You should file a petition in central Administrative tribunal against the arbitrary decision of the PSU
You should get necessary reliefs
Denial of fundamental rights in pay fixation and undue harassment in infinitely delaying promised pay fixation
I am an ex-defence Officer and joined this PSU on contract basis in 2016 executive Cadre in Grade VI. In 2023, there was an open competition for 12 permanent posts, 6 in Grade VI and 6 in Grade IV all for same cadre and only serving/ retired IAF officers can apply. I successfully competed and selected one of 06 Grade VI officers. I joined on 24 May 23 and I have 08+ continuous service till date. I had same eligibility, same selection process, same work with no concession. In 2016 I was fixed at minimum of scale at 80,000 (against my last drawn pay of Rs. 1,40,000) and reached 95,600 just before re-appointment. However, my pay was refixed again back to 80000 on re-appointment and assured refixation shortly as per company rules. I requested that my pay be retained at atleast 95,600 as I was from the same company, which was not agreed to. I expected that my pay will be re-fixed to last drawn pay as other 05 officers from Defence Services. Hence I applied or refixation of my last drawn pay. All 6 of us receive our respective pension. I am the seniormost among 12 officers in present company. Whereas, pay fixation of all 11 officers were completed within 6 months and they were fixed at their last drawn pay (1,80,000 for Grade VI and 1,40,000 for Grade IV). I expected that I too be fixed at my last drawn pay of 1,40,000 like my peers and even previously retired defence officers were fixed at their respective last drawn pay. However, after nearly 22 months of agonising wait, I was fixed at my pre-contract pay of 96,000. More shocking was that, even for releasing that, they put inhuman condition of getting my DA on pension be stopped. Although all my peers in grade VI also receive pension, no such condition was placed to them. It is a brazen denial of fundamental rights in 3 aspects. 1. Discriminative pay fixation methodology vis-av-vis peers 2 Being paid significantly less than juniors 2 level below me 3. Denying pay fixation methodology extended to all retired officers in the past. The reason given by HR for this disparity is that “All reemployed pensioners will be fixed at minimum of pay”. I protested that how my peers in Grade VI, who are also pensioners, were given their last pay. Illogical and arbitrary reasons were given. But, pay fixation at 96000 was badly required for me as I was badly in debt and they are refusing release that pay, by putting impossible condition of getting my DA in pension is stopped, whereas no other defence officers were asked so. As per GoI policy, DA in pension is admissible as long as last pay is not protected. No such rule is there either at company or in GoI and it is done by highest authority in HR (Director (HR)) who is the CFA. I am totally upset with Director (HR), who took law in his hands, forcing me to forego DA which I am duly entitled to and financially choking unsuspecting hapless employee, thus depriving his right to live etc. Also I want to file a suit against my company for denial of fundamental right
Asked 4 days ago in Labour
7 Answers
As of May 2022, the Supreme Court of India ruled that ex-servicemen who are reemployed in government service are not entitled to the same pay scale they received in the armed forces.
The Supreme Court's ruling states that the reference to last drawn pay in the armed forces is only to ensure that the pay in the civil post is calculated in the manner specified in Central Civil Services.
The pay of reemployed pensioners is fixed in the prescribed scales of pay for the posts they are reemployed in.
The pay of reemployed pensioners is not protected based on the scales of pay of the post they held before retirement.
Military Service Pay (MSP) is not considered when fixing the pay of reemployed pensioners in civilian organizations.
However, it will not stop you from seeking legal remedy through court.If all the steps taken by you in your department to get the desired relief has not been entertained and exhausted, you may collect all the evidences of your efforts in this regard and consult a lawyer having expertise in service matters, discuss at length and file a OA before CAT seeking relief and remedy.
You forum is High Court of Karnataka, not the Tribunal as these clear instance of infringement of fundamental rights. You have irrefutable documentary proof approach High Court. You will certainly ger relief. Claim all arrears with interest.
If it comes under central govt then you need to approach CAT other wise suit may be the remedy
Dear Client,
Your case presents disturbing features of discrimination and procedural flaws involved in the fixation of pay. It seems that they illegally lowered your pay despite your seniority, consistent service, and being on par with previously junior colleagues, completely ignoring the principles of equality and fair-due process. The requirement to surrender your DA on pension is also not authorized by any company or government provision when your colleagues situated similarly didn't face such restriction.
You have a very valid case to challenge the same, as it is a violation of your basic rights of equal pay to equal work and non-discrimination under Articles 14 and 16 of the Constitution. You should prefer making a writ petition to the High Court or suit in the appropriate court for denial of basic freedoms and wrongful deprivation of benefits. The court may also examine whether the company followed its rules and regulation as well as the government broad guidelines in this regard.
Furthermore, a demand notice may also be issued to the company reclaiming your pay and to withdraw the DA condition. It is better to take the advice of a lawyer with experience in this area to draft and prepare a notice and to file a case. Along with this, you may take up the matter of raising your voice to the concerned authorities like the Ministry of Defence or the Public Enterprise Selection Board for such injustice.
I hope this answers your query. Please feel free to inquire further for any query you may have.
Your case highlights potential discrimination and arbitrariness in pay fixation, which violates the principles of equality and fair treatment. To address this, you should first gather all relevant documents, including appointment letters, company policies, pay fixation orders of your peers, and communications with HR. Send a legal notice to the company demanding parity in pay fixation, immediate withdrawal of the condition to stop your DA, and payment of arrears with interest. If the issue is unresolved, you can file a petition in the appropriate forum, such as the Central Administrative Tribunal (CAT), High Court, or Labour Court, depending on your employment terms. Your case can be argued on grounds of discrimination, violation of fundamental rights under Articles 14 and 21 of the Constitution, and non-adherence to established pay fixation policies. Seek relief for equal pay fixation, arrears, revocation of the DA condition, and compensation for the mental agony caused. Engaging a skilled employment lawyer will strengthen your case and expedite the process.
Thanks and Regards,
Advocate Aman Verma, Legal Corridor
