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right of equal compensation for equal job

(Querist) 06 June 2009 This query is : Resolved 
In UPSC lateral entry for the post of Dy Directors ..salary settlement anamoly is observed--
* candidtaes selected for same post throgh same interview have different Basic paid .reason told .....few are from navratna PSU companies and few were from group B pSU. Basic difference is about rs 17000-20000=00 . Is it not utter violation of right of equal pay for equal responsibilty and equal job and above all posted at same place.
* This is true story of Dirctorate Genral of Mines safety new recruits in the year 2007/2008/2009.
*I need your expert help to fight for right. Vir Pratap
Dy director , ministry of labour and employment , DGMS
Guest (Expert) 06 June 2009
Yes. It is illegal and violation of article 14 of the Constitution of India and also the doctrine of "equal pay for equal work".

How you want our assistance, please elaborate.
Guest (Expert) 06 June 2009
Yes. It is illegal and violation of article 14 of the Constitution of India and also the doctrine of "equal pay for equal work".

How you want our assistance, please elaborate.
Uma parameswaran (Expert) 06 June 2009
There is a Supreme Court observation about equal pay for equal work. That is “only if there is complete and total identity between the two persons similarly situated so as to grant equal pay for equal work.” Here the Supreme Court observation is applicable.
Prof. Dr. Amaresh Kumar (Expert) 06 June 2009
The principles of equal pay for equal work is not a fundmental right. How ever you have to establish your works, responsibilities, nature of duties and so many things, before the court. Just by your statement that you have been selected by the UPSC for the Post of Deputy Director does not make you entitled automatically for the same pay scales as your counterparts have been paid. Show your offer of appointment, pay fixation, Copy of the Advertisement, etc for evaluating your case.
vir (Querist) 06 June 2009
thankyou for your brief answer.

let me present in a little detail.

UPSC selection advertisement is with me alongwith all conditions stipulated. This advertisement was made with a claim to put selected candidates in prerevised pay scale starting from rs 12000=00(initial basic) -375-16500=00 and stating that , apart from given conditions all govt of india rules / directives shall be applicable.letter is signed by undersecretary UPSC. We all 13 selected, were earlier too in PSU jobs
3. All india seniority ranking wise I am placed 2nd in rank
3. I am having more/equal qualifications in comparision with all selected canddates, and too belong to general category.
4. Out of 13 i am the only to get earliest separate responsibility profile. Others are still clubbed with other officers and waiting for placement .
5. all are posted in same department ..
6. Selection letter does mention ..following all govt of india guidlines /directives .

Now could you highlight my queries.
vir pratap
Prof. Dr. Amaresh Kumar (Expert) 06 June 2009
Dear Mr. Vir Pratap Singh,

Can you elaborately, send me the following details :-

1. Scan Copy of the Advertisement of the Post.

2. The name of the other candidates selected along with you.

3. The Postings of all the candidates

4. Pay Scale and total emolumation on which you and all other candidates had been fixed

5. Your appointment letter

6. If possible the appointment of all others against whome you claim to be aggrieved.

7. The pay fixation or pay slip of yours and others against whome you claim to be aggrieved.

8. The nature of duties and responsibilities of yours and all others aginst whome you are aggrieved.

Mere selection and recommendation by the UPSC will not help you in claiming the equal pay for equal works. Though the Article 14, 16 and 39(d) of the constitution of India provide such rights to the citizen of the India. But to claim this right one has to place before the court each and every discrimination with their counter part. The arbitrary action of the employers in the siminlar employment.

To me it seems that you all were selected together by UPSC, but got posting and employment in different concerned. The case may be doen but not without going through you and others documents.

I had also won the similar case from the M.P.High Court and then from the Supreme Court of India.But it look almost 6 years. Then the higher official look it as their prestige issues and terminated my services by abolishing the post. Fought the terminaton and won again. Joined in the Lakshmibai National Institute of Physical Education. Got Promoted on the Post of Deputy Director (Admin/Pers/Legal). Worked for more than 3 years but again terminated in concoction of the superior on the change of the Minister.Now practicing as an Advocate of the Supreme Cour of India.

Dr. Amaresh Kumar
A. A. JOSE (Expert) 06 June 2009
While I entirely agree with the views hereinable that it is violative of equality under Art.14 of the constitution of India, it is imperative to peruse factual details of the case to have a clear understanding before commenting upon the same please.
vir (Querist) 07 June 2009
I have almost all documents except payfixation letter of my collegues.
we all were selected in same interview and posted in same department.
Since I come from Uranium corporation of india limited ( Gr B PSU) and others come from Coal india limited (Gr A+ PSU), this difference in basic has arised . i want your Mobile numbers to meet u in person within few months.

Regards vir pratap
vir (Querist) 07 June 2009
Let me add further I donot fear for sideaffects....for fighting for right , h owever all are my collegues such unplesent situation shall never arise. We all are posted in Directorate general of Mines safety.


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