Central Administrative Tribunal - Delhi
Sh. Fulchand Kitadikar S/O Late Sh. ... vs Union Of India (Uoi), Through Its ... on 14 September, 2006
ORDER
M.A. Khan, J. (Vice Chairman)
1. These 11 applicants have filed the present OA for a direction to the respondents to revise the pay scale of Photographers and grant them the pay scale of Rs. 4500-7000 as a replacement scale of Rs. 1200-2040 as per the recommendation of the 5th Central Pay Commission.
2. These applicants were appointed as Photographer in the Armed Forces Headquarters/Inter Service Organisations of the Ministry of Defence in the pay scale of Rs. 1200-2040 on different dates between 6.6.89 and 15.11.95 (the date of appointment of applicant No. 11, however, has not been mentioned). In accordance with the recommendations with the 5th Central Pay Commission (CPC) the Defence Ministry restructured the posts of Photographer in different offices in the Ministry of Defence and redesignated them as Photographer Grade-II and has granted them replacement scale of Rs. 4000-6000. Applicants contend that the general common replacement pay scale of the pay scale of Rs. 1200-2040 as per recommendation of the 5th CPC and the order of the Government is Rs. 4500-7000 and not Rs. 4000-6000. Hence this OA.
3. In the counter reply respondents have stated that in para 55.188 5th CPC has made a general recommendation for restructuring the Photographic posts in different offices under some Ministries like Ministry of Defence in order to bring about uniformity in the pay scales of Photographic cadres to a great extent. It is submitted that the Pay Commission has given specific recommendation for the Photographic cadres in the Armed Forces Film and Photo Division (AFFPD)/Directorate of Public Relation (DPR) and Directorate General of Quality Assurance (DGQA) in para 55.189 and Annexure 55.5. According to these recommendations the Photographers in the pay scale of Rs. 1200-2040 in AFFPD were to be designated as Photographer Grade-II by retaining existing Photographers and they were to be placed in the scale of Rs. 4000-6000. Same was in the case of Photographer working in DPR where the Photographers were to be designated as Grade-II by retaining 10 Photographers in the pay scale of Rs. 1200-2040 and giving them replacement scale of Rs. 4000-6000 and further creating two higher grades of Grade-I by upgrading four posts of Photographers in the pay scale of Rs. 1200-2040 in the pre-revised grade of Rs. 1400-2300 and granting replacement scale of Rs. 4500-7000 to them and further creating the post of Senior Stenographer Grade-II by upgrading 2 posts of Photographers in the pre-revised scale of Rs. 1200-2040 to the grade of Rs. 1600-2660 (pre-revised) and granting them replacement scale of Rs. 5000-8000. In the case of DGQA the Photographers Grade-I, who were in the pay scale of Rs. 1200-2040 (pre-revised), were to be redesignated as Photographer Grade-I by upgrading 18 posts of Photographers Grade-I in Rs. 1200-2040 scale to the pre-revised scale of Rs. 1400-2300 and giving them replacement scale of Rs. 4500-7000 and the existing Photographers Grade-II in the scale of Rs. 950-1500 were to be redesignated as Photographer Grade-II by upgrading 29 Photographers Grade-I in the pre-revised scale of Rs. 950-1500 to the pre-revised scale of Rs. 1200-2040 and granting them replacement scale of Rs. 4000-6000. Respondents have further submitted that Part-B (revised pay scales for certain common categories of staff) of the Gazette of India Part II Sub section (1) dated 30.9.97 stated that the revised scale of pay mentioned in column 4 of that part of the notification for the posts mentioned in column 2 had been approved by the Government and para XXVII of the Gazette notification stated that the Photographers Grade-I in the present scale of Rs. 1200-2040 would be given revised pay scale of Rs. 4500-7000 and the Photographers Grade-II in the pay scale of Rs. 950-1500 would be given revised pay scale of Rs. 4000-6000 as per the recommendation of the 5th CPC in para 55.189. It is contended that in accordance with the recommendation of the Pay Commission and acceptance of the same by the Govt. of India Photographic cadre of AFHQ/ISOs were restructured and redesignated vide letter dated 22.5.2002. It is stated that the Photographers who were in the pay scale of Rs. 1200-2040 (pre-revised) were designated as Photographer Grade-II and were granted replacement scale of Rs. 4000-6000. It is stated that as per the recommendation of 5th CPC in para 55.188 and Annexure 55.5 annexed to the report, structure of Photographic Cadre of DGQA on the other hand was revised vide letter dated 5.3.2001 and the existing pay scale of Photographer Grade-I and Photographer Grade-II which was Rs. 1200-2040 and Rs. 950-1500 both pre-revised were given revised scale of Rs. 4500-7000 and Rs. 4000-6000 respectively. It was pointed out that before this restructuring DGQA cadre had only three grades of Photographers whereas AFHQ had 5 grades. Since the Pay Commission had recommended standards in grades and scales to bring about uniformity in pay scales upto a great extent, pay scale of Photographer Grade-II who were working in the pay scale of Rs. 950-1500in DGQA were revised to Rs. 1200-2040 equivalent to the pay scale of Photographer Grade-II in AFFPD/DPR. The pay scale of Rs. 1200-2040 was later on replaced by Rs. 4000-6000 as per recommendation of 5th CPC. After the restructuring AFHQ/ISO as well as DGQA have similar grade structure with identical pay scales in respect of photographic cadre as may be seen from the table mentioned in para 6, i.e. Photographer Grade-I were in the pay scale of Rs. 4500-7000 and Photographer Grade-II were in the pay scale of Rs. 4000-6000. The recruitment rules of Photographer Grade-II in both the organization remains the same, i.e. Matric with Diploma in Photography with 2 years experience. It was refuted that the applicants pay scale has to be revised from Rs. 1200-2040 to Rs. 4500-7000. Other allegations have also been refuted.
