What requires to be tested now is whether it is permissible for the DoPT to issue a clarificatory OM reducing the scope of a prior OM without giving any reasons therefore. 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. It is submitted that a resignation would be treated as technical resignation if the Government servant had applied through proper channel for the post in the same or some other department and his selection required him to resign the previous post for administrative reasons. 7th Pay Commission Latest News: In another encouragement for the central government employees, the Govt. 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. If there is no proper response or fruitful result from competent authority, you may file an application before CAT seeking the relief and remedy to this. Click on the Menu icon of the browser, it opens up a list of options. Pay protection means enhanced starting of salary compared to the similarly situated other employees of the new department who had been given direct appointments. Kindly check this. 2013-2023 Kaanoon Corporation. It refused to interfere with an interpretation that the OM of 1998 was meant to clarify the OM of 1989. protection against indiscriminatetermination of employment and termination benefits. What you need to do is to file an OA. National Pension Scheme: PFRDA plans to bring in systematic withdrawal plan, All your queries related to Income Tax answered here Details inside, Akhilesh Yadav has an NDA counter: PDA, Pichde, Dalit, Alpasankhyak, Adipurush: Film's dialogues get a thumbs down by Oppn, asks why is BJP silent now, Modi's Vadnagar: The man about town, and a town about the man, Amid buzz around political entry, Tamil superstar Vijay's message to students: Read Ambedkar, Periyar, TMC panchayat poll candidate beaten to death in Malda district, This website follows the DNPAs code of conduct. 2) you have applied through proper channel your resignation has been accepted. Petitioner, in order to join the civil services, resigned from VSNL on 20.9.1999 by giving one month notice applicable to a probationer. Babu (Querist) 27 April 2012 @ Raj kumar sir But there must have been other considerations as well, which are not apparent on plain reading of the Oms dated 7.8.1989 and 10.7.1998, based on which was decided to limit the benefit of pay protection to interview based selection only. (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. All rights reserved. METHOD OF PAY FIXATION 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. However, it is to be ensured that during probation presumptive Notice Period upon Employment Termination: The Company or the Employee may terminate this contract by giving Notice in writing to the other of not less than 3 Months. The same is required to be examined. Yes, it is. Lawyers are available now to answer your questions. The selection through open competitive examination in civil services held by the UPSC is admittedly a stringent testing process to ensure the highest standards for bureaucracy. Get legal answers from lawyers. The benefit of pay protection is available to the Government servants on their recruitment by selection through UPSC, subject to fulfilllment of certain conditions. 1. (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: 3379- E.III(B)/65 dated 17th June, 1965 read with proviso to FR 22-B. Considering that the reasons leading to the formulation of the OM in 1989 was to attract talent from PSUs etc by protecting their pay, we do not see as to how selection through interview alone would draw such talent and not selection through other open competitive examinations of which interview is an important element. 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. Its quick, easy, and anonymous! Jul 25, 2021 at 17:16 1 A gap because of being at this company for like 2 months during this probabtion. Having noticed the basic objectives, let us analyze if the respondents have disclosed or brought forth in their response any reason for granting pay protection only to cases of selection through interview and excluding selection through competitive examination. Share. A writ . Here you are not in lien. Scroll down the page to the Permission section . Technical resignations are not possible within a year of joining the post since the probation is incomplete. Yes a technical resignation means that you will get adequate job experience benefits and pay benefits. Until this time, the current rules apply. Click on the Options , it opens up the settings page. (pay-I) dated 10.7.1998, in the context of posts filled by the mode of direct recruitment by selection and not for the post filled by open competitive examination. He would also get his increments on such presumptive pay. Technical resignation is not possible during probation period. You shall get such salary till your whole service. 1. lienas contained in relevant FRs are given as follows:Y. 12/1/96-Estt. During the period of probation, the suitability of the recruit/appointee has to be seen. Stay updated with all the happenings around the globe. The benefit of pay protection would be available to an Officer coming from PSU etc. . Its quick, easy, and anonymous! Firstly challenge to the Tribunal's order is on the ground that though the OA did not contain a specific prayer seeking quashing of OM dated 10.7.1998, but nonetheless the OA, in ground (f) contained the challenge to the said OM as arbitrary, discriminatory and against the underlying object of drawing talent from PSUs and other organizations as no distinction can be made between selection through interview alone and selection through open competitive examination of which interview is a necessary component. ( 3) It is easier to resign during probation period as the notice interval will be minimal. 