Pay protection when joined from sbi to central excise department
JVENKAT
(Querist) 04 March 2016
This query is : Resolved
Subject : Pay Protection when joined from SBI to Central Excise Department
Message :
Sir, I joined as Probationary Officer in SBI in 2011 and worked there till April,2015 and resignedas Deputy Manager after i got appointed as Inspector in Central Excise and Customs. I gave 3 months notice in SBI before my resignation and informed in my resignation letter regarding my next posting as Inspector in Central Excise.Subsequently I was relieved there and joined as Inspector In CentralExcise. After joining here I came to know that Pay Protection provision is available those who came from PSU and State Government. I applied for the same and submitted all the required documents. Our Department got certified Copies of the same documents from my previous working Organisation, i.e SBI. Commissioner of our Department sanctioned the pay protection and the payment of Arrears bill was sent to PAO office. But the PAO officials asked to enclose recommendation letter from Staff Selection Commission or Cadre Controlling Authority of our Department with a note in my Appointment letter that I am eligible for pay protection. They also asked me whether I applied for the post through proper channel. When I was working in SBI, I didn't inform while applying for the post. However when I was appearing for interview conducted by Staff election Commission after Exam, I informed in Biodata farm given by SSC that I was working in SBI as Probationary Officer and given all the salary details as asked for. Further, when I submitted my resignation in SBI, they asked me whether I was applied it through proper channel. I informed that since i joined newly in SBI and was not aware of the service rules and requested to condone and accept my resignation. They condoned and accepted my resignation and gave me proper relieve certificate also and while joining in Central Excise also I informed about my previous job in SBI. In view of the above I request you to kindly advise me whether I am eligible for Pay Protection or Not and request you to advice me in this matter.Please do the needful sir.....Thank you Very Much for your Valuable Services Sir....
R.K Nanda
(Expert) 07 March 2016
consult local lawyer.
krishna mohan
(Expert) 07 March 2016
When you apply through proper channel, your original application is forwarded. But for selection through UPSC you may check with your current employer. In the conclusion you have indicated that you have asked SBI to condone and they have condoned the process of through proper channel.You provide details/clarification based on facts (or) consult a lawyer specialized in service matters of your region for right advise including giving response at this stage.
JVENKAT
(Querist) 08 March 2016
Thank you Mr. RK Sir and Mr.Mohan Sir.
kavksatyanarayana
(Expert) 08 March 2016
No. pay protection will not be entertained if bank (SBI) employee selected in any state/central government.
JVENKAT
(Querist) 09 March 2016
Mr.Satya Narayana Garu plz go through Dopt Circulars. It has been available since 1989 sir.
Guest
(Expert) 09 March 2016
Mr. Venkat,
I have some doubt in truthfulness of your problem. However, even if true, your advice to Mr. Satyanarayan is irrelevant, as he is right in his advice. However, the need is for you to go through the the DOPT circulars properly. Had you even applied through proper channel, even then you were not eligible for the pay protection for going to a post of lower responsibility.
JVENKAT
(Querist) 09 March 2016
Respected Dhingra sir,
Thank you very much for your reply. could you please tell me in what aspect you are doubting the truthfulness of my problem sir. From my end I haven't hide anything while sending my query sir.
I dont mean to advice Mr.Satya Narayana garu sir.Its just an information only. However if i couldn't convey my intention to him properly and hurt any body including Sri.Satya Narayana Garu, i am extremely sorry for that.
As far as my application through proper channel is concerned I have already mentioned in my query that I had not initimated to my parent department while applying to SSC, however our parent department asked me while i gave my 3 months notice for resignation mentioning my Selection in Central Excise, they asked me whether i applied through proper channel. Since I newly joined SBI while applying for that I was not aware of the service rules and same was informed them and requested to condone non intimating the department while applying and accept my resignation. My parent organisation considered my request and accepted my resignation and gave proper relieve certificate also.
May i know the circular number regarding non eligibility for pay protection when joined to lower responsibility post sir.I haven't found it in our service rules book and fundamental rules book sir. Once again Thank you very much for your kind attention to my query sir. Please guide me sir.
Guest
(Expert) 10 March 2016
Mr. Venkat,
So far as question of doubt is concerned, I have reason to believe that yours is a query of academic nature only, not a real problem, as on one hand you did not apply through proper channel and on the contrary you refer DOPT circulars for claim of pay protection. Had you even applied through proper channel, your department would not have rejected your request to forward your application for the lower post.
Now your question, "may i know the circular number regarding non eligibility for pay protection when joined to lower responsibility post," is quite irrelevant and reveals your smartness to find reference to solve your academic problem by quoting that. When your case does not fall within the ambit of application through proper channel, where the question arises to protect your pay on normal resignation from service, what to say of question of higher or lower post.
Secondly, when you can advice others to read DOPT circulars, you must also have read all those circulars. If read, and found that your pay can be protected even on going to lower post, you may point out about that in support of your contention. If not read, better read them thoroughly and you would definitely find answer to your question. For your information, I don't prefer to start tutorials for the students, who try to become smart to let down the experts, just to solve their aademic problems.
JVENKAT
(Querist) 10 March 2016
Respected Dhingra Sir,
I am sorry to differ with you. You may have experiences with others asking their academic doubts by creating imaginary situation. In the same way you are treating me in that category sir. I am not such kind of personality sir. I can produce you on the same platform each and every document which i have submitted in my present department. However I am very sorry to say that I am totally disappointed with your illusions sir. What is the problem to ask directly if it is an academic problem sir. As far as i am concerned I have no problem to ask directly if it is my academic Query sir. Most Importantly I would like to mention that I have lot of respect to all the experts here who are spending their valuable time and energy here with service motto sir.I don't have the age equal to many experts professional experience here including you sir. You have such vast experience sir. What eligibility do i have to let down people like you who are most efficient and helpful to many people? I never even have such thoughts sir. Any how i am leaving this issue here sir. Thank you once again for spending your valuable time for me.
Guest
(Expert) 10 March 2016
Mr. Venkat,
It is your pleasure if you want to leave the issue here. When you were not sure about any such specific DOPT circular, it was not right on your part to advise Shri Satyanarayana to go through Dopt Circulars issued since the year 1989. The question arises, what for he should waste his precious time to go through all the Dopt Circulars issued during all these 17 years, just to solve your riddle? If you tried to prove him wrong, you could well have quoted the very specific single circular to be gone through by him, not all those issued issued during the last 17 years.
And now you have tried to differ with me just to justify your stand. Is not it strange, when I asked you to quote a specific circular, you preferred only to say that you differ with me instead of quoting any circular that may support of your contention?
Guest
(Expert) 31 July 2017
Well Advised by Senior Mr.P.S.Dhingrs
