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Ashok Kumawat   22 July 2020

Pay protection after rendering technical resignation

If I technically resign from the post of income tax inspector GP 4600 which is Group C post to join the group B post GP 4200 then will my pay be protected both are central government post? Neglecting GP, if considering classification of post as group A,B,C and D as made by central government , then, I am in heirarchy of joining from lower post to higher post? Note: income tax inspector is junior most authority as per income tax Act and even ssc notification clearly stated this fact Hence, experts !!! Will my pay be protected?


 7 Replies

Dr J C Vashista (Lawyer)     22 July 2020

Yes, it would be protected.

Whether class D services do exist in central government ?

Ashok Kumawat   22 July 2020

Yes.it exist. Sir, please provide supportive case law or any dopt OMs or any supportive evidence on the basis of which you are replying that pay would be protected because if we consider grade pay then appointment would be higher to lower grade pay

Ashok Kumawat   22 July 2020

Om prakash ji I have already gone through it. But few seniors eg. Government officials say that pay protection is not eligible while transfer to lower grade pay from higher one. But my case is complicated as stated above. Moreover the department which I wish to Join i.e. CAG of india had passed an internal order dtd. 31.3.2014 stating that pay protection not be given for higher to lower grade pay inspite of various dopt OMs favouring such appointments i.e.from higher to lower grade pay. The fact that all dopt OMs are released after consulting with cag why such action is taken by cag. Hence, please provide relevant information that technical resignation can be supported by this point that I am shifting from group c to group b post

P. Venu (Advocate)     22 July 2020

The concept Grade pay is no longer in vogue. How is it relevant in your case?

Ashok Kumawat   23 July 2020

Hello sir, I know pay matrix have replaced earlier grade pay. Then how pay protection can be sought after 7 cpc when appointment made from higher to lower grade pay

P. Venu (Advocate)     24 July 2020

You are yet to post the material facts bringing out the real issue.

Ashok Kumawat   25 July 2020

Hence, please provide relevant information that technical resignation can be supported by this point that I am shifting from group c to group b post

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