Well on this minuscule information nothing concrete can be advised.
The pay protection can very well be mentioned in your service regulations and hence it has to be referred first before something can be suggested.
Sir, I was enlisted in CRPF, Govt of India as a Constable/GD on 10.05.2004 . During 2014, after getting No Objection Certificate from CRPF, I had appeared in examination of Postal Assistant in Department of Posts, Government of India. Having qualified in the examination, my Technical resignation was accepted by CRPF on 17.04.2015 and I have joined postal Assistant in Department of Posts on 20.04.2015 with basic pay Rs.7510 and G.P Rs.2400/- whereas my last pay in CRPF was Rs.9440/- with same Grade Pay Rs.2400/-. I have applied for pay protection and other benefits on technical Resignation on 20.05.2016 that's after one year in Postal department but even after lapse of more than 04 years neither my pay protected nor postal department denied. Request, intimate as to whether I am eligible for pay protection and other benefits on Technical resignation or otherwise?? ii) Also intimate rulings under which my case is comes for consideration. iii) Moreover, provide details of court cases similar to my case.
Well on this minuscule information nothing concrete can be advised.
The pay protection can very well be mentioned in your service regulations and hence it has to be referred first before something can be suggested.
You are entitled to pay protection and other benefits on technical resignation
2) you have applied through proper channel your resignation has been accepted
3)
2.4 Pay Protection, Eligibility of past service for reckoning of the minimum period for grant of Annual Increment.
In cases of appointment of a Government servant to another post in Government on acceptance of technical resignation, the protection pf pay is given in terms of the Ministry of Finance OM No. 3379- E.III(B)/65 dated 17th June, 1965 read with proviso to 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 pay 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.
- As per rule, Pay protection is a way of safeguarding the pay. and conditions of service of employees whose pay is adversely affected by organisational change , it means to allow the individual to find another post at their original pay band or to adjust to the lower salary within the protection period.
- Further, when a government servant applies for in the same or another department through proper channel and on selection he is asked to resign the previous post for administrative reasons the resignation is called technical resignation.
- Further , Protection of pay drawn in Pay Band against the post held in the previous organization shall be admissible only to such direct recruits who had applied through proper channel for appointment to the post in this department after tendering technical resignation and were holding a post in the previous organization either with same or lower grade pay
- Hence, you are entitled for pay protection , as you have applied after getting the NOC and your resignation is technical resignation.
You have to approach Central Administrative Tribunal for solution of your grievances against injustice being caused to you by your postal service department.
1. If your resignation was accepted as technical resignation then your pay protection, service seniority and other benefits will be protects.
You give a written representation to the competent authority through proper channel demanding its intervention and direct the concerned department to accept your request for pay protection as per law.
If there is no proper response or fruitful result from competent authority, you may file an application before CAT seeking the relief and remedy to this.
When you took an noc and applied for the job gave technical resignation then you are entitled to pay protection.
Hence if representations have failed then file a case in CAT.
Thank you Sir. Kindly provide supreme court/CAT orders in similar cases with me, so that necessary follow up action can be initiated at my end accordingly please.
No decision has any blanket applicability unless it has similar situation with regard to same service regulations.
You don't need judgments at this stage. What you need to do is to file an OA. These are laws and they cannot be disobeyed.
Judgments come later when you case is not covered by any law.
Your case is covered by a law ie technical resignation.
1) Annexure A8 OM of the DoPT dt. 08.04.2016 whereby consolidated guidelines were issued regarding the manner in which the matter of technical resignation was to be dealt with.
The OM, inter alia covered the issue of pay protection and eligibility to count past services for reckoning the minimum period for grant of annual increment. It is submitted that a resignation would be treated as technical resignation if the Government servant had applied through proper channel for the post in the same or some other department and his selection required him to resign the previous post for administrative reasons. A resignation in other cases including where the
competent authority had not allowed the application of the Government servant
to be forwarded or where the application was not through the proper channel would not be treated as a technical resignation and the benefit of past service would not be admissible
2) . The benefit of past service is allowed in such cases subject to the fulfilment of the following conditions :-
"i. the Government servant should intimate the details of such application immediately on their joining;
ii. the Government servant at the time of resignation should specifically make a request, indicating that he is resigning to take up another appointment under Government/Government organisation for which he applied before joining the Government service;
iii. the authority accepting the resignation should satisfy itself that had the employee been in service on the date of application for the post mentioned by the employee, his application would have been forwarded through proper channel."
Similar CAT cases are in large numbers and Apex Court as well.
They are cited on ratio of facts.
When you move before CAT ,High Court and Supreme Court, Your Counsel would refer it to the concerned Bench.
The judgments of supreme court or orders of CAT may support you only at the time of final arguments in the case you may file.
First initiate the legal process as suggested, may be with the assistance of an advocate
Yes you are eligible for pay protection and other benefits because of technical resignation.
You should file writ petition before High court for claiming pay protection and other benefits.