It is submitted that a resignation would be treated as technical resignation if the Government servant had applied through proper channel for the post in the same or some other department and his selection required him to resign the previous post for administrative reasons. In cases of appointment of a Government servant to another post in Government on acceptance of technical resignation, the protection pf pay is given in terms of the Ministry of Finance OM No. 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. Anyways this is a technicality and cannot be a ground for rejection of your candidacy. In these circumstances, we hold that the 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. 3379-E.III (B)/65 dated the 17th June, 1965 read with provisions of FR 22- . lienas contained in relevant FRs are given as follows:Y. Lawyers are available now to answer your questions. He would also draw annual increments on such presumptive pay. 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. 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). immediaitely or on the termination of aperiodorperiodsof absence, a post, including a tenure. Your case is covered by a law ie technical resignation. However, it is to be ensured that during probation presumptive relieving letter is wrong and may be issued to refuse your claim to resume back if you wanted too. He would also draw annual increments on such presumptive pay. 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. 2. It's quick, easy, and anonymous. The following are excerpts of a landmark judgement by the Constitution Bench of the Supreme Court on the status of a probationer and his/her termination from service: An appointment to a permanent post in Government service on probation means, as in the case of a person appointed by a private employer, that the servant so appointed is taken on trial. on 20 April, 2007. 83,300 (Level 11) On successful completion of his probation period and on confirmation w.e.f. 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. Be that as it may, in the writ petition, there is a specific challenge to the vires and validity of the said Memorandum of 1998. and conditions of service of employees whosepayis adversely affected by organisational change , it means to allow the individual to find another post at their originalpayband or to adjust to the lower salary within theprotectionperiod. You need to check with your HRD for proper channel application that process may be different or same like NOC. (C) Government of India It's quick, easy, and anonymous. 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. You are entitled to pay protection and other benefits on technical resignation, 2) you have applied through proper channel your resignation has been accepted. Subsequently, on successful completion of his probation, his pay will be fixed under FR 22(l)(a)(1). 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. Benefit of lien enjoyed by every officers who are confirmed and retained by parent department till 2 years. Petitioner vide his letter dated 24.7.2001, requested VSNL for issuance of a certificate to the effect that he had successfully completed his probation period with a declaration that the same would be used for the limited purpose of seeking pay protection from Indian Revenue Service. 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. It was further submitted that the power of Courts and Tribunal to mould the relief appropriately is well recognized. Accordingly the UPSC in consultation with DoPT decided that the benefit should be confined to cases of selection by interview. ( 3) It is easier to resign during probation period as the notice interval will be minimal. 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. Sir it requires detailed study of your case and consultation with me. If you have tendered a technical resignation then you will have pay protection. Reasons can only be those which are contained in an d reflected from the record. -Further , Protection of pay drawn in Pay Band against the post held in the previous organization shall be admissible only to such direct recruits who had applied through proper channel for appointment to the post in this department after tendering technical resignation and were holding a post in the previous organization either with same or lower grade pay. The Government servant should intimate the details of such application immediately on their joining. Send a legal notice, review a legal document, etc. Considering that the reasons leading to the formulation of the OM in 1989 was to attract talent from PSUs etc by protecting their pay, we do not see as to how selection through interview alone would draw such talent and not selection through other open competitive examinations of which interview is an important element. the authority accepting the resignation should satisfy itself that had the employee been in service on the date of application for the post mentioned by the employee, his application would have been forwarded through proper channel.". - Since you have applied after getting NOC through proper channel , then it will considered as technical resignation , and you are entitled for pay protection. Talk to Advocate Prashant Nayak NOW! You should file writ petition before High court for claiming pay protection and other benefits. 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. (ii) Appointment should be as a direct recruit. 1. We also found that Memorandum has not laid Page 1366 down any experience or number of years of service as a criteria for availing of this benefit except the probation period. (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. 4.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. Petitioner appeared for the All India Civil Services Examination. His basic pay in the Indian Revenue Services was fixed at Rs.8,000/- in the pay scale of Rs.[deleted]/-. For you current position is on probation period and none of increment pay scale is applicable . 8 Answers The pay protection is allowed before you join an organisation and a technical resignation is required which protects your pay. Get legal answers from lawyers. -As per rule, Pay protectionis a way of safeguarding thepay. If you have tendered a technical resignation then you will have pay protection. . You are required to serve a probation period of 6 months from the date of joining, after which you will be issued a confirmation letter if your performance is satisfactory. Get legal answers from lawyers. 08.04.2016 whereby consolidated guidelines were issued regarding the manner in which the matter of technical resignation was to be dealt with. 