Re-fixation of pay scale after seniority list
nirmalsingh
(Querist) 29 November 2016
This query is : Resolved
I was promoted as Sub Inspector in Police deptt. on 23/09/1994.I remained as Sub Inspector till 31/12 2009 and I was awarded increment 4.9.14 under ACP scheme. I was promoted as Inspector on 01/01/2010, though I deserved o be promoted as Inspector on 30/06/2005 where my Juniors were promoted. Now in compliance with the order of high court seniority list were prepared,all my juniors and seniors were placed in the list as per merit at the time of selection my merit no is 102 but I was placed much below after a sub inspector who joined Police depptt. in oct 1993 reason was given the due to two Adverse ACR the date of promotion was changed and pushed back from 23 sept 94 to 01/04/2005AND ORDER WERE ISSUED REGARDING REVISED DATE OF notional PROMOTION, Now MY PAY SCALE WAS REVISED NO NOTICE OR INFORMATION WAS GIVEN TO ME. APPEAL AGAINST ADVERSE REMARKS ARE PENDING MY PAY SCALE WAS REDUCED FROM 29000+ TO 25000+ whether they can revise my pay scale? I have to suffer a lot. pl. give me citation. Urgent. also going to High court to file a writ petition.Thanks My Juniors have been promoted to the rank of DSP in april 2016.
Rajendra K Goyal
(Expert) 29 November 2016
Show all documents to your lawyer and discuss in detail.
Judgment / reference cases / ruling / citation / decided cases not provided / supplied in this section.
Sankaranarayanan
(Expert) 29 November 2016
because of urgent, you better to approach local lawyer and get the advise and act accordingly
Sudhir Kumar, Advocate
(Expert) 30 November 2016
If after revision of the seniority list, you find that anyone who is now junior is drawing more salary then you can apply for upgradation.
Guest
(Expert) 30 November 2016
Dear Nirmal Singh,
For your information, mere seniority has nothing to do with the pay fixation.
From your description, it becomes clear that you have clubbed all the cases together, i.e., the court case for seniority, promotion on ACP, pay fixation on change of promotion date, etc. Probably, you might also be representing your case to the department in a clubbed manner, while different wings/ sections deal with different issues, like Establishment, administrative, staffing, and accounts, and performance appraisal, etc., separately.
Further, you have not clarified, how your pay scale has been reduced on the basis of adverse remarks, without going through the disciplinary process of issue of charge sheet and departmental inquiry on any misconduct, if any on your part.
Get your case settled in phase-wise as per the competence of the concerned wings/ sections.
nirmalsingh
(Querist) 30 November 2016
Sir , my main question is whether mere change of date of promotion from 23/9/94 to 1/4/2005 they can reduce my pay scale after a period of 22 years out of which I worked as Sub Inspector for 14 yrs that's why I was entitled special increment as per govt instruction after 4,9,and 14 yrs of service as Sub Inspector.My promotion order dt 23/9/94 has not been withdrawn just changed the date of promotion in seniority list.I was informed that My revised date of Notional promotion is 1/4/2005. for promoting me as sub inspector from 1/4/2005 the ACRs of ASI rank is to be considered but in this case ACRs of Sub Inspector is considered for the promotion of Sub inspector,No fresh order of promotion was issued not earlier promotion order was withdrawn.It was also not mentioned in the order to refix the pay, and it was just an information about the final seniority list.No formal information or notice was given to me regarding reducing my pay scale.My appeal against ACRs are pending since 17 years now recently I submitted reminder.
Guest
(Expert) 30 November 2016
Even on your latest clarification, nothing can be construed without actual examination of the case related documents.
