Ramesh Baura And Ors vs CSIR And ORS.

L. Narasimha Reddy, J

The applicants are the employees of a unit of Council of Scientific and Industrial Research (for short, CSIR). The benefit of revision of pay scales is extended to them from time to time. The 6th Pay Commission examined the pay structure existing in the CSIR also and one of its recommendations was to merge the pre-existing pay scales of Rs. 5000-8000 and Rs. 5500-9000, into a higher scale of pay Rs. 6500-10,000 (which too was existing in the organization). The CSIR appointed a committee to examine the feasibility of implementation of the recommendations of the Pay Commission. The report of the committee was submitted, duly incorporating the recommendations of the CPC. The CSIR adopted the same on 04.10.2008

On implementation of the revised pay scales, the pay of applicants and other employees was revised through individual orders. However, at a later point of time, it was noticed that the pay structure of the applicants was wrongly decided and, accordingly, revised orders were passed. Challenging the same, the applicants filed OA 3625/2010 before this Tribunal. The OA was allowed on 17.02.2012 by observing that there was uncertainty as to whether the multiplication with the factor 1.86 should be before or after the merger of the pay scales. Accordingly, the order revising the pay structure was set aside and the matter was remanded to the concerned authority for passing fresh orders. On such remand, individual orders were passed in respect of the applicants, wherein the respondents reiterated the earlier position. Reference was also made to the CCS (Revised Pay) Rules, 2008, notified on 29.08.2008, as well as the instructions contained in the Ministry of Finance, Department of Expenditure, O.M. dated 30.08.2008. Those orders are challenged in this OA.

The applicants contend that once there was a merger of pay scales, the resultant pay scale would become the basis for implementation of the recommendations of 6th Pay Commission, and there was absolutely no basis for the respondents in reverting back to the pre-revised and pre-merged pay scales, in this context. It is also pleaded that if such a course is adopted, the very benefit of merger of pay scales stands taken away from them. Other grounds are also urged.

Respondents filed counter affidavit opposing the OA. It is stated that the CSIR has 54 units across the country, and in only one unit i.e., Central Electronics Engineering Research Institute, Pilani, the 5th respondent herein, that a different procedure was adopted, resulting in fixation of higher scale of pay, and that the same has been corrected by applying relevant provision of law.

We heard Mr. G. D. Bhandari, learned counsel for the applicants and Mr. Praveen Swaroop, learned counsel for the respondents at length and perused the entire record.

The applicants were in different pay scales, before the revisions were effected in pursuance of the recommendations of the 6th CPC. One of the recommendations of the CPC was that the Pay Scales of Rs. 5000-8000 and Rs. 5500- 9000 be merged into an existing higher scale of pay, namely, Rs. 6500-10500. A chart depicting the pre-revised pay scales, the factum of merger of as many as four pre-revised pay scales, and the revised pay scale, namely, Rs. 9300-34800 recommended by it was prepared.

A salient feature of the recommendations of 6th CPC is that the existing Basic Pay of the employee is to be multiplied by a factor of 1.86, and thereafter the Grade Pay be added. If there was no merger of pre-revised pay scales, no difficulty would have arisen. Across all the 54 units of the CSIR, the implementation was in such a way that the pay scale according to the pre-revised and pre-merged scale was taken into account and then multiplied with 1.86, and Grade Pay was added, and the revised pay scale was fixed. In the 5th respondent, however, the merged scale of pay and not the one which existed before, was taken for multiplication with the factor 1.86. When this was noticed, orders restructuring the pay were passed. The applicants challenged such orders in an earlier OA. This Tribunal did not record any findings as to the manner in which the pay must be fixed, but has set aside the orders impugned therein and remanded the matter to the concerned authority, duly indicating certain measures.

The impugned order, passed after remand discloses that the pre-merged scale alone was to be taken into account by observing that Note 2A below Rule 7(1) of the Rules does not permit any other interpretation. Therefore, it becomes necessary to know the purport of Note 2A. It reads as under:-

"Where a post has been upgraded as a result of the recommendations of the Sixth CPC as indicated in Part B or Part C of the First Schedule to these Rules, the fixation of pay in the applicable pay band will be done in the manner prescribed in accordance with Clause (A) (i) and (ii) of Rule 7 by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding the resultant figure to the next multiple of ten. The grade pay corresponding to the upgraded scale as indicated in Column 6 of Part II or C will be payable in addition. Illustration 4A in this regard is in the Explanatory Memorandum to these Rules."

The illustrations provided for this would clarify the entire situation. Illustration 4A reads as under:-

Illustration 4A: Pay fixation in cases where posts have been upgraded e.g. posts in pre revised pay scale of Rs. 3050-75-3950-80-4590 to Rs. 3200-85-4900 scale.

1

Existing Scale of Pay

Rs. 3050-4590

(Corresponding

Grade

Pay

Rs. 1900)

2

Pay Band applicable

PB-1 Rs. 5200-20200

3

Upgraded to the Scale of Pay

Rs. 3200-4900

(Corresponding

Grade

Pay

Rs. 2000)

4

Existing basic pay as on

Rs. 3125

1.1.2006

5

Pay after multiplication by a

Rs. 5813 (Rounded off to

factor of 1.86

Rs. 5820)

6

Pay in the Pay Band PB-2

Rs. 5820

7

Pay in the pay band after

Rs. 6060

including benefit of bunching

in the pre-revised scale of Rs.

3050-4590, if admissible

8

Grade Pay attached to the

Rs. 2000

scale of Rs. 3200-4900

9

Revised basic pay - total of

Rs. 8060

pay in the pay band and grade

pay

From above, it becomes clear that, though there was merger of pay scale by up-gradation of pre revised pay scale of Rs. 3050-4590 to Rs. 3200-4900, the figure referable to original pay structure i.e., Rs. 3050-4590 alone was taken into account in the context of the revised pay scale on the recommendations of the CPC.

In the instant case, the pay scales of the applicants before merger were taken into account and the upgraded ones, were disregarded in this behalf. The procedure adopted by the respondent accords with the rules.

Reliance is placed by the applicants, upon the recommendations of the committee, appointed by the CSIR. However, it needs to be observed that whatever be the recommendations of the Committee, the CSIR has ultimately decided to implement the same, subject to the Rules. The relevant portion of the resolution reads as under:-

"The fixation of pay and payment of arrears to CSIR employees, may be regulated as per Central Civil Services (Revised Pay) Rules, 2008, notified vide G.S.R. No. 622(E) dated 29th August, 2008 w.e.f. 1.1.2006 and the instructions contained in Ministry of Finance OM No. 1/1/2008-IC dated 30th August, 2008."

Therefore, it cannot be said that the respondents have committed any legal or factual error in issuing the impugned orders.

We do not find any merit in the OA and the same is accordingly dismissed. There shall be no order as to costs.