Legal Question in Employment Law in India
service matter
I am appointed on the post of computer programmer in govt polytechnic, uttar pradesh in scale of 4500-7000 in 1999. It belongs to departmentat of technical education U.P. In Government polytechnic delhi & hariyana this post is running in scale of 8000-13500. In Uttar Pradesh post of junior computer programmer in govt. engineering college is in scale of 6500-10500 and computer programmer is in scale of 8000-13500 since 1990. It also belongs to departmentat of technical education U.P.
A committee is formed to remove disparity in our department in 1992 and given a report in 1992 that scale 2000-3200 (old) i.e. 6500-1500 is genuine for computer programmers of Govt Polytechnics of UP. Minimum qualification of our post is same as of junior computer programmer of government engg college of UP. But the nature of work is same as all other computer programmer in UP, Delhi & Haryana. Please suggest that through court, which scale we can get and from which date it will affect. It will take how much time to get decision from court.
Thanking you
1 Answer from Attorneys
Re: service matter
It is purely an administrative matter. You should pursue your remedy at Government level.
No time limit can be determined for decision of the court case. However, you should pursue the court case only if you are a large batch of several employees. In that case also you should serve a demand notice upon the goverment under section 80 of CPC. Thereafter you should move the High Court under Article 226 of the Constitution of India for appropriate directions.
You cannot claim parity on the basis of scales of pay applicable in Delhi and Haryana.
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