Wednesday, 4 April 2018

Fixture of pay of Group ‘B’ officers w.e.f. 1-1-2006 while issuing orders for placing IPs in GP of Rs. 4600/- .

Sh. A.N.Nanda,
The Secretary (Post)
                  Department of Post
                Dak Bhawan, Sansad Marg
                New Delhi-100001

No.     CHQ/POA/1-23/2017-18           Dated 15.02.18
Sub:   Fixture of pay of Group ‘B’ officers w.e.f. 1-1-2006 while issuing orders for placing IPs in GP of Rs. 4600/- .
Respected Sir,
        Association wishes to bring to your kind notice the following provisions requiring in-depth analysis, while deciding the pay fixture of IPs in the GP OF Rs. 4600/- w.e.f 1-1-2006. It is hoped that these would certainly find in line and would be taken into consideration before arriving at a just and favourable decision.
Consequent upon grant of GP of Rs. 4600/- to IPs w.e.f 1-1-2006 having equivalent replacement of the 5th pay commission, scale of 7450-225-11500 will certainly create anomalies in the hierarchy that needs to be looked into on priority at each stage of chain in command. Keeping ASPs at the same GP of Rs.4600/- that has not even enjoyed by ASPs before implementation of 6th pay commission particularly being fixture of pay without any bunching or addition of increment is arbitrary, discriminatory and against equality. Under 5th pay commission the ASPs were in the pay scale of 6500-10500 and were given replacement higher scale of 7450-225-11500 without any bunching or increment. Since the ASPs have been placed in identical scale so as provided in MOF OM No. 10/2/2011.E.III/A dated 7-1-2013(copy enclosed), the fixation of pay on promotion from one post to another where promotional post carries the same GP as the feeder post, in such cases fixture of pay will be done in the manner as prescribed in Rule 13 (i) of CCS (RP) rules 2008.  Apparently ASPs are also eligible for fixture of pay w.e.f 1-1-2006 in the identical scale for two different cadres after giving benefit of bunching.
Furthermore, since ASPs and IPs have been placed in the same scale so provision for grant of MACP will have to be redefined when ASPs will get GP of Rs.4800/- under MACP on completion of 10 years of service in revised GP of Rs. 4600/-. Thereafter the question for grant of Grade Pay of Rs, 5,400/- in PB-2 on non – functional basis after 4 years of regular service in the grade pay of Rs.4,800/- in PB-2” will arise. In this contest 1st schedule of CCS (RP) Rules, 2008 as mentioned in Rule 3 & 4 above, pay band & grade pay on the pay scale as applicable for every post/grade shall be specified. Para 7.6.14 of the report of Pay commission would make it clear that a Group “B” officer in PB-2 with a Grade pay of Rs. 4800/- will get the Grade Pay of Rs. 5400/- after completing 4 years of regular service on non – functional basis. The enhancement of grade pay is not dependent on the post, but on regular service of 4 years in Grade Pay of Rs. 4,800/- in PB-2 (Rs.7,500- 12000 pre-revised).
In this context, it is pertinent to mention here that as per GOI resolution 1/1/2008 IC dated 29.8.08 does not make a categorization within Group B cadres viz ASP/ Supdt. in Departments of Post for the purpose of grant of Grade Pay of Rs 5400/- as both cadre are in Group B and enjoying  gazetted status. In terms of MACP scheme notified by the DoPT vide OM No 35034/1/97- Estt(D)  dated 9.8.1999, the financial up-gradation under the scheme should be granted to the pay scale of the next hierarchical cadre.
Similar matter had come up for decision before the Hon’ble Central Administrative Tribunal Madras Bench. The said tribunal had ruled in favour of the employee to the effect that if an officer has completed 4 years on 01.01.2006 or earlier, he will be given the non-functional upgradation with effect from 01.01.2006. The said decision was challenged by the revenue department before Hon’ble High court of Madras. The challenge made by the department had been rejected by the said court meaning thereby the CAT orders stood affirmed. The judgement passed by the Hon’ble High court of Madras was also challenged before the Hon’ble Supreme Court of India and challenge so made stood rejected even by the Hon’ble Apex court. As such orders passed by CAT bench become applicable to all similar placed officers being the SLP rejected by Hon’ble Apex court so should be applicable to the officer of DOP also.
It is pertinent to mention here that in similar placed applicant other benches of CAT upheld the decision of Hon’ble High Court of Madras and passed orders” Considering the reasoning given by the Hon’ble Madras High Court, we declare the action of the respondents in not granting the grade pay of Rs.5400/- to the applicants on completion of four years service in grade pay of Rs.4800 as illegal and unjustified”.
Recently Ministry of Information and Broadcasting vide letter no F. No.515/63/2016-BA(E) after having approval of Department of Expenditure, MOF as conveyed vide UO NO. 22(4)/E.III.B dated 10.11.2017 extended benefit of Grade pay of Rs. 5400/- in PB-II on non functional basis after 4 years of regular service in the grade pay of Rs.4800/- in PB-II to all similar placed officers in their department (copy enclosed). Whereas, Group B officer of DOP are more analogous than AEs of Ministry of Information  Broadcasting as in Government of India’s Resolution No.  M.F No. 1/1/2008-1C, Dt. 29.08.2008, clause (x) (e),“Group-B officers of Departments of Posts, Revenue, etc. is clearly spelled out.
 In the light of above submissions, it is most humbly prayed that pay of the all Group B officers may kindly be ordered to re-fix w.e.f 1-1-2006 keeping in view the above averments along with grant of non functional Grade Pay of 5400/- to all Group B officers effective from the date they have completed 4 years regular service in Grade Pay of 4800/-. This will meet the end of justice.
        With profound regards.
Yours faithfully
Postal Officer Association

