sac-isro sc/st employees’ welfare › pdf › circular_21072016.pdf · store keepers of all india...

Representation vide Order dated 10.06.2016 passed in OA No. 381/ 2012 passed by the

Hon’ble CAT, Ahmedabad

To Dt.19.07.2016 The Hon’ble Secretary, Department of Expenditure, Ministry of Finance, North Block, New Delhi-110 001 Sub: Regarding submission of representation in the light of direction of the

Hon’ble CAT, Ahmedabad Bench, Ahmedabad vide Order dated

10.06.2016 passed in OA No. 381/2012 (Ms. Malini Navin Mehta & Ors

Vs. UOI & Ors) in the matter of grant of Grade Pay of Rs. 4600 in PB-2 to

the HC/Assistant of AIR & Doordarshan on par with similarly placed

Assistant/PA of CSS and Department of Space and other filed offices.

Respected sir, With regard to the captioned subject, it is humbly stated that a case

bearing OA No. 381/2012 (Ms. Malini Navin Mehta & Ors. Vs. UOI & Ors.) was

filed before the Hon’ble CAT, Ahmedabad Bench, Ahmedabad. It is further

stated that after hearing both the rival submissions of the Learned Counsels,

the Hon’ble CAT, Ahmedabad passed the following operative direction vide

Order dated 10.06.2016:-

“8. Although the case is nearly identical to the one dealt with in OA no.

208/2012, it is noticed that the Department of Expenditure, Ministry of

Finance are the authority to decide on the issue but they have not been

arraigned as respondents. Hence, we direct respondent no. 1 to take up the



demands of the applicants with the Ministry of Finance and communicate its

final decision to the applicant. The applicants for this purpose will file a fresh

representation within one month of receipt of this order and respondent no.

1 will communicate their final views on the subject within three months after

getting necessary orders of Department of Expenditure, Ministry of Finance.”

Photocopy of certified copy of Order dated

10.06.2016 passed in OA No. 381/2012 is

enclosed herewith and marked as

Annexure-1.

In order to appreciate the lawful demand/main relief in true perspective,

as prayed for in the OA No. 381/2012, the succeeding factual matrix is brought

to your humble notice and records:-

1. That, at the very out set, the applicants would like to draw your kind and

humble attention towards the genesis of the pay parity of the applicants

on par with Assistants of CSS. The fact remains that the Ministry of

Information and Broadcasting, New Delhi vide OM dated 04th August

1997 had recommended the pay scale of Rs. 1640-2900 (Pre-revised)

(Revised scale being Rs. 5500-9000) to the Head Clerk/Accounts/Sr.

Store Keepers of All India Radio and Doordarshan holding therein in

para-2 that “The matter has been examined in this Ministry with regard

to the Head Clerk and Office Superintendent Level II in All India Radio

and Doordarshan. After goring through the list of duties assigned to

the above categories of staff in All India Radio and Doordarshan

(Annexure-II). It is felt that they have been performing supervisory



duties. This is also evident from Col. 9 (Pt.III) of the CR format in

respect of Head Clerks/Accountants/Senior Storekeepers (Annexure-

II).”

Photocopy of OM dated 4th August 1997 is

enclosed and marked as Annexure-2.

2. That in furtherance of the aforesaid recommendation, the applicants

Association had moved before the Hon’ble CAT, Principal Bench, New

Delhi by filing OA No. No. 469/2003 for the grant of pay scale of Rs.

5500-9000 at par with Assistants of CSS.

3. it is admitted fact the Respondent Department had granted the pay

scale of Rs. 5500-9000 to the applicants (All UDCs in the pay scale of

5500-9000 under ACP Scheme) and the Assistants/Head Clerks/

Storekeepers of Doordarshan and All India Radio on par with the Central

Secretariat Services in compliance of Order passed in OA No. 469/2003

by the Hon’ble CAT, Principal Bench, New Delhi duly upheld by the Apex

Court. It is reasserted that the said pay scale was granted to the

applicants and the Assistants/Head Clerks/Storekeepers of Doordarshan

and All India Radio on part with the Assistant of Central Secretariat since

these posts are of supervisory in nature.

