Postal Inspectors Blog for Grade Pay Hike

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

2011-10-20T07:16:00.000-07:00

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

OA No. 381/2010 regarding grade pay of Inspector Posts has been allowed by the Tribunal

2011-10-18T23:50:00.000-07:00

Dear friends,

Our case regarding Grade Pay of Inspector Posts, ( OA No. 381/10) is allowed by the Hon'ble CAT Ernakulam Bench today with a direction to the Secretary (Ministry of Finance) (1st respondent) to take necessary action to upgrade the grade pay of Inspector Posts to Rs 4600 at par with Inspector of Income Tax / CBDT/CBEC, as per the recommendations of the 6th Pay Commission. The Hon'ble Tribunal also observed that this would make the GP of IPs at par with the present GP of ASPs and hence it would be desirable to upgrade the GP of ASPs as well accordingly.

Copy of the judgement will be received shortly. Further course of action may be decided after getting the order copy. Thanks for all your support and cooperation.

Note: Copy of the judgement, after receipt from court will be supplied by email, if desired.

Thanks.

Permanand

Pronouncement of Orders in our CAT case 381/2010

2011-10-18T04:52:00.000-07:00

Dear friends,

As per the cause list of Ernakulam CAT (Court II), our case No.381/2010 has been listed (at Sl. No.1) for 19.10.2011 for pronouncement of orders. We may hope for the best.

Thanks.

Permanand.

Development in CAT Case 381/2010 filed at CAT Ernakulam

2011-09-22T03:45:00.000-07:00

Dear Friends,
As ascertained from the counsel, our case has been heard today by the Tribunal and the decision is kept reserved. We may expect the judgement by approx. 15-20 days.

Thanks.
Permanand

CAT Case Update

2011-03-25T22:39:00.000-07:00

Dear Friends,

It is unfortunate to state that our case has not been heard on 25.03.2011 also. The counsel of the respondent was not present in the court and has submitted medical certificate for illness. If Required, Miscellaneous Application(MA) will be filed before Honb'l tribunal for early hearing of the case. Hope you all will understand the situation and cooperate with us. Further course of action may perhaps be suggested, if any.
Thanks.

CAT CASE UPDATE

2011-03-03T00:00:00.000-08:00

Dear Friends,

Our case was posted today for hearing. Our friend Sri Chandrakantha Pladhi was present in the Tribunal. Counsel of the Respondent again requested today for three weeks time. Hon'ble Tribunal has granted one week time and the case is posted on 09.03.2011.

Thanks.

Permanand.

Update of our CAT case

2011-02-18T05:06:00.000-08:00

Dear Friends,

Our case came up for hearing today. Counsel of the Respondents requested two weeks time stating that he is not prepared for the argument. Hon'ble Tribunal has granted ten days time as last chance and the case is posted to 03.03.2011.

Thanks.

Permanand.

Update regarding CAT Case

2011-02-17T06:29:00.000-08:00

Dear Friends

Our case has been posted for tomorrow i.e. 18.02.2011. Discussion with advocate regarding argument has been completed. Sri. Chandrakanta Paladhi and some of our friends will attend the hearing in the tribunal. Further updates will be given by tomorrow evening.

HOPE FOR THE BEST!!!
Thanks
Permanand

Updates regarding CAT Case

2011-01-27T05:23:00.000-08:00

Dear Friends,
Our case could not be heard today and is posted after two weeks. The next date of posting will be known by Monday. If the case is not heard on next sitting, early hearing request will be filed in CAT.
Thanks.
Permanand.

News regarding CAT Case OA No.381/2010

2011-01-18T20:13:00.000-08:00

Dear friends,
Our case is posted on 27.01.2011 for FINAL hearing. All the points for argumrnt have already been discussed with the Advocate. We may hope for the best.
Thanks.
Permanand.

update regarding CAT case

2011-01-13T06:51:00.000-08:00

Dear friends,

Today we have discussed the case with the Advocate for the argument purpose. However, as informed by the counsel, our case will not be heard tomorrow due to unavoidable reasons. The case is likely to be posted after 18.01.2011 for final hearing. Any further updates will be given in due course.

Thanks.

Permanand

Grounds for argument in CAT case No.381/2010

2011-01-09T20:18:00.000-08:00

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 2^ndadditional reply statement dated 24.12.10 that “The 6^th 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). 6^th 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 6^th 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 6^th 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 6^th 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 5^th and 6^th 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 ipgp4600@gmail.com .
Thanks.
Permanand.

News regarding CAT Case OA No.381/2010

2011-01-06T23:38:00.000-08:00

Dear friends,

You may be aware that our CAT case regarding Grade Pay is posted on 14.01.2010. Respondents has given their reply to the Additional Rejoinder and copy of the same is uploaded for perusal.In the reply, Respondents have admitted that Pay scale of Inspector post was upgraded from Rs.5500-9000 to Rs.6500-10500 from 01.01.2006. Now the respondents are defending by falsification of Documents as stated in Para 7 and many more places in the reply. It is stated that " .....due to issue of orders by Nodal Ministry on 13.11.2009, extending the benefit of grade Pay of Rs.4600 to such posts, which were in the Pay scale of Rs.6500-10500 prior to 1-1-2006, the Inspector in CBDT/CBEC could derive the benefit, and as the upgradation is only from 1-1-2006, the Inspector Posts could not be extended the same. ......"

   The extract of the OM dated 13.11.2009 issued by the MOF is reproduced below

".....Consequent upon the Notification of CCS (RP) Rules, 2008, Department of Expenditure has received a large number of references from administrative ministries / departments proposing upgradations of the posts which were in the pre-revised scale of Rs.6500-10500 as on 1.1.2006 by been granting them grade pay of Rs.4600 in the pay band PB-2. The matter has been considered and it has now been decided that the posts which were granted the normal replacement pay structure of grade pay of Rs.4200 in the pay band PB-2, will be granted pay of Rs.4600 in the pay band PB-2 ...."

                  Hence it is clear that Department is trying to defend without having any justification for the same. We have already    submitted all the annexures including OM dated 13.11.2009 of MOF. As the case is posted on 14.01.2011, your comments on the reply by the Dept., is requested. Hoping all your cooperation.

With regards,

Permanand

Update on CAT Case

2011-01-06T04:22:00.000-08:00

Dear Friends,

Our case has been posted on 14.01.2011(Friday) for hearing. Respondents have also given their reply today, which will be received by tomorrow. Copy of the reply will be uploaded on the blog, once it is received.

Thanks.

