Delay in filing the CAT Case
Dear friends,
The filing of CAT Case is being delayed by one week for want of the following documents :
(i) V CPC recommendation (Particularly Para 62.9 ) related to Postal Inspectors.
(ii) Govt. notification accepting the V CPC recommendation.
(iii) IV CPC recommendation (Particularly Para 10.44) related to Postal Inspectors- If possible
(iv) Govt. notification accepting the IV CPC recommendation- If possible
(v) Govt. order issued in April,2004 to increase the pay scale of Incepctor Central Excise / Income Tax from Rs.5500-175-9000 to Rs.6500-200-10500.
Your cooperation in this regard is requested. Relevant information / Suggestions may be given through email at ipgp4600@gmail.com or at mobile 09349049801.
After dicussion with the Advoacte and verification of the Documents, it is clear that As of now, Postal Inspectors are not covered under the MOF OM dated 13.11.09, as it clearly states that, Rs.4600 GP is being given to those who were having PRE-REVISED Pay scale of Rs.6500. Postal Inspectors were upgraded to the scale of Rs.6500 as on 01.01.2006,i.e the REVISED pay scale is Rs.6500 and not the PRE-REVISED.
Hence our fight will be based on the parity with the Inspectors of CBDT/ CBEC and Assistant Grade of CSS , which was prevailing well before IV pay commission (Rs.425-700) and accepted by various pay commissions. It is the Finance Ministry, who disturbed the parity in Aptil’2004 and Nov’2009 and our Dept. also had not taken any action to set right the inequality.
In a judgement given by CAT Principal bench, New Delhi on 19.02.09 in OA No.164/2009 filed by SOs and PSs of CAT, New Delhi, it was stated that the historical parity with their counterparts in CSS/CSSS should be maintained and the Govt. was asked to pay the arrears within a period of one month. We can also fight on the same line.
Hoping for all your cooperation………
Thanks.
Permanand.
Posted by Permanand at 8:57 PM
16 comments:
Anonymous said...
Prior to the introduction of IV Central Pay Commission,
the pay scale of Inspector Post was Rs. 425-700 equivalent to that of Inspectors of Income Tax and Central Excise Departments.
The IV Central Pay Commission, taking into account all the aspects like duties and responsibilities found that there requires a parity in the scale of Inspector Posts and the Inspectors of other Departments, but however found that the Cadre of Inspector of Income Tax and Central Excise is having an element of Direct Recruitment which did not exist in the recruitment of Inspector Posts. The Department on the recommendations of the Commission accepted the same and introduced the element of direct recruitment wef 26-04-2001. The matter of up gradation of scales on par with other Departments was referred to the V Pay Commission. The V Central Pay Commission after examining the demand for up gradation of scales with that of Inspectors Income Tax/ Central Excise, recommended higher scales of 5500-175-9000 to Inspectors Posts.(Para 62.9and 62.11 of V pay commission recommendations) and hence a parity in scales with that of Inspectors of IT/Central Excise was met w.e.f. 01-01-1996. However, the scales of Inspectors Income tax and the Central Excise were further elevated to the scales of Rs. 6500-10500 from 21-04-2004 and with this, again an anomaly in scales creped in. Having the same duties and responsibilities, The Inspector of Posts was put to work on a lower scale.
March 9, 2010 3:00 AM
Anonymous said...
What was IP/ASP Association doing when the Pay scales of I.tax/central excise was upgraded in the year 21-4-2004?They should have demanded the same from the DOP/MOF.
March 9, 2010 7:34 AM
Mahesh, IP, Chennai said...
Hi Permanand,
I would like to know how the meaning of pre-revised scale is interpreted as mentioned by you. Pre-revised as on 01.01.2006 means scale given at the time of implementation of 6th PC report. Pay scales (bands) recommended by 6th PC are the revised scales and anything prior to that is pre-revised.
As per the 6th PC report, we were in 6500 scale as on 01.01.2006 and only based on that we were placed in the revised scales. I think we are mis-interpreting the wordings to our disadvantage.
Please consult with the advocate once again in this regard.
Best wishes for your great efforts.
March 9, 2010 9:16 AM
Anonymous said...
Reply to anonymous question on 9.3.10 at 7.34 AM.
IP/ASP assn. was doing the same thing which it is doing now.
March 9, 2010 8:31 PM
Anonymous said...
Reply to Annonymous March 9,2010, 8.31:
Why didn't you approach the CAT at that time when there was upgradation in other deptt?All IPOs /ASPos now could have benifited if the Association would have acted promptly.
March 9, 2010 10:19 PM
Permanand said...
Dear Mahesh,
As far as the revised pay scale in the VI CPC is concerned, kindly go through the Govt. notification accepting the VI CPC recommendation and the MOF OM dated 13.11.09.For the ASPOs, the present scale was shown as Rs.6500-10500 whereas the Revised scale was shown as Rs.7450-11500 and the corresponding Grade Pay of Rs.4600 was given in the pay band PB-2. Hence the Revised pay of ASPOs as on 01.01.06 was Rs.7450 and similarly the Revised Pay of Postal Inspector as on 01.01.06 was Rs.6500 and not the pre-revised. Initially, I also had the impression that whatever scale given in old pay scale is pre-revised only. But in the notification, it is shown as Revised and corresponding grade pay has been given.
