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Same rank but differenet pay scale

(Querist) 04 March 2016 This query is : Resolved 
DearSir,

Tamilnadu Public Service Commission (TNPSC) had notified for Assistant Engineer in the Pay scale of 15600-39100 with GP 5400 on Dec 2012, The exam was scheduled on Mar 2013. We got selected and got appointment order on Jan 2015 with pay scale of 9300-34800 with GP 5100. We totally 172 Assistant Engineers has joined in Public Works Department of Tamilnadu. But our seniors (assistant Engineers joined before us) are getting 15600-39100 with GP 5400, They have reduced the pay scale only for us. Though we have filled case in Madras High court through our Organisation, There is no improvements since one year.
So kindly suggest us to move furthur with authorities in constitution or apprapriate clauses.

Thanking You.
P. Venu (Expert) 04 March 2016
Is there any specific order reducing the Grade Pay?
P. Venu (Expert) 04 March 2016
Is there any specific order reducing the Grade Pay?
Guest (Expert) 04 March 2016
In view of complexity of your problem, better get the notification of the TPSC, along with your allocation and appointment order, examined in detail by some service law expert. Otherwise, all your efforts, even up to the leval of the Supreme Court, may go waste, if not prepared for a perfect case before going to SAT or other competwent court of law, as the case may be.
govindarajan (Querist) 05 March 2016
Sir, There is a GO No 242 on July 2013 by reducing pay scale for all the Assistant Engineer, but they got stay order immediately for that GO 242 and getting the original scale. We no joined in Jan 2015, Finance dept are saying that the stay order is not for new commers only for Assistant Engineer already working.
govindarajan (Querist) 05 March 2016
Sir, There is a GO No 242 on July 2013 by reducing pay scale for all the Assistant Engineer, but they got stay order immediately for that GO 242 and getting the original scale. We no joined in Jan 2015, Finance dept are saying that the stay order is not for new commers only for Assistant Engineer already working.
Guest (Expert) 05 March 2016
Dear Govindarajan,

Finance department's observation is correct. Moreover, pay of the existing employees cannot be reduced from the pay scale on which they were appointed. The reduced pay scale can be made applicable only on the employees joining subsequently after the date of notification.

However, you and your colleagues have the probability of winning your case, if you also go to the court on the ground that as per department's ad, you applied for the post with the existing published scale, not for subsequently reduced scale of pay.
Rajendra K Goyal (Expert) 06 March 2016
Agree with the advice from expert PS Dhingra.
govindarajan (Querist) 06 March 2016
Thank you sir
Guest (Expert) 06 March 2016
U R welcome


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