Tuesday, September 7, 2010

Introduction of a new Service Discharge Benefit Scheme (SDBS) for the GraminDak Sevaks working in the Department of Posts.

Introduction of a New Service Discharge Benefit Scheme (SDBS) for the Gramin Dak Sevaks working in the Department of Posts.

No.6-11/2009-PE-II
Government of India
Ministry of Communications & IT
Department of Posts
(Establishment Division)
Dak Bhawan, Parliament Street
New Delhi-110001
1st September 2010


All Chief Postmaster General
Postmaster General
General Manager (Finance)
Directors of Accounts (Postal)

Sub: Introduction of a new Service Discharge Benefit Scheme (SDBS) for the GraminDak Sevaks working in the Department of Posts.

Sir/Madam,

You may be aware that the Pension Fund Regulatory & Development Authority (PFRDA) has launched a New Pension Scheme called NPS-Lite for the benefit of Common man and workers in unorganized sectors. Using the same platform of NPS-Lite, a proposal for introduction of Service Discharge Benefit Scheme (SDBS) for the benefit of the Gramin Dak Sevaks (GDS), working in this Department, on monthly contribution basis (from Department's side only) has been under examination and consideration in this Department for quite some time. The Proposal has been approved by the Government for introducing Service Discharge Benefit Scheme (SDBS) for the Gramin Dak Sevaks in the Department of Posts, throughout the country. This scheme will, however, be offered in lieu of the existing Severance Amount scheme on an optional basis for the existing Gramin Dak Sevaks while it will be mandatory for the new Gramin Dak Sevaks entering into the service with effect from 1-1-2011. The existing scheme of payment of Ex-gratia Gratuity to the Gramin Dak Sevaks shall, however continue of the existing terms and conditions without any change,

2. The salient features of the proposed Service Discharge Benefit Scheme (SDBS)
are as under:

ELIGIBILITY TO JOIN THE SDB SCHEME


All regularly appointed Gramin Dak Sevaks, who have been selected after due process in accordance with the Service & Employment Rules and after rendering one year's satisfactory service, are eligible to join the scheme. The existing Gramin Dak Sevaks who are left with three years or less service as on 01-01-2011, shall not be eligible to join the Service Discharge Benefit Scheme (SDBS).

OPTION FOR THE EXISTING INCUMBENTS
The existing regularly appointed Gramin Dak Sevaks on the date of notification of the Service Discharge Benefit Scheme (SDBS), shall have option either to switch over to the new Service Discharge Benefit Scheme (SDBS) or to continue in the existing Severance Amount Scheme. In case they opt to join the Service Discharge Benefit Scheme (SDBS), the Severance amount accrued till the date of their joining, @ Rs.1500 for every completed year of service till their enrolment will be added to the accumulated contributions at the time of discharge for annuitization.

NEW ENTRANTS


The New Gramin Dak Sevaks, appointed on or after the date of introduction of the Service Discharge Benefit Scheme (SDBS), shall mandatorily have to get themselves enrolled under the new Scheme (SDBS). The will not be entitled to receive the benefit of severance amount.

CONTRIBUTION


Only the Government shall contribute @ Rs.200 per month for each enrolled Gramin Dak Sevak. The Gramin Dak Sevaks shall not be required to make any contribution from their side under the scheme. The contributions made by the Department shall be credited to the Trustee Bank designated by the Pension Fund Regulatory & Development Authority (PFRDA) and invested through Pension Fund Managers(PFMs) designated by the PFRDA.

