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Counting of Past service for pay fitment as per 6th Pay commIsion

(Querist) 24 December 2010 This query is : Resolved 
Sir,

My Govt. University in TAMILNADU is not counting past Government service for promotion and ALSO not giving me basic pay protection from previous government job.

I applied from regular central govt. autonomous body THROUGH PROPER CHANNEL and got selected in a Govt. University in Tamilnadu.

I worked as Scientist-D in the pay scale of 12000-375-16500 in ADA, Bangalore (Autonomous Govt body in Ministry of Defense) in Regular employment from 22-Feb-2001 to 12-Apr-2005.

I received a basic pay of 14625 on relieve date in ADA, Bangalore.
Question-1)
===========
When I joined Tamilnadu Govt. controlled University on 15th Apr 2005, they fixed my basic Pay at 13260 in the scale of 12000-420-18200.

I DID NOT GET PAY PROTECTION, and my repeated representations were not replied to by my university. WHAT SHOULD I DO?

Question-2)
===========
Even worse is happening now. They are refusing to count my past government experience and placing me as a fresher from 15-Apr-2005 and making me wait for longer duration for next promotion eligibility date.

As per UGC/AICTE notification, those who have completed THREE years of service in 12000-420-182000 as on 1.1.2006 AUTOMATICALLY get promoted to ASSOCIATE PROFESSOR post and placed in pay band 4 - 37400-67000 on 1.1.2006.

Since my university is REFUSING TO COUNT MY PAST GOVT. SERVICE as Scientist IN THE SAME SCALE SAYING IT IS NOT A TEACHING JOB, I stand to loose heavily monetarily and seniority wise.
Now they have placed me in 15600-39100 pay band and asking me to wait up to 15-Apr-2008 to become eligible for higher pay under CAREER ADVANCEMENT SCHEME. This eligibility does NOT automatically allow me to go to higher pay as I have attend interview, and prove that that I am fit for promotion etc... which usually they do not give to save money for the university.

If they are made to take/count my past service as per GOI orders, then I get automatically promoted to ASSOCIATE PROFESSOR as on 1.1.2006 in the pay band 37400-67000.
Now I loose about 16000Rs/month due to this anomoly.

Can you help and advice my next course of action. I want to file a case against authorities to get JUSTICE. Please help.

Thanks and regards,
D.Venkatesan


Swathi S Bhat (Expert) 24 December 2010
Sir,
Your matter is relating to your service. In Karnataka there is a K.A.T.(Karnataka Appellate Tribunal)which is only meant for resolving the matters relating to service. I don't know whether in Tamilnadu there is any tribunal like in Karnataka. You have to get mandatory direction from the court against the university to consider your service and also you are having the right to recover the amount.
s.subramanian (Expert) 25 December 2010
In Tamilnadu The state Administrative Tribunal has been abolished and as such you have to approach only the High court of Madras.
Swathi S Bhat (Expert) 26 December 2010
Respected Senior expert,
Thank u for informing about the non-existence of State Administrative Tribunal in Tamilnadu State.
venkatesan D (Querist) 27 December 2010
Thank you for your reply sir.

But my doubt is:
i) Is my expectation is correct and justifiable.

ii) Can me past service be counted as per Indian laws?

iii) Is there such cases in the past and Court/Government has decided in favor of Applicant and granted past service inclusion

iv) Can my case win in the Court of law for inclusion of past service?

Thank you very much for your kind guidance.

Regards,
A sincere teacher.
Ajay Bansal (Expert) 27 December 2010
DO AS ABOVE.


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