Dear friends,
Namaste.
As we all know, a case for payment of arrears since 1986 is pending in Jabalpur High Court. It was filed by the then Inspectors Association and Sh. K. P. Rai as petitioners. As per information available, rejoinder in this case is yet to be filed. All are requested to go through the draft rejoinder placed below and suggest amendments/additions to mail Id ravimalik_sweet@yahoo.com or WhatsApp 9868816290.
Loving regards,
RAVI MALIK,
Secretary General,
AIACEGEO.
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
WP No. 13471/2008(S)
PETITIONER: ALL INDIA FEDERATION OF CENTRAL EXCISE EXECUTIVE OFFICERS & ANR.
VERSUS
RESPONDENT: UNION OF INDIA & ORS.
REJOINDER ON BEHALF OF PETITIONER TO THE REPLY FILED ON BEHALF OF RESPONDENTS
That, the petitioner most humbly and respectfully beg to file following rejoinder to the reply filed on behalf of the respondents.
1. That, the petitioner by way of filing the present Writ Petition has challenged the order dated 19.09.2008 passed by the Central Administrative Tribunal, Jabalpur by which the learned Tribunal rejected the claim of the Petitioner with regard to modification of the order dated 11.05.2004 for directing the respondents to grant pay scale of (a) Rs. 6500-10,500/- with effect from 01.01.1996 and (b) Rs 2000-3200/- with effect from 01.01.1986 to the inspector of Central Excise as has been granted to similarly placed person i.e. Inspector of CBI and IB alongwith all consequential relief as prayed for and the learned Tribunal has rightly rejected the O.A by a reasoned and speaking order.
2. That, the Hon'ble High Court issued the notices to the respondent and the respondent filed his reply by suppressing the material fact and not relying on the submission made by themselves before the Tribunal.
3. That, in the Year 1986, the Central Government implemented the recommendation's of Fourth Central Pay Commission with regard to scales of pay for different classes of employees vide notification dated 13.09.1986, the pay scales given to the Inspector of Central Excise and Inspector of CBI and IB were equal. The scale of pay of Inspector of IB were enhanced vide notification dated 22.09.1986. The Inspector of CBI and IB continued to get higher scale of pay from 1/1/1986 on the recommendation of IV pay commission and from 01.01.1996 on the recommendation of V pay commission. The scale of pay of inspector Central Excise etc. were revised by the central government with effect from 21.04.2004 on a proposal proceeded for enhancement of scale of pay for such inspector of the Income Tax department. The said exercise was subsequent and independent of the recommendations of Fifth pay commission.
4. That, the contention of the respondents that the applicants are not entitled for any relief as prayed for in the present writ petition against the order of Learned Tribunal is baseless.
5. That, in the Vth Pay Commission in fact made it is amde very clear that the past anomalies shall be settled by the respectively administrative Ministry.
6. That, here has been a established parity between Inspectors of CBI & IB and those of Central Excise and Customs and Income Tax which had extended till the time of IVth Pay Commission when all these posts exited in the scale of Rs.1640-2900 (Revised Rs.5500-9000). This parity was disrupted by the Government who extended higher scale of Rs.2000-3200 (Revised Rs.6500-10500) to Inspectors of CBI/IB. This issue was considered by the Vth Pay Commission who also had recommended that Inspectors of Central Excise and Customs. Income Tax as well as of CBI/IB should be placed in the scale of Rs.5500-9000). In fact the Vth Pay Commission has established the clear principle that the earlier parity in the pay scale between the Inspector of Central Excise and Customs, Income Tax and the Inspector of CBI/IB which was also endorsed by the 5th Pay Commission should be maintained. A High Levels Committee consisting of Chairman and Member (Personnel) of CBDT and CBEC had examined the issue in detail and recommended for granting higher pay scale to the Inspectors of Customs and Central Excise and Income Tax Department to maintain parity with the scale of pay given to Inspector of CBI/IB in view of the above, there was absolutely no justification for disturbing the parity in the scales of pay of the Inspectors of Central Excise and Customs Income Tax.
