Full Text
Date of Decision: September 6, 2013
SH. KAUSHIK PAIK AND ORS. ..... Petitioners
Through Ms.Jyoti Singh, Sr.Adv. with Ms.Tinu Bajwa and Ms.Sahilla Lamba, Advs.
Through Mr.C.K.Sharma, Adv. for R-1 to 3.
HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S.RAVINDRA BHAT(Oral)
JUDGMENT
1. We have heard learned counsel for the parties.
2. The petitioners had approached the Tribunal for a direction to grant them grade pay of Rs.4800 (PB-2) and Rs.5400/- (PB-3) upon completion of four years as per the provisions of part-B Section II,
┌────────────────────────────────────────────────────────────────────────────────────────────┐ │ Section II │ │ (In Rupees) │ │ Sl. Post Present Revised Pay Corresponding Pare No. of │ │ No. Scale Scale Pay Bank & the Report │ │ Grade Pay │ │ Pay Grade │ │ Bank Pay │ │ (1) (2) (3) (4) (5) (6) (7) │ │ I OFFICE STAFF IN THE │ │ SECRETARIAT* │ ├────────────────────────────────────────────────────────────────────────────────────────────┤ │ 1 Section Officer/PS/ 6500- 7500-12000 PB-2 4800 │ │ equivalent 10500 8000-13500 PB-3 5400 3.1.9 │ │ (on (on (Modified │ │ completion completion by Govt.) │ │ of four of 4 years) │ │ years) │ │ This scale shall be available only in such of those organizations/services which │ │ have had a historical parity with CSS/CSSS. Services like │ │ AFHQSS/AFHOSSS/RBSS and Ministerial/Secretarial posts in │ │ Ministries/Departments organisations like MEA, Ministry of Parliamentary │ │ Affairs, CVC, UPSC, etc. would therefore be covered. │ └────────────────────────────────────────────────────────────────────────────────────────────┘
3. The petitioners have relied upon the hierarchy of posts and a pay structure that existed from time to time in view of recommendations of 3rd, 4th and 5th Pay Commissions. This has been disclosed in the form of tables sharing parity. The same is extracted below for convenience:- Promotion & Feeder Grade in CGO Equivalent Promotion & Feeder Grade in CSS Equivalent Promotion & Feeder Grade in AFHQ SCSO ↑ CSO ↑ SO ↑ Assistant ↑ UDC ↑ LDC DS ↑ US ↑ SO ↑ Assistant ↑ UDC ↑ LDC JD ↑ DD ↑ SO ↑ Assistant ↑ UDC ↑ LDC
4. The grievance by the petitioners in the proceedings before CAT was that the parity which existed between a Section Officer in the Coast Guard of the two different groups, i.e. PB-2 and PB-3 with other similarly placed WP(C) No.116 /2013 Page 3 officials in the Central Secretariat Services and Armed Forces Headquarters, was sought to be denied by the respondents. It was argued before the CAT that this denial of parity was arbitrary and not based on any rationale. In support of their submissions, the petitioners relied upon the Recruitment Rules and the staffing pattern in the Coast Guard as compared with the other organisations which contain a similar hierarchy of civilian posts.
5. The Tribunal heard the matter. Since the respondents resisted the petitioner’s claim, it relied upon its previous ruling in OA no.143/2004 decided by the Lucknow Bench on 10.10.2011. The following extracts of the Tribunal’s order are reproduced below:-
6. Ms. Jyoti Singh, learned senior counsel argues that the staffing pattern, the pay scale and the broad nature of duties and functions of the Section Officer at both levels - who claim the parity in the present case - are identical with those discharged by members of the Secretariat Service at a similar level as well as those in the Armed forces headquarters, placed at a similar level. It was argued that the recommendations of the Pay Commission, contrary to the assertions of the respondents, nowhere states that existing parity must be broken. In support of this argument, learned counsel relied upon the following extracts of the Commission’s WP(C) No.116 /2013 Page 5 recommendations:- “Recommendations: 3.1.[9] Accordingly, the Commission recommends upgradation of the entry scale of Section Officers in all Secretariat Services (including CCS as well as non participating ministries/departments/organizations) to Rs.7500-12000 corresponding to the revised pay band PB 2 of Rs.8700-34800 along with grade pay of Rs.4800. Further, on par with the dispensation already available in CSS, the Section Officers in other Secretariat Offices, which have always had an established parity with CSS/CSSS, shall be extended the scale of Rs.8000-13500 in Group –B corresponding to the revised pay band PB 2 of Rs.8700- 34800 along with grade pay of Rs.4800 on completion of four years service in the lower grade. This will ensure full parity between all Secretariat Offices. It is clarified that the pay band PB 2 of Rs.8700-34800 along with the grade pay of Rs.4800 is being recommended for the post of Section Officer in