• Pay Protection in service

1. I was employed with a P.S.U (Govt. of India Enterprise, fully owned by the Government of India) for more than 20 years in a substantive grade, from where I applied in an Autonomous Body of the Central Government in 2013 through proper channel. 

2.After being interviewed in 2013 by an Interview Panel including Authorities from the Autonomous Body, I was selected as a ‘Direct Recruit’ in the Autonomous Body of the Central Government. 

3.Subsequently, I submitted ‘Technical Resignation’ in the PSU and after due acceptance, I joined the Autonomous Body in 2014 ‘with the benefits of Past service as admissible under rules’. During acceptance, I requested for Pay Protection to the Competent Authority.

4. After joining in the Autonomous Body, it was agreed by the Authority for transfer of benefits of my past service and accordingly, the GPF has already been transferred and other benefits like Leave Encashment, Gratuity & Pension amount transfer are also in process. However, my pay was fixed at the entry level for the new post.

5. When I noticed that even after 3 years, my Pay Protection issue is not being addressed, I wrote to the Authority again. Recently they have informed my that the request for pay Protection is rejected.

6.Since my pay was fixed at the minimum, I have been suffering huge financial loss because this should have been the fixation only if I were a fresh recruit in the Autonomous Body. Thus, by fixing my pay at the entry level, the benefit of my long past service in the PSU is totally being ignored, depriving me from the actual benefit of transfer of past service.

In view of the above, please let me know:

1.Whether I am eligible for Pay Protection in the Autonomous Body of the Central Government. 

2.After my request for Pay Protection during my acceptance of the new assignment in November 2013, I did not pursue the same and my next request was almost after 3 years after joining. Can this be an issue for not giving my Pay Protection?

Please provide me proper guidance on the issue.
Asked 4 years ago in Labour

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9 Answers

Dear Cleint,

As per Central Pay Protection rules --

A Government servant on joining time shall be regarded as on duty during that period and shall be entitled to be paid joining time pay equal to the pay which was drawn before relinquishment of charge in the old post. He will also be entitled to Dearness Allowance, if any, appropriate to the joining time pay

U r eligible,

Under what note, authority refused PP.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

"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".

As per your post, Recently they have informed you that the request for pay Protection is rejected. You can request them to let you know on which points, your pay protection was rejected.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Sir, yes you are eligible for pay protection. If the authorities do not grant you pay protection, you may approach the Court, which will grant you relief. Please call for more details.

Abhishek Dutt
Advocate, Kolkata
31 Answers
1 Consultation

4.0 on 5.0

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 of

the 6th 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 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.

Now above notification is for employment under DOPT now in case the rules of autonomous body has to be referred as they are self governing bodies, there might be a rule or policy with same effect.

further write a letter asking reason for not granting the pay protection the authority shall reply based on same further course can be decided there can be no wild guess, further time is no ground to deny the pay protection so persue the reason based on same the case can be contested and filed..

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. If you are eligible for the benefits of the past service then the pay protection i.e., to re-fix your salary on the basis of your last salary drawn from the previous employer and increments on it shall be the correct procedure.

2. This cannot be an excuse to reject your request for re-fixation of your salary.

What was the reason that was mentioned in the letter rejecting your request?

Was there any reference about the governing law for their rejection?

Have you made a representation in writing to the competent authority through proper channel about this?

If so, what was the reply?

Did you consult a lawyer to file a case before CAT for redressing your grievance and for relief and remedy?

You may follow the above procedures and then escalate the matter through a writ petition before high court.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

It depends on the your service rules. The rules has to be checked about the same. You can also file RTI for the same and get the information.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

1. You can file a Writ Petition before the High Court against the improper act of your new organisation by refusing to allow 'Pay Protection' to you.

2. However, your 3 years of slumber will certainly go against you unless you forward an acceptable ground for your waking up so late even when you are receiving lesser salary from your new employer.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Can an Autonomous Body under Govt. of India be considered as a Govt. of India Organization? Since my transfer of service is already approved, is it mandatory that Pay Protection also be allowed. Can an employee of an Autonomous Body move to CAT?

If all other aspects are being considered at par with the rules and regulations of government of India, more specifically when the transfer from GOI to his autonomous body is allowed and permitted as per regulations, the aspect of pay protection also can be enforced.

You can approach CAT with an OA on this, let them give their decision after which you can decide further course of action.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1. Pay protection is a right of an employee.

2. You should approach the High court as suggested in my earlier post since CAT will kill huge time.

3. Your late reaction will seriously go against you as informed in my earlier post unless you forward acceptable ground for your delayed action.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

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