Compilation of All Supporting Documents for Bunching Case Which Has No Recovery - Revised

7/28/2019 Compilation of All Supporting Documents for Bunching Case Which Has No Recovery - Revised

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Stepping up of Pay of Assistants/Steno Gr. C of CSS/CSSSA large number of references were received from individuals, cadre units and service

Associations seeking clarification consequent upon the manner of fixation of par ofAssistant of CSS prescribed by Department of Expenditure as per CCS (RP) Rules, 2008

and UO No. 10/1/2009-IC dated 14.12.2009.

All the cadre units are directed to follow D/o Expenditures clarification of manner of

fixation in the grade of Assistant and Stenographer Gr. C of CSS/CSSS as stated in D/o

Expenditures UO: No. 10/1/2009-IC dated 14.12.2009.


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IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH

Date of Decision : 3.11.2012

CWP No. 18438 of 2010Subhash Chander and others ..... Petitioner(s)

Versus

State of Haryana and others ..... Respondent(s)

CWP No. 13408 of 2010Chandi Ram and others ..... Petitioner(s)

Versus


CWP No. 20307 of 2010Ashok Vashisth and others ..... Petitioner(s)

Versus


CWP No. 824 of 2011Naresh Kumar and others Petitioner(s)


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CWP No. 18438 of 2010 and connected cases -2-

CWP No. 3856 of 2011Satbir Singh and others ..... Petitioner(s)

Versus


CWP No. 4343 of 2011

Gayatri and others ..... Petitioner(s)

Versus


CWP No. 4347 of 2011Manju Khurana and others ..... Petitioner(s)

Versus


CWP No. 6750 of 2011Krishan Kumar and others ..... Petitioner(s)

Versus


f


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CWP No. 7663 of 2011Ramesh Kumar and others ..... Petitioner(s)

Versus


CWP No. 8180 of 2011Subhash Chander and others ..... Petitioner(s)

Versus


CWP No. 10072 of 2011Rajbir Singh and others ..... Petitioner(s)

Versus


CWP No. 11471 of 2011Somvir Singh and others ..... Petitioner(s)

Versus


f


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CWP No. 11770 of 2011Chander Parkash and others ..... Petitioner(s)

Versus


CWP No. 12431 of 2011Pawan Kumar and others ..... Petitioner(s)

Versus


CWP No. 13066 of 2011Satvir Singh and others ..... Petitioner(s)

Versus


CWP No. 14669 of 2011Sanjay Kumar and others ..... Petitioner(s)

Versus


CWP No. 15882 of 2011dhb h d h ( )


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CWP No. 17033 of 2011Rajesh Kumar Yadav and others ..... Petitioner(s)

Versus


CWP No. 18184 of 2011Jai Kanwar and others ..... Petitioner(s)

Versus


CWP No. 18352 of 2011Raj Kumar and others ..... Petitioner(s)

Versus


CWP No. 21003 of 2011

Sarjeet Singh and others ..... Petitioner(s)

Versus


CWP No. 616 of 2012Kulvender Singh and others ..... Petitioner(s)


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CWP No. 3101 of 2012Monika and others ..... Petitioner(s)

Versus


CWP No. 3898 of 2012Umed Singh and others ..... Petitioner(s)

Versus


CWP No. 6992 of 2012Sanjay and others ..... Petitioner(s)

Versus


CWP No. 7978 of 2012Jagdish Chander Verma and others ..... Petitioner(s)

Versus


CWP No. 10363 of 2012


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CWP No. 15170 of 2012Rajender Singh ..... Petitioner(s)

Versus


CWP No. 16062 of 2012Ranvir Singh and others ..... Petitioner(s)

Versus


CWP No. 17949 of 2012Seema and others ..... Petitioner(s)

Versus


CWP No. 21256 of 2012Kishan Lal and others ..... Petitioner(s)

Versus



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Mr. Vivek Arora, Advocate,(in CWPs No. 3856, 6750, 7034, 7663, 8180, 10072, 11471,

11689, 12431, 13066 of 2011)Mr. S.K. Yadav, Advocate, (in CWP No. 18352 of 2011)

Mr. N.S. Shekhawat, Advocate, (in CWP No. 21003 of 2011)Mr. S.K. Verma, Advocate, (in CWP No. 15170 of 2012)Mr. Sandeep Kotla, Advocate,(in CWPs No. 3101, 6992 17949 of 2012)Mr. S.K. Redhu, Advocate,(in CWPs No. 4343, 4347 of 2011 and 10363, 21256 of 2012)for the petitioners.

Mr. Harish Rathee, Senior DAG Haryana.

AUGUSTINE GEORGE MASIH, J.

By this order, I propose to decide Civil Writ Petitions No. 18438,

20307, 13408 of 2010 and 824, 3856, 4343, 4347, 6750, 7034, 7663, 8180,

10072, 11471, 11689, 11770, 12431, 13066, 14669, 15882, 17033, 18184

18352, 21003 of 2011 and 616, 3101, 3898, 6992, 7978, 10363, 15170,

16062, 17949, 21256 of 2012, as common questions of facts and law are

involved in these cases which have been taken up together as per the request

and on the consent of the counsel for the parties. For brevity, the facts are

taken from CWP No. 18438 of 2010.

Petitioners in these cases have approached this Court, impugning

the order dated 14.6.2010 (Annexure-P-4), issued by the Government of

Haryana, Department of Finance, interpreting Note 2 below Rule 7 of the

Haryana Civil Services (Revised Pay) Rules, 2008 (in short 'HCS(RP) Rules,

2008') and Note 2 below Rule 18 of the Haryana Civil Services (Assured

Career Progression) Rules, 2008 (in short 'HCS(ACP) Rules, 2008'), whereby


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Part-I of the HCS(ACP) Rules, 2008, as the case may be, on the ground that

this interpretation is alien to the statutory Rules, framed under Article 309 of

the Constitution of India and through executive/administration instructions,

the statutory Rules cannot be amended, altered or modified and such action of

the respondents is violative of the judgment of the Hon'ble Supreme Court in

the case of State of Haryana Versus Shamsher Jang Bahadur and others, 1972

SLR 441 and further that the recovery cannot be effected from the petitioners

as pay fixation had been done by the respondents on their own due to mis-

interpretation of the Rules. There are no allegations of mis-representation or

fraud played by the petitioners and thus, the claim of the petitioners for no

recovery is covered by the Full Bench judgment of this Court in Budh Ram

and others Versus State of Haryana and others, 2009(3) PLR 511. Reliance

has also been placed upon a Division Bench judgment of this Court in CWP

No. 18601 of 2006 titled as Om Parkash and others Versus State of Haryana

and others, decided on 10.4.2008, wherein a similar situation had arisen under

the Haryana Civil Services (Revised Pay) Rules, 1998 and Haryana Civil

Services (Assured Career Progression) Rules, 1998, where again admissible

bunching in the revised grades were initially granted but on a clarification

issued by the Government of Haryana, the same was withdrawn which was

challenged and the said challenge was upheld by this Court, holding the

petitioners entitled to the grant of increment and the explanation issued by the

Government of Haryana, to be violative of the statutory Rules and thus, not


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prior to the new revision of the pay scale. The scale of the present petitioners

were revised by the Government in pre-revised scales from Rs. 4500-7000 to

Rs. 6500-10500, thus, the benefit claimed by the petitioners under the present

writ petition was not admissible to them and the pay of the petitioners was

rightly reduced by the respondents. It has been stated that the proviso

attached to Rule 7 of the HCS(RP) Rules, 2008 and Rule 18 of the HCS(ACP)

Rules, 2008, shall not be applicable in such cases as that of the petitioners.

