Dear friends,
Reply statement has been filed by the CPMG, Kerala Circle (3rd respondent) on behalf of the respondents, on 28.07.2010. A copy has been received by me. The Dept. has opposed the OA and stated that the IPs are not eligible to get GP of Rs.4600/-.
The reply statement filed is not at all acceptable. The Dept. has made mainly two points :
1. Inspector of Posts were not in the pre-revised pay scale of Rs.6500-10500 as on 01.01.2006.
This can not be accepted as pay scale of Inspector post were upgraded in the pre-revised pay scale of Rs.6500-10500 as on 01.01.2006. The second point is that, how the Assistants in CSS are given GP of Rs.4600, eventhough they were at pre-revised Pay scale of Rs.5500-9000 as on 01.01.2006 and were upgraded in Rs.6500-10500 only in Sept'2006. More over Assistants in AFHQ were in the pre-revised pay scale of Rs.5500-9000 and even though they got GP of Rs.4600 vide MOF OM dated 16.11.2009.
2. There is hiearchical problem because of ASPOs.
In the Reply, it is stated that there is no intermediate post between Inspectors in CBDT/CBEC and their Suerindents(GP Rs.4800) and also between Assistant grade and section officers(GP Rs.4800)
It is to mention that there are many posts, which are promotional and are in the same grade pay in the same pay band, then why the Inspector Posts and ASPOs cannot be at the same grade pay.
In Defence Accounts Dept.
Sr. Accounts officer and ACDA (Asst. controller of Defence Accounts) - GP Rs.5400 in PB-3
Min. of Defence (Civilian):
Asst. foreman and Foreman - GP Rs.4600 in PB-2,
Assistant and Office Superintendent - GP Rs.4200 in PB-2
There may be some other posts also in the same grade pay, which will be checked before filing the rejoinder.
Even after all going through all these facts, if the Department is not agreed for the same grade pay for IPOs and ASPOs, the merger may be done, as the consent letter already given by the Association. But if the merger is done, it should be given effect from 01.01.2006 only and all the benefits already given to Inspectors in CBDT/CBEC should be allowed to Postal Inspectors also.
Your valuable suggestions are required in this case.
Thanks.
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Dear Permanand,
ReplyDeleteDo you have any idea about what reply was given my Secretary, MoF, since he is the first respondent?
If the Directorate sent file to MoF recommending GP of 4600 to IPs, not once but twice, then why are they opposing it now? Why this contradiction? What has changed in between or what made the Directorate change its stand?
If possible, get a copy of the recommendation sent by Directorate to MoF and submit it before CAT.
When the Pay Commission has clearly recommended merger of pre-revised scales of 6500 and 7450, if needed, then where does the problem of hierarchy come from?
It seems, in the Central Government service, we are the only cadre at the receiving end, without any support either from the Association or from the Department.
Hope CAT takes a proper view of all the above things and arrive at a conclusion in our favour, at the earliest.
Dear fighter Permanand,
ReplyDeleteI hve sent an e-mail. Please go through it.
Intention of the OPs is not so clear as it appears. They deliberately belittle the IP/ASP cadre when they dis-inform the Court on the matter of introduction of direct Recruitment element. Direct recruitment element was introduced to bring the IP cadre at par with inspectors of other Central Govt. Deptts.
The Govt., instead of being a model employer is creating discremination and sabotaging the
Pay commission decisions by hiking pay of selective cadres without any reason.
Parmandji
ReplyDeleteOA No.144-A of 1993 and other connected 2 OAs(OA 548/1994 and 985/1993) passed on 19-1-1996 at Principal Bench, New Delhi allowed parity of pay of applicants work in Income Tax, Directorate of Field Publicity and CBI with counterparts of CSS/CSSS in the pre-revised scale of Rs.1640-2900(4cpc). So it is true that CAT can allow pay parity .
1st thing –CAT Banglore Bench already forwarded the matter to 6th pay commission . If we notice the OA ..it is clear that CAT already approved that work nature is same ,in the case of IT inspector,Inspector of Central Excise and IPO. 6th pay commission also approved it . If we see the 13th report of 2nd Adminitrative Reform Commission headed by Birappa Moily ( Page—120—130) it will be cleared that assistants and Inspectors in different departments are both medium lavel supervisory cadre with same work nature .
