13 April 2016
My father retired in 2011 from government institution. In 2016 he has requested the government to step up the pay at par with his junoir. If government does not comply can he file a writ?
There are several occasions when junior could validly draw more salary.
(i) Junior actually joined earlier than senior and earned increment prior to him. (ii) Junior has while serving on lower post earned personal pay higher than minimum of higher post at the time of promotion and senior being direct recruit of higher post joined at minimum. (iii) Junior having any personal pay/ qualification pay. (iv) Junior having become eligible for ACP /MACP prior to senior due to one reason or the other. (v) ............And so on ..............
14 April 2016
The Central Coalfield Limited has not refused yet. I was asking in case they refuse.
1. Both (My Father and Junior) have same date of Joining 7.10.77, they Joined CCL on same date as Process Trainee. 2. My father got promoted to Senior Technical Inspector, where as his Junior was promoted to the same post one year later. 3. I guess it was clerical mistake.
4. Both retired from the post of Senior Technical Inspector.
14 April 2016
Dear Sudhir Kumar Sir, The one who did was Junior Officer, he acknowledged it as anomaly but sat over it. After that he became Director (Pers).
Now We have again filed with Director (P), he has issued the letter to down authorities. I have quoted him the judgement of Gurcharan singh Grewal vs Punjab State electricity board of 2009 Supreme Court.
One basic rule CCL officers follow is 'let sleeping dog lie'.
Now if CCL does not do this correction, can we file a writ. I am getting all the service record through RTI. Hope court may not ask me where were you after this much time.
15 April 2016
I have already suggested on the following lines against your other query at http://www.lawyersclubindia.com/experts/Seniors-cant-be-paid-more-than-juniors-593741.asp#.Vw86D_l97IV:
"First of all, you should obtain definite information on the subject-matter under RTI. You or your father cannot attain anything on the basis of assumptions and presumptions. Delay may not matter as the grievance, if valid, is of continuing nature."