I have entered in west bengal police in the year 1983 as direct si and got promotion as inspector in 2004 then i got my salary in higher scale from the date of joining. in the year 2010 i got another promotion as dsp and got my salary from the date of my assuming higher post in the higher scale. again i got another promotion as addl. sp in august 2019,but my department denied me to give higher scale of my salary for higher post and fixed up my salary in the same lower post's(dsp) basis pay and grade pay though i have claimed for my salary of superior post. i feel that i have been deprived from my legal rights of natural justice because i will be losing my monetary retirement benefits though i got promotion and am holding the responsibility of superior post. kindly advise me whether it is constitutionally valid and will i not get pay protection of superior post.
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If you have got promotion timely than you should get pay scale accordingly. You can right the complaint at a time keeping in To the PMO, Home Ministry, HRD, and CM, state HM make this issue and mentioning all details that your retirement benefits are deprived of by not paying the equivalent pay scale accordingly promotion.
Yes it's do valid and it your right if you have got promotion.
Kindly refer this
Promotion guidelines of IPS - IPS Cadre Management
You can file your complaint in SAT or file writ Petition in high court for the same
What ws the reason cited by the authorities while denying to pay you the pay as per the present post that you are entitled?
Is there any substantial reasons or any law quoted by them for denying you the benefit of the higher post/promotion?
If there is no reason mentioned or if you feel that this act is totally unjustified and illegal, you may first make a representation in writing to the competent authority through proper channel venting out your grievances and seek its intervention and relief.
If you dont get any proper response or the desire relief or you still feel humiliated and aggrieved by the acts of the competent authority, you may approach the state administrative tribunal with an OA mentioning all your grievance and plead that you have been meted out with injustice in this regard and seek its direction to the authorities concerned to provide you the releif as per law and a remedy for this.
You may contact a lawyer in the local who practices in service law for further advises and suggestions to move on.
Hi,
You are suggested to file one application in the department for review of the monetary benefits. If the same is not entertained/declined/delay beyond reasonable time, file the case in high court.
Hello,
If other police personnel of the same rank draws the higher amount than you in the same situation then there is a violation of your fundamental rights enshrined under article 14 of the Constitution of India.
Regards
You can file an RTI regarding status of your promotion also you can file a writ petition in HC.
1. As per law you should be getting benefits of the post you are currently serving.
2. It is not constitutionally valid you should file writ petition before High court of west Bengal.
