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jayshree (AP)     22 April 2016

Arrears of revised salary under 6th pay commission

The permanent cadre  teaching faculty members have worked in an engineering college [ private affiliated to Mumbai University]  in Mumbai from 1997 to 2010. In years 2008 onwards few faculty members resign and get relieving orders and experience certificates as per procedure. 

The 6th pay recommendations from 2006 come in effect.

The college implements fixation of revised pay as per 6th pay commission w.e.f Sept 2010, and decided to pay the arrears for the past period from January 2006 to all employees working with the college.

The college authorities do not pay the said arrears to the faculty members who have resigned.

Please guide on this issue to get the arrears of revised pay for the period from Jan 2006 to the resignation date i.e. the period when the employee has given services to the college.

Thanking you



Learning

 8 Replies

G.L.N. Prasad (Retired employee.)     22 April 2016

Immediately file RTI Application to Public Information Officer (RTI) and seek specific reasons on record.  Maharashtra Govt has prescribed a format of application under RTI, and that format has to be used.  You may paste Rs.10/- Adhesive Court fee stamp as RTI Fee.  Seek information as follows:

Brief facts: Arrears of  pay as per 6th pay commission w.e.f Sept 2010, and arrears for the past period from January 2006 to all employees working with the college.- Name of Employee:.............Dept.  worked till.....eligible for arrears of...........months.....days arrears.

Information solicited:

1)Please provide the information on date of effecting revised pay scale.

2)Please inform the date on which arrears were disbursed to existing faculty.

3)Please inform the date on which arrears of all those employees were arrived and kept in a separate account for disbursal.

4)Please inform the time frame within which arrears have to be disbursed as per 6PC directives.

5)Please inform the names of  resigned employees to whom such arrears were already disbursed.

7.Please inform specific reasons for inordinate delay in disbursing arrears to past employees.

8.Please inform the Name of officer,, designation, mobile no.   that is responsible for disbursement of arrears.

9.Please inform the name of the official with whom past employee can file grievance for not paying the arrrears of salary as per 6PC violating directives.

First let the college specify reasons for not making payment and then you can complain to concerned AICTE / University /dopt in on line  pgrms portal and also grievance in on line portal of Maharashtra Govt.

 

H.M.Patnaik (Proprietor)     22 April 2016

Your Employer- organisation must have issued an office order for release of pay and allowance as per recommendation of Sixth pay commission as applicable to  govt. employees. Verify the content of such order to find out whether there lies any valid ground for not considering the ex- employees for grant of arrear dues etc. .

jayshree (AP)     22 April 2016

Thank you for your guidence and prompt reply in the matter.

In my querry I have mentioned that it is a private engineering college. Hence the arrears are to be paid by the college management and not the state or central government.

The payment is disbursed to those who are with college. It is denied to only those who resigned. Please guide for this case.  

Anand Bali Adv. (Advocate Solicitor & Consultant)     22 April 2016

Arrears are for the period during which you served the college and as per the law of equity and prorata basis you are also entittled for it Privatly managed Colleges do come under the governance of the State Government Education Department and ministry. Adoption of 6th Pay Commission recomendations were mandatory after its acceptance by the state Government hence every one who worked for that period is imnofacto covered under this.

You are advised to give one legal notice to the management body of the college and then file a recovery suit against them or can also go for writ petition in High Court for the payment of arrears for which you were entitlled. Hoever it is must that you first give a legal notice for the same. It is your right which you must get.

RTI will not work hre as the Employer is a Private Organisation.

For further legal assistance you can send me a PM (Personal Message) through this site.

Advise; always take assistance from an experienced and well educated Advocate of the field.

You well can see my credentials on my web site www.anandbaliandassociates.com ; plus at many other independent internet sites of India such as on  Pathlegal.in, LawyersclubIndia.com; Justdial.com; Kaanoon.com.; Lawsolva.com; Linkedin.com; Legalindia.com; Myadvo.com; Just Dial.com & Sulekha.com; plus many more .

Please visit  www.anandbaliandassociates.com
With Regards !!
Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India

Chandan   29 November 2017

Sir, good evening I am serving in a Private self financed engineering college since 10 years. But the college management does not deduct EPF from my salary. Sir if any law is there regarding it please guide me.

Chandan   29 November 2017

Sir, good evening I am serving in a Private self financed engineering college since 10 years. But the college management does not deduct EPF from my salary. Sir if any law is there regarding it please guide me.

Chandan   29 November 2017

Sir, good evening I am serving in a Private self financed engineering college since 10 years. But the college management does not deduct EPF from my salary. Sir if any law is there regarding it please guide me.

G.L.N. Prasad (Retired employee.)     29 November 2017

If you are a permanent employee of Engineering college, you are entitled to PF benefits.  Cotact any of your Lecturer's association or Labour Commissioner's office for further guidance.  As I understand those lecturers were appointed on a fixed consolidated salary and the violations of Pvt EC are many and those lecturers who might joined as there is no scope for outside employment, after a period agitate as though they have been recruited with qualifications and selected on merit.  SC judgment specifically states that no temporary employee can be absorbed as regular employee and every one must come through notification and selection process duly recruited under laid down policy.


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