Delhi Administration Stenographers' Welfare Association (Regd.)C/o. DGEWF, Room No. 126, 1st Level, Delhi Secretariat,I.P. Estate, New Delhi-110002.E-mail: gnctdss_daswa@yahoo.com, gnctdss.daswa@gmail.com
DASWA requests all the Stenographers’ working in GNCT of Delhi to pursue the pending matters as stated below for speedy redressal of grievances of Stenographers.
BACKGROUND NOTE SUBMITTED ON BEHALF OF DASWA TO PR. SECRETARY (SERVICES) ON GOVERNMENT OF NCT OF DELHI STENOGRAPHERS SERVICE, IN THE MEETING DATED 23.07.2010
1. There are two categories of employees working in Central Government i.e. CSS/CSSS cadre and Non-Secretariat/Subordinate office staff under different Ministries of Government of India. Employees of Government of NCT of Delhi having status of Union Territory, have been treated as employees of Subordinate office under Ministry of Home Affairs and are also treated as employees of Central Government (as per CCS Rules).
2. In respect of Grade-II /P.A. of GNCTDSS:- There is almost similarity and historic parity in the pay-scales and service conditions of the employees of GNCT of Delhi (Subordinate Office of MHA) and CSS/CSSS Cadre except at Grade-II level. Fourth and Fifth Central Pay Commissions have placed this category of employees one grade up in respect of CSS/CSSS Cadre, and Subordinate Office Staff of this category were placed one grade below to them having observations that the CSS/CSSS cadre employees have more work pressure. But in respect of Stenographers after Fourth Pay Commission, Ministry of Home, after consulting Ministry of Finance, Department of Expenditure, vide their letter dated 02.02.1993 placed the subordinate staff of Grade-II category upgraded to a similar grade by granting same pay-scale (1400-2600) (pre-revised) and that was specifically for Stenographers whereas the Grade-II (DASS) were placed in the pay scale of 1400-2300/- (pre-revised) one grade down to their counterparts in Central Government and Stenographers of GNCT of Delhi. As a result of which, this category of employees i.e. Stenographers working in subordinate offices including GNCT of Delhi, became at par with the CSSS cadre in respect of their pay scales which was really a special treatment with stenographers. But, again by administrative order, Central Government further upgraded the pay scale of this category of employees by granting them pay scale of Rs. 1640-2900 (pre-revised) leaving behind their counterparts in subordinate offices. In the mean time, 5th Central Pay Commission was formed and again having observations that the CSS/CSSS cadre employees have more work pressure and they maintained the disparity and granted pay scale of 5500-9000 (pre-revised) to Grade-II employees in CSSS Cadre leaving behind their counterparts in subordinate offices and the Stenographers in Subordinate offices were placed in the pay scale of 5000-8000 (pre-revised) and Grade-II (DASS)/Head-Clerk were placed in the pay-scale of 4500-7000 (pre-revised) which was later on upgraded to the pay scale of 5000-8000 (pre-revised) i.e. equivalent to Stenographers. After implementation of 5th Central Pay Commission, some of the Subordinate offices granted pay-scale of 5500-9000 (pre-revised) to their Grade-II employees as there were various Court Cases decided in favour of Subordinate staff but in case of staff of GNCT of Delhi, the Government of Delhi, by maintaining parity with Central Government, granted the similar pay-scale of Rs. 5500-9000 (pre-revised) to its employees as well.
Further, again by an administrative decision, Central Government further upgraded the pay scale of this category of employees by granting them pay scale of Rs. 6500-10000 (pre-revised) leaving behind their counterparts in subordinate offices. Again in the mean time, Sixth Central Pay Commission was formed and in view of the orders passed in different court cases in favour of Subordinate Offices, the Commission has specifically mentioned that there should be parity in pay-scales in respect of similar category of employees which have historic parity. Sixth CPC have therefore merged the pay scale of 5000, 5500 and 6500 (pre-revised) and granted them similar grade pay of Rs. 4200/- and removed all the anomalies for this category of employees. But, again the Central Government by an administrative decision have granted upgraded grade pay of Rs. 4600/- to its Grade-II employees leaving behind their counterparts in subordinate offices. Now, it is for the Government to decide that this chasing tendency be stopped at the earliest and an standing order may be passed that as and when service conditions of this category of employees changes whether in respect of pay-scales or for other service conditions in Central Government, those will also be accepted in the Government of NCT of Delhi in toto. Most importantly, it is submitted that the GNCTD Stenographers Service Rules, 2008 have been framed on the basis of the Central Secretariat Stenographers Service Rules (CSSS Cadre, Govt. of India) and the service conditions have also been kept at par by the UPSC. Therefore, the Stenographers working in Govt. of NCT of Delhi are entitled to all the benefits being granted to the Stenographers of CSSS Cadre, Govt. of India.
