Pay protection
dhirender sharma
(Querist) 16 March 2012
This query is : Resolved
Dear Sir
I working in the capacity of Assistant Audit Officer in Indian Audit and Accounts Department controlled by CAG of India. My current basic pay is Rs. 19270 including GP of 4800.
Recently I got selected through UPSC for a post in Ministry of Information and Broadcasting carrying GP of 4600. Now I have requested them to give me pay protection as I have already crossed the earlier pay.
Sir, you are requested to kindly help me out whether i can demand pay protection if yes under which rule of FR.. I badly need this sir…
D. K Sharma
Guest
(Expert) 16 March 2012
If you are direct recruit, as AAO, I hope FRSR Part-I was well included as a part of your foundation course and also the syllabus of your examination during your probation period. In that case your attention towards your training was very well anticipated.
Even if you are not a direct recruit to the post of AAO, your qualifying exam from lower cadre to the cadre of the AAO also would have contained the said FRSR, Pt-I, as part of the syllabus.
About pay protection, you have not mentioned what would be the pay scale of your new post after selection through UPSC and whether you applied through proper channel or not for the said post from your department.
Anyhow, you may better check and read the provisions of FR 22(I)(a)(2), if the new appointment does not involve duties & responsibilities of greater importance. You may also go through Government of India's Orders, etc., below FR 22.
dhirender sharma
(Querist) 16 March 2012
Thank you sir
In response to your reply, i present the following facts.
I am a direct recruit AAO.
The new post carries responsibility of greater importance like powers of a DDO with a scale of 9300-34800 GP 4600. I have qualified the FRSR examination . I am still on probation as i have to clear three more papers. My appointment as AAO is against a permamnent post.
Nadeem Qureshi
(Expert) 16 March 2012
Dear Mr. Sharma
as per My opinion you can bear a lawyer's fee. contact a lawyer and get advice in detail.
don't take otherwise
Sudhir Kumar, Advocate
(Expert) 16 March 2012
I agree with Nadeem. You better be in touch with service lawyere near your place on permanent basis. You are holding a post of AAO and the basic issues of pay protection is beyond your comprehension. What kind of service you will provide. You better study the Govt rules or keep paying laywers for each file you deal. don't take otherwise
venkatesh Rao
(Expert) 16 March 2012
THE QUESTION OF PAY AND SERVICE PROTECTION ARISES ONLY IF YOU HAD APPLIED FOR THE NEW POST UNDER INTIMATION AND THROUGH THE PREVIOUS appointing authority. i.e.AAG.
dhirender sharma
(Querist) 16 March 2012
Dear mr. RAO
I have applied for the post under intimation to my office.
The offer of appointment was received on 16 march 2012. Before applying to the new post i have intimated to My office and they issued a experience certificate to me as well.
I will be giving technical resignation to accept the offer of appointment.. Kindly suggest me henceforth.
V R SHROFF
(Expert) 17 March 2012
take action thru local advocate.
Guest
(Expert) 17 March 2012
Dear Dhirender,
I wonder, when you have read the FRSR and qualified the examination with the subjects dealt with in the FRSR, what could be the reason for not remembering the provisions of pay fixation, while an audit officer is expected to conduct audit in several Government organisations with reference to his knowledge about such rules. Moreover, as a DDO in the new organisation, you will also have the ensure observance of such rules. So, better refresh your knowledge on FR&SRs.
However, if your new post involves duties and responsibilities of greater importance and your resignation is treated as technical resignation, your pay can be fixed under FR 22(I)(a)(1) read with the provisions of FR 30.
