Copy of letter of
Shri Permanand posted in "Postal Inspectors Blog for Pay hike" is reproduced
below for information.
Dear Friends,
It is really sad to intimate that
Department of Expenditure, MOF has rejected the demand for grade pay of Rs.4600
to Inspector (Posts) even after the full justification given by Hon’ble CAT
Ernakulam Bench in its order dated 18.10.2011 in OA No. 381/2010 and the good viable proposal submitted by
DoP. The official
rejection letter is yet to be received. However, note sheet of the relevant file
has been received under RTI from DoP.
2. As available in the note sheets
(17/N), the DoP had sent the following proposal with concurrence of IFW and
approval of Secretary (Posts) to Department of Expenditure, MOF:
“The hierarchical difference i.e
non-availability of intermediary cadre like Assistant Superintendent Posts in
CBDT/CBEC and CSS can be resolved by allowing Grade Pay of Rs.4600 to Inspector
Posts in Department of Posts (a GCS Group B Non-Gazetted Post) and retaining its
promotional cadre of Assistant Superintendent Posts (a GCS Group B Gazetted
Post) also in the identical Grade Pay of Rs.4600. In the Accounts cadre, the
cadre of Accounts Officer is in Grade Pay of Rs.5400 in PB-2. Its promotional
post of Senior Accounts Officer is in Grade Pay of Rs.5400 in PB-3 & its
further promotional post of ACAO also in Grade Pay of Rs.5400 in PB-3. This
would not thereby involve upgradation in Grade Pays of Assistant Superintendent
Posts and PS Group B.”
3. MOF has rejected the demand for
Grade pay of Rs.4600 for Inspector (Posts) without examining the above proposal,
and stated the following (written in red
colour):
(I)
There was no specific recommendation in para 7.6.14
to the effect that Inspector Post are granted Pre-revised pay scale of Rs.
6500-10500.
(It seems that MOF has not gone through
the para 26 of Hon’ble CAT order dated 19.10.2011 in OA No. 381/2010, wherein
the import of the observation of the Pay Commission has been clearly mentioned.
Moreover, as mentioned in para 7.6.14 of 6thCPC report “…………With this upgradation, Inspector (Posts) shall come to lie
in an identical pay as that of their promotional post of Assistant
Superintendent (Posts) [ASPOs]. ASPOs shall, accordingly, be placed in the next
higher pay scale of Rs.7450-11500………….”)
(II) Inspectors in
CBEC/CBDT were placed in the scale of Rs.6500-10500 w.e.f 21.04.2004 i.e prior
to 6th CPC by an executive order of the Govt. keeping in view of
their parity with Inspectors of CBI/IB and court directions of CAT Jabalpur
Bench. Further, Asstts. Of CSS have also been granted the pay scale of
Rs.6500-10500 w.e.f 15.09.2006 on the basis of their traditional parity with
Inspectors CBEC/CBDT. Further, it was the conscious decision of the Govt. to
keep Asstts. In CSS/Inspector and analogous post in CBEC/CBDT in the higher
pre-revised scale i.e Rs.7450-11500/- considering their pre-revising
relativities, hierarchical structure, mode of recruitment etc. The mode of
recruitment was not the only criteria as contended by the applicants in the
OA. In various cases, Apex Court also opined that wholesale identity between
two groups would involve matters relating to nature of work, educational
qualification, mode of recruitment, experience etc.
(The details of the basis for
increase from Rs.5500-9000 to Rs.6500- 10500 for Inspectors CBEC/CBDT w.e.f
21.04.2004 and for Assistants in CSS w.e.f 15.09.2006 along with the note
sheet of the relevant file have been asked from MOF under RTI. Also, Documents
available for establishing the “Traditional Parity” / wholesale identity between
Inspectors CBEC/CBDT and Assistants in CSS have asked. MOF Response is awaited.
Further, wholesale identity should be decided by the Expert body i.e Pay
Commission. 5th & 6th CPC had rightly did so for
Inspector (Posts) and granted equal pay scale/ grade pay to that of Inspectors
CBDT/CBEC and Assistants in CSS. Apex
Court in the case of State of West
Bengal v. West Bengal Minimum Wages Inspectors Association, (2010) 5 SCC 225
wherein it has been stated as under:-
"23.
It is now well settled that parity cannot be claimed merely on the basis that
earlier the subject post and the reference category posts were carrying the same
scale of pay. In fact, one of the functions of the Pay Commission is to identify
the posts which deserve a higher scale of pay than what was earlier being
enjoyed with reference to their duties and responsibilities, and extend such
higher scale to those categories of posts.")
(III) It is pertinent to
mention here that the OM dated 13.11.2009 and 16.11.2009 came into existence as
a result of demand from various quarters of Govt. seeking upgradation for
pre-revised scale of Rs.6500-10500 due to functional requirement.
However, hierarchical structure of Inspector Posts does not demand such
functional requirement, as post of ASP in the scale of Pay of Rs.9300-34800 GP
of Rs.4600/- PB-2 corresponding to the pre-revised scale of Rs.7450-11500 still
exists, even after implementation of 6th CPC.
