Central Administrative Tribunal - Delhi
S K Gupta vs M/O Health And Family Welfare on 5 December, 2019
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OA No. 1402/2014
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
OA No. 1402/2014
New Delhi, this the 05th day of December, 2019
Hon'ble Mr. Justice L. Narasimha Reddy, Chairman
Hon'ble Mr. Mohd. Jamshed, Member (A)
1. Sh. S.K. Gupta
S/o M.L. Gupta
R/o 457, Sector 7 B Block,
Faridabad Haryana.
2. Sh. V.P. Upreti
S/o Late N.D. Upreti
R/o D-24, NIHFW Campus
Munirka, New Delhi.
3. Sh. S.K. Bhattacharya
S/o Late A.K. Bhattacharya
R/o C-1, NIHFW Campus Munirka,
New Delhi.
4. Sh. L. Haokip
S/o P. Haokip
R/o D-5, NIHFW Campus Munirka,
New Delhi.
5. Sh. Rajiv Magoo
S/o Late G.R. Magoo
R/o E-40, Second Floor
Kalkaji, New Delhi.
6. Sh. R.N. Tiwari
S/o Late Brahm Dutt
R/o D-3, NIHFW Campus
Munirka, New Delhi.
7. Smt. Swaran Lata Kaul
D/o Arjun Nath Kaul
R/o 3058B, Sector-23A
Gurgaon, Haryana.
8. Smt. Indu Anand
D/o Late Shanti Prakash
R/o 92A, Pocket A
Mayur Vihar, New Delhi.
9. Smt. Satya Sharma
S/o Late R.R. Sharma,
R/o D-3, First Floor
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OA No. 1402/2014
Amar Colony, Lajpat Nagar,
Delhi.
...Applicant
(By Advocate: Mr. R. V. Sinha)
Versus
1. Union of India
Ministry of Health & Family Welfare
Nirman Bhawan, C-Wing,
New Delhi.
2. National Institute of Health and Family Welfare
Through its Director
Baba Gang Nath Marg,
Munirka, New Delhi.
...Respondents
(By Advocate: Mr. V.S.R. Krishna)
O R D E R (ORAL)
Mohd. Jamshed, Member (A):-
The applicants are working on the posts of Section Officer/Stenographer Grade I in the National Institute of Health and Family Welfare (NIHFW), an autonomous organization under Ministry of Health and Family Welfare. It is submitted that on the basis of recommendation of the 04th CPC from 01.01.1986, the Section Officers of CSS were granted pay scale of Rs. 2000-60-3500.
The same was also granted to Section Officer/Stenographer Grade-I of NIHFW. Thereafter, recommendations of the 05th CPC w.e.f. 01.01.1996 were accepted and the Section Officers of the CSS were granted pay scale of Rs. 6500-200-10500 and non functional grade of 8000-275-13500, after
3|Page OA No. 1402/2014 completion of four years. The revised pay scale of 6500-200-10500 as granted to Section Officers of CSS was also granted to Assistants/Stenographers Grade II of NIHFW.
2. The 06th CPC recommendations were accepted by the Government. Consequently, Section Officers/Private Secretaries equivalent working in the Secretariat were granted pay scale of 7500-12000, corresponding to revised PB-2 of Rs. 8700-34800 along with grade pay of Rs. 4800/- along with non-functional grade of Rs. 8000-13500 corresponding to PB-3 15600-39100 along with grade pay of Rs. 5400 on completion of four years of service. This revision after the recommendation of 06th CPC was notified on 29.08.2008 under CCS (Revised Pay) Rules, 2008. A note was appended to the Pay Rules indicating that the pay scale shall be available in such of those organizations/services which have had a historical parity with CSS/CSCS and that services like AFHQCS/AFHQSSS/RBSS and Ministerial/ Secretariat post in Ministries/Departments organisations like MEA, Ministry of Parliamentary Affairs, CVC, UPSC, etc. would be covered.
