Equal pay for equal work- recent judgement ending disparity in pay due to entry pay concept by the 6th cpc

You question is not cleared. 1st give the information clearly.

If the post is upgraded that mean who were before the upgrade they will be 1st in gradation list and who ll be join after the upgrade they will be thereafter. Because when the post is going to be upgrade that post automatically dissolve and post no move valid.

you have to show the resoluation thereafter we can decide.

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9861819294

dear siir , Thanks for ur interest in my query... let me explain the matter in detail for better understanding.

i)       Upon following the above mentioned Gazette Notification, it is evident that as per the 6cpc recommendations, certain existing posts in the pre-revised pay structure with their respective pay scales were upgraded. In the process the post held by me i.e. TGT mentioned in the pay structure as corresponding with S-10 with a pay scale of 5500-175-9000 was also upgraded to S-13 with a pay scale of 7450-225-11500 in pay band 2 with grade pay of 4600. 

ii)      It is also evident that 6 CPC also replaced then existing pay structure carrying various posts wherein each post had its own pay scale, with its new Pay structure with the novelty of Pay Bands and Grade Pays. Each pay band as introduced by the 6cpc amalgamated within it a number of pre-revised scales of pay and hence, each pay band now included a number of posts, higher and lower posts in the earlier structure, in the same hierarchy. In the new pay structure,with each post within a pay band, the concept of Grade Paycorresponding to that post was also introduced. So now, in the new pay structure the basic pay for any post would be the sum total of pay in the pay band and the Grade Pay corresponding to the scale for a particular post.

C) For determining the new pay in the pay band for existing employees, a method was prescribed in accordance with Clause (A) (i) (ii)and (iii) of Rule 7, my pay in the pay band was thereby fixed at Rs 10890/- (excluding grade pay). To which the Grade pay corresponding to the upgraded scale i.e. Rs. 4600/- was paid(Clause (A) (iii) of Rule 7). What leads me in a state of resentment is the fact that although Grade Pay corresponding to the upgraded scale i.e. Rs. 4600/- is being granted to both pre-and-post 01-01-2006 directly recruited employees, yet the manner prescribed for arriving at my new pay in the pay band i.e. Rs. 10890/-(excluding grade pay) on date 01-01-2006 is certainly different from the manner which is prescribed for finalizing the pay of the fresh direct recruits i.e. Rs.12540 (excluding grade pay) on or after 01-01-2006. 

This becomes somewhat more discouraging in the light of the fact that while I am having two years of service experience on the said date 01-01-2006, yet the pay which is to be granted,for the post held by me i.e. TGT ordinary scale,as an entry pay on or after 01-01-2006 isRs. 12540/- (excluding grade pay), which is higher than my pay of Rs. 10890/- (excluding grade pay).

D)      Under this anomalous situation, I feel that Iam  holding a post of TGT Ordinary scale at the functional level represented by a Grade Pay of Rs. 4600/- corresponding to the pre-revised scale of 7450-225-11500,to which my post was upgraded. So, I cannot be denied the benefit of upgradation before initial fixation, when a fresh direct recruit on or after 01-01-2006 is being granted the entry pay by adding necessary increments in the new pay structure/upgraded scale 

So, I, myself being a direct recruit already holding the same post, feel that, my pay should be fixed as done in the case of fresh direct recruits i.e. in the upgraded scale corresponding to the grade pay of 4600, which is 7450-225-11500. Thereby, the minimum of this scale i.e. Rs 7450/- should be permitted/granted as existing basic pay and then the pay should be fixed in accordance with Clause (A) (i) (ii) and (iii) of Rule 7.

For illustration: (7450 * 1.86 = 13857 rounded off to Rs. 13860/-) + grade pay of 4600/- = 18460/-

This would be acomplete justice since it would also incorporate the fact that I have already served for 2 years on date 01-01-2006, on or after which the minimum entry pay has been fixed as 17140/-.

In worst case scenario, my pay cannot be fixed at amount less than Rs.12540 +4600 that comes out to be a total pay of 17140 /- on date 01-01-2006. As, whatever might be the manner for deciding this pay as an entry pay for the fresh direct recruits, my pay on this date is fixed at less than Rs. 17140/- despite every other thing being similar and myself having been in service in the same post for about 2 years since 19-01-2004.