DISCRIPTION ON FIXATION OF ASSISTANTS IN REVISED PAY

7/28/2019 DISCRIPTION ON FIXATION OF ASSISTANTS IN REVISED PAY

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Stepping up of Pay of Assistants/Steno Gr. C of CSS/CSSS

A large number of references were received from individuals, cadre units and service

Associations seeking clarification consequent upon the manner of fixation of par of Assistant of CSS prescribed by Department of Expenditure as per CCS (RP) Rules, 2008and 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/oExpenditures UO : No. 10/1/2009-IC dated 14.12.2009.


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No recovery from IT Inspectors, PSs and AOs fixed with minimum pay of Rs.13860

Para (ii) of Section I of Part B of CCS (Revised) Pay Rule, 2008

On account of merger of pre-revised pay scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500 some posts which presently constitute feeder and promotion grades will come lie in anidentical grade. The specific recommendations about some categories of these posts made bypay commission are included in Section II of Part B. As regards other posts, the posts in the threescales should be merged. In case it is not feasible to merge the posts in these pay scales onfunctional considerations, the posts in the scale of Rs.5000-8000 and Rs.5500-9000 should bemerged, the post in the scale of Rs.6500-10500 being upgraded to the next higher grade pay inpay band PB-2 i.e. to the grade pay of Rs.4600 corresponding to the pre-revised pay scale of Rs.7450-11500. In case a post already exists in the scale of Rs.7450-11500, the post beingupgraded from the scale of Rs.6500-10500 should be merged with the post in the scale of Rs.7450-11500.

Based on the above decision, it was represented to the Government by the employeesespecially Income tax Inspectors, PSs and AOs in Income Tax Department and Central Excise andCustoms Inspectors, who were in the pre-revised scale of Rs.6500-10500 prior toimplementation of Sixth Pay Commission, for giving 6CPC pay equivalent to pre-revised payscale of Rs.7450/-.

Government considered the representation rather partially in favour of these employees in thiscase as only their grade pay was raised from Rs.4200 to Rs.4600 which the GP equivalent to thepre-revised pay scale of Rs.7450-11500. However, the fixation of their minimum pay atRs.13,860 (1.86 times of Rs.7450) was not done since, the Office Memorandum No: 1/1/2008-IC

dated 13.11.2009 which granted the enhanced grade pay in this issue was silent about thefixation of minimum pay at Rs.13,860 in this case.

Now, income tax department has come up with an instruction to its accounts officers in thisregard. It is specifically instructed to all accounts officers not to recover the amount from theemployees who were fixed and paid with the minimum pay of Rs.13,860 on the premise thatrevised minimum pay equivalent to pre-revised pay scale of Rs.7450-11500 should given oncethe grade pay of these employees were ordered to enhanced from Rs.4200 to Rs.4600 (which isthe grade pay equivalent to pre-revised pay scale of Rs.7450-11500).

It is categorically stated in the Letter F. No: HRD/CM/175/2010-11/3093 dated 28.12.2011, thatsince there is a more than fair chance that fixation will be done respect to the minimum of Rs.13,860 in this case making recoveries on this account will be unjustified.

This order will be much beneficial to the Income tax, Central Excise and Customs Inspectors, PSsand AOs who have joined in service just prior to 6CPC implementation (say in the year 2004,2005 etc) since they are likely to get the minimum pay of Rs.13,860/- relevant to the grade payof Rs.4600.


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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



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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



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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 2011


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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 followingmanners 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 consecutivestages 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 therevised 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 inthe 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 1 st 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 & Tailoring 4500-7000 5500-9000 PB-2 3600Teacherv. 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


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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 1 st

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 1 st 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 1 st 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 - Ernakulam

K.K.Vijayan, S/O Krishnankutty ... vs The Principal Registrar on 13 July,2012

ERNAKULAM 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 AdministrativeTribunal, 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 MathewNellimoottil) This application having been finally heard on 06.07.2012, theTribunal 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 payas 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 grantedto Shri T.Srinivasa, Assistant of the Bangalore Bench of the Hon'ble CentralAdministrative Tribunal in terms of A7 and direct the respondents to fix theapplicant'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 tothe Assistant/Stenographers Grade C of the Central Secretariat Service/CentralSecretariat 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 therevised pay band plus GP with effect from 15.9.2006 after drawing the payscale of Rs. 6500-10500, with all consequential benefits of arrears of pay andallowances arising there from. (d) Award costs of and incidental to thisapplication; (e) Pass such other orders or direction as deemed just fit andnecessary in the facts and circumstances of the case.

