OA No. 289/13 filed by CHQ adjourned to 8/8/2013 before the Registers Court. The brief of reply filed by DOP is as under:
None of the grounds raised by the applicant is tenable in the eyes of law or on
facts. It is respectfully submitted at the risk of repetition that in
compliance with the directions of this Hon’ble Tribunal contained in Annexure
A-19 order, the issue was taken up with the Nodal Ministry, Department of
Expenditure to have a re-look at the level of Secretary. The matter was examined in the Nodal Ministry
and it was not agreed for the up gradation of the Grade Pay of the Inspector
(Posts) on par with that of the Inspectors of Income Tax CBDT and CBCE citing
the following reasons:
(a) Inspector
Posts were in the Pay Scale of Rs.5500-9000 prior to 6th CPC. However, the 6th CPC in para
7.6.14 recommended, inter-alia,”……. The Commission is recommending the merger
of pre-revised pay scale of Rs.5500-9000 and Rs.6500-10500 which will
automatically bring Inspector Posts on par with Assistants in CSS/Inspector and
analogous posts in CBDT/CBEC…..”.
Therefore, Inspector Posts have eventually come at par with Assistant
CSS/Inspector CBDT/CBEC consequent on merger of pre-revised pay scalee of Rs.
5000-8000, 5500-9000 and 6500-10500. As
such, there was no specific recommendation in para 7.6.4 to the effect that
Inspector Posts are granted pre-revised pay scale of Rs. 6500-10500. Therefore, Inspector Posts have been granted
normal replacement as per Part A of CCS(RP) Rules, 2008 and are rightly placed
in the scale of Rs. 9300-34800 in PB-2
with Grade Pay of Rs. 4200/-. It is
submitted that initially, as per recommendations of the 6th CPC in
para 3.1.14, Inspector of CBDT/CBEC were also placed in the scale of Rs. 9300-
34800 in PB-2 with Grade Pay of RS. 4200/-.
Subsequently, by virtue of being in the pre-revised pay scale of Rs.
6500-10500 as on 01-01-2006, they have been covered by Annexure A-8 OM dated
13-11-2009 and were placed in the pay of
Rs. 9300-34800 with Grade Pay OF Rs. 4600/- corresponding scale of Rs.
7450-11500/-.
(b) Inspectors
in CBEC/CBDT were placed in the scale of Rs. 6500-10500 with effect from
21-04-2004 ie, prior to 6th CPC by an executive order of the
Government keeping in view their parity with Inspectors of CBI/IB and
directions of the Hon’ble CAT, Jabalpur Bench.
Further, Assistants of CCS have also been granted the pay scale of Rs.
6500-10500 with effect from 15-09-2006 on
the basis of their traditional parity with Inspectors CBEC/CBDT.
(c)
Subsequently, Assistants of CCS were placed
in the scale of Rs. 9300-34800 with Grade Pay of RS. 4600/- corresponding scale
of Rs. 7450-11500/- vide Annexure A-10 OM dated 16-11-2009. The Grade Pay of RS. 4600/- has been extended to only four Head Quarter
services ie, Central Secretariat Service (CSS), Armed Forces Headquarters
Service (AFHQ), Indian Foreign Service
‘B” IFS (B) & Railway Board Secretariat Service (RBSS) and their
counterpart Stenographer Services.
Therefore, it was a conscious decision of the Government to keep
Assistants in CSS/Inspector and analogous posts in CBDT/CBEC in the higher
pre-revised scale ie, Rs. 7450-11500/- considering their pre-revising
relativities, hierarchical structure, mode of recruitment etc. The
mode of recruitment was not the only criteria as contended by the applicants in
the OA. In various cases, the Apex Court also opined that wholesale
identity between two groups would involve matters relating to nature of work,
educational qualification, mode of appointment, experience etc.
(d)
It is pertinent to mention here that the
Annexure A-8 & A-10 OMs came into existence as a result of demand from
various quarters of Government seeking up gradation for pre-revised scale of
RS. 6500-10500 due to functional
requirement. However, hierarchical
structure of Inspector Posts does not demand such functional requirement, as
post of ASP in the scale of pay of Rs.
9300-34800 wityh Grade Pay of Rs. 4600 in PB-2 corresponding to pre-revised
scale of Rs. 7450-11500 still exists, even after implementation of 6th
CPC recommendations.
(e)
That the 6th CPC vide para 7.6.14
considered the demand for the scale of Rs. 6500-10500 at par with Inspector
CBDT/CBEC and Assistants of CCS. Since
Inspector Posts have come in the Pay
Scale of Rs. 9300-34800 with Grade Pay of Rs. 4200/- in PB-2, corresponding to
pre-revised scale of Rs. 6500-10500, the hierarchical posts in their cadre ie,
ASP and SP had to be placed in the Grade Pay of Rs. 4600/- and Rs. 4800/-
respectively to maintain the relativity in the cadre. Moreover, the scale of other similarly placed
posts ie, Assistant Manager and Manager in Mail Motor Service were also placed
in the Grade Pay of Rs. 4600/- and Rs. 4800/- respectively. In case the demand of Inspectors Posts for
the Grade Pay of Rs. 4600/- is accepted, it
will have cascading effect involving huge financial implications. Also, the demand for up gradation from
similarly placed posts in Mail Motor Service etc will arise immediately.
(f)
The duties and
responsibilities of Inspector, CBDT/CBEC relates to enquiry and survey,
assessment, tax evasion, petitions, prosecutions, TDS, tax recovery,
prosecution before Tribunals/Courts,
investigations etc. The Assistants of
CSS performs the duties relating to parliament matters/cabinet matters, service
matters, formulation/review/monitoring of national policy/programs on various
subjects, assistance to executives, legislatures in the smooth functioning of
the Government etc. Therefore, the
duties and responsibilities assigned to the Assistants CSS and Inspector,
CBDT/CBEC are quite different from that of Inspector (Posts). There is no comparison between Assistants
CSS& Inspector CBEC/CBDT and Inspector (Posts). They are performing different duties in their
respective cadres.
It
is submitted that the issue was examined by the Secretary (Finance) and
the proposal for up
gradation of the Grade Pay of the Inspector (Posts) on par with that of the
Inspectors of Income Tax CBDT and CBCE was rejected by the Nodal Ministry citing the above mentioned reasons. The
decision of the Ministry of Finance was communicated under the signature of the
Under Secretary and the same was communicated to the applicants by the office
of the 3rd respondent.
Under the above circumstances, it is humbly
prayed that the Applicants’ prayers in the Original Application are devoid of
any merit and the Applicants are not entitled to get any of the reliefs sought
for in the Original Application and the Original Application is liable to be
dismissed with cost to the Respondents.
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