AMNEET KANT (CLERK) 03 April 2009

Help Me Reg.Revised Pay Scale

I was appointed as a clerk in Haryana Govt. Department in September 2007 for a period of 6 months on temporary basis in a regular pay scale of clerk (Rs. pay scale of Rs.3050-75-3950-EB-80-4590) and my services were extended from time to time. I am also handicapped with 75% of disability. I am also getting a (Ortho Handicapped) conveyance allowance from November 2008. Now I am getting a salary in old pay scale. The Department has not maintained my Service Book so far nor any increment has been given, nor pay has been fixed in new pay scale(Under Haryana Civil Services(Revised Pay) Rules,2008). what is my Legal Status? .

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7 Replies

A.Mohamed Thaheer (ADVOCATE) 03 April 2009

You are not a regular employee, since, you are appointed for a period of 6 months and it is being renewed time to time. That is the reason why no service book has not been opened in your case.

Hence, you have no legal claim in the present condition.

Since, you are physically handicapped, you can make a representation to the Government for considering your case for regular appointment in the post, under reservation quota for physically handicapped, if there is any provision in the Recruitment Rules, for this particular post or to any other post which is vacant, subject to the minimum required qualification for the post.

AMNEET KANT (CLERK) 03 April 2009

Thanks for the reply. I would be grateful if you please clarify whether the person employed on 6 months on temporary basis and are continuing in the services is entitled for new pay scale or not.

Omkar (student) 04 April 2009

I agree with Mr Thaheer you should try to become regular employee 1st on the basis of your past employment records

like pay slip appoinment orders & renual orders

If there is no gap between subsequent appoinment then. It will be good for you

A.Mohamed Thaheer (ADVOCATE) 04 April 2009

No, Until and unless become a regular employee and get a specific order for regular employment in the same post, you have right to claim new scale of pay for annual increment. Your present appointment is subject to renewal for evey six months and that is time to time basis.

A.Mohamed Thaheer (ADVOCATE) 04 April 2009

Sorry. No right to claim

Guest (Guest) 06 April 2009

I agree with Mr. Taheer to a large extent. But my disagreement as far as seeking the new pay scale is concerned. He has got a right to claim a new pay scale. Application of new pay scale does not have any relationship with the status of govt. employee. At the time of his initial appointment, the old scales were prevailing and he was offereed old scale. Now new scales came into effect, he is entitled to the new scales despite his job is temporary and time bound. Other wise, it also violates Article 14 of the constitution, as the permanent employees are drawing new scales (higher wages) comparing to this temporary employee and job rendered by both the classes are same.

I suggest he should move a representation to the higher authorities with utmost politeness seeking the new pay scale. If it is not accepted, legal redressal can be initiated.