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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. CHANDRASEKHARAN, J.
S. Ramesh & Others - Appellant
Versus
Union of India, Represented by its Secretary, New Delhi & Others - Respondent
W.P(MD) No. 10311 of 2012
Decided On : 02-09-2022
Writ Petition - Pay Scale Dispute - Central Civil Services (Revised Pay) Rules, 2008 - VI CPC Recommendations - S-9 and S-10 grade - Rs.5000-8000 and Rs.5500-9000 merged into a single revised pay band of Rs.9300-34800 with Grade Pay of Rs.4200 - Disparity in pay fixation for Scientific Assistant - C - Court directs petitioners to raise grievance through appropriate authority within three months
Fact of the Case:
The petitioners sought to quash orders related to their pay scale and claimed band pay from the date of their appointment and promotion. They argued that their pay was not fixed as per the guidelines of the VI CPC and Central Civil Services (Revised Pay) Rules, 2008, leading to disparity in pay fixation for Scientific Assistant - C.
Finding of the Court:
The court found that the petitioners were recruited after the introduction of VI CPC recommendations and that their pay was not fixed as per the guidelines. It also noted the dispute regarding the availability of Scientific Assistant - A posts when the petitioners were appointed as Scientific Assistant - B.
Issues: The main issue was the dispute over the pay fixation of the petitioners as per the VI CPC recommendations and the Central Civil Services (Revised Pay) Rules, 2008. Another issue was the disparity in pay fixation for Scientific Assistant - C.
Ratio Decidendi: The court directed the petitioners to raise their grievance through the appropriate authority within three months, emphasizing the need for their pay to be fixed as per the VI CPC recommendations and the Central Civil Services (Revised Pay) Rules, 2008.
Final Decision: The Writ Petition was disposed of with a direction to the petitioners to raise their grievance through the appropriate authority within three months, or to submit fresh representations to the respondents concerned within the same period. The respondents were directed to consider the representations of the petitioners in the light of the court's observations and pass orders in accordance with the law.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order dated 27.11.2010 passed by the eighth respondent in KKNPP/HR/Estt.2010/S/3548, the order dated 10.05.2011 passed by the fifth respondent in NPCIL/HRP/1/8/2/2011/347, the order dated 30.05.2011 passed by the seventh respondent in KKNPP/HR/Estt.2011/5/3698 and the order dated 20.08.2011 passed by the ninth respondent in KKNPP/HR-ER/2011/S/300, quash the same and consequently direct the respondents to pay the petitioners the band pay of Rs.10,920 from the date of the petitioners appointment as Scientific Assistant - B and the band pay of Rs.12,540 from the date of the petitioners promotion to the post of Scientific Assistant - C in the pay band of Rs.9,300-34,800 with arrears and all other consequential benefits together with interest at the rate of 12% per annum and also to pay the band pay of Rs.12,540/- to the petitioners who are yet to getpromotion to the post of Scientific Assistant - C from the date of the petitioners promotion to the said post, award costs.)
1. This Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus, to quash the order dated 27.11.2010 passed by the eighth respondent in KKNPP/HR/Estt.2010/S/3548, the order dated 10.05.2011 passed by the fifth respondent in NPCIL/HRP/1/8/2/2011/347, the order dated 30.05.2011 passed by the seventh respondent in KKNPP/HR/Estt.2011/5/3698 and the order dated 20.08.2011 passed by the ninth respondent in KKNPP/HR-ER/2011/S/300 and consequently directing the respondents to pay the petitioners the band pay of Rs.10,920/- from the date of the petitioners appointment as Scientific Assistant - B and the band pay of Rs.12,540/- from the date of the petitioners promotion to the post of Scientific Assistant - C in the pay band of Rs.9,300-34,800/- with arrears and all other consequential benefits together with interest at the rate of 12% per annum and also to pay the band pay of Rs.12,540/- to the petitioners who are yet to get promotion to the post of Scientific Assistant - C from the date of the petitioners promotion to the said post.
2. The petitioners case, in brief, is that the petitioners were appointed as Scientific Assistant B and Scientific Assistant B trainee. The pre-revised scale of pay for Scientific Assistant B is Rs. 5,500-175-9000. The revised pay as per VI CPC was notified on 29.08.2008, but given effect from 01.01.2006. The Government of India issued office Memorandum, dated 30.08.2008 regarding the implementation of VI CPC and fixation of pay and payment of arrears. The third respondent issued proceedings dated 18.09.2008 notifying the revised pay structures for the posts operated in NPCIL. All the pre-revised scales of pay from S-9 to S-15 posts/grades were brought under the new, but single pay band/scale. S-9 to S-15 posts/grades were brought under new pay band No.2 (PB-2) of Rs. 9300-34800, but different Grade Pay for each grade. The Grade Pay in PB-2 for the pre-revised scale for the grades S-9 to S-12 is Rs. 4200, the Grade Pay for S-13 is Rs.4600, the Grade Pay for S-14 is Rs.4800 and the Grade Pay for S-15 is Rs.5400. The entry pay in the revised pay structure for direct recruits appointed after 01.01.2006 is given in tabular column under Section 2, Part-A of the first schedule to the notification, dated 29.08.2008. The Grade Pay of Rs.4200 has been fixed for the pre-revised scales applicable to S-9 to S-12 grades/posts. In a decision taken by the pay anomaly committee, directions were issued to enhance the grade pay for Scientific Assistant - C, who were in S-12 grade from Rs.4200 to Rs. 4600. Scientific Assistant - A is a promotional post for Technicians. Scientific Assistant - B is the entry level post for direct recruitment and also it is a promotional post for Scientific Assistant - A. The Scientific Assistant - A were getting the pay scale of Rs. 5000-100-8
The court ruled that pay fixation must adhere to applicable rules, and claims for parity must consider distinct recruitment modes.
Promotees entitled to direct recruit entry pay if recruitment rules provide for direct recruitment, correcting pay anomaly.
The existing basic pay as on 01.01.2006 is the pay drawn in the prescribed existing scale of pay and that it can only be interpreted as the pay applicable to the post payable to the Government servan....
The main legal point established in the judgment is that the error in fixation of pay is to be corrected right from the III Pay Commission fixation and the petitioners are to be promoted to the highe....
Personnel holding similar posts and responsibilities are entitled to similar pay and allowances, and should not be discriminated based on their method of recruitment.
Merger of Section Officer and AAO pay scales w.e.f. 01.01.2006 entitles seniors promoted pre-date to minimum of merged scale for 6th CPC fixation at Rs.13,950 + GP 4800, overriding prior pay differen....
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