Letter written to Chief Commissioner regarding applicability of Rs.17140/- to Direct/promotee Inspectors who joined before 01.01.2006 and to propmotee inspectors promoted/being promoted after 01.01.2006
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Ref. No.20/2013 Dated: 05.06.2013
To
The Chief Commissioner of Central Excise,
Delhi Zone, C.R. Building,
I.P. Estate, New Delhi.
Respected Sir,
Subject:Applicability of minimum entry pay (Rs.17140/-) prescribed for direct recruits Inspectors (appointed on or after 01.01.2006) to senior direct recruit/ promotee Inspectors as on 01.01.2006.
&
Applicability of minimum entry pay (Rs.17140/-) prescribed for direct recruits Inspectors to promotee Inspectors –reg.
Kind attention is invited to the anomaly arising due to the different methods of fixation of pay of Inspectors falling in different categories-
(i) Fixation of pay of Direct Recruit/promotee Inspectors as on 01.01.2006 who appointed/promoted before 01.01.2006,
(ii) Direct Recruit Inspectors appointed on or after 01.01.2006 and
(iii) Promotee Inspectors promoted on or after 01.01.2006;
in the form as –
(a) Direct Recruit/promotee Inspectors who appointed/promoted before 01.01.2006 is drawing less salary than their DR juniors and
(b) promotee Inspectors promoted on or after 01.01.2006 is drawing less salary than their DR counterpart (whose entry level basic pay is Rs.17140/-) creating an unfair distinction between DRs and promotees.
2. As per the practice being followed, the fixation of pay of aforesaid categories are being done as under:-
(i) The pay of Direct Recruit/promotee Inspectors who appointed/promoted before 01.01.2006 was fixed, as on 01.01.2006, under Rule 7 (1) A of CCS (Revised Pay) Rules, 2008 by multiplying the basic pay in pre-revised pay as on 01.01.2006 by 1.86 plus grade pay.
Through this method of fixation, the pay of Inspectors, as on 01.01.2006, who were appointed/promoted in preceding two years of the year 2006 works out less than Rs. 17140/- and those are drawing less pay than their junior DR Inspectors who joined in 2006.
(ii) The pay of STAs being promoted as Inspector is being fixed under Rule 13 of CCS (Revised Pay) Rules, 2008 which works out less than Rs. 17140/-.
(iii) Whereas the pay fixation in respect of Direct Recruit Inspector appointed on or after 01.01.2006 is being arrived as Rs.17140/-
3. In this regard, kind attention is invited to Board’s instructions issued vide F.No.26017/159/2009-Ad.II(A) dated 05.03.2012 for stepping up of senior Inspectors with reference to directly recruited juniors appointed on or after 01.01.2006 subject to following conditions:-
(a)Stepping up of the basic pay of seniors can be claimed only in the case of those cadres which have an element of direct recruitment and in cases where a directly recruited junior is actually drawing more basic pay than the seniors. In such cases, the basic pay of the seniors will be stepped up with reference to the basic pay of the directly recruited junior provided they belong to the same seniority list for all purposes.
(b)Further, Government servants can not claim stepping up of their revised basic pay with reference to entry pay in the revised pay structure for direct recruits appointed on or after 01.01.2006 as laid down in Section II of Part A of First Schedule to CCS (RP) Rules 2008, if their cadre does not have an element of direct recruitment or in cases where no junior is drawing basic pay higher than them.
(c) Stepping up of pay of the seniors shall not be applicable in cases where pay of direct recruits have been granted advance increments at the time of recruitment.
4. In para 3 of aforesaid instruction dated 05.03.2012 of CBEC, it has been conveyed that clarification relating to manner of fixation of Inspectors/similarly placed officials under CBEC consequent upon grant of revised pay structure of the grade pay of Rs.4600/- in PB-2 will be issued separately in consultation with the Department of Expenditure/Department of Personnel and Training which is still awaited.
5. In this regard, it is submitted that since the cadre of Inspector has the element of direct recruitment, the condition of stepping up that DR junior should actually draw higher basic pay than the senior and deny “entry level pay of DR Inspectors” to the promote Inspectors not only jeopardizes the basic principles of natural justice but also creates a zillion complications as:-
(i) Every affected individual has to find the DR Inspector appointed immediately after his/her promotion. Moreover, there is no such machinery/system prescribed/evolved by CBEC in this regard and the issue needs flagging.
(ii) This will put extra burden on the department as each individual case of stepping up with any other individual will require the entire exercise in each case separately to verify the facts and follow the procedures of stepping up.
(iii) This disparity will also demoralize the affected individual as some persons will be drawing less pay than their legitimate rights to which they are entitled to.
(iv) Discrimination between the promotee and DR in terms of pay may also air the litigations in different courts of law which will further multiply the burden of work for the department. Thus, this issue will create the complications to both the stake holders.
6. This anomaly not pertain to this department only but in all cadres/departments where pay was upgraded in the revised pay. The other departments had streamlined the issue long back. In this regard, copy of instruction dated 27.03.2009 issued by KVS to its field formations on the same issue allowing stepping up pay of the Senior Direct Recruits prior to 01.01.2006 at par with the junior Direct Recruits is enclosed herewith for ready reference.
7. Therefore, it is requested that this representation be forwarded to the Board favourably, with request to take up the matter before appropriate authorities to consider the request for allowing ‘minimum entry pay’ (Rs.17140/-) in respect of Inspector (which has the element of direct recruitment) to:–
(1) Direct Recruit/promotee Inspectors as on 01.01.2006 who appointed/promoted before 01.01.2006 and
(2) Promotee Inspectors promoted on or after 01.01.2006.
We shall feel highly obliged for this act of kindness.
Yours faithfully,
Encl: As above.
(H.S. Bajaj)
General Secretary
Copy to :- (i) The Secretary General, All India Central Excise
Inspectors Association with request to take up
the matter with Board.
(ii) The President, All India Central Excise
Inspectors Association with request to take up
the matter with Board.
(H.S. Bajaj)
General Secretary
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