Good News regarding upgradation of Grade pay of Inspector Posts w.e.f 01.01.2006

Dear Friends,

Finally, the day has come for which this blog was created I.e upgradation of Grade Pay of Inspector Posts w.e.f 01.01.2006.

Today, with the approval of Department of Expenditure, Ministry of Finance,the Grade Pay of Inspector Posts has been upgraded to Rs.4600 w.e.f 01.01.2006.

This is in compliance to Hon'blele CAT Ernakulam judgement in our OA 289/2013.

Thanks for all your continuous support and cooperation.

Regards,
Parmanand Kumar.

Development in our Contempt Petition filed at CAT Ernakulam regarding upgradation of Grade Pay of Inspector Posts w.e.f 01.01.2006.

Dear friends,

Our contempt petition filed at CAT Ernakulam regarding upgradation of Grade Pay of Inspector Posts w.e.f 01.01.2006, heard on 25.09.2017.
After hearing the case, Hon'ble Tribunal has rejected all the three affidavit filed on behalf of the Respondent and directed the Respondent i.e Secretary, Dept. of Expenditure, MoF, to file fresh affidavit within 30 days complying the Tribunal Order. Copy of the order/record of proceedings of the Hon'ble Tribunal is to be received. After receipt of the same, the complete details will be shared.

 We may hope for the best. Thanks for all your support and cooperation.

Thanks.
Permanand.

Update of our Contempt case related to upgradation of GP of Inspector Posts w.e.f 01.01.2006

Dear Friends,

Department of Posts has filed an additional affidavit on 09.03.2017 in the contempt petition  filed  by us against Secretary, Department of expenditure, Ministry of Finance (Respondent 1 of OA) re-iterating the same points which were mentioned in the affidavit dated 02.01.2017, filed by Ministry of Finance,  without any new facts.These points have already been countered by us in our reply affidavit.

The pray in the OA was to upgrade the grade pay of Inspector Posts from Rs.4200 to Rs.4600 w.e.f 01.01.2006 as the same was given to Inspector CBDT/CBEC vide OM dated 13.11.2009. Hence, the attempt of Ministry of Finance  to evade the responsibility of Contempt on the basis of cabinet resolution accepting the 7th CPC recommendations including upgradation of grade pay of Inspector Posts from Rs.4200 to Rs.4600 w.e.f 01.01.2016, is not justified.  

The case is next  posted on 29.03.2017. We may hope for the best.

Regards,
Permanand.

Reply filed by MoF in our Contempt Petition regarding upgradation of Grade Pay of Inspector Posts w.e.f 01.01.2006

Dear friends,

The reply has  been filed yesterday by the Ministry of Finance in our Contempt Petition bearing No.C.P/180/137/2016 filed before Hon'ble CAT Ernakulam Bench in OA No. 289/2013 regarding upgradation of Grade Pay of Inspector Posts w.e.f 01.01.2006. 

Two weeks time has been granted for us for filing our response on the reply filed by MoF. 

Thanks.
Permanand.

Status of our Contempt Petition regarding upgradation of Grade Pay of Inspector Posts w.e.f 01.01.2006

Dear friends,

As ascertained from our counsel, reply has not been filed so far by the Secretary, DoE, Ministry of Finance in our Contempt Petition bearing No.C.P/180/137/2016 filed before Hon'ble CAT Ernakulam Bench in OA No. 289/2013 regarding upgradation of Grade Pay of Inspector Posts w.e.f 01.01.2006. The case was heard today. As asked by Respondent, Two Weeks time has been granted by Hon'ble CAT for filing the reply.

Thanks.
Permanand.

Hearing of our Contempt Petition regarding upgradation of Grade Pay of Inspector Posts w.e.f 01.01.2006

Dear friends,

Our Contempt Petition bearing No.C.P/180/137/2016 filed before Hon'ble CAT Ernakulam Bench in OA No. 289/2013 regarding upgradation of Grade Pay of Inspector Posts w.e.f 01.01.2006, was heard on 28.11.2016.