However, no such contribution/subscription shall be made by the Department in respect of the Gramin Dak Sevaks, who are placed 'Put off" duty or unauthorizedly absent. Similarly, the provisionally appointed Gramin Dak Sevaks or substitutes engaged for leave periods of the regular GDS, etc., are also not eligible for joining the Service Discharge Benefit Scheme (SDBS).
ON APPOINTMENT/ABSORPTION OF A GRAMIN DAK IN A REGULAR DEPARTMENTAL POST
The Gramin Dak Sevaks, who are enrolled under this Service Discharge Benefit Scheme(SDBS), on their absorption/appointment in the Department against any regular Departmental posts, shall have to quit the Service Discharge Benefit Scheme (SDBS) and to seek transfer of the accrued accumulations under the SDBS till their date of absorption/regular appointment to a Departmental posts, to their new account under the New Pension Scheme for Departmental employees, already in existence, for which he/she shall become eligible on such regular appointment to a Departmental post. Such transferred funds/accumulations shall then be regulated / invested under the New Pension Scheme.
NODAL AGENCY
The pension Fund Regulatory Development Authority (PFRDA) is the Nodal Agency and Central Record Keeping Agency (CRA) appointed by the PFRDA will maintain the data/records as well as upload/transmit the data to the Trustee Bank and also advise the Trustee Bank to transfer the funds to the relevant Pension Fund Manager (PFM) for investment purposes.
ENROLMENT AND ASSIGNING PERMANENT RETIREMENT ACCOUNT NUMBER (PRAN)
(iii) The Gramin Dak Sevaks opting to come under the new
Service Discharge Benefit Scheme (SDBS), shall have to submit an application in the prescribed proforma for their enrolment in the Service Discharge Benefit Scheme (SDBS). Such applications for enrolment will be sent to the Postal Divisional Office concerned by the Sub Divisional Inspector/ASPOs., duly attested and verified as required.

(ii) The Divisional Heads (Director / Sr./Supdt. of Post offices
will collect all such applications, and ensure that the applications are complete in all respects and forward them to the Central Record Keeping Agency's (CRA) Facilitation Centers for enrollment and issue of digitized card containing inter alia Permanent Retirement Account Number (PRAN) for Gramin Dak Sevak concerned. The list of Facilitation Centres of Central Record Keeping Agency (CRA) is attached, to which the Applications of Gramin Dak Sevaks who opt to join the Service Discharge Benefit Scheme (SDBS), are to be sent,

(iii) The Gramin Dak Sevaks opting for enrollment under the new SDBS, shall also be requited to open a Savings Bank Account in the concerned Post Office and the particulars of such SB Account shall be furnished in the relevant columns of the application form by the GDS.


EXIT FROM THE SERVICE DISCHARGE BENEFIT SCHEME(SDBS)
(i) A Gramin Dak Sevak, if he so wishes to exit at any point
of time after attaining the age of 58 years, he can withdraw 20% of the accumulations and has to invest the 80% of accumulations for purchase of Life Annuity from any of the Life Insurance Company authorised by Insurance Regulatory & Development Authority (IRDA) The Department shall not make further contributions once he exits from Service Discharge Benefit Scheme (SDBS)

(ii) At the time of discharge from service also, the Gramin
Dak Sevak would be required to invest a minimum of 40% of accumulations to purchase a Life Annuity from any of the authorised Life Insurance Company duly approved by the Insurance Regulatory & Development Authority (IRDA). The remaining amount i.e. 60% of the accumulations can be withdrawn.
(iii) However there shall be no restriction on purchase of life
annuity exceeding 40% of their accumulations in the fund. In other words, the Gramin Dak Sevak, discharged on completion of his services may invest in the Life Annuity even more than the minimum required 40% if he/she so desires.


DISMISSAL/FEMOVAL FROM SERVICE
If a Gramin Dak Sevak enrolled as a member of Service Discharge Benefit Scheme (SDBS) is removed/ dismissed from service in consequence of a disciplinary proceeding, he forfeits his past service and benefits of the Service Discharge Benefit Scheme (SDBS). On the other hand, the Department reserves the right to claim refund of the contributions made in respect of such Gramin Dak Sevak till his date of dismissal/ removal and to credit it to the Government accounts. He will also be not entitled to receive the Severance Amount and Ex-Gratia Gratuity if otherwise were admissible to him/her.
CHARGES FOR DIGITIZATION AND ANNUAL SERVICING CHARGES
The Department will bear the cost of preparation of digitized cards and also Annual Service Charges of the accounts of enrolled Gramin Dak Sevaks in the Service Discharge Benefit Scheme (SDBS).

