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Sunny Singh   12 June 2022

Ccs rule on pay fixation.

Dear Sir.

I am working in Department of Space/ISRO as scientist engineer. It has various centers and autonomous units under it. I got transfer from one ISRO center to an autonomous unit under DOS in June 2015 on same post/cadre and same pay scale. My date of annual increment was 1st July 2015. I have been denied this annual increment saying that my services at autonomous unit is considered as a fresh joining and I am permanently absorbed in an autonomous unit. I would like to know the following:

1. As posts at both autonomous unit and ISRO center are on same scale and there is no service lapse in my transfer. Also my transfer was also not on any fresh advertisement and there was no selection procedure for my transfer. How can my service is considered as a fresh service.

2. What does pay protection mean. Does it mean protection of date of increment also.

Thanks and regards,

Sunny Singh

 



Learning

 15 Replies

G.L.N. Prasad (Retired employee.)     12 June 2022

Please file an online RTI Application to DOPT (rtiindia website) with Rs.10/- and seek such a certified copy of orders and notifications.  Study them and apply them to your case and represent if there is injustice.. You can seek information as follows:

1. Please provide a copy of laid down norms for pay protection when an employee is deputed to the Autonomous unit of the parent organization and absorbed as a regular employee by the autonomous unit.

2. Please provide O&M links to all such recent notifications.

 

Dr J C Vashista (Advocate)     12 June 2022

Transfer within the same organisation do not affect seniority, pay & allowances, increment or other benefits as applicable to the post/ cadre.. 

You should submit your representation / application for grant of service increment, wait some time for response and move to CAT of jurisdiction through a local prudent lawyer, if not satisfied with the action. 

P. Venu (Advocate)     16 June 2022

The facts posted suggest the denial of increment to be injudicious. You may submit a representation or a statutory appeal and may seek judicial review, if so required.

Sudhir Kumar, Advocate (Advocate)     24 December 2022

some more facts seem to be yet to be shared.

 

How a govt employee can be transferred to autonomous body and yet called posting within cadre.

 

Specific order needs to be studies for the puppose of forming a cleqar view

Sunny Singh   24 December 2022

Sir, 

Thankyou for ur guidance.

Such transfers were given on personal request bases and are very common in Dept of Space. There were no specific rules followed for such transfers and were purely on individual request and vacancy based. Similarly I requested for transfer from one centre to this autonomous unit under DoS. I had been isued last pay certificate (LPC) as on 26th June 2015 which says my (DNI)date of next increment as 1st July 2015. I had been given this increment on 1st July 2015. But now they reopened some old cases, and claim this this increment is invalid as increment in an autonomous body is possible only after six month of service. But if this was in the rule why did my LPC was accepted prior to my relieving and I could have delayed my relieving for 6more days.

Pl advise.

 

Dr J C Vashista (Advocate)     25 December 2022

Originally posted by : Sunny Singh

Sir, Thankyou for ur guidance.Such transfers were given on personal request bases and are very common in Dept of Space. There were no specific rules followed for such transfers and were purely on individual request and vacancy based. Similarly I requested for transfer from one centre to this autonomous unit under DoS. I had been isued last pay certificate (LPC) as on 26th June 2015 which says my (DNI)date of next increment as 1st July 2015. I had been given this increment on 1st July 2015. But now they reopened some old cases, and claim this this increment is invalid as increment in an autonomous body is possible only after six month of service. But if this was in the rule why did my LPC was accepted prior to my relieving and I could have delayed my relieving for 6more days.Pl advise. 

Whether you are on deputation or permanently transferred to the Unit under the agecies of DoS ? 

Despite it's autonomous character the Unit where you are posted / transferred is stated to befunctioning under DoS, it would not affect increment and/or Pay & allowances of transfree employees. 

Did you bring the animoly qua withholding / non-grant / delay of increment to the notice of concerned HoD, if so, what is response ?  

P. Venu (Advocate)     25 December 2022

"Similarly I requested for transfer from one centre to this autonomous unit under DoS. I had been isued last pay certificate (LPC) as on 26th June 2015 which says my (DNI)date of next increment as 1st July 2015"

What are the terms and conditions of this transfer? What are the standing instructions, if any?

Sudhir Kumar, Advocate (Advocate)     25 December 2022

Not understood clearly.

 

You are transferred on

  1. own request
  2. to another cadre
  3. to autonomous body

not clear whether budget of salary is the same?

whether you can be posted back without your request?

Dr J C Vashista (Advocate)     26 December 2022

You have stated, inter alia, that, "I had been isued last pay certificate (LPC) as on 26th June 2015 which says my (DNI)date of next increment as 1st July 2015..."  for which I have all my doubts as to whether an employee transferred to another organisation (autonomous body in your case) would be issued with LPC as well as date of next increment ???

Besides this, if your department i.e., DoS is same why you have been issued with LPC ?

What is relevancy of DNI for an employee been transferred to a subsidiary / sister concern ?

Facts posted are incomplete and confusing.
 

Sudhir Kumar, Advocate (Advocate)     10 January 2023

Originally posted by : P. Venu

"Similarly I requested for transfer from one centre to this autonomous unit under DoS. I had been isued last pay certificate (LPC) as on 26th June 2015 which says my (DNI)date of next increment as 1st July 2015"What are the terms and conditions of this transfer? What are the standing instructions, if any?

 

This information is vital for me to form a view.

Sunny Singh   14 January 2023

Sir, now it is being told to me that my transfer between center to AB's  was on permanent absorption basis. All my earned leaves were encashed to me and my service starts afresh here in the autonomous body. I was also given a Last pay certificate which says my Date of Next Increment was 1st July 2015. Now my question is

1. As my LPC was shared along with my personal file to the autonomous body, If my DNI was not acceptable to the autonomous body, why didn't the same was informed to me.

2. As per GOI order pay emoluments while joining a autonomous body are negotiable, which was not done in my case. 

So accordingly how can they made a recovery to me at this point. 

Pl help.

 

Sudhir Kumar, Advocate (Advocate)     15 January 2023

Originally posted by : Sudhir Kumar, Advocate

Not understood clearly. You are transferred onown requestto another cadreto autonomous bodynot clear whether budget of salary is the same?whether you can be posted back without your request?

 This information is relevant for me to form a view

Sunny Singh   15 January 2023

Sir, Dept of Space / ISRO has many centers and autonomous bodies under it. Apart from Transfers on deputation, work arrangements etc there are mutual transfers and transfers on personal requests are very common. 

All these centres and AB's have posts on " same time scale" and all perks and promotions are also same.

Budget to all centers and AB's are provided by DoS.

In my case I requested for transfer to an autonomous body on personal ground basis, I was told that transfer between centers does not effect service, but to an autonomous body is possible only on permanent absorption basis. I had no idea why such differences are there.

I was issued an last pay certificate (LPC) accordingly.

I don't know about Transfer back from AB's to center are possible or not. But we were not issued any new appointment letter. 

Actually what my admin people told me that till now they were following all rules like other DoS centers, may be that's why they haven't issued any appointment letter and there were no pay negotiations with transferred employees, Also all new recruitment are done by DoS only.

But now with some other case, this incremental case was opened and DoS told that increment to an autonomous body employees can ony be given after min 6 month of service.

 

Dr J C Vashista (Advocate)     16 January 2023

You have posted facts in bits and pieces accordingly it has become a mess.

It is, therefore, adviable to consult and engage a local prudent lawyer practicing service matters for proper appreciation of facts / documents, professional advise and necessary proceeding to protect your interest


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