Increment After Technical Resignation - CiteHR
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Sir/s, I have worked as Section Officer in a College of University of Delhi and my pay in PB-2 was Rs.23740/- + Rs.5400/-Grade Pay on 1.7.2011. I was appointed as Officiating Administrative Officer w.e.f 01.8.2011 and thereupon my pay was Rs.23740+Rs.5400/-(GP)+Rs.2000/- Officiating Pay till I joined same post (Administrative Officer, through direct recruitment) on 22.3.2012 after technical resignation. The University protected my pay (Rs.237400- + GP5400/- in PB-3) with next date of increment on 1.7.2013. To be on safer side, I have given option within one month for fixation of pay w.e.f. 1.7.2012. I got no monetary benefit on regular appointment. On the other side, I suffered loss of one increment which I could get on 1.7.2012 in my old post which I am not getting the same (increment on 1.7.2012) as I have not completed qualifying period of 6 months on 1st July 12.

As a result of my upward movement through direct recruitment from Section Officer to Administrative Officer in the same Institution I suffered loss of one increment. As a matter of natural justice my pay should not be lesser than that I could get in my old post. Kindly guide me in this matter and quote the rule under which I can give my representation in order to get increment on the anniversary of increment on which it falls due.
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Are you treated as fresh appointee as an Administrative officer since you have resigned from Section Officer's post and is your seniority(past service as Section officer) protected?
B.Saikumar
HR & Labour Law Advsior
Mumbai
Sir, I am entitled to pensionary benefits due to my GPF option since I joined service in University of Delhi i.e. in 1985. The University has protected my past service in terms of service/retirement benefits. As per University rules, I am on probation for one year in my present post (Administrative Officer) and holding lien on my permanent post (Section Officer).
Yashpal Talan
It appears that you have been treated as a fresh appointee in Pay band-3 since you cam to be selected through direct recruitment but not through a promotion process. Had you been promoted to Admn.Officer's Post from Section Officer's Post, probably you would have been given increment on 1-7-2012. However when the past service has been protected for pensionary and retirement benefits, the other benefits flowing from such service can also be protected.All the same, the fitment and pay fixation of serving employees will be governed by the service rules which are binding on you as an employee. You may verify the service rules and precedents in this regard to make out any case for you.
B.Saikumar
HR & Labour Law Advsior
Mumbai
The service rules applicable to the employees of University of Delhi are the same as applicable to the Central Government employees. Hence, I want my pay to be fixed under FR22 so that I do not lose my increment on 1.7.2012. My case can be seen in the light of the case IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBJECT : SERVICE MATTER
LPA NO. 690 OF 2001
Date of Decision : March 3, 2009.
SHRI G.R.CHAWLA & OTHERS
VS
DELHI DEVELOPMENT AUTHORITY & OTHERS
Talan sir, what are the latest updates.
please me know as i have the same issue.
2.4 Pay Protection, eligibility of past service for reckoning of the minimum period for grant of Annual Increment
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. 3379-E.II:l (B)/65 dated the 17th June, 1965 read with proviso to FR 22-B. Thus, if the pay fixed in the new post is less than his pay in the post he holds substantively, he will draw the presumptive pay of the pay he holds substantively as defined in FR-9(24). Past service rendered by such a Government servant is taken into account for reckoning of the minimum period for .grant of annual increment in the new post/ service/ cadre in Government under the provisions of FR 26 read with Rule 10 of CCS (RP) Rules, 2016. In case the Government servant rejoins his earlier posts, he will be entitled to increments for the period of his absence from that post.
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