Central Administrative Tribunal
Principal Bench, New Delhi.
OA-2982/2010
Reserved on : 12.03.2012.
Decided on : 16.03.2012.
Hon ble Sh. G. George Paracken, Member (J)
Hon ble Dr. A.K. Mishra, Member (A)
1. Sh. Rameshwar Prasad,
S/o Sh. Kali Ram,
R/o 1497, Kalyan Vas,
Delhi and working as Cook,
Posted at Deaf & Dumb, Delhi Gate.
2. Sh. Bilochan Singh,
S/o Sh. Belam Singh,
R/o S-2, Block No.6, Kalyan
Vas, Delhi, working as cook,
Presently posted at OHB-II,
Kingsway Camp, Delhi.
3. Sh. Nanda Ballabh,
S/o sh. Lakshmi Pati,
R/o Quarter No.1152, Type-II,
Delhi Administration Flats,
Gulabi Bagh, Delhi and working as
Cook, presently posted at HMB(D),
Sewa Kutir, Kingsway Camp, Delhi.
4. Smt. Mohini Devi,
W/o Sh. Shri Ram,
R/o Quarter No. 365, Type-I, Delhi
Administration Flats, Gulabi Bagh
Delhi and working as Cook, presently
Posted at OHB, Sewa Kutir, Kingsway Camp,
Delhi.
5. Sh. Suresh Ram,
S/o Sh. Lalu Ram,
R/o Quarter No. F-2, Type-I,
Block No.7, Kalyan Vas,
New Delhi and working as Cook,
Presently posted at Blind Hostel, Sewa Kutir,
Kingsway Camp, Delhi.
6. Sh. Dheer Singh,
S/o late Sh. Raghubir Singh,
R/o H.No.117, Gali No.8, Ganga Sai
Colony, Vill: Mandola, Delhi and working
as Cook, presently posted at HLTB, Sewa Kutir,
Kingsway Camp, Delhi.
7. Sh. Amar Singh,
S/o Sh. Budh Singh,
R/o Quarter No. 804, Type-I,
Delhi Administration Flats,
Gulabi Bagh Delhi and working as
Cook, presently posted at CHB, Lajpat
Nagar, New Delhi.
8. Sh. Ravinder Kumar,
S/o sh. Kishan Lal,
R/o Shakti Colony, Nai Basti,
Gali No.6, Arya Samaj Mandir,
Sewa Kutir, Kingsway Camp, Delhi.
9. Smt. Munni Devi,
W/o sh. K.B. Masiwal,
R/o H.No.1533, Block No.16, Kalyan Vas,
Delhi and working as Cook, presently posted
at Sanskar Ashram, Social Welfare Deptt.,
Govt. of NCT of Delhi.
10. Smt. Asha Devi,
W/o Sh. Ashok Kumar,
R/o Q.No. 1753, Type-II, Delhi Administration
Flats, Gulabi Bagh, Delhi, and working as
Cook, presently posted at S.H.M.R. Avantika,
Delhi.
11. Sh. Khem Singh,
S/o Sh. Dhan Singh Gosai,
R/o Q.No. 512, Type-I, Delhi Administration
Flats, Gulabi Bagh, Delhi and working as
Cook, presently posted at HMB(D), Sewa
Kutir, Kingsway Campt, Delhi.
12. Sh. Rajesh Kumar,
S/o sh. Lakhi Ram,
R/o 3336, Kucha Kanch Gira,
Bazar Sita Ram, Delhi and working as
Cook, presently posted at HLTB, Sewa
Kutir, Kingsway Camp, Delhi.
13. Ms. Ram Bai,
D/o late Sh. Kamal,
R/o C-23, Gokalpuri, Delhi and
Working as Cook, presently posted
At Sanskar Ashram, Kingsway Camp,
Delhi.
14. Sh. Vinod Kumar,
S/o Sh. Hari Prasad,
R/o A-1/123, Lincy Enclave, Vikas
Nagar, Delhi and working as Cook,
Presently posted at HMRP(A&C),
Avantika, Delhi.
15. Sh. Jashpal Singh,
S/o Sh. Madho Singh,
R/o B/161/17, Khajoori Khas,
Delhi and working as Cook, presently
Posted at OHB-II, Sewa Kutir,
Kingsway Camp, Delhi.
