Junior gets salary higher than that of a senior in the govt. service
Arup
(Querist) 01 April 2013
This query is : Resolved
Sir,
At the outset I beg to u to give me the opportunity for showing my gratitude to this website for such opportunity to individual regarding the allotment of vistas for resolving of complex matters of legality . Sir, my question is that I work under Govt. of Tripura as a Clerk. I ranked among the batchmates and I receive the same salary as my juniors get. I have got promotion in the moth of October,2006. I was offered to give my option to either A or B regarding fixing up my basic pay. The option A is meant to confirm fixation date as on 01.01.2006 which is the date of commencement of the pay review effect . Whereas my juniors who have opted B is meant for showing a ratification regarding fixing up of their basic pay right from the date of promotion which is 1.10.2006. Now in this process , my basic pay is calcullated at a reduced rate than that of my juniors who have opted option B at the time of promotion.
Meanwhile , there is an option of Stepping up in the RoP 2009 ,Govt. of Tripura and that is meant for alleviating the basic pay of senior in order to make it equivalent to that of the junior in the possible case of receipt of one increment for being at the existing post for a period of ten years and then receiving promotion followed by the receipt of such increament by a junior in the subsequent year of promotion by the senior. This is in comparisn to the case of senior who gets promotion before expiry of ten years.
Under the above circumstanc is it legal to seek for redress from the department by requesting first to make necessary adjustment of the basic pay of the senior equivalent to that of the junior by stepping up of basic pay ?
Here the notable fact is that both the senior and junior have entered into the service as lower Division Clerk in same date. The seniority list is determined on the basis of merit list made by the public service commission of the State. The case of such difference has occured in the promotion to next post in the same date,month and year after a service tenure of 6 years by both of them. The main reason for such difference is due to choosing of options.
Devajyoti Barman
(Expert) 01 April 2013
Go to the high court and file a Writ petition against such unfair salary.
Anirudh
(Expert) 01 April 2013
You have to give the exact facts. You have to indicate what is the pre-revised scale; what was your pay as on 1.1.2006; what was your normal date of increment (in case the pay revision had not come).
Having opted for pay revision w.e.f. 1.1.2006, what is your pay as on 1.1.2006 in the revised scale. What is the revised scale. After such fixation, what is your next date of increment.
When was your junior's pay revised (I think 1.10.2006). What is his next date of increment?
prabhakar singh
(Expert) 01 April 2013
Yes! clarify fact asked by Mr.Anirudh first.
Raj Kumar Makkad
(Expert) 02 April 2013
Until you post the reply of the relevant questions raised by Anirudh, you cannot be provided with the exact reply.
Arup
(Querist) 03 April 2013
Sirs,
I may humbly devote my sincere gratitude for such interest in resolving my case. My pre-revised sum had been to Rs.3300-100-7100 and my basic pay was Rs.3700/- in pre-revised scale. During that period my normal increment date had been to 1st September of every year and so as well as in case of my junior too. However, my basic pay had been fixed to Rs. 6440+ 1800(Grade Pay)=8240/-in the pay band 2 (Rs.5310-24000)
After introduction of R.O.P 2009 the normal increment date has been fixed to 1st July every year irrespective of joining date of any staff.( The RoP,2009 by the Govt. of Tripura may kindly be perused at http://tsu.trp.nic.in/tripuraweb/GovNotice/ROP_2009.pdf
I have got promoted to the post of Assistant (i.e. the next promotion which have a pre-revised basic pay of Rs.4200-8650 which is revised to PB 2 Rs. 5310-24000/- G.P. 2100 w.e.f. 01.10.2006.
Moreover for kind convenience this may also my pertinent to mention here that We have total 120 batch mates who have recruited in the same post and in the same date. The seniority list is made by the ranking made by the Public Service Commission. We have same basic and same gross salary. The date of promotion of my junior and to that of mine one is identical i.e. 01.10.2006
In time of giving option for fixation I have tendered my option for counting my basic pay from 01.01.2006 and my juniors have opted to get their basic pay fixed right from the date of promotion i.e. 01.10.2006 with starting basic pay of that promoted post.
Sudhir Kumar, Advocate 
(Expert) 03 April 2013
so you are drawing less due to voluntarily having given unfavourable option. You have no case of stepping up.
Adv k . mahesh
(Expert) 03 April 2013
what is your juniors revised pay
Arup
(Querist) 04 April 2013
Revised Basic pay of mine is now Rs.9040 and my Junior's basic pay is now calcullated to Rs.9500/-
Anirudh
(Expert) 04 April 2013
If you got your revised pay fixed on 1.1.2006 with date of next increment as 1.9.2006, what was your pay as on 1.9.2006 and that of your juniors on 1.9.2006?
V R SHROFF
(Expert) 04 April 2013
do other perks , benefits, facility differ?? to ur advantage??
Arup
(Querist) 04 April 2013
my basic pay had been to Rs. 3800 and my junior was on the same status in case of basic pay as on 01.09.2006. Both of us have received increment as on 01.09.2006.
I hardly receive any extra park, benefits, facility than that of my junior.
Devajyoti Barman
(Expert) 04 April 2013
File case before CAT or Writ in high court.
Sudhir Kumar, Advocate
(Expert) 04 April 2013
No point in going to CAT. Please read what he said :-
"I have tendered my option for counting my basic pay from 01.01.2006 and my juniors have opted to get their basic pay fixed right from the date of promotion i.e. 01.10.2006 with starting basic pay of that promoted post."
He is getting less due to his own option which is irrevocable.
Raj Kumar Makkad
(Expert) 04 April 2013
I do agree with the advice of Sudhir. You are bound by your own undertaking. No person or authority can be accused for this situation.
Arup
(Querist) 05 April 2013
But I do not wish to get my salary lower than that of my junior. I had been shown that my salary was equivalant to that of my junior from the pay bill section and the Accountants have misinterpreted the calculation right from the date of promotion my salary was not shown in redueced form in any month even and it is shown suddenly just in the previous month. I am told to repay the money taken by me due to wrong calcullation that is made by them. I am quite help less because I am made full all of a sudden unexpected calcullation.
Anirudh
(Expert) 05 April 2013
The starting basic pay of the promoted post as on 1.10.2006 is 5310+grade pay and that is not in excess of what you are drawing.
In any case, since you have a grievance, better make a representation to the Department first. Thereafter, depending upon the reply that you get from the Department come back, we can think what best can be done.
Sudhir Kumar, Advocate
(Expert) 05 April 2013
In this situation Mr Anirudh has giventhe best suggestion. If you make a representation the deptt is bound to intimate the reasons why you are getting less.
Arup
(Querist) 06 April 2013
In the mean time if the Revision of Pay (ROP) that enables the staff to get salary under new scheme gets ammended by the Government then whether there lies scopes for re-exercising my option right from the date of such ammendment of any of the part or clause in the ROP .
Anirudh
(Expert) 06 April 2013
NOW YOU ARE UNNECESSARILY INDULGING IN 'IFs' and 'BUTs'.
Nobody knows what will happen in future and when. Therefore it would be futile to expect any useful answer to your such queries.
If you are really interested in pursuing your grievance, then you have to make a representation to the Authorities concerned immediately. (OTHERWISE KEEP ON WASTING YOUR TIME. AFTER ALL IT IS YOUR CASE AND YOUR DECISION.)
