Govert serive to higher post

Ayan (Querist) 24 August 2023 This query is : Resolved

1)My wife joined Employee State Insurnce Corporation Hospital as Nurse in 2010
as permanent staff ,qalification was B.sc(nursing)

2)In 2016 , she got chance for M.sc (nursing).ESI give permission , study leave
on condition she will not demand promotion and salary hike.

3)After Msc ,ESI posted her to Bsc nursing college as tutor.But salary and designation
no change.ESI showing her assitant professor / tutor to Nursing Council of india and university.

4)She is doing PHD(nursing) , ESI has given to do phd partime basis , but still her salary and desigation nurse.

5)She has completed 1.5 years and still continuing duty at College.

My Question is That

1)In the name of service utilisation , govt organisation can make a employee work to higher post
without change designation and salary ?

2)Is there any rule judgement , after ertain period , she will be designated to higher post ?

3)Is there any remedy ,please help?

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A nurse joined a government hospital in 2010 and later pursued higher education with study leave, on the condition of no promotion or salary hike. Despite being posted as a tutor and undertaking PhD work, her designation and salary remain unchanged. The discussion questions whether a government organisation can utilise an employee's service in a higher post without commensurate pay or designation, and if there are any rules or remedies available for such situations.

Sudhir Kumar, Advocate (Expert) 25 August 2023
1)In the name of service utilisation , govt organisation can make a employee work to higher post without change designation and salary ?

PRIMA – FACIE FR-11 AUTHROISES GOVE TO UTILISE THE SERVICE OF AN EMPLOYEE FOR ANY JOB WITHOUT ANY REMUBERATION.

HOWEVER, BREACK THROUGH CAN BE THOUGH IN VIEWOF FOLLOWING FACTS:-

1. DOES SHE HAVE ANY ORDER WHEREBY THE WORK OF HIGHER POST IS BEING TAKEN

2. WHETHER SUCH POSTING WITHIN THE NORMAL FILED OF TRANS (I.E. WHETHER ANY OTHER NURSE CAN BE TRANSFERRED)

3. WHAT ARE THE RECRUITMENT RULES FOR THE POST OF TUTOR /ASSOCIATE PROFESSOR.

4. WHETHER THIS EXPERIENCE IS BEING REFLECTED IN HER ACR

2)Is there any rule judgement , after ertain period , she will be designated to higher post ?

THERE IS NO SUCH ORDER.

3)Is there any remedy ,please help?

REMEDY CAN BE WORKED OUT AFTER AVAILABILITY OF ABOVE FACTS.

T. Kalaiselvan, Advocate (Expert) 25 August 2023
She has accepted the employment terms and conditions especially while applying for higher studies.
Now at this stage she is demanding the salary as per higher qualification.
The employer may not entertain her claim at this stage and any representation through legal forum also may not fetch her the desired result

Sudhir Kumar, Advocate (Expert) 25 August 2023
the case is prima-facie very weak. However her higher qualification is being utilised. Efforts can be made to stake wages of this post till suitable candidate is appointed after selection procedure.

Ayan (Querist) 25 August 2023
Thankyou Mr.T. Kalaiselvan,
Thank you Mr. Sudhir Kumar
For your valuable reply

T. Kalaiselvan, Advocate (Expert) 25 August 2023
You are welcome for the appreciations.

Sudhir Kumar, Advocate (Expert) 26 August 2023
Good luck despite thin chances (not zero) of success.

P. Venu (Expert) 29 August 2023
In my considered view, the conditions imposed are naïve and is of no legal effect in denying the benefits of promotion or higher salary, if otherwise eligible under the statutory provisions.

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