EQUAL PAY VACATION SALARY
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT __________
OA No:______ of ____
_______________________ Applicant
Versus
_______________________Respondents
Application Under Section 19 of the Administrative Tribunals Act, 1985
(Name of Place) Applicant
______ Through, Advocate
Respectfully:
1. Particulars of the Applicant:
As given in the Memo of Parties.
2. Particulars of the Respondents:
As given in the Memo of Parties.
3. Impugned Order:
That the applicant is aggrieved by the impugned action of the respondents whereby they are not allowing the pay to the applicant equal to the regular counterparts on the same and similar post on the principal of 'Equal Pay for Equal Work' as per the Rule 1, and also not allowing the salary to the applicant for the period of vacations.
The said impugned action is arbitrary, illegal, malafide, violative of the Constitutional Rights and natural justice and issued in colourable exercise of power
4. Jurisdiction:
That the applicant declares that the subject matter is within the jurisdiction of this Hon'ble Tribunal.
5. Limitation:
That the applicant further declares that the application is within the limitation.
6. Facts of the Case:
6.1 That the applicant submits that he was initially engaged as Lecturer __ on contract basis through a prescribed proper procedure against the regular sancti____oned post by the respondent department wef ______ at the fixed monthly salary of Rs. 1800/- plus allowances in the pre-revised pay scale Rs. 1800-3200 as was being paid to the regularly appointed teachers.
6.2 That ever since the applicant is performing the duties to the entire satisfaction of his superiors and students.
6.3 That the applicant is performing the duties equal to the regular counterparts and the qualification for both regular appointment and the contract appointment is the same and similar and the applicant is possessing the qualification _______.
6.4 That the pay scale for the regular hand on the same post in the revised pay scale is Rs. 6400-10640. As compared to this the applicant is being paid only a fixed salary of Rs. 1800/- for the same and similar type of job.
6.5 That it is pertinent to mention that when the applicant was initially engaged there was specific stipulation in the agreement that the applicant shall be paid monthly honorarium equal to of the basic pay in the pay scale of Rs. 1800/- fixed plus other allowances admissible at the station on the basic pay including HRA and CCA. The initial pay was thus equal to the scale of the regular hand in the pre-revised scale. And with the revision of the scale, the applicant was also entitled for the revised scale of Rs. 6400/- plus other allowances admissible at the station on the basic pay including HRA and CCA.
6.6 That the applicant has also not been paid salary for the vacation period, which otherwise is and has been paid to the regular counterparts. The applicant has also not been paid medical allowance and the salary for the casual leave period in accordance with the rules and regulations.
6.7 That the applicant has also not been paid salary for the vacation period, which otherwise is and has been paid to the regular counterparts. The applicant has also not been paid medical allowance and the salary for the casual leave period in accordance with the rules and regulations. The applicant is claiming vacation salary and salary for the fictional breaks for the following period:-
GROUNDS
6.8 That feeling aggrieved by such an arbitrary, malafide, discriminatory and illegal actions of the respondents, the applicant seeks the indulgence of this Hon'ble Tribunal on the following grounds amongst others, which may be taken at the time of arguments, each one of which is without prejudice to and independent of others :-
(a) That the impugned action of the respondent is arbitrary, malafide, illegal, ultra vires, against the Article 39 (d) read with 14 and 16 of the Constitution of India, dehors the rules and regulations and against the natural justice.
(b) That the applicant was initially appointed against a vacant regular and sanctioned post. The post for the regularisation of the service of the applicant is available.
(c) That the qualification for the regular post is same and similar as for the temporary/contract post.
(d) That the work being performed by the applicant is the same or work of similar nature in asmuch as the skill, effort and responsibility required are the same and being performed under the similar working conditions.
(e) That the nature of duty of the applicant is same and similar as that of the regular counterparts. Rather more duties are being extracted from the applicant.
(f) That there is qualititative and quantitative commonality in the nature of work being performed by the regular counterparts and by the applicant.
(g) That the applicant is entitled to the salary equal to his regular counterparts performing the same, similar and equal duties in accordance with the principles of law settled by the Hon'ble Apex court and this Hon'ble Tribunal in catena of cases.
