Pay protection benefits

According to DoPT OM no. 5/2/2012-Estt. ( Pay I) (Voll. II) regarding protection of pay of candidates from PSU/ AUTONOMOUS BODIES/ BANKS/ UNIVERSITIES ETC. As per para 4 statement " the relevant recruitment rules prescribe a minimum number of experience in a specified area from the field sources for appointment under the method of direct recruitment", does it apply to the scenario as depicted below against a recruitment advertisement for employment notice in a central government department:

Recruitment of Senior Assistant in level 4 of 7th cpc

A) ESSENTIAL: Graduate from a recognised university.
B) DESIRABLE: A minimum of three years experience in a recognized organisation.

On succesfully clearing the open competitive examination, is the candidate eligible for pay protection benefits in the new department if the candidate possesses 5 years experience in the parent autonomous department which follows dopt rules and orders??

Asked 4 years ago in Labour

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4 Answers

- As per rule, Pay protection is a way of safeguarding the pay. and conditions of service of employees whose pay is adversely affected by organizational 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.

Mohammed Shahzad

Advocate, Delhi

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Talk to Advocate Mohammed Shahzad

As per the contents of the relevant provisions you have mentioned it is clear that your pay is protected even if you are recruited by the open competitive examinations.

The relevant paragraph is reproduced below for your proper perusal and better understanding of the law you refer here to avail the privilege.

The President is pleased to decide that notwithstanding the mode of selection,
henceforth, the benefit of pay protection will.be available to Direct Recruits appointed
in Central Government to those posts for which the relevant Recruitment Rules
prescribe a requirement of minimum number of years of experience in a specified
area from the field sources (autonomous bodies, PSUs etc.) for appointment under
the method of direct recruitment. The benefit will be allowed irrespective of whether
the post is filled by the recruiting agency on the basis of interview or open
competitive exam or combination of both.