Representation To DOE For Grant of 4600 GP To HC/Assistants
Representation To DOE For Grant of 4600 GP To HC/Assistants
Representation To DOE For Grant of 4600 GP To HC/Assistants
Dt.19.07.2016
The Honble Secretary,
Department of Expenditure,
Ministry of Finance,
North Block, New Delhi-110 001
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 Honble CAT, Ahmedabad Bench, Ahmedabad. It is further
stated that after hearing both the rival submissions of the Learned Counsels,
the Honble 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
Representation vide Order dated 10.06.2016 passed in OA No. 381/ 2012 passed by the
Honble CAT, Ahmedabad
Page 1
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.
herewith
and
marked
as
Annexure-1.
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
Representation vide Order dated 10.06.2016 passed in OA No. 381/ 2012 passed by the
Honble CAT, Ahmedabad
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in
OA
No.
469/2003
and
Representation vide Order dated 10.06.2016 passed in OA No. 381/ 2012 passed by the
Honble CAT, Ahmedabad
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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 prerevised pay scale of Rs. 5500-9000 as on 01.01.2006 was granted the GPRs. 4200 consequent upon the implementation of the 6th CPC.
5. That it is further stated that subsequently the Assistants of CSS/NonCSS/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/NonCSS/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 GPRepresentation vide Order dated 10.06.2016 passed in OA No. 381/ 2012 passed by the
Honble CAT, Ahmedabad
Page 4
vide OA No.2206/2013
Representation vide Order dated 10.06.2016 passed in OA No. 381/ 2012 passed by the
Honble CAT, Ahmedabad
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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,
15. That it is pertinent to mention here that recently the Honble 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. CPB/1/141/2014-LC dated 2.12.2014 has given direction to grant GP-4600 to Non- CSS
Assistant.
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-
Representation vide Order dated 10.06.2016 passed in OA No. 381/ 2012 passed by the
Honble CAT, Ahmedabad
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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.
Representation vide Order dated 10.06.2016 passed in OA No. 381/ 2012 passed by the
Honble CAT, Ahmedabad
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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)
(ii)
(iii)
Rs.5500-9000
and
Rs.6500-10500.
No
specific
CAT
Chapter
7.32
Para
7.32.15
held
Assistants
and
Representation vide Order dated 10.06.2016 passed in OA No. 381/ 2012 passed by the
Honble CAT, Ahmedabad
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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)
(VII).
Representation vide Order dated 10.06.2016 passed in OA No. 381/ 2012 passed by the
Honble CAT, Ahmedabad
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(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.
(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)
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)
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
Representation vide Order dated 10.06.2016 passed in OA No. 381/ 2012 passed by the
Honble CAT, Ahmedabad
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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)
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)
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
Representation vide Order dated 10.06.2016 passed in OA No. 381/ 2012 passed by the
Honble CAT, Ahmedabad
Page 13
6th CPC
Press
Council of
India (Min.
of I&B)
4600
Indian
Council of
Medical
Research
4600
Indian
Council of
Agricultural
Research
4600
Dept.
Atomic
Energy
4600
of
ry or not
SSC
50%
by
Promotion
25% by DR
25%
LDCE
OWN
Level
ASRB
NO
by
80%
by
Promotion
10% by DR
10%
LDCE
NA
by
50%
by
Promotion
25% by DR
25%
LDCE
NO
No
by
25%
by
Promotion
NO
DR
QUATA
No
75% by
National
Human
Rights
Commission
4600
National
Informatics
Centre
4600
OWN
Level
50%
by
Deputation
/Transfer
No
50%
by
transfer on
deputation
Failing
which DR
SSC
50%
by
Promotion
25% by DR
25%
LDCE
No
by
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
Representation vide Order dated 10.06.2016 passed in OA No. 381/ 2012 passed by the
Honble CAT, Ahmedabad
Page 14
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 Commissions 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.
Representation vide Order dated 10.06.2016 passed in OA No. 381/ 2012 passed by the
Honble CAT, Ahmedabad
Page 15
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
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
Representation vide Order dated 10.06.2016 passed in OA No. 381/ 2012 passed by the
Honble CAT, Ahmedabad
Page 17