2. At the very outset it is to be mentioned that the counsel for the applicantsubmitted that if prayer at (a) above is allowed, the next two prayers becomeredundant 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 CentralAdministrative Tribunal, Ernakulam Bench. The pay scales of both Assistantand Stenographer Gr. 'C' have been identical right from the beginning. The 3rdapplicant has been afforded the second financial upgradation under the ACPscheme in the pay scale of Rs 5,500 - 9,000 w.e.f. 18-04-2005. Thus, for thepurposes of this OA, since the claim relates to fixation of pay in the pay scaleof an assistant, all the applicants are in the same pedestal.

4. The post of Assistant and stenographer Gr. C in the Central AdministrativeTribunal 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 decisionof the Tribunal in the case of S.K. Sareen vs Union of India & Others (OANo. 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 anupward 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 thestenographer 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 withgrade pay of Rs 4,200/-. Since the revision of the pay scale in the pre-revisedpay scale effective from 01-01-2006 was made effective from 15-09-2006,option had been made available for deferring the revision under the provisionsof Rule 7 of the CCS(Revised Pay) Rule, 2008 to such assistants in CSS cadreand the Stenographers in the CSSS Cadre. Annexure A-4 note dated 23-06-2009 refers. A further clarification was issued with reference to the entitlementof those who have been granted the pay scale of Assistants as financialupgradation 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 initiallyafforded, some of the Stenographers Gr. C moved the Principal Bench of theC.A.T. in OA No. 1165 of 2010 (Smt. Sunita Dutt and others) and the Tribunalby 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 hadissued 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


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ORDER

Subject:- Implementation for the recommendations of the 6th Pay Commissionin 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/StenographersGr.'C'/Court Masters in the Central Administrative Tribunal are granted therevised 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 theintegrated 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 beenrevised from 6500 - 10500 to 7450 - 11500).

8. Thus, the above would reflect that when the pay scale of Assistants andStenographer Gr. 'C' in the C.A.T. had been revised from 5,500 - 9,000 to7450 - 11500 directly, their counterparts in the CSS and CSSS cadre had thebenefit 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 thenext scale of Rs 7,450 - 11500. This has resulted in some disparity consequentto which, the first applicant herein moved a representation dated 10-07-2009for fixation of his pay in the scale of pay of Rs 6,500 - 10,500 vide AnnexureA-6.


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9. After the issue of the order dated 06-07-2010 (Annexure A-3) the BangaloreBench of the C.A.T. had, vide Annexure A-7 order dated 23-11-2010, fixed thepay of one Shri T. Srinivasa, Assistant of C.A.T. Bangalore Bench. Theindividual 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 thepay 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 theapplicants is that their pay should also be fixed in the very same fashion as hadbeen done in the case of Shri T. Srinivasa of the Bangalore Bench. Hence, thispetition, with the reliefs as extracted above.

10. Respondents have contested the O.A. They have stated that in so far as theclaim of the applicants as in prayer (b) and (c) at para 8, the same cannot beacceded to in view of the fact that the pay scale of the applicants has neverbeen fixed at any stage in the scale of Rs 6,500 - 10,500 and as such. Theyhave in fact sought clarification from the Nodal Ministry DoPT vide AnnexureR 1(a) and (b) and the Ministry had informed the Principal Bench that that thepay should be fixed in accordance with the Revised Pay Rules, vide AnnexureR1(c). In so far as the fixation of pay in the scale of Rs 7450 - 11,500, referringto 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 hasbeen fixed vide order dated 20-01- 2012, at Annexure R1(d). Hence, therespondents have stated that the applicants are not entitled to any furtherrelief.

11. Counsel for the applicants has taken us through various documents andstated 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 asfixation as contained in Annexure R1(d) is concerned, the counsel submittedthat a comparison of the same with that of Annexure A-7 would reveal thedifference in the fixation so granted to applicant No. 1. Referring to the tableof concordance as contained in the RP Rule, 2008, the counsel submitted thatwhereas in the case of Shri T. Srinivasa the fixation has been on the basis of thepay 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 payfixed 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 financialupgradation since 11-02-2005 and he had been regularly promoted as Assistanton 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 financialupgradation is in lieu of promotion to a particular post, there cannot be anydifference in fixation of pay.

12. Counsel for the respondent has submitted that the applicants are notentitled to any fixation with reference to the pay scale of Rs 6,500 - 10,500and as regards fixation in the grade of Rs 7,450 - 11,500/- the latest order on20-1-2012 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 Benchhad 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 fixedby the Bangalore Bench is erroneous. Once the manner of fixation of pay isheld 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 financialupgradation 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 - 11,500first and thereafter, fixation in the revised scale of Rs 9300 - 34500 plus gradepay of Rs 4600 should be uniform.

