discrimination by employer
4 months ago
I was granted two increments for acquiring higher qualification by my PUblic sector Undertaking in 2009 as per the norms prevailing that time. Later on in 2010 due to policy change the same was stopped and recovered from all employees. some aggrieved employees went to High Court and High court decision came in 2017 to re-instate the increments. A circular regarding re-payfixation in compliance with High court orders was issued by our office and salaries of all those who were getting increments before 2010 were re-fixed in compliance with HR orders of 2019. I kept on waiting that my salary will be refixed bcoz due to ongoing covid pandemic office functioning remained hampered for 2-3 years. Now, when I hv written to HR that my salary has still not been re-fixed nor any arrears granted to me, they are telling me that your University has not got approval from Distance Education Council. Whereas to my shock two of my colleagues who had done the same course with me from same university at that time, their increments have already been re-instated in 2019 in compliance with HR orders. What should I do?
You have to file contempt case for non implementation of the High Court orders. Thus, you may get justice.
If you feel yourself a victim of discrimination and you possess sufficient evidence to establish your claim, you need to file a Grievance before the Grievance Redressal Committee/Cell following the grievance redressal mechanism which is in existence almost in all the PSU to address and resolve the grievance in-house based on merit and failing which you need to file an application before the Registrar of the Central Administrative Tribunal(CAT) under Section 19 of the Administrative Tribunal Act, 1985 having jurisdiction on the subject matter(as defined under Rule 6 of CAT(Procedure) Rules, 1987 and in compliance with the procedure prescribed under Rule 4 of the Central Administrative Tribunal(Procedure) Rules 1987 and the CAT Rules of Practice, 1993. In case the Order of the CAT goes against you, then you may prefer a writ petition challenging the said order of the CAT before the High Court under Article 227 of the Constitution of India. Reach out to an Advocate experienced in handling Service/CAT matters for guidance and steps.
In this situation, it's essential to take a systematic approach to address the issue. First, gather all relevant documents, including the circular regarding re-payfixation and any communication from your university regarding Distance Education Council approval. Clearly outline the details of your case, emphasizing that your colleagues who pursued the same course from the same university have already had their increments reinstated in 2019. Compose a formal written communication to your HR department, attaching the necessary documents, and requesting a clarification on the inconsistency in the application of HR orders. Politely seek an explanation for the delay in your salary re-fixation and inquire about the steps that need to be taken to resolve the matter promptly. If there's no satisfactory response or resolution from HR, consider escalating the matter within your organization, possibly to a higher authority or the grievance redressal mechanism within your workplace.
If internal channels do not yield results, consult with a legal professional who specializes in employment or labor law. They can advise you on the potential legal avenues available to address the issue, ensuring that your rights are protected. Keep a record of all communications and documents related to this matter for future reference.
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