Central Administrative Tribunal - Allahabad
Neeraj Kumar Srivastava vs Union Of India Through The Secretary on 9 August, 2012
(Reserved on 16.05.2012) CENTRAL ADMINISTRATIVE TRIBUNAL, ALLAHABAD BENCH ALLAHABAD HONBLE MR.SANJEEV KAUSHIK , MEMBER (J). HONBLE MR. SHASHI PRAKASH, MEMBER (A). Original Application Number. 293 OF 2011. ALLAHABAD this the 09th day of August, 2012. 1. Neeraj Kumar Srivastava, aged about 40 years, son of Sri Krishna Nand Lal, resident of C-84, Yamuna Vihar, PCDA (P) Colony, Allahabad. 2. Pankaj Kumar, aged about 35 years, son of Shri R.K. Onkar Deo resident of B-60 Yamuna Vihar, PCDA (P) Colony, Allahabad. 3. B.N. Jha, aged about 35 years, son of Shri Y.P. Jha resident of A-11, Yamuna Vihar, PCDA (P) Colony, Allahabad. 4. Saurabh Chandra Ghosh, aged about 34 years, son of Alok Kumar Ghosh resident of 39 EWS, ADA Colony Pritam Nagar, Allahabad. 5. Rambabu Kesarwani, aged about 36 years, son of Shri R.R. Kesarwani, resident of 97/96/12 A, Kaladana, Himatganj, Allahabad. 6. Dipak Kumar Saha, aged about 38 years, son of Shri C.P. Saha, resident of B-56, Yamuna Vihar, PCDA (P) Colony, Allahabad. 7. Swapan Barua, aged about 38 years, son of Shri Sukendu Barua resident of, A-21, Yamuna Vihar, PCDA (P) Colony, Allahabad. 8. Dharmendra Kumar Singh, aged about 34 years son of Late Pancham Singh resident of A-299999, Yamuna Vihar, PCDA (P) Colony, Allahabad. 9. Dhritiman Bhattacharaya, aged about 35 years son of Late Asit Baran Bhattacharya, resident of MIG II/A-31 ADA Colony Naini, Allahabad. 10. Pankaj Barman, aged about 43 years son of Nitai Barman, resident of B-68 Patrakar Colony Ashok Nagar Allahabad. 11. Pankaj Kumar, aged about 33 years, son of Shri Lal Babu Prasad resident of B-37, Yamuna Vihar, PCDA (P) Colony, Allahabad. 12. Sumit Kumar, aged about 35 years, son of Shri Dwarka Prasad, resident of B-61, Yamuna Vihar, PCDA (P) Colony, Allahabad. 13. R.S. Yadav, aged about 41 years, son of S.B.S. Yadav, resident of C-76, Yamuna Vihar, PCDA (P) Colony, Allahabad. 14. J.P. Pandey, aged about 35 years, son of Shri Sudama Pandey, resident of B-38, Yamuna Vihar, PCDA (P) Colony, Allahabad. 15. Amit Kumar, aged about 36 years, son of Shri Shambhu Dayal, resident of, 120-A/16 Old Bairana old Lshkar Line, Allahabad. 16. Panajit Karmarkar, aged about, 40 years, son of Shri Ajit Kumar Karmakar, resident of, A-17, Yamuna Vihar, PCDA (P) Colony, Allahabad. 17. Rajeev Kumar Tiwari, aged about 33 years, son of Shri Sharda Tiwari, resident of, 305, 23B/39 Neta Chauraha Allhapur, Allahabad. 18. Ajay Kumar, aged about 36 years, son of Late S.P. Singh, resident of, A-14,Yamuna Vihar, PCDA (P) Colony, Allahabad. 19. Awadhesh Kumar Prasad, aged about 36 years, son of Shri Kamta Prasad resident of A-28, Yamuna Vihar, PCDA (P) Colony, Allahabad. 20. Vikas Kumar Gupta, aged about 37 years, son of Shri Laljit Ram Gupta, resident of, C-5 Ganga Vihar Colony New Cantt, Allahabad. 21. Abhay Nath, aged about, 36 years, son of Shri S.N. Gupta resident of, A-20, Yamuna Vihar, PCDA (P) Colony, Allahabad. 22. Santanu Dey, aged about 35 years, son of Late Jugal Kishor Dey, resident of H. No. 48/23G/4 Nawada, Allahabad. 