Draft Representation for GP 5400
Some Comrades have called me and sought a draft letter for enabling them to give representations to the administration for fixation of GP 5400 in a uniform manner.
Accordingly, a draft letter is given below. The Court orders to be given as annexures are given above in the form of image files (pdf cannot be uploaded in the blog). They may be used for representing. The relevant pay fixation statement of individuals may be appended as Annexure C.
DRAFT LETTER:
From
To
The
Commissioner of Central Excise & GST,
Sir,
Sub:
- Refixation
of pay in terms of the Order of the Hon’ble Supreme Court in CA No. 8883/2011
dated 10.10.2017 - reg .
*******
The Hon’ble Supreme Court of India, vide
their order dated 10.10.2017 in Civil Appeal No. 8883 of 2011, after hearing
both sides, dismissed the appeal filed by the Government
of India against a judgement by the Hon’ble High Court of Madras dated
06.09.2010 in W.P.No. 13225 of 2010. (Copy of the Order of the Hon’ble Supreme
Court and that of the Hon’ble High Court enclosed as Annexure A & B for ease of reference).
2. The issue in dispute before the
Hon’ble Supreme Court, related to an interpretation of CCS (RP) Rules, 2008,
with regard to grant of GP of Rs. 5400/- in PB-2 to Group B officers in
Department of Revenue, Postal, etc, on completion of a continuous service of 4
years in GP of Rs. 4800/- in PB-2. The
Government had initially issued circular vide CBEC F.No.A.26017/98/2008-Ad.II.A
dated 21.11.2008 conveying the clarification of the Department of Expenditure
as below:
“4 year period is to be counted w.e.f the
date on which an officer is placed in the pay scale of Rs. 7500-12000
(pre-revised). Thus if an officer has completed 4 years on 01.01.2006 or earlier,
he will be given the NFU w.e.f. 01.01.2006.
If an officer completes 4 years on a date after 01.01.2006, he will be
given NFU from such date on which he completes 4 years in the pay scale of Rs.
7500-12000 (pre-revised)”
3. However subsequently, the CBEC vide
F.No.A.26017/98/2008-Ad.II.A dated 11.02.2009 altering the above stand in
consultation with the Department of Expenditure conveyed that:
“NFU to the GP of
Rs. 5400 in PB-2 can be given on completion of 4 years in regular service in
the GP of Rs. 4800 in PB-2 (pre-revised scale of Rs. 7500-12000) after
regular promotion and not on account of financial upgradation due to ACP.”
4. The above clarification dated 11.02.2009
which was contradictory to the Resolution dated 29.08.2008 of the Government of
India while implementing the CCS (RP) Rules, 2008 was challenged before the
Judiciary. The Hon’ble High Court of
Madras vide their judgement dated 06.09.2010 in W.P.No. 13225 of 2010 held that
a decision as conveyed in the clarification dated 11.02.2009 which was against
the clarification dated 21.11.2008 without amending the rules of the revised
pay scale, cannot be taken and accordingly ordered that the benefit be extended
on completion of continuous service of 4 years in the pay scale of GP. 4800/-
in PB-2 [Rs. 7500-12000 (pre-revised)] even
if it was attained on ACP and not regular promotion. This decision of the Hon’ble High Court of
Madras was challenged by the Union of India by way of an SLP which was
converted into a Civil Appeal.
5. The Hon’ble Supreme Court, by dismissing
the appeal filed by the UOI, has upheld the view of the Hon’ble High Court of
Madras that the GP of Rs. 5400/- in PB.2 has to be granted as per the CCS (RP)
Rules, 2008 and as per the GOI resolution on the subject, on completion of 4
years of continuous service in GP of Rs. 4800/- in PB-2 [Rs. 7500-12000 (pre-revised)], irrespective of whether the GP of
Rs. 4800 [Rs. 7500-12000
(pre-revised)] was gained by way of promotion or ACP/MACP, the
clarification dated 11.02.2009 has
become void and hence the clarification dated 21.11.2008 stands restored.
6. I have joined as _____________on ___________ and got my
ACP/MACP to the Grade Pay of Rs. 4800 in PB-2 on ______________vide
______________________________ (copy enclosed as Annexure C). As per the
circular dated 21.11.2008 cited above, I should have been placed on the GP of
Rs. 5400/- w.e.f ____________, on completion of continuous service of 4 years
in GP Rs. 4800/- in PB-2 [Rs. 7500-12000
(pre-revised)].
7. Hence, it is requested that my pay may
kindly be revised accordingly and consequential benefits be granted to me at
the earliest.
Yours
faithfully,
Encl:
Annexures A to C
Station:
Date:
(----------------------)
__________________
Good initiative.
ReplyDeleteBest of luck.
Good initiative.
ReplyDeleteBest of luck.
Excellent. Will be of help to everyone. Thanks
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