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3. It is submitted by the applicants that although many other organisations were granted the revised pay scales, but, Section Officers/Stenographer Grade I of NIHFW were not extended these benefits. This matter was taken up by the NIHFW with their administrative Ministry i.e. Ministry of Health and Family Welfare. Ministry of Health and Family Welfare referred the proposal to the Department of Expenditure, Ministry of Finance which did not agree to the same. The proposal was again sent for reconsideration and the same was rejected by the Ministry of Finance indicating that 06th CPC had made a very clear distinction between pay scale of staff working outside the Secretariat and those of CSS/CSSS and that no historical parity exits between Section Officers/Personal Secretaries (Stenographer Grade I) of NIHFW vis-a- vis Section Officers/Personal Secretaries of CCSS/CSSS in terms of their pay scales and grades.
4. Aggrieved by the action on the part of the respondents denying the grade pay of Rs. 4800 and non functional scale of Rs. 5400 after completion of four years of regular service, the applicants have
5|Page OA No. 1402/2014 filed the present OA seeking relief in terms of declaring the impugned order dated 08/15.01.2014 as illegal, arbitrary and discriminatory and consequently seeking quashing of the same with directions to the respondents to grant grade pay of Rs. 4800 and non functional scale of PB-3 (15600- 39100)+ grade pay of Rs. 5400 on completion of four years to Section Officers/Stenographers Grade-I working in the NIHFW with effect from 01.01.2006. The applicants have relied upon the judgment of Hon'ble Apex Court in Yogeshwar Prasad and Others vs. National Institute of Education Planning and Administration and others (2010) 14 Supreme Court Cases 323, the judgments of Hon'ble Delhi High Court in National Institute of Public Finance and Policy Vs. National Institute of Public Finance and Policy Employees Union (LPA 783/2012 & C.M. No. 5754/2015), Secretary, Indian Council of Agricultural Research (ICAR) and Others Vs. IARI Stenographers Welfare Association and others W.P. (C) 4178/2015, and in Mahesh Kumar Gupta Vs. Union of India W.P. (C0 3811/2017 and order passed by this Tribunal in OA No. 164/2009
6|Page OA No. 1402/2014 dated 19.02.2009. The above referred judgments have dealt with issues of various departments concerning with staff of different grades and duties. These are not directly related with the relief sought in the present O.A.
5. The respondents vide their counter affidavit opposed the OA and submitted that NIHFW is an autonomous organization under Ministry of Health and Family Welfare and is governed by its own rules and regulations whereas the CSS is an Administrative Civil Service under Group A and Group B of the Central Civil Services under Government of India and, therefore, the staff working in NIHFW and those in CSS are different and cannot be compared. It was also stated that the Section Officer and Stenographer Grade I of NIHFW were granted pay scale of 6500-200-10500 after the implementation of 05th CPC. However, their claim of parity is also not tenable as they were not granted non functional scale of 8000-275- 13500 after four years of service w.e.f. 01.01.1996. This matter was taken up by the NIHFW with their administrative Ministry i.e. Ministry of Health and Family Welfare. The proposal was not agreed to by
7|Page OA No. 1402/2014 the Department of Expenditure, Ministry of Finance. The proposal was again sent for reconsideration and the same was again rejected indicating that 06th CPC had made a very clear distinction between pay scale of staff working outside the Secretariat and those of CSS/CSSS, and no historical parity exits between Section Officers/Personal Secretaries (Stenographer Grade I) of NIHFW vis-a-vis Section Officers/Personal Secretaries of CCSS/CSSS.
6. It is submitted that post 06th CPC as per Part-B of the CCS (RP) Rules, 2008, the SOs/PSs equivalent in the Secretariat have been granted the grade pay of Rs. 4800 and the NFSG pay scale in the GP of Rs. 5400/- in PB-3, after completion of four years of service. It was clearly mentioned that it shall be applicable in those organizations/services which have had a historical parity with CSS/CSCS and that services like AFHQCS/AFHQSSS/RBSS and Ministerial/ Secretariat post in Ministries/Departments organisations like MEA, Ministry of Parliamentary Affairs, CVC, UPSC, etc. would therefore be covered. NIHFW is a Society/Autonomous Body and
8|Page OA No. 1402/2014 hence cannot be treated as part of Central Secretariat. It has been reiterated that the recommendations of the Government are accepted by the Government and Department of Expenditure, Ministry of Finance has considered the representation made by NIHFW in this behalf and rejected the same. Respondents have relied upon this Tribunal's order dated 15.10.2019 passed in OA No. 1401/2014.
