It requires no elaborate explanation that in the present global and economic scenario in the world, attractive terms in the corporate and other sectors are offered to draw the best talent. immediaitely or on the termination of aperiodorperiodsof absence, a post, including a tenure. The OM further states that consequent upon the implementation of 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 a probationer in another service or cadre either carrying higher responsibilities or not, as the case may be and subsequently confirmed in that service or cadre. Petitioner had cited the cases of Page 1365 Shri P.V.Gupta, Section Officer in the Ministry of Rural Development; Kumari C.T.M.Suguna who was selected to Indian Administrative Service and was earlier working in Indian Overseas Bank; Shri Dalip Kumar who was appointed as ICAS in 1993 and was earlier working in the State Bank of India and Shri Rajesh Kumar, Sector Officer in the Ministry of Human Resource Development. Once the changes is done, click on the Save Changes option to save the changes. Therefore in view of the foregoing discussions , we set aside orders dated 28.11.2003, 12.8.2003 as well as letters dated 9.7.2002 and 7.8.2002 and allow the writ petition holding petitioner eligible for pay protection. Here you are not in lien. You have to approach Central Administrative Tribunal for solution of your grievances against injustice being caused to you by your postal service department. PDF No.28020/1/2010-Estt(C) Get legal answers from lawyers in 1 hour. Technical Resignation and Lien - Consolidated Instructions - GConnect He would also get his increments on such presumptive pay. Therefore the Tribunal was not correct in dismissing Page 1363 the OA on the technical ground of absence of a specif prayer challenging OM of 1998. Unfortunately, due to health reasons, I won't be able to provide the standard two weeks of notice. 5.No stepping up of pay of senior Government servant . Protection Of Pay To The Central Government Servant - Gservants News 15. 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. He would also draw annual increments on such presumptive pay. 2013-2023 Kaanoon Corporation. The writ petition stands allowed in the above terms. 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. Therefore inform the department they will forward your application and a decision would be taken upon and thence you can join. The OM states that consequent to various references received from Ministries/Departments on protection of pay under FR 22-B(1), a need has been felt to issue guidelines on the manner of fixation of pay in respect of the central government employee who after technical resignation, is appointed to new post in the different service or cadre in Central Government through direct recruitment where either higher responsibilities are involved or not, as the case may be, in 7th Central Pay Commission scenario. 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. 7th Pay Commission Latest News Today: The Department of Personnel and Training of the Ministry of Personnel, Public Grievances and Pensions has issued an Office Memorandum (OM) regarding the protection of pay to the central government employee consequent to appointment to a new post in different service or cadre in 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 Central Pay Commission (CPC) Scenario. 1.1.1997. 4 Answers Technical resignation means employee became unfit for the job and no need of rehabilitation. All rights reserved. This benefit is also admissible to Government servants who applied for posts in same or 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. You should file writ petition before High court against NIT for considering you for pay protection. The above response does not help us in understanding the rationale, if any, for the action of the respondents. lienas contained in relevant FRs are given as follows:Y. It is in this background that attempt by the Government to attract best talent to Government Service from P.S.Us has to be considered. Tribunal proceeded on the ground that OM dated 10.7.1998, on which reliance was placed by the respondents to defend its action of refusing to grant pay protection, has not been challenged by the petitioner. (iv) Rejection of petitioner's prayer for pay protection and re-fixation of pay was conveyed on 7.8.2002 by respondent Chief Commissioner of Income Tax informing that respondent Ministry of Finance, vide its letter dated 9.7.2002, had rejected the petitioner's prayer. 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. Lawyers are available now to answer your questions. 3379-E.III (B)/65 dated the 17th June, 1965 read with provisions of FR 22- . You are entitled to pay protection and other benefits on technical resignation. The period of probation may, in some cases, be for a fixed period, i.e., six months or for one year or it may be expressed simply as on probation without any specification of any period. 1. you have fulfilled all the criteria so you all the benefits should be given to you. It is advisable that while terminating the services of a probationer, the language should be simple, unambiguous and non-stigmatic. Its quick, easy, and anonymous! As a special case, VSNL issued a certificate to the petitioner on 14.8.2001 certifying his 'deemed confirmation'. Pay Protection, eligibility of past service for reckoning of the minimum period for grant of annual Increment. Subsequently, on successful completion of his probation, his pay will be fixed under FR 22(l)(a)(2). (iii) Petitioner submitted a representation to the Head of his Department on 7.2.2002, seeking protection and re-fixation of his pay as per the guidelines issued by the Government of India dated 7.8.1989. You can always ask - the worst case scenario is they say "no". You need to check with your HRD for proper channel application that process may be different or same like NOC. 1.1.1997. - Hence, you are entitled for pay protection , as you have applied after getting the NOC and your resignation is technical resignation. This order takes effect from Jan 1, 2016. Refusal of technical resignation during probation period 2. OFFICE MEMORANDUM Subject: Protection of pay to the Central Government Servant consequent to appointment to a new post in different service or cadre in Central Government, through direct recruitment where either higher duties and responsibilities are involved or not, as the case may be, under FR 22B (1), in the 7th CPC Scenario-regarding. In our view the OM of 1998 will apply to the petitioner as he was taken in Government employment subsequently. 1. 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. What you need to do is to file an OA. On successful completion of his probation, his pay will be fixed under FR 22(l)(a)(2). (Pay-I) dated 10.07.1998] III. Get legal answers from lawyers in 1 hour. Pay protection in the case of a Direct Recruit is available only in a case where the individual held a lien to his old post on his confirmation in the old post. What is the right approach to quit a job during probation period for a You may have to tender the resignation stating it as technical resignation . 