these services solely to maintain the existing relatives which were disturbed when the scale was extended only to the Section Officers in CSS. The grade carrying grade pay of Rs.4800 in pay band PB-2 is, otherwise, not to be treated as a regular grade and should not be extended to any other category of employees. These recommendations shall apply mutatis-mutandis to post of Private Secretary/equivalent in these services as well. The structure of posts in Secretariat Offices would now be as under:- Post Pre revised pay scale Corresponding revised pay bank and grade pay LDC Rs.3050-4590 PB-1 of Rs.4860-20200 along with grade pay of Rs.1900 UDC Rs.4000-6000 PB-1 of Rs.4860-20200 Rs.2400 Assistant Rs.6500-10500 PB-2 of Rs.8700-34800 WP(C) No.116 /2013 Page 6 Rs.4200 Section Officer Rs.7500-12000 Rs.8000-13500 (on completion of four years) PB-2 of Rs.8700-34800 Rs.4800. PB-2 of Rs.8700-34800 Rs.5400* (on completion of four years) Under Secretary Rs.1000-15200 PB-2 of Rs.15600-39100 Rs.6100 Deputy Secretary Rs.12000-16500 PB-3 of Rs.15600-39100 Rs.6600 Director Rs.14300-18300 PB-3 of Rs.15600-39100 Rs.7600 (* This scale shall be available only in such of those organisations/services which have a historical parity with CSS/CSSS. Services like AFHQSS/AFHQSSS/RBSS and Ministerial /Secretarial posts in Ministries/Departments organisations like MEA, Ministry of Parliamentary Affairs, CVC, UPSE, etc. would therefore be covered.)”
7. It was submitted that the above extracts of the Pay Commission recommendations in fact establish that existing parity could not be disturbed. In furtherance of the same argument, the learned senior counsel relied upon the extracts of the Rules framed pursuant to the recommendations/and even accepting it, under a proviso Article 309 of the Constitution in 2008. The relevant extract of the Central Civil Services (Revised Pay) Rules, 2008 are as below:- WP(C) No.116 /2013 Page 7 “REVISED PAY SCALES FOR CERTAIN COMMON CATEGORIES OF STAFF” Section I
(i) The revised pay structure mentioned in Column (5) and (6) of this part of the Notification for the posts mentioned in Column (2) have been approved by the Government. The initial fixation as on 1.1.2006 will be done in accordance with Note 2 below Rule 7 of this Notification.
(ii) On account of merger of pre-revised pay scales of Rs.5000-
8000, Rs.5500-9000 and Rs.6500-10500, some posts which presently constitute feeder and promotion grades will come to lie in an identical grade. The specific recommendations about some categories of these posts made by the Pay Commission are included Section II of Part B. As regards other posts, the posts in these three scales should be merged. In case it is not feasible to merge the posts in these pay scales on functional considerations, the posts in the scale of Rs.5000-8000 and Rs.5500-9000 should be merged, with the post in the scale of Rs.6500-10500 being upgraded to the next higher grade in pay band PB-2 i.e. to the grade pay of Rs.4600 corresponding to the pre-revised pay scale of Rs.7450-11500. In case a post already exists in the scale of Rs.7450-11500, the post being upgraded from the scale of Rs.6500-10500 should be merged with the pos in the scale of Rs.7450-11500.
(iii) Posts in the scale of Rs.6500-10500 carrying minimum qualification of either Degree in Engineering or a Degree in Law should also be upgraded and placed in the scale of Rs.7450-11500 corresponding to the revised pay band PB-2 of Rs.9300-34800 along with grade pay of Rs.4600.
(iv) Posts of scientific staff in the scale of Rs.6500-10500 carrying minimum qualification of engineering degree or a postgraduate degree should also be upgraded and placed in the scale of Rs.7450-11500 corresponding to the revised pay band PB-2 of Rs.9300-34800 along with grade pay of Rs.4600.
(v) Upgradation as in (ii) above may be done in consultation with
(iii) and (iv) above, upgradation may be done by the Ministries
WP(C) No.116 /2013 Page 8 concerned in consultation with their Integrated Finance. Section II (In Rupees) Sl. No. Post Present Scale Revised Pay Scale Corresponding Pay Bank & Grade Pay Pare No. of the Report Pay Bank Grade Pay (1) (2) (3) (4) (5) (6) (7) I OFFICE STAFF IN THE SECRETARIAT*
1 Section Officer/PS/ equivalent 6500- 7500-12000 8000-13500 PB-2 PB-3 5400 3.1.[9] (on completion of four years) (on of 4 years) (Modified by Govt.) This scale shall be available only in such of those organizations/services which have had a historical parity with CSS/CSSS. Services like AFHQSS/AFHOSSS/RBSS and Ministerial/Secretarial posts in Ministries/Departments organisations like MEA, Ministry of Parliamentary Affairs, CVC, UPSC, etc. would therefore be covered.
