• Pay protection

Dear Sirs,

I am a central government employee who was working in a central government autonomous institution from 2 March 2020 (probation in regular post; selection by direct recruitment). On applying through proper channel and getting selected in another central government autonomous institution, I tendered technical resignation. It was accepted and I left my previous job on 3.9.2020 to join new one on 4.9.2020. Am I eligible for pay protection? Previous job level of pay-12. New job level of pay- 11. Duty/Designation- Same for both jobs.
Asked 3 years ago in Labour

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5 Answers

You are entitled to pay protection as you had submitted technical resignation and applied through proper channel 

Ajay Sethi
Advocate, Mumbai
94515 Answers
7485 Consultations

5.0 on 5.0

7th CPC Protection of pay to the Central Government Servant appointment to a new post in different service or cadre in Central Government, through direct recruitment – DOPT

F. No. 12/2/2017-Estt(Pay-I)
Government of India Ministry of Personnel,
Public Grievances and Pensions
Department of Personnel and Training


North Block, New Delhi
Dated: 5th August, 2020

OFFICE MEMORANDUM

Protection of pay to the Central Government Servant consequent to appointment to a new post in different service or cadre in Central Government, through direct recruitment where either higher duties and responsibilities are involved or not, as the case may be, under FR 22-B(1), in the 7th CPC Scenario-regarding.

The undersigned is directed to say that consequent to various references received from Ministries/Departments on protection of pay under FR 22-B(1), a need has been felt to issue guidelines on the manner of fixation of pay in respect of the Central Government Servant who after technical resignation, is appointed to new post in the different service or cadre in Central Government through direct recruitment where either higher responsibilities are involved or not, as the case may be, in 7th Central Pay Commission scenario.

2. Provisions of FR 22-B(1) inter-alia provide as under :-

“F.R. 22-B.(1) Notwithstanding anything contained in these Rules, the following provisions shall govern the pay of a Government servant who is appointed as a probationer in another service or cadre, and subsequently confirmed in that service or cadre-

(a) during the period of probation, he shall draw pay at the minimum of the time scale or at the probationary stages of the time scale of the service or post, as the case may be:

Provided that if the presumptive pay of the permanent post on which he holds a lien or would hold a lien had his lien not been suspended, should at any time be greater than the pay fixed under the clause, he shall draw the presumptive pay of the permanent post;

(b) on confirmation in the service or post after the expiry of the period of probation, the pay of the Government servant shall be fixed in the time-scale of the service or post in accordance with the provisions of Rule 22 or Rule 22-C, as the case may be ………”

3. Consequent upon the implementation of 7th CPC Report and CCS (RP) Rules, 2016, the President is pleased to allow protection of pay in the light of the provisions laid down under FR 22-B(1) to Central Government employee who is appointed as probationer in another service or cadre either carrying higher responsibilities or not, as the case may be and subsequently confirmed in that service or cadre, in the manner as illustrated below:

 

Ajay Sethi
Advocate, Mumbai
94515 Answers
7485 Consultations

5.0 on 5.0

Hello,

1. Yes, you are eligible for pay protection as you have followed procedure and tendered your technical resignation accordingly.

. 2. 7th CPC Protection of pay to the Central Government Servant appointment to a new post in different service or cadre in Central Government, through direct recruitment – DOPT

 

 

F. No. 12/2/2017-Estt(Pay-I)
Government of India Ministry of Personnel,
Public Grievances and Pensions
Department of Personnel and Training

 

North Block, New Delhi

Dated: 5th August, 2020

 

OFFICE MEMORANDUM

Protection of pay to the Central Government Servant consequent to appointment to a new post in different service or cadre in Central Government, through direct recruitment where either higher duties and responsibilities are involved or not, as the case may be, under FR 22-B(1), in the 7th CPC Scenario-regarding.

The undersigned is directed to say that consequent to various references received from Ministries/Departments on protection of pay under FR 22-B(1), a need has been felt to issue guidelines on the manner of fixation of pay in respect of the Central Government Servant who after technical resignation, is appointed to new post in the different service or cadre in Central Government through direct recruitment where either higher responsibilities are involved or not, as the case may be, in 7th Central Pay Commission scenario.

2. Provisions of FR 22-B(1) inter-alia provide as under :-

“F.R. 22-B.(1) Notwithstanding anything contained in these Rules, the following provisions shall govern the pay of a Government servant who is appointed as a probationer in another service or cadre, and subsequently confirmed in that service or cadre-

 

(a) during the period of probation, he shall draw pay at the minimum of the time scale or at the probationary stages of the time scale of the service or post, as the case may be:

Provided that if the presumptive pay of the permanent post on which he holds a lien or would hold a lien had his lien not been suspended, should at any time be greater than the pay fixed under the clause, he shall draw the presumptive pay of the permanent post;

 

(b) on confirmation in the service or post after the expiry of the period of probation, the pay of the Government servant shall be fixed in the time-scale of the service or post in accordance with the provisions of Rule 22 or Rule 22-C, as the case may be ………”

 

3. Consequent upon the implementation of 7th CPC Report and CCS (RP) Rules, 2016, the President is pleased to allow protection of pay in the light of the provisions laid down under FR 22-B(1) to Central Government employee who is appointed as probationer in another service or cadre either carrying higher responsibilities or not, as the case may be and subsequently confirmed in that service or cadre, in the manner as illustrated below:

 

 

 

 

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

As per the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17th June,
1965, the resignation is treated 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 from 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.

In cases of appointment of a Government servant to another post in
Government on acceptance of technical resignation, the protection of pay is given in
terms of the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17th June, 1965
read with provisions of 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 post 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. In case the
Government servant re-joins his earlier posts, he will be entitled to increments for the
period of his absence from the post.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

This facility is available for the probationers also, since your technical resignation has been accepted you may proceed.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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