I am working in income tax department on grade pay 4200 (6th CPC) since December 2015. I have completed my probation and been confirmed in the department. I have been selected in central excise on grade pay 4600. I had taken permission from department for appearing in central excise exam. Now if i join central excise department and takes a lien in Income Tax department before resigning, will i be given pay protection if i join income tax department back after 6 months i.e how will my salary be fixed? The problem here is 1. when i will come back to Income tax department i will be joining on Lower post. 2. i have to come back to Income tax department within 2 years compulsorily as lien is provided for 2 years only. 2. While resigning from central excise and joining back income tax department, i will be on probation (2 years probation period) in central excise department.
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Firslty, you need to understand one thing as what are the provisions as to the rejoining any department.
Secondly, though you may be on probation in that job, but may only be again taken back if comply with the rules of the said department.
Thirdly, there may be conditions as to again serve the probation period.
this is very generic answer..and there is no provisions of individual department.. provisions are for all the departments of the central govt. i expected you to answer that for me.it was nowhere close to answer.. this is like saying read the rules and get the answer. if i had to read all the rules why would i raise any query highly disappointed
hello,
you are in the IT department. you have been selected in the Excise department. now pay protection forms a part of the central rules and it is the discretionary power of the executive and an executive order is necessary in order to avail of the benefit of pay protection. pay protection is often given by means of a personal pay.
at the time of leaving the IT department, you should take written guarantees from the department that you would get pay protection in spite of being on a lower post when you return by virtue of you working on a higher post before leaving the organization. if they do so, you are entitled to the same when you return to the IT department.
regards
Dear Client,
Pay protection is not available to lower pay grade and as per provisions of Fundamental Rule FR15 (a) it's NOT permissible to take up appointment in a lower post carrying less pay than the pay of the post on which he holds a lien.”
In 6 months, lien on post shall not confer, so, reverse pay protection not available and even on completion of probation, not on lower pay grade. T.
As, i said, no pay protection on joining lower pay grade. Same is upheld by Hon`ble SC in --
COMPTROLLER & AUDITOR GENERAL OF INDIA & ORS V. FARID SATTAR [2000] RD-SC 206 (7 April 2000)
SUPREME COURT
V.N.Khare, Doraiswamy Raju
