Central Administrative Tribunal

Principal Bench
New Delhi
OA No.954/2013
Order reserved on : 19.09.2014
Order pronounced on : 22.09.2014

Honble Shri Shekhar Agarwal, Member (A)
Honble Dr. Brahm A. Agrawal, Member (J)

1.Shri Gita Ram, Inspector of Accounts,
Directorate General,
All India Radio,
Akashvani Bhavan,
New Delhi-110001.

2.Shri Kanwar Singh, Inspector of Accounts,
Directorate General,
All India Radio,
Akashvani Bhavan,
New Delhi-110001.

3.Shri Masood Javed, Inspector of Accounts,
Directorate General,
All India Radio,
Akashvani Bhavan,
New Delhi-110001.
.Applicants
(By Advocate : Shri S.M. Dalal )

Versus


1.Union of India through
the Secretary,
Ministry of Finance,
(Department of Expenditure, E-III),
North Block,
New Delhi-110001.

2.The Secretary, Ministry of I & B,
Shastry Bhavan,
New Delhi-110001.

3.The Director General,
All India Radio,
Akashvani Bhavan,
New Delhi-110001.
Respondents

(By Advocate : Shri Rajeev Sharma)

ORDER

Honble Dr. Brahm A. Agrawal, (J) :

The three applicants, working as Inspectors of Accounts with the respondent no.3, have
prayed through this O.A. that the respondents be directed to grant them Grade Pay of Rs.5400 from
the date they completed 4 years of service in the Grade Pay of Rs.4800 in the Pay Band2 in terms of
the relevant part (i.e., The First Schedule, Part-B, Section II, Serial No.II.2) of the CCS (Revised Pay )
Rules, 2008, which reads as under:-

II OFFICE STAFF WORKING IN ORGANISATIONS OUTSIDE
THE SECRETARIAT

Sl.No. Post Pres-ent
scale
Revised
Pay Scale
Corresponding
Pay Band
& Grade
Pay

Para No.
of the
Report
1. Administrative
Officer Grade
II/Sr. Private
Secretary/
equivalent
7500-
12000
7500-
12000
(entry
grade for
fresh
recruits)
8000-
13500
(on com-
pletion of
four years)
9300-34500 PB-2
4800

5400
(on
completion
of 4 years)
3.1.14



2. They have also prayed for direction to the respondents to pay them the arrears with interest.

3. The applicants were admittedly in the pay-scale of Rs.7500-12000, replaced with Pay Band2 with
Grade Pay of Rs.4800.

4. We have heard the learned counsel for the parties, perused the pleadings and given our
thoughtful consideration to the matter.

5.It is seen that the respondents nos.2 and 3 favourably processed the case of the applicants and
referred the matter to the respondent no.1, vide Annexure A-6. However, the respondent no.1 did
not agree with the proposal of the respondent no.2, vide Annexure A-1, which reads as under :-
Ministry of Information & Broadcasting may please refer to their notes on pre pages regarding the
extension of Grade Pay of Rs.5400/- in PB-2 on non functional basis on completion of 4 years of
regular service in the grade of Rs.4800/- to the Sr. Administrative Officer and Inspector of Accounts
of AIR and Doordarshan as per S.No.II of Section II of Part B of First Schedule of the CCS (RP) Rules
2008.

2. The matter has been examined in this Department. It is observed that the pay scale of Sr.
AO was revised to Rs.7500-12000 w.e.f. 3.2.2004 on the basis of High Courts order dated 25.9.2002
as the said order was upheld by the Supreme Court. As such, the higher pay scale of Rs.7500-12000
was granted to SAO not on merit basis and the pay scale of SAO is not a regular pay scale.

3. Further, it is observed that the promotional post of SAO is Inspector of Accounts which is
also in the GP of Rs.4800/- in PB-2 and AM has also proposed to extend the GP of Rs.5400 in PB-2 to
Inspector of Accounts. However, it would not be appropriate to extend the GP of Rs.5400/- in PB-2
on non functional basis to Inspector of Accounts since 6th CPC have made separate
recommendation for accounts staff belonging to unorganized accounts cadre and the accounts staff
belonging unorganized accounts cadre have been extended the corresponding replacement pay
band and GP only. The extension of such dispensation may have wider repercussions. If the Grade
Pay of Rs.5400/- in PB-2 is granted to SAO, the vertical relativities would be disturbed.

4. In view of the above, the proposal for the extension of Grade Pay of Rs.5400/- in PB-2 on
non functional basis on completion of 4 years of regular service in the grade of Rs.4800/- to the Sr.
Administrative Officer and Inspector of Accounts is not agreed to.

5. JS(Per) has seen.

6. The first reason given by the respondent no.1 in the above-quoted note that the pay-scale of
Rs.7500-12000 had been given on the basis of Honble High Courts order, as upheld by the Honble
Supreme Court, and not on merit basis, is a statement which may even amount to Contempt of
Court. Further, it was stated and admitted at the Bar that the post of Inspector of Accounts, though
so designated, is not a post falling in the category of accounts staff. Hence, neither of the reasons
given by the respondent no.1, in our view, stands to reason.

7. In view of the above, we hold the applicants entitled to Grade Pay of Rs.5400 from the due
date. They are also entitled to the arrears due to them with simple interest @ 9% per annum. The
respondents are directed to do the needful within two months from the date of receipt of a copy
of this order.

8. The O.A. is disposed of accordingly. No order as to costs.


( Dr. Brahm A. Agrawal ) ( Shekhar Agarwal )
Member (J) Member (A)