A complete reference blog for Indian Government Employees

Friday, 5 June 2015

Physically challenged candidate gets one-hour extra time for competitive exams

Physically challenged candidate gets one-hour extra time for competitive exams

Chennai, June 4 (PTI) The Madras High Court Thursday directed Tamil Nadu Public Service Commission (TNPSC) to grant an extra time of one hour to physically challenged persons appearing for the Group I written examination to be held from from June 5 to 7.

Justice D Hariparanthaman passed the order on a petition by R Ramesh, a physically challenged person, seeking extra time for the examination to be held over three days.

Earlier, TNPSC counsel Niraimathi submitted that an extra time of 30 minutes was granted to the physically challenged persons.

The Judge, however, directed the Commission to provide one hour extra time in the light of a September 29, 1993 Government Order issued by Social Welfare and Nutritious Meal Programme Department which provided for extra time of 50 per cent not exceeding one hour.

“When the GO provides extra time of 50 per cent not exceeding one hour to physically handicapped persons, TNPSC is not expected to say that only 30 minutes extra time would be granted,” the Judge held.

The petitioner, who holds an M SC degree and belongs to Scheduled Caste, had cleared Group I preliminary exam conducted by TNPSC in 2013 and he was affected by left hemiparesis, he would not be able to complete the written test in three hours.

He had sent a representation to TNPSC on April 10 seeking additional time for the examination but no order was passed by it either accepting or rejecting his request. Hence, he filed the present petition.

TST
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Merger and re-designation of various common category posts per 6th CPC recommendations: Ministry of Defence

Merger and re-designation of various common category posts per 6th CPC recommendations-Reg.

Office of the Controller General of Defence Accounts
Ullan Batar Road, Palam, Delhi Cantt-110010

AT/II/187/VI CPC/Orders/Vol-VI
Date: 01 June 2015
To,
All PCsDA/CsDA
All CsFA (Fys)/PCA (Fys)
(Through CGDA Mail Server)

Subject: Merger and re-designation of various common category posts per 6th CPC recommendations-Reg.

A copy of MoD F No. 410/2009-D (Civ-I) dated 01.05.2015 on the above subject is forwarded herewith for your information and necessary action at your end.
(V. K. Purohit)
For CGDA
F. No. 410/2009-D (CIV-I)
GOVERNMENT OF INDIA
MINISTRY OF DEFENCE
Sena Bhavan, New Delhi
Dated: 01st May 2015
To
The Chief of Army Staff,
The Chief of Air Staff,
The Chief of Naval Staff,
The DGOF.

Subject: – Merger and re-designation of various common category posts as per 6th CPC recommendations- Reg.

Sir,
In continuation of MOD letter of even No. dated 27th February 2013, on the subject mentioned above, the proposal regarding re-designation of various posts in Defence Establishments consequent upon their merger as per 6th CPC recommendations has further been considered and referred to Ministry of Finance, Deptt. of Expenditure through Integrated Finance for approval.

2. Ministry of Finance, Deptt. of Expenditure vide Ministry of Finance, Deptt. of Expenditure U.O. No.10 (6)/E/III.B/2012 dated 26th December 2014 and subsequent clarification furnished vide U.O. of even No. dated 7.4.2015 has intimated that the proposal has been examined in consultation with Deptt. of Personnel & Training, and approved the common designations of various cadres as under:-

