Release of salary as per post
kanwal
(Querist) 10 April 2013
This query is : Resolved
Sir,
My query is that I was a State Government servent. I went to deputation with the State Government Undertaking initially for one year during 1994 on hither post in higher scale of pay having higher duties and responsibilities. On joinging with the borrowing deparement, I opted their scale and pay was fixed accordingly. My deputation got extended on year to year basis on the same term and conditions as was settled by the lending department. And i contintued to draw salary from the deputation post and regular increments were granted on deputation post.
However, during 2012 the Department of Personnel issued instructions for change of nomenclature of deputation to secondment and it was also mentioned that the persons who are already in deputation will be governed with the existing guidlines. Fresh guidlines will be applicable to fresh cases.
However, in my case i was treated by the borrowing authority on secondment basis after the issue of these instructions and I continued to work for three years. The borowing authority by applying these guidilnes suo moto started giving salary on the basis of my parent post which I held during 1994 in my parent post, however, the nature of duties and responsibility remained the same.
Thus situation has created like that yesterday i was getting salary to present post and next morning pay on previous post. I protested the Departments but with no response.
So Kindly advice in the matter about next course of action. Is there any ruling from the Ld. Courts or any law on this issue.
Raj Kumar Makkad
(Expert) 10 April 2013
Make a detailed representation followed by legal notice and civil case before CAT.
Devajyoti Barman
(Expert) 10 April 2013
For relief going to CAT seems to be an option.
prabhakar singh
(Expert) 11 April 2013
No alternative except those suggested.
V R SHROFF
(Expert) 11 April 2013
Well advised by Shri Barman
Guest
(Expert) 11 April 2013
I wonder, you are on deputation for the last 19 years, but you did not try to get yourself absorbed in the PSU. Any reason for that?
Secondly, description of your query lacks the most essential information on the following points:
1) Whether you had been getting extension of deputation with due approval of your parent organisation in the State Government or not?
2) What about your promotions in your parent cadre in the State Government and whether you had been getting your pay refixed as per each promotion you got in your parent offie or not?
3) Whether your lien is still alive in your parent cadre in the state Government for the lst 19 years?
Also please quote the letter No. of the DOPT of 2012, which you are referring to.
I don't think your case falls within the scope of Constitutional Law, the category in which you posted your query.
Anirudh
(Expert) 11 April 2013
You say that during 2012 the Department of Personnel issued instructions.
Can you paste here the complete instructions, (from top to bottom) so that one can go through the contents and come back.
ajay sethi
(Expert) 11 April 2013
answer queries raised by Dhingraji
Sudhir Kumar, Advocate
(Expert) 12 April 2013
slight different view.
You grievance (real or imaginary) doe snot fall in the CAT jurisdiction as it is apparently against state Govt.
If you had been on deputation beyond five years without DOPT consultation then your continued deputation is illegal.
kanwal
(Querist) 19 April 2013
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 respectfully 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.
