Draft Representation for GP 5400

Dear Friends and Comrades,

Some Comrades have called me and sought a draft letter for enabling them to give representations to the administration for fixation of GP 5400 in a uniform manner.

Accordingly, a draft letter is given below.  The Court orders to be given as annexures are given above in the form of image files (pdf cannot be uploaded in the blog).  They may be used for representing.  The relevant pay fixation statement of individuals may be appended as Annexure C.

DRAFT LETTER:

From

To

The Commissioner of Central Excise & GST,

Sir,

Sub: - Refixation of pay in terms of the Order of the Hon’ble Supreme Court in CA No. 8883/2011 dated 10.10.2017 - reg .

*******

     The Hon’ble Supreme Court of India, vide their order dated 10.10.2017 in Civil Appeal No. 8883 of 2011, after hearing both sides,  dismissed the appeal filed by the Government of India against a judgement by the Hon’ble High Court of Madras dated 06.09.2010 in W.P.No. 13225 of 2010. (Copy of the Order of the Hon’ble Supreme Court and that of the Hon’ble High Court enclosed as Annexure A & B for ease of reference).

2.            The issue in dispute before the Hon’ble Supreme Court, related to an interpretation of CCS (RP) Rules, 2008, with regard to grant of GP of Rs. 5400/- in PB-2 to Group B officers in Department of Revenue, Postal, etc, on completion of a continuous service of 4 years in GP of Rs. 4800/- in PB-2.  The Government had initially issued circular vide CBEC F.No.A.26017/98/2008-Ad.II.A dated 21.11.2008 conveying the clarification of the Department of Expenditure as below:

“4 year period is to be counted w.e.f the date on which an officer is placed in the pay scale of Rs. 7500-12000 (pre-revised). Thus if an officer has completed 4 years on 01.01.2006 or earlier, he will be given the NFU w.e.f. 01.01.2006.  If an officer completes 4 years on a date after 01.01.2006, he will be given NFU from such date on which he completes 4 years in the pay scale of Rs. 7500-12000 (pre-revised)”

3.            However subsequently, the CBEC vide F.No.A.26017/98/2008-Ad.II.A dated 11.02.2009 altering the above stand in consultation with the Department of Expenditure conveyed that:

“NFU to the GP of Rs. 5400 in PB-2 can be given on completion of 4 years in regular service in the GP of Rs. 4800 in PB-2 (pre-revised scale of Rs. 7500-12000) after regular promotion and not on account of financial upgradation due to ACP.”

4.      The above clarification dated 11.02.2009 which was contradictory to the Resolution dated 29.08.2008 of the Government of India while implementing the CCS (RP) Rules, 2008 was challenged before the Judiciary.  The Hon’ble High Court of Madras vide their judgement dated 06.09.2010 in W.P.No. 13225 of 2010 held that a decision as conveyed in the clarification dated 11.02.2009 which was against the clarification dated 21.11.2008 without amending the rules of the revised pay scale, cannot be taken and accordingly ordered that the benefit be extended on completion of continuous service of 4 years in the pay scale of GP. 4800/- in PB-2 [Rs. 7500-12000 (pre-revised)] even if it was attained on ACP and not regular promotion.  This decision of the Hon’ble High Court of Madras was challenged by the Union of India by way of an SLP which was converted into a Civil Appeal.

5.      The Hon’ble Supreme Court, by dismissing the appeal filed by the UOI, has upheld the view of the Hon’ble High Court of Madras that the GP of Rs. 5400/- in PB.2 has to be granted as per the CCS (RP) Rules, 2008 and as per the GOI resolution on the subject, on completion of 4 years of continuous service in GP of Rs. 4800/- in PB-2 [Rs. 7500-12000 (pre-revised)], irrespective of whether the GP of Rs. 4800 [Rs. 7500-12000 (pre-revised)] was gained by way of promotion or ACP/MACP, the clarification dated  11.02.2009 has become void and hence the clarification dated 21.11.2008 stands restored.

6.       I have joined as _____________on ___________ and got my ACP/MACP to the Grade Pay of Rs. 4800 in PB-2 on ______________vide ______________________________ (copy enclosed as Annexure C).  As per the circular dated 21.11.2008 cited above, I should have been placed on the GP of Rs. 5400/- w.e.f ____________, on completion of continuous service of 4 years in GP Rs. 4800/- in PB-2 [Rs. 7500-12000 (pre-revised)].

7.       Hence, it is requested that my pay may kindly be revised accordingly and consequential benefits be granted to me at the earliest.

Yours faithfully,

Encl:      Annexures A to C

Station:

Date:

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