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 inwards GP of Rs.4800/- earned nether MACP inwards sentiment of determination on review petition (civil) no. 2512 of 2018 inwards civil appeal no. 8883 of 2011 amongst review (c) no. 2519 of 2018 inwards SLP (C) No. 17576/2017. .
Respected Sir,
Your form attending is invited towards Postal Officer Association’s missive of the alphabet dated 18-2-2018 (copy enclosed every bit Annex-I) requesting your form accolade to grant GP of Rs. 5400/- on completion of Rs.4800/- earned nether MACP. The Association inwards the inwards a higher house missive of the alphabet has farther requested directorate that determination made yesteryear the Hon’ble Supreme courtroom of Republic of Republic of India is required to last implemented to like placed Group “B” officeholder of the Department of Post.
With profound regards, the affair is, ane time once again summarized to your form accolade amongst due deference that every bit 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. volition last granted Grade Pay of Rs, 5,400/- inwards PB-2 on non – functional footing subsequently 4 years of regular service inwards the flat pay of Rs,4,800/- inwards PB-2”. As per this clause all the grouping “B” officers of Department of post, Revenue etc volition last granted flat pay of Rs. 5,400/- inwards PB- two on non functional footing subsequently 4 years of regular service inwards the flat pay of the 4800 inwards PB-2.
In this regards diverse Tribunals, High Courts together with fifty-fifty Apex Court had already ruled inwards favour of the employee to the number that if an officeholder has completed 4 years on 01.01.2006 or earlier, he volition last given the non-functional up-gradation amongst number from 01.01.2006 together with “if the officeholder completes 4 twelvemonth on a appointment subsequently 01.01.2006, he volition last given non-functional up-gradation from such appointment on which he completes 4 twelvemonth inwards the pay scale of Rs.7,500-12,000 (pre-revised), since the petitioner admittedly completed 4 twelvemonth stream inwards the pay scale of Rs.7500-12000 every bit on 01.01.2008, he is entitled to flat pay of Rs.5400/-. In fact, the Government of India, having accepted the recommendations of the sixth Pay Commission, issued a resolution dated 29.08.2008 granting flat pay of Rs.5400/- to the Group-B Officers inwards Pay Band two on non-functional footing subsequently 4 years of regular service inwards the flat pay of Rs.4800/- inwards pay band-2. Therefore, denial of the same create goodness to the petitioner based on the clarification issued yesteryear the Under Secretary to the Government was opposite to the inwards a higher house said clarification together with without amending the rules of the revised pay scale, such determination cannot last taken. Therefore, nosotros are inclined to interfere amongst the lodge of the Tribunal”.
It is apparent that our representative was referred to DO P&T which was reverted dorsum amongst the direction to challenge orders of Hon’ble CAT bench at appropriate level. This was done so, every bit MOF has already taken determination to file review petition inwards civil appeal no. 8883 of 2011 amongst review (c) no. 2519 of 2018 inwards SLP (C) No. 17576/2017. However the inwards a higher house said review petitions cause got straight off been dismissed inwards Hon’ble Supreme Court, both on the ground of delay every bit good every bit merits inwards a Review Petition (civil) No.2512 of 2018 (copy enclosed every bit Annex- II).
It is ane time once again requested that inwards the lite of submissions explained herewith together with inwards sentiment of Hon’ble Supreme courtroom orders to implement civil appeal no. 8883 of 2011, it is nearly humbly prayed that orders to allow the create goodness for grant of GP of Rs. 5400/- to those officers who had got the GP of Rs.4800/- on up-gradation nether MACP may kindly last issued. This volition come across the cease 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 convey to your form notice the next provisions requiring in-depth analysis, favouring for grant of GP of Rs. 5400/- to those entire IP cadre officials, subsequently immediate completion of their regular service inwards GP of Rs.4800/- earned nether MACP. It is hoped that these would for certain honor inwards business together with would last taken into consideration before arriving at a only together with favourable decision. This representation is preferred upon a judicial pronouncement yesteryear the Hon’ble Madras High Court inwards Writ Petition No.13225/2010 M. Subramaniam v. Union of Republic of Republic of India together with others, decided on 06.09.2010 together with also an lodge passed yesteryear the Principal Bench inwards 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. volition last granted Grade Pay of Rs, 5,400/- inwards PB-2 on non – functional footing subsequently 4 years of regular service inwards the flat pay of Rs,4,800/- inwards PB-2”. As per this clause all the grouping “B” officers of Department of post, Revenue etc volition last granted flat pay of Rs. 5,400/- inwards PB- two on non functional footing subsequently 4 years of regular service inwards the flat pay of the 4800 inwards PB-2.
Further, every bit per Para nine 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 start from the appointment of joining of a post service inwards straight entry flat on a regular footing either on straight recruitment footing or on absorption / re-employment basis…...past continuous regular service inwards to a greater extent than or less other Government Department inwards a post service carrying same flat pay prior to regular appointment inwards a novel Department, without a break, shall also last counted towards qualifying regular service for the purpose of MACPS….’’.As per Para two of DoP&T OM No 5034/3/2008-Estt(D)(Vol.II) dated 01.11.2010: “….financial upgradation nether the MACPS shall last allowed inwards the immediate side yesteryear side higher flat pay inwards the hierarchy of revised pay bands every bit given inwards CCS (Revised Pay) Rules, 2008”.
