• Pay protection ex-servicemen joined as SC category

Sir 
 I am retired from Indian Air Force and ibps qualified as sc_Exservicemen and called for interview as ex servicemen and sc. 
Where as both interview faced . Got selected as sc category and joined in Odisha Grants Bank on 11 July 2013. Till date I am not getting pay protection. This is my first chance
Kindly do fever to get pay protection.
Thanks
Asked 7 years ago in Civil Law

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7 Answers

What kind of pay protection you want?

The matter is not very clear from your post.

If you are an SC categiry Ex Serviceman and got bank job through IBPS then salary will be as per the rules of IBPS. check the notification/advertisement which was related to the post you had applied, given exam, interview and got the job.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

As per the instructions issued by Department of Personnel & Training from time to time, no protection of the pay held by the Ex-Servicemen (ESM) prior to retirement is given and he is allowed to draw pay only in the prescribed pay scale / pay structure of the post in which he is re-employed.

(c)Instructions / guidelines in this regard are issued from time to time by the respective nodal administrative ministries and it is the responsibility of the respective organizations to implement the same. Instructions / guidelines regarding pay rules of the State Government and other autonomous bodies under the State Governments are issued by the respective State Governments.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

File a Complaint to the relevant department. If there is no response you need to file writ petition.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You can very well get pay protection, i.e., you are eligible for re fixation of pay as per the las pay drawn in the previous organisation.

In MAR 27 1996 (SC) O.K. Udayasankaran and Others Vs. Union of India and Others

Court : Supreme Court of India, the following are some excerpts:

Reported in : 1996IIIAD(SC)623; AIR1996SC1901; [1996(73)FLR1292]; JT1996(4)SC420; 1996LabIC1693; (1996)IILLJ774SC; 1996(3)SCALE383; (1996)8SCC271; [1996]3SCR955; (1996)4UPLBEC2867

..... in life insurance corporation on the date of his discharge is thus determined and on the basis of such a salary, the salary which the ex-serviceman will get on the actual date of his re-employment by life insurance corporation is notionally worked out. the figure so arrived at is the ..... been given to them for re-employment in various government and public sector undertakings including the life insurance corporation.6. under paragraph 3.5 when the ex-serviceman is re-employed by the life insurance corporation he is normally fitted at the minimum of the scale for the post to which he is appointed. ..... the date of discharge. corresponding fitment may then be given in the revised scale, where necessary applicable at the time of re-employment of the ex-serviceman.example :....the fitment is to be done notionally and actual benefit may be given from 1.1.1988 as shown in para 4 below.if the ..... discharge certificate/last pay certificate of the individual employees....3.6 : the component of pension will not be considered for pay fixation.3.7 : if the ex-serviceman was re-employed within a period not exceeding 3 years from the date of discharge from the defence services 'x' (last drawn salary in defence services ..... fixation. the relevant paragraphs of these instructions are set out below :3. pay fixation on re-employment:3.1 : basic salary of a re-employed ex-serviceman shall be fitted at the minimum of the scale in which he is appointed. however, if the gross salary as per 'y' below at the minimum .....

and in another case

APR 2 1996 (SC) Mills Douglas Michael and Others Vs. Union of India and Others

Court : Supreme Court of India

Reported in : 1996IIIAD(SC)613; AIR1996SC1905; [1996(73)FLR1319]; JT1996(4)SC189; 1996(3)SCALE393; (1996)8SCC666; [1996]3SCR1077; (1996)4UPLBEC2872

..... on completion of 15 years of defence service. the tribunal at ernakulam bench, therefore, wholly erred in law in extending the period by which an ex-serviceman could completed 15 years of service and become eligible for appointment to the post of inspector of central excise, income-tax etc.pursuant to the advertisement in ..... . in view of our conclusion that the cut of date 1.8.92 has no application to the acquisition to deemed qualification of a graduate for ex-serviceman on completion of 15 years of service in the armed forces, and applying the ratio in rekha cliatutvedi's case (supra) it must be held ..... must pass the degree before 1.8.92. the aforesaid cut-of date has no application for acquiring deemed qualification of a graduate in case of an ex-serviceman, on completion of 15 years of service in the armed forces. in the case of rekha chatiirvedi v. university of rajasthan and ors. : (1993) ..... that arises for consideration is whether the cut of date indicated in the first part of paragraph 10 would also apply to the case of an ex-serviceman who is not a graduate but is deemed to be graduate on completion of 15 years of service in the armed forces in accordance with sub- ..... of rule 6 of the rules as well as note iii and the explanation thereto came to hold that under the advertisement in question under graduate ex-serviceman could acquire the deemed qualification of being a graduate within one year from the last date of the submission of application and the said conclusion is wholly .....

You may browse the above judgments besides some other judgments and seek justification and relief.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Client,

Kindly refer to your appointment letter which contains the terms & conditions including fixation of pay in present govt. service. Pay protection means protection of basic pay (pay in PB & GP) and not protection of gross salary ("Yield").

Counting of past service is sensu stricto related to the pensionary benefits and, does not always extend the benefits of protection of pay. It depends on the extant rules of the service concerned.

Approach Administrative Tribunal, for benefit of past service, if otherwise admissible under rules, may be given in your case. Also check if Transfer of Service Book from parent Department to present Department ?

Show Appointment latte and which service rules governs the present appotiment.

Next, complain to Ministry of Personnel, Public Grievances & Pensions

(Department of Personnel & Training)

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hi,

As per the policy in vogue, you should get pay protection. Please write an application and then file a case in the High Court.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Dear Sir,

The relevant ruels are found in the below given link.

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http://dopt.gov.in/sites/default/files/ch-23.pdf

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Further the following judgment is in your favor. You file a Writ Petition and get all the arrears

=======================================================================================

.

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Civil) No(s).9219/2010

(From the judgement and order dated 04/11/2009 in WA No.

386/2009 of The HIGH COURT OF KARNATAKA AT BANGALORE)

CANARA BANK Petitioner(s)

VERSUS

D.S. ANANDA THIRTHA Respondent(s)

(With appln(s) for PERMISSION TO PLACE ADDL. FACTS AND GROUNDS

and prayer for interim relief)

Date: 31/08/2010 This Petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE R.V. RAVEENDRAN

HON'BLE MR. JUSTICE H.L. GOKHALE

====================================================================================

Government of India Circular dated 28.1.1983 dealt

with the protection of total emoluments for ex-servicemen

re-employed in public sector banks. It clearly provided

that for the purpose of fixation of pay of ex-

servicemen re-employed in public sector banks, protection

was to be given to total emoluments, that is, pay plus

D.A.(instead of only pay) last drawn by the ex-servicemen

before his retirement from the Armed Forces. The said

circular dated 28.1.1983 also partially modified the then

existing guidelines. Para 2(i) therein related to ex-

servicemen absorbed in Bank's service prior to 1.09.1978

and on facts, the said para 2(i) was not relevant to the

issue raised by the respondent.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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