Judgment No. 3931
The complaints are dismissed.
The complainants contest the decision to apply new salary scales in New Dehli as from 1 November 2014, which show a salary freeze for staff members already in service and a lower salary for new staff.
icsc decision; general service category; salary; complaint dismissed
In the present case, the complainants’ causes of action are not based on pay slips. They seek to challenge the general decision embodied in the Administrative Order of 1 October 2014 vide Dossier 2-1 New Delhi. They cannot do so. The distinction between challenging a general decision and challenging the implementation of the general decision as applied to an individual staff member is not a barren technical point to frustrate individual staff members from pursuing their rights or protecting their interests. It is a distinction rooted in the nature and extent of the jurisdiction of the Tribunal conferred by the Tribunal’s Statute. The Tribunal must act within the limits established by the Statute. There are many statements in the Tribunal’s case law about the nature of this jurisdiction and its limits. One example of a comparatively recent discussion of those limits and how they arise from the Statute is found in Judgment 3642, consideration 11. As the Tribunal observed in Judgment 3760, consideration 6: “[t]he jurisdiction of the Tribunal is, under the Statute construed as a whole, concerned with the vindication or enforcement of individual rights (see, for example, Judgment 3642, under 11).”
ILOAT Judgment(s): 3642, 3760
general decision; individual decision; cause of action
Challenging a pay slip is an orthodox and accepted mechanism whereby an individual staff member can challenge a general decision as and when it is implemented in a way that affects or is likely to affect that individual staff member.
general decision; individual decision