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Judgment
L. Narasimha Reddy, J
The applicants were working as Assistant Directors Grade-II in the Central Electricity Authority, the 2nd respondent herein. As a consequence of the acceptance of the recommendations of the 6th CPC, they were placed in the Pay Band-2 with Grade Pay of Rs.4800. The Ministry of Finance passed a Resolution on 29.08.2008, in the context of acceptance of the recommendations of the 6th CPC. It was mentioned that the Group 'B' officers in Departments of Posts, Revenue etc., would be placed in Grade Pay of Rs.5400 in PB-2 on non-functional basis on completion of four years of regular service in the Grade Pay of Rs.4800 in PB-2.
The applicants contend that though they were covered under the said clause, the benefit was not extended to them. They made representation in this behalf and the same was rejected through an order dated 17.05.2012.
This OA is filed with a prayer to extend the benefit of Grade Pay of Rs.5400 on completion of four years of service in Grade Pay of Rs.4800, apart from challenging the order of rejection dated 17.05.2012.
Respondents filed detailed counter affidavit opposing the OA. They contend that the Resolution dated 29.08.2008, does not apply to the facts of the case. It is stated that in the establishment of the 2nd respondent, the post of Assistant Director Grade-I carries the Grade Pay of Rs.5400 in PB-2 and the post of Assistant Director Grade-II is the feeder category to that. It is also mentioned that there does not exist any anomaly.
We heard Dr. Ashwani Bhardwaj, learned counsel for applicant and Dr.Ch. Shamsuddin Khan, learned counsel for respondents.
The applicants rely upon the clause contained in Resolution dated 29.08.2008, which reads as under :-
"e) Group B officers of Departments of Posts, Revenue, etc. will be granted Grade Pay of Rs.5400 in PB-2 on non-functional basis after 4 years of regular service in the grade pay of Rs.4800 in PB-2."
A reading of this, reveals that all the Group 'B' officers in the Departments of Posts, Revenue etc, who have completed four years of regular service in Grade Pay of Rs.4800 in PB-2 are entitled to be placed in Grade Pay of Rs.5400 in PB-2.
In case the applicants fall into that category, they are certainly entitled for the benefit. A serious doubt arises as to whether the clause referred to above would cover employees of Autonomous Bodies also. A clarification was issued in this behalf by the Ministry of Finance, Departments of Expenditure on 04.01.2009, which reads as under :-
"Subject : Application of Shri Manish Kumar under RTI Act.
With reference to RTI Cell's U.O. No.3(24)/09-RTI dated 6th January, 2009, the applicant be informed that decision of the Government vide Sl. No.(x)(e) of the Government Resolution dated 29th August, 2008 for placing Group 'B' employees of Departments of Posts, Revenue, etc.
covers employees of all Ministries/Departments but it does not cover employees of autonomous bodies; etc.
This issues with the approval of Dire(IC).
( S.D.Sharma)
Under Secretary (IC-II)
CPIO, D/o Expenditure
MOF(Exp) U.O. No.22/04/2008-IC.II dated 14th ssss January, 2009."
The applicants did not dispute the fact that they are employees of an Autonomous Body.
Reliance is placed upon an order dated 06.08.2010, passed by this Tribunal in OA No.2669/2009. That was a case in which applicants were the employees of Prasar Bharati. The purport of the letter dated 14.01.2009, was taken into account. However, the fact that the applicants therein were the Central Government employees, on deemed repatriation to Prasar Bharati, weighed with the Tribunal, and the relief was granted. Para 4 of the order reads as under :-
"4. An information under RTI served upon the applicant clearly indicated that the decision referred to above in clause 1(x) (a to e) of the Resolution dated 29.08.2008 placing Group 'B' employees in the grade pay of Rs.5400/- covers the applicants in the present OA but it does not entitle the employees of autonomous body. As we find on an admitted stand that the applicants are still the Central Government employees on deemed deputation to Prasar Bharati vide a Cabinet decision, the pay structures granted to the employees of Central Government shall mutatis mutandis apply to the applicants and rejection of their request for grade pay of Rs.5400/- is not justifiable."
Such is not the case here.
Added to that, in the establishment of the 2nd respondent, the post of Assistant Director Grade-I carries Grade Pay of Rs.5400 in PB-II and feeder category to that is Assistant Director-II, with two years of standing. The Grade Pay of Assistant Director Grade-II is Rs.4800 and if the contention of the applicants is accepted, the feeder category post would carry the same Grade Pay as does the promotional post.
Even where the anomalies are noticed, in the context of the implementation of the recommendations of the Pay Commissions, the ordinary course is to refer the same to the Anomalies Committee. In the present case, such a possibility does not exist, on account of the fact that the situation is now covered by the recommendations of the 7th Pay Commission.
Viewed from any angle, we do not find any basis to grant relief. Therefore, the OA is dismissed. There shall be no order as to costs.
Pending MAs, if any, stand disposed of.