14. In view of the above, the O.A. is allowed. Respondents are directed toadopt the same method of fixation of pay of the applicants as on 01-01-2006first in the pay scale of Rs 7450 - 11500 notionally and actually thereafter inthe pay scale of Rs 9300 - 34500 plus grade pay of Rs 4600/- as has beenadopted in the case of T. Srinivasa of Bangalore Bench. This order may becomplied 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 applythe 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


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hereunder:- (a) The Apex Court as early as in 1975 in the case of Amrit LalBerry v. CCE, (1975) 4 SCC 714 , held as under:- We may, however, observethat when a citizen aggrieved by the action of a government department hasapproached 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 of the 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 InderPal Yadav v. Union of India, (1985) 2 SCC 648, the Apex Court has held asunder:-

"... those who could not come to the court need not be at acomparative disadvantage to those who rushed in here. If they are otherwisesimilarly situated, they are entitled to similar treatment, if not by anyone elseat the hands of this Court.

(c) The V Central Pay Commission in its recommendation, in regard toextension of benefit of court judgment to similarly situated, held as under:-

"126.5 - Extending judicial decisions in matters of a general nature to allsimilarly 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 alsoruns contrary to the judgment given by the Full Bench of CentralAdministrative Tribunal, Bangalore in the case of C.S. Elias Ahmed and othersv. UOI & others (O.A. Nos. 451 and 541 of 1991), wherein it was heldthat the entire class of employees who are similarly situated are required to begiven the benefit of the decision whether or not they were parties to theoriginal writ. Incidentally, this principle has been upheld by the Supreme Courtin 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 bythe judiciary or the Government should be applied to all other identical caseswithout forcing the other employees to approach the court of law for anidentical remedy or relief. We clarify that this decision will apply only in caseswhere 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 of Uttaranchal Forest Rangers' Assn. (Direct Recruit) v. Stateof U.P.,( 2006) 10 SCC 346, , the Apex Court has referred to the decision in thecase of State 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. Onlybecause one person has approached the court that would not mean thatpersons 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/


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FA)VSneed PostCai L!.,,,0/./'

? OFFICE OF THE PRTNCIPAL CONTROLLER OF ACCOUNTS (FyS)1O-A. S.K.BOSE ROAD. KOLKATA- TOOOOI

No. Pay/Te ch-WA4l Lef91 1 1

To

All Csof F&A(Fys.)lAll Br, A.Os.

Date: 2l/03/2013

sub:- Benefits of Bunching increments to Master craftsman

In 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 paybetween 4500 to 5375(5th CPC) as on Olrcl/2006 may be fixed by allowing bunching

benefit 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 4204

4875 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)


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CCS(RSA) Recognition

ociation o f R ad io &Televiston E n g in eer in g E rl'ffJ t ( )yeeSPost Box No . 422 , New Delhi -110 001

Regd . & Recognised by Govt. of India(Affiliated to U.Nl Geneva)

~ rill

w wAa~ !'fn .na .o ,g R e f. A RT E E i 0 3 i o1l2 013 ~ r / U I ';'

Sh. J awhar Sircar , ------- -C h ie f Execut ive Offic e r,Prasar Bharat i, PTI B u ild in g ,New Delhi - 1100 0 1

Dated .

07 .01 .20 1 3

Su b ject : Reminder for Request to stop d iscri m in ation bein g do n e by DG AIR & DG DD with Engg .Employees working in Pre revised Pay S cale o f Rs 5000-8000 in Pay Fixation (denying Bunchingbenefit regarding).Ref: ARTEE/311/11/2012 dated 26.11 .201 2 abou t Request to stop d iscr imination being done by DGAIR & DG DD with Sr.Technicians workin g in the Pay Scale of R s . 5000-9000 in fixation Pay Fixation .

R e s p ected Sir ,

With warm regards this is contin u ation of ou r l ett e r ARTEE/311 /11 /20 1 2 d a ted 26 .11 .2012 about the subjec tstated above. Through the letter I requested your g ood office th a t s imilar b enefit is extended to some of thec a tegories while same is being d e nied to so m e.

The t housands of employees fal ling in th e c riter ia are lo ok ing tow a rd s yo ur hig h office w ith hope for promp ta n d positive action . PI . note that e ven a fte r p ass in g o n e and ha lf mo n th no action is taken to remove thed is cri mination. It is also very disappointin g tha t we have to p lea d for getting benefit of such orderswhich are being issued in continuation o f 6 th CPC recomme nd a tions and are being implemented inall other departments naturally.

