pay protection on technical resignation during probation period

Petitioner appeared for the All India Civil Services Examination. Senior Citizen Post Office schemes: Time Deposit to RD, NSC, MIS, KVP Premature Encashment Rules, Employees Provident Fund (EPF) advance: How much can you withdraw? According to OM of 1998, the Government grants benefit of pay protection only if selection from PSUs etc is made through interview and not through an open competitive examination. It's quick, easy, and anonymous. The undersigned is directed to say that as per extent rules/orders on the subject, pay protection is granted to candidates who are Page 1361 appointed by the method of recruitment by selection through the UPSC, if such candidates are in government service. If your request is not accepted for thetechnical reasons as stated now, then you may file a OA before the CAT in this regard and await their disposal for further action. 10. You should file writ petition before High court against NIT for considering you for pay protection. Accordingly the UPSC in consultation with DoPT decided that the benefit should be confined to cases of selection by interview. Once fixed shall run accordingly had it been in your original department. It was further submitted that the power of Courts and Tribunal to mould the relief appropriately is well recognized. Probation is a period of trial and its purpose is to find out the suitability of an employee to hold the post substantively or permanently and the suitability has to be judged at the time of confirmation. - Further, when a government servant applies forin thesame or another department through proper channel and on selection he is asked toresignthe previous post for administrative reasons theresignationis calledtechnical resignation. (B) Manner of fixation of pay of central government employee under FR 22-b(1) consequent to his appointment to a post in higher level through direct recruitment, where higher duties and responsibilities are involved: A Central Government Employee on his appointment to a post in higher level in different service or cadre in Central Government carrying duties and responsibilities of greater importance than those attached to the post held earlier by him on regular basis before such appointment and ha ing a provision of probation period in new post, may during probation draw the presumptive pay of the post held earlier by him on regular basis if it is higher than the minimum of the Time Scale of the new post. Various cases referred before the high courts and supreme court seeking pay protection as n the present case were rejected or dismissed, one such case is CIVIL APPEAL NO. Talk to Advocate Prashant Nayak NOW! He was working as Senior Officer (Marketing) in Videsh Sanchar Nigam Limited (VSNL) from 17.8.1998 on probation for a period of one year. He would also get his increments on such presumptive pay. and conditions of service of employees whosepayis adversely affected by organizational change , it means to allow the individual to find another post at their originalpayband or to adjust to the lower salary within theprotectionperiod. It is idle to contend that there must be other considerations which are not apparent. Pay protection in case of technical resignation - Indian Kaanoon 12/1/96-Estt. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! Points: 3. 7th Pay Commission Latest News: In another encouragement for the central government employees, the Govt. This benefit is also admissible to Government servants who applied for posts in same or Ruling not necessary. PDF Controller General of Defence Accounts If you have given proper resignation and apply to another central organisations plus provided same reason in the resignation application. Technical Resignation - Consolidated Guidelines issued by DOPT - GConnect Nonetheless the challenge to the said OM on the ground of it being arbitrary, discriminatory and against the underlying object of drawing talent from PSUs and other organizations survives. 4.1 on 5.0. Sample 4: "Resignation letter for a probationary employee". He would also get his increments on such presumptive pay. The writ petition stands allowed in the above terms. (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: Share. - Further , as the said NOC was issued by the present employer , then even you sent the application and not through the employer , will not effect your eligibility. While applying through proper channel, the employer forwards the application to the concerned authority which did not happen in your case. (iv) Candidates should have completed the period of probation successfully in his parent organization though such a condition was not a part of original OM of 1989. relieving letter is wrong and may be issued to refuse your claim to resume back if you wanted too. Since you have been issued with the NOC, it clearly indicates that you have obtained permission from your current employer to apply for a different post in a different establishment. The order of pay protection dated 27.3.2001 with respect to one Sh.P.V.Gupta, Section Officer, was produced on record along with few other orders. Get legal answers from lawyers in 1 hour. Get legal answers from lawyers in 1 hour. Get legal answers from lawyers. For you current position is on probation period and none of increment pay scale is applicable . Regular employees with an organisationenjoy various protection includingprotection against indiscriminatetermination of employment and termination benefits. Yes, it is. Mr Kait appearing for the Union of India had sought to urge that the objective of attracting talent to government services is not achievable by extending the benefit of pay protection to those PSU employees who come through open competitive examination. -Further , Protection of pay drawn in Pay Band against the post held in the previous organisation 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 organisation either with same or lower grade pay. 3) you cna file application before CESTAT and rely upon judgment of delhi HC in case of Sanjog Kapoor vs Union Of India (Uoi) And Ors. The pay protection can very well be mentioned in your service regulations and hence it has to be referred first before something can be suggested. Furthermore, in the absence of such a challenge, the Tribunal refused to question the rationale of the said OM. PDF $~ IN THE HIGH COURT OF DELHI AT NEW DELHI - Prime Legal All rights reserved. Get legal answers from lawyers. In addition to the above, the Supreme Court throughanother order has clarified that an employee on probation can be terminated summarily by the employer in clarifying as under: There can be no manner of doubt that the employer is entitled to engage the services of a person on probation. If the pay fixed in the new post is less than your pay in the new most , then you will draw the presumptive pay of the post you holds substantively as defined in FR-9(24). 2) you have applied through proper channel your resignation has been accepted. 