Central Administrative Tribunal - Delhi
Iari-Stenographers Welfare ... vs Union Of India Through on 9 January, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
OA 2083/2011
MA 1602/2011
New Delhi this the 9th day of January, 2012
Honble Dr. A.K. Mishra, Member (A)
Honble Mr. A.K.Bhardwaj, Member (J)
1. IARI-Stenographers Welfare Association
(Division of Entomology),
IARI (Pusa), New Delhi-110012
Through its President, Shri Avinash Chander
2. Shri Shamsher Singh,
Private Secretary,
I.A.R.I (Pusa), New Delhi-12
3. Shri Shyam Lama,
Private Secretary,
I.A.R.I (Pusa), New Delhi-12
4. Shri Subhash Chander,
Private Secretary,
I.A.R.I (Pusa), New Delhi-12
5. Shri Vijander Kumar,
Private Secretary,
I.A.R.I (Pusa), New Delhi-12
6. Shri Satender Singh,
Personal Assistant,
I.A.R.I (Pusa), New Delhi-12
7. Shri Shanker Kumar,
Personal Assistant,
I.A.R.I (Pusa), New Delhi-12 Applicants
(By Advocate Ms. Nidhi Bisaria )
VERSUS
Union of India through:
1. The Secretary,
Indian Council of Agricultural Research (ICAR),
Krishi Bhawn, New Delhi-110014
2. The Secretary,
Department of Agricultural Research & Education (DARE)
& Director General- The Principal Executive Officer of
of the Council,
Indian Council of Agricultural Research (ICAR),
Krishi Bhawn, New Delhi-110014
3. The Director,
Indian Agricultural Research Institute (IARI),
Pusa, New Delhi-110012
4. The Secretary,
Department of Expenditure,
Ministry of Finance, North Block,
New Delhi-110001 Respondents
(By Advocate Shri B.S. Mor )
O R D E R
Mr. A.K.Bhardwaj, Member (J) :
By way of aforementioned application filed under Section 19 of Administrative Tribunals Act, 1985, applicants have prayed for issuance of direction to extend the benefit of OM dated 7.11.2008 and 26.11. 2010 to them and to grant them grade pay of Rs.4600 in Pay Band 2 of Rs.9300-34800 w.e.f. 1.01.2006 and to further grant them the benefit of grade pay of Rs 4800 in aforementioned Pay band and grade pay of Rs 5400 in Pay Band-3. Applicants are working as Personal Assistants/Private Secretaries in Indian Agriculture Research Institute (IARI), Pusa, New Delhi. According to them they are discriminated against PAs/PSs posted in Indian Council of Agricultural Research (ICAR) headquarters. It is admitted position that Union Cabinet had approved the extension of benefit of revised pay scale of Rs.1640-2900 to the Assistants/Stenographers (Gr.-II) working at ICAR Hqrs and its Research Institutes with effect from the date of approval by Cabinet. The said decision of Union Cabinet was intimated by ICAR vide Office Order no. 15(8)/96-Estt.1 dated 16.06.1997 to all concerned constituents including IARI. In the said office order it was made clear that consequent to extension of revised pay scale of Rs.1640-2900 to the existing Assistants/Stenographers (Gr. II) working at the ICAR Research Institutes, the existing Recruitment Rules for the posts of Assistants/Stenographers (Gr.II) at the ICAR would cease to have effect and the RRs for the post of Asstts./Stenographers (Gr.II) applicable to such categories in ICAR Hqrs would apply to Asstts./ Stenographers (Gr.II) in ICAR Research Institutes. For easy reference Office Order dated 16.06.1997 reads as under
Sub: Extension of revised pay scale of Rs.1640-2900 for the Assistants/Stenographers (Grade-II) of Indian Council of Agricultural Research Institutes- Implementation of Cabinets decision regarding.
1. In pursuance of the decision of the Union Cabinet on the above subject in its meeting held on 29th April, 1997, the Competent Authority has been pleased to approve the unification of the cadres of Assistants/Stenographers (Gr.II) at the ICAR Hqrs. and its Research Institutes with immediate effect. In pursuance of the aforesaid decision of the Union Cabinet the Competent Authority has also approved extension of the revised pay scale of Rs.1640-2900 to the existing Assistants/Stenographers (Gr.II) working at the ICAR Research Institutes with immediate effect.
