Central Administrative Tribunal - Kolkata
Morsalim Molla vs M/O Commerce And Industry on 3 January, 2022
CENTRAL ADMINISTRATIVE TRIBUNAL -
KOLKATA BENCH, KOLKATA , 350/600/2021 & Ors.
Date of Order: 08.01.2022 Coram: | "Honble Ms. Bidisha Banerjee, Judicial Member Hon'ble Dr. (Ms.) Nandita Chatterjee, Administrative Member Q.A./350/00600/2021:
(0.A./350/00601/2021:
0.A/350/00602/2021:
0.A./350/00603/2021:
0.A/850/00604/2021:
0.A./880/00605/2021:
0.A./350/00606/2021:
0.4,960/006128/2021;
0.A./360/00617/2021:
. 0.A,/350/00622/2021:
-. Q.A./350/00623/2021:
In the matter of :
Morsallim Molla, son of Nurul Islam Molla residing at Kachua Bamunia, Kashipur, South 24 Parganas, Pin-- 743502.
Manish Kumar, son 1 of Late Teoj Narain Prasad residing at KB-Block, Quarter No. 579, Sector III, Salt Lake, Kolkata
-- 700106.
~ Abhishek Kumar son of Ratan Kumar having his correspondence address - 813213.
Baluaghat Road, opposite Darabrisingh School, Sultanganj, Bhagalpur, Bihar -- Somen Karmakar son of Sri Kamal - Krishna Karmakar, Village and post -- Tangra Colony, P.S. --Bongaon, Dist . North 24 Parganas -- 743251.
- Soumen Das, son of Late Adhir Kumar Das, having his permanent residence at Chotonilpur Pirtala, Post Office Sripally, Police Station - Burdwan, -- Dist East Bardhaman --
713103. © Vikas Hansda son of Sonaram: Hansda having its permanent address House No. 20, Road No. 6, Kurkut Dungri, Post Office -- Azadnagar, Mango, Jamshedpur -- 832110.
_ Nikhil Kumar son of Pawan Kumar Kedia, having his permanent address
-Kabirganj, Dharniashala Road, Sasaram, Dist Rohtas, Bihar, Pin- 821115.
Ruchi Kumari Wife of Sri Kunal Kumar residing at Flat No. C-101, Binoy Apartment, Ghosh Para, Patuli -- 700094.
Dhobila Suresh, son of D. Mallaiah, having his permanent residence at House No. 9-109/87, Gayathri Nagar, Boduppal, Hyderabad, Telangana -- 500092.
Dipanjali Gochhi, daughter of Sri Kulamani Gochhi residing at 41, Vivekananda Sarani, Dum Dum, Kolkata -- 700079.
_ Anup Kumar Mahato'son of Tarapada Mahato having his permanent ' >: - 350/600/2021 & Ors.
residence at Arabinda Nagar, . Sonarpore, Kolkata -- 700150.
0.A4./350/00632/2021: Md. Zafar Salman son of Md. Afzal - '-having his permanent residence at Village -- Churitola, Post office and PS- Kanke, Dist Ranchi -- 834006.
0.A./350/00633/2021: ' -'Vankudoth Prasad son of Late V. Ramulu having his permanent residence at House no. 1/05 Mitta Gudem, Village and Post --
Aswapuram, (MDL) Bhadradri, Dist Kothagudem, Telangana -- 507116.
- 0.A./350/00634/2021: - ' Puja Kumari daughter of Shri Narsingh Ram having her permanent residence at quarter no DB/27, post Office Domgarh, Police Station -- Sindri, District - Dhanbad, Jharkhand oo, -- 828107.
0.A./350/00635/2021: Shekhar Kumar Shaw, son of Baliram Shaw having his permanent residence at 17/1/4, West Keptepara Road, Post Office -- Athpur, North 24 Parganas -- . 743128.
-Versus-
1. Union of India, represented by Secretary, Ministry of Commerce and ° Industry, Udyog Bhawan, New Delhi- .
110107. , oO
2. Deputy Secretary (Expenditure) Ministry of Finance, Department of Expenditure, Room No. 76, New Delhi
-- 110001.
3. Director General, DGFT, Udyog Bhawan, H-Wing, Maulana Azad Road, ' New Delhi -- 110011.
4, Director (ADMN.), Department of Personnel & Training, Ministry of Personnel, P G and Pensions, Government of India North Block, New Delhi -- 110001.
5. Director General, Directorate General of Commercial Intelligence and Statistics, 565, Anandapur, Ward No. 108, Sector 1, Plot No. 22, EDACP -
Kolkata-700107.
For-The Applicant(s): Mr. B. Bhushan, Counsel ; For The Respondent(s): Mr. S, Paul, Counsel 3 350/600/2021 & Ors.