Permanand.
07.01.2011:- Copy of the reply by the respondents to the Addl. Rejoinder has been received. To down load the copy, please click here http://www.sendspace.com/file/wyxzxw . In case of any difficuly, please send your email ID and the copy will be mailed.
Thanks.
Permanand

OA No. 381/2010 - Present status

2010-11-22T04:04:00.000-08:00

Our case OA No.381/10, which was posted today could not be heard as only one bench functioned today. The next date of posting will be known within a day or two. Moreover, the Respondents have not filed the reply to the Additional Rejoinder till today. Perhaps Respondent may request one or two week time before the Tribunal to reply the same. Further progress will be intimated shortly.
05.12.2010 : Our case has not been listed so far in the absence of Division Bench at CAT Ernakulam. We are in constant touch with our counsel. Any development in this regard will be intimated soon.

Thanks.

Permanand.

News regarding CAT case 381/2010

2010-10-21T20:18:00.000-07:00

Dear friends,

As suggested by the Advocate, the additional Rejoinder is being filed in this case. One week time has been given by the Hon'ble CAT to file the Additional Rejoinder and two weeks to the Respondents for reply, if any. Hence, the argument could not happen yesterday. The case is next posted on 22.11.2010. In connection with the CAT case, I was at Ernakulam with Chandrakantha Pladhi for the last two days and the Additional Rejoinder has almost been finalised and will be filed at the earliest. The copy of the Additional Rejoinder will be published in the blog shortly. Hope you all will understand and cooperate.

28.10.10- To view the Copy of the Additional Rejoinder filed in the case, click the link below
http://www.sendspace.com/file/71rs1e

or

http://www.sendspace.com/file/1bg28s

If at all any problem in downloading, pls. send your email ID, it will be mailed to you.

Thanks.

Permanand.

Reply by the Dept. on the Rejoinder in OA 381/2010

2010-10-06T23:03:00.000-07:00

Dear Friends,

The reply given by the Dept. on the Rejoinder has been received. The Dept. has again defended that Inspector Posts are not comparable with Inspectors in CBDT/CBEC and Assistsnts in CSS. The reply is being studied as the case is posted on 21.10.10 for arguments. Your valuable suggestions are requested. To view the reply of the Dept., CLICK HERE.

Thanks.

Permanand

Mob:09349049801

Progress of CAT Case 381/2010 Filed for Grade pay hike

2010-09-21T21:01:00.000-07:00

Dear friends,

Our CAT case was posted today. No reply has been filed by the respondents on the rejoinder so far. The Tribunal has given two more weeks to the respondents to file the reply to the rejoinder, if any. The case is next posted to 21.10.2010 for final hearing/arguments. As explained by the counsel, the Tribunal takes some time before the final hearing/arguments to study the documents submitted by the applicants as well as by the respondents. I along with my friends will attend the hearing on 21.10.10. Any further progress in the case will be intimated in due course.

Thanks.

Permanand.

Rejoinder in the OA No. 381/10 has been filed

2010-09-01T07:41:00.000-07:00

Dear friends,
The case heard on 03.09.10 and two weeks time has been granted to the respondents for the reply to the rejoinder. The case is posted to 21.09.10. Further information will be given in due course. (Edited on 05.09.10)

Rejoinder in the OA 381/10 has been filed. All the issues raised by the Respondents in the reply statement have been suitably defended in the Rejoinder. Extract of Some main issues are given below:

Issue No.1 The Inspector Posts were not in the Pre-revised pay scale of Rs.6500-10500, hence they are not entitled for the benefit under OM dated 13.11.2009 issued by MOF.

It is clear from Paragraph 7.6.14 of 6th Central Pay Commission Report that Inspector Posts was upgraded in the pre-revised pay scale of Rs.6500-10500 on par with Inspectors and analogous posts in CBDT/CBEC as well as Assistants of Central Secretariat Service (CSS) with effect from 01-01-2006. Due to this upgradation only the pay scale of ASPOs was upgraded to the next higher pay scale of Rs.7450-11500. The contention of the respondents that Inspector Posts was upgraded in the pre-revised pay scale of Rs.6500-10500 only notionally with effect from 01-01-2006 and therefore, they cannot be treated alike with the comparable posts in CBDT/CBEC is untenable. It is pertinent to point out that the 6th Central Pay Commission found parity among Inspector Posts, Inspectors in CBDT/CBEC and Assistants in CSS and to effectuate this parity, the pay scale of Inspector Posts was upgraded with effect from 01-01-2006. Hence, any upgradation of pay scale or Grade Pay granted to Inspectors in CBDT/CBEC and Assistants in CSS is equally applicable to the Inspector Posts and the incumbents in the post of Inspector Posts alone cannot be discriminated in the matter of revision of Grade Pay. The averments to the contrary are emphatically denied.

Issue No.2 Inspector Posts are not comparable to the Inspectors in CBDT/CBEC and Assistants in CSS AND only Group B Post in Dept. of posts are comparable to the Group B posts in CSS/CBDT/CBEC. There is hierarchical problem due to intermediatory post of ASPOs in Dept. of Posts, unlike in CSS/CBDT/CBEC and if the Inspector Posts are given Grade Pay of Rs.4600, it will disturb the entire hierarchical structure of Inspector Posts and its promotional cadre both within the Departmental hierarchy and horizontal relativity outside the Department

The pay scales recommended by the 5th Central Pay Commission and 6th Central Pay Commission and accepted by the Government for the following categories are given below :

Pay scale recommended by the 5th CPC

and accepted by the Govt.

Pay scale recommended by the 6th CPC and accepted by the Govt.

1 Assistants in CSS and Inspectors in CBDT/CBEC Rs.5500-9000 9300-34800with GP Rs.4200

2 Inspector Posts Rs.5500-9000 9300-34800with GP Rs.4200

3 CentralExcise/Customs Superintendent,
Income Tax Officer Rs.6500-10500 9300-34800with GP Rs.4800

4 Section Officer in CSS Rs.6500-10500 9300-34800with GP Rs.4800

5 Assistant Supdt. Of Posts Rs.6500-10500 9300-34800with GP Rs.4600

6 Supdt. of Post Offices Rs.7500-12000 9300-34800with GP Rs.4800

It is evident from the above table that same pay scale/ Grade pay was granted by both 5th Central Pay Commission and 6th Central Pay Commission for Inspector Posts in comparison with Assistants in CSS and Inspectors in CBDT/CBEC. The Inspector (Posts) and other analogous posts in CBDT/CBEC and Assistsnts in CSS were enjoying the same scale of pay of Rs. 9300-34800 with Grade of Rs. 4200/- with effect from 01-01-2006 and were continued to draw the same scale of pay and grade pay as on the date of issuance of Annexure A-9 O.M. Dated 13-11-2009 and Annexure A-11 O.M dated 16-11-2009 granting the upgraded Grade Pay of Rs. 4600/- to the Inspectors of CBDT/CBEC and Assistants in the Central Secretariat respectively. Therefore, the persons like the applicants are subjected to hostile dicrimination in denying the grade pay of Rs. 4600/-

