One of my friend drafted Model application (Draft OA) for filing case in CAT for the merged scales of 5000-8000, 5500-9000 and 6500-10,500. I think this is useful for all discriminated. Kindly go through and use if it is relevant.
Before the Hon’ble Central Administrative Tribunal, …………………..
O.A.No. of 2010
Name……………….,aged …….
s/o……………………………residing
at................................................ ...... - :Petitioner
Vs
1. Union of India, rep.by
Secretary, Ministry of………………………………..
2. Secretary, Ministry of Personnel,Public Grievances
And Pension,Department of Personnel and Training
Lok Nayak Bhavan, New Delhi 110003
3. Secretary, Ministry of Finance
Department of Expenditure
North Block, New Delhi-110001: Respondents
The petitioner joined the service of Central Government Service as …………………………….in ………………..office, a subordinate office of the Ministry of……………………………………………………………….
2. The Pay and allowances of the Central Government Employees are being revised by the 3rd respondents by gazettee notifications based on the recommendations of the Pay Commissions constituted for the purpose by the govt. of India.
3. Accordingly the Recommendations of the 6th Pay Commission was approved by the 3rd Respondents as Central Civil Services (Revised Pay) Rule, 2008 and notified in the Gazette of India vide GSR No.622(E) dated 29th August, 2008 and in terms of Rule 6 of the Rules, all government servants are required to exercise their option for drawal of their pay in the revised pay structure in the format prescribed in the Second Schedule to the Rules (Exibit -1)
4. The Second Schedule stipules that one can either elect the revised pay structure with effect from 1st January, 2006 ie., from the date of implementation of revised pay OR to continue to draw the old scale till the date of one’s next increment OR till the date of one’s promotion.
5. As usual, the 3rd respondent in the gazette of India at page No.44 and 45 stated 1) what is the present scale,2) what is Revised Pay Scale 3) what is Pay Band 4) what is grade pay and 5) the ground on which the revised pay and grade pay was granted ie., the para No. of the Report under column No.7. under Section I and Section II of Part B of the gazette of India.
6. Accordingly the petitioner opted for revised pay w.e.f. 1st Janunary 2006 whereas the 1st respondent declined the same and allowed only Grade pay of Rs.4200 without any fixation neither in 6500-10,500 nor in 7450-11,500. If the Grade pay is Rs.4200, the pay is to be refixed in the revised scale of 6500-10,500 as the Grade pay of Rs.4200/- is arrived as 40% of the maximum of the scale of pay (ie., 10,500 x 40%=4200). If Grade pay of 4600/- is granted, the pay is to be fixed in 7450-11,500 first because 4600 is arrived as 40% of 11,500.
7. The Government constituted the Sixth Central Pay Commission vide Resolution No. 5/2/2006-E.III(A) dated October 5,2006. Four important Terms of references are reproduced here.
A. To examine the principles, the date of effect thereof that should govern the structure of pay, allowances and other facilities/benefits whether in cash or in kind to the Central Government employees:-
B. To transform the Central Government Organisations into modern,professional and citizen-friendly entities that are dedicated to the service of the people.
C. To work out a comprehensive pay package for the categories of Central Government employees that is suitably linked to promoting efficiency, productivity and economy through rationalization of structures, organizations, systems and processes within the Government, with a view to leveraging economy, accountability, responsibility, transparency, assimilation of technology and discipline.
D. To harmonize the functioning of the Central Government Organisations with the demands of the emerging global economic scenario. This would also take in account, among other relevant factors, the totality of
benefits available to the employees, need of rationalization and simplification, thereof, the prevailing pay structure and retirement benefits available under the Central Public Sector Undertakings, the economic conditions in the country, the need to observe fiscal prudence in the management of the economy, the resources of the Central Government and the demands thereon on account of economic and
social development, defence, national security and the global economic scenario, and the impact upon the finances of the States if the recommendations are adopted by the States.