Accordingly, it has been asserted that the petitioners are not entitled to the

claim made by them in the present writ petition. Rule 7 of the HCS(RP)

Rules, 2008 prescribes that where, in the fixation of pay, the pay of

Government servants drawing pay at two or more consecutive stages in an

existing scale gets bunched, that is to say, gets fixed in the revised pay

structure at the same stage in the pay band, then, for every two stages so

bunched, benefit of one increment shall be given so as to avoid bunching of

more than two stages in the revised running pay bands. For the purpose, the

increment will be calculated on the pay in the pay band. Grade pay would not

be taken into account for the purpose of granting increments to alleviate

bunching. On this basis, it has been stated that the petitioners are not entitled

to the benefit which was earlier granted to them and has now been withdrawn

as per the order dated 14.6.2010, issued by the Government of Haryana,

Department of Finance.

Counsel for the parties have argued their cases referring to the


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For resolving the controversy, which has been raised in these writ

petitions, reference to Rule 7 of the HCS(RP) Rules, 2008 and Rule 18 of the

HCS(ACP) Rules, 2008, have to be necessarily made. Rule 7 of the HCS(RP)

Rules, 2008 read as follows :-

7. Fixation of initial pay in the revised pay structure :

(1) The initial pay of a Government servant who elects or

is deemed to have elected under sub-rule (3) of rule 6 to

be governed by the revised pay structure on and from the

1st day of January, 2006, shall, unless in any case the

Government by special order otherwise directs, be fixed

separately in respect of his substantive pay in the

permanent post on which he holds a lien or would have

held a lien if it had not been suspended, and in respect of

his pay in officiating post held by him, in the following

manners namely:-

(A) In the case of all employees

(i) The pay in the pay band/ pay scale will be determined

by multiplying the existing basic pay as on 1.1.2006

by a factor of 1.86 and rounding off the resultant

figure to the next multiple of 10.

(ii) If the minimum of the revised pay band/ pay scale is

more than the amount arrived at as per (i) above the

pay shall be fixed at the minimum of the revised pay

band/ pay scale:

Provided further that:

Where, in the fixation of pay, the pay of Government

servants drawing pay at two or more consecutive

stages in an existing scale gets bunched, that is to


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purpose, the increment will be calculated on the pay

in the pay band. Grade pay would not be taken into

account for the purpose of granting increments to

alleviate bunching.

In the case of pay scales in higher administrative

grade (HAG) in the pay band PB-4, benefit of

increments due to bunching shall be given taking into

account all the stages in different pay scales in this

grade.

If by stepping up of the pay as above, the pay of a

Government servant gets fixed at a stage in the

revised pay band/ pay scale (where applicable) which

is higher than the stage in the revised pay band at

which the pay of a Government servant who was

drawing pay at the next higher stage or stages in the

same existing scale is fixed, the pay of the latter shall

also be stepped up only to the extent by which it falls

short of that of the former.

The pay in the pay band will be determined in the

above manner. In addition to the pay in the pay band,

grade pay corresponding to the existing scale will be

payable.

*[(A-1) In cases of employees belonging to the category

of teachers and equivalent cadres in Universities and

Colleges, provision under sub-clause (A) shall not apply

and in its place, following shall apply to them:

(i) The pay in the pay band will be determined by

multiplying the existing basic pay as on1.1.2006 by a factor of 1.86 and rounding off


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Provided further that:

(a) Where, in the fixation of pay, the pay of

employees drawing pay at two or more

consecutive stages in an existing scale gets

fixed in the revised pay structure at the same

stage in the pay band in PB-3, then, for every

two stages so bunched, benefit of one

increment shall be given so as to avoid

bunching of more than two stages in the

revised running pay band of PB-3. For this

purpose, the increment will be calculated on

the pay in the pay band alone and Grade pay

would not be taken into account for the

purpose of granting increments to alleviate

bunching.

(b) Where, in the fixation of the pay, the pay of

employees drawing pay at four or more

consecutive stages in an existing scale gets

bunched, that is to say, gets fixed in the

revised pay structure at the same stage in the

pay band in PB-4, then, for up to the first four

stages so bunched, benefit of one increment

shall be given at the first place and thereafter

for every two further subsequent stages so

bunched, benefit of one further increment

shall be given so as to avoid bunching of more

than four stages in the revised running pay

band of PB-4. For this purpose, the incrementwill be calculated on the pay in the pay band


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revised pay band/ pay scale (where applicable)

which is higher than the stage in the revised

pay band at which the pay of an employee

who was drawing pay at the next higher stage

or stages in the same existing scale is fixed,

the pay of the latter shall also be stepped up

only to the extent by which it falls short of

that of the former.

(d) The pay in the pay band will be determined in

the above manner and in addition to the pay in

the pay band so arrived,, grade pay

corresponding to the existing scale will be

also be payable.]

(B) In the case of employees who are in receipt of special

pay/ allowance in addition to pay in the existing

scale which has been recommended for replacement

by a pay band and grade pay without any special pay/

allowance, pay shall be fixed in the revised pay

structure in accordance with the provisions of (A)

above.

(C) In the case of employees who are in receipt of

special pay component with any other nomenclature

in addition to pay in the existing scales, such as

personal pay for promoting small family norms, etc.,

and in whose case the same has been replaced in the

revised pay structure with corresponding allowance/

pay at the same rate or at a different rate, the pay in

the revised structure shall be fixed in accordancewith the provisions of clause (A) above. In such


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(D) In the case of medical officers who are in receipt of

Non-Practising Allowance (NPA), the pay in the

revised pay structure shall be fixed in accordance

with the provisions of clause (A) above except that,

in such cases, the pre-revised dearness allowance

appropriate to the non-practising allowance

(excluding dearness pay component on NPA)

admissible at index average 536 (1982=100) shall be

added while fixing the pay in the revised pay band.

Illustration 3 in Explanatory Memorandum to these

rules may be referred to in this regard.

Note 1. A Government servant who is on leave on the

1st day of January, 2006, and is entitled to

leave salary shall become entitled to pay in

the revised pay structure from 1.1.2006 or the

date of option for the revised pay structure.

Similarly, where a Government servant is on

study leave on the first day of January, 2006,

he will be entitled to the benefits under these

rules from 1.1.2006 or the date of option.

Note 2. Where a post has been upgraded as

indicated in Part B of the First Schedule to

these Rules, the fixation of pay in the

applicable pay band will be done in the

manner prescribed in accordance with

clause (A) (i) and (ii) of rule 7 by

multiplying the existing basic pay as on

1.1.2006 by a factor of 1.86 and roundingthe resultant figure to the next multiple of


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regard is in Explanatory Memorandum to

these rules.

Note 3.In case of Government servant under

suspension, he shall continue to draw

subsistence allowance based on existing

scale of pay and his pay in the revised

structure of pay will be subject to final order

on the pending disciplinary proceedings or

otherwise a final order, as the case may be.