7. That, the Higher Power Committee constituted by the Government and the findings of this Hon’ble Tribunal in OA No.45/2000 have finally been accepted by the Government of India by upgrading the pay scale of Inspectors Central Excise at par with Inspectors of CBI/IB w.e.f. 21.4.2004. The up-gradation should have been made effective w.e.f. 1.1.1986 as per directions of this Hon’ble Tribunal in OA NO.541/94. This judgment of the Hon’ble Tribunal has not been challenged by the respondents in any Court of law and hence the same has become final and should have been implemented by the respondents. By upgrading the pay scale of Inspectors Central Excise and Customs at par with the Inspectors of CBI/IB w.e.f. 21.4.2004 the Government restored the parity which always existed in the scales of pay of the Inspectors in these Departments. There is absolutely no justification for not granting the upgraded scale to the Inspectors Central Excise w.e.f. 1.1.1986 and far granting the same only w.e.f. 21.4.2004. This clearly shows that the Government has discriminated the Inspectors of Central Excise and Customs by denying their rightful claim.
8. That, the Government of India has accepted the findings of the learned Tribunal in OA No.45/2000 and upgraded the scale of pay of the Inspectors Central Excise at par with the Inspector of CBI/IB w.e.f.21.4.2004. The up-gradation should have been made effective from 1.1.1986 instead of 21.4.2004 to restore the parity between the Inspector CBI and Inspector Central Excise which was existing since long.
9. That, the Vth Pay commission had recommended the same scale of pay to Inspector of Central Excise and CBI/IB keeping in view the parity in pay scales of these cadres which existed since a very long time. The Government took action to disturb this parity by upgrading the scale of pay of Inspector of CBI/IB and not simultaneously upgrading the pay scale of Inspector Central Excise. In fact similar up-gradation should have also been made in the scale of pay of Inspectors Central Excise to maintain parity in their pay scales which existed since a very long time. The action of the Government is in violation of Article 14 and 16 of the Constitution of India. The High Power Committee constituted by the Government had examined the matter in detail and submitted their recommendations. If the Government does not desire to consider the recommendation of the High Power Committee constituted by them with open mind then the very purpose of constituting the High Power Committee is defeated.
10. That, the learned Tribunal as well as the expert bodies has held that the duties of Inspector Central Excise and Inspector CBI are comparable. The Vth Pay Commission had recommended to award the same scale of pay to Inspector Central Excise and CBI/IB to maintain parity in their scales which was existing since a very long time. It is the Government who disturbed the parity by upgrading the pay scale of Inspectors CBI/IB and not giving similar up gradation to the Inspectors of Central Excise. The Government has now upgraded the scale of pay of the Inspector of Central Excise at par with the Inspector CBI/IB w.e.f. 21.4.2004. This up gradation should have been made effective from the same date from which the pay scale of Inspector CBI/IB was upgraded with all consequential benefits but this has not been done for the reasons best known to the respondents. The applicants are being subjected to hostile discrimination.
11. That, the Government by order dt.11.5.2004 has revised the pay scale of Inspector of Central excise w.e.f. 21.4.2004 at par with the Inspector CBI/IB and thereby the Government have accepted the parity between these cadres which existed since a very long time. The revision should have been made effective from 1.1.1986 i.e. the date from which the Inspector CBI/IB were given higher scale of pay thereby disturbing the parity between these cadres. In the interest of justice, the revised scale of pay should have been made effective from the same date from when Inspector CBI/IB were given the higher pay scale. The hostile discrimination against the applicants is being continued which amounts to violation of Articles 14 and 16 of the Constitution of India.
12. That, the Vth Pay Commission had recommended the same scale of pay for the Inspector of Central Excise and Inspector of CBI/IB. The Government of India failed to accept the recommendation of the Pay Commission by granting higher scale of pay to inspector of CBI/IB and disturbing the parity in the scale of pay of these cadres which existed since a very long time. The High Power committee was constituted by the government and they are not now prepared to examine the recommendation of the High Power Committee with open mind. If the Government did not wish to examine/consider the recommendation of the High Power committee with open mind, there was no need for them to constitute such a Committee.