Department of Post made a proposal to the Ministry of Finance recommending to extend the benefit of Annexure A-9 O.M dated 13-11-2009 and A-11 O.M. Dated 16-11-2009 and to grant the Grade Pay of Rs. 4600/- to the Inspector (Posts) to maintain parity between similar cadres. In the above proposal the Department had categorically stated that the pay of Inspector (Post) was upgraded to Rs. 6500-10500 with effect from 01-01-2006 and the parity agreed to in the pay scales of Inspector (Post) with Assistants (CSS) and Inspectors CBDT/CBEC has not been recognised and given effect to while issuing Annexure A-9 and A-11. Therefore, it is evident that there is discrimination in the matter of grating Grade Pay to the Inspector (Post). However, the Ministry of Finance did not approve the proposal and returned the same. The reason for non-granting of Grade Pay of Rs. 4600/- to the Inspector (Post) alone by the Ministry of Finance is on three grounds. Firstly, prior to 01-01-2006 the Inspector (Post) was in the scale of Rs. 5500-9000 and secondly, the hierarchical structure in respect of Inspector (Post) is not comparable with the analogous posts in CBDT/CBEC. Thirdly, the 6th CPC specifically recommended the Grade Pay of Rs. 4200/- to the Inspector Posts. All the three reasons shown are entirely untenable. It is submitted that the pay scales of Inspector in CBDT/CBEC was upgraded from Rs.5500-9000 to Rs.6500-10500 as per Annexure A-5 dated 21-04-2004 and on the basis of Annexure A-5, the pay scale of Assistants in CSS was upgraded in September, 2006 as per Annexure A-6. As earlier stated the scale of pay of Inspector (Post) and other analogous posts were same i.e. Rs. 6500-10500 as on 01-01-2006 and the revised pay scales also were granted to them with effect from 01-01-2006 in the scale of pay of Rs. 9300-34800 with Grade Pay of Rs. 4200/- The 6th Central Pay Commission recommended only Rs. 4200/- as Grade Pay to the post of Inspector CBDT/CBCE and other analogous post. However, the Inspector in CBDT/CBCE and Assistants in Central Secretariat were granted the Grade Pay of Rs. 4600/- with effect from 01-01-2006 as per Annexure A-9 and A-11 respectively. Therefore, the Inspector (Post) is entitled for equal treatment as that of the Inspectors in CBDT/CBCE and Assistants in CSS.

It is submitted that hierarchical structure is not at all a criteria for granting Grade Pay. As stated earlier in different department different hierarchical structure is adopted and the comparable posts are enjoying similar benefits. The averments to the effect that only Group B Posts in Department of Post are comparable to those of Group B posts in CSS/CBDT/CBEC is totally unsustainable for the reason that the comparable posts of Inspector (Post) is Inspectors in CBDT/CBEC and Assistants in Central Secretariat Service. The details of pay scale and Grade Pay recommended by 5th and 6th Central Pay Commission and accepted by the Government shown in paragraph 4 (Table above) of the rejoinder statement would prove contrary to the contentions of the respondents. The contention of the respondent that the Assistant Superintendent of Posts is given the Grade Pay of Rs. 4600/- which is the next higher post of Inspector (Post) and therefore, the Inspector (Post) is not entitled for Grade Pay of Rs. 4600/- is unsustainable as some promotional posts in other Departments and feeder post are enjoying the same Grade Pay. For example, in Defence Accounts Department Sr. Accounts Officer is the feeder category for promotion to the post of Assistant Controller of Defence Accounts (ACDA) and both the posts are in the same Grade pay Rs.5400 in PB-3. Likewise, in the Postal Accounts Office (PAO) under the Department of Post, Senior Accounts Officer is the feeder post for promotion to the post of Assistant Chief Accounts Officer (ACAO) and both these posts are in the Grade pay Rs.5400 in PB-3. In Comptroller and Auditor General’s Officer, Senior Audit officer is the feeder post for promotion to the post of Assistant Accountant General(AAG) and the Grade pay is Rs 5400 in PB-3 for both these posts. Therefore, it will not lie in the mouth of the respondents to contend that the promotional post is in the Grade Pay of Rs. 4600/- and therefore, the Inspector (Post) is not entitled for the Grade Pay of Rs. 4600/-.

It is submitted that when parity is brought out by the Pay Commission and Inspector (Post) and Inspectors in CBDT/CBEC and Assistants in CSS is treated alike, the denial of equal grade pay would result in down grading the post of Inspector Post and the same is not permissible in law. It has been so held by the Hon’ble Supreme Court in Union of India and others Vs. Debashis Kar and others reported in 1995 Supp (3) SCC 528. Admittedly, the Department of Post recommended the same pay scale of Inspectors in CBDT/CBEC to the Inspector (Post) before the 6th Central Pay Commission and the same was approved by the Pay Commission granting the same scale of pay and Grade Pay and therefore, the department cannot turn around and contend that the Inspector (Post) are not entitled for the Grade Pay of Rs. 4600/-.

Issue No.3 Nature of duties assigned to Assistants in CSS are different to that of Inspector Posts.

Admittedly, the nature of duties assigned to Assistants in CSS are different from duties assigned to Inspector Posts since Assistants are office staff in Secretariat offices where as the Inspector Posts are the office staff in field. It is worthy to mention that 6th 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 Annexure A-11 OM F.No.1/1/2008-IC dated 16.11.2009 as indicated in paragraph 4 of Annexure A-11. Parity made and recommended by the Expert Body namely, the Pay Commission and accepted by the Government cannot be denied by the Department under any pretext.

Issue No.4 Pay scale of Inspectors in CBDT/CBEC was upgraded to Rs.6500-10500 on 21-04-2004 and merely recruited through direct recruitment from the same All India Competitive examination does bring any parity between Inspector Posts and Inspectors in CBDT/CBEC & Assistants in CSS.