In my letter I clearly describe th e p ro c e du re f or fixa tio n for gr an tin g ben efit of bunch ing which is we llsup ported by Govt . orders and p rovisio n s . Th e s a me is bein g d on e for som e of staff by pick and choosem et hod which is not good for cordial a tm o sp he re o f o ur offices .

The fixation of 6th CPC i .r.o . Smt R . Ra d ha , Sten o, All India R adi o , N e w D el hi which pay scale is Rs 5000-8 00 0 in pre rev ised scale , if i t is d on e the n s imi la rly o u r Sr Te ch ca se h a s been treated similarly as pe rO rd er A-26022/02 /2012-SI1 d ate d 3 .10 .20 1 2 o f Sten o G r II/H ea d C lerk . I want to inform you tha t samebenefit i s g iven to sim ilar ly pla c e sta ff o f H e a d C le rks /S tenogr aph e rs /Acc ou n tants in Doordarshan also. It i sbe yo nd propor tion that why the su b ord inat e en gg . S taf f is bein g d e n ie d fo r the benefit .

Th e benefit is granted after di sc ussi o n in J CM Me eting with St aff rep res e ntatives. lance again reproduceth e para of the minutes of J CM M e eting .

On this item, the staff side reiter at ed th e ir de ma nd that the Pay of the incumbents holding the prerevised Pay Scale of Rs. 5000-8000 a nd R s . 5500-9000 sh o u ld h a ve been fixed applying themultiplying factor of 1 .86 at Rs 65 00 wi th effect fro m 1 -1 -2006 implying thereby that thecommencement point of the Pay Band- 2 sho ul d be at Rs. 1 2 0 90 based on Rs. 6500x1.86=12090instead of Rs , 9300 computed by multipl y in g Rs . 5000 by 1 .86. T he Official Side Maintained that theFitment tables are as much a part of the Si xth CPC report as in the narrative portion and hence therecommendations of the Sixth CPC have to be read in conj u n ct ion with the fitment tables .

.. . .. . contd

Zonal O ffices

East ZonePost Bo x No-27 13

K lk t (W B)

North ZonePost Box N o-331

New Delhi

North -East ZonePost Bo x ~o-83

Guwahati (Assa m)

South ZonePost Box No -176

Triplicane, C hennai (TN)

West ZonePost Box No -1l228

Mumbai (M S)


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S imilarly the following pay has been fi xed f or pre re vis e d scale 5000- 150-8000 i .r.o. Sub Ordinate Eng g.Employees like Engg.Asstts and Sr Tech nic ians a s per Ga zet te No tifica tion Section II Par t B illust ra tion4A with grade pay 4200/= You are mos t polit ely re que st e d to e xte nd th e Sa me benefit of Pay Fixa tion to th eSr .Tech working in the pre revised sc a le of R s 5000-8 00 0 so tha t justice can b e done .

Tha nkin g You,

v bumeshc ~/

President, ARTEE ,098717675714

um sharma 01 @yahoo .com

cc f or information to : [1]. Sh. L .D.Mandloi , DG AIR[2]. Sh . Tripurar i Sh ara n, DG DO[3]. Sh. V .K.Sin gla, E.in.C. , AIR[4]. Sh . R.K.Sinha , E.in. C, DO

jsj? Office Co py.

. '


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/ 10u/ 1

Th e bunching principles (com pilation of view s)

Fixation o f init ial pay in t he revi sed pay stru cture:

(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 fromthe 1st day of January, 2006, shall, unless in any case the President by special orderotherwise directs, be fixed separately in respect of his substantive pay in thepermanent post on which he holds a lien or would have held a lien if it had not beensuspended, and in respect of his pay in the officiating post held by him, in thefollowing manner, namely :-

(2) in the case of all employees:-

(i) The pay in the pay band/pay scale will be determined by multiplying the existingbasic pay as on 1.1.2006 by a factor of 1.86 and rounding off the resultant figureto 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 revisedpay band/pay scale; Provided further that:- Where, in the fixation of pay, the payof Government servants drawing pay at tw o o r m o re consecutive stages in anexisting scale gets bunched, that is to say, gets fixed in the revised pay structure atthe 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 inthe revised running pay bands. For this purpose, the increment w il l be calculatedon the pay in the pay band. Grade pay would not be taken into account for thepurpose 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 as5200/-. Another stage is also fixed at the same stage. Thereafter one increment isgiven after every two stages. This is the basic of bunching and is in accordancewith 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 inupgraded 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/- inupgraded scale. But the employee, w ho i s drawing Rs4200 / - Basic, w il l be fixedat Rs.8300+one increment @3%. After every two stages one increment will begiven till it reaches at the stage which is higher than Basic in pre-revisedscale*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 anamount of Rs.240/- has been given as bunching benefit. i.e.., the pay arrived forthe existing 3125x1.86= 5813 and after rounding it is 5820. When bunching is


