• Past service benefit denied for ACP

I was working on the post of jbt teacher since 2004 and I selected on PGT post on 1.1.2019 and joined as pgt..My 2nd acp was due on December 2020. My batch mate will enjoy the 2nd acp..I was applied through proper channel. So my pay is protected on same scale as I got as jbt teacher.. and iam told that you will get next(2nd) acp on 2026 after completing 8 years on new job..But my batch mate as a jbt teacher will got 2nd acp on 2020 Dec.and will draw higher pay than me..How can I got same pay as they will receive..Please guide me.. This is happening with lot of employee in Haryana Govt. Please suggest right way.. Thanks
Asked 4 years ago in Labour

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12 Answers

On the basis of parity with batch mates, you are entitle to same benefits. Submit representation, if rejected file writ in high court.

Also your past service is secure under pay protection. You are entitle to relief in 2020 only.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Policy matter is prerogative of govt. but it is fair and partial. This is arbitrary and unfair. May declare null and void by HC.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Before applying to current post have you not check the terms and conditions and what net take home you will be getting from day one once you're posted on new position.

 

Kindly check you're application and GR by state government and HRD policy of the state for internal recruitment.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

There is a provision in law to make a representation i writing about the anomaly in pay structure among the senior and their  juniors or within the same batch.

You can make a representation in writing to the competent authority about this and seek its intervention and to provide remedy to this grievance.

If there is no relief provided citing various laws or policies then you may approach the state administrative tribunal with an OA  seeking relief and remedy as per law.

 

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

There is no necessity for you to be agitated by the oral denial made by your officer in charge.

You first make a representation venting out your grievances in writing to the competent authority through proper channel.

Let them deny to redress your grievance.

You can approach state administrative tribunal with an application seeking intervention, relief and remedy for the humiliations you suffered due to this discriminatory policy of the authorities concerned.

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

- Yes, the said rule is not justified , and further it degrades the morale of an employee getting selection for a higher post . 

- However, you can raise this issue before the competent authority after moving an application for the same.

- Further, if no suitable reasons are given to you by the competent authority, then you can file a complaint before the State Administrative Tribunal for getting justice . 

-  Further, you can challenge the policy of Haryana Govt. after filing a Writ petition before the High court. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

ACP scheme does not give financial protection. 

Now govt is stepping up pay of senior  to make it equal With pay of junior where senior pay is lower than junior. 

That is all about the scheme. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

File a writ petition in High Court making the education department and state government party in it.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You need to file writ petition in High court for the same

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Dear Sir,

The policy matter can be challenged in High Court by the way of WRIT PETITION. You may think of this and go ahead.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

you can file the writ petition in High Court under Article 226 of the Indian constitution

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. You should ask department to provide copy of rules by which they are denying your ACP.

2. After you get the copy of ACP you should file writ petition in high court against this discrimination between same batch regarding ACP. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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