Name of Office / Cadre Existing Designation Pre-Revised Pay Scale Revised pay Band / Grade Pay Revised Designation
1 2 3 4 5
Stenographer Cadre Steno Grade-I 5500-9000 PB-2 with GP Rs.4200 Stenographer Grade-I
Steno Grade-II 5000-8000
Steno Grade-III 4000-6000 PB-1 with GP Rs.2400 Stenographer Grade-II
Admn. Cadre Office Superintendent 5500-9000 PB-2 with GP Rs.4200 Office Superintendent
Assistant 5000-8000
Technical Cadre Chargeman Grade-I 5500-9000 PB-2 with GP of Rs.4200 Chargeman
Chargeman Grade-II 5000-8000
Tradesman Mate 2650-4000 PB-1 with GP Rs.1800 Tradesman Mate
Labourer/Mazdoor 2550-3200
Scientific Staff Scientific Asstt.II/ Junior Scientific Asstt.Gd.I 5500-9000 PB-2 with GP Rs.4200 Scientific Assitant
Scientific Asstt.III/ Junior Scientific Asstt.Gd-II 5000-8000
Telephone Operator Telephone Supervisor 5500-9000 PB-2 with GP Rs.4200 Telephone Supervisor
Telephone Operator Gd.I 5000-8000
Telephone Operator Gd.II 3200-4900 PB-1 with GP Rs.2000 Telephone Operator
Storekeeping Cadre Sr. Store Supdt/ Foreman of Stores/ Supervisor
Barrack/Stores Gd-I/ Storekeeper Gd.I Chargeman-II /Stores Chargeman-I
(Stores)
5500-9000 PB-2 with GP Rs.4200 Sr. Store Superintendent
Store Supdt. / Sr. Store Keeper /Supervisor
Barrack/Stores Gd.II / Storekeeper Gd.II / Chargeman-II (Stores_
5000-8000
Sr. Storekeeper /Storekeeper / Storekeeper Gd.III /
Supervisor (Store)
4000-6000 PB-1 with GP Rs.2400 Superintendent (Store)
Asstt. Storekeeper / Storekeeper / Storekeeper Gd-II 3050-4590 PB-1 with GP Rs.1900 Storekeeper
Civilian Motor Drivers Foreman of Transport 5500-9000 PB-2 with GP Rs.4200 Civilian Motor Driver (SG)
Civilian Motor Driver (SG) / Motor Transport Supervisor 5000-8000
Photographer Cadre Sr. Photographer Gr.I 5500-9000 PB-2 with GP Rs.4200 Senior Photographer
Sr. Photographer Gr.II 5000-8000
Technical Cadre Junior Works Manager/Foreman/Junior Technical
Officer/Shop Suptdt.
7450-11500 PB-2 with GP of Rs.4600 Junior Works Manager. Junior Technical
Officer/ Foreman (as per the functional requirement of Hqrs./ Dtes./Organisations)
Asstt. Foreman/ Asstt. Shop Suptd. 6500-10500
Scientific Staff JTO(S)/Sr. Scientific Asstt. 7450-11500 PB-2 with GP Rs.4600 Senior Scientific Assistant
Draughts man Cadre JTO(D) 7450-11500 PB-2 with GP Rs.4600  Model RRs for Draughtsman Cadre is being
examined by DOP&T in consultation with the UPSC and re-designation will
be in line with Model RRs to be finalised by DOP&T.
Chief Draughtsman 6500-10500
Draughtsman Gd.I 5500-9000 PB-2 with GP Rs.4200
Draughtsman Gd.II 5000-8000
Draughtsman Gd.III 4000-6000 PB-1 with GP Rs.4200
Official Language Staff Junior Hindi Translator 5000-8000 PB-2 with GP of Rs.4200 Junior Translator
Senior Hindi Translator 5500-9000 PB-2 with GP of Rs.4600 Senior Translator
Translation Officer/ Hindi Officer 6500-10500 PB-3 with GP of Rs.5400 Assistant Director (OL)

3. The above approval is subject to the following:
(i) It does not involve any change in pay scale in any manner whatsoever.
(ii) It does not require re-fixation of pay in case nor does it involve change in date of increment.
(iii) It does not disturb the next higher post in the hierarchical line of promotion, and
(iv) It does not entail any financial implication whatsoever in any form whatsoever.
4. The proposal with regard to continue with the nomenclature/ designations of Stenographer Cadre, Administrative Cadre, Technical Cadre (Chargeman, Tradesman Mate, Labour/Mazdoor) Scientific Staff, Telephone Operator, CMD Cadre and Photographer Cadre is subject to the condition that for the common category cadres where Model RRs are issued by the DOP&T, the re-designation will be as per Model RRs and no deviation in such common category posts is allowed.

