Effective No. of Candidates for GDS Recruitment
The Postal Directorte has issued instructions reg "Effective No. of Candidates" for GDS Recruitment vide Memo No. 19-27 / 2010-GDS Dt. 07.10.10.
Modified instructions on Recruitment of GDS thro Employment Exchange - Clarification of term "Effective No. of Candidates"
Attention of all concerned is invited to Para 3 of this Dte Order No. 19-4 / 97-ED & Trg Dt 19.08.98 which provided that "in case the notification and public advertisement so issued fail to elicit any response within the stipulated date or if the effective number of candidates applied for the post is less than 3, the vacancies will be re-notified to the Employment Exchange & fresh advertisement issued calling for nominations etc within 15 days"
2. The term "effective No. of candidates / applications" has undergone judicial scrutiny by CAT, Hyderabad in OA No. 516 / 2009 in the mater of Shri.Chennuri Raju vs Union of India & relying on judgement of High Court of Madras in WP No. 22500 & 20422 / 1999 in similar case CAT, Hyderabad has held in its judgement on 15.06.10 that "three effective applications mean three applications should be received and even if one of the candidates amongst the three applicants is eligible, the selection should be finalized"
3. The issue has been considered in this Dte in the light of the aforesaid judgement and i am directed to convey that term "effective No. of Candidates" finding a mention in the order of this Dte ibid may be interpreted to mean that three applications from the different candidates should be received and even if one of the candidates amongst the three applicants is found eligible, the selection should be finalized in conformity with the interpretation as referred to in Para 2 above.
Monday, October 18, 2010
Promotion into STS of IPoS Group A cadre
Promotion into STS of IPoS Group A cadre
Postal Directorate has issused list of JTS officers promoted into STS vide memo no. 4-5/2010-SPG dated 08-10-2010.
Postal Directorate has issused list of JTS officers promoted into STS vide memo no. 4-5/2010-SPG dated 08-10-2010.
Thursday, October 14, 2010
Dilution of parity among Assistants of field Offices and Secretariat
This article is written by Shri.Ranjit.R who works for Debts Recovery Tribunal as Recovery Inspector at Ernakulam
It seems there had been a lot of hues and cries when parity among field Offices and the Secretariat was finally accomplished on submission of the Sixth Central Pay Commission Report to the Government of India. This was evident from a speedy, rather hasty, decision by the Government, subsequent to implementation of the Sixth CPC Report, to enhance the Grade Pay of Rs.4,200/- to Rs.4,600/- to the Assistants/ Personal Assistants of the Secretariat, though parity was initially approved by the Government. The consequent and immediate representations of the similarly placed in the field offices for parity based on the Sixth CPC recommendations are, presumably, ‘pending consideration’! (?). This can be prolonged till it is submitted before the next Pay Commission for a decision, as practiced.
I feel it apposite to reproduce relevant excerpts from the Sixth Central Pay Commission Report in respect of parity before discussing the issue:
Click here to get the relevant Excerpts from Sixth Pay Commission Report
Excerpts from Sixth Central Pay Commission Report
1.2.18 Parity between field offices and secretariat has been proposed as, in Commission’s view, equal emphasis has to be given to the field offices in order to ensure better delivery.
2.2.19 Scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500 have been merged to bring parity between field offices; the secretariat; the technical posts; and the work shop staff. This was necessary to ensure that due importance is given to the levels concerned with actual delivery. It is also noted that a large number of anomalies were created due to the placement of Inspectors/equivalent posts in CBDT/CBEC and Assistants/ Personal Assistants of CSS/CSSS in the scale of Rs.6500-200-10500. The scales of Rs.5500-175-9000 and Rs.6500-200-10500, in any case, had to be merged to resolve these anomalies.
3.1.1 The various Secretariats of the Ministries and Departments of Government of India together constitute the headquarters organisation. The Secretariats are chiefly involved in matters relating to formulation of policy and ensuring that these policies are executed in a coordinated and effective manner. Actual execution of these policies, however, is left to field agencies outside the Secretariat, which may be either attached or subordinate offices or quasi‑Government/ autonomous/ public sector undertakings.