23. Keshav Kumar, aged about 36 years, son of Shri U.C. Choudhory, resident of, C-92, Yamuna Vihar, PCDA (P) Colony, Allahabad. 24. Soumitro Hazra, aged about 35 years, son of Shri Gadahar Hazra, resident of, 82/4B, Muir Road, Allahabad-1. 25. Avijit Banerjee, aged about 37 years, son of, Late N.N. Banerjee, resident of, 108, Yamuna Vihar, PCDA (P) Colony, Allahabad. 26. Firoz Akahtar, aged about 39 years, son of Late Basiruddin, resident of, C-63 Sarswati Vihar, PCDA (P) Colony, Allahabad. 27. Amarrish Kumar Pandey, aged about 33 years, son of Shri Jagdish Prasad Pandey, resident of, C-96 Yamuna Vihar, PCDA (P) Colony, Allahabad. 28. Manindra Kumar, aged about 36 years, son of, Shri Prem Lal Roy, resident of, B-34, Yamuna Vihar, PCDA (P) Colony, Allahabad. 29. Rakesh Kumar, aged about 34 years, son of, Late Laxman Prasad Pal, resident of, 160, Yamuna Vihar, PCDA (P) Colony, Allahabad. 30. Vijay Bahadur Patel, aged about 37 years, son of Late H.C. Patel, resident of, 4/5 EWS Colony, EWS, Allahabad. 31. Manoj Kumar Verma, aged about 37 years, son of Shri Rajendra Prasad, resident of, B-46, Yamuna Vihar, PCDA (P) Colony, Allahabad. 32. Sunil Kumar Dwivedi, aged about 38 years, son of Shri Ram Dutt Dwivedi, resident of, A-85, Yamuna Vihar, PCDA (P) Colony, Allahabad. 33. Manish Kumar, aged about 33 years, son of, Late S. Prasad, resident of, B-62, Yamuna Vihar, PCDA (P) Colony, Allahabad. 34. Shailendra Kumar Srivastava, aged about 37 years, son of Late J.C. Srivastava, resident of, 247-A/L/1 Om Gayatri Nagar, Allahabad. 35. Chandan Kumar Singh, aged about 37 years, son of, Shri Krishana Mohan Prasad Singh, resident of, 91 Ganga Vihar Colony, New Cantt, Allahabad. 36. Jeetendra Kumar Jaiswal, aged about 37 years, son of, Shri B.P. Jaiswal, resident of, B-110, Yamuna Vihar, PCDA (P) Colony, Allahabad. 37. Rajeev Kumar Gupta, aged about 33 years, son of Shri Ram Prit Gupta, resident of, C-51 Ganga Vihar Colony New Cantt, Allahabad. 38. Anil Kumar Verma, aged about 36 years, son of Late Kishori Lal, resident of, C-91, Yamuna Vihar, PCDA (P) Colony, Allahabad. 39. Bhupendra Kumar Pathak, aged about 40 years, son of Shri Dinanath Pathak, resident of, 56-K/1, Chak Mumera, Allahabad. 40. Amar Nath Prasad, aged about, 34 years, son of, Shri Manohar Ram, resident of, A-45, Yamuna Vihar, PCDA (P) Colony, Allahabad. 41. Saroj Kumar Kanchan, aged about, 36 years, son of Dasharath Prasad, resident of, A-18, Yamuna Vihar, PCDA (P) Colony, Allahabad. 42. Sunil Kumar, aged about 39 years, son of Shri Rajendra Lal, resident of, A-15, Yamuna Vihar, PCDA (P) Colony, Allahabad. 43. D.K. Singh, aged about, 37 years, son of, Shri S.B. Singh, resident of, C-48, Ganga Vihar Colony, New Cantt, Allahabad. 44. Aditya Kumar, aged about 33 years son of, Shri Ashok Kumar, resident of, C-36 Ganga Vihar Colony, New Cantt, Allahabad. 45. Ranjit Kumar, aged about 35 years, son of, Shri Sarweshwar P.D. Singh, resident of, 126, Yamuna Vihar, PCDA (P) Colony, Allahabad. 46. Mritunjay Kumar, aged about 39 years, son of, Shri Indra Narayan Prasad, resident of, A-32, Yamuna Vihar, PCDA(P) Colony, Allahabad. 47. Jivananda Mishra, aged about 37 years, son of, Shri Batahu Mishra, resident of, 159, Yamuna Vihar PCDA (P) Colony, Allahabad. 