On the basis of request received from respondent side, further time of THREE WEEKS has been granted by the Hon'ble CAT for filing the reply.

Thanks.
Permanand.

Development in our Contempt Petition regarding upgradation of Grade Pay of Inspector Posts w.e.f 01.01.2006

Dear friends,

As ascertained from our counsel, our Contempt Petition bearing No.C.P/180/137/2016 filed before Hon'ble CAT Ernakulam Bench in OA No. 289/2013 regarding upgradation of Grade Pay of Inspector Posts w.e.f 01.01.2006, was listed on 07.11.2016.

Since, reply has  still not been filed by the Secretary, DoE, Ministry of Finance, further Two weeks time has been granted for filing the reply.


Thanks.
Permanand.

Status of our Contempt Petition regarding upgradation of Grade Pay of Inspector Posts w.e.f 01.01.2006

Dear friends,

As ascertained from our counsel, reply has not been filed so far by the Secretary, DoE, Ministry of Finance in our Contempt Petition bearing No.C.P/180/137/2016 filed before Hon'ble CAT Ernakulam Bench in OA No. 289/2013 regarding upgradation of Grade Pay of Inspector Posts w.e.f 01.01.2006.

However, as informed, our Petition will be listed shortly.

Thanks.
Permanand.

Development in our Contempt Petition regarding upgradation of Grade Pay of Inspector Posts w.e.f 01.01.2006

Dear friends,

Our Contempt Petition bearing No.C.P/180/137/2016 filed before Hon'ble CAT Ernakulam Bench regarding upgradation of Grade Pay of Inspector Posts w.e.f 01.01.2006, has been heard today and Two Weeks time has been given to the respondent for submitting the response.

Thanks.
Permanand.

Listing of our Contempt Petition before Hon'ble CAT Ernakulam Bench

Dear friends,

Our Contempt Petition bearing No.C.P/180/137/2016 regarding upgradation of Grade Pay of Inspector Posts w.e.f 01.01.2006, has been listed for tomorrow in Court No. 1 of Hon'ble CAT Ernakulam Bench.

Thanks.
Permanand.

Contempt Petition filed regarding up gradation of Grade Pay of Inspector Posts w.e.f 01.01.2006

Dear Friends,

The Contempt Petition regarding up gradation of Grade Pay of Inspector Posts w.e.f 01.01.2006, has been filed yesterday before Hon'ble CAT, Ernakulam Bench in OA No. 289/2013. The case is expected to be listed in one or two days.

Regrads,

Permanand Kumar.

Funds regarding filing Contempt

Dear friends,

Association agreed to arrange the amount to be paid to the counsel without any delay. Hence, there is NO need of individual contribution as requested by me earlier.

Thanks.

Permanand.

Filing of Contempt regarding inaction by MoF for upgradation of Grade Pay of Inspector Posts w.e.f 01.01.2006, before the Hon’ble CAT Ernakulam in OA No. 289/2013

Dear friends,

Ministry of Finance has not taken any action so far for upgradation of Grade Pay of Inspector Posts w.e.f 01.01.2006, even after the specific order by Hon’ble CAT in OA No. 289/2013 vide judgment dated 16.10.2015.

Now, we have no other option but to file contempt case against the inaction by MoF. The matter has been discussed with the counsel and he asked for an amount of Rs.50,0000 (Rupees Fifty thousand) for contempt case.  Draft for filing contempt will be ready shortly.

We are planning to file the contempt before the Hon’ble CAT within a week.

In view of the above, it is requested to deposit an amount of Rs.500/- (Rupees five hundred only) to the SB account, being opened for this purpose at Sansad Marg HO, New Delhi.  The details of the Account will be given today afternoon.

Note :    I.      The request for deposit the money is only for those who are willing to contribute.

   II.      In case, the Association pays the money being given to the counsel, the amount will be refunded to individuals in their accounts.

Thanks,

Permanand.