OFFICE STAFF WORKING IN ORGANISATIONS OUTSIDE THE
SECRETARIAT
1. Head Clerk/ Assistants/Steno Gr. II/equivalent 4500-7000 5000-8000 6500-10500 PB-2 4200 3.1.14
2. Administrative Officer Grade II/Sr. Private Secretary/ equivalent 7500- 7500-12000 (entry grade for fresh recruits) 8000-13500 (on of four PB-2 (on of 4 years) 3.1.14 WP(C) No.116 /2013 Page 9 years)
III ACCOUNTS STAFF BELONGING TO UN-ORGANIZED ACCOUNTS CADRES The existing relativity between the accounts related posts outside organized accounts cadres and ministerial posts will be maintained and the accounts staff belonging to unorganized Accounts cadres shall be extended the corresponding replacement Pay Band and grade pay. 3.8.[5] IV ARTISTS
1 Posts of Canteen Staff in the pre-revised Group ‘D’ pay scales All the posts of canteen staff in Group ‘D’ will be placed in the revised Pay Band PB-1 along with grade pay of Rs. 1800 once the staff occupying these posts is suitably retrained and made multiskilled. 3.8.[7] VI DRAWING OFFICE STAFF
1 Firemen 2610-3540 3050-4590 PB-1 1900 3.8.12 2 Leading Fireman 3050-4590 3200-4900 PB-1 2000 3 Station Officer 4000-6000 4500-7000 PB-1 2800
8. Learned counsel for the respondent submitted that the findings of CAT are un-exceptionable. It was argued that the Pay Commission recommendations, to maintain a difference in the pay band of those working in Secretariat services as compared with those in non-Secretariat services was real and consequently, Coast Guard officials working above the post of WP(C) No.116 /2013 Page 10 Assistant, cannot claim parity of pay scales with similar level of officials in the Secretariat Services as a matter of right. It was emphasised that mere historical parity could not efface existing disparities, wherever they were found. The learned counsel submitted in this regard the Pay Commission was alive to all the circumstances and had taken into account representations of concerned parties as well as the existing Rules before recommending that those working in non-Secretariat Services should not be given parity with those working in the Secretariat services.
9. This Court has carefully considered the submissions. It is evident from the relevant extracts of the Pay Commission’s recommendations that even though the subsequent portion of its report (paragraphs 3.1.14 onwards) do mention that historical parity need not necessarily be protected yet the fact remains that the earlier portions i.e. para 3.1.9, which has been extracted previously in this judgment, - had specifically carved out the services such as the Coast Guard as exceptions and maintained the pre existing parity with members of the Central Secretariat services and those in the armed forces headquarters. That this recommendation was indeed acted upon and Rules were appropriately amended to preserve the parity recommended by the Pay Commission, is evident from the Recruitment WP(C) No.116 /2013 Page 11 Rules 2008, Extracts of the CSS (Revised Pay) Rules, 2008 - made effective from 1st January, 2006 - clause (v) along with table extracted earlier, lend force to the petitioner’s submission that in fact parity which existed has been preserved under the Rules. Such being the case, the respondent’s contention, which found favour in the impugned order, is unsupportable in law.
10. In addition to the above reasons, the Court also notices that the respondents position is further assailable by the fact that other non secretariat organisations such as Central Information Commission, Planning Commission, Central Reserve Police Force, Central Election Commission and the CAT itself had shown the readiness/willingness to provide for higher pay scales as has been sought for by the petitioners in this case. Indeed, similar officials, employees above the rank and status of ‘Assistant including Section Officers’ are not members of any Secretariat Services. In those organisations, the employees who do receive such higher pay (sought for by the petitioners here) are also equally members of non-secretariat services. The petitioners therefore cannot be discriminated. For this reason, the position taken by the respondent is found to be arbitrary.
11. In view of the above discussion, this Court is of the opinion that the WP(C) No.116 /2013 Page 12 impugned order of the CAT cannot be sustained and it is accordingly, set aside. The directions sought for by the petitioners in OA no.143/2004 are granted. The respondents are directed to make consequent orders of pay fixation and release the difference of pay and emoluments to the petitioners within six weeks from today. The writ petition is allowed in these terms. No order as to costs.
S. RAVINDRA BHAT, J
(JUDGE) NAJMI WAZIRI, J (JUDGE) SEPTEMBER 6, 2013 RN