13. That, On one hand the respondents have taken the stand that the Pay Commission is the final authority in such matters and on the other hand they have themselves acted against the recommendation of Vth Pay Commission by disturbing the party in the pay scale of Inspector Central Excise and Inspector CBI/IB. The respondents have further stated that the government has exercise its prerogative in granting the pay scale with effect from21.4.2004. Since the Government has accepted the parity the revision in the pay scale should have been made effective from the same date from which higher scale of pay was granted to Inspectors CBI/IB and not from any arbitrary date i.e. from 21.4.2004. The respondents have not given any reasons for granting the higher scale from 21.4.2004 and not from the date the same was granted to inspector CBI/IB. The hostile discrimination against the applicants is being continued by the respondents.
14. That, the respondents have not acted with open mind and the order dt.17.1.2002 passed by them is without application of mind and they have only tried to justify their illegal action.
15. That, the Vth Pay Commission had recommended parity of pay scale between Inspectors of Central Excise and the Inspector CBI/IB. This parity was disturbed by the Government by granting higher pay scale to Inspector CBI/IB. There was no justification for the Government to do so. In all fairness, the Government should have granted the higher scale to Inspectors Central Excise at par with Inspector CBI/IB from the same date to maintain the parity in the pay scale of these cadres which existed since a very long time. The contention of the respondents is baseless. The action of the respondents in granting higher scale of pay to Inspector CBI/IB against the recommendations of Vth Pay Commission and ignoring the claim of the applicants for granting similar revision of pay scale to them is totally unjustified/illegal, amounts to hostile discrimination, violates Article 14 and 16 of the Constitution of India and hence cannot be sustained in the eyes of law.
16. That, the CBI is not a police organization. The expert bodies have held that the duties of Inspectors Central Excise and the Inspectors of CBI/IB are comparable and hence parity in their pay scales have always been maintained by the Pay Commission. The parity has been disturbed by the respondents discriminating the applicants.
17. That, the Central Pay Commission. High Power Committee constituted by the Ministry of Finance and the learned Tribunal in the orders passed in OA No.541/94 and 45/2000 have clearly held that the duties and responsibilities of the Inspectors Central Excise and Inspector CBI/IB are comparable. The contention of the respondents that as per law laid down by the Hon’ble Supreme Court the party in pay scales is not a fundamental right and is purely and administrative decision is incorrect. No such law has been laid down by the Hon’ble Supreme Court. The respondents have not cited any judgment of the Hon’ble Supreme Court in support of their contention. The respondents have adopted discriminatory attitude against the applicants and have denied them their rightful claim for higher pay scale at par with Inspectors of CBI/IB from the date the same was given to Inspector CBI/IB.
It is, therefore, prayed that this Hon’ble Court may consider the submission herein above and be pleased to allow the present petition in the interest of justice.
JABALPUR
DATED: /05/2019 COUNSEL FOR THE PETITIONER
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
WP No. 13471/2008(S)
PETITIONER: ALL INDIA FEDERATION OF CENTRAL EXCISE EXECUTIVE OFFICERS & ANR.
VERSUS
RESPONDENT: UNION OF INDIA & ORS.
AFFIDAVIT
I,__________S/o _________________ aged _______ R/o at_________________________________________________________________, do hereby solemnly affirm and say as follows that:
1. I am the petitioner herein in the said case and as such am i am well aware with the facts & circumstances of the Case and such am able / competent to swear this Affidavit.
2. I have gone through / read over and explained in my Vernacular Language the contents set out in various paras of rejoinder, and have under stood the same. I say that the same has been drafted under my instruction, the contents thereof are true and correct to the best of my knowledge and belief, and the same are based on the materials filed and or relied upon before the Hon'ble High Court.
3. The annexure/s appended thereto is / are true copies of their respective Originals.
Jabalpur
Dated : th ........ 2019
Deponent
VERIFICATION
I, ____________________________, do hereby verify that the contents of the above Affidavit are true & correct to the best of my knowledge and belief and that nothing material has been concealed there from.
Verified at Jabalpur on this____th day of ...... 2019
Deponent
Namaste.
