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 ).
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). Dept. of Posts accordingly amended the Recruitment Rules for Inspector Posts in 2001.
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.
Your advocate is not known the term 'existing scale'mentioned in the definition of CCS(RP)2008. If MOF OM dated 13-11-2009 specifically used this word as 'existing scale of Rs.6500-10500' it is true by your advocate. Otherwise your advocate's concept is wrong in my opinion.
ReplyDeleteDear Permanand,
ReplyDeleteI still strongly believe that the advocate is mis-interpreting the word pre-revised in the MoF order dated 13.11.09. Please read carefully the 3rd & 4th paras of the order which I have reproduced below:
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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 corresponding to the pre-revised scale of Rs.7450-11500 w.e.f.1.1.2006. Further, in terms of the aforementioned provisions of CCS (RP) Rules, 2008, in case 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.
Accordingly, in terms of Rule 6 of CCS (RP) Rules, 2008, revised pay of Government servants in the pre-revised scale of Rs.6500-10500 who were earlier granted grade pay of Rs.4200 and who have already exercised their option for drawal of pay in the revised pay structure in the format prescribed in the Second Schedule to the Rules, will be fixed again in accordance with illustration 4A annexed to CCS (RP)Rules,2008.
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The para itself starts with the phrase, "Consequent upon the notification of CCS (RP) Rules, 2008", which means that whatever scales we are getting now is the revised pay and the one, based on which our present scales are fixed, are the pre-revised.
It is further clarified by this sentence in 4th para - "revised pay of Government servants in the pre-revised scale of Rs.6500-10500 who were earlier granted grade pay of Rs.4200". Please note the word REVISED used in this para, which means the present pay scales, making it more than clear that whatever scale we were placed on 01.01.2006 is the PRE-REVISED.
If possible, please consult some other advocate and see how he interprets this order.
Already we have been denied what is due for us, due to various reasons.My only concern is that we should not mis-interpret a clear order to our disadvantage.
I think even MoF itself would have not thought of such meanings for the words in that order. If that is their intention, they would have worded it as "those in the pre-revised scale before 01.01.2006".
If the CAT asks for some reference from MoF in this regard, then it may make MoF think in this angle and may even confirm it as an afterthought, as only the Postal Inspectors are on the receiving end always, completely wiping out our chances of getting parity with other Inspectors.
Please dont feel offended by my repeated views in this regard. I only want you to be successful in the first attempt itself, without any unnecessary delays in getting a favourable judgement.
Now see IP/asp Karnataka blog and DOPT has given clear clarification for grant of GP of Rs.4600/- to IPs (i.e)fixation of new pay w.r.to 5500-9000 scale and then adding rs.4600/- as GP. Please put this also while filing CAT case.
ReplyDeleteDear Permanand,
ReplyDeleteMr. Mahesh is correct. There appears wrong interpretation.Please consult other advocates before finalising the CAT case.
Thanks
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ReplyDeleteI appreciate the views of Mr. Mahesh. In this regard the Gazette notification No. 470 dated 29.08.2008 ( Dept. of Expenditure Notification) may kindly be seen, which is termed as CCS(RP) Rules,2008. In the section II of Part B, of the said notification, the Present Scale, Revised Pay Scale, Corresponding Pay Band and Grade Pay are shown. On the page 51, the Present Scale of ASPOs, under Ministry of Communication, is shown as Rs.6500-10500 and the Revised Pay Scale is shown as Rs7450-11500 also the corresponding Pay band and Grade Pay are shown as PB-2 and Rs.4600 respectively.
ReplyDeleteHowever, there is some differences in the Gazette Notification No. 304 ( Govt. Resolution accepting Pay commission recommendation) dated 29.08.2008 and Gazette Notification No. 470 (CCS(RP) Rules,2008) dated 29.08.2008 . In the Resolution, accepting the Pay commission recommendation, the Revised Pay scales are given(Page 33) under the heading Present Scale, Revised Pay Scale recommended by the 6th CPC and the Revised Pay structure. For the Present Scale of Rs.6500-10500 (S-12), the Revised Pay Scale recommended by the 6th CPC is shown as Rs. 8700-37800 and the Revised Pay Structure is shown as Rs. 9300-34800. Hence, it may be presumed that whatever scale given in old Pay scale is Pre-revised only, as there are only four Revised Pay Scales Rs.5200-20200, Rs.9300-34800, Rs.15600-39100 and Rs.37400-67000. I agree that we should include our claim under the MOF OM dated 13.11.09 along with our Parity claim with the Inspectors in CBDT / CBEC.
We will fight on the basis of Para 3 and 4 of the MOF OM dated 13.11.09. In our OA we will state that IPOs pay scale was upgraded to the Pre-revised Pay scale of Rs.6500-10500 w.e.f 01.01.2006 and the corresponding pay scale of Rs.9300-34800 in the Revised Pay scale, with Grade pay of Rs.4200 was given. Hence Pre-revised Pay scale of Inspector Post as on 01.01.2006 was Rs.Rs.6500-10500 and thus Inspector Posts also comes under preview of MOF OM dated 13.11.09.
As I mentioned earlier, since the wordings are ambiguous, we should not rely only on one point. For that reason , we are stressing on other points also.
Thanks again for such constructive suggestions.
Permanand.
what is the Blog ID of IP/ASP Karnatka Circle ? Information given by Shri N.Murli, ASP(HQ), Chennai City North Dn. (on March 23, 2010 8:58 PM) may please be clarified.
ReplyDeleteThe comment given by Mr. Permananda is very clear.Mr. Mahesh should respond to this.
ReplyDeleteYes teh comment of Permanand is very clear. Mr. Mahesh pl. comment on this. Where is Karnatak IP/ASP Blog?
ReplyDeleteThe 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, has been downloaded and kept on record. In the clarification, 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.”
ReplyDeleteThe 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.
Thanks.
Permanand.
The second para of your advocate is totally wrong because the GP 4600 and the fixation in the pre-revised higher scale(7450-11,500) was given only to the pre-revised 5500-9000 as per OM w.e.f. 1.1.2006. I have the fixations done by many Ministries and the statement of arrears drawn by them from January, 2006. I repeat here that GP4600 is not given to pre-6500-10,500 for them already given GP4800 in the field office. Please don't get confused, because one of your wrong statement may spoil the benefit being enjoyed by cadres in many Ministries.
ReplyDeleteI want to know that what basic has been fixed for the employees who got ACP on 01.01.2006 as Assistant after 24 years of contine service. Please clarify the same as the pay of many employees has not fixed till date. Orders are for employees who got ACP/promotion after 01.01.2006 got pay fixed in the pre revised pay scale 7450-225-11500 and there is no clarification for the employees who got ACP/promotion on 01.01.2006.
ReplyDelete