7. We heard Mr. R. V. Sinha, learned counsel for the applicants and Mr. V. S. R. Krishna, learned counsel for the respondents.
8. The applicants are working as Section Officers/Stenographers Grade-I in NIHFW, an autonomous organization under the Ministry of Health and Family Welfare and have claimed parity in pay scale vis-a-vis Section Officers/Stenographer Grade-I in the CSS. It is claimed by them that the parity in pay scale and grades has existed all along upto the 05th CPC and it is only after the recommendation of the 06th CPC have been accepted and implemented by the Government that Section Officers/Stenographers Grade I in NIHFW
9|Page OA No. 1402/2014 have not been granted the same pay scale/grade pay and non-functional scale after four years of service. The proposal seeking parity was further moved by NIHFW through the Ministry of Health and Family Welfare to the Government. Ministry of Finance, Department of Expenditure considered and rejected the proposal stating that grades/pay band/similar to that given to CSS can only be provided to those organizations which have had historical parity with CSS/CSSS.
9. Every Pay Commission makes recommendation to the Government after considering requirements and representations from different departments and organizations. The recommendations of the Pay Commission are further considered and accepted by the Government for various Departments/Organizations. Objections and representations are referred to Anomaly Committees and also to the Ministry of Finance which is the nodal Ministry for deciding on these issues.
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10. In this case, the claim of the applicants entirely rests on their claim of parity, which according to them existed even during 05th CPC. However, this argument is not based on facts as mentioned as there was no parity even after 05th CPC. The staff of NIHFW were not granted non functional scale of 8000-275-13500, as was available to CSS. It is thus evident that as the staff of NIHFW were not granted the non functional scale as was available to CSS post 05th CPC, references have been made in the past seeking this parity. Post 06th CPC also representations have been made by NIHFW through their Ministry of the Ministry of Finance. This issue has been considered at length by the Department of Expenditure and the position has been clearly explained vide their UO No. 17(15)/E.III(B)/2011 dated 04.07.2011, which reads as under:-
" Ministry of Health and Family Welfare may refer to their proposal for grant of Grant Pay of Rs.4800 and non functional Grade to Section Officer/Steno Grade-I in National Institute of Health & Family Welfare (NIHFW), New Delhi.
2. The matter has been examined and the following observations have been made by this department:
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i) The Sixth CPC has made a clear distinction between the pay scales of staff working outside the Secretariat and those of CSS/CSSS/other headquarter services. Accordingly, w.e.f. 1.1.2016, ministerial employees in offices outside the Secretariat will be granted pay scales w.e.f. 1.1.2006 as recommended by the Commission vide para 3.1.14 of its report.
ii) NIHFW is an autonomous body. As per this department's OM No.7/23/2008-E.III(A) dated 30.09.2008 by which the revised pay structure recommended by 6th CPC was extended to employees working in autonomous organizations, only the Part-A of the first schedule of the CCS(RP) Rules, 2008 i.e. normal replacement pay scales alone may be adopted in respect of the autonomous organizations. It was further clarified vide OM of even number dated 7.10.2008, that Part-B of first schedule to the rules pertaining the revised pay structure for certain common categories of staff would not be automatically applicable to the employees of the autonomous bodies.
iii) As per Part B of the CCS(RP) Rules, 2008, the SOs/PSs equivalent in the Secretariat has been granted the Grade Pay of Rs.4800 and the NFSG pay scale in the GP of Rs.5400/- in PB 3 after completion of four years service. This shall be available only in such of those organizations/services which had a historical parity with CSS/CSSS services like AFHQSS/AFHQSS/RBSS and Ministerial/Secretarial posts in Ministries/Departments/ Organizations like MEA, Ministry of Parliamentary Affairs, CVC, UPSC etc. would therefore be covered. NIHFW is an autonomous body and cannot be treated as part of Central Secretariat. No historical parity exists between SOs/PSs of NIHFW vis-à-vis SOs/PSs of CCSS/CSSS.
iv) The posts that existed in the pre-revised pay scale of Rs.6500-10500 has already been granted the Grade Pay of Rs.4600/-
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OA No. 1402/2014
vide this department's OM dated
13.11.2009.
