GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHIDIRECTORATE OF EDUCATION; OLD SECTT. DELHI-54

(PENSION AND PAY FIXATION BRANCHPH:-011-23890095

No F.DE-38(12)(4)/P&PF/Edn/2012/ J~l9~7~ Dated:';:1 t'-j</ Lj

CIRCULAR

,

Sub- Order of Hon'ble CAT in O.A. 1108/2011 titled Gov!. SchoolTeacher's Association & Ors Vs. UOI & Others

Please find enclosed herewith a copy of the Judgment / order dated 25/02/2014of Ld. Central Administrative Tribunal in the above mentioned case for informationand necessary action. ~

Enel: As above. (RAMESH CHANDER)DY. CONTROLLER OF ACCOUNTS (EDUCATION)

No. F.DE-38(12)(4 )/P&PF /Ednf2012/ 2:16q ~)L\ Dated ,z~-3-I'i

Copy for information and necessary action to:-

1. PS to Pr.8ecretary (Education), Director (Education), Spl. Director of Education(Finance), for information

2. All RDEs/DDEs/HOSs of Directorate of Education, Delhi (through websiteof the Department)

3. AD E, Litigation Branch, Dte. of Education. GNCT of Delhi4. AD.E., E-III, Dte. of Education, GNCT of Delhi.

~ as (IT) with the request to upload the circular on the Department's website.(in POP-UP).

(RAMESH CHANDER)DY CONTROLLER OF ACCOUNTS (EDUCATION)

Advocate

Office:C-56. Nizamuddin East.New Delhi--110014Tel.: 011-41825686, Mobile' 9810311218Fax: 011-41825773Residence:Chopra House, Sultanpur, Mandi Road,Mehrauli, New DelhiTo

s"~ I'M'"~ LI"\ d ,,-clH

:Ik-fLl.J COI\.-I-vo\le~ 01e:~C .::\-h<:> (j

~\LT

Dated _ _

OAo \lD3] &011 1

6-STA V's VDT'"j a~v<;

/

~OO\l~eV'-..clnO"'-'L~ D.Il.-. 0""'-VlL~ ~e...

;::,.IThL.::>I\.v \:5. b c C' r-, c1.X:SY'(\\. '5 'S -e- c\

High Court: 011-23384517, Office :'011-41825686, Mobile: 9810311218E-mail: chopraJashmi@yahoo.co-in&rshmi_chopra@rediffmail.com

,.

CE~"ITRf\.L /IJY'vlL,,;ISTR?T1VE 1':flF0~\i\LPRINClP.'\1.. BE~~CH

6! '35.

Date: 07/03/2014FromThe Principal ReaistrarCentral Adminisnnuve Tribunalprincipal Bench, New Delhi.

To

Shri Anil Singal,counsel for the applicant,CAT Bar NewDelhi.

i'1s.Rashmi chojares coeneej, for the respondents, CAT. Bar NewDelhi •

School Teachers Association & .9XR ............................. - . ...... Applicant I.S)

Versus

UOI & 0"" .. .. ..............•........... -

Sir.

1 am directed to forward herewith a copy of Judgment/Order dared:__?_5/Q~L20·14passed by this Tribunal in the ubcve mentioned ,-·a~.:·Ior information and li';'i,..t:.;s;·,ry

action, if any.

Please acknowledge the receipt.Yours faithfully,

_... t.\ry)• • • ySectKh fficer .,-1

for Princioat Registrar

CENTRAL ADMINSITRATIVE TRIBUNALPRINCIPAL BENCH

NEW DELHI

OA 1108/2011

Reserved on 11.02.2014Pronounced on~5 .(1;;\. 2-<>lIf

Hon'ble Mr. V.Ajay Kumar, Member (J)Hon'ble Mr. P.K.Basu, Member (A)

1. Govt. School Teachers' AssociationDelhiThrough its PresidentShri Om SinghRoom NO.221ADirectorate of EducationOld Secretariat, Delhi - 110 054.

2. Mrs.S~tish GandhiPGT(Retired)Sarvodaya Kanya Vidyalay NO.1Model Town, Delhi - 110 009.

3. Shri Rekhpal Singh, TGTGovt. Boys' Sr. Sec. SchoolBlock - 13, Geeta ColonyDelhi - 110031.

4. Shri Asnok Kumar Sharma, TGTGovt. Boys' Sr. Sec. School NO.2NazafgarhNew Delhi - 110 043.

(By Advocate: Shri Anil Singal).... Applicants

VERSUS1. Union of India

Ministry of FinanceDepartment of Expenditure,Through its SecretaryNorth Block, Raisina HillsNew Delhi.

