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Wednesday, August 3, 2016

CHQ News:- Request letter to MoS (Finance and Corporate Affairs) to consider GP of IP from Rs. 4200/- to Rs. 4600/- w.e.f.1/1/2006

No. CHQ/AIAIASP/PAY/7CPC/2016                               Dated :  02/08/2016


Shri Arjun Ram Meghwal,
Hon’ble Union Minister of State,
(Finance & Corporate Affairs)
New Delhi – 110 001

Sub:  Request for upgradation of Grade pay  from Rs. 4200/- to Rs. 4600/- for the pay scale of Inspector Posts w.e.f. 01.01.2006 (including consequential benefits including arrears of pay and allowances)

Respected Sir,

        With profound respect it is submitted that Inspector (Posts) working in Department of Posts are struggling for getting the pay parity with their counterparts in Central Excise / Income Tax Department for more than 10 years. Brief history of the case is submitted as below:
Brief History of the case :

2.1    5th Central Pay Commission (CPC) had granted equal pay scale of Rs.5500-10500 to Inspector (Posts) and Income Tax Inspectors under Central Board of Direct Taxes (CBDT) & Central Excise Inspector under Central Board of Excise & Customs (CBEC).

2.2    Subsequently, the pay scales of the post of Income Tax Inspectors under Central Board of Direct Taxes (CBDT) and Posts of Inspector of Central Excise were revised to Rs.6500-10500 from Rs.5500-9000 as per Office Memorandum dated 21-04-2004.

 2.3   Aggrieved by the denial of the upgraded scale of Rs.6500-10500 to the Inspector (Posts) admissible to the analogous posts in CBDT/CBEC, certain Inspectors of Posts working under Karnataka Circle filed O.A Nos. 424/2006 and 211 of 2007 before the Hon'ble Central Administrative Tribunal Bangalore Bench seeking the upgraded scale of Rs 6500-10500 for Inspector (Posts) as granted to Inspectors of Income Tax/ Inspector of Central Excise and Customs etc. The above two O.A's were disposed of by a Common Order dated 27-07-2007 directing the respondents and the applicants to take up the issue before the Sixth Central Pay Commission with all necessary details for their consideration and appropriate decision.  Accordingly, the matter was taken up with 6th CPC.

2.4    6th CPC placed Inspector (Posts) at par with Inspectors of CBDT/CBEC vide para 7.6.14 of its report  by granting grade pay of Rs. 4200/- and the same was accepted by the Ministry of Finance vide resolution dated 29-08-2008. However, subsequently, Grade Pay of Inspectors of CBDT/CBEC was upgraded from Rs. 4200/- to Rs. 4600/- vide Ministry of Finance OM dated 13.11.2009. However, the same benefit was denied to Inspector (Posts).

2.5    Aggrieved by the denial,  OA No. 381/2010 before Hon’ble CAT Ernakulam Bench was filed forupgradation of Grade pay  from Rs. 4200/- to Rs. 4600/- for the pay scales of Inspector Posts w.e.f. 01.01.2006 (including consequential benefits including arrears of pay and allowances)claiming parity with that of Inspector CBDT/CBEC and also of Assistants in Central Secretariat Service (CSS) on the basis of 6th CPC recommendation  for Inspector Posts vide para 7.6.14 .

2.6    The said OA was allowed by the Hon’ble CAT Ernakulam Bench vide order dated 18.10.2011 to the extent that keeping in tune with the observations of the 6th CPC coupled with strong recommendations of Department of Posts and also in light of the discussion in the order, 1st respondent i.e the Ministry of Finance shall have a re-look in the matter at the level of Secretary and consider the case of Inspector Posts for up-gradation of their grade pay at par with that of the Inspector of IT, CBDT and CBEC.

