OA No. 289/13 filed by CHQ adjourned to 8/8/2013 before the Registers Court. The brief of reply filed by DOP is as under:
None of the grounds raised by the applicant is tenable in the eyes of law or on facts. It is respectfully submitted at the risk of repetition that in compliance with the directions of this Hon’ble Tribunal contained in Annexure A-19 order, the issue was taken up with the Nodal Ministry, Department of Expenditure to have a re-look at the level of Secretary. The matter was examined in the Nodal Ministry and it was not agreed for the up gradation of the Grade Pay of the Inspector (Posts) on par with that of the Inspectors of Income Tax CBDT and CBCE citing the following reasons:
(a) Inspector Posts were in the Pay Scale of Rs.5500-9000 prior to 6th CPC. However, the 6th CPC in para 7.6.14 recommended, inter-alia,”……. The Commission is recommending the merger of pre-revised pay scale of Rs.5500-9000 and Rs.6500-10500 which will automatically bring Inspector Posts on par with Assistants in CSS/Inspector and analogous posts in CBDT/CBEC…..”. Therefore, Inspector Posts have eventually come at par with Assistant CSS/Inspector CBDT/CBEC consequent on merger of pre-revised pay scalee of Rs. 5000-8000, 5500-9000 and 6500-10500. As such, there was no specific recommendation in para 7.6.4 to the effect that Inspector Posts are granted pre-revised pay scale of Rs. 6500-10500. Therefore, Inspector Posts have been granted normal replacement as per Part A of CCS(RP) Rules, 2008 and are rightly placed in the scale of Rs. 9300-34800 in PB-2 with Grade Pay of Rs. 4200/-. It is submitted that initially, as per recommendations of the 6th CPC in para 3.1.14, Inspector of CBDT/CBEC were also placed in the scale of Rs. 9300- 34800 in PB-2 with Grade Pay of RS. 4200/-. Subsequently, by virtue of being in the pre-revised pay scale of Rs. 6500-10500 as on 01-01-2006, they have been covered by Annexure A-8 OM dated 13-11-2009 and were placed in the pay of Rs. 9300-34800 with Grade Pay OF Rs. 4600/- corresponding scale of Rs. 7450-11500/-.
(b) Inspectors in CBEC/CBDT were placed in the scale of Rs. 6500-10500 with effect from 21-04-2004 ie, prior to 6th CPC by an executive order of the Government keeping in view their parity with Inspectors of CBI/IB and directions of the Hon’ble CAT, Jabalpur Bench. Further, Assistants of CCS have also been granted the pay scale of Rs. 6500-10500 with effect from 15-09-2006 on the basis of their traditional parity with Inspectors CBEC/CBDT.
(c) Subsequently, Assistants of CCS were placed in the scale of Rs. 9300-34800 with Grade Pay of RS. 4600/- corresponding scale of Rs. 7450-11500/- vide Annexure A-10 OM dated 16-11-2009. The Grade Pay of RS. 4600/- has been extended to only four Head Quarter services ie, Central Secretariat Service (CSS), Armed Forces Headquarters Service (AFHQ), Indian Foreign Service ‘B” IFS (B) & Railway Board Secretariat Service (RBSS) and their counterpart Stenographer Services. Therefore, it was a conscious decision of the Government to keep Assistants in CSS/Inspector and analogous posts in CBDT/CBEC in the higher pre-revised scale ie, Rs. 7450-11500/- considering their pre-revising relativities, hierarchical structure, mode of recruitment etc. The mode of recruitment was not the only criteria as contended by the applicants in the OA. In various cases, the
Apex Court also opined that wholesale identity between two groups would involve matters relating to nature of work, educational qualification, mode of appointment, experience etc.
(d) It is pertinent to mention here that the Annexure A-8 & A-10 OMs came into existence as a result of demand from various quarters of Government seeking up gradation for pre-revised scale of RS. 6500-10500 due to functional requirement. However, hierarchical structure of Inspector Posts does not demand such functional requirement, as post of ASP in the scale of pay of Rs. 9300-34800 wityh Grade Pay of Rs. 4600 in PB-2 corresponding to pre-revised scale of Rs. 7450-11500 still exists, even after implementation of 6th CPC recommendations.
(e) That the 6th CPC vide para 7.6.14 considered the demand for the scale of Rs. 6500-10500 at par with Inspector CBDT/CBEC and Assistants of CCS. Since Inspector Posts have come in the Pay Scale of Rs. 9300-34800 with Grade Pay of Rs. 4200/- in PB-2, corresponding to pre-revised scale of Rs. 6500-10500, the hierarchical posts in their cadre ie, ASP and SP had to be placed in the Grade Pay of Rs. 4600/- and Rs. 4800/- respectively to maintain the relativity in the cadre. Moreover, the scale of other similarly placed posts ie, Assistant Manager and Manager in Mail Motor Service were also placed in the Grade Pay of Rs. 4600/- and Rs. 4800/- respectively. In case the demand of Inspectors Posts for the Grade Pay of Rs. 4600/- is accepted, it will have cascading effect involving huge financial implications. Also, the demand for up gradation from similarly placed posts in Mail Motor Service etc will arise immediately.
(f) The duties and responsibilities of Inspector, CBDT/CBEC relates to enquiry and survey, assessment, tax evasion, petitions, prosecutions, TDS, tax recovery, prosecution before Tribunals/Courts, investigations etc. The Assistants of CSS performs the duties relating to parliament matters/cabinet matters, service matters, formulation/review/monitoring of national policy/programs on various subjects, assistance to executives, legislatures in the smooth functioning of the Government etc. Therefore, the duties and responsibilities assigned to the Assistants CSS and Inspector, CBDT/CBEC are quite different from that of Inspector (Posts). There is no comparison between Assistants CSS& Inspector CBEC/CBDT and Inspector (Posts). They are performing different duties in their respective cadres.
It is submitted that the issue was examined by the Secretary (Finance) and the proposal for up gradation of the Grade Pay of the Inspector (Posts) on par with that of the Inspectors of Income Tax CBDT and CBCE was rejected by the Nodal Ministry citing the above mentioned reasons. The decision of the Ministry of Finance was communicated under the signature of the Under Secretary and the same was communicated to the applicants by the office of the 3rd respondent.
Under the above circumstances, it is humbly prayed that the Applicants’ prayers in the Original Application are devoid of any merit and the Applicants are not entitled to get any of the reliefs sought for in the Original Application and the Original Application is liable to be dismissed with cost to the Respondents.