What is the basis for deciding equivalent ranks in different services of the same organistion?
K.S.Srinivas
(Querist) 01 February 2013
This query is : Resolved
In the organisation viz.,APTRANSCO, there are three different services. They are Engineering Service, Accounts Service and Personnel service. In the Engineering Service topmost post is Chief Engineer/Chief General Manager,in the Accounts Service topmost post is Financial Adviser & Chief Controller of Accounts (FA&CCA)and in the personnel service topmost post is Joint Secretary. The posts are carrying the following pay scales:-
CE/CGM: 39860-1430-44150-1585-52075
FA&CCA: 39860-1430-44150-1585-52075
Jt.Secy.: 38430-1430-44150-1585-52075
The duties and responsibilities of CGM (Adm) and Jt.Secy. are identical nature and all are independent posts in the respective services.
A notification is issued in a PSU of AP for filling up of the post of Director (HRD). The eligibility criteria mentioned is that the candidate should in the rank of Chief General Manager or equivalent rank with any degree. In the rules book of the orgn, there is no mention about the equivalent rank.
1. How to decide whether the post of Jt.Secretary is equivalent rank to that of Chief General Manager?
2. Equivalent rank can be decided based on the nature of duties and responsibilities of the posts or based on the pay scales attached to the post?
3. Case laws if any, may kindly be cited.
4. It is learnt that my through proper channel application is not forwarded by the APTRANSCO with the contention that Jt.Secy. is not equivalent rank to Chief General Manager. The action on the part of APTRANSCO in not forwarding the application to the other PSU is correct? However, I have despatched the advance copy. The last date for receipt of application by the PSU is 31-1-2013.
5. What is the course of action that can be taken?
It is requested to kindly clarify the above points.
6. In my opinion the forwarding authority has no right or business to decide about the eligibility of the applicant. It is the authority who had issued the notification i.e., the PSU (a different organisation) who has issued the notification. In this regard can I move the court in respect of another application already submitted to a different (2nd PSU)organisation as the last date is 14-2-2013.
I request the advice of the respected experts on the point no.6. The experts Sri Sudhir Kumar, Sri Makkad Sir and Sri Dhingra Sir may kindly guide me.
Sudhir Kumar, Advocate
(Expert) 02 February 2013
Generally it is pay scale (now grade pay) but there are exceptions.
Raj Kumar Makkad
(Expert) 02 February 2013
So far as forwarding is concerned, last date of submission has already expired so nothing can be done on that account. so far the knowledge about equal rank is concerned, RTI application is required to be moved as salary cannot be the base to know the equal rank.
Guest
(Expert) 02 February 2013
Identical pay scales are the deciding factors for the purpose of reank being considered as equivalent to some other post.
Obviously, CE/CGM and FA&CCA with the same/ identical pay scales are identical but not that of Jt.Secy with lesser pay scale. If the duties and responsibilities of CGM (Adm) and Jt.Secy. are of identical nature, you first need to get the pay scale raised to the level of the CGM.
However, it is hard to believe that there can be two posts with the parallel nature of duties and responsibilities to be discharged independently in any organisation.
