pay protection on technical resignation during probation period

1. Had it been of clarificatory nature, the benefit of O.M. if the employee wishes to leave then they must submit an official resignation with one month notice period with pay. If you decide to go this route, word your resignation to highlight how it is with great regret you feel compelled to resign, how you greatly admire . The pay fixed under this formulation will not exceed the maximum of the scale of the post to which they have been recruited. 12/1/96-Estt. 1. 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. His selection procedure had interview as an important component and he had completed his probation period and was issued a certificate of deemed confirmation by VSNL. So you are not eligible for any pay protection under the said rule. In cases of appointment of a Government servant to another post in Government on acceptance of technical resignation, the protection of pay is given in terms of the Ministry of Finance OM No. Protection of Pay in new post while resigning during probation period 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. All rights reserved. 4.1 on 5.0. Petitioner appeared for the All India Civil Services Examination. Despite the fact that the petitioner's service in VSNL was not confirmed in writing at the time of his resignation, yet on the basis of probationary reports received, it was certified that petitioner had successfully completed the probation period and would have been confirmed in the Company's services, had he continued in the Company. Pay Protection, eligibility of past service for . (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. 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. And I'll be pretty much starting at the new place right after I resign. 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. If the present employer is giving the reason for not consideringyour benefitsunder technical resignation, you may first give a representation to the top management of thecompany seeking its intervention and accede to your request to sanction all the benefits as you hav resignedunder technicalresignation. Therefore denial of pay protection benefit to the petitioner is unjustified and illegal. (C) Manner of fixation of pay of central government employee under FR 22-b(1) consequent to his appointment to a post in equivalent level post through direct recruitment, where higher duties and responsibilities are not involved: 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. Yes you are eligible for pay protection and other benefits because of technical resignation. 4117 of 2004 seeking to formally add the prayer for quashing OM dated 10.7.1998 to the extent that the pay protection would be only given if the selection is through interview and not through open competitive examination. Reasons can only be those which are contained in an d reflected from the record. Shivendra Pratap Singh Advocate, Lucknow 5127 Answers 78 Consultations 4.9 on 5.0 A candidate has to fulfilll the following requirements to get the benefit of OM of 1989 and even of OM of 1998: (i) candidate must be working in Public Sector Undertakings, Universities, Semi-Government or Autonomous Institutions or Autonomous bodies. - Hence, you are entitled for pay protection , as you have applied after getting the NOC and your resignation is technical resignation. "If the foreign worker wishes to terminate the employment contract during the probationary period, to leave the State, he shall notify the employer of the same in writing not less than 14 days from the date specified for . 3. 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. All rights reserved. Reasons: Why Sriharikota Is The Ideal Launch Site For ISRO? 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. Relevant extracts from the OM dated 7.8.1989 are quoted herein below for ready reference: 1. The objective of the Memorandum of 1998 and that of 1989 is admittedly to draw best talent from the P.S.Us and other Government Undertakings to enable them to join the Government and render services. and conditions of service of employees whose pay is adversely affected by organisational change , it means to allow the individual to find another post at their original pay band or to adjust to the lower salary within the protection period. PDF No. 28020/1/2010-Estt.(C) Government of India Ministry of Personnel Accordingly the UPSC in consultation with DoPT decided that the benefit should be confined to cases of selection by interview. 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. you should file a writ before the high court. Have you completed probation period of your previous job till date or you're still on probation period. 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. The NOC given to you is more than enough even though you have applied for the desirous post directly and not through proper channel. Send a legal notice, review a legal document, etc. It's quick, easy, and anonymous. FR 22-B: Governs fixationofpayofa government servant who is appointed as a probationer or on probation or as an apprenticeinanother service/cadre. All rights reserved. 1) Annexure A8 OM of the DoPT dt. You will get pay protection despite not finishing the probation period. Rs. - Since you have applied after getting NOC through proper channel , then it will considered as technical resignation , and you are entitled for pay protection. 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 and that his resignation may be treated a 'technical resignation' 2)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. Subsequently, on successful completion of his probation, his pay will be fixed under FR 22(l)(a)(1). - 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. Nagarajan v. State of Karnataka reported at and State of Kerala V. P.T. 7th Pay Commission Latest News: In another encouragement for the central government employees, the Govt. Hence if representations have failed then file a case in CAT. What you need to do is to file an OA. . The Ministry proceeded on the basis that the pay fixation of the candidates working in PSUs, is to be done under OM No. (33) of 2021 regarding the regulation of employment relationship: "The employer may appoint the worker under a probationary period not exceeding (6) six months from the date of commencement of work." PDF No.28020/1/2010-Estt(C) Fathers Day: How much money should you have before planning to become a dad? this regard, Sanjog Kapoor vs Union Of India (Uoi) And Ors. If you have tendered a technical resignation then you will have pay protection. Indian Railways plans to launch semi-high speed trains to every state by THIS month All details here, Cyclone Biparjoy: Irdai directs insurers to fast-track claim settlement process, Financial disputes: What can be done for faster resolution online, Small Cap Mutual Fund returns jump up to 49% in one year: Top 5 Schemes, Sundaram Mid Cap Fund turns Rs 1 lakh into Rs 80 lakh since inception Key points, How Fintech is driving change in Indias lending landscape in sub-urban regions. It is the petitioner's case that he meets the above parameters. Pay protection - technical resignation from govt. to join another Technical resignation - Indian Kaanoon TR benefit not available during probation period whoever provide NOC, dose not matter. We may observe here that though it is true that though no specific prayer was made by the petitioner to quash OM of 1998 but nonetheless the same is inherent in the case set up by the petitioner and is also one of the grounds specifically taken. On 01.07.2019 - Rs. 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. Technical resignations are not possible within a year of joining the post since the probation is incomplete. 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. Sir it requires detailed study of your case and consultation with me. 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. 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. 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. 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. Protecting the pay of one and not protecting the pay of the other set of candidates is completely arbitrary and illogical. What is the right approach to quit a job during probation period for a (1) These rules may be called the Central Civil Services (Temporary Service) Rules, 1965. 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. 3379-E.III (B)/65 dated the 17th June, 1965 It can be done internally. While applying through proper channel, the employer forwards the application to the concerned authority which did not happen in your case. Yes you are eligible as per the central govt service rules. 3379-E.III (B)/65 dated the 17 th June . Petitioner, in order to join the civil services, resigned from VSNL on 20.9.1999 by giving one month notice applicable to a probationer. 2. 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. 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. 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. 2) you have applied through proper channel your resignation has been accepted. 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. Technical Resignation and Lien - Consolidated Instructions - GConnect You need to check with your HRD for proper channel application that process may be different or same like NOC. You don't need judgments at this stage. 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. 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. 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 . Get legal answers from lawyers in 1 hour. 8. PDF F. No. 12/2/2017-Estt(Pay-I) - dtf.in You can always ask - the worst case scenario is they say "no". The benefit of pay protection is available to the Government servants on their recruitment by selection through UPSC, subject to fulfilllment of certain conditions. technical resignation to the erstwhile employer, i.e., CIL and on being relieved on 17.10.2017, joined CEL on 18.10.2017, as . It may be noted that between 1989 and 1998 large number of officers of various services including members of IRS were appointed as direct recruits through selection by UPSC by way of all India competitive examination and were granted the benefit of pay protection. Pay protection from central govt during probation technical resignation
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