Half the battle WON regarding upgradaton of Grade Pay of Inspector Posts from Rs.4200 to Rs.4600

Dear friends,

First of all thanks for your support and cooperation regarding our fight for upgradaton of Grade Pay of Inspector Posts from Rs.4200 to Rs.4600. With all your support, this blog was created in November, 2008 just after the upgradation of Grade Pay of Inspector CBDT/CBEC. Initially, OA No.381/2010 and subsequently, OA No.289/2013  were filed before CAT Ernakulam Bench with all your guidance  and support. 

We already have moved ahead from the days of strong opposition by our own Association against creation of this blog & filing of 1^st CAT case and there is no meaning of discussing all those things now.

After long fight, our demand for upgradaton of Grade Pay of Inspector Posts from Rs.4200 to Rs.4600 has been accepted by the Government and the same has been notified in the Central Civil Services (Revised Pay) Rules, 2016 issued by Ministry of Finance. Hence, reasonableness of our demand has been certified by the Government as well.

However, only half of the battle is won and our fight will continue in view of the fact that this upgradation of Grade Pay of Inspector Posts from Rs.4200 to Rs.4600 has been given w.e.f 01.01.2016. For getting the benefit of this upgradation from 01.01.2006, our case is pending at Ministry of Finance. The concerned case file has already been forwarded by Department of Posts to Department of Expenditure, Ministry of Finance. We are trying to apprise the matter to our Hon’ble MoS for Finance with in 4-5 days and hopefully next week we will be in a position to update further in this blog.

Hoping for your cooperation till the end of our fight for getting the benefit of this upgradation from 01.01.2006.

Thanks.

Permanand.

Judgement copy received from CAT Ernakulam in our OA No.289/2013

Dear friends,

Judgment copy has been received regarding Grade Pay of Inspector Posts, which is shared below:

Thanks.

Permanand.

Update of our CAT Case No. 289/13 regarding Grade Pay of Inspector Posts

Dear Friends,

As ascertained from the counsel, our case No. 289/13 at CAT Ernakulam, regarding Grade Pay of Inspector Posts has been posted for 21st July, 2015 for hearing.

Thanks.

Permanand.

Update on our case 289/13 posted on 4th September'2013 at CAT Ernakulam

Dear Friends,

As you may be aware that our case 289/13 is posted on 04.09.2013 for argument. A brief note has been drafted for argument purpose. Kindly suggest if any other points are to be added. The same will be communicated to our counsel. Point wise our response is as follows:

Points raised by the Respondents in the Reply Statement

1.         There is no specific recommendation in para 7.6.14 to the effect that Inspector Posts are granted Pre-revised pay scale of Rs.6500-10500.

Our Response :

6^th CPC in its recommendation vide para 7.6.14 has mentioned that :

“…………………… With this upgradation, Inspector Posts shall come to lie in an identical pay scale 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………………..”

            Moreover, the recommendation in para 7.6.14 was also clearly explained by the Hon’ble CAT Ernakulam Bench in its order dated 19^th October’2011, allowing OA No.381/2010 vide para  26 & 32. Some of the extracts are reproduced below:

            “…………. The import of the observation of the Pay Commission is that the Pay Commission was very much interested to ensure pay parity of Inspector (Posts) with Assistants of CSS and Inspector and analogous posts in CBDT and CBEC………..”

            “………….Thus, when the Pay Commission opined that by virtue of merger of the Pay Scales of Rs.5500-9000 and Rs.6500-10500, the same would “automatically bring Inspector (Posts) on par with Assistants in CSS/ Inspector and analogous posts in CBDT and CBEC, what it meant was that from hence, Inspector (Posts) would sail in the same boat as his counterparts in the Income Tax Department or Central Excise or Customs Department or for the matter the Assistants in the CSS.”

            “………….The difference in the Grade Pay is not one created by the Pay Commission but the same is due to the fact that as late as in 2009, it is the Government of India which had raised the Grade Pay of the Pay Scale Rs.6500 – 10500 that existed as on 01.01.2006 vide order dated 13.11.2009 ………………………”

            “………… In fact had the above enhancement in the Grade Pay been recommended by the Pay Commission, it would not have omitted to consider such an increase in the Grade Pay of Inspector (Posts) as well……………………………………”

            The Hon’ble Tribunal further held that there is no justification in denying the Inspector (Posts) the higher Grade Pay of Rs.4600, when the same is made admissible to Inspector of other Departments with whom parity has been established by the Sixth Pay Commission as per its report at para 7.6.14.

