Sixth pay arrerrs to temporary/adhoc employs

Dr Prashant Patil (Querist) 07 November 2011 This query is : Resolved
Sir,
I was On Temporary appointment on Lecturers post from 2006 to 2008. Appointment orders with days Technical breaks.Now I am working on same post as permanent employ and receiving salary by 6th pay. But state govt of maharashtra had denied me the arrears of 6th pay within 2006-2008. Kindly guide me with supporting Laws & rules to file case in MAT.

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Guest (Expert) 07 November 2011
Except if posted on fixed emoluments, the pay of any employee, may his appointment be on adhoc or temporary basis, was required to be regulated as per the latest pay rules applicable on other employees with same scale of pay in the same cadre.

You may also have to refer to the language of the orders of the State Government about applicability of the 6th Pay Commission recommendations on temporary employees, whether barred specifically from the implementation or not. If not, your claim would be quite valid. Even if not made applicable specifically by order, you can challenge the orders in the MAT on the basis of equal pay for eaqual work.

Raj Kumar Makkad (Expert) 07 November 2011
I have similar views as pf PS Dhingra.

prabhakar singh (Expert) 07 November 2011
Mr.Dhingra is absolutely right.

Dr Prashant Patil (Querist) 08 November 2011
Thanks Dhingra sir.
I am employed in Maharashtra. The 6th Pay commission of State By DMER (Director of Medical Education)has no specific Recommendations for Temporary Employes.
As per your suggestion the case in MAT is filled in which the State GOVT replays that "AS the employes were on temporary basis, Civil services rules are not applicable to them". Though now some temporary Doctors on same post as i was are being payed as per 6th pay.
what articles and rules need to be specified in court to support my case. Please reply.

Guest (Expert) 08 November 2011
Dear Dr. Prashant,

You are welcome.

About your supplementary query, you may like to refer the Government of India Orders, dated 30.08.2008 about implementation of the Revised Pay Scales in the Central Government, as well as Order, dated 30.09.2008 applicable to the Autonomous bodies, as available at the following links, if that can help in any way in your MAT case. There is no discrimination about regular, temporry or adhoc employees in these orders:

http://www.irtsa.net/pdfdocs/pay_revision_autonomous.pdf

http://www.irtsa.net/scpc.htm

Similar pay revision orders are supposed to have been issued by the Maharashtra Government also. You may better try to obtain copies of such orders through RTI, if not made available otherwise.

You may also gather some instances of pay fixation cases of temporary employees from some sister organisations. These things would definitely help you to understand the reality and represent your case effectively.

Dr Prashant Patil (Querist) 08 November 2011
Thanks A Lot Dhingra Sir. Your suggested guidelines are very helpful, Surely will be helpful to me and my colleagues.