Case on disparity in salary

Query is vague.

Dear Sudhir Kumar you seem to be Govt Advocate... LOL

your reply is vague.it seems you never come across such cases. go and check out with HC and SC you will find at least 1000 such cases against govt and govt auth.

Dont reply when you dont have any say on it....

The query does not disclosed the actual reason for suffering so it is difficult to know whether it is justified or not and if justified then what is the best remedy. 

Stepping up of salary at par with junior is very simple in Govt. It is a routine matter and matter of right. If any odd department rejects this right one can move to CAT.

If the applicant is not getting the relief from deptt then either his case is not so simple or artificially complicated by deptt (or even himself). 

Your query is not very clear.  it does not reveal :-

(i) Whether Mr X is having lesser salary than Mr Y.

(ii) Whether both hold same designation

(iii) Is Mr X having a prior Sl No as compared to Mr Y in any seniority list.

(iv) Whether the seniority list is still operative.

(v) Whether the higher salary of Mr Y is not caused due to (a) his earlier officiation /joining on the post (b) his already higher salary in the lower post before promotion.

(vi) Mr X has not suffered stoppage at EB or any penalty affecting the salary.

(vii) Mr Y does not have any personal pay due (i) higher qualification (ii) Family planning operation etc.

If the answer to these questions is in favour of Mr X then please elaborate on which arguments (which you have not speficied) department is defending the case.  Whether they are actually defending or just getting lazy.

In case the arguments (if any) given by the department in the reply (if any) to the representation (if any) are not legally tenable as per FR&SR then he can move to the CAT. Before doing so it is essential that sufficient time should have lapsed after his representation (giving full facts of the case ) to the competent authority

He can also submit an appear under Rule23(iv) of CCS(CC&A) Rules if he feels any rule is being distorted to his disadvantage. Such appeal will be addressed to the notified Appellate Authority or to the Authority higher than the Authority specified to Part V of Schedule to CCS(CC&A) Rules..

Dear Mr Sudhir,

Mr X joined in nov'1974 where as Mr Y joined in midlle of 1975. Mr. Y got all the promotion only after Mr. X. Mr. X & Y are on same Rank. Even Mr. X retired from that rank and Mr. Y shall be retiring next year. Seniority list is operative.

However the organisation missed one payband increment in case of Mr. X and he is getting leser salary than Mr. Y. (I have seen both the payslips). the accts and payroll admits that ther is discrepancy in the salary and Mr. X is getting lesser but the revision/ upgrade will requires high level approval and those who miscalculated may be penalised for there errant act hence they are abstaining to revise.

this time your reply deserves Bigg thanks.

In the first instance i worte only the crux of the issue and didn't write whole story waiting for LCI member to respond then only i would have narrated the whole story.

First of all do not say that "this time your reply deserves Bigg thanks".  It is sarcastic.  My replies are generally thanked particularly in service matters and appreciated by the experts in this forum who I consider to be more enlightened than me.

It is only your query which was silent of the facts.

The query is still vague.  it speaks that they joined in 1975/1975. Are they in the same rank for all the 35/36 years.  The Pay Band concept started in from 1.1.2006, whether they were holding the same length of service since last promotion. Let the employee himself come with the full facts. 

If the victim is retiring early then the disparity (which I believe really exists as you told that deptt is admitting) is going to adversely affect his pension /gratuity/leave encashment.

In case the employees of audit /administration have done some error then it is not necessary that they may be penalized.   I do not know what prevents the victim from meeting higher authorities. Such like anomaly can be ratified at middle level and there is no need to approach highest authority.

In case he is not heard, despite representation he can move the CAT by engaging a good lawyer after showing him all the papers.

Dear Sudhir Sahab,

Pls stop replying this thread. It seems you are confused and lack in taking up case and dealing with authority.

thanks for your efforts and interest. 

I believe you have sympathy for the person for whom you are making the query and you would have been in better position to explain had the full facts been with you. It is still not clear if the anomaly started from 1.1.2006 or even before.

It is a matter of appreciation for your efforts that you though not being aware of service matters, are attempting to help someone in service matters perhaps you feel that there is some injustice to the person.  Very few persons have such initiative.  But arrogance does not replace and shortcoming rather overshadows your philanthropic intentions.

It is the concerned person alone who has to represent to the department and your correspondence (though well versed to deal with Govt offices) will amount to violation of Rule 20 of CCS(Conduct) Rules and would put the person in trouble.  He may submit representation himself or through legal notice but without representation CAT may not hear him because he has to declare before CAT that depttl remedies have been exhausted. In case the person is docile (which is apparent from the facts) then there may be no harm to him if you meet the concerned authorities to pursue his representation.

Such representation need not contain any legal citation. Only he has to submit as how he is senior to other person (which you claim that there is already a seniority list) and since when the junior is drawing more and how much more. Many Govt servants submit such representations and succeed. He is not the first such case [unless some more relevant facts are there]

In this thread you have also intimated that the person is shortly retiring. Mind it, in Govt machinery the grievance of retired person is less heard.  In any case grievance gets compounded on retirement when person receives less pension/commutation/ DCRG/leave encashment.  Even if the grievance is resolved after retirement then fresh PPO is issued which further takes times and delays the arrears.  

It is better his grievance be solved within his service either within deptt or by CAT.  Hence I repeat " If the victim is retiring early then the disparity (which I believe really exists as you told that deptt is admitting) is going to adversely affect his pension /gratuity/leave encashment.  In case the employees of audit /administration have done some error then it is not necessary that they may be penalized.   I do not know what prevents the victim from meeting higher authorities. Such like anomaly can be ratified at middle level and there is no need to approach highest authority. In case he is not heard, despite representation he can move the CAT by engaging a good lawyer after showing him all the papers."

So anyone having sympathy for the person has to advise him to move fast.

Dear Sudhir Sahab,

There are more intelligent people in the world who could understand the "Vague query" and came our with better solution that too on PM.

Thanks for your interest and efforts. 

Vikash Dwivedi 

Chartered Accountant

Thanks for reciprocating my charitable and modest advise. May got give you strength to carry on with this attitude.

After going through the above arguments between the querist and the expert,I am really confused.Mr.Vikash,you have posted a query and the Ld.expert has given the answer in his capacity and knowledge.One thing you have to remember Mr.Vikash,you have no right to argue or criticise the expert.If you are not satisfied with the reply,you can wait till some other experts answers.You are a Chartered Accountant, so kindly be patient till you get your answer.

God is not equally kind to all.

Some persons are derived of health/wealth or knowledge

There are more unlucky one who are deprived of modesty/greatfulness.  even if receiving charity

I still feel like appreciating this querist for his effort to help someone in distress in a field in which he has no knwledge. Very few are lucky to have such initiative. This vitue may overshadow his arrogance one day.

Dear Mr. CA VK Dwivedi ,

Now comming to your query,Is your office a Central Govt.Dept,or a Public Sector Undertaking, an independent organisation under the Central Government.These are governed by diferent pay rules and pay scales.If you can clarify in detail,I think I can give a proper answer.