3. In respect of Sr. P.A. of GNCTDSS:- Recruitment Rules for Sr. P.A. / Grade-I Stenographers in Government of NCT of Delhi were Notified on 21.04.1989 and as per RRs of this post, this category of employees were placed in the pay scale of 2000-3200 (pre-revised) and the classification of this post was Group ‘B’ Non-Gazetted. Further, vide Notification dated 13.10.1995, this post was declared Group ‘B’ Gazetted by GNCT of Delhi. But in case of Grade-I DASS, their post of Grade-I DASS was given the similar pay scale after 6 years i.e. on 19.03.1996 and declared Group ‘B’ Gazetted later on. Since then, this post has remained Group ‘B’ Gazetted and during 5th Central Pay Commission it was placed at par with their counterparts in Central Government having historical parity. Again, in the meantime by an administrative decision, Central Government further upgraded the pay scale of this category of employees by granting them non-functional pay scale of Rs. 8000-13500 (Pre-revised) to the P.S./Sr. PAs/Grade-I Stenographers after completion of 4 years of service in the pay scale of Rs. 6500-10500 (Pre-revised) leaving behind their counterparts in subordinate offices. For this category of employees also, the Govt. of NCT of Delhi has rightly granted the non-functional pay scale of Rs. 8000-13500 (Pre-revised) to the Sr. PAs/Grade-I Stenographers after completion of 4 years of service in the pay scale of Rs. 6500-10500 (Pre-revised) and the pay scale of Rs. 5500-9000 (pre-revised) to the Stenographers Grade-II, which has been granted only after the approval of Hon’ble Lt. Governor, Delhi and subsequently approved by the UPSC. Therefore, in our opinion, no action is required to be taken by the Govt. of NCT of Delhi on the letter dated 09.04.2010 received from Director (Delhi), MHA and the interests of the Stenographers working in GNCT of Delhi may kindly be safeguarded.
Now, after implementation of 6th Central Pay Commission, Central Government has further granted fixation of pay-scales of this category of employees by granting them fixation in Pay Band-3 to the employees having non-functional pay scale of Rs. 8000-13500 (Pre-revised) to the P.S./Sr. PAs/Grade-I Stenographers after completion of 4 years of service in the pay scale of Rs. 6500-10500 (Pre-revised) leaving behind their counterparts in subordinate offices. It is once again submitted that the GNCTD Stenographers Service Rules, 2008 have been framed on the basis of the Central Secretariat Stenographers Service Rules (CSSS Cadre, Govt. of India) and the service conditions have also been kept at par by the UPSC. Moreover, as per notified service Rules, this category of employees has been granted the non-functional pay scale of Rs. 8000-13500 (Pre-revised) to the Sr. PAs/Grade-I Stenographers after completion of 4 years of service in the pay scale of Rs. 6500-10500 (Pre-revised). Therefore, the Stenographers working in Govt. of NCT of Delhi are entitled to all the benefits being granted to the Stenographers of CSSS Cadre, Govt. of India. Further, it is also pertinent to mention here that the proposal of Government of Delhi for creation of 19 posts of Pr. Private Secretary in the pay scale of Rs. 10000-325-15200 (pre-revised) has recently been approved by the Ministry of Home Affairs, DoPT as well as UPSC for de-linking the post of Senior P.A. from the feeder grade posts eligible for induction into Entry Grade of DANICS.
4. Separate Stenographers’ Cadre in Government of NCT of Delhi has been restructured based on the recommendation of the Ministry of Home Affairs in consultation with the Department of Expenditure, Ministry of Finance, which was conveyed vide letter No. F.No. U.14012/12/2005-Delhi.I dated 19.07.2006 of Under Secretary, MHA (Annexure-A).
