First of all I thank all experts for attending to my query immediately. Though my query could not be solved in toto due to non availibility of information from my side. Therefore, as desired by some of the experts I respectfully to submit following information:
1. That after getting selected through direct recruitment I was considered and taken on deputation as Company Secretary w.e.f. 5-10-94 in the H.P. State Civil Supplies Corporation, Shimla.
2. On joining, I opted the pay scale of the post of Company Secretary in the Corporation and my pay was fixed in then pay scale of Rs. 7880-11660. I completed seven years of deputation in the Corporation on 4-10-2001. I was also getting regular annual increments on this pay scale and pay was also being fixed by the Corporation accordingly.
3. Meanwhile, the Government of Himachal Pradesh vide office memorandum No. 8-17/73-DP(AP-II)-pt. dated 28th June 2001 had changed the procedure for filling up of posts on deputation basis. In the said memorandum the Government of H.P. had also clarified that employees who were on deputation shall continue to be governed under the existing procedure.
4. Importantly, I was working on deputation basis w.e.f 5-10-1994 i.e. prior to the issue of above office memorandum dated 28th June, 2001. There was no change in terms and conditions of my deputation till 4-10-2001.
5. As deputation period was being extended on year to year basis, I was treated on secondment basis against the guidelines issued by DOP from 5/10/2001 till 5/2/2005. My deputation/secondment period with the Corporation was duly approved by the competent authorities regularly and there was no break in my deputation period. I was repatriated to my parent department on 5/2/2005.
6. During this entire deputation/secondment period as Company Secretary in the Corporation, the duties and responsibilities remained the same. However, my salary and allowances were reduced from 5-10-2001 to the pay scale and allowances of parental post which I held in my parent department way back during 1994 i.e. before my selection as Company Secretary in the Corporation. The pay scale and allowances of this parental post was lesser than to CS post and this post was Class III Post.
7. As a result of this decision, situation arisen that though I was working as Company Secretary in the Corporation which was a Class I Gazetted selection post and was getting pay and allowances of this post till 4-10-2001 however next morning I was given the pay and allowances of Sr. Assistant which was class III post i.e. from 5.10.2001 till 5/2/2005. Although, I continued to work as Company Secretary in the Corporation with same nature of duties and responsibilities till my repatriation to my parent department on 5/2/2005 however, difference of my salary as Company Secretary has not been released despite my requests.
8. Since, I opted the pay scale and other allowances of the post of Company Secretary from the day of joining in the Corporation as Company Secretary, therefore for all intent and purposes I was entitled to draw pay and allowances of the post of Company Secretary for which I was appointed and worked there till I worked as Company Secretary. However, no decision has been taken as yet for release of difference of pay and allowances for the said period.
It is also submitted that in H.P. there is no service tribunal. Kindly advice and quote any judgment delivered by the Apex Court in similar nature of case, if any.
02 June 2013
Yes you can claim your salary on e basis of post for that you have to write to the department and in case no reply then you have to file a case against the govt. Kindly refer the following case.
P.C. Sen vs Department Of Personnel And Ors. on 17 July, 2006 Showing the contexts in which deputation doctypes: judgments author:S R Bhat appears in the document Change context size Current 2. The facts for the purposes of deciding this petition may be briefly set out as follows.The Petitioner was appointed in 1967 to the Indian Administrative Service (hereafter called as the "IAS"). During his tenure in the service, he was appointed as Managing Director of the IA on 1.3.1994, for three years, on deputation basis. Before the deputation period ended, the Petitioner was also entrusted charge as Chairman of IA, and Air India on 27.2.1997. He relinquished charge on 12.12.1998. After serving with the Central Government, he retired from the service w.e.f. 1.5.2003.
4. Apparently, the IA evolved a policy of extending free air facility to its personnel. This was by virtue of resolutions adopted by its Board of Directors and regulations/guidelines issued from time to time. The 4th Meeting of the Board held on 27.6.1994 apparently resolved that officers deputed, upon completion of their term should be extended benefits which retired officers of such status were granted. In its subsequent Meeting (i.e. 8th Meeting) the issue of free air passage facility to members of the Board was to be considered. The Board of IA also took note of the Minutes of the Meeting recorded by the Air India and eventually resolved as follows:
5. On 4.10.1996 the Director Personnel, IA wrote to the Government of India seeking clarification as to the Petitioner's entitlement to free air passages, having regard to his deputation to the IA. He drew the attention of the Central Government to conditions of deputation of other personnel who were members of All India Services for whom residual conditions stipulated that the rules and conditions of service applicable to Indian Airlines officials, would prevail.
Board of Air India, in its 25th Meeting held on 30.11.1996, has passed a resolution, allowing the post retirement passage facility to the Chairman, part-time Chairman, Managing Director, including those appointed from outside or on deputation, including those appointed in an acting capacity subject to completion of two years in matter has been examined by the Ministry of Civil Aviation and the above resolution of the Board has been found to be in violation of the instructions issued by this Ministry vide letter No. 2844 JS&FA/92 dated 27.4.1992 and letter passages. Therefore, the Central Government in exercise of the powers conferred by Section 9 of the Air Corporation direct the Air India Limited to adhere to the following directions with regard to the issuance of the air passages:
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