2.         There is a “Taditional Parity” & Wholesale Identity between Inspectors CBEC/CBDT and Assistant of CSS. There is no comparison between Assistant CSS & Inspector CBEC/CBDT and Inspector Posts, as they are performing different duties.

Our Response :

            ‘Wholesale Identity’ between two groups would involve matters relating to Nature of work, Educational Qualification, Mode of Appointment, Experience etc. It is a fact that there is no difference in educational qualification, mode of Appointment or experience between the Inspector of Posts under the Department of Posts and those Inspectors and analogous post in CBDT/CBEC  & Assistants in CSS.

            Hon’ble CAT Ernakulam Bench in para 28,& 29 of its order dated 19^th October’2011 elaborately explained the Roles & Responsibilities of Inspector (Posts) and admitted in para 30 of its order that:

            “ This Tribunal need not have to labour more to arrive at the findings that the functional responsibilities of Inspector (Posts) are certainly onerous and evidently, it is on the basis of adequate justification that successive Pay Commissions have appreciated the need to revise the Pay Scale of Inspector (Posts).”

            Also, once the Pay Commission have identified the posts for a particular higher scale of Pay with reference to their duties and responsibilities, it is not permissible to differentiate those categories by the Respondents in the matter of granting the higher Grade.

            Moreover, when the Department of Expenditure, Ministry of Finance was asked to provide the documents available for establishing the “Taditional Parity” / Wholesale Identity between Inspectors CBEC/CBDT and Assistants in CSS, under Right to Information, it was replied that the information sought is not available in material form and is clarificatory in nature, it doesn’t come under the ambit of RTI Act’2005. Copy of the same enclosed with the OA as Annexure-23.

            Further, it is also a fact that Pay Scale of Inspector CBDT/CBEC was increased from Rs.5500-9900 to Rs.6500-10500 in April’2004, whereas the same benefit was extended to Assistant in CSS only from 15^th Sept’2006.

           

3.         There is hierarchical difference due to presence of post of Asst. Superintendent in the Grade Pay of Rs.4600/-, in the Department of Posts.

Our Response :

            It is a fact that there is a Post of ASPOs in Department of Posts. However, the parity made and recommended by the expert body namely, the Pay Commission and accepted by the Government cannot be denied under any pretext.

            Also, It is worthy to mention that 6^th Central Pay Commission in Para 3.1.3 had recommended absolute parity in terms of hierarchical structure of office staff in field and Secretariat offices up to the level of Assistants and this recommendation was accepted by the Government. The above factual aspects were considered while issuing OM F.No.1/1/2008-IC dated 16.11.2009 as indicated in paragraph 4 of Annexure A-10.

            Moreover, in Annexure A-20 recommendation, it has been clearly pointed out by the Department of Posts that the hierarchical difference i.e absence of intermediary cadre like ASPOs in CBDT/CBEC and CSS, can be resolved by allowing Grade Pay of Rs.4600/- to Inspector Posts and retaining its promotional cadre of Assistant Superintendent of Posts also in the identical Grade Pay of Rs.4600/- similar as in the Accounts Cadre of Department of Posts and in other Ministries / Departments. This may be accepted as workable solution. For the fixation of Pay on promotion from one post to another where the promotional post carries the same grade pay as that of feeder post, Ministry of Finance already issued an OM No. 10/02/2011-EIII/A dated 07.01.2013 (Annexure-A 24).

4.         In case the demand of Inspector posts for the Grade Pay of Rs.4600/- is accepted, it will have cascading effect involving huge financial implications. Also, the demand for upgradation from similarly placed in Mail Motor Service etc will arise immediately.

