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
A) CENTRAL SECRETARIAT STENOGRAPHERS’ SERVICE (CSSS) :
A) CENTRAL SECRETARIAT STENOGRAPHERS’ SERVICE (CSSS) :
A) CENTRAL SECRETARIAT STENOGRAPHERS’ SERVICE (CSSS)
4. Parity in respect of Grade-III Stenographers- The post of Grade-III Stenographer has always been at par with CSSS in Delhi Government in terms all the Service Conditions including pay-scales.
A) CENTRAL SECRETARIAT STENOGRAPHERS’ SERVICE (CSSS)
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.”
15. CCS (Pension) Rules, 1972 provides:
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.”
ANNEXURE- ‘A’
Background Note on stagnation in promotions of
Stenographers
STAGNATION
IN STENOGRAPHERS’ CADRE:
1. Stenographers
of GNCT of Delhi were earlier covered under Delhi Administration Subordinate
Service (DASS) Rules, 1967 and they were provided dual avenues of promotions as
there were bleak chances of promotions in their own cadre. On recommendation of
UPSC, Services Department of GNCT of Delhi stopped the dual avenues of
promotions and proposed for restructuring of Stenographic cadre in GNCT of
Delhi with the spirit to provide all the service conditions at par with CSSS.
2. On
various representations of Delhi Administration Stenographers’ Welfare
Association, Stenographers Cadre of Delhi Government was restructured in the
ratio of 40:40:20 (Grade-III, Grade-II and Grade-I) in accordance with the
guidelines of DoPT on the pattern of CSSS Rules and separate GNCT of Delhi
Stenographers Service Rules, 2008 were framed and subsequently vide
notification dated 21.02.2011, post of PPS was also made available with the
approval of UPSC at par with CSSS Rules.
PRESENT
STRUCTURE OF STENOGRAPHERS’ CADRE IN GNCT OF DELHI:
3. At
present, the Govt. of NCT of Delhi Stenographers Service consists of following four posts :-
|
S.No.
|
Name of Post
|
Group/ Classification
|
Scale of Pay
|
Present Strength
|
|
|
1.
|
Steno Gr. III
|
Group C (Non-Gazetted) / General Central
Service (Ministerial)
|
4000-6000
(Pre-revised)
|
553
|
|
|
2.
|
Steno Gr. II
|
Group B (Non-Gazetted) / General Central
Service (Ministerial)
|
5000-8000
(Pre-revised)
*5500-9000
w.e.f. 01.01.2006
|
494
|
|
|
3.
|
Sr. PA/Gr.I
|
Group B (Gazetted) / General Central
Service (Ministerial)
|
6500-10500
(Pre-revised)
*8000-13000
(On completion of 4
years)
w.e.f. 01.01.2008
|
224
|
|
|
4.
|
Pr. Private Secretary
|
Group A (Gazetted) / General Central
Service (Ministerial)
|
15600-39100
With GP 6600
In PB-3
|
19
|
|
VACANCY
POSITION IN DECEMBER, 2013
|
|
Steno Gr. III
|
Steno Gr. II
|
Sr. PA/Gr.I
|
Pr. Private Secretary
|
|
Santioned
|
553
|
494
|
224
|
19
|
|
Filled
|
151
|
433
|
144
|
13
|
|
Vacant
|
402
|
61
|
80
|
6
|
PRESENT POSITION OF
STAGNATION IN GNCT OF DELHI :
4. Firstly,
it is quite apparent from the statement given above that the ratio of 40:40:20
of the Grade-I, II and III has been disturbed which was granted to
Stenographers’ cadre after delinking from DASS Cadre, hence, we have been
deprived of number of posts which were required to be upgraded at the level of
Grade-II and Grade-I.
5. Secondly,
above statement also transpires that despite availability of vacancies, DPC has
not been convened for the posts of Grade-I and Grade-II as has been done in
case of DASS Cadre in this year, 2013. Hence, all the posts of Grade-I and
Grade-II are also required to be filled up by way of giving promotions or on
ad-hoc basis at the earliest on priority basis as has been done in case of DASS
cadre in this year, 2013.
6. It
is also pertinent to mention that despite completion of all the documents,
process of DPC for promotion to the post of PPS has not been expedited and is
being delayed for one reason or other. This is required to be done at the
earliest on priority.
COMPARISON WITH DASS
CADRE IN RESPECT OF PROCESS OF PROMOTIONS, IN
2013
|
|
Promotion
Year
|
Remarks
|
|
DASS Grade-III
|
Incumbents with less than 10 years of
service are getting Ad-hoc promotion to the posts of Grade-II
|
Qualifying
Service is 10 years
|
|
Steno Gr. III
|
Incumbents with more than15 years of
service still waiting for 1st promotion to the posts of Grade-II
|
Qualifying
service is 5 years
|
|
|
|
|
|
DASS Grade-II
|
2007 batch has already got promotion to the
posts of Grade-I
|
Qualifying
Service is 6 years
|
|
Steno Gr. II
|
2004 batch is still waiting for promotion
to the posts of Grade-I
|
Qualifying
service is 8 years
|
7. Above
statement clearly shows that Stenographers have been deprived of expeditious
process of promotional benefit as has been done in case of DASS cadre in the
year, 2013.