5. Subsequently, the Govt. of NCT of Delhi Stenographers Service Rules, 2008 (Annexure-B) have been framed after prior approval of the UPSC and notified by the Hon’ble Lieutenant Governor, Delhi (since “Government” means Lt. Governor in case of GNCT of Delhi) in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India read with the Govt. of India, Ministry of Home Affairs Notification No. F.27/59-Him(i) dated the 13.07.1959 (Annexure-C) and all other powers enabling him in this behalf. As per the said Service Rules, Stenographers’ Cadre in GNCT of Delhi has been created separately as shown below in comparison with the position prevailing in Central Secretariat Stenographers Services Cadre (CSSS) of Govt. of India:-
Name of the Post Position in GNCTD
(Pre-revised) Position in CSSS, GOI
(Pre-revised)
Sr. P.A. Rs. 6500-10500
(On initial appointment)
Rs. 8000-13500
(On completion of 4 years of regular service in the grade) Rs. 6500-10500
(On initial appointment)
Rs. 8000-13500
(On completion of 4 years of regular service in the grade)
Stenographer Grade-II Rs. 5500-9000 Rs. 5500-9000
(Rs. 6500-10500 w.e.f. 15.09.2006)
Stenographer Grade-III Rs. 4000-6000 Rs. 4000-6000
The above table clearly shows the parity between the Stenographers Cadre of Govt. of NCT of Delhi and the Stenographers Cadre of CSSS, GOI at Grade-I and Grade-III level. The only disparity exists at Grade-II level and the same has arisen due to grant of pay scale of Rs. 6500-10500 w.e.f. 15.9.2006. The said anomaly has further been widened after implementation of Sixth Pay Commission and subsequent grant of Grade Pay of Rs. 4600/- to Grade-II Stenographers of CSSS Cadre and other cadres by Govt. of India.
Most importantly, it is submitted that the GNCTD Stenographers Service Rules, 2008 have been framed on the basis of the Central Secretariat Stenographers Service Rules (CSSS Cadre, Govt. of India) and the service conditions have also been kept at par by the UPSC. Therefore, the Stenographers working in Govt. of NCT of Delhi are entitled to all the benefits being granted to the Stenographers of CSSS Cadre, Govt. of India.
Now, the Sixth Pay Commission in its report has removed all the anomalies at the level of Grade-II Stenographers working under GNCTD and CSSS Cadre of GOI by merging the pay scales of 5000-8000 and 5500-9000 with 6500-10500 (pre-revised) [Annexure-D].
6. It is further submitted that Rule 13 read with Schedule II of the Delegation of Financial Power Rules, 1978 (Annexure-E), duly approved by the Parliament of India and approved by the President of India, which clearly defines that Administrator of Delhi is the competent authority to create posts in the establishments of Government of NCT of Delhi.
7. Vide letter No. U.14011/134/95/Delhi-II dated 23.05.1996 and letter No. U.14011/134/96/Delhi-II dated 01.01.1997 (Annexure-F), the Ministry of Home Affairs has delegated the power to Government of NCT of Delhi for creation of posts on both plan as well as non-plan side under Group- A, B,C, and D in any office of the Government of Delhi.
8. Further, the provision contained in Article 239AA, (3) (a) of Constitution of India provides:-
“Subject to the provision of this constitution, the legislative Assembly shall have power to make laws for the whole or any part of the National Capital Territory with respect to any of the matters enumerated in the State List or in the Concurrent List so far as any such matter is applicable to Union Territories except matters with respect to Entries 1 (Public Order), 2 (Police) and 18 (Land Matters) and Entries 64,65 and 66 of that list in so far as they relate to the said entries 1,2 and 18.”
9. Section 41 of the Government of NCT of Delhi Act provides:-
“Matters in which Lieutenant Governor to act in his discretion.-
(1) The Lieutenant Governor shall act in his discretion in a matter-
a. which falls outside the purview of the powers conferred on the Legislative Assembly but in respect of which powers or functions are entrusted or delegated to him by the President; or
b. in which he is required by or under any law to act in his discretion or to exercise any judicial or quasi-judicial functions.
(2) If any question arises as to whether any matter is or is not a matter as respects which the Lieutenant Governor is by or under any law required to act in his discretion, the decision of the Lieutenant Governor thereon shall be final.
(3) If any question arises as to whether any matter is or is not a matter as respects which the Lieutenant Governor is required by any law to exercise any judicial or quasi-judicial functions, the decision of the Lieutenant Governor thereon shall be final.”
