• Pay protection after resigning from PNB Bank and joining Central govt

Sir/Madam
I resigned the PNB bank in oct 2023. I obtained the NOC for the SSC CGL exam and also served the notice period of three months. I worked in bank for 6.5 years.
After then I joined Central govt (CAG) through SSC CGL. My question is, Am i eligible for pay protection. If yes please provide me circulars. Also what are the documents required. 

Thank you
Asked 1 month ago in Labour

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9 Answers

Dear Client,

The SSC CGL notification usually contains information regarding pay protection policies for candidates transitioning from other jobs. Review the latest notification for any relevant details. Look for circulars issued by the government or the respective departments (such as the Department of Personnel and Training - DoPT) regarding pay protection for candidates transitioning from public sector jobs to central government positions. Typically, documents such as your resignation letter from PNB Bank, NOC obtained for the SSC CGL exam, proof of serving the notice period, and any relevant service certificates or experience letters from PNB Bank might be required. However, the specific documents needed can vary based on the policies in place.

Anik Miu
Advocate, Bangalore
9020 Answers
110 Consultations

4.7 on 5.0

pay protection for employees is available only within one central government job and another and not between one central government job and the other one in PSU.

 

2) Public Sector Bank jobs are not Govt service .No protection is possible .

Ajay Sethi
Advocate, Mumbai
94933 Answers
7575 Consultations

5.0 on 5.0

 

You are not entitled to pay protection 

Ajay Sethi
Advocate, Mumbai
94933 Answers
7575 Consultations

5.0 on 5.0

In a writ petition filed before Delhi high court among many other things, it covered the following points while allowing the writ petition"

The purpose behind grant of pay protection was to draw talent from organisations like PSUs. The best talent is drawn through the Civil Services Examination. Encouraging employees of PSUs to sit for such examination which is highly competitive is in line with the purpose behind the OM of 1989 of attracting the best talent. Even assuming that for the purposes of pay protection, the distinction between selection through interview and selection through open competitive examination does hold a rational nexus, the Civil Services Examination, through which the petitioner has been selected also comprises a comprehensive interview. Therefore denial of pay protection benefit to the petitioner is unjustified and illegal.

Hence you may take a cue from the above referred judgment which may come handy to you to solve your problem.

T Kalaiselvan
Advocate, Vellore
85133 Answers
2218 Consultations

5.0 on 5.0

You may download the judgment whose details are given below and peruse the same fully, patiently and properly which will throw some light to your query:

Delhi High Court

Sanjog Kapoor vs Union Of India (Uoi) And Ors. on 20 April, 2007

Author: Manmohan Sarin

Bench: Manmohan Sarin, Vipin Sanghi




 

T Kalaiselvan
Advocate, Vellore
85133 Answers
2218 Consultations

5.0 on 5.0

https://doptcirculars.nic.in/OM/ViewOM.aspx?id=137&headid=7

Prashant Nayak
Advocate, Mumbai
32077 Answers
183 Consultations

4.1 on 5.0

- 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

- However, this protection is applicable in central govt job for only in case of government employee or state govt employee 

- Since, the PNB bank employee is not considered as central govt or state govt. employee , hence this facility cannot be granted to bank employee. 

Mohammed Shahzad
Advocate, Delhi
13363 Answers
199 Consultations

5.0 on 5.0

Dear Client,

While the SSC CGL notification may not explicitly mention pay protection, it's possible that such provisions exist in broader government regulations or circulars. There are few steps you can take to determine your eligibility for pay protection and gather relevant information:

  1. Search the policies and regulations governing pay protection for employees transitioning from one government job to another. These policies may vary based on factors such as the length of service, the nature of the new position, and the rules of the respective government departments.
  2. Reach out to the Human Resources (HR) or administrative department of your new employer, in this case, the Comptroller and Auditor General (CAG), to inquire about pay protection policies. They should be able to provide you with relevant information or direct you to the appropriate resources.
  3. Look for circulars, office memoranda, or orders issued by the government or relevant departments regarding pay protection for employees transitioning through SSC CGL or similar recruitment processes. These documents often outline eligibility criteria, procedures, and any supporting documentation required.
  4. If you're unable to find specific information regarding pay protection, consider reaching out to your HR department or contacting the SSC regional office for clarification. They may be able to provide guidance based on past cases or interpretations of existing regulations.

Anik Miu
Advocate, Bangalore
9020 Answers
110 Consultations

4.7 on 5.0

Didi you served Technical resignation ?

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

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