• Pay protection

Sir, 
Currently I am serving in Central Govt, with as of today, basic being Rs 71,300 carrying grade pay of 5400 (level 9). I had applied for Bihar Public service Commissiom (BPSC) examination through proper channel fulfilling all procedural formalities in our central govt office. Now, I have been declared to be successful for the post carrying grade pay of 5400 i.e. level 9 in the aforesaid BPSC exam.The new post carry higher responsibility and authority vis a vis the present one, however the initial total pay under new post of level 9 is Rs 53,000, which is substantially lower than previous basic of Rs 71, 300.
 Sir, In this context I want to know whether, I would be entitled to pay protection in the Bihar govt,or not if yes, then please provide the relevant details
Asked 4 years ago in Labour

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6 Answers

Hello,

You will be eligible for pay protection.

You may refer to the following G.O.:

http://documents.doptcirculars.nic.in/D2/D02est/28020_1_2010-Estt.C-08042016.pdf

Let me know if some further help or clarification is required.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

After Sixth Pay Commission, only the pay in the pay band is protected and the employee gets the grade pay of the post to which he is appointed after his resignation. Transfer of GPF on technical resignation would be governed by Rule 35 of the General Provident Fund (Central Services) Rules, 1960.

Technical Resignation

1. As per the Minis sv of Finance OM No. 3379-E.III (B)/65 dated the 17 thJune, 1965, the resignation is seated as a technical formality where a Government servant has applied through proper channel for a post in the same or some other Department, and is on selection, required to resign the previous post for administrative reasons. The resignation will be treated as technical resignation if these conditions are met, even if the Government servant has not mentioned the word "Technical" while submitting his resignation. The benefit of past service, if otherwise admissible under rules, may be given in such cases. Resignation in other cases including where competent authority has not allowed the Government servant to forward the application through proper channel will not be treated as a technical resignation and benefit of past service will not be admissible. Also, no question of benefit of a resignation being treated as a technical resignation arises in case of it being from a post held on ad hoc basis.

2. This benefit is also admissible to Government servants who have applied before joining the Government service and on that account the application was not routed through proper channel. The benefit of past service is allowed in such cases subject to the fulfilment of the following conditions:-

(i) the Government servant should intimate the details of such application immediately on their joining;

(ii) the Government servant at the time of resignation should specifically make a request, indicating that he is resigning to take up another appointment under Government/ Government organisation for which he applied before joining the Government service;

(iii) the authority accepting the resignation should satisfy itself that had the employee been in service on the date of application for the post mentioned by the employee, his application would have been forwarded through proper

channel.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

If the rules of your new place of posting provides "Pay Protection" then it should be allowed to you but I don't think there shall be any rule because you are going from Central Govt. to State Govt. by your own wish.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Dear,

you are eligible according to following link -

https://www.igecorner.com/fixation-of-pay-employees-seek-transfer-lower-post-under...

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

After Sixth Pay Commission, only the pay in the pay band is protected and the employee gets the grade pay of the post to which he is appointed after his resignation

In cases of appointment of a Government servant to another post in Government on

acceptance of technical resignation, the protection of pay is given in terms of the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17th June, 1965 read with provisions of FR 22- B. Past service rendered by such a Government servant is taken into account for reckoning of the minimum period for grant of annual increment in the new post/ service/ cadre in Government under the provisions of FR 26 read with Rule 10 of CCS (RP) Rules, 2008. Pay of the substantive post held by the Government servant is protected. After Sixth Pay Commission, only the pay in the pay band is protected and the employee gets the grade pay of the post to which he is appointed after his resignation.

As per the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17 th June, 1965,

the resignation is seated as a technical formality where a Government servant has

applied through proper channel for a post in the same or some other Department, and

is on selection, required to resign the previous post for administrative reasons. The

resignation will be treated as technical resignation if these conditions are met, even if

the Government servant has not mentioned the word "Technical" while submitting his

resignation. The benefit of past service, if otherwise admissible under rules, may be

given in such cases.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Dear Client,

Pay protection is denied in matter where in applicant joins at lower pay grade. In your case payment is low due to fresh joining but pay grade and level is same.

Pay protection available.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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