Note 4. Where the existing emoluments exceed the

revised emoluments in the case of any

Government servant, the difference shall be

allowed as personal pay to be absorbed in

future increases in pay.

Note 5. Where in the fixation of pay under sub-rule

(1), the pay of a Government servant, who, in

the existing scale was drawing immediately

before the 1st day of January, 2006, more pay

than another Government servant junior to

him in the same cadre, gets fixed in the

revised pay band at a stage lower than that of

such junior, his pay shall be stepped upto the

same stage in the revised pay band as that of

the junior.

Note 6. Where a Government servant is in receipt of

personal pay on the 1st day of January, 2006,

which, together with his existing emoluments

exceeds the revised emoluments, then thedifference representing such excess shall be


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of January, 2006, draws less pay in the

revised pay structure than his junior who is

promoted to the higher post on or after the 1st

day of January, 2006, the pay in the pay band

of the senior Government servant should be

stepped up to an amount equal to the pay in

the pay band as fixed for his junior in that

higher post. The stepping up should be done

with effect from the date of promotion of the

junior Government servant subject to the

fulfillment of the following conditions,

namely:

(a) both the junior and the senior Government

servants should belong to the same cadre

and the posts in which they have been

promoted should be identical in the same

cadre;

(b) the pre-revised scale of pay and the

revised grade pay of the lower and higher

posts in which they are entitled to draw

pay should be same;

(c) the senior Government servants at the

time of his promotion should have been

drawing equal or more pay than the

junior;

(d) the anomaly should be directly as a result

of the application of the provisions of

CSR or any other rule or order regulatingpay fixation on such promotion in the


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provision of this Note need not be

invoked to step up the pay of the senior

officer.

(2) Subject to the provisions of rule 5, if the pay as fixed

in the officiating post under sub-rule (1) is lower than the

pay fixed in the substantive post, the former shall be

fixed at the same stage as in the substantive pay.

Relevant part of the 1st Schedule, Part-B, referred to in Note 2

above, reads as follows :-

THE FIRST SCHEDULE, PART-A

xxxxxxx xxxxxxx xxxxxxx

PART-B

xxxxxxx xxxxxxx xxxxxxx

15. Posts in Education Department

i. JBT Teacher 4500-7000 6500-10500 PB-2 4200ii. P.T.I 4500-7000 5500-9000 PB-2 3600iii. Drawing Teacher 4500-7000 5500-9000 PB-2 3600iv. Cutting & Tailoring4500-7000 5500-9000 PB-2 3600Teacher

v. Head Teacher 5500-9000 7450-11500 PB-2 4600

______________________________________________________________*Sr. Name of the Pre-revied pay Revised Pay Further modified Pre-revised pay

No. post/Cadre scale as on Structure scale/revised pay structure1.1.06 Pay w.e.f. 1.1.06 Pay Band/Grade PayBand/GradePay

_________________________________________________________________________(ii) PTI 4500-7000 9300-34800 6500-10500 9300-34800

Teacher PB-2 PB-2GP-3600 GP-4200

(iii) Art & Craft 4500-7000 9300-34800 6500-10500 9300-34800

(Drawing Teacher) PB-2 PB-2GP-3600 GP-4200


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__________________________________________________________________________

(1) (2) (3) (4) (5) (6)__________________________________________________________________________

v. Head Teacher Primary School 5500-9000 7450-11500 PB2 4600vi. Master 5500-9000 7450-11500 PB2 4600vii. Language Teacher (Hindi/ 5500-9000 7450-11500 PB2 4600

Punjabi/Sanskrit & HindiTeacher Primary)

viii. Head Master Middle School 6500-9900 7450-11500 PB2 4600ix. School Lecturer 6500-10500 7500-11500 PB2 4800x. Head Master High School 7500-12000 8000-13500 PB2 5400

xi. Principal, Sr. Sec. School 8000-13500 10000-13900 PB3 6000Dy. DEO/BEO/Asstt.Director (Academic)

xii. DEO/DEEO/Principal, 10000-13900 10000-15200 PB3 6400DIET/Dy. Director

xiii. Joint Director/Director, SRC/ 10000-15200 12000-16500 PB3 7600SCERT/Sharmik Vidyapeeth

These instructions will take effect notionally w.e.f. 01.01.2006 and actually w.e.f.

01.09.2009.

The pay of these categories of Teachers will be fixed as prescribed under the

Haryana Civil Services (Revised Pay) Rules, 2008.

Rule 18 of the HCS(ACP) Rules, 2008 is analogous and,

therefore, is not being reproduced herein as the interpretation, which has been

put-forth, vide impugned order dated 14.6.2010 (Annexure-P-4), has the

similar impact and effect.

Petitioners in these writ petitions are working on regular basis on

the posts of JBT/C&V teacher/Head teacher and all of them initially joined as

JBT teachers and some of them have been subsequently promoted as head

teacher. As per Rule 7 of the HCS(RP) Rules, 2008 and Rule 18 of the HCS

(ACP) Rules, 2008 and the proviso provided thereunder deals with the initial

fi i A l f h i R l 7 f h HCS(RP) R l 2008


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is fixed/revised in assured career progression pay structure. Petitioners were

given the benefit of this proviso and their pay was accordingly fixed which

has now been withdrawn in the light of the order dated 14.6.2010, issued by

the Government of Haryana, Department of Finance. Note 2 of the above

Rules infact supports the claim of the petitioners, whose pre-revised pay

scales of the post, have been upgraded as indicated in part-B of the 1st

Schedule of the HCS(RP) Rules, 2008 and in column 4 of Schedule-I Part-I of

the HCS(ACP) Rules, 2008. Proviso to Rule 7 makes it amply clear that the

benefit of bunching has to be granted to those Government servants whose

pay gets fixed in the revised pay structure at the same stage in the pay band at

two or more consecutive stages in an existing scale. For every two stages so

bunched, benefit of one increment shall be given so as to avoid bunching of

more than two stages in the revised running pay bands. It further provides that

for this purpose, the increment will be calculated in the pay of the relevant

pay band. Note 2 to this Rule provides that where a post has been upgraded,

as indicated in Part-B of the 1st Schedule of these Rules, the manner

prescribed in accordance with Clause A (i) and (ii) of Rule 7 for fixation of

pay in the applicable pay band will be done by multiplying the existing pay as

on 1.1.2006 by a factor of 1.86 and rounding the resultant figure to the next

multiple of 10. The grade pay corresponding to the upgraded scale as

indicated in column 6 of the Part-B of the 1st Schedule will be payable in

addition. Illustration 4 referred to in Note 2 to Rule 17 further clarifies this


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Illustration 4: Pay fixation in cases where posts have been upgraded e.g. posts in pre-revised pay scale of Rs.3050-75-3950-80-4590 to Rs.3200-85-4900scale

1. Existing Scale of Pay Rs. 3050-4590(Corresponding Grade Pay Rs.1900)

2. Pay Band applicable PB-1 Rs.5200-20200

3. Upgraded to the Scale of Pay Rs. 3200-4900(Corresponding Grade Pay Rs. 2000)

4. Existing basic pay as on 1.1.2006 Rs. 3125

5. Pay after multiplication by a factor of Rs. 5813 (Rounded off to Rs. 5820)1.86

6. Pay in the Pay Band PB-2 Rs. 5820

7. Pay in the pay band after including Rs. 5820benefit of bunching in the pre-revisedScale of Rs.3050-4590, if admissible

8. Grade Pay attached to the scale of Rs. 2000Rs. 3200-4900

9. Revised basic pay- total of pay in the pay Rs.7820band and grade pay.

A perusal of the above leaves no manner of doubt that the benefit

of bunching in the pre-revised scale is admissible to the post where the pre-

revised pay scales have been upgraded.

