OA No. 1924/2010. Case: 1. Babu Lal Mitharwal S/o Surja Ram, 2. Vijendra Kumar Shukla S/o Vidya Kant, 3. Vinod Kumar S/o Shoram Singh, 4. Madhu Panthri D/o Om Prakash Panthri, 5. Manoj Kumar S/o Sunder Lal, 6. Bijender Kumar S/o Mahent Yadav, 7. Ashok Kumar S/o Om Prakash Vs 1. Commissioner of Police, PHQ, I. P. Estate, New Delhi, 2. Union of India, Through its Secretary, Ministry of Home Affairs, North Block, New Delhi, 3. Union of India, Through its Secretary, Ministry of Finance, North Block, New Delhi. Central Administrative Tribunal
| Case Number | OA No. 1924/2010 |
| Judges | G. George Paracken (Judicial Member) & Khushiram (Accountant Member) |
| Issue | Service Law |
| Judgement Date | July 11, 2011 |
| Court | Central Administrative Tribunal |
Judgment:
G. George Paracken (Judicial Member), (Principal Bench New Delhi)
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In this joint application, the first three applicants are Constable (Exe.) and rest of them are Head Constables in the Ministerial cadre. They are claiming the benefits of Rule 7 (1) and the first proviso thereto of the CCS Revised Pay Rules 2008 which reads as under:
7. Fixation of initial pay in the revised pay structure
(1) The initial pay of a Government servant who elects, or is deemed to have elected under sub-rule (3) of Rule 6 to be governed by the revised pay structure on and from the 1st day of January, 2006, shall, unless in any case the President by special order otherwise directs, be fixed separately in respect of his substantive pay in the permanent post on which he holds a lien or would have held a lien if it had not been suspended, and in respect of his pay in the officiating post held by him, in the following manner, namely:-
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Provided further that:-
Where, in the fixation of pay, the pay of Government servants drawing pay at two or more consecutive stages in an existing scale gets bunched, that is to say, gets fixed in the revised pay structure at the same stage in the pay band, then, for every two stages so bunched, benefit of one increment shall be given so as to avoid bunching of more than two stages in the revised running pay bands. For this purpose, the increment will be calculated on the pay in the pay band. Grade pay would not be taken into account for the purpose of granting increments to alleviate bunching.
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They have, therefore, sought a direction to the respondents to determine their pay and grant them the same at a level higher than the pay which was being given to their juniors appointed on or after 1.1.2006 giving full regard to their length of service and annual increments earned prior to the acceptance of the recommendations of the VI Central Pay Commission and to pay the arrears arising thereof with interest @ 18% p.a.
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Respondents, along with their reply, have annexed a copy of letter dated 7.10.2010 from the Ministry of Home Affairs, received in reply to the reference made to them with regard to the aforesaid relief sought by the Applicants and it reads as under:
The undersigned is directed to refer to O.A. No.1924/2010 titled Babu Lal Mitharwal & others and to say that the matter was referred to Department of Expenditure for grant of benefits of stepping up of pay to all similarly situated persons in the cadre of Constables of Delhi Police as in the case of Shri Anil Kumar Verma. Department of Expenditure vide their U.O.No.1/2/2010-Legal dated the 30th September, 2010 (copy enclosed) considered the proposal and has agreed for grant of stepping up of pay to all similarly situated persons in the cadre of Constables in Delhi Police, subject to the following conditions:-
(i) Stepping up 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...
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