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Per : Mr.K.V.EAPEN, ADMINISTRATIVE MEMBER The applicants are all Technicians (104 in number) working in Vikram Sarabhai Space Centre (VSSC) under the Department of Space (DoS)/Indian Space Research Organization (ISRO). They are aggrieved by denial of entitled placement in PB-1 Rs.5200-20200 with Grade Pay Rs.2400/- on the basis of pay revision effected consequent on implementation of 6th CPC. They submit that the Ministry of Finance, Department of Expenditure, issued CCS (RP) Rules, 2008. The recommendations of the 6th CPC were considered by the DoS for implementation. A meeting of staff side of Departmental Council of JCM with the officials of DoS headed by Joint Secretary, DoS on 08.09.2008 considered the major demands raised by the staff. The major demand raised by the staff was for induction entry of Technicians in the DoS in the pay scale of Rs.4500-7000 (pre-revised) and restructuring of Technicians Cadre. The issue of implementation of revised pay rules was then reviewed in a meeting by Secretary, DoS on 09.09.2008. It was decided to place the proposal of DoS for adoption of revised pay structure before the ISRO Council for consideration. The ISRO Council considered the issue after looking at all aspects and took a specific decision with respect to Technician/Tradesman category. It was noted that all existing Tradesman/Draftsman in Rs.3050-4590 (pre-revised) will be moved to Rs.4000-6000 (pre-revised) after review process and future entry level for Tradesman (with SSLC + ITI) will be in the scale of Rs.4000-6000 vide (Memorandum at Annexure A-1). The applicants submitted that it is evident from a reading of Annexure A-1 that the ISRO Council, which is the supreme authority with regard to implementation of pay scales and restructuring of cadres had made a clear recommendation to raise induction scale of Technicians/Tradesman to Rs.4000-6000 (pre-revised) ie. the present Grade Pay of Rs.2400/- with effect from 01.01.2006. However, the recommendations of the ISRO Councils for upgradation of pay of Technicians category were not implemented and given the gobye and the induction scale was fixed at PB1 Rs.5200-20200 with Grade Pay of Rs.1900/- which was the revised pay structure in respect of induction scale of Technician/Tradesman ie. Tradesman A/Technician A in the scale of pay of Rs.3050-4590 (pre-revised). This was done as per Annexure A-3 schedule which is the relevant portion of the schedule to Annexure A-1.

2. The applicants submit that the DoS had appointed a Committee under the Director, ISAC to examine the issue of implementation of decisions of ISRO Council without creating anomalies. This Committee submitted a report to raise the Technicians induction scale to Grade Pay of Rs.2400/- ie. to raise the inducation scale to Rs.4000-6000 (pre-revised) and restructure the entire grade by redesignation. A copy of this recommendation has been produced at Annexure A-4. However, the DoS constituted another high power committee as per Office Order dated 29.10.2009 (at Annexure A-5) under the Chairmanship of Shri.M.Chandradathan, Director, SDSC-SHAR to look into the issues relating to raising of Grade pay/career improvement of Technician category. It was noted in the opening paragraph of the Office Order setting up this Committee that one of the demands of the staff side has been for raising the grade pay of Technician A (induction level) from Rs.1900/- to Rs.2400/- and in the process to award one grade pay up to all the existing Technicians in ISRO Centres/Units. The terms of reference of the Committee included specifically at Point (e) to look at the "Enhancement of Grade Pay to Rs.2400/- to Technician A (induction level) without creating any pay anomalies to the existing personnel in the cadre." The Committee presented its report on 10.02.2010 (at Annexure A-6). The main recommendation was to have the induction level of Technician cadre to be enhanced to Technician B in the pay band of Rs.5200-20200 with grade pay of Rs.2000 (PB1) with ITI qualification. It also recommended that those who are being recruited as Technician B in the grade pay of Rs.2000/- with ITI qualification will be eligible for review for promotion to the grade of Technician D on completion of 3 years of service in Technician B grade. The Committee examined in detail the matter of awarding higher induction level from Rs.1900/- to Rs.2400/- in Technician Cadre. After studying all implications in case the induction level is enhanced from Rs.1900/- to Rs.2400/- it recommended that, on balance, the issues will be settled in case the Grade Pay is raised to Rs.2000/-.

9. Per contra, the respondents in their reply have submitted that the recruitment/career opportunities of all personnel working in ISRO and its centres/units are decided by the DoS/ISRO after considering various aspects. The existing qualification for recruitment/induction to the post of Technicians in different trades is SSLC/SSC pass with ITI/NTC/NAC pass certificates in the concerned trade. The Technicians are being inducted in the Pay Band of Rs.5200-20200/- with Grade Pay of Rs.2000/- with effect from 24.03.2010. As regards the recommendations of the ISRO Council, it is submitted by the respondents that the Council had reviewed the proposal of the Department taking into account all the relevant factors and put forth its recommendations to the Department. This was further examined in the Department and put up to the Secretary of the DoS in the official channel as can be seen at Annexure A-1. This shows that the ISRO Council is not the supreme authority as contended by the applicants but only the Apex Body in ISRO. The suggestions of the DoS for implementing the revised pay rules in ISRO is to be apprised to the Council along with recommendations/suggestions, if any, for consideration by the Department before implementing the revised pay rules in ISRO. The Department had constituted the High Power Committee with specific mandates (as contained in Annexure A-5 dated 29.10.2009) considering the demands of the staff side for enhancement of the induction grade of Technician category, their career improvement, the suggestions of the Departmental Anomaly Committee and the recommendations of the ISRO Council for the enhancement of the induction grade pay for Technician category etc. This Committee had analysed all the relevant factors and likely anomalies that would emerge due to changes in the cadre structure of Technicians and submitted its report in Annexure A-6. It is submitted that the recommendations of various Committees/Councils are not binding on the Department for implementation as they are recommendatory in nature. The Department has to further examine the recommendations holistically as was done for the report in Annexure A-6 and then accordingly take a decision for implementation, avoiding any anomalies that may emerge out of such decisions.

10. Further, it is submitted that the nature of job requirements for each grade may vary from establishment/department/Ministries to establishment/departments/ Ministries. In ISRO, the qualifications prescribed for the post of Technician in the Pay Band (PB-1) of Rs.5200- 20200/- with a Grade Pay of Rs.2000/- is Matriculation + ITI/NTC/NAC only; whereas, the qualifications prescribed for the post of Assistant Sub Inspector in the Grade Pay of Rs.2800/- in CISF, in addition, requires a minimum experience of 3 years in the respective trades. If the candidate has no experience, they require a 3 year Diploma course in the relevant discipline. In the advertisement of the CISF released in September 2014 the induction level notified for similar qualifications of Matriculation + ITI/NTC/NAC, without any experience, was for a Grade Pay of Rs.2000/-, as has been done in ISRO. Similarly, in Prasar Bharati also, the educational qualification prescribed for the post of Technician in the Grade Pay of Rs.2400/- is a two year Diploma in an Engineering discipline after 12 th standard, which is much higher than the qualifications prescribed for the post of Technician in ISRO. Thus, the comparison made by the applicants with the Technicians of CISF and Prasar Bharati will not stand, as the qualifications prescribed and the nature of job are different in those organizations.