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Thread: junior drawing higher pay than senior

  1. #1
    Junior Member vinod22369 is on a distinguished road
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    Post junior drawing higher pay than senior

    Dear sirs, sorry for moving away from this thread
    This is regarding a query from me, which I hope u will be able to resolve
    I am working in Central Railway as E.S.M "A" (4500-8000),Mumbai Division.
    I was posted as E.S.M "B" (4000-6000 old rps) on 08-12-2000 as a departmental promote. My pay was Fixed at (4000-6000 old rps) since my basic pay before promotion was 3575 (3050-4500 old rps) & I was Working
    as E.S.M "C" before getting this promotion.

    At the same time a batch of apprentices was undergoing training apprentice E.S.M "B" These batch of direct Recruits joined the railways as apprentice
    E.S.M "B" (4000-6000 old rps) on 01-02-2000 for an 18 months Apprentice-ship period.This batch was finally posted in the working post on 02-08-2001.


    RULES REGULATING SENIORITY OF RAILWAY SERVANTS
    SECTION-A : NON-GAZETTED

    In categories of posts partially filled by direct recruitment and partially by promotion, the criterion for determination of seniority should be the date of regular promotion after due process in the case of promote and the date of joining the working post after due process in the case of direct recruit, subject to maintenance of inter-se-seniority of promotes and direct recruits among themselves. When the dates of entry into a grade of promoted railway servants and direct recruits are the same they should be put in alternate positions, the promotes being senior to the direct recruits, maintaining inter-se-seniority of each group. Vide or no (No. E (NG) I-78-SR-6-42 dot. 7-4-1982 ACS. 132

    Even in the seniority list prepared by the division I am senior.

    But my query is that this batch is drawing one increment higher than me since 01-11-2003 after re-structuring where we were promoted as E.S.M "A" (4500-8000) i.e. the existing post I am working in & this batch had Exercised the option for fixation of pay &the same pay scale despite me being senior at the time of their pay was fixed at 4625 in the pay scale of 4500-8000
    & mine was fixed at 4500 in restructuring excersise carried out in nov-2003.
    A cursory Glance of me vis a vis this direct recruits in terms of basic pay drawn since the year 2000 will give u an Idea.

    date of posting capacity direct/promotee payscale pay fixed
    self 1/12/2000 E.S.M"B" Promotee 4000-6000 4000
    1/12/2001 E.S.M"B Promotee 4000-6000 4100
    1/12/2002 E.S.M"B Promotee 4000-6000 4200
    1/11/2003 E.S.M"A" re-structuring 4500-8000 4500



    Direct DOA DOP Joined rlys capacity payscale pay fixed
    recruits 1/2/2000 direct(rrb) app E.S.M"B 4000-6000 4000 1/2/2001 direct(rrb) app E.S.M"B 4000-6000 4100
    1/8/2002 posted E.S.M"B" 4000-6000 4100
    1/8/2003 E.S.M"B" 4000-6000 4200
    1/11/2003 Re-struct E.S.M"A" 4500-8000 4625
    ing


    If I am senior can I claim stepping up of pay with par of my juniors with retrospective/current effect?
    can I claim arrears with retrospective effect ?
    Are there any rules in favour of senior with respect to this scenerio.
    if presant kindly send me the extracts of the rule concerned

  2. #2
    Senior Member sundarar is on a distinguished road
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    Default Stepping up of Pay

    STEPPING UP OF PAY OF DEPTL. CANDIDATE FROM THE DNI OF DIRECT RECRUIT WHOSE TRAINING PERIOD WAS COUNTED FOR INCREMENT:
    FR 22, GIO (25)

    - IN respect of direct recruits, the period of training before appointment counts for increments and this does not count for increment in case of departmental candidates. This may result in the departmental promotee's drawing less pay than a direct recruit junior to him. This anomaly may arise either from the date of his promotion or from the date of next increment of the direct recruit, and may be removed by stepping up the pay of the departmental promotee employee from the date of next increment of direct recruit junior to him.
    (Swamy's HandBook 2009 Page No. 160)

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