Sunday, January 9, 2011

Grounds for argument in CAT case No.381/2010

Dear friends,
On the basis of reply given by the respondents, some grounds have been prepared for argument on 14.01.2010, which is furnished below :

Ground 1:      
It is a fact and has been admitted by the respondents in para 5 of the 2nd  additional reply statement dated 24.12.10 that “The 6th CPC in para No. 7.6.14 recommended for upgradation of the Pay scale of Rs.5500-9000 to Rs.6500-10500 with a view to bring the Inspector Posts on par with Assistants in CSS and Inspectors and analogous post in CBDT/CBEC.” The same was accepted by the Government. Hence, Inspector Posts are entitled for the grade Pay of Rs.4600 to maintain the parity established by the Central Pay commission with Assistants in CSS and Inspectors and analogous post in CBDT/CBEC.

Ground 2:
            Grade Pay of Assistants in CSS, which were in the Pay scale of Rs.5500-9000 as on 01.01.2006, was enhanced from Rs.4200 to Rs.4600 vide MOF OM dated 16.11.09 (A-11). 6th CPC in para 3.1.3 (A-20) recommended to maintain parity with the similarly placed personnel employed in field offices and the secretariat. In the recommendation, it was made clear that this parity would need to be absolute up to the grade of Assistants. Hence the parity between Assistants and Inspector Posts must be maintained. The argument that only group B posts in CSS (i.e Section Officer) are comparable with the Group B post in Department of Posts (i.e Superintendent of Post offices), denying the parity between Assistants in CSS and Inspector Posts, is against the recommendation of the 6th CPC.

Ground 3:
            MOF vide OM dated 13.11.2009(A-9) enhanced the grade Pay of Posts which were in the Pay scale of Rs.6500-10500 as on 01.01.2006 to Rs.4600, which was reproduced in the MOF OM dated 16.11.09 (A-11) and on the basis of that grade Pay of Inspectors in CBDT/CBEC enhanced from Rs.4200 to Rs.4600. It is a fact and has been admitted by the respondents that the Pay scale of Inspector Posts was upgraded to Rs.6500-10500 by the 6th CPC as on 01.01.2006. Thus the Pay scale of Inspector Posts as on 01.01.2006 was Rs.6500-10500 and hence the benefit of OM dated 13.11.2009 must be given to Inspector Posts also, as already given to Inspectors in CBDT/CBEC.

Ground 4:
            As clarified by MOF vide Annexure A-13, that in case of upgradation of Posts as a result of recommendation of 6th CPC, the grade Pay corresponding to the upgraded Post should be given. It is a fact and has been admitted by the respondents that the Pay scale of Inspector Posts was upgraded to Rs.6500-10500. Also, the corresponding grade Pay w.r.t Pay scale of Rs.6500-10500 is Rs.4600 w.e.f 01.01.2006 as evident from MOF OM dated 13.11.2009 (A-9) and dated 16.11.2009 (A-11). Hence Inspector Posts are entitled for grade Pay of Rs.4600 w.e.f 01.01.2006.

Ground 5:
            The contention of the respondents that the merger of Inspector Posts and ASPOs is not practically feasible as the Association is requesting for retaining gazetted status for the existing ASPOs, is not having any ground as in the Department of Post itself, the Post of Junior Accounts Officer (JAO), which was having non-gazetted status is merged with Assistant Accounts Officer (AAO) with gazetted status. Moreover, ASP and IPs have similar nature duties. Till today no higher responsibility or duties have been bestowed to ASPOs and no separate duty has been defined for them. Even after conferring Gazetted status no higher responsibility has been given to ASPs.

Ground 6:
            Inspector Posts should not be downgraded in comparison with their counter parts in CBDT/CBEC and Assistants in CSS only due to existence of an intermediary post in Department of Posts. Parity was given by the 5th and 6th CPC even after observing the intermediary posts and the parity should be maintained. Hence, existence of ASP cadre is not a valid reason to deny the due Grade Pay to Inspector Posts. If the Dept. feels it to be a hindrance for granting the eligible GP to Inspector Posts, then it is for the Dept. to resolve the issue. But it cannot deny the due benefits, which similarly placed Inspectors are enjoying. Department may find out the ways to settle the issue, if they feel it exists, after giving grade Pay of rs.4600 to Inspector Posts. Internal constraints, even if exists as per the view of the Department, cannot be a reason for not implementing a general order.

