Pay protection
Gajendra
(Querist) 11 December 2016
This query is : Resolved
I m currently working in the the pay scale of 24900-50500 in Central PSU with basic pay of 27220 and gross salary of around 73728/-. I wish to join other central PSU which offer the same pay scale I.e. 24900-50500. I want to know whether my pay is protected I.e. whether I can get same basic pay I.e. 27220 after joining of other PSU.
Guest
(Expert) 11 December 2016
Apply through proper channel to get benefit of pay protection.
Gajendra
(Querist) 11 December 2016
Can I get the same basic I.e. 27200 in the event of joining
Ms.Usha Kapoor
(Expert) 12 December 2016
2-
Annexure to DOPT 0.M.No.28020/1/2010-Estt(C) dated December 26
th
,2013
LIEN AND TECHNICAL RESIGNATION
LIEN
Lien represents the right/title of a Government employee to hold a regular post, whether
permanent or temporary. either immediately or on the termination of the period of absence. The
benefits of having a lien in a post/service/cadre is enjoyed `by all officers who are confirmed in
the post/service/cadre of entry or who have been promoted to a higher post declared as having
completed the probation where it is prescribed, or those who have been promoted on regular
basis to a higher post where no probation is prescribed under the rules, as the case may be.
2.
The above right/title will, however, be subject to the condition that the junior-most
person in the cadre will be liable to be reverted to the lower post/service/cadre if at any time the
number of persons so entitled is more than the posts available in that cadre/service. For example,
if a person who is confirmed or whose probation in a higher post has been declared as having
been completed or one who is holding a higher post for which there is no probation on a regular
basis, reverts from deputation or foreign service and if there is no vacancy in that
post/service/cadre to accommodate him, the junior-most person will be reverted. If, however,
this officer himself is the junior-most, he will be reverted to the next lower post/service/cadre
from which he was earlier promoted.
[0.M. No. 18011/1/86-Estt.(D) dated 28.03.19881
LIEN ON A POST
3.
A Government servant who has acquired a lien on a post retains a lien on that post—
(a)
while performing the duties of that post:
(b)
while on foreign service, or holding a temporary post or officiating in another
post;
(c)
during joining time on transfer to another post; unless he is transferred
substantively to a post on lower pay, in which case his lien is transferred to the
new post from the date on which he is relieved of his duties in the old post;
(d)
while on leave; and
(e)
while under suspension.
4.
A Government servant on acquiring a lien on a post will cease to hold any lien previously
acquired on any other post.
RETENTION OF LIEN FOR APPOINTMENT IN ANOTHER CENTRAL
GOVERNMENT OFFICE/ STATE GOVERNMENT.
5.
If a permanent employee is selected on the basis of his application for posts in other
Central Government Department/Offices/ State Government, his lien may be retained in the
parent department for a period of 2 years. If the employee concerned is not permanently
absorbed within a period of 2 years from the date of his appointment in the new post, he should
immediately on expiry of the period of 2 years either resign from the service or revert to his
Contd..P.3/4
-3-
parent cadre. An undertaking to abide by this condition may be taken from him at the time of
forwarding of his application to other departments/offices.
6.
When a Government servant has joined a department/office where he is not confirmed
within a period of 2 years due to some reasons, he may, in exceptional cases, be permitted to
retain the lien in the parent department/ office for one more year. While granting such
permission, a fresh undertaking similar to the one indicated above may be taken from the
employee.
7.
Timely action should be taken to ensure extension/ reversion/ resignation of the
employees to their parent cadres on completion of the prescribed period of 2/3 years. In cases,
where employees do not respond to instructions, suitable action should be initiated against them
for violating the agreement/ undertaking given by them as per (3) and (4) above and for
termination of their lien. Adequate opportunity may, however, be given to the officer prior to
such consideration.
8.
Temporary Goverment servants will be required w severe connections with the
Government in case of their selection for outside posts. No lien will be retained in such cases.
