The classification of the post of Cameraman Grade-I as Group 'B' is upheld, denying claims for Group 'A' pay scale without supporting evidence.

ORDER

By Justice M.G.Sewlikar, Member (J)

This application is filed by the original applicants for reviewing the order dated 5th June, 2023 in OA No.689/2017.

2. Facts leading to this application are that the applicants are working as Cameraman Grade-I and Cameraman Grade-II with Doordarshan as permanent Government employees. On 13th September, 2000, DoPT conveyed that Cameraman Grade-I of Doordarshan should be granted higher pay scale of Rs.8000-13500 as the recommendation of 5th CPC with respect to the above post has been accepted by the Government of India (Annexure A-2). The Department of Expenditure, Ministry of Finance vide its note No.73/5/2000-IC dated 14th September, 2000 conveyed its approval for higher pay scale of Rs.8000- 13500 to the post of Cameraman Grade-I and encadrement of Group ‘A’ post in Group ‘A’ service. The Ministry of Information and Broadcasting issued the upgraded pay scale of Rs.8000-13500 to the Cameraman Grade-I post following the sanction with permission to accord upgraded pay scale after following the procedure vide communication dated 14th September, 2000. The Ministry of Information and Broadcasting verified that pay scale of Rs.8000-13500 sanctioned to the post of Cameraman Grade-I is Group-A pay scale vide communication dated 20th September, 2000 (Annexure A-5).

3. On 22nd August, 2005, Ministry of Information and Broadcasting informed UPSC that Cameraman Grade-I attained Group-A status of upgraded pay scale of Rs.8000- 13500 of 5th CPC since 1st January, 1996 vide Annexure A-6.

4. On 29th August, 2008, Department of Expenditure notifying the 6th CPC clarified that replacement pay scale of all Group 'A' posts (both GCS and organized service) having pay scale of Rs.8000-13500 would be replaced with Rs.15600-39100 (PB-3) with Grade Pay of Rs.5400/- vide Annexure A-7. DoPT vide its Gazette Notification dated 9th April, 2009 declared that Rs.8000 (Group-A) scale has to be replaced by Rs.15600-39100 (PB-3) with Grade Pay of Rs.5400/-. On 27th May, 2011, Department of Expenditure has clarified that the replacement pay scale of Rs.8000-13500 is Rs.15600-39100 (PB-5) with Grade Pay of Rs.5400 vide Annexure A-9.

5. On 12th January, 2012, Doordarshan, a department of Ministry of Information & Broadcasting sanctioned Rs.15600-39100 in PB-3 with GP of Rs.5400 for the post of Cameraman Grade-I as replacement pay scale for Rs.8000-13500 (Group A) based on the guidelines of Department of Expenditure vide Annexure A-10. Vide order dated 14th January, 2016, the Department of Expenditure, Ministry of Finance with respect to implementation of 6th CPC clarified that replacement pay scale of Cameraman Grade-I (Rs.8000-13500) is Rs.9300- 34800/- in PB-2 with GP of Rs.5400 (Annexure A-1).

6. Doordarshan Kendra, Mumbai, as instructed by the Ministry of Information & Broadcasting as per advice of the Department of Expenditure, issued show cause notice to the applicants for reduction of pay scale of Cameraman Grade-I post to Rs.9300-34800 (PB-2) with Grade Pay of Rs.5400 and also the pay scale of Cameraman Grade-II drawing pay scale of Cameraman Grade-I because of ACP/MACP Scheme vide Annexure A-11. This show cause notice was stayed by the Ernakulam Bench of this Tribunal vide order dated 13th July, 2016 (Annexure A-12). Vide order dated 23rd November, 2016 the Ministry of Information & Broadcasting and Doordarshan Kendra, Mumbai reduced the pay scale of the applicants from Rs.15600-39100 (PB-3) with Grade Pay of Rs.5400 to Rs.9300-34800 (PB-2) with Grade Pay of Rs.5400 and other consequential benefits like ACP/MACP. On these allegations, the applicants had prayed for following reliefs:

“I) Quash and