Pay protection
Arindam Bhaumik
(Querist) 15 October 2013
This query is : Resolved
I have joined a autonomous institute of the Government of India as a Group A officer by recruitment through selection by UPSC and which follows FR & SR rules, GOI, in matters of fixation of pay.The present scale of pay is 15600-39100 with GP 5400.Prior to joining this organisation, I was employed with another autonomous body of the GOI, in scale of pay 15600-39100 with GP 6600.My last drawn pay in pay band was Rs.22730, GP Rs6600, DA Rs.23464 along with other allowances,gross salary being Rs.67353.00. I have now applied for protection of pay in my present org. under DOP&T's O.M. No.12/1/96-Estt. (Pay I) dated 10.7.1998,No.1213/2009-Pay-I dated 30th March,2010 since my present employer had stated that pay will be fixed as per GOI FR&SR rules.I had submitted technical resignation for getting relieved to join my present post.
May the experts provide their valuable opinion on the admissibility of pay protection under the said OMs and if the matter is kept in abeyance for a long period of time (say a year)without passing any order in the context of my appeal, what should be the recourse available to me.
Sudhir Kumar, Advocate
(Expert) 16 October 2013
you have voluntarily joined a lower post and your pay will have to be fixed in the same manner if a person is reverted to lower post.
Dr J C Vashista
(Expert) 16 October 2013
The phonomenum of pay protection is to give minimum of the scale an employee was getting in previous employment. Since you have voluntarily opted for a lower GP,it is presumed that you will not claim higher scale
P. Venu
(Expert) 16 October 2013
The queriest is entitled for pay protection; however, grade pay would be the that of the new post.
If decision on request for pay fixation rejected or delayed, the grievance could be taken up with the CAT or other competent forum.
R.K Nanda
(Expert) 16 October 2013
nothing to add more.
Sudhir Kumar, Advocate
(Expert) 16 October 2013
yes he is entitled to pay protection assuming his entire service to be in lower grade which he now joined (not exact pay he is drawing) as this movement is not in public interest as he has joined a lower post and discharging lesser responsibility for Govt.
Arindam Bhaumik
(Querist) 16 October 2013
I am mentioning the relevant OM below under which I have sought the said pay protection for the information of the experts.
No.1213/2009-Pay-I
Government of India
Department of Personnel & Training
Estt (Pay-I) Section.
*****
New Delhi dated the 30Th March, 2010
OFFICE MEMORANDUM
Subject: Guidelines for fixation of pay of candidates working in Public Sector Undertakings etc., recommended for appointment by the Commission by the method of recruitment by selection – regarding.
Reference is invited to this Department’s OMs No. 1211/88-Pay-I dated 7.8.89 and 1211196-Pay-I dated 10.7.98, whereby guidelines for fixation of pay of candidates working in Public Sector Undertakings etc., recommended for appointment by the Commission by the method of recruitment by selection through interview only, were issued.
2. Subsequent to the implementation of the recommendations ofthe 6th CPC and the issue of CCS(RP) Rules 2008, the system of Running PayBands and Grade Pays has been introduced. Accordingly, in partial modification of this Department’s OM dated 7.8.89 and 10.7.98 referred toabove, the method of pay fixation in respect of those appointed on or after1.1.2006 will be as under:
“In case of candidates working in Public Sector Undertakings, Universities, Semi-Government Institutions or Autonomous Bodies, who are appointed as direct recruits on or after 1.1.2006 on selection through interview by a properly constituted agency including Departmental Authorities making recruitment directly, their initial pay may be fixed by granting them the Grade Pay attached to the post. Further, their pay in the Pay Band may be fixed at a stage so that the pay in the Pay Band +Grade Pay and DA as admissible in the government, protects the pay +DA already being drawn by them in their parent organisations. The pay in the Pay Band fixed under this formulation will not be fixed at a stage lower than Entry Pay in the Revised Pay Structure (corresponding to the Grade Pay applicable to the post) for direct recruits on or after 1.1.2006 as notified vide Section II, Part A of First Schedule to CCS(RP) Rules, 2008. The pay in the Pay Band fixed under this formulation will not exceed Rs. 67000, the maximum of the Pay Band PB-4.”
3. The conditions for admissibility of pay protection shall be the same as stipulated in this Department’s OMs dated 7.8.89 and 10.7.98 referred to above.
4. In so far as persons serving in the India Audit and Accounts Department are concerned, these orders are issued with the concurrence of the Comptroller and Auditor General of India.
5. These orders will be applicable w.e.f. 1.1.2006
(Rita Mather)
Director (Pay)