As we all know, a case for payment of arrears since 1986 is pending in Jabalpur High Court. It was filed by the then Inspectors Association and Sh. K. P. Rai as petitioners. As per information available, rejoinder in this case is yet to be filed. All are requested to go through the draft rejoinder placed below and suggest amendments/additions to mail Id ravimalik_sweet@yahoo.com or WhatsApp 9868816290.
Loving regards,
RAVI MALIK,
Secretary General,
AIACEGEO.
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
WP No. 13471/2008(S)
PETITIONER: ALL INDIA FEDERATION OF CENTRAL EXCISE EXECUTIVE OFFICERS & ANR.
VERSUS
RESPONDENT: UNION OF INDIA & ORS.
REJOINDER ON BEHALF OF PETITIONER TO THE REPLY FILED ON BEHALF OF RESPONDENTS
That, the petitioner most humbly and respectfully beg to file following rejoinder to the reply filed on behalf of the respondents.
1. That, the petitioner by way of filing the present Writ Petition has challenged the order dated 19.09.2008 passed by the Central Administrative Tribunal, Jabalpur by which the learned Tribunal rejected the claim of the Petitioner with regard to modification of the order dated 11.05.2004 for directing the respondents to grant pay scale of (a) Rs. 6500-10,500/- with effect from 01.01.1996 and (b) Rs 2000-3200/- with effect from 01.01.1986 to the inspector of Central Excise as has been granted to similarly placed person i.e. Inspector of CBI and IB alongwith all consequential relief as prayed for and the learned Tribunal has rightly rejected the O.A by a reasoned and speaking order.
2. That, the Hon'ble High Court issued the notices to the respondent and the respondent filed his reply by suppressing the material fact and not relying on the submission made by themselves before the Tribunal.
3. That, in the Year 1986, the Central Government implemented the recommendation's of Fourth Central Pay Commission with regard to scales of pay for different classes of employees vide notification dated 13.09.1986, the pay scales given to the Inspector of Central Excise and Inspector of CBI and IB were equal. The scale of pay of Inspector of IB were enhanced vide notification dated 22.09.1986. The Inspector of CBI and IB continued to get higher scale of pay from 1/1/1986 on the recommendation of IV pay commission and from 01.01.1996 on the recommendation of V pay commission. The scale of pay of inspector Central Excise etc. were revised by the central government with effect from 21.04.2004 on a proposal proceeded for enhancement of scale of pay for such inspector of the Income Tax department. The said exercise was subsequent and independent of the recommendations of Fifth pay commission.
4. That, the contention of the respondents that the applicants are not entitled for any relief as prayed for in the present writ petition against the order of Learned Tribunal is baseless.
5. That, in the Vth Pay Commission in fact made it is amde very clear that the past anomalies shall be settled by the respectively administrative Ministry.
6. That, here has been a established parity between Inspectors of CBI & IB and those of Central Excise and Customs and Income Tax which had extended till the time of IVth Pay Commission when all these posts exited in the scale of Rs.1640-2900 (Revised Rs.5500-9000). This parity was disrupted by the Government who extended higher scale of Rs.2000-3200 (Revised Rs.6500-10500) to Inspectors of CBI/IB. This issue was considered by the Vth Pay Commission who also had recommended that Inspectors of Central Excise and Customs. Income Tax as well as of CBI/IB should be placed in the scale of Rs.5500-9000). In fact the Vth Pay Commission has established the clear principle that the earlier parity in the pay scale between the Inspector of Central Excise and Customs, Income Tax and the Inspector of CBI/IB which was also endorsed by the 5th Pay Commission should be maintained. A High Levels Committee consisting of Chairman and Member (Personnel) of CBDT and CBEC had examined the issue in detail and recommended for granting higher pay scale to the Inspectors of Customs and Central Excise and Income Tax Department to maintain parity with the scale of pay given to Inspector of CBI/IB in view of the above, there was absolutely no justification for disturbing the parity in the scales of pay of the Inspectors of Central Excise and Customs Income Tax.
