Central Administrative Tribunal - Lucknow
Bhartiya Postal vs Union Of India on 24 April, 2023
CAT, Lucknow Bench O.A. No. 373/2014
CENTRAL ADMINISTRATIVE TRIBUNAL
LUCKNOW BENCH
OA No. 332/00373/2014
Order reserved on: 22.02.2023
Order pronounced on: 24.04.2023
CORAM
HON'BLE MR. JUSTICE ANIL KUMAR OJHA, MEMBER (J)
HON'BLE MR. DEVENDRA CHAUDHRY, MEMBER (A)
1. Bhartiya Postal Accounts Offices Employees Association, U.P.
Circle, Sector-D, Aliganj, Lucknow through its Circle Secretary Mr.
Sushil Kumar Srivastava aged about 55 years, son of Sri R.C.
Srivastava, resident of 614/88 Preeti Nagar, Sitapur Road, Lucknow
Presently posted as Senior Accountant in the office of Director of
Accounts Postal, U.P. Circle, Aliganj, Lucknow.
2. Ashok Kumar Dubey, aged about 54 years, son of Sri C.L.
Dubey, resident of House No. 19/143, Indira Nagar, Lucknow
presently posted as Senior Accountant in the office of Director of
Accounts Postal, U.P. Circle, Aliganj, Lucknow.
.....Applicants
By Advocate : Shri Praveen Kumar
Versus
1. Union of India, through Secretary, Ministry of Communication
and IT, Department of Posts, Postal Accounts Wing, Dak
Bhawan, New Delhi.
2. Secretary, Ministry of Finance, New Delhi.
3. Secretary, Department of Personnel and Training, Government
of India, New Delhi.
4. Chief Post Master General, U.P. Circle, Lucknow.
5. Director of Accounts (Postal), U.P. Circle, Lucknow.
......Respondents.
Page 1 of 20
CAT, Lucknow Bench O.A. No. 373/2014
By Advocate: Ms. Prayagmati Gupta
1. Whether reporter of journals and of local papers may be allowed
to see the judgment: Yes
2. To be referred to the reporter or not: Yes
3. Whether to be circulated to other benches: Yes
ORDER
Per HON'BLE MR. DEVENDRA CHAUDHRY, MEMBER (A) The present Original Application [O.A] has challenged the O.M. dated 26/07/2013 concerning grant of Grade Pay of Rs. 4600/- in PB-II per the recommendations of the 6th Central Pay Commission [6CPC].
2. Per applicants, the matter concerns those working as Senior Accountants [SAs] in the Department of Posts, UP Circle. It is contended that the SAs were getting pay in the pay scale of Rs. 5500-9000/- in the 5th CPC. That on implementation of the 6th Central Pay Commission [6CPC], they became entitled to pay scale in Pay Band-II of Rs. 9300-34,800/- with Grade Pay of Rs. 4600/- in terms of (a) the recommendations of the 6CPC, (b) the notification dated 29/08/2008 of the Ministry of Finance [MoF] read with (c) O.M. dated 13/11/2009 of the MoF and the (d) O.M. dated 07/12/2009 of the Ministry of Communications & IT, Dept of Posts.
Page 2 of 20
CAT, Lucknow Bench O.A. No. 373/2014 2.1 The rationale propounded is that since (i) the 5th CPC pay scales of Rs. 5000-8000, 5500-9000, 6500-10,500/- have been merged with firstly into PB-II of 9300-34,800/- with GP of 4200/- and that later (ii) with the clarification of the MoF dated 13/11/2009 the pay scales of Rs. 5000-8000, 5500-9000/- were required to be merged with the pay scale of Rs. 6500-10,500/- and given GP of Rs. 4600/- in case it was not feasible to merge the posts in the said pay scales on functional consideration basis and (iii) as per Ministry of Finance, Department of Expenditure Implementation Cell, O.M. dated 13th November, 2009 - paragraph 3 - wherein it has been stated that the posts which were in the pre-revised scale of Rs. 6500-10500/- as on 01.01.2006 and which were granted the normal replacement pay structure of grade pay of Rs. 4200 in the pay band PB-II (iv) will be granted grade pay of Rs. 4600 in the pay band PB-II corresponding to the pre-revised scale of Rs. 7450-11500 w.e.f. 01-01-2006. Therefore, the applicants are also eligible for grant of GP of Rs. 4600/-.