4. In the rejoinder applicants have reiterated their own case.
5. We have heard the learned Counsel for the parties and have perused the relevant record.
6. Learned Counsel for applicant has fervently argued that the replacement scale of Photographers, who were in the pre-revised scale of Rs. 1200-2040, is Rs. 4500-7000 as per the recommendations of the CPC and has drawn our attention to a letter of Department of Defence Production and Supply dated 5.3.2001 which has been addressed to Director General of Quality Assurance, Annexure A-4, wherein it is mentioned that Government had accepted the recommendation for bifurcation of existing Photographic staff of DGQA and in two distinctly different cadres, i.e. Photographic cadre, Printing cadre and restructuring thereof. Accordingly, the cadres were restructured as mentioned in the table. So far as the Photographic Grade-I in the pay scale of Rs. 1200-2040 (pre-revised) are concerned, they were placed in the revised structure as Photographic Grade-I in the pay scale of Rs. 4500-7000 and Photographic Grade-II, who were in the pre-revised scale of Rs. 950-1500, were given revised structure as Photographer Grade-II, were placed in the pay scale of Rs. 4000-6000. Their pre-revised scale were revised as Rs. 1400-2300 and Rs. 1200-2040 respectively. Learned Counsel has also referred to the order Part-B Revised pay scale for (certain common categories of staff) of the Government of India Part-II Sub-section (1) dated 3.9.97 which says that common replacement scale of Photographer Grade-I, is Rs. 4500-7000 and those who were in the pre-revised scale of Rs. 1200-2040 were given replacement scale of Rs. 4000-6000 as per para 55.189 as per 5th CPC recommendations. However, none of these documents advance the case of the applicant. As regards the letter dated 5.3.2001 (Annexure A-4) it specifically related to the restructuring of the Photographic cadre in the DGQA where two posts of Photographers in Grade-I and Grade-II were in existence. The Photographer Grade-I, who were in the pre-revised scale of Rs. 1200-2040, were given revised pay scale of Rs. 1400-2300 and thereafter they were granted replacement scale of Rs. 4500-7000. At the same time, the existing Photographers Grade-II who were in the pre-revised scale of Rs. 950-1500 were given revised pay scale of Rs. 1200-2040 and thereafter were given replacement scale of Rs. 4000-6000. Applicants, on the other hand, were working in Armed Forces Film and Photo Division (AFFPD) and there was no post of Photographer Grade-I and Grade-II in existence in the department. There was only one grade of Photographer in the pre-revised scale of Rs. 1200-2040. The Government order regarding the restructuring and the pay scale applicable to the Photographic staff of DGQA cannot be automatically extended to Photographic staff of AFFPD in which the applicants are working. As regards part-B of the Gazette Notification dated 3.9.97 the Government order preceding the table giving replacement scales, revised pay scales, has stated as under:
The revised scales of pay mentioned in column 4 of this part of the Notification for the posts mentioned in column 2 have been approved by the Government. However, it may be noted that in certain cases of the scales of pay mentioned in column 4, the recommendations of the Pay Commission are subject to fulfillment of specific conditions. These conditions relate inter-alia to changes in recruitment rules, restructuring of cadres, re-distribution of posts into higher grades etc. Therefore, in those cases where conditions such as changes in recruitment rules etc. which are brought out by the Pay commission as the rationale for the grant of these upgraded scales, it will be necessary for the Ministries to decide upon such issues and agree to the changes suggested by the Pay Commission before applying these scales to these posts w.e.f. 1.1.96. In certain other cases where there are conditions prescribed by the Pay Commission as pre-requisite for grant of these scales to certain posts such as cadre restructuring, redistribution of posts etc. It will be necessary for the Ministries/Department concerned to not only accept these preconditions but also to implement them before the scales are applied to those posts. It would, therefore, be seen that it is implicit in the recommendations of the Pay Commission that such scales necessarily have to take prospective effect and the concerned posts will be governed by the normal replacement scales until then.
