Undue favour to employees for pay fixation.

kavksatyanarayana (Expert) 12 August 2024
You won such an amount, and some may be given to a charity.

Querist : Anonymous (Querist) 13 August 2024 This query is : Resolved
Sir,
Dear Sir,

During the COVID-19 pandemic (2021), our office (being a PSU) issued a circular elevating a few of my colleagues to officiate in the role of Senior Manager. There was no transparency or circular outlining the requirements for the Senior Manager position. This circular towards officiating came as a shock to other managers, as only a select few were chosen for the role without any clear criteria. Similar instances have occurred three times in our office without informing the other managers.

Recently, all managers were promoted to Senior Manager (all the officiating circulars were withdrawn prior to promotion-DPC) and we received the pay fixation letter after three months. The officers who were selected to officiate as Senior Managers were granted two additional increments. This situation is very demotivating and raises doubts about the fairness of the process, especially since the Manager (HR) is also one of the beneficiaries.

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This discussion addresses concerns about a public sector undertaking (PSU) favouring certain employees for pay fixation and promotions, particularly during the COVID-19 pandemic. Colleagues were appointed to officiate as Senior Managers without clear criteria or transparency, and later received pay increments upon promotion, while the HR Manager was also a beneficiary. This has caused demotivation and questions about fairness. Advice suggests submitting a written representation to the employer and potentially seeking legal recourse if internal remedies fail, while also recommending consultation with the trade union.

Sudhir Kumar, Advocate (Expert) 13 August 2024
has any of junior been promoted prior to you.

T. Kalaiselvan, Advocate (Expert) 14 August 2024
This is a matter related to anomalies in pay and promotion.
If you are affected personally then you can send a representation in writing to your employer through proper channel.
After exhausting the remedies within the department you can plan to get relief through legal forum by escalating the matter through legal sources.

SIVARAMAPRASAD KAPPAGANTU (Expert) 14 August 2024
Normally, entrusting duties to a Junior Official to perform duties of a Senior Official, just a grade above happens because of administrative exigencies. Covid was one such exigency. To continue to provide the services the PSU employer must have chosen a few of Junior Officials to perform the duties of Senior Manager. Guidelines relating to such entrustment are governed by internal rules of the PSU. Such entrustment attracts special allowance part of which is considered for PF etc. But, benefit in pay fixation when actual promotion takes place, for those who officiated, because they officiated, is not a normal procedure. Maybe because of the extrairdordinary circumstances prevailing during Covid time, was there any special agreement between the management and employees and PSU employer? Was there any announcement circulated announcing an incentive to encourage employees to come forward to officiate? You may refer the matter to the Trade Union concerned in your organization and get the matter settled and/or clarified amicably/suitably.

Sudhir Kumar, Advocate (Expert) 15 August 2024
Please be clear if any junior has been promoted prior to you or is drawing more salary?

P. Venu (Expert) 18 August 2024
The facts posted are less than convincing. No definite suggestion is possible unless the circulars in question are perused.

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