8. But simultaneously (10 days) before the constitution of 6th cpc, the 2nd respondent vide OM No.20/29/2006-CS.II dated 25th September, 2006 did partiality and upgraded the pay scale of Assistants and Steno grade C(PA) of Central Secretariat Services alone from 5500-175-9000 to 6500-200-10,500 with effect from 15th September, 2006. (Exbit…)
9. Therefore, the 6th cpc in order to fulfil the terms of references in its report para 3.1.3 recommended that Higher pay scales in the Secretariat offices may have been justified in the past when formulation of proper policies was of paramount importance. The present position is different. Today, the weakest link in respect of any government policy is at the delivery stage. This phenomenon is not endemic to India. Internationally also, there is an increasing emphasis on strengthening the delivery lines and decentralization with greater role being assigned at delivery points which actually determines the benefit that the common citizen is going to derive out of any policy initiative of the government. The field offices are at the cutting edge of administration and may, in most cases, determine whether a particular policy turns out to be a success or a failure in terms of actual parity between similarly placed personnel employed in field offices and in the Secretariat. This parity will need to be absolute till the grade of Assistant.
10. Accordingly the 6th cpc further vide Para 3.1.14 parity between Field and Secretariat offices is recommended. This will involve merger of few grades. In the Stenographers cadre, the posts of Stenographers grade II and Grade 1 in the existing scales of Rs.4500-7000/Rs.5000-8000 and Rs.5500-9000 will, therefore stand merged and be placed in the higher pay scale of Rs.6500-10,500. In the case of non-secretariat offices, the posts of Head Clerks, Assistants, Office Superintendent and Administative Officers grade. III in the respective pay scales of rs.5000-8000, Rs.5500-9000 and Rs.6500-10,500 will stand merged.
11. The government of India while accepting the recommendations of the 6th cpc, the 3rd respondent merged the common categories of pre-revised scales of 5000-8000, Rs.5500-9000 and Rs.6500-10,500 with 6500-10,500 being upgraded to the next higher grade in pay band PB-2 ie., to the grade pay of Rs.4600 corresponding to the pre-revised pay scale of 7450-11,500 and the was included at page No.44 under section Section I part B of the Gazette of India as Central Civil Service(Revised Pay) rules, 2008 .
12. The 3rd respondent further issued Office Memoranda based on the above merging vide OM F.No.1/1/2008-IC dated 13th November, 2009 for Field Offices and vide OM No.1/1/2008-IC dated 16th November, 2009 for Central Secretariat Services granted Grade pay of Rs.4600/- w.e.f. 1st January, 2006.
1. As regards other isolated posts having pre-revised 5500-9000 also specific approvals are accorded at par with the common categories revising the existing scale of 5500-9000 to 7450-11,550 with GP under Section II as under:
a. The Primary School Teacher Grade.II (5500-9000) was given 7450-11,500 with GP4600. vide Gazettee notification page No.47 item No.1 of XVII.
b. Trained Graduate Teacher(5500-9000)also were granted the same vide item No.2
c. Senior Surveyor(5500-9000) in Archaeological survey of India were also given vide gazette Notification page No.51
d. The Company Prosecutor grade II drawing 6500-10,500 and grade.III drawing 5500-9000 were merged and upgraded to 7450-11,500 vide page No.51 of the gazettee notification
e. Legal Assistants (5500-9000) were also given vide page No.55
f. The Field office viz.National Informatics Centre of Department of Information Technology granted GP4600 vide letter No.22(2)2008-pers. Dated 12.1.2010.
g. EPFO (under Ministry of Labour) also granted 7450-11,500 to pre-5500-9000 vide letter No.HRD/1(12)99/RR/Pt.II/CATcase dated 29.1.2009.
h. The Employees Insurance Corporation also granted GP4600 vide letter No.A.27/17/2/2006-E.III dated 29.1.2010.
i. Ministry of finance vide OM.No.1/1/2008/IC dated 24.11.2008 extended 7450-11,500 to all Official language posts in the field offices also at par with CSS official language posts.
j. Finally now All India Radio also granted GP4600 even to UDCs and stenographer Gr.III (5000-8000 on ACP).