Photocopy of certified copy of Order

passed in OA No. 469/2003 and

compliance order are enclosed and

marked as Annexure- 3 series.



4. That it is also an admitted fact that all the similarly situated Assistants

including the applicants as well as Assistants of CSS who were in the pre-

revised pay scale of Rs. 5500-9000 as on 01.01.2006 was granted the GP-

Rs. 4200 consequent upon the implementation of the 6th CPC.

5. That it is further stated that subsequently the Assistants of CSS/Non-

CSS/Autonomous Bodies were granted GP- 4600 vide OM dated

13.11.2009 and 16.11.2009 of Department of Expenditure.

6. That it is most pertinent to mention here that the said GP-4600 was

granted on the twin grounds that the Assistants of CSS/Non-

CSS/Autonomous Bodies were holding and performing supervisory

nature of duties and responsibilities and the element of Director

Recruitment through All India Open Competitive Examination which is

apparently evident from the file noting of above letters dated

13.11.2009 and 16.11.2009.

Photocopies of OM dated 13.11.2009

and 16.11.2009 including file noting are

enclosed herewith and marked as

Annexure- 4 and 5 series.

7. That notwithstanding the aforesaid facts vide para-4 above, it is further

to state that various other Departments/Autonomous Bodies/CAT etc.

have also granted the GP-4600 to the employees not falling under the

purview of supervisory posts which is evident from the Statement/Chart.

Photocopy of chart is enclosed herewith

and marked as Annexure-6.

8. That it is additionally most pertinent to mention here that the non-CSS

Assistants working in Prasar Bharati, DG:AIR, DG:Doordarshan on

deputation basis and Press Council of India (PCI) are also getting GP-



4600 which is non-supervisory post. It is further submitted that he PCI

and the Prasar Bharti are under the Administrative control of the

Ministry of Information and Broadcasting.

Photocopy of RTI reply is enclosed and

marked as Annexure-7.

9. That it is also to bring to your humble notice that the Apex Court in SLP

No. 33048/2011 (from the judgment and order dated 24.11.2010 in WPC

No. 27155/2009 of the High Court of Madras) had held that “when two

posts under two different wings of the same Ministry are not only

identical but also involve the performance of the same nature of

duties, it will be unreasonable and unjust to discriminate the two in

the matter of pay.”

Photocopy of order dated 24.11.2010 is


10. That, accordingly, the Prasar Bharati came out with a letter no. Misc.-

1/330/2012-PPC dated 18.06.2015 and, inter-alia, upgraded the pay

scale of the applicants to the pre-revised pay scale of Rs. 6500-10500.

Photocopy of letter dated 18.06.2015 is


11. That, thereupon, the respondent department granted GP-4600 to the

applicants and other the Assistants/Head Clerks/Storekeepers of

Doordarshan and All India Radio and, accordingly, the pay was re-fixed in

the said GP-4600. The Pay and Accounts Office (NER), Doordarshan,

Guwahati also issued authority of pension based on this re-fixation in

GP-4600. A few copies of re-fixation of pay dated 13.07.2015,

24.06.2015 and pension settlement are appended herewith for kind

perusal and record.



Photocopies of re-fixation of pays and

pension settlement are enclosed and

marked as Annexure-10 series.

12. That it is stated that recently DG, All India Radio has issued order

No.23/1/2014/S-VI (Vol.II)/602 dt. 24.11.2015 regarding parity of Hindi Staffs of AIR

with Hindi Staffs of Central Secretaries Official language Services (CSOLS) in

Compliance of Decision dated 14.8.2014 in OA No.2777/2014 and CP No.336/2015.

of CAT, PB, New Delhi. Moreover, the similarly placed employees including the

applicants have yet been denied the same benefit.