7. That, the Higher Power Committee constituted by the Government and the findings of this Hon’ble Tribunal in OA No.45/2000 have finally been accepted by the Government of India by upgrading the pay scale of Inspectors Central Excise at par with Inspectors of CBI/IB w.e.f. 21.4.2004. The up-gradation should have been made effective w.e.f. 1.1.1986 as per directions of this Hon’ble Tribunal in OA NO.541/94. This judgment of the Hon’ble Tribunal has not been challenged by the respondents in any Court of law and hence the same has become final and should have been implemented by the respondents. By upgrading the pay scale of Inspectors Central Excise and Customs at par with the Inspectors of CBI/IB w.e.f. 21.4.2004 the Government restored the parity which always existed in the scales of pay of the Inspectors in these Departments. There is absolutely no justification for not granting the upgraded scale to the Inspectors Central Excise w.e.f. 1.1.1986 and far granting the same only w.e.f. 21.4.2004. This clearly shows that the Government has discriminated the Inspectors of Central Excise and Customs by denying their rightful claim.
8. That, the Government of India has accepted the findings of the learned Tribunal in OA No.45/2000 and upgraded the scale of pay of the Inspectors Central Excise at par with the Inspector of CBI/IB w.e.f.21.4.2004. The up-gradation should have been made effective from 1.1.1986 instead of 21.4.2004 to restore the parity between the Inspector CBI and Inspector Central Excise which was existing since long.
9. That, the Vth Pay commission had recommended the same scale of pay to Inspector of Central Excise and CBI/IB keeping in view the parity in pay scales of these cadres which existed since a very long time. The Government took action to disturb this parity by upgrading the scale of pay of Inspector of CBI/IB and not simultaneously upgrading the pay scale of Inspector Central Excise. In fact similar up-gradation should have also been made in the scale of pay of Inspectors Central Excise to maintain parity in their pay scales which existed since a very long time. The action of the Government is in violation of Article 14 and 16 of the Constitution of India. The High Power Committee constituted by the Government had examined the matter in detail and submitted their recommendations. If the Government does not desire to consider the recommendation of the High Power Committee constituted by them with open mind then the very purpose of constituting the High Power Committee is defeated.
10. That, the learned Tribunal as well as the expert bodies has held that the duties of Inspector Central Excise and Inspector CBI are comparable. The Vth Pay Commission had recommended to award the same scale of pay to Inspector Central Excise and CBI/IB to maintain parity in their scales which was existing since a very long time. It is the Government who disturbed the parity by upgrading the pay scale of Inspectors CBI/IB and not giving similar up gradation to the Inspectors of Central Excise. The Government has now upgraded the scale of pay of the Inspector of Central Excise at par with the Inspector CBI/IB w.e.f. 21.4.2004. This up gradation should have been made effective from the same date from which the pay scale of Inspector CBI/IB was upgraded with all consequential benefits but this has not been done for the reasons best known to the respondents. The applicants are being subjected to hostile discrimination.
11. That, the Government by order dt.11.5.2004 has revised the pay scale of Inspector of Central excise w.e.f. 21.4.2004 at par with the Inspector CBI/IB and thereby the Government have accepted the parity between these cadres which existed since a very long time. The revision should have been made effective from 1.1.1986 i.e. the date from which the Inspector CBI/IB were given higher scale of pay thereby disturbing the parity between these cadres. In the interest of justice, the revised scale of pay should have been made effective from the same date from when Inspector CBI/IB were given the higher pay scale. The hostile discrimination against the applicants is being continued which amounts to violation of Articles 14 and 16 of the Constitution of India.
12. That, the Vth Pay Commission had recommended the same scale of pay for the Inspector of Central Excise and Inspector of CBI/IB. The Government of India failed to accept the recommendation of the Pay Commission by granting higher scale of pay to inspector of CBI/IB and disturbing the parity in the scale of pay of these cadres which existed since a very long time. The High Power committee was constituted by the government and they are not now prepared to examine the recommendation of the High Power Committee with open mind. If the Government did not wish to examine/consider the recommendation of the High Power committee with open mind, there was no need for them to constitute such a Committee.