In the light of the above, the interpretation which has been put-

forth by the respondents through the impugned order dated 14.6.2010

(Annexure-P-4), stating therein that the proviso attached to Rule 7 of the HCS

(RP) Rules, 2008 and Rule 18 of the HCS(ACP) Rules, 2008, is not applicable

to the cases where the pay revision has been upgraded, is contrary to the Rules

and, therefore, cannot sustain. By now it is a well settled principle of law that


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supplement and explain the statutory Rules, but cannot override nor set at

naught the mere object of enactment, unless such an intention is clear and is

permitted from the statute itself. Rules framed under Article 309 of the

Constitution of India has overriding effect upon the administrative

instructions which although, may be subsequent, but contrary to the statute

and thus, cannot survive.

In view of the above, the impugned order dated 14.6.2010

(Annexure-P-4) is hereby quashed being contrary to the HCS(RP) Rules, 2008

and HCS(ACP) Rules, 2008. The writ petitions are allowed. The reduction of

the pay of the petitioners in pursuance to the order dated 14.6.2010

(Annexure-P-4) consequently stands quashed. Recovery, if any, effected from

the petitioners, on account of re-fixation of their pay on the basis of order

dated 14.6.2010 (Annexure-P-4) be refunded to the respective petitioners

within a period of three months from today. The consequential benefits to the

petitioners be granted within a further period of two months.

(AUGUSTINE GEORGE MASIH)JUDGE

3.11.2012sjks


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Central Administrative Tribunal - ErnakulamK.K.Vijayan, S/O Krishnankutty ... vs The Principal Registrar on 13 July,2012ERNAKULAM BENCH

O.A No. 856 /2011

Friday, this the 13th day of July, 2012.

CORAM

HON'BLE Dr K.B.S.RAJAN, JUDICIAL MEMBER

HON'BLE Ms. K.NOORJEHAN, ADMINISTRATIVE MEMBER

1. K.K.Vijayan, S/o Krishnankutty Panicker, Assistant, Central Administrative

Tribunal, Ernakulam Bench, Ernakulam,

Permanent address: Kalarikkal House,

P.O.Perincherry, Ollur,

Trichur District.

2. Vatsala S.Nath, W/o Sabarinath,

Court Master, Central Administrative Tribunal, Ernakulam Bench, Ernakulam,

Permanent address: "Ragam", Ulanad.P.O. Kulanada, Pandalam-

689 503.

3. K.R.Manoharan, S/o K.A.Raman,

Upper Division Clerk, Central Administrative Tribunal, Ernakulam Bench,

Ernakulam,

Permanent address: Kattukaran House,

Kuzhupilly, P.O.Ayyampilly,

Ernakulam District - Applicants (By Advocate Mr T C Govindaswamy)


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v.

1. The Principal Registrar,

Central Administrative Tribunal,

Principal Bench, New Delhi.

2. The Registrar,


Ernakulam Bench,

Ernakulam, Kochi-17.

3. The Deputy Registrar,


Ernakulam Bench,

Ernakulam, Kochi-17.

4. Union of India represented by

the Secretary to Government of India,

Ministry of Personnel, Public Grievances & Pensions, Department of

Personnel,

New Delhi-110 001.

5. Secretary, Government of India,

Ministry of Finance,

New Delhi-110 001. .........- Respondents (By Advocate Mr Thomas Mathew

Nellimoottil) This application having been finally heard on 06.07.2012, the

Tribunal on 13.07.2012 delivered the following:

O R D E R


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HON'BLE Dr K.B.S.RAJAN, JUDICIAL MEMBER

The legal issue involved in this OA pertains to parity in matters of fixation pay

as on 01-01-2006 in the pay scale of Assistants in the Central Administrative

Tribunal of Ernakulam Bench. The prayer of the applicants is as under:-

(a) Declare that the applicants are entitled to the benefit of fitment as granted

to Shri T.Srinivasa, Assistant of the Bangalore Bench of the Hon'ble Central

Administrative Tribunal in terms of A7 and direct the respondents to fix the

applicant's pay accordingly;

(b) Declare that the applicants are entitled to be granted the benefit of

Anenxures.A1,A2, A4 and A5 with effect from 15.9.2006 and to be thus

granted the scale of pay of Rs. 6500-10500 and an option to come over to therevised pay band plus GP with effect from that date, as has been granted to

the Assistant/Stenographers Grade C of the Central Secretariat Service/Central

Secretariat Stenographers Service;

(c) Direct the respondents to grant the applicants the scale of pay of Rs. 6500-

10500 with effect from 15.9.2006, with a further option to come over to the

revised pay band plus GP with effect from 15.9.2006 after drawing the pay

scale of Rs. 6500-10500, with all consequential benefits of arrears of pay and

allowances arising there from. (d) Award costs of and incidental to this

application; (e) Pass such other orders or direction as deemed just fit and

necessary in the facts and circumstances of the case.

2. At the very outset it is to be mentioned that the counsel for the applicant

submitted that if prayer at (a) above is allowed, the next two prayers become

redundant for, prayers at (a) and (b) & (c) are in the alternative.

3. The facts capsule: The applicants are functioning respectively as Assistants,Court Master (stenographer Gr. 'C') and Upper Division Clerk in the Central

Administrative Tribunal, Ernakulam Bench. The pay scales of both Assistant

and Stenographer Gr. 'C' have been identical right from the beginning. The 3rd

applicant has been afforded the second financial upgradation under the ACP

scheme in the pay scale of Rs 5,500 - 9,000 w.e.f. 18-04-2005. Thus, for the

purposes of this OA, since the claim relates to fixation of pay in the pay scale

of an assistant, all the applicants are in the same pedestal.

4. The post of Assistant and stenographer Gr. C in the Central Administrative

Tribunal has been right from the beginning equated with those of in the


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Central Secretariat Services (CSS)/Central Secretariat Stenographers Services

(CSSS) for all purposes. This historical parity has been reiterated in the decision

of the Tribunal in the case of S.K. Sareen vs Union of India & Others (OA

No. 777 of 1992 (decided on 20-12-1992) and later on in OA No. 164 of 2009

decided on 19-02- 2009.

5. Prior to 01-01-2006 the pay scale of the Assistants had been Rs 5,500-9000.

On the recommendation of the VI Central Pay Commission, the pay scale of

Assistants of the CSS and stenographers of the CSSS cadre underwent an

upward revision from the above scale to Rs 6,500 - 10,500/- effective from 15-

09-2006 (Later on, the pay scale of Assistants in the CSS Cadre and the

stenographer in the CSSS cadre was revised from 6,500 - 10,500 to 7450 -

11500) and in so far as further revision on the basis of the Revised Pay Rules,

2008, the pay scale admissible to these posts has been Rs 9,300 - 34,800 with

grade pay of Rs 4,200/-. Since the revision of the pay scale in the pre-revised

pay scale effective from 01-01-2006 was made effective from 15-09-2006,

option had been made available for deferring the revision under the provisions

of Rule 7 of the CCS(Revised Pay) Rule, 2008 to such assistants in CSS cadre

and the Stenographers in the CSSS Cadre. Annexure A-4 note dated 23-06-

2009 refers. A further clarification was issued with reference to the entitlement

of those who have been granted the pay scale of Assistants as financial

upgradation under the ACP Scheme, vide Annexure A-5 note dated 14-12-2009.