3. The following course of action is required to be taken before launching and notifying the scheme.
Step-1
1)Obtaining options from the existing Gramin Dak Sevaks. Those who have opt to join the Service Discharge Benefit Scheme (SDBS), they have to submit on application form for registration (NL SL). The Divisional Heads (Sr./Superintendent of Post Offices) will circulate the scheme amongst all the regularly appointed Gramin Dak Sevaks and obtain options in the prescribed format and also applications from those who opt to join the Service Discharge Benefit Scheme (SDBS). The Sub-Divisional Inspectors and Assistant Superintendent of Post Offices have to be made responsible for disseminating the information and also helping the Gramin Dak Sevaks in filling the option form and also the application for registration.
1) For the Gramin Dak Sevaks Mailman working in RMS units, they will be attached to the designated Postal Division for purposes of collection centers. The concerned Divisional Heads of RMS units shall obtain the Applications from the opted GDS Mailman and forward them to the designated Postal Unit for consolidation and for onward submission to the Central Record Keeping Agency (CRA) Facilitation Centre.

2) The options of Gramin Dak Sevaks who do not intend to join the Service Discharge Benefit Scheme (SBDS) have to be filed separately in a Guard File at Divisional Offices for reference at the time of discharge/ death for payment of severance amount.

3) The Divisional Heads (Director / Sr./Superintendent of Post Offices) have also to obtain applications in prescribed format from the new entrants of Gramin Dak Sevaks who have been recruited on or after the date of introduction of Service Discharge Benefit Scheme (SDBS) (after rendering one year service) and send the same to the concerned Central Record Keeping Agency (CRA) after due verification of Customer details for Registration and issue of digitized card.


Step-2
All the Postal Divisional offices (Senior Superintendent of Post offices) are required to enroll as Collection Centres (NLCC) and every Postal Division has to submit an application form in the format (NL N3) for registration with Central Record Keeping Agency (CRA) of Pension Fund Regulatory & Development Authority (PFRDA). These applications for registration have to be sent to concerned Director of Accounts (Postal) (designated accounting authority) for attestation by 15.09.2010
Step-3
All the Directors of Accounts (Postal) are designated as Accounting Authorities and Aggregator Offices. They have to register as Aggregator Offices (NLAO) by submitting an application in the prescribed form (NL N2). This application form (NL N2) along with applications of Collecting Centres (NLCC) received from Divisional Heads (Senior Superintendent of Post offices) after due attestation have to be submitted to Directorate by 25-09-2010
Step-4
The Postal Directorate will be the Overseeing office and it will register with Central Record Keeping Agency (CRA) by submitting an application in form (NLOO). The applications of Collection Centres (NLCC) and Accounts Offices (NLAO) shall be consolidated and sent to Central Record Keeping Agency (CRA) by the Directorate for purpose of registration.

4. The salient features of the Service Discharge Benefit Scheme (SDBS) as detailed above along with specimen format of application (NL SL) and Collection Centers (NLCC) should be sent to all the Divisional Heads (Sr./ Superintendent of Post Offices) for circulation amongst the Gramin Dak Sevaks working in their Divisions and directing them to submit an option on or before 30.09.2010. Option format is enclosed.

5. If the Gramin Dak Sevaks fail to submit their options by the prescribed date, they will be deemed to have opted to continue in the existing Severance Amount scheme. Option exercised once shall be final and cannot be revised at any later date. For the Gramin Dak Sevaks mailman working in the RMS units, the option will be obtained from them by the concerned Divisional Head (Director / Sr./ Superintendent of RMS) and send the applications in NLSL format after due authorization to the designated Postal Division.

6. The Gramin Dak Sevaks who opt for the Service Discharge Benefit Scheme (SDBS) have to submit their applications in the format NL SL filling the same and submit to Divisional Superintendent of Post Offices for verification of the customer details and for authentication and certification. The Gramin Dak Sevaks opt to join the Service Discharge Benefit Scheme(SDBS) will have to open a Savings Bank Account in the concerned Post Office and the particulars of the Account Number have to be mentioned in the respective columns of application. The applications received from the Gramin Dak Sevaks have to be sent to concerned Central Record Keeping Agency (CRA) Facilitation Centers for registration, assigning and generation of Permanent Retirement Account Number (PRAN) and issue of digitized cards to the enrolled Gramin Dak Sevak subscribers. The list of Facilitation Centres of Central Record Keeping Agency (CRA) duly mapped Division-wise to which the applications are to be sent for each Circle is enclosed. It should be ensured that, the applications are properly verified and sent in bundles to the designated Central Record Keeping Agency (CRA) facilitation centre. Each bundle has to contain 50 applications with an inventory indicating the name of Gramin Dak Sevaks, designation etc.

