Consent of employee must for Deputation

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      Deputation in government service can only be with the consent of the employee, the Gujarat High Court has ruled.

Baldev Chauhan, a technical assistant had sought the intervention of the court to declare his deputation order passed by the District Development Officer (DDO) as illegal and arbitrary. Justice KS Jhaveri ruled that the petitioner was sent on deputation without his consent and hence, the order passed by the DDO was bad in law and deserved to be quashed and set aside.

The court observed that the petitioner worked on deputation for a period of almost 13 years. However, he was repatriated to the parent department by the DDO vide order dated 09.05.2006 where he served for only two years. The DDO vide order dated 09.01.2008 again sent the petitioner on deputation at Jilla Gram Vikas Agency, Himatnagar without his consent. Being aggrieved by the said order, the petitioner made a representation for consideration; however, no decision was taken on the said representation.

Justice Jhaveri said, “In the present case, it is apparent that the petitioner has been sent on deputation to the place in question without his consent and against his willingness. Therefore keeping in mind the principle laid down by the apex court, in the case of State of Punjab vs. Inder Singh and others (1997) 8 SCC 372, it is clear that the impugned order passed by respondent no. 1 is bad in law and deserves to be quashed and set aside.”

source-lawetalnew

Expected Dearness Allowance from July-2010 for Central Government Employees

The second installment for this year (2010) of Dearness Allowance (DA) is awaited with lots of expectations…
The main expectation among lakhs of Central Government Employees will be announcement of the next additional installment of Dearness Allowance (DA) for this year….
The reasons are many…
Employees getting only 3% annual increment for one year and those who are getting promotion, they are also getting only Grade Pay difference + 3% annual increment after waiting for several years. But nowadays employees are getting Dearness allowancepercentage much than annual increment due to all commodities price increase.
Dearness Allowance is an essential component of salary, it is based on monthly All IndiaConsumer Price Index for Industrial Workers (Base year 2001-100) announced by the Labour Bureau – Government of India from time to time. After 6th CPC only the Government directed that the Dearness Allowance has to be calculated based on AICPIN with the base year 2001-100.
We have clearly stated in our site that the Dearness Allowance (DA) from Jan-2010 to Jun-2010 should be 8% with appropriate proof. Some had doubt about this, but the Government accepted and the 8% Dearness Allowance (DA) was announced (19.03.2010) from Jan-2010.
As of now, the situation demands increase in Dearness Allowance (DA) from Jul-2010 to Dec-2010 should be 44% and it will confirmed only when the All India Consumer Price Index(AICPIN) for May and June to be published. But when the index value 170 decreases to 165 or low for the next two months, the Dearness Allowance (DA) will be 8%. If it increases from 170 to 173 and above, there is a chance that the Dearness Allowance (DA) shoots up to 10%. Till now, we can conclude that additional Dearness Allowance (DA) will be 9% because there is no relief in the prices of essential commodities. But the Government will be strictly monitoring the situation and control prices that the AICPIN (All India Consumer Price IndexNumber for Industrial Workers (CPI-IW) on base 2001=100) value doesn’t go up.
In the next year, when DA crosses 50%, all allowances will get a hike up to 25% as per the 6th CPC recommendations. This will bring some relief to the employees.
The Pensioners, State Government employees and who are all getting pay as per 5th CPC also looks forward eagerly waiting for the announcement of increase in Dearness Allowance(DA).
We have to wait for this announcement for almost two months.