• Can I get technical resignation for lower grade pay

Good morning. I'm working as junior engineer which is 4200 grade pay in Indian railways for past 2.5 years. During this period I applied for another post in 4200 grade pay in Indian railways only. But now I got promoted for 4600 grade pay. So if I want to join in post which I applied when I'm in 4200 grade pay job can I get benefit of technical resignation. Please answer my doubt. Thank you.
Asked 6 years ago in Labour

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10 Answers

OM No. No. 13/9/2009-Estt (Pay-1) dated the 21 October, 2009 that consequent upon implementation of the revised pay structure comprising grade pays and running Pay Bands, w.e.f. 1.1.2006 in cases of appointment of Government servants to posts carrying lower Grade Pay under FR 15(a) on their own request, the pay in the pay band of the Government servant will be fixed at a stage equal to the pay in the pay band drawn by him prior to his appointment against the lower post. However, he will be granted grade pay of lower post. Further, in all cases, he will continue to draw his increments based on his pay in the pay band + grade pay (lower).

 

2) you would be granted only lower grade pay 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Sir,

You can file a case before Service Tribunal or High Court and take a chance to claim salary in higher grade.  

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Yes you can take the benefit of Technical resignation here

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Yes,if you have applied through proper channel.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Dear Sir,

 

- It is advised to check the terms & condition of both the offers.

- Every organization whether Govt. or Pvt. has its own rules keeping basic rules secured as per Govt. Norms.

- Until seen your terms & condition of both the jobs, it shall be difficult to give right guidance.

 

Regards

 

Vivek Arya 

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

Dear Sir,

You may approach advocate on service matter because employer always interpret the clauses in their own passion and try to cause loss to the employee.  Your grievance can be answered by service tribunal or high court. 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Please clarify that you took permission from the competent authority or not?

 

It is a settled law that Resignation in 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. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

if your resignation is accepted as a technical resignation. Pay Protection Your pay will not be reduced on account of joining the new job.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes you can get technical resignation as your organisation is the same and your HoD shall endorse your application.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If you want to apply for technical resignation, it is your own choice, you can do it. 

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

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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