ASHIWANI KUMAR (ASST. ENGINEER) 10 February 2013

Pay protection

Dear Sir,

Myself Ashiwani recentely Join in BHEL as assistant engineer in the basic pay of 12300/- after resigned from NHPC Ltd.(agovernment of India enterprise-PSU) throught proper channel. My basic pay in NHPC Ltd. was 24160/-at the time of resign. Now I want to know that can i get basic protection from my present employeer. Because i have recuruited throught direct entry not lateral entry. Kindly clarefy with legal point or as per central government rule whether i am eligible for pay protection so that i can forward my case for pay protection..

Thanks and regards

Ashiwani kumar.

ashiwani.nhpc@yahoo.co.in

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7 Replies

Om Prakash Dhusia (HR assistant) 11 February 2013

There is very simple rule that if you were employed in any PSU and shifted to another then to get pay protection it is very much essential either your application was forwarded through yout past employer which means through proper channel or if not then they had issued you NOC to join in the new PSU.

babuli0000 (CA) 29 April 2013

Ashwini read this but look at DPE website I feel there r circulars on pay protection when some one changes between PSU

No. 121312009-Pay-I

Government of India

Department of Personnel & Training

Estt (Pay-I) Section. *****

New Delhi dated the 3oth 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. 1211188-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 Comn~ission by the

method of recruitment by selection through interview only, were issued.

2. Subsequent to the implementation of the recommendations of the 6Ih CPC and the issue

of CCS(RP) Rules 2008, the system of Running Pay Bands and Grade Pays has been

introduced. Accordingly, in partial modification of this Department's OM dated 7.8.89 and

10.7.98 referred to above, the method of pay fixation in respect of those appointed on or after

1.1.2006 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 ofganisations. 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 11, 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. t

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

6. Hindi version will follow.

(Rita Mathur)

Director (Pay)

babuli0000 (CA) 04 May 2013

DPE website.....as per provisions of pay protection in central PSU's,Department of public enterprises has not issued any circulars for employees below board level employees. For board level employees there are guilines. At the time of interview it should be ascertained from the employer about payprotection. also it should be ensured about payprotection in the appointment letter. if appointment letter is silent regarding pay protection we should writtenly seen clarification regarding payprotection from the employer.

many CPSU have the clause of pay protection in their service rules for the executives coming from other CPSU.DPE has openied that the pay protection will be as per respective managements of CPSU.

better approach the management diplomatically showing/enclosing the various payprotection policies of various CPSU(we get get payprotection policies by RTI act from CPSU concerned) also enclosing various financial liabilities on you due to reduction in basic pay by writtenly enclosing the periodic commitment of payments like houseloans and insurance policies etc. and try to approach GM rank and above officials regarding the issue.

after your complete efforts,rest god will take care.

SHBIU TK (TRAINEE) 11 December 2013

Dear Sirs,

My name is SHIBU. I needed some advise regarding pay protection. Brief history of my Jobs. I was recruited in IOCL in nov 2007 and left in Jan 2009(BASIC PAY 25650 in Jan 2009) to join Indian Postal Service(BASIC PAY 21000 at that time) where I served for period Jan to Aug 2009, left to join IPS where I stayed from Aug 2009 to Dec 2012. I joined IAS oin Dec 2012 and still serving. I had no idea about pay protection from CPSUs to GoI and came to know about this only this month after reading Swamy's Hand Book. I want to know can I get my pay protection from Deptt of Post and continue it into IPS and IAS.

Thanks and Regards

amit (manager) 11 August 2014

Dear Sir I am working with Hindustan Petroleum Corporation Limited (HPCL) a public limited company. I am selected to central government through UPSC class 1 gazatted officer pay Band 1 (15600-39100, grade pay 5400) via written exam and interview. In HPCL my payscale is 29100-54500 .

Please guide me how can get the pay protection while moving from HPCL to Central government.

JASWINDER SINGH (HINDI MASTER) 20 November 2014

dear sir,

i was working as a primary teacher. my joining date is 28-12-2001. and i worked as a primary teacher till 5-03-2013. in between from 1-11-2006 i avail 4 year acp and in 2010 i avail 9 year acp. and on 1-12-2012 my basic pay is 14400+4200 grade pay. but by a court case i am promoted from 19-04-2006 as a hindi master and i joined on 6-03-2013 as a hindi master but department fixes my notional pay from 19-04-2006 to 5-03-2013. with no acp. with basic pay of 14010+5000 grade pay. when i asked for 4 years acp which is due in master cadre in 2010. they refused and said for the previous 4 year and 9 year acp which are falling in that period. they said for returning of previous acp's first.

my first question is this can it possible because i avail these acp's in previous cadre/junior cadre.and my pay fixation is notional with no benefits of these acp's.

second question is that can it possible that my pay is protected because in previous cadre i was receiving 14400 basic on 1-12-2012 and i joined on 6-03-13 and received 14010 as basic pay. can 14400 be protected.

because after promotion i have no financially benifit as well as loss is seen. as well as the department is ready to recovery of previous acp's.

financially i am in loss from both sided

plz tell me what can i do and if there is pay protection rule plz clearify me and help me.

shyju 29 January 2016

dear sir, i joined in nimhans hospital, bangalore as a staff nurse after getting technical resignation from AIIMS new delhi , both are same post having same grade pay. I applied and joined through proper channel , but from nimhans hospital , they(selection committee) refused the pay protection and leave benefits as per 6th cpc, and only granted the nps as per 6cpc, but which is mandatory to all. So i would like to get your suggestion to move forward to avail this existing benefits, i have all the copies of my application and joining official letters.

thanking you

shyju c

29/01/2016