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Pay fixation in direct recuitment

(Querist) 29 May 2015 This query is : Resolved 
Respected Sir,
I am really impressed your answers to the queries raised by other employees who are having critical doubt on service matters.
I need to seek your kind help and suggestion to proceed further on fixation of my salary. The following few points will facilitate to you to extend your expert advise in this matter.
1. A State GOVT PSU had advertised for the post of Director (Finance) on 23.05.2009.
2. In response to the above advertisement I had applied for the said post through proper channel.
2. Based on my eligibility the company had invited me for the interview on 09.07.2009. The company did not issued appointment order immediately.
3.State Government had issued a direction on 14.10.2009 & 6.6.2012 to the company to appoint me to the said post.
4. The company has issued appointment order on 19.01.2015 for the said post.
5. Reported for the duty during February 2015.
My humble request you kindly advise me on the following points.
a. There is delay in issue of appointment order more than six years by the employer and no fault from my side. therefore, Salary has to be fixed from the date of issue of direction/order issued by Government from 14.10.2009.
b. I had forwarded my application through proper channel and I was in the central Government Pay scale of 37400- 67000 with Grade pay of 8700/- my total grass salary drawn during January 2012 was Rs.94,890/-
(under central Government pay scales)
c. Presently I am drawing salary of Rs.88460/- in the present organisation (State Government organisation) with their minimum pay-scale.

d. Kindly advise me whether I am entitle for additional increment for the six years from the date of issue of direction from Government on 14.10.2009 & 6.6.2012.
e. The company has delayed to issue of appointment order with one or the other reasons more the six years.
f. My present salary is lesser than the earlier salary drawn by me.
g. Kindly advise me under which provision I can request our employer to protect my salary. Intentionally, my employer had delayed more than six years to issue appointment order.

I will wait for your kind advise in this regard.
Thanking you sir,

T.Venkateshaiah

P. Venu (Expert) 31 May 2015
a. Salary could be fixed only from the date of joining.

b.You are not entitled that there is no loss in your gross salary.

c.Lesser pay that has been fixed is patently unreasonable.

d.You are entitled on additional increment with reference to your last pay in the last employment, but not o the basis you have suggested.

e. This aspect is not of much relevance. You also had the option not to join or at least to bargain before you joined.

You can represent. If not successful, seek judicial review.
Rajendra K Goyal (Expert) 02 June 2015
Agree with the expert P. Venu.
T. Kalaiselvan, Advocate (Expert) 05 June 2015
Nothing more to add.


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