Disparity between Secretariat and field offices
3.1.2 Historically, various services in the Secretariat have been given an edge over analogous posts in the field offices. This was done on the ground that office staff in their counter parts in field offices perform routine work relating to routine matters concerning personnel and general administration, etc. Another argument that is used to justify the edge for various posts in Secretariat is that in Secretariat, level jumping occurs and personnel in the grade of Assistant etc. submit files directly to decision making levels of Under Secretary, Deputy Secretary, etc.
3.1.3 Higher pay scales in the Secretariat offices may have been justified in the past when formulation of proper policies was of paramount importance. The present position is different. Today, the weakest link in respect of any Government policy is at the delivery stage. The field offices are at the cutting edge of administration and may, in most cases, determine whether a particular policy turns out to be a success or a failure in terms of actual benefit to the consumer. Accordingly, the time has come to grant parity between similarly placed personnel employed in field offices and in the Secretariat. This parity will need to be absolute till the grade of Assistant. Beyond this, it may not be possible or even justified to grant complete parity because the hierarchy and career progression will need to be different taking in view the functional considerations and relativities across the board.
3.1.4 A parity has long been established between the posts of Lower Division Clerk (LDC) and Upper Division Clerk (UDC) in Secretariat and field offices. The position becomes different for posts above UDC level; with the Assistant in Secretariat offices being placed in higher pay scale vis-à-vis those working in field offices. Earlier, the respective pay scales of Rs.5500-9000 and 5000-8000 existed for Assistants in Secretariat and in Field offices. This disparity was aggravated in 2006 when the Government further upgraded the pay scales of Assistants belonging to Central Secretariat Service to Rs.6500-10500.
3.1.6 Assistants working in other Secretariat organisations like AFHQ, MEA and various other non-participating Ministries/ Organisations etc. have been denied this and are stridently demanding similar higher pay scales from the Government.
3.1.7 The Government, however, did not concede this parity and have referred the issue to this Commission for taking a final view thereon.
Recommendations
Designation
Pre-revised Scale
New Pay Scale
Assistant
Rs.6500-10500
PB-2 of Rs.8700-34800 along with grade pay of Rs.4200
[which has been improved and modified to Rs.9300-34800]
Section Officer
Rs.7500-12000
Rs.8000-13500 *
PB-2 of Rs.8700-34800 along with grade pay of Rs.4800
[which has been improved and modified to Rs.9300-34800]
PB-2 of Rs.8700-34800 along with grade pay of Rs.5400 *
[which has been improved and modified to Rs.9300-34800]
* (on completion of four years)
The Sixth Pay Commission had recommended parity in terms of hierarchical structure of Office Staff in field offices and Secretariat up to the level of Assistants/Personal Assistants and the Government had accepted this recommendation. But, contrary to this, the Government of India, Ministry of Finance, Department of Expenditure vide O.M No.1/1/2008-IC dated 16.11.2009 has extended the pay structure of Grade Pay of Rs.4,600/- in the Pay Band PB2 to Assistants and Personal Assistants belonging to Central Secretariat Service, Armed Forces Head Quarter Service, Indian Foreign Service B and Railway Board Secretariat Service and their counterpart Stenographer Services with effect from 01.01.2006, which will cover, SSC, CVC, UPSC etc, and like-wise extended the pay structure of Grade Pay of Rs.4,800/- to the Section Officers.
One of the tricky reasons they attribute to this is that there is an element of direct recruitment to the posts of Assistants/Personal Assistants of the Central Secretariat, and that too through an All India Competitive Examination. It is pertinent to mention here that the Staff Selection Commission, through an All India Competitive Examination, selected all staff including those who are on the Pay Band PB2 in the so called field offices all over India to the service on direct recruitment.
Therefore, there cannot be any differentiation between the Section Officers/ Assistants/ Personal Assistants in the Central Secretariat Service and their counter parts in the field offices, which are constituted by the Central Government itself. Besides, the aforesaid O.M says that with the issue of their own O.M of even number dated 13.11.2009 the grade pay of Rs.4,600/- has already been introduced in the case of office staff in field offices also. The office staff in field offices mentioned therein refers to the Inspectors of the Customs & Central Excise and the Income Tax, whereas, the Section Officers and Assistants/ Personal Assistants working in the field offices who are in the Pay Band PB2 continue to receive grade pay of Rs.4,600/- and Rs.4,200/- respectively.
