You can file writ petition in the same before high court.
Retired from air force - joined Pawan Hans Ltd - no pay protection
1. I was a helicopter pilot in INDIAN AIR FORCE ( IAF) for almost 29 years .In Jan 2008 a MOU between IAF and then PAWAN HANS HELICOPTERS LTD was signed. Volunteers were asked with specific qualifications. My age at time of joining was 50 years and met all qualifications.I opted to to join PHHL. A selection interview was conducted on 21/5/ 2008 in company office, Then on instructions of IAF I retired as a Group captain on 14/10/2008 and joined PHHL ON 15/10/2008 .My last pay in Aug 2008 was 17100, D pay 9550,, R-PAY 1600, DA 13466. Since the 6th pay commission had not been declared the MOU signed stated pay as Rs [deleted]. 2. The appointment letter had the pay scale as (a) Pay scale [deleted] (b) Basic Pay 16000. (c) DA 8000/pm (d) VDA @34.4% OF BASIC PAY&DA. 3. IAF sent Provisional Last Pay Certificate ( LPC) TO PHHL On 29/01/2009 that the pay has been revised as per 6th pay commission as on 14/10/2008 date of retirement (a) Pay (in pay band) Rs 48230, Grade Pay 8700, MSP 6000, DA 9109. 4. A case was taken up with local office for revision of pay as per the LPC. The local office forwarded the case to Head office. The Pay revision was rejected stating that the Pay will be governed by MOU signed between IAF and PHHL. 5.Any action that can be taken now.
Asked 6 years ago in Labour
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5 Answers
What have you been doing so far from the year 2009 till 2019?
You have wasted 10 very good years in between.
Well, dont show as if you know that this may be barred by limitation.
you can make a representation to the top management explaining that the revision in pay structure is the government decision and it was revised to the pay while you were in Air Force, hence your pay and the last pay drawn at Air Force has been clearly changed to the one what you have submitted as documentary evidence and request to consider your request to accommodate your pay as per the last pay (revised) given by Air Force and to pay you the arrears of salary till this date.
Let them reject your application once again with the reasons mentioned therein, you may file a writ petition before high court seeking relief and remedy.
Please note that do not approach Armed forces tribunal, because they have nothing to do with the civil department pay fixation problems.
Hello,
Pay protection must be give to you as per the GO available at the following link:
http://documents.doptcirculars.nic.in/D2/D02est/28020_1_2010-Estt.C-08042016.pdf
Approach the court at the earliest
Get in touch with a local lawyer.
Regards
PHHL is wrong so you file a representation to the Head of the Department stating the relevant provision of MOU stating that the previous LPC was provisional if they decline to do so then file a Writ before the Hon'ble High Court , you will get the relief.
- As per the information mentioned in the present query, makes it clear that the rejection is in itself not legal at per se.
- It is true that the MOU makes mark on the issue of pay governance.
- But, it is also true that sending the revised pay scale to the PHHL also shows that there might be an implied understanding of approving the pay governments as per the government norms otherwise no one would leave the job early and come to them.
- Still, would be able to guide you more precisely once I get a chance to go through the said MOU.