-As per rule, Pay protectionis a way of safeguarding thepay. 3379-E.III (B)/65 dated the 17th June, 1965, 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, and is on selection, required to resign from the previous post for administrative reasons. You shall get such salary till your whole service. Technical Resignation in Central Services - Master Circular Subsequently, on successful completion of his probation, his paywill be fixed under FR 22(l)(a)(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. Have you completed probation period of your previous job till date or you're still on probation period. And I'll be pretty much starting at the new place right after I resign. Technical resignation - Indian Kaanoon Therefore denial of pay protection benefit to the petitioner is unjustified and illegal. Stay updated with all the happenings around the globe. Therefore inform the department they will forward your application and a decision would be taken upon and thence you can join. It's quick, easy, and anonymous! 7th Pay Commission: DOPT Issues 'Protection Of Pay - Careerindia 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. technical resignation to the erstwhile employer, i.e., CIL and on being relieved on 17.10.2017, joined CEL on 18.10.2017, as . 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. if the employee wishes to leave then they must submit an official resignation with one month notice period with pay. has been engaging the attention of the Government for some time. As per the Ministry of Finance OM No. He submitted that they had found the department indulging in anomalies where persons, who had participated and made it through open competitive examinations were given pay protection. Pay protection means enhanced starting of salary compared to the similarly situated other employees of the new department who had been given direct appointments. We have already noticed that it is within the purview of the Tribunal or the Court to mould the relief in such circumstances. 6. 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. 9. It is the petitioner's submission that the Tribunal did not go into the challenge to the OM dated 10.7.1998 despite a review application being filed. The benefit of pay protection would be available to an Officer coming from PSU etc. We are informed that the petitioner's pay scale as on 9.6.1999 in VSNL would be in the scale of Rs. You can submittechnical resignation as per your convenience and the requirement that is ahead of you. We are informed that the petitioner's pay scale as on 9.6.1999 in VSNL would be in the scale of Rs. 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. To Start receiving timely alerts please follow the below steps: For great career opportunity, get instant updates on Education, Career & Job, Story first published: Wednesday, August 12, 2020, 17:51 [IST]. Get legal answers from lawyers. 'Can I resign from my job during probation under the new - The National Since your position is not yet confirmed and also due to joining on lower pay grade, Pay protection may not available. 2) you have applied through proper channel your resignation has been accepted. period of 8 years from the date of his initial appointment under Government. Resignation during probation period - Lawyersclubindia 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. Yes a technical resignation means that you will get adequate job experience benefits and pay benefits. The benefit of past service is allowed in such cases subject to the fulfilment of the following conditions :-"i. the Government servant should intimate the details of such application immediately on their joining;ii. It is advisable that while terminating the services of a probationer, the language should be simple, unambiguous and non-stigmatic. You have to check the terms and conditions of the appointment and if one month salary in lieu of notice period is admissible then you can leave on day one of your submitting resignation letter. No stepping up of pay of senior government employee shall be allowed on the basis of the pay protection granted under FR 22-B(1) to junior Government employee of that particular service/cadre. The OM order concerning the 'protection of pay' in accordance with 7th Pay Commission scenario is based on a few provisions under FR 22-B, which states that -. Accordingly the UPSC in consultation with DoPT decided that the benefit should be confined to cases of selection by interview. MAXIMUM EMPLOYMENT PROBATION PERIOD IN THE UAE As per Article 9 (1) of Federal Decree-Law No. My last day at the company will be this Friday, October 15, 2022. Resigning during probation period - can I ask for a different role? only if the officer has completed the period of probation successfully for being regularised / confirmed in the post in the parent organization. If any person apply for lower post then there is no provisions to protect the pay. 2. in vineet narayan case the supreme court has held that classification on the ground of selection process is discrimination against the employee discharging same duty. 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. on 20 April, 2007. 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. Download 7th Pay Commission Pay of Protection PDF Order, To start receiving timely alerts, as shown below click on the Green lock icon next to the address bar. Mr Kait appearing for the Union of India had sought to urge that the objective of attracting talent to government services is not achievable by extending the benefit of pay protection to those PSU employees who come through open competitive examination. But again, this can be used . Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! 01.04.2020, the pay of the officer would be fixed under FR 22 (I) (a) (2). 7th Pay Commission Latest News: In another encouragement for the central government employees, the Govt. He would also draw annual increments on such presumptive pay. Technical resignation is not possible during probation period. Jul 25, 2021 at 17:16 1 A gap because of being at this company for like 2 months during this probabtion. This he said does not serve the purpose of attracting best talent and it would also be beyond the purview of the OA to go into the question of rationale for the policy. What is the right approach to quit a job during probation period for a Due to technical resignation you will get the past service benefits in your new organisation. 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. We have heard the parties and perused the documents available on record, along with the written submission filed. If you have given proper resignation and apply to another central organisations plus provided same reason in the resignation application. On perusal of the affidavit, the response of the respondents may be noted: It can be safely assumed that the DOPT has ensured that all the objectives which were prescribed by the OM dated 10-7-1998 have not been transgressed by its decision to reject applicant's representation. You may be required to submit a regular resignation. However, there will be no stepping up of pay of senior government employees shall be permitted on the basis of the pay protection granted under FR 22-B(1) to junior government employees of that particular service/cadre. 