No CHQ/AIAIASP/Upgradation/GP/2017 dated
10.11.2017
To,
Shri A. N. Nanda,
Secretary (Posts),
Department of Posts,
Dak Bhawan, Sansad Marg,
New Delhi 110 001
Subject : Regarding upgradation of Grade Pay of Inspector Posts to Rs. 4600/- (PB-2) w.e.f. 01.01.2006 in the 6th CPC structure in pursuance of Para 7.6.14
of its report.
Ref. : Directorate letter No. 2-12/2013-PCC
dated 24.10.2017
Respected Sir,
On behalf of this Association, it is
respectfully submitted that after issuance of orders regarding upgradation of
GP of Inspector Posts to Rs. 4600/- (PB-2) w.e.f. 01.01.2006 in the 6th CPC
structure in pursuance of Para 7.6.14 of its report as referred above, DDOs in
the entire country are making their own interpretation for pay fixture of Inspector
Posts (IPs) w.e.f 01.01.2006 hence the matter of re-fixation of pay is hold up badly.
Therefore, comprehensible directions are required from Directorate with regards
to re-fixation of pay of IPs w.e.f 01.01.2006 in GP of Rs. 4600/- (PB-2)
corresponding to pre-revised scale of Rs. 7450-225-11500. In this regard
following submissions are hereby made to your good self for issuing necessary
directions to all circles for proper fixation of pay of IPs w.e.f 01.01.2006 at
the earliest:
1. That
consequent upon the issuance of OM of Ministry of Finance, Department of
Expenditure F. No. 1/1/2008-IC dated 13th Nov 2009 regarding upgradation of GP
to Rs. 4600/- (PB-2) corresponding to pre-revised scale of Rs. 7450-225-11500
of Inspectors of CBDT/CBEC and Assistants in CSS w.e.f 01.01.2006, this
Association was forced to file a court case in CAT Ernakulam Bench vide OA No. 289/2013
contesting that Inspector Posts has been given a step motherly treatment hence
conveniently omitted from above upgradation with consequential benefits inspite
of the fact that Inspector Posts were holders of pay scale of Rs.9300-34800
(Pre-revised pay scale of Rs.6500-10500 in the light of recommendation of 6th
CPC in para 7.6.14 placing Inspector Posts at par with Assistants and
Inspectors of CBDT/CBEC and as such they are entitled for the revised grade pay
of Rs.4600/- at par with Inspectors CBDT/CBEC and Assistants. Needless to
mention here that para 7.6.14 was accepted by the Government of India as per
Resolution No. 1/1/2008-I.C. dated 29.08.2008.
2. That after much deliberation learned Hon'ble CAT
Ernakulam Bench has decided the case in favour of this Association and directed
the concerned Ministries to extend the benefits of OM of Ministry of Finance,
Department of Expenditure F.No. 1/1/2008-IC dated 13th November 2009 to Inspector
Posts by granting similar pay scale at par with Inspectors of CBDT/CBEC and
Assistants in CSS w.e.f 01.01.2006.
3. That
in compliance thereto, Department of Posts has considered the issue of
upgradation of GP of Inspector Posts afresh in consultation with Ministry of
Finance, Department of Expenditure and granted GP of Rs. 4600/- (PB-2) to
Inspector Posts from 01.01.2006 in the 6th CPC structure in pursuance of Para
7.6.14 of its report. The orders in this regard was circulated to all circles
vide Directorate letter no. 2-12/2013-PCC dated 24.10.2017. But this order is
still not executed by many DDOs in the country, as there are no clear-cut
directions for fixation of GP of IPs. Few Circle branches of this Association
have already taken up the issue with the concern circle.
4. The
fixation of IPs in new pay structure w.e.f 01.01.2006 is basically categorized
on following three categories.