2.2 The applicants also place reliance on the MCIT O.M. of 07/12/2009 as well as judgments of the CAT Ernakulum Full Bench dated 14/10/2013 which considered two earlier judgments albeit conflicting of CAT Ernakulum. Reliance is further placed on the judgment of the Hon' High Court Kerala, judgment dated 19/10/2011 of the Hon' High Court of Punjab & Page 3 of 20 CAT, Lucknow Bench O.A. No. 373/2014 Haryana at Chandigarh as well as the judgment of the Hon Apex court dated 15/04/2013 in SLP against the judgment of the Hon' High Court of Punjab & Haryana at Chandigarh [supra]. It is submitted that in light of the MoF O.M. and the judgments in identical matter, the O.A should be allowed.
3. Per contra, the respondents deny eligibility of GP of Rs. 4600/- and submit that firstly, the posts of the SAs were in the pre-revised pay scales of Rs. 5500-9000 and were never in the pay scale of 6500 - 10,500/- as pre revised and were therefore, given GP of 4200/- in PB-II. Secondly that reliance on the MoF O.M. of 13/11/2009 ['2009 O.M.' in short hereinafter] [Annexure A-3], is misplaced because the said O.M. was applicable only on the posts with pre revised pay scale of 7450-11500/- which were to be given GP of 4600/- and that as the SAs were never in the pre-revised pay scale of 7450-11500 or 6500-10,500 and that the posts of 6500-10,500 have been already merged with the posts of upgraded scale of 7450-11500 as per the 6th CPC Pay Rules, 2008 and given GP of 4600/- admissible to them, therefore, there is no case of the applicants for grant of GP 4600/-.
3.1 The point emphasized is that the applicants were never having the requisite pre-revised pay scale, hence, there is no case for grant of the higher pay scale of 6500-10,500 as pre- Page 4 of 20
CAT, Lucknow Bench O.A. No. 373/2014 revised given that they were only in pre-revised pay scale of 5500-9000/- and so there cannot be a case for giving them benefits as available to posts with pre-revised pay scale of 6500- 9000/- and so their claim is against the Pay rules and the connected O.M.s and hence liable to be dismissed.
4. Heard the ld counsels for the parties at length and perused the documents including the pleadings of CA, RA, supplementary replies and rejoinders thereof carefully.
5. The key issue which falls for consideration is the entitlement of the applicants to the higher GP of 4600/- in light of the correct status of the pay rules, connected O.M.s and the judgments cited.
6. The issue is actually quite simple, shorn of all numeric paraphernalia.
7. It is quite clear that -
(i) the Department of Posts have various posts in Gp A and Gp B, Gazetted and Non-Gazetted. It is also clear that the post of SA is Non-Gazetted Gp 'B' which information is available in public domain -http://www.indiapost.gov.in. of the Dept of Posts itself for all to see.
(ii) It is also clear that the 2009 O.M. has stipulated certain conditions for grant of GP 4600/- per the O.M. of 13/11/2009 Page 5 of 20 CAT, Lucknow Bench O.A. No. 373/2014 also relied upon by the applicants though per the respondents in a misconceived manner. For clarity the relevant portions of the O.M. are extracted below:
Annexure A-3:
"F.No.W2008-IC Government of India Ministry of Finance Department of Expenditure Implementation Cell th New Delhi, dated the 13 November, 2009.
OFFICE MEMORANDUM Subject: Grant of the revised pay structure of grade pay ofRs.4600 in the pay band PB-2 to posts that existed in the pre-revised scale of Rs.6500-10500 as on 1.1.2006 and which were granted the normal replacement pay structure of grade pay of Rs.4200 in the pay band PB-2.
Sixth Pay Commission recommended merger of the three pre-revised scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500 and replaced them by the revised pay structure of grade pay of Rs.4200in the pay band PB-
2.Vide para 2.2.21(v) of its Report, the Commission recommended that on account of the merger of these 3 scales, some posts which constituted feeder and promotion grades would come to lie in an identical grade. The Commission gave specific recommendations in its Report granting higher grade pay of Rs.4600 to some categories of these posts. As regards the other posts, the Commission recommended that it should first be seen if the posts in these 3 scales can be merged without any functional disturbance and if possible, the same should be done. Further, the Commission recommended that incase it is not feasible to merge the posts in these pay scales on functional consideration, the posts in the scale of Rs.5000-8000 and Rs.5500-9000 should be merged with the posts in the scale of Rs.6500-10500 being upgraded to the next higher grade in the pay band PB-2 with grade pay of Rs.4600 corresponding to the pre-revised scale of Rs.7450-11500. In case a post already exists in the scale of Rs.7450-11500, the post being upgraded from the scale of Rs.6500-10500 should be merged with the post in the scale of Rs.7450- 11500.