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. 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. You will be eligible for NIT pay scale once that probation period is over. Click on the Menu icon of the browser, it opens up a list of options. Share. The best talent is drawn through the Civil Services Examination. Pay protection may not be granted as the gp difference is high and new one is very low. The undersigned is directed to refer to the subject mentioned above and to say that various instructions have been issued by the Government from time to time regarding Technical Resignation, and the service conditions under which a lien of a post of Government employee can be a retained, terminated or transferred. Resignation in other cases including where competent authority has not allowed the Government servant to forward the application through proper channel will not be treated as a technical resignation and benefit of past service will not be admissible. (C) Government of India 4 Answers Technical resignation means employee became unfit for the job and no need of rehabilitation. You can always ask - the worst case scenario is they say "no". Check rules, Dearness Allowance hike news: 16% increase in DA rate for these Central Government Employees, Effective investment strategies for early repayment of home loans, Copyright 2023 The Indian Express [P] Ltd. 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(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. Until this time, the current rules apply. 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. 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. 1. He would also draw annual increments on such presumptive pay. 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. 83,300 (Level 11) On successful completion of his probation period and on confirmation w.e.f. 1. You should get pay protection if you submit technical resignation and go through proper channels, obtain in writing from your new employer that you would be granted pay protection. You are eligible for the benefits under technical resignation. However, it is to be ensured that during probation presumptive pay should always be greater than the pay of the new post after drawing the increment(s). 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. Accordingly, his pay in Level 7 on 01.04.2020 would be Rs. 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. View OM - CCIS 2. However, it is to be ensured that during probation presumptive pay should always be greater than the pay of the new post after drawing the increment(s). OM of 1998 purported to exclude selection through an open competitive examination and restrict the benefit to selection through interview only vide OM of 1998. Riyadh. acceptance of technical resignation, the protection of pay is given in terms of the Ministry of Finance OM No. 12/1/96-Estt. 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. 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. 1642(1 (Pay-Tech) 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. Get legal answers from lawyers in 1 hour. As per the Ministry of Finance OM No. - Hence, you are entitled for pay protection , as you have applied after getting the NOC and your resignation is technical resignation. No such pay protection is granted to candidates working in Public Sector Undertakings, Universities, Semi Government Institutions or Autonomous bodies when they are so appointed in Government. Pay protection - technical resignation from govt. to join another The provisions of FR 22-B(1) provides Notwithstanding anything contained in these Rules, the following provisions shall govern the pay of a government employee who isappointed as a probationer in another service or cadre, and subsequently confirmed in that service or cadre-. Resignation during probation period. - Saudi Arabia forum - Expat.com Lawyers are available now to answer your questions. 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. The question whether the objective underlying the above orders could be achieved through open competitive examination in which the employees from Public Sector Undertakings etc also appear, has been considered. 3379- E.III(B)/65 dated 17th June, 1965 read with proviso to FR 22-B. FR 22-B: Governs fixationofpayofa government servant who is appointed as a probationer or on probation or as an apprenticeinanother service/cadre. Ask a question and receive multiple answers in one hour. 08.04.2016 whereby consolidated guidelines were issued regarding the manner in which the matter of technical resignation was to be dealt with. 3379-E.III (B)/65 dated the 17th June, 1965 No decision has any blanket applicability unless it has similar situation with regard to same service regulations. Here click on the Settings tab of the Notification option. 4. 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. Yes you are eligible as per the central govt service rules. PDF $~ IN THE HIGH COURT OF DELHI AT NEW DELHI - Prime Legal Lawyers are available now to answer your questions. The above response does not help us in understanding the rationale, if any, for the action of the respondents. 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. 14. 1. 3) 2.4 Pay Protection, Eligibility of past service for reckoning of the minimum period for grant of Annual Increment. PDF No. 28020/2/2018-Estt.(C) Government of India Ministry of Personnel - Hence, as you are going through proper channel , then you will get pay protection in the new job under the term Technical resignation. 80,900 (Level 11) Rs. The undersigned is directed to say that as per extent rules/orders on the subject, pay protection is granted to candidates who are Page 1361 appointed by the method of recruitment by selection through the UPSC, if such candidates are in government service. . - 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. b) On confirmation in the service/post after the expiry of the period of probation, the pay of the Government sen/ant shall be fixed in the time-scale of the service or post in accordance with the provisions of Rule22 or Rule 22-C, as the case may be", Breaking News: Schools Unlikely To Reopen On September 1, Final-Year College Exams To Be Conducted, The order governing the 'protection of pay' in accordance with 7th Pay Commission scenario and 7th cpc pay matrix norms is fixed in the following manner for different levels of appointment as elucidated in DoPT OM, which states-. 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