I joined a central government organization (DRDO, ministry of defence) in July 2013 in grade pay 4200. In 2015 I had applied for a job in an AUTONOMOUS organization (CSIR-NISCAIR, under ministry of science & Technology) through proper channel and obtained No objection certificate for applying in NISCAIR for the same grade pay post (i.e 4200 grade pay). The written test for the same was conducted in October 2018 (after almost 3 years) and got offer of appointment in November 2018. But in September 2018 (one month before written exam & selection), I got promotion in DRDO to grade pay 4600 (higher grade pay). Now my queries are as---- 1.) Whether my resignation will be treated as technical resignation as I had applied through proper channel for the same post but now I am going from higher post to lower post. I got NOC while at the same grade pay but now considering moving from higher to lower grade pay. 2.) Whether I will receive pay protection in CSIR-NISCAIR which is an autonomous organisation, if yes, to what basic my pay will be protected as now the grade pay system has been discontinued and 7th CPC pay matrix has come into action. 3.) Specifically, Is the pay protected when moving from central government to autonomous body, specifically when moving from a higher post in the central government to a lower post in the autonomous body? 4.) What can I do formally or legally, if they do not protect my current basic but at some other basic (if pay protection is allowed) 5.) Please provide government orders/memorandum or any judgement for similar case for reference. Thanks in Advance!
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1. Yes.
2. Yes, by adjusting and giving annual increments in advance if required to do so.
3.No effect the question is to protect pay not the post.
4. Don't worry they have to protect if not move an application for the purpose and if need be challenge it.
5. Please go through citation R L Marwaah V/S Union of India and others decided by the Apex Court on 12.08.1987.
Dear Client,
Generally PP not available if join on low grande.Still possibility cannot be negated. Read
Yes it will be technical registration. Pay protection will be there. You need to file writ petition if they do any illegal acts.
Rest, you can contact me through Kaanoon for any further legal assistance in this issue, and I would try to find some good judgments on this aspect of pay protection.
1. As per the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17th June, 1965, the resignation is treated 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 from 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.
2. 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. Thus, if the pay fixed in the new post is less than his pay in the post he holds substantively, he will draw the presumptive pay of the post he holds substantively as defined in FR-9(24). 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, 2016. In case the Government servant re-joins his earlier posts, he will be entitled to increments for the period of his absence from the post.
3. See the above answer.
4. & 5 : See the answer given at No.2 above.