6. In so far as the staff of Central Administrative Tribunal were concerned,

since the above upward revision in the pre revised scale was not initially

afforded, some of the Stenographers Gr. C moved the Principal Bench of the

C.A.T. in OA No. 1165 of 2010 (Smt. Sunita Dutt and others) and the Tribunal

by its order dated 09-04- 2010 directed the Department of Personnel and

Training (DoPT) to treat the entire OA as a representation and consider theclaim of the applicants therein. And, the DoPT, on due consideration had

issued an order dated 6th July, 2010 which reads as under:- "No.P-

20011/21/2010-AT

Government of India

Ministry of Personnel, Public Grievances and Pensions Department of

Personnel & Training

New Delhi dated the 6th July,2010


34/46

ORDER

Subject:- Implementation for the recommendations of the 6th Pay Commission

in respect of Assistants/Stenographers Gr.'C'/Court Masters in the Central

Administrative Tribunal.

Pursuant to the orders in OA No.1165/2010 and MA 866/2010 dated 9.4.2010

(Shri Sunita Dutt versus Union of India and others) Assistants/Stenographers

Gr.'C'/Court Masters in the Central Administrative Tribunal are granted the

revised pay structure as indicated below with effect from 1.1.2006.

Designation Pre-revised pay scale Revised pay structure Pay Grade

Band Pay

Assistants/ Rs.5500-9000 PB-2 Rs.4600

Stenographers Gr.'C' Revised to Court Masters Rs.7450-225-11500)

2. This issues with the concurrence of the Ministry of Finance (Department of

Expenditure) vide its ID No.33(3)/2010-E.III(B) dated 21.06.2010 and the

integrated Finance Division (MHA) vide their Dy.No.CF-61842/Fin.II dated

5.7.2010.

Sd/- Manju Pandey

Director"

7. It is to be noted here that by the time the above order came to be passed,

the pay scale of the counterparts in CSSS cadre (as also CSS cadre) had been

revised from 6500 - 10500 to 7450 - 11500).

8. Thus, the above would reflect that when the pay scale of Assistants and

Stenographer Gr. 'C' in the C.A.T. had been revised from 5,500 - 9,000 to

7450 - 11500 directly, their counterparts in the CSS and CSSS cadre had the

benefit of higher pay scale first in the scale of Rs 6,500 - 10,500 w.e.f. 15-09-

2006 with the option available under the Revised Pay Rules and further the

next scale of Rs 7,450 - 11500. This has resulted in some disparity consequent

to which, the first applicant herein moved a representation dated 10-07-2009

for fixation of his pay in the scale of pay of Rs 6,500 - 10,500 vide Annexure

A-6.


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9. After the issue of the order dated 06-07-2010 (Annexure A-3) the Bangalore

Bench of the C.A.T. had, vide Annexure A-7 order dated 23-11-2010, fixed the

pay of one Shri T. Srinivasa, Assistant of C.A.T. Bangalore Bench. The

individual was drawing the pay in the scale of Rs 5,500 - 9000 at the stage of

Rs 6,000 as on 01-01-2006. On the basis of his option exercised under Rule 7of the Pay Rules, 2008, his pay was fixed notionally w.e.f. 02-01-2006 in the

pay scale of Rs 7,450 - 11,500 and actually in the revised pay scale of Rs 9,300

- 34,800 plus G.P. Of Rs 4,600 and the pay of the said individual as on 01-01-

2006 came to be Rs 13,860 plus Grade Pay of Rs 4,600/-. The claim of the

applicants is that their pay should also be fixed in the very same fashion as had

been done in the case of Shri T. Srinivasa of the Bangalore Bench. Hence, this

petition, with the reliefs as extracted above.

10. Respondents have contested the O.A. They have stated that in so far as the

claim of the applicants as in prayer (b) and (c) at para 8, the same cannot be

acceded to in view of the fact that the pay scale of the applicants has never

been fixed at any stage in the scale of Rs 6,500 - 10,500 and as such. They

have in fact sought clarification from the Nodal Ministry DoPT vide Annexure

R 1(a) and (b) and the Ministry had informed the Principal Bench that that the

pay should be fixed in accordance with the Revised Pay Rules, vide Annexure

R1(c). In so far as the fixation of pay in the scale of Rs 7450 - 11,500, referring

to the pay fixation in the case of T. Srinivasa, Assistant of the Bangalore Bench,the Respondents have stated that the same, in respect of the first applicant has

been fixed vide order dated 20-01- 2012, at Annexure R1(d). Hence, the

respondents have stated that the applicants are not entitled to any further

relief.

11. Counsel for the applicants has taken us through various documents and

stated that the claim of the applicant for fixation of pay in the scale of Rs

6,500 - 10,500 is not insisted in view of the fact that the pay scale had beendirectly revised from Rs 5,500 - 9,000 to Rs 7,450 - 11,500. In so far as

fixation as contained in Annexure R1(d) is concerned, the counsel submitted

that a comparison of the same with that of Annexure A-7 would reveal the

difference in the fixation so granted to applicant No. 1. Referring to the table

of concordance as contained in the RP Rule, 2008, the counsel submitted that

whereas in the case of Shri T. Srinivasa the fixation has been on the basis of the

pay fixed prior to revision in the latest pay scale was in the scale of Rs 7,450 -

11,500 as on 01-01-2006 and thereafter, pay fixed in the scale of 9,300 -

34,800 plus grade pay of Rs 4,600/- in the case of the applicant No. 1, the pay

fixed is as on 01-01-2008 Thus there is a difference of two years in the


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applicant No. 1 reaching the pay of his counter part at Bangalore, as on 01-01-

2006. In fact, applicant No. 1 had been enjoying the second financial

upgradation since 11-02-2005 and he had been regularly promoted as Assistant

on 01-01-2009. Thus, as on 01-01-2006 the pay of applicant No. 1 being that

of Assistant, revision as on 01-01-2006 should have been made first in the scaleof Rs 7450 - 11500 and thereafter, his pay fixed in the scale of Rs 9,300 -

34,800 plus grade pay of Rs 4,600/-. The counsel argued that since financial

upgradation is in lieu of promotion to a particular post, there cannot be any

difference in fixation of pay.

12. Counsel for the respondent has submitted that the applicants are not

entitled to any fixation with reference to the pay scale of Rs 6,500 - 10,500

and as regards fixation in the grade of Rs 7,450 - 11,500/- the latest order on

20-1-2012 vide Annexure R 1(d) would fulfill the requirement.