2013-2023 Kaanoon Corporation. A resignation in other cases including where the, competent authority had not allowed the application of the Government servantto be forwarded or where the application was not through the proper channel would not be treated as a technical resignation and the benefit of past service would not be admissible, 2) . It is the petitioner's submission that the Tribunal did not go into the challenge to the OM dated 10.7.1998 despite a review application being filed. However, an employee on probation can be terminated during the probation period due to unsatisfactory performance of the employee and the employer would be justified in the termination. All rights reserved. Only condition here is to apply through proper channel that resignation and new application in another department then it will be called as technical resignation otherwise it will called ad hoc basis. Note that my probation period is 3 months. Yes as you had obtained a noc you had given a technical resignation you are entitled to pay protection. this regard, Sanjog Kapoor vs Union Of India (Uoi) And Ors. 7th Pay Commission Latest News: In another encouragement for the central government employees, the Govt. Yes as you had obtained a noc you had given a technical resignation you are entitled to pay protection. When you took an noc and applied for the job gave technical resignation then you are entitled to pay protection. You will get pay protection despite not finishing the probation period. The NOC given to you is more than enough even though you have applied for the desirous post directly and not through proper channel. Get legal answers from lawyers. In our view the OM of 1998 will apply to the petitioner as he was taken in Government employment subsequently. The undersigned is directed to refer to the subject mentioned above and to say that various instructions have been issued by the Government from time to time regarding Technical Resignation, and the service conditions under which a lien of a post of Government employee can be a retained, terminated or transferred. - 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. The DOPT's intention would not have been to restrict the benefit of pay protection to one method of selection for recruitment alone. Accordingly, his pay in Level 7 on 01.04.2020 would be Rs. It's quick, easy, and anonymous! - As per rule, Pay protectionis a way of safeguarding thepay. 10. Also whether the distinction between selection through 'interview' and selection through 'open competitive examination' brought out by OM of 1998 is based on any reasonable basis or is it arbitrary and discriminatory, as alleged. Petitioner contended that by no stretch of imagination can the OM of 1998 be deemed as a clarificatory OM as it did not make any distinction between 'selection' through interview and 'selection' through open competitive examination of which 'interview' is an essential component. Get legal answers from lawyers. 4. And now I want to join them for financial reasons and leave my current job during the probation period. Petitioner appeared for the All India Civil Services Examination. Once the changes is done, click on the Save Changes option to save the changes. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! and conditions of service of employees whosepayis adversely affected by organisational change , it means to allow the individual to find another post at their originalpayband or to adjust to the lower salary within theprotectionperiod. Rao on behalf of the petitioner submitted that it is well settled that if necessary grounds are taken in the petition which form the basis of the petitioner's case, mere absence of a specific prayer does not dis-entitle him to relief based on the said grounds. Also, no question of benefit of a resignation being treated as a technical resignation arises in case of it being from a post held on adhoc basis. 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 the previous post for administrative reasons. his old post on his confirmation in the old post. Get legal answers from lawyers. 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. According to the OM, the central government employees, who after technical resignation, are appointed to new post in the different service or cadre in central government through direct employment, where either higher responsibilities are involved or not, will be extended the 'protection of pay' in accordance with 7th Pay Commission scenario. Yes you are eligible for pay protection and other benefits because of technical resignation. Send a legal notice, review a legal document, etc. Subsequently, on successful completion of his probation, his pay will be fixed under FR 22(l)(a)(2). A central government employee on his appointment to a post in Equivalent Level in different service or cadre in Central Government through direct recruitment where higher duties and responsibilities are not involved 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. . 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. Challenge the relieving letter before administrative tribunal and also ask them in RTI why no lien ? UK is correct when he says that 14 days' notice is required when an employee resigns during their probationary period. It's quick, easy, and anonymous. Yes you are eligible as per the central govt service rules. Mr. V.K. 78,500 (Level 11) Rs. However, you may submit the technical resignation citing the reason of NOC whenever required. He would also draw annual increments on such presumptive pay. In the event of such a stage not being available in the post to which they have been recruited, their pay may be fixed at a stage just below in the scale of the post to which, they have been recruited, so as to the minimum loss to the candidates. All rights reserved. It's quick, easy, and anonymous. Get legal answers from lawyers in 1 hour. Pay Protection, eligibility of past service for reckoning of the minimum period for grant of annual Increment. 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. 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. It is the petitioner's case that he meets the above parameters. Roshana reported at 1979 (2) SCR 947. [Para 3 of OM No. Here click on the Privacy & Security options listed on the left hand side of the page. 316/2003 which was also dismissed on 28.11.2003. Now coming to the point of recruitment costs, nothing is clearly written and this is not unique for Saudi. 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 government through direct recruitment, where either higher duties and responsibilities are involved or not, as the case may be, under FR 22-B(1), in the 7th CPC (7th Pay Commission) scenario. So you are not eligible for any pay protection under the said rule. Reasons: Why Sriharikota Is The Ideal Launch Site For ISRO? The purpose behind grant of pay protection was to draw talent from organisations like PSUs. 