2. The above recommendation of the Sixth Pay Commission were notified vide para(ii), Section I in Parts Band C of the First Schedule to the CCS(RP) Rules, 2008. While Part B of the First Schedule to the CCS(RP) Rules relates to revised pay scales for common categories of staff, Part C notifies revised pay structure for certain posts in Ministries, Departments and Union Territories . The above provisions of the Rules specifically mentioned that upgradations in terms of para (ii) Section I Page 6 of 20 CAT, Lucknow Bench O.A. No. 373/2014 may be done in consultation with Department of Expenditure, Ministry of Finance.
3. Consequent upon the Notification of CCS(RP)Rules,2008, Department of Expenditure has received a large number of references from administrative ministries / departments proposing upgradation of the posts which were in the pre-revised scale of Rs.6500-10500 as on 1.1.2006 by granting them grade pay of Rs.4600 in the pay band PB-2. The matter has been considered and it has now been decided that the posts which were in the pre-revised scale of Rs.6500-10500 as on 1.1.2006 and which were granted the normal replacement pay structure of grade pay ofRs.4200 in the pay band PB- 2, will be granted grade pay ofRs.4600 in the pay band PB-2 corresponding to the pre-revised scale of Rs.7450-11500 w.e.f.1.1.2006.Further, in terms of the aforementioned provisions of CCS (RP) Rules, 2008, in case a post already existed in the pre-revised scale ofRs.7450-11500, the posts being upgraded from the scale of Rs.6500-10500 should be merged with the post in the scale of Rs.7450-11500.
4. Accordingly, in terms of Rule6of CCS(RP) Rules, 2008, revised pay of Government servants in the pre-revised scale ofRs.6500-10500whowere earlier granted grade pay ofRs.4200 and who have already exercised their option for drawal of pay in the revised pay structure in the format prescribed in the Second Schedule to the Rules, will be fixed again in accordance with illustration 4A annexed to CCS (RP) Rules, 2008.
5. In case of all such Government servants in the pre-revised scale of Rs.6500-10500 who were earlier granted grade pay of Rs.4200 and who had optedtohavetheirpayfixedunderCCS(RP)Rules,2008,actionasprescribed in this Department's O.M. of even number dated 30 thAugust, 2008 will be taken. In case a Government servant desires to revise his earlier option for coming over to the revised pay structure, he may be permitted to do so without making any reference to this Department.
6. On account of pay fixation in the revised pay structure of grade pay of Rs.4600 in the pay band PB-2, arrears of pay will be recalculated and difference of arrears in respect of the entire amount will be paid immediately. The manner of drawal of arrears has already been indicated in this Department's O.M. of even number dated 30.8.2008.
7. Hindi version will follow."
8. Clearly, a very careful reading of the O.M. would make it evident that the 6th CPC gave specific recommendations for
(i) merger of the three pre-revised scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500 and replaced them by the Page 7 of 20 CAT, Lucknow Bench O.A. No. 373/2014 revised pay structure of grade pay of Rs.4200 in the pay band PB-2.
(ii) However, vide para 2.2.21 (v) of its Report it was also recommended that on account of the merger of these 3 scales, some posts which constituted feeder and promotion grades would come to lie in an identical grade for which reason it recommended grant of higher grade pay of Rs.4600 to some categories of these posts.
(iii) However, as regards the other posts, the Commission recommended that it should first be seen if the posts in these 3 scales can be merged without any functional disturbance and if possible, the same should be done.
(iv) The 6th CPC additionally specified that in case it is not feasible to merge the posts in these pay scales on functional consideration, the posts in the scale of Rs.5000-8000 and Rs.5500-9000 should be merged with the posts in the scale of Rs.6500-10500 being upgraded to the next higher grade in the pay band PB-2 with grade pay of Rs.4600 corresponding to the pre-revised scale of Rs.7450-11500. And in case a post already exists in the scale of Rs.7450-11500, the post being upgraded from the scale of Rs.6500-10500 should be merged with the post in the scale of Rs.7450- 11500.