13. Arguments were heard and documents perused. The matter is not complex.

The claim of the applicants is that the manner in which the Bangalore Bench

had fixed the pay of Shri T. Srinivasa should be adopted in the pay fixation of

the applicants as well. It is not the case of the respondents that the pay fixed

by the Bangalore Bench is erroneous. Once the manner of fixation of pay is

held not erroneous, justice demands that the same is adopted in all identical

cases. Admittedly, the cases of Shri T. Srinivasa and the applicants in thepresent O.A. are identical. Be it promotion to the post of Assistant, or financial

upgradation to the pay scale of Assistant, as long as both are prior to 01-01-

2006, fixation of pay as on 01-01-2006 in the pay scale of Rs 7,450 - 11,500

first and thereafter, fixation in the revised scale of Rs 9300 - 34500 plus grade

pay of Rs 4600 should be uniform.

14. In view of the above, the O.A. is allowed. Respondents are directed to

adopt the same method of fixation of pay of the applicants as on 01-01-2006

first in the pay scale of Rs 7450 - 11500 notionally and actually thereafter in

the pay scale of Rs 9300 - 34500 plus grade pay of Rs 4600/- as has been

adopted in the case of T. Srinivasa of Bangalore Bench. This order may be

complied with, within a period of three months from the date of

communication of this order.

15. Respondents may also consider this order as a judgment in rem and apply

the same to others similarly situated, as the same would avoid multiplicity of

litigation. In fact, the Apex Court in a number of cases and the V CPC in para126.5 have emphasized such a practice. It is appropriate to cite the same as


37/46

hereunder:- (a) The Apex Court as early as in 1975 in the case of Amrit Lal

Berry v. CCE, (1975) 4 SCC 714 , held as under:- We may, however, observe

that when a citizen aggrieved by the action of a government department has

approached the Court and obtained a declaration of law in his favour, others,

in like circumstances, should be able to rely on the sense of responsibility ofthe department concerned and to expect that they will be given the benefit of

this declaration without the need to take their grievances to court. (b) In Inder

Pal Yadav v. Union of India, (1985) 2 SCC 648, the Apex Court has held as

under:-

"... those who could not come to the court need not be at a

comparative disadvantage to those who rushed in here. If they are otherwise

similarly situated, they are entitled to similar treatment, if not by anyone else

at the hands of this Court.

(c) The V Central Pay Commission in its recommendation, in regard to

extension of benefit of court judgment to similarly situated, held as under:-

"126.5 - Extending judicial decisions in matters of a general nature to all

similarly placed employees. - We have observed that frequently, in cases of

service litigation involving many similarly placed employees, the benefit of

judgment is only extended to those employees who had agitated the matterbefore the Tribunal/Court. This generates a lot of needless litigation. It also

runs contrary to the judgment given by the Full Bench of Central

Administrative Tribunal, Bangalore in the case of C.S. Elias Ahmed and others

v. UOI & others (O.A. Nos. 451 and 541 of 1991), wherein it was held

that the entire class of employees who are similarly situated are required to be

given the benefit of the decision whether or not they were parties to the

original writ. Incidentally, this principle has been upheld by the Supreme Court

in this case as well as in numerous other judgments like G.C. Ghosh v. UOI, [

(1992) 19 ATC 94 (SC) ], dated 20-7-1998; K.I. Shepherd v. UOI [(JT 1987 (3)

SC 600)]; Abid Hussain v. UOI [(JT 1987 (1) SC 147], etc.

Accordingly, we recommend that decisions taken in one specific case either by

the judiciary or the Government should be applied to all other identical cases

without forcing the other employees to approach the court of law for an

identical remedy or relief. We clarify that this decision will apply only in cases

where a principle or common issue of general nature applicable to a group or

category of Government employees is concerned and not to matters relatingto a specific grievance or anomaly of an individual employee."
http://indiankanoon.org/doc/806180/http://indiankanoon.org/doc/806180/http://indiankanoon.org/doc/806180/http://indiankanoon.org/doc/806180/http://indiankanoon.org/doc/806180/


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(d) In a latter case ofUttaranchal Forest Rangers' Assn. (Direct Recruit) v. State

of U.P.,(2006) 10 SCC 346, , the Apex Court has referred to the decision in the

case ofState of Karnataka vs C Lalitha(2006) 2 SCC 747 as under:

"29. Service jurisprudence evolved by this Court from time to timepostulates that all persons similarly situated should be treated similarly. Only

because one person has approached the court that would not mean that

persons similarly situated should be treated differently.

16. No costs.

Dated this the 13th day of July, 2012

( K.NOORJEHAN ) (Dr K.B.S.RAJAN) ADMINISTRATIVE MEMBER JUDICIALMEMBER
http://indiankanoon.org/doc/1359571/http://indiankanoon.org/doc/1359571/http://indiankanoon.org/doc/1130742/http://indiankanoon.org/doc/1130742/http://indiankanoon.org/doc/1359571/http://indiankanoon.org/doc/1359571/http://indiankanoon.org/doc/1359571/


39/46

FA)VSneed PostCai L!.,,,0/./'? OFFICE OF THE PRTNCIPAL CONTROLLER OF ACCOUNTS (FyS)1O-A. S.K.BOSE ROAD. KOLKATA- TOOOOINo. Pay/Te ch-WA4l Lef91 1 1ToAll Csof F&A(Fys.)lAll Br, A.Os.

Date: 2l/03/2013

sub:- Benefits of Bunching increments to Master craftsmanIn continuation to this office eariier important circular of even no. dated 26il0812011( Point No.E) it is intimated that pay of the Master Craftsman who were drawing pay

between 4500 to 5375(5th CPC) as on Olrcl/2006 may be fixed by allowing bunchingbenefit in terms of l't Proviso under Rule 7A(ii) of CDS(RP) Rules 2008 as per the tablegiven below:

Pre-revised Basic Pay(Rs.) Pay in the Pay Band ( Revised Scale)(Rs.) Grade Pay( Rs.)4500 9300 42004625 9300 420A4750 9580 42044875 9580 42005000 9870 42005125 9870 42005250 10770 42005375 10170 4200

Copy to :-T$66cretarydFBKokata

.. for information.

fu-"^^=Asst. Controller of Accounts (Fys)

b.,6tY

4d*Payflech/3/Desktop/Ds/04

Asst. Controller of Accounts (Fys)


40/46

CCS(RSA) Recognitiono f Rad io & Televiston En g in ee r in g E r l ' f f J t ( ) yeeSPost Box No. 422, New Delhi -110 001Regd. &Recognised by Govt. of India(Affiliated to U.Nl Geneva)

~ rill

A a ~ ! ' f n . n a . o , g Ref. A R T E E i 0 3 i o 1 l 2 0 1 3 ~ r / U I';'Sh. J awhar Sircar, --------Chief Executive Officer,Prasar Bharati, PTI Building,New Delhi - 110001