8. Stagnation
due to non-updation of Service Rules:- Further, it is submitted that 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. This O.M. is in continuation of the different O.M.s issued by DoPT
after implementation of 6th Central Pay Commission. 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 and moreover it has been reduced
to 5 years for CSSS. Further, for promotion from Pvt.
Secretary to Pr. Pvt. Secretary it has been reduced from 8 to 6 years. It has been requested time and again for
passing necessary directions for timely updation of Statutory Service Rules/RRs
i.e. Government of NCT of Delhi Stenographers Service Rules by making
amendments therein as per instructions/guidelines of DoPT, to provide due
service conditions to the Stenographers at par with CSSS.
9. Further,
it is pointed out that the restructuring of Stenographers’ Cadre was done up to
the level of Sr. P.A. /Gr.1 only in the year 2008, and later on Rules for Pr.
Private Secretary were framed and only 19 posts were upgraded. It can be seen
that only 19 posts of PPS are not sufficient and has further created stagnation
in the Cadre. It was also pointed out that the posts of PPS should be created and not upgraded so that ratio of cadre
may not get disturbed and number of
posts of PPS should be at least 50 % of the posts of Sr. P.A. so that an
incumbent may get atleast three promotions in his overall service career as
per principle of natural justice and as observed by the Apex Court. Further, it
is also requested that posts of Sr. PPS
and PSO may also be created on the pattern of CSSS Cadre. Further, as
analyzed, as per present structure of cadre, it may be seen that most of the
present Sr. P.A.s / Grade-I will not get the benefit of third promotion to the
post of PPS before they get superannuated. Despite repeated requests only 19
posts were provided and that too by way of upgradation. It was assured that for
the time being 19 posts are being created and later on number of posts of PPS
shall be enhanced by relaxing the entitlement criteria of the officers for
level of Stenographic assistance as has been done in CSSS but nothing has been
done as on date. Further, it is also pointed out that the cadre of
Stenographers’ was restructured (upto the level of Sr.PA only) in the year 2008
and as per guidelines of DoPT after 5 years Service Rules can be amended and
reviewed. In view of the facts and circumstances mentioned above, restructuring of Stenographers’ cadre in
GNCT of Delhi is required to be done in all respects and upto all levels in
parity with CSSS.
************
ANNEXURE- ‘B’
Background Note on Stenographers working in GNCT of Delhi
for restructuring for Stenographers’ Cadre in parity with CSSS.
RESTRUCTURING
OF STENOGRAPHIC CADRE OF GNCTD:
1. Stenographers
of GNCT of Delhi were earlier covered under Delhi Administration Subordinate
Service (DASS) Rules, 1967 and they were provided dual avenues of promotions as
there were bleak chances of promotions in their own cadre. On recommendation of
UPSC, Services Department of GNCT of Delhi stopped the dual avenues of
promotions and proposed for restructuring of Stenographic cadre in GNCT of
Delhi with the spirit to provide all the service conditions at par with CSSS.
2. On
various representations of Delhi Administration Stenographers’ Welfare
Association, Stenographers Cadre of Delhi Government was restructured in the
ratio of 40:40:20 (Grade-III, Grade-II and Grade-I) in accordance with the
guidelines of DoPT on the pattern of CSSS Rules and separate GNCT of Delhi
Stenographers Service Rules, 2008 were framed and subsequently vide
notification dated 21.02.2011, post of PPS was also made available with the
approval of UPSC on the pattern of CSSS Rules.
PRESENT
STRUCTURE OF STENOGRAPHERS’ CADRE IN GNCT OF DELHI:
3. At
present, the Govt. of NCT of Delhi Stenographers Service Rules, 2008 consists
of following four posts:-
|
S.No.
|
Name of Post
|
Group/ Classification
|
Scale of Pay
|
Present Strength
|
|
|
1.
|
Steno Gr. III
|
Group C (Non-Gazetted) / General Central
Service (Ministerial)
|
4000-6000
(Pre-revised)
|
553
|
|
|
2.
|
Steno Gr. II
|
Group B (Non-Gazetted) / General Central
Service (Ministerial)
|
5000-8000
(Pre-revised)
*5500-9000
w.e.f. 01.01.2006
|
494
|
|
|
3.
|
Sr. PA/Gr.I
|
Group B (Gazetted) / General Central
Service (Ministerial)
|
6500-10500
(Pre-revised)
*8000-13000
(On completion of 4
years)
w.e.f. 01.01.2008
|
224
|
|
|
4.
|
Pr. Private Secretary
|
Group A (Gazetted) / General Central
Service (Ministerial)
|
15600-39100
With GP 6600
In PB-3
|
19
|
|
4. It
is apparent that the Government of NCT of Delhi has adopted pattern of CSSS for
restructuring of Stenographers Cadre (upto
the level of Sr. P.A./Gr.I only) and framed Service Rules on the same
pattern in consultation with MHA, DoPT and UPSC. But, unfortunately at the time of process of framing of abovesaid
Service Rules in Delhi Government, service conditions were not the same which
are at present and recommendations of 6th Central Pay Commission
were not available by that time. Now, as per recommendations of 6th
Central Pay Commissions and further DoPT O.M.s, service conditions in some
cases have been relaxed and grades of pay have been enhanced.
