Pay protection under sate government
ALOK SHARMA
(Querist) 25 September 2015
This query is : Resolved
Sir,
I was working in Kendriya Vidyalaya Sangathan (underMHRD) as a teacher with Grade Pay 4600/. After 10 years of experience in that service, I apply for a post under Rajasthan Government (Through Proper Channel) after Selecting for the new post I submitted technical resignation for joining Under Rajasthan Government with Grade pay 4800/-.
I wish to apply for pay protection in my present service.
What are the necessary documents, i should produce for getting pay protection?
i request the experts to give their valuable opinion for which i will be thankful to them.
regards
ALOK SHARMA
P. Venu
(Expert) 26 September 2015
You are entitled and hence can apply.
ALOK SHARMA
(Querist) 26 September 2015
sir, rajasthan goverment denied for the same please tell me about legal procedure
Guest
(Expert) 26 September 2015
Rules of every (Central or State) Government allow for pay protection on technical resignation.
ALOK SHARMA
(Querist) 27 September 2015
THE RAJASTHAN GOVERNMENT ALLOW TO PAY PROTECTION ONLY WHO RENDERED SERVICE IN RAJASTHAN GOVERNMENT BEFORE SELECTING A POST THROUGH DIRECT RECRUITMENT BUT THE SAME IS NOT ALLOW TO OTHER GOVERMENT SERVANT.(LIKE CENTRAL GOVT. SERVANT AND AUTONOMOUS BODIES EMPLOYEES OF CENTRAL GOVERNMENT LIKE KVS)
Dr J C Vashista
(Expert) 27 September 2015
KVS is governed by Union government whereas you have joined state (Rajasthan) government teaching job, rules in both the cases differ slightly. State government do not provide protection of pay of employees joining from central government/autonomous bodies.
Contact, consult and engage a local lawyer for proper guidance, advise and proceeding.
K.S.Srinivas
(Expert) 27 September 2015
Even though you have applied through proper channel, for protection of your pay in the Rajasthan Government, unless specific rule is there in Rajasthan Service Rules, pay pay protection can not be given.
krishna mohan
(Expert) 30 September 2015
It looks it is a selection post in Rajasthan Govt. Unless the advertisement had indicated about pay protection for serving central govt. employees and your offer indicates pay protection you may not have any right. However you may check for any precedent also where KV teachers would have joined the service to protect your interest.
T. Kalaiselvan, Advocate
(Expert) 02 October 2015
Various cases referred before the high courts and supreme court seeking pay protection as n the present case were rejected or dismissed, one such case is
CIVIL APPEAL NO. 5481 OF 2011(Supreme court)
[Arising out of SLP (C) No. 8403 of 2009]
Jagdish Parwani Vs. Union of India & Ors.
