Central Administrative Tribunal

Principal Bench, New Delhi

OA No.574/2012

This the 20th day of May, 2015

Honble Shri Ashok Kumar, Member (A)
Honble Shri Raj Vir Sharma, Member(J)

1.

Durga Dutt Saini, Aged, 52,

Assistant Accounts Officer, Group B (Gazetted)
O/o PAO (Ors.) RRRC
Delhi Cantt-110010:-

(By Advocate: Mr. E.J.Verghese)

Versus

1.

Union of India through the Secretary

Ministry of Finance
South Block
Govt. of India
New Delhi-110011

2.

Union of India through the Secretary

Ministry of Defence (Finance)
South Block
Govt. of India

Applicant

New Delhi-110011

3.

The CGDA
West Block-V, West Block V,
R.K. Puram, New Delhi-110066

Respondents

(By Advocate: Mr. B.L. Wanchoo)

Order (oral)

By Honble Mr. Ashok Kumar, Member (A)

The applicant is aggrieved by the rejection of the grade pay of Rs. 5400/- in
the grade of Assistant Accounts Officer instead of granting him the grade pay of Rs.
4800/-. The relief sought by the applicant the OA is as follows:(a)
Allow the Application of the Applicant under section 19 of the
Administrative Tribunals Act 1985 with interest.

(b)
Direct the respondents to grant the grade pay of Rs. 5400/- to the
applicant in PB-3 as approved by the Cabinet on 14/08/2008

(c) Grant the cost.

And
(d)
any other relief, if any, this Honourable Tribunal deems fit and proper in
the facts and circumstances of the case.

2.
The matter was heard today. Learned counsel Mr. Verghese who argued on
behalf of applicant has referred to Annexure A-2 which is Gazette Notification dated
29th August, 2008 containing the recommendation of 6th CPC and particularly to
para (x) ( C ):-

( C ) In the IA &AD and all organized accounts cadres, posts of Section

Officers and Assistant Audit /Accounts Officers will be merged and placed in PB-2
with grade pay of Rs.4800 as recommended by the Commission. In modification of
Sixth CPCs recommendations, Audit/Accounts Officers (AOs) wil be placed in PB-2
with grade pay of Rs. 5400 and Senior AOs will be placed in PB-3 with grade pay of
Rs.5400;

3.
The second document on which applicant has relied upon during arguments
is the Press Note dated 14.08.2008 containing the Implementation of the
recommendations of the 6th CPC. Para-II (v) reads as follows :Government has continued the present position of granting Group A scale to
Group B officers after 4 years of service and these officers would be placed in PB-3
instead of PB-2 recommended by the Sixth CPC. This would benefit Group B officers
of the Railways, Accounts Services, CSS, CSSS and DANICS & DANIPS.

4.
It was argued by the learned counsel for the applicant that Govt. cannot
ignore the decision of the 6th CPC taken at the level of the cabinet where under the
applicant who belongs to the Group B Officer has completed four years of service
and has to be placed in PB-3 instead of PB-2.
5.
According to the learned counsel on behalf of respondents this matter was
taken up by the Ministry of Defence in consultation with the
Ministry of Finance vide note dated 04.01.2011, a copy of which is at Annexure A-II.
However, the Ministry of Finance with the approval of the FA and Additional
Secretary (MOD) did not agree to the proposal. The respondents, therefore,
expressed their inability to agree with the request of the applicant.
6.
We have considered the arguments of both the parties. Admittedly, the
applicant is a Group B Officer and has completed more than four years of service
working as Assistant Accounts Officer a category under Group B .
7.
We find that, in view of the decision of the Cabinet on Implementation of the
recommendations of the 6th CPC reproduced above as contained therein in para (ii)

(v), the argument of the respondents counsel that they are unable to implement the
decision on account of the disagreement with the proposal by the Ministry of
Finance does not appear convincing. The decision to implement the 6th CPC
recommendations was taken the competent level of Govt. it is not proper that the
Ministry should take a decision to the contrary and thus deny benefits of the
decision taken by the Cabinet.
8.
in view of above, we are inclined to grant the reliefs sought by the applicant
and accordingly allow the OA. Respondents shall take steps to grant consequential
benefits to the applicant within a period of 10 weeks from the date of receipt of a
copy of this order.

(Raj Vir Sharma)

(Ashok Kumar)

Member (J)

Member (A)

/sarita/