it2025_00540 — The case of pay fixation of the Applicants, 21 in number, working in Ministry of Urban Development / Director General, Central Public Works Department, in the revised pay structure from their date of promotion between 1-1-2006 and 29-8-2008 in accordance with the established practice followed for taking decision on such issues taking note of the clarification of point of doubt at Sl. No. 2 of G.I, MF, O.M. No. F. No. 1/1/2008-IC, dated 29-1-2009 (reproduced in Page 4 of the judgment) and observa

IT Rules

The case of pay fixation of the Applicants, 21 in number, working in Ministry of Urban Development / Director General, Central Public Works Department, in the revised pay structure from their date of promotion between 1-1-2006 and 29-8-2008 in accordance with the established practice followed for taking decision on such issues taking note of the clarification of point of doubt at Sl. No. 2 of G.I, MF, O.M. No. F. No. 1/1/2008-IC, dated 29-1-2009 (reproduced in Page 4 of the judgment) and observations made in Para. 2 (at Page 9, Para. 2 is reproduced) regarding necessity for introduction of a level of playing field between UDCs of CSCs and Assistant of CSS is to be decided by the concerned — This chunk pertains to an Original Application (OA) No. 2061 of 2012 regarding pay fixation for 21 applicants working in Ministry of Urban Development/Director General, Central Public Works Departmen... — Facts : There are 21 Applicants in this OA who are Upper Division Clerks (UDCs) in the pay scale of ₹ 4,000-6,000 in CPWD (Ministry of Urban Development - MOUD) and were subsequently promoted as Head Clerks (Office Superintendent) prior to 29-8-2008. A clarification was issued by O.M. No. F1/1/2008-IC, dated 29-1-2009. It was clarified that the cases mentioned as point of doubt at Sl. No. 2 of the same regulated under proviso to Rule 5 of CCS (Revised Pay) Rules 2008, and after switching over to revised pay structure, the method of fixation of pay on promotion after 1-1-2006 issued by Memorandum, dated 13-9-2008. The clarification of fixation of pay under Para. 2 is reproduced. As per clarification, the pay of the employees covered by Rule 5 of CCS (RP) Rules, 2008, it would be relevant to refer to the said proviso in terms of which a Government servant might elect to continue to draw pay in the existing scale until the date of his next or any subsequent increment in the existing scale or he vacated the post or ceased to draw pay in that scale. The Rules 5, 6 and 11 of CCS (Revised Pay) Rules, 2008 and also Government of India Decisions under Rule 11 are extracted on Pages 5, 6 and 7 of the judgment. As per O.M. No. 7/14/2010 - E III (A), dated 5-7-2010, of Ministry of Finance, Department of Expenditure, the period of three months under Rule 6 (4) of CCS (Revised Pay) Rules 2008 was released and the employees were permitted to revise the initial option in terms of Rule 5 by 31-12-2010 in case of the same being more beneficial to them. That above Office Memorandum is reproduced on Pages 8 and 9 of the judgment. As the revision of their pay as per recommendation of Sixth Central Pay Commission from the date of their promotion as Head Clerk is not acted upon except in the case of Applicant No. 18; All India CPWD Office Staff Association made a representation, dated 31-1-2011 seeking clarification of the points mentioned therein. The relevant portion of the said representation is reproduced on Page No. 9. The clarification asked for relates to fixation of pay of officials promoted as Head Clerk between 1-1-2006 and 31-8-2008 and opted to switch over to the revised pay structure from the date of such promotion and manner of fixation of pay of the officials promoted on or after 1-9-2008. The manner of pay fixation for those given II Financial upgradation under ACP scheme between 1-1-2006 and 31-8-2008 and switched over to revised pay structure from the date of financial upgradation is also to be indicated. The above-said representation was disposed of in terms of O.M. No. 5/11/2011-EC IV (SC), dated 29-5-2012, questioning Paras. 1 and 2 of which the Applicants have filed this OA. Para. 4-19 of the OA reads: "It is worthwhile to note that the Applicants are not concerned with Para. 3 of the impugned order, dated 29-5-2012 as it relates to the aspect of ACP etc., which is not the case of the Applicants herein." The dispensation granted by Office Memorandum, dated 16-11-2009 is extracted which only relates to the pay structure of grade pay of ₹ 4,600 in the pay Band PB-2 to Assistants and Personnel Assistants of Central Secretariat Service, Armed Force Headquarters Service, Indian Foreign Service 'B' and Railway Board Secretariat service and their counterpart Stenographer Service. The OM is extracted on Pages 10 & 11 of the judgment. Another O.M. No. 7/7/08-CS.I (A), dated 22-12-2010 is also issued to clarify the manner of fixation of pay of officials promoted as Assistants / PAs between 1-1-2006 and 31-8-2008. This needs clarification as to how CSCS and CSS are two separate services in OM, dated 16-11-2009, it could be felt to introduce a level in the hierarchy of Central Secretariat Service having a grade pay of ₹ 4,200 in the PB-2 between the grades of UDCs and CSCs and Assistants in CSS. This issue needs to be relooked by Respondents. In the detailed counter reply and also additional affidavit filed on behalf of Respondents, it is put forth that the UO note, dated 14-12-2009 is applicable only to CSS/PAs of CSSS. In that, Paras. 4.11 and 4.12 of the reply is reproduced in the judgment for clarity.