PRAYER:- In view of the facts mentioned above and ongoing historic parity between the Stenographers of CSSS Cadre, Govt. of India and the Stenographers working under Govt. of NCT of Delhi, this Association prays before your honour that the matter related to Stenographers may kindly be taken up separately (being separate cadre) in respect of the following:-
1. The Govt. of NCT of Delhi has rightly granted the non-functional pay scale of Rs.8000-13500 (Pre-revised) to the Sr. PAs/Grade-I Stenographers after completion of 4 years of service in the pay scale of Rs. 6500-10500 (Pre-revised) and the pay scale of Rs. 5500-9000 (pre-revised) to the Stenographers Grade-II, which has been granted only after the approval of Hon’ble Lt. Governor, Delhi and subsequently approved by the UPSC. Therefore, in our opinion, no action is required to be taken by the Govt. of NCT of Delhi on the letter dated 09.04.2010 received from Director (Delhi), MHA and the interest of the Stenographers working in GNCT of Delhi may kindly be safeguarded.
2. Fixation in Pay Band-3 may kindly be granted to Sr. PAs/Grade-I Stenographers in the non-functional pay scale of Rs. 8000-13500 (Pre-revised) after completion of 4 years of service in the pay scale of 6500-10500 (Pre-revised).
3. Further, it is submitted that the O.M. No.F.No.1/1/2008-IC dated 13.11.2009 has been issued by the Deptt. of Expenditure, Ministry of Finance, Govt. of India (copy of O.M. enclosed) wherein all the PAs/Grade-II Stenographers working in various Ministries/Departments of Govt. of India have been granted grade pay of Rs. 4600/- in the pay band PB-2 w.e.f. 1.1.2006. Further, vide O.M. dated 16.11.2009 (copy enclosed), it has been specifically clarified that Assistants/Personal Assistants of CSS Cadre, Armed Forces Headquarter Service, Indian Foreign Service “B” and Railway Board Secretariat Service and their counterpart Stenographer Services will also be eligible to the Grade Pay of Rs.4600/- in the pay band PB-2 w.e.f. 1.1.2006. The said O.M. dated 16.11.2009 has already been implemented vide DOPT O.M. No. 5/16/2009-CS-II dated 23.12.2009 (copy enclosed). In this regard, it is submitted that Delhi Stenographers’ Services cadre has a historic parity with the Central Secretariat Stenographers’ Services and all the allowances granted to the Stenographers in Central Govt. are also provided to the Stenographers working in Govt. of Delhi. Moreover, the recently framed Delhi Stenographers’ Services Rules, 2008 have also been drawn based on the Central Secretariat Stenographers’ Services Rules. In view of the above facts, it is requested that the grade pay of Rs. 4600/- as granted to the Stenographers in Govt. of India, may also be granted to the Stenographers alongwith required amendments in Service Rules/RRs in Govt. of Delhi for which we shall be highly obliged to your honour.
4. Further, it is submitted that the O.M. No. AB.14017/61/ 2008-Estt.(RR) dated 24.03.2009 has been issued by the Deptt. of Personnel & Training, Govt. of India which has also been endorsed to Government of NCT of Delhi and moreover it has also been further circulated by the Services Department to all the HODs of GNCTD for taking necessary action in this regard (copy of O.M. enclosed). This O.M. is in continuation of the different O.M.s issued by DoPT after implementation of 6th Central Pay Commission with regard to change in pay-structure, introduction of Modified Assured Career Progression (MACPS), change in date of increment, change in guidelines for formation of Departmental Promotion Committee, change in eligibility criteria for promotions, introduction of Annual Performance Appraisal Report instead of ACRs and such other service conditions etc. Vide above-said O.M., minimum qualifying service for promotion between various posts/Grades has also been reduced as per the recommendations of the 6th Central Pay Commission and change in pay structure etc. For instance, in the case of Stenographers Cadre, for promotion from Grade-II (Grade Pay 4200) to Grade-I (Grade Pay 4800) the minimum qualifying service for promotion has been reduced from 8 years to 6 years. Due to inaction in the matter, presently, more than one hundred posts of Sr. P.A./Grade-I are lying vacant as there are no eligible candidates available for these posts, minimum qualifying service being 8 years (unchanged), due to which this cadre is facing undue stagnation in spite of having eligible candidates of having qualifying service of 6 years (as per new instructions). It is, further submitted that we have already made representation to the Secretary (Services) vide our representations dated 15.01.2010 and 11.02.2010 to Secretary (Services) and dated 10.03.2010 to the Hon’ble Chief Secretary by the Delhi Government Employees Welfare Federation, but nothing has been done as on date. It is, therefore, requested that the necessary directions may kindly be passed for updation of Statutory Service Rules i.e. Government of NCT of Delhi Stenographers Service Rules by making amendments therein as per instructions of DoPT, to provide due service conditions to the Stenographers and also for functional requirement. We shall be highly grateful if updation in Statutory Service Rules/RRs are made timely as per guidelines of DoPT.
