hemendas 01 September 2017
hemendas 01 September 2017
sir, It is governed by FR & SR of the Central Government.
There is a technical snag and a clearcut anomaly in your case, as yours is not a case of seeking transfer to a lower post, but your post rendered to be lowered by virtue of proforma promotion with retrospective effect in your parent department.
The letter referred to by you is concerned with transfer to lower post. Contrarily, at the time of transfer neither you requested for transfer to a lower post, nor were transferred to a lower post. You were actually transferred to a post with identical scale of pay, where the anomaly arose due to refixation of pay in your parent department on upgradation of your post. A very perfect case would be required to bemade for consideration of the appropriate competent authority.
Originally posted by : Dhingra, 1962dcg@gmail.com | ||
![]() |
There is a technical snag and a clearcut anomaly in your case, as yours is not a case of seeking transfer to a lower post, but your post rendered to be lowered by virtue of proforma promotion with retrospective effect in your parent department. The letter referred to by you is concerned with transfer to lower post. Contrarily, at the time of transfer neither you requested for transfer to a lower post, nor were transferred to a lower post. You were actually transferred to a post with identical scale of pay, where the anomaly arose due to refixation of pay in your parent department on upgradation of your post. A very perfect case would be required to bemade for consideration of the appropriate competent authority. |
![]() |
In deed very perfect analysis by Mr. Dhingra. You have got the right solution from a single expert. Apparently, Mr. Dhingra can be considered to be a perfect master of service laws.
Best of luck
hemendas 01 September 2017
My heartiest thanks to both of u sir.
I repeaedly requested our authority, but everytime it was not considered i.e. my grade pay was not protected citing the FR 15 (a) [F.No. 13/9/2009-Estt(Pay-I) Governmentof India , date 21/10/2009).https://www.lawyersclubindia.com/editor_upload/392783_20170901204020_10410391913_9_2009_estt_pay_1_.pdf
Futher, when i applied in my new organization through proper channel, the pay scale was mentioned as 15,600-39,100+ 6000 (GP) in the advertisement.
Even though I was appointed with pay protection in my new organization, as per FR 15 (a) only basic pay was protected and my pay was fixed accordingly i.e. basic of higher post (stage -2)+ grade pay of lowe post (Stage-1).
Please guide me sir whether I will be now considered as promoted to stage -2 in my new organization and i will be eligible to apply for promotion to stage -3 directy which is due on next Februray OR again i will have to apply for promotion to stage-2 in my new organization.
Sir, please provide me a copy of guidline or rule in this regard so that I can produce in my new organization in support of my case.
hemendas 02 September 2017
Thank u very much Dhingra sir.
However, my basic pay of stage 2 is protected in my new organization. Since my promotion in previous unversity is retrospective effective from 25th Feb,2013 that means I already serverved 2 and half yr with 7000 GP (Stage-2) before joining in the ncurrent one. Rule in our university says that if i serve five yras with 7000 GP, then I am eligibel to be promoted to stage-3 (GP 80000).
Now my confusion is since my grade pay (7000) was not given (Only basic of stage-2 is given) in current organization, can I apply for stage-3. or again I will have to apply for stage-2 . Is there any rule or guideline in such stituation.
It is to be noted that i already served 2 and half year with 7000 GP in earlier organization.
What I should do sir? Please guide me what the service rule says in this aspect.
Regards
Originally posted by : hemendas | ||
![]() |
Thank u very much Dhingra sir. However, my basic pay of stage 2 is protected in my new organization. Since my promotion in previous unversity is retrospective effective from 25th Feb,2013 that means I already serverved 2 and half yr with 7000 GP (Stage-2) before joining in the ncurrent one. Rule in our university says that if i serve five yras with 7000 GP, then I am eligibel to be promoted to stage-3 (GP 80000). Now my confusion is since my grade pay (7000) was not given (Only basic of stage-2 is given) in current organization, can I apply for stage-3. or again I will have to apply for stage-2 . Is there any rule or guideline in such stituation. It is to be noted that i already served 2 and half year with 7000 GP in earlier organization. What I should do sir? Please guide me what the service rule says in this aspect. Regards |
![]() |
Protection is provided for basic pay of the pay scale, not the Grade Pay.
hemendas 02 September 2017
Originally posted by : hemendas | ||
![]() |
Respected Dinghra Sir....that means i can apoly for stage 3. Sir if so, is there any dicument/ rule/service guideline in this regard to produce in my current universuty......pls provide me sir...........my regards | ![]() |
With reference to your referrered letter of the Government of India, I have already very clearly pointed out, as "there is a technical snag and a clearcut anomaly in your case, as yours is not a case of seeking transfer to a lower post, but your post rendered to be lowered by virtue of proforma promotion with retrospective effect in your parent department." The referred letter does not cover the anomaly.
hemendas 03 September 2017
Thank u very much sir. I will request my authority again.
My regards
hemendas 05 September 2017
Respected dhingra sir,
I have attached one recent guideline in your mail and highlighte the important point.
Sir, kindly see the same and guide me how it will be helpful in my case.
Regards