What are grounds mentioned for refusal to grant you pay protection?
2) you are entitled to pay protection
3) you can file application before CAT to seek pay protection
Pay protection from state psu to central psu
I have joined from State PSU to Central PSU. my basic in state PSU was more, as per my new Central PSU gudelines the pay has to protected but my application was not approved by my company. please advise what to do? there are no clear cut formulae given either by DPE or my PSU, only one sentence was given "Executives, who have joined from other PSUs/Central/State Governments and whose pay is revised in their earlier organization, shall be entitled to normal pay protection as per rules."
Asked 7 years ago in Business Law
11 Answers
Hi,
You are suggested to write representation to your present department and if not done by them, ask the policy under which the said provision was given. If that is in your favour, you may file a writ petition in High court for the same.
Sir as per the rule written below you shall be entitled to pay protection so in that case if the department on your representation fails to grant you pay protection file OA before Central Administrative Tribunal seeking the relief.
You may peruse the service regulations in this regard and get clarified personally
You need to challenge the same in writ petition for speedy remedy
The rules stated by you are clear.
Hence you can approach high court with a writ petition seeking relief and remedy in this regard.
Dear Sir,
When there is differences of opinion or no clarity then the Tribunals and Courts will interpret the terms, in this background you are advise to approach either Service Tribunal or High Court.
Can we quote Supreme Court Civil Appeal No 5481 of 2011 for this case. Dairy No 5272-2010. C.A. No.-[deleted]. My department as a reply reported that my scale is very high compared to existing scale.
Asked 6 years ago
You can rely upon judgments that support your plea for pay protection
IF THE REFERRED LAW IS SUITABLE TO YOUR CASE, YOU CAN VERY WELL, QUOTE THE SAME IN YOUR REPRESENTATION TO YOUR DEPARTMENT WHILE CLARIFYING YOUR PAY SCALE ISSUE.
Yes you can
You can quote related judgements but If they don't listen then you need to file writ petition as advised