-Sd- -Sd-
(Vijay Sood) (Rakesh Sharma)
Vice President (DASWA) General Secretary (DASWA)
DASWA requests all the Stenographers’ working in GNCT of Delhi to pursue the pending matters as stated below for speedy redressal of grievances of Stenographers.
BACKGROUND NOTE SUBMITTED ON BEHALF OF DASWA TO PR. SECRETARY (SERVICES) ON GOVERNMENT OF NCT OF DELHI STENOGRAPHERS SERVICE, IN THE MEETING DATED 23.07.2010
1. There are two categories of employees working in Central Government i.e. CSS/CSSS cadre and Non-Secretariat/Subordinate office staff under different Ministries of Government of India. Employees of Government of NCT of Delhi having status of Union Territory, have been treated as employees of Subordinate office under Ministry of Home Affairs and are also treated as employees of Central Government (as per CCS Rules).
2. In respect of Grade-II /P.A. of GNCTDSS:- There is almost similarity and historic parity in the pay-scales and service conditions of the employees of GNCT of Delhi (Subordinate Office of MHA) and CSS/CSSS Cadre except at Grade-II level. Fourth and Fifth Central Pay Commissions have placed this category of employees one grade up in respect of CSS/CSSS Cadre, and Subordinate Office Staff of this category were placed one grade below to them having observations that the CSS/CSSS cadre employees have more work pressure. But in respect of Stenographers after Fourth Pay Commission, Ministry of Home, after consulting Ministry of Finance, Department of Expenditure, vide their letter dated 02.02.1993 placed the subordinate staff of Grade-II category upgraded to a similar grade by granting same pay-scale (1400-2600) (pre-revised) and that was specifically for Stenographers whereas the Grade-II (DASS) were placed in the pay scale of 1400-2300/- (pre-revised) one grade down to their counterparts in Central Government and Stenographers of GNCT of Delhi. As a result of which, this category of employees i.e. Stenographers working in subordinate offices including GNCT of Delhi, became at par with the CSSS cadre in respect of their pay scales which was really a special treatment with stenographers. But, again by administrative order, Central Government further upgraded the pay scale of this category of employees by granting them pay scale of Rs. 1640-2900 (pre-revised) leaving behind their counterparts in subordinate offices. In the mean time, 5th Central Pay Commission was formed and again having observations that the CSS/CSSS cadre employees have more work pressure and they maintained the disparity and granted pay scale of 5500-9000 (pre-revised) to Grade-II employees in CSSS Cadre leaving behind their counterparts in subordinate offices and the Stenographers in Subordinate offices were placed in the pay scale of 5000-8000 (pre-revised) and Grade-II (DASS)/Head-Clerk were placed in the pay-scale of 4500-7000 (pre-revised) which was later on upgraded to the pay scale of 5000-8000 (pre-revised) i.e. equivalent to Stenographers. After implementation of 5th Central Pay Commission, some of the Subordinate offices granted pay-scale of 5500-9000 (pre-revised) to their Grade-II employees as there were various Court Cases decided in favour of Subordinate staff but in case of staff of GNCT of Delhi, the Government of Delhi, by maintaining parity with Central Government, granted the similar pay-scale of Rs. 5500-9000 (pre-revised) to its employees as well.
Further, again by an administrative decision, Central Government further upgraded the pay scale of this category of employees by granting them pay scale of Rs. 6500-10000 (pre-revised) leaving behind their counterparts in subordinate offices. Again in the mean time, Sixth Central Pay Commission was formed and in view of the orders passed in different court cases in favour of Subordinate Offices, the Commission has specifically mentioned that there should be parity in pay-scales in respect of similar category of employees which have historic parity. Sixth CPC have therefore merged the pay scale of 5000, 5500 and 6500 (pre-revised) and granted them similar grade pay of Rs. 4200/- and removed all the anomalies for this category of employees. But, again the Central Government by an administrative decision have granted upgraded grade pay of Rs. 4600/- to its Grade-II employees leaving behind their counterparts in subordinate offices. Now, it is for the Government to decide that this chasing tendency be stopped at the earliest and an standing order may be passed that as and when service conditions of this category of employees changes whether in respect of pay-scales or for other service conditions in Central Government, those will also be accepted in the Government of NCT of Delhi in toto. Most importantly, it is submitted that the GNCTD Stenographers Service Rules, 2008 have been framed on the basis of the Central Secretariat Stenographers Service Rules (CSSS Cadre, Govt. of India) and the service conditions have also been kept at par by the UPSC. Therefore, the Stenographers working in Govt. of NCT of Delhi are entitled to all the benefits being granted to the Stenographers of CSSS Cadre, Govt. of India.
