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Forums > Service Matters (Financial) (Financial) > Pay & Allowances > Pay Protection on Joining Post with Lower Grae Pay !iscussion in "Pay & Allowances" starte #y ashu$%l'o ct * *+,* ashu$%l'o ashu$%l'o .ovice i m wor'ing as inspector o/ central e0cise with 1 years o/ service- i appeare /or ssc"s cgl e0am *+,+ #y virtue o/ claiming age rela0ation as central govtemployee with 2 years service an was 3nally selecte /or the post o/ inspector o/ posts which carries lower grae pay than my present post- my parent ept- at the time o/ appearing /or interview ha grante me unconitional noc #ut now they are saying that i cannot su#mit technical resignation /or 4oining post with lower grae paypay- i now have three 5uestions with regar to the a#ove67
(i)is it proper on the part o/ my present ept- to stop me /rom 4oining the new ept- on the groun o/ lower grae pay when they ha given me unconitional noc /or appearing in ssc cgl interview88 (ii) i/ i move cat on the a#ove issue what are my chances o/ getting relie/ /rom cat8 (iii) i/ my parent epartment accepts my technical resignation an relieves me /or 4oining my new post carrying lower grae pay how will my pay #e 30e in new ept-9will : get pay protection8
i shall #e highly o#lige i/ the relevant rules in this regar are also 5uote while giving reply to my 5uestionsplease help as it is a matter o/ my career an /utureashu$%l'o ct * *+,* ;, onyi$polo onyi$polo Mem#er
Fi0ation o/ pay in case o/ employee see'ing trans/er to a lower post uner FC ,1(a) is regulate #y rule FC**:(a)(2) in terms o/ !oP= Hce Memoranum .o- F- .o- ,299*++7?stt- (Pay7:) ate *,-,+-*++- Pls see the -M- in the /ollowing threa6
ou may also go through the /ollowing verict elivere #y the on"#le Supreme ourt6
MP=CLL?C & AD!:=C G?.?CAL F :.!:A & CS - FAC:! SA==AC N*+++O C!7S *+ (% April *+++) SDPC?M? DC= -.-hare !oraiswamy Ca4u
-.-AC?J-
Fari Sattar responent herein 4oine as an Auitor in the Hce o/ the Accountant General (A & ?) Qest Bengal on ,-*-,E*- onse5uent on the #i/urcation o/ Auit an Accounts the responent was trans/erre to the Hce o/ the Accountant General (A & ?) Qest Bengal on ,-,,-,E1-
=he responent opte /or the accounts wing an as such he was retaine there an su#se5uently promote to the post o/ Senior Accountant on @-,*-,E%- :n !ecem#er ,+ the responent while oHciating on the post o/ Senior Accountant applie /or mutual trans/er with one Shri Paresh Ghosh Senior Accountmit wor'ing in the Hce o/ the Senior !eputy Accountant General (A & ?)- Si''im- As mutual trans/er was not permissi#le in the care o/ Senior Accountant the responent was avise to apply /or unilateral trans/er a/ter see'ing reversion to the lower post o/ Accountant as a irect recruit- :n pursuance o/ the avice tenere the responent applie /or unilateral trans/er in the care o/ Accountant /oregoing the status o/ a Senior Accountant in the Hce o/ the Senior !eputy Accountant General (A & ?) Si''im in July ,* an he was permitte to ta'e such trans/er on certain terms an conitions- =he pay scale o/ Senior Accountant at the relevant time was Cs- ,@++7*++ whereas the pay scale o/ Accountant was Cs- ,*++7*+@+-
=he responent having accepte the terms an conitions o/ unilateral trans/er was poste as an Accountant in the pay scale o/ Cs- ,*++7*+@+owever his pay was erroneously 30e at Cs- ,1+97 which he was rawing in the pay scale o/ Cs- ,@++7*++ prior to his reversion to the lower post-
