The repatriation of the employee was done on his own request and hence it will be treated as such.
In case the employee goes toba lower post of his own volition....Band pay of higher post and grade pay of lower post shall be granted to him.
Regards
Pay protection on repatriation to parent department under Lien period
A Govt. Servant was holding a post on regular basis in lower Grade Pay gave Technical Resignation and joins a post on regular basis in higher Grade Pay holding Lien period of Three years on Lower grade pay post. After completion of probation period of two years and clearing Departmental Confirmation examination in Higher GP post, he/she requested for repatriation from higher GP post to his post in Lower grade, on which he held Lien period of Three years. Consequently, he/she gave Technical Resignation from the Higher GP post and Joins Lower GP post repatriating to his/her parent cadre. Considering the fact that both higher GP post and Lower GP post falls under same Ministry of Central Government kindly provide below mentioned information:- 1. Whether the repatriation of the Govt. Servant in this case may be treated as on request transfer from Higher GP to Lower GP under FR 15(a)? If not, Why Not? 2. Whether the last pay drawn by the Govt Servant in the Higher GP post will be protected under FR-22 or any other extant Rule? if not, why not?
Asked 6 years ago in Labour
10 Answers
1. It will not be transfer but a joining through technical resignation.
2. Yes it will end protected if the scale of present job is the identical and not less.
Dear Client,
Your case will fall under FR 15(a) due to holding a post on regular basis and If the maximum of the pay scale of the lower post is less than the pay drawn by you in the higher post, your pay may be restricted to the maximum under FR 22(1 )(a)(3).
The answer to your both the questions is Yes because this will be treated as transfer on request but the employee concern can't be put on loss.
Sir Is there any case law pertaining to same with similar situation or if there is any person whose pay has been fixed after giving pay benefit of higher scale. If yes please provide me the details of the same. I shall be highly thankful for this as my dept. is denying me the benefit of pay protection .
Asked 6 years ago
You don't need a case law it's a logical Interpretation and as per the service rules
Union Public service commission V/S Dr. Jamun Pd 2008 (11) SCC
That will require some study.
The fundamental rules specifically state the law. You should give a representation to your department stating the same and if they dont agree then file an OA in the CAT.
Regards
A Government employee's lien on a post shall stand terminated on his acquiring
a lien on a permanent post (whether under the Central Government or a State
Government) outside the cadre on which he is borne.
No lien shall be retained:
(a) where a Government servant has proceeded on immediate absorption
basis to a post or service outside his service/ cadre/ post in the
Government from the date of absorption; and
(b) on foreign service/ deputation beyond the maximum limit admissible
under the orders of the Government issued from time to time.
The lien of a Government servant, who is not performing the duties of the post
to which the lien pertains, can be transferred to another post in the same cadre
subject to the provisions of Fundamental Rule 15.
- As per the information mentioned in the present query, makes it clear that your department has been denying you something which has been confirmed by the department as per the law of central notification.
- Once you have been shifted to the lower grade, but on request of the department not voluntarily then they can’t deny the benefits which should be given to you.
- Sir, you should write a legal representation to them and wait for sometime for their reply.
- Thereafter, you may have to file a Writ of Mandamus under article 226 of our Constitution before the Hon’blr High seeking relief as sought above in the query.
- You can contact me through Kaanoon and fix a meeting in my office for discussing the issue and it’s outcome if happen to move to court.