2nd thing—Inspector of Posts were not in the pre-revised pay scale of Rs.6500-10500 as on 01.01.2006.It is true ,because Inspector of Posts were in the revised pay scale of Rs.6500-10500 as on 01.01.2006(not pre revised ).But at the same time Assistants in CSS also ware not in the pre-revised pay scale of Rs.6500-10500 as on 01.01.2006 .That’s why 2nd OM was issued on 16/11/2009 to facilited them arbiterily .
3rd thing – opponent advocate can show this thing in 2 way
a) Inspector of Posts were not in the pre-revised pay scale of Rs.6500-10500 as on 01.01.2006. So they will not come under OM on 13/11/2009
b) The work nature of Inspector not compereble to Assistants in CSS .So IPO can’t demand 4600 under OM 16/11/09.
So we have to prove that the wrk nature is same with assistant CSS , Either directly or diferent way .
Thanking you
Anirban Basu
IPO,WB
Dear Anirban basu,
ReplyDeleteYou have referred the 13th report of 2nd Adminitrative Reform Commission headed by Birappa Moily ( Page—120—130), in which it is stated that assistants and Inspectors in different departments are both medium lavel supervisory cadre with same work nature.
You please make the said document available for ready reference.
Thanks.
Permannd
The 13th ARC report is available at http://arc.gov.in/13threport.pdf . The matter is being looked into.
ReplyDeleteThanks.
Permanand.
Sir,
ReplyDeleteIN CPWD, the promotional heirarchy is Head Clerk, Suprentendent Gr II and Superntndent Gr I. Both the Head Clerk and Suprentendent Gr II are getting the same grade pay of Rs4200.This may also be noted.
Pay fixation of Assistants in AFHQ were done in Rs5500--9000 scale till the order of MOF dt16-11-09 came.
All the Assistants and IPOs came through the same exam conducted by SSC. Even now ie combined graduate level 2010 exam is conducted to recruit assistants, IPs etc. They come through the same exam.
Dont go outside perview.( Assistant cadre) The Inspector Post is comparable to other inspectors working in other units Customs, Central excise, Income Tax.
ReplyDeleteThe CAT, Bangalore observed this and pay commission also considered it.
Kindly inform above position noted in the counter.
with regards,
M.Mohanarangam
GS
Dear Permanandji,
ReplyDeleteAt this juncture merger of IP and ASP may not be proposed. let IP and ASP lies in same grade pay of 4600 and former in non gazetted and later in gazetted cadre. (This is the state of affair when Sr. Accouts officer and Asst. Chief accounts officer in postal Accounts where both are in the scale of 8000-13500 in the pre revised scale. SAO was in Group-B Gazetted category while ACAO was in Group-A Gazetted category. And there is fixation is allowed when SAO promoted to ACAO. Similar case will applicable to promotion of IP to ASP also as it is a promotion from Non gazetted cadre to Gazetted cadre even though GP are same.
After getting GP 4600 to IP we
can fight for upgradation of ASP GP to 4800.
Hope you will agree with me.
Para 3.1.3. 3.1.9. and 3.1.14 of 6cpc can be quoted by postal inspectors in relation to general recommendations on parity upto the level of Assistant grade between secretariat and field offices, Para 3.1.3 recommended absolute parity till the grade of Assistant, para 3.1.9 recommended Assistant's grade pay as Rs.4200 and para 3.1.14 recommended pre-revised scales of 4500,5000,5500 and 6500 or equivalent posts of field offices as grade pay Rs. 4200. In terms of para 3.1.3. all posts of field offices equivalent to till Assistants grade needed absolute parity. Postal inspectors also recommended as grade pay Rs. 4200 by 6cpc. As Supreme Court also decided that pay parity is subject matter of expert bodies like pay commissions quoted by saga at gconnect today there is a trend of winning the case by postal inspectors if the counsel presented properly before the Hon'ble CAT.
