Background Note on Stenographers sent to MHA

­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


Background Note on Stenographers working in GNCT of Delhi for seeking parity with CSSS



1. Stenographers of GNCT of Delhi were covered under Delhi Administration Subordinate Service (DASS) Rules, 1967 and they were provided dual avenues of promotions to the Stenographers as there were bleak chances of promotions in their own cadre. Same dual avenues of promotions were also provided to the stenographers in Central Government CSSS cadre. On recommendation of UPSC, Services Department of GNCT of Delhi stopped the dual avenues of promotions to stenographers without giving sufficient avenues of promotions and not followed the principles and guidelines of restructuring of stenographers’ cadre at par with central Government.


2. On various representations 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 (as advised by DoPT) on the pattern of CSSS Rules, separate GNCT of Delhi Stenographers Service Rules, 2008 were framed in Delhi Government and subsequently vide notification dated 21.02.2011 posts of PPS have been created with the approval of UPSC on the pattern of CSSS Rules.

3. It is apparent that the Government of NCT of Delhi has adopted pattern of CSSS for restructuring of Stenographers Cadre 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. 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.

4. 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.


5. 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. 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. 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 and also for functional requirement at par with CSSS.


6. The post of Grade-III Stenographer is at par with CSSS. The post of Sr. P.A. / Grade-I Stenographers in Government of NCT of Delhi has remained Group ‘B’ Gazetted during 5th Central Pay Commission it was placed at par with their counterparts in Central Government having historical parity. Govt. of NCT of Delhi also extended 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). 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 in Stenographers Service Rules, 2008 and made these category of Stenographers at par with Central Governent Stenographers of CSSS Cadre. But, 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 hence anomaly remained for this category of employees only. In recently notified RRs of Principal Private Secretary (PPS) equivalent grade pay of Rs. 6600/- has also been granted to the Stenographers of GNCT of Delhi at par with CSSS.


7. It has been 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 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, 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. 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 NCT of Delhi. Moreover, the recently framed GNCT of Delhi Stenographers’ Services Rules, 2008 have also been framed based on the Central Secretariat Stenographers’ Services Rules. Most importantly, 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). In view of the above facts, it has been 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 on priority basis. It is pertinent to mention that mode of recruitment is same as for CSSS and most of the Stenographers working in GNCT of Delhi have been recruited through SSC prior to DSSSB and duties of all the categories have also been at par with CSSS.



8. 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. 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.

9. 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.


1. 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.

2. 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.

3. 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.

4. 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.”

5. 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, all the service conditions including grade-pay etc. be kept at par.


************