Our Response :

            The apprehension of the Respondents regarding cascading effect is only hypothetical and not based on any facts.  The Asst. Manager and Manager, Mail Motor Service in Department of Posts are already in the Grade of Rs.4600/- & Rs.4800/- respectively, hence placing Inspector Posts in the Grade Pay of Rs.4600/- equal to their promotional post of Assistant Superintendent of Posts will not have any cascading effect either within the Department or outside the Department.

Further, the Financial implications were calculated as Rs.1.82 crores only by the Integrated Finance Wing of the Department of Posts and after approval of the Secretary (Posts), it was communicated to Department of Expenditure, Ministry of Finance along with its proposal (Annexure A-20) to allow Grade Pay of Rs.4600/- to Inspector Posts, retaining its promotional cadre of Assistant Superintendent of Posts also in the identical Grade Pay of Rs.4600/-. 

 Additional points, to be raised during argument may  be communicated to the email ID ipgp4600@gmail.com at the earliest.

Thanks,

Permanand.

Update of our CAT Case OA No.289/13

Dear Friends,

 Our case (OA No.289/13) has been admitted by the Hon'ble CAT Ernakulam Bench. Four weeks time has been given to the respondents for filing their reply and two weeks for our rejoinder, if any. The case stands posted for 10.06.2013.

Thanks.

Permanand.

Case for Grade pay upgradation for Inspector Posts filed at CAT Ernakulam Bench

Dear Friends,

    Our case (OA No. 289/13) for Grade pay upgradation for Inspector Posts has been filed at CAT Ernakulam Bench. The case is listed for 05.04.2013 (tomorrow) at Sl. No.1. in the Division  Bench consisting of Hon'ble Dr. K.B.S Rajan (Judicial Member) and Hon'ble Ms. K.Noorjehan (administrative member). In our case, Sh. Vilas Ingale, GS AIAIP & ASP, Sh. Niranjan Kumar, ASP BD (Adhoc), RO Calicut and myself are the applicants.

     We should appreciate the efforts and cooperation by  Sh. Vilas Ingale, GS AIAIP & ASP, Sh. Ajit Kurian, Circle Secretary AIAIP & ASP Kerala Circle, Sh. P.Ajit , ASP, Postal Directorate, Sh. Anto Manalil, ASP CSD, Kerala Circle and all members who have supported the case.

   As discussed with the counsel, our case is expected to be  finalized by around three months period. Let us hope for the best.

Thanks.

Permanand.

Garde Pay of Inspector Posts - Further action for Justice

Dear friends,

             The official rejection letter of the proposal for upgradation of Grade  Pay is yet to be received from the Department. However, the case has been discussed with our counsel at Ernakulam. As suggested by him, we have to challenge the rejection of Grade Pay hike by MOF before the Hon’ble CAT. As informed by the counsel, since the judgment in the earlier OA 381/2010 had been delivered by the Ernakulam Bench itself and arguments in detail was also held last time,  we may expect the final order in our case within four months of filing the OA.

2.            We have received the information from DoP under RTI along with the copy of the note sheet. As per the information received, the issue regarding grant of Grade Pay of Rs.4600/- to Inspector (Posts) was examined by DoP 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. Hence, we will not wait for the official rejection letter.  However, some of the documents have been asked from MOF under RTI on the basis of remarks noted by  them on the  DoP file. So, we are planning to challenge the rejection of Grade Pay hike by MOF before the Hon’ble CAT Ernakulam Bench by the end of this month or maximum by first half of November’2012.

3.            We have shared the available documents with our counsel and discussed the case over phone. Further, Sh. Anto ASP, RO Ernakulam visited the counsel office at Ernakulam. Cooperation by Sh. Ajit Kurian, Circle Secretary, Kerala Circle and Sh. Anto is very much appreciated. As per the discussion held with the counsel, All India Association of Inspectors & ASPOs may become a party in this case, if they desire so.  The cost of this case is expected 1 - 1.2 lakhs.  If the Association wishes to finance for the case, they may do so. Otherwise, plan for collection of fund will be informed in the blog later on. Decision in this regard by the Association may be taken in the CWC meeting scheduled to be held on 12^th & 13^th October’2012. Our GS has already been requested through email as I am not in a position to attend the CWC meeting due to some unavoidable reason.

