इन्स्पेक्टेरों का 4600 ग्रेड पे का दावा ,विभाग ने वित्त मंत्रालय की अनुमति लेकर अब खत्म कर दिया है ।इस प्रकार वित्त मंत्रालय से सहयोग लेने का निर्देशन CAT ERNACULAM ने 18-10-2011 को दिया था
No, 2-5 / 2010-PCC
Government of India
Ministry of
Communications & Information Technology
Department of
Posts
(PayCommissionCell)
Dak Bhavan ,Sansad Marg
New
Delhi – 110001
Dated:15Oct2012
ORDER
General Secretary All India Association of
Inspectors and Assistant Superintendent Posts vide their reference dated
1,6.11,.2009 demanded for up gradation of the grade pay of Inspector Posts from
Rs. 4200 to Rs. 4600 in the pay band PB-2 on the basis of Ministry of Finance
OM No. L-1, / 2008 IC dated 13.11.2009 &. 16.11.2009.
2- Since the matter relating to grant of pay
scales falls under the purview of Ministry of Finance (Department of Expenditure),
the said demand of A11 India Association of inspectors and Assistant Superintendent
Posts was examined in consultation with Ministry of Finance and it was observed
that,
"Prior to 1-1-2006,
the post of Inspector (Posts) was in the pre-revised pay scale of Rs.5500'9000. After the implementation of the
recommendations of the Sixth Central Pay Commission, Inspector (Posts) have
been placed in the revised pay structure of grade pay of Rs. 4200 in the pay
band PB-2 corresponding to the pre-revised pay scale of Rs.6500-10500 on the
basis of specific recommendation of Sixth CPC vide para7.6.14 of the report.
Further, the post of Inspector (Posts) cannot be compared with the post of Assistant
of CSS/Inspector and analogous posts in CBDT/CBEC. The hierarchical structure
in respect of Inspector (Posts) is not comparable to that of Assistants of CSS/Inspectors
and analogous posts in CBEC and CBDT. Only Group'B' posts in the CSS/CBEC/CBDT.
Superintendent (Posts) has been placed in the grade pay of Rs. 4800 in pay band
PB-2 and grade pay of Rs. 5400 in pay band PB-2 after completion of. 4 years of
service at par with CBEC/CBDT. The Sixth CPC has specifically recommended that
grade pay of Rs. 4600 in the pay band PB-2 for Assistant Superintendent Post
Office. In the circumstances, it has not been found feasible to agree to the
proposal for up gradation of the grade pay of Inspector (Posts) from Rs.4200 to
Rs. 4500 in the pay band PB-2
3 The matter was again examined in
consultation with Ministry of Finance; and on consideration of the proposal of
this Department, it was observed that,
"Neither on the basis of
functional justification offered by Department of Post, nor on account of any
pre-existing relativities, it is feasible for this Department to agree to by
this Department in Posts are comparable to those of Group 'B' posts in f4Pase 1the
proposal of the Department of Posts to upgrade the pay scale of Inspectors (Posts).
Accordingly, Inspector Posts may be placed in the revised pay structure of grade
pay of Rs. 4200 in the pay band PB-2.'
4- Subsequently, Shri Permanand
Kumar & Shri Chandrakanta Paladi; . (both Inspector of Posts) filed OA No.
381/2010 in Hon'ble CAT Ernakulam Bench demanding parity in pay scale of
Inspector (Posts) at par with that of Inspector of Income Tax, Customs and
Central Excise as also of the Assistants of the Central Secretariat Service.
5 - Hon'ble CAT Ernakulam vide
their Order dated 18.10.2011 allowed the said OA to the extent holding that
"keeping in tune with the observations of the Sixth Pay Commission, coupled
with the strong recommendations of the Department of Posts 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 up gradation 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 Superintendent of Post Offices, it is expedient to consider and
upward revision of the grade pay of ASPs as well. A1l the necessary details and
statistics as required by 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 respondent shall arrive at a judicious decision
and implement the same."