Admittedly the Inspectors in CBDT/CBEC were given the scale of pay of Rs. 6500-10500 on and from 21-04-2004 before the implementation of the 6th Central Pay Commission Recommendations and the above scale of pay of Rs. 6500-10500 granted to the Inspectors in CBDT/CBEC was considered and the Pay Commission found absolute parity with the Inspector (Posts) and other analogous posts and that's why the Pay Commission recommended to grant the pre-revised scale of pay of Rs. 6500-10500 to the Inspector Post upgrading their scale of pay from Rs. 5500-9000. Since the 6th Central Pay Commission recommendations were implemented only with effect from 01-01-2006 the scale of pay of Rs. 6500-10500 was granted to the Inspector Posts with effect from 01-01-2006 and not by an earlier date. Once the Pay Commission found parity with the analogous posts and recommended the same scale of pay the respondent cannot turn around and contend that the direct recruitment did not bring the Inspector Posts on par with the Inspectors in CBDT/CBCE. The Recruitment Rules were amended and element of direct recruitment was introduced only because of the recommendations of the 4th and 5th Central Pay Commission and based on the recommendation for bringing out parity by the Commission. The respondents are clearly overlooking the recommendation of the 4th pay commission in Paragraph 10.44, in which Inspector Posts were equated with inspectors in other Central Government organisations like customs and central excise and income tax and recommended to introduce direct recruitment to bring parity. The 5th pay commission also in paragraph 62.9 had granted the equal pay scale of Rs.5500-9000 with Inspectors in CBDT/CBEC with recommendation to introduce direct recruitment from the Inspectors Grade examination of Staff Selection Commission.

Issue No.5 Sub Inspectors in CBI are also recruited through the same examination and are in the Grade of Rs.4200 only.

Sub-Inspectors in CBI cannot be compared with Inspectors of Department of Posts, as they are Sub-Inspectors in the lower cadre and they belong to Group C post. The Pay Commission also did not recommend any parity with Sub Inspectors of CBI to that of Inspector (Post), Inspectors in the CBDT/CBCE and Assistants in the Central Secretariat Service. It is relevant to note that all the Inspectors (Central Excise, Income Tax, Customs etc.) and Assistants recruited through the Combined Graduate level Examination, conducted by Staff Selection Commission, are granted Grade Pay of Rs.4600, except the Inspector Posts. It is ironical to state that, though the Inspector Posts are Group B non gazetted they are being denied the equal grade pay to that of some Group C Inspectors in other Departments like Inspectors in the Income Tax Department. The Inspectors in the Income Tax Department is allowed the Grade pay of Rs. 4600/- even though they are Group C post.

Thanks.
Permanand.

News regarding CAT Case 381/2010

2010-08-03T21:32:00.000-07:00

Dear friend,
our case has been posted to 01.09.2010. we are trying to file the rejoinder as early as possible.
Thanks.
Permanand.

Reply statement filed by the Department in OA 381/2010

2010-08-01T20:36:00.000-07:00

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.

Our CAT Case posted on 03.08.10

2010-07-19T21:33:00.000-07:00

Dear friends,
Our case has been posted on 03.08.10 and not 26.07.10,as stated earlier. Any further information will be given in due course.

Thanks.
Permanand.

News regarding CAT Case

2010-07-09T00:13:00.000-07:00

Dear friends,
Our CAT case bearing number 381/2010 has been posted to 19.07.2010 (Monday). AS of now, the reply statements from the Respondents have not been filed. Our Advocate will oppose the extention application, if filed by the respondents, as eight weeks time was given to them. Further developments will be intimated in due course.
Thanks.
Permanand.

Your Suggestions on further action for Grade Pay hike for Inspector Posts

2010-06-23T22:59:00.001-07:00

Dear friends,
Thanks for the discussions and comments. I would like to state the following :

(1) We waited for almost six months after the MOF OM dated 13.11.09 for some concrete action from the Dept./Association.

(2) We moved to CAT only after the rejection of Dept's second proposal by MOF. Rejection was expected as combined proposal was sent again to MOF. The scope for upgradtion of GP of Inspector Posts arose only when the GP of Inspectors of CBDT / CBEC, Assistants and Stenographers in CSS was upgraded. There was no mention of upgradation of GPs of other promotional cadres in the concerned Depts/Ministries in the relevant orders. So, becoming rigid on upgradation of GP of ASPOs and PS Gr.B officers at that stage did not appear to be a wise action. Even the merger proposal of Inspector Posts and ASPOs are being discussed for so many months with no fruitful result. We are disappointed by the passive attitude by the Association / Dept. towards the Grade Pay hike of Inspector Posts even after getting the clear view of the members in the General body meeting of the Association on 3rd April'2010.

(3) There is no hurdle for the Dept. to take any step regarding Grade pay hike of Inspector Posts, such as merger of IP and ASP etc., as we have only demanded GP of Rs.4600 for Inspector Posts and nothing has been mentioned about merger of any cadres in the OA 381/2010 filed at Ernakulam Bench. More over the first respondent in the OA is Secretary, MOF.

(4) It is for the Dept. to decide as to how the upgraded Grade Pay of Rs.4600 has to be given to Inspector Posts. As far as the equal grade pay to Inspectors and ASPOs are concerned, it is to mention that in CSS, Section officers and Assistants were at the same pay scale of Rs.6500-10500 for almost two years(Sept'06 to Aug'08), till the finalisation of the issue. Why not in our Dept., the equal Grade pay issue may be sorted out after giving GP of Rs.4600 to Inspector Posts ? It seems that either the Association or the Dept. is not willing to sort out the issue for their own reasons which may be suitable for their cause.

(5) We, Inspector Posts, after the Grade Pay hike of Inspectors and analogous posts in CBDT/CBEC and Assistants in CSS, are feeling degraded. We are demanding higher grade pay as already given to our counterparts in CBDT / CBEC and Assistants in CSS, is not just for higher salary but for the equality with them. It is indeed humiliating for us that we have been treated as second class even though recruited through same examination with no less merit (Min. cut off marks for Inspector Posts is more than that of Inspector Central Excise(SSC’2006) and that of Preventive Officer (SSC’2008) etc.). We have the every right to be treated with equality.

(6) We are fighting for the equality with our counterparts in other Departments since long. Fifth CPC had approved the equality, which was disturbed by the MOF in April’2004. No action was taken by the Association or the Dept. at that time to enhance the Pay scale of Inspector Posts accordingly. We should appreciate the move taken by Sri Jayantha of Karnatka Circle, who filed a CAT case in 2006 at Bengalore bench (424/06). At that time also the Association was a mute spectator. However, it was our fate that, the case was disposed without any decision as the 6th CPC was constituted. Our so called Association (AIA of IP and ASP), even could not represent before the 6th CPC, it was the IRM/ASRM Association, which represented before the 6th CPC and demanded for equality. Now, again 6th CPC approved the equality of Inspector Posts with their counterparts in CBDT / CBEC and Assistants in CSS and again the equality has been disturbed by the MOF vide its OM dated 13.11.09 and 16.11.09. After experiencing the passive attitude of the Association /Dept. for so long, can we wait till next pay commission ? Obviously NOT . Then, what is the option available with us other than the legal one ?

