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Can the government equate the two posts?

Shivendra Pratap Singh

Advocate

17/07/2021

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Question: I’m working as an inspector in the food department. My post is inferior to the post of inspector in the supply department. Can the state government equate the two posts because there is a discrepancy between the salary and status. After ten years of service the one post becomes gazetted and the other remains the non-gazetted. We are facing humiliation due to change of status after ten years of service. So we have decided to get the same status and salary from the government. We will compel the government to give the same status to our post. 

Our leaders will talk to the government on this issue and try to get equal status. I want to know if there is any legal hurdle to make both posts equivalent and do justice with the government employee. Please give some concrete materials to support our attempt to get equal status. 

Question from: Uttar Pradesh

The state government has the power to equate two similar posts. This power is exclusively vested in the state government. It is an exclusive administrative power of the state government. You should approach the government with the relevant facts and enable the government to do justice. 

Submit a representation

If the recruitment procedure and educational qualifications for both posts are similar then there is a good chance to get equal status. Thus you should prepare a representation and submit it to the principal secretary of the concerned department. You can also send the representation to the chief secretary of the state government. Mention these facts in the representation:

  • Recruitment procedure is identical
  • Similarities in duties and responsibility of officers holding both posts
  • Cadres are same i.e. single post cadre with same salary at the time of initial joining
  • There is a common rule for both posts

Above materials are necessary to strengthen your demand and to empower the state government to take quick decisions. Your matter comes under the ambit or purview of administrative jurisdiction of the state government.. 

In P. U. Joshi vs A. G. Ahmedabad (2003) 2SCC 632, the supreme court has held that it is ultimately the government to take an appropriate decision on the equivalent of posts.

Thus you should approach the state government as soon as possible. You should annex the relevant facts and grounds to show discrepancies in both posts. Thereafter, the government can equate the two posts. Without showing the impediments in the holding of posts you cannot get any relief from the government.  

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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