(Regarding the hierarchical
differences, a viable proposal was submitted by DoP wherein it was clearly
mentioned that the hierarchical difference i.e. non-availability of intermediary
cadre like Assistant Superintendent Posts in CBDT/CBEC and CSS can be resolved
by allowing Grade Pay of Rs.4600 to Inspector Posts in Department of Posts (a
GCS Group B Non-Gazetted Post) and retaining its promotional cadre of Assistant
Superintendent Posts (a GCS Group B Gazetted Post) also in the identical Grade
Pay of Rs.4600. The example of AO, Sr. AO & ACAO was also given in the
proposal. But, MOF overlooked the same.)
(IV) Since Inspector Post
have come in the Pay Scale of Rs.9300-3400 GP of Rs.4200/- PB-2 corresponding to
pre-revised scale of Rs.6500-10500, the hierarchical posts in their cadre i.e
ASP and SP had to be placed in the GP OF Rs.4600/- and Rs.4800/- respectively to
maintain the relativity in the cadre. Moreover, the scale of other similarly
placed posts i.e Asstt. Manager and Manager in mail Motor Service were also
placed in the GP of Rs.4600/- and Rs.4800/- respectively. In case the demand of
Inspector Posts for GP of Rs.4600/- is accepted, it will have cascading
effect involving huge financial implications. Also, the demand for
upgradation from similarly placed posts in Mail Motor Service etc. will arise
immediately.
(In the proposal, it was clearly
mentioned that this would not involve upgradation in Grade Pays of Assistant
Superintendent Posts and PS Group B. Asst. Manager & Manager, Mail Motor
Service are placed in the Grade pay of Rs.4600 & Rs.4800 respectively. Hence
the imagination of MOF that In case the demand of Inspector Posts for GP of
Rs.4600/- is accepted, the demand for upgradation from similarly placed posts in
Mail Motor Service etc. will arise immediately, is hypothetical. Further, while
submitting the proposal, DoP had given the figures for financial implications
and for Inspector (posts), it is Rs. 1.01 crores only. Hence the ground that in
case the demand of Inspector Posts for GP of Rs.4600/- is accepted, it will have
cascading effect involving huge financial implications, does not hold any
ground.)
(V) The duties and
responsibilities assigned to Assistant of CSS and Inspector, CBDT/CBEC are quite
different from Inspector (Posts). There is no comparison between Assistants CSS
& Inspector CBDT/CBEC and Inspector (Posts). They are performing different
duties in their respective cadres.
(As a matter of fact, the duties and
responsibilities assigned to different cadres in different Department /
Ministries will be different and after comparison only, specific pay scale/grade
pay is given to particular cadres by the expert bodies i.e Pay Commission. The
details regarding comparison of “Duties & Responsibilities” of Inspectors
CBDT/CBEC and Inspector (Posts) have been asked from MOF under RTI.
Further, Para 30 of CAT Ernakulam
Bench Order dated 19.10.2011 in OA No. 381/10 reproduced below:
“This Tribunal need not have to labour
more to arrive at the finding that the functional responsibilities of the
Inspector (Posts) are certainly onerous and evidently, it is on the basis of
adequate justification that the successive Pay Commissions have appreciated the
need to revise the pay scale of Inspector (Posts).”
4. It is very much clear from the
grounds given by MOF that they were pre-determined not to allow Grade Pay of
Rs.4600 to Inspector Posts in any case and they simply overlooked the full
justification given by the Hon’ble CAT Ernakulam Bench and also the good viable
proposal given by DoP. It can also be seen that the matter was disposed first
time at the level of Jt. Secretary even after the clear instruction from Hon’ble
CAT to re-look in the matter at the level of Secretary. It is also evident form
the notings of the DoP at 28/N, which is reproduced below:
“Views taken by Ministry of Finance, Department of
Expenditure contains neither any details of examination of the proposal made by
this Department on 17/N nor reasoning based on which the proposal was
admitted/rejected.”
5. Accordingly the file was
re-referred to the Department of Expenditure, MOF. However, Department of
Expenditure, MOF returned the file stating that:
“The
matter has been examined in this Deptt. and AM is advised to issue a reasoned
speaking order rejecting the claim of the applicants on the grounds indicated in
U.O note dated 28.05.2012.
This issues with the approval of
Finance (Secretary).”
6. Our case for upgradation
of Grade pay of Inspector (Posts) to Rs.4600 under OA No. 381/2010, had already
been considered by Hon’ble CAT Ernakulam Bench within the parameters prescribed
by the Apex Court in respect of the powers of the Tribunal in dealing with
the fixation of Pay scale and had viewd that :
(a) The decision of the Ministry of
Finance does not appear to have taken into account the clear recommendation of
the Sixth Pay Commission nor for that matter the full justifications given by
the Department of Posts.
(b) The Tribunal is of the
considered view that there is no justification in denying the Inspector (Posts)
the higher Grade Pay of Rs 4600 when the same is admissible to Inspectors of
other Departments with whom parity has been established by the very Sixth Pay
Commission vide its report at para 7.6.14 extracted above. The Ministry of
Finance has to have a re-look in the matter dispassionately at the level of
Secretary keeping in view the aforesaid discussion.
7. From the documents received under
RTI, the rejection of our demand of Grade pay of Rs.4600 for Inspector (Posts)
has been disclosed. However, we may wait for the official rejection letter.
Further, we wish to move to High Court at the earliest, to get
Justice.
Views and comments are
requested, so that we may move further.
Thanks.
Permanand
Source : http://ipaspandhra.blogspot.in/
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