• Any rule to reduce basic pay when promoted an employee

Have any rules to reduce basic when an employee promoted from lower grade to hjigher grade?
Asked 12 months ago in Civil Law from KOLLAM, Kerala
1) you will have to challenge promotion of your junior before CAT if the promotion is contrary to the promotion police of your organisation 

2) although you had completed 6  years in organisation you were never called for promotion but your junior was called for interview and made your superior in organisation 

3) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
24623 Answers
1320 Consultations
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Have any rules to reduce basic when an employee promoted from lower grade to hjigher grade?
Basic pay or gross pay cannot be reduced due to promotion.  Actually the last drawn salary cannot be reduced without any valid reason 



can the management violate the seniority for promotion?
No, the management has to give convincing reason for superseding another employee in the seniority waiting list.





IF THE MANAGEMENT VIOLATE SENIORITY WHAT CAN I DO ?
Make a representation before the competent authority and after that approach high court with writ of mandamus




HOW TO MANAGE HRA ON REDUCTION OF BASIC PAY?
What is his about?



I HAVE 31 YEARS OF SERVICE IN IREL CHAVARA NOW PROMOTED ME AS DY.OFFICER  AND REDUCE MY BASIC PAY HOW CAN REINSTATE THE PREVIOUS BASIC BAY?
You have to exhaust remedy within the organisation first and then approach tribunal or regular court.
T Kalaiselvan
Advocate, Vellore
15220 Answers
138 Consultations
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THE PROMOTION POLICY SAYS THAT AFTER COMPLETION OF 6 YEARS IN 9TH  CATEGORY WILL BE ELIGIBLE FOR THE PROMOTION OF DY.OFFICER BUT AFTER COMPLETION OF 6 YEAR THEY ARE NOT CALLED ME AN INTERVIEW AND CALL ME MY IMMEDIATE JUNIOR  AND GIVE HIM PROMOTION NOW HE IS AN OFFICER  NOW PROMOTE ME  AS DY. OFFICER . HOW CAN OVERCOME THIS ?
First of all draft an application narrating the entire details of your service and the  annual assessments as well as your work performances including the awards if any you had received earlier due to your performance.
Draw the comparison with your junior who has been elevated. 
Make a representation to the competent authority of your organisation through proper channel. 
If the reply is not satisfactory and your grievances are not redressed properly, you may approach tribunal or high court with a writ.
T Kalaiselvan
Advocate, Vellore
15220 Answers
138 Consultations
5.0 on 5.0
1. The basic can be reduced for any designation in the institution. If the employee has been promoted the company may revise the salaries payable to all its employees and within the sweep of the revision the salary for a promoted employee may be lower than what he was paid before elevation. 

2. The principle of seniority is not a cast iron rule which the management cannot depart from but the departure can only be made in the interest of the institution such as to increase the efficiency of the institution.


Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
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Being eligible for promotion and being considered for promotion after fulfillment of eligibility criteria is not one and same thing. You may have attained the necessary eligibility criteria but the institution may still not have you within the zone of consideration if it has factual data to believe that your performance was not to the expected degree. So if you have been overlooked for promotion then you may question it in the court.
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0
you should file a writ of certiorari before High court. Because this rule is against article 14, 19 and 16 of constitution. If government makes any rule it must be in adherence to article 14, 19 & 16. 

it is prejudice to decrease salary on promotion. 
Shivendra Pratap Singh
Advocate, Lucknow
2871 Answers
43 Consultations
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The promotion will not render you any loss in the salary or status.  In fact your salary cannot be reduced from the structure which you already draw, on being promoted. Likewise the status can be elevated and not brought down.  You may make a representation to the competent authority of your organisation and exhaust the remedies after which you can think about initiating a legal action to redress your grievances. 
T Kalaiselvan
Advocate, Vellore
15220 Answers
138 Consultations
5.0 on 5.0
on your promotion to higher post your basic pay cannot be reduced 

hence your HRA and dwelling house status should be reduced on promotion 
Ajay Sethi
Advocate, Mumbai
24623 Answers
1320 Consultations
5.0 on 5.0
It can be made applicable to higher promotion.
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0

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