Page 8 of 20
CAT, Lucknow Bench O.A. No. 373/2014
(v) But then vide para-3 of the 13/11/2009 O.M. it has been even further clarified in light of the ensuing confusion that -
(a) the posts which were in the pre-revised scale of Rs 6500-10500 as on 01/01/2006; and
(b) which were granted the normal pay structure of grade pay of Rs 4200 in the PB-2, will
(c) be granted grade pay of Rs 4600 in the PB-2 corresponding to the -
(d) pre-revised pay scale of 7450-11500 w.e.f. 01/01/2006
(e) and moreso, in case a post already existed in the pre-revised scale of Rs 7450-11500, the post being upgraded from the scale of Rs 6500-10,500 should be merged with the post in the scale of Rs 7450-11500. 8.1 The point to be understood clearly in the above is that para-3 provision is specifically with regards to posts which prior to 6CPC were already in the pay scale of 6500- 10,500/-
8.2 In the case of the applicants, they were in the pre- revised pay scale of 5500-9000 and not 6500-10500. Hence para-3 advantage cannot be given to them. This is because, Page 9 of 20 CAT, Lucknow Bench O.A. No. 373/2014 only the posts which were in the pre-revised scale of Rs.6500-10500 as on 1.1.2006 and which were granted the normal replacement pay structure of grade pay of Rs.4200 in the pay band PB- 2, will be granted grade pay of Rs.4600 in the pay band PB-2 corresponding to the pre-revised scale of Rs.7450-11500 w.e.f.1.1.2006 not unconditionally but only as per conditions specified therein.
8.3 The logic of granting higher GP of 4600/- to those pre- revised posts carrying pay of 6500-10500 was that - while the three pay scales of 5000-8000 + 5500-9000 + 6500- 10500 were merged in the 6th CPC into one pay scale - pay band of 9300-34000 and all were given a common GP of 4200/-, it later transpired that based on the representations received [para-3 of the 13/11/2009 OM refers], it was decided to give the benefit selectively to only those posts carrying a pay scale of 6500-10500 pre- revised and made them equal to be given GP of 4600/- which was the GP given to posts which carried the pre revised pay scale of 7450-11500 in the 6CPC but then this step was compensated by also specifying that in case a post carrying a pay of 7450-11500 existed prior to 6CPC, then the fresh posts of 6500-10500 would be merged with the posts in the pay of 7450-11500. Page 10 of 20
CAT, Lucknow Bench O.A. No. 373/2014 8.4 Examined in this light, it is clear in the case of the applicants, that in the 5th CPC they were in the pay scale of 5500-9000/-. Further that just because the pay scales of 5500- 9000 and even 5000-8000/- were merged as on 01/01/2006 into pay scale of 6500-10500/- per the recommendations stated in the 6CPC and the 2009 O.M., all the posts with pay range as wide as from Rs. 5000- 10500 [merger limits of the 3 pay scales], did not become entitled to GP of 4600/-. That only those posts of 6500-10500 pre-revised out of this bundle of 3 posts were given the benefit of higher GP and not the posts with pre- revised pay of 5000-8000 or for that matter 5500-9000/-. Therefore, to read that all the 3 pre revised pay posts were granted GP of 4600 is a mis-reading of the concession granted vide para-3 of the OM of 13/11/2009 which indeed is the heart of the dispute, the misunderstanding - will full or otherwise and hence the bone of contention.
9. Therefore, as the applicants were never in the pay scale of 6500-9000 pre revised as SAs and the SA post undisputedly carried the pay scale of 5500-9000/-, hence they could not be given the benefit extended to those in pre revised pay of 6500- 9000. The entire purpose of para-3 of the OM has to be understood in this light. The point is that - having received a large number of references from administrative ministries / departments w i t h r e g a r d s t o upgradation of the posts Page 11 of 20 CAT, Lucknow Bench O.A. No. 373/2014 which were in the pre-revised scale of Rs.6500-10500 as on 1.1.2006 for granting the merged grade pay of Rs. 4600 in the pay band PB-2, the matter was considered and it was decided that the posts which were in the pre-revised scale of Rs.6500-10500 as on 1.1.2006 and which were granted the normal replacement pay structure of grade pay of Rs.4200 in the pay band PB- 2, will be granted grade pay of Rs.4600 in the pay band PB-2 corresponding to the pre-revised scale of Rs.7450-11500 w.e.f. 1.1.2006. That further, in terms of the provisions of CCS (RP) Rules, 2008, in case a post already existed in the pre-revised scale of Rs.7450-11500, the posts being upgraded from the scale of Rs.6500-10500 was deemed to be merged with the post in the scale of Rs.7450-11500.
