No. CHQ/AIAPASP/Upgradation/GP/2017 dated : 18/12/2017
To,
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
|
|||
Corresponding
Grade Pay
|
Name of Pay
Band / Scale
|
Corresponding Pay
Bands / Scales
|
Post
/ Grade
|
Present Scale
|
4600/-
|
PB-2
|
9300-34800
|
S-13
|
7450-225-11500
|
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,
Sd/-
(Vilas
Ingale)
General
Secretary
No comments:
Post a Comment