It is very important to mention here that the Sixth Central Pay Commission, headed by Hon’ble Mr. Justice B.N. Srikrishna, was highly just by recommending merger of the three different pay scales of Rs.5000‑8000, Rs.5500‑9000 and Rs.6500‑10500 to bring parity between field offices, the secretariat, the technical posts and the work shop staff, and fixing it at the Pay Band Rs.9300-34800 along with grade pay of Rs.4200/-. The fact that the Officers and Staff in Field offices often have more work load due to limited manpower in their respective organisations also need to be considered. Hence it is only just and proper to bring parity with the Secretariat and Field Offices, as justified and recommended by the Commission and as accepted and approved by the Government.
In judicial side, I would like to point out following decisions which are in line with my observations above.
* The Hon’ble Central Administrative Tribunal, Chennai in its decision dated 18.12.2007 in Winston Samuel v. Union of India, Secretary, Ministry of Health and Family Welfare and others [OA No.711/2006] had held that jobs with identical functions should have identical pay scales. The Central Administrative Tribunal, vide its order, has extended the grade of Rs.4,600/- to its employees in Pay Band PB2 corresponding to pre-revised scale of Rs.5,500-175-9,000.
* It is held by the Hon’ble Central Administrative Tribunal, Guwahati in its decision dated 05.12.2007 in the matter of Alok Acharjee and others v. Union of India, Secretary, Home Affairs and others [OA No.323/2006] that an order of court in a case of pay fixation will equally apply to all those similarly placed even if they are not party to the case.
* The Hon’ble Supreme Court in Union of India and others v. Hiranmoy Sen and others [reported in SCC (L&S) 271] has held that equal pay for equal posts can be applied if there is complete and wholesale identity between two groups (posts).
* It was also held by the Hon’ble Supreme Court in Nehru Yuva Kendra Sangathan v. Rajesh Mohan Sukhla and others [reported in SCC (L&S) 286] that equal pay for equal work will be applicable irrespective of the sources of recruitment.
* It is now well settled that a decision given by a Court or Tribunal should be applicable to all persons similarly situated as held by the Hon’ble Central Administrative Tribunal, Calcutta in its decision dated 27.06.2003 in A. Gowri Sankara Rao v. Union of India and others [OA No.328/2001].
* The Hon’ble Central Administrative Tribunal, Jodhpur in its decision in January 2004 in Nem Singh v. Union of India and Others has held that Government should give the benefit of a final decision to all similarly placed persons and should not unnecessarily send people to Court [OA No.273/2002 and M.A No.127/2002].
* The law has already been laid down by the Hon’ble Supreme Court in Indra Pal Yadav and Anr. V. Union of India and Ors [reported in 1985 (2) SCC 648] that those who could not come to the Court need not be at a comparative disadvantage to those who rushed in the Court. If they are otherwise similarly situated, they are entitled to similar treatment, if not by anyone else at the hands of the Court.
* Similar view was taken by the Hon’ble Supreme Court in Gopal Krishna Sharma and Ors. V. State of Rajasthan and Anr [reported in 1999 (3) SCC (L&S) 544] wherein also it was held that the benefit of the Hon’ble Supreme Court judgment is to be extended to all even those who did not join as a party before the Court.
* The Full Bench of the Central Administrative Tribunal in Abraham Titus and Ors. V. Union of India and Ors etc [reported in 1992(19) ATC 722] has also held that when a court after analysis of rival pleas enunciated a proposition of law and based on those propositions, allows certain relief to some civil servants who are applicants before it, normally, it behoves the Administration to extend the benefit without any discrimination.
Several guidelines/ strictures/ directions derived from the judgments, including the few cited above, could have been considered by the various Administrative Authorities in the respective Departments/ Ministries. The Government cannot merely deviate from the findings of Hon’ble Mr. Justice B.N. Srikrishna by bringing feeble justification such as the posts in the Secretariat are filled through All India Competitive Examinations and more merit is involved there.