2. Consequently the existing recruitment rules for the post of Assistants/Stenographers (Gr.II) at the ICAR Research Instts. will cease to have effect and no recruitment will be made thereunder hereinafter. The existing recruitment rules for the posts of Assistants/Stenographers (Gr.II) at the ICAR Hqrs. shall henceforth apply to the Assistants/Stenographers (Gr.II) at the ICAR Research Institutes. From the rules and bye- laws of ICAR placed on record by the applicants as Annexure A-6 to OA, it is noticed that said rules are applicable to ICAR Hqrs, its Institutes as well as other Units. In said rule, the Constituent Units of the Society are defined such as Indian Council of Agricultural Research Headquarters, its Research Institutions, regional and sub-stations, research laboratories etc and Co-ordinated Projects managed and administered by the Society. Clauses (b) and (k) of said Rule 1 and 2 read as under:-
Clause (b). In their scope and application these Rules extend to its Headquarters, all the Institutes and other units of the Indian Council of Agricultural Research. Clause (k). The Constituent Units of the Society means the Indian Council of Agricultural Research Headquarters its Research Institutions, regional and sub-stations, research laboratories etc and Co-ordinated-Projects managed and administered by the Society.
In terms of letter dated 27.07.2000 issued by ICAR the revised/updated Recruitment Rules in respect of 16 categories of administrative posts under ICAR as approved by the Governing Body in its meeting held at Delhi on 28.4.2000 were notified for information, guidance and necessary action of all concerned including Directors of all ICAR Research Institutes etc. The said letter reads as under:-
F.No. 14-2/98-Estt-1 (Vol.II) Dated: July 27, 2000 To The Directors of all the ICAR Research Institutes/Bureaux/PDs/NRCs. Sub: Revision of Recruitment Rules for the administrative posts reg. Sir,
The revised/updated Recruitment Rules in respect of following sixteen number of administrative posts under ICAR as approved by the Governing Body in its meeting held at New Delhi on 28.4.2000 and by President, ICAR are hereby notified for the information, guidance and necessary action of all concerned:
1. Senior Administrative Officer
2. Administrative Officer
3. Assistant Administrative Officer
4. Section officer
5. Assistant
6. Upper Division Clerk
7. Senior Finance & Accounts Officer
8. Finance and Accounts officer
9. Assistant Finance & Accounts Officer
10. Junior Accounts Officer
11. Private Secretary
12. Personal Assistant
13. Stenographer Grade III
14. Legal Advisor
15. Assistant Legal Advisor
16. Junior Law Officer
2. In terms of the Vth Central Pay Commission recommendations as implemented by the GOI and adopted by ICAR, the pay scales for the posts of Senior Personal Assistant (Rs.2000-3200) and Private Secretary (Rs.2000-3500) have been merged into a common pay scale of Rs.6500-10500. Thus these two separate grades with hitherto separate recruitment rules are hereby merged into a single designation, post and grade viz Private Secretary in the pay scale of Rs.6500-10500 under the ICAR system. The recruitment rules for the post of Private Secretary under ICAR system existing in this grade and pay scale have, therefore, been revised accordingly and as such with the notification of the revised recruitment rules for the post of Private Secretary, there cases to be any separate post with the designation as Senior Personal Assistant and all existing Senior Personal Assistants will henceforth be designated as Private Secretary.
3. This comes into force with immediate effect. From the aforementioned it is clear that after 27.07.2000 common RRs are followed for PSs/PAs posted in ICAR Hqrs and its institutes including IARI. However, despite aforementioned Cabinet note, office order dated 16.06.1997, common RRs for PSs/PAs posted in ICAR Hqrs and its Research Institutes, the benefits of Office Memo dated 7.11.2008 and office order dated 26.11.2010 are kept restricted to PA/PS in ICAR Hqrs. In terms of letter dated 18.04.2011, ICAR informed the Directors of all the Institute that matter was referred to Ministry of Finance (Deptt.of Expdr.) for concurrence but the same was not agreed to by them for reason that the pay scale at ICAR Hqrs are patterned on the lines of Central Secretariat Services (CSS) whereas those at the institutes are akin to subordinate offices. It is not clear whether Ministry of Finance was apprised by ICAR of Cabinet Note placed on record at pages 81 to 85 of the paper book. For easy reference paras 11, 13, 14 & 15 of the said note are extracted hereinbelow:-
11.The question concerning equal pay for equal work and parity in the pay scales of similarly placed posts has been settled beyond doubt by the Central Administrative Tribunal, Principal Bench, New Delhi in the case of Shri S.R. Dheer and other Vs. Union of India in OA No. 2865/91 and 529/892 both decided on 4.2.1993, wherein the Honble Tribunal held that once the nature, functions and work are not shown to be dissimilar, the fact that the recruitment was made in one way or the other is hardly relevant from the point of view of equal pay for equal work. Therefore, there is no ground to deny the revised pay scale of Rs.1640-2900 to the similarly placed Assistants and Stenographers at the Institutes on par with their counterparts at the Councils Hqrs because of the complete similarity in nature, functions and the work of the said posts. Incidentally, the Stenographers posted at the Institutes had been granted complete parity vis a vis their counterparts at Hqrs, in the pay scale of Rs.1400-2600 as on 1.1.1986 in accordance with the orders of the Govt. of India (Annexure VI).