    You are requested to share your views at the earliest as our case is posted on 14.01.2011. Email may also be sent at Id . 


  1. The only hindrance is serniors that too ASPs who are on adhoc Gr B (SP cadre), they are un able to digest the issue of merging of both the cadres i.e. IP & ASP. They have shown their in diffiernet attitude in Ambaji CWC meeet. No need to give any suggenstions by serniors just they have to keep quite and should away from the way of Mr Prmanand including AP circle fellows

  2. Yes, I agree with above anonymous. There is no need to consult any body i.e. Seniors who are selfish and don't like ipos financial up gradation. Every time some Seniors meet and they upgrade/change their version like up gradation of Antivirus Software (except C/S Punjab & C/S Orissa).See they people spoke different thing in Delhi and now in Ambaji some informers from Delhi brought some new virus in Ambaji and they changed their version or track i.e merger of ASP with SPOs. This is like up gradation of antivirus software or upgradation of power of Virus.Motornman is not aware where the train is going in fast or slow track. Similar is the case of DOP/MOF etc. They are not understanding where they are heading. They are simply speaking same thing like parrot.They couldn't understand what the pay commission has recommended and what has been implemented etc.

    I appreciate Permanand and friends who have prepared fitting reply for DOP. Hope descrimination with IPOs will end soon.

    Jai Hind Jai Maharashtra

    Patil, ASP MH Circle

  3. "NACHAN NA AAYE ANGAN TEDA" This is the DOP trying to prove in CAT.

  4. IP is feeder cadre for promotion to the post of SPOs and taking 20 to 25 years for promotion to the post of SPOs since long back. ASP post may perhaps created to increase promotion avenues inspite of same work and responcibilies of both the cadres. Prior to introduction of MACP Scheme,one more cadre between IPs and SPOs was beneficial but now after introduction MACP Scheme it is adversely effected to the benefits of the said scheme. In other words we can say to forgo 10 years of service to get the benefit of MACP Scheme. If both the cadres will be merges, we may get 3rd upgradation in the grade pay of Rs 5400/- otherwise be satisfied to get grade pay of Rs 4800/- upholding the gazetted status only for attesting the documents with sacrification of bonus also. This suggestion is from a senior ASP of Rajasthan Circle.

  5. Yes, I agree with ASP of Rajasthan. But Some Senior ASPOs think differently. They think IPOs will come closer to them.This is the problem being created behind the doors and being adversely convinced to the Dte.

    Sr. ASP MH Circle.

  6. Dear friends,

    I don't know why you people are bashing against ASPs. I don't see anybody telling against the CAT case filed by Sri. Permanand who is also an ASP, in recent days. The anonymous (1. Jan 10, 2011 6.33 PM) should say that what prompted him to say so and which comment of ASP has provoked him to write like this.

    An ASP, Kerala circle

  7. Dear friends..Ip/ASps,
    I would like to suggest one thing... no doubt by give comments one can show his frustration, but dear friends.. let it be ip or asp we should come together, to whole world (inspite of any diff. we can take it out at cwc meet)but not in the blog.

    premanand blog is no only seen by OP officers, but also by other fello officers from other department.. so please I hope give comments on respective circle blog but not on premanand blog, we should support him by giving moral and good support for defendiing him in cat.

  8. why we people are fighting necessarily. This is the time when we all (whether juniors or seniors- IPs or ASPs) should stand up united. When we fight like anything then Deptt. may expliot us and use 'divide and rule' policy. It is a matter of fact that IPs cadre is like 'plinth'and ASPs cadre is like 'ground floor'. If plinth is strong then the building will also be strong. we should pray for favourable verdict on 14th. happy new year to all IPs & ASPs.