48. Sanjay Kumar, aged about 34 years, son of, Shri Shiv Nath Prasad, resident of, A-23, Yamuna Vihar, PCDA (P) Colony, Allahabad. 49. Rajesh Kumar Ranjan, aged about 35 years, son of, Shri Bishundhari Prasad, resident of, 141 G/26/A Shivaji Marg, Rajruppur, Allahabad. 50. Jeetendra Prasad, aged about 39 years, son of, Shri Ram Pyare Prasad, resident of, C-68 Ganga Vihar Colony, New Cantt, Allahabad. 51. Manoj Kumar Roy, aged about 37 years, son of, Shri R.P. Roy, resident of, C-78, Yamuna Vihar, PCDA (P) Colony, Allahabad. 52. Deepak Arunabh, aged about 36 years, son of, Shri Arun Kumar, resident of, C-60 Ganga Vihar Colony, New Cantt, Allahabad. 53. Shiv Shankar Anand, aged about 41 years, son of, Shri Late Birendra Narayan Yadav, resident of, 121- Yamuna Vihar, PCDA (P) Colony, Allahabad. 54. Ripunjay Kumar, aged about 34 years, son of, Shri Devendra Prasad Singh, resident of, A-16, Yamuna Vihar, PCDA (P) Colony, Allahabad. 55. R.P. Mishra, aged about 35 years, son of, Late Suresh Prasad Mishra, resident of, C-89, Yamuna Vihar, PCDA (P) Colony, Allahabad. 56. Vijay Kumar Verma, aged about 36 years, son of, Shri Hari Shankar Prasad, resident of, C-01, Ganga Vihar Colony, New Cantt., Allahabad. 57. Ram Kumar, aged about 41 years, son of, Shri Phool Chandra, resident of, C-71, Saraswati Vihar, PCDA (P) Colony, Allahabad. 58. Shambhu Sharan, aged about 36 years, son of, Shri Satyadev Prasad, resident of, C-84, Ganga Vihar Colony, New Cantt, Allahabad. 59. Rajeo Kumar Sinha, aged about 38 years, son of, Shri Kameshwar Prasad, resident of, A-22, Yamuna Vihar, PCDA (P) Colony, Allahabad. 60. Ranjit Kumar Choudhary, aged about 34 years, son of, Shri A.K. Choudhary, resident of, 14 Sadar Bazar, Allahabad. 61. Manish Narayan, aged about 34 years, son of, Shri Bacha Narayan, resident of, B-48, Yamuna Vihar, PCDA (P) Colony, Allahabad. 62. M.K. Choudhary, aged about 36 years, son of, Late Umesh Choudhary, resident of, 111/Ashok Nagar, Allahabad. 63. Om Prakash Prajapati, aged about 40 years, son of, Shri J.P. Prajapati, resident of, B-49, Yamuna Vihar, PCDA (P) Colony, Allahabad. 64. Prabir Kumar Mondal, aged about 33 years, son of, Sri Kalipada Mondal, resident of, E-122, Yamuna Vihar, Colony, Draupadi Ghat, Allahabad. Cattt, Allahabad. 65. Bimal Kumar, aged about 34 years, resident of, Quarter No. 19, Yamuna Vihar Colony, PCDA (P) Complex, Allahabad Applicants. VE R S U S 1. Union of India through the Secretary, Ministry of Finance, Department of Expenditure (Implementation Cell), North Block, New Delhi. 2. The Ministry of Defence (Finance) through its Secretary, Establishment- 1 Section, New Delhi. 3. The Controller General of Defence Accounts, Ulan Batar Road, Palam Cantt 110010. 4. The Principal Controller of Defence Accounts (P), Draupadi Ghat, Allahabad Cantt., Allahabad . ..Respondents Advocate for the applicants: Sri Shyamal Narain Advocate for the Respondents : Sri S.N. Chatterji O R D E R
BY HONBLE MR. SANJEEV KAUSHIK, J.M. By means of the present original application filed under section 19 of Administrative Tribunals Act 1985, the applicants seek following reliefs: -