2.7    However, the claim of Inspector Posts was rejected by the respondent vide Order No. 2-5/2010-PCC dated 15.10.2012 in contrary to the Hon’ble CAT judgement dated 18.10.2011 without going for appeal against the CAT judgment stating that the duties and responsibilities assigned to Assistant of CSS and Inspector CBDT/CBEC are different from Inspector Posts and there is no comparison between Assistant CSS & Inspector CBDT/CBEC and Inspector Posts and they are performing different duties in their respective cadres.

2.8    Rejection order dated 15.10.2012 was challenged before Hon’ble CAT vide OA No.289/2013 with request to grant of Grade Pay of Rs. 4600/- to Inspector (Posts) w.e.f. 01.01.2006 consequential benefits including arrears of pay and allowances . OA No.289/2013 was decided by the Hon’ble CAT Ernakulam Bench vide judgment dated 15.10.2015 with direction to Respondent No.1 i.e Secretary,  Department of Expenditure, Ministry of Finance to comply the orders within 30 days. In the said order following directions were made :

“Para 15.   In the above circumstances this Tribunal directs respondent No. 1 to send Annexure A/19 order along with the representation made by the Applicant No. 1 Association, the recommendations made by the Department of Posts thereon along with copies of the relevant portion of the 4th , 5th & 6th Central Pay Commission recommendations regarding the pay of Inspector (Posts) to the Member-Secretary of the 7th CPC requesting for making appropriate recommendations. Respondent No. 1 shall also submit an explanation before the 7th CPC as to why despite the Cabinet Resolution accepting the recommendations in para 7.6.14 of the report of the 6th CPC the officials in the Finance Ministry took a different view and also under what authority the said official has made such decisions in Annexure A/22 file note.

Para 16. In the event, the 7th Pay Commission has reached the final stage of its proceedings and is not in a position to include this matter in its report, then the Finance Secretary/respondent No. 1 shall at his level consider the matter as directed by this Tribunal in OA. 381/2010 keeping in view the detailed proposal with justification submitted by the Department of Posts, the detailed observations made by this Tribunal in the earlier OA and also the present order and shall pass a detailed and speaking order addressing all these points.

Para 17. Respondent No. 1 shall comply with the above directions within 30 days from the date of receipt of a copy of this order.”

3.      However, even after a gap of more than 9 months from issue of Hon’ble CAT judgement dated 15.10.2015, compliance is yet to be made by the respondent 1 i.e Ministry of Finance. In contrary to the Hon’ble CAT judgment dated 15.10.2015 to comply the directions by 30 days from the receipt of the order, the respondent No. 1 (Secretary, Department of Expenditure) so far neither referred the matter to 7th Central Pay Commission nor considered the matter and issued any speaking order. Rather, the matter is being tossed between the Department of Expenditure and Department of Posts for want of required documents/files.

4.     Here it is to mention that the 7th CPC vide para 11.8.21 (Copy enclosed) acknowledged the fact that the VI CPC had placed Inspector (Posts) at par with Inspectors of CBDT/CBEC and upgraded the Grade pay of Inspector Posts from Rs. 4200/- to Rs. 4600/- at par with Inspectors of CBDT/CBEC. The recommendations of 7th CPC has been accepted by the Government vide Gazette notification number 246 dated 25.07.2016 and the same was notified in the Central Civil Services (Revised Pay) Rules, 2016. Thus, the Grade Pay of Inspector (Posts) has been upgraded from Rs. 4200/- to Rs. 4600/- at par with Inspectors of CBDT/CBEC w.e.f. 01.01.2016.

5.     The matter regarding upgradation of Grade Pay of Inspector (Posts) from Rs. 4200/- to Rs. 4600/- w.e.f. 01.01.2006  with consequential benefits including arrears of pay and allowances, is to be decided by Ministry of Finance in  light of the Hon’ble CAT judgement dated 15.10.2015 (Copy enclosed for reference) in the OA No. 289/2013.

6.     In view of the above, this Association urges upon you to look into matter to give proper justice to Inspector Posts cadre working in Department of Posts.

 Yours sincerely,

(Vilas Ingale)
General Secretary 

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