I joined NTPC ltd, a PSU on 02/08/2010 and resigned (Technical resignation) on 01/03/2015 as I was selected in Engineering Service Examination conducted by UPSC. Consequently, I joined Border Road Organisation on 26/09/2015. I asked for the pay fixation on the basis of the last drawn salary from NTPC but i was denied the same on the basis of DoPT OMs dated 10/07/1998. Though OM dated 07/08/1989 allows such pay fixation, OM dated 10/07/1998 restricts its scope as stating that the benefit of pay fixation is given to only those PSU employees who joined Central government service on 'Only Interview' basis and not through 'Open Competitive Examination' like Engineering Service Examination conducted by UPSC whic comprises first written then Interview. This distinction as stated in OM dated 10/07/1998 was challenged in Delhi High Court vide Sanjog Kapoor and Union of India. In its judgment, bench held such distinction arbitrary and illogical.
Do I have a case here? And, if yes, how should i proceed from here?
Asked in Labour from Kanpur, Uttar Pradesh
If delhi high court has held such distinction as arbitrary and illogical you cannot be denied benefit merely because you were selected through competitive exam
2) contact a local lawyer and file application before CAT
The explanation of NTPC seems to be baseless and arbitrary.
However the relevant Rules of NTPC on this aspect needs to be seen.
The Rule is likely to be in your favour on which event you can seek redress from the CAT or High Court as the Service Rules provides for seeking grievance.
Best of luck.
In terms of the judgment of the Delhi HC you may prefer a writ petition against BRO to seek pay fixation on the basis of last drawn salary. You have a sound case on merits.
. The benefit of past service, if otherwise admissible under rules, No. 28020/1/2010-Estt.(C) Government of India
Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training) dated 8.04 2016, admissible to Government servants who have applied before joining the Government service and on that account the application was not routed through proper channel. 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.
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, 2008. Pay
of the substantive post held by the Government servant is protected. After Sixth Pay
Commission, only the pay in the pay band is protected and the employee gets the grade pay
of the post to which he is appointed after his resignation.
Therefore you certainly have a case.
You can represent in writing, exhaust the remedies within the department and then plan to proceed legally.