a). quash and set aside the impugned order dated 25.10.2010 in so far as it states and holds that Para 3 of ICs U.O dated 27.1.2010 is applicable in respect of Assistants/Pas of Central Secretariat Services only (Annexure Nos. A-1 to Compilation No. I).
b). quash and set aside the impugned order dated 22.11.2010 issued under the signature of Shri R.K. Bhatt , on behalf of the Controller General of Defence Accounts, Delhi holding that in view of the clarification dated 25.10.2010 issued by the Ministry of Finance, Department of Expenditure, the benefit of pay fixation in the scale of Rs. 7500-12000 cannot be granted to SO(A)/AAO working in the office of Principal Controller of Defence Accounts (P), Allahabad, who had opted for the 6th C.P.C after 1.1.2006 till the date of Notification of the Revised Pay Rules, 2008. (Annexure No. A-2 to Compilation No. I).
c). issue a suitable time bound order or direction commanding the respondents to fix the pay of the applicants in the revised pay structure from the date of their promotion as S.O(A), on the basis of the pay scale of Rs. 7500-12000, instead of the pay scale of Rs. 6500-10500, and pay them the entire arrears arising out of such fixation alongwith interest.
2. The facts summarized, as canvassed by the applicants, that the applicants initially joined the respondents department as Auditors/Clerks. After passing departmental S.A.S Examination they were promoted to the post of Section Officer (A) [hereinafter referred as SO(A)] in pay scale of Rs. 6500-10500 on different dates falling after 01.01.2006 but before 31.08.2008. While the applicants were working on the post of SO(A) in pay scale of Rs. 6500-10500, while accepting the recommendations of 6th C.P.C , Central Civil Services (Revised Pay) Rules 2008 (hereinafter referred as Rules of 2008) was notified which came into force on 01.01.2006. By virtue of 2008 Rules, the post of S.O(A) in pay scale of Rs. 6500-10500 and the post of Assistant Accounts Officer in pay scale of Rs. 7450-11500 were up-graded to Rs. 7500-250-12500 w.e.f. 01.01.2006 and placed in P.B-2 with Grade Pay Rs. 4800/-. Subsequently the post of S.O(A) and Assistant Accounts Officer were merged and re-designated as Assistant Accounts Officer. Before acceptance of 6th Pay Commissions recommendations the post of S.O(A) carried the pay scale of Rs. 6500-10500 and the pay of Assistant Accounts Officer was 7450-11500. As per Rule 5 of 2008 Rules, option were called from the government servant and all the applicants exercised their option in favour of switching over the revised pay structure from the date of their promotion as S.O(A). Subsequent to 2008 Rules, an O.M dated 30.08.2008 on the subject of implementation of 6th Central Pay Commission recommendations- fixation of pay and payment of arrears instruction was issued alongwith fitment table (Annexure A-4). A clarification was sought regarding date of next increment, the method of fixation of pay on promotion after 01.01.2006, use of fitment tables for fixation. Accordingly, on 13.09.2008 respondents issued a clarification on the subject Clarification on CCS (Revised Pay) Rules, 2008 (Annexure A-5). Another clarification was also sought on 14.12.2009 regarding manner of fixation of pay of official promoted as Assistant / PAs between 01.01.2006 and 31.08.2008. It