• Time bound pay scale change injustice

I am a regular class ll officer in Animal Husbandry Department of MP. I joined my service on 6.10.1997.We are entitled for time bound Scale change (समयमान वेतनमान क्रमोन्नति) at our 8yrs,16yrs, & 30 yrs of completion of service.I had cleared my probation period in 2 years and got my 1st time bound scale just after 08 year of my service on 01.06.2006. Now my 2nd time bound scale gradation change was due after 16 year of my services on 06.10.2013 but this has given from date 01.04.2019 which is 6 year delayed with huge economic loss for all my increasing salary arrears & increments. Orders for this issued after DPC on 20.3.2020. One previous order issued after DPC on 28.8.2017 didn't included my name. For non inclusion in previous order & delayedment in current order, Director Vet Services (appointing authority) has not given me any information /intimation of reasons.What should I do to get the time scale in due date 6.10.2013. Please advise. 
Dr Rajesh Kumar Soni 
Vet surgeon Katni
Asked 5 years ago in Labour

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5 Answers

1. The query is not clear on many counts including whether this time bound pay scale is linked with promotion to higher grade or not.

2. If the increase in pay scale after the fixed time is subject to promotion to higher cadre then in the event of non promotion the pay scale can not be enforced.

3. I am not sure why you have mentioned the issue of your promotion as well if the same is not linked with time bound pay scale.

4. It is not clear whether you fulfilled the criteria of all parameters for further promotion if the promotion is based on seniority subject to merit.

5. I any case you have t option to assail the deprivation of pay scale as well promotion to the appropriate forum to which your rights are amenable like Administrative Tribunal or the High Court.

6. please take not that no employee has any vested right for promotion. Only right he has is the right for consideration for promotion. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Hi,it is advisable to file a Writ petition in high court for seeking quick relief and justice 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

File application before SAAT against animal and us a dry department for failure to give gradation change after 16 years 

 

seek salary arrears from 2013 onwards 

Ajay Sethi
Advocate, Mumbai
99846 Answers
8148 Consultations

You first make a representation in writing to the competent authority of your department in this regard with detailed information as well as documentary evidences to support your claim.

Allow a considerable time period for a reply.

If you do not get any response or if the response is not in your favor  or if it is not in accordance with the provisions of rules and regulations in this regard, you may approach state administrative tribunal with an application venting out your grievances seeking its intervention and direction to the employer to do the needful as per law.

If the Tribunal's orders are not in your favor or the employer is not paying heed to the instructions passed by the Tribunal, you my file a writ petition before high court seeking relief and remedy.

 

T Kalaiselvan
Advocate, Vellore
90048 Answers
2498 Consultations

In this scenario you may file a writ petition in the High Court to challenge the denial of time bound scale gradation from due date.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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