When Pay Protection Meets the PSU — An RTI Case with IOCL
As per the guidelines of the DPE, Pay protection is to be given to employees, from Central government to PSU, as per the official document. Kindly observe the Point No. 3 on Page 1 and Point No.9 on page 5.
Point No. 3 tells that all appointments are on Permanent absorption basis, exceptions for deputation and other cases.
- All appointments in CPSEs are on a permanent absorption basis. In rare and exceptional cases employees are appointed on deputation. Only in cases where a person from Government service, including Defence services, joins a CPSE on a permanent absorption basis, there is a need to protect his/her emoluments (Basic Pay + Grade Pay + DA). Pension, if any, drawn on account of service rendered in Government is regulated as per DoPT orders. As per Annex-IV (iv) referred to in para 12 ofDPE O.M. dated 26.11.2008 (Annex-111), which relates to 2007 pay revision of IDA employees, all deputationists shall have to draw their parent cadre pay and allowances. All those who join a CPSE on deputation after 26.11.2008 cannot opt for CPSE pay scales, and have to draw their parent cadre pay and allowances, and are governed by the provisions contained in DPE O.M. dated 26.11.2008 and 08.06.2009 (Annex-IV). However, an exception has been made in the case of CVOS and other officers on deputation to the Vigilance Department of CPSEs who have been given the option to draw CPSE pay scale, allowances and other benefits vide DPE O.M. dated 03.12.2010 (Annex-V).
- The standard terms & conditions for those joining on deputation may be seen at Annex-VI. Officers of the level of Joint Secretary and above are not entitled for deputation duty allowance (Annex-VII).
and point No. 9
The pay fixation principles, which apply in respect of Board level executives of CPSEs would also be applicable mutatis mutandis in respect of below Board level executives and non-unionized supervisors of CPSEs. However, the date of accrual of next increment in respect of Board level executives of CPSEs, who are contractual appointees and appointed on fixed tenure basis, will be the anniversary date of their appointment as already provided in DPE model terms and conditions pertaining to them. The date of annual increment in respect of below Board level executives of CPSEs would be as per rules and regulations of the respective CPSEs.
It says the pay protection is available to the Board level executives and applicable to below Board Level executives and non-unionized supervisors.
Based on this a person has sought the pay protection from Central government to PSU, as that person has moved via proper channel and submitted NOC, and intimation, previous pay slips also. However, this person has not been granted pay protection as he transition his job from central government to IOC.
The pay in his central government was around 59,500 and at time of his selection for the post of Officer in IOC, they advertised as Rs. 50,000 as basic pay.
After that the person has contacted IOC, for pay protection as he has transition via proper channel and has given NOC also and proper relieving orders. However, they have no responded at all. Hence to investigate the matter I have filed a RTI for the IOCL for the par protection quoting the guideline. They did not reply properly and using loopholes and not giving correct information sought. The screenshots are attached. The information sought is clearly evaded and a generic response have been provided for the queries. I have file a appeal regarding the higher authority for the same asking for the clarification and proper response against my queries.
As you can see the CPSE’S, PSU’s are using technique and legal terminology to escape and not follow the government guidelines.
As per the RTI response it is clear that even giving information they are evading and not respond properly and giving ambigious reply .
For the further investigation, I am going to post the response on the appeal and I have filed another RTI asking Yes/No questions and 1 Question on the number of pay protections cases granted to other people. Their responses are also going to be posted as soon as I receive them.
Conclusion is you are shifting from Central to PSU, go via proper channel, then quote this guideline before joining and accepting the offer of appointment, as this have been the case of the friend of mine.