10. The applicants fail to realise that they are misleadingly reading this 2009 O.M. This is because, per the 2009 O.M. to which they have no dispute, one had to be in the pre-revised pay scale of 6500-10500 before he /she could become eligible for grant of any higher GP. What happened in the 6th CPC which point was realised later - hence the later date 2009 O.M., is that the 6CPC recommended that on account of the merger of these 3 scales, some posts which constituted feeder and promotion grades would come to lie in an identical grade and in respect of these it should first be Page 12 of 20 CAT, Lucknow Bench O.A. No. 373/2014 seen if the posts in these 3 scales can be merged without any functional disturbance. It is in this specifi regard that perhaps representations were received and so keeping those into consideration, it was decided that posts carrying pre-revised pay of 6500-10500 only would be considered for grant of higher GP and to perhaps account for this additional upgradation in GP for the posts of pre- revised 6500-10500 being given the GP originally granted to only those posts which carried a pay of 7450-11500, it was also additionally decided that if a post with a pre revised pay of 7450-11500 already existed then the same would be merged with the post in the pay scale of Rs 7450-11500.
11. This is why in the case of the applicants, the respondents assert that with regards to the posts in the pay scale of Rs. 6500-10500, the said posts have already been merged with the posts in the pay scale of 7450-11500 and upgraded with commensurate GP [para-6 of the CA refers]. The point is that the 2009 O.M. has been complied with qua the requirement of consideration of posts in the pre-revised pay scale of 6500- 10500 and since the applicants were admittedly never in the pay scale on their own till the 6th CPC rolled in, they cannot now claim that just because there is recommendation of merging of pay scales of 5000-8000 and 5500-9000 into Page 13 of 20 CAT, Lucknow Bench O.A. No. 373/2014 6500-10500 which pay scale now is being higher GP, they should also be given the same benefit. The point to be understood is that the merger if any is set out with certain pre- conditions. This is clear from the verbatim extracts of the 6th CPC recommendations with regards to para 2.2.21(v) as below:
"(v) On account of the proposed merger of pre-revised pay scales of Rs. 5000-8000 and Rs. 6500-10500, promotion grades shall come to lie in an identical grade. The Commission has given specific recommendations about some categories of these posts in the Report.
As regards other posts, it should first be seen if the posts in these three scales can be merged without any functional disturbance. [emphasis supplied]. If possible, this should be done. In case it is not feasible to merge the posts in these pay scales on functional considerations, the posts in the scale of Rs. 5000-8000 and Rs. 5500- 9000 should be merged with the post in the scale of Rs. 6500-10500 being upgraded to the next higher grade in pay band PB-2 with grade pay of Rs. 4600 corresponding to the pre-revised pay scale of Rs. 7450- 11500. In case a post already exists in the scale of Rs. 7450-11500, the post being upgraded from the scale of Rs. 6500-10500 should be merged with the post in the scale of Rs. 7450-11500. Besides, posts in the scale of Rs. 6500-10500 carrying minimum qualification of either Degree in Engineering or a Degree in Law should also be upgraded and placed in the scale of Rs. 7450-11500 correspondence to the revised pay band PB-2 of Rs. 8700-34800 along with grade pay of Rs. 4600.