4.            RTI Information received from DoP has already been shared.  Following information have been asked last month  under RTI from Department of Extpenditure, MOF:

a)    What was the basis of evaluation by the 6^th Central Pay Commission (CPC) for granting common pay scale/grade pay for the cadres in Grade pay of Rs.4200 & Rs.4600. The comparative Analysis report / Evaluation sheet of 6^th CPC for all cadres in Grade pay Rs. 4200 & Rs.4600 may please be provided.

b)    The details of the basis for increase in pay scale of Inspectors CBEC/CBDT from Rs.5500-9000 to Rs.6500-10500 w.e.f  21.04.2004 along with the note sheet of the relevant file may please be provided.

c)   The details of the basis for increase in pay scale of Assistants in CSS from Rs.5500-9000 to Rs.6500-10500 w.e.f  15.09.2006 along with the note sheet of the relevant file may please be provided.

d)  Documents available for establishing the “Traditional Parity” / wholesale identity between Inspectors CBEC/CBDT and Assistants in CSS may please be supplied. 

e)     What was the basis of job evaluation carried out by the 5^thCPC & 6^thCPC for Inspector (Posts) and granting equal pay scale/Grade pay to Inspector (Posts) and Inspectors CBDT/CBEC & Assistants in CSS ? The copy of the related documents may please be supplied.

 

f)       The details regarding comparison of “Duties & Responsibilities” of Inspectors CBDT/CBEC and Inspector (Posts) may please be provided. Whether, on the basis of that comparison, the Inspectors CBDT/CBEC and Inspector (Posts) may be placed in the same pay scale/grade pay? If not, the details of the reasons may also be furnished.

g)      The details of the feeder cadres and their promotional cadres carrying the same grade Pay, under all Ministries /Department of the central Government, may please be provided. The policy adopted at the time of promotion to a post carrying the same Grade Pay may also be intimated. 

h)      The details of the action taken till date on the order of the Hon’ble CAT Ernakulam Bench dated 19.10.2011 in OA No.381/2010 (wherein Secretary, Ministry of Finance was the first respondent)  regarding upgradation of grade pay of Inspector Posts from Rs.4200 to Rs.4600 may please be provided. Copy of the note sheets of the relevant file of the Department of Expenditure may also be provided.”

5.            Your valuable comments are invited. Further, more & more information, useful for our case may be asked from Department Of Expenditure under RTI and shared.

Thanks.

Permanand.   

Sad News…. Demand for Grade pay of Rs.4600 for Inspector (Posts) rejected by MOF………Ready for further legal battle

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 6^th 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 6^th 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 been asked. MOF Response is awaited.  Further, wholesale identity should be decided by the Expert body i.e Pay Commission. 5^th & 6^th 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 6^th 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.

      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

Judgement in our Grade Pay case OA No.381/2010

Dear Friends, 

 The judgment in our Grade Pay case OA No.381/2010 has been published and is available on the CAT website with the following link    

     http://judis.nic.in/judis_cat/CaseNo_Cat_Result.aspx

  

  In the judgement, the Hon'ble CAT has categorically stated in the second last  para  No.33 that 

    ".....the case has been considered and 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........"

Extract of some paras of the judgement are reproduced below:

Para 26.    From the perusal of the Recommendations of the Pay Commissions it could be easily discerned that the Pay Commissions have suggested certain measures relating to introduction of element of direct recruitment which was conspicuously absent earlier and without which comparison with the Inspectors in other Departments/Ministries could not be made. Once direct recruitment has been introduced, it was to the full satisfaction of the Pay Commission, which had in fact commented, "The Commission is recommending the merger of pre-revised pay scales of Rs 5500 - 9000 and Rs 6500 - 10500 which will automatically bring Inspector (Posts) on par with Assistants in CSS/Inspectors and analogous Posts in CBDT and CBEC."

