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Anomaly in Pay fixation

Querist : Anonymous (Querist) 15 October 2010 This query is : Resolved 
I retired from Army after serving for 10 yrs as an officer in 2003.I took up a job in a government Bank in 2008.I was the seniormost in army service & rank among my other batchmates who are also ex army.I was 3rd in overall merit. Our duties & appointment in the Bank are also same.Our pay was fixed as per our last pay drawn in Army.I retired with the 5th pay commission scales & therefore my pay was fixed taking into account my last pay drawn. All my batchments (though much junior to me in army service& also junior as per the seniority fixed in the Bank)fall in the 6 pay scales & their pay was fixed by giving them maximum numbers of increments.As a result though we all are doing the same job,went through the same recruitment process but drawing different pays.There is a difference of 10,000-20,000/-in their pay & mine.Also ,some of my batchments who are junior to me in seniority as they joined after me have more basic then mine.
Please guide me of the rules of "same work same pay" also if juniors can draw more pay ( our work & designations are same).How can the law help.Thank you
pawan sharma (Expert) 15 October 2010
Approach to Esabtt. of your deprtment for representationon the same subject at this stage.
Querist : Anonymous (Querist) 15 October 2010
I have already represented, they quote "as per a DGR Letter of 1986 the last pay of exserviceman is protected"& nothing can be done.
But in doing so everybody's pay is differently fixed .There are huge anomalies,&therefore I want to approach the court..please guide.
Manish Singh (Expert) 15 October 2010
if some other persons are getting higher salary than you in spite of the work being the same, you are entitled fr that higher salary.
Approach the appropriate authority in your bank with relevant situation in writing.
also,you can approach the CAT for settling the same.
if things dont work out, approach the HC under writ jurisdiction.
Kirti Kar Tripathi (Expert) 15 October 2010
you can file a writ petition before H.C. for equal wages for equal work.
niranjan (Expert) 15 October 2010
If the effect of 6th Pay commission was after your retirement,you can do nothing. Your juniors must have retired after getting their pay revised under 6th Pay.But if 6th Pay is made applicable to you had you been in service, even though you are retired can be made applicable to you and your pay could be got fixed by your parent deptt.It will be notional. Then you can ask the bank to remove that anomaly.


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