(7) At last I would like to say that no action is perfect. It is the result and time, which analyse the action. We did as we thought correct at that time. We have no regret for the action we have already taken.

Hoping for all your cooperation in future also.

Thanks.
Permanand

Posting of CAT Case bearing No.381/2010 in c/w Grade Pay Issue Of Inspector Posts

2010-05-17T23:54:00.000-07:00

Dear friends,
CAT Case bearing No.381/2010 regarding Grade Pay of Inspector Posts has been posted on 17.05.10 and notices have been issued to the respondents. Eight weeks time has been given to the Respondents (1. Secretary, MOF 2. DG, Dept. of Posts and 3. CPMG, Kerala Circle).
Thanks.
Permanand.

News regarding pay fixation for those who promoted after 01.01.2006

2010-04-28T04:54:00.000-07:00

         It has been clarified by the Ministry of Finance vide MOF, D/o Expenditure, IC U.O No.10/1/2010-IC dated 27.01.2010 (Para 3) in c/w the Pay fixation of PAs/ Assistants in Ministry of Petrolium, that the fitment table corresponding to the upgraded scale will be applicable in case of promotion after 01.01.2006, but in such case, the individual will not be entitled to any arrears of Pay w.e.f 01.01.2006 till the date of their promotion. This was again asked from the Finance Ministry under RTI Act 2005, and it is stated vide MOF (Exp) U.C No.22/01/2010-IC dated 23.03.2010 that the above clarification is applicable to all Ministries and Departments.
   The pay scale of ASPOs was upgraded from Rs.6500-10500 to Rs.7450-11500 (CCS Pay Rules,2008). There is no dispute in this regard. Whereas in case of Inspector Posts, the Dept. may state that the Pay scale of Inspector Posts was not upgraded to Rs.6500-10500, but that may be defended referring the para 7.6.14 of sixth CPC Report.
   Hence those IPOs/ASPOs, who are promoted after 01.01.2006 may opt for the fixation from the date of their promotion, and they will get the fixation as per the fitment table corrresponding to Rs.6500-10500 for IPOs and Rs.7450-11500 for ASPOs. Only thing is that they will have to forgo their arrears till the date of their promotion.
   Any doubt in this regard may be sent through the email ipgp4600@gmail.com.
Thanks.
Permanand

CAT Case for Grade Pay hike of Inspector Posts has been filed

2010-04-19T06:59:00.000-07:00

Dear friends,
CAT Case related to Grade Pay issue of Inspector Posts has been filed at Ernakulam Bench on 16.04.2010 (Diary No.313/2010) and the scrutiny of the OA is over. The OA No. could not be allotted on that day, as only one bench was sitting. However, it has been intimated by the advocate that the copy of the Original Application (OA) has already been handed over to the Standing Counsel of the Respondents on the very same day. After summer vacation, the Tribunal will open on 17.05.10.

Thanks.
Permanand.

CAT Case - Chronological sequence of events

2010-03-25T22:28:00.000-07:00

Chronological sequence of events regarding CAT Case:

The 4th pay commission had acknowledged the arduous nature of the duties of Inspector Posts in para 10.42 and recommended higher pay scale for Inspector Posts equivalent to Inspectors in Central Excise, Income Tax and customs provided there should be element of Direct recruitment at the Inspector level (Para 10.44 ).

Extract of IV CPC recommendation:

10.42. Inspectors of Post Office in the sca1e of Rs. 425-700 hold charge of sub-divisions and their duties mainly involve inspection of sub-post offices and branch post offices. They also function as appointing authority for Group-D and extra departmental staff and are vested with disciplinary powers in respect of these categories of staff. The inspectors of the RMS have similar duties and responsibilities………….

10.43. Associations of inspectors and assistant Superintendents of post offices and RMS have requested for better pay scales in view of the arduous nature of their duties and the detailed syllabus for the examination through which they have to qualify.

10.44. The Department has proposed merger of the IPO and IRM cadres and ASPO and ASRM cadres. It has been pointed out that the duties and responsibilities of the two cadres are similar. We find that the pattern of recruitment for posts of inspector in other Central Government organisations like customs and central excise and income tax; provides for direct recruitment through staff selection commission at this level. However, in the postal department, there is no direct recruitment above the level of postal and sorting assistants, or at Group-B, level Even for the posts of postal and sorting assistant, appointment is not through any competitive examination but is based on marks secured in the matriculation examination. In other Government departments there is generally direct recruitment based on competitive examination at clerical level. In the interest of efficiency of service it is necessary to introduce on element of direct recruitment at the level of inspectors/assistant superintendents through the staff selection commission, and we recommend accordingly. If this is done and the two cadres are merged, Government may examine what scale of pay will then be suitable for these posts. Till this is done the scales recommended by us in Chapter 8 will apply.

Higher pay scale could not be given to the Inspector Posts at that time, as the recommendation for Direct recruitment at the level of Inspector / ASP was not implemented by the Dept. of Posts.

In the V CPC, the Dept. agreed for Direct recruitment at the level of Inspectors and hence the pay parity with Inspectors and analogous post in CBDT / CBEC were given and accordingly, the Pay scale of Inspector Posts was upgraded from Rs.1400 – 2600 to Rs.1640 – 2490 and corresponding new pay scale of Rs.5500 – 9000 was given w.e.f 01.01.1996. (Para 62.9).

Extract of V CPC recommendation:

Para 62.9 : …………………..In the chapter relating to Restructuring of Postal Services, we have already recommended that Inspectors of-Post Offices and RMS should be merged, upgraded to Rs.1640-2900 and filled 33-1/3% by direct recruitment from the inspectors Grade Examination of Staff Selection Commission…………………………..

Dept. of Posts accordingly amended the Recruitment Rules for Inspector Posts in 2001.

