A bench of Chief Justice Prakashman Singh Raut, Justices Kumar Chudal and Nityanand Pandey agreed to review the 5-month-old order.
We use Google Cloud Translation Services. Google requires we provide the following disclaimer relating to use of this service:
This service may contain translations powered by Google. Google disclaims all warranties related to the translations, expressed or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
The government has immediately avoided the obligation to increase the salary of employees of the same rank and dignity. As the mandate given by the Supreme Court last June to equalize the salary of the employees will be reviewed, the obligation to increase the salary has been avoided until the decision of the case.
The Supreme Court has decided to review the order given by the Supreme Court last June to equalize the salary of employees of the same rank and dignity. The bench of Chief Justice Prakashmansingh Raut, Justice Kumar Chudal and Nityanand Pandey gave consent to review the order of about 5 months ago.
The joint bench of Supreme Court Justices Manoj Kumar Sharma and Sunil Kumar Pokharel issued an order to adjust the salary of the employees. The government then filed a vacate petition (petition to set aside the order). The government went to the Supreme Court for review with the argument that adjusting the salary as per the mandate would cause a huge financial burden. The order of pay adjustment will not come into effect until the review petition is disposed of.
According to the government's request, since the Supreme Court will review the previous mandate, there is no immediate obligation to increase the salaries of the employees, said Mahesh Bhattarai, spokesperson of the Ministry of Finance. The Supreme Court had given an order to increase the salary according to the order of merit. According to the order, it was found that the country will be burdened financially. No budget has been allocated for that,'' he said, 'since the order could not be implemented immediately, the government requested to review it according to the law. There was confusion as to whether or not the said writ would be registered. Registered later. Now there is a hearing. If it is found that the previous order is correct in the hearing, there is no option to increase the salary.
Last July, the Supreme Court ordered to adjust the salaries of three categories of civil service officers. After hearing a writ petition that said that the salaries of joint secretaries, deputy secretaries and branch officers were lower than those of soldiers and police officers, who are equal in rank, the government treasury was shaken.
When the salaries of about 12,000 employees in three categories are increased, the salaries of the rest of the employees will also be automatically increased and an additional liability of about 1.5 trillion will be created in the salary. A quarter billion is half of the total development expenditure budget last year.
Army, police, civil and public institutions have different structures and corresponding ranks and salaries. But for the respect given by the state, the order of respect is different. The salary scale is decided by the Ministry of Finance and the Ministry of Home Affairs. Although the nature of service is different, the Supreme Court has ordered that the basic (starting) salary should be based on dignity.
According to the order of merit, joint secretary of civil service is at number 16, while army assistant Rathi and general secretary are at number 17. Similarly, DIG and SSP of Nepal Police and Armed Police are also in the same order. But the salary of Joint Secretary of 16th rank is 56 thousand 77, while that of DIGs of 17th rank is 60 thousand 950 and that of SSPs is 56 thousand 77.
Undersecretary of Civil Service is at number 18 in the order of rank, this is the rank of the chief soldier of the army and SP of the police. But the salary of the deputy secretary is 48 thousand 737 while that of the security officers is 52 thousand 279. Similarly, the salary of the branch officer, who is the 20th rank of rank, is 43 thousand 69, while the salary of fellow soldiers of the same rank is 47 thousand 20.
Now, the rules of conduct issued by the Ministry of Home Affairs in the Gazette on 16 May 2076 are in force. According to the gazette, the order of rank of the governor of Nepal Rastra Bank is number 12. However, the basic salary of the governor is 1 lakh 36 thousand. If the salaries of employees are to be determined according to the order of merit, then the salaries of the Chief Registrar of the Supreme Court, the General Secretary of the Federal Parliament, the Chief of Army Staff and the Chief Secretary should be more than 136,000. They are like or ahead of the governor in the order of dignity. But according to the officials of the Ministry of Finance, there is a practice of varying the salary according to the nature of the service.
Associate Attorney Govind Khanal, Deputy Attorney Santosh Sharma, Padam Bahadur Karki, Vimala Regmi, Yuvraj Mahat, Chapla Pokharel and Prakash Gautam and others filed a writ in the Supreme Court demanding that the salaries of the civil service employees working in the gazetted first, second and third category be increased on the basis of equality. were In the writ, the salary of the officers of the security agencies in the same ranking was higher than that of the civil servants, and the salary was demanded to be increased.
The joint bench of Supreme Court Justices Manoj Kumar Sharma and Sunil Kumar Pokharel had issued a mandate to increase the salary of the employees last July. "If the basic salary scale is not maintained for the employees according to the order of merit, it is contrary to the Constitution of Nepal, the provisions of the international legal documents to which Nepal is a party, and even the legal principles propounded by the Supreme Court, and it is seen that there will be a serious blow to their right to equality, taking into account the legitimate expectations and morale of the civil servants," the Supreme Court ordered, "Civil Service The basic pay scale of gazetted first, second and third class employees will be the same as other government service employees in the same order of merit, starting immediately. Adjust/determine the salary scale.'
In the current financial year 081/82, the government has estimated that 1 trillion 60 billion 315 million rupees will be spent on employee wages/benefits. According to the order of the Supreme Court, if only the salaries of the three levels of employees are matched, 1 trillion 61 billion 51 crore 58 lakhs and if all the employees are matched, the total expenditure of the state will be 3 trillion 10 billion 31 crore 58 lakhs.
In this financial year, the government has estimated that 2 billion 95 million 94 lakh rupees will be spent for social security expenses of employees including pension. According to the court's decision, if the salary of the employees is increased, the social security will increase by 60 percent of the increased salary, according to sources in the Ministry of Finance. As the revenue and other sources of income of the state have not increased as expected, the government is also finding it difficult to pay salaries to the employees according to the current scale. While the government's income is shrinking, the expenditure is increasing at a high rate. In such a situation, experts say that the state may not be able to bear the increase in the government's expenditure to increase the salary of the employees.
According to administrative experts, the salaries of employees are fixed on the basis of rank, but the Supreme Court has decided to adjust the salary of the gazetted First Class (Joint Secretary), Second Class (Deputy Secretary) and Third Class (Branch Officer) as there is discrimination in the salaries of army, police and civil servants who are in the same order of dignity. The order was issued on June 10.
In order to implement the court's order, the Ministry of Finance has submitted to the Council of Ministers an estimate of the cost of salary matching according to the rank of employees. According to the proposal, matching the salaries of the three levels of employees mentioned will cost around 1.45 billion rupees, while increasing the salary and pension according to the effect will cost around 1.5 trillion rupees.
In the current financial year, the government has estimated that 1 trillion 60 billion 315 million rupees will be spent on employee wages/benefits. When all employees' salaries are matched, the total expenditure will be about 3 trillion. Similarly, it is estimated that 2 billion 95 million 94 lakh rupees will be spent for social security expenses of employees including pension in the financial year.
There are 85 thousand 396 employees at union, state and local levels in Nepal. There are about 96,000 manpower in the Nepal Army, 80,000 in the Nepal Police and 37,000 in the Armed Police. There are around 31,000 employees in health services and 1,91,27 teachers in public schools across the country. However, the permanent posts of teachers are only 180,000. There are 32 thousand 180 employees in 42 public institutions that are currently operating.
In this way, a total of 552 thousand 603 national servants are working at the expense of the state of Nepal. Economists say that salary increase should not be done for the time being because the state will have an additional financial burden if the government budget is barely covering the current expenses.