2. The Govt, of NCTof DelhiThrough its Chief Secretary

,,@':~~,_~elhiSecretariat,F:"">",""", -c ",\player's Building:I'r~" ~:<._:"/1/~~::':'~~~;LP.Estate, New Delhi,_,.-.,-.'F~I •..\.:i - . . -:.--:-- OJ I:" . L.':,,< 3. . 7he Director of Education'.\ .,;,:;',~ ~,~ -7.tDirectorate of Education

~'.!L<.'•.Y Old Secretariat~':::"-~~'::.-.;:~.

t.. Delhi - 110 054.\' .,./V (By Advocate: Ms. Rashmi Chopra)

.... Respondents.

2

ORDER (ORAL)

By Hon'ble Mr.P.K.Basu,

This application has been filed by some Trained Graduate

Teachers (1'(;T) and also on behalf of them by the Association

basically for implementation of Clarification dated 10.12.2009 issued

by the Department of Expenditure in which certain pay benefits have

been given to Assistants/Personal Assistants who were promoted

between 01.01.2006 and 31.08.2008. The applicants claim that they

are similarly placed as the ASSistantsand Personal Assistants and,

therefore, the clarification dated 10.12.2009 issued by the

Department of Expenditure should be applicable to them. The facts in

the case of applicant nO.2 will illustrate the issue. Applicant nO.2 got

promotion as Post Graduate Teacher (PGT) on 09.08.2006 while

working in the Senior Scale of 1'GT.The Senior Scale of TGT & PGT

were identical in the pre-revised scale i.e. Rs.6500-10500/-. The

department fixed her pay after pay revision with benefit of one

increment in terms of Rule 13 of the CCS(Revised Pay) Rules 2008.

Rule 13 deals with fixation of pay on promotion after 01.01.2006 and,

inter alia, stipulates the addition of one increment. Her grievance

arose when on her retirement, the Pay & Accounts Officer raised

objection on allowing one increment on promotion in an identical

grade pay (Rs.6500-10500/- of Senior Scale of TG1' to Rs.6500-

10500/- of PG1',both given revised scale of Rs.7500-12000/- under

q::S (Revised P.ay)Rules, 2008, Part-B. Section-II and hence carrying. . ,the same grade pay of Rs.4800/- in 6'" CPC Scale of PB-2.

Consequently, her pay was reduced and recovery was affected. This

".:\,\,_y~the genesis of this case.

--------------- ------,.;.,

.',

2. Heard both the parties.

3

3. The applicants state that before 6th CPC,TGTswere in the scale

of Rs.5500-9000/- like Assistants/Personal Assistants in the

Secretariat. However, they were granted upgraded scale of Rs.7450-

11500/- w.e.f. 01.01.2006 and were placed in PB-2 with grade pay of

Rs.4600 after the 6th CPCwas implemented. As per the CCS pay

fixation Rules, 200B, all employees had the option to either opt for

revision of pay w.e.f.01.01.2006 or from the date of

promotion/upgradation which took place between 01.01.2006 and the

date of notification of the CCSRules, 2008 i.e.29.8.200B.

4. The clarification issued by Department of Expenditure dated

10.12.2009 with regard to promotion as Assistant/Personal

Assistants on or after 01.01.2006 is as follows :-

"

\\;v/

Officials promoted asAssistants/Pas on orafter 01.01.2006.

In the case of Government Servantswho were promoted as Assistants/PAsbetween 1.1.2006 and 31.8.2008, theirpay will be fixed as per the optionexercised by them. In terms ofCCS(RP) Rules, 200B, they have theoption to (i) either have their payfixed w.e.f.1.1.2006 with reference tothe lower scale which they wereholding as on 1.1.2006 or (ii) from thedate of prornotion/upqradatlon whichtook place after 1.1.2006, in this case,their pay will be fixed with reference tothe fitment table of the higher payscale, however, they will not beentitled to arrears of pay from1.1.2006 till the date of option.Accordingly, in the case of officialswho were promoted as Assistants/Pasbetween 1.1.2006 and 31.8.2008, theyhave the option to have their payfixed w.e.f.1.1.2006 with reference tothe pre-revised scale of the lowergrade i.e UDC/Steno 'D'. In such cases,on the date of their promotion theirpay will be fixed by granting them oneincrement in the pay band (subject tothe minimum pay in the oav band

-----..------~-----.--.-.-------.--.""

4

Alternatively, they can opt to havetheir pay fixed from the date ofpromotion with reference to thefitment table of the upgraded payscale l.e. pre-revised scale of RS.7450-11500, in which case they shall not beentitled to arrears of pay from1.1.2006 till the date of oouon.

being Rs.9300) and grade pay ofRs.4600.

5. The grievance of the TGTs is that this clarification not being

made applicable to them is incorrect as both the cadres stood at par

with respect to pre-revised scale and upgraded scale RS.7500-

12000/-. They cited the judgment of the Hon'ble Supreme Court in

Bhagwan Sahai Carpenter & Ors. Vs. Union of India and

another, 1989 (2) SCC 299 on the principle of equal pay for equal

work.

