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narattam roy (JFO)     19 August 2016

Financially depriving of employee

Mr.X joins in New Delhi in Secretariat ministerial job as Lower Divn Clerk in 1997 - get transfer in same grade post to Kolkata office (ex-cadre wing of that ministry) at own request in 2001 - passes Ltd Dept Compt Exam for promotion to Upper Divn Clerk in 2004 - New Delhi sectt informs result to Kolkata office - Kolkata office promotes him in their office - in 2008 New Delhi sectt informs Kolkata office that Mr X  be released as promoted as Asstt (scale 6500-10500) and his promotion will be effected when he joins in New Delhi office - Kolkata office does not release Mr X and promotes him as Jr Field Officer in same scale in their office  - then 6th pay commission comes into effect and pay of Mr X is fixed accordingly( in respect to scale 6500-10500) - in 2011 Mr X finds that pay of his batchmates in New Delhi has been fixed higher(in respect to scale 7450-11500) - Mr X makes appeals to New Delhi time and again and Kolkata office states that as Mr X is not released on administrative ground he must not be deprived financially -  till date the case is pending without fixation benefit to Mr X - New Delhi sectt office says that since Mr X not joined New Delhi as Asstt he will not get fixation like his batchmates -  in the mean time one Asstt of New Delhi sectt office has been posted as Jr Field Officer in Kolkata office in same scale & applications for Dept Section Officer exam of Mr X have been forwarded to UPSC by New Delhi sectt office (exam eligibility criteria is 5 years service as Asstt) - the question arises that what is the fault by Mr X for which he is deprived of fixation benefit

- - - - - your explanations are highly solicited

Narattam Roy



Learning

 2 Replies

Kumar Doab (FIN)     19 August 2016

Apparently NO.

Exhaust internal remedies of reprsentations, appeals.

It shall be appropriate to show all dcos on record to a very able counsel specializing in service matters.

jyotirmaya behera (advocate)     19 August 2016

Mr. X have no fault and arbitrarily deprived. Mr.X have to file Writ in high Court regarding this issue. You have the merit. The limitation period for Service matter only for 1 year between these period you have to file the case.

 

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9861819294


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