7. Before launching the Service Discharge Benefit Scheme (SDBS) and issuing formal notification by the Directorate, all the Divisional Heads (Director /Sr./Superintendent of Post offices) will designate a Nodal Officer for this purpose for obtaining options and collection of applications in format NL SL and for registration of Collection Centers (Divisional Office).
8. The following documents are enclosed:
1) Options format to be obtained from Gramin Dak Sevaks
2) Subscriber's registration form (NL S1)
3) Collection Centers Registration Form (NLN3)
4) Account Offices Registration Form (NLN2)
5) List of Facilitation centres of Central Record Keeping Agency (CRA) for sending filled in application forms by Divisions.

9. Time Schedule for completion of the process prescribed is as below:
Sl.No.
Course of action
Time Schedule by which action to be completed.
1. Collection of Options from Gramin Dak Sevaks & Obtaining applications from willing Gramin Dak Sevaks to join Service Discharge Benefit Scheme(SDBS)
30-09-2010
2. Despatch of Applications obtained from Gramin Dak Sevaks to the concerned facilitation centres of Central Record Keeping Agency (CRA) by the Divisional offices.
10-10-2010
3. Dispatch of Application form NL-CC by Divisional heads to concerned DA(P)
15-09-2010
4. Despatch of completed and authorised NL-CC Application and NL-AO applications to Directorate by DAP
25-09-2010

10. The Circle Office will also designate a Nodal officer for overseeing the above activity and for interacting with the Directorate. After the expiry of last date fixed for obtaining applications, the Circle office will collect the information from the respective divisions and forward the compliance report in the following format to reach Directorate by 10-10-2010.
Sl.No.
Name of Division
No. of Gramin Dak Sevks opted for joining the Service Discharge Benefit Scheme(SDBS)
No. of Gramin Dak Sevaks opted for continuing in the severance amount scheme.
No. of Gramin Dak Sevaks who have not submitted options but deemed to have opted to continue in the severance amount scheme.

11. The General managers(FA)/Director of Accounts Posts will be also designate a Nodal officer for obtaining the applications from the postal divisions (Collection centre) and for forwarding the applications after due outhorization along with the application of DAP in form NL—AO to Directorate by 25-09-2010 positively.

12. The formal notification for introducing Service Discharge Benefit (SDBS) Operating and accounts Procedure will be issued separately. The contributions for opted Gramin Dak Sevaks will be done only after issue of formal Notification and issue of instructions from Directorate.

13. The receipt of this letter may kindly be acknowledged to the ADG (Establishment).


Yours faithfully,
(A.K. Sharma)
Dy. Director General (Estt)

Monday, September 6, 2010

GDS - Service Discharge Benefit Scheme

The department released orders on 01.09.10 on discharge benefits scheme which is in lieu of pensionary benefits and the existing severance amount scheme. This scheme is optional for the existing GDS employees and compulsory for those entering into service from 1.1.2011.The GDS who are left with only three years or less service shall not be eligible.

For opted to new scheme, the severance amount @ Rs.1500 per annum for every completed years of service will be added to the accumulated contributions at the time of discharge for annuitization.

Govt shall contribute Rs200/- and no recovery from GDS. The contributions shall be credited to the Trustee bank designated by the PFRDA.
Not eligible during Put off periods, Provisional appointments and substitutes.
On promotion, the accumulations shall be transferred under New Pension Scheme.

On attaining the age of 58,the GDS can withdraw 20% of the accumulations.
At the time of discharge 60% will be paid. 40% shall be invested for purchase a Life Annuity from Insurance Company.
On removal & dismissal no amount will be paid.
Option should be given before 30.9.2010. The full text of the orders scanned for every ones notice.

