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BUMBA
12-07-2010, 11:35 AM
I'm a CG Employee. I was applied and selected for the vacancy for 1995. But I was sent for Training on Feb'2004 and my date of joining is 29-05-2004. That why I come under Cont. New Pension Scheme. However Candidates selected for the vacancy for 1996 has been appointed before 1-1-2004, thats why they are come in Traditional Pension Scheme; though my appointment letter revealed that cndidates of 1995 should rank
senior to the candidates for vacancy of 1996. Now my question is:

1. If I'm senior to 1996, then am I eligible for old Pension scheme?

2. My Basic Pay is still cast short than the candidates of 1996. How this seniority will affect my pay? and who will do necessary arrangement for this pay fixation?

3. What shold had to be my Basic on date of joining? Minimum of the scale or BP of the candidates 0f 1996 drawn on 29-5-2004.

Kindly answer......

RKPATHAK
12-07-2010, 02:17 PM
Period of training if it is part of service shall count for all purpose. But in your case you were sent for training only on Feb 2004, thant mean after 1.1.2004 you will be governed by New Pension Scheme

Vigneshwar
12-07-2010, 09:19 PM
Hello friend!
You have applied and selected in the year 1995. Your selection is based on the Notification for that year, Hence i feel you are eligible for old pension as your conditions of notification apply not the appointment. Kindly consult an expert.

BUMBA
13-08-2010, 05:05 PM
Thanks to both of you for your reply.

I want to add few more information in this reagrd. The following link will help you to show the decesion of CAT on similar case. Kindly go through the same and suggest me:

http://postalinfo.blogspot.com/2010/02/date-of-joining-is-immaterial-for-pay.html

Further, say out of 10 candidates of same vacancy/notifications/cadre, 8 is governed by one rules and 2 is governed by other; even their pay-allowances is also less in all areas of service as they have joined later, on which (joinning) they didn't have any control. Actually they have joined to follow up the Office order. Isn't it? And due to this later joining, of which they are not responsible, suffering huge financial loss day by day!

How far it is justified? Your kind suggestion is solicited........

jitendraacr
13-08-2010, 07:55 PM
I'm a CG Employee. I was applied and selected for the vacancy for 1995. But I was sent for Training on Feb'2004 and my date of joining is 29-05-2004. That why I come under Cont. New Pension Scheme. However Candidates selected for the vacancy for 1996 has been appointed before 1-1-2004, thats why they are come in Traditional Pension Scheme; though my appointment letter revealed that cndidates of 1995 should rank
senior to the candidates for vacancy of 1996. Now my question is:

1. If I'm senior to 1996, then am I eligible for old Pension scheme?

2. My Basic Pay is still cast short than the candidates of 1996. How this seniority will affect my pay? and who will do necessary arrangement for this pay fixation?

3. What shold had to be my Basic on date of joining? Minimum of the scale or BP of the candidates 0f 1996 drawn on 29-5-2004.

Kindly answer......

Dear friend,
Every one who joined Govt. service on or after 1/1/04 will come under New pension scheme. Unfortunately, the vacancy year against which you have got appointment has no role to play in this regard. You have also no claim over pay fixation similar to your juniors since the difference in pay has arisen only due to the difference in date of joinings. You will be fixed at the minimum scale on your joining in May,2004.
Jitendra

BUMBA
14-08-2010, 12:09 AM
Every one who joined Govt. service on or after 1/1/04 will come under New pension scheme. Unfortunately, the vacancy year against which you have got appointment has no role to play in this regard. You have also no claim over pay fixation similar to your juniors since the difference in pay has arisen only due to the difference in date of joinings. You will be fixed at the minimum scale on your joining in May,2004.
Jitendra

Thanks to you also.
What you have said is so called "Rules" which we follow during a fresh recruitment. But in my case which is an exceptional also, may be treat on sympathetic ground.

(i) All the candidates except me and other three, joined in the year 2000 and we joined on 29-05-2004 by an Order of Hon'ble CAT. By this mean time we have suffered from unemployment of 48 Months and the rests have earned Rs. 300000(Approx).

(ii) Even, what I'm talking is not only my personal opinion. The same has also been Ordered by Hon'ble CAT-Principal Bench in a similar case which I already have tagged in my last reply. So please visit the link.

Still will you say, it is justified.....??????

BUMBA
16-08-2010, 11:36 AM
Hello friend!
You have applied and selected in the year 1995. Your selection is based on the Notification for that year, Hence i feel you are eligible for old pension as your conditions of notification apply not the appointment. Kindly consult an expert.

My dear Members,
All of you (Specially Seniors) are requested to go through this anomaly and put your valuable advice for me. It will help me to get me back of my right place in my Department. It also help me to understand that I am not alone.

Your kind advice is solicited.

BUMBA
23-08-2010, 06:00 PM
I am still waiting for reply.
Does anybody ever face / listen this type of anomaly, kindly state out the decesion of that case.

Victor
24-08-2010, 09:29 AM
Thanks to you also.
What you have said is so called "Rules" which we follow during a fresh recruitment. But in my case which is an exceptional also, may be treat on sympathetic ground.

(i) All the candidates except me and other three, joined in the year 2000 and we joined on 29-05-2004 by an Order of Hon'ble CAT. By this mean time we have suffered from unemployment of 48 Months and the rests have earned Rs. 300000(Approx).

(ii) Even, what I'm talking is not only my personal opinion. The same has also been Ordered by Hon'ble CAT-Principal Bench in a similar case which I already have tagged in my last reply. So please visit the link.

Still will you say, it is justified.....??????


You have mentioned that your batchmates joined in 2000 while you and 3 others joined on the basis of a CAT Judgment in 2004. As the details and background of your case are not mentioned, it would be difficult for anybody to comment. Does the CAT judgment mention anything about parity with other batchmates, seniority, pay fixation etc? What specific relief was granted by the CAT? Kindly enclose a copy of the CAT judgment for a better understanding of your peculiar case.

Victor

Vigneshwar
25-08-2010, 12:06 AM
Hello Friend
What I have already stated in my earlier post exactly the CAT has said. Instead of searching here and there, please apply to the authority if they reject, go to CAT basing on the judgment. You will succeed.

BUMBA
26-08-2010, 11:57 AM
You have mentioned that your batchmates joined in 2000 while you and 3 others joined on the basis of a CAT Judgment in 2004. As the details and background of your case are not mentioned, it would be difficult for anybody to comment. Does the CAT judgment mention anything about parity with other batchmates, seniority, pay fixation etc? What specific relief was granted by the CAT? Kindly enclose a copy of the CAT judgment for a better understanding of your peculiar case.

Victor

As I have stated earlier, I and other 5 person,were selected against the vacancy of 1995; but before any appointment 6 other candidates moved to CAT. Total vacancy declared in 1995 was 33.

In the year 1996, in a interim order CAT said to take a further exam of all the candidates who were selected for the vacancy of 1995 along with the candidates of 1996. those will pass out of said 33, joined them against 1995 otherwise select the successful candidates. CAT also said join all the candidates except 6 keeping vacant; therefore all the candidates (27) joined on 01/08/2000. In the year 2003, final verdict of CAT disclosed. where CAT said join rest the 6 candidates as the decesion was gone against the appellants. Thats why we 4 guys (2 did not join) joined on 29/05/2004.

The total fact was unknown to us till the Call letters came to us. Though we faced the exams & interviews two (2) times, we joined later on 29/05/2004.

That is the total facts in respect of our recruitment. we just suffer (still suffering) due to that event for which we were not responsible at all.