Seniors cant be paid more than juniors
Alok
(Querist) 13 April 2016
This query is : Resolved
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?
ROHIT SHARMA
(Expert) 13 April 2016
1. Yes, he can file a complaint with State/Central Administrative Tribunal or can file a writ petition under Article 226 of the C.O.I.
Sudhir Kumar, Advocate
(Expert) 14 April 2016
There are several occasions when junior could validly draw more salary.
i.e.
(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 ..............
Please state whether any such reasons exits
Alok
(Querist) 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.
regards
Alok Singh
P. Venu
(Expert) 14 April 2016
Please post the material facts.
Rajendra K Goyal
(Expert) 14 April 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Seniors-cant-be-paid-more-than-juniors-593741.asp#.Vw86D_l97IV
Alok
(Querist) 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.
Sudhir Kumar, Advocate
(Expert) 14 April 2016
not clear
since when junior was drawing more pay and how much more he was drawing.
till when he drew more pay.
Alok
(Querist) 15 April 2016
Dear Sudhir Kumar Sir, The office said in 2012 its not a anomaly but bad pay structure.
Alok
(Querist) 15 April 2016
Sudhir Kumar Sir, My father got promoted to Senior Technical Inspector, after one year his junior also got promoted to the same. After his promotion his increased.
Sudhir Kumar, Advocate
(Expert) 15 April 2016
anyway you have decided to make it a riddle by hiding dates and pay drawn by both.
Your choice if you do not need guidance.
Sudhir Kumar, Advocate
(Expert) 15 April 2016
what pay your father was drawing on promotion?
when he got promoted?
did he opt for immediate pay fixation or from next date of increment.
what pay his junior was drawing when your father was promoted?
what pay he was drawing when he himself got promoted ?
did he opt for immediate pay fixation or from next date of increment.
what was pay scale of lower post
what was the pay scale of higher post
FINALLY WHAT WAS THE DATE OF PROMOTION OF BOTH
If you do not know or disclose these details then you are wasting time.
Alok
(Querist) 15 April 2016
Sorry Sir, I will get back to you with all details you asked for. Thanks for your time.
P. Venu
(Expert) 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."
Alok
(Querist) 15 April 2016
Dear P. Venu Sir, I am doing it. I will come back to you with full information. Thanks sir.