12. The accepted recommendations by the Government of the related pay scales per the notification of 29/08/2008 also filed by the parties would make this clear:
Present Scale Revised Pay Scales recommended Revised Pay Structure by the Sixth Central Pay Commission Sl. Pay Pay Scale Pay Correspondin Grade Pay Corresponding Grade No. Scale Band g Pay Bands Pay Band Pay Bands Pay 1 S-1 2550-55-2660- -1S 4440-7440 1300 -1S 4440-7440 1300 603200 2 S-2 2610-60-3150- -1S 4440-7440 1400 -1S 4440-7440 1400 65-3540 3 S-2A 2610-602910- -1S 4440-7440 1600 -1S 4440-7440 1600 65-3300-70- 4000 4 S-3 2650-65-3300- -1S 4440-7440 1650 -1S 4440-7440 1650 70-4000 5 S-4 2750-70-3800- PB-1 4860-20200 1800 PB-1 5200-20200 1800 75-4400 6 S-5 3050-75-3950- PB-1 4860-20200 1900 PB-1 5200-20200 1900 80-4590 7 S-6 3200-85-4900 PB-1 4860-20200 2000 PB-1 5200-20200 2000 8 S-7 4000-100-6000 PB-1 4860-20200 2400 PB-1 5200-20200 2400 9 S-8 4500-125-7000 PB-1 4860-20200 2800 PB-1 5200-20200 2800 10 S-9 5000-150-8000 PB-2 8700-34800 4200 PB-2 9300-34800 4200 Page 14 of 20 CAT, Lucknow Bench O.A. No. 373/2014 11 S-10 5500-175-9000 PB-2 8700-34800 4200 PB-2 9300-34800 4200 12 S-11 6500-200-6900 PB-2 8700-34800 4200 PB-2 9300-34800 4200 13 S-12 6500-200- PB-2 8700-34800 4200 PB-2 9300-34800 4200 10500 14 S-13 7450-225- PB-2 8700-34800 4600 PB-2 9300-34800 4600 11500 15 S-14 7500-250- PB-2 8700-34800 4800 PB-2 9300-34800 4800 12000 16 S-15 8000-275- PB-2 8700-34800 5400 PB-2 9300-34800 5400 13500 Thus while revising the pay scales, the Commission being conscious of the fact that in their recommendations of merging the pay scales of range 5000-10500 comprising the three pay scales of 5000-8000, 5500-9000 and 6500-10500 [all pre-
revised], there could be an anomaly with regards to functional disturbance [see extracts above] - and hence went ahead and made the aforesaid recommendations even if exceptionally so. It is this reading which led to a number of representations which were then dealt with by the Ministry of Finance which made it come out with the OM of 13/11/2009 rather belatedly. The applicants' grievance that they should also be treated as if they were in the pay of 6500-10500 pre-revised is highly misplaced because admittedly they were never in the pre-revised pay of 6500-10500. And so they cannot be given the benefit of the pay scale of 6500-10500 just because it was merged with the pay scale so 5000-8000 and 5500-9000 which was only and only with certain pre-conditions. It is this distinction which they are glossing over and hiding under the carpet. The applicants have not shown any where as to how they meet the conditions set out Page 15 of 20 CAT, Lucknow Bench O.A. No. 373/2014 in para 2.2.21(v) of the report of the 6th CPC or for that matter as stated upfront in the OM of 13.11.2009 whose key para-3 is again extracted herein below for ready reference:
"3. Consequent upon the Notification of CCS(RP)Rules,2008, Department of Expenditure has received a large number of references from administrative ministries / departments proposing upgradation of the posts which were in the pre- revised scale of Rs.6500-10500 as on 1.1.2006 by granting them grade pay of Rs.4600 in the pay band PB-2. The matter has been considered and it has now been decided that the posts which were in the pre-revised scale of Rs.6500-10500 as on 1.1.2006 and which were granted the normal replacement pay structure of grade pay ofRs.4200 in the pay band PB- 2, will be granted grade pay ofRs.4600 in the pay band PB-2 corresponding to the pre-revised scale of Rs.7450-11500 w.e.f.1.1.2006.Further, in terms of the aforementioned provisions of CCS (RP) Rules, 2008, in case a post already existed in the pre-revised scale ofRs.7450- 11500, the posts being upgraded from the scale of Rs.6500-10500 should be merged with the post in the scale of Rs.7450-11500.
4. Accordingly, in terms of Rule6of CCS(RP) Rules, 2008, revised pay of Government servants in the pre-revised scale ofRs.6500-10500whowere earlier granted grade pay ofRs.4200 and who have already exercised their option for drawal of pay in the revised pay structure in the format prescribed in the Second Schedule to the Rules, will be fixed again in accordance with illustration 4A annexed to CCS (RP) Rules, 2008.