Dated .07.01.2013

Subject: Reminder for Request to stop discrimination being done by DG AIR & DG DD with Engg.Employees working in Pre revised Pay Scale of Rs 5000-8000 in Pay Fixation (denying Bunchingbenefit regarding).Ref: ARTEE/311/11/2012 dated 26.11.2012 about Request to stop discrimination being done by DGAIR &DG DDwith Sr.Technicians working in the Pay Scale of Rs. 5000-9000 in fixation Pay Fixation.Respected Sir,With warm regards this is continuation of our letter ARTEE/311 /11/2012dated 26.11.2012 about the subjectstated above. Through the letter I requested your good office that similar benefit is extended to some of thecategories while same is being denied to some.The thousands of employees falling in the criteria are looking towards your high office with hope for promptand positive action. PI. note that even after passing one and half month no action is taken to remove thediscrimination. It is also very disappointing that we have to plead for getting benefit of such orderswhich are being issued in continuation of 6th CPC recommendations and are being implemented inall other departments naturally.In my letter I clearly describe the procedure for fixation for granting benefit of bunching which is wellsupported by Govt. orders and provisions. The same is being done for some of staff by pick and choosemethod which is not good for cordial atmosphere of our offices.The fixation of 6th CPC i.r.o. Smt R. Radha, Steno, All India Radio, New Delhi which pay scale is Rs 5000-8000 in pre revised scale, if it is done then similarly our Sr Tech case has been treated similarly as perOrder A-26022/02/2012-SI1 dated 3.10.2012 of Steno Gr II/Head Clerk. I want to inform you that samebenefit is given to similarly place staff of Head Clerks/Stenographers/Accountants in Doordarshan also. It isbeyond proportion that why the sub ordinate engg. Staff is being denied for the benefit.The benefit is granted after discussion in J CM Meeting with Staff representatives. lance again reproducethe para of the minutes of J CM Meeting.On this item, the staff side reiterated their demand that the Pay of the incumbents holding the prerevised Pay Scale of Rs. 5000-8000 and Rs. 5500-9000 should have been fixed applying themultiplying factor of 1.86 at Rs 6500 with effect from 1-1-2006 implying thereby that thecommencement point of the Pay Band-2 should be at Rs. 12090 based on Rs. 6500x1.86=12090instead of Rs, 9300 computed by multiplying Rs. 5000 by 1.86. The Official Side Maintained that theFitment tables are as much a part of the Sixth CPC report as in the narrative portion and hence therecommendations of the Sixth CPChave to be read in conjunction with the fitment tables.

...... contdZonal Offices

East ZonePost Box No-2713

North ZonePost Box No-331

North-East ZonePost Box ~o-83Guwahati (Assam)

South ZonePost Box No-176

Triplicane, Chennai (TN)West ZonePost Box No-1l228

Mumbai (MS)


41/46

Similarly the following pay has been fixed for pre revised scale 5000-150-8000 i.r.o. Sub Ordinate Engg.Employees like Engg.Asstts and Sr Technicians as per Gazette Notification Section II Part B illustration4A with grade pay 4200/= You are most politely requested to extend the Same benefit of Pay Fixation to theSr.Tech working in the pre revised scale of Rs 5000-8000 so that justice can be done.

Thanking You, vbumeshc~/President, ARTEE,098717675714umsharma01 @yahoo.com

cc for information to: [1]. Sh. L.D.Mandloi, DG AIR[2]. Sh. Tripurari Sharan, DG DO[3]. Sh. V.K.Singla, E.in.C., AIR[4]. Sh. R.K.Sinha, E.in.C, DOjsj? Office Copy.

.'


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/ 10u/ 1

Th e bunching principles (com pilation of view s)

Fixation o f init ial pay in the revised pay structure:

(1) The initial pay of a Government servant w ho elects, or is deemed to have electedunder sub-rule (3) of rule 6 to be governed by the revised pay structure on and from

the 1st day of January, 2006, shall, unless in any case the President by special order

otherwise directs, be fixed separately in respect of his substantive pay in the

permanent post on which he holds a lien or would have held a lien if it had not been

suspended, and in respect of his pay in the officiating post held by him, in the

following manner, namely :-

(2) in the case of all employees:-(i) The pay in the pay band/pay scale will be determined by multiplying the existing

basic pay as on 1.1.2006 by a factor of 1.86 and rounding off the resultant figure

to the next multiple of 10.

(ii) if the minimum of the revised pay band/ pay scale is more than the amountarrived at as per (i) above, the pay shall be fixed at the minimum of the revised

pay band/pay scale; Provided further that:- Where, in the fixation of pay, the pay

of Government servants drawing pay at tw o o r m o re consecutive stages in an

existing scale gets bunched , that is to say, gets fixed in the revised pay structure at

the same stage in the pay band, then, for every tw o stages so bunched , benefit of

one increment shall be given so as to avoid bunching of more than two stages in

the revised running pay bands. For this purpose, the increment w il l be calculated

on the pay in the pay band. Grade pay would not be taken into account for the

purpose of granting increments to alleviate bunching.

(iii)If u look carefully all the fitment tables especially from Rs.2550-3200/-, u willfind the answer. Since 5200 is the minimum fixed for PB_1, Rs.2550/ - is fixed as

5200/-. Another stage is also fixed at the same stage. Thereafter one increment is

given after every two stages. This is the basic of bunching and is in accordance

with Note 2A and also clause A (ii) below Rule 7 of CCS(RP) Rules, 2008.

(iv)Now take an example of upgradation of pay scale from Rs.4000-6000 to 4500-7000. An employee who is drawing basic pay of Rs4000/- in pay scale of

Rs.4000-6000/-, his pay will be fixed at the minimum of corresponding pay in

upgraded scale of Rs.4500-7000/- i.e. Rs.8300/- with grade pay of Rs.2800/-.

Similarly employee drawing pay at Rs.4100 w ill also draw pay of Rs8300/- in

upgraded scale. But the employee, who is drawing Rs4200 /- Basic, w il l be fixed

at Rs.8300+one increment @3%. After every two stages one increment will be

given till it reaches at the stage which is higher than Basic in pre-revised

scale*1.86. Illustration 4A of Notification dated 29.08.08 also endorsed it.

(v)The Para 1 given an illustration 4A for the purpose of fixation. When we lookinto illustration 4A appeared in gazette Notification page No.63 it appears an

amount of Rs.240/- has been given as bunching benefit. i.e.., the pay arrived for

the existing 3125x1.86= 5813 and after rounding it is 5820. When bunching is


43/46

/ 10u/ 2

provided (i.e.., 5820+1900= 7720x3%= 231.60 which is rounded as Rs.240/ -)

the basic was fixed as 6060(5820+240). Here two points are to be noted i.e.., 1.

Grade Pay also considered for granting increments to alleviate bunching. 2. Even

for one stage (Rs.3050+75= 3125) in 3050-75-3950 granted one bunching.

(vi)The 3rd Para of the OM states an employee drawing 3575 in the scale 3050-75-4590 (i.e.., 7th stage in the scale) has fixed only 6650 (3575x1.86) i.e.., withoutany bunching in the 7th stage in a particular scale when his scale was upgraded.

(vii) Further to add, the gazette notification page No.35 (i.e.., Rule 7 (A) under (ii)2nd Para stipulates where in the fixation of pay, the pay of government servants

drawing pay at two or more consecutive stages in an existing scale gets bunched,

this is to say, gets fixed in the revised pay structure at the same stage in the pay

band, then for every two stages so bunched, the benefi t o f one increment shall be

given. Grade pay would not be taken into account for the purchase of

granting increments to alleviate bunching.

(viii) If so the employee who was drawing 3575 in the scale of 3050-75-4590(i.e... 7th stage in the scale) must get at least 3 increments (i.e... One each for tw o

stages). One increment for bunching would be 6650x3% = Rs.200/ - . So his pay

would have been fixed 6650+600 (200x3) = 7250. Whereas the MOF in the

said OM vide Para 3 fixed only Rs.6650

(ix)Further, the 4th Para of the said OM stipules the procedure is to be adopted in allcases where pay scales have been upgraded by the pay commission in all the

departments including Central secretariat and other common categories which

also reflects the fixation in the Central secretariat and field offices are one and

same. Then how the CSSalone can fix the pay of assistants in the fitment table of

6500-10,500 (i.e... First fixing in 6500-10,500 and there after mult iplied by 1.86).