Photocopies of order dated 24.11.2015 is


13. That the Accountant of Subordinate (Not belonging to CSS cadre) office is granted

GP-4600 which is in Pre-Revised 5500-9000 as on 1.1.2006 in Dept. of Law and

Legal Authority. It is important to state that initially the DOE had denied the grant of

GP-Rs. 4600 on two occasions viz. on 14.04.2012 and 11.03.2013 on the plea that

the post of Accountant did not belong to the CSS and the post also did not cover the

OM dated 16.11.2011 but eventually in compliance of order dated 05.12.2014

passed in OA No. 2206/2013 the Accountant of Subordinate (Not belongs to CSS

cadre) office was granted GP-4600 which is in Pre-Revised 5500-9000 as on

1.1.2006 similar to the applicants. The Hon’ble CAT vide OA No.2206/2013

dt.5.12.2014 directed the Respondents to grant GP-4600/- to Accountants working in

Dept. of legal Affairs, Ministry of Law (even taken into account that their

Accountants are not treated as CSS Cadre). Moreover, the similarly placed

employees of AIR and Doordarshan including the applicants have yet been denied

the same benefit.

Photocopies of the implementation/fixation order of

Ministry of Law & Justice vide No.A-24011/39/2009-

Admn.CAS-78 dated 8th September, 2015 is enclosed

and marked as Annexure-12 series.



14. That it is further sate that in WPC, HC, No. 116/2013 judgment dated 6.9.2013,

Sh.Kaushik Paik and UOI held that “Court Noticed that the respondents position is

further assailable by the fact that other Non-CSS such as CIC, Planning

Commision,CRPF,CEC and CAT itself had shown the readiness/willingness to

provide for higher Pay Scale as has been sought for by the petitioners in this case

Indeed, similar officer, employees above the rank and status of Assistant including

section Officer are not members of any CSS cadre. The Petitioners therefore

cannot be discriminated for this reason,

Photocopies of order dated 09.06.2013 is enclosed

and marked as Annexure-13.

15. That it is pertinent to mention here that recently the Hon’ble High Court, Delhi vide

Order dated 02.05.2013 passed in WP(C) no. 6522/2012 and WP (C) No. 6751/2012 has

granted the benefit of GP-Rs.4600 to the Personal Assistant, Judicial Assistant, Junior

Translator and Assistant Librarian who do not belong to the CSS cadre. It is also not out

of place to mention here that the Delhi High Court in WPC No 4606/2011 Judgment dated

14.10.2014.DGOF v/s UOI also granted GP-4600 to Non –CSS Assistants, the Learned

CAT, Jaipur in OA No. 291/00620/2014 dated 29.10.2015 has given direction to grant

GP-4600 to Non- CSS Assistant and the Learned CAT, Chandigarh in OA No. C-

PB/1/141/2014-LC dated 2.12.2014 has given direction to grant GP-4600 to Non- CSS

Assistant.

Photocopies of order dated

02.05.2013 & other judgments are

enclosed and marked as Annexure-

14 series.

16. That it is also stated that in column No.4 of the O.M. vide F.No.1/1/2008-IC

dtd.16/11/2009 in connection with granting the Grade Pay of Rs.4600/- to Assistant of

CSS cadre which is reproduced below-



i.e. With the issue of this Department’s OM of even number dated 13th

November, 2009, the Grade Pay of Rs.4600/- has already been

introduced in the case Assistants of Office Staff in Field Offices.

In addition to the above, the Assistants of various departments which are

not participating in CSS/CSSS cadre and similarly several autonomous bodies

have granted Rs. 4600/- to the Assistants working in them. The Details are

mentioned below for ready reference.

17. That the Central Vigilance Commission vide Chapter 7.54 Para 7.54.4 held that

“The ministerial staff in CVC has demanded parity with similarly placed posts in

Central Secretariat Service and Central Secretariat Stenographers service. The

Commission has separately recommended full parity between all such posts

whether in field officer or in secretariat or whether belonging to CSS/CSSS or

otherwise. This will meet the instant demand of ministerial staff in CVC.”



18. That it is relevant to bring to your humble notice that various Ministries while

granting the GP-Rs.4600, maintaining parity with the CSS/CSSS, held as under:-

(i) Ministry of Urban Development (Land and Development Office)

vide Chapter 7.16 Para 7.46.0 held- “Parity with CSS/CSSS has

been demanded. The Commission is recommending parity between

field offices and secretariat which will address the demand.”