13. The respondents assert [para 6, 15-16 of CA and paras 3 and 10 of supplementary counter], that the posts in the pay scale of 6500-10500 have already been given the benefit of the recommendations of the 6th CPC/2009 O.M. and since the applicants do not fall into this category, hence they cannot be given the benefit de hors the 2009 O.M. to which also they swear into. The 'Rosetta stone' to the whole issue is that the matter was considered and it was decided that the posts which were in the pre-revised scale of Rs.6500-10500 as on 01.01.2006 and which were granted the normal replacement pay structure of grade pay ofRs.4200 in the Page 16 of 20 CAT, Lucknow Bench O.A. No. 373/2014 pay band PB- 2, will be granted grade pay ofRs.4600 in the pay band PB-2 corresponding to the pre-revised scale of Rs.7450-11500 w.e.f.1.1.2006. The applicants have in their O.A para -6 or elsewhere failed to show as to how they fulfil the conditions stated upfront with respect to them while the respondents have coherently denied that the conditions are not met inasmuch that the applicants were never in the pre- revised pay scale of 6500-10500 and that moreso, the connected exercise has been also conducted qua the grant of benefit of higher GP to those holding the pre-revised pay scale of 6500- 10500 who are happy and satisfied and none amongst them has any grievance with regards to higher GP not being granted qua the 2009 O.M. The respondents have logic in their assertion that the applicants fall nowhere in the category of being in the pay scale of 6500-10500 before the 6th CPC kicked in followed by the clarification of 2009 O.M.
14. As regards the citations relied upon by the applicants, the Hon Apex court has in its decision dismissed the related SLP on grounds of delay. No merits have been gone into. The same reads as under:
Annexure-A-8:
"ITEM NO.5 COURT NO.5 SECTION IVB
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
IA No. 1 in
Page 17 of 20
CAT, Lucknow Bench O.A. No. 373/2014
Petition(s) for Special Leave to Appeal (Civil)....../2013 CC 7467/2013 (From the judgement and order dated 19/10/2011 in CWP No. 19387/ 2011, of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH) UNION OF INDIA Petitioner(s) VERSUS RAJ PAL Respondent(s) (With appln(s) for c/delay in refiling SLP) Date: 15/04/2013. This application was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE J. CHELAMESWAR (In Chambers) For Petitioner(s) Mr. Ajay Choudhary, Adv.
Mr. B.V. Balaram Das, Adv.
For Respondent(s) UPON hearing counsel the Court made the following ORDER There is no sufficient explanation given to condone the delay in refiling the special leave petition. Hence, application for condonation of delay in refiling the SLP is dismissed. Consequently, the special leave petition is also dismissed.
(NAVEEN KUMAR) (S.S.R. KRISHNA) COURT
MASTER COURT MASTER"
15. As regards the judgment of the Hon' High Court of Punjab and Haryana, the same is centred upon the grant of financial upgradation under MACP scheme and the related DOPT O.M. of 09/08/2009, the connected issue of grant of benefit under ACP scheme. It does not deal with the issue of exact recommendation of the 6CPC and the 2009 O.M. insofar as the pre-conditions set out in the 2009 O.M. are specified. Hence the facts in the case at hand are quite distinct from those dealt with by the Hon' High Court at Chandigarh.Page 18 of 20
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16. As regards the judgment of the full bench of CAT Ernakulum, it concerns an individual applicant whose case was with regards to the post of Junior Hindi Translator (JHT) and who vide order in O.A 656/2012 was already granted GP of 4600/- by the respondents therein on their own account which was later withdrawn in the context of the O.M. dated 24/11/2008 read with O.M. 13/11/2009 as also in respect of grant of financial upgradation under the ACP scheme with which it had nexus. That is not what we have in terms of facts in the case in hand. The OM of 24/11/2008 or the nexus with the ACP scheme is not in the bouquet of facts in the case at hand. Here there is no issue of financial upgradations but a condition of meeting out the pre-conditions set out in the very 6CPC and the 2009 O.M. relied upon which has not been proved anywhere. Hence the facts of the case in the full Bench of CAT Ernakulum are also distinguishable which in any case has taken into account judgments of CAT Ernakulum Division Benches in various O.As and the judgment of the Hon' High Court Kerala in one of the O.As. That being the case, the relied upon citations cannot be taken forth in our humble opinion.
17. Ergo, based on the marathon analysis heretofore, the applicants' assertion of erroneous pay fixation is a figment of their misconceived reading and understanding of the 6CPC recommendations and the 2009 O.M. of the MoF.Page 19 of 20
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18. Hence the O.A unfortunately has no merits and is liable to be dismissed and is dismissed.
18. No costs.
(Devendra Chaudhry) (Justice Anil Kumar Ojha) Member (A) Member (J) JNS Page 20 of 20