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Pay protection

(Querist) 21 August 2014 This query is : Resolved 
Dear Sir,

I want to clarify from you regarding the following.

Case:

My university (Gandhigram Rural Institute-TN) is funded by MHRD and we are following CCS Rules .
My senior colleague was appointed as Professor in the pre-revised scale of pay of Rs.16400 in 1996 against an ex-cadre post which was sanctioned by Rajiv Gandhi foundation to my university for a period of 3 years. The single post was advertised and recruitment was done as per the procedures.

The above post was not part of cadre strength sanctioned by the UGC. The post was extra sanctioned by Foundation.
Before getting appointed against the ex-cadre post, my Colleague was occupying the post of Reader (substantive post) in the pre-revised scale of pay of Rs.12000.
He was appointed to ex-cadre post while serving in the Reader post. He worked in the ex-cadre post for nearly 3 years. He earned 2 annual increments in the temporarily created post of Professor.
Subsequently my university advertised another post of Professor in the same scale of pay of Rs.16400 which was a cadre post sanctioned by the UGC. My college who was occupying ex-cadre post once again applied for regular post and got appointed through open selection.

He was not reverted back to his original post of Reader from ex-cadre. He simply relinquished the ex-cadre post and joined in the new post of Professor the scale of pay which was identical with that of ex-cadre post.

Before relinquishing the ex-cadre post, he was drawing the basic pay of Rs.17300 in the scale of pay of Rs.16400.

However, my university did not protect the pay previously drawn by him against the ex-cadre post in the new post to which he was appointed in 1999. He was allowed only the minimum pay of Rs.16400 in the scale of pay of Rs.16400 ignoring the pay previously drawn by him in the ex-Cadre post.

Sir, kindly clarify as to how his pay should be protected?
Thank you,
Dr.P.Anandharajakumar
Head
Department of Rural Development
Rural University, TN


P. Venu (Expert) 22 August 2014
Has he made any representation?
T. Kalaiselvan, Advocate Online (Expert) 26 August 2014
He has to move an application making representation on the subject and seek for necessary relief from the department, exhaust this remedy and then if necessary, move ahead with the legal process.


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