5. Therefore,
after implementation of Sixth Central Pay Commission in Delhi Government it was
represented that Stenographers’ cadre should be given all the benefits of
relaxed service conditions and pay-scales etc. of 6th CPC as in the case of
other benefits. It was represented time
and again that when, in principle, it has been decided by the Government of NCT
of Delhi that all the Service conditions provided to Stenographers of Central
Government are also extended to the Stenographers of GNCT of Delhi and are also
governed at par with the Stenographers of Central Government, the
recommendations of 6th CPC and other service conditions should be at
par.
6. Further,
it is submitted that 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. 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 and moreover
it has been reduced to 5 years for CSSS. Further, for
promotion from Pvt. Secretary to Pr. Pvt. Secretary it has been reduced from 8
to 6 years. It has been
requested time and again for passing necessary directions for timely updation
of Statutory Service Rules/RRs i.e. Government of NCT of Delhi Stenographers
Service Rules by making amendments therein as per instructions/guidelines of
DoPT, to provide due service conditions to the Stenographers at par with
CSSS.
7. Further,
it may also be seen that the Services Department keep on mentioning the
pay-scales (Pre-revised) on each and every order issued by them for promotions
etc. whereas there should be fresh pay-scales and grade-pays are required to be
mentioned. Therefore, by way of updation, restructuring of Stenographers cadre
is required to be done in all respects.
COMPARATIVE
STATEMENT OF QUALIFYING SERVICE FOR PROMOTION:
8. The
hierarchy of Central Secretariat and Delhi Government with respect to
Stenographers is explained below in a tabular form:
A) CENTRAL SECRETARIAT STENOGRAPHERS’ SERVICE (CSSS) :
|
S.
No.
|
Name of Post
|
Group/ Classification
|
6th CPC Scale of Pay
|
Qualifying service for promotion
|
||
|
1.
|
Steno Gr. D
|
Group C (Non-Gazetted) / General Central
Service (Ministerial)
|
5200-20200 with GP
2400 in PB-1
|
10 years for
promotion to P.A./Gr.C
|
||
|
2.
|
Steno Gr. C
|
Group B (Non-Gazetted) / General Central Service
(Ministerial)
|
9300-34800 with GP
4600 in PB-2
|
5 years for
promotion to P.S.
|
||
|
3.
|
Private Secretary
|
Group B (Gazetted) / General Central
Service (Ministerial)
|
9300-34800 with GP
4800 in PB-2*
*15600-39100 with
GP 5400 in PB-3
(On completion of 4
years)
|
6 years for
promotion to PPS
|
||
|
4.
|
Pr. Private Secretary
|
Group A (Gazetted) / General Central
Service (Ministerial)
|
15600-39100 with GP
6600
in PB-III
|
5 years for
promotion to Sr. PPS
|
||
B) Government of NCT
of Delhi :
|
S.
No.
|
Name of Post
|
Group/ Classification
|
6th CPC Scale of Pay
|
Qualifying service for promotion
|
Required qualifying service
|
|
1.
|
Steno Gr. III
|
Group C (Non-Gazetted) / General Central
Service (Ministerial)
|
5200-20200 with GP
2400 in PB-1
|
5 years for
promotion to Grade-II/P.A.
|
10 years for
promotion to Grade-II/P.A.
|
|
2.
|
Steno Gr. II
|
Group B (Non-Gazetted) / General Central
Service (Ministerial)
|
9300-34800 with GP
4200 in PB-2
(GP should be 4600)
|
8 years for
promotion to Grade-I/Sr.P.A.
|
5 years for
promotion to Grade-I/Sr.P.A.
|
|
3.
|
Sr. PA/Gr.I
|
Group B (Gazetted) / General Central
Service (Ministerial)
|
Should remain
9300-34800 with GP
4800 in PB-2*
*9300-34800 with GP
5400 in PB-2
(On completion
of 4 years)
Should be
*15600-39100 with GP 5400 in PB-3
(On completion
of 4 years)
|
8 years for
promotion to PPS
|
6 years for
promotion to PPS
|
|
4.
|
Pr. Private Secretary
|
Group A (Gazetted) / General Central
Service (Ministerial)
|
15600-39100 with GP
6600
in PB-III
(Since inception)
|
---
|
---
|
9. Further,
it is pointed out that the restructuring of Stenographers’ Cadre was done up to
the level of Sr. P.A. /Gr.1 only in the year 2008, and later on Rules for Pr.
