Pay And Pay Scale - Law Dictionary Search Results
Home Dictionary Name: pay and pay scalePay and pay scale
Pay and pay scale, are conceptually different connotations. Pay is essentially a consideration for the services rendered by an employee and is the remuneration which is payable to him. Remuneration is the recurring payment for services rendered during the tenure of employment. Pay and salary are necessarily not interchangeable concepts. Their meanings vary depending upon the provision providing for them. Pay means the amount drawn monthly by a Government servant as - (i) the pay, other than special pay or pay granted in view of his personal qualifications, which has been sanctioned for a post held by him substantively or in an officiating capacity, or to which he is entitled by reasons of his position is a cadre, and (ii) overseas pay, special pay and personal pay, and (iii) any other emoluments which may be specially classed as pay by the president.' A pay scale has different stages starting with initial pay and ending with ceiling pay. Each stage in the scale is commonly referred to ...
Temporary assistant officers
Temporary assistant officers, the expression 'Temporary Assistant Officers', which was not previously defined in the Railway Establishment Code, was sought to be defined by new clause 17 of Rule 102 to mean a 'a gazetted railway servant drawing pay on the scale applicable to junior scale officers but not classified either as Class I or as Class II Officer'. The expression Assistant Officer was redefined so as not to include a Temporary Assistant Officer who was not 'classified either as Class I or as Class II', Katyani Dayal v. Union of India, (1980) 3 SCC 245: (1980) 3 SCR 139....
Basic wages
Basic wages, means all emoluments which are earned by an employee while on duty or on leave or on holidays with wages in either case in accordance with the terms of the contract of employment and which are paid or payable in cash to him, but does not include-(i) the cash value of any food concession; (ii) any dearness allowance (that is to say, all cash payments by whatever name called paid to an employee on account of a rise in the cost of living), house-rent allowance, overtime allowance, bonus commission or any other similar allowance payable to the employee in respect of his employment or of work done in such employment; (iii) any presents made by the employer. [Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), s. 2 (b)]The phrase 'basic wages' is ordinarily understood to mean that part of the price of labour, which the employer must pay to all workmen belonging to all categories. The phrase is used ordinarily in marked contra-distinction to 'dearness ...
Promotion
Promotion, as understood in ordinary parlance and also as a term frequently used in cases involving service laws means that a person already holding a position would have a promotion if he is appointed to another post which satisfies either of the two conditions namely that the new post is in a higher category of the same service or that the new post carries higher grade in the same service or class, Dr. Meera Massey v. Dr. S.R. Mehrotra, (1998) 3 SCC 88.Means advancement or preferment in honour, dignity, rank or grade. Promotion thus not only covers advancement to higher position or rank but also implies advancement to a higher grade, State of Rajasthan v. Fateh Chand Soni, (1996) 1 SCC 562: 1996 SCC (L&S) 340.Promotion as understood under the service law jurisprudence means advancement in rank, grade or both. Promotion is always a step towards advancement to a higher position, grade or honour. Opting to come to a lower pay scale or to a lower post cannot be considered a promotion, it...
Vacancy and grade
Vacancy and grade, the word 'grade' has various shades of meaning in the service jurisprudence. It is sometimes used to denote a pay scale and sometimes a cadre. Whenever, a 'vacancy' arises in a permanent post or in a temporary post it would be a vacancy in the grade of Executive Engineer and the quota rule for promotion would apply, A.K. Subraman v. Union of India, AIR 1975 SC 483 (490): (1975) 1 SCC 319: (1975) 2 SCR 979....
Equal pay for equal work
Equal pay for equal work, it does not mean that all the members of a cadre must receive the same pay packet irrespective of their seniority, source of recruitment, educational qualifications and various other incidents of service, State of Andhra Pradesh v. G. Sreenivasa Rao, (1989) 2 SCC 290.Article 39(d) of the Constitution proclaims 'equal pay for equal work for both men and women' as a Directive Principle of State Policy. Equal pay for equal work for both men and women means equal pay for equal work for everyone and as between the sexes. The Preamble to the Constitution declares the solemn resolution of the people of India to constitute India into a Sovereign Socialist Democratic Republic. Again the word 'Socialist' must mean some thing. Even if it does not mean to each according to his need it must at least mean 'equal pay for equal work'.'The principle of equal pay for equal work is expressly recognized by all socialist systems of law, e.g., s. 59 of the Hungarian Labour Code, Pa...
Scalam
Scalam [fr. ad scalam, Lat., at the scale], the old way of paying money into the Exchequer.Scalam, was the method of paying money to the Exchequer, in which six pense was added to each twenty shillings to compensate for a deficiency in weight, although no scales were actually used, Black's Law Dictionary, 7th Edn., p. 1345....
Stipendium
Stipendium [fr. stips, a piece of money, and pendo, to weigh, Lat.], wages; pay. Before silver was coined to Rome, the copper money in use was paid by weight, and not by scale.A soldier's regular pay, Black's Law Dictionary, 7th Edn., p. 1427....
Equivalent post
Equivalent post, the true criterion for equivalence is the status and the nature and responsibility of the duties attached to the two posts. Although the two posts of Principal and Reader are carried, on the same scale of pay, the post of Principal undoubt-edly has higher duties and responsibilities, Vice Chancellor L.N. Mithila University v. Dayanand Jha, AIR 1986 SC 1200 (1202): (1986) 3 SCC 7. [Bihar State Universities Act, 1976, s. 10(14)]...
Costs
Costs, expenses incurred in litigation or professional transactions, consisting of money paid for stamps, etc., to the officers of the Court, or to the counsel and solicitors, for their fees, etc.Costs in actions are either between solicitor and client, being what are payable in every case to the solicitor by his client, whether he ultimately succeed or not; or between party and party, being those only which are allowed in some particular cases to the party succeeding against his adversary, and these are either interlocutory, given on various motions and proceedings in the course of the suit or action, or final, allowed when the matter is determined.Neither party was entitled to costs at Common Law, but the Statute of Gloucester (6 Edw. 1, c. 4), gave cots to a successful plaintiff, and 2 & 3 Hen. 8, c. 6, and 4 Jac. 1, c. 3, to a victorious defendant; see Garnett v. Bradley, (1878) 3 App Cas 944.In proceedings between the Crown and a subject the general rule is that the Crown neither ...
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