The 1st schedule of CCS(RP) Rules, 2008 every bit mentioned inwards Rule three & 4 above, pay band & flat pay on the pay scale every bit applicable for every post/grade shall last specified. Para 7.6.14 of the written report of Pay committee would larn inwards clear that a Group “B” officeholder inwards PB-2 amongst a Grade pay of Rs. 4800/- volition larn the Grade Pay of Rs. 5400/- subsequently completing 4 years of regular service on non – functional basis. The enhancement of flat pay is non subject on the post, but on regular service of 4 years inwards Grade Pay of Rs. 4,800/- inwards PB-2 (Rs.7,500- 12000 pre-revised).
In this context, it is pertinent to cite hither that every bit per GOI resolution 1/1/2008 IC dated 29.8.08 does non brand a categorization inside Group B cadres viz ASP/ Supdt. inwards Departments of Post for the purpose of grant of Grade Pay of Rs 5400/- every bit both cadre are inwards Group B together with enjoying gazetted status. In damage of MACP system notified yesteryear the DoPT vide OM No 35034/1/97- Estt(D) dated 9.8.1999, the fiscal up-gradation nether the system should last granted to the pay scale of the side yesteryear side hierarchical cadre.
It is non out of house to cite hither that on apparently 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 officeholder on assuming higher responsibleness should last fixed nether FR 22 1(a) 1 inwards the same GP treating regular service on advertisement inwards the relevant GP or fiscal upgradation nether MACP or otherwise should last considered a regular service inwards that GP. Two assort interpretations on ane number are bad inwards the eyes of police together with are considered mischievous, far-fetched, hyper technical together with illegal.
Similar affair had come upward up for determination before the Hon’ble Central Administrative Tribunal Madras Bench. The said tribunal had ruled inwards favour of the employee to the number that if an officeholder has completed 4 years on 01.01.2006 or earlier, he volition last given the non-functional upgradation amongst number from 01.01.2006 together with “if the officeholder completes 4 twelvemonth on a appointment subsequently 01.01.2006, he volition last given non-functional upgradation from such appointment on which he completes 4 twelvemonth inwards the pay scale of Rs.7,500-12,000 (pre-revised), since the petitioner admittedly completed 4 twelvemonth stream inwards the pay scale of Rs.7500-12000 every bit on 01.01.2008, he is entitled to flat pay of Rs.5400/-. In fact, the Government of India, having accepted the recommendations of the sixth Pay Commission, issued a resolution dated 29.08.2008 granting flat pay of Rs.5400/- to the Group-B Officers inwards Pay Band two on non-functional footing subsequently 4 years of regular service inwards the flat pay of Rs.4800/- inwards pay band-2. Therefore, denial of the same create goodness to the petitioner based on the clarification issued yesteryear the Under Secretary to the Government was opposite to the inwards a higher house said clarification together with without amending the rules of the revised pay scale, such determination cannot last taken. Therefore, nosotros are inclined to interfere amongst the lodge of the Tribunal”.
The said determination was challenged yesteryear the revenue subdivision before the Hon’ble High courtroom of Madras. The challenge made yesteryear the subdivision had been rejected yesteryear the said courtroom important thereby the CAT orders stood affirmed. The sentence passed yesteryear the Hon’ble High courtroom of Madras was challenged before the Hon’ble Supreme Court of Republic of Republic of India together with challenge together with then made stood rejected fifty-fifty yesteryear the Hon’ble Apex court. As such orders passed yesteryear CAT bench give-up the ghost applicable to all like placed officers existence the SLP rejected yesteryear Hon’ble Apex courtroom together with then should last applicable to the officeholder of DOP also.
It is pertinent to cite hither that inwards like placed applicant other benches of CAT upheld the determination of Hon’ble High Court of Madras together with passed orders “Considering the reasoning given yesteryear the Hon’ble Madras High Court, nosotros declare the activity of the respondents inwards non granting the flat pay of Rs.5400/- to the applicants on completion of 4 years service inwards flat pay of Rs.4800 every bit illegal together with unjustified”.
Recently Ministry of Information together with Broadcasting vide missive of the alphabet no F. No.515/63/2016-BA(E) subsequently having blessing of Department of Expenditure, MOF every bit conveyed vide UO NO. 22(4)/E.III.B dated 10.11.2017 extended create goodness of Grade pay of Rs. 5400/- inwards PB-II on non functional footing subsequently 4 years of regular service inwards the flat pay of Rs.4800/- inwards PB-II to all like placed officers inwards their department. Whereas, PS Group B officeholder of DOP are to a greater extent than analogous than AEs of Ministry of Information Broadcasting every bit inwards 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 lite of inwards a higher house submissions, it is nearly humbly prayed that of GP of Rs. 5400/- to those entire IP cadre officials, subsequently immediate completion of their regular service inwards GP of Rs.4800/- earned nether MACP.
With profound regards.
Yours Sincerely
(R.N.Yadav)
