Dear Friends,
It is really sad to intimate that Department of Expenditure, MOF has
rejected the demand for grade pay of Rs.4600 to Inspector (Posts) even after
the full justification given by Hon’ble CAT Ernakulam Bench in its order dated
18.10.2011 in OA No. 381/2010 and the good viable proposal submitted by DoP.
The official rejection letter is yet to be
received. However, as per information received from DoP under RTI, the
issue regarding grant of Grade Pay of Rs.4600/- to Inspector (Posts) was
examined and forwarded to Ministry of Finanace and the claim was
finally rejected under MOF, D/o Expenditure UO Note No.
6(7)/E.III(B)/2010 dated 24.08.2012.The note sheet of the relevant file
has also been received under RTI
from DoP.
2. As available in the note sheets (17/N), the DoP had sent
the following proposal with concurrence of IFW and approval of Secretary (Posts)
to Department of Expenditure, MOF:
“The
hierarchical difference i.e non-availability of intermediary cadre like
Assistant Superintendent Posts in CBDT/CBEC and CSS can be resolved by allowing
Grade Pay of Rs.4600 to Inspector Posts in Department of Posts (a GCS Group B
Non-Gazetted Post) and retaining its promotional cadre of Assistant
Superintendent Posts (a GCS Group B Gazetted Post) also in the identical Grade
Pay of Rs.4600. In the Accounts cadre, the cadre of Accounts Officer is in Grade
Pay of Rs.5400 in PB-2. Its promotional post of Senior Accounts Officer is in
Grade Pay of Rs.5400 in PB-3 & its further promotional post of ACAO also in
Grade Pay of Rs.5400 in PB-3. This would not thereby involve upgradation in
Grade Pays of Assistant Superintendent Posts and PS Group B.”
3. MOF has rejected the demand for Grade pay of Rs.4600 for
Inspector (Posts) without examining the above proposal, and stated the
following (written in red colour):
(I) There was no specific recommendation in para
7.6.14 to the effect that Inspector Post are granted Pre-revised pay scale of
Rs. 6500-10500.
(It seems that MOF has not gone through the para 26 of
Hon’ble CAT order dated 19.10.2011 in OA No. 381/2010, wherein the import of
the observation of the Pay Commission has been clearly mentioned. Moreover, as
mentioned in para 7.6.14 of 6th CPC report “…………With
this upgradation, Inspector (Posts) shall come to lie in an identical pay
as that of their promotional post of Assistant Superintendent (Posts) [ASPOs].
ASPOs shall, accordingly, be placed in the next higher pay scale of
Rs.7450-11500………….”)
(II) Inspectors in CBEC/CBDT were placed in the scale
of Rs.6500-10500 w.e.f 21.04.2004 i.e prior to 6th CPC by an
executive order of the Govt. keeping in view of their parity with Inspectors of
CBI/IB and court directions of CAT Jabalpur Bench. Further, Asstts. Of CSS have
also been granted the pay scale of Rs.6500-10500 w.e.f 15.09.2006 on the
basis of their traditional parity with Inspectors CBEC/CBDT. Further, it
was the conscious decision of the Govt. to keep Asstts. In CSS/Inspector and
analogous post in CBEC/CBDT in the higher pre-revised scale i.e Rs.7450-11500/-
considering their pre-revising relativities, hierarchical structure, mode of
recruitment etc. The mode of
recruitment was not the only criteria as contended by the applicants in the OA.
In various cases, Apex Court also opined that wholesale identity between two
groups would involve matters relating to nature of work, educational
qualification, mode of recruitment, experience etc.
(The details of
the basis for increase from Rs.5500-9000 to Rs.6500- 10500 for Inspectors
CBEC/CBDT w.e.f 21.04.2004 and for
Assistants in CSS w.e.f 15.09.2006 along with the note sheet of the relevant
file have been asked from MOF under RTI.
Also, Documents available for establishing the “Traditional Parity” /
wholesale identity between Inspectors CBEC/CBDT and Assistants in CSS have
asked. MOF Response is awaited. Further,
wholesale identity should be decided by the Expert body i.e Pay Commission. 5th
& 6th CPC had rightly did so for Inspector (Posts) and granted
equal pay scale/ grade pay to that of Inspectors CBDT/CBEC and Assistants in
CSS. Apex Court in the case of State of West Bengal v. West Bengal Minimum
Wages Inspectors Association, (2010) 5 SCC 225 wherein it has been stated as
under:-
"23. It is now well settled that
parity cannot be claimed merely on the basis that earlier the subject post and
the reference category posts were carrying the same scale of pay. In fact, one
of the functions of the Pay Commission is to identify the posts which deserve a
higher scale of pay than what was earlier being enjoyed with reference to their
duties and responsibilities, and extend such higher scale to those categories
of posts.")
(III) It is pertinent to mention here that the OM
dated 13.11.2009 and 16.11.2009 came into existence as a result of demand from
various quarters of Govt. seeking upgradation for pre-revised scale of
Rs.6500-10500 due to functional requirement. However, hierarchical
structure of Inspector Posts does not demand such functional requirement, as
post of ASP in the scale of Pay of Rs.9300-34800 GP of Rs.4600/- PB-2
corresponding to the pre-revised scale of Rs.7450-11500 still exists, even
after implementation of 6th CPC.