is submitted that the matter regarding pay fixation as per 2008 Rules in respect of S.O(A) and Assistant Accounts Officer in the respondents department on their merger in pre-revised upgraded pay scale of Rs. 7500-12000 had been referred to Ministry of Finance , Department of Expenditure , Government of India , who vide letter dated 25.10.2010 clarified that as per 2008 Rules, pay fixation of S.O(A)/AAO may be fixed according to para 3 of ICs UO dated 27.01.2010 and accordingly, the impugned order dated 21.11.2010 has been passed. It is alleged that the respondents by misinterpreting 2008 Rules and subsequent clarification have wrongly fixed the pay of the applicants by taking their pay scale Rs. 6500-10500 whereas they have to fix their pay in pay scale of Rs. 7500-12000, hence the O.A.
3. Pursuance to the notice the respondents appeared and filed detailed Counter Affidavit. Respondents have submitted that the pay scale of SO(A) cadre and AAO was Rs. 6500-225-10500 and Rs. 7450-11500 respectively in the 5th Pay Commission, which has been merged and upgraded to the post of S.O (A) and AAO in the 6th Pay Commission and they were granted Grade Pay of Rs. 4800/- corresponding to the pre-revised scale of Rs. 7500-12000. It is also submitted that the applicants have opted to fix their pay in revised pay structure from the date of their promotion to SO(A) (re-designated as AAO) from different dates falling after 01.01.2006 but before 31.08.2008. Therefore, the pay of the applicants has been fixed as on dates of their promotion as 6500 x 1.86 = 12090 + GP Rs. 4800/- as per Rule 11 of CCS (RP) Rules 2008 and clarification issued by the Headquarters office, in which it has been directed that pay fixation will be done by multiplying the existing basic pay as on 01.01.2006 by a factor of 1.86 and rounding the resultant figure to the next multiple of ten and the grade pay corresponding to upgraded post is to be added. As the applicants were not satisfied with the above fixation they requested to fix their pay corresponding to upgraded post i.e. instead of fixing their pay as Rs. 6500 x 1.86 = 12090 + GP Rs. 4800/-, their pay should be fixed as Rs. 7500 x 1.86 + GP Rs. 4800/-, as in the case of Assistant/Pas of Ministry of Petroleum, who has been given the grade pay of Rs. 4600/- in the 6th CPC and their pay has been fixed Rs. 7450 x 1.86 + 4600 in the case of those, who were promoted after 01.01.2006 and opted to switch over to the revised pay structure w.e.f. the date of their promotion as per clarification issued by the Ministry of Finance to Ministry of Petroleum. Lastly it is submitted that the applications received from the applicants have been forwarded to the Headquarters office for clarification and the Headquarter vide letter dated 22.11.2010 informed that as per Ministry of Finance Clarification vide U.O No. 18.2/2010 Legal dated 25.10.2010 the benefit of pay fixation in the scale of Rs. 7500-12000 cannot be granted to the SO (A) / AAOs , who have opted for 6 CPC after 01.01.2006 till the date of Notification of RPR 2008.
4. We have heard Shri Shyamal Narain, learned counsel for the applicants and Shri S.N. Chatteerji, learned counsel for the respondents.