3379-E.III (B)/65 dated the 17th June, 1965 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. Reasons: Why Sriharikota Is The Ideal Launch Site For ISRO? 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. (iii) Selection should be through a properly constituted agency including departmental authorities making recruitment directly. 3020/2002 and order dated 28.11.2003 in R.A. No. Resignation submitted for other reasons or if competent authority has not allowed him to forward his application through proper channel is a resignation and benefit of past service will not be admissible. (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. Pay protection on joining lower pay grade may not permitted. Wherever the protection under the above orders is to be given, the Commission will indicate in its recommendation letter to the Ministry concerned that pay of such candidate(s) should be fixed as per the guidelines laid down in the above orders. 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. Babu (Querist) 27 April 2012 @ Raj kumar sir 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. The technical resignation is submitted to the department head and the procedure slightly varies. On 01.07.2019 - Rs. 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. The official order on 'protection of pay' to the central employees in accordance with 7th Pay Commission scenario takes effect from 1 January, 2016. 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. PDF No. 28020/1/2010-Estt.(C) Government of India Ministry of Personnel Send a legal notice, review a legal document, etc. 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. Get legal answers from lawyers in 1 hour. Accordingly, his pay in Level 7 on 01.04.2020 would be Rs. 5481 OF 2011(Supreme court) [Arising out of SLP (C) No. As per the Ministry of Finance OM No. . Roshana reported at 1979 (2) SCR 947. 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. PDF $~ IN THE HIGH COURT OF DELHI AT NEW DELHI - Prime Legal 78,500 (Level 11) Rs. 3379- E.III(B)/65 dated 17th June, 1965 read with proviso to FR 22-B. - 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. in technical resignation, Your pay will not be reduced on account of joining the new. 'Can I resign from my job during probation under the new - The National (C) Government of India 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. 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. Temporary Service Rules | Department of Personnel & Training Lawyers are available now to answer your questions. In fact to prevent brain drain, entrepreneurs and industries keep on evolving various methods. protection against indiscriminatetermination of employment and termination benefits. 2013-2023 Kaanoon Corporation. At the present time, all employees, whether on probation or permanent, must provide 30 days' notice when resigning as per Article 117 of the Labour Law, which states: "The employer and the worker may terminate the employment contract with undetermined term for valid grounds at any time subsequent to . FR 22-B: Governs fixationofpayofa government servant who is appointed as a probationer or on probation or as an apprenticeinanother service/cadre. It's quick, easy, and anonymous. (Electronics and Tele Communication) and holds a Master's degree in International Business. PDF No. 28020/2/2018-Estt.(C) Government of India Ministry of Personnel You are not officiating higher post after completion of probation. You may be required to submit a regular resignation. 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. GET HELP FOR YOUR BUSINESS The following guide for HR, managers and employers focuses on employee rights during probation. Therefore denial of pay protection benefit to the petitioner is unjustified and illegal. 7th Pay Commission: Good News For Central Government Employees As Centre Tweaks Salary Structure. on 20 April, 2007. You can tender technical resignation and can seek pay protection and seniority protection from the new employer as per DOPT rules and prevailing laws in this regard. Shivendra Pratap Singh Advocate, Lucknow 5127 Answers 78 Consultations 4.9 on 5.0 - As per rule, Pay protectionis a way of safeguarding thepay. As a result of this, it has not been possible for Government to draw upon the talent that is available in non-government Organizations. Kindly check this. Subsequently the DoPT received certain cases seeking clarification as to the exact scope of OM dated 7.8.1989 and the conditions under which benefit under that OM is admissible. Lawyers are available now to answer your questions. 2. Pay protection on Technical resignation - Indian Kaanoon Yes, you can resign during your probation period. 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. Here click on the Settings tab of the Notification option. 7th Pay Commission: Govt issues Pay Protection Order for Central 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. Note that my probation period is 3 months. Sir it requires detailed study of your case and consultation with me. It was further submitted that the power of Courts and Tribunal to mould the relief appropriately is well recognized. Get legal answers from lawyers. 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. - Hence, as you are going through proper channel , then you will get pay protection in the new job under the term Technical 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. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! 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Do you want to clear all the notifications from your inbox? 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. If you don't get let go earlier than your 1 month, at least you will have given the other company a heads up and you will have a position ready for you at that time. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! Don`t think so. All rights reserved. Reasons can only be those which are contained in an d reflected from the record. . During the period of probation, the suitability of the recruit/appointee has to be seen. If that happens just call the other company and tell them you were able to get out of the contractual obligations and you can start immediately. 7. Technical Resignation and its benefits & Lien | EXAMSCOMP 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. 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. 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.. . Petitioner in the review petition had given details of several instances where candidates belonging to P.S.Us and selected through open competition by way of civil services examination and others had been given the benefit of pay protection. d. Benefits are admissible even if the employee applied before joining the service and application was not routed through proper channel, provided employee should intimate such application immediately after joining the service. Talk to Advocate Prashant Nayak NOW! 1. If you have given proper resignation and apply to another central organisations plus provided same reason in the resignation application.
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pay protection on technical resignation during probation period