Question: Pay protection: I had been working as Scientist B in Central Silk Board, Ministry of Textiles, (GOI) with a capacity of 15600-5400 and as per 7 Pay commission, level is 10 from November 2015 to April 2019. I applied for the post Assistant Professor in Acharya Narendra Deva University of Agriculture and Technology (State Agricultural University), Ayodhya, U. P. in 2019. My joining was technical resignation and joined immediately next date after relieved from my past job. Then I approached administration with proper written documents. However, it was totally futile and my requisition was rejected. My present post scale same i.e. 15600+6000 AGP and same level in 7 CPC. There point is to rejecting my application is grade pay is different and not at all equivalent to the present post. I request you to ask how to protect my pay. Whether am I eligible or not and moreover, can I approach for past service counting since the scale is same and only difference is grade pay. Please give the right solution for the above situations.
In your situation, seeking pay protection and the counting of past service in light of Indian laws involves understanding specific provisions related to technical resignation, pay protection, and the equivalence of posts under Central Government rules. Here’s how you can approach the matter:
Under the **Central Civil Services (CCS) Rules**, an employee who has technically resigned from one government post to join another government post is eligible for pay protection. The **Office Memorandum (OM) dated 17th August 2016** from the Department of Personnel and Training (DoPT) specifically addresses pay protection on technical resignation, stating that it is applicable when the new post is in the same pay scale or a higher pay scale. Considering both your previous and current posts fall under the same pay scale (₹15600 + 5400 GP to ₹15600 + 6000 AGP) as per the **7th Pay Commission**, the equivalence argument holds substantial weight.
Regarding **grade pay equivalence**, the primary issue raised by the administration seems to be the difference in grade pay. However, given that the basic pay structure is the same and falls under the same level as per the 7th CPC, this should not ideally affect the pay protection eligibility. Look for any past precedents or case laws where similar cases were ruled in favor of the employee, such as higher judiciary cases where technical resignations were accepted for pay protection.
To address the matter with the university administration, submit a formal representation to the Vice-Chancellor or Registrar of Acharya Narendra Deva University of Agriculture and Technology. Attach all relevant documents, including previous service records, the OM from DoPT regarding pay protection, and a detailed explanation of the pay equivalence under the 7th Pay Commission. Additionally, utilize the university’s internal grievance redressal mechanism, clearly stating that your request aligns with central government rules on technical resignation and pay protection.
If internal mechanisms fail, you can file a case with the **Central Administrative Tribunal (CAT)**, which handles disputes and complaints regarding service matters of public sector employees. Your legal petition should highlight your technical resignation and immediate joining, maintaining continuity, your pay protection rights under the CCS Rules and DoPT OMs, the equivalence of the pay scale as per the 7th CPC, and any precedents supporting your case.
