Pay protection of college principal selcted fro non aided to aided college
Dr Rajiv Weginwar
(Querist) 18 December 2014
This query is : Resolved
Dear Sir
I Dr Rajiv Weginwar was previoulsy working as a Lecturer since 1992 after selected as Associate Professor in 2001 and latter as a Professor in private unaided engineering college through duly constituted university selection committee and granted approval by university through all legal procedure (UGC selection). Presently I am selected as a Principal of aided college through a proper channel/advertisement/interview/ university and govt.selection committee. I joined on 01-07-2013 as Principal and my salary has been fixed on my last withdrawn basic of engg,college but now I recd letter from Jt director that I am not eligible to draw the last basic of engg.college i.e.55000/- rather I will get minimum basic (start) of Principals basic i.e.43000/-means less by 12000/- pm.I would like to seek that even though I am shifted from non aided to aided college is it legal to reduce my basic pay? please advise me.Also other service conditions are applicable to me or not? What step should I take to get me justice?
aided UG Science college, basic pay is 43000/- in pay band 37400-67000 AGP 10000/-, As was approved Professor in unaided college in same pay band &AGP but at basic pay 55460/- when left unaided college. same basic shall be protected.
ROHIT SHARMA
(Expert) 19 December 2014
1. File a writ petition under Article 226 r/w Art. 21 of C.O.I. and have such human rights to get assurance from the state to secure their right to protection of life and that the last pay is protected norm of civil and economical rights as envisaged for protection under Article 21 of C.O.I. The issue of aided or unaided is not a related issue.
Dr Rajiv Weginwar
(Querist) 19 December 2014
Thank you so much Shri Sharma Sir for your valuable suggestions.
P. Venu
(Expert) 19 December 2014
Was the pay and emoluments in the unaided college and the present aided college similar in every respect?
Dr J C Vashista
(Expert) 20 December 2014
Contact and consult a local lawyer, you can very well afford, this platform is not for the querist like the author.
Guest
(Expert) 20 December 2014
Please intimate if you are principal of undergraduate college or of a PG college?
Also, what constituents your pay in terms of Pay Band/AGP/Special Allowance, etc., under which your basic pay of Rs.43,000 falls?
malipeddi jaggarao
(Expert) 21 December 2014
Once your salary is fixed in the new college basing on your service in the previous college, the Jt.Director cannot reduce the same. File a writ petition in the High Court.
T. Kalaiselvan, Advocate
(Expert) 24 December 2014
The revision of pay already fixed at the time of appointment cannot be reduced on some flimsy reasons. You may first exhaust the remedy within the organisation by making proper representation with the the higher authority, get their reply, if the problem persists without any remedy, you may approach appropriate forum for remedy and relief.
P. Venu
(Expert) 25 December 2014
With due respect to the learned experts, I am of the considered opinion that the queriest has not come forth with the complete information.Moreover, the information as to the pay in the unaided college is misleading and unconvincing. In all the probability he had been drawing a consolidated pay there.
Pay protection is available only when the pay structure had been identical and also, when the salary is drawn from public funds. Otherwise, it is the emoluments that is protected in deserving cases.
By all accounts, the queriest is a fresh appointee and he pay has been rightly fixed at Rs.43000/- in accordance with the extant norms. The basic pay is Rs.53000, inclusive of the grade pay. In addition, he is entitled for DA of 107% and HRA. In short, he will be receiving almost double the emoluments in the new post. Hence there is no question of any injustice.
T. Kalaiselvan, Advocate
(Expert) 25 December 2014
Expert Mr. Venu may note that the author having mentioned that his salary was fixed on his last withdrawn basic of engg,college, therefore, if the salary was fixed at 53,000/- it cannot be reduced by an officer at his whims and fancies, however if the author has not come out with correct details, he is liable to misguided with the opinion /advise rendered to him based on his query.
Rajendra K Goyal
(Expert) 26 December 2014
The author is not giving the information sought by the experts.