12. xxx xxx
13. This has been one of the long pending grievance of these categories of employees, causing a sense of deprivation, frustration and resentment amongst them and for which they have been agitating all along. Accordingly, this is a cause of grave concern to the ICAR and it is affecting adversely the functioning of administrative services in the system. Therefore, approval of the cabinet is sought to extend the revised pay scale of Rs. 1640-2900 to the Assistants and Stenographers (Grade II) working at the ICAR Research Institutes with effect from the date of approval by the Cabinet, to settle their long pending grievance.
14. This issue with the approval of Union Minister (Agriculture).
15. The proposal being reiterated was earlier shown in final form of Cabinet note (Annexure-1) to the Ministry of Finance and Deptt. of Personnel & Training before it was considered by the Cabinet in its meeting held on 25th September, 1996. Learned counsel appearing for ICAR would also join the issue by submitting that the ends of justice would be secured if the Ministry of Finance is directed to re-examine the issue in the backdrop of the aforementioned Cabinet Note. In the circumstances we deem it appropriate to dispose of this OA with a direction to respondents No 1-3 to take up the matter with Department of Expenditure, Ministry of Finance for extending the benefits of OM No.F.No 7(28)2008-Estt.T dated 7.11.2008 (Annexure A-1) and Office order F.No. 7(300209-Estt.I dated 26.11.2010 (Annexure A-2) to applicants. While doing so, respondents no1 to 3 would highlight the followings established facts:
1. Vide Cabinet note dated 7.4.1997 contained in F.No. No.F.15-8/9-Estt.I, Ministry of Agriculture proposed to extend the revised pay scale of Rs.1640-2900 admissible to Assistants and Stenographers (Grade II) working in ICAR Hqrs to the employees working in ICAR Research Institutes with effect from the date of approval by the Cabinet, to settle long pending grievance of such employees posted in institute
2. Vide office order dated 16.06.1997, in pursuance of the decision of Union Cabinet, competent authority approved extension of the revised pay scale of Rs 1640-2900 to the existing Assistants/Stenographers (Gr.II) working at the ICAR Research Institutes.
3. Vide letter dated 27.07.2000 common RRs for 16 administrative posts under ICAR were notified and copy was issued to all the Heads of the ICAR Research Institute.
4. Rules of ICAR are equally applicable to Hqrs of ICAR and its Institutes and other units.
5. In order dated 22.12.2009 passed in OA no.1499/2009 this Tribunal had viewed that 6th CPC has accepted historical parity between SO/PS of CSS with CSSS. Relevant excerpts of judgment read as under:-
In this background, we examine the issue raised by the rival parties for our determination. The 6th CPC has analysed the parity aspect for the posts being compared in this OA and the Government has also passed orders. We take the following extracts of relevant part of these for our adjudication.
Recommendation No. 03.01.09 of the Sixth Central Pay Commission (Pages 65-66) 3.1.9 Accordingly, the Commission recommends upgradation of the entry scale of Section Officers in all Secretariat Services (including CSS as well as non participating/ ministries/ departments/ /organizations) to Rs.7500-12000 corresponding to the revised pay band PB 2 of Rs.9300-34800 along with grade pay of Rs.4800. Further, on par with the dispensation already available in CSS, the Section Officers in other Secretariat Offices, which have already had an established parity with CSS/CSSS, shall be extended the scale of Rs.8000-13500 in Group B corresponding to the revised pay band PB 2 of Rs.9300-34800 along with grade pay of Rs.4800 on completion of four years service in the lower grade. This will ensure full parity between all Secretariat Offices. It is clarified that the pay band PB 2 of Rs.9300-34800 along with grade pay of Rs.4800 is being recommended for the post of Section Officer in these services solely to maintain the existing relativities which were disturbed when the scale was extended only to the Section Officers in CSS. The grade carrying grade pay of Rs.4800 in pay band PB-2 is, otherwise, not to be treated as a regular grade and should not be extended to any other category of employees. These recommendations shall apply mutatis-mutandis to post of Private Secretary/equivalent in these services as well. The structure of posts in Secretariat Offices would now be as under:-
Post Pre-revised scale Corresponding revised pay band and grade pay LDC Rs.3050-4590 PB-1 of Rs.4860-20200 along with grade pay of Rs.1900 UDC Rs.4000-6000 PB-1 of Rs.4860-20200 along with grade pay of Rs.2400 Assistant Rs.6500-10500 PB-2 of Rs.9300-34800 along with grade pay of Rs.4200 Section Officer Rs.7500-12000 Rs.8000-13500* (On completion of four years ) PB-2 of Rs.9300-34800 along with grade pay of Rs.4800 PB-2 of Rs.9300-34800 along with grade pay of Rs.5400* ( on completion of four years) Under Secretary Rs.10000-15200 PB-3 of Rs.15600-39100 along with grade pay of Rs.6600 Director Rs. 14300-18300 PB-3 of Rs.15600-39100 along with grade pay of Rs.7600 * This scale shall be available only in such of those organizations/services which have had a historical parity with CSS/CSSS. Services like AFHQSS/AFHQSSS/RBSS and Ministerial/ Secretarial posts in Ministries/Departments organizations like MEA, Ministry of Parliamentary Affairs, CVC, UPSC, etc. would therefore be covered.