            Sri B V Sudhakar
            Department of Post
            New Delhi-110001

Respected Sir,

Sub.: Issues arising out of the recommendations of 7th Pay Commission.

Postal officer Association had a detailed deliberation on the 7th Pay Commission report during CWC held at Mathurra along with other pending issues and decided to bring the following points to your notice for redressing our genuine grievance.

1.            Non-drawl of Transport Allowance as per admissible rate in the pre-revised GP of Rs. 5400/- and payment of arrears thereto accordingly to PS Group B officers.
Department of Post on the recommendation of 7th pay commission has placed all PS Group B officers at entry stage in the pre-revised GP of Rs.5400/- w.e.f. 01-01-2016. Hitherto, Group B officers were placed in GP of Rs. 5400/- after rendering 4 years’ service in GP of Rs. 4800/- as such benefit of Transport Allowance @ 1600+DA was accorded accordingly after four years of service. Now consequent upon conferring GP of Rs. 5400/- at entry stage w.e.f 1-1-2016 the benefit of minimum basic TA @ 1600/-+DA is also required to be paid in the pre-revised GP of Rs. 5400/- w.e.f 1-1-2016. But opposing to above many accounts line DDOs are still drawing TA @ 800/-+DA to PS Group B officers even after placing them in GP of Rs. 5400. This Association has already brought it to your kind notice vide representation dated 31-8-16 copy of which is enclosed as Annex-I. The Association through this memorandum again requests your kind honour to issue necessary instructions to all circles to drawn the allowances at the existing rate of 1600/- +DA/3200+DA as the case may be as per eligibility in the pre-revised GP of Rs. 5400/-.This will also maintain uniformity at each level.

