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Rakesh Ranjan Singh (SR. AUDITOR)     06 January 2013

Pay protection

Sir,

I was working as Assistant Station Master in Indian Railway (Central Railway) Mumbai Division from 26/07/2004 to 04/08/2008. Through open competition I was selected for the post of Auditor for which I got NOC from Railway. I got my technical resignation accepted by competent authority of Raiway on 04/08/2008 and joined Defence Accounts Departement on 06/08/2008. Basic pay of Auditor was as same as of Asst. Stn. Master i.e 4500-7000. Since I had already worked as A.S.M so my basic at the time of technical resignation was 4500+125+125+125+125=5000/-. After implemention of 6th Pay Commission my new basic pay fixed by Railway departement is 9690+2800 which I understood is correct. It was mentioned by Railway department in my service book  which was later sent  to my new departement. In my new departement I was treated as new recruit and my new basic pay after implemention of new pay commission was fixed 8560+2800 which is minimum entry pay and grade pay of Auditor. The same entry pay is also of Asst. Stn. Master.

 Now the question is of Pay protection. 1. Can I get my Pay Protection.

2. If I get pay protection what would be my basic pay + grade pay at the time of joining.

3. Whether counting of past service is necessary for pay fixation. As I know counting of past service is for pensionery benefit and here both of my spell is under new pension scheme.

4. Some of my concerned officer is saying that without counting of past service pay protection is not possible. However my objection is that counting of past service can be done in future also. Here pay protection directly effects me  and my family.



 2 Replies

Isaac Gabriel (Advocate)     19 February 2013

You will be governed by the service rules applicable to the new post and the past servicds copuld be taken for the purpose of gratuity.You may not be eligible for PAY PROTECTION since your appointment was a new one,and tghe techincal resignation is a formality to dispense with the previous service and it has no significance for the fresh appointment.

Rakesh Ranjan Singh (SR. AUDITOR)     19 February 2013

Sir,

I am not agree with you. As per FR 22 Technical resignation is like a technical formalities and Past services would be  considered for pay fixation. Further I would like to mention that the position of gratuity is not clear for the employee covered under new pension scheme.

 


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