-ORDERORALD | Per: Ms. Bidisha Banerjee, Member () Heard Ld. Counsels for both sides.
Since common question of law and facts govern these O.A.s, they 'have been listed for analogous hearing to be disposed of by this common order. For the sake of brevity, facts of O.A. 350/600/2021 are delineated and discussed hereunder.
2. The applicant in this O.A. has sought for the following reliefs:.
"a) Direction upon the respondents to grant the Grade Pay Rs.4,200/- in the pay scale of Rs.9,300/- Rs.34,800/- as per the 6th CPC from the date joining _ on the basis of model Recruitment Rule of Data Processing Assistant (DPA) _as per the DOP&T guidelines;
b) Direction respondent no.5 to provide the guidelines/Model Recruitment Rule of DOP&T on which the Recruitment Rule of Data Processing Assistant (DPA} was framed in the year of 2012 for the conscionable justice;
¢) To fix the salary upon granting the Grade Pay of Rs.4,200/- in the pay scale of Rs.9,300/- Rs, 34,800/- as per 6th CPC or corresponding to Level-6 - of 7tr CPC; oo
d) To direction upon the respondents to release the arrear salary after re- . fixation of Grade Pay of Rs.4,200/-; ,
e) Direction upon the respondent to define the cadre of the applicant;
f) Production of the records in the instant case. gq) Costs
h) Any other order or orders as this Hon'ble Tribunal may deems fit & . proper."
3. _ The grievance of the applicant in a nutshell is that he had responded to an advertisement for recruitment to the post of Data Processing Assistant (DPA) in the Pay Band of Rs. 5,200/- to 20,200/-with a Grade Pay of Rs. 2,400/-. The' DPA Grade- A post was originally operated in the scale of Rs. 1600-50-2300-HB-60-2660 as per 4th CPC which is corresponding to Rs. 5000-150-8000 in 5% CPC, Rs. 9300/ -
34800/- with Grade Pay of Rs. 4,200/- in 6% CPC and Level 6 m the 7 4 350/600/2021 & Ors.
CPC with the classification of the post as General Central Service, Group C Non'Gazetted Non- "Ministerial, yet the applicants are made to languish in the lower scale of. Pay Band of Rs. 5, 200/" to Rs. 20, 200/- with the Grade Pay of Rs. 24001". The applicant would plead that, since , other ministries have extended the Grade Pay of Rs. 4,200/- to the DPAs, the - | \ respondents' orgatiization should accord the same benefit, i.e. Grade Pay' of Rs. 4,200/- to the present applicants. The applicants are further aggrieved as despite their individual representations seeking Grade Pay of Rs. 4,200/- on "the ground that they fulfil all the eligibility and educational criterion on par with the other DPA employees working in other ministries, the respondents have failed to redress their demands.
Aggrieved, they have preferred this O.A.
3. At hearing, 'Ld. Counsel for the respondents would submit that the entry qualification, the eligibility criteria and the classification of the . present post of DPA and also their job requirements, are different from that of the DPAs of other ministries, and, therefore, the present applicants are not entitled to be bestowed with the Grade Pay of Rs. 4,200/-. Ld. Counsel would further submit that Data Processing Assistant is not an All India Cadre post.
"A, It is evident from one of the representations preferred on 23.10.2019 by Morsalim Molla, the applicant herein, that the educational qualification required for selection was a degree from a recognized university with Science, Maths, Economics, Statistics or equivalent, along | with a Diploma or Certificate in Computer Application. That, the Recruitment Ruiles of DPA in the present organization is exactly the same | as the Recruitment Rules of DPA issued by the DoPT on 31.12.2010.
5° 350/600/2021 & Ors.
' 1 Further, that the DGCI&S -- Kolkata approached the 7th Pay Commission vee having said as under:-
Tt has been demanded that the posts of Data Processing - Assistants (DPAs), Senior Investigators (STs) and Statistical Officers (SOs) in the non-ministerial cadres of DGCI&S may be upgraded from GP 2400, GP 4200 and GP 4600 to GP 4200, GP 4600 and GP 4800 respectively. These demands, have been made on the grounds of parity with the posts of Date Processing Assistant -- III/II/ in the National Sample Survey Organization (NSSO)."
In response, the claim was analysed, and, it was recommended that, "This is not the situation obtaining in respect of DPAs/SIs/SOs of DGCI&S. As far as the entry level qualifica tions for the DPAs are concerned, the Commission notes that these have been revised recently, as reflected in the Recruitment Rules of 2012. However, the existing pool of DPAs largely consists of ministerial cadres of LDCs and UDCs. In such a scenario, upgradation of the Pay scales of the \. DPAs will potentially disturb the existing parity between the ministerial and _ non-ministerial cadres of this small organization."
