Service Law (implementation off 6th pay commission)
Querist :
Anonymous
(Querist) 22 March 2011
This query is : Resolved
A person was appointed at the post of lecturer and was subsequently his appointmnet was cancelled. he filed a writ petition in the high court. stay on removal was granted and he was allowed to continue in service. writ petition is still pending. but the salary he is getting is as per the 5th pay commission and the college is not granting him salary as per 6th pay commission. what can he do.is his claim for salary as per 6th pay commission is correct?
Guest
(Expert) 23 March 2011
The term stay is known in common man's language, but court's orders about stay on your case must either would have mentioned the term "status quo" or "status quo ante."
Status quo is a Latin term meaning the present, current, existing state of affairs. To maintain the status quo is to keep things the way they presently are. Similarly, if the word used was "status quo ante" that mean "the state of things as that was before."
So, you can understand, nothing would affect your existing status, even the Pay Commission terms, till your case is decided finally or the stay is vacated before final decision. You may therefore have to wait till the judgment on your case.
Querist :
Anonymous
(Querist) 23 March 2011
Dear Mr. Dhingra, first of all thanks for your valuable input on my query. however, firstly, the order does not mention 'status quo' or 'status quo ante' the order precisely reads '...case admitted. In the meantime the petitioner to continue in service'. Now my predicament is that there are bleak chances that my case comes on hearing anytime in near future and if the case doesnot come on board for final hearing for a long time than the petitioner would suffer a loss of revised pay scale which would be a considerable amount by then. Whether it will be advisable to move an application for granting of pay according to the revised pay scale. Even if the application is not allowed we can make a prayer that matter is of urgent basis and the court can always take up the matter on priority basis and dispose it off early.