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. GET HELP FOR YOUR BUSINESS The following guide for HR, managers and employers focuses on employee rights during probation. - 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. - Further , Protection of pay drawn in Pay Band against the post held in the previous organization shall be admissible only to such direct recruits who had applied through proper channel for appointment to the post in this department after tendering technical resignation and were holding a post in the previous organization either with same or lower grade pay. All rights reserved. Wherever the protection under the above orders is to be given, the Commission will indicate in its recommendation letter to the Ministry concerned that pay of such candidate(s) should be fixed as per the guidelines laid down in the above orders. In fact to prevent brain drain, entrepreneurs and industries keep on evolving various methods. If your resignation was accepted as technical resignation then your pay protection, service seniority and other benefits will be protects. 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. 15. The benefit of past service,ifotherwise admissible under rules, may be giveninsuch cases. Its quick, easy, and anonymous! The benefit of pay protection would be available to an Officer coming from PSU etc. . during joining time on transfer to another post; unless he is transferred . 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. 1. 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. You have to approach Central Administrative Tribunal for solution of your grievances against injustice being caused to you by your postal service department. his old post on his confirmation in the old post. Petitioner in the review petition had given details of several instances where candidates belonging to P.S.Us and selected through open competition by way of civil services examination and others had been given the benefit of pay protection. 3020 of 2002 before the Tribunal praying inter alia for quashing letter dated 9.7.2002 and 7.8.2002 along with directions to the respondent for fixation of his pay in terms of OM dated 7.8.1989. On successful completion of his probation, his pay will be fixed under FR 22(l)(a)(2). 1989 granted to large number of direct recruits similarly placed as the petitioner should have been withdrawn. However, an employee on probation can be terminated during the probation period due to unsatisfactory performance of the employee and the employer would be justified in the termination. (B) Manner of fixation of pay of central government employee under FR 22-b(1) consequent to his appointment to a post in higher level through direct recruitment, where higher duties and responsibilities are involved: A 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. Pay protection on technical resignation - Indian Kaanoon 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. Have you completed probation period of your previous job till date or you're still on probation period. We are informed that the petitioner's pay scale as on 9.6.1999 in VSNL would be in the scale of Rs. My last day at the company will be this Friday, October 15, 2022. He cleared the preliminary examination in May, 1998 and was declared successful in the main examination on 9.6.1999. 2. Facts leading to the filing of the present petition may be noted: (i) Petitioner is a B.E. According to the OM, the central government employees, who after technical resignation, are appointed to new post in the different service or cadre in central government through direct employment, where either higher responsibilities are involved or not, will be extended the 'protection of pay' in accordance with 7th Pay Commission scenario. 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. - Hence, you are entitled for pay protection , as you have applied after getting the NOC and your resignation is technical resignation. Resignation in other cases including wherecompetent authority has not allowed the Government servant to forward theapplication through proper channel will not be treated as a technical resignation andbenefit of past service will not be admissible. The OM by DoPT further declares that upon the implementation of 7th Pay Commission (7th CPC) report and CCS (RP) Rules, 2016, the President is pleased to allow 'protection of pay' in the light of the provisions laid down under FR 22-B(1) to Central Government employee, who is appointed as probationer in another service/cadre either carrying higher responsibilities or not. Pay protection - technical resignation from govt. to join another Please approach HR Department and Co-ordinate with them politely. 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. In addition to the above, the Supreme Court throughanother order has clarified that an employee on probation can be terminated summarily by the employer in clarifying as under: There can be no manner of doubt that the employer is entitled to engage the services of a person on probation. It is idle to contend that there must be other considerations which are not apparent. The selection through open competitive examination in civil services held by the UPSC is admittedly a stringent testing process to ensure the highest standards for bureaucracy. 1. you have fulfilled all the criteria so you all the benefits should be given to you. 'Can I resign from my job during probation under the new - The National (1) These rules may be called the Central Civil Services (Temporary Service) Rules, 1965. The Ministry proceeded on the basis that the pay fixation of the candidates working in PSUs, is to be done under OM No. 15. 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 the previous post for administrative reasons. period of 8 years from the date of his initial appointment under Government. At this stage relevant extracts from OM dated 10.7.1998 may also be noted: (v) Petitioner filed OA No. 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. - 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. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! Note that my probation period is 3 months. has been engaging the attention of the Government for some time. Along with the present petition, the petitioner moved CM No. 