The contention of the applicant has been that, the majority of DPAs in DGCI&S only consist of directly recruited DPAs through Staff Selection Commission as non-ministerial staff as per guidelines framed by the DoPT which also indicates the essential qualifications required for the post, and, that the matter of parity between ministerial and non- ministerial cadres which was 3 stated in 'the 7» Pay Commission's report, does not exist in DGCI&S, Kolkata, and, therefore; upgradation of the pay | level of the DPAs will not potentially disturb the existing parity between the ministerial and non-ministerial cadres of the organization.
It is evident from the report placed (at Annexure A-7 to the O.A.) that the demands of the Data Processing Assistants for the Grade Pay of Rs. 4,200/-on the ground of parity with the posts of Data Processing Assistants in National Sample Survey Organisation on the ground that duties and responsibilities, as well as the educational qualifications, for the post of DPA in DGCI&S and DPA-III in NSSO are identical was examined by the Commission, and the Commission had 6 . 350/600/2021 & Ors.
yecommended replacement pay levels for thé DPAs of DGCI&S with the following clarification:-
"11.7.16 The Commission observes that any demand for higher pay scales should be based on sound. rationale viz., enhanced job content and responsibilities, upgraded skill sets, etc. The Commission notes that the basic job profile of the DPAS, which 1s collection and compilation of foreign trade ;. statistics, has not undergone much change, either in terms of job content or responsibilities. In job profiles of such nature, adoption of newer technology and training should idéally result in substantial reduction in the work force. This 1s not the situation obtaining in respect of DPA/ SIS/SOS of DGCI&S. As far as _ the entry level qualifications for the DPAS are concerned, the Commission notes that these have been revised recently, as reflected in the Recruitment Rules of 2012. However, the existing pool of DPAs largely consists of ministerial cadres of LDCs and UDCs. In such a scenario, upgradation of the pay scales. of the _DPAs will potentially disturb the existing parity between. the ministerial and non ministerial cadres of this small organization. On the issue.of parity with the DPAs of NSSO, the Commission notes that the functions and responsibilities of posts in two different organizations can vary and hence there is no case for seeking parity." | A proposal for cadre restructuring of DGCI&S was taken up and was | approved by the Ministry of Finance, Department of Expenditure, vide their communication dated 27.04.2011. The proposal being as under:-
5.7 Existing Structure Proposed Ministerial Cadre | Proposed . Non: |.
No, Ministerial Cadre.
4 UDC/DEQO/ 5200-20200 128 | UDC 5200-20200 8 DPA 5200-20200 129 Gr. Pay2400 Gr Pay 2400 Gr Pay 2400 © By an Office Memorandum dated 25.06.2019, the Department of Commerce, E-3 Section had already communicated to the Deputy Director ?
General and Head of the Department the following:-
7 Oo | 350/600/2021 & Ors.
" . . OFFICE MEMORANDUM Sub: Upgradation of Grade Pay of Data Processing Assistant, Senior Investiga tor and Statistical Officer in Directorate General of Commercial Intellingence & Statistics, Ke olka ta.
| The undersigned is directed to refer to DGCI&S email dated 14 May, 2019 on the i subject mentioned above and to say that the proposal vide U0. No. A-26018/01/2015-E- Il part dated 28.05.2019 was referred to Department of Expenditure through IFD for | their consideration and approval. Department of Expenditure vide their UO No. oC 7B. I (8/2014 dated 27.05.2019 (copy enclosed) has informed that since 7h OPC which is an expert body on pay scale matters has already examined the proposal and _. recommended replacement pay levels, the proposal of upgradation of pay scale of DPAs, Sis, SOs. is not agreed to. | 'sd (R. K. Ojha) Under Secretary to the Government of India."
Further communication was made on 27.05.2019 that the proposal of upgradation of pay scale of DPA has not been agreed to, whereafter, the representation given by the applicant for pay parity with the Data Processing Assistant "ti in the NSSO 'etc. is inconsequential. Hence, | in our considered opinion, forwarding the same claim further would lead to a futile exercise.
' Therefore, in the event the present applicants would desire to ' bring in fresh inputs to justify their claim, which they feel have not been placed, and, therefore not considered while examining their 'claim earlier, they may file fresh representations to the authorities for appropriate consideration. mt -
In the.event such representation is preferred, the respondents shall consider the claim or forward the same to the appropriate authority for consideration and appropriately liase with the said authority so that a decision is obtained at the earliest.
8. _ All the O.A.s are accordingly disposed of. No Costs. g td | . " ee (Nandita Chatterjee) | (Bidisha Banerjee) Member (A) Member (J) | UJ