The pay protection is allowed before you join an organisation and a technical resignation is required which protects your pay. If you have tendered a technical resignation then you will have pay protection. You will get pay protection despite not finishing the probation period.

Regards 

Various cases referred before the high courts and supreme court seeking pay protection as n the present case were rejected or dismissed, one such case is CIVIL APPEAL NO. 5481 OF 2011(Supreme court) [Arising out of SLP (C) No. 8403 of 2009] Jagdish Parwani Vs. Union of India & Ors.

The technical resignation is submitted to the department head and the procedure slightly varies. Therefore inform the department they will forward your application and a decision would be taken upon and thence you can join.

Regards 

Dear Sir,

The following information may kindly be read.

Probation period is a period of engaging an employee to test his/her performance on the suitability of a position. If an employee’s performance is found to be unsatisfactory, the employer can terminate the employee’s services and the same cannot be construed illegal.

Probation Period

Probation is a period of trial and its purpose is to find out the suitability of an employee to hold the post substantively or permanently and the suitability has to be judged at the time of confirmation. Regular employees with an organisation enjoy various protection including protection against indiscriminate termination of employment and termination benefits. However, an employee on probation can be terminated during the probation period due to unsatisfactory performance of the employee and the employer would be justified in the termination.

Rules & Regulations – Relating to Probation Period

The status of a probationer has been made clear in a plethora of judicial cases and pronouncements. The following are excerpts of a landmark judgement by the Constitution Bench of the Supreme Court on the status of a probationer and his/her termination from service:

“An appointment to a permanent post in Government service on probation means, as in the case of a person appointed by a private employer, that the servant so appointed is taken on trial. The period of probation may, in some cases, be for a fixed period, i.e., six months or for one year or it may be expressed simply as “on probation” without any specification of any period. Such an employment on probation, under the ordinary law of master and servant, comes to an end if during or at the end of the probation the servant so appointed on trial is found unsuitable and his service is terminated by a notice.”

“Thus, where a person is appointed to a permanent post in a Government service on probation, the termination of his/her service during or at the end of that period of probation will not ordinarily and by itself be a punishment, for the Government servant, so appointed, has no right to continue to hold such a post any more than the servant employed on probation by a private employer is entitled to do. Such a termination does not operate as a forfeiture of any right of the servant to hold the post, for he has no such right and obviously cannot be a dismissal, removal or reduction in rank by way of punishment.”

In addition to the above, the Supreme Court through another order has clarified that an employee on probation can be terminated summarily by the employer in clarifying as under:

“There can be no manner of doubt that the employer is entitled to engage the services of a person on probation. During the period of probation, the suitability of the recruit/appointee has to be seen. If his services are not satisfactory which means that he is not suitable for the job, then the employe has a right to terminate the services as a reason thereof. ”

Extension of Probation Period

In the absence of rules, if the contract of employment has fixed or a particular period of probation and on expiry of the probation period the employee still continues in services then the implications are that he/she continues as a probationer. A probationer continuing past the probation period will not automatically become a permanent employee and the employer has rights to extend the probation period till it is satisfied the probationer is fit for confirmation. Thus, a probationer will be on probation until he/she is confirmed by the employer.

Termination During Probation Period

As mentioned above, a probationer has no lien on the job, his/her service can be terminated at the discretion of the employer. It is advisable that while terminating the services of a probationer, the language should be simple, unambiguous and non-stigmatic. It will be appropriate to state that in accordance with the terms and condition of the appointment, the probationary services are terminated with immediate effect, or, as the case may be.

Dear Client,

Pay protection in the case of a Direct Recruit is available only in a case where the individual held a lien to his old post on his confirmation in the old post. Since your position is not yet confirmed and also due to joining on lower pay grade, Pay protection may not available.

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.

You can submit technical resignation as per your convenience and the requirement that is ahead of you.

Yes you can submit technical resignation in this case.