Pay Anomoly

Querist : Anonymous (Querist) 07 May 2010 This query is : Resolved
I am working in APTRANSCO in A.P. My junior is drawing more pay than me. As per our service rules, my pay shall also be stepped up on par with my junior. For filing rerpresentation for stepping 5 years time limit from the date of promotion of my junioris fixed up by the management.
1) Is it leggally correct in fixing up a limit for raising pay anomoly and for its rectification?
2) Can I challenge in the court of law regarding fixation of time limit?
3) Any judgmenets on pay anomoly may kindly be cited.
4) My case is time barred. can I go to court for condonation of time for admitting my application. If so, will the courts give direction to the management for admission of my application?

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ESTHERPRIYA (Expert) 07 May 2010
You can do so.

Parthasarathi Loganathan (Expert) 07 May 2010
Normally such anomalies in Pay emanate when pay structures are formulated to benefit the larger section of employees. This is very much common in Public Sector organisations.

Raj Kumar Makkad (Expert) 07 May 2010
it is your legal right to be treated at par with other employees and there is no hurdle of law of limitation in writ so I suggest you to first make a representation to your department to eradicate ur legal grievances then serve lega notice failing which file either civil suit with condonation application or writ before HC wherein there is no need of filing such application.

P.ESAKKIMUTHU (Expert) 09 May 2010
As far as myself is concerned, there must be a reasonable time limit to set right any error/anamoly in fixation of pay etc.The time limit fixed by your management is reasonable. If any deviation was made by your management in allowing representations from others on anomaly, you canalso claim it or otherwise it is discriminatory.There is possibility by the Courts to treat the matter as stale or laches

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