Instead the Government may consider bringing the so called similarly placed, or those drawing similar pay scales, by classifying the posts into three, like Ministerial (posts of Assistant, Steno Gr. ‘C’), Technical (professional posts in the fields of Engineering, Accounts and Medical) and Executive (like various posts of Inspectors/ Intelligence Officers in the executing departments/ enforcement agencies of Income-Tax, Central Excise, etc.). This may reduce the dispute of parity at least in the future.
Concluding, it is my request, as well as of many others’ in the field offices throughout India who are deprived of the Grade Pay of Rs.4,600/- on the parity aspect of Sixth CPC recommendation, to bring the Grade Pay of Section Officers and Assistants/ Personal Assistants in the field offices at par with that of the Secretariat. Justice may neither be delayed nor denied.
[with inputs on various citations from my colleague Mr. Regi K. George, Personal Assistant]
It seems there had been a lot of hues and cries when parity among field Offices and the Secretariat was finally accomplished on submission of the Sixth Central Pay Commission Report to the Government of India. This was evident from a speedy, rather hasty, decision by the Government, subsequent to implementation of the Sixth CPC Report, to enhance the Grade Pay of Rs.4,200/- to Rs.4,600/- to the Assistants/ Personal Assistants of the Secretariat, though parity was initially approved by the Government. The consequent and immediate representations of the similarly placed in the field offices for parity based on the Sixth CPC recommendations are, presumably, ‘pending consideration’! (?). This can be prolonged till it is submitted before the next Pay Commission for a decision, as practiced.
I feel it apposite to reproduce relevant excerpts from the Sixth Central Pay Commission Report in respect of parity before discussing the issue:
Click here to get the relevant Excerpts from Sixth Pay Commission Report
Excerpts from Sixth Central Pay Commission Report
1.2.18 Parity between field offices and secretariat has been proposed as, in Commission’s view, equal emphasis has to be given to the field offices in order to ensure better delivery.
2.2.19 Scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500 have been merged to bring parity between field offices; the secretariat; the technical posts; and the work shop staff. This was necessary to ensure that due importance is given to the levels concerned with actual delivery. It is also noted that a large number of anomalies were created due to the placement of Inspectors/equivalent posts in CBDT/CBEC and Assistants/ Personal Assistants of CSS/CSSS in the scale of Rs.6500-200-10500. The scales of Rs.5500-175-9000 and Rs.6500-200-10500, in any case, had to be merged to resolve these anomalies.
3.1.1 The various Secretariats of the Ministries and Departments of Government of India together constitute the headquarters organisation. The Secretariats are chiefly involved in matters relating to formulation of policy and ensuring that these policies are executed in a coordinated and effective manner. Actual execution of these policies, however, is left to field agencies outside the Secretariat, which may be either attached or subordinate offices or quasi‑Government/ autonomous/ public sector undertakings.
Disparity between Secretariat and field offices
3.1.2 Historically, various services in the Secretariat have been given an edge over analogous posts in the field offices. This was done on the ground that office staff in their counter parts in field offices perform routine work relating to routine matters concerning personnel and general administration, etc. Another argument that is used to justify the edge for various posts in Secretariat is that in Secretariat, level jumping occurs and personnel in the grade of Assistant etc. submit files directly to decision making levels of Under Secretary, Deputy Secretary, etc.
3.1.3 Higher pay scales in the Secretariat offices may have been justified in the past when formulation of proper policies was of paramount importance. The present position is different. Today, the weakest link in respect of any Government policy is at the delivery stage. The field offices are at the cutting edge of administration and may, in most cases, determine whether a particular policy turns out to be a success or a failure in terms of actual benefit to the consumer. Accordingly, the time has come to grant parity between similarly placed personnel employed in field offices and in the Secretariat. This parity will need to be absolute till the grade of Assistant. Beyond this, it may not be possible or even justified to grant complete parity because the hierarchy and career progression will need to be different taking in view the functional considerations and relativities across the board.
3.1.4 A parity has long been established between the posts of Lower Division Clerk (LDC) and Upper Division Clerk (UDC) in Secretariat and field offices. The position becomes different for posts above UDC level; with the Assistant in Secretariat offices being placed in higher pay scale vis-à-vis those working in field offices. Earlier, the respective pay scales of Rs.5500-9000 and 5000-8000 existed for Assistants in Secretariat and in Field offices. This disparity was aggravated in 2006 when the Government further upgraded the pay scales of Assistants belonging to Central Secretariat Service to Rs.6500-10500.