We are going to fight any way because we had the parity with the Inspectors in CBDT / CBEC well before IV CPC.
I am thankful for your comment. Regarding past inaction,I would like to say that, we should not discuss about why no proper action was taken by the Association in 2004, when the pay scales of Inspectors in CBDT / CBEC were increased. There is no use of such discussion now. However, we should be careful not to repeat the Past inaction, this time.
Thanks.
March 9, 2010 11:48 PM
Anonymous said...
I am having the opinion that nothing wrong in waiting for one more week, as suggested by some of our members. In the blog of IP/ASP Andhra circle, it is written that file has been sent on 02.03.10 to MOF.We may wait for some time to see the outcome.
March 10, 2010 7:52 PM
Anonymous said...
I agree with the above comment, however, we should continue the ground level work.
March 10, 2010 7:54 PM
Anonymous said...
Kindly see the News Flash published in Andhra IP/ASP Blog :
FLASH>>>
Upgradation of grade pay of IP, ASP & Gr.B file re-submitted to MOF by dept on 2.3.2010 with strong recommendations. (source from G.S) - Circle Secretary.
Posted by ipaspandhra at 3:19 AM 0 comments
For filing of the CAT Case, we should wait for the outcome.
March 10, 2010 7:59 PM
Anonymous said...
I dont think it will be approved. since the FM can only concur GP of rs.4600 to inspectors and nothing new could be given only for our Dept.
ABC
March 11, 2010 10:22 PM
Anonymous said...
Do we know whether the merging of IP and ASP cadre has already been proposed by the dept or not in the file re-submitted to MOF?
March 11, 2010 10:56 PM
Anonymous said...
not proposed
March 11, 2010 11:31 PM
Anonymous said...
Dear friends, I am not a Postal Inspector but my view is all scales of 5000,5500 and 6500 either merged or upgraded to 6500 with gp4200 as on 1-1-2006 will be eligible gp4600 vide OM dated 13-11-2009 which is a common order issued by MOF under GFR 253(2). In case any functional problem to integrate all the 3 pre-revised scales in one RR, DOP can keep separate RRs of these 3 posts in identical scale as per DOPT OM dated 24-3-2009. In CSS also identical scales can be promoted ie from PS to SO grade after fulfill eligible criteria and no problem in CSS. Since operative part of OM 13-11-2009 did not used the words 'existing scale' and 'grade pay of Rs.4200 in the pay band PB-2(S-13)'and specifically used '1-1-2006'in lieu of 'prior to 1-1-2006'there is no place for judicial misinterpretation. Besides, as mentioned in para 3 of operative part that the upgradation issued after receiving a large number of reference from pre-revised scale of Rs.6500-10500 as on 1.1.2006 not prior to 1.1.2006. I hope my friends would study such technical words and precedents before filing the case in the CAT.
March 12, 2010 11:22 PM
Anonymous said...
4600 GP can only be granted to IPOs as there is direct rec.element.No other lower grades in DOP can be made identicle with IPOs.If IPOs/ASPOs are merged that will be different issue as the ASPOs cadre is not exists in other ministries i.e. CBDT/CSS.DOP may not give higher GP to ASPOs/SPOs.
March 14, 2010 3:30 AM
krishnan said...
Mr.Permanand,
Please see the responses. out of 14, One belongs to you. Other than Mr.Mahesh, no body is willing to reveal their identity and 12 are anonymous.
Your intention is good. I wish you a positive decision from CAT. Please keep in mind while preparing petition for CAT that in 6th cpc importance is given for scales and not for posts.
With regards
March 14, 2010 5:18 AM
Anonymous said...
Reply to Krishna,
Dear Krishna , identity is not important.Most of annonymous peoples are supporters of Permanand's move.They are waiting the time when the case is filed in CAT. I hope Permanand will do the right thing after consultation with Advocate. I have already requested him to wait for 1-2 weeks or till thje All India conference at New Delhi i.e. Ist week of April-10.We will not get justice unless we fight the case legally.
March 14, 2010 6:43 AM
dont waste time immediately file CAT case It is now clear that IPs are not going to get GP higher than 4200/= from the department.However as a natural justice it is a fit case to file in the court .
ReplyDeleteI have been selected for the post of inspector in postal department. Hence I would like hike in G.P immediatley
ReplyDeleteSince the Central Government had constituted the VIth Pay Commission to set right the anomalies and to recommend Pay revision in case of Central Government employees, and the said commission had not submitted its report at that time, the Hon’ble CAT disposed these OAs with direction to applicants and Respondents to take up the issue immediately before VI th Pay Commission with the copy of its order.
ReplyDelete