3. In respect of Sr. P.A. of GNCTDSS:- Recruitment Rules for Sr. P.A. / Grade-I Stenographers in Government of NCT of Delhi were Notified on 21.04.1989 and as per RRs of this post, this category of employees were placed in the pay scale of 2000-3200 (pre-revised) and the classification of this post was Group ‘B’ Non-Gazetted. Further, vide Notification dated 13.10.1995, this post was declared Group ‘B’ Gazetted by GNCT of Delhi. But in case of Grade-I DASS, their post of Grade-I DASS was given the similar pay scale after 6 years i.e. on 19.03.1996 and declared Group ‘B’ Gazetted later on. Since then, this post has remained Group ‘B’ Gazetted and during 5th Central Pay Commission it was placed at par with their counterparts in Central Government having historical parity. Again, in the meantime by an administrative decision, Central Government further upgraded the pay scale of this category of employees by granting them non-functional pay scale of Rs. 8000-13500 (Pre-revised) to the P.S./Sr. PAs/Grade-I Stenographers after completion of 4 years of service in the pay scale of Rs. 6500-10500 (Pre-revised) leaving behind their counterparts in subordinate offices. For this category of employees also, the Govt. of NCT of Delhi has rightly granted the non-functional pay scale of Rs. 8000-13500 (Pre-revised) to the Sr. PAs/Grade-I Stenographers after completion of 4 years of service in the pay scale of Rs. 6500-10500 (Pre-revised) and the pay scale of Rs. 5500-9000 (pre-revised) to the Stenographers Grade-II, which has been granted only after the approval of Hon’ble Lt. Governor, Delhi and subsequently approved by the UPSC. Therefore, in our opinion, no action is required to be taken by the Govt. of NCT of Delhi on the letter dated 09.04.2010 received from Director (Delhi), MHA and the interests of the Stenographers working in GNCT of Delhi may kindly be safeguarded.
Now, after implementation of 6th Central Pay Commission, Central Government has further granted fixation of pay-scales of this category of employees by granting them fixation in Pay Band-3 to the employees having non-functional pay scale of Rs. 8000-13500 (Pre-revised) to the P.S./Sr. PAs/Grade-I Stenographers after completion of 4 years of service in the pay scale of Rs. 6500-10500 (Pre-revised) leaving behind their counterparts in subordinate offices. It is once again submitted that the GNCTD Stenographers Service Rules, 2008 have been framed on the basis of the Central Secretariat Stenographers Service Rules (CSSS Cadre, Govt. of India) and the service conditions have also been kept at par by the UPSC. Moreover, as per notified service Rules, this category of employees has been granted the non-functional pay scale of Rs. 8000-13500 (Pre-revised) to the Sr. PAs/Grade-I Stenographers after completion of 4 years of service in the pay scale of Rs. 6500-10500 (Pre-revised). Therefore, the Stenographers working in Govt. of NCT of Delhi are entitled to all the benefits being granted to the Stenographers of CSSS Cadre, Govt. of India. Further, it is also pertinent to mention here that the proposal of Government of Delhi for creation of 19 posts of Pr. Private Secretary in the pay scale of Rs. 10000-325-15200 (pre-revised) has recently been approved by the Ministry of Home Affairs, DoPT as well as UPSC for de-linking the post of Senior P.A. from the feeder grade posts eligible for induction into Entry Grade of DANICS.
4. Separate Stenographers’ Cadre in Government of NCT of Delhi has been restructured based on the recommendation of the Ministry of Home Affairs in consultation with the Department of Expenditure, Ministry of Finance, which was conveyed vide letter No. F.No. U.14012/12/2005-Delhi.I dated 19.07.2006 of Under Secretary, MHA (Annexure-A).
