What to do when pay is not revised as per government notification?
08-Nov-2023 (In Labour & Service Law)
Sir, I superannuated from central government service in 2012. In 1994 my pay was reduced by four stages for four years. On restoration in 1998 my pay should have been restored to its original position where it would have been if there had been no penalty of reduction, as stated in GIO (2) below FR-29. But I was not given four increments of 1994 to 1998 in violation of FR-29. Can I file a writ petition in SC or HC now ?
Sir,
As you had superannuated from the services in 2012, there is no possibility that any Court will consider your case at such a belated stage as your case is beyond the limitation period.
The only exception could be, that you were totally helpless during all this period.
Another difficulty would be to convince the Court that your cause of action was subsistent until 2012, because otherwise your actual cause of action was in 1998.
I hope this resolves your query.
As you had superannuated from the services in 2012, there is no possibility that any Court will consider your case at such a belated stage as your case is beyond the limitation period.
The only exception could be, that you were totally helpless during all this period.
Another difficulty would be to convince the Court that your cause of action was subsistent until 2012, because otherwise your actual cause of action was in 1998.
I hope this resolves your query.
Make a demand seeking implementation of the notification. If not implemented, give a legal notice. If you are in civil service, file an original application before CAT. If in armed forces before AFT, if in Para Military before High Court.
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