• Pay fixation on promotion anamoly for loco pilot in railways

Sir,
Myself M.Arun Kumar working as Loco pilot/goods in southern railway.our promotion order released from Divisional Personnel Office(DPO) on 09/03/2016 for 65 employees as a single batch.As per promotion order we have to complete our mandatory training(open line handling to work goods trains)and get certified by our superior for fit to perform independent duty.
In the same promotion order from DPO office where  clearly stated that "No employees shall be retained on administrative ground which affecting promotion".if the condition is like this, some of the employees whose name available in promotion order were retained in ex.cadre(lower post)due to shortage of lower cadre and we were relieved lately(myself relived after 3 months from promotion order date).While we are in training 7th CPC notification order were released on 25/07/2016.Some of the employees was got fit before this 7th CPC notification and given the option form to fix their pay in 6th CPC and then 7th CPC effect to be given.Now their basic pay were fixed as Rs.39,900/-.But unfortunately due to the administration delay in reliving late, 30 members including myself were got promoted after this 7th CPC notification and fixed with basic pay of Rs .35,400/-.In this affected 30 members 11members are seniors to 2 members who got promoted before to 7th CPC notification and now they got repay fixation based on "juniors getting more pay anamoly"and fixed with b.pay Rs.39,900/-and remaining 19 members were not considered for repay fixation as we are juniors told by administration.one more thing is some of this 11 members who got repay fixation were got fit(promoted)later to me . In the same promotion order some employees getting more basic pay and some employees less b.pay.Due to this problem 19 members including myself  getting a financial loss of Rs.7000/-per month including all allowances.Regarding this grievance I given letter to DPO two times and many times written in grievance register provided in our office,despite no action or reply given to me.when I met DPO personally and asked about this, officer told that there is no rule provision to step up your pay .I informed him that I will move to court as a next step since this loss happened to me is due to delay on administration ground.
*Sir please kindly suggest me how to find solution to the above issue.
*What are the possibilities I have to deal this issue.
*Is there any rule  provision or court order to claim for same basic pay for same promotion order.
Kindly give your valuable legal advice to get relief from this matter.
With regards,
M.Arun Kumar.
E-mail I'd:kumar90series@gmail .com.
Mob:09003085974.
Asked 4 years ago in Labour

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

4 Answers

File an original application for revision of pay before the central administrative tribunal.

And challange the impugned notification with.effect of that employees promoted from same scale at same time getting different pay without any penalty or any departmental inquiry.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You may send a representation in writing to the competent authority through proper channel once again as a last chance venting out your grievance and seek direction to give you relief and remedy including the financial loss.

You wait for a reply in writing rejecting your request quoting the relevant rules in this regard.

Even if you dont get a reply after waiting for a reasonable period, you may plan to approach appropriate legal forum for relief and remedy.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

The divisional personnel officer is not the competent authority to take such decisions on his as per his whims.

You can ask him to give it in writing by submitting an application to him in this regard.

If you don't get a reply in writing then you may escalate the matter to higher authority above DPO.

The legal action may be reserved as last resort.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

In my opinion DPO doesn't have such authority and he cannot reach beyond his authority.

Since you have already given letter to DPO then challange the same.order.before the administrative tribunal on being arbitrary and illegal.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer