Fixation of pay in the merged pay scale of 5000-8000 and 5500-9000 with 6500-10500 (5th CPC) in Pay Band-2 + Grade Pay 4200 : Early implementation of CAT Ernakulum bench order – reg.

Fixation of pay in the merged pay scale of 5000-8000 and 5500-9000 with 6500-10500 (5th CPC) in Pay Band-2 + Grade Pay 4200 : Early implementation of CAT Ernakulum bench order – reg.


Fixation of pay in the merged pay scale of 5000-8000 and 5500-9000 with 6500-10500 (5th CPC) in Pay Band-2 + Grade Pay 4200 : Early implementation of CAT Ernakulum bench order – reg.

fixation-of-pay-reg-govempnews

Shiva Gopal Mishra
Secretary
Ph.: 23382286
National Council (Staff Side)
Joint Consultative Machinary
for Central Government Employees
13-C, Ferozshah Road, New Delhi – 110001


No. NC-JCM-2018/Fin. (Aco)


April 23, 2018.

Joint Secretary (Pers)
Department of Expenditure
Ministry of Finance
North Block,
New Delhi – 110 001. 
Subject : Fixation of pay in the merged Pay Scale of Rs. 5000-8000 and Rs.
5500-9000 with Rs. 6500-10500 (5th CPC) in 6th CPC
Pay Band-2 + Grade Pay Rs. 4200/.

Reference: Item No. 1, 2, 3 and 4 of the Minutes of the National Anomaly
Committee held on 17th July, 2012 circulated vide DOP&T OM
F.No. 11/2/2008-JCA dated 13th September, 2012.
Sir,
Kindly refer to Para No. 8.1 of the Minutes of the Meeting of the 6 th CPC National Anomaly Committee held on 17th July,
2012. This is with regard to Item No. 1, 2, 3 and 4 i.e. fixation of pay in
revised Pay Scale. The Staff Side in the meeting has reiterated their
demand that the pay in the incumbents holding the merged Pay Scale of Rs.
5000-8000 and Rs. 5500-9000 should have been fixed by applying the
multiplication factor of 1.86 at Ra. 6500 w.e.f. 01.01.2006 implying
thereby that the commencement point of the Pay Band-2 should be at Rs.
12090/- based on 6500 x 1.863 = 12090 instead of Rs. 9300/- computed by
multiplying Rs. 5000 x 1.86. The Official Side has rejected the demand of
the Staff Side and after discussion it was decided that on this issue a
disagreement may have to be recorded for referring the same to arbitration.
Even though it is more than 5 years after the above decision we are not
aware that what action has been taken to implement the decision taken in
the National Anomaly Committee Meeting. 
In this situation the affected Central Government Employees working in
different Ministries have approached Court of Law for getting justice.
Recently the CAT Ernakulum Bench in its Order OA No. 180/00569/2014
delivered on 03rd of April, 2018 has upheld the demand of the
Staff Side and has given the following direction to the Government of
India. The relevant portion of the Judgment is given below for your kind
information. 

14. It has to be borne in mind that CDS (RP) Rules, 2008 is a Rule
notified under the proviso to Article 309 of the Constitution of India
made by the President and hence it has a statutory status in the eye of
law. Therefore, any interpretation of the provisions in the said Rules
has to be in terms of the Rules itself. Any O.M. issued by way of
clarification, explanation or prescribing the modalities for fixation
of initial pay of the Government Employees as per the revised pay
structure can be only in terms of what is stated in the Rules. 
 

15. As observed above, going by the definitions of the terms ‘existing
basic pay’ and ‘existing scale’ in the CDS (RP) Rules, 2008, Rule 7
fixation can be only in accordance with the afore-mentioned definitions
of ‘existing basic pay’ and ‘existing scale’ only and not by way of
administrative O.Ms and instructions contained in Annexure A-1 and
Annexure A-2 communications. Therefore, we are inclined to quash and
set aside Annexure A-1 and Annexure A-2 communications. We do so. We
hold that the applicants are entitled to the declaration as prayed for
and that the respondents should be directed to fix the initial pay of
the applicants including all the members of Applicant No. 1 association
in the revised pay structure by fixing their salary in the revised pay
scale of Rs. 6500-10500 treating Rs. 6500/- as the existing basic pay
as on 01.01.2006 with all consequential benefits. We order accordingly.
This order shall be complied wihin 3 months from the ate of receipt of
copy of this order.” 
 
In view of the above Judgement it is requested that without further
prolonging the matter the above Judgment may be implemented by issuing a
general instructions extending the benefit to all the similarly place
Employees. 
Awaiting for your favourable response please. 
Thanking you,
Read also :  25% increase in TA DA rate was not for them who was opting/claiming old rate in 6th CPC: CGDA orders for recovery

Yours Faithfully,
(Shiva Gopal Mishra)
Secretary

Source: Confederation
https://feedburner.google.com/fb/a/mailverify?uri=blogspot/jFRICS&loc=en_US
FOLLOW US FOR LATEST UPDATES ON  FACEBOOK AND TWITTER

COMMENTS