5. This issues with concurrence of Ministry of Finance, Department of Expenditure vide their U.O. No.10(6)/E.III.B/2012 dated 26 Dec., 2012 and clarification dated 7th April 2015 and Defence (Fin./AG/PB) vide their Dy. No. 31/AG/PB dated 28th April, 2015.
Yours faithfully,
(Gurdeep Singh)
Under Secretary (CP)
Tel. No.2301 2414
Source: CGDA
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One Rank One Pension Formula May Be Similar to MP’s Pension Plan — CENTRAL GOVERNMENT EMPLOYEES NEWS

One Rank One Pension Formula May Be Similar to MP’s Pension Plan

New OROP formula may be similar to MPs’ pension plan

NEW DELHI: The government is working on a fresh option to resolve the ongoing stand-off over ‘one-rank-one-pension’ demand of ex-servicemen, sources said on Thursday.

According to a senior government official, they are working on a proposal that would be similar to the pension scheme for MPs. The scheme operates on a band concept, with additional money for each additional year of service.-

The proposal is to create pension bands for each rank, and then provide additional money for each extra year of service. So all officers who retire in a particular rank will be in the same band of pension, with the total pension payment going up according to the number of years he has spent in that rank.

“We are working out the fine details,” one source said. Senior government officials are thrashing out the finer details, and it would be presented to the representatives of ex-servicemen and the military brass.

The latest move comes even as ex-servicemen are continuing with their protests against what they feel is a huge let down by the Narendra Modi government, which had come to power promising to implement the OROP scheme.

Ex-servicemen, some of whom have begun to boycott government functions, are planning a major rally in New Delhi on June 14 to protest against the government failure to fulfil the promise.

Click to read more at Times of India
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Based on the Census of 2011 HRA and TA increased for Central Government employees from April 2014

Based on the Census of 2011 HRA and TA increased for CG employees for select cities

House Rent Allowance, Travel Allowance increased for select cities

Based on the Census of 2011, the House Rent Allowance and Travel Allowance for Central Government employees of a few cities are going to be hiked.

At the cabinet meeting, under the leadership of Prime Minister Narendra Modi, it was decided that, based on the Census report of 2011, the status of 29 towns and small towns is going to be upgraded. Central Government employees employed in these cities and towns will be eligible to grant revised House Rent Allowance and Rravel Allowance with effect from April 1, 2014. This would cost the government exchequer an additional Rs.128 crores annually.

House Rent Allowance to Central Government employees is now calculated on the basis of the population census of 2001. The cities and towns are classified as X, Y, and Z, based on their population. Employees in these towns are eligible for 30%, 20% and 10% House Rent Allowances respectively.

Population census is conducted once every ten years. The most recent census was held in 2011. Official information and findings of the Census was sent by the registrar General & Census Commissioner to the Finance Ministry a long time ago.
There is no denial in the fact that the Confederation of Central Government Employees has been constantly demanding this upgrading. The Confederation had, on 28.04.2014, sent a letter to the Finance Ministry. The letter said that even though the 2011 Census Report CD was received, there is no official announcement from the Government in this regard. The letter also demanded that a revised HRA and TA be implemented immediately in the reclassification of cities and towns on the basis of 2011 Census. On 30.07.2014, the Finance Ministry had, in reply to the mail, said that steps are being taken to implement the revised HRA and TA rates to the Central Government employees of these cities and towns.

S.No. City Revised Status Revised HRA Rate
1 Ahmadabad (UA) Y to X 20% to 30%
2 Pune (UA) Y to X 20% to 30%
1 Nellore (UA) Z to Y 10% to 20%
2 Gurgaon (UA) Z to Y 10% to 20%
3 Bokaro Steel City (UA) Z to Y 10% to 20%
4 Gulbarga (UA) Z to Y 10% to 20%
5 Thrissur (UA) Z to Y 10% to 20%
6 Malappuram (UA) Z to Y 10% to 20%
7 Kannur(UA) Z to Y 10% to 20%
8 Kollam (UA) Z to Y 10% to 20%
9 Ujjain (M. Coprn.) Z to Y 10% to 20%
10 Vasai-Virar City (M. Corpn.) Z to Y 10% to 20%
11 Malegaon (UA) Z to Y 10% to 20%
12 Nanded-Waghala (M.Corp.) Z to Y 10% to 20%
13 Sangli (UA) Z to Y 10% to 20%
14 Raurkela (UA) Z to Y 10% to 20%
15 Ajmer (UA) Z to Y 10% to 20%
16 Erode (UA) Z to Y 10% to 20%
17 Noida (CT) Z to Y 10% to 20%
18 Firozabad (NPP) Z to Y 10% to 20%
19 Jhansi (UA) Z to Y 10% to 20%
20 Siliguri (UA) Z to Y 10% to 20%
21 Durgapur (UA) Z to Y 10% to 20%
S.No. City Revised Status Revised TA Rate
1 Patna (UA) A1 to A Rs. 800 to Rs. 3200
2 Kochi (UA) A1 to A Rs. 800 to Rs. 3200
3 Indore (UA) A1 to A Rs. 800 to Rs. 3200
4 Coimbatore (UA) A1 to A Rs. 800 to Rs. 3200
5 Ghaziabad (UA) A1 to A Rs. 800 to Rs. 3200

