LETTER HAS BEEN FORWARDED TO THE DGOF FOR INCREMENTAL BENEFIT
To,
The
DGOF & Chairman,
Ordnance Factory Board
10-A,
S.K.BOSE ROAD,Kolkata.
Sub: Request to forward proposal for restoration of
pay fixation on promotion from the post Chargeman Gr.-II to Chargeman Gr.-I
& Asst. Foreman/Foreman/Store Holder to Jr. Work’s manager during the
period 01.01.2006 to 29.08.2008.
Ref: 1)
DOPT OM No. 20020/4/2010-Estt(D)
Dtd.13th September, 2012
2) Govt. of India, Min. of Finance,
Dept. of Expendeture OM. No. 10/02/2011-E.III/A dated 7th January 2013.
3) Hon’able Bangalore bench CAT
order dated 11.04.11 in OA 407/2009.
4) Hon’able High Coart of Karnataka
at Bangalore order dated 28th May, 2013 in writ petition nos. 15515-521/2012 (S-CAT)
5) Govt. of India, Min of Def. New Delhi
D(QA) OM No. A/92163/VICPC/OA/407/2009/ DGQA/ADM-7B/D(QA)/--/2014 dated 10th
Sept. 2014
6) Controller General of Defence
Accounts circular No. LC/AN/XIV/14142/OA-489/2011/SVK Naidu dated 08.07.2014
7) Govt. of India, Min of Fin.
Central Board of Income Tax (Human Resource Development) OM No.
HRD/CM/Misc/221/1/2013-14/2727 dated 16th July 2014
8) Govt. of India, Min of Fin.
Department of Revenue New Delhi, F.No.
A-23011/27/2012-Ad.IIA dated 21st June 2013.
9) Govt. of India, DOP&T Establishment
(Pay) Division, North Block New Delhi, Circular No.997012/2014-Estt (Pay) dated 26th June 2014.
10) Court notice issued in case of O.A. No. 381/2014 by CAT Mumbai No. CAT/MUM/JUDC/4757 dated 23rd
July 2014.
11) Govt. of
India, Min. of Defence, Department of Defence Production, South Block New Delhi
No. 5(2)/2014/D (Coord/DDP) dated 26th
June 2014.
Sir,
After declaration & acceptance of 6th CPC in the OFB
Organisation for the posts who have got
promotion on or after 1.1.2006 to 29.08.2008 are merged and placed in the same
revised pay scale due to acceptance of 6th CPC recommendations and
the pay on promotion i.e. incremental benefit to them was denied/withdrawn with
retrospective effect.
After that the Govt. of India issued instructions vide DOPT OM No. 20020/4/2010-Estt(D) Dtd.13th
September, 2012, regarding seniority and status of the posts grades merged
in pursuance of 6th CPC recommendations. This OM had been made after
receiving the references from Min. of Railways/ Min. of Def. and in
consultation with Department of Legal Affairs.
In this OM, in the second Para clearly states that the recommendation of
6th CPC has been accepted on 29.08.2008 and the merger of the only pay scale(s)
of the post has been made effective w.e.f. 01.01.2006. Also this OM states that
“the status of a government servant
as on 29.08.2008 including those who have earned promotions between 01.01.2006
to 29.08.2008 will be protected as appointment/promotions are made as per the
provisions of statutory recruitment rules applicable to the post/grade”
The Min. of Railways interpretate it vide their order No. E(NG)-2009/PM1/4 dated
26.09.2012 that “ the promotions made between01.01.2006 to 04.09.2008 date of
implementation of 6th CPC, on Railways will be protected as the same
were made as per the provisions of statutory recruitment rules existing a that
time.”
From the above it is cleared that status i.e. chargeman Gr.I
& GrII as well as AF & JWM are protected up to 29.08.2008. Also their
promotions which they have earned are also protected.
After
implementation of 6th CPC it
is not found
to be feasible on functional operational and administrative consideration to
merge the posts up to the date of acceptance of 6th CPC i.e.