5. Subsequently, the Govt. of NCT of Delhi Stenographers Service Rules, 2008 (Annexure-B) have been framed after prior approval of the UPSC and notified by the Hon’ble Lieutenant Governor, Delhi (since “Government” means Lt. Governor in case of GNCT of Delhi) in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India read with the Govt. of India, Ministry of Home Affairs Notification No. F.27/59-Him(i) dated the 13.07.1959 (Annexure-C) and all other powers enabling him in this behalf. As per the said Service Rules, Stenographers’ Cadre in GNCT of Delhi has been created separately as shown below in comparison with the position prevailing in Central Secretariat Stenographers Services Cadre (CSSS) of Govt. of India:-
Name of the Post Position in GNCTD
(Pre-revised) Position in CSSS, GOI
(Pre-revised)
Sr. P.A. Rs. 6500-10500
(On initial appointment)
Rs. 8000-13500
(On completion of 4 years of regular service in the grade) Rs. 6500-10500
(On initial appointment)
Rs. 8000-13500
(On completion of 4 years of regular service in the grade)
Stenographer Grade-II Rs. 5500-9000 Rs. 5500-9000
(Rs. 6500-10500 w.e.f. 15.09.2006)
Stenographer Grade-III Rs. 4000-6000 Rs. 4000-6000
The above table clearly shows the parity between the Stenographers Cadre of Govt. of NCT of Delhi and the Stenographers Cadre of CSSS, GOI at Grade-I and Grade-III level. The only disparity exists at Grade-II level and the same has arisen due to grant of pay scale of Rs. 6500-10500 w.e.f. 15.9.2006. The said anomaly has further been widened after implementation of Sixth Pay Commission and subsequent grant of Grade Pay of Rs. 4600/- to Grade-II Stenographers of CSSS Cadre and other cadres by Govt. of India.
Most importantly, it is submitted that the GNCTD Stenographers Service Rules, 2008 have been framed on the basis of the Central Secretariat Stenographers Service Rules (CSSS Cadre, Govt. of India) and the service conditions have also been kept at par by the UPSC. Therefore, the Stenographers working in Govt. of NCT of Delhi are entitled to all the benefits being granted to the Stenographers of CSSS Cadre, Govt. of India.
Now, the Sixth Pay Commission in its report has removed all the anomalies at the level of Grade-II Stenographers working under GNCTD and CSSS Cadre of GOI by merging the pay scales of 5000-8000 and 5500-9000 with 6500-10500 (pre-revised) [Annexure-D].
6. It is further submitted that Rule 13 read with Schedule II of the Delegation of Financial Power Rules, 1978 (Annexure-E), duly approved by the Parliament of India and approved by the President of India, which clearly defines that Administrator of Delhi is the competent authority to create posts in the establishments of Government of NCT of Delhi.
7. Vide letter No. U.14011/134/95/Delhi-II dated 23.05.1996 and letter No. U.14011/134/96/Delhi-II dated 01.01.1997 (Annexure-F), the Ministry of Home Affairs has delegated the power to Government of NCT of Delhi for creation of posts on both plan as well as non-plan side under Group- A, B,C, and D in any office of the Government of Delhi.
8. Further, the provision contained in Article 239AA, (3) (a) of Constitution of India provides:-
“Subject to the provision of this constitution, the legislative Assembly shall have power to make laws for the whole or any part of the National Capital Territory with respect to any of the matters enumerated in the State List or in the Concurrent List so far as any such matter is applicable to Union Territories except matters with respect to Entries 1 (Public Order), 2 (Police) and 18 (Land Matters) and Entries 64,65 and 66 of that list in so far as they relate to the said entries 1,2 and 18.”
9. Section 41 of the Government of NCT of Delhi Act provides:-
“Matters in which Lieutenant Governor to act in his discretion.-
(1) The Lieutenant Governor shall act in his discretion in a matter-
a. which falls outside the purview of the powers conferred on the Legislative Assembly but in respect of which powers or functions are entrusted or delegated to him by the President; or
b. in which he is required by or under any law to act in his discretion or to exercise any judicial or quasi-judicial functions.
(2) If any question arises as to whether any matter is or is not a matter as respects which the Lieutenant Governor is by or under any law required to act in his discretion, the decision of the Lieutenant Governor thereon shall be final.
(3) If any question arises as to whether any matter is or is not a matter as respects which the Lieutenant Governor is required by any law to exercise any judicial or quasi-judicial functions, the decision of the Lieutenant Governor thereon shall be final.”
PRAYER:- In view of the facts mentioned above and ongoing historic parity between the Stenographers of CSSS Cadre, Govt. of India and the Stenographers working under Govt. of NCT of Delhi, this Association prays before your honour that the matter related to Stenographers may kindly be taken up separately (being separate cadre) in respect of the following:-
1. The Govt. of NCT of Delhi has rightly granted the non-functional pay scale of Rs.8000-13500 (Pre-revised) to the Sr. PAs/Grade-I Stenographers after completion of 4 years of service in the pay scale of Rs. 6500-10500 (Pre-revised) and the pay scale of Rs. 5500-9000 (pre-revised) to the Stenographers Grade-II, which has been granted only after the approval of Hon’ble Lt. Governor, Delhi and subsequently approved by the UPSC. Therefore, in our opinion, no action is required to be taken by the Govt. of NCT of Delhi on the letter dated 09.04.2010 received from Director (Delhi), MHA and the interest of the Stenographers working in GNCT of Delhi may kindly be safeguarded.