[Note: The effective date of revision of HRA and TA on the basis of Census 2011 is slightly confused as 2014 or 2015. And Ghazidabad, Kannur and Jhansi also missed in the press release.

Source: 90paisa.org
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Status of Cadre Review Proposal as on 31th May 2015

Status of Cadre Review proposals processed in DoPT from 1st January, 2011 to 31th May 2015.

A. Approved by Cabinet

S. No. Name of the Service CRC* Meeting Cabinet Approval
1. CPWD Central Engineering Service, Central Electrical & Mechanical Engineering Service and Central Architecture Service 27th June, 2011 3rd January, 2012
2 Military Engineering Services (Indian Defence Service of Engineers, Architect Cadre and Surveyor Cadre) 22nd September 2011 and 23rd January 2012 18th April 2013
3. Indian Radio Regulatory Service 19th Feb. 2013 3rd July 2013
4. Indian Revenue Service 19th Feb 2013 and GoM** on 29th April 2013 23rd May 2013
5. Indian Customs & Central Excise 27th Aug. 2013 5th Dec. 2013
6. Indian Cost Accounts Service 29th October 2013 2nd January 2014
7. Central Labour Service 19th Feb. 2013 17th July 2013
8. Central Power Engineering Service 11th December 2013 13th May 2014
9. Indian Ordnance Factory Service 19th March, 2014 29th October, 2014
10. Indian Civil Accounts Service 17th July, 2013 16th January, 2015
11. Border Road Engineering Service 26th February, 2015 7th April, 2015
12. Defence Aeronautical Quality Assurance Service 8th January, 2015 6th May, 2015
*CRC – Cadre Review Committee **GoM – Group of Ministers

B. Pending Proposals

S. No. Name of the Service Status

(i) With Cadre Controlling Authority/Ministry Concerned – CRC meeting held but Cabinet approval pending (6)

1. Railway Protection Force CRC meeting held on July 29, 2013. Decision with the approval of MoS (PP) and FM has been communicated to the Ministry of Railways on October 9, 2013 for takinq Cabinet approval.
2. Indian Naval Material Management Service The CRC meeting held on 24th October, 2013. Comments of DoPT on Cabinet Note have been provided on 21st January, 2015.
3. Indian Statistical Service CRC meeting held on 24th June, 2014. Comments of DoPT on Cabinet Note have been provided on 27th February, 2015.
4. Indian Trade Service CRC meeting held on 06.05.2014. Approval of MoS (PP) and FM has been conveyed to Ministry of Commerce & Industry for taking Cabinet approval.
5. Indian Information Service CRC meeting held on 30.07.2014. Approval of MoS (PP) and FM has been conveyed to Ministry of Information & Broadcasting for taking Cabinet approval.
6. DGET & Women Training Directorate CRC Meeting held on 10.04.2015. Approval of MoS (PP) and FM has been conveyed to Ministry of Labour & Employment for taking Cabinet approval.

(ii) With Cabinet Secretariat (2)

7. Ministry of Micro, Small and Medium Enterprises (MSME) Approval of Secretary (P) & Secretary (Exp) has been obtained and the cadre review committee meeting is scheduled for 11.06.2015.
8. Indian Postal Service Approval of Secretary (P) & Secretary (Exp) has been obtained and the Note for cadre review committee has been sent to Cabinet Secretariat.

