No salary increment in himachal pradesh government job


 

I joined as a TGT(Arts) in Himachal Pradesh Education Department in July 1984 on adhoc basis and He got permanent as well on 01-04 -94 as TGT(Arts).

Client Qualification: 1-B.A in Hindi, Sanskrit and Poltical Scince.2- B.Ed in Hindi and Sanskrit.

 

While gov appointed him as a permanent employee it declare a circulation that those whor are not B.A in English they will not get any hike in salary untill they do B.A in English.

 

On this i have some questions and looking for expert advice

Q.1 If gov tghought that i am not fitting into criteria why they appointed me on adhoc basis and then permanent Arts TGT.

Q.2 Gov gave relexation to B.COm graduate as apppointing them Arts TGT while they have not studied any arts subject(like hindi, Poltical science, sanskrit etc.) in graduation.How it is possible ? Why the partiality.

Q.3 Is there any chance to get the compensation from H.P government.

Regards
Kuldeep
9910040135
 
Reply   
 
FIN

All those who are affected by the decision of the state govt. may join hands and move the court of law.

In Himachal State any govt. which has ignored employees/section of employee has suffered electoral loss. Employees form a major chunk of voters. There are unions of almost all employees and are sensitive to the employees. The affected employees can submit a representation to the authorities and ministry and try.

 
Reply   
 


ADVOCATE

By Law an Employer has a right to change terms of appointment after giving the employee due notice of accepting it or quitting.

 

Here the Govt has given you option to either pass BA(Eng) or NO HIKE.

This is the right of the Employer

Third option is to quit

Fourth option is to go to a lawyer and jointly go before a Court of Law

Your Union can fight at their level too

Lawyers will always say , YOU have a strong case and if there are 200Employees , they will ask you first 25000 Rs , then 25000 and make it a figure of 5 Lakh whch will burden each around  2000-2500 and the result may come after years. Then whoever looses goes to High Court  (Govt at no cost , You again to shell out something) . Then to Supreme Court and again to shell out something 

May take 15 to 20 yrs till final outcome comes . Some may see the result from Heavens or Hell , as the case be.

Shortest course is to pass BA(Eng) and be happy and increase your knowledge with pay hike too.


My Advise

                    Even if you are entrapped in some Court  procedures , get admission in BA(Eng) Pass it and live merrily.

                    Passing BA(Eng) is easier and cheaper than going thro Court proceedings.

                    Finally , you are the best judge .

                    And if an advocate is asking for his client then dont show him this o0r else you will loose a Good client.

 

                    With regards ,

 
Reply   
 

Thanks for the reply mr. Godbole. I am agreeing with your response. But my question is regarding partiality on the basis of region. As english is compulsory as one of the subject for B.A in Himachal while same is not true for U.P. Unfortunately we all four employee belong to U.P who did B.A without english.

we appealed in high court and court says for Arts TGT English and Social science are must.My question is if these two subject are must why did the appoint B.Com graduate as arts TGT and gave them this relaxation.They have also not studied social science in graduation.

 

Regards

Kuldeep

 
Reply   
 
ADVOCATE

The answer is simple

If Employer is same , they cannot have two different criteria for Apptt for different states

But if Employer are different

Each has a right to decide his own criteria

Two factory Owners can have deifferent criteria of few things , but they must adhere to Indusrial , Min Wages , Security , Hygine Act of Centre as well as State Acts

But if there is no such Act governing both apptts  in different States , You have no Case

Pass BA Eng , which is easy

 
Reply   
 
FIN

Employer's discretion seems to be, that English is must, social sciences can be overlooked.

The court may advice deny the benefit to teachers with B.com also, and that once who teaches students can learn also, therefore all should avail requisite qualification, and employer may grant the opportunity for the same to all as per rules.

The employer may grant avenues to enroll and take exam. Kindly check  and confirm in writing, (even if it RTI) if BA with  English and social sciences thru distance mode ( H.P Univ, IGNOU etc) is  recognized and accepted by your employer, and which univ for the same are recognized by the dept.. You can apply thru official mode and avail official permission and proceed as per rules.

 
Reply   
 
Consultant & Legal Analyst

You need take the BA course in full if you already hold a BA degree. In that case, to make you eligible for increments, you need to pass papers only in English subject, as per prescribed syllabus in BA, as an additional subject in addition to your previous BA degree you already hold.

 
Reply   
 
FIN

Learned Mr. Dhingra has given valuable advice. Kindly follow it.

 
Reply   
 
Dy Director

Nobody is advising her to see the statutory recruitment rules for the post held which the state govt may have framaded under provision to Article 309 of the constitutuion without which no appointment can take place. Such rules will be required even if the case is to be found on alone or on union platform, on streets or in court. Please note the employer is government and is not bound if the appointment letter contains any promise not supported by statutory provisions.

 
Reply   
 
FIN

Kindly obtain the rules, from Dept. or thru RTI route.If you have already obtained the rules, post these.

Kindly put an effort. There is a always a soloution.

 
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