SALARY dispute!Lower than Junior's

This query is : Resolved 
 

(Querist)
31 January 2010

Please advise me--
"I joined as dy director on 30th oct 2008 at DGMS, under ministry of labour and employment.Thrteen selections were made I stood at the top, therby assigned seniority no 1.Our basic was 21900+GP 7600=29500
Now after oner year some of my counterparts who belonged to Mini Ratna company were given salary protection ,since we all belonged to different govt companies and pvt companies (previous employer)our salary is set distinctly..

My salary is fixed as 24400 basic+ 7600 GP=32000
whereas four of may juniors are at 39100 basic+ gp 7600= 46700
salary diff here is approx 15000 per month..despite of being seniormost my juniors have surpassed me substantially.

As per norms now they shall be given preference in quarte allotment etc. being higher in basic they shall get priority.

I want to resolve this iisue legally...please help and advise ... I wish to hire one lawyer to file a pettion at CAT, delhi


R.R. KRISHNAA (Expert)
31 January 2010

First give a representation to the competent and appointing authority who receives grievances in your organization and also to your higher officials. If they do not respond to the representation, then you may approach CAT for your grievance.

vir (Querist)
31 January 2010

I 've talked to Director(SD) he told me that no solution lies in his hand!
Is it logical to fight for the reasons discussed ..! then I shall move to CAT!

R.R. KRISHNAA (Expert)
31 January 2010

You can move to CAT. But it is advisable first to send a written representation to your higher officials/government by Registered Post with acknowledgement (RPAD) and then file a case before CAT.

vir (Querist)
31 January 2010

My higher officials r in my touch... the highest post bearer is DG. He never decideds such matters it is to be referred to ministry!

Documents r to be sent alongwith representation...pl correct me

Advertisement letter for recruitment of Dy director.
UPSC Selection letter alongwith ranking.
current salary slip of juniors...and mine too
pay fixation letter from UPSC.

Advise please ...!

R.R. KRISHNAA (Expert)
31 January 2010

Yes all relevant documents shall be sent to higher officials and ministry. Otherwise you may issue a legal notice before filing a case in CAT.



Guest (Expert)
31 January 2010

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE MATTER KINDLY NOTE THAT.
1.YOU MAY FIRST SUBMIT DETAILED APPLICATION MENTIONING ALL FACTS TO YOUR APPOINTING AUTHORITY AND ESTABLISHMENT DEPT.AND PRAY FOR REMOVING THE ANOMALIES.
2.YOU WILL SUCCEED.
3.BUT IN CASE YOU HAVE ALREADY APPLIED TO CONCERNED AUTHORITIES AND THEY ARE DELAYING OR NEGLECTING THE MATTER THEN YOU HAVE CHOICE TO FILE AN APPLICATION TO THE CAT OR TO THE HIGH COURT HAVING AREA JURISDICTION.
4.KINDLY NOTE THAT AS COMPARED TO CAT HIGH COURT WILL BE PREFERABLE AS SPEEDY AND ECONOMICAL AND JUST REMEDY WILL BE THERE.
IN CASE YOU NEED ANY FURTHER HELP YOU MAY WRITE OR SEND DETAILS OR CALL.WILL HELP YOU.GOOD LUCK.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Binod Kumar Mishra (Expert)
31 January 2010

Dear Vir,

may i would like to offer my opinion to your questions:-

1) being senior most in your cadre at your present employer you deserve high seniority then the later employees who have joined on transfer of their service on lien basis.

2) it may be possible that out of those employees some are senior to you in terms of their acutal age and length of service.

3) since their pay protection has been allowed they will definately get more pay than you.

4) once you get promotion to next higher grade before them your salary will automatically be higher than them.

5) their pay protection has been allowed but their seniority has not been allowed so they can draw more salary than you and you will get neck to nect with them when you will be promoted to next higher grade.

it is waistful for you to move CAT at present time.

B K Raghavendra Rao (Expert)
31 January 2010

Following points are not clear:

1. Is your seniority listed for your department?

2. If so how, you can call others as your counterparts whose pay is protected?

3. What is Mini Ratna company, a subsidiary of your department or merged with your department

4. What situation arose for protection of pay


P. Venu (Expert)
31 January 2010

From the facts made available, it appears that the author is getting lesser pay than his juniors from the stage of initial appointment itself. May be, the UPSC would have made specific recommendation regarding the pay to be given to his juniors. If so, this is not case covered by the norms for stepping up of pay as provided under Government of India Decision No.(23) under FR 22. As a general principle, the concept of stepping up of pay of the Senior vis-a-vis junior is relevant only while pay is changed on account of promotion or that of revision of pay scales. Such disparities in Pay on initial appointment, that too on the recommendation of the UPSC is not amenable to judicial review.

The author advised to re-examine the issues in reference to relevant provisions of Fundamental Rules.

So also, he does not have the option of choosing between CAT & High Court. He can approach the CAT only, as he appears to be a Central Government servant.

niranjan (Expert)
31 January 2010

When junior gets more pay than senior,the question of deemd date arises and so you have to make representation to give you deemed date of junior's higher pay fixation date and your pay will be raised to equal to junior on particular date.

Swami Sadashiva Brahmendra Sar (Expert)
31 January 2010

I agree with Mr. Binod Kumar Mishra.

vir (Querist)
31 January 2010

Let me clarify--few points to esteemed experts-
1 i am central govt employee now
2. Juniors r not on lien basis
3 we all r through same advertisement
4 we all quit previous psu job
5 anamoly arises because some of juniors belonged to Coal India Ltd
6 I belonged to Uranium corporation Ltd
7 No such salary protection was mentioned in advertisment or joining/selection letter.
8. we all worked on same scale for one year
9 they applied for salary protection to CAT
10 They r lesser in experience in terms of year
11 My seniority is published by UPSC

vir (Querist)
31 January 2010

Now shall it be under legal frame to fight for salary protection wrt my juniors. All r on same post and posted as deputy director in PB_3,

Binod Kumar Mishra (Expert)
31 January 2010

Dear Vir,

i think there is a bit confusion in your question. at one point of time you are saying they are juniors to you and on the other hand you are saying that they have got pay protection.

if they have got pay protection, then why you not get the same? please clarify.

if juniors belongs to coal india limited, in that case also the person appointed of deputation basis has some difference of pay but if you all have joined after obtaining NOC from your previous employer then you all deserve pay protection then why the same philosophy has not been applied on you.

if you have, then kindly mail me the pay fixation of yours and pay fixation of any of the employee who got pay protection then your problem will be solved immediately and then we will be in a position to advise you accurately.

in the meantime you need not go to CAT for this benefit as you won't get anything currently.

raj kumar makkad (Expert)
31 January 2010

I fully agree with Binod.

vir (Querist)
28 April 2010

Binod Ji,
My juniors belonged to different companies , which are of Navratna status...
They were drawing more basic earlier in their previous company...But having been selected for UPSC...is it justified to make salary discrimination based upon previous employer and regrdless of seniority in upsc selection list.



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