Friday, November 10, 2017

Letter to Secretary (Posts) 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.

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)

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