Pay protection

Your initial appointment is still un-confirmed / on probtion, accordingly you cannot claim protection of pay in the new assignment.

How long was your service in the first AIIMS hospital, 1 year or 10 years? What is the length of probation period under the terms of appointment? Why did you apply to the other hospital when you were still on probation? You are saying technical resignation. When it is resignation and not transfer there is no continuity and no protection of pay.

You did service for 1.10 years, meaning one year and 10 months in AIIMS hospital and joined another hospital on technical resignation.  But you have not completed the probation period in the previous hospital, you cannot calim pay protection in another job.

Whether an employee on probation allowed for technical resignation in AIIMS ? If so, can you let me educate, which I am not aware.

Sir I have 22 months service in AIIMS RISHIKESH and there was provision of probation is for 2 yr but I didn't complete that period and I technically relieved from there and joined new post in another AIIMS . Previous AIIMS issued NOC, grant me technical resignation and Last pay certificate also and I have no service break and immediately joined new AIIMS nearby at my hometown. Now I m seeking to get pay protection but current AIIMS denied . In DoP&T guidline I can't get this benefit due to not confirmed in previous institute but can I get this benefit through CAT/Court.

Though you have completed 22 months of service, you cannot get pay protection.

Under DoPT Office Memorandum dated 24th November 2022 (Consolidated Instructions on Technical Resignation and Lien), a resignation is recognized as a Technical Resignation if you applied through the proper channel (with NOC).

While Lien (the right to hold/return to your old post) generally requires completion of probation/confirmation, Technical Resignation benefits (such as transfer of leave, service continuity, and pay protection) apply to regular employees who applied through proper channel.

Under DoPT OM No. 12/2/2017-Estt (Pay-I) dated 5th August 2020, when a Central Government / Autonomous Body employee is appointed via direct recruitment to another Central Govt/Autonomous Body post after submitting a technical resignation, their pay drawn in the previous regular post is protected during and after probation in the new post.

Nowhere in FR 22-B(1) or the August 2020 DoPT OM does it state that 2 full years or completed probation in the previous post is a mandatory prerequisite for pay protection, provided you were appointed on a regular basis (and not purely temporary/ad-hoc/contractual).

Administrators often confuse the rules of Lien (which requires confirmation/probation completion) with Pay Protection under FR 22-B(1). Some accounts sections argue that drawing presumptive pay under FR 22-B(1) assumes holding a "substantive/permanent" post. However, courts and Central Administrative Tribunals (CAT) have repeatedly held that regular service tendered after formal appointment (even during probation) counts for service continuity and pay protection upon technical resignation.

You can write a detailed representation to the Director / Administrative Officer of your current AIIMS institute stating that that your appointment at the previous AIIMS was on a regular basis through proper selection, and your resignation was duly accepted as "Technical Resignation" by the competent authority and seek recognityion of your previous service as per law. 

If the local AIIMS administration turns down your representation, you can file an appeal with the Ministry of Health & Family Welfare (MoHFW) or approach the Central Administrative Tribunal (CAT),

Yes, completion of probation is not at all decisive.  You may submit a representation/appeal and may seek judicial review, if so required.