C/o. DGEWF, Room No. 126, 1st
Level, Delhi
I.P. Estate, New
Delhi-110002.
E-mail: gnctdss_daswa@yahoo.com
No. F.
DASWA/2014-15/56 30th May, 2014
To
The Chairman / Secretary,
Seventh Central Pay Commission,
Post Box No. 4599, Hauz Khas P.O.,
New Delhi – 110 016
E-mail:- secy-7cpc@nic.in
Subject:
Forwarding of Memoranda in respect of Stenographers’ working under Government
of National Capital Territory of Delhi.
Respected
Sir,
Most respectfully, with due regards on behalf of the Delhi
Administration Stenographers’ Welfare Association, kindly find attached
herewith Memoranda as Annexure – ‘A’
in respect of Stenographers’ working under Government of National Capital
Territory of Delhi for kind perusal and necessary action.
Thanking
you,
Yours faithfully,
-
Sd/-
( General Secretary )
DASWA
Encl.: As above.
ANNEXURE – ‘A’
Background Note on Stenographers working in GNCT of Delhi
for seeking parity with CSSS in respect of pay scales.
Most Important / Specific
reliefs sought from the Hon’ble 7th CPC
- Separate specific facts, observations,
discussion and recommendations be made available in respect of
Stenographers’ working under GNCT of Delhi (Being separate
organized Cadre under GNCT of Delhi) in the final report of 7th
Central Pay Commission as has not been done specifically in previous Pay
Commissions in case of Ministerial posts under GNCT of Delhi.
- Pay Commissions are Statutory bodies and
their recommendations are not being adhered to by the DoPT and Concerned
Ministries ( MHA in case of GNCT of Delhi) as DoPT, by administrative
orders has kept on enhancing the Grade Pays of incumbents leaving behind
their counterparts in Subordinate offices despite recommendation of parity
by the 6th Central Pay Commission. Moreover, till
now Ministerial Employees of GNCT of Delhi are fighting in different
courts for pay parity with their counterparts in Central Government. It
may be seen that even after lapse of almost 8 years of implementation of
6CPC, para 7.57.5 of 6CPC has not yet been implemented by the MHA as well
as Ministry of Finance, Government of India. This time it is highly
expected that 7CPC, being Constitutional body shall definitely provide clear
instructions to GOI by recommending clear parity in the pay scales of
Ministerial Employees of GNCT of Delhi (DASS/Steno) with their
counterparts in CSSS/CSS Cadre in the Ministries of GOI, by way of
providing Constitutional Rights to the employees i.e. Right to equality
(Equal pay for equal Work).
- Specific instructions / recommendation /
policy is required to be formulated by the 7th Pay Commission
that if any enhancement in salaries of CSS/CSSS cadre is being ordered by
administrative orders by DoPT/ Ministry of Finance (Deptt of Expenditure),
that should also be implemented to the counterparts of other Sub-ordinate
offices of Ministries of GOI (including GNCT of Delhi), with clear
instructions to all Ministries for implementing the same.
- Further, it may also be instructed /
recommended this time that if there is any other Office Memorandum is
being issued by the DoPT for the Central Government employees (CSSS/CSS)
in respect of improvement in Service Conditions, the same should also be
endorsed to all the Sub-ordinate offices
/ GNCT of Delhi (having special constitutional status) through
Ministries concerned with clear instructions to all Ministries, as the DoPT
guidelines have always remained guiding principles for formulation of
policies with respect to improvement in services conditions of employees
working under sub-ordinate offices of the Ministries / GNCT of Delhi (having special constitutional status). Due to
inaction in such cases, employees of sub-ordinate offices / GNCT of Delhi (having special
constitutional status) are suffering a lot and indulged in avoidable
litigations against the Government for obtaining due service conditions.
- Further, it may
also be recommended that if there has been any anomaly / disparity or
discrepancy arises at any point of time which is brought to the notice of
the competent authority by the staff side of the organization concerned on
account of implementation of recommendations of final report of 7 CPC,
formation of Committee by the competent authority may also be recommended
which shall give its recommendation to the Ministry concerned for further
submission to the Ministry of Finance for consideration and issuance of
instructions thereon, if needed.
A.RECOMMENDATION OF 6 CPC:
Sixth
Central Pay Commission: Para 7.57.5 reads as under:
Common
Categories
“Secretariat
Staff 7.57.5 The Commission has recommended parity between Central
Secretariat and field staff in all Central Government
organizations. This parity justifiably has to be extended to the Secretariat
staff of the UTs whose pay scales are generally on par with those in the field
organizations of the Central Government. The Commission, accordingly,
recommends pay scales on par with those existing in the Central Secretariat for
the Secretariat staff of various UTs.”
In this regard it is pertinent to
mention that the abovementioned recommendation has not yet been implemented
despite several requests.
B.
Special Status of
Government of NCT of Delhi:
POWERS
TO HON’BLE LIEUTENANT GOVERNOR AND SPECIAL PROVISIONS FOR GNCT OF DELHI
(ARTICLE 239AA)
1. 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.”
2. 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
3. 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.]”
4. 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, is fully empowered to grant parity to
Stenographers of GNCT of Delhi with CSSS.
5. 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.
6. 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.
7.. 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.”
C. Facts
in brief in respect of Stenographers’ Cadre under GNCT of Delhi:
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 U.14011/12/91-Delhi 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.
13. Sixth Central Pay Commission: Para
7.57.5 reads as under:
Common
Categories
“Secretariat
Staff 7.57.5 The Commission has recommended parity between Central
Secretariat and field staff in all Central Government
organizations. This parity justifiably has to be extended to the Secretariat
staff of the UTs whose pay scales are generally on par with those in the field
organizations of the Central Government. The Commission, accordingly,
recommends pay scales on par with those existing in the Central Secretariat for
the Secretariat staff of various UTs.”
LEGAL POSITION:
14. 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 that 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 specific recommendation is requested to be made
available in 7CPC.
************
