Fixation of pay in psus after 6th pay commission
Aman
(Querist) 14 March 2014
This query is : Resolved
Sir,
I was working in BSNL as TTA( Non-executive post) since 2002. In year 2008, I applied for JTO POST( Executive post) in OPEN COMPETITIVE EXAM through PROPER CHANNEL and cleared and joined that post in 2009 after submitting TECHNICAL RESIGNATION. Since PSUs pay revision took place in the year 2009,NON-EXECUTIVES were given the following options to choose for their pay revision-
1. They can choose pay revision from 1.1.2007
2. They can choose from the DATE OF PROMOTION
3. From the date of next increment
Since i got promoted to JTO, I opted the revision from DATE OF PROMOTION in which i should get 30% fitment on JTO's initial basic. But, our Organisation refused to give that scale as I had cleared the OPEN COMPETITIVE EXAM. My colleagues who had cleared the DEPARTMENTAL EXAM in the same period are getting the benefit of SECOND OPTION. Their basic is approx. 2000 Rs. more than me. Since, i had given TECHNICAL RESIGNATION,am I not eligible for the SECOND OPTION??? I got all other service benefits like salary during my JTO training, old service book and leaves were carried forwardexcept THIS PAY REVISION FROM THE DATE OF MY PROMOTION. Kindly clarify my query.
Thanks
T. Kalaiselvan, Advocate
(Expert) 15 March 2014
Exhaust the remedies available within the department by making a representation to the management of your department, if their reply is unsatisfactory and you feel that you have been done with injustice, take a recourse of legal action as envisaged by law.
Rajendra K Goyal
(Expert) 16 March 2014
You have entered the stream through open competitive examination considered as appointment like other direct candidates and it can not be termed as promotion.
The department has given you benefits of your previous service as per service rules. It is doubtful you would get the benefit of second option.
Aman
(Querist) 17 March 2014
Sir,
Thanks for the reply. Actually, our organisation's HR has already issued a letter that i am not eligible gor the second option while those who had cleared the department al exam are eligible for that option. I had represented my case but of no use. They are giving me Pay Protection only. Actually this concept of fitment in PSU's has come up for the first time for pay revision and there is no judgement also in a case like this. Now what should i do sir?? Kindly help..
Anirudh
(Expert) 17 March 2014
Whether it is a departmental candidate clearing the departmental JTO examination or a departmental candidate clearing a open Competitive JTO Examination - both are getting appointed and not getting promoted.
Normally the second option is available only in the case of promotion.
Therefore, strictly speaking, a person who cleared departmental examination - is not being promoted but is being appointed - is also not eligible for the second option.
But if BSNL is giving the option in one case and not in your case, there appears to be a glaring discrimination.
What does your Association do?
One has to completely study the issue before any appropriate could be given.
Rajendra K Goyal
(Expert) 17 March 2014
In my view your claim is not justified in the given facts.
If the concept of fitment in the PSU / your concern is first time, the relative instructions have to be gone through in detail. Possibility of existence of some lacunae may be there in instructions. Consult local lawyer, expert in service matters and show him the relative instructions.
