• Pay Protection to an employee appointed on lower pay scale

I have joined Sub Inspector of Excise on [deleted] in Excise and Prohibition Department, Government of Jharkhand which has payscale of [deleted]; G Pay 2400. Previously I was employed (Date of Joining [deleted]) in Road Construction Department, Government of Jharkhand on the post of Corrospondance Clerk which had pay scale of [deleted]; G Pay 2400. After 10 years of my previous service I got a MACP in the Pay Scale of [deleted]; GP-4200. I was then applied for the post of Excise Sub Inspector, the Examination being conducted by Jharkhand Staff Selection Commission after getting permission to appear in Exam. Now will I get Pay protection under Rule 78 of Jharkhand Service Code?
Asked 8 years ago in Labour

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4 Answers

Rule 78(a) (i) of Bihar / Jharkhand Service Code reads as follows;

"Rule-78(a)(i) when appointment to the new post involves the assumption of duties or responsibilities of greater importance (as interpreted for the purposes of Rule 89) than those attached to such permanent post, he will draw as initial pay the stage of the time scale next above his substantive pay in respect of the old post;

(ii) When appointment to the new post does not involve such assumption, he will draw as initial pay the stag of the time scale which is equal to his substantive pay in respect of the old post, or, if there is no such stage, the stage next below that pay, plus personal pay equal to the difference and in either case will continue to draw that pay until such time as he would have received an increment in the time-scale of the old post or for period after which an increment is earned in the time-scale of new post, whichever is less. But if the minimum pay of the timescale of the new post is higher than his substantive pay in respect of the old post, he will draw that minimum as initial pay."

2) you should be entitled to pay protection

Ajay Sethi
Advocate, Mumbai
96148 Answers
7735 Consultations

5.0 on 5.0

ule 56(a) of the Bihar Service Code as adopted by the Jharkhand Service Code which deals with the general conditions of service reads as follows :

"56(a) The State Government may transfer a Government servant from one post to another; provided that, except-

(1) on account of inefficiency or misbehaviour, or (2) on his written request.

a Government servant shall not be transferred substantively to, or except in a case covered by rule 103 appointed to officiate in a post carrying less pay than the pay of the permanent post on which he holds a lien, or would hold a lien, had his lien not been suspended under rule 70.

2) Rule 56 deals only with respect of transfer of govt servant . it is not applicable to your case

Ajay Sethi
Advocate, Mumbai
96148 Answers
7735 Consultations

5.0 on 5.0

If you have applied for the present post through proper channel i.e., by taking NOC from your previous employer and also after having been selected to the new post, whether you have tendered a technical resignation then you may apply for pay protection for which you are very well eligible.

T Kalaiselvan
Advocate, Vellore
86347 Answers
2293 Consultations

5.0 on 5.0

had applied for this post after getting permission from my department.

Is my appointment is authentic as per rule No. 56 of Jharkhand service code?

Will my previous service length will be added to current service?

Your appointment is very well legally valid.

Your previous service is certainly recognised for the total service with all the benefits.

T Kalaiselvan
Advocate, Vellore
86347 Answers
2293 Consultations

5.0 on 5.0

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