As there is a difference of the pattern they may say that they are right but this is wrong as pay any how has to be protected with a slab higher if not founding place in lower slab, so they are wrong but due to difference of pattern they may say, so file a writ before the Hon'ble High Court for the relief which you will get definitely.
Pay Fixation while on deputation from IDA to CDA pattern
I have been appointed on deputation from a Autonomous Body having IDA pattern of pay scale to another Autonomous Body having CDA pattern of pay scale. My last pay drawn at parent department are as following : A. Basic Pay - 23900 B. Officers Special pay - 4385 C. Total Basic (A+B) - 28285 D. New Basic after one increment@3% on C - 29135 E. DA@127.80% on D - 37235 F Total emoluments comprising Pay plus DA (D+E) - 66370 as per the level 10 matrix (as i have been appointed on level 10 ) if we choose the basic 61300 : Basic + DA@7% at that time =61300 + 4291 = 65591* * This is less than basic plus DA as calculated at F above, Hence to go one level higher i.e. 63100 Basic + DA@7%= 63100 + 4417 = 65517* * Accordingly the pay shall be fixed on 63100 in level 10. The above calculation have been done as per the Dopt Order dated 17.06.2010 as per clause no. 5.1(ii)b. But the borrowing department fixed my pay on the basic of 61300 in level 10 one cell below duly giving personnel pay of the difference amount instead of fixing my pay at 63100, by giving the reason that there is no mention in the order dated 17.06.2010 (issued during the 6th pay commission pay scale were implemented and no cells were exists at that time) that if the after comparison of pay of parent and borrowing department if pay comes in between the cells, the pay shall be fixed in upper cell or lower cell (the same rule is very clear in the original FR 22, when the pay scales were also like 7th CPC ). I have given representation many times but the same have not been solved. Further, In my parent department interim relief per month basis has been given as the pay revision is pending, the same have also not been extended to me in the borrowed department. Please guide in the above matters.
Asked 6 years ago in Labour
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9 Answers
It's not as per the applicable procedure. You can raise the same with the senior authorities in writing and thereafter if not addressed then you can file writ petition in high court for the same
Please give suggestions on interim relief part also
Asked 6 years ago
interim relief can only be granted by court in this case
Interim relief may also be made matter of question for the relief in writ because new department will not extend this facility to you as they are following the other pattern.
Approach High Court by way of writ.
Hello,
There is clear cut violation of the statutory provisions. If the representations made by you have not been decided by the department then you may approach the High Court and file a writ of mandamus their upon request in the court to direct the respondent to decide the representation at the earliest .
regards
You may give a written representation mentioning all your grievances to the competent authority through proper channel.
Wait for 15 days for a reply.
If there is no reply or if the reply is not in your favor then you may file a writ petition or approach CAT of your state for relief and remedy.
You may be in touch with a service law practicing lawyer for all such further issues.
For all reliefs you may have to adopt the procedure as suggested so that you will get the desired reliefs.
Dear
You should file a petition before high court if you think that the borrowing department is not giving you proper relief even after implementation of 7 pay commission.