Private Secretary were framed and only 19 posts were upgraded. It can be seen
that only 19 posts of PPS are not sufficient and has further created stagnation
in the Cadre. It was also pointed out that the posts of PPS should be created and not upgraded so that ratio of
cadre may not get disturbed and number
of posts of PPS should be at least 50 % of the posts of Sr. P.A. so that an
incumbent may get atleast three promotions in his overall service career as
per principle of natural justice and as observed by the Apex Court. Further, posts of Sr. PPS and PSO may also
be created on the pattern of CSSS Cadre. As analyzed, as per present
structure of cadre, it may be seen that most of the present Sr. P.A.s / Grade-I
will not get the benefit of third promotion to the post of PPS before they get
superannuated. Despite repeated requests only 19 posts were provided and that
too by way of upgradation. It was assured that for the time being 19 posts are
being created and later on number of posts of PPS shall be enhanced by relaxing
the entitlement criteria of the officers for level of Stenographic assistance
as has been done in CSSS but nothing has been done as on date. Further, it is
also pointed out that the cadre of Stenographers’ was restructured (upto the
level of Sr.PA only) in the year 2008 and as per guidelines of DoPT after 5
years Service Rules can be amended and reviewed. Therefore, now restructuring of Stenographers’ cadre
is required to be done in all respects and upto all levels in parity with CSSS.
COMPARATIVE
STATEMENT OF POSTS IN GNCT OF DELHI AND CSSS :
10. The
hierarchy of Central Secretariat and Delhi Government with respect to
Stenographers is explained below in a tabular form:
A) CENTRAL SECRETARIAT STENOGRAPHERS’ SERVICE (CSSS) :
|
S.
No.
|
Name of Post
|
Group/ Classification
|
6th CPC Scale of Pay
|
Qualifying service for promotion
|
Remarks
|
||
|
1.
|
Steno Gr. D
|
Group C (Non-Gazetted) / General Central
Service (Ministerial)
|
5200-20200 with GP
2400 in PB-1
|
10 years for
promotion to P.A./Gr.C
|
|
||
|
2.
|
Steno Gr. C
|
Group B (Non-Gazetted) / General Central
Service (Ministerial)
|
9300-34800 with GP
4600 in PB-2
|
5 years for promotion
to P.S.
|
|
||
|
3.
|
Private Secretary
|
Group B (Gazetted) / General Central
Service (Ministerial)
|
9300-34800 with GP
4800 in PB-2*
*15600-39100 with
GP 5400 in PB-3
(On completion of 4
years)
|
6 years for
promotion to PPS
|
|
||
|
4.
|
Pr. Private Secretary
|
Group A (Gazetted) / General Central
Service (Ministerial)
|
15600-39100 with GP
6600
in PB-III
|
5 years for
promotion to Sr. PPS
|
|
||
|
5.
|
Sr. PPS
|
Group A (Gazetted) / General Central
Service (Ministerial)
|
|
|
Post
not available in GNCT of Delhi, required to be created
|
||
|
6.
|
Staff Officer
|
Group A (Gazetted) / General Central
Service (Ministerial)
|
|
|
Post
not available in GNCT of Delhi, required to be created
|
||
B) Government of NCT
of Delhi :
|
S.
No.
|
Name of Post
|
Group/ Classification
|
6th CPC Scale of Pay
|
Qualifying service for promotion
|
|
|
1.
|
Steno Gr. III
|
Group C (Non-Gazetted) / General Central
Service (Ministerial)
|
5200-20200 with GP
2400 in PB-1
|
5 years for
promotion to Grade-II/P.A.
|
|
|
2.
|
Steno Gr. II
|
Group B (Non-Gazetted) / General Central
Service (Ministerial)
|
9300-34800 with GP
4200 in PB-2
(GP should be 4600)
|
8 years for
promotion to Grade-I/Sr.P.A.
|
Nomenclature
required to be changed to P.A.
|
|
3.
|
Sr. PA/Gr.I
|
Group B (Gazetted) / General Central
Service (Ministerial)
|
Should remain
9300-34800 with GP
4800 in PB-2*
*9300-34800 with GP
5400 in PB-2
(On completion
of 4 years)
Should be
*15600-39100 with GP 5400 in PB-3
(On completion
of 4 years)
|
8 years for
promotion to PPS
|
Nomenclature
required to be changed to Pvt. Secretary
|
|
4.
|
Pr. Private Secretary
|
Group A (Gazetted) / General Central
Service (Ministerial)
|
15600-39100 with GP
6600
in PB-III
(Since inception)
|
---
|
No. of posts is
required to be enhanced to 50% of the posts of Sr. P.A.
|
|
5.
|
Sr. PPS
|
Group A (Gazetted) / General Central
Service (Ministerial)
|
-
|
-
|
Post
not available in GNCT of Delhi, required to be created
|
|
6.
|
Staff Officer
|
Group A (Gazetted) / General Central
Service (Ministerial)
|
-
|
-
|
Post
not available in GNCT of Delhi, required to be created
|
11. Above
statement clearly shows that there is requirement of restructuring of
Stenographers Cadre in GNCT of Delhi for keeping them at par with CSSS in all
respect.
