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ash (teacher)     10 January 2011

Equal pay for equal work

i am working as a lecturer in a permanantly nongrant institution.in advertisement institution said that payment will be as per ugc norms and they didnt mention the nature of appointment will be of CONTRACT BASIS. i was selected trough a selection commitee.the college gave me order of appointment with a fixed salary of 8,000 rs. also i got approval from university of probation of 2 years . it is injustice that other colleagues whose educational qualification are exactly as per my qualification are getting higher salary .can i claim a case on institution? can i demand full salary with areares from last two years?



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 6 Replies

Kirti Kar Tripathi (lawyer)     10 January 2011

yes, you can claim equal salary as your other colloquies are getting. the principle of equal wages for equal work will apply in your case.

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Mallik Karra (Done with AIBE)     13 January 2011

Dear Tripathi sir,

 

I beg to disagree... please correct me if i am wrong as there is reasonable classification....

i found the below case law...

STATE OF BIHAR & ORS versus BIHAR STATE +2 LECTURERS ASSOCIATIONS & ORS

 

The learned counsel for the State contended that the Division Bench of the High Court was wholly wrong in holding that there can be no difference between trained lecturers and untrained lecturers and that difference in pay scales would be arbitrary, unreasonable and violative of Article 14 of the Constitution. It was submitted that trained and untrained lecturers form different class and such classification is rational and reasonable. Fixation of different pay scales, therefore, cannot be said to be arbitrary or irrational. It was also submitted that though the Fitment Appellate Committee recommended payment of uniform pay scales to trained and untrained lecturers, the said decision was not in consonance with law. It was submitted that the learned single Judge was right in dismissing the writ petition and the Division Bench ought to have confirmed that order.

 

even in the present case the details are not fully furnished as to previous experience, accreditions etc...

Kirti Kar Tripathi (lawyer)     13 January 2011

Dear Mallick,

the present case is of person performing same nature of work having same qualification. whereas the citation  relates with trained lecturers and untrained lecturers . there is lot of difference in  the facts.

Mallik Karra (Done with AIBE)     14 January 2011

Thank you... my question is say 10 possess the same educational qualification and are doing the same work... but what about the experience part and ability... just because everyone has the same qualification it cannot be deemed that they have to be paid equally... more so when a profession like teaching where so much skill is needed unlike manual labour........

ash (teacher)     17 January 2011

respected mallik sir ,in advertisement institution said that payment will be as per ugc norms and they didnt mention the nature of appointment .and i have qualified NET examination .at the time of affiliation the college forced me to say before affiliation committee that they are giving me full salary.the college college management promised orally that after fixation of fess by shikshan shulk samiti they will upgrade my salary as per ugc norms ie same as assistant professor .now the college says that they are in deficit so they cant give full pay. and one of my senior colleague she is appointed as lecturer just before 7 months ago she is getting full salary ,she is having same qualification and having 6 month more experience than me in that case what can i do plz suggest me.

Mallik Karra (Done with AIBE)     17 January 2011

Hello,

 

Please write to the management requesting full salary and see whether they will give anything in writing.. which i doubt they wont..... you can file a complaint with the UGC about the pay violations...... this will seriously jeopardise your situation with the management... you can take the legal route but try to settle the issue amicably....

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