Pay protection
shyju
(Querist) 04 May 2017
This query is : Resolved
i have joined in a central govt autonomous institution from another autonomous institution of staff nurse post. The pay scale and grade pay same in both institution and i have completed my probation and worked about 5 yrs in previous institution.I got technical resignation and joined here through proper channel only.Now the present employer denying the pay protection and other benefits mentioned under technical resignation by stating that it will available for candidates who joined through personal interview not for the candidates who joined through open competitive exam.I have followed all the guidelines mentioned for pay protection in case of technical benefits. My Question is that whether pay protection benefits limited for candidates who joined through personal interview ? Any previous judgement in similar case? Pls help me
krishna mohan
(Expert) 05 May 2017
If it is a Direct recruitment pay protection will not be extended. Since you have forwarded through proper channel for the same post/grade, you may check the advertisement for pay protection, especially for serving people the same level. Alternatively you can give representation to Appointing authority for pay protection as per rules and when denied you can represent to the Grievance officer of your organization who is more accountable for resolving grievance monitored by the Ministry.
Guest
(Expert) 05 May 2017
What do you mean by, "joined here through proper channel only"?
Did you send your application for recruitment through proper channel or merely joined after acceptance of your technical resignation?
Also, if you sent your application through proper channel, do you have any proof that your department would have sent the application to the new employer within due date for applications?
shyju
(Querist) 05 May 2017
Thank you Krishna Mohan sir and P.S Dingra si for your reply . As I stated in my query, i have joined as a direct recruitment through open competitive exam, but in guidelines of technical resignation the method of selection not clearly mentioned.
The application option was online application only so i have got N.O.C from previous employer and the same uploaded during online application and submitted. After selection, i have applied for technical resignation by to join the present employer which they issued and relieved me from my duty after 3 months resignation period and 2nd day i have joined in my present institution by submitting the technical resignation order and relieving letter. In between i have requested 3 month extention to join by stating my resignation period was 3 month which they granted also.But the previous employer has not forwaded my application physically as per rule for applying through proper channel. There was no problem until i have applying for benefits of technical resignation.First they quated selection committee not decided to grant the benefits, subsequently they told pay protection only for those candidate who have joined through personal interview. As per ministry of Finance order no. 3379-E. III(B)/65 dated 17th june,1965 pay protection under technical resignation guidelines mentioned but not stated the method of selection. That is why my question , Is there any provision to get the benefits of technical resignation in my case or not?
Guest
(Expert) 05 May 2017
You can get the benefit of pay protection, but you will have to struggle hard by proving that irrespective of the selection method, you are eligible for pay protection as permissible for transfer from one autonomous body to another autonomous body. There are several Government of India orders/ clarifications on the issue after 1965 order.
shyju
(Querist) 05 May 2017
Thank you sir for your expert opinion and one last question that I have plan to go C.A.T, so shall I challenge the selection method order or ask for technical resignation benefit? Which is more helpful in my case?
Guest
(Expert) 06 May 2017
If you challenge the selection method you are surely going to lose the case, as requirement and selection method of any employer is the prerogative of the employer, not the employee, where a court/CAT cannot interfere unless some serious irregularity in the selection process is established beyond any doubt.
So, just check what proof you have to challenge the employer to be wrong in its selection process.
shyju
(Querist) 06 May 2017
Thank you sir, In my case present employer denied my pay protection request by siting its only available for candidate who have attended personal interview as per Om.12/1/96-Pay -I dated 10/7/98.My recruitment was direct recruitment involving open competitive exam online.But there is one recenf dopt om F.No. 39020/09/2015 Estt. B stating that discontinuation of interview at lower level. I belongs to the Group B , non gazetted category and that order will applicable in my case but date of issue of that order later to my joining date at present employer. So this seems little difficult to challenge in court as per your previous reply, then Can I try to stick on to prove I have followed the guidelines of technical resignation hence I am eligle to get benefits mentioned in om no. 28020/1/2010 Estt.(C) dated 17/08/2016. Please help me to take a final decision in this matter.
Guest
(Expert) 06 May 2017
Your main concern is pay protection, not the selection method. There are plenty of DOPT letters with reference to which you can exert for your claim. You may stick to prove that you have followed the guidelines of technical resignation to be eligible for pay protection.
Order on discontinuation of interview cannot be made applicable with retrospective effect. The date of effect is the date of issue of the order.
shyju
(Querist) 06 May 2017
Thank you sir ur timely reply and guidance. I will do follow ur opinion .
Guest
(Expert) 06 May 2017
You are welcome.
krishna mohan
(Expert) 08 May 2017
Thanks Mr. Jeevan Patil in agreeing with me.
I would like to add based on further information provided by the queriest, since NOC is issued and new employer considered the basis of selection, you can request through a representation letter if not resolved with the cited DOPT order you are relying on. If not positive, give a representation to the Grievance Officer who will try to resolve as per rules. Yes you are right no interview for lower level posts. But that is open for new entrants only based on competitive examination and its results there of. CAT should be the last resort if you find you are losing heavily by engaging an able legal expert on service matters of your area.
shyju
(Querist) 08 May 2017
Thank you Krishna mohan sir for your advice. I have already communicated our grievance officer and got same reply only I got. I also filed a complaint at public grievance portal and from their order i have sent my documents to concerned central ministry office also, but they were not replied. So last one year I am trying in various ways, then only decided to go to C.A.T. Sir if u can suggest any other option, I am ready to try.
