Arrears of 6th pay commission

Querist : Anonymous (Querist) 17 January 2011 This query is : Resolved
Sir, I had worked in MAHARASHTRA STATE SEEDS CORPORATION LTD., AKOLA, MAHARASHTRA, INDIA as Research Associate (Permanent Job). This is a Govt. of Maharashtra undertaking company. I have resigned my job on 14/07/2009. Now the employees of corporation is getting the salary according to 6th pay cimmission. They have also got arrears from 1/1/2006. Now management of corporation is denying the arrears to those who had resigned the job. They had made a such resolution in their board meeting. Can they make such resolution against the employee? In GR of Govt. of Maharashtra such things are not mentioned. Kindly suggest the way to have my own rights.

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Ajay Bansal (Expert) 17 January 2011
The 6th pay commission is enforced w.e.f 1.1.2006 by a Gazzate Notification,which has retrospective effect from 1.1.2006 to issuance of said Gazzate Notification.So your case is also fallen in said Notification and hence you are entitled to get claim in question.So either file a C.W.P in High Court or file a civil suit in Civil Court for obtaining benafits in question.

Kirti Kar Tripathi (Expert) 17 January 2011
Yes, I agree with Mr. Bansal. Since the pay commission's report was implemented by a Government Notification it is binding upon the corporation under the law. The resolution made by the Board of Director can not over ride the said provision. You file writ petition. You will win.

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