Later on, the pay scales of Inspectors and analogous posts in CBDT / CBEC were enhanced to the scale of Rs.6500-200-10500 in April’2004 and subsequently the pay scale of Assistants in CSS was also enhanced in Sept’2006 by the concerned Departments. But the pay scale of Inspector Posts remained unchanged. Being aggrieved by this, two OAs No. 424/06 and 211/07 were filed before Hon’ble CAT Bangalore bench by Postal Inspectors of Karnatka Circle seeking the parity with the Pay scale of Inspector Posts and Inspector in CBDT / CBEC. Since the Central Government had constituted the sixth Central Pay Commission to set right the anomalies and to recommend Pay revision in case of Central Government employees, and the said commission had not submitted its report at that time, the Hon’ble CAT disposed these OAs vide its common order dated 27.07.07 directing both the applicants and the Respondents to take up the issue immediately before sixth Pay Commission with the copy of its order.

The demand of Parity in pay scales of Inspector Posts and Inspectors and analogous posts in CBDT/CBEC as well as Assistants of Central Secretariat Service (CSS) was approved by the sixth Central Pay commission and the commission in Para 7.6.14 of its final report, recommended the following :

“Postal Inspectors in Department of Posts have demanded a higher pay scale of Rs.6500-10500 on par with Inspectors and analogous posts in CBDT/CBEC as well as Assistants of Central Secretariat Service (CSS) on the ground that they are recruited through the same examination. 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. With this upgradation , Inspector (Posts) shall come to lie in an identical pay scale as that of their promotion post of Assistant Superintendent (Posts) [ASPOs]. ASPOs 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 along with grade pay of Rs.4600..……… ”

The above recommendation was accepted by the Govt. Of India and the same was published in the Gazette of India, No.304 dated 29.08.2008 (Resolution) and according to this Inspector Posts was upgraded in the Pre-revised Pay scale of Rs.6500-10500 at par with Inspectors and analogous posts in CBDT/CBEC as well as Assistants of Central Secretariat Service (CSS) and placed in the Revised Pay Scale of Rs.9300-34800 (PB-2)with Grade pay Rs.4200 w.e.f 01.01.2006, as per Sl.13 of revised pay scale table shown in Part A of Annex-I of the said Gazette Notification.

Later on, Ministry of Finance vide OM F.No.1/1/2008-IC dated 13.11.2009, granted the grade pay of Rs.4600 in the pay band PB-2 in revised pay structure to the posts that existed in the pre-revised scale of Rs.6500-10500 as on 01.01.2006 and which were granted the normal replacement pay structure of grade pay of Rs.4200 in the Pay band PB-2 . Accordingly, the Grade Pay of Inspectors and analogous posts in CBDT/CBEC are upgraded to Rs.4600. But no action taken by the Dept. of Posts to upgrade the same for Inspector of Posts.

It is to mention that Inspector Posts was brought on par with Inspectors and analogous posts in CBDT/CBEC and upgraded to the pre-revised pay scale of Rs.6500-10500 w.e.f 01.01.2006. With this upgradation, ASPOs (Promotion post of Inspector Posts) was placed in the next higher pre-revised Pay scale of Rs.7450-11500, which also proves the claim that the Inspector Posts was upgraded in pre-revised pay scale of Rs.6500-10500 w.e.f 01.01.2006.

Again, vide Memo. No. 1/1/2008-IC dated 16th November 2009 of Ministry of Finance, the benefit of upgradation of grade pay Rs 4600/- was extended to Assistants and personal Assistants of CSS, AFHQ, IFS ‘B’, and Railway Board Secretariat Service and their counterpart Stenographer Services also. In para 4 of the said OM, it is stated that “ one of the reasons due to which Assistants of Central Secretariat are being granted grade pay of Rs.4600 is the fact that there is an element of direct recruitment to the post and that too through an All India Competitive Examination.” Based on this order, the concerned Departments have issued the order for upgradation. It is a fact that Inspector Posts was brought on par with Assistants in CSS by Govt. of India as per the recommendation of the sixth central pay commission, and the Inspector Posts also has the element of direct recruitment to the post and that too through same All India Competitive Examination conducted by Staff Selection Commission.

In the clarification given by Department of Expenditure vide No.MOF, D/o Expenditure, IC U.O No. 10/1/2010-IC dated 27.01.2010, regarding Pay fixation of Assistants / PAs in Ministry of Pertoleum and Natural Gas, it is stated that “In cases of upgradation of Posts as a result of recommendation of sixth CPC, the Grade Pay corresponding to the upgraded post is to be added.”

The Grade Pay corresponding to the Pre-revised Pay Scale of Rs.6500-10500 is Rs.4600 as per the MOF OM F.No.1/1/2008-IC dated 13.11.09. Hence, in case of Inspector Posts, the Grade Pay of the upgraded Post (Rs.6500-10500 ) i.e Rs.4600 should be given.

Also, HSG –II cadre and BCR officials who are being supervised by Inspector Posts are placed on par by placing them in grade pay Rs.4200 w.e.f 1.1.2006. The principle of supervisor should get more pay than the supervised is to be followed and the level hierarchy should be maintained by placing Inspector Posts in the grade pay of Rs.4600 and above the HSG-II and BCR officials .

Thanks.

Permanand.

Documents handed over to the Advocate for CAT Case

2010-03-22T21:05:00.000-07:00

All the relevant papers regarding CAT Case have been handed over to the Advocate on 21.03.2010 and the issues discussed. Draft for CAT Case will be ready by next week. The details of the discussion are as follows :

As per the Advocate view, if we claim that Inspector Posts also comes under preview of the MOF OM F.No. 1/1/2008-IC dated 13.11.09, our case may be weak, as in that OM, it is clearly stated that higher Grade Pay of Rs.4600 is given to those Posts, which were having Pre-revised pay scale of Rs.6500-10500. It is the fact that Pay scale of Inspector Posts was Revised to Rs.6500 -10500 w.e.f 01.01.2006 and corresponding Grade pay was given. We can demand for the parity and ask for separate OM for Inspector Posts for higher grade pay as done for Assistants (CSS), as we are also coming through the same competitive examination, on the grounds that :

The 4th pay commission had recommended higher pay scale for inspectors only after introduction of direct recruitment. Higher pay scale could not be given to the Inspector Posts at that time, as the recommendation for Direct recruitment was not implemented by the Dept. of Posts (Para 10.44 ).

It was the Finance Ministry, who disturbed the parity in April,2004 and in Nov,2009 and no action was taken by the Dept. also to set right the discrepancies. In no way, Inspector Posts can be treated lower in comparison with Inspectors in CBDT / CBEC. Historical Pay parity should be maintained and the discrepancy aroused should be settled immediately.

Thanks.

Permanand.

