• Pay protection under technical resignation under proabtion

Hello sir 
I was working cent. Govt. as Junior Statistical officer (gp-4200) in ministry of statistical and programming implementation from [deleted] to [deleted]. My basic was according to 7cpc- 36500.
After giving technical resignation I had joined Indian audit and accounts department comes under cent. Govt. 12.08.2016 as an auditor (gp-2800). Till date my pay had not been protected and pay fixation yet.
So tell me about my pay fixation
And any CAT judgements regarding this please provide the details.
Thanking you.
Asked 7 years ago in Civil Law

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4 Answers

Firslty, before going for the legal battle, I advice you to make some representation to all the concerned departments for your grievances.

Secondly, if they don’t react to them then think about going before the CAT.

Thirdly, this would make your case more strong as it shows that you have been approaching them but they have never been in the mood of entertaining your grievances.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

If your technical resignation was recognized by the new employer then he cannot refuse to refix your salary based on the last salary drawn commensurate to the present scale..

There are various circulars issue by DOPT in this regard.

You may consider legal options if necessary as further steps in this regard but before that exhaust the remedies available within.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

If you were allowed to resign and if it was technical resignation, then the probation period may be considered.

You may enquire about it with new employer for more clarity.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

You can write the same to your hod. If he is not giving you any written assurance you can go to HC under writ petition.

Prashant Nayak
Advocate, Mumbai
34538 Answers
249 Consultations

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