44/47

/ 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. Evenfor 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 servantsdrawing 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 payband, then for every two stages so bunched, the benefi t of one increment shall begiven. 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 ostages). One increment for bunching would be 6650x3% = Rs.200/ - . So his paywould have been fixed 6650+600 (200x3) = 7250. Whereas the MOF in thesaid 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 thedepartments including Central secretariat and other common categories whichalso reflects the fixation in the Central secretariat and field offices are one andsame. 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 multiplied by 1.86).

(x) a. CPC recommendations:

a. Merged pre 5000-7000 and 5500-8000 w ith 6500-10,500 and suggestednormal replacement pay structure of grade pay of Rs. 4200 in PB-2 and madeparity betw een Field and Secretariat Offices. This parity will need to be absolutetill the grade of Assistant.

3.8.1. Common categories of staff are those categories that are engaged in similarfunctions spread across various Ministries/departments /organizations of theCentral Government. These categories are not limited to any specific ministry of department and, therefore, any decision taken for them impacts more than oneMinistry/department/organization

3.1.4: Earlier, the respective pay scales of rs.5500-9000 and 5000-8000 existedfor Assistants in secretariat and in Field offices. This disparity was aggravated in2006 when the Government further upgraded the pay scales of Assistantsbelonging 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 toCSS, 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 Offices has been established andrecommended...

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 thelevel Assistants in the field office 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 alsobe upgraded and placed in 7450-11,500 with GP4600 straight away withoutconsult ing the Ministry of Finance.

Ministry of Finance vide OM F.No.1/1/2008-IC dated13th November, 2009upgraded all the above three merged scales and granted GP 4600 to all thosedrawn GP4200 from 1.1.2006 in revised pay structure. The MOF also Vide OMF.No.1/1/2008-IC 16.11.2009 extended the same up gradation to CentralSecretariat also w ith effect from 1.1.2006. It is also clear from the cpc report,government resolution that the field offices and CSS are eligible the revised payfrom 1.1.2006 in the upgraded scale. Even the independent revision done by CSSfrom 15.9.2006 was also not agreed by CPC and no were recommended to retainthe revision and hence there is no question of separate option for them from15.9.2006.

In view of these directions, w hatever benefit extended in the Central Secretariatup 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 theminimum of the revised pay band/pay scale is more than the amount arrived at asper multiplication (existing basic pay x 1.86), the pay shall be fixed at theminimum 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/upgradedas on 1.1.2006 and thereafter to be multiplied by 1.86.

Accordingly the fixation has been done (7450x1.86+4600) in the CentralSecretariat in the minimum of 7450-11,500 even for UDCs were promoted toAssistants.


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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 providedfurther 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, forevery two stages so bunched, benefit of one increment shall be given so as toavoid bunching of more than two stages in the revised running pay bands. Forthis purpose, the increment will be calculated on the pay in the pay band. Gradepay would not be taken into account for the purpose of granting increments toalleviate bunching .

Example for pay band in PB.2 for 9300-34,800; for the basic of 5300, the payarrived will be Rs. 9860 (for 5300x1.86 in 5000-8000) and for 6025, the paywill arrive as Rs.11, 210(for 6025x1.86 in 5500-9000) and for 7300 will arrive asRs.13, 580 (7300x1.86 in 6500-10500).

Eg.1: 5000-150-8000 scale. 5300-5000 = 300 difference i.e. 2 stages (150x2) soone increment i .e., 3%9860 = 300His 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 hewill also get one increment i .e. 3%of 11,210= 340His 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. Sohe will get 4 increments 3%13,770= 420 x2His 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+4600Eg.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(PageNo.38) In case where a senior government servant promoted to a higher postbefore the 1st day of January 2006 draws less pay in the revised pay structurethan 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 shouldbe 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 thedate 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 theConstitution of India, quoting the concerned paragraphs of the CPC report 3.1.14and 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 fitmenttable is not applicable for the upgraded and merged scales. In case of upgradationof posts and merger of pre-revised pay scales, fixation of pay will be done asprescribed in Note 2A and 2B below Rule 7(1).

DISCRIPTION ON FIXATION OF ASSISTANTS IN REVISED PAY

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