(h) That the respondent department has chosen a novel method in getting services of teachers at cheaper rates. The job of the teachers can not be equated with that of manual labour since it is a dignified job carrying a status in the society. If the respondent department is taking the work from the applicant or other similarly situated persons in almost the same manner like regularly appointed teachers then there is hardly any basis for paying a lesser amount to him or them, as the case may be, only because they are termed as contract/adhoc/temporary teachers engaged on period basis. Engagement of this kind by the respondent department is simply an exploitation and against the principles laid down in Article 39 (d) of the Constitution which has been raised to the status of Fundamental Right inasmuch as violation of the Directive Principles of the State Policy violates Article 14 and 16. Therefore, the applicant is entitled to at least the minimum of the pay scale of regularly appointed teachers of the respondent department of the same rank.
(i) That the respondents are estopped due to their own act, deed and conduct. The principle of the Promissory Estopple applies against the respondents.
(j) That the impugned order is against the well settled principles of the law as laid down by the Hon'ble Supreme Court and this Hon'ble Tribunal in catena of cases.
(k) That the applicant is also entitled for the salary for the period of vacations/holidays/fictional breaks.
7. Reliefs Sought:
That the applicant, therefore, prays that your Lordship be pleased to issue an appropriate writ, orders or directions to grant the following reliefs in favour of the applicant in the interest of justice:-
(a) Quash the impugned action of the respondents whereby they are not allowing the pay scale of Rs. 6400-10640 plus other allowances to the applicant, in the revised scale of Rs. 6400-10640 on the principle of equal pay for equal work, being arbitrary, malafide and illegal;
(b) Direct the respondents to pay at least the minimum of the scale in the Revised Pay Scale for the same post held by the regular counterparts, ie; (Lecturer School Cadre), to the Applicant wef date of his initial appointment alongwith arrears and interest @ 18% thereon and all other consequential benefits;
(c) Direct the respondents to pay the salary for the period of vacations/period of fictional breaks/holidays to the applicant and also pay salary for six days casual leave;
(d) Direct the respondents to pay Medical Allowance to the applicant wef initial appointment alongwith interest @ 18% thereon till the payment of the same;
(e) Direct the respondents to produce all the relevant documents alongwith their reply for perusal by this Hon'ble Tribunal;
(f) Allow the cost of this OA;
(g) Pass such other order or directions as deemed fit and proper in favour of the applicant.
AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY.
8. Interim Orders, If Prayed:
It is prayed that the respondent department be directed to release the salary for the Summer vacations/holidays/fictional breaks to the applicant in terms of judgment of Divisional Bench of this Hon'ble Court in OA ______ Vs ______ dated ______ during the pendency of this OA.
9. Details of Remedies Exhausted:
That the applicant submits that since the matter being of an urgent nature, there is no other alternative speedy and efficacious remedy available to him except to approach this Hon'ble Tribunal.
10. Matter not Pending with any Other Courts Etc:
That the applicant further declares that the matter regarding which this application has been made, is not pending before any court of law or any other Authority or any other bench of this Hon'ble Tribunal.
11. Particulars of Court Fees:
Court fees worth Rs _____/- is attached herewith.
12. Details of Index:
An index containing the details of the documents to be relied upon is enclosed herewith.
(Name of Place) Applicant
______ Through, Advocate
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT _____________
OA No:______ of _____
_______________________ Applicant
Versus
_______________________ Respondents
Affidavit in support of OA under Section 19 of the Administrative Tribunals Act 1985.
I,______, do hereby solemnly, affirm and declare as under:-
1. That the accompanying OA has been prepared under my instructions.
2. That the contents of paragraphs 1 to 12 of the accompanying application are correct and true to the best of my knowledge.
3. That I further solemnly affirm and declare that this affidavit of mine is correct and true to the best of my knowledge and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this the ______.
Deponent
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT __________
OA No:______ of _____
______________________ Applicant
Versus
______________________ Respondents
Index
|
SI No |
Annx |
Particulars of Documents |
Pages |
|
1 |
|
Court Fees |
[I] |
|
2 |
|
Memo of Parties |
1 |
|
3 |
|
OA |
2 |
|
4 |
|
Affidavit |
|
|
5 |
A-1 |
|
|
|
6 |
A-2 |
|
|
|
7 |
A-3 |
|
|
|
8 |
A-4 |
|
|
|
9 |
|
Power of Attorney |
|
(Name of Place) Applicant