(iii) With Department of Personnel & Training (4)

9. Indian Telecom Service Proposal received on 13.05.2015 and is under examination
10. Central Reserve Police Force Proposal received on 21 .05.2015 and is under examination.
11. Indian Defence Accounts Service Proposal received on 22.05.2015 and is under examination.
12. Indian P&T Acctt. and Fin. Service The issue of cadre strength! creation of post has been received from DoE and the matter is under examination.

(iv) With Department of Expenditure (8)

13. Indian Railways Personnel Service The issue of Work Charge posts has been referred to DoE.
14. Indian Railways Accounts Service -do-
15. Indian Railways Stores Service -do-
16. Indian Railways Service of
Signal Engineers
-do-
17. Indian Railways Service of
Electrical Engineers
-do-
18. Indian Railways Traffic Service
19. Indian Railways Service of
Mechanical Engineers
-do-
20. Indian Railways Service of
Engineers
-do-

(v) With Ministry concerned for clarifications (2)

21. Indian P&T Building Works Clarifications are awaited from DoT.
22. Central Engineering Service (Roads) The Proposal was received on 24.04.2014 but lacked many essential information. Clarifications were sought from MoRTH, and based on reply received on 16.10.2014 a revised structure was proposed and sent to MoRTH for their comments. Reply from MoRTH is awaited.

Note:
1. In all the remaining cadres, letters have been written to the Cadre Controlling Authorities to send the cadre review proposals for the services/cadres pertaining to their departments.
2. By letter dated 20th April 2015 suggestions have been invited from the cadre Controlling Authorities on Cadre Review on email id singh.mona@nic.in
3. A presentation dated 19th December 2014 on “Reforming Personnel management in Gujarat” has been uploaded on the site for information as it contains many new initiatives of the Government of Gujarat. Slide number 16-47 has the details of restructuring and the recruitment calendar. The link is http://persmin.gov.in/DOPT/CSWing/CRDivision/HRReforms_Guj.pdf.

Source: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/3105.pdf
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Constitution of a Committee to monitor the progress in filling up of vacancies of persons with disabilities

Government of India Constituted a Committee to monitor the progress in filling up of vacancies of persons with disabilities. DoPT Order reproduced below:
Immediate/Court Matter
No.36012/39/2014-Estt.(Res.)
Government of India
Ministry of Personnel. Public grievances and Pensions
(Department of Personnel & Training)
North Block, New Delhi-110 001
22nd May 2015
ORDER

Subject: Constitution of a Committee to monitor the progress in filling up of vacancies of persons with disabilities
The Hon’ble Supreme Court in its interim Order dated 24.3.2015 and 28.4.2015 in Contempt Petition No.49912014 in Civil Appeal No. 9096/2013 filed by the National Federation of Blind Vs Secretary, Department of Personnel and Training had directed that immediate steps be taken by the Government to expedite the process of filling up of vacancies already identified for persons with disabilities.
2. The Government has now decided to constitute an inter-ministerial Committee with the following composition, to monitor the progress in filling up of vacancies of persons with disabilities reported to the Hon’ble Supreme Court
(i) Additional Secretary (S&V), Department of Personnel and Training Chairman
(ii)  Joint secretary. Department of Empowerment of Persons with Disabilities Member
(iii) Deputy Chief Commissioner, Office of Chief Commissioner for Persons with Disabilities Member
(iv) Representative of Ministry of Railways at Joint Secretary level Member
(v) Joint Secretary, Department of Financial Services Member
(vi) Joint Secretary .Department of Defence Member
(vii) Joint Secretary , Department of Defence Production Member
(viii) Joint Secretary . Department of Public Enterprises Member
(ix) Additional Secretary, UPSC Member
(x) Member, SSC Member
(xi) Joint Secretary (AT&A), Department of Personnel and Training dealing with reservation for Persons with Disabilities Member Secretary
The Chairman shall have power to co-opt or exclude the representative from any Ministry/ Department/ Organisation.
3. The Terms of Reference of the Committee would be as under:
(a) the Committee shall meet at least once in a month;
(b) the committee would monitor the progress in filling up of vacancies of persons with disabilities reported to the Hon’ble Supreme Court, to ensure that appropriate action is taken for filling up such vacancies in the scheduled time frame.
The secretarial services to the Committee would be provided by the Department of Personnel and Training.

