STATUS OF LEGAL CASES
A. In Delhi CAT:
1. Arrears of pay at par with NCB
Supdts w.e.f. 01.01.96- On final hearing. Issue involved is
that NCB Superintendents' pay scale was enhanced later than us in the month of
May, 2005 giving them parity with our Superintendent. They were also granted
four years time scale to give parity with us. Our pay scale was enhanced in the
month of April, 2004. They were given arrears since 01.01.96 whereas we were
given no arrears and our pay scale was enhanced prospectively instead of giving
benefit of arrears to us also since 01.01.96 to maintain parity. They were our
part and parcel with common seniority list and promotion to the common post of
Asstt. Commissioner under the same CBIC before being handed over to the control
of MHA in 2003. We will also get the arrears since 01.01.96 by winning this
case.
2. In rem implementation of Subramaniam issue- On final
hearing. Issue involved is the grant of time scale after four years
of getting the pay scale of Superintendent to all officers without approaching
the court on individual basis.
3. In rem implementation of Balakrishnan/Chndrasekaran verdict
relating to MACP- Already won by us. CONTEMPT already filed in which notice
issued. Issue involved was not to offset the time scale with
MACP upgradation, i.e., not to count time scale as one MACP upgradation, for
all officers. But the CAT agreed only for those officers who got time scale
prior to 01.09.08. By it, at least all the affected officers (who joined as
direct Inspector) shall get GP of Rs. 6600/- as IIIrd MACP ugradation instead
of Rs. 5400/- and the officers who joined one level below the Inspector shall
get GP of Rs. 5400/- in PB3 instead of PB2. They will also get the due arrears.
A case seeking the GP of Rs. 6600/- and 7600/- for all officers is already
being prepared.
4. Implementation of junior senior clause- on final hearing. Issue
involved is promotion of senior officer if junior is promoted by
counting of earlier service which was not the part of existing seniority list.
It will benefit both categories.
B. Allahabad CAT:
1. Pay parity with Chief Enforcement Officer as recommended by
VIth CPC under para 7.15.24- Our rejoinder filed. Issue involved is
the implementation of the para 7.15.24 of the VIth CPC report. The Chief
Enforcement Officers and our Superintendents were in the same pay scale
originally but the earlier category was placed in the pay scale of Rs. 7500-1200/-
later and Rs. 8000-13500/- finally. The VIth CPC very specifically recommended
to maintain the established parity in future too. By winning this case, we will
get the due arrears since 01.01.96.
2. Promotion of our Supdt to DC instead of AC- Our rejoinder
filed. Issue involved is promotion of our Superintendent to a
STS (GP of Rs. 6600/-) post instead of JTS (GP of Rs. 5400) post like the most
of other counterparts of Central as well as State Governments.
3. Upgradation of posts & scale under GST at par with state
officers- Our rejoinder filed. Issue involved is upgradation
of the post of Superintendent to AC, AC to DC, DC to JC, JC to ADC and so on as
done under State GST. It also involves the grant of the initial pay scale of GP
of Rs. 5400/- in PB3 to our Superintendent.
4. Uniform pay fixation formula i.e. multiplication factor of
2.67- Our rejoinder filed. Issue involved is the enhancement
of the pay fixation formula to the level of 2.67 as done for the Level 13 (ADC
level) officers. By winning this case, our basic pay will be enhanced and we
will also get the due arrears since 01.01.96.
5. Implementation of in situ promotion scheme to grant promotion
as AC & DC after 20 & 25 years of service from date of approval of this
scheme w.e.f. 2011- Our rejoinder filed. Issue involved is the
implementation of the in-situ promotion scheme w.e.f. the date of its approval
for instant benefit of our officers as got approved by the Association in 2011.
This will benefit large number of our officers who are unable to get promotion
to the post of AC and DC for the want of functional posts. By winning this
case, due arrears shall also be paid to our officers.
6. Arrears of pay w.e.f. 01.01.86 based on Jabalpur CAT order- Our
rejoinder filed. Issue involved is the payment of arrears to
our officers since 01.01.86 at par with the Inspectors of CBI.
7. Promotion of ad hoc AC to DC on completion of 4 years of
service- Our rejoinder filed but we have to file another rejoinder based on
correctly numbered counter of govt as their counter was numbered wrongly. Issue
involved is to promote all of our officers promoted as AC against the
temporary posts to the post of Deputy Commissioner after completion of four
years of service and to count their service for further promotions too.
8. Contempt in Subramaniam verdict- Our rejoinder filed. Issue
involved is in-rem implementation of the Subramaniam verdict as
mentioned against S. No. 2 in the list of the cases being fought in Delhi CAT.
9. Removal of stagnation independent of cadre restructuring as
approved by Cabinet- Govt counter awaited. Issue involved is
to bring a scheme to remove the stagnation being faced by our officers
independent of Cadre Restructuring as got approved by us from the Cabinet in
2013.
10. NFU to grant financial parity with CSS (This case is in the name
of individuals)- Govt. counter awaited. Issue involved is the
grant of the pay scale of the post on which our best placed counterpart of CSS
recruited in the year of our recruitment is working. It shall give at least
financial compensation for the want of functional promotions to our officers
and they shall be able to get the GP of Rs. 8700/- or above as the counterparts
of CSS are already reaching the level of Joint Secretary (our Commissioner).
C. Writ in Delhi High Court:
1. Time scale to our officers in PB3 instead of PB2 after 4 years
of service- Writ already admitted and our rejoinder filed. Issue
involved is the grant of four years time scale to our officers in GP
of Rs. 5400/- PB3 instead of PB2 and w.e.f. 01.01.96 instead of 01.01.06 at par
with the counterparts of CSS. It shall also grant one higher step of MACP upgradation
to our officers.
2. NFU seeking financial parity with CSS counterparts- Writ
admitted and our rejoinder to be filed. Issue involved is as
mentioned at S. No. 10 of the list of the cases of Allahabad CAT.
D. Cuttack High Court:
1. Writ seeking pay scale of DSP of CBI for our Supdts- Admission
stage. Issue involved is the grant of pay scale (equivalent to
GP of Rs. 5400/- in PB3) to our Superintendents at par with the DSP of CBI with
arrears w.e.f. 01.01.86.
2. Arrears of pay at par with CBI Insprs- Admission stage. Issue
involved as per the S. No. 6 of the list of cases in Allahabad CAT.
E. Pay arrears writ in Jabalpur High Court - Rejoinder filed (filed
in the name of individual). Issue involved is as above.
F. We also have to challenge overall MACP Scheme as the result of the
observation made by the Supreme Court in one case of grant of MACP upgradation
in promotional hierarchy. Case being prepared seeking GP of Rs. 6600/- &
7600/- for our officers.