12. Further,
It was also been pointed out that the nomenclatures of posts of Stenographers’
Cadre in GNCT of Delhi should also be the same as of CSSS. But, despite
repeated requests same has also not been done.
COMPARATIVE
STATEMENT OF SCALES OF PAY
13. The
hierarchy of Central Secretariat and Delhi Government with respect to
Stenographers is explained below in a tabular form:
A) CENTRAL SECRETARIAT STENOGRAPHERS’ SERVICE (CSSS)
|
S.
No.
|
Name of Post
|
Group/ Classification
|
4th CPC Scale of Pay
|
5th CPC Scale of Pay
|
6th CPC Scale of Pay
|
||||||
|
1.
|
Steno Gr. D
|
Group C (Non-Gazetted) / General Central
Service (Ministerial)
|
1200-2040
|
4000-6000
|
5200-20200 with GP
2400 in PB-1
|
||||||
|
2.
|
Steno Gr. C
|
Group B (Non-Gazetted) / General Central
Service (Ministerial)
|
1400-2600*
*1640-2900
w.e.f. 31.07.1990
|
5500-9000*
*6500-10500
w.e.f. 01.01.2006
|
9300-34800 with GP
4600 in PB-2
|
||||||
|
3.
|
Private Secretary
|
Group B (Gazetted) / General Central
Service (Ministerial)
|
2000-3500
|
6500-10500
*8000-13000
(On completion of 4
years)
|
9300-34800 with GP
4800 in PB-2*
*15600-39100 with
GP 5400 in PB-3
(On completion of 4
years)
|
||||||
|
4.
|
Pr. Private Secretary
|
Group A (Gazetted) / General Central
Service (Ministerial)
|
-
|
10000-15200
|
15600-39100 with GP
6600
in PB-III
|
||||||
B)
Government of NCT of Delhi
|
S.
No.
|
Name of Post
|
Group/ Classification
|
4th CPC Scale of Pay
|
5th CPC Scale of Pay
|
6th CPC Scale of Pay
|
|||
|
1.
|
Steno Gr. III
|
Group C (Non-Gazetted) / General Central
Service (Ministerial)
|
1200-2040
|
4000-6000
|
5200-20200 with GP
2400 in PB-1
|
|||
|
2.
|
Steno Gr. II
|
Group B (Non-Gazetted) / General Central
Service (Ministerial)
|
1400-2600
|
5000-8000*
*5500-9000
w.e.f. 01.01.1996
|
9300-34800 with GP
4200 in PB-2
(GP should be 4600)
|
|||
|
3.
|
Sr. PA/Gr.I
|
Group B (Gazetted) / General Central
Service (Ministerial)
|
2000-3200 (w.e.f.
21.04.1989)
|
6500-10500
*8000-13000
(On completion of 4
years)
w.e.f. 01.01.1996
|
Should remain
9300-34800 with GP
4800 in PB-2*
*9300-34800 with GP
5400 in PB-2
(On completion
of 4 years)
Should be
*15600-39100 with GP 5400 in PB-3
(On completion
of 4 years)
|
|||
|
4.
|
Pr. Private Secretary
|
Group A (Gazetted) / General Central
Service (Ministerial)
|
-
|
-
|
15600-39100 with GP
6600
in PB-III
(Since inception)
|
|||
14. It
is pertinent to mention that mode of recruitment is same as for CSSS i.e. All
India Competitive Examination with similar eligibility criteria and presently
all the Stenographers Grade-II and above working in GNCT of Delhi have been
recruited through Staff Selection Commission prior to Delhi Subordinate Service
Selection Board.
15. Duties
of all the categories have also been at par with CSSS.
PRAYER:-
Keeping In view the justification,
substantial facts and figures mentioned above it is prayed as under:-
Stenographers’ Cadre in GNCT of Delhi be
restructured in parity with CSSS Cadre.
************
ANNEXURE – ‘C’
Background Note on Stenographers working in GNCT of Delhi
for seeking parity with CSSS in respect of pay scales.