5. Learned counsel for the applicants vehemently argued that the impugned orders dated 25.10.2010 and 22.11.2010 are illegal, arbitrary and against the 2008 Rules. Which clearly stipulates that it is for the employee to opt from which date he wanted fixation of his pay in the revised pay scale. He argued that the respondents have wrongly sought clarification and applying the same by fixing the pay of the applicants by taking the pay scale of Rs. 6500-10500, which was recommended by 5th CPC whereas, the pay of the applicants is to be fixed in pay scale of Rs. 7500-250-12500 w.e.f. 01.01.2006 in P.B-2 with Grad Pay Rs. 4800/-. He placed reliance upon Rule 11 of 2008 Rules and submitted that word used therein is a date later than the 1st day of January, 2006. Since on later date the applicants were getting higher pay on being merger of two respective posts in pay scale of Rs. 7500-12000, therefore, the impugned orders are liable to be quashed.
6. On the other hand Shri S. N. Chatterji, learned counsel for the respondents supported the impugned orders and submitted that the claim of the applicants have rightly been rejected as they are not entitle for the grade, which they are claiming.
7. We have considered the rival submissions and have gone through the record as well as the judgment cited by the respective parties.
8. For better appreciation of the present controversy it is relevant to reproduce rule 5, 6, 7 and 11 of 2008 Rules, which reads: -
5. Drawl of pay in the revised pay structure Save as otherwise provided in these rules, a Government servant shall draw pay in the revised pay structure applicable to the post to which he is appointed;
Provided that a Government servant may elect to continue to draw pay in the existing scale until the date on which he earns his next or any subsequent increment in the existing scale or until he vacates his post or ceases to draw pay in that scale.
Provided further that in case where a Government servant has been placed in higher pay scale between 1.1.2006 and the date of notification of these rules on account of promotion, upgradation of pay scale etc, the Government servant may elect to switch over to the revised pay structure from the date of such promotion, upgradation, etc.
6. Exercise of Option -
(1). The option under the provisos to Rule 5 shall be exercised in writing in the form appended to the Second Schedule so as to reach the authority mentioned in sub rule (2) within three months of the date of publication of these rules or where an existing scale has been revised by any order made subsequent to that date, within three months of the date of such order.
Provided that
(i). in the case of a Government servant who is, on the date of such publication or, as the case may be, date of such order, out of India on leave or deputation or foreign service or active service, the said option shall be exercised in writing so as to reach the said authority within three months of the date of his taking charge of his post in India; and
(ii). Where as Government servant is under suspension on the 1st day of January, 2006, the option may be exercised within three months of the date of his return to his duty if that date is later than the date prescribed in this sub-rule.
(2). The option shall be intimated by the Government servant to the Head of his Office.
(3). If the intimation regarding option is not received within the time mentioned in sub-rule (1), the Government servant shall be deemed to have elected to be governed by the revised pay structure with effect on and from the 1st day of January, 2006.
(4). The option once exercised shall be final.
7. Fixation of initial pay in the revised pay structure:
(1). The initial pay of a Government servant who elects, or is deemed to have elected under sub-rule (3) of rule 6 to be governed by the revised pay structure on and from the 1st day of January, 2006, shall, unless in any case the President by special order otherwise directs, be fixed separately in respect of his substantive pay in the permanent post on which he holds a lien or would have held a lien if it had not been suspended, an in respect of his pay in the officiating post held by him, in the following manner, namely:-
(A). in the case of all employees:-
(i) the pay in the pay band/pay scale will be determined by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10.
(ii) if the minimum of the revised pay band/pay scale is more than the amount arrived at as per (i) above, the pay shall be fixed at the minimum of the revised pay band/pay scale;
Provided further that:-
Where, in the fixation of pay, the pay of Government servants drawing pay at two or more consecutive stages in an existing scale gets bunched, that is to say, gets fixed in the revised pay structure at the same stage in the pay band, then, for every two stages so bunched, benefit of one increment shall be given so as to avoid bunching of more than two stages in the revised running pay bands. For this purpose, the increments will be calculated on the pay in the pay band. The Grade pay would not be taken into account for the purpose of granting increments to alleviate bunching.