  9. ASP, Kerala circle January 11, 20116:18 AM, Sir please go through the entire issue of grade pay hike since implementation of pay commission. as per my best of knowledge first of all managing sub dns by ASPs and at admn offices by IPs the process was stopped due to many breavery ASPs who are unable to manage sub dns, then submitting of file to MOF and like newtons 3rd law returning as there is no clear proposal of merging, thereafter seperate proposal without any clear cut initiative. our CHQ also simply speaking like a parrot. now ASPs should have 4800 which is impossible and can not imagine in dream. tomorrow they will submit a proposal for re-organisation of sub dns with brevery ASPs along with all powers desg as SP or some other name and no need of any Dn Head term like this they pass the time and retire as the great SP. so i advised them not to give any suggestions and keep quite. Premanand sir please go ahead

  10. our CHQ is very efficient, as we moved hike of hon. in examination duty. they have posed like any thing they have collected information from UPSC exam to school KG exam level amount. but no responce i think they are under search of international rates or under consultaion of UNO etc. so CHQ no need to intreven let the premanand sir will see its end. no need of any united etc like dirty terminology those who do not implemented in the official carreer of any senior fellows

  11. Dear friends,
    In the reply, Dept. had stated in the Para 10 (Last three lines) that there is no such post in Group "c' having more grade pay than that of Inspector Posts. From the notification issued for combined Graduate level Examination'2010 in Employment News dated 30.01.2010, it is clear that the following two posts are having Grade Pay of Rs.4600, even though they are in Group"C' and Inspector Posts is in Grade Pay of Rs.4200 inspite of Group"B" status.

    Sl.1 Inspector Income Tax Group"C" - Grade Pay Rs.4600

    Sl.2 Assistant Enforcement Officer Group"C" - Garde Pay Rs.4600

    Sl.3 Inspector Posts Group"B" - Grade Pay Rs..4200

    This will also be brought to the notice of the Tribunal.

  12. Dear Permanand,
    Go ahead and don't listen anything from CHQ/ASPOs comments. Our goal is to achieve 4600 gp FOR IPOs wef 1.1.2006.
    IP MH Circle

  13. DOP and MoF are trying to confuse the issue and do anything to stop IPs getting 4600 GP by talking about IPs' pay scale BEFORE 01.01.2006, whereas, MoF OM dt. 13.11.09 does not talk about pay prior to 01.01.2006, anywhere in the order.

    Please stress this point in the arguments.

  14. Dear anonymous January 11, 2011 8:42 AM.

    Don't think Sri. Permanand's site is your ancestral property to order that ASPs should not post comments. your language looks like ugly and also it is felt you are substandard. An IP should respect ASPs and higher officers both in words and juster as they are their seniors in the hierarchy. So I think you are not an IP and posting worst comments in this blog is intending to divide the union. Please don't post comments in any of the IPs blog or else reveal your identity.

    Rajan, ASP, kerala Circle

  15. "An IP should respect ASPs and higher officers both in words and juster as they are their seniors in the hierarchy". I think meaning of above comment of Shri Rajan ASP is that only juniors should respect Seniors. I can only say Seniors should also respect Juniors. All should get respect .I request ASP Rajan and IPO concerned to avoid such comments. Help needs to be provided to Shri Permanad.

  16. Rajan, ASP, kerala Circle, OK sir, if any your feelings are damaged extremely sorry, we are certainly respect seniors not only ASPs even operative staff seniors also, since our base is from that point only. Then coming to suggestions point of view then please provide your valuable suggestions to Premanand sir so as win in the legal battle

  17. Dear prmanand,earlier also i appricated ur effort,The rejoinder filed by you is also fine.Any how after going through the reply filed by the dept, i understood that Dept is arguing that the grade pay of 4600 is eligble only the cadres who are having pat scale of 6500-9000 prior to 1-1-2006.It is not correct.Department of personal and training has issued orders to grant grade pay 4600 to those having grade pay of 4600 from 1-1-2006 also.The letter is available in