CAT junks notification for paying less salary to staff on probation

Chandigarh Bench of the Central Administrative Tribunal (CAT) has quashed a notification issued by the UT Administration in 2015 for paying fixed emoluments to newly recruited employees without grade pay, annual increments or any other allowances during the first two years of probation.

The tribunal has passed the order on an application filed more than 15 employees who were recruited after the issuing of the notification. It has also directed the Administration to grant the entire differential amount of regular pay scale and allowances after deducting the amount of fixed remuneration paid to the employees during the probation period.

The employees stated that they were appointed as clerk/steno typist pursuant to the advertisement dated October 6, 2015. When they were offered appointment in 2016, they were granted grade pay. But, as per clause 4 of the appointment letter, the Administration inserted a condition that applicants will be paid fixed emoluments, which will be a minimum of the pay band of the post, during the probation period of two years. Also, during the extended probation, if any, no grade pay, annual increment or other allowances, except travelling allowance, will be payable. The employees’ contention was based on the notification dated January 15, 2015, whereby the Punjab Civil Service Rules were amended.

This has been adopted by Chandigarh Administration vide letter dated July 10, 2015. Consequently, applicants are suffering monthly loss of emoluments and are getting paid even less than persons working on a contract basis on the same post, the applicants contended.

The Administrations justified the notification and said it was based on a letter issued by the Punjab Government.

After hearing of the arguments, the tribunal said the respondents have resisted the claim of the applicants but have not been able to cite any law contrary to what has been cited by the counsel for the applicants. In view of the matter, being covered by the decision in the case of Dr Vishavdeep Singh and others, the application is allowed.

As the notification dated January 15, 2015, issued by State of Punjab amending the Civil Service Rules, by insertion of Rule 2.20-A and substitution of Rule 4.1, 4.4 and 4.9, has already been held to be illegal and quashed, consequently the letter dated July 10, 2015, is also quashed and set aside, said the tribunal.

The applicants are to be granted the entire differential amount of regular pay scale and allowances after deducting the amount of fixed remuneration paid to them during the period of probation. The whole exercise will be carried out by the respondents within a period of three months from the date of receipt of a copy of this order, the CAT ordered.

Chandigarh