OA No. 2401/2011. Case: Jeet Ram Vs Union of India. Central Administrative Tribunal
| Case Number | OA No. 2401/2011 |
| Counsel | For Appellant: Pramod Kumar Sharma, Advocate and For Respondents: D.S. Mahendru, Advocate |
| Judges | Syed Rafat Alam, J. (Chairman) and Dr. B.K. Sinha, Member (A) |
| Issue | Administrative Tribunals Act, 1985 - Section 19; Constitution of India - Articles 14, 16 |
| Judgement Date | August 11, 2014 |
| Court | Central Administrative Tribunal |
Order:
Dr. B.K. Sinha, Member (A), (Principal Bench, New Delhi)
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The instant application has been filed under Section 19 of the Administrative Tribunals Act, 1985 assailing the impugned order dated 10.9.2010 of the office of respondent No. 1 rejecting the claim of the applicants for grant of scales of Rs.5500-9000 and Rs.6500-10500 for the Sub Inspector and Inspector respectively at par with their counterparts in the Central Industrial Security Force (CISF).
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The applicants vide this Original Application have sought the following reliefs:-
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direct the Respondents to revise the Pay Scales from Rs.4500-7000 to Rs.5,500-9,000 w.e.f. 1.1.1996 or from the date of their promotion to the post of Sub-Inspectors whichever is later equal and at par with that of Sub Inspector to their counterpart post Sub-Inspector in CISF as the Respondents have already revised the pay scales for the Constable and Head Constable working in the SSF as their counterpart Constable and Head Constable in CISF.
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Be further pleased to allow the application with costs.
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Be proper under to facts and circumstances of the case.
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The case of the applicants, in very brief, is that they are Sub Inspectors, both retired and serving, in the Secretariat Security Force (SSF), which was created in 1939 to regulate the entries of persons to the Central Government Offices and of guarding various buildings and documents in the Central Secretariat. This is departmental unarmed Force. The SSF personnel have for long been clamoring for parity with Central Para-Military Forces (CPMFs) in the matter of pay scales, primarily on the ground that there was similarity in their rank structure with that of the CISF; they are incomparable with the other CPOs, like BPRD, NCRB, NICF, NPF, etc. which have operational role to play; and that they are comparable with other Security Organizations, like Defence Security Corps and CPMFs, which are performing identical duties and functions. The 5th Central Pay Commission (CPC) did not recommend any specific revised pay scale for the SSF personnel but rather found that its functions were more or less similar to those of the CISF. The 5th CPC recommended on this basis that SSF be merged with the CISF and all eligible and suitable personnel be absorbed in the CISF at the appropriate levels. By the effect of this merger, the pay scales granted to the CISF personnel would ipso facto become applicable to the personnel of SSF also. However, a group of officials was constituted to examine the modalities of the merger, as recommended by the 5th CPC. This group found strong apprehension prevailing in both Organizations, i.e., CISF and SSF regarding merger and also ran into problems related to merger modalities. Hence, the entrusted group of officials did not recommend the merger of SSF with CISF. Instead it recommended that SSF should be declared a dying cadre and that the security of the Government buildings in Delhi should be gradually taken over by the CISF. It was perceived that the merger of SSF with CISF was an essential pre-requisite for extension of revised pay scales as applicable to the CISF personnel to the applicants. As a consequence of this, the SSF personnel were not given benefit of CISF pay scales but were rather extended the normal replacement scales in the 5th CPC. In 1998, the Ministry of Finance, however, agreed to upgrade the pay scales of only Head Constable from Rs.975-1660 to Rs.3200-4900 at par with CPMFs/ CPOs and of Constables from Rs.950-1400 to Rs.3050-4590 with prospective effect from 1.2.2000. This decision brought the pay scales of the Constables and Head Constables in SSF at par with the Constables and the Head Constables in the CISF/CPMFs. This Tribunal, vide its Order dated 9.3.2011 in OA No. 1797/2010 (Jagdish Singh & Ors. Vs. Union of India & Ors.) directed the respondents to upgrade the scales of Head Constable and Constable of SSF applicable from the same date from which it had been made applicable to the personnel of the CISF.
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It is...
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