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13/10/2010

No varying pay-scale if employees are in same posts: High Court

No varying pay-scale if employees are in same posts: High Court

There cannot be different pay scales for employees holding same posts and doing similar work, unless one has higher qualifications, the Delhi High Court said. The court ruling came in an appeal filed by the Centre against an order by the Central Administrative Tribunal (CAT). The tribunal,

allowing a batch of petitions filed a group of Prasar Bharati employees, had earlier said persons holding the same posts cannot have discriminating salaries.

Delhi high court bench, headed by Justice Pradeep Nandrajog, upheld the CAT order, saying: “... Where there is complete parity, it would be highly discriminatory to treat employees differently merely on account of the two coming from two different sources.”

The court, however, clarified that the pay scale can vary if one employee was better qualified than the others in the same cadre.

The bench said: “Employees in the same cadre can certainly be placed in different pay scales, but that would be if it is shown that one set of employees has higher technical or education qualifications or performs more onerous duties vis-à-vis the other or the like.”

The petitioners, alleging disparity in their pay scale, had said they were casual employees with the I&B ministry and were offered a pay between Rs 5,000 and Rs 8,000 after they were regularised under the Prasar Bharti, which was constituted in September 1997 under the Broadcasting Corporation of India Act.

They said their counterparts, who were regular employees of the ministry, were however offered a pay between Rs 6,500 and Rs 10,500 under the same corporation.

The petitioners had contended before the CAT that merely because their counterparts acquired the status of regular employees, was no ground to justify the lower pay scale.

Posted by Running Staff Solapur at 10/13/2010 11:19:00 pm Labels:

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PME Due Date

Master Circular No. 25



Copy of Railway Board’s letter No. 69/H/3/11 dated 06.12.1974



Subject: Implementation of the Recommendations of the Visual Sub-Committee.



6. Periodical re-examination of serving Railway Employees:



6.l. In order to ensure the continued ability of Railway employees in Classes A l, A 2, A 3, B l and B 2 to discharge their duties with safety, they will be required to appear for re-examination at the following stated intervals throughout their service as indicated below:



6.1.1. Classes A l, A 2 and A 3 —At the termination of every period of three years, calculated from the date of appointment until they attain the age of 45 years, and thereafter annually until the conclusion of their service.



Note: (l) The staff in categories A l, A 2 and A 3 should be sent for special medical examination in the interest of safety under the following circumstances unless they have been under the treatment of a Railway Medical Officer.



(a) Having undergone any treatment or operation for eye trouble irrespective of the duration of sickness.



(b) Absence from duty for a period in excess of 90 days.



(2) If any employee in medical category A has been periodically medically examined at any time within one year prior to his attaining the age of 45, his next medical examination should be held one year from the due date of the last medical examination and subsequent medical examination annually thereafter.



If, however, such an employee has been medically examined, at any time earlier, than one year prior to his attaining the age of 45, his next medical examination should be held on the date he attains the age of 45 and subsequent medical examination annually thereafter.



Ammendment: It was ammended in 1993 as below



Age Group PME Due



Age 00-45 every 4yrs



Age 45-55 every 2yrs



Age 55-60 every year
Details:-
As per Rly Bd's Guideline of Medical Exam issued vide LNo. 88/H/5/12 dated 24-01-1993

a) PME would be done at the termination of every period of 4 years from date of appointment / Initial medical Exam till the date of attainment of age of 45 years, every 2 years upto 55 years & there after annual till retirement.
b) Employees who has been periodically examined at any time within 2years prior to his attaining the age of 45years would be examined after 2years from the date of last PME & subsequent PME for every 2years upto 55years age.Of

NRMU 4 you
SMLokhande





6.1.2. Classes B-1 and B-2—On attaining the age of 45 years, and thereafter at the termination of every period of five years.