• Pay protection on technical resignation

Sir
 I am a employee of autonomous employee. I have tendered technical resignation to join new post as Assistant Registrar at NIt. My previous organization in my relieving order stated that i am not eligible for lien. Now my present organization which is NIT stating that as u are not on lien and hence benefit of pay protection can not be extended to u as pay protection under rule FR22(b) is limited to officials who are in lien. Kindly advise me proper course of action and relevant rules please
Asked 6 years ago in Labour

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6 Answers

Have you completed probation period of your previous job till date or you're still on probation period. You will be eligible for NIT pay scale once that probation period is over.

 

lien as contained in relevant FRs are given as follows:Y. 15.3.1 FR (13) Lien means the title of a government servant to hold on regular basis, either. immediaitely or on the termination of a period or periods of absence, a post, including a tenure.

 

 


FR 22-B: Governs fixation of pay of a government servant who is appointed as a probationer or on probation or as an apprentice in another service/cadre.


 

(i) Rule 35 to FR 22 is not applicable to the case, much less FR 22 -B is directly covered under Sections 40(1)48(2)48(4) of the Act read with 10(3), 10(4), 10(5) of the Regulations and Rule 2 of the General Rules framed under clause 56 of the Statute.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If the present employer is giving the reason for not considering your benefits under technical resignation, you may first give a representation to the top management of the company seeking its intervention and accede to your request to sanction all the benefits as you hav resigned under technical resignation.

If your request is not accepted for the technical reasons as stated now, then you may file a OA before the CAT in this regard and await their disposal  for further action.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can file a writ petition in high court for q speedy remedy

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Due to technical resignation you will get the past service benefits in your new organisation.

Here you are not in lien. You are not officiating higher post after completion of probation. 

So you are not eligible for any pay protection under the said rule.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Dear Client,

Benefit of lien enjoyed by every officers who are confirmed and retained by parent department till 2 years. relieving letter is wrong and may be issued to refuse your claim to resume back if you wanted too.

Challenge the relieving letter before administrative tribunal and also ask them in RTI why no lien ?

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You should file writ petition before High court against NIT for considering you for pay protection.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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