3.1.6 Assistants working in other Secretariat organisations like AFHQ, MEA and various other non-participating Ministries/ Organisations etc. have been denied this and are stridently demanding similar higher pay scales from the Government.
3.1.7 The Government, however, did not concede this parity and have referred the issue to this Commission for taking a final view thereon.
Recommendations
Designation
Pre-revised Scale
New Pay Scale
Assistant
Rs.6500-10500
PB-2 of Rs.8700-34800 along with grade pay of Rs.4200
[which has been improved and modified to Rs.9300-34800]
Section Officer
Rs.7500-12000
Rs.8000-13500 *
PB-2 of Rs.8700-34800 along with grade pay of Rs.4800
[which has been improved and modified to Rs.9300-34800]
PB-2 of Rs.8700-34800 along with grade pay of Rs.5400 *
[which has been improved and modified to Rs.9300-34800]
* (on completion of four years)
The Sixth Pay Commission had recommended parity in terms of hierarchical structure of Office Staff in field offices and Secretariat up to the level of Assistants/Personal Assistants and the Government had accepted this recommendation. But, contrary to this, the Government of India, Ministry of Finance, Department of Expenditure vide O.M No.1/1/2008-IC dated 16.11.2009 has extended the pay structure of Grade Pay of Rs.4,600/- in the Pay Band PB2 to Assistants and Personal Assistants belonging to Central Secretariat Service, Armed Forces Head Quarter Service, Indian Foreign Service B and Railway Board Secretariat Service and their counterpart Stenographer Services with effect from 01.01.2006, which will cover, SSC, CVC, UPSC etc, and like-wise extended the pay structure of Grade Pay of Rs.4,800/- to the Section Officers.
One of the tricky reasons they attribute to this is that there is an element of direct recruitment to the posts of Assistants/Personal Assistants of the Central Secretariat, and that too through an All India Competitive Examination. It is pertinent to mention here that the Staff Selection Commission, through an All India Competitive Examination, selected all staff including those who are on the Pay Band PB2 in the so called field offices all over India to the service on direct recruitment.
Therefore, there cannot be any differentiation between the Section Officers/ Assistants/ Personal Assistants in the Central Secretariat Service and their counter parts in the field offices, which are constituted by the Central Government itself. Besides, the aforesaid O.M says that with the issue of their own O.M of even number dated 13.11.2009 the grade pay of Rs.4,600/- has already been introduced in the case of office staff in field offices also. The office staff in field offices mentioned therein refers to the Inspectors of the Customs & Central Excise and the Income Tax, whereas, the Section Officers and Assistants/ Personal Assistants working in the field offices who are in the Pay Band PB2 continue to receive grade pay of Rs.4,600/- and Rs.4,200/- respectively.
It is very important to mention here that the Sixth Central Pay Commission, headed by Hon’ble Mr. Justice B.N. Srikrishna, was highly just by recommending merger of the three different pay scales of Rs.5000‑8000, Rs.5500‑9000 and Rs.6500‑10500 to bring parity between field offices, the secretariat, the technical posts and the work shop staff, and fixing it at the Pay Band Rs.9300-34800 along with grade pay of Rs.4200/-. The fact that the Officers and Staff in Field offices often have more work load due to limited manpower in their respective organisations also need to be considered. Hence it is only just and proper to bring parity with the Secretariat and Field Offices, as justified and recommended by the Commission and as accepted and approved by the Government.
In judicial side, I would like to point out following decisions which are in line with my observations above.
* The Hon’ble Central Administrative Tribunal, Chennai in its decision dated 18.12.2007 in Winston Samuel v. Union of India, Secretary, Ministry of Health and Family Welfare and others [OA No.711/2006] had held that jobs with identical functions should have identical pay scales. The Central Administrative Tribunal, vide its order, has extended the grade of Rs.4,600/- to its employees in Pay Band PB2 corresponding to pre-revised scale of Rs.5,500-175-9,000.