14. But the respondents 2 and 3 have already granted 7450-11,500 when the UDCs ( pre-revised 4000-6000) were promoted to Assistants on or after 2.1.2006 which is against the constitution ………………. The LDC, UDC and Assistants of Central Secretariat Services (CSS) and Field offices/Subordinate Offices were drawing same pre-revised scales 3050-4590, 4000-6000 and 5500-9000 till 31.12.2005 ie., till 5th cpc respectively and their pay are to be re-fixed based on the CCS(RP)Rules, 2008 as per 6th cpc in the revised pay first w.e.f. 1.1.2006 and grant the grade pay accordingly.
15. Similarly the Stenographers III, II and I working in the Central Secretatariat Service and Field Offices/Subordinate Offices were also drawing same pre-revised scales 4000-6000, 5000-8000 and 5500-9000 till 31.12.2005 (upto 5th cpc) and their pay are to be refixed based on the CCS(RP)Rules, 2008 as per 6th cpc in the revised pay first w.e.f. 1.1.2006 and grant the grade pay accordingly.
16. The Fundamental Rules (FR) and General Financial Rules (GFR) are one and same for the field offices and Central secretariat Services and following different fixations in the Central secretariat Services is against the constitution………………………………. For example, the exhbit No… clarifies the pay of the UDC (pre-4000-6000) is to be fixed on promotion(Assistants) in 7450-11,500 (pre-revised5500-9000) and the pay of these promottees were fixed at the minimum of 7450x1.86x4600. Whereas the UDCs who were promoted prior to 1.1.2006 ie., seniors and senior most to the pre-revised scale of 5500-9000 are declined the scale of 7450-11,500 and its fixation at the minimum. For example an Assistant in the Field office and Central Secretariat Services who was drawing pay of Rs 6025 as on 1.1.2006 in the pre-revised scale 5500-9000 was fixed as 6025x1.86+4600 and declined fixation in 7450-11,500 whereas his/her junior most who was promoted after 2.1.2006 are fixed at the minimum 7450 x 1.86+4600 in the scale 7450-11,500.
17. Whenever a pay commission report was implemented and approved by government what is available on the date of implementation ( ie.,from 1.1.2006 in the present 6th cpc) only can be opted from the date of next increment or date of promotion through option. Now the rules are violated and those who were opted the revised pay from 1.1.2006 are not allowed fixation from 1.1.2006 whereas the juniors and junior most are allowed re-fixation in the higher scale. It is a total violation discrimination among the central government employees as what is available to the same scale and post on 1.1.2006 only can be opted for the juniors on or after 2.1.2006 ie., w.e.f. the date of next increment/promotion.
18. The other relevant para graphs of the recommendations which approved by government of India are reproduced below:
a) Para 2.2.19 –salient features of the 6th cpc – recommended scales of 5000-8000, 5500-9000 and 6500-10,500 have been merged to bring parity between field offices; the Secretariat; the technical posts; and the workshop staff. This was necessary to ensure that due importance is given to the levels concerned with actual delivery. It is also noted that a large number of anomalies were created due to the placement of Inspectors/equivalent posts in CBDT/CBEC and Assistants/Personal Assistants of Central Secretariat Services/CSSS in the scale of 6500-200-10,500. The scales of Rs.5500-175-9000 and Rs.6500-200-10,500, in any case, had to be merged to resolve these anomalies.
b) Para 3.8.1of cpc Common categories of staff are those categories that are engaged in similar functions spread across various Ministries/departments/organizations of the Central Government. These catgegories are not limited to any specific ministry of department and, therefore, any decision taken for them impacts more than one Ministry/department/organization.
c) Para 3.8.3(g) of cpc As a measure of delayering, the Commission has recommended merger of the pay scales of Rs.5000-8000, 5500-9000 and Rs.6500-10,500. In a large number of cases, posts in these pay scales have existed as feeder and promotion post……In all such cases, the interests of personnel in the erstwhile promotion grade have been protected by ensuring that their seniority as well as higher pay is kept intact in the revised running pay bands being recommended by the Commission. But by granting fixation in 7450-11,500 at the minimum and GP4600 to the UDCs on their promotion, the cpc version “that their seniority as well as higher pay is kept intact in the revised running pay bands” is only a mere dialogue and cheating the senior employees as these seniors in CSS and field offices are continued to get less salary than their juniors and junior most.
