it2025_00524 — Notwithstanding merger of three pay scales viz., ₹ 5,000 – 8,000, ₹ 5,500 – 9,000 and ₹ 6,500 – 10,500, entitlement to Grade Pay of ₹ 4,600 is applicable only to those who were in the pay scale of ₹ 6,500 – 10,500

Notwithstanding merger of three pay scales viz., ₹ 5,000 – 8,000, ₹ 5,500 – 9,000 and ₹ 6,500 – 10,500, entitlement to Grade Pay of ₹ 4,600 is applicable only to those who were in the pay scale of ₹ 6,500 – 10,500 — This chunk pertains to an Original Application challenging an Order from July 26, 2013 concerning the grant of a Grade Pay of Rs. 4,600 in Pay Band-2 based on the recommendations of the 6th Central P... — Facts: The present Original Application has challenged the OM dated 26-7-2013 concerning grant of Grade Pay of ₹ 4,600 in PB-2 per the recommendations of the 6th Central Pay Commission [6th CPC]. Per Applicants, Senior Accountants [SAs] in the Department of Posts, UP Circle were getting pay in the pay scale of ₹ 5,500 - 9,000 in the 5th CPC and on implementation of the 6th Central Pay Commission [6th CPC], they became entitled to pay scale in Pay Band-2 of ₹ 9,300 - 34,800 with Grade Pay of ₹ 4,600 in terms of-

(a) the recommendations of the 6th CPC,

(b) the Notification, dated 29-8-2008 of the Ministry of Finance [MoF] read with

(c) OM, dated 13-11-2009 of the MoF and

(d) OM, dated 7-12-2009 of the Ministry of Communications and IT, Department of Posts. The Applicants also place reliance on the MCIT, OM of 7-12-2009 as well as judgments of the CAT, Ernakulum Full Bench, dated 14-10-2013 Reliance is further placed on the judgment of the Hon'ble High Court Kerala, judgment, dated 19-10-2011 of the Hon'ble High Court of Punjab and Haryana at Chandigarh as well as the judgment of the Hon'ble Apex court, dated 15-4-2013 in SLP against the judgment of the Hon'ble High Court of Punjab and Haryana at Chandigarh [supra] and thus the OA should be allowed. Per contra, the Respondents deny eligibility of GP of ₹ 4,600 and submit that firstly, the posts of the SAs were in the pre-revised pay scales of ₹ 5,500 - 9,000 and were never in the pay scale of ₹ 6,500 - 10,500 as pre-revised and were therefore, given GP of ₹ 4,200 in PB-2. Secondly that reliance on the MoF OM of 13-11-2009 [‘2009 OM' in short hereinafter] is misplaced because the said OM was applicable only on the posts with pre-revised pay scale of ₹ 7,450 - 11,500 which were to be given GP of ₹ 4,600 and that as the SAs were never in the pre-revised pay scale of ₹ 7,450 - 11,500 or ₹ 6,500 - 10,500 and that the posts of ₹ 6,500 - 10,500 have been already merged with the posts of upgraded scale of ₹ 7,450 - 11,500 as per the 6th CPC Pay Rules, 2008 and given GP of ₹ 4,600 admissible to them, therefore, there is no case of the Applicants for grant of GP ₹ 4,600.