The following cases are being fought by the Association in various legal forums-
(i) In Allahabad CAT:
A. Upgradation of posts and pay scale under GST at par with state GST officers. Issue involved in it is upgradation of the post of Superintendent to Asstt. Commissioner, Asstt. Commissioner to Deputy Commissioner, Deputy Commissioner to Joint Commissioner, Joint Commissioner to Addl. Commissioner and so on as done under State GST by the various State Governments. It also involves the grant of the initial pay scale equivalent the Grade Pay of Rs. 5400/- in PB3 (Level-10) to our Superintendent at par with the counterparts of State GST.
B. Pay parity with Chief Enforcement Officer as recommended by VIth CPC under para 7.15.24. 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. 7500-12000/- later and Rs. 8000-13500/- finally by the govt. The VIth CPC very specifically recommended to maintain the established parity between both categories in future too. By winning this case, we will get the due arrears w.e.f. 01.01.96 since when the pay scale of later category was enhanced.
C. Uniform formula for pay fixation for all categories of the govt. employees as the multiplication factor has been enhanced for higher posts whereas it is lower for the lower posts including us. Issue involved is the enhancement of the pay fixation formula to the level of 2.67 for all categories as done for the Level 13 (Addl. Commissioner level) officers. By winning this case, our basic pay will be enhanced and we will also get the due arrears since 01.01.96.
D. Implementation of in-situ promotion scheme since the date of its approval got approved by the Association in 2011 from the CBIC. It will also help to remove regional disparities and get our all officers at least the Grade Pay of Rs. 6600/- (Level-11) throughout the country after completion of 25 years of service as Inspector. This scheme features to promote the officer after combined length of service as 20 years after joining as Inspector to the post of Asstt. Commissioner and 25 years of service to the post of Deputy Commissioner. It will give instant benefit to our officers benefitting large number of officers who are unable to get promotion to the post of Asstt. Commissioner and Deputy Commissioner for the want of functional posts. By winning this case, due arrears shall also be paid to our officers.
E. Complete implementation of Jabalpur CAT order Dt. 24.02.95 given in OA No. 541/1994 for the payment of the arrears of pay as CBIC has accepted that our pay scale was enhanced in 2004 as its sequel. It will succeed our officers to get the payment of arrears since 01.01.86 at par with the Inspectors of CBI. The Hon’ble Jabalpur CAT ordered to pay the arrears of pay to our officers w.e.f. 01.01.86, if Inspectors of CBI and our Inspectors are placed under the same pay scale by the CPC. No need to say that the 5th CPC placed the both categories under the same pay scale.
F. Promotion of our Superintendent directly to Senior Time Scale (STS/Grade Pay of Rs. 6600) post (i.e., Deputy Commissioner) instead of Junior Time Scale (JTS/Grade Pay of Rs. 5400) post (i.e., Asstt. Commissioner) as group ‘B’ gazetted officers in Central as well as state governments are being given promotion to STS at the most of the places. Earlier, this case was filed in Principal Bench of CAT. CAT directed the govt. to dispose off our representation by passing a speaking order. The CBIC, as usual, rejected our case.
G. Promotion of our ad-hoc/temporary Asstt. Commissioners as Deputy Commissioner on completion of 4 years of service and counting of temporary service for further promotions.
H. Contempt in the Subramaniam verdict. Issue involved is in-rem implementation of the Subramaniam verdict.
I. Bringing a scheme to remove our stagnation independent of cadre restructuring as approved by the Cabinet in 2013 at the time of the approval of the last cadre restructuring.
J. NFU (Non-functional Financial Upgradation) seeking financial parity with the counterparts of Central Secretariat Service (CSS). Issue involved is the grant of the pay scale equivalent to 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 Grade Pay of Rs. 8700/- or above as the counterparts of CSS are already reaching the level of Joint Secretary (our Commissioner) in the Grade Pay of Rs. 10000/-.
(ii) In Delhi CAT:
A. Arrears of pay at par with NCB Superintendents w.e.f. 01.01.96. Issue involved is that Narcotics Control Bureau (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 get parity with our Superintendent. 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 Ministry of Home Affairs in 2003. We will also get the arrears since 01.01.96 by winning this case.
B. In rem implementation of Subramaniam verdict. Issue involved is the grant of time scale after four years of getting the pay scale of Superintendent on account of ACP/MACP upgradation to all officers without approaching the court on individual basis. This OA has been allowed.
C. Implementation of junior senior clause. 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.
D. Grade Pay of Rs. 7600/- in MACP as IIIrd upgradation. Para 8.1 and offsetting of MACP upgradation with four years time scale/NFG have been challenged in this case. The OM issued by the DOPT based on Mohanan Nair verdict given by the Hon’ble Supreme Court has also been taken in it.
(iii) Writs in Delhi High Court:
A. Time scale to our officers in PB3 instead of PB2 after 4 years of service. Issue involved is the grant of four years time scale to our officers in Grade Pay of Rs. 5400/- in PB3 instead of PB2 w.e.f. 01.01.96 instead of 01.01.06 at par with the counterparts of CSS and CSSS. It shall also grant one higher step of MACP upgradation to our officers.
B. NFU seeking financial parity with CSS counterparts. Issue involved is as mentioned at S. No. J of the list of the cases of Allahabad CAT. Only difference is that the case is filed in the name of individuals at Allahabad CAT and in the name of the Association in Delhi High Court.
C. In rem implementation of Balakrishnan/Chandrasekaran verdict relating to MACP. Already won by us in Delhi CAT. Contempt was filed by us in CAT. Now, CBIC is in Delhi High Court. Issue involved is not to offset the time scale with MACP upgradation, i.e., not to count time scale as one MACP upgradation, for all officers. By it, at least all the affected officers shall get Grade Pay of Rs. 6600/- in MACP instead of Rs. 5400/- and the officers who joined one level below the Inspector shall also get higher Grade Pay accordingly. The officers will also get the due arrears. A case seeking the Grade Pay of Rs. 6600/- and 7600/- under MACP for all officers has already been filed in Delhi CAT.
D. Parity in promotions with intra-organisational counterparts. Writ has been filed as CAT order was not implemented by the CBIC. It will give parity in promotions to our officers at par with Examiners of same batch.
(iv) Writs in Cuttack High Court:
A. Writ seeking pay scale of DSP of CBI for our Superintendents. Issue involved is the grant of initial pay scale equivalent to the Grade Pay of Rs. 5400/- in PB3 (Level 10) to our Superintendents at par with the DSP of CBI with arrears w.e.f. 01.01.86.
B. Arrears of pay at par with CBI Inspectors. Issue involved is the grant of arrears of pay to our officers at par with the Inspectors of CBI w.e.f. 01.01.86. Now Inspectors of CBI have been placed in pay scale of equivalent to GP of 4800/- (Level 8), I.e., pay scale of our Superintendent.
(v) Pay arrears writ in Jabalpur High Court. Rejoinder in it has been filed in the name of the individual. This case was filed long back by the then Inspectors Association. Issue involved is also the grant of arrears of pay to our officers at par with the Inspectors of CBI w.e.f. 01.01.86.
Case no. (i)A, B, E (ii)A, (iii)A (iv)A, B & (v) r directly related to pay. Hwvr, other cases r also indirectly related to pay.
Regards to all
