How Can I Secure My Increment After a Technical Resignation and Promotion?

Sir/s, I have worked as a Section Officer in a College of the University of Delhi, and my pay in PB-2 was Rs. 23,740/- + Rs. 5,400/- Grade Pay on 1.7.2011. I was appointed as an Officiating Administrative Officer w.e.f 01.8.2011, and thereupon my pay was Rs. 23,740 + Rs. 5,400/- (GP) + Rs. 2,000/- Officiating Pay till I joined the same post (Administrative Officer, through direct recruitment) on 22.3.2012 after a technical resignation. The University protected my pay (Rs. 23,740- + GP 5,400/- in PB-3) with the next date of increment on 1.7.2013.

To be on the safer side, I have given an option within one month for the fixation of pay w.e.f. 1.7.2012. I got no monetary benefit on regular appointment. On the other side, I suffered a 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 the 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 a loss of one increment. As a matter of natural justice, my pay should not be less than what I could get in my old post. Kindly guide me on this matter and quote the rule under which I can give my representation to get an increment on the anniversary of the increment on which it falls due.

Seniority and Pay Protection After Resignation

Are you treated as a fresh appointee as an Administrative Officer since you have resigned from the Section Officer's post, and is your seniority (past service as a Section Officer) protected?

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

Sir, I am entitled to pensionary benefits due to my GPF option since I joined service at the University of Delhi 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 a lien on my permanent post (Section Officer).

Regards,
Yashpal Talan

It appears that you have been treated as a fresh appointee in Pay Band-3 since you were selected through direct recruitment and not through a promotion process. Had you been promoted to the Administrative Officer's Post from the Section Officer's Post, you probably would have received an increment on 1-7-2012. However, when past service is protected for pensionary and retirement benefits, 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.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

The service rules applicable to the employees of the University of Delhi are the same as those applicable to Central Government employees. Hence, I want my pay to be fixed under FR22 so that I do not lose my increment on July 1, 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

Pay Protection and Eligibility of Past Service for Annual Increment

In cases of the appointment of a government servant to another post in the government upon acceptance of a technical resignation, pay protection is provided in terms of the Ministry of Finance OM No. 3379-E.II:l (B)/65 dated 17th June 1965, read with the proviso to FR 22-B. Thus, if the pay fixed in the new post is less than the pay in the post held substantively, the servant will draw the presumptive pay of the pay held substantively as defined in FR-9(24).

Past service rendered by such a government servant is taken into account for reckoning the minimum period for the grant of an 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 their earlier post, they will be entitled to increments for the period of absence from that post.