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Neeraj (adste)     01 March 2013

Pay protection

Sir, I Joined the Indian Railways as Group A officer through Engineering services Examination conducted by UPSC after technical resignation from PSU i.e Bharat Heavy Electricals Limited after serving 8 years in BHEL. My question is that whether i will get pay protection as i switched from PSU to Central Government.

 



Learning

 7 Replies

Sudhir Kumar, Advocate (Advocate)     02 March 2013

in such cases generally UPSC makes and order.

Ajit Singh Cheema (practising Advocate)     02 March 2013

Normally the Government of India donot allow pay protection. However you should have got clarification before joining.The government normally stick to the grade and pay as mentioned in the advertisement.

shanmugam (Admin Manager)     04 March 2013

Sir,

   Not possible. You have not informed the date of Joining  and leaving  in  the old  Station. And also not informed whter any GPF/EPF were deducted from your salary.

Neeraj (adste)     05 March 2013

I have joined on 13-12-10 and in indian railways no epf is being deducted as here is New pension scheme.

 

Also Delhi High cout had given the order to provide Pay protection even a person is switching job from PSU to central goverment. as follows:-

In these circumstances, we hold that the distinction sought to be drawn between candidates selected from non government bodies through interview and those selected through open competitive examination is sans rationale justification. Protecting the pay of one and not protecting the pay of the other set of candidates is completely arbitrary and illogical. The purpose behind grant of pay protection was to draw talent from organisations like PSUs. The best talent is drawn through the Civil Services Examination.  Emcouraging employees of PSUs to sit for such examination which is highly competitive is in line with the purpose behind the OM of 1989 of attracting the best talent. Even assuming that for the purposes of pay protection, the distinction between selection through interview and selection through open competitive examination does hold a rational nexus, the Civil Services Examination, through which the petitioner has been selected also comprises a comprehensive interview. Therefore denial of pay protection benefit to the petitioner is unjustified and illegal.16. We are informed that the petitioner's pay scale as on 9.6.1999 in VSNL would be in the scale of Rs.

13,350 " 18250, by virtue of revision in pay scale given effect to by VSNL vide office order dated 6.10.2000 w.e.f. 1.1.1997.

17. Therefore in view of the foregoing discussions , we set aside orders dated 28.11.2003, 12.8.2003 as well

as letters dated 9.7.2002 and 7.8.2002 and allow the writ petition holding petitioner eligible for pay protection.

The writ petition stands allowed in the above terms.

ASHISH NIJHAWAN (manager)     12 March 2013

Dear Sir,

I am an exservicemen retired from Indian Navy in the Pay Band of PB2.My last basic at the time of retirement was-

B.P-12730/-

GP-4200/-

'X' Gp Pay-1400/-

MSP-2000/-

I was recruited in Indian Navy under Direct Entry Diploma Entry(DEDH) entry in Feb 2000.The initial engangement for this entry was 10 years (Non-Pensionable Service),Thus,it was a special entry unlike in Army/Airforce in PBOR's where Airmrn/Jawans are recruited for a minimum of 20/15 years with pensionable service.I retired in the month of Feb 2010.Relevant to mention that my call up service was 03 years i.e  upto Feb 2013.

After retirement I applied through SSC (Northern Region) in DGAQA,Min of Defence for the post of Scientific Assistant for which the last date of applying was 24th May 2010.IThe interview was conducted in the month of nOV 2011.The result was declared in the month of Jan 2012 and I finally joined in the month of July 2012 in mynew deptt.

I am initially fixed in the pay band of 9300-34800,PB2 with Initial basic of 9300

My question based on the above is-

a) Am I eligible for pay protection?

b) Do I need to return Gratuty/leave encashment from my previous deptt for pay protection?

c) Is a gap between two services a constraint in getting that?

 

 

 

 

babuli0000 (CA)     28 April 2013

 Neeraj,

U can see the GoI order  about pay protection

 

 

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)

amit (manager)     12 August 2014

Sir, I am working with Hindustan Petroleum Corporation Limited (HPCL) a public sector company. I am selected to central government through UPSC c via written exam and interview in department of Industrial Promotion and Policy under pay band of 15600-39100 with grade pay of 5400.  In HPCL my pay scale is 29100-54500 .

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

Regards


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