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. if the employee wishes to leave then they must submit an official resignation with one month notice period with pay. If any person apply for lower post then there is no provisions to protect the pay. only if the officer has completed the period of probation successfully for being regularised / confirmed in the post in the parent organization. You will get pay protection despite not finishing the probation period. Do you want to clear all the notifications from your inbox? Download 7th Pay Commission Pay of Protection PDF Order, To start receiving timely alerts, as shown below click on the Green lock icon next to the address bar. Technical resignations are not possible within a year of joining the post since the probation is incomplete. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! 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. A probationer continuing past the probation period will not automatically become a permanent employee and the employer has rights to extend the probation period till it is satisfied the probationer is fit for confirmation. 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You should file writ petition before High court against NIT for considering you for pay protection. It's quick, easy, and anonymous. As noticed earlier, petitioner had taken grounds in the OA which contains such a challenge even if a specific prayer for it being declared as ultra vires or illegal had not been made. Nagarajan v. State of Karnataka reported at and State of Kerala V. P.T. As a special case, VSNL issued a certificate to the petitioner on 14.8.2001 certifying his 'deemed confirmation'. Its quick, easy, and anonymous! On perusal of the affidavit, the response of the respondents may be noted: It can be safely assumed that the DOPT has ensured that all the objectives which were prescribed by the OM dated 10-7-1998 have not been transgressed by its decision to reject applicant's representation. Resignation in other cases including where competent authority has not allowed the Government servant to forward the application through proper channel will not be treated as a technical resignation and benefit of past service will not be admissible. You are not officiating higher post after completion of probation. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! If his services are not satisfactory which means that he is not suitable for the job, then the employe has a right to terminate the services as a reason thereof. Get live Share Market updates and latest India News and business news on Financial Express. Send a legal notice, review a legal document, etc. It is clarified Page 1362 that the benefit of pay protection under the above orders is available only if the selection is through interview and not through an open competitive examination. 13. 2) delhi HC has held distinction sought to be drawn between candidates selected from non government bodies through interview and those selected through open competitive examination is sans rationale justification. Furthermore, in the absence of such a challenge, the Tribunal refused to question the rationale of the said OM. 1642(1 (Pay-Tech) 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. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! Ask a question and receive multiple answers in one hour. Unfortunately, due to health reasons, I won't be able to provide the standard two weeks of notice. If you have given proper resignation and apply to another central organisations plus provided same reason in the resignation application. you would be entitled to benefits of technical resignation as you have followed all the guidelines laid down by the govt, 2) draw attention of the authorities to judgment cited herein above of Delhi HC, 3) if you are denied benefit file application before CAT and not CESTAT as inadvertently mentioned in my reply. (1) These rules may be called the Central Civil Services (Temporary Service) Rules, 1965. The pay fixation is to be made by the employing Ministries/Departments after verification of all the relevant documents to be produced by the candidates who were employed in such organizations. has been engaging the attention of the Government for some time. In these circumstances, we hold that the distinction sought to be drawn between candidates selected from non government bodies through interview and those selected through open competitive examination is sans rationale justification. (3) Subject to the provisions of sub-rule (4), these rules shall apply to all persons:- Further, the benefit would be available to an officer coming from PSU etc only if the officer has completed the period of probation successfully for being regularized/confirmed in the post in the parent organization. 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. You can submittechnical resignation as per your convenience and the requirement that is ahead of you. As a result of this, it has not been possible for Government to draw upon the talent that is available in non-government Organizations. 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Protecting the pay of one and not protecting the pay of the other set of candidates is completely arbitrary and illogical. Since your position is not yet confirmed and also due to joining on lower pay grade, Pay protection may not available. 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. He would also draw annual increments on such presumptive pay. 3020 of 2002 before the Tribunal praying inter alia for quashing letter dated 9.7.2002 and 7.8.2002 along with directions to the respondent for fixation of his pay in terms of OM dated 7.8.1989. 4.The above mentioned pay protection under FR 22-B (1) will be available to the Government servant if he holds a lien on his previous permanent post. Sample 4: "Resignation letter for a probationary employee". You should get pay protection if you submit technical resignation and go through proper channels, obtain in writing from your new employer that you would be granted pay protection. We have already noticed that it is within the purview of the Tribunal or the Court to mould the relief in such circumstances.
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