3. As regards, the grant of Grade Pay of Rs.4800 in PB-2 and Rs.5400 in PB-3 on non-functional basis to the SOs/PSs of National Instt. Of Immunology, Ministry of Health & Family Welfare has already been advised to explain how Grade Pay of Rs.4800/- and Rs.5400/- was granted to the SOs/PSs of National Instt. of Immunology without the approval/concurrence of Department of Expenditure.
4. In view of the above, the proposal of Ministry of Health and Family Welfare for grant of Grade Pay of Rs.4800 and non functional Grade to Section Officer/Steno Grade-I in National Institute of Health & Family Welfare is not agreed to."
11. The respondents have conveyed this position through the order dated 08/15.01.2014 to NIHFW that their proposal has been reconsidered by the Ministry and the same has not been agreed to.
12. We are conscious of the fact that it is always in the realm of an expert body, to decide not only the pay structure but also the parity in various organizations. In the U.O. Note dated 04.07.2011 it was mentioned that as per the O.M. dated 30.09.2008, a dichotomy between the pay structure in the CSS on the one hand and other autonomous 13 | P a g e OA No. 1402/2014 bodies on the other, was maintained. However, nothing was mentioned about the parity that existed earlier thereto.
13. NIHFW addressed a letter dated 16.11.2011 indicating the pay structure, that existed under the 03rd, 04th, 05th and 06th CPCs. It clearly discloses that the parity existed till the recommendations of the 06th CPC were implemented. The letter reads:-
" Sub: proposal for grant of Grade Pay of Rs. 4800/- to Section Officer/Stenographer Grade I in NIHFW.
Sir, I am directed to refer to your letter No. A- 45011/54/10-Stats-II dated 25.07.2011 (copy enclosed) on the above cited subject and to state that there is a complete historical parity in pay Scale between the SOs/PSs of NIHFW vis a vis SOs/PSs of CCSS/CSSS as explained below:
Sr. Post Pay Pay Pay Pay
No. scale Scale Scale Scale
as as per as per as per
per 4th CPC 5th CPC the 6th
3rd CPC
CPC
1. Section Rs. Rs. Rs. PB-2
Officer 650- 2000- 6500- G.P.
in 1200 3500 10500 4800/-
Central
Govern
ment
2. Section Rs. Rs. Rs. PB-2
Officer 650- 2000- 6500- G.P.
in 1200 3500 10500 (under
NIHFW review)
From the table shown above it is imminently clear that there is a complete historical parity between the scales granted to the Section Officer of NIHFW with Section Officers of Central Government.
Therefore, it is once again submitted that matter may be re-considered in the light of the position
14 | P a g e OA No. 1402/2014 explained above and convey the approval for implementing the Grade Pay of Rs. 4,800/- to Section Officers of National Institute of Health & Family Welfare.
This issues with the approval of Director, NIHFW." However, with reference to the said letter the Ministry of Health and Family Welfare has issued the impugned order dated 08/15.01.2014. It reads:-
"Subject: Proposal for grant of Grade Pay of Rs. 4800/- and non-functional Grade to Section Officer/Steno Grade-I in NIHFW, New Delhi.
Sir, I am directed to refer to your letter No. A- 12028/5/2003-Admn.I dated 16.11.11 on the above mentioned subject and to say that aforesaid proposal has been re-examined in the Ministry in consultation with the Integrated Finance Division (IFD) of this Ministry. The proposal for grant of grade pay of Rs. 4800/- and non-functional grade to Section Officer/Steno Grade-I in NIHFW, New Delhi has not been agreed to."
14. Not a word was said about the facts and figures furnished in the letter dated 16.11.2011. We are of the view that even now the same needs to be taken into account. A departure, for the first time in the course of implementation of recommendations of 06th CPC, was required to be based on strong reasoning.
15. We, therefore, allow the OA and set aside the impugned order dated 08/15.01.2014 and 15 | P a g e OA No. 1402/2014 direct the respondents to pass fresh order duly taking into account, the facts and figures mentioned in letter dated 16.11.2011 addressed by the 02nd Respondent to the 01st Respondent, within three months from the date of receipt of copy of this order. There shall be no order as to costs.
(Mohd. Jamshed) (Justice L. Narasimha Reddy)
Member (A) Chairman
/ankit/