CAT Case regarding IPOs grade Pay, is proposed to be filed on 09.03.2010

2010-03-01T03:20:00.000-08:00

Dear friends,

As we had decided, the the Grade Pay case of IPOs has been discussed with one of the senior Advocate at Ernakulam (Kerala) on 26.02.2010 (Friday) with all the relevant documents. Senior advocate is convinced that we have a valid point and the justice may be sought from the Hon’ble CAT. However, some of the additional documents have been asked by him to strengthen our case, which are listed below :-

(i) Govt. order issued in April,2004 to increase the pay scale of Incepctor Central Excise / Income Tax from Rs.5500-175-9000 to Rs.6500-200-10500.

(ii) Govt. order issued in Sept,2006 to increase the pay scale of Assistant Garde (CSS) from Rs.5500-175-9000 to Rs.6500-200-10500.

(iii) Order ossued by Central Excise / Income Tax Dept. enhancing the Grade Pay of their Inspectors from Rs.4200 to Rs.4600 on the basis of MOF OM No. 1/1/2008-IC dated 13.11.09

(iv) Copy of the OA No. 424/06 and 211/07 filed by Inspectors Posts, Karnatka Circle at CAT, Bangalore bench in 2006-07

(v) Dept. of Posts order accepting Govt. of India order in respect of Para 7.14 of 6th CPC recommendation.

We are trying to get all the documents mentioned above at the earliest. Your cooperation in this regard is requested. Relevant information may be given through email at ipgp4600@gmail.com or at mobile 09349049801. The proposed date for filing the case is 09.03.2010 (Tuesday).

Note: I have resigned from the membership of Circle Working Committee (CWC), Kerala Circle and also from the primary membership of All India Assocition of Inspectors and Asst. Superintendents of Posts on 01.03.2010. This is for information.
Thanks.
Permanand.

CAT Case to be filed in first week of MARCH'10 - Regarding Grade Pay of IPOs

2010-02-18T02:40:00.000-08:00

Dear friends,
As you know, we had given a representation to the Department through proper channel in the last month for GP of Rs.4600 for IPOs. Now the period of one month is over and we have not received any response from the Department so far. Hence, we have decided to move Ernakulam Bench of Hon'ble CAT for justice in the first week of March'10 or as decided by you all. It is requested to collect the Name, designation, mobile no. and the email ID of the officials who are in support of such move. All your suggestions and support are required. Kindly put your remarks in the discussion box available in the blog.

Hoping for your cooperation.
Permanand.

Draft representation to be given to DG through proper channal

2010-01-04T06:02:00.000-08:00

As it is required to give a representation to the department before filing a CAT case, a draft is put up which will be submitted in one or two days.If Suggestion or correction, please send immediately.

Director General

Department of Posts

Dak Bhawan

New Delhi-110001

(Through proper channel)

Respected Madam,

Sub: Request for granting grade pay of Rs. 4600 to the cadre of Inspector Posts.

With due respect, I would like to draw your kind attention towards the non granting of grade pay of Rs.4600 to Inspector Posts whereas analogous posts in CBDT/CBEC as well as Assistants of Central Secretariat Services (CSS) has already been upgraded to Rs.4600 from Rs.4200. Inspector Posts is also eligible for higher grade pay of Rs. 4600 on the following grounds:

1. In the Vth pay commission, the pay scales of Inspector Posts and analogous posts in CBDT/CBEC as well as Assistants of Central Secretariat Services (CSS) were same i.e. Rs.5500-175-9000. Later on, the pay scales of Inspectors in CBDT / CBEC was enhanced in the scale of Rs.6500-200-10500 in April’2004 and subsequently the pay scale of Assistants in CSS was also enhanced in Sept’2006 by the concerned Departments. But the pay scale of Inspector Posts remain unchanged.

2. In this connection I would like to cite the common order of Hon’ble CAT, Bangalore dated 27th July 2007, given in OA No. 424/06 and 211/07 filed by Postal Inspectors of Karnatka Circle (Annexure-I). These OAs were filed seeking the parity in the Pay scale of Inspector Posts and Inspector of Income Tax. Since the Central Government had constituted the VIth Pay Commission to set right the anomalies and to recommend Pay revision in case of Central Government employees, and the said commission had not submitted its report at that time, the Hon’ble CAT disposed these OAs with direction to applicants and Respondents to take up the issue immediately before VI th Pay Commission with the copy of its order.

3. The demand of Parity in pay scales of Inspector Posts and Inspectors and analogous posts in CBDT/CBEC as well as Assistants of Central Secretariat Service (CSS) was approved by the VIth Pay commission and the commission in Para 7.6.14 of its final report, recommended the following :

“Postal Inspectors in Department of Posts have demanded a higher pay scale of Rs.6500-10500 on par with Inspectors and analogous posts in CBDT/CBEC as well as Assistants of Central Secretariat Service (CSS) on the ground that they are recruited through the same examination. 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. With this upgradation , Inspector (Posts) shall come to lie in an identical pay scale as that of their promotion post of Assistant Superintendent (Posts) [ASPOs]. ASPOs 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 along with grade pay of Rs.4600..……… ” (Annexure-II)

The above recommendation was accepted by the Govt. Of India, and the Inspector Posts was given grade pay of Rs.4200 along with Inspectors and analogous posts in CBDT/CBEC as well as Assistants of Central Secretariat Service (CSS).

4. Recently, Ministry of Finance vide OM F.No.1/1/2008-IC dated 13.11.2009, has granted the grade pay of Rs.4600 in the pay band PB-2 in revised pay structure to the posts that existed in the pre-revised scale of Rs.6500-10500 as on 01.01.2006 and which were granted the normal replacement pay structure of grade pay of Rs.4200 in the Pay band PB-2 (Annexure-III). Accordingly, the Grade Pay of Inspectors and analogous posts in CBDT/CBEC are upgraded to Rs.4600. It is to mention that Inspector Posts was brought on par with Inspectors and analogous posts in CBDT/CBEC and pre-revised pay scale of Rs.6500-10500 was given w.e.f 01.01.2006 by Govt. of India as per the recommendation of the VIth pay commission. With this upgradation, ASPOs (Promotion post of Inspector Posts) was placed in the next higher pre-revised Pay scale of Rs.7450-11500, which also proves the claim that the Inspector Posts was placed in pre-revised pay scale of Rs.6500-10500 w.e.f 01.01.2006.