Friday, September 3, 2010

Rejoinder in the OA No. 381/10 has been filed

Rejoinder in the OA 381/10 has been filed. All the issues raised by the Respondents in the reply statement have been suitably defended in the Rejoinder. Extract of Some main issues are given below:

Issue No.1 The Inspector Posts were not in the Pre-revised pay scale of Rs.6500-10500, hence they are not entitled for the benefit under OM dated 13.11.2009 issued by MOF.

It is clear from Paragraph 7.6.14 of 6th Central Pay Commission Report that Inspector Posts was upgraded in the pre-revised pay scale of Rs.6500-10500 on par with Inspectors and analogous posts in CBDT/CBEC as well as Assistants of Central Secretariat Service (CSS) with effect from 01-01-2006. Due to this upgradation only the pay scale of ASPOs was upgraded to the next higher pay scale of Rs.7450-11500. The contention of the respondents that Inspector Posts was upgraded in the pre-revised pay scale of Rs.6500-10500 only notionally with effect from 01-01-2006 and therefore, they cannot be treated alike with the comparable posts in CBDT/CBEC is untenable. It is pertinent to point out that the 6th Central Pay Commission found parity among Inspector Posts, Inspectors in CBDT/CBEC and Assistants in CSS and to effectuate this parity, the pay scale of Inspector Posts was upgraded with effect from 01-01-2006. Hence, any upgradation of pay scale or Grade Pay granted to Inspectors in CBDT/CBEC and Assistants in CSS is equally applicable to the Inspector Posts and the incumbents in the post of Inspector Posts alone cannot be discriminated in the matter of revision of Grade Pay. The averments to the contrary are emphatically denied.

Issue No.2 Inspector Posts are not comparable to the Inspectors in CBDT/CBEC and Assistants in CSS AND only Group B Post in Dept. of posts are comparable to the Group B posts in CSS/CBDT/CBEC. There is hierarchical problem due to intermediatory post of ASPOs in Dept. of Posts, unlike in CSS/CBDT/CBEC and if the Inspector Posts are given Grade Pay of Rs.4600, it will disturb the entire hierarchical structure of Inspector Posts and its promotional cadre both within the Departmental hierarchy and horizontal relativity outside the Department

The pay scales recommended by the 5th Central Pay Commission and 6th Central Pay Commission and accepted by the Government for the following categories are given below :

Pay scale recommended by the 5th CPC
and accepted by the Govt.
Pay scale recommended by the 6th CPC and accepted by the Govt.
1 Assistants in CSS and Inspectors in CBDT/CBEC Rs.5500-9000 9300-34800with GP Rs.4200
2 Inspector Posts Rs.5500-9000 9300-34800with GP Rs.4200
3 CentralExcise/Customs Superintendent,
Income Tax Officer Rs.6500-10500 9300-34800with GP Rs.4800
4 Section Officer in CSS Rs.6500-10500 9300-34800with GP Rs.4800
5 Assistant Supdt. Of Posts Rs.6500-10500 9300-34800with GP Rs.4600
6 Supdt. of Post Offices Rs.7500-12000 9300-34800with GP Rs.4800