(x)a. CPC recommendations:a. Merged pre 5000-7000 and 5500-8000 w ith 6500-10,500 and suggested

normal replacement pay structure of grade pay of Rs. 4200 in PB-2 and made

parity betw een Field and Secretariat Offices. This parity will need to be absolute

till the grade of Assistant.

3.8.1. Common categories of staff are those categories that are engaged in similar

functions spread across various Ministries/departments /organizations of the

Central Government. These categories are not limited to any specific ministry of

department and, therefore, any decision taken for them impacts more than one

Ministry/department/organization

3.1.4: Earlier, the respective pay scales of rs.5500-9000 and 5000-8000 existed

for Assistants in secretariat and in Field offices. This disparity was aggravated in

2006 when the Government further upgraded the pay scales of Assistants

belonging to Central Secretariat service to 6500-10,500.


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/ 10u/ 3

Para 3.1.13. Demand of separate secretariat allowance for various posts belong to

CSS, CSSS, cSCs etc. cannot be accepted.

3.1.14. In accordance with the principle established in the earlier paragraphs,

pari ty between Field and Secretariat Off ices has been established and

recommended...

b. CSS(RP) Rules 2008

The government vide (ii) Section I, Part B of the First Schedule to CCS(RP) Rules,

2008 approved the recommendation of the 6th cpc and made parity up to the

level Assistants in the field off ice and Secretariat o ffice by merging three scales

(pre-5000, 5500 and 6500) and further upgraded to 7450-11,500 with GP 4600.

The government also stated in the Revised RP rules, if the post of scale pre-6500-

10,500 carrying minimum qualification of either Degree in Engg/Law should also

be upgraded and placed in 7450-11,500 with GP4600 straight away without

consult ing the Ministry of Finance.

Ministry of Finance vide OM F.No.1/1/2008-IC dated13th November, 2009

upgraded all the above three merged scales and granted GP 4600 to all those

drawn GP4200 from 1.1.2006 in revised pay structure. The MOF also Vide OM

F.No.1/1/2008-IC 16.11.2009 extended the same up gradation to Central

Secretariat also w ith effect from 1.1.2006. It is also clear from the cpc report,

government resolution that the field of fices and CSS are eligible the revised pay

from 1.1.2006 in the upgraded scale. Even the independent revision done by CSS

from 15.9.2006 was also not agreed by CPC and no were recommended to retain

the revision and hence there is no question of separate option for them from

15.9.2006.

In view of these directions, whatever benefit extended in the Central Secretariat

up to the level of Assistant should be given to the field offices also.

2. Regarding fixation of pay

The CCS (RP) Rules, 2008 Page No.34 i.e.., Rule 7 (1) (A) (ii ) says if the

minimum of the revised pay band/pay scale is more than the amount arrived at as

per multiplication (existing basic pay x 1.86), the pay shall be fixed at the

minimum of the revised pay band/ pay scale .

There are merged scales and upgraded scales in the pre-revised scales and its

corresponding pay band also. Hence first the multiplication will be based on theapplicable/existing pay has to be arrived first in the pre-revised merged/upgraded

as on 1.1.2006 and thereafter to be multiplied by 1.86.

Accordingly the fixation has been done (7450x1.86+4600) in the Central

Secretariat in the minimum of 7450-11,500 even for UDCs were promoted to

Assistants.


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/ 10u/ 4

3. Bunching (for every two stages one increment each) without upgradation.

The CCS (RP) Rules, 2008 Page No.34 i.e.., Rule 7 (1) (A) (ii ) says provided

further that:

Where, the fixation of pay, the pay of the Government servants drawing pay at

two or more consecutive stages in an existing scale gets bunched, that is to say,gets fixed in the revised pay structure at the same stage in the pay band, then, for

every two stages so bunched, benefit of one increment shall be given so as to

avoid bunching of more than two stages in the revised running pay bands. For

this purpose, the increment will be calculated on the pay in the pay band. Grade

pay would not be taken into account for the purpose of granting increments to

alleviate bunching .

Example for pay band in PB.2 for 9300-34,800; for the basic of 5300, the pay

arrived will be Rs. 9860 (for 5300x1.86 in 5000-8000) and for 6025, the pay

will arrive as Rs.11, 210(for 6025x1.86 in 5500-9000) and for 7300 will arrive as

Rs.13, 580 (7300x1.86 in 6500-10500).

Eg.1: 5000-150-8000 scale. 5300-5000 = 300 difference i.e. 2 stages (150x2) so

one increment i .e., 3%9860 = 300

His pay will be 9860+300= 10,160 in PB-2 with 4600 GP.

E.g. 2: 5500-175-9000 scale. 6025-5500= 525 difference i.e. 175x3 stages. So he

will also get one increment i .e. 3%of 11,210= 340

His pay will be 11,210+340= 11550 in PB-2 with 4600 GP

Eg.3. 6500-200-10,500 scale 7300-6500= 800 difference i.e.., 200x4 stages. So

he will get 4 increments 3%13,770= 420 x2

His pay will be 13,770+840= 14610 in PB-2 with 4600 GP.

3. Bunching with upgradation to 7450-11,500 scale and fixing in the minimum

Eg.1: For the above basic of 5300 w ill get 7450x1.86= 13860+420= 14280+4600

(Rs.420 is 3% of 13860)

Eg.2: For the above basic of 6025 w ill get 7450x1.86= 13860+420

= 14280+4600

Eg.3: For the above basic of 7300 will get 7450x1.86=

13860+840= 14700+4600

4. Stepping up of pay

The CCS (RP) Rules, 2008 Page No.34 i.e.., Rule 7 (1) (D) Note10 says(Page

No.38) In case where a senior government servant promoted to a higher post

before the 1st day of January 2006 draws less pay in the revised pay structure

than his junior who is promoted to the higher post on or after the 1st day of

January, 2006, the pay in the pay band of the senior government servant should

be stepped up to an amount equal to the pay in the pay band as fixed for his


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junior in that higher post. The stepping up should be done w ith effect from the

date of promotion of the junior Government servant subject to the fulfillment of

certain condit ions. The P&NG, Ministry of External Affairs and Secretariat staff

have already fixed and claimed the arrears.

The Hon'ble CAT principal Bench Delhi in OA 164ordereddated 19.2.2009

ordered the MOF and DOPT that denial of pay fixation to field offices as wasdone in CSS, is arbitrary, illegal and violative of Articles 14 and 16th of the

Constitution of India, quoting the concerned paragraphs of the CPC report 3.1.14

and 7.32.15 etc. etc since parity has been made.

Further, the OM No.1/1/2008-IC dated 30th August, 2008 says that the fitment

table is not applicable for the upgraded and merged scales. In case of upgradation

of posts and merger of pre-revised pay scales, fixation of pay will be done as

prescribed in Note 2A and 2B below Rule 7(1).

Compilation of All Supporting Documents for Bunching Case Which Has No Recovery - Revised

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