(ii) Ministry of Textile vide Chapter 7.43 Para 7.43.8 held “Parity

between various ministerial and stenographic posts in the field and

secretariat offices has been demanded. This issue has already been

covered therein shall apply in this Ministry as well.”

(iii) Ministry of Tourism vide Chapter 7.44 Para 7.44.5 held “ Higher

scale of Rs.6500-10500 has been sought for the posts of Assistant

(non Gazetted Group B) and Sr. Stenographer (non Gazetted Group

B) which are presently in the scale of Rs.5500-9000. The commission

is separately recommending merger of the pay scales of Rs.5000-

8000, Rs.5500-9000 and Rs.6500-10500. No specific

recommendation, therefore, necessary in this regard.”

(iv) CAT – Chapter 7.32 Para 7.32.15 held “ Assistants and

Stenographers in Central Administrative Tribunal have demanded pay

scale on par with Assistants and Stenographers in CSS and CSSS.

The commission has already recommended parity between similarly

placed posts in the field offices and secretariat. This will address the



instant demand. No separate recommendation is, therefore,

necessary in the case.”

(v) Ministry of HRD – Chapter 7.32 Para 7.32.4 held “Pay scale on par

with that of Assistants in Central Secretariat Service has been sought

for the past of Assistant in Lal Bahadur Shastri National Academy of

Administration (LBSNAA). The post is presently in the pay scale of

Rs.5500-8000. The Commission has already recommended parity

between similarly placed posts in the field offices and the secretariat in

Chapter 3.1. The recommendations will apply in this case as well.”

(vi) Ministry of Parliamentary Affairs – Chapter 7.31 Para 7.31.3 held

“Ministry of Parliamentary Affairs is not a participating office of Central

Secretariat Service. The ministerial employees have demanded parity

with similarly designated posts in Central Secretariat Service and

Central secretariat Stenographers Service. The Commission has

separately recommended full parity between all such posts, whether in

field offices or in secretariat, or whether belonging to CSS/CSSS, or

otherwise. This will meet the instant demand of ministerial staff in this

ministry.

(VII). Ministry of Earth Sciences – Chapter 7.12 Para 7.12.3 held- “Parity

of Assistant in field organizations with those in Central Secretariat

Service has been demanded. The Commission has ready considered

this issue in chapter 3.1. The recommendations contained therein shall

apply in this case as well.”



(VIII) Ministry of Law and Justice– Chapter 7.24 Para 7.24.4 held “Higher

scale of Rs.6500-10500 has been sought for Senior Printing Assistants. The

post is presently in the pay scale of Rs.5500-9000 and will automatically be

placed in the higher scale of Rs.6500-10500. No separate recommendation

is necessary.” And, Chapter 7.24 Para 7.24.13 “Personal Assistants

(Regional Language) in Official Language wing of Legislative Department have

demanded the pay scale of Rs.6500-10500 on par with Personal Assistants of

Central Secretariat Stenographers Service. The commission has separately

recommended merger of the pre-revised pay scales of Rs.5000-8000,

Rs.5500-9000 and Rs.6500-10500. This will automatically ensure placement of

Personal Assistants (Regional Language) in PB@ pay band of Rs.8700-34800

along with a grade pay of Rs.4200/- corresponding to the pre-revised pay scale

of Rs.6500-10500. No Specific recommendations on this account are,

therefore required.”

(IX) Ministry of Agriculture– Chapter 7.1 Para 7.1.8. “Higher pay scales have

been demanded for various ministerial posts in Central Institute of Coastal

Engineering for Fishery. The Commission has already recommended parity

between headquarter organizations and field offices in chapter 3.1.

Recommendations made therein shall apply to these posts as well.”

(X) Ministry of Civil Aviation– Chapter 7.3 Para 7.3.8 “The Commission has

recommended parity between various analogous posts in the Secretariat and field

offices. This will ensure that pay scales of all these posts come on part with

similarly placed posts in the Secretariat including those belonging to the various

services of Central Secretariat. No special dispensation is, therefore

necessary in their case.”



