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IN THE CENTRAL ADMINISTRATIVE TRIBUNALHYDERABAD BENCH
14.Nookala Ramakrishna, s/o Venkata Ramana-Sastry, occ:Inspector, rio Flat No.203, C.R.Towers,Gandhi Puram-1, near 'Y' Junction, Rajahmundry-533 103.
AND
The Government of India, Mb° Finance,Dept. of Expenditure, North Block, New Delhi,rep., by its Secretary, Expenditure.
The Government of India, Mk) Finance;Dept. of Revenue, Central Board of Customs andCentral Excise, North Block, New Delhi, rep., byits Deputy Secretary/Under Secretary.
Central Board of Customs and Central Excise,North Block, New Delhi, rep., by its Chairman andSpl. Secretary.
Chief Commissioner of Customs, Central Excise &Service Tax, Hyderabad Zone, Kendriya ShulkBhavan, Basheerbagh, Hyderabad.
5. Chief Commissioner of Customs, Central Excise &Service Tax, Visakhapatnam Zone, Port Area,Visakhapatnam.
Applicants
Respondents
Counsel for the applicantsCounsel for the respondents
Mr. N.VijayMr. G.Jayaprakash Babu, r.CGSC
CORAM:THE HON'BLE MR. JUSTICE P. SWAROOP REDDY, MEMBER (JUDL)THE HON'BLE MR. R. SANTHANAM. MEMBER (ADMN)
2 of 12
0 .3'17 D E :Hor, t)ie. Mr.Justice S\A'arcob Ready. Member
Tills OA is fed by the applicia-nts ouestioning the proceedings dated
der: by the res-,nnii.11- with the ar,provl of the first
:esonnaent nonci that non-functio,nal grade pav will not be granted_
ouP-2; Officers. Who have dot grade DaV Of R.s.4,800/- on upgradation
under The ACP Scheme, and to set aside the same, and to direct the
i'eSpOrldiltS to grant higher grade pay of .s.5.4001- with effect, from the
of corrioletion of regular service of four yea rs in the grade pay of
Re.7500-12000",
.4. The facts of the case are as follows.
Th -1- 1 4 4., 4 A as inspectors:1/4": 0 :.t.; C and 1.k.; C• working
n the Custc,%rns and Central Excise Department. A pOicants 5 and 10 Are
;womna Superintendents .tuvith effect, from 21.6.2007 and 28.12.2007
fesnectivelv. The Sixth Central Pa y Commission submitted its report on
24.3.2008 r6.-dating to the structure of emoluments allowances, etn of the
Centra; Governme-nt employees. As per Clause (1) of the Resolution of
c.,vernrrient cf india. the Pay Band-2 is Rs.9300-34800i-. Th e concept of
4grade through- ••••••. • ...rt.- .;
Sixth Central Pay Commission and
-;ne 1...,0• 1-0 dependent on :)' 2A1 band n Cause (l y) 'I
esolution, The calculation for fixatin..n of revised basic pay is provided. ,As
•2r1,--\ 57.1 •-on . etk-•,' 4.,,t7f!
t•A'i that /)=,' drawn{".
ay Commsson SCaeS snail be mp.ed by a factor of 1 .86 and then
eo Cr»
O1-=-••-•k,., ! C! ne wt 1UPAS.M,-" 1.) • and be1.0C On the revised
•
band The grade pay. as approved b y the Government in the
pre-revised pay scale, will be
3
;-pay day bandadded to fir,
U. 1-2
The total of pay in the pay band and grade pay will be the revised basic
pay as on 1.1.2006. Clause (x) of the Resolution deals with Group-B
cadres. The relevant Clause (x) (e) reads as follows:
"Group-B officers of DePartment of Posts, Revenue etc.
will be granted grade pay of Rs.5 : 400/- in PB-2 on non-
functional basis after 4 years of regular service in the
grade pay of Rs.4,8001- in PB-2."
As per the above clause, Group-B officers of Department of Posts,
Revenue etc., will be granted grade pay of Rs.5,400/- in PB-2 on non-
functional basis after 4 years of regular service in the grade pay of
Rs.4.800i- in PB-2. The revised scales of pay, as per the
recommendations of Sixth Central Pay Commission with the corresponding
grade pay, was specified in Annexure-I Part-A of the Resolution. At Serial
No.15, the grade pay of PB-2 pay band of Rs.9300-34800 is Rs.4800/-.
After acceptance of the Sixth Pay Commission report, vide Resolution
dated 29.8.2008, the Union of India ; in exercise of powers conferred by the
proviso to Article 309 and Clause (5) of Articles 148 of Constitution of
India. issued Central Civil Services (Revised Pay) Rules, 2008, which
were published as GSR 622 (E) in the Gazette dated 29.8.2008 and the
Rules were given retrospective effect from 1.1.2006. On account of the
above report of the Sixth Central Pay Commission and subsequent
instructions ; a Group-B officer in PB-2 with a grade pay of Rs.4,800/- is
entitled for grade pay of Rs.5,400/- on non-functional basis after 4 years of
regular service. The enhancement of grade pay is not dependent on the
post, but on regular service of 4 years in grade pay of Rs.4,800/- in PB-2.
A clarification was issued by the concerned stating that "the Department of
Expenditure have now clarified that the 4 years period is to be counted with
4 of 12
•V ti z _ CV •-•1,-,
.-nr• .1-.e.
: •:;%. • 4 e)roTh:',, pre-revised
if an officer has completed 4 years on
31._:.006 or earlier. he wi be
ive • the non-functional upgradatior with
effec i• from CY .C1.2006. if the officer COrnnIPtes 4 years on the date after
-; frr'M such date
e completes 4 years .17
o 1.1! st,k., 0; r(S. t);.../U-12.00u lore-:
The post of inspector in the Central Excise & Customs,
;. ,• .4 Vinr-nry
pay scale of is Group-B rTh1 J
1. 4 4-: t . e•:', • order dated 11.5.9004, the
9;:z.,••••• •-• :•••4•. •i.••40of ndi unifoml- the pay scale of inpeotor of