2.         Non-grant of increment to the PS Group B officers promoted between 1-1-2012 and 31-12-2015 before placing in the upgraded Pay Matric level 9.
On the recommendation of 7th CPC the G.O.I has accepted the grant of a higher pre-revised Grade Pay of Rs 5400 in PB-2 of Rs 9300-34800 with effect from 01-01-2016 to PS Group “B” officers but in the pay fixture higher Grade Pay of Rs.4800/- has been simply replaced with GP Rs 5400 without allowing the benefit of pay fixation of FR 22 (I) (a) (1). As per 6th CPC orders pay fixture of FR 22(I) (a) (1)was otherwise made applicable & admissible in GP of Rs. 5400/- after rendering 4 years of service in GP of Rs.4800/-. Thus, all the officers who were promoted between 01-01-2012 to 31-12-2015 have been put to a loss of getting 3 % notional incremental benefit while all the officers promoted prior to 01-01-2012 have got benefit of one increment as required under FR 22(1) (a) (1) & those who have been or would be promoted to PS Group “B” service after 01-01-2016 have got or would get the benefit of one additional increment under clause 13 of CCS(Revised Pay) Rules 2016 in the following manner.
“One increment shall be given in the Level from which the employee is promoted and he shall be placed at a Cell equal to the figure so arrived at in the Level of the post to which promoted and if no such Cell is available in the Level to which promoted, he shall be placed at the next higher Cell in that Level.”
This Association has already submitted anomaly letter to DOP requesting for appropriate orders to fix the pay of PS Group B officers promoted between 1-1-2012 and 31-12-15 in the Grade Pay of 5400/- as required ON APPOINTMENT TO A POST CARRYING HIGHER RESPONSIBILITIES i.e ON PROMOTION FR 22(1) (a) (1) and pay of officer promoted after 1-1-2016 may kindly be ordered to fix as per provision of Clause 13 of CCS (Revised Pay rules) 2016 after allowing option under FR 22(1)(A)(1)otherwise the up-gradation of GP to 5400/- will turned out to be disadvantageous rather than beneficial.Copy of the letter already preferred to your kind honour is enclosed as Annex-II.

3.         Non-Grant of NFSG to PS Group B officers.
Postal Superintendents (PS Group B officers) of DOP have been placed in replacement scale of Rs.5400 in PB 2 without NFSG. Non grant of NFSG to Group B officer will create big anomaly as direct recruit inspector with entry level 7 will be directly placed at level 10 with maximum of three up-gradations under MACP as such their meaning to promotion at JTS level will cease the purpose. Whereas the promotional hierarchical level of PS Group B is 9 and as such the given pay matrix will restrict the movement of promotes IPs in level 9 under MACP giving no solace of promotion to PS Group B.
Postal Superintendents is a promotional post to IP/ASP cadre. It constitutes the vital managerial head at the crucial divisional level and all the responsibilities are virtually devolved to divisional heads which are generally managed by PS Group B officers. When it comes the turn of their career progression all the demands are relegated to back seat asking them to first perform. How in such an event possible to deliver the results when AAO accounts like people are getting more benefits as is apparent from the notification of placing at level 9 after rendering  4 years from entry stage. But the Superintendents in PS Group B manning vast Postal Divisions with more than 700 staff working under him with huge responsibilities of maintaining the service and also disciplinary powers has not been given due recognition and their pay scale remain at level 9.Due to stagnation in Group B cadres, Inspector Posts get promotions after 10 to 12 years of service at each level. Therefore, most of them would get financial up-gradation under MACP after 10 years 20 years and 30 years and virtually no financial benefit on the promotion in their career. Now there will be no financial up-gradation even after 34 years of service under NFSG in PS Group B. In the new pay matrix, it can be seen that they will get only one increment and none of them will be getting any additions in the fixation in higher level equivalent to GP 5400.In a stagnated cadre, the benefit given in 10 years under the guise of MACP is only one increment and such situation will be nowhere in any other departments. Therefore, placement grade for the Superintendents should be that of GP 5400/GP2 and after four years GP 5400/PB3 (the improved one), i.e. Level 9 and Level 10 for Superintendents.
            The Association once again requests your kind honour to look into above demands and restore the lost ground of PS Group B officers so that they can function as effectively as ever and take active part in the process of quick transformation.
              With warm regards
Yours faithfully
(R N Yadav)
General Secreatary

Postal Officer Association


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