In the case of pay scales in higher administrative grade (HAG) in the pay band PB-4, benefit of increments due to bunching shall be given taking into account all the stages in different pay scales in this grade. In the case of HAG+scale, benefit of one increment for every two stages in the pre-revised scale will be granted in the revised pay scale.
If by stepping up of the pay as above, the pay of a Government servant gets fixed at a stage in the revised pay band/pay scale (where applicable) which is higher than the stage in the revised pay band at which the pay of a Government servant who was drawing pay at the next higher stage or stages in the same existing scale is fixed, the pay off the letter shall also be stepped only to the extent by which it falls short of that of the former.
(iii). The pay in the pay band will be determined in the above manner. In addition to the pay in the pay band, grade pay corresponding to the existing scale will be payable.
11. Fixation of pay in the revised pay structure subsequent to the 1st day of January, 2006 - Where a Government servant continues to draw his pay in the existing scale and is brought over to the revised pay structure from a date later than the 1st day of January, 2006, his pay from the later date in the revised pay structure shall be fixed in the following manner:-
(i). Pay in the pay band will be fixed by adding the basic pay applicable on the later date, the dearness pay applicable on that date and the pre-revised dearness allowance based on rates applicable as on 1.1.2006. This figure will be rounded off to the next multiple of 10 and will then become the pay in the applicable pay band. In addition to this, the grade pay corresponding to the pre-revised pay scale will be payable. Where the Government servant is in receipt of special pay or non-practicing allowance, the methodology followed will be as prescribed in Rule 7(i), (B), (C) or (D) as applicable, except that the basic pay and dearness pay to be taken into account will be the basic pay and dearness pay applicable as on that date but dearness allowance will be calculated as per rates applicable on 1.1.2006..
9. As per Rule 5 regarding drawl of pay in the revised pay structure, a Government servant shall draw pay in the revised pay structure applicable to the post to which he is appointed provided that in cases where a government servant has been placed in a higher pay scale between 01.01.2006 and the date of notification of these rules on account of promotion, up-gradation of pay scale etc., the Government servant may elect to switch over to the revised pay structure from the date of such promotion, up-gradation etc. Meaning thereby an option has to be called and it left to the Government servant to opt the date of re-fixation of his pay. As per Rule 7 regarding fixation of initial pay in the revised structure, the pay in the pay band /pay scale was to be determined by multiplying the existing basic pay as on 01.01.2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10. As per Rule 11, which stipulated the method of fixation of pay in revised pay structure subsequent to the 1st day of January 2006, where a government servant continues to draw in the existing scale and is brought over to the revised pay structure from a date later than the 1st day of January 2006 , his pay from the later date in the revised pay structure shall be fixed by adding the basic pay applicable on the later date. After accepting the recommendation of 5th CPC the posts were up-graded in pay scale of Rs. 1450-11500. Subsequently by merging the post of the applicants in pay scale of Rs. 7500-12000 w.e.f. 01.01.2006 the posts were re-designated as Assistant Accounts Officer. As per rules of 2008 since the applicants opted to have the revised pay scale w.e.f. the date of their promotion i.e. after 01.01.2006 but before 31.08.2008, therefore, as per rule 11, their pay in the Pay Band will be fixed by adding the basic pay applicable on the last date. Therefore, the action of the respondents in rejecting the representation of the applicants for fixing their pay in pay scale of Rs. 7500-12000 is illegal and against the rules. The action of the respondents also smacks favourtism and discriminatory as the same benefit , which the applicant applicants are asking, has already been given to the Assistants/ PAs of M/o Petroleum and Gas, therefore , the impugned orders are also liable to the dismissed being discriminatory.
10. Accordingly, the O.A is allowed. The impugned orders are quashed and set aside. The matter is remitted back to the respondents to consider the claim of the applicants regarding fixation of their pay in the revised pay structure from the date of their promotion as S.O(A) in the light of observations made above . No costs.
MEMBER- A. MEMBER- J. /Anand/ ?? ?? ?? ?? 16 O.A No. 293/11