16. Smt. Mahander kaur,
W/o late Sh. Kulwant Singh,
R/o S.s. Colony, H.No.175, West
Punjabi Bagh(Madipur), Delhi and
Working as Cook, presently posted at
HMB(D), Sewa Kutir, Kingsway Camp,
Delhi.
17. Sh. Madan Lal,
S/o late Sh. Khojera Ramji,
R/o 10028, Patel Gali No.2, Gandhi Nagar,
Delhi and working as Cook, presently
Posted at HLTB, Tahilpur, near Nandnagri, Delhi.
18. Smt. Sharda Devi,
W/o sh. Vishnu Prasad,
R/o 889, E Block, Pratap Vihar,
Ghaziabad and working as Cook,
Presently posted at Bal Grah, Second,
Lajpat Nagar, New Delhi.
19. Sh. Naresh Kumar,
S/o Sh. Laikh Ram,
R/o Vill & P.O:Tuliyama,
Distt:Rohtak, Haryana and
Working as Cook, presently posted
At Asha Kiran Complex, HMPRP(A),
Avantika, Rohini Sector-1, Delhi. . Applicants
(through Sh. S.S. Tiwari, Advocate)
Versus
1. Govt. of NCT of Delhi, through
Chief Secretary,
Govt. of NCT of Delhi,
New Sectt., near Indira Gandhi Stadium,
I.P. Estate, New Delhi.
2. Director,
Deptt. of Social Welfare & Woman & Child Welfare,
Govt. of NCT of Delhi,
GLNS Building, Delhi Gate, New Delhi.
3. Joint Director (Admn),
Deptt. of Social Welfare & Woman & Child Welfare,
Govt. of NCT of Delhi,
GLNS Building, Delhi Gate, New Delhi. . Respondents
(through Mrs. Sumedha Sharma, Advocate)
O R D E R
Dr. A.K. Mishra, Member (A)
The applicants were appointed as Group-D Cooks in the respondent department on different points of time. They were getting originally the pay scale of Rs.200-250. It was revised to Rs. 800-1150 from 01.01.1986 and then to Rs. 2610-4000 w.e.f. 01.01.1996. Consequent on the implementation of the recommendations of the VIth Central Pay Commission, the applicants have been given the pay scale of Rs. 5200-20200 with the grade pay of Rs.1800 w.e.f. 01.01.2006.
2. Although the applicants have sought for pay parity with similar employees appointed cases in other departments even from the time the IV Central Pay Commission recommendations were implemented from 01.01.1986, at the time of hearing, learned counsel for the applicants confined his arguments to grant of grade pay of Rs.1900 which is made available to the other Group-C employees of the Government w.e.f. 01.01.2006. He draws our attention to the Notification of Department of Personnel & Training dated 15.10.2008 (Annexure RA-I, page-82) where the grade pay of Rs.1900 has been given to Assistant Halwai-cum-Cook with the pay scale of Rs.5200-20200 w.e.f. 01.01.2006. At the same time, in the same very Office Memorandum, it has been mentioned that all the existing Group-D Canteen employees are to be placed in Pay Band-I carrying pay scale of Rs.5200-20200 with the grade pay of Rs.1800.
3. It is the contention of the learned counsel for the applicants that the distinction of Group-C and Group-D employees has been done away with after recommendations of the VIth Pay Commission recommendations were implemented. At present, there are no more Group-D employees as this category is merged with Group C category. In that view of the matter, he contends that the applicants, who were originally Group-D Cooks, should now be considered to be equivalent to Assistant Halwai-cum-Cook mentioned under Group-C category of posts and given the grade pay of Rs.1900.
4. Since the hearing was confined to the grievance of the applicants for grant of grade pay of Rs.1900 upon implementation of the recommendations of the VIth Central Pay Commission, the other relief sought by them for grant of pay parity with others since 01.01.1986 was not considered by us.