29.08.2008. Also the promotion to the post actually involves the assumption of
higher responsibilities as there is written evidence in promotion-order and
there SRO exist on that day. Therefore all the merged cases where there the
posts of feeder and promotional are being placed in an identical revised pay
scale up to 29.08.2008 may be considered on merit for granting the benefit of
pay fixation under FR 22.
Hon’able
High Coart of Karnataka, Hon’able Bangalore bench CAT & Hon’able Ernakulum
bench CAT has already issued an orders for
restoration of pay fixation on promotion to the posts who have got promotion on or after 1.1.2006 to 29.08.2008 and are
merged & placed in the same revised pay scale due to acceptance of 6th
CPC recommendations and the pay on promotion i.e. incremental benefit to them
was denied/withdrawn with retrospective effect. The issue was referred to
DoP&T, Min. of Law and Justice, Min. of Finance for general implementation
to all similar placed cases by the concerned organisations to protect the
financial benefits of their employees and accordingly the proposal was accepted
and implemented.
National Defence Gr. B Gazetted Officers Association has already
approached to Hon’able
Mumbai bench CAT for the same benefit in OFB organisation. Sir, it is requested
that the issue can be resolve at Hon’able Chairman OFB level to avoid
un-necessary litigations being created as per directives by secretary /
DOP&T DO No. 43019/11/2014-Estt(D) dated 17/06/2014 and MOD letter No.
5(2)/2014/D (Coord/DDP) dated 26th
June 2014. In this
regards the DOP&T had already issued one circular No. 997012/2014-Estt(Pay) dated 26 June
2014, stating that any amendment of Fundamental Rule/Service Rules is required
to be made with the approval of President under powers vested by Article 309 of
the Constitution. It is clarified that FR 22(1)(a)(1) continuous to exist.
Hence, the mode of pay fixation as provided for in FR 22(1)(a)(1) continues to
apply in respect of cases in the pre-revised scales.
Sir, it is intimated to us that in Ordnance factories organisation the
merging is made effected under the provision of Sub-Para XVIII(3) Section II,
Part-B of CDS(RP) Rule,2008 published vide SRO 21(E) dated 9th
September 2008. Here, as per the same rule provisions the posts of AF and JTOs
in DGQA department of same ministry i.e. Ministry of Defence were merged and
are placed in the same revised pay scale due to acceptance of 6th
CPC recommendations and the pay on promotion i.e. incremental benefit to them
was denied/withdrawn with retrospective effect. Now the same was restored in
DGQA department as per Govt. of India, Min of Def. New Delhi D(QA) OM No.
A/92163/VICPC/OA/407/2009/ DGQA/ADM-7B/D(QA)/--/2014 dated 10th
Sept. 2014. So, it is requested to
consider all the cases merged as per above SRO 21(E) in Govt. of India,
Min of Def. are to be treated as
similar for implementation of CAT order dated 11.04.11 in OA 407/2009 in Govt.
of India, Min of Defence all departments.
Therefore it
is in the interest of justice, to protect the wasted right, i.e. their pay
fixation under FR 22(a), the grant of one increment as due and admissible in
the pay band concerned and considering the all Letters/Circulars/OMs/Orders of
various Ministries and Court Orders quoted in reference, it is requested to
give the proposal to Min. of Defence, DoP&T,
Min. of Law and Justice, Min. of Finance for general implementation of
orders considering similar cases for restoration
of pay on promotion to a post who have got promotion on or after 1.1.2006 to
29.08.2008 but are placed in the same revised pay scale due to acceptance of 6th
CPC recommendations from 1.1.2006 and merged afterward with re-designation as
Chargeman and Jr. Works manager.
Therefore, we humbly request your good office to
look into this matter on priority to forward
proposal for restoration of pay fixation on promotion from the post Chargeman
Gr.-II to Chargeman Gr.-I & Asst. Foreman/Foreman/Store Holder to Jr.
Work’s manager during the period 01.01.2006 to 29.08.2008.
Thanking you.
Encl: As above
Yours faithfully,
-Sd-
(JAIGOPAL
SINGH)
GENERAL SECRETARY