* It is held by the Hon’ble Central Administrative Tribunal, Guwahati in its decision dated 05.12.2007 in the matter of Alok Acharjee and others v. Union of India, Secretary, Home Affairs and others [OA No.323/2006] that an order of court in a case of pay fixation will equally apply to all those similarly placed even if they are not party to the case.
* The Hon’ble Supreme Court in Union of India and others v. Hiranmoy Sen and others [reported in SCC (L&S) 271] has held that equal pay for equal posts can be applied if there is complete and wholesale identity between two groups (posts).
* It was also held by the Hon’ble Supreme Court in Nehru Yuva Kendra Sangathan v. Rajesh Mohan Sukhla and others [reported in SCC (L&S) 286] that equal pay for equal work will be applicable irrespective of the sources of recruitment.
* It is now well settled that a decision given by a Court or Tribunal should be applicable to all persons similarly situated as held by the Hon’ble Central Administrative Tribunal, Calcutta in its decision dated 27.06.2003 in A. Gowri Sankara Rao v. Union of India and others [OA No.328/2001].
* The Hon’ble Central Administrative Tribunal, Jodhpur in its decision in January 2004 in Nem Singh v. Union of India and Others has held that Government should give the benefit of a final decision to all similarly placed persons and should not unnecessarily send people to Court [OA No.273/2002 and M.A No.127/2002].
* The law has already been laid down by the Hon’ble Supreme Court in Indra Pal Yadav and Anr. V. Union of India and Ors [reported in 1985 (2) SCC 648] that those who could not come to the Court need not be at a comparative disadvantage to those who rushed in the Court. If they are otherwise similarly situated, they are entitled to similar treatment, if not by anyone else at the hands of the Court.
* Similar view was taken by the Hon’ble Supreme Court in Gopal Krishna Sharma and Ors. V. State of Rajasthan and Anr [reported in 1999 (3) SCC (L&S) 544] wherein also it was held that the benefit of the Hon’ble Supreme Court judgment is to be extended to all even those who did not join as a party before the Court.
* The Full Bench of the Central Administrative Tribunal in Abraham Titus and Ors. V. Union of India and Ors etc [reported in 1992(19) ATC 722] has also held that when a court after analysis of rival pleas enunciated a proposition of law and based on those propositions, allows certain relief to some civil servants who are applicants before it, normally, it behoves the Administration to extend the benefit without any discrimination.
Several guidelines/ strictures/ directions derived from the judgments, including the few cited above, could have been considered by the various Administrative Authorities in the respective Departments/ Ministries. The Government cannot merely deviate from the findings of Hon’ble Mr. Justice B.N. Srikrishna by bringing feeble justification such as the posts in the Secretariat are filled through All India Competitive Examinations and more merit is involved there.
Instead the Government may consider bringing the so called similarly placed, or those drawing similar pay scales, by classifying the posts into three, like Ministerial (posts of Assistant, Steno Gr. ‘C’), Technical (professional posts in the fields of Engineering, Accounts and Medical) and Executive (like various posts of Inspectors/ Intelligence Officers in the executing departments/ enforcement agencies of Income-Tax, Central Excise, etc.). This may reduce the dispute of parity at least in the future.
Concluding, it is my request, as well as of many others’ in the field offices throughout India who are deprived of the Grade Pay of Rs.4,600/- on the parity aspect of Sixth CPC recommendation, to bring the Grade Pay of Section Officers and Assistants/ Personal Assistants in the field offices at par with that of the Secretariat. Justice may neither be delayed nor denied.
[with inputs on various citations from my colleague Mr. Regi K. George, Personal Assistant]
Monday, October 4, 2010
Bonus
Dte likely to release Bonus orders today.Productivity Linked Bonus for 2009 - 10 - 60 days. Sixty Days
Ceiling limit For Regular Employees Rs.3500 Max.& For GDS Rs.2500 Max
Dte Memo No : 26-04 / 2010-PAP Dt. 01.10.10.
Ceiling limit For Regular Employees Rs.3500 Max.& For GDS Rs.2500 Max
Dte Memo No : 26-04 / 2010-PAP Dt. 01.10.10.
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)
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.
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.
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.
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