5. The grant of pay scale and corresponding grade pay to erstwhile Group-D Employees is governed by the aforesaid O.M. dated 15.10.2008 and the Notification dated 29.08.2008 about Central Services Revised Pay Rules, 2008. Learned counsel for the respondents draws our attention to the Revised Pay Rules along with the clarification about the formula for fixation of pay in the Revised Pay Structure of Pay Bands and Grade Pay. These are annexed at pages 173 onwards (pages 7 to 10 of the additional affidavit filed by them on 19.01.2012).
6. For better appreciation, the formula mentioned at pages 9 & 10 of the additional affidavit are extracted below:-
Sl. No. Recommendations of the Sixth Pay Commission Decision of the Government
(ii) a) Though -1S pay scale is not a regular pay scale, initially all Group D employees shall be placed in the -1S pay scale with appropriate grade pay. This pay scale has been devised mainly for the purpose of initial fixation of pay of the Group D employees who had already been recruited on a regular basis as on the date of implementation of this recommendation by the Government.
b) Thereafter, such of those Group D employees as already possess the revised minimum qualifications prescribed for entry into the Group C pay band along with a grade pay of Rs.1800 would be placed in that grade (i.e. pay band of Rs.4860-20200 along with a grade pay of Rs.1800) with effect from 1.1.2006.
c) Such of those existing Group D employees who do not possess the minimum qualifications prescribed would need to be retrained and a training package would need to be evolved separately for each of the individual Ministry/Department/ Organisation keeping in view their specific needs. After Re-training with emphasis on multi-skilling, the Group D staff will be placed in the Pay Band PB-1 Pay Band, this category of Group D staff that already possessed the minimum prescribed qualifications and were, therefore, placed in the PB-1 Pay Band immediately.
f) Inter-se seniority of all the employees in erstwhile Group D will be fully maintained with Group D employee in a higher Fifth CPC pay scale being placed higher vis-`-vis an employee in a lower pay scale. Within the same pre-revised pay scale, the seniority will be fixed on the basis of date on which the person came to be placed in that pay scale.
g) Arrears shall be payable with effect from 1.1.2006 in both the cases: to those Group D employees who possess the prescribed qualifications and those Group D employees who do not possess the prescribed qualifications. Retraining of the latter should preferably be completed with in a short period, say 6 months, so that fixation in pay band PB-I and payment arrears of salary is not unduly delayed. Accepted
Accepted with the modification that PB-1 will be Rs.5200-20200.
Accepted with the modification that PB-1 will be Rs.5200-20200.
Accepted
Accepted
7. As would be clear from the clarifications extracted above, all erstwhile Group-D employees shall be placed in the Pay Band-I, pay scale of Rs.5200-20200 if they possess the minimum qualification prescribed for entry into Group-C pay band along with grade pay of Rs.1800. It is not disputed that the applicants have been given the pay scale of Rs.5200-20200 with Pay Band of Rs.1800. It is further mentioned that such of the employees who did not possess minimum qualification should be trained and will be placed in the same pay scale. Inter-se seniority of the erstwhile Group D employees will be maintained keeping in view the pay scales received by them prior to pay revision.
8. Learned counsel for the applicants drew our attention to Clarification No.g according to which arrears will be payable w.e.f. 01.01.2006. According to him, this clarification will become meaningless if after training higher grade pay is not given to the applicants. We are unable to appreciate this logic. There is no mention that after training the erstwhile Group-D employees will be given the Grade Pay of Rs.1900 which is applicable to erstwhile Group-C employees.
9. It is not disputed that the pay scale of Rs.5200-20200 with Grade Pay of Rs.1800 is a pay scale applicable to Group-C employees. It is also not disputed that the applicants were erstwhile Group-D employees and therefore covered by the formula which has been notified along with the Revised Pay Rules of 2008. The Office Memorandum dated 15.10.2008 refers to the Grade Pay of Rs.1900 only in respect of the erstwhile Group-C posts including the post of Assistant Halwai-cum-Cook. It is not the case of the applicants that they were in Group-C category before implementation of recommendations of VIth Central Pay Commission. Therefore, the respondents have correctly given them pay scale of Rs.5200-20200 with the Grade Pay of Rs.1800. Therefore, we do not find merit in this O.A. to issue any further direction to the respondent authority. The O.A. is accordingly dismissed. No costs.
(Dr. A.K. Mishra) (G. George Paracken)
Member (A) Member (J)
/Vinita/