(G. Srinivasan)
Deputy Secretary to the Government of India
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Central Secretariat employees demand timely promotions

Central Secretariat employees demand timely promotions

Central Secretariat employees have demanded removal of stagnation in Services and facilitation of timely promotions.
Central Secretariat employees demand timely promotions
Central Secretariat employees have demanded removal of stagnation in Services and facilitation of timely promotions. A deputation of “Central Secretariat Services Forum” led by its Convenor, Shri D.N.Sahoo called on Dr Jitendra Singh, Minister of State Personnel, here today and thanked him for his positive and cooperative response to all their grievances in the past one year and expressed the hope that he would also find a way out to overcome the anomaly in Services which has been adversely affecting them for the last several years. They also handed over a memorandum to him.

Dr Jitendra Singh assured that the problems and grievances faced by the employees will certainly be resolved and observed that the Department of Personnel & Training (DoPT) had, on his instructions, sent a favourable proposal in support of their demands but there were certain technical queries from the Finance Ministry which are also in the process of being replied.

Dr Jitendra Singh said the Modi Government took over with a pledge for ‘maximum Governance, minimum Government’ and adopted several radical measures to simplify governance and provide a comfortable and work-friendly environment for its officials. It is in the same spirit that the officials of different Secretariat Services are also intended to be made comfortable and achieve a sense of esteem through timely promotion and befitting status in their service career, he added.

The members of the deputation submitted to Dr Jitendra Singh that as per the Central Secretariat Service Rules, promotion from Under Secretary to Deputy Secretary, for example, requires only five years of approved service in a total of about 30 years of service period but the irony is that several of the employees who have already put in 20-22 years of service are still awaiting promotion and many of them attain superannuation as Under Secretaries or even Section Officers. They said that since there is no financial implication involved and Dr Jitendra Singh has the reputation of being sympathetic to the cause of employees, it is hoped that their grievances will be addressed in the justify earnest.

Among the members of the deputation were S/Shri Pradeep Kumar Singh, R.P.Gupta, V.Sreekumar, Mrityunjay Jha, Ashok Kumar, Manoj Kumar Singh, Brajesh Sikka, Kumar Manoj Kashyap, R.P.Sati, Ujjwal Kumar and P.K.Sharma.

Source: PIB News
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Prime Minister declared once again that OROP is a finalized issue.

OROP continues to make headlines
“Prime Minister declared once again that OROP is a finalized issue.”
News continues to surface regarding the One Rank One Pension (OROP) scheme, which is eagerly being awaited by lakhs of ex-servicemen and their families all over the country.

For more than thirty years now, the Central Government continues to struggle to implement the OROP scheme. There were rumours that Prime Minister Narendra Modi might make announcements regarding this at the first year celebrations rally that was held in Mathura. But, nothing happened.

Recently, in his radio address, he declared once again that OROP is a finalized issue. More time was needed to deal with the hurdles that could crop up during the implementation of the scheme. He reassured the ex-servicemen that it was only a matter of time before the scheme was announced. He accused the opposition parties of making this a political issue. “This is an issue with a lot of confusions and there are a number of practical difficulties in implementing them. Please wait for some more time and I shall present it to you,” he said.
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Whether a person retiring from a higher grade can receive pension less than a person retiring in the lower grade ? – Hon’ble High Court of Patna decides that pension of person retiring from higher grade has to be stepped up

Whether a person retiring from a higher grade can receive pension less than a person retiring in the lower grade ? – Hon’ble High Court of Patna decides that pension of person retiring from higher grade has to be stepped up