IT Rules

The case of pay fixation of the Applicants, 21 in number, working in Ministry of Urban Development / Director General, Central Public Works Department, in the revised pay structure from their date of promotion between 1-1-2006 and 29-8-2008 in accordance with the established practice followed for taking decision on such issues taking note of the clarification of point of doubt at Sl. No. 2 of G.I, MF, O.M. No. F. No. 1/1/2008-IC, dated 29-1-2009 (reproduced in Page 4 of the judgment) and observations made in Para. 2 (at Page 9, Para. 2 is reproduced) regarding necessity for introduction of a level of playing field between UDCs of CSCs and Assistant of CSS is to be decided by the concerned — This chunk pertains to an Original Application (OA) No. 2061 of 2012 regarding pay fixation for 21 applicants working in Ministry of Urban Development/Director General, Central Public Works Departmen... — Facts : There are 21 Applicants in this OA who are Upper Division Clerks (UDCs) in the pay scale of ₹ 4,000-6,000 in CPWD (Ministry of Urban Development - MOUD) and were subsequently promoted as Head Clerks (Office Superintendent) prior to 29-8-2008. A clarification was issued by O.M. No. F1/1/2008-IC, dated 29-1-2009. It was clarified that the cases mentioned as point of doubt at Sl. No. 2 of the same regulated under proviso to Rule 5 of CCS (Revised Pay) Rules 2008, and after switching over to revised pay structure, the method of fixation of pay on promotion after 1-1-2006 issued by Memorandum, dated 13-9-2008. The clarification of fixation of pay under Para. 2 is reproduced. As per clarification, the pay of the employees covered by Rule 5 of CCS (RP) Rules, 2008, it would be relevant to refer to the said proviso in terms of which a Government servant might elect to continue to draw pay in the existing scale until the date of his next or any subsequent increment in the existing scale or he vacated the post or ceased to draw pay in that scale. The Rules 5, 6 and 11 of CCS (Revised Pay) Rules, 2008 and also Government of India Decisions under Rule 11 are extracted on Pages 5, 6 and 7 of the judgment. As per O.M. No. 7/14/2010 - E III (A), dated 5-7-2010, of Ministry of Finance, Department of Expenditure, the period of three months under Rule 6 (4) of CCS (Revised Pay) Rules 2008 was released and the employees were permitted to revise the initial option in terms of Rule 5 by 31-12-2010 in case of the same being more beneficial to them. That above Office Memorandum is reproduced on Pages 8 and 9 of the judgment. As the revision of their pay as per recommendation of Sixth Central Pay Commission from the date of their promotion as Head Clerk is not acted upon except in the case of Applicant No. 18; All India CPWD Office Staff Association made a representation, dated 31-1-2011 seeking clarification of the points mentioned therein. The relevant portion of the said representation is reproduced on Page No. 9. The clarification asked for relates to fixation of pay of officials promoted as Head Clerk between 1-1-2006 and 31-8-2008 and opted to switch over to the revised pay structure from the date of such promotion and manner of fixation of pay of the officials promoted on or after 1-9-2008. The manner of pay fixation for those given II Financial upgradation under ACP scheme between 1-1-2006 and 31-8-2008 and switched over to revised pay structure from the date of financial upgradation is also to be indicated. The above-said representation was disposed of in terms of O.M. No. 5/11/2011-EC IV (SC), dated 29-5-2012, questioning Paras. 1 and 2 of which the Applicants have filed this OA. Para. 4-19 of the OA reads: "It is worthwhile to note that the Applicants are not concerned with Para. 3 of the impugned order, dated 29-5-2012 as it relates to the aspect of ACP etc., which is not the case of the Applicants herein." The dispensation granted by Office Memorandum, dated 16-11-2009 is extracted which only relates to the pay structure of grade pay of ₹ 4,600 in the pay Band PB-2 to Assistants and Personnel Assistants of Central Secretariat Service, Armed Force Headquarters Service, Indian Foreign Service 'B' and Railway Board Secretariat service and their counterpart Stenographer Service. The OM is extracted on Pages 10 & 11 of the judgment. Another O.M. No. 7/7/08-CS.I (A), dated 22-12-2010 is also issued to clarify the manner of fixation of pay of officials promoted as Assistants / PAs between 1-1-2006 and 31-8-2008. This needs clarification as to how CSCS and CSS are two separate services in OM, dated 16-11-2009, it could be felt to introduce a level in the hierarchy of Central Secretariat Service having a grade pay of ₹ 4,200 in the PB-2 between the grades of UDCs and CSCs and Assistants in CSS. This issue needs to be relooked by Respondents. In the detailed counter reply and also additional affidavit filed on behalf of Respondents, it is put forth that the UO note, dated 14-12-2009 is applicable only to CSS/PAs of CSSS. In that, Paras. 4.11 and 4.12 of the reply is reproduced in the judgment for clarity.

Original Rule Text

Original Rule Text