reduction of salary on promotion

Querist : Anonymous (Querist) 04 October 2010 This query is : Resolved
Sir, i am working in a govt.of india undertaking.initially while i was group c official, my salary was in central govt.DA scales and from 1.8.83 onwards, it was on industrialDA pattern of scales as group C official.but the group A and B officers of various public sector undertakings went to Supreme Court that they should be covered by central DA pattern of scales only. the govt appointed a high power pay comittee and as per the report,those officers promoted after 1.1.89
will invariably get the industrial DA and those who were on central DA pattern will continue to be on central DA and the recomendations of the comittee were not applicable to those who were on industrial DA from 1.8.83i.e to me.however since there were no industrial DA scales for group A&B officers in our organisation prior to 1.1.89,my scale on promotion during feb 1988 was fixed in central DA. as a result, my basic and DA before promotion as group C official on industrial DA to group B officer on central DA was reduced by more than 30%. Where as we have asked to refix the basic and DA put together before promotion to be equalised to basic and DA after promotion or to fix the scales in industrial DA pattern from 1.1.89 by treating the intervening period as the lower cadre scale.however, the management is reluctant to accept any of the above and prepared to treat the differential of basic and DA on the date of promotion as personal pay to be reduced in the increments accrued annually. as a result, i have been drawing lesser salary than the lower cadre for the past 22 years and even after three more promotions,i am getting less salary than juniors and subordinates. may i request you to suggest a solution whether i can take up the matter for proper remedy through judiciary and if so under what articles of the constitution that injustice inflicted upon me by reducing existing emoluments and forcing to take less salary than the juniors /subordinates all in the name of promotion irrespective of the nature of the pattern of pay scales i can seek remedy .thanking you

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R.Ramachandran (Expert) 04 October 2010
When you have such a grievance, it can be resolved one way or the other only by approaching the Court. You may have to consult a lawyer who is practising in service law in your area.

s.subramanian (Expert) 04 October 2010
Yes. You can approach the the high court.

Kirti Kar Tripathi (Expert) 04 October 2010
I am of the opinion that gross salary cannot be reduced in any way. It amount a punitive action. your employer is bound to protect your salary. you can approach the Court.