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Tuesday, 28 October 2014

Draft rejoinder and draft MA to be filed before CAT


Dear Members,

                          I am attaching draft rejoinder and MA for the refernce.  This will be filed soon when the full bench of the CAT meet during November.  If any thing more to be added please email me.

                          I also request members financial help to meet expenses of the advocate.


Harisuthan 



BEFORE THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH


O. A NO: 709 of 2013

Confederation of All India Central Government, Stenographers Associations and others

Applicants

V

Union of India and others

Respondents


REJOINER FILED BY THE APPLICANTS IN THE ABOVE ORGINAL APPLICATION
1.    All the averments in the reply statement except which are specifically admitted hereunder are denied.
2.    The averments in para 1 and 2 are without any substance. The applicants never sought parity in the cadre structure. The applicants only sought parity in pay in equivalent cadres in CSSS and subordinate offices. A Stenographer in CSSS may get 5 to 6 promotions in his career but stenographer in subordinate services may only get 2 or 3 promotions in his career. There is no request for cadre re-structuring or parity in cadre structure. The prayer is limited to parity in equivalent cadre existing in CSSS and subordinate officers.
3.    In reply to averment in Para 3 It is humbly submitted that Grade-I stenographer in subordinate offices need to be granted grade pay of Rs 4600 for parity with CSSS. The contention that 33% of the vacancies of Private Secretaries in CSSS is filled through departmental examination is not a justification to deny equivalent pay scale to the cadre of Private Secretary at subordinate offices. At any rate, majority of the vacancies (66.63%) are filled merely based on seniority. There is no rational basis to discriminate between Private Secretaries of both cadres. The respondents should see the table at Para 11 of the Original Application which explains the gross disparity in pay scales and cadre promotions. It is submitted that Para 4 to 7 are mostly the statements of facts.
4.    In reply to the averment in Para 8 it is humbly submitted that the revision of scale of pay of Private Secretaries in the CSSS from Rs. 5500- 9000 to 6500- 10500 was announced in the year 2006 behind the back of pay commission, while the entire issue of pay revision was under its consideration. This up-gradation in fact brought disparity between the subordinate offices and CSSS. This up-gradation benefited the officials at CSSS since they got replacement scales on implementation of pay revision. The applicants and similarly placed were also entitled for the up-gradation took place in the year 2006. There is no material to conclude that the up-gradation of the year 2006 was brought to notice of the pay commission, alternatively it can be seen that pay commission spoken about parity of stenographers at CSSS with subordinate offices.
5.    In reply to averments in Para 9 it is humbly submitted that entry level stenographers at CSSS and field officers are carrying grade pay of Rs 2400/-. However there is an automating up-gradation after 5 years for those at CSSS with grade pay of Rs. 4200 but the same has been denied to those who are in field officers. Though, Steno-Grade-III is now upgraded, there is a failure to grant upgraded pay. The respondents are paying grade pay of Rs. 4600/- for those at CSSS in the Steno-Grade-II, however the same has been denied to those in the field offices in the same grade (Grade-II). Even after the merger of Grade-II and Grade-I the corresponding up-gradation in Grade-I was not granted and stenographers are still being paid corresponding replacement scale of Grade-II. The respondents would have reasonably granted the corresponding replacement scale in Grade-I. At any rate there is no justification to discriminate Stenographers Grade-II at CSSS and field offices.
6.    In reply to averments in Para 10 it is humbly submitted that the up-gradation took place in the year 2006 exclusively in favour of CSSS is the reason behind the pay disparity. The 2006 up-gradation brought Private Secretaries in CSSS in parity with senior Private Secretary in the subordinate offices. Thus, the corresponding replacement scales gave undue advantage in favour of those in CSSS and in turn discriminated stenographer’s cadre in field officers.
7.    In reply to the contentions in Para 13 to 18 are of no merit. The respondents admitted that they are in receipt of the applications submitted by the applicants.
8.    In reply to the averments in para 20 to 23 it is humbly submitted that in all the litigations referred therein, respondents disputed the claim for parity with CSSS and later had to comply on being directed by the Honourable Central Administrative Tribunal. The gist of the contentions in all those litigations are quite similar to the contentions in this particular Original Application. Inspite of seriously disputing claims for parity in the reply statement in OA 164/2009, the respondents fairly admitted the historical parity in this reply statement. After implementing the order in OA 658/2010, there is no justification to contend that they are in the process of review petition. Thus all the similarly placed officials were given parity in pay by orders of this Honourable Tribunal and the same may not be denied to the applicants.     
9.     In reply to averments in para 24 it is humbly submitted that the ministry for external affairs had sought parity for stenographers working under them, though it was not allowed by the respondents herein.
10. There is no merit in Para 24 to 26 and no justified reasons have been provided to reject the claims of the applicants.   
11. All the contentions in the reply statement are devoid of merit and Original Application is liable to be allowed with cost to this applicants.

INVERIFICATION
          I, , Harisuthan, S/o G. Madhavan Unnithan, aged 42 years, Steno Grade D, Stenographer O/o the Sr. Superintendent of Post, Kollam – 691001  residing at Nadukunnil, Kizhakkethil, Navaneetham, Kadika, Kaithaparambu P. O, Enathu, Pathanamthitta- 691526, General Secretary,  Confederation of All India Central Govt, Stenographers Associations, do hereby verify that the contents of paragraphs 1 to 11 above are true to the best of my knowledge, information and belief and that I have not suppressed any material facts. I am filling this rejoinder on behalf of the other applicant also

Place: Ernakulam                                                                    Harisuthan
Date: 16/10/2014                                                                  
                                                     V. Sajith Kumar
Counsel for the applicant




































Presented on:   16.10.2014

BEFORE THE HONOURABLE CENTRAL
ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
                   O.A.NO. 709 of 2013


Confederation of All India Central Govt, Stenographers Associations and Others

Applicant

V

Union of India and others

Respondents










REJOINDER FILED BY THE
APPLICANT.







               


       V. Sajith Kumar
Counsel for the Applicant


BEFORE THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH

O.A. No:  709  of 2013



Confederation of All India Central Government, Stenographers Associations and others

Applicants

V

Union of India and others

Respondents

I N D E X


Sl.No.
Particulars
Page No
1
Rejoinder Statement



Dated this the 16th day of October, 2014


V. Sajith Kumar

Counsel for the Applicant























BEFORE THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH
MA. No          /2014
IN
    O.A. No: 709 of 2013
Applicants:-
1.    Confederation of All India