Document Fragment View

Matching Fragments

By Honble Mr. G. George Paracken, Member (J) Issue involved in both these OAs is the same and, therefore, they are being disposed of by this common order.

2. Applicants No.1 to 4 in OA 917/2011 were appointed as Bilingual Stenographers (Hindi-cum-English)(HCE for short) and Applicants No.5 and 6 were appointed as Hindi stenographers in Vidhi Sahitaya Prakashan (VSP for short) under Legislative Department, Ministry of Law and Justice. Except Applicant no.3, all others have been appointed in the VSP initially on deputation basis and later on they were absorbed there. Applicant No.3 has been appointed on direct recruitment basis through SSC. Applicants No.1 to 5 in OA 2726/2011, have been appointed as Stenographers/Personal Assistants (PAs for short) (Hindi) in the Official Language Wing (OLW for short) also under Legislative Department, Ministry of Law and Justice. Applicants No.6 to 12 have been appointed as PAs in different Regional Languages in the OLW. All of them are seeking Grade Pay of Rs.4600/- with arrears with effect from 1.1.2006 on the ground of historical parity with PAs of Central Secretariat Stenographers Service (CSSS for short). The representations of the Applications in OA No.917/2011 was considered by the Respondents but the same was rejected vide the Annexure A-1 Office Memorandum of Respondent No.2 dated 10.02.2011 on the ground that in the cases of Assistants and PAs belonging to CSSS, AFHQs, IFS(B) and RBSS there is an element of direct recruitment but same is not in the case of PAs/Stenographers (Hindi) in VSP. The relevant part of the said Memorandum reads as under:-

In connection to the representations, received from Personal Assistants/Stenographers (Hindi) of Vidhi Sahitya Prakashan, Legislative Department, Ministry of Law and Justice with regard to the above mentioned subject, a proposal was sent to the E.III B Branch, Department of Expenditure, Ministry of Finance in consultation with IF Division of Legislative Department.
Department of Expenditure, after examining the said proposal to extend Grade pay of Rs.4600/- to the Personal Assistants/Stenographers (Hindi) of Vidhi Sahitya Prakashan did not agree with the proposal. They have expressed the view that it has been decided to extend the pay structure of GP of Rs.4600/- PB-2 to Assistants belonging to CSS, AFHQS, IFS (B) & RBSS and PAs in their counter-parts stenographer services w.e.f. 1.1.2006, taking into account that there is an element of direct recruitment to the post of Assistant and PA of Central Secretariat and that through an All India Competitive Examination and the post of PA/Stenographer (Hindi) in VSP does not belong to such secretariat service, therefore, the benefit of this department OM dated 16.11.2009 cannot be extended to them.
2. Ministry of Finance (Department of Expenditure) has observed that vide their OM No.1/1/2008-IC dated 16.11.2009, the Assistants/Stenographers of CSS/CSSS have been placed in the Grade Pay of Rs.4600/- with effect from 01.01.2006 and this dispensation has been extended to Assistants/Stenographers of CSS/CSSS, AFHQS, IFS (B) and RBSS. However, as the post of Personal Assistants (Bilingual) in the Official Languages Wing does not belong to such secretariat services/headquarter, the Grade Pay of Rs.4600/- cannot be extended to them.
(iv) Vide the Legislative Departments OM dated 16.11.2009, the Assistant/Stenographers of CSS/CSSS have been placed in the GP of Rs.4600/- w.e.f. 01.01.2006. This dispensation has been extended to Assistant/Stenographers working in the CSS/CSSS, AFHQs, IFS (B) and RBSS. However, the post of Bilingual Stenographers does not belong to such Secretariat Services/Headquarters and there is, therefore, no case of rthe grant of higher Grade Pay of Rs.4600/- to them.

16. They have further submitted that there was no traditional parity of pay scales of Stenographers (Hindi) with that of CSS/CSSS. Moreover, the acceptance of the Applicants request would have wider repercussion from certain category of officials cutting across the Government.