CSOLS GROUP A OFFICERS ASSOCIATION: November 2013

केन्द्रीय सचिवालय राजभाषा सेवा समूह 'क' अधिकारी एसोसिएशन

CENTRAL SECRETARIATE OFFICIAL LANGUAGE SERVICE GROUP 'A' OFFICERS ASSOCIATION

BRIEF FACTS AND UPDATION ABOUT 1986 CASE

The Fourth Central Pay Commission, in respect of Junior and Senior Translators of Central Secretariat Official Language Service, had recommended in Para 10.280 of their report that “It has been suggested by the members of the service that Junior Translators should be given a higher pay scale than Assistants of CSS as they are required to possess Master Degree whereas the Assistants possess Bachelor Degree.---- In view of higher qualification required for entry grade of Junior Translator, we recommend that the post be given the pay scale of Rs.1400-2600 and for the post of Senior Translator, we recommend the pay scale of Rs.1640-2900.”

2. After the one and same pay scale of Rs.1400-2600 was given to Junior Translators & Assistants and one step higher pay scale of Rs. 1640-2900/- was given to Sr. Translators w.e.f. 01.01.1986 by the IVth CPC and the parity so recommended between the posts of Junior Translator and Assistant by the IVth CPC was accepted by the Govt. vide CCS(RP) Rules 1986, the above said parity between the posts of Junior Translator and Assistant was again disturbed consequent upon issue of O.M. dated 31.07.1990 by the Department of Personnel & Training vide which the pay scales of Assistants and Stenographers grade ‘C’ of CSS and CSSS were raised from Rs. 1400-2600 to Rs. 1640-2900/-retrospectively w.e.f.01.01.1986 and accordingly the pay scale of translators were not revised to higher side.

3. The Translators also demanded similar higher revision of pay scales on the lines of the above said Department of Personnel & Training OM on the basis of parity given to Jr. Translators with Assistants by the IVth CPC in view of their higher qualification of Master Degree. After some petitions, the matter came up for hearing before the Hon’ble High Court of Delhi who vide their order dated 14.05.2002 in CWP No. 7231/2001 directed to consider the case afresh on merits. The operative part of the High Court’s said order is as follows :

“The learned Tribunal did not issue any positive directions in this regard. We are, therefore, of the opinion that in view of the facts and particularly having regard to the question involved in the O.A. filed by the petitioner direction to consider the aforesaid question should have been given by the learned Tribunal.

Having regard to the contention raised by the petitioner in the writ petition, the same may be considered to be a representation made on their part and the respondent should consider the same on merits at an early date.”

4. On the basis of the aforesaid High Court order, the administrative departmennt i. e. Deptt. of OL, after considering the case on merits in terms of entry qualification, mode of recruitment and nature of duties etc., had sent a proposal to the Ministry of Finance for granting higher pay scales of Rs. 1640-2900, Rs. 2000-3500 and Rs. 2200-4000 to Junior Translators, Senior Translators and Assistant Directors respectively maintaining parity of pay scales granted by the Fourth Central Pay Commission between the posts of Assistant/ Stenographer grade ‘C’ of CSS/CSSS and Jr. Translator of CSOLS w. e. f. 01.01.1986. In response, the Department of Expenditure, had initially approved grant of upgraded pay scales to Junior Translators, Senior Translators and Assistant Directors w. e. f. 11. 02. 2003 and subsequently revised it to be given retrospective effect w.e.f. 01.01.1996 on notional basis with actual payments from 11.02.2003 though not w.e.f. 01.01.1986.

5. After upgradation of pay scales of Junior Translators, Senior Translators and Assistant Directors w.e.f. 01.01.1996 on notional basis, the Department of Expenditure was again requested to upgrade the scales retrospectively from 01.01.86, the date from which anomaly had occurred, in order to comply with the directions of the High Court. This time, the Department of Expenditure sought a legal advice also from the Department of Legal Affairs, Ministry of Law on the issue that whether the action taken for upgradation of pay scales from 01.01.1996 was substantial compliance of the Hon’ble High Court order or not and the Department of Legal Affairs, inter alia, had observed that the prayer of the petitioners in the writ petition does not appear to have been dealt with-- . The Department, therefore, have to pass appropriate order with regard to prayer that the pay scales should be upgraded from 01.01.1986. The Department of Expenditure , however, did not comply with the said legal advice and consequently the service members again approached the Hon'ble High Court of Delhi who vide their order dated 07.04.2008 advised /ordered us to file an independent OA in the Hon'ble CAT. We followed their instructions and the Hon’ble CAT vide their order dated 25.05.2010 in OA No. 331/2009 directed to consider the claim of upgradation of the pay scales notionally w.e.f. 01.01.1986 within a period of three months from the date of their order i.e. from 25.05.2010. The highlights of the Tribunal Order alongwith its operative part are reproduced below:-

“ (i)-----respondents were supposed to examine the question of granting higher pay scales of Rs. 1640-2900, Rs. 2000-3500 and Rs. 2200-4000 to the applicants i.e. Jr. Translators, Sr. Translators and Asstt.Directors in CSOLS, maintaining parity of pay scales between the posts of Assistants/Steno Grade ‘C’ of CSS/CSSS and Junior Translators of CSOLS w.e.f. 01.01.1986.’’ (Para-3).

