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Pay protection after joining IIT Ropar from ssc army medical corps
01-Apr-2023 (In Labour & Service Law)
Dear sir,I joined I IT Ropar as a medical officer after taking release from army SSC in September 2014, without a single day break and represented my pay protection officially in December 2015 and the reply was negative from ministry and again in December I wrote to higher authority to present my case to Board of governors of I IT Ropar but again it's negative and finally resigned in February 2017 saying the above mentioned reason and personal reasons.can I challenge it in court of law?
Depends upon several criteria, e.g., the new post being of comparatively higher or lower responsibility, your old scale and new scale, and also the maximum of the new scale not exceeding your basic pay in the old post.
Any rule for protection of pay does not provide for waiting for the other batch mates to reach that stage of the person whose pay has been protected. Rather rules provide grant of personal pay to be absorbed in future increments if the incumbent was drawing basic pay, which stage does not happen in the new scale of pay. The personal pay is thus absorbed when on earning one or more increments in future when the stage of basic pay goes beyond the fixed basic pay+personal pay of the incumbent.
And yes you can Challenge the same.
Any rule for protection of pay does not provide for waiting for the other batch mates to reach that stage of the person whose pay has been protected. Rather rules provide grant of personal pay to be absorbed in future increments if the incumbent was drawing basic pay, which stage does not happen in the new scale of pay. The personal pay is thus absorbed when on earning one or more increments in future when the stage of basic pay goes beyond the fixed basic pay+personal pay of the incumbent.
And yes you can Challenge the same.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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