Su#se5uently it was /oun that the 30ation o/ pay o/ the responent at the stage o/ Cs- ,1+97 was ue to some mista'e an there/ore #y a Memoranum ate E-,,-,@ the pay o/ the responent was irecte to #e re730e an a /urther irection /or recovery" o/ e0cess payment mae to the responent was also issue- :t is at this stage the responent 3le riginal Application #e/ore the entral Aministrative =ri#unal alcutta challenging the Memoranum ate E-,,-,@ contening that the pay which he was rawing as Senior Accountant viR-- Cs- ,1+97 in the pay scale o/ Cs- ,@++7 *++ has to #e protecte even i/ he was reverte to the lower post o/ Accountant on trans/er an re730ation o/ his pay at a lower stage an recovery o/ the allege e0cess payment o/ salary is unwarrante- =he appellants herein ispute the contentions o/ the responent inter alia on the groun that the responent was #oun #y the terms an conitions o/ the unilateral trans/er an as on acceptance o/ such terms an conitions the responent was re5uire to tener technical resignation /rom the post o/ Senior Accountant an ha to 4oin as a irect recruit on the lower post o/ Accountant ran'ing 4unior most in the care o/ Accountant- :t was also contene that on such a trans/er the pay o/ the trans/eree is not re5uire to #e protecte an his pay was to #e 30e as a irect recruit on the lower post in which post he was reverte- =he tri#unal too' the view that since unilateral trans/er is not contemplate #y Funamental Cules (hereina/ter re/erre to as "F-C) an as such in a case li'e the present one the responent has to #e treate as having gone on trans/er on re5uest an- there/ore his case was to #e governe #y F-C-** (,) (a) (2)- :n view o/ the provisions o/ a#ove Cules the tri#unal 5uashe the impugne orer an allowe the application o/ the responent- :t is against the sai 4ugment an orer o/ the tri#unal the appellants are in appeal #e/ore usLearne counsel /or the appellants urge that the tri#unal /ell in error in applying F-C-** (,) (a) (2) in the present case- =he argument is that the pay o/ the responent was re5uire to #e 30e in accorance with the terms an conitions which were accepte #y the responentLearne counsel tlien re/erre to the terms an conitions o/ the unilateral trans/er o/ the responent- Learne counsel /or the responent urge that unilateral trans/er not #eing contemplate in F-C- the trans/er o/ the responent necessarily has to #e governe #y F-C- an in the present case it is F-C- ** (l)(a) (2) which is applica#le an on an application o/ the sai rule the 4ugment an orer o/ the tri#unal has to #e aHrme:n orer to appreciate the arguments o/ the learne counsel /or the parties it is necessary to re/er F-C- ** (,) (a) (*) (2) an the relevant portions are e0tracte #elow6 FC ** (,) (a) (*)6 Qhen the appointment to the new post oes not involve
such assumption o/ uties an responsi#ilities o/ greater importance he shall raw" as initial pay" tile stage o/ the time7scale which is e5ual to ins pay in response o/ the ol post hel #y him on regular #asis or i/ there is no such stage the stage ne0t a#ove his pay in respect o/ the ol post hel #y him on regular #asis6 FC ** (,) (a) (2)6 Qhen appointment to the new post is mae on his own re5uest uner su#7rule (a) o/ Cule ,1 o/ the sai rules an the ma0imum pay in the time7scale o/ that post is lower than his pay" in respect o/ the ol post hel regularly he shall raw that ma0imum as his initial Pay"7 =he relevant terms an conitions o/ unilateral trans/er as accepte #y the responent are e0tracte #elow6 =he trans/er will #e not in pu#lic interest an as such he will not #e entitle to any 4oining time 4oining time pay or =-Ae will #e assigne 4unior to the 4unior most Accountant on the ate he reports /or uty in this oHce /or all intents an purposese shall have to su#mit his technical resignation /rom the post o/ Senior Accountant in the Hce o/ the A-G-(A & ?) Qest Bengal alcutta in orer to 4oin Accountant"s post in the Hce o/ the Senior !y- Accountant General ( A & ?) Si''im Gangto'e shall have no right to see' re7trans/er to his