Sr. No.
|
Category of IP
|
Relevant Rule for Pay fixation
|
Minimum PAY
|
Remarks
|
A
|
Direct Recruited IPs through SSC on
or after 01.01.2006
|
Pay is to be fixed as per Rule 8 of
CCS (RP) Rules 2008
|
@ 17140 as entry pay in PB-2 with
GP = 4600
|
--
|
B
|
Promoted as IPs in between
01.01.2006 to 31.08.2008
|
Rule 11 of CCS (RP) Rules 2008
|
@ 18460
As minimum pre-revised BP of IP was
Rs. 7450 w.e.f 01.01.2006 for new Pay scale of GP=4600. Hence on any
subsequent date after 01.01.2006. Pay will be fixed as per fitment table of
S-13
|
As Pay scale of IP has been now
upgraded to GP 4600/- corresponding to pre-revised scale of Rs. 7450-225-11500
w.e.f 01.01.2006 therefore IPs promoted in between 01.01.2006 to 31.08.2006
are bound to opt pay commission from the date of their promotion subsequent
to 1st Jan 2006 by forgoing their arrears upto date of their promotion.
|
C
|
IPs who were in IP cadre prior to
01.01.2006
|
Rule 7 of CCS (RP) Rules 2008
|
All such IPs were having
pre-revised old scale as 5500-9000 therefore their pay was fixed on
01.01.2006 as per fitment table of GP=4200. But now things have been changed
and pay scale has been upgraded to GP=4600 corresponding to pre-revised scale
7450-225-11500
|
Therefore these IPs are entitled to
give their option either
(i) for switching over to Pay
commission subsequent to 01.01.2006 so that their pay may be fixed as per
Rule 11 by forgoing the arrear or (ii) to opt for stepping up of pay w.r.t
junior who got promotion after 01.01.2006, in this case seniors will not have
to forgo their arrears.
|
5. The Nodal Department has issued numerous
clarifications in this regard and even Department of Posts has fixed the pay of
certain Assistants working in the department vide order No. 17-10/2008-Admn of
dated 21.04.2010 in similar manner as emphasized in Rule 11 of CCS (RP) Rules
2008 after receipt of OM of Ministry of Finance, Department of Expenditure F.No.
1/1/2008-IC dated 13th November 2009 regarding upgradation of GP to Rs. 4600/-
(PB-2) corresponding to pre-revised scale of Rs. 7450-225-11500 of Inspectors
of CBDT/CBEC and Assistants in CSS w.e.f 01.01.2006.
6. It
is further submitted that various aggrieved Central Government employees have
approached the Hon’ble Courts for seeking justice for correctly fixation of
their pay in 6th CPC pay structure. The Learned CAT Principal Bench New Delhi
in OA No. 3217/2014, dealing with similar and identical anomaly, settled the
dispute, in view of settled principle of “EQUAL PAY FOR EQUAL WORK”.
While parting with case, it categorically directed respondents to ensure that
none of applicants’ pay is fixed at a stage lower than the pay which could be
drawn by a Direct Recruit appointee on or after 1.1.2006. Affirming the orders
in its judgment dated 23.03.17 in WP (C) No.2634/2017, Hon’ble High Court of
Delhi made observation that “In any case, the same post cannot have two pay
scales – one for the promote and other for the direct recruit for it violates
the principle of ‘EQUAL PAY FOR EQUAL WORK”. Further, Hon’ble Supreme Court
while dismissing the SLP No. 23663/2017, filed by the Government of NCT of
Delhi on 23.03.17, directed the Government of India on 01.09.2017 to
immediately look into the matter and issue appropriate orders for granting the
pay scale so that people need not necessarily travel either to the Tribunal or
the High Court or this Court.
7. As the orders of APEX Court are binding in
nature; therefore, one cannot take different view and the pay of any senior
cannot be fixed at lower stage than it’s junior. The situation explained in
para no. 4 is best available solution for settling the issue of re-fixation of
Pay of IPs irrespective of their category how they are being recruited in cadre
and as per their position on 01.01.2006. If still any senior (whether direct or
promote) still gets less pay than his junior (direct or promote) then the
provision of stepping up is there for settling the issue.
Under the facts and circumstances
mentioned herein above and in the light of ruling position, clarification and
Court Judgments, I, on behalf of this Association, request your good self to
pass an appropriate directions to all circles for re-fixation of pay of
Inspector Posts, those who were in service as on 1.1.2006; those who opted to
chose 6th CPC at a later date; Direct Recruit Inspector Posts joined after
1.1.2006, in the revised pay structure of Grade pay of Rs.4600/- (PB-2)
corresponding to pre-revised scale i.e. 7450-225-11500 so that the issue of
re-fixation can be settled at earliest please.
An early and
favourable action is solicited please.
With profound regards.
Yours Sincerely,
Sd/-
(Vilas Ingale)
(Vilas Ingale)
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