Normally pay protection is not given if employee is
recruited to lower post from higher post.
As per rules an employee can apply for only higher
pay scale post. If any person apply for lower post
then there is no provisions to protect the pay.
Pay Protection
I am working as Revenue Assistant in Revenue Department selected by TNPSC Group-II Examination (interview post) in Tamil Nadu State Government covered under TN Ministerial Service Rules. Earlier I was working as Assistant in Rural Development Department by promotion in Tamil Nadu Government. It is also covered under TN Ministerial Service Rules. Both Revenue Assistant and Assistant post are having identical scale of pay (5200-2800GP). But in my new post (Revenue Assistant) the appointing authority refused to protect my pay i have earlier in Assistant cadre. So I have filed a writ in Madurai bench of Madras Hight court. Judge asked that "is there any G.O. or Rule" issued later. Please help me in this regard. Thank You.
Asked 6 years ago in Labour
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
7 Answers
You can get the certified copy of the GO ans circular from the concerned department
FR-22B of T.N. Government Fundamental Rules (in short 'Rules'), which provision is quite clear that where a Government Servant holding a post in a substantive or officiating capacity is promoted or appointed in a substantive or officiating capacity to another post carrying duties and responsibilities of greater importance than those attaching to the post held by him, his initial pay in the time-scale of the higher post shall be fixed at the stage next above the pay notionally arrived at by increasing his pay in respect of the lower post by one increment at the stage at which such pay has accrued. It further says that if the monetary benefit after such fixation falls short of five per cent of the pay drawn in the lower post, his pay in higher post shall be so fixed, allowing a minimum increase of five per cent of the pay drawn in the lower post.
2)FR 22-B was brought into force with effect from 1.10.1984 by virtue of G.O. Ms. No.778, Personnel and Administrative Reforms (FR.III), dated 8th August, 1986
I can provide you citation in this regard of other high court or supreme court.
Pay grade may be same but past service benefits cannot be denied.
If this appointment was subsequent to your technical resignation of the previously held post then you may fight for the pay protection, seniority of service for promotion etc., whereas if it is not coming under the said clause then you may not be able to find any such GO especially if there is no provision in law for that.
TN Government servants' service rules and the relevant GOs issued for pay protection have to be examined before rendering you proper advice in the matter. Please check with your friends and colleagues as also with the trade union for the purpose.
