• Deprivation of higher scale of salary and pay protection

I entered the West Bengal Police in the year 1983 as a direct Sub- Inspector of Police and got promotion as Inspector of Police in the year 2004 then I got my salary in higher scale from the date of joining. In the year 2010 I got another promotion as Deputy Superintendent of Police and got my salary from the date of my assuming higher post in the higher scale. Again, in August 2019 I got another promotion as Additional Superintendent of Police as per West Bengal seniority gradation list of Dy.SP/Addl.SP after completion of my tenure as Dy.SP for more than 8 years, but this time my department denied me to give a higher scale of salary for the higher post (Addl.SP post) and have fixed my salary in the lower grade scale of Dy.SP only. As a result of which I am also deprieved of approved service increment of Addl. SP post and also losing other monetary benefits of lower grade scale (Dy.SP scale) and other service amenities. So, considering all this I feel deprieved and also feel like I have been promoted to a position of less dignity in the same service. Hence, I have been deprived from my legal rights of natural justice because I will be losing monetary retirement benefits (retirement date 28.02.2021) though I am holding responsibility and discharging duties in a superior post (Addl.SP).
Hence, considering all this, kindly advise me whether such act of my competent authority is constitutionally valid and also will I not be able to get pay protection of the said superior post? kindly suggest.
Asked 1 month ago in Labour from Siliguri, West Bengal

The department cannot vary the salary and other benefits to your disadvantage unless there are cogent reasons for the same.

You must have given some representations and the department must have given some excuses/reasons for denying the increments.

File a writ petition in the high court praying for mandamus issued to the government.

Rahul Mishra
Advocate, Lucknow
6197 Answers
14 Consultations

5.0 on 5.0

Dear Client, 

Single increment will be equal to 3% of the amount of the pay in the pay band and the grade pay will be calculated and rounded off to the multiple of 10. The amount so generated shall be added to the current pay in the pay band but should not be less than the minimum of the pay band to which the employee is promoted.

The employee who is promoted will receive the grade pay designated to the cadre to which he/she is promoted.

Being aggrieved, file Writ in HC.

Yogendra Singh Rajawat
Advocate, Jaipur
16743 Answers
21 Consultations

4.6 on 5.0

Hello,

 

File a writ in the HC and take appropriate directions. The law is in your favor. It is a settled law that a person shall be given the salary as per the post on which the said person is working. 

let me know if I can be of some help.

 

Regards

Anilesh Tewari
Advocate, New Delhi
17403 Answers
280 Consultations

5.0 on 5.0

Dear Sir, 

Without any reason they have denied you higher . You may approach service tRIBUNl or High Court for a direction to consider your presentation for higher Scale. 

Kishan Dutt Kalaskar
Advocate, Bengaluru
4968 Answers
153 Consultations

5.0 on 5.0

It's not valid you can challenge the same before appropriate forum or HC under writ jurisdiction

Prashant Nayak
Advocate, Mumbai
16701 Answers
30 Consultations

4.6 on 5.0

If your promotion to Additional Superintendent of police post is a substantial one and not an acting promotion, you are entitled to the pay and allowances as fixed for the said post.

Any denial by the department towards the pay for post you have been promoted can be considered as deprivation of your  rights which may include even fundamental rights.

You may collect the details with documentary evidences for the injustice done to you in this regard, then you can neatly draft a complaint letter venting out your grievances chronologically, in writing and make a representation to the employer/competent authority  seeking its intervention and grant you the deserved relief.

On failing to fetch a favorable result, you may approach state administrative tribunal against the injustice meted out to you  by filing a OA and seek releif and remedy for this.

You may take the assistance of a service law practicing lawyer in the local with good track record in such matters.

 

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

1. No this action is constitutionally not valid.

2. For getting pay protection of superior post you should file writ petition before High court of west Bengal.

Mohit Kapoor
Advocate, Rohtak
6572 Answers
2 Consultations

5.0 on 5.0

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