ReplyDeletePara 2.2.21(v) of 6cpc clearly stated that "In case a post already exists in the scale of Rs. 7450-11500, the post being upgraded from the scale of Rs. 6500-10500 should be merged with the post in the scale of Rs. 7450-11500." Hence, there is way to rejoinder the counter affidavit. In IA&AD SO's post 6500-10500(non-gazetted) upgraded/merged to 7450-11500(gazetted)by 6cpc. There was no problem. How postal inspectors would have problem?
ReplyDeleteSir,
ReplyDeleteWe are following your blog.
Kindly add our blog address http://www.ipaspkarnataka.blogspot.com/ to the link in your site.
With Regards,
Naveen V L
IP, Udupi North Sub Division
Cases of State of U.P. v. J.P.. Chaurasia (1989) 1 SCC 121, State of M.P. v. Pramod Bhartiya (1993) 1 SCC 539 and Shyam Babu Verma v. Union of India (1994) 2 SCC 521, it was held thus:-
ReplyDelete“ ....whether two posts are equal or should carry equal pay, depends on several factors. It does not depend just upon either the nature of work or the volume of work done. Primarily it requires among others, evaluation of duties and responsibilities of the respective posts by the competent authorities constituted for the purpose and courts cannot ordinately substitute themselves in the place of those authorities. The
quantity of work may be the same but the quality may be different. That cannot be determined by relying upon averments in affidavits of interested parties. It must be determined by expert bodies like Pay Commission and the Government, who would be the best judges, to evaluate the nature of duty, responsibility and all relevant
factors.” (http://delhicourts.nic.in/Feb08/Vimal%20Prasad%20Vs.%20UOI.pdf)
para 7.6.14 of 6th pay commission report
"Merger of pre-revised pay scales of Rs. 5500-9000 and Rs. 6500-10500 which will automatically bring Inspector Posts on par with Inspectors and analogous posts in CBDT and CBEC and Assistants in CSS and with that upgradation the Inspector Post shall come to lie in an identical pay scale as that of their Promotion post of Assistant Superintendent of Posts and ASPO's shall accordingly be placed in the next higher pay scale of Rs. 7450-11500 corresponding to the revised pay band PB-2 of Rs. 8700-34800 alongwith Grade Pay of Rs. 4600."
So according to 6th pay commission Inspector of Post analogous to CBDT and CBEC inspector and Assistant in CSS. Pay commission is an expert body . So MoF / DoP has no authority to say that these are not analogous posts .
Permanadji,
ReplyDeleteThere are maximum points in f/o IPOs GP of 4600.However we have our own enemies who arte twisting the matters and back stabing IPOs. The reply filed by CPMG Kerala must be prepared by ASPO/SPOs and there is brain of ASPO/SPO who must be jealous of 4600 GP to IPOs.Any way god must help IPOs and that day will come and that day will be history for IPOs and shame shame for those who are opposing the 4600 GP for IPOs.I appreciate comments of Mahesh, Samal and annomious dated 3.8.2010, 8.28 am. You peoples have thoroughly studied matter and also appreciate other peoples who have provided favourable points in f/o 4600 GP.
Remember IPOs you are the backbone of the department .Many times DPS/PMS/CPMsG say above things. Now the same peoples are trying hard to break the back bone into pieces.All recommendations etc of Pay commission or MOF clarifications are in f/o 4600 GP to IPOs.But the DOP is trying to explode "ATON BOMB "on the head of IPOs.
IPOs must start non co-operation movement silently. Take oath today itself and start the work silently .
Thanks.
Divisional Accounts officer-I in the field cadre of Indian Audit and Accounts Department in the payband 9300-34800(GP-4800) .
ReplyDeleteAssistant Accounts officer in the Head Office on passing Departmental Section Officer(Now A.A.O) Grade Exam carrying pay band 9300-34800(GP-4800)
http://gconnect.in/forums/showthread.php?t=1555
Dear Shri.Permanand,
ReplyDeleteThe All India Radio has refixed the pay of UDC, Stenographer Gr.III, II and I and granted GP 4600/- vide their order dated 23.7.2010.Even UDCs who were in ACP in pre 5000-7000 also given GR 4600.
If you need I can send the copy of fixation.