Equivalent rank
K.S.Srinivas
(Querist) 10 February 2013
This query is : Resolved
In the organisation viz.,APTRANSCO, there are three different services. They are Engineering Service, Accounts Service and Personnel service. In the Engineering Service topmost post is Chief Engineer (Electrical), in the Accounts Service topmost post is Financial Adviser & Chief Controller of Accounts (FA&CCA)and in the personnel service topmost post is Joint Secretary. The posts are carrying the following pay scales:-
CE (El.): 39860-1430-44150-1585-52075
FA&CCA: 39860-1430-44150-1585-52075
Jt.Secy.: 38430-1430-44150-1585-52075
In the Personnel Department one post called Chief General Manager (HRD) is in existence. The method of recruitment to this post is any one of the officers of the above 3 services can be posted by appointment by transfer.
Now, One of the Chief Engineers(Electrical) is posted Chief General Manager (HRD) in the personnel department. Joint Secretary is originally belongs to personnel department. The Joint Secretary and CGM (HRD) are discharging the identical duties and responsibilities. The management has ruled that Joint Secretary post is not equivalent in rank to that of CGM(HRD) as in the pay scales the Joint Secretary post is one stage lesser than the CGM (HRD) i.e., Chief Engineer/El. though the maximum of the both the pay scales are the same.
In the rules book of the orgn, there is no mention about on what basis to decided the equivalent rank.
1. How to decide whether the post of Jt.Secretary is equivalent rank to that of Chief General Manager (HRD)?
2. Equivalent rank can be decided based on the nature of duties and responsibilities of the posts or based on the pay scales attached to the post?
3. Case laws if any, may kindly be cited.
As far as my knowledge is concerned, the following case laws are there:-
In a landmark case, Randhir Singh v. Union of India, AIR 1982 SC 879, the court held that although equal pay for equal work is not regarded as a fundamental right, it is a constitutional goal as per the provisions of Articles 14, 16 and 39(c). Article 14 of the Constitution of India provides citizens with the right to equality before law. Under Article 16, a person is entitled to equality of opportunity in matters of public employment. In the above mentioned case, the court held that the principle of equal pay for equal work can be enforced by courts in cases of unequal pay scales based on unreasonable classifications.
It is requested to kindly clarify whether there are any strong points to approach the High Court of A.P. to prove my case that Joint Secretary is equivalent in rank to that of Chief General Manager (HRD) as the duties and responsibilities of the both the posts are identical.
Further can I file a w.p. praying for allotment of the same scale as that of Chief Engineer on the reason that the feeder posts to Joint Secretary and CE/El. are Dy.Secretary and Superintending Engineer respectively which are carrying the identical pay scales.
R.K Nanda
(Expert) 12 February 2013
contact local lawyer.
Guest
(Expert) 12 February 2013
Repeated query.
Already advised at the following thread:
http://www.lawyersclubindia.com/experts/What-is-the-basis-for-deciding-equivalent-ranks-in-different-services-of-the-same-organistion--368966.asp
Ruling position can't change by posting repeated query. However, if not satisfied, you can try your luck in a court of law.
In fact, the minimum of your pay scale starts from the stage of one step lower than the other two pay scales. Unless that anomaly/ incongruity is removed officially, your post cannot be treated as of the equivalent rank of the other two posts. Better try to get the incongruity removed by revision of pay scale at the Board level than through the court of law.
R.K Nanda
(Expert) 12 February 2013
repeated query.
ajay sethi
(Expert) 12 February 2013
repeated query no reply
Raj Kumar Makkad
(Expert) 13 February 2013
The same query has already been rewolved so no use to raise it again and again.