6- In compliance with the orders
of the Hon'ble CAT Ernakulam Bench in OA 381'/2010 dated 18.10.2011, the matter
was examined in consultation with Secretary, Ministry of Finance. As per the
directions of CAT Ernakulam Bench, the matter was considered by the Secretary
in Ministry of Finance. However, it was not found feasible to agree to the
claim of applicants on the following grounds;-
Inspector Posts were in the Pay
Scale of Rs. 5500-9000 prior to 5th CPC. However, 6th CPC in para 7.6.-1,4
recommended, inter-alia, "........the Commission is recommending the
merger of pre-revised pay scale of Rs. 5500-9000 and Rs. 6500- 10500 which will
automatically bring Inspector Posts on par with Assistants in CSS/Inspector and
analogous post in CBDT/CBEC......." Therefore, Inspector Posts have
eventually come at par with Assistant CSS/Inspector CBDT/CBEC consequent upon
merger of pre-revised pay scale of Rs. 5000-8000, 5500-9000 and 6500-L0500. As such,
there was no specific recommendation in para 7.6.14 to the effect that
Inspector Post are granted pre-revised puy scale of Rs. 5500-10500. Therefore,
Inspector Post have been granted normal replacement as per part A of CCS (RP)
Rules,2008 and are rightly placed in the scale of Rs. 9300-34800, PB-2 GP of
Rs. 4200/ -
Initially as per recommend.ation
of 6th CPC in para 3.L.1'4
Inspector CBDT/CBEC were also placed in the scale of Rs.9300-34800 PB-2 with
grade pay of Rs. 4200/- Subsequently, by virtue of being in the pre-revised Pay
scale of Rs. 6500-10500 as on 1,.1,.2006 they have been covered by DOE's OM
dated L3.11.2009 and were placed in L1500/- of the pay of Rs. 9300-34800 GP of
Rs. 46QU'-
b- Inspectors in CBEC/CBDT were placed
in the scale of Rs. 5500-10500 w.e.f 21.4.2004 i.e. prior to 5th CPC
by an executive order of the Government keeping in view their parity with
Inspectors of CBI/IB and court directions of CAT Jabalpur Bench. Further,
Assistants 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.
Subsequently, Assistants of CSS were placed in the scale of pay of Rs.9300-34800
GP of Rs. 4600/- corresponding scale of Rs. 7450-11500/-vide this Department of
Expenditure OM dated 16.11,.2009. The GP of Rs. 4500/- has been extended to
only four Headquarter Services i.e. CSS, AFHQ, IFS (B) & RBSS and their counterpart
stenographer services.
Therefore, it was conscious
decision of the Government to keep Assistants in CSS/Inspector and analogous
post in CBDT/CBEC in the higher pre-revised scale i.e. 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 appointment experience, etc.
(c) It is pertinent to mention
here that Department of Expenditure OMs dated 19.11.2009 and 15.L1.2009 came
into existence as a result of demand from various quarters of Government
seeking up gradation for pre-revised scale of Rs. 6500-10500 due to functional
requirement. However, hierarchical structure of Inspector Post 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 pre-revised scale of Rs. 7450-11500
still exists, even after implementation of 6th CPC.
(d) That the 6th CPC vide Para
7.6.14 considered the demand of Inspector Post for the scale of Rs. 6500-10500
at par with Inspector CBDT /CBEC and Assistant of CSS. Since Inspector Post
have come in the Pay Scale of Rs. 9300-34800 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. Assistant 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 Post for GP of Rs.4600 is accepted,
it will have cascading effect involving huge financial implications. Also the demand
for up gradation from similarly placed posts in Mail Motor Service etc. will arise
immediately.
(e) The duties and responsibilities of Inspector,
CBDT/CBEC relates to enquiry and survey, assessment, tax evasion, petitions,
prosecutions, TDS, tax recovery ,prosecution before Tribunals/Courts,
investigations etc. The Assistant of CSS performs the duties relating to
parliament matters/cabinet matters, service matters, formulation / review /
monitoring of national policy /programmes on various subjects, assistance to
executives/legislatures in the smooth functioning of the Government etc.
Therefore, 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 CBEC/CBDT and Inspector Post. They are
performing different duties in their respective cadres.
7. The undersigned is, accordingly, directed
to pass the Orders as above, rejecting the claim of the applicants.
This issue with the approval of
Director General (Posts).
(L.K.Gangadharan)
Assistant Director
General (Estt)
1-Shri Permanand Kumar S/o Late
Yugal Kishore Prasad, Assistant Superintendent Posts PMU Division,501-B, Dak
Bhawan, New Delhi - 110001
2- Shri Chandrakanta Paladhi S/o
Anand mohan paladhi Sub Division inspector of post,Arambagh subdivision, PO
Arambagh District Hooghly (West Bengal) -712601.
Copy to:
1-Chief Postmaster General, KeralaCircle,
Thiruvananthapuram 695033 for information with reference to letter no
CO/LC54/OA/10 dated 11.11.2011'.
2-Chief Postrnaster General West Bengal
Circle, Yogayog Bhawan, P-36, CR Avenue,
Kolkata - 700012 - for information. A copy of
the order is attached for getting the same
delivered to Shri Chandrakanta Paladhi
under receipt. Receipts so obtained may be sent to
this Directorate for record.
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