(XI) Ministry of Industry & Commerce– Chapter 7.5 Para 7.5.9 “Assistance in

various field have demanded parity with Assistants of Central Secretariats

Service. This issue has been covered by the Commission in Chapter 3.1. The

recommendations contained therein will apply in this case as well.”

(XII) Ministry of Corporate Affairs – Chapter 7.8 Para 7.8.5 “Assistants

and Stenographers working in MRTP Commission have demands pay scales on

par with those existing for similarly designated posts in CSS and CSSS. The issue

has already been covered in Chapter 3.1.”

(XIII) Ministry of Culture – Chapter 7.9 Para 7.9.6 and 7.9.7 “Ministerial

cadre in ASI has demanded parity with Central Secretariat personnel. The

Commission had already recommended parity between field organizations and

secretariat in Chapter 3.1 of the report. The recommendations will apply in this

case as well. Employees of Archaeological Survey of India have demanded pay

scales on par with their counter parts in Central Secretariat. Parity between

headquarters organisations and field staff has already been recommended in

Chapter 3.1. No specific recommendation is therefore, necessary.”

(XIV) Ministry of Defence – Chapter 7.10 Para 7.10.15 “Insofar as the post

of Assistant in concerned the Commission has already recommended parity

between similarly placed posts in field and secretariat offices.

(XV) Ministry of External Affairs – Chapter 7.14 Para 7.14.3 “Ministry of

External Affairs does not participate in the Central Secretariat Services Scheme.

However, parity has always existed between the officials working in this Ministry

and those working in other Ministries that participate in the Central Secretariat

Service Scheme. The Government had upgraded the pay scales of Assistants in

Central Secretariat Service and also introduced the pay scale of Rs.8000-13500



for Section Officers of that service. The Commission had separately

recommended full parity between Secretariat and Field Officers. This will naturally

entail parity between various Secretariat offices irrespective of whether they

participate in the Central Secretariat Services Scheme Or not.”

(XVI) Ministry of Finance (Deptt. Of Economic Affairs)– Chapter 7.15

Para 7.15.3 “The Post of Assistant (Excluded) exist in the Budget Division of

Department of Economic Affairs. The Post do not belong to the Central Secretariat

Service. The post of Assistant (Excluded) is in a lower scale of Rs.5500-9000. It

has been proposed that the post of Assistant (excluded) should be given the pay

scale of Rs.6500-10500 on par with Assistants of Central Secretariat Service.

Insofar as the post of Assistant (Excluded) is concerned, it will automatically be

placed in the scale of Rs.6500-10500 corresponding to the revised pay band PB-2

of Rs.8700-34800 along-with grade pay on account of restructuring of the pay

scales being recommended by the Commission.”

(XVII) Ministry of Urban Development– Chapter 7.46 Para 7.46.40 “Parity

with CSS/CSSS has been demanded. The Commission is recommended parity

between field offices and secretariat which will address this demand.” Moreover, A

statement showing recommendation the names of the Depatments/Autonomous

and Statutory bodies where Grade Pay of Rs.4600/- has already been granted on

the same analogy as per the of 6th CPC/Court directions is given below for your

reference.

Name of

Deptt./AB/

SB

Grade

pay as

on

1.1.2006

as per

Recruiting

Agency

% and

mode of

Recruitme

nt

Whether

Post of

Asstt. Is

Superviso



6th CPC ry or not

Press

Council of

India (Min.

of I&B)

4600 SSC 50% by

Promotion

25% by DR

25% by

LDCE

NO

Indian

Council of

Medical

Research

4600 OWN

Level

50% by

Promotion

25% by DR

25% by

LDCE

NO

Indian

Council of

Agricultural

Research

4600 ASRB 80% by

Promotion

10% by DR

10% by

LDCE

No

Dept. of

Atomic

Energy

4600 NA 25% by

Promotion

NO DR

QUATA

75% by

No

National

Human

Rights

Commission

4600 OWN

Level

50% by

Deputation

/Transfer

50% by

transfer on

deputation

Failing

which DR

No

National

Informatics

Centre

4600 SSC 50% by

Promotion

25% by DR

25% by

LDCE

No

You may kindly be aware that due to formation of Prasar Bharati being a

Autonomous Body, the Pay Commission had not included his report whereas,

through Amendment of clause 11, all employees of Prasar Bharati those are



joined upto 05/10/2007 will be treated as Government Employees and entitled all

consequential pay financial benefit equal to all Central Government Employees.

