Pay protection rule.
rakesh
(Querist) 15 March 2014
This query is : Resolved
Sir,
I am writing this post with the hope of reply.
I have been working in a PSU for last 5 years. I applied for a group B post in Ministry. The applications were called by Staff Selection Commission (SSC). As per requirement,I intimated my department of my applying to SSC and they also issued me experience certificate. Selection was made by SSC through interview only and I have been selected for the post.
My present basic pay is rs. 21,200/- and my basic pay in the ministry would be rs. 17,140/-, if not protected.
Sir, I would be greatful if you advise me as to
(1) under which rule I can have the right to get my present pay protected? AND
(2) can perks available in the PSUs be also protected in the central govt. job?
Sir, Kindly guide and advice.
Thanks
regards
Rakesh.
Guest
(Expert) 15 March 2014
Depends upon submission of your application through proper channel or NOC of your organisation. Mere intimation to the department is not relevant for the purpoe of protection of your pay. Further only pay is protected, not perks.
Rajendra K Goyal
(Expert) 15 March 2014
Depends upon the service conditions of new department.
Only pay is protected not the perks.
rakesh
(Querist) 02 April 2014
Sir(s),
Thank you very much of your valuable advices.
Dhingra Sir, my parent department issued me experience certificate for producing before the SSC Interview Board. Does it not mean that my department has given me NOC?
And as far as applying through proper channel is concerned, mere intimation to the department about applying to SSC is required which I did.
Kindly guide.
Guest
(Expert) 02 April 2014
Dear Rakesh,
Experience certificate cannot substitute the NOC from the competent authority, as there is a marked difference between experience certificate and an NOC. You can obtain an experience certificate as a matter of right for your personal use anywhere, while NOC is always at the discretion of the competent authority, as the same can be issued only after taking care of the interest of service, not that of the employee.
Similarly, intimation is merely an information, which you provided, but that merely serves the purpose of observance of rules of discipline meant for the employees and cannot be deemed to be the official assurance or permission of the competent authority that the authorities would lelieve you for the other department, if selected, by keeping at bay the interest of your present department. On the other hand, NOC or the application if forwarded by the authorities, construe to be their consent that the employee can be relieved for the post of the other organisation on selection.
rakesh
(Querist) 03 April 2014
Respected Sir,
Thank you for guiding me.
You have made a clear difference between NOC and issue of experience certificate. But sir, from your reply I realise/conclude that issue of NOC imply that the department will relieve me upon my selection to the new post.
Sir Kindly advise if my department accepts my technical resignation, retain my lien for the post and will relieve me to join new post, then will I be able to get pay protection. And if still not then how to get my pay protected?
Kindly advice.
Regards.
Guest
(Expert) 03 April 2014
There is no use of putting hypothetical question merely on supposition basis. Your question has no relevance until your resignation is treated as technical resignation.
T. Kalaiselvan, Advocate
(Expert) 16 March 2014
