Matching Fragments
"7. We are unable to agree with this clarification given by
the Under Secretary to Government of India, since in an earlier
clarification, dated 21.11.2004 of the Deputy Secretary to
Government of India, it was clarified as to how the 4 year period is
to be counted for the purpose of granting non-functional
upgradation to Group-B Officer, i e whether the 4 year period is to
be counted with effect from the date on which an officer is placed in
the pay scale of Rs.7500-12000 (pre-revised) or with effect from
1.1.2006, i e the date on which the recommendation of the 6th CPC
came into force. It was clarified that the 4 year period is to be
counted with effect from the date on which an officer is placed in the
pay scale of Rs.7500-12000 (pre-revised).
8. Thus, if an officer has completed 4 years on 1.1.2006 or
earlier, he will be given the non-functional upgradation with effect
from 1.1.2006 and if the officer completes 4 years on a date after
1.1.2006, he will be given non-functional upgradation from such
date on which he completes 4 years in the pay scale of Rs.7,500-
12,000 (pre-revised), since the petitioner admittedly completed 4
years period in the pay scale of Rs.7500-12000 as on 1.1.2008, he is
entitled to grade pay of Rs.5400/-. In fact, the Government of India,
having accepted the recommendations of the 6th Pay Commission,
issued a resolution dated 29.8.2008 granting grade pay of Rs.5400/-
to the Group-B Officers in Pay Band-2 on non-functional basis after
four years of regular service in the grade pay of Rs.4800/- in Pay
Band-2. Therefore, denial of the same benefit to the petitioner based
on the clarification issued by the Under Secretary to the Government
was contrary to the above said clarification and without amending
the rules of the revised pay scale, such decision cannot be taken.
Therefore, we are inclined to interfere with the order of the
Tribunal."
''Since the upgradations have been granted on non-functional
basis which are not lined to vacancy, these upgradations may be
given w.e.f. 01.01.2006. However, due screening in regard to
vigilance clearance etc may be done by the competent authority
before upgradation.''
3.Accordingly, the pay scale of P.S.Group ''B'' Officers is to be
fixed as under:-
9 OA.No.170/01191/2019/CAT/BANGALORE
Pre- Corresponding Pay Band Eligibility
Revised and Grade Pay approved
Pay Scale by the Government
Pay Band Grade Pay
Rs. 7500- Rs 9300- Rs.4,800.00 Initial Entry 01/01/06
12000 34800[PB 2]
Rs. 8000- Rs. 9300- Rs.5,400.00 P. S Group "B" 01.01.2006
13500 34800[ PB 2] officers who after due
have screening
completed 4 from vigilance
years of angle.
service as on
01.01.2006 in
the pre-revised
scale of Rs.
7500-12000