It is evident from the above table that same pay scale/ Grade pay was granted by both 5th Central Pay Commission and 6th Central Pay Commission for Inspector Posts in comparison with Assistants in CSS and Inspectors in CBDT/CBEC. The Inspector (Posts) and other analogous posts in CBDT/CBEC and Assistsnts in CSS were enjoying the same scale of pay of Rs. 9300-34800 with Grade of Rs. 4200/- with effect from 01-01-2006 and were continued to draw the same scale of pay and grade pay as on the date of issuance of Annexure A-9 O.M. Dated 13-11-2009 and Annexure A-11 O.M dated 16-11-2009 granting the upgraded Grade Pay of Rs. 4600/- to the Inspectors of CBDT/CBEC and Assistants in the Central Secretariat respectively. Therefore, the persons like the applicants are subjected to hostile dicrimination in denying the grade pay of Rs. 4600/-
Department of Post made a proposal to the Ministry of Finance recommending to extend the benefit of Annexure A-9 O.M dated 13-11-2009 and A-11 O.M. Dated 16-11-2009 and to grant the Grade Pay of Rs. 4600/- to the Inspector (Posts) to maintain parity between similar cadres. In the above proposal the Department had categorically stated that the pay of Inspector (Post) was upgraded to Rs. 6500-10500 with effect from 01-01-2006 and the parity agreed to in the pay scales of Inspector (Post) with Assistants (CSS) and Inspectors CBDT/CBEC has not been recognised and given effect to while issuing Annexure A-9 and A-11. Therefore, it is evident that there is discrimination in the matter of grating Grade Pay to the Inspector (Post). However, the Ministry of Finance did not approve the proposal and returned the same. The reason for non-granting of Grade Pay of Rs. 4600/- to the Inspector (Post) alone by the Ministry of Finance is on three grounds. Firstly, prior to 01-01-2006 the Inspector (Post) was in the scale of Rs. 5500-9000 and secondly, the hierarchical structure in respect of Inspector (Post) is not comparable with the analogous posts in CBDT/CBEC. Thirdly, the 6th CPC specifically recommended the Grade Pay of Rs. 4200/- to the Inspector Posts. All the three reasons shown are entirely untenable. It is submitted that the pay scales of Inspector in CBDT/CBEC was upgraded from Rs.5500-9000 to Rs.6500-10500 as per Annexure A-5 dated 21-04-2004 and on the basis of Annexure A-5, the pay scale of Assistants in CSS was upgraded in September, 2006 as per Annexure A-6. As earlier stated the scale of pay of Inspector (Post) and other analogous posts were same i.e. Rs. 6500-10500 as on 01-01-2006 and the revised pay scales also were granted to them with effect from 01-01-2006 in the scale of pay of Rs. 9300-34800 with Grade Pay of Rs. 4200/- The 6th Central Pay Commission recommended only Rs. 4200/- as Grade Pay to the post of Inspector CBDT/CBCE and other analogous post. However, the Inspector in CBDT/CBCE and Assistants in Central Secretariat were granted the Grade Pay of Rs. 4600/- with effect from 01-01-2006 as per Annexure A-9 and A-11 respectively. Therefore, the Inspector (Post) is entitled for equal treatment as that of the Inspectors in CBDT/CBCE and Assistants in CSS.
It is submitted that hierarchical structure is not at all a criteria for granting Grade Pay. As stated earlier in different department different hierarchical structure is adopted and the comparable posts are enjoying similar benefits. The averments to the effect that only Group B Posts in Department of Post are comparable to those of Group B posts in CSS/CBDT/CBEC is totally unsustainable for the reason that the comparable posts of Inspector (Post) is Inspectors in CBDT/CBEC and Assistants in Central Secretariat Service. The details of pay scale and Grade Pay recommended by 5th and 6th Central Pay Commission and accepted by the Government shown in paragraph 4 (Table above) of the rejoinder statement would prove contrary to the contentions of the respondents. The contention of the respondent that the Assistant Superintendent of Posts is given the Grade Pay of Rs. 4600/- which is the next higher post of Inspector (Post) and therefore, the Inspector (Post) is not entitled for Grade Pay of Rs. 4600/- is unsustainable as some promotional posts in other Departments and feeder post are enjoying the same Grade Pay. For example, in Defence Accounts Department Sr. Accounts Officer is the feeder category for promotion to the post of Assistant Controller of Defence Accounts (ACDA) and both the posts are in the same Grade pay Rs.5400 in PB-3. Likewise, in the Postal Accounts Office (PAO) under the Department of Post, Senior Accounts Officer is the feeder post for promotion to the post of Assistant Chief Accounts Officer (ACAO) and both these posts are in the Grade pay Rs.5400 in PB-3. In Comptroller and Auditor General’s Officer, Senior Audit officer is the feeder post for promotion to the post of Assistant Accountant General(AAG) and the Grade pay is Rs 5400 in PB-3 for both these posts. Therefore, it will not lie in the mouth of the respondents to contend that the promotional post is in the Grade Pay of Rs. 4600/- and therefore, the Inspector (Post) is not entitled for the Grade Pay of Rs. 4600/-.
It is submitted that when parity is brought out by the Pay Commission and Inspector (Post) and Inspectors in CBDT/CBEC and Assistants in CSS is treated alike, the denial of equal grade pay would result in down grading the post of Inspector Post and the same is not permissible in law. It has been so held by the Hon’ble Supreme Court in Union of India and others Vs. Debashis Kar and others reported in 1995 Supp (3) SCC 528. Admittedly, the Department of Post recommended the same pay scale of Inspectors in CBDT/CBEC to the Inspector (Post) before the 6th Central Pay Commission and the same was approved by the Pay Commission granting the same scale of pay and Grade Pay and therefore, the department cannot turn around and contend that the Inspector (Post) are not entitled for the Grade Pay of Rs. 4600/-.

