I , As per the The Central Civil Services (Classification, Control & Appeal) Rules, 1965 and [Deptt. Of Personnel & Training Order No. 13012/1/98-Estt. (D) dated 20.04.1998] , the following classification is made:
Sl. No. Description of Posts Classification of posts
1. A Central Civil post carrying a pay or a scale of pay with a maximum of not less than Rs. 13,500 Group A
2. A Central Civil post carrying a pay or a scale of pay with a maximum of not less than Rs. 9,000 but less than Rs. 13,500 Group B
3. A Central Civil post carrying a pay or a scale of pay with a maximum of over Rs. 4,000 but less than Rs. 9,000 Group C
4. A Central Civil post carrying a pay or a scale of pay the maximum of which is Rs. 4,000 or less Group D
II. As per the V Pay Commission Inspectors of Central Excise are placed in the scale of 5500-9000 and Superintendents are placed in 6500-10500.and by virtue of above classification the posts both Inspectors and Superintendents are classified as Group ‘B’ officers.
The pay scales of Inspectors as well as Superintendents are revised to 6500-10500 and 7500-12000 respectively w.e.f. 21.4.2004 vide F.No.A-26017/65/2003-Ad.II-A(Pt.) dated 11.4.2004 and both the scales continued to be classified as Group: ‘B’.
As per the ACP order 1999 after 12 years of regular service the Inspectors of 6500-10500 in Group ‘B’ cadre are placed in the scale of 7500-12000 which is again a Group ‘B’ cadre.
III, As per Clause (x)(e) of the Govt. of India Resolution dated 29.8.2008, “Group B officers of the Department of Posts, Revenue, etc will be granted Grade Pay of Rs. 5,400 in PB-2 on non-functional basis after 4 years of regular service in the Grade Pay of Rs.4800 in PB-2.(ie. Pre-revised scale of 7500-12000)
Therefore the Inspectors who are in Group ‘B’are entitled to a Grade Pay of 5400 in PB-2 after 4 years of regular service in the scale of 7500-12000 in Group ‘B’ cadre.
IV, As per Part-C, Section-II of the CCS(Revised Pay) Rules, 2008 dated 29.8.2008 under the heading Department of Revenue, , at Sl.No.9, it is indicated that Superintendents, Apprisers etc.shall be granted Grade Pay of 5400 in PB-2 after 4 years of Service.
Under any circumstances the above rule framed can not alter the resolution which is passed by Govt. of India and the Rules framed are required to be within the frame work of the ‘Resolution’ passed.(Since it is stated ‘etc.’ this is not a restricted clause, etc. covers the other category of officers ie. Inspectors of C.Ex, Customs. and Income Tax with ACP. There is no other category which is coming under etc. )
V, A clarification dated 21.11.2008 was issued to grant Grade Pay of 5400 to after the officers in Group ‘B’ completes 4 years regular service from the date the officer is placed in 7500 scale ( This is in line with the Resolution)
VI, Another clarification issued vide order dated 11.2.2009 denying the Grade Pay of 5400 to the ACP Inspectors. (To be challenged)
VII, Again a clarification was issued on 16.9.2009 granting Grade Pay of 5400 to the Supdts/Appraisers after 4 years from the date of promotion irrespective of the scale they are holding. This is totally in contrary to the Resolution dated 29.8.2008 as well as clarification dated 21.11.2008 (To be challenged)
Since Inspectors are classified as Group ‘B’ officers since 1998 and are placed in 7500 scale (4800 Grade Pay) on giving ACP and also while fixing pay as on 1.1.2006 we are placed in 4800 Grade pay(pre revised 7500) no doubt we are eligible for Grade pay of 5400 after 4 years from the the date of ACP.
The Board or DOPT is not empowered to amend the Notification issued by President of India and published in Gazette of India by way of clarification.
No where in the Revised Pay Rules 2008 and the Resolution published under Gazette of India state “ the ACP Inspectors are not entitled for Grade Pay of 5400”.
The CAT Chennai or Ernakulam are silent on this issue. No department can stop giving 5400 grade pay to ACP inspectors in violation of above Resolution and Revised Pay Rules2008.
Under these grounds the OA is being prepared and will be filed in CAT Hyderabad. I also request ACP Inspectors of other states especially from Delhi to file OA in CAT Principal Bench New Delhi as the same has given many favorable orders to employees.(Example OA 164/2009)
All are requested to comment on the above position and give their valuable suggestions, so that the case in CAT Hyderabad is not defeated