Filing of CAT case in Bangalore

On behalf of the Circle Association, Sri Jayanth Kumar, Sri Gopal Naik and Sri Joseph Rodrigues(IPs)met the Advocate Sri Phadke on 20-07-2010 Tuesday in Bangalore to discuss about filing of CAT case in Bangalore. We have placed before the learned advocate the following issues.


1. The previous Hon CAT Bangalore verdict.

2. The 6th CPC recommendations about upgradation of IPs on par with other Inspectors in CBDT and Income Taxes

3. The upgradation of grade pay of Inspectors in CBDT and Income Taxes

4. The Proposal of the Association regarding agreeing for merger of IP and ASP cadre

5. The details of the CAT case filed in Ernakulam bench Kerala regarding grade pay upgradation

6. The loss of fixation benefits to IPs as on 01-01-2006

The advocate opined that this is a fit case for getting the justice as similar cases in other depts. were set right by those depts after approaching CAT. Advocate informed us that Grade I and Grade II officers in Military Engineering Service (MES dept under Defense) filed a case through him and their grade pay was upgraded by merging the above two cadres. He is hopeful of getting justice under fixation of pay in our case also.

Regarding the subjudice and prejudice for proposed merger issue of the department in view of CAT case filed by IP of Kerala circle-

The advocate opined that court will never bar any welfare measure being taken up by the dept unless court issues directives from restraining to take such specific action. These may be one of the reasons of our dept officers to prolong and evade benefits to our cadre. The GS will be addressed to handle this issue at Directorate and convince the officers.

The CAT case filed in Ernakulam bench is regarding the grade pay issue on par with inspectors of other department who recruited together (direct IPs) and if judgment comes in our favour all will get grade pay w.e.f 01-01-2006. But what about fixation of pay as on 1-1-06?.

The recommendation of upgradation of pay of IPs is reproduced below…

Inspector (Posts) 7.6.14
Postal Inspectors in Department of Posts have demanded a
higher pay scale of Rs.6500-10500 on par with Inspectors and
analogous posts in CBDT/CBEC as well as Assistants of Central
Secretariat Service (CSS) on the ground that they are recruited
through the same examination. The Commission is recommending
the merger of pre-revised pay scales of Rs.5500-9000 and Rs.6500-
10500 which will automatically bring Inspector (Posts) on par with
Assistants in CSS/Inspectors and analogous posts in CBDT and
CBEC. With this upgradation, Inspector (Posts) shall come to lie in an identical pay scale as that of their promotion post of Assistant Superintendent (Posts) [ASPOs]. ASPOs shall, accordingly, beplaced in the next higher pay scale of Rs.7450-11500 corresponding band PB-2 of Rs.8700-34800 along with grade pay of Rs.4600.

As per the above recommendation, the pay scales of IPs should be upgraded to Rs.6500/- as on 01-01-2006 for those who have not already crossed basic pay of Rs.6500/- and pay should be fixed assuming that he is drawing pay of Rs.6500/-.

The above fact was brought before the advocate and he suggested to file a CAT case and he assured to deliver the justice.

Regarding the fee, the advocate informed that it depends on the number people benefiting from the issue and quantum of benefit.

The advocate is expecting minimum of Rs.one lakh for filing the case.
We may get financial assistance from our association up to Rs.20,000/_(to be discussed) and remaining amount may have to contributed and collected from junior IPs who are getting benefits from this. Each may have to contribute Rs.3000/- to file the case .

As amount to be collected is huge it is proposed to have a discussion with like minded IPs and come to a conclusion.

All are requested to give their valuable opinion on the above issues for taking further course of action. Send your opinion to ipmrnorth@gmail.com

Inputs from
Joseph Rodrigues
Jayanth Kumar
Gopal Naik