6. The respondents' stand is that the case of ASSistants/Personal

Assistants and TGT/PGTstands on a different footing. According to

them, the pre-revised scale of pay of ASSistants/PersonalAssistants

was revised from RS.5500-9000/- to Rs.6500-10500/- w.e.f.

15.09.2006 in the pre-revised structure itself. This was at the time

when the 6th CPCwas in the midst of its deliberations and the revised

structure was not brought into force. As a result, for the

Assistants/Personal ASSistants cadre, the situation was different as

they came over to the revised scale of Rs.6500-10500/- (an actual

pre-revised scale) from 15.09.2006. The respondents argued that in- .

view of the special circumstances it was necessary to provide a<

different set of principle in the case of ASSistants/PersonalAssistants

and this is what has been done vide clarification dated 10.12.2009.

\

7. The respondents stated that on the other hand, there is no such. /", /" ,

• // analogy involved in case of the Teachers. The teachers as borne on

"",

5

specific pre-revised scales prior to 1.1.2006 have been brought over

to the prescribed Pay Bands and the Grade Pays. Grade Pays (for

example Rs.4600 in case of TGT) corresponds to pre-revised scales

(RS.7450"11500/-) higher than the pre-revised scales actually

applicable (Rs.5500-9000/-) prior to 1.1.2006. However, no

intermediary scale in the pre-revised structure itself was introduced

in their case between 1.1.2006 and 29.8.2008 during the pendency

of the recommendations of the 6th Central Pay Commission, unlike

the case of Asssistants/PAs. Thus the two cases are not similarly,

placed and, hence the dispensation allowed in case of those

Assistants promoted as such after 1.1.2006, does not apply in the

case of TGTs.-----------8. Moreover, it is clarified that there is no question of addition of

one increment when promotion takes place for a feeder grade to a

promotional grade, which comes to lie in the same scale. The pay

scale of Senior Scale TGT and pay scale',of PGT was identical..

i.e.6500- 10500/-.

9. We feel that there is clear distinction between the TGT/PGT

cadre and the Assistant/Steno Cadre. While merging the scales of

Rs.5000-~000/-, Rs.5500-9000/- and Rs.6500 to 10500/- and giving

the higher scale of Rs.7450-11500 from 1.1.2006 to the TGT and

Assistants/Personal Assistants, they were not substantive scale/posts

created and merged whereas in the case of Assistant/Personal. '\I "

Assistants, substantive revised scale of Rs.6500-10S00/- was given

to the Assistants/Personal Assistants unlike in the other cadres such

as TGT. Therefore, while senior scale TGT got replaced in the same

\\ ~ay scale on promotion to PGTi.e. Rs.6S00-10S00/-, the Assistants,

't/on the other hand, were already in the substantive scale of Rs.6500-

-------------------- -~-------

... . 6

\

10500/- as a result of substantive pay revision when the 6th CPCI}<lq:::~;":::~,,-.'/.~'/,' ':;"--'7'"-i:l.l1 ~

not given his recommendations. Therefore, the two are clea.;L~2;;n-·--:' C.:\.,( -.' ;',,-~ 1- .

separate fcmting and the question of addition of one increment ;.~Ji\tM-f}Z:1-:.::--.' ".\..... It.~ '1'\". \\*v'.'~ ..w- ~~~.{ . "Y I.

case of TGT will not apply. Moreover, the two cadres are completefY...e,:;'. ,,-"

different as regards job responsibilities and nature of work and

hence such cross-cadre comparisons are erroneous. We, therefore,

come to the conclusion that there is no infirmity in the

orders/clarification dated 10.12.2009 issued by the respondents in

respect of the Assistants/Personal Assistants cadre and this will not

automatically apply on the TGT/ PGTcadre.

10. We do not feel that the judgment of the Hon'ble Supreme Court

in Bhagwan Sahai Carpenter (Supra) is applicable in this

particular case because here the nature of job and duties and

circumstances behind clarification dated 10.12.2009 are completely

different and thus not applicable.

OA is, therefore dismissed. No costs.

-,n"'-- ---- -(P.k:~BASU)

MEMBER(A) I:;L)<.; :----YJ \:.'~;."'2 vI ''::AI(1=\";; ,i" ,.; ,:'_-;~~l

',1 'L~";'.;:F:;, •.'. 'f C,)PY

(V.AJAYKUMAR)MEMBER(J)

'1c"'~\,\.,;,!~~,--.,

?:: "lii A . ,'i' ;~,C;.";'r::-.!h:',: .",1:,'. ,'i'.6 l : .'"al

;r:lFf -'4l~(li ri i~~,,-·\\Princip<J.! 8.t,:'". L !\i<Jw n~li"u

-.