Reduction in pay
WHATSAPP 91-8075113965
(Querist) 16 December 2012
This query is : Resolved
sirs,
here i am explaining my client's grievances of reduction in pay. please advise me, sir .
FACTS AS EXPLAINED BY MY CLIENT IS AS FOLLOWS :
I am looking for your kind legal advice which is concerned to my pay fixation under sixth pay commission as new appointment after 01-01-2006 in central Govt funded research Institute (NIPER, Mohali)
I have been appointed as scientist-I in pay band-3 (15600-39100; GP-5400) at the initial pay of 15600/- on 16th may 2011. Before that I was working as scientist II in same organization in the pay band 2 (9300-34400; GP 4600) at the pay of Rs 21460/- (pay band 16860 + GP 4600).
On joining, I opted for the fixation of my pay at the date of next increment (DNI) i,e, on 1st July 2011. The competent authority has reduced my pay in the pay band from Rs. 16860 to 16060/- and provided the total pay as such i,e, Rs. 21460 ( saying that my pay has been protected according to the new rule of 6CPC; DOPT Office Memorandum N0. 12.3/2009-Pay-I; dated 30th march 2010).).
On 1st July one regular increment also has been provided. However I feel my pay should be fixed as 16860 + 5400/- =22260/- on 16 th May 2011. I assume that pay protection implies that protection of Pay band + DA + applicable grade pay as well, with the best of my understanding based on previous pay commission fixation rules.
How the concerned authority may reduced my already achieved last pay by Rs 800/- in the pay band from Rs 16860/- to Rs 16060/-? I have achieved this pay due to 14 years of long service and I have been appointed at higher pay scales. Logically my pay must go up.
I personally believe that reducing my pay in the pay band (16860 to 16060) is mis-interpretation of the concerned circular statement: which that “the pay in the pay Band fixed under this formulation will not be fixed at a stage lower than entry pay in the revised pay structure (corresponding to the grade pay applicable to the post) for direct recruits on or after 1.1.2006.” I assume that in present case this statement implies that if anybody pay in the pay band is less than Rs. 15600/- even then his/her pay in the pay band must be fixed minimum at 15600/-. But this circular never says that the exiting pay if it is already greater than entry pay ( >15600) in the pay band may be reduced.
Raj Kumar Makkad
(Expert) 16 December 2012
Why your clients are not coming forward and are contacting and providing you such serious cases, the reply of which is not with you?
Raj Kumar Makkad
(Expert) 16 December 2012
Let your clients post their own problems. You are not even reading the relies of your old queries and are continue sly posting one after other as if whole world has become your client and they have authorized you to post at LCI so that those clients may read our replies.
WHATSAPP 91-8075113965
(Querist) 29 December 2012
good morning sir,
i am lawyer practicing in the district courts, thalassery for the past 16 years and i may not be an efficient and eloquent lawyer like you. But, one thing , i want to add is that i have been a member / expert of this site, even before you. because, i became a member on 2008 jan 6 and you have become a member only on 2009 september 4.I have heen interacting in site for more than 4 years.that you can see, if you verify my answers to past criminal queries of our friends....but, as i was busy with some other work last days , i just copied my clients doubts over here, to get apt replies , so that i can save my time. I DON'T THINK IT IS AN OFFENSE DESERVING CAPITAL PUNISHMENT , or a thing which has to be ridiculed...... i am writing all these just because of the humiliating comments made by you on me for posting a series of quires.... at the most, if you feel that these questions are asked by a fool, you could have kept mum, rather than making fun of me .....please consider that a lawyer with a little knowledge should also have the right to live in this democratic country. He has also has the right to ask doubts, however foolish it maybe ..moreover, it has to be understood that no one is born as a senior lawyer and no one can be a senior lawyer without being "a so called foolish junior lawyer" .......
thanks and bye ....
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
MOB : 9447536929
9061435365
prabhakar singh
(Expert) 29 December 2012
All that you need is interpretation of “the pay in the pay Band fixed under this formulation will not be fixed at a stage lower than entry pay in the revised pay structure (corresponding to the grade pay applicable to the post) for direct recruits on or after 1.1.2006.” for which my opinion agrees with your interpretation.
Raj Kumar Makkad
(Expert) 29 December 2012
Most welcome after 12 days.
Thanks my Senior sir Salil for chasing me. You posted a lot of queries at the same time on the site without caring for the replies which is also reflected by the fact that you could spare time to read the reply against your query only after a short span of 12 days. I don't know after how much days, you shall read this reply to your offensive comments.
A lawyer merely shifting his onus to dealing his entire cases of clients on a single day within a span of one hour on the experts of this site do not deserve any help.
The language used in the queries further makes clear that even after spending precious 16 years in this profession, you have not been able to understand common laws which are part and parcel of a lawyer in his daily routine. Who shall believe that clients engage such lawyer for their serious cases who even is not having the knowledge of stay order or procedure to obtain bail
I do regard every genuine querist and try to submit my reply as per limits of my mind which can be got reflected that despite of your seniority by 1 year from my entry in this site, I could become top expert.
Anyway, I don't require any certificate from anyone for the contribution I could make on LCI as I do this just for my own satisfaction and I need not follow the dictation of any one whether I should keep mum against any query or should reply in any particular manner.
Guest
(Expert) 29 December 2012
Impressed with the introduction of the querist, but not the way by which he wants to prove as expert through borrowed bits of knowledge. As revealed by 100% reproduction of his clients' problems, not his own doubts by expressing his own opinion in the case, it seems, as if he does not want to acquire true knowledge for himself by going through service rules and regulations.
