• Pay protection

Sir I am currently working in postal department as a postal assistant , since 10.01.2006 . Now through open direct recruitment examination , I have been selected for the post of assistant in isro . The two posts are same in every aspect of the pay i,e; 2 posts are of same pay scale and same grade pay . I,e; I have approximately 11years of continuous service in department of posts , and now I am going to join department of space ( isro ) .so in this scenario , will my pay protected ? Why I am anxious is , now my basic in current postal job is 39200. And in isro , if my pay is not protected , my basic goes down directly to the starting point ,i,e; 25500, which is a huge loss for me . So kindly help me sir .
Asked 7 years ago in Labour

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7 Answers

Hi

Since you have made an application through open direct recruitment examination and also after taking no objection certificate, you will have pay protection. Since ISRO comes under department of space, Central Civil Service Rules will be applicable and Office circulars issued by Department of Personnel and training will be the guiding factor.

Please refer to No. 28020/1/2010-Estt.(C), Government of India, Ministry of Personnel, Public Grievances & Pensions, (Department of Personnel & Training), North Block, New Delhi, Dated the 8 April , 2016

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 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.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

1) In your case here you are applying as per your wish so its all of your sole concern to join or not in the ISRO Department.

2) When you are applying in that particular department you are knowing the Pay scale of that post.

3) If it where departmental transfer from than you have rights to ask for transfer conditions as per your current department pay scale, but here its as per your wish.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

In view of the decision of Hon'ble Supreme Court in the matter of K.K.Tiwari V/S Kendriya Vidyalaya Sangthan and another decided on 12.11.2013 you are entitled for the pay protection and benefit of service in postal department if there is provision in ISRO for the purpose.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Dear client,

Pay protection available on joining at same or upper pay scale post. You have to serve technical resignation to cover under pay protection.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Since this is a central government employment and the ISRO is also a central government organisation, you may apply for technical resignation wherein your past service and pay may be protected.

you may clarify the eligibility for such a situation, and then apply for NOC based on the technical resignation.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

Sir I have applied through proper channel by taking no objection certificate from the current employer , i,e; department of posts. And I have got a proper relieving order from my current employer also.

Then have you tried for technical resignation?

If a permanent employee is selected on the basis of his application for posts in other

Central Government Department/Offices/ State Government, his lien may be retained in the parent department for a period of 2 years. If the employee concerned is not permanently absorbed within a period of 2 years from the date of his appointment in the new post, he should immediately on expiry of the period of 2 years either resign from the service or revert to his parent cadre. An undertaking to abide by this condition may be taken from him at the time of forwarding of his application to other departments/offices.

A resignation from the service or post entails forfeiture of entire past qualifying service.

The exception is technical resignation which does not result in forfeiture of past service.

In cases where a Government servant applied for post in the same or the other

Departments through proper channel and on selection, is required to resign the previous posts for administrative reasons, the benefit of past service, if otherwise admissible under rules, is given treating the resignation as a "Technical Formality". Resignation submitted for other reasons or if competent authority has not allowed him to forward his application through proper channel is a resignation and benefit of past service will not be admissible.

This benefit is also admissible to Government servants who applied for posts in same or other Departments before joining 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:-

the Government servant at the time of joining 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 and that his resignation may be treated a 'technical

resignation'.

i) 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.

{OM No. 13/24/92-Estt.(Pay-I) dated 22.01.19931

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

That is , my current employer (department of posts) is ready to accept the technical resignation.

A permanent Government servant appointed in another Central Government

Department/Office has to resign from his parent department unless he reverts to that department within a period of 2 years, or 3 years in exceptional cases. Such resignations shall not be deemed to be resignation for the purpose of pension, if admissible. As a consequence, continuity of service benefits should be allowed to such employees in the matter of pension, leave, LTC, etc. as admissible under the rules.

. In cases where Government servants, who had originally joined government service prior to 01.01.2004, apply for posts in the same or other departments and on selection they are asked to tender technical resignation, the past services are counted towards pension under CCS (Pension) Rules, 1972.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

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