2. Fixation in Pay Band-3 may kindly be granted to Sr. PAs/Grade-I Stenographers in the non-functional pay scale of Rs. 8000-13500 (Pre-revised) after completion of 4 years of service in the pay scale of 6500-10500 (Pre-revised).
3. Further, it is submitted that the O.M. No.F.No.1/1/2008-IC dated 13.11.2009 has been issued by the Deptt. of Expenditure, Ministry of Finance, Govt. of India (copy of O.M. enclosed) wherein all the PAs/Grade-II Stenographers working in various Ministries/Departments of Govt. of India have been granted grade pay of Rs. 4600/- in the pay band PB-2 w.e.f. 1.1.2006. Further, vide O.M. dated 16.11.2009 (copy enclosed), it has been specifically clarified that Assistants/Personal Assistants of CSS Cadre, Armed Forces Headquarter Service, Indian Foreign Service “B” and Railway Board Secretariat Service and their counterpart Stenographer Services will also be eligible to the Grade Pay of Rs.4600/- in the pay band PB-2 w.e.f. 1.1.2006. The said O.M. dated 16.11.2009 has already been implemented vide DOPT O.M. No. 5/16/2009-CS-II dated 23.12.2009 (copy enclosed). In this regard, it is submitted that Delhi Stenographers’ Services cadre has a historic parity with the Central Secretariat Stenographers’ Services and all the allowances granted to the Stenographers in Central Govt. are also provided to the Stenographers working in Govt. of Delhi. Moreover, the recently framed Delhi Stenographers’ Services Rules, 2008 have also been drawn based on the Central Secretariat Stenographers’ Services Rules. In view of the above facts, it is requested that the grade pay of Rs. 4600/- as granted to the Stenographers in Govt. of India, may also be granted to the Stenographers alongwith required amendments in Service Rules/RRs in Govt. of Delhi for which we shall be highly obliged to your honour.
4. Further, it is submitted that the O.M. No. AB.14017/61/ 2008-Estt.(RR) dated 24.03.2009 has been issued by the Deptt. of Personnel & Training, Govt. of India which has also been endorsed to Government of NCT of Delhi and moreover it has also been further circulated by the Services Department to all the HODs of GNCTD for taking necessary action in this regard (copy of O.M. enclosed). This O.M. is in continuation of the different O.M.s issued by DoPT after implementation of 6th Central Pay Commission with regard to change in pay-structure, introduction of Modified Assured Career Progression (MACPS), change in date of increment, change in guidelines for formation of Departmental Promotion Committee, change in eligibility criteria for promotions, introduction of Annual Performance Appraisal Report instead of ACRs and such other service conditions etc. Vide above-said O.M., minimum qualifying service for promotion between various posts/Grades has also been reduced as per the recommendations of the 6th Central Pay Commission and change in pay structure etc. For instance, in the case of Stenographers Cadre, for promotion from Grade-II (Grade Pay 4200) to Grade-I (Grade Pay 4800) the minimum qualifying service for promotion has been reduced from 8 years to 6 years. Due to inaction in the matter, presently, more than one hundred posts of Sr. P.A./Grade-I are lying vacant as there are no eligible candidates available for these posts, minimum qualifying service being 8 years (unchanged), due to which this cadre is facing undue stagnation in spite of having eligible candidates of having qualifying service of 6 years (as per new instructions). It is, further submitted that we have already made representation to the Secretary (Services) vide our representations dated 15.01.2010 and 11.02.2010 to Secretary (Services) and dated 10.03.2010 to the Hon’ble Chief Secretary by the Delhi Government Employees Welfare Federation, but nothing has been done as on date. It is, therefore, requested that the necessary directions may kindly be passed for updation of Statutory Service Rules i.e. Government of NCT of Delhi Stenographers Service Rules by making amendments therein as per instructions of DoPT, to provide due service conditions to the Stenographers and also for functional requirement. We shall be highly grateful if updation in Statutory Service Rules/RRs are made timely as per guidelines of DoPT.
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(Vijay Sood) (Rakesh Sharma)
Vice President (DASWA) General Secretary (DASWA)
