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Murali M N   31 October 2019

Reducing basic pay on promotion

Sir, I was a retired employee of a PSU. During June, 2014 I was a non-executive drawing a basic pay of Rs.36850/-. During July, 2014, I was promoted to Supervisory Scale and my basic pay was reduced to Rs.22030/-, due to which I was under huge loss in the form of PF, Gratuity etc., I would like to know, whether there is a provision to reduce basic pay of an employee on promotion? Please clarify, Regards, MNM


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 12 Replies

G.L.N. Prasad (Retired employee.)     01 November 2019

This is the first time I am hearing of such anomaly, in other organisations, while promoting, a minimum prescribed amount will be added to the existing basic pay being paid to employee, and adding this minimum amount in basic, new basic on promoted scale has to be fixed.  I am afraid whether you can raise the issue after retirement of such a long gap. However, you can file RTI Application seeking information of such rules and regulations from PSU and file a writ before HC.

 

Brief facts: During June, 2014 ..............................designation was a non-executive working at.........drawing a basic pay of Rs.36850/-. During July, 2014, later promoted to Supervisory Scale with designation of....................working at  ............ ,.  The basic pay was reduced to Rs.22030/-, due to which there was r huge loss in the form of PF, Gratuity etc

 

Information solicited:

1. Please provide  certified copies of

a) rules and regulations that state that basic pay has to be reduced after promotion

or that laid down norms for fixing basic pay on promotion without protecting the existing basic pay before promotion

and

b) calculation sheet arrived for fixing basic on promotion

kavksatyanarayana (subregistrar/supdt.(retired))     01 November 2019

Ji,   I think it is unbelievable.  I am first time hearing from you that your pay is reduced on promotion is absurd.  I think some mistake has been done.  Obtain for such gap in pay, on promotion to a higher post from the concerned authority under RTI.

P. Venu (Advocate)     02 November 2019

Yes,facts posted are unconvincing. Is there actual reduction of emoluments because of the pay fixation?

krishna mohan (Drafting of Commercial Contract Dispute prevention Dispute handling Contract Management etc. )     04 November 2019

If you continue in the same company, it can not be. You can give representation on such anamollies and redressal (or) consult a local lawyer specialized on service matters to guide you correctly to protect your interest.

Sudhir Kumar, Advocate (Advocate)     16 November 2019

Originally posted by : Murali M N




Sir,
I was a retired employee of a PSU. During June, 2014 I was a non-executive drawing a basic pay of Rs.36850/-. During July, 2014, I was promoted to Supervisory Scale and my basic pay was reduced to Rs.22030/-, due to which I was under huge loss in the form of PF, Gratuity etc., I would like to know, whether there is a provision to reduce basic pay of an employee on promotion? Please clarify, Regards, MNM

 

 

Pay already being drawan cannot be reduced even on being adjusted to other post as surplus/invalidated employee leae alone promotion.

Sudhir Kumar, Advocate (Advocate)     16 November 2019

Originally posted by : G.L.N. Prasad
This is the first time I am hearing of such anomaly, in other organisations, while promoting, a minimum prescribed amount will be added to the existing basic pay being paid to employee, and adding this minimum amount in basic, new basic on promoted scale has to be fixed.  I am afraid whether you can raise the issue after retirement of such a long gap. However, you can file RTI Application seeking information of such rules and regulations from PSU and file a writ before HC.

 

Brief facts: During June, 2014 ..............................designation was a non-executive working at.........drawing a basic pay of Rs.36850/-. During July, 2014, later promoted to Supervisory Scale with designation of....................working at  ............ ,.  The basic pay was reduced to Rs.22030/-, due to which there was r huge loss in the form of PF, Gratuity etc

 

Information solicited:

1. Please provide  certified copies of

a) rules and regulations that state that basic pay has to be reduced after promotion

or that laid down norms for fixing basic pay on promotion without protecting the existing basic pay before promotion

and

b) calculation sheet arrived for fixing basic on promotion

 rules cannot be sought under RTI.

 

Dpocument leading to pay fixaation can be sought under RTI.

 

However in this case the person appears to be already aware of the facts that

Sudhir Kumar, Advocate (Advocate)     16 November 2019

Notwithstanding above

 

given facts do not indicate if you have made any representation / challange / court case since 2014.  the case per-se is time barred.

G.L.N. Prasad (Retired employee.)     16 November 2019

1. All that information that is available in material form in custody of Public information officer, unless specifically exempted must be provided under RTI.

2. However as rules and regulations are being uploaded in the website, they are not in custody of PIO and information need not be given on those uploaded materials.

3. Certified copies are that form of information available in the website and can be sought by citizens from PIO under RTI.

4. As certified copies are legally valid documents and duly authenticated, it is always proper to obtain from PIO.

Sudhir Kumar, Advocate (Advocate)     16 November 2019

he is aware of the fact that he is paid less and had right to challange the same which he did nto exercise.

Murali M N   19 November 2019

Sir,

I went through your comments,  the Non Executive Wage revision from 01/01/2012 was signed and implemented in July, 2017.  As per the negotiation and MoS my basic was fixed w.e.f. 1/1/2012  at Rs.36850/- as Non-Executive (merging the DA of 56,7%)..  Before this I was promoted to SS Scale during July, 2014.  However, the management did consider to implement  or continue the Basic of Rs.36850/-  on promotion citing the reason of anomaly.  The Pay Scales for SS is Rs.12500-32500 (closed end scale) and my basic was fixed at Rs.22030/- instead of Rs.36850/-, (the management has given me the DA as applicable to Executives-  i.e, 56.7% (continued) ,  thereafter in the August, 2018 I opted VRS and released from services of the Company.  Further, I am not the only one to be affected, those employees who got promoted after 1/1/2012  have also been affected.  Recently, I have made a representation to the management and requested to correct the wrong fixation . Now, I request you to please clarify me, whether I can take the justice in court

Sudhir Kumar, Advocate (Advocate)     19 November 2019

what prevented you from sharing the following facts in first instance :-

 

  1. he Non Executive Wage revision from 01/01/2012 was signed and implemented in July, 2017. 
  2. As per the negotiation and MoS my basic was fixed w.e.f. 1/1/2012  at Rs.36850/- as Non-Executive (merging the DA of 56,7%).. 
  3. Before this I was promoted to SS Scale during July, 2014. 
  4. management did consider to implement  or continue the Basic of Rs.36850/-  on promotion citing the reason of anomaly. 
  5. The Pay Scales for SS is Rs.12500-32500 (closed end scale) and my basic was fixed at Rs.22030/- instead of Rs.36850/-,
  6. (the management has given me the DA as applicable to Executives-  i.e, 56.7% (continued) ,  
  7. in the August, 2018 I opted VRS and released from services of the Company.  Further,
  8. I am not the only one to be affected,
  9. I have made a representation to the management and requested to correct the wrong fixation .

Sudhir Kumar, Advocate (Advocate)     19 November 2019

your remaining question is

 

"Now, I request you to please clarify me, whether I can take the justice in court"

 

With these facts any one having slightest syumpathy with syou may nto be speaking without seeng the papers.

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