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10757 of 2010

M.M.P. Sinha, S/o Late Justice B.P. Sinha A Retired Railway Servant, R/o ‘Vishnupada’, Nageshwar Colony, Boring Road, Patna-800001
…. …. Petitioner/s
Versus
1. Union of India, Through Secretary, Department of Expenditure, Ministry of Finance, North Block, Raisina Hills, New Delhi
2. Ministry of Personnel, Public Grievances and Pension Through The Secretary, Department of Pension and Pensioner’s Welfare Lok Nayak Bhawan, Khan Market, New Delhi
3. Ministry of Railways Through Chairman, Railway Board, Rail Bhawan, New Delhi
4. Railway Board, Through Secretary, Rail Bhawan, New Delhi
…. …. Respondent/s
Appearance :
For the Petitioner : Mr. M.M.P. Sinha (In Person)
For the Railways : Mr. D.K. Sinha, Sr. Advocate, Mr. Anil Singh.
For the Union of India : Mr. Sanjay Kumar, A.S.G.
CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH
and
HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH)
Date: 18-05-2015

A very simple but ticklish issue arises in this writ petition. The issue is whether a person retiring from a higher grade can receive pension less than a person retiring in the lower grade. Is it not arbitrary and in view of the Judgment of the Hon’ble Apex Court in the case of Union of India and Another Vrs. SPS Vains (Retd.) and Others since reported in (2008) 9 SCC 125, the pension of the person in the higher grade would have to be stepped up accordingly.

The contesting respondents are the Union of India through the Secretary, (Department of Expenditure), Ministry of Finance, Ministry of Personnel, Public Grievances and Pension as also Ministry of Railways through the Chairman and the Secretary. There are supplementary affidavit, counter affidavit and supplementary counter affidavit after several adjournments.

We have heard learned counsel for the writ petitioner, who appears in person, and learned counsel for the Union of India as well as Railways.

The facts are not, at all, in dispute. The petitioner retired in 1992 from the services of Indian Railways as Additional General Manager, Eastern Railway, Kolkata. At the time of his retirement, he was an officer in Higher Administrative Grade (HAG). Let it be noted that Government of India classified its staff in 33 scales and one exclusive scale for Cabinet Secretary. In so far as relevant S-28, S-29, S-30 and S-31 are scales corresponding to Selection Grade, Senior Administrative Grade, High Administrative Grade and High Administrative Grade+. As per recommendation of the 6th Pay Commission, Central Government declared scale for PB-4 which was for Selection Grade [SG] (S-28), Senior Administrative Grade [SAG] (S-29), High Administrative Grade [HAG] (S-30) as 37,400- 67,000 but provided for Grade Pay for each scale separately at 8,700; 10,000 and 12,000 respectively. But later S-30 was taken out of PB-4 and a separate pay band was provided for it being HAG Scale 67,000-79,000 but while doing so vide circular of Ministry of Railways dated 26.05.2009 Grade Pay of 12,000 for HAG was removed.

As the petitioner had retired in 1992, as per Railway Board’s notification, petitioner’s notional pay was fixed at the minimum of HAG (S-30) being 67,000 without Grade Pay. The result was his pension was then fixed at 50% thereof being 33,500. On the other side, a person in (SAG) Grade S-29, which is an inferior and feeder grade for S-30, the Pay Band is 37,400-67,000 but there is a Grade Pay entitlement of Rs. 10000/-. Accordingly, petitioner points out that the maximum pension that can be paid in Grade S-29 would be Rs. 67000 + 10000 = 77000/- and half of it (50%) would be Rs. 38,500/-. Thus, seen on the face of it, a person retiring in Grade S-29 at the maximum scale would get not only higher remuneration but consequently, higher pension than Grade S-30, for which it was feeder post both in terms of remuneration and pension. This is hostile discrimination, arbitrary and improper. Briefly submitted a junior cannot get higher remuneration or pension than a senior. In order to contradict the objection of the Central Government and the Indian Railways that this is mere a theoretical submission, petitioner has filed a supplementary affidavit giving facts and figures. He has given names and designations of at least three officers of the Railways, who have retired on different dates in the Senior Administrative Grade with Grade Pay in the scale of S-29 as against the petitioner, who was in the Higher Administrative Grade. They are receiving pension between Rs. 35690/- and Rs. 36640/-. Even though he is of Higher Administrative Grade, his pension is fixed at maximum of Rs. 33500/-. He has then in the said supplementary affidavit given names of at least eight other persons, who again would be retiring from Senior Administrative Grade in near future and their pension would ordinarily be at Rs. 38500/- as against the petitioner of Rs.33500/-. Petitioner, thus, in theory and practical, has shown the discrepancy i.e. capable of happening and also happening. In fact, he submits that this is a clear case of impermissible discrimination and is violative of Article 14 of the Constitution of India.
There is no counter affidavit filed on behalf of the Government of India in the Department of Public Grievances and Pension. There is counter affidavit and supplementary counter affidavit by the Railways but it seems Railways have been entrusted to defend the case by the Government of India. Their only defence is that petitioner had retired prior to 2006 whereas; the cases illustrated by him, are cases of persons, who retired after 01.01.2006 or are yet to retire. This, accordingly, is reasonable classification for lower pension in the higher Grade.