7. It is thus clear that the recommendations of the Pay Commission were subject to fulfillment of basic conditions which related to, inter alia, changes in recruitment rules, restructuring of cadre, redistribution of post in higher grade etc. etc.
8. Therefore, the common pay scale which have been recommended by the aforesaid order will not be automatically applied for revising the pay scale of certain cadres or post without first ascertaining whether the 5th CPC had made specific recommendations regarding those posts and restructuring of cadre etc. The respondents have produced a copy of the report of the 5th CPC along with Annexure 55.5 as Annexure R-1 to the counter reply. Being relevant para 55.188 and 55.189 are extracted below:
55.188 There are posts of Photographers in different Offices under Ministries like Defence, Water Resources, Agriculture and Human Resource Development. Keeping in view the Recruitment Rules and the structure of photographic cadres in various Ministries/Departments, it is felt that there is a scope for bringing about uniformity in pay scales upto a great extent. The existing grades, designations and Rules of Recruitment may therefore be standardized as under:
Proposed structure of Photographic Posts Photographic (Still) __________________________________________________________________ POST SCALE OF PAY MODE OF RECRUITMENT _________________________________________________________________ ...
Photographer 1400-2300 By promotion
Grade-I
Photographer 1200-2040 90% By direct recruitment: (Matric
Grade-II with diploma in photography and 2
Years experience), 10% by promotion
from Photography attendant grade I
having the qualifications prescribed
for D.R.
__________________________________________________________________
9. Annexure 55.5 so far as Photographer Grade-II, who were in the pay scale of Rs. 1200-2040 with direct recruitment with Matric and Diploma in Photography and 2 years experience, reads as under:
Photographer 1200-2040 Photographer 1200-2040 Direct recruitment (Matric Grade-II Grade II with Diploma in (Existing Photography and 2 years Photographer II) experience
10. Conjoint reading the recommendation of the Pay Comission as contained in para 55.188 and 55.189 along with Annexure 55.5 leaves with no doubt that Pay Commission has made specific recommendation about restructuring Photographers post in the Defence Department and they were to be placed in two grades Photographer Grade-I & II and that the Photographers Grade-II who were in pre-revised scale of Rs. 1200-2040 were to be granted the pay scale of Rs. 4000-6000. The contention of the learned Counsel for applicant that in the last sentence in para 55.189 the recommendation of the Pay Commission has stated that smaller cadres may be made corresponding to their existing grades and recruitment rules which means that the common replacement pay scale recommended i.e. pay scale of Rs. 4500-7000, ought to have been granted to the Photographers who were in the pre-revised scale of Rs. 1200-2040 to our view is misconceived since para 55.189 has also stated that the smaller cadres may be made corresponding to their existing grades and the recruitment rules while broadly conforming to the standard framework proposed above.
11. From the recommendations of the Pay Commission and the orders issued by the Government we are constrained to hold that the applicants have been rightly given replacement scale of Rs. 4000-6000. Here it may be noticed that the grievance of the applicant in this OA is not that they have been designated as Photographers Grade-II. Their grievance as submitted by the learned Counsel for the applicant before us is that they have not been given the replacement scale of Rs. 4500-7000.
12. A perusal of the rejoinder submitted by the applicant shows that the applicants are feeling bad that the lower post which carried the pay scale of Rs. 950-1500 (pre-revised) has been upgraded to the level of Rs. 4000-6000, which has been granted to Photographer Grade-II, by first revising their pay scale to Rs. 1200-2040 and that they have also been redesignated as Photographer Grade-II. Applicant cannot have any grievance that certain other cadres which earlier carried pay scale lower than their own scale of pay have been upgraded under the restructuring carried out by the respondents.
13. Having regard to the above, the OA has no merit. It is dismissed.