- REQUEST FOR GRANT OF RS. 5400/- WHO GOT GP OF RS.4800/- ON UPGRADATION UNDER MACP IN VIEW OF DECISION IN REVIEW PETITION NO 2512 0F 2018
To
Sh. A.N.Nanda,
The Secretary (Post)
Department of Post
Dak Bhawan, Sansad Marg
New Delhi-110011
Sub: - Request for grant GP of Rs. 5400/- immediate on completion of regular service in GP of Rs.4800/- earned under MACP in view of decision on review petition (civil) no. 2512 of 2018 in civil appeal no. 8883 of 2011 with review (c) no. 2519 of 2018 in SLP (C) No. 17576/2017. .
Respected Sir,
Your kind attention is invited towards Postal Officer Association’s letter dated 18-2-2018 (copy enclosed as Annex-I) requesting your kind honour to grant GP of Rs. 5400/- on completion of Rs.4800/- earned under MACP. The Association in the above letter has further requested directorate that decision made by the Hon’ble Supreme court of India is required to be implemented to similar placed Group “B” officer of the Department of Post.
With profound regards, the matter is, once again summarized to your kind honour with due deference that as per Government of India’s Resolution No. M.F No. 1/1/2008-1C, dated 29.08.2008 ,clause (x) (e), “Group-B officers of Departments of Posts, Revenue, etc. will be granted 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”. As per this clause all the group “B” officers of Department of post, Revenue etc will be granted grade pay of Rs. 5,400/- in PB- 2 on non functional basis after 4 years of regular service in the grade pay of the 4800 in PB-2.
In this regards various Tribunals, High Courts and even Apex Court had already 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 up-gradation with effect from 01.01.2006 and “if the officer completes 4 year on a date after 01.01.2006, he will be given non-functional up-gradation from such date on which he completes 4 year in the pay scale of Rs.7,500-12,000 (pre-revised), since the petitioner admittedly completed 4 year period in the pay scale of Rs.7500-12000 as on 01.01.2008, he is entitled to grade pay of Rs.5400/-. In fact, the Government of India, having accepted the recommendations of the 6th Pay Commission, issued a resolution dated 29.08.2008 granting grade pay of Rs.5400/- to the Group-B Officers in Pay Band 2 on non-functional basis after four years of regular service in the grade pay of Rs.4800/- in pay band-2. Therefore, denial of the same benefit to the petitioner based on the clarification issued by the Under Secretary to the Government was contrary to the above said clarification and without amending the rules of the revised pay scale, such decision cannot be taken. Therefore, we are inclined to interfere with the order of the Tribunal”.
It is apparent that our case was referred to DO P&T which was reverted back with the direction to challenge orders of Hon’ble CAT bench at appropriate level. This was done so, as MOF has already taken decision to file review petition in civil appeal no. 8883 of 2011 with review (c) no. 2519 of 2018 in SLP (C) No. 17576/2017. However the above said review petitions have now been dismissed in Hon’ble Supreme Court, both on the ground of delay as well as merits in a Review Petition (civil) No.2512 of 2018 (copy enclosed as Annex- II).
It is once again requested that in the light of submissions explained herewith and in view of Hon’ble Supreme court orders to implement civil appeal no. 8883 of 2011, it is most humbly prayed that orders to allow the benefit for grant of GP of Rs. 5400/- to those officers who had got the GP of Rs.4800/- on up-gradation under MACP may kindly be issued. This will meet the end of natural justice.
With profound regards
Yours Sincerely
(R.N.YADAV)
Annex-I
To
Sh. A.N.Nanda,
The Secretary (Post)
Department of Post
Dak Bhawan, Sansad Marg
New Delhi-110011
Respected Sir,
Association wishes to bring to your kind notice the following provisions requiring in-depth analysis, favouring for grant of GP of Rs. 5400/- to those entire IP cadre officials, after immediate completion of their regular service in GP of Rs.4800/- earned under MACP. It is hoped that these would certainly find in line and would be taken into consideration before arriving at a just and favourable decision. This representation is preferred upon a judicial pronouncement by the Hon’ble Madras High Court in Writ Petition No.13225/2010 M. Subramaniam v. Union of India and others, decided on 06.09.2010 and also an order passed by the Principal Bench in OA-2930/2014.
As per Government of India’s Resolution No. M.F No. 1/1/2008-1C, dated 29.08.2008 ,clause (x) (e), “Group-B officers of Departments of Posts, Revenue, etc. will be granted 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”. As per this clause all the group “B” officers of Department of post, Revenue etc will be granted grade pay of Rs. 5,400/- in PB- 2 on non functional basis after 4 years of regular service in the grade pay of the 4800 in PB-2.
Further, as per Para 9 of the Annexure I to DoPT O.M. dated 19.05.2009 issued from F.No. 35034/3/2008-Estt.(D): “Regular Service for the purpose of the MACPS shall commence from the date of joining of a post in direct entry grade on a regular basis either on direct recruitment basis or on absorption / re-employment basis…...past continuous regular service in another Government Department in a post carrying same grade pay prior to regular appointment in a new Department, without a break, shall also be counted towards qualifying regular service for the purpose of MACPS….’’.As per Para 2 of DoP&T OM No 5034/3/2008-Estt(D)(Vol.II) dated 01.11.2010: “….financial upgradation under the MACPS shall be allowed in the immediate next higher grade pay in the hierarchy of revised pay bands as given in CCS (Revised Pay) Rules, 2008”.
The 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.
It is not out of place to mention here that on plain reading of DOP&T memorandum No. 10/02/2011.E.III/A dated 7-1.2013 leads to the conclusion that either pay of the officer on assuming higher responsibility should be fixed under FR 22 1(a) 1 in the same GP treating regular service on promotion in the relevant GP or financial upgradation under MACP or otherwise should be considered a regular service in that GP. Two separate interpretations on one issue are bad in the eyes of law and are considered mischievous, far-fetched, hyper technical and illegal.
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 and “if the officer completes 4 year on a date after 01.01.2006, he will be given non-functional upgradation from such date on which he completes 4 year in the pay scale of Rs.7,500-12,000 (pre-revised), since the petitioner admittedly completed 4 year period in the pay scale of Rs.7500-12000 as on 01.01.2008, he is entitled to grade pay of Rs.5400/-. In fact, the Government of India, having accepted the recommendations of the 6th Pay Commission, issued a resolution dated 29.08.2008 granting grade pay of Rs.5400/- to the Group-B Officers in Pay Band 2 on non-functional basis after four years of regular service in the grade pay of Rs.4800/- in pay band-2. Therefore, denial of the same benefit to the petitioner based on the clarification issued by the Under Secretary to the Government was contrary to the above said clarification and without amending the rules of the revised pay scale, such decision cannot be taken. Therefore, we are inclined to interfere with the order of the Tribunal”.
The said decision was challenged by the revenue department before the 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 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. Whereas, PS 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 of GP of Rs. 5400/- to those entire IP cadre officials, after immediate completion of their regular service in GP of Rs.4800/- earned under MACP.
With profound regards.
Yours Sincerely
(R.N.Yadav)
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