JO.M. No. 8/4/70-Estt(C) dated 06.03.19741
TERMINATION OF LIEN
9.
A Government servant's lien on a post may in no circumstances be terminated even with
his consent if the result will be to leave him without a lien upon a permanent post. Unless his lien
is transferred, a Government servant holding substantively a permanent post retains lien on that
post.
10.
A Government employee's lien on a post shall stand terminated on his acquiring a lien on
a permanent post (whether under the Central Government or a State Goverment) outside the
cadre on which he is borne.
11.
No lien of a Government servant shall be retained:
where a Government servant has proceeded on immediate absorption basis to a
post or service outside his service/ cadre/ post in the Government from the date of
absorption; and
(ii)
on foreign service/ deputation beyond the maximum limit admissible under the
orders of the Government issued from time to time.
Thlotification No. 28020/1/96-Estt.(C) dated 09.02.19981
TRANSFER OF LIEN
12.
The lien of a Government servant, who is not performing the duties of the post to which
the lien pertains, can be transferred to another post in the same cadre subject to the provisions of
Fundamental Rule 15.
JNotification No. 28020/1/96-Estt.(C) dated 09.02.19981
Co ntd
P.4/4
(i)
•
-4-
TECHNICAL RESIGNATION
13.
A resignation from the service or post entails forfeiture of entire past qualifying service.
The exception is technical resignation which does not result in forfeiture of past service.
14.
In cases where a Government servant applied for post in the same or the other
Departments through proper channel and on selection, is required to resign the previous posts for
administrative reasons, the benefit of past service, if otherwise admissible under rules, is given
treating the resignation as a "Technical Formality". Resignation submitted for other reasons or if
competent authority has not allowed him to forward his application through proper channel is a
resignation and benefit of past service will not be admissible.
15.
This benefit is also admissible to Government servants who applied for posts in same or
other Departments before joining Government service and on that account the application was
not routed through proper channel. The benefit of past service is allowed in such cases subject to
the fulfilment of the following conditions:-
the Government servant at the time of joining should intimate the details of such
application immediately on their joining.
(ii)
the Government servant at the time of resignation should specifically make a
request, indicating that he is resigning to take up another appointment under
Government/ Government organisation for which he applied before joining the
Government service and that his resignation may be treated a 'technical
resignation'.
i)
the authority accepting the resignation should satisfy itself that had the employee
been in service on the date of application for the post mentioned by the employee,
his application would have been forwarded through proper channel.
{OM No. 13/24/92-Estt.(Pay-I) dated 22.01.19931
CONTINUITY OF SERVICE ON TECHNICAL RESIGNATION
16.
A permanent Government servant appointed in another Central Government
Department/Office has to resign from his parent department unless he reverts to that department
within a period of 2 years, or 3 years in exceptional cases. Such resignations shall not be deemed
to be resignation for the purpose of pension, if admissible. As a consequence, continuity of
service benefits should be allowed to such employees in the matter of pension, leave, LTC, etc.
as admissible under the rules.
17.
In cases where Government servants, who had originally joined government service prior
to 01.01.2004, apply for posts in the same or other departments and on selection they are asked
to tender technical resignation, the past services are counted towards pension under CCS
(Pension) Rules, 1972.
JDepartment of Pension & Pensioners Welfare OM No. 28/30/2004-P&PW(B) dated
26.07.2005]
0
Rajendra K Goyal
(Expert) 12 December 2016
Refer the service conditions / appointment terms of both the concerns.
Dr J C Vashista
(Expert) 13 December 2016
The author has stated his intention to join in another central PSU permanently and not on deputation or lien, accordingly the DOPT circular referred by Ms. Usha Kapoor is irrelevant.
If you have applied through proper channel and the terms and conditions of service with new PSU permit on higher scale it shall be protected, you are required to seek clarification from the "New" organisation. Generally each PSU has its own terms and conditions qua such issues.
Rajendra K Goyal
(Expert) 13 December 2016
Use RTI to your new PSU to know the actual position.
