Monday, December 18, 2017

Letter to Secretary (Posts) i/c/w up-gradation of GP of Inspector Posts from 4200/- to 4600/-.

No. CHQ/AIAPASP/Upgradation/GP/2017                        dated : 18/12/2017


Shri A. N. Nanda,
Secretary (Posts)
Department of Posts,
Dak Bhawan, Sansad Marg,
New Delhi 110 001.

Subject : Non implementation of orders of Directorate by which the Grade pay of Inspector of Posts has been upgraded 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.         :    1.       Directorate letter No. 2-12/2013-PCC dated 24.10.2017
                   2.       CAT Ernakulam judgement Dated 16.10.2015
 3.       Contempt petition no. C.P/180/00137/2016 in OA No.   180/00289/2013

Respected Sir,

On behalf of Association of Inspector Posts and Asstt Supdt Posts, it is respectfully submitted that aggrieved of the anomalous situation occurred vide MOF OM dated 13.11.2009 & 16.11.2009 due to grant of Grade Pay of Rs.4600/- in the Pay Band PB-2 corresponding the pre-revised scale of Rs. 7450-11500 with effect from 01-01-2006 to the Inspector of CBDT/CBEC and Assistants in CSS, this Association filed litigation vide OA 289/2013 before Hon’ble CAT Ernakulam Bench, contesting that Inspector Posts were conveniently omitted from the above upgradation and consequential benefits. It was categorically mentioned 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 to the revised grade pay of Rs.4600/- on par with Inspectors CBDT/CBEC and Assistants. Needless to mention, para 7.6.14 was accepted by the Government of India as per Resolution No. 1/1/2008-I.C. dated 29.08.2008.

After much deliberations, Learned Bench decided the case in favour of respondent association vide decision dated 16.10.2015, after recording certain observations. In compliance thereto, Department considered issue of up gradation of Grade Pay of Inspector Posts afresh in consultation with Ministry of Finance, Department of Expenditure and pleased to grant Grade Pay 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. Accordingly orders for implementation has been issued vide OM No. 2-12/2013-PCC dated 24.10.2017.

Our Association is very much grateful to Secretary (Posts) and officers at Directorate for recommendation of upgradation of GP of 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 and issuance of orders thereof. At the same time, it is constrained to note that the orders are not being implemented in letter and spirit. Accounts line officials are misinterpreting the provisions, ignoring the importance/essence of the issue. Attempts are being made by them to de-link Grade Pay with Pre-revised scale, and leading to an anomalous situation once again. There appears no consensus amongst Accounts line officials all over the country. In order to bring uniformity in respect of pay fixation, a line of action/instructions are necessarily required from Directorate.  

It is imperative to cite relevant rules in this regard, a few of which are as under:

a)      It is pertinent to mention that Directorate vide letter no. 17-10/2008-Admn dated 21.04.2010 has fixed the pay of 28 Assistants in the revised pay structure of 7450-225-11500 corresponding to the Grade pay of Rs.4600/-. The said pay fixture is most relevant, similar and identical to the instant case.

b)      Revised Pay structure for the Grade Pay of Rs.4600 (PB-2) corresponding to the Pre-Revised scale i.e. 7450-225-11500 (S-13) as defined under Section I of Part-A of the First Schedule of the CCS (RP) Rules, 2008 annexed with notification under GSR 622 (E) dated 29.08.2008.

Revised Pay Structure
Earlier Pay Structure
Grade Pay
Name of Pay
Band / Scale
Corresponding Pay
Bands / Scales
/ Grade
Present Scale

c)       As per Note 2A under Rule 7 of CCS (RP) Rules 2008, where a post has  been upgraded as a result of recommendation of  the  Sixth  CPC  as indicated  in  Part  B  or  Part  C  of  the  First  Schedule  to  these  rules,  the fixation of pay in the applicable pay band will be done in the manner prescribed in accordance with clause  (A)  (i)  and  (ii)  of  Rule  7  by multiplying the existing basic  pay  as  on  01.01.2006  by  a  factor  of  1.86 and rounding the resultant figure  to  the  next  multiple  of  ten.  The  grade pay corresponding to the upgraded  scale  as indicated  in Column  6 of Part  B or C will be payable in addition. Illustration 4A in this regard is in the Explanatory memorandum to the rules. 

d)      Illustration  4A  under  Explanatory  Memorandum  in  the   Second Schedule of CCS(RP) Rules provides  fixation  of pay  on up gradation  of GP of  Rs.1900/-   to  the  GP  Rs.2000/-   with   benefit   of  bunching   in  the pre revised  scale  of  pay.  In   the instant case, GP of Rs.4200/- originally granted to IP was up graded to GP of Rs.4600/- as on 01.01.2006.

e)      In  the  Illustration  4A  of ibid  rules  as stated  in (b)  above,  under  Serial 7 of illustration, bunching benefit was prescribed.  The method of bunching has been explained below rule 7 A of CCS (RP) Rules 2008.

f)       As per Rule 5 of CCS(RP) Rules  2008,  option  provision  is available  for the   employees   between   those   promoted    or   whose   pay   have   been upgraded   to   a   higher   scale   on   or   after   01.01.2006   to   the date  of notification i.e. 29.08.2008.

g)      As per Rule 4 of CCS(RP) Rules 2008, Column 5 & 6 of Section I of Part A of THE FIRST SCHEDULE OF 6th CPC Gazette making REVISED PAY STRUCTURE as well as showing pay band and grade pay OR Pay scale, as applicable, of every post/grade.

f)       The IPs who have been promoted to ASP Cadre are entitled to earn increment and re-fixation as per FR 22 (a) on the date of promotion as the post of ASP carries higher duty & responsibilities as contained in OM No. 43-27/2007- PE II dated 30-08-2007, though ASP cadre has been left out with the same Grade Pay of Rs.4600/- as of IP.

In view the above rule provisions, Fitment Table to OM of MOF 1- 1/2008-IC dated 30.08.2008 relevant to the above was referred. The fitment table corresponding  to  pre  revised  scale of Rs.7450-225-11500  (S13) with Revised  PB+GP  of PB2 Rs.9300-34800+GP Rs.4600/-  is relevant for fixing the minimum pay of IPs as per Rule 7(A) (ii) of CCS (RP)  Rules 2008. This is applicable for those who are already in the IP Cadre before 01.01.2006 and for those who are promoted to IP cadre between 01.01.2006 to 28.08.2008 (i.e. the date of Gazette Notification of CCS (RP) Rules 2008). In respect of officials promoted after the notification of CCS (RP) Rules 2008, Rule 13 of CCS (RP) Rules is applicable.

Therefore, it is crystal clear that CCS (RP) Rules 2008 has inbuilt rule provisions to implement the orders of up-gradation of Grade Pay to IP cadre.

I would therefore humbly request your kind honour to issue suitable instructions/orders to all concerned to implement the orders of the Directorate based on the rules cited above & as per CCS (RP) Rules 2008 immediately.

Thanking you,

Yours faithfully,

(Vilas Ingale)
General Secretary 

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