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jaleelethiyil
17-04-2012, 10:18 PM
Sir,
Please give solution to this case.

senior junior
1) DOA on 18/6/85 in the grade of DOA on 10/10/86 in the grade of
1400/-(RSRP) 1400/-(RSRP)
2) promoted to 1600/- gd on 25/9/90 promoted to 1600/- gd on 26/2/92
and pay fixed 1650/- and pay fixed as 1650/-
3) pay on 1/10/95 was 1900/- pay on 1/2/95 was 1800/-
4) promoted to 2000/- gd on 12/9/95 promoted to 2000/- gd on the same
but NOT ACCEPTED as promotion date 12/9/95 and pay fixed at 2000/-
involved transfer and resumed duty
5) transfer cancelled after request and pay fixed as 6500/- from 1/1/96 as
promoted on 29/3/96 and pay fixed per Vth cpc
as 6500/- w.e.f 29/3/96 as per Vth cpc
6) pay on 1/3/97 as 6700/- after increment. pay on 1/9/96 as 6700/-
7) pay on 1/3/05 is 8300/-. pay on 1/9/05 is 8500/-.
8)promoted on july 2005 to 7450/- gd and promoted on 1/11/2005 to 7450/- gd
pay fixed as 8575/-. and pay fixed as 8800/-
9) after 6th cpc pay fixed on 8575/- after 6th cpc pay fixed on 8800/- and
and fixed as 15950+4600/-gp w.e.f 1/1/06 fixed as 16370+4600 gp w.e.f 1/1/06
. As senior resumed duty later he got less pay in 5 month every year during 5th
cpc period and after implementation of 6th cpc senior always drawing less pay than junior.Let us know any scope to stepping up the pay of senior.when the senior promoted on 2005 the pay of both were same 8300/-.

Victor
17-04-2012, 10:56 PM
Was the promotion of the junior on 12/9/2005 also involve a transfer?

In my view there is no scope for stepping up in such cases.

Victor

jaleelethiyil
17-04-2012, 11:41 PM
Was the promotion of the junior on 12/9/2005 also involve a transfer?

In my view there is no scope for stepping up in such cases.

Victor
sir,
Actually while posting the thread some technical mistake happened from my part.
Senior got promotion after cancelling the transfer order after request which happened on 29/3/96 after implementation of 5th cpc and his pay fixed 6500/-.but junior have no transfer with promotion and joined on same date(12/9/95) and fixed on 2000/- pay as per 4th cpc.on 1/1/96 after implementation of 5th cpc his pay fixed as 6500/- and got 1st increment on 1/9/96 and pay inc. to 6700/-.but senior got 1st increment on 1/3/97 only and pay inc. to 6700/-.Up to 2005 senior got less pay from sept to feb.While senior got promotion to 7450/- gd on july 2005,pay of both were same 8300/- and pay of senior fixed as 8575/-.1/9/2005 junior got increment which inc. the pay of junior to 8500/- and after promotion to 7450/- gd on 1/11/2005 his pay inc. to 8800/-.On fixation on 1/1/2006 as per 6th cpc pay of senior considered as 8575/- and the same of junior was 8800/-.This is the reason for anomaly.

Victor
18-04-2012, 09:52 AM
sir,
Actually while posting the thread some technical mistake happened from my part.
Senior got promotion after cancelling the transfer order after request which happened on 29/3/96 after implementation of 5th cpc and his pay fixed 6500/-.but junior have no transfer with promotion and joined on same date(12/9/95) and fixed on 2000/- pay as per 4th cpc.on 1/1/96 after implementation of 5th cpc his pay fixed as 6500/- and got 1st increment on 1/9/96 and pay inc. to 6700/-.but senior got 1st increment on 1/3/97 only and pay inc. to 6700/-.Up to 2005 senior got less pay from sept to feb.While senior got promotion to 7450/- gd on july 2005,pay of both were same 8300/- and pay of senior fixed as 8575/-.1/9/2005 junior got increment which inc. the pay of junior to 8500/- and after promotion to 7450/- gd on 1/11/2005 his pay inc. to 8800/-.On fixation on 1/1/2006 as per 6th cpc pay of senior considered as 8575/- and the same of junior was 8800/-.This is the reason for anomaly.

In my view there is no scope for stepping up in such cases.

The only solution to remove this anomaly is if you can get promotion with retrospective effect from 1995. For this you may have to approach CAT for relief, where your petition could focus on discrimination vis-a-vis your junior and the violation of fundamental right to equality. If you can at least get notional promotion and fixation from retrospective effect then only this anomaly can be removed.

Victor

jaleelethiyil
18-04-2012, 08:17 PM
In my view there is no scope for stepping up in such cases.

The only solution to remove this anomaly is if you can get promotion with retrospective effect from 1995. For this you may have to approach CAT for relief, where your petition could focus on discrimination vis-a-vis your junior and the violation of fundamental right to equality. If you can at least get notional promotion and fixation from retrospective effect then only this anomaly can be removed.

Victor
Sir,
Fixation of senior done on 29/03/96 after cancellation of transfer order on the basis of request given by senior.Actually junior also have transfer but that was with in the city limit and he joined in time and fixation done on same date 12/09/95.In all seniority list before and after the said promotion, my friend was placed as senior and he was subsequently promoted to 7450/- gd first on july 2005 while the junior promoted to 7450 gd on 1/11/95.From this weather we can consider this as promotion with retrospective effect or not as you asked.

jaleelethiyil
18-04-2012, 08:29 PM
Sir,
please read as 1/11/2005 instead of 1/11/95 in above post.

Victor
18-04-2012, 08:45 PM
Sir,
Fixation of senior done on 29/03/96 after cancellation of transfer order on the basis of request given by senior.Actually junior also have transfer but that was with in the city limit and he joined in time and fixation done on same date 12/09/95.In all seniority list before and after the said promotion, my friend was placed as senior and he was subsequently promoted to 7450/- gd first on july 2005 while the junior promoted to 7450 gd on 1/11/95.From this weather we can consider this as promotion with retrospective effect or not as you asked.

I was referring to the promotion which the senior initially refused on 12/9/1995 but was subsequently promoted on 29/3/1996. If this promotion can be made effective retrospectively w.e.f. 12/9/1995 even on notional basis with notional pay fixation, then only parity can be restored thereby removing the anomaly. This is just a possibility which can be explored through a legal forum. I am not sure whether this would find favour with the courts. Other Members could throw more options inthis case.

Victor