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KEr.'llRlVA VIDYALAYA SA.~GATHAN 18 ~rrm ~. 'If,fr.; till". ~ 'If'(

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18, Institutional Area, Shaheect Jeilt Singh Marg

NgyrDe!1l1fQ016

F.11013-212011-KVS (Admn.l)

Dated:'{)7 '{)8-2012

MEMORANDUM
WHEREAS, in pursuant to the directions of HonOble CAT, Ernakulam Bench in OA No. 43212009, KVS issued its order No. 12-17/99-KVS(Admn-l) Vol.iI dated 13.06.2011, and aggrieved by the same the Kendriya Vidyalaya Non-Teaching Staff Association & Others filed OA No. 542/2011 before the HonObiaCAT Emakulam Bench. WHEREAS, the Hon'ble CAT vide its order dated 17.06.2011, directed the respondents as under.-

We heerd Mr. T.C. Govindsswemy, Counsel for the applicants and taking into consideration and also the balance of convenience, we direct not to recover the alleged axcess amount from the applicants for a period of two weeks. For further consideration, let the OA be posted after two weekS so as to enable the respondents to file rap/y on the interim relief, if any. Copy of the order be given to the counsel for the perties. List on 06.07.2011 .
WHEREAS, the Hon'ble CAT vide its order dated 12.01.2012, making absolute the interim order dated 17.06.2011 directed the respondents as under: The raspondents have not examined whether Annexure-A 11 and objections of the Audit on which the antire action of the respondents ara based, hold good any longer in the light of Para 6.2 above of the MACP Scheme. In the circumstances, we are of the considered view thai the respondents should Issue a speaking order in the malter of denial of Grade pay of Rs. 42001- to the applicants having regard to the relevant aspects with due application of mind.

-2In the light of the above, Annexure A-11 is set aSide. The interim direction dated 17.06.2011 not to recover the alleged excess amount from the applicants is made absolute till the respondents reconsider the matter and Issue a speaking order and communicate the same to the applicants. The OA Is disposed of as above with no order 8S to costs . WHEREAS, in Kendriya Vidyalaya Sangathan the post of lOC, UOC and Assistant have all India transfer liability and the incumbents to the posts are interchangeable i.e. from Headquarter to ROsIKVslZlETs and vice versa, The status positlon of the pay scales of these posts after implementation of 6'" CPC Ie prior to 01 082008 and after 01 08 2008 is as underPrior to 01.08.2008 After 01.08.2008 S. Name of Pay scale end Grade S Name of Paysca'e N. I post I pay N I post of 1 lOC PB-1 with GP of 1 lOC PB-1 with GP Rs. 1900 (preRs.1900. revised 30504590) PB-1 with GP of 2 UOC PB-1 with GP of 2 UOC 2400( pre(promotio Rs.24OO. (promotion Rs. 4000nal post al post for revised for the the post of 6000) lOC) post of lOC) GP of PB-1 with GP of 3 Assistant PB-2 with 3 Assistant (promatia Rs. 4200 (the post was Superinten Rs. 2800 (pre4500nal post redesignated as dent revised for the Assistant and was up (promotion 7000) post of graded to pre-revised al post for UOC) pay scale of Rs. 5500the post of UOC) 9000 along with all the incumbents to I posts) WHEREAS, from the table above, n may be perused that pnor to 01.08.2008 the pay scale for the promotional post for UOC was Rs. 45007000 (replacement scale of which is Pay Band-1 with GP of Rs. 2800/-) and w.e.f. 01,08,2008 the post was up graded along with incumbents to the post and was redesignated as Assistant in the pay scale of Rs. 5500.9000 whose replacements scale is of Rs, 4200 (GP) in Pay Band-II..

