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Ashok Gupta   02 January 2020

pay protection

Respected Experts,
Please guide and educate me on whether I will get my basic pay protected or not if the conditions are as follows -
I am serving as a permanent teacher in a senior secondary school run and controlled by Banaras Hindu University drawing a basic pay of 70000 ( 7th pay revised). I applied for the post of Assistant Professor advertised by the U. P. Higher Education Service Commission, Allahabad, the body responsible for the selection of Assistant Professor for U.P. govt aided Degree (UG/PG) colleges under the department of Higher Education of U. P. Govt, after taking permission and NOC from the employer. After going through a written test and and interview conducted by the UPHESC, Allahabad I got selected for the Asst. Prof. post. The entry pay scale being P.B. 15600-39100, AGP 6000 (pre-revised) corresponding to Basic pay of 57700 (ugc 7th pay revised), I am at loss of the basic pay of salary.
Please let me know if pay-protection is admissible to me. Please quote the relevant information and rules for taking my future decision and betterment of my career.
Thanks and regards.


 6 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     03 January 2020

The matter needs to be got clarufied with the future Employer. There cannot be a Law to protect the salary of every employee applying to another job. It depends on the Standing Orders of UP government as to pay porotection etc if their existing Employee in one Department/College/School gets selected in another Department/College/School within the same State Government.

SUNIL KUMAR (apprentice)     03 January 2020

As per CCS rules pay protection is given when the official tenders technical resignation... In your case it may be given depending upon prevailing rules of the establishment... You can file an rti in this regard...

G.L.N. Prasad (Retired employee.)     03 January 2020

Please file RTI to UGC seeking a copy of such rules that protects the pay already drawing in the future institution.  GIve details.  You can file online RTI or search in website of UGC on RTI matters.  This costs Rs.32/- to get the authentic information.  (Rs.10 postal order fvg: Accounts officer, UGC payable at New Delhi) + Rs.22 Postal Registration.

P. Venu (Advocate)     03 January 2020

Have you been issued appointment letter which may contan the answers to your doubts. If not , try to obtain the information through RTI.

Dr J C Vashista (Advocate)     06 January 2020

Mr. Ashok Gupta,

Are you sure/ correct in your statement that the School where you are currently employed is run by Banaras Hindu University ???

Does any (icluding BHU) run school ???

Even otherwise BHU, being an autonomus organisation, is governed by its own Act/ Rules, which shall/may differ from CCS Rule applicable to government employees. 

It is advisable to consult a local prudent lawyer for better appreciation of facts, professional guidance and proceeding.

Best wishes

Dr. (Maj) J C Vashista, Advocate

Supreme Court of India

T. Kalaiselvan, Advocate (Advocate)     16 January 2020

If there are facilities for tendering technical resignation as per rules and it is recognised by the new employer then you may get the benefits of the technical resignation as per rules including the pay protection, seniority and retirement benefits.

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