The import of this observation of the Pay Commission is that the Pay Commission was very much interested to ensure pay parity of Inspector (Post) with Assistants of CSS and Inspectors and analogous posts in CBDT and CBEC. This recommendation of the Pay Commission is in tune with the observations of the 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."

Para 27.    When the question of pay scale parity is examined, as stated by the Apex court, the Court has to make analysis in respect of factors like the source and mode of recruitment/appointment, qualifications, the nature of work, the value thereof, responsibilities, reliability, experience, confidentiality, functional need, etc.    Viewed from this point, first as to the mode of recruitment. As stated earlier, it was at the recommendations of the Fourth Pay Commission, element of Direct Recruitment had been introduced and in fact there has been common examination in respect of inspectors in various departments, including Inspector (Posts). In fact, the statistics furnished by the applicants vide Annexure A-14 which has been rightly highlighted by the Senior Counsel at the time of hearing, would reflect that the cut off marks in respect of Inspector (Posts) is more than the cut of marks of Inspector (Central Excise). Thus, this requirement is fully met with.

Para 30.    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).

Para 31.    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.

Para 32.    Thus, when the Pay Commission opined that by virtue of merger of the pays scales of Rs 5500 - 9000 and Rs 6500 - 10500, the same would "automatically bring  Inspector  (Posts)    on  par  with   Assistants  in CSS/Inspectors and analogous posts in CBDT and CBEC, what it meant was that from hence, Inspector (Posts) would sail in the same boat as his counterparts in the Income Tax Department or Central Excise or Customs Department or for that matter the Assistants in the CSS. "The difference in the grade pay is not one created by the Pay Commission but the same is due to the fact that as late as in 2009, it is the Government of India which had raised the grade pay of the pay scale 6500 - 10500 that existed as on 01-01-2006 vide order dated 13-11-2009,       whereby posts which were in the pre-revised scale of Rs 6,500 - 10,500 as on 01-01-2006 and which were granted the normal replacement pay structure of grade pay of Rs 4,200/- in the pay band PB 2 will be granted grade pay of Rs 4600 in the pay band PB 2 corresponding to the pre-revised pay scale of Rs 7450-11500 w/e/f/ 01-01-2006. And, if a post already existed in the pre-revised scale of Rs 7450-11500, the posts being upgraded from the scale of Rs 6500 - 10500 should be merged with the post in the scale of Rs 7450 - 11500/-. In fact had the above enhancement in the grade pay been recommended by the Pay Commission, it would not have omitted to consider such an increase in the grade pay of Inspector (Posts) as well.

Para 33:   Thus, within the parameters prescribed by the Apex Court in respect of the powers of the Tribunal in dealing with the fixation of Pay scale the case has been considered and 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 Department of Post also equally recommends the same and as such, at appropriate level, the Ministry of Finance has to have a re-look in the matter dispassionately and keeping in view the aforesaid discussion. The ASPOs, as a result can be granted a grade pay of Rs.4800/- and the Superintendents grade pay of Rs.5400, as in the case of Superintendents of Central Excise & Customs.

Para 34.     In view of the above, the OA is allowed to the extent that keeping in tune with the observations of the Sixth Pay Commission, coupled with the strong recommendations of the Department of Post and also in the light of our discussion as above, first respondent, i.e. the Ministry of Finance shall have a re-look in the matter at the level of Secretary and consider the case of the Inspector (Posts) for upgradation of their grade pay at par with that of the Inspector of income tax, of CBDT and CBEC. This will make the grade pay of Inspector (Posts) at par with that of the promotional post of Assistant Superintendents of Post Offices, it is expedient to consider and upward revision of the grade pay of ASPs as well. All the necessary details and statistics as required by the Ministry of Finance shall be made available by the second Respondent i.e. the Director General of Posts. It is expected that within a reasonable time, the respondents shall arrive at a judicious decision and implement the same.  

            Further course of cation may be decided collectively so that the desired goal of getting grade pay of Rs.4600 from 01.01.2006 for Inspector Posts can be achieved soon. 

Thanks again.

Permanand