In other words, the only explanation given is retirement at different times but there is no explanation as to why a person of a higher grade will get pension less than of a junior grade. The factual assertion of this dichotomy, as pointed out by the petitioner, has not been challenged. It is submitted that earlier for Grade S-30, there was a Grade Pay of Rs. 12000/- So long as the Grade pay was there, there was no problem as the maximum pay entitlement of S-29 would be Rs. 67000 + 10000 = 77000/whereas; the minimum of S-30 would be Rs. 67000 + 12000 = 79000/-. Therefore, there would always be a difference in between two. But when the Central Government in 2009 decided to remove the Grade Pay for S-30 and onwards there would be a clear dichotomy when pension calculations are made, as shown above.

The petitioner has further brought to our notice to a very unhappy situation that would also arise. The maximum pay, as noticed above, of S-29 would be Rs. 67000 + 10000 = 77000/- A person, who is in S-29 reaching the maximum level is then promoted to Higher Administrative Grade from Senior Administrative Grade. In S-30, there being no Grade Pay, he would come to the basic pay of that grade i.e. 67000/-. Effectively, his remuneration upon promotion would stand reduced by Rs. 10000/- and in such an event, he would have to be given a pay protection upon promotion because in absence thereof, the result would be quite ridiculous. It is direct consequence of this that there is anomaly in pension.Respondents’ only defence is that this anomaly is inherent in the system and inherent in the pay and pay structure as fixed with effect from 01.01.2006. The question is whether inherent, apparent or latent discrimination is permissible. In our view, the short answer is that it cannot ever be permissible. A person in the Higher Administrative Grade cannot draw less remuneration or less pension than a person of the Senior Administrative Grade which grade is the Feeder Grade for the Higher Administrative Grade.This is exactly what is happening in the present case. This is exactly what has been deprecated by the Hon’ble Apex Court in the case of Union of India and Another Vrs. SPS Vains (Retd.) and Others (Supra). There it was noticed that the Brigadier in the Army was receiving higher pension than the Major General. Brigadier, is the Feeder post for Major General. The Hon’ble Supreme Court held that the only way out for the Central Government was to step up the pension of Major General so that this discrimination of junior getting higher pension than a Senior is removed.

Neither learned counsel for the Union of India nor the counsel for the Indian Railways is able to distinguish the said decision of the Hon’ble Apex Court. Apart from saying that the said decision was based on pay basic scale, service conditions of defence services which are different from other civil services, there was no other distinction. It is the principle of law decided that is to be considered. The principle of law, as decided by the Hon’ble Apex Court, is plain and simple; that a senior officer cannot get pension less than his junior. If that be, the effect of pay fixation than the pension would have to be stepped up to avoid such hostile discrimination. There was no consideration of defence service or any special feature of defence service as distinguishing civil services. The distinction pointed out is illusionary.

Hence, having considered the matter, the facts not being in dispute, as noted above, and the law not being in disputed, as noted above, the result is that the writ petition must succeed and the Judgment and order of the Central Administrative Tribunal, Patna Bpench, Patna has to be set aside. It has to be held that the basic pension of the petitioner with effect from 01.01.2006 has to be stepped up to Rs. 38,500/- to avoid discrimination. Respondent no.3, Ministry of Railways through the Chairman Railway Board and Respondent no.4, Railway Board through Secretary are given three months time to calculate the arrears of pension accordingly and pay the same within the said period.
This writ petition is, accordingly, allowed.
(Navaniti Prasad Singh, J.)
(Rajendra Kumar Mishra, J.)
Shail/A.F.R.
Download Judgement dated 18.05.2015
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