13. That, On one hand the respondents have taken the stand that the Pay Commission is the final authority in such matters and on the other hand they have themselves acted against the recommendation of Vth Pay Commission by disturbing the party in the pay scale of Inspector Central Excise and Inspector CBI/IB. The respondents have further stated that the government has exercise its prerogative in granting the pay scale with effect from21.4.2004. Since the Government has accepted the parity the revision in the pay scale should have been made effective from the same date from which higher scale of pay was granted to Inspectors CBI/IB and not from any arbitrary date i.e. from 21.4.2004. The respondents have not given any reasons for granting the higher scale from 21.4.2004 and not from the date the same was granted to inspector CBI/IB. The hostile discrimination against the applicants is being continued by the respondents.
14. That, the respondents have not acted with open mind and the order dt.17.1.2002 passed by them is without application of mind and they have only tried to justify their illegal action.
15. That, the Vth Pay Commission had recommended parity of pay scale between Inspectors of Central Excise and the Inspector CBI/IB. This parity was disturbed by the Government by granting higher pay scale to Inspector CBI/IB. There was no justification for the Government to do so. In all fairness, the Government should have granted the higher scale to Inspectors Central Excise at par with Inspector CBI/IB from the same date to maintain the parity in the pay scale of these cadres which existed since a very long time. The contention of the respondents is baseless. The action of the respondents in granting higher scale of pay to Inspector CBI/IB against the recommendations of Vth Pay Commission and ignoring the claim of the applicants for granting similar revision of pay scale to them is totally unjustified/illegal, amounts to hostile discrimination, violates Article 14 and 16 of the Constitution of India and hence cannot be sustained in the eyes of law.
16. That, the CBI is not a police organization. The expert bodies have held that the duties of Inspectors Central Excise and the Inspectors of CBI/IB are comparable and hence parity in their pay scales have always been maintained by the Pay Commission. The parity has been disturbed by the respondents discriminating the applicants.
17. That, the Central Pay Commission. High Power Committee constituted by the Ministry of Finance and the learned Tribunal in the orders passed in OA No.541/94 and 45/2000 have clearly held that the duties and responsibilities of the Inspectors Central Excise and Inspector CBI/IB are comparable. The contention of the respondents that as per law laid down by the Hon’ble Supreme Court the party in pay scales is not a fundamental right and is purely and administrative decision is incorrect. No such law has been laid down by the Hon’ble Supreme Court. The respondents have not cited any judgment of the Hon’ble Supreme Court in support of their contention. The respondents have adopted discriminatory attitude against the applicants and have denied them their rightful claim for higher pay scale at par with Inspectors of CBI/IB from the date the same was given to Inspector CBI/IB.
It is, therefore, prayed that this Hon’ble Court may consider the submission herein above and be pleased to allow the present petition in the interest of justice.
JABALPUR
DATED: /05/2019 COUNSEL FOR THE PETITIONER
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
WP No. 13471/2008(S)
PETITIONER: ALL INDIA FEDERATION OF CENTRAL EXCISE EXECUTIVE OFFICERS & ANR.
VERSUS
RESPONDENT: UNION OF INDIA & ORS.
AFFIDAVIT
I,__________S/o _________________ aged _______ R/o at_________________________________________________________________, do hereby solemnly affirm and say as follows that:
1. I am the petitioner herein in the said case and as such am i am well aware with the facts & circumstances of the Case and such am able / competent to swear this Affidavit.
2. I have gone through / read over and explained in my Vernacular Language the contents set out in various paras of rejoinder, and have under stood the same. I say that the same has been drafted under my instruction, the contents thereof are true and correct to the best of my knowledge and belief, and the same are based on the materials filed and or relied upon before the Hon'ble High Court.
3. The annexure/s appended thereto is / are true copies of their respective Originals.
Jabalpur
Dated : th ........ 2019
Deponent
VERIFICATION
I, ____________________________, do hereby verify that the contents of the above Affidavit are true & correct to the best of my knowledge and belief and that nothing material has been concealed there from.
Verified at Jabalpur on this____th day of ...... 2019
Deponent