-3WHEREAS, the condition no. 6.2 of MACPS provides as under."In cases where financial up gradation had been granted to Government servants in the next higher scale in the hierarchy of their cadre as per the provisions of the ACP Scheme of August, 1999 but whereas as a result of the implementation of sixth CPC's recommendations the next higher post in the hierarchy of the cadre has been upgraded by granting a higher grade pay, the pay of such employees in the revised pay structure will be fixed with reference to the higher Grade pay granted to the post. To illustrate, in the case of Jr. Engineer in CPWD, who was granted 1<tACP in his hierarchy to the Grade of Asst. Engineer in the pre-revised scale of Rs. 6500-10500 corresponding to the revised grade pay of Rs. 4200/- in the pay band PB-2, he will now be granted grade pay of Rs. 4600/- in the pay band PB-2 consequent upon up gradation of the post of Asst. Engineer. In CPWD by granting them the Grade pay of Rs. 4600 in PB-2 as a result of sixth CPC's recommendation. However, from the date of implementation 01 the MACPS, all the financial up gradations under the Scheme should be done strictly in accordance with the hierarchy of Grade pays in pay bands as notified vide CCS (Revised Pay) Rules, 2008." WHEREAS, the aforesaid illustration does not apply in the instant OA. The pre-revised pay scale of Rs. 5500-9000 (replacement scale of pay of which is Rs. 9300-34800 with Grade pay of Rs. 4200) has been granted to the post of ASSistant in KVS w.e.f. 01.08.2008 among all incumbents of the post (the promotional posts for the post of UDC) whereas, prior to 01.08.2008 it was only 4500-7000 (replacement scale of pay of which is Rs. 5200-20200 with Grade pay of Rs. 2800). However, it is also a fact that the incumbents to the post of Assistant Superintendent (the promotional post to the post of UDC prior to 01.08.2008) worked at par with other Assistants after 18.07.2001 i.e. the date of merger of the post of Head Clerk/Audit Asst.lAssistant in KVS. Whereas, the financial up gradation under ACP scheme to those UDCslLDCs who were granted 1" or 2"" up gradation (as the case may be) prior to 1.8.2008 were granted by KVS in Pay Band-2 with Grade pay of Rs. 4200 erroneously by a Regional Office Hyderabad of KVS which was also not at par with the Grade pay drawn by similarly deSignated employees posted in KVS Headquarter office. However, the matter was referred to the Goveming Ministry, which after detailed examination of the matter, vide their letter dated 26.04.2011 has also conveyed that the Grade pay of Rs. 4200 is not admissible to UDC and LDC who have completed 12 and 24 years of regular service prior to 01.08.2008 and directed KVS to take rectificatory measures resulting in to issuance of KVS letter dated 13.06.2011.

-4.
Thus, the provision under Para 6.2 of Government of India, MACPS issued vide OM No. 35034/312008-Esstt (D) dated 19.05.2009 does not apply to the matter involved in the instant OA. The decision of the competent authority conveyed vide KVS letter No. F.12-17199-KVS (Admn-l)Nol.lI dated 13.06.2011 is in order which has been issued based on the decision conveyed by the Governing Ministry. The representation of Shri Basudev Chakraborty, General Secretary KEVINTSA dated 13.02.2012 thus stands disposed of in compliance to the directions of the Hon'ble CAT Emakulam Bench issued vide its order dated 12.01.2012Iry OA No. 542/2011. /) . , ~~ (AVINASH DIKSHIT) COMMISSIONER /shri Basudev Chakraborty GIn. SecreUiry KEVINTSA, 2211, Jogendra Nath Ghoshal Road Arladaha, KolkaUi-700057

Copy to:
1. The Deputy Commissioner KVS, Regional Office Chennal for information and necessary action 2. The Assistant Commissioner (L&C) KVS (HQ) for Information w.r.t. O.A. No. 54212011 and WP No. 197912012 filed by KEVINTSA & others before Hon'ble CAT Emakulam Bench and Hon'ble High Court of Kerala at Ernakulam. Joint Commissioner

(Pers_>