Issue No.3 Nature of duties assigned to Assistants in CSS are different to that of Inspector Posts.

Admittedly, the nature of duties assigned to Assistants in CSS are different from duties assigned to Inspector Posts since Assistants are office staff in Secretariat offices where as the Inspector Posts are the office staff in field. It is worthy to mention that 6th Central Pay Commission in Para 3.1.3 had recommended absolute parity in terms of hierarchical structure of office staff in field and Secretariat offices up to the level of Assistants and this recommendation was accepted by the Government. The above factual aspects were considered while issuing Annexure A-11 OM F.No.1/1/2008-IC dated 16.11.2009 as indicated in paragraph 4 of Annexure A-11. Parity made and recommended by the Expert Body namely, the Pay Commission and accepted by the Government cannot be denied by the Department under any pretext.

Issue No.4 Pay scale of Inspectors in CBDT/CBEC was upgraded to Rs.6500-10500 on 21-04-2004 and merely recruited through direct recruitment from the same All India Competitive examination does bring any parity between Inspector Posts and Inspectors in CBDT/CBEC & Assistants in CSS.

Admittedly the Inspectors in CBDT/CBEC were given the scale of pay of Rs. 6500-10500 on and from 21-04-2004 before the implementation of the 6th Central Pay Commission Recommendations and the above scale of pay of Rs. 6500-10500 granted to the Inspectors in CBDT/CBEC was considered and the Pay Commission found absolute parity with the Inspector (Posts) and other analogous posts and that's why the Pay Commission recommended to grant the pre-revised scale of pay of Rs. 6500-10500 to the Inspector Post upgrading their scale of pay from Rs. 5500-9000. Since the 6th Central Pay Commission recommendations were implemented only with effect from 01-01-2006 the scale of pay of Rs. 6500-10500 was granted to the Inspector Posts with effect from 01-01-2006 and not by an earlier date. Once the Pay Commission found parity with the analogous posts and recommended the same scale of pay the respondent cannot turn around and contend that the direct recruitment did not bring the Inspector Posts on par with the Inspectors in CBDT/CBCE. The Recruitment Rules were amended and element of direct recruitment was introduced only because of the recommendations of the 4th and 5th Central Pay Commission and based on the recommendation for bringing out parity by the Commission. The respondents are clearly overlooking the recommendation of the 4th pay commission in Paragraph 10.44, in which Inspector Posts were equated with inspectors in other Central Government organisations like customs and central excise and income tax and recommended to introduce direct recruitment to bring parity. The 5th pay commission also in paragraph 62.9 had granted the equal pay scale of Rs.5500-9000 with Inspectors in CBDT/CBEC with recommendation to introduce direct recruitment from the Inspectors Grade examination of Staff Selection Commission.

Issue No.5 Sub Inspectors in CBI are also recruited through the same examination and are in the Grade of Rs.4200 only.

Sub-Inspectors in CBI cannot be compared with Inspectors of Department of Posts, as they are Sub-Inspectors in the lower cadre and they belong to Group C post. The Pay Commission also did not recommend any parity with Sub Inspectors of CBI to that of Inspector (Post), Inspectors in the CBDT/CBCE and Assistants in the Central Secretariat Service. It is relevant to note that all the Inspectors (Central Excise, Income Tax, Customs etc.) and Assistants recruited through the Combined Graduate level Examination, conducted by Staff Selection Commission, are granted Grade Pay of Rs.4600, except the Inspector Posts. It is ironical to state that, though the Inspector Posts are Group B non gazetted they are being denied the equal grade pay to that of some Group C Inspectors in other Departments like Inspectors in the Income Tax Department. The Inspectors in the Income Tax Department is allowed the Grade pay of Rs. 4600/- even though they are Group C post.