No: AICAEA/HQ/A-18/2010/433 Dated: 29th October, 2010
The controller general of Accounts,
Ministry of Finance,
Department of Expenditure,
Subject: Upgradation in the Pay Scale of Stenographer.
Ref: - The order dated 04.03.08 passed by the Central Administrative Tribunal Principal Bench New Delhi in OA No 3&9 of 2008.
Enclosed please find the orders dated 04.03.2008 passed by the Central Administrative Tribunal, Principal Bench on the issue of grant of upgraded Pay Scales to the stenographers Grade-II. We had prayed for grant of same Pay Scales to stenographers Grade-II of subordinate offices as was granted to stenographers Gr. C of the Central Secretariat Viz-
Rs. 1640-2900 w. e. f. 01.01.86
Rs. 5500-9000 w. e. f. 01.01.96
Rs. 6500-10500 w. e. f. 15.09.06
The grounds on which we had sought the above relief were –
A. Because the parity of Pay Scales between the Stenographers Grade II of subordinate offices & the Stenographers Gr. 'C' of Secretariat was established when the government accepted the Award (vide annexure A-6) and issues orders dated 04/05/90 (vide Annexure A-7) which was disturbed by the subsequent orders vide Annexure A-1, Annexure A-2 & Annexure A-3.
B. Because this Hon'ble Tribunal in their judgment dated 19/01/96 in O.A. No. 144/93, 985/93 & 548/94 have laid down the following principles of Law:
"that in the situation indicated below Courts interference is necessary to undo the injustice and aggrieved employees have a right & the Courts have jurisdiction to remedy the unjust treatment meted out by arbitrary state action or inaction:-
(iii) After the recommendation of Pay Commission is accepted by the government, there is an unjust treatment by a subsequent arbitrary action/inaction. In other words the subsequent state action/inaction results in favourable treatment to same & unfavorable treatment to others."
That in this Case, by implementing the Award (vide Annexure A -6), The Government had accepted had there shall be parity in Pay Scale between stenographers Gr. II of subordinate offices & the stenographers Grade 'C' of the Secretariat.
However by subsequent actions (vide impugned orders Annexure A-1, A-2 & A-3) the Pay Scales of Stenographers Grade 'C' of the Secretariat only had been upgraded from Rs. 1400-2600 to Rs. 1640-2900 with effect from 901.01.86 Rs. 5500-9000 with effect from 01.01.86 and Rs. 6500-10500 with effect from 15.09.'06 while keeping the Stenographers Grade II of subordinate offices in the Pay Scale of Rs. 1400-2600 w.e.f. 01.01.06, Rs. 5000-8000 with effect from 01.01.96 onwards.
This discrimination and unjust treatment to Stenographers Grade II of subordinate offices has to be remedied by this Hon'ble Tribunal.
C. Because the V Central Pay Commission fully ignored the fact that some of the Stenographers Grade II of some subordinate offices had been granted the upgraded Pay Scale of Rs. 1640-2900 through Courts & recommended unmeant upgraded Pay Scale of Rs. 1600-2600 (Revised pay of Rs. 5000-8000 which was also prescribed for Rs. 1400-2600) thus introducing a discrimination amongst the Stenographers Grade II of subordinate offices in as much as-
Those who had gone to Courts were placed in the Pay Scale of Rs. 5500-9000 (Prerevised Pay Scale of Rs. 1640-2900) with effect from 01.01.96 & those who had not gone to Court were placed in the Pay Scale of Rs. 5000-8000 (Pre-revised Pay Scale of Rs. 1400-2600 or 1600-1660) with effect from 01.01.96.
This is violative of provisions of article 14 & 16 of the Constitution.
D. Because no specific reference of the above grievance has been made to the Sixth Central Pay Commission though advised by the Department of Expenditure. It will therefore not be examined by the said pay Commission particularly because the grievance relate to period prior to the date from which the recommendations of Sixth Pay Commission would be implemented.
E. Because the Government have failed to refer this matter of anomaly to the Arbitrator despite the fact that disagreement in this anomaly was recorded as back as 08/10/1999 (vide Annexure A-9).
The Hon'ble Tribunal, however, did not consider the application on merit at that stage as they wanted to wait for the recommendations of 6CPC.
The 6CPC has categorically recommended that there should be parity in pay scale up to level of Assistants between posts in Subordinate Officer & the Central Secretariat.
Enclosing herewith the OA filed by us, where may be treated as a part of this representation, I request you now to grant the-
Pay Scale Rs. 1640-2900 w. e. f. 01.01.1986
Pay Scale Rs. 5500-9000 w. e. f. 01.01.1996
Pay Scale Rs. 6500-10500 w. e. f. 01.01.2006
to the Stenographers Grade II of offices under your control.
Enclo: as stated above