3379-E.III (B)/65 dated the 17th June, 1965 Get legal answers from lawyers. As mentioned above, a probationer has no lien on the job, his/her service can be terminated at the discretion of the employer. You can always ask - the worst case scenario is they say "no". The protection of pay will be in the manner as below: (A) Manner of fixation of pay of government servant under FR 22-b(1) consequent to his appointment in lower post through direct recruitment, where higher duties and responsibilities are not involved: A Central Government Employee on his appointment to a post in lower Level in different service or cadre in Central Government which does not carry duties and responsibilities of greater importance than those attached to the post held earlier by him on regular basis before such appointment and having a provision of probation period in new post, may during prObation draw the presumptive pay of the post held earlier by him on regular basis, if it is higher than the minimum of the Time Scale of the new post. during probation period from the post of General Manager (HR). of India through the department of personnel and training (DoPT) has released an office memorandum (OM) granting 'protection of pay' to the central employees who are appointed to a new post in different service/ cadre in the central governmen. Give a technical resignation. Due to technical resignation you will get the past service benefits in your new organisation. . You are eligible for the benefits under technical resignation. 4. In the absence of rules, if the contract of employment has fixed or a particular period of probation and on expiry of the probation period the employee still continues in services then the implications are that he/she continues as a probationer. 1) Annexure A8 OM of the DoPT dt. You can file a writ petition in high court for q speedy remedy. Probation period is a period of engaging an employee to test his/her performance on the suitability of a position. Download Financial Express App for latest business news. 14. Protecting the pay of one and not protecting the pay of the other set of candidates is completely arbitrary and illogical. 2013-2023 Kaanoon Corporation. Shivendra Pratap Singh Advocate, Lucknow 5127 Answers 78 Consultations 4.9 on 5.0 Send a legal notice, review a legal document, etc. Here you are not in lien. In fact to prevent brain drain, entrepreneurs and industries keep on evolving various methods. 'Can I resign from my job during probation under the new - The National Such a termination does not operate as a forfeiture of any right of the servant to hold the post, for he has no such right and obviously cannot be a dismissal, removal or reduction in rank by way of punishment.. Technical resignation is not possible during probation period. Send a legal notice, review a legal document, etc. 83,300 (Level 11) On successful completion of his probation period and on confirmation w.e.f. You are entitled to pay protection and other benefits on technical resignation, 2) you have applied through proper channel your resignation has been accepted. The objectives and standards which are sought to be achieved by testing through interview as the method also stand attained when a person clears civil services examination. In the alternative, it was contended by Mr. Rao for the petitioner that OM of 1998 is not applicable to the petitioner as process of selection had commenced in January, 1998 and preliminary examination was conducted in June, 1998 whereas OM of 1998 was issued in July, 1998. Technical Resignation and its benefits & Lien | EXAMSCOMP 3) 2.4 Pay Protection, Eligibility of past service for reckoning of the minimum period for grant of Annual Increment. You will be eligible for NIT pay scale once that probation period is over. 1. 8403 of 2009] Jagdish Parwani Vs. Union of India & Ors. Petitioner submitted that even after the issuance of the OM of 1998, no action was taken for withdrawal of benefit given to large number of officers. You will get pay protection despite not finishing the probation period. The benefit of pay protection would be available to an Officer coming from PSU etc. Accordingly, his pay in Level 7 on 01.04.2020 would be Rs. With such intention pay protection was granted to candidates working in Public Sector Undertakings, Universities Semi Government Institutions or Autonomous bodies who were appointed as direct recruits. As a result of this, it has not been possible for Government to draw upon the talent that is available in non-government Organizations. this regard, Sanjog Kapoor vs Union Of India (Uoi) And Ors. However, it is to be ensured that during probation presumptive pay should always be greater than the pay of the new post after drawing the increment(s). As to the Rules which apply to the petitioner and the means of selection, whereas it is the petitioner's case that the OM of 1998 will not apply to him as his selection process was initiated prior to the OM coming into being, the Page 1364 respondents urged that the said OM would apply as petitioner was taken into government service on a day subsequent to the OM of 1998 coming into existence. However, Protection of Pay in the above manner should not, at any of these stages, exceed the maximum of the Level of the new post in Pay Matrix.However, the above mentioned pay protection under FR 22-B(1) for central government employees to will be available on grounds that he/she holds a lien on his/her previous permanent post. Pay Protection, eligibility of past service for . The same is required to be examined. 13,350 " 18250, by virtue of revision in pay scale given effect to by VSNL vide office order dated 6.10.2000 w.e.f. Reasons: Why Sriharikota Is The Ideal Launch Site For ISRO? This order takes effect from Jan 1, 2016. In our view the OM of 1998 will apply to the petitioner as he was taken in Government employment subsequently. Is technical resignation applicable in central government - Quora 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. Nagarajan v. State of Karnataka reported at and State of Kerala V. P.T. You should file writ petition before High court for claiming pay protection and other benefits. As per the Ministry of Finance OM No. Protection Of Pay To The Central Government Servant - Gservants News 316/2003, passed by the Central Administrative Tribunal, Principal Bench, New Delhi, dismissing his OA and Revision Application. Subsequently, on successful completion of his probation, his pay will be fixed under FR 22(l)(a)(2). You have to approach Central Administrative Tribunal for solution of your grievances against injustice being caused to you by your postal service department. The Government servant at the time of resignation should specifically make a request, indicating that he is resigning to take up another appointment under the Government for which he applied before joining the Government service; 3. Technical resignation - Indian Kaanoon For you current position is on probation period and none of increment pay scale is applicable . (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 employee 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. 3379-E.III (B)/65 dated the 17th June, 1965 read with provisions of FR 22- . He cleared the preliminary examination in May, 1998 and was declared successful in the main examination on 9.6.1999. Subsequently, on successful completion of his probation, his pay will be fixed under FR 22(l)(a)(1). 17. In cases of appointment of a Government servant to another post in Government on acceptance of technical resignation, the protection pf pay is given in terms of the Ministry of Finance OM No. The OM by DoPT further declares that upon the implementation of 7th Pay Commission (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/cadre either carrying higher responsibilities or not.
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