HC: Employee can’t be denied higher salary if they work in a higher post | Bhubaneswar News
Cuttack: Orissa high court has held that an employee cannot be deprived of his/her right to get higher salary/scale of pay, if he/she discharges the duties of higher office, while considering the case of a woman who worked for more than 23 years as a bank’s cashier, but was paid the salary of a peon.
Tilottama Baliarsingh (54) was appointed as temporary peon (Grade VII) at the Mahila branch of United Puri-Nimapara Central Cooperative Bank Ltd under the rehabilitation assistance scheme on July 17, 1999 after the death of her husband who was manager of another branch.
She was directed to function as cashier (Grade VI) by an order issued on Oct 9, 2001. While she continued to function as cashier, her services were regularised in the post of peon on Oct 29, 2011.
However, she filed a petition in the same year seeking the HC’s intervention for regularisation of her services as cashier. While petition was pending, Tilottama has been working as cashier at the branch.
While disposing of the petition on Tuesday, the bench of Justice M S Raman quashed the Oct 29, 2011 order of the bank’s secretary regularising Tilottama in the post of peon.
Accordingly, Justice Raman in his order said, “In consequence thereof, it is requested that the competent authority of the United Puri-Nimapara Central Cooperative Bank Ltd shall consider the case of the petitioner for regularisation in service in the post of cashier.”
“Needless to say that the petitioner, in the event of favourable consideration by the competent authority as mentioned above, shall be entitled to higher scale of pay,” Justice Raman said, adding, “It is hoped that the entire exercise of the concerned authorities shall be concluded within a period of three months hence.”
Justice Raman said the petitioner has passed Class X and has more than six years of experience with a good career and clean service record. “In such view of the matter, the contention of the bank authorities that the she had no requisite qualification for being considered to be regularised in the post of ‘Cashier’ in consonance with the rules falls flat,” Justice Raman observed.
“The petitioner has been entrusted with higher responsibility attached to the post of cashier even though was appointed as peon as ‘temporary employee’ and it is perceptible from the branch manager’s report that she petitioner has been discharging her duty sincerely, honestly, efficiently and fit enough to be considered for regularization in the post of cashier. Therefore, she would be entitled to financial benefits attached to the higher post,” Justice Raman ruled.
“The fact remains, the petitioner has already worked for more than 24 years by now as cashier without blemish. An employee cannot be deprived of his/her right to get higher salary/scale of pay, if he/she discharges the duties of higher office. In this case, the petitioner was directed to work as cashier on Oct 9, 2001, by order of the bank,” Justice Raman further ruled.
Tilottama Baliarsingh (54) was appointed as temporary peon (Grade VII) at the Mahila branch of United Puri-Nimapara Central Cooperative Bank Ltd under the rehabilitation assistance scheme on July 17, 1999 after the death of her husband who was manager of another branch.
She was directed to function as cashier (Grade VI) by an order issued on Oct 9, 2001. While she continued to function as cashier, her services were regularised in the post of peon on Oct 29, 2011.
However, she filed a petition in the same year seeking the HC’s intervention for regularisation of her services as cashier. While petition was pending, Tilottama has been working as cashier at the branch.
While disposing of the petition on Tuesday, the bench of Justice M S Raman quashed the Oct 29, 2011 order of the bank’s secretary regularising Tilottama in the post of peon.
Accordingly, Justice Raman in his order said, “In consequence thereof, it is requested that the competent authority of the United Puri-Nimapara Central Cooperative Bank Ltd shall consider the case of the petitioner for regularisation in service in the post of cashier.”
“Needless to say that the petitioner, in the event of favourable consideration by the competent authority as mentioned above, shall be entitled to higher scale of pay,” Justice Raman said, adding, “It is hoped that the entire exercise of the concerned authorities shall be concluded within a period of three months hence.”
Justice Raman said the petitioner has passed Class X and has more than six years of experience with a good career and clean service record. “In such view of the matter, the contention of the bank authorities that the she had no requisite qualification for being considered to be regularised in the post of ‘Cashier’ in consonance with the rules falls flat,” Justice Raman observed.
“The petitioner has been entrusted with higher responsibility attached to the post of cashier even though was appointed as peon as ‘temporary employee’ and it is perceptible from the branch manager’s report that she petitioner has been discharging her duty sincerely, honestly, efficiently and fit enough to be considered for regularization in the post of cashier. Therefore, she would be entitled to financial benefits attached to the higher post,” Justice Raman ruled.
“The fact remains, the petitioner has already worked for more than 24 years by now as cashier without blemish. An employee cannot be deprived of his/her right to get higher salary/scale of pay, if he/she discharges the duties of higher office. In this case, the petitioner was directed to work as cashier on Oct 9, 2001, by order of the bank,” Justice Raman further ruled.