RESTRUCTURING
OF STENOGRAPHIC CADRE OF GNCTD:
1. Stenographers
of GNCT of Delhi were earlier covered under Delhi Administration Subordinate
Service (DASS) Rules, 1967 and they were provided dual avenues of promotions as
there were bleak chances of promotions in their own cadre. On recommendation of
UPSC, Services Department of GNCT of Delhi
2. On
various representations of Delhi Administration Stenographers’ Welfare
Association, a proposal was sent to Ministry of Home Affairs and on
recommendation of Ministry of Home Affairs, GOI, 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,
after consultation with U.P.S.C., Stenographers Cadre of Delhi Government was
restructured in accordance with the guidelines of DoPT on the pattern of CSSS
Rules. Separate GNCT of Delhi
HISTORICAL
PARITY WITH CENTRAL GOVERNMENT EMPLOYEES:
3. At
present, the Govt. of NCT of Delhi Stenographers Service Rules, 2008 consists
of following four posts:-
|
S.No.
|
Name of Post
|
Group/ Classification
|
Scale of Pay
|
|
|
1.
|
Steno Gr. III
|
Group C (Non-Gazetted) / General Central
Service (Ministerial)
|
4000-6000
(Pre-revised)
|
|
|
2.
|
Steno Gr. II
|
Group B (Non-Gazetted) / General Central
Service (Ministerial)
|
5000-8000
(Pre-revised)
*5500-9000
w.e.f. 01.01.2006
|
|
|
3.
|
Sr. PA/Gr.I
|
Group B (Gazetted) / General Central
Service (Ministerial)
|
6500-10500
(Pre-revised)
*8000-13000
(On completion of 4
years)
w.e.f. 01.01.2008
|
|
|
4.
|
Pr. Private Secretary
|
Group A (Gazetted) / General Central
Service (Ministerial)
|
15600-39100
With GP 6600
In PB-3
|
|
4. Parity in respect of Grade-III Stenographers- The post of Grade-III Stenographer has always been at par with CSSS in Delhi Government in terms all the Service Conditions including pay-scales.
5. Parity
in respect of Grade-II Stenographers- The
pay scale of Stenographers Grade C in CSSS and Stenographers in Delhi
Government was at par i.e. Rs.1400-2600 (the
pay-scale which was given only to the stenographers and not to any other
category by the Ministry of Home Affairs, after consulting Ministry of Finance,
Department of Expenditure, vide their letter dated 02.02.1993 and it was
specifically for Stenographers whereas the other categories 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). This scale was upgraded
by the Govt. of India to Rs. 1640-2900 in case of Stenographers of CSSS by
issuing an O.M. dated 31.07.1990, but the same was not effected in Delhi
Government and it remained at Rs. 1400-2600 only. Further, after implementation of fifth pay
commission, pay scale of Rs. 5500-9000 was provided to Grade-II/’C’
Stenographers of CSSS cadre and the same was not given to the Stenographers of
GNCT of Delhi and they were placed in the pay scale of Rs. 5000-8000.
Subsequently, by an administrative order of DoPT, pay-scale
of Rs. 6500-10500 was granted to all grade-II/’C' Stenographers of CSSS cadre in Central Government w.e.f.
15.09.2006 vide O.M. No. 20/29/2006-CS.II (CS-I) dated 25.09.2006 but the same was
again not granted to the Stenographers in Delhi Government.
Keeping in view the above situation and to provide parity to this
category of Stenographers in GNCT of Delhi, the Govt. of NCT of Delhi finally granted pay scale of
Rs.5500-9000 (pre-revised) to the Stenographers Grade-II w.e.f. 01.01.1996 with
prior approval of Hon’ble Lt. Governor, Delhi. Subsequently, this scale was
also approved by the UPSC in Stenographers Service Rules, 2008 and this
category of Stenographers were granted parity with Central Government
Stenographers of CSSS Cadre. But, due to grant of pay scale of Rs. 6500-10500
to Grade-II/’C’ Stenographers of CSSS, again this category of Stenographers in
GNCT of Delhi are still lagging behind their counterparts in CSSS cadre.
Implication of abovesaid order affected this category of stenographers and they
were given grade pay of Rs. 4200/- after implementation of sixth Central Pay
Commission and stenographers Grade-II/’C’ have been granted Grade-Pay of Rs.
4600/-. Hence, after implementation of 6th Central Pay equal grade
pay of Rs. 4600/- has not been granted to the Grade-II Stenographers of GNCT of
Delhi. Therefore, anomaly exists in
respect of pay scales between this category of employees.
Now, as per
recommendations of 6th Central Pay Commissions and further DoPT
O.M.s, service conditions in some cases have been relaxed and grades of pay
have been enhanced. Moreover and most
importantly, now, the Sixth Pay Commission vide para no. 1.2.18, 2.2.19, 3.1.1,
3.1.2, 3.1.3, 3.1.4, 3.1.14, 3.8.1, 3.8.3 (g) and 7.57.5 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).
The
Sixth Pay Commission has also recommended parity in terms of hierarchical
structure of Office Staff in field offices and Secretariat up to the level of
Assistants/Personal Assistants and the Government had accepted this
recommendation. But, contrary to this, the Government of India, Ministry of Finance,
Department of Expenditure vide O.M No.1/1/2008-IC dated 16.11.2009 has extended
the pay structure of Grade Pay of Rs.4,600/- in the Pay Band PB2 to Assistants
and Personal Assistants belonging to Central Secretariat Service, Armed Forces
Head Quarter Service, Indian Foreign Service B and Railway Board Secretariat
Service and their counterpart Stenographer Services with effect from
01.01.2006, which will cover, SSC, CVC, UPSC etc, and like-wise extended the
pay structure of Grade Pay of Rs.4,800/- to the Section Officers/Private
Secretaries.