(ii)-----there is an error in considering the case of the applicants from 01.01.1996 and not from 01.01.1986, is not in dispute. Surely such are the notings made by none other than the respondents themselves in the relevant files. (Para-4).

(iii)---Once the respondents have complied with the directions given by the High Court of Delhi and an order in that regard has even been passed, the respondents can not take the plea that present Original Application would be barred by the principles of res judicata. On merits, in so far as non-consideration of the case of Applicants Association for upgradation of pay scales w.e.f. 01.01.1986 is concerned, the same is not in dispute. There indeed has been a mistake on the part of the respondents to consider the case of the Applicants Association only w.e.f. 01.01.1996.’’ (Para-9).

(iv) In view of the observations made above, we dispose of this Original Application directing the respondents to consider the claim of the applicant association for upgradation of their pay scales at par Assistants/Stenographers of CSS/CSSS) w.e.f. 01.01.1986 at least on notional basis. Let the exercise, as ordained above, be completed within a period of three months from today. There shall be no order as to the costs.” (Para-10-Operative Part)."

6. On the basis of the above said judgment, the Department of OL considered the claim of the service members using its jurisdiction as administrative department and reiterated its earlier proposal for upgrading the pay scales of Junior Translators, Senior Translators and Assistant Directors w.e.f. 01.01.1986 presuming that being this a case of notional upgradation only, the Deptt. of Expenditure also would approve the proposal in exercise of their jurisdiction to view the case from financial angle. It is also noteworthy that the qualification required for entry grade of Junior Translator is again higher since 2006 i.e. Post Graduate Degree with 02 years experience/Diploma/Certificate in Translation and the VIth CPC also has given one and same pre-revised pay scale of Rs. 6500-10,500/-i.e.Grade Pay of Rs. 4200/- to Jr. Translators (CSOLS), Assistants(CSS) and Stenographers Grade ‘C’( CSSS).

7. Since it was felt by the Govt. that is not possible for them to implement the above said order of the Tribunal within the stipulated time- period of 03 months, extension for time limit was sought from the Hon’ble Tribunal informing them that the Govt. is in the process of implementation of their order. The Tribunal vide their order dated 19.10.2010 in MA NO. 2484/2010 agreed to extend the time limit for a further period of two months. The text of aforesaid order of the tribunal is as follows :-

“ Mr. Barera, counsel representing the applicants (respondents in OA) states that the orders passed by this Tribunal on 25.05.2010 in OA 331/2009 are in the process of implementation and it would take some time for the reasons as mentioned in this Misc. Application.

For the reasons mentioned in the Misc. Application, we extend time to implement the orders of this Tribunal dated 25.05.2010 by two months from today. MA No. 2484/2010 stands disposed of. “

Time extension was again sought from the Tribunal, who vide their order dated 18.01.2011 in MA NO. 170/2011, again extended the time limit to implement the order by one month.

8. In the meantime, the Department of Expenditure advised the Department of O L that the applicants should be given a speaking order rejecting their claim. the Department of OL, however, did not agree to the observations of the Department of Expenditure and hence the then Secretary(OL) Smt. Veena Upadhyay convened a joint meeting of the officers of the Department of Official Language and the Department of Expenditure on 08.02.2011 in which the officers of the Deptt. of Expenditure were inter alia briefed about the factual position of the case clearly and in response, they had again sought for a reference/file from the Department of OL which was sent to them immediately, but they, vide their UO dated 10.02.2011, reiterated their earlier stand despite presentation of concrete and solid counter comments by the Department of OL and forced the administrative department to issue a speaking order to the applicants which was issued on 29.09.2011and which resulted into filing the instant OA No. 2051/2012.

9. After filing in CAT, the case came up for hearing on 25.07.2012, 11.09.2012, 06.11.2012, 19.12.2012, 13.02.2013, 28.02.2013, 04.04.2013, 18.07.2013, 19.08.2013, 20.09.2013 & 13.11.2013 and the next (and most probably final) date of hearing is 29.11.2013.

10. Sh. S.k. Gaur, I Ahamad and Arun Vidhyarthi, the office bearers of ''CSOLS Group 'A' Officers Association'' (Ex office bearers of CSOLS Translators Association) and Sh. D.K. Singh, Ajay Jha and Radha Raman, the office bearers of '' CSOLS Translators Association'' are often seen attending hearings and interacting with the lawyers. The case is being fought under the umbrella of CSOLS Translators Association.

11. Since, the same type of anomaly has once again been created w.e.f.01.01.2006 also, a prayer has been made in the instant OA '' to direct the respondents to grant higher pay scales of Rs.1640-2900/-, 2000-3500/- and 2200-4000/- to JHTs, SHTs and ADs respectively maintaining parity of pay scales between the posts of Assistants/Stenographers of CSS/CSSS and JHT of CSOLS w.e.f 01.01.1986 and similarly to revise the pay scales w.e.f. 01.01.2006 also.

We need blessings of all the CSOLS members at this juncture.

CSOLS GROUP A OFFICERS ASSOCIATION

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