To
Sh. A.N.Nanda,
The Secretary (Post)
Department
of Post
Dak Bhawan, Sansad Marg
New Delhi-100001
No.
CHQ/POA/1-23/2017-18
Dated 15.02.18
Sub: Fixture of pay of Group ‘B’ officers w.e.f.
1-1-2006 while issuing orders for placing IPs in GP of Rs. 4600/- .
Respected Sir,
Association wishes to bring to your kind notice the following provisions
requiring in-depth analysis, while deciding the pay fixture of IPs in the GP OF
Rs. 4600/- w.e.f 1-1-2006. It is hoped that these would certainly find in line
and would be taken into consideration before arriving at a just and favourable
decision.
Consequent upon
grant of GP of Rs. 4600/- to IPs w.e.f 1-1-2006 having equivalent replacement
of the 5th pay commission, scale of 7450-225-11500 will certainly
create anomalies in the hierarchy that needs to be looked into on priority at
each stage of chain in command. Keeping ASPs at the same GP of Rs.4600/- that
has not even enjoyed by ASPs before implementation of 6th pay
commission particularly being fixture of pay without any bunching or addition
of increment is arbitrary, discriminatory and against equality. Under 5th
pay commission the ASPs were in the pay scale of 6500-10500 and were given
replacement higher scale of 7450-225-11500 without any bunching or increment. Since
the ASPs have been placed in identical scale so as provided in MOF OM No.
10/2/2011.E.III/A dated 7-1-2013(copy enclosed), the fixation of pay on
promotion from one post to another where promotional post carries the same GP
as the feeder post, in such cases fixture of pay will be done in the manner as
prescribed in Rule 13 (i) of CCS (RP) rules 2008. Apparently ASPs are also eligible for fixture
of pay w.e.f 1-1-2006 in the identical scale for two different cadres after
giving benefit of bunching.
Furthermore, since
ASPs and IPs have been placed in the same scale so provision for grant of MACP
will have to be redefined when ASPs will get GP of Rs.4800/- under MACP on
completion of 10 years of service in revised GP of Rs. 4600/-. Thereafter the
question for grant of Grade Pay of Rs, 5,400/- in PB-2 on non – functional
basis after 4 years of regular service in the grade pay of Rs.4,800/- in PB-2”
will arise. In this contest 1st schedule of CCS (RP) Rules,
2008 as mentioned in Rule 3 & 4 above, pay band & grade pay on the pay
scale as applicable for every post/grade shall be specified. Para 7.6.14 of the
report of Pay commission would make it clear that a Group “B” officer in PB-2
with a Grade pay of Rs. 4800/- will get the Grade Pay of Rs. 5400/- after
completing 4 years of regular service on non – functional basis. The
enhancement of grade pay is not dependent on the post, but on regular service
of 4 years in Grade Pay of Rs. 4,800/- in PB-2 (Rs.7,500- 12000 pre-revised).
In this context, it
is pertinent to mention here that as per GOI resolution 1/1/2008 IC dated
29.8.08 does not make a categorization within Group B cadres viz ASP/ Supdt. in
Departments of Post for the purpose of grant of Grade Pay of Rs 5400/- as both
cadre are in Group B and enjoying gazetted status. In terms of
MACP scheme notified by the DoPT vide OM No 35034/1/97-
Estt(D) dated 9.8.1999, the financial up-gradation under the scheme
should be granted to the pay scale of the next hierarchical cadre.
Similar matter had
come up for decision before the Hon’ble Central Administrative Tribunal Madras
Bench. The said tribunal had ruled in favour of the employee to the effect
that if an officer has completed 4 years on 01.01.2006 or earlier, he will
be given the non-functional upgradation with effect from 01.01.2006. The said
decision was challenged by the revenue department before Hon’ble High court of
Madras. The challenge made by the department had been rejected by the said
court meaning thereby the CAT orders stood affirmed. The judgement passed by
the Hon’ble High court of Madras was also challenged before the Hon’ble Supreme
Court of India and challenge so made stood rejected even by the Hon’ble Apex
court. As such orders passed by CAT bench become applicable to all similar
placed officers being the SLP rejected by Hon’ble Apex court so should be
applicable to the officer of DOP also.
It is pertinent to
mention here that in similar placed applicant other benches of CAT upheld the
decision of Hon’ble High Court of Madras and passed orders” Considering the
reasoning given by the Hon’ble Madras High Court, we declare the action of the
respondents in not granting the grade pay of Rs.5400/- to the applicants on
completion of four years service in grade pay of Rs.4800 as illegal and
unjustified”.
Recently Ministry
of Information and Broadcasting vide letter no F. No.515/63/2016-BA(E) after
having approval of Department of Expenditure, MOF as conveyed vide UO NO.
22(4)/E.III.B dated 10.11.2017 extended benefit of Grade pay of Rs. 5400/- in
PB-II on non functional basis after 4 years of regular service in the grade pay
of Rs.4800/- in PB-II to all similar placed officers in their department (copy
enclosed). Whereas, Group B officer of DOP are more analogous than AEs of Ministry
of Information Broadcasting as in Government of India’s Resolution
No. M.F No. 1/1/2008-1C, Dt. 29.08.2008, clause (x) (e),“Group-B
officers of Departments of Posts, Revenue, etc. is clearly spelled out.
In the light of above submissions, it is most
humbly prayed that pay of the all Group B officers may kindly be ordered to re-fix
w.e.f 1-1-2006 keeping in view the above averments along with grant of non functional
Grade Pay of 5400/- to all Group B officers effective from the date they have completed
4 years regular service in Grade Pay of 4800/-. This will meet the end of
justice.
With profound regards.
Yours faithfully
(R N YADAV)
GENERAL SECRETARY
Postal Officer Association
No comments:
Post a Comment