However, reduction of pay cannot be resorted to without serving you a show cause notice.
nirmalsingh
(Querist) 30 November 2016
Sir, my service book was shown by the clerk and I was verbally told by the concerned dealing clerk that on dated 1/4/2005 you deserve such and such pay scale and they fixed the pay scale at that level which is Rs.4000 less than I was drawing on that day. This is equal to awarding me a major punishment without any fault on my part.whether their any ruling of the SC that the existing current pay can not be reduced, if a punishment of service forfeiture is awarded to an employee in that circumstance next (in future) increment are being stopped but they did not reduce the existing pay
nirmalsingh
(Querist) 30 November 2016
Sir, my service book was shown by the clerk and I was verbally told by the concerned dealing clerk that on dated 1/4/2005 you deserve such and such pay scale and they fixed the pay scale at that level which is Rs.4000 less than I was drawing on that day. This is equal to awarding me a major punishment without any fault on my part.whether their any ruling of the SC that the existing current pay can not be reduced, if a punishment of service forfeiture is awarded to an employee in that circumstance next (in future) increment are being stopped but they did not reduce the existing pay
Rajendra K Goyal
(Expert) 30 November 2016
Get all record, copy of service sheet, pay fixation from your office through RTI, show all documents to some experienced staff matter personal.
Guest
(Expert) 30 November 2016
Presently, there seems no legal problem for you. You have already been provided appropriate guidance on the basis of your description. Any verbal information provided by the clerk has no relevance unless you get in anything writing or notice.
By the way, when not a lawyer, what do you propose to do with the SC ruling, as your department is not bound to act upon any such ruling if given in the case of any other individual.
nirmalsingh
(Querist) 30 November 2016
sir , I have noted down the salary statement from the official record the basic pay for the month of October 2016 is 24690+4800...total 29490 and now basic pay for november.2016 is 21100+4800..total..25900
I have to loose 7732 per month +2000 recovery total 9732.. without any notice or information or fresh promotion order or withdrawal of early promotion order. I will also submit appeal in the deptt. that's why I am seeking some citation.and guidance. Pl.
Guest
(Expert) 30 November 2016
Better show your case related documents to some local service laws expert lawyer to enable him file writ petition, if necessary, after going through recruitment rules, seniority rules and pay fixation rules of your department.
ramesh
(Expert) 30 November 2016
Contact a advocate who is more familiar with service rules. File a suit in the appropriate court for stay of recovery first, as you were not served with any notice nor there was any outcome of disciplinary proceeding.
Sudhir Kumar, Advocate
(Expert) 01 December 2016
you are shadowing the vital input given ByMr Dhingra that pay cannot be reduced without giving SCN to you.
when someone is reverted from higher post then his pay is re-fixed assuming him to have been in lower post throughout and giving notional increment in lower pay.
If this is done then no SCN is required.
nirmalsingh
(Querist) 04 December 2016
Thanks Mr Sudhir Kumar,NO SCN was served, can dealing clerk and office supdt. be made pvt. Party/respondent in the High court?? In this case seniority is interconnected with re-fixation of seniority, though normally it is a separate exercise. The Police HQ issued revised seniority list/revised date of notional promotion as sub- Inspector as well as Inspector, my parent deptt. forwarded the revised date of notional promotion to me and different branches of my office for information only because it was nowhere written in the order to revise my pay scale and just for making entry in the service book in this regard but the dealing clerk without issuing any SCN to me got it signed from the competent authority and copy was sent to account branch for preparation of salary for the month of November, and I got approx 10,000/- les salary yesterday.
adv.bharat @ PUNE
(Expert) 08 December 2016
Noting to added since expert have explain in detail.
Sudhir Kumar, Advocate
(Expert) 08 December 2016
you asked
"can dealing clerk and office supdt. be made pvt. Party/respondent in the High court??"
Normally it is not done in service matters.
But I do not see any illegality on this. Other experts of the forum may disagree with me if there is any matter to the contrary.
Guest
(Expert) 09 December 2016
About your query, "can dealing clerk and office supdt. be made pvt. Party/respondent in the High court??," NO is the answer.
The official duty by any official/ officer is performed for and on behalf of the Head of the Organisation. Your fight is with the Government department, which is headed by a Secretary of the Government.
So, for official irregularity, if any considered, notice under cpc 80n has to be served to the Secretary of the concerned department, as the Head of the organisation before filing any court case.
Rajendra K Goyal
(Expert) 09 December 2016
First take up the matter departmentally and after internal avenues exhaust, move legally.