II Section II of part B on the revised pay scales for certain common categories of staff notified in the Gazette of India on 29.08.2008 (pages 68-69) Sl.No. Post Present Scale Revised Pay scale Corresponding Pay Band & Grade Pay Pay Grade Band Pay Para No. of the report
1. 2 3 4 5 6 7 OFFICE STAFF IN THE SECRETARIAT*
1. Section Officer/ PS/ equivalent 6500-
10500 7500- 12000 8000-
13500 (On completion of four years) PB-2 4800 PB-3 5400 ( On completion of four years) 3.1.9 (Modified by Govt)
*This scale shall be available only in such of those organization/services which have had a historical parity with CSS/CSSS. Services like AFHQSS/AFHQSSS/RBSS and Ministerial/Secretariat posts in Ministries/Departments organizations like MEA, Ministry of Parliamentary Affairs, CVC, UPSC, etc. would therefore be covered.
III Para 2 (i) of the Ministry of Finance, Department of Expenditure, Implementation Cell U.O. No. 7.1/1/2008-IC dated 30.10.2008( page.70) Department of Agricultural Research & Education may please refer their file No. 7 (28)/2008-Estt.1 regarding the subject cited above.
2. The proposal of the administrative department has been considered in this Department. The proposal is concurred with subject to the following modifications which are in consonance with the pay scales granted by the Government to various common category posts in the Central Government:-
(i) Government has approved the following pay structure for Assistants and Section Officers in the Central Secretariat and the same may be extended to Assistants/PAs and Section Officers/Private Secretaries in the ICAR Headquarters only:-
Post Pre-revised scale Corresponding revised pay band and grade pay Assistant/Personal Assistant Rs.6500-10500 PB-2 of Rs.9300-34800 along with grade pay of Rs. 4200 Section Officer/Private Secretary 7500-12000 PB-2 of Rs.9300-34800 along with grade pay of Rs.4200 Rs.8000-13500 (on completion of four years) PB-3 of Rs.15600-39100 along with grade pay of Rs. 5400 (On completion of four years) IV. Office Memorandum F.No. 7 (28)/2008-Estt.I dated November 7, 2008 (Page 72) The undersigned is directed to state that in pursuance of Ministry of Finance, Department of Expenditure O.M. No. 7/23/2008-E.III (A) dated 7.10.2008, the applicability of Part B of the First Schedule to the CCS (Revised Pay) Rules, 2008 in ICAR was examined by a Group of Officers constituted vide Councils O.O. No. 7 (28)/2008-Estt.1 dated 3.10.2008. The recommendations of the Group of Officers was accordingly referred to the Ministry of Finance for soliciting their approval. In this regard, the Ministry of Finance vide their U.O.No. 7.1/1/2008-IC dated 30.10.2008 has approved that the pay structure for Assistants and Section Officers in the Central Secretariat may be extended to the Assistants/Personal Assistants and Section Officers/Private Secretaries in Indian Council of Agricultural Research Hqrs as follows:-
Post Pre-revised scale Corresponding revised pay band and grade pay Assistant/Personal Assistant Rs.6500-10500 PB-2 of Rs.9300-34800 along with grade pay of Rs. 4200 Section Officer/Private Secretary 7500-12000 PB-2 of Rs.9300-34800 along with grade pay of Rs.4200 Rs.8000-13500 ( on completion of four years) PB-3 of Rs.15600-39100 along with grade pay of Rs. 5400 ( on completion of four years) As applicable and implemented in the Central Secretariat. The proposal in the manner indicated hereinabove would be initiated by Respondents No 1-3 within two month from the date of receipt of a copy of this order and final decision on the same would be taken within 4 months thereafter. OA is accordingly disposed of. No costs.
( A.K.Bhardwaj ) ( Dr.A.K.Mishra) Member (J) Member (A) sk