6. In respect of Grade-I/Sr.PA/PS- 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. 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, the Govt. of NCT of Delhi also
extended 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) w.e.f. 01.01.1996 with prior approval of
Hon’ble LG, Delhi. This scale was also approved
by the UPSC in Stenographers Service Rules, 2008 and this category of
Stenographers was granted parity with Central Government Stenographers of CSSS
Cadre.
It is pertinent to mention here that the Stenographers
Grade-I/Sr. PAs who are drawing GP 4800 are only eligible for Non Functional
Pay Scale of 9300-34800 with GP 5400 in PB-2 (8000-13500 Pre-revised) after
completion of 4 years of service and not the officials who are drawing the GP
of 4600. Moreover, as per the
hierarchical structure of Stenographers Cadre in Govt. of Delhi, the next
promotional post is Principal Private Secretary in the pay scale of 15600-39100
with GP 6600 in PB-3 and the feeder post for promotion to PPS is Stenographer
Grade-I/Sr. PA in the pay scale of 9300-34800 with GP 4800. This clearly transpires that Stenographers
Grade-I/Sr. PA cannot be placed in GP 4600 as they can never be eligible for
promotion to the post of PPS.
COMPARATIVE
STATEMENT OF SCALES OF PAY
7. The
hierarchy of Central Secretariat and Delhi Government with respect to
Stenographers is explained below in a tabular form:
A) CENTRAL SECRETARIAT STENOGRAPHERS’ SERVICE (CSSS)
|
S.
No.
|
Name of Post
|
Group/ Classification
|
4th CPC Scale of Pay
|
5th CPC Scale of Pay
|
6th CPC Scale of Pay
|
||||||
|
1.
|
Steno Gr. D
|
Group C (Non-Gazetted) / General Central
Service (Ministerial)
|
1200-2040
|
4000-6000
|
5200-20200 with GP
2400 in PB-1
|
||||||
|
2.
|
Steno Gr. C
|
Group B (Non-Gazetted) / General Central
Service (Ministerial)
|
1400-2600*
*1640-2900
w.e.f. 31.07.1990
|
5500-9000*
*6500-10500
w.e.f. 01.01.2006
|
9300-34800 with GP
4600 in PB-2
|
||||||
|
3.
|
Private Secretary
|
Group B (Gazetted) / General Central
Service (Ministerial)
|
2000-3500
|
6500-10500
*8000-13000
(On completion of 4
years)
|
9300-34800 with GP
4800 in PB-2*
*15600-39100 with
GP 5400 in PB-3
(On completion of 4
years)
|
||||||
|
4.
|
Pr. Private Secretary
|
Group A (Gazetted) / General Central
Service (Ministerial)
|
-
|
10000-15200
|
15600-39100 with GP
6600
in PB-III
|
||||||
B)
Government of NCT of Delhi
|
S.
No.
|
Name of Post
|
Group/ Classification
|
4th CPC Scale of Pay
|
5th CPC Scale of Pay
|
6th CPC Scale of Pay
|
|||
|
1.
|
Steno Gr. III
|
Group C (Non-Gazetted) / General Central
Service (Ministerial)
|
1200-2040
|
4000-6000
|
5200-20200 with GP
2400 in PB-1
|
|||
|
2.
|
Steno Gr. II
|
Group B (Non-Gazetted) / General Central
Service (Ministerial)
|
1400-2600
|
5000-8000*
*5500-9000
w.e.f. 01.01.1996
|
9300-34800 with GP
4200 in PB-2
(GP should be 4600)
|
|||
|
3.
|
Sr. PA/Gr.I
|
Group B (Gazetted) / General Central
Service (Ministerial)
|
2000-3200 (w.e.f.
21.04.1989)
|
6500-10500
*8000-13000
(On completion of 4
years)
w.e.f. 01.01.1996
|
Should remain
9300-34800 with GP
4800 in PB-2*
*9300-34800 with GP
5400 in PB-2
(On completion
of 4 years)
Should be
*15600-39100 with GP 5400 in PB-3
(On completion
of 4 years)
|
|||
|
4.
|
Pr. Private Secretary
|
Group A (Gazetted) / General Central
Service (Ministerial)
|
-
|
-
|
15600-39100 with GP
6600
in PB-III
(Since inception)
|
|||
8. It
is pertinent to mention that mode of
recruitment is same as for CSSS i.e. All India
Competitive Examination with similar eligibility criteria and presently all the
Stenographers Grade-II and above working in GNCT of Delhi
have been recruited through Staff Selection Commission prior to Delhi
9. Duties of all the categories have also
been at par with CSSS.
10. Some of the departments under different
central ministries, which are not covered under CSSS, have also provided grade
pay of 4600/- to its Grade-II Stenographers/equivalent posts and in some cases
Hon’ble CAT has granted them parity.