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. Technical resignation - Indian Kaanoon Petitioner contended that by no stretch of imagination can the OM of 1998 be deemed as a clarificatory OM as it did not make any distinction between 'selection' through interview and 'selection' through open competitive examination of which 'interview' is an essential component. In the event of such a stage not being available in the post to which they have been recruited, their pay may be fixed at a stage just below in the scale of the post to which, they have been recruited, so as to the minimum loss to the candidates. Such an employment on probation, under the ordinary law of master and servant, comes to an end if during or at the end of the probation the servant so appointed on trial is found unsuitable and his service is terminated by a notice., Thus, where a person is appointed to a permanent post in a Government service on probation, the termination of his/her service during or at the end of that period of probation will not ordinarily and by itself be a punishment, for the Government servant, so appointed, has no right to continue to hold such a post any more than the servant employed on probation by a private employer is entitled to do. The order of pay protection dated 27.3.2001 with respect to one Sh.P.V.Gupta, Section Officer, was produced on record along with few other orders. And now I want to join them for financial reasons and leave my current job during the probation period. You are likely to get the pay protection as per the policy. 3. He would also draw annual increments on such presumptive pay. The Government servant at the time of resignation should specifically make a request, indicating that he is resigning to take up another appointment under the Government for which he applied before joining the Government service; 3. Well on this minuscule information nothing concrete can be advised. The Memorandum provides for pay protection to the persons who opt from the P.S.Us to join Government Service. Yes, you are eligible for the pay protection. 01.04.2020, the pay of the officer would be fixed under FR 22 (I) (a) (2). and conditions of service of employees whosepayis adversely affected by organizational change , it means to allow the individual to find another post at their originalpayband or to adjust to the lower salary within theprotectionperiod. - Further , as the said NOC was issued by the present employer , then even you sent the application and not through the employer , will not effect your eligibility. Accordingly, his pay in Level 7 on 01.04.2020 would be Rs. during probation period from the post of General Manager (HR). If there is no proper response or fruitful result from competent authority, you may file an application before CAT seeking the relief and remedy to this. The matter has been carefully considered and the President is pleased to decide that in respect of candidates working in Public Sector Undertakings, Universities Semi Government Institutions or Autonomous bodies who are appointed as direct recruits on selection through a properly constituted agency including departmental authorities, making recruitment directly, their initial pay may be fixed at a stage in the scale of pay attached to the post so that the pay and DA as admissible in the Government will protect the pay and DA already being drawn by them in their parent organizations. According to article 40 (2) of the labor law, on resignation during probation period, you will have to pay for your costs of repatriation back to your home country i.e. In cases of appointment of a Government servant to another post in . The status of a probationer has been made clear in a plethora of judicial cases and pronouncements. Don`t think so. (i) Rule 35 toFR22is not applicable to the case, much lessFR22-Bis directly covered underSections 40(1),48(2),48(4)of the Act read with 10(3), 10(4), 10(5) of the Regulations and Rule 2 of the General Rulesframed under clause 56 of the Statute. 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. 12/1/96-Estt. If an employees performance is found to be unsatisfactory, the employer can terminate the employees services and the same cannot be construed illegal. Lawyers are available now to answer your questions. 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. 1. acceptance of technical resignation, the protection of pay is given in terms of the Ministry of Finance OM No. Yes you can submit technical resignation in this case. Regards Rahul Mishra Advocate, Lucknow 14000 Answers You can submittechnical resignation as per your convenience and the requirement that is ahead of you. Scroll down the page to the Permission section . Accordingly vide OM dated 10.7.1998 the position was clarified in terms as quoted in para 2(iv) above. The benefit of past service, if otherwise admissible under rules, may be given in such cases. 5481 OF 2011(Supreme court) [Arising out of SLP (C) No. 1. Rao on behalf of the petitioner submitted that it is well settled that if necessary grounds are taken in the petition which form the basis of the petitioner's case, mere absence of a specific prayer does not dis-entitle him to relief based on the said grounds. Pay protection in probation period - Indian Kaanoon As noted above, the Tribunal dismissed the OA vide order dated 12.8.2003 holding that OM dated 10.7.1998, on which the respondents have relied for non grant of benefit of pay protection, has not been challenged by the petitioner and accordingly the rationale behind it cannot be looked at. 2.4 Pay Protection, Eligibility of past service for reckoning of the minimum period for grant of Annual Increment. All rights reserved. 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. 80,900 (Level 11) Rs. Shivendra Pratap Singh Advocate, Lucknow 5127 Answers 78 Consultations 4.9 on 5.0 As per the Ministry of Finance OM No. 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. And I'll be pretty much starting at the new place right after I resign. FR 22-B: Governs fixationofpayofa government servant who is appointed as a probationer or on probation or as an apprenticeinanother service/cadre. METHOD OF PAY FIXATION Its quick, easy, and anonymous! 11. Protection of Pay in new post while resigning during probation period 7. 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. 5.No stepping up of pay of senior Government servant . 1. In the absence of rules, if the contract of employment has fixed or a particular period of probation and on expiry of the probation period the employee still continues in services then the implications are that he/she continues as a probationer. How to get an early resignation during probation period? 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. 7th Pay Commission: Govt issues Pay Protection Order for Central Mr. V.K. you would be entitled to benefits of technical resignation as you have followed all the guidelines laid down by the govt, 2) draw attention of the authorities to judgment cited herein above of Delhi HC, 3) if you are denied benefit file application before CAT and not CESTAT as inadvertently mentioned in my reply. Get legal answers from lawyers in 1 hour.
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