parent oHce or to any other oHcen unilateral trans/er he is re5uire to pass whatever epartmental e0amination as prescri#e #y the relevant recruitment rules =his pay shall #e regulate in accorance with the relevant rules in /orce in his D-=- as Accountant :t is no ou#t true that unilateral trans/er which is sai to #e coine #y the appellants is not contemplate uner the Funamental Cules Qhat is contemplate is the trans/er on written re5uest uner Funamental Cule ,1- But i/ such a trans/er is not contemplate uner the Funamental Cule- it is not necessarily to #e governe #y the Funamental Cule #ut #y the terms an conitions o/ such unilateral trans/er- Funamental Cule ** (,) (a) (*) provies that when an employee is trans/erre to a new post which oes not involve assumption o/ uties an responsi#ilities o/ greater importance he shall raw as initial pay the stage o/ the time7scale which is e5ual to his pay in respect o/ the ol post hel #y him on regular #asis- =hus F-C-**(:)(a)(*) woul #e applica#le where there is an orinary trans/er which is not #y way o/ reversion to the lower post an in such a case the pay o/ an employee on trans/er to a new post has to #e protecteFunamental Cule **(:)(a)(2) is applica#le where an employee is trans/erre to a new post on his own re5uest uner su#7rule (a) o/ Cule ,1 an /urther in
such a trans/er no reversion is involve- :n such a trans/er to a new post i/ the ma0imum pay in the time7scale o/ the trans/erre post is lower than :ns pay in respect o/ the ol post hel regularly he is re5uire to raw that ma0imum as his initial pay- For illustration 7 an employee wor'ing in a pay scale o/ Cs,@++7*++ was rawing pay at the stage o/ Cs *+@+ an he is trans/erre on his own re5uest not involving reversion to a post which carries pay scale o/ Cs- ,*++7*+@+- :n such a case the ma0imum pay which lie was rawing viR-Cs- *+@+ has to #e protecte on the trans/erre post which carries a pay scale o/ Cs- ,*++7*+@+- :t is not the case here- ere- what we 3n is that the responent on his own volition sought trans/er on certain terms an conitions accepte #y him- =he terms an conitions o/ unilateral trans/er are very clear an there is no am#iguity in it =he terms an conitions provie that the responent on trans/er woul #e appointe to a post which is lower to the post which he was occupying prior to his trans/er an he was also re5uire to tener technical resignation /rom the post which he was holing with a view to 4oin the lower post as a irect recruit an was to ran' 4unior to 4unior most employee in the care o/ Accountant- e was /urther re5uire to /orego any #ene3t o/ passing any epartmental e0amination while wor'ing in the higher post- :n such a situation the pay o/ the responent ha to #e 30e with re/erence to the lower pay scale an not with re/erence to the pay rawn #y him in the higher post since he was to #e consiere as a irect recruit in the lower postDner the terms an conitions o/ the trans/er the pay which the responent was rawing on higher post was not re5uire to #e protecte when he 4oine the lower post o/ AccountantFor the /oregoing reasons we are o/ the view that the pay o/ the responent as 30e earlier was correctly re730e #y Memoranum ate E-,,- ,@- Qe there/ore 3n that the 4ugment an orer o/ the tri#unal is not sustaina#le in law an the same eserves to #e set asieQe orer accoringly- =he appeal is allowe- =here shall #e no orer as to costs-
opyright Ceprouce in accorance with s1*(5) o/ the opyright Act ,1% (:nia) /rom 4uis-nic-in iniacoe-nic-in an other :nian igh ourt Qe#sites-
Qith regarsAttache Files6 ,2$$*++7?stt (Pay7,)-p/ File siRe62- B iews6@@ onyi$polo ct * *+,* ;* (ou must log in or sign up to reply here-) Share =his Page
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