Release of salary as per post
kanwal
(Querist) 22 April 2013
This query is : Resolved
Sir,
First of all I thank all experts for attending to my query immediately. Though my query could not be solved in toto due to non availibility of information from my side, for which i regret. Therefore, as desired by some of the experts I submit following information:
1. That after getting selected through direct recruitment I was considered and taken on deputation as Company Secretary w.e.f. 5-10-94 in the H.P. State Civil Supplies Corporation, Shimla.
2. On joining, I opted the pay scale of the post of Company Secretary in the Corporation and my pay was fixed in then pay scale of Rs. 7880-11660. I completed seven years of deputation in the Corporation on 4-10-2001. I was also getting regular annual increments on this pay scale and pay was also being fixed by the Corporation accordingly.
3. Meanwhile, the Government of Himachal Pradesh vide office memorandum No. 8-17/73-DP(AP-II)-pt. dated 28th June 2001 had changed the procedure for filling up of posts on deputation basis. In the said memorandum the Government of H.P. had also clarified that employees who were on deputation shall continue to be governed under the existing procedure.
4. Importantly, I was working on deputation basis w.e.f 5-10-1994 i.e. prior to the issue of above office memorandum dated 28th June, 2001. There was no change in terms and conditions of my deputation till 4-10-2001.
5. As deputation period was being extended on year to year basis, I was treated on secondment basis against the guidelines issued by DOP from 5/10/2001 till 5/2/2005. My deputation/secondment period with the Corporation was duly approved by the competent authorities regularly and there was no break in my deputation period. I was repatriated to my parent department on 5/2/2005.
6. During this entire deputation/secondment period as Company Secretary in the Corporation, the duties and responsibilities remained the same. However, my salary and allowances were reduced from 5-10-2001 to the pay scale and allowances of parental post which I held in my parent department way back during 1994 i.e. before my selection as Company Secretary in the Corporation. The pay scale and allowances of this parental post was lesser than to CS post and this post was Class III Post.
7. As a result of this decision, situation arisen that though I was working as Company Secretary in the Corporation which was a Class I Gazetted selection post and was getting pay and allowances of this post till 4-10-2001 however next morning I was given the pay and allowances of Sr. Assistant which was class III post i.e. from 5.10.2001 till 5/2/2005. Although, I continued to work as Company Secretary in the Corporation with same nature of duties and responsibilities till my repatriation to my parent department on 5/2/2005 however, difference of my salary as Company Secretary has not been released despite my requests.
8. Since, I opted the pay scale and other allowances of the post of Company Secretary from the day of joining in the Corporation as Company Secretary, therefore for all intent and purposes I was entitled to draw pay and allowances of the post of Company Secretary for which I was appointed and worked there till I worked as Company Secretary. However, no decision has been taken as yet for release of difference of pay and allowances for the said period.
It is also submitted that in H.P. there is no service tribunal.
Kindly advice and quote any judgment delivered by the Apex Court in similar nature of case, if any.
Raj Kumar Makkad
(Expert) 23 April 2013
You should serve a legal notice and then should go to CAT in the given matter. You are very well entitled to the difference of pay scale and no discrimination can be made with you.
kanwal
(Querist) 23 April 2013
Thank you very much Sir. However it may also be clarified that since there is no Administrative Tribunal, therefore, I pursume that I have to approach High Court of the State.
Further, i shall be obliged if i can get any authority on this issue which would help me in the Court.
Raj Kumar Makkad
(Expert) 23 April 2013
If there is no administrative Tribunal then you have no other option but to approach high court and so far as case law is concerned, you are required to make some labour at your end for searching favourable law at indiankanoon.org site.