19. The 3rd respondent in their RTI reply committed that parity vide para 3.1.14 of the 6th cpc has already been implemented vide Sl.No.II of Part B of the first schedule to CSS(RP)Rules, 2008. Sl.No.II of part B states that 5000-8000, 5500-9000 and 6500-10,5000 are merged.
20. Because of the discriminatory and contradictory stand of respondents 2 to 3, the seniors and and senior most are getting lower scale and lower fixation, whereas their juniors and junior most are given higher fixation
21. The 2nd respondent while notifying the Central Civial Service (Revised Pay) 2008 has not approved any special scale to Assistants in CSS alone in view of historical parity prevailed between CSS and field office and re-iterated by 6th cpc in its recommendations para 3.1.14 . Otherwise it would have been reflected in the Gazetee Notification as was done for the Section Officers of CSS in page No.44. (Section II). So the grade pay 4600 and fixation in 7450-11,500 is to be paid for these merged categories from 1.1.2006 instead from 15.9.2006 for both Central Secretariat Service and Field office (non-secretariat offices).
22. Though there were historical parity between field offices and CSS, the fixation was done contradictory and violating FR and GFR
23. In para 8 of this OA stated that vide OM No.20/29/2006-CS.II dated 25th September, 2006 the 2nd respondent did partiality and upgraded the pay scale of Assistants and Steno grade C(PA) of Central Secretariat Services alone from 5500-175-9000 to 6500-200-10,500 with effect from 15th September, 2006. But the actual delivery of the government machinery is taking place at the field level as per the recommendation of the 6th cpc vide paras 2.2.19 and 3.1.3 and the cpc recommended merging of these scales 5000-8000, 5500-9000 and 6500-10,500 from 1.1.2006 and not from 15.9.2006. Since the field offices are at the cutting edge of administration and may, in most cases, determine whether a particular policy turns out to be a success or a failure in terms of actual parity between similarly placed personnel employed in field offices and in the Secretariat. This parity will need to be absolute till the grade of Assistant in the field office and Secretariat from 1.1.2006.
24. A discriminatory and contradictory stand is taken by the respondents. The Hon’ble CAT in its judement in OA. No.164/2009 (MA.141/2009) dated 19th February, 2009, OA.No.1165/2010 dated 9.4.2010 have categorically delivered that this clearly shows that the 6th CPC recommendations have been adhered to not only in the CSS/CSSS but also in the case of other Organisations, who have had historical parity. As such, exclusion of the other employees and not meeting out the same treatment without any intelligible differentia having reasonable nexus with the object sought to be achieved, is an unreasonable classification and an invidious discrimination, which cannot be countenanced in the wake of Article 14 of the Constitution of India. Through the OA 164/2009 and OA No.1165/2010 , the hon’ble CAT quashed the government stand and granted parity upto the level of Section Officer in the CSS and field offices.
R E L I E F S
1. Call for the records leading to the issue of and quash Annexure (reply of the Minsitry……..(1st respondent)
2. Direct the respondents to extend the benefit of fixation for the merged scales in 7450-11,500 with effect from 1.1.2006 with grade pay of Rs.4600 including fixation at the minimum of the pay ie., 7450x1.86+4600 if the pay drawn was below the minimum as per RCCS(Revised Pay)Rules 2009 –Rule 7 (A) (ii) for both Field office and Central secretariat Services
3. Any other further relief or order as this Hon’ble Tribunal may deem fit and proper to meet the ends of the justice.
4. Award the cost of these proceedings.
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