And, the Head clerk/Assistants working in Prasar Bharati have not been extended

the Grade Pay of Rs. 4600/- on par with the Assistants of the other Central

Government Departments inspite of the clear cut recommendation of the VI Pay

commission and the acceptance of the same by the government. We are bringing

further materials to your kind attention for better appreciation of the issue

comprehensively. The Sixth pay commission has recommended absolute parity

among the Assistants of Central Secretariat and subordinate offices. We extract

the relevant recommendation of the VI CPC for ready reference.

(XVIII) Philosophy and the Guiding Principal: Chapter-1.2 Para 1.2.18 “Parity between

field offices and secretariat has been proposed as, in Commission’s view, equal

emphasis has to be given to the field offices in order to ensure better delivery.”

Accordingly the Commission has recommended as follows:

HQ Organisation in GOI & Staff in field offices: Chapter-3.1 Para 3.13

“Higher pay scales in the Secretariat offices may have been justified in the past when

formulation of proper policies was of paramount importance. However the time has come

to grant parity between similarly placed personnel employed in field offices and in the

Secretariat. This parity will need to be absolute till the grade of Assistant.”

You may kindly be aware that parity between Central Secretariat and subordinate

offices has been continuously under the consideration of the various pay commissions.

Actually the previous pay commissions particularly the Fourth and Fifth Pay Commission

had given attention for rationalizing the pay scales. A careful reading of the relevant



recommendation of the VI CPC will show that part from recommending parity on a sound

reasoning the Commission has observed that the “time has come” to grant parity

thereby proving that this recommendation is only a consummation of the work undertaken

by the earlier pay Commissions in this regard.

In addition to the above the Commission has recommended Rs. 6500-10500 to the

Assistants on par with Assistants of the Central Secretariat. Similarly, several

autonomous bodies have granted G.P. of Rs.4600/- to the Assistants.

Moreover, that this recommendation to grant parity was included in the “Highlights

of the Pay Commission Report” goes to show the importance attached to the same.

Even the Implementation cell of the Dept. of Expenditure has acknowledged this aspect

while processing the case for granting Rs.4600/- to Assistants of Central Secretariat and

has termed that the said recommendation is the “Cornerstone” of the pay commission

recommendation. Under these circumstances there is no justification whatsoever for

denying the same to the Head clerk/ Assistants of Prasar Bharati.

Thirdly the government, while raising the GP of Assistants of the Central

Secretariat from Rs.4200 to Rs.4600 on par with Inspectors of Central Excise etc.,

has stated that the reason for granting such a dispensation was the fact that there

is an element of “direct recruitment” in the case of the former. This qualification is

also fulfilled by the Assistants of Prasar Bharati in whose case 20% of the posts are filled

by direct recruitment. It is an irony that the government has thought it fit to grant the

Assistants of the Central Secretariat a higher GP comparing them with non-

comparable cadres but has denied the same to Assistants of Prasar Bharati who

are on par with the Assistants of the Central Secretariat and for which a sound

recommendation exists and accepted by the government.

Under the facts and circumstances narrated herein above together with various

judicial verdicts, it is categorical that the lawful claims of the applicants are fully qualified for



the grant of GP-4600. Hence, it is humbly requested to consider the grant of GP 4600 to

applicants/Assistants of AIR and Doordarshan working under Prasar Bharti/MIB.

For this act of kindness, the applicants shall pray for ever.

Thanking you Sir,

Yours faithfully

Enclosure- As above. Dated-

( ) Applicant

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