These include:-
- The Primary School Teacher Grade.II (5500-9000) was
given 7450-11500 with GP4600.
- Trained Graduate Teacher (5500-9000)
- Senior Surveyor (5500-9000) in Archaeological survey of
- The Company Prosecutor grade II drawing 6500-10500 and Grade-III
drawing 5500-9000 were merged and upgraded to 7450-11500
- Legal Assistants (5500-9000)
- The Field office viz. National Informatics Centre of
Department of Information Technology granted GP4600 to
- EPFO (under Ministry of Labour) also granted 7450-11500
to pre-5500-9000
- The Employees Insurance Corporation also granted GP4600
- Ministry of Finance vide OM.No.1/1/2008/IC dated
24.11.2008 extended 7450-11500 to all Official language posts in the field
offices also at par with CSS official language posts.
- All India Radio also granted GP4600 even to UDCs and Stenographer
Gr.III (5000-8000 on ACP).
- Central Administrative Tribunal
- All India Institute of Medical Science (AIIIMS).
- DSIIDC
11. Government
of India vide Notification dated 29.8.2008 approved the recommendations of the
6th CPC and pay scale of SOs/PSs/equivalent in the CSS/CSSS, as specified in
Section-II of Part B of CCS (Revised Pay) Rules, 2008, was admissible,
according to which, the posts of SO/PS whose pay scale has been revised to
Rs.7500-12000 have been placed in PB-2 with Grade Pay of Rs.4800/- and
Rs.8000-13500 on completion of four years in PB-3 with Grade Pay of Rs.5400/-.
The condition precedent for grant of pay scale is that those organizations,
which have had a historical parity with CSS/CSSS service and other
organizations like AFHQSS/AFHQSSS/RBSS and Ministerial/Secretarial posts in
Ministries/Departments organizations like MEA, Ministry of Parliamentary
Affairs, CVC, UPSC, etc. were also covered. In implementation of the 6th
CPC Report, not only in AFHQ Service but also the departments like R&AW of
the Cabinet Secretariat, UPSC, CBI, CVC, etc. SOs/PSs, have also been given the
NFSG w.e.f. 1.1.1996 notionally and 3.10.2003 on actual basis.
12. The Central Govt. have already granted pay scale of 7450-11500
to the UDCs/Stenographers Grade-D drawing pre-revised pay scale of 4000-6000 at
the time of their promotion to Assistants/Stenographers Grade-C on or after
2.1.2006.
POWERS
TO HON’BLE LIEUTENANT GOVERNOR AND SPECIAL PROVISIONS FOR GNCT OF DELHI
13. Subsequently,
the Govt. of NCT of Delhi Stenographers Service Rules, 2008 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 and all other powers enabling him in this behalf. The said
Rules were framed with the spirit to provide service conditions to the
Stenographers’ Cadre in GNCT of Delhi at par with CSSS. of Govt. of India
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.”
14. In
case of GNCT of Delhi, Hon'ble Lieutenant Governor is the competent authority
to create a post, grant pay-scales and relax the service conditions and the
same may be done just by moving proposal and it is also pertinent to mention
that due avenues of promotions by restructuring at par with CSSS was provided
after personal intervention of the then Hon'ble L.G. himself.
RULE POSITION WITH REGARD TO POWERS IN GNCT
OF DELHI
15. CCS (Pension) Rules, 1972 provides:
“(1) Employees
of Union Territories India Delhi
Administration as well as other Union
Territories
[G.I., M.H.A., U.O. No. U. 14026/1/84 Delhi
(D.III), dated the 24th March, 1984.]”
16. Hon’ble
Lieutenant Governor, Delhi
17. It
is submitted that Rule 13 read with Schedule II of the Delegation of Financial
Power Rules, 1978, 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.
18. 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, 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.
19. 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.”
LEGAL POSITION:
20. The Hon’ble
CAT in its judement in OA. No.164/2009 (MA.141/2009) dated 19th February, 2009,
OA.No.1165/2010 dated 9.4.2010 have categorically delivered that this clearly
shows that the 6th CPC recommendations have been adhered to not only in the
CSS/CSSS but also in the case of other Organisations, who have had historical
parity. As such, exclusion of the other employees and not meeting out the same
treatment without any intelligible differentia having reasonable nexus with the
object sought to be achieved, is an unreasonable classification and an
invidious discrimination, which cannot be countenanced in the wake of Article
14 of the Constitution of India
PRAYER:-
Keeping In view the
facts mentioned above and the established ongoing historic parity between the
Stenographers of CSSS Cadre, Govt. of India and the Stenographers working under
Govt. of NCT of Delhi, it is prayed as under:-
To safeguard the interest of the
stenographers working in Government of NCT of Delhi and to provide due service
conditions, all the service conditions including pay scales and grade-pay etc. in
respect of Stenographers of Govt. of NCT of Delhi may be kept at par with CSSS
Cadre of Govt. of India and issue may kindly be resolved at the earliest.
************
