R/sir,
I was working with Indian Railways as an Assistant Engineer since Dec 2011, selected by UPSC. This is a Group A service and my basic salary was 23640/- in pay band of 15600-39100 after four years of service. I have applied for the post of Asstt Prof. in pay band 15600-39100 and AGP 6000/- in SLIET (Sant Longowal institute of engineering and technology) in response to published advertisement. SLIET is an autonomous centrally funded technical institute under MHRD, Govt of India. I have informed railway about this and they have provided me NOC which was produced in interview. After getting selected in SLIET, I applied for technical resignation which was duly accepted, and a copy of acceptance was also sent to SLIET. My lien is also maintained in railways.
I was relieved on 28/04/2016 from Indian Railways to join duties in SLIET. I joined on 12/05/2016, and after joining I applied for pay protection in Sep 2016 citing O.M. No. 28020/1/2010-Estt.(C). But the institute has declined my request citing recommendations of selection committee and T&C of appointment letter. According to them selection committee must explicitly recommend pay protection, then only it will be given, otherwise the pay will be fixed at minimum of basic pay. They also rejected my transfer TA claim.
My understanding is that since I was not asking for higher AGP or grade pay or advance increments, selection panel did not recommend it explicitly. Also pay protection should be governed by relevant CCS rules rather than recommendations of selection committee. In my offer letter, they have clearly mentioned that the institute follows CCS rules. So, this institute comes under the ambit of DoPT rules as per my understanding.
Please provide your views on this case, and what is the merit in this case? If they reject it what are the legal remedies available to me. Thanks in advance.
Regards,
Vivek
