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Showing contexts for: data processing assistant in Balbir Singh vs M/O Statistics on 28 December, 2018Matching Fragments
Through the medium of this O.A., the applicant has sought the following reliefs:-
"(a) Quash and set aside the order dated 22.09.2016 issued by the Respondent No.1.
(b) Direct the Respondents to grant the applicant grade Pay of Rs.4600/- w.e.f. 01.01.2006.
(c) Direct the Respondents to fix the Basic pension of the applicant at Rs.9515 w.e.f. 01.01.2006 and pay arrears to the applicant with interest @ 15% per annum."
2. The facts of the case are that the applicant was appointed as Data Processing Assistant in the year 1984. The 5th Central Pay Commission (CPC) placed all the Data Processing Assistants of the Department in the pay scale of Rs.5500-9000/-. After completion of 12 years, the applicant was granted 1st ACP in the pay scale of Rs.6500-10500/- w.e.f. 09.08.1999. The applicant retired on superannuation from the post of Data Processing Assistant, Grade-III on 30.11.2005. The applicant was granted pro rata pension at Rs.4115/- vide order dated 02.11.2005 as per table below:-
3. The applicant avers that the respondents granted the grade pay of Rs.4600/- to his juniors w.e.f. 01.01.2006 but have denied the same to him. The anomaly is regarding revised fixation of Grade Pay of Rs.4200/- instead of Rs.4600/- as fixed for all Data Processing Assistants. The said disparity is clarified in the table below:-
Name Designation Basic pay Pay Revised Revised (without Scale Pay Grade D.P.) (before Pay 6th CPC) A.K. DPA III 8500 6500- 9300- 4600 Gupta 10500 34800 Balbir DPA III 8500 6500- 9300- 4200 Singh 10500 34800 The applicant submits that he was holding the same designation in the same pay scale, in the same department, with the requisite qualification of a Post Graduation degree (in Arts). Despite this, a discriminatory treatment has been meted to him.
5.2 Therefore, the applicant represented against this order5 on 19.07.2016. Thereupon, the Director NSSO forwarded the case of the applicant for fixation of basic pension at Rs.9515/- w.e.f. 01.01.2006 in the pay scale of Rs.9300-34800 with Grade Pay of Rs.4600 to respondent No.2, on 29.07.2016. However, respondent No.2 rejected the applicant's case vide order dated 22.09.2016 stating that the pension of the applicant has been revised as per O.M. dated 06.04.2016.
6. In the counter affidavit, the facts of the case are not disputed by the respondents. They submit that the applicant was a Data Processing Assistant, Grade-III. 5th CPC placed Data Processing Assistant, Grade-III in the pay scale of Rs.5500-9000. After 6 OA-847/2017 completion of 12 years service in the pay scale of Rs.6500-10500/-, the applicant was granted 1st ACP. The applicant retired on superannuation from the post of Data Processing Assistant Grade-III on 30.11.2005 in the pay scale of Rs.6500-10500/-. The applicant was granted pro rata pension of Rs.4115/- vide order dated 02.11.2005. The 6th CPC recommended that the posts of scientific staff in the pay scale of Rs.6500-10500-/- carrying minimum qualification of engineering degree or a post graduate degree should also be upgraded and placed in the pay scale of Rs.7450-11500/- corresponding to the revised pay band of Rs.9300-34800/- along with the Grade Pay of Rs.4600/-. Vide letter dated 15.09.2008, MoS&PI granted the grade pay of Rs.4600/- to juniors of the applicants w.e.f. 01.01.2006 but did not grant the same to the applicant since he had already retired.
6.3 It is further contended that the respondents have rightly rejected the case of the applicant for fixing the basic pension at Rs.9515/- as pensioner will not get any financial benefit due to revision of pension cases as per DoP&PW Order No. 38/37/08-P&PW(A) dated 30.07.2015. Hence, the applicant has no case and the current O.A. deserves to be dismissed.
7. I have gone through the facts of the case carefully and considered the rival submissions of both sides. The arguments put forth by learned counsel for the respondents, Sh. Manish Kumar, for denying upgradation in the pension of the applicant are not convincing. It is not in dispute that the 6th CPC specifically recommended the post of Data Processing Assistant in the pay scale of Rs.6500-10500 along with Grade Pay of Rs.4600/-. This recommendation was duly accepted by the Government of India vide Gazette Notification dated 29.08.2008. (Annexure R-16).