5. In Memo. No. 1/1/2008-IC dated 16th November 2009 of Ministry of Finance, the benefit of upgradation of grade pay Rs 4600/- has been extended to Assistants and personal Assistants of CSS, AFHQ, IFS ‘B’, and Railway Board Secretariat Service and their counterpart Stenographer Services also. The true copy of the same is attached as Annexure-IV. In para 4 of the said OM, it is stated that “ one of the reasons due to which Assistants of Central Secretariat are being granted grade pay of Rs.4600 is the fact that there is an element of direct recruitment to the post and that too through an All India Competitive Examination.” Based on this order, the concerned Departments have issued the order for upgradation. It is a fact that Inspector Posts was brought on par with Assistants in CSS by Govt. of India as per the recommendation of the VIth pay commission, and the Inspector Posts has also the element of direct recruitment to the post and that too through an All India Competitive Examination.

6. Also, HSG –II cadre and BCR officials who are being supervised by Inspector Posts are placed on par by placing them in grade pay Rs.4200 w.e.f 1.1.2006. The principle of supervisor should get more pay than the supervised is to be followed and the level hierarchy should be maintained by placing Inspector Posts in the grade pay of Rs.4600 and above the HSG-II and BCR officials

In view of the above facts, Inspector Posts not only qualifies but deserves to be granted the higher grade pay of Rs.4600. As Assistants in CSS, Inspectors and analogous posts in CBDT and CBEC have already been granted higher grade of Rs.4600, Inspector Posts alone is left behind. In order to keep our morale up, it is necessary to revise the grade pay of Inspector Posts to Rs.4600, otherwise I will be put to irreparable loss and injury.

Hence, it is humbly requested to look into the matter and issue necessary orders to revise the grade pay of Inspector Posts from Rs.4200 to Rs.4600 immediately.

Thanking you, Madam,

Yours faithfully,

( )

Present position of Grade Pay Hike For IP

2009-12-30T20:15:00.000-08:00

I strongly oppose this move of letter compaign started by the Association..This is just a way to kill the time without any result. Is the Association is so helpless ? Are we cannot think of any stong action ? At least we may take action to file a case before CAT. It seems that our GS is trying to mislead us. In the merger proposal given at the CHQ blog, our GS had tried to convince us that the merger is good for us. Where as he is telling different version to the Group "B" officers Accociation. We should realise the fact that he also belongs to that cadre only. A copy of letter issued by Group "B" officers Accociation is attached below. I appeal to all members to unite and fight for the Grade pay of Rs.4600 for IP. We may go to CAT, based on the 6th CPC recommendation and orders of the Finance ministry thereon. Please give your valuable suggestion ans circulate this blog to all concerned.
Thanks.

copy of letter issued by Group "B" officers Accociation
POSTAL OFFICERS ASSOCIATION
CENTRAL HEAD QUARTERS-17/3B,KALI BARI MARG,NEW DELHI 110001
UNITY IS STRENGTH-BE UNITED
e-mail-janardan.Sharma@rediffmail.com,janardan.sharma1952@yahoo.co.in

President: N.V.Sutar, General Secretary: Janardan Sharma
Fiancial & Asst Genl Secretary : Surendra Kumar
09819328330 09868017454 09456210837

Respected Sir,

Here is a proposal of merger of Inspectors and Asst. Supdts. Cadre into one with Grade Pay 4600/- under consideration of the department. Department wants consent of Postal officers Association and All India Association of Inspector and Asst Supdts.

I have discussed with Sh. S. Samuel General Secretary of Inspector and Asst Supdt. who is against the merger and that Association wants Grade pay 4600 for Inspector, 4800 Grade Pay for ASPOs and 5400 Grade Pay in PB-2 for PS Group B w.e.f. 01-01-2006.

Postal officers Association Core committee is likely to meet in New Delhi on 25-12-2009 for consideration of different views and to take some decision.

You are requested to consider following and e-mail your considered views.
1) Whether you are in favour of merger, if yes.
2) Whether IPOs + ASPOs should be merged or ASPOs + PS Group B
should be merged.
3) What should be the consequences of the merger and what would
be the solution there of.
4) What grade pay should be for IPO/ASPO/PS Group B/ JTS etc
5) Any other additional information, which is considered essential?

The matter is very much crucial. Please consult your fellow members in depth and e- mail your reply latest by 24th any time so that the same may be taken into account on 25th.
Thanking you
Yours faithfully
Janardan Sharma
General Secretary

Grade Pay hike for Inspector Posts- Our stand

2009-11-18T05:22:00.000-08:00

Dear Friends,
As you know the Grade Pay of Inspectors in CBDT / CBEC and Assistant Grade has been increased to Rs.4600 form Rs.4200. Ministry of Finance vide order (F.No.1/1/2008-IC) dated 13.11.2009, increased the Grade Pay to Rs.4600 of the Posts thst exists in the pre-revised scale of Rs.6500-10500 as on 01.01.2006. Inspectors in CBDT / CBEC comes under the preview of the said order. As the Assistants Grade post was not in the pre-revised scale of Rs.6500-10500 as on 01.01.2006, a separate order issued by MOF on 16.11.09. In the para 4 of the said order, it is mentioned that " However one of the reasons due to which Assistants of central secretariat are being granted grade pay of Rs.4600 is the fact that there is an element of Direct recruitment to the post and that too through an All India Competitive Examination. With the issue of this Department's O.M of even number dated 13th November,2009, the Grade pay of Rs.4600 has already been introduced in the case of office staff in field offices."

Pay commission had made Inspector Posts at par with Inspectors in CBDT/CBEC and Assistants in CSS. On this basis we can fight in the Department and otherwise in CAT/Court.
We should try to get step by step from the Department. First we should try to get Grade pay of Rs.4600/- for inspectors and after getting Rs.4600/ GP only we can demand GP of Rs. 4800 for ASPOs.We have sufficient ground for GP of Rs.4600 for Inspectors. If we demand all things together, things will be delayed and we will not get any thing. Hence, as per my view, we should now concentrate only on the Grade pay of Inspectors. Hope you will agree with this view.
In case the Department not agrees to hike the Grade pay of Inspectors and the IP/ASP Association doesn't show any visible action (other than Discussion with the Directorate) before 30.11.2009, We will leave the IP/ASP Association on mass level on a particular day fixed by us. We will take action to file our case before CAT. Previous judgement given by Hon'ble CAT, Bangalore Bench will be very much usefull in this regard.
Our IP/ASP Association itself is putting hurdle by demanding hike in Grade pay of all the thrre cadres (IP/ASP/SP) together. What the Groub'B' officers Association is doing ? We are not against their hike, actually it will be beneficial for our future, but it should not disturb our hike in Grade pay.
Please leave your valuable views/ suggestions with respect to our further course of action.
Thanks.
Permanand