(Regarding the hierarchical differences, a viable
proposal was submitted by DoP wherein it was clearly mentioned that the
hierarchical difference i.e. non-availability of intermediary cadre like
Assistant Superintendent Posts in CBDT/CBEC and CSS can be resolved by allowing
Grade Pay of Rs.4600 to Inspector Posts in Department of Posts (a GCS Group B
Non-Gazetted Post) and retaining its promotional cadre of Assistant
Superintendent Posts (a GCS Group B Gazetted Post) also in the identical Grade
Pay of Rs.4600. The example of AO, Sr. AO & ACAO was also given in the
proposal. But, MOF overlooked the same.)
(IV) Since Inspector Post have come in the Pay Scale
of Rs.9300-3400 GP of Rs.4200/- PB-2 corresponding to pre-revised scale of
Rs.6500-10500, the hierarchical posts in their cadre i.e ASP and SP had to be
placed in the GP OF Rs.4600/- and Rs.4800/- respectively to maintain the
relativity in the cadre. Moreover, the scale of other similarly placed posts
i.e Asstt. Manager and Manager in mail Motor Service were also placed in the GP
of Rs.4600/- and Rs.4800/- respectively. In case the demand of Inspector Posts
for GP of Rs.4600/- is accepted, it will have cascading effect involving
huge financial implications. Also, the demand for upgradation from
similarly placed posts in Mail Motor Service etc. will arise immediately.
(In the proposal, it was clearly mentioned that this
would not involve upgradation in Grade Pays of Assistant Superintendent Posts
and PS Group B. Asst. Manager & Manager, Mail Motor Service are placed in
the Grade pay of Rs.4600 & Rs.4800 respectively. Hence the imagination of
MOF that In case the demand of Inspector Posts for GP of Rs.4600/- is accepted,
the demand for upgradation from similarly placed posts in Mail Motor Service
etc. will arise immediately, is hypothetical. Further, while submitting the
proposal, DoP had given the figures for financial implications and for
Inspector (posts), it is Rs. 1.01 crores only. Hence the ground that in case
the demand of Inspector Posts for GP of Rs.4600/- is accepted, it will have
cascading effect involving huge financial implications, does not hold any
ground.)
(V) The duties and responsibilities assigned to
Assistant of CSS and Inspector, CBDT/CBEC are quite different from Inspector
(Posts). There is no comparison between Assistants CSS & Inspector
CBDT/CBEC and Inspector (Posts). They are performing different duties in their
respective cadres.
(As a matter of fact, the duties and responsibilities
assigned to different cadres in different Department / Ministries will be
different and after comparison only, specific pay scale/grade pay is given to
particular cadres by the expert bodies i.e Pay Commission. The details
regarding comparison of “Duties & Responsibilities” of Inspectors CBDT/CBEC
and Inspector (Posts) have been asked from MOF under RTI.
Further, Para
30 of CAT Ernakulam Bench Order dated 19.10.2011 in OA No. 381/10 reproduced
below:
“This Tribunal need not have to labour
more to arrive at the finding that the functional responsibilities of the
Inspector (Posts) are certainly onerous and evidently, it is on the basis of
adequate justification that the successive Pay Commissions have appreciated the
need to revise the pay scale of Inspector (Posts).”
4. It is very much clear from the
grounds given by MOF that they were pre-determined not to allow Grade Pay of
Rs.4600 to Inspector Posts in any case and they simply overlooked the full
justification given by the Hon’ble CAT Ernakulam Bench and also the good viable
proposal given by DoP. It can also be seen that the matter was disposed first
time at the level of Jt. Secretary even after the clear instruction from
Hon’ble CAT to re-look in the matter at the level of Secretary. It is also evident form the notings of the
DoP at 28/N, which is reproduced below:
“Views
taken by Ministry of Finance, Department of Expenditure contains neither any
details of examination of the proposal made by this Department on 17/N nor
reasoning based on which the proposal was admitted/rejected.”
5. Accordingly the file was re-referred to the Department of
Expenditure, MOF. However, Department of Expenditure, MOF returned the file
stating that:
“The matter has been examined in this Deptt. and AM is advised to issue a reasoned speaking order rejecting the claim of the applicants on the grounds indicated in U.O note dated 28.05.2012.
“The matter has been examined in this Deptt. and AM is advised to issue a reasoned speaking order rejecting the claim of the applicants on the grounds indicated in U.O note dated 28.05.2012.
This
issues with the approval of Finance (Secretary).”
6. Our
case for upgradation of Grade pay of Inspector (Posts) to Rs.4600 under OA No.
381/2010, had already been considered by Hon’ble CAT Ernakulam Bench within the parameters prescribed by the Apex Court in respect of the powers of the Tribunal in dealing with the fixation
of Pay scale and had viewd that :
(a) The decision of the Ministry of Finance does not
appear to have taken into account the clear recommendation of the Sixth Pay
Commission nor for that matter the full justifications given by the Department
of Posts.
(b) The
Tribunal is of the considered view that there is no justification in denying
the Inspector (Posts) the higher Grade Pay of Rs 4600 when the same is
admissible to Inspectors of other Departments with whom parity has been established
by the very Sixth Pay Commission vide its report at para 7.6.14 extracted
above. The Ministry of Finance has to have a re-look in the matter
dispassionately at the level of Secretary keeping in view the aforesaid
discussion.
7. From
the documents received under RTI, the rejection of our demand of Grade pay of
Rs.4600 for Inspector (Posts) has been disclosed. However, we may wait for the
official rejection letter. Further, we wish to move to High Court at the
earliest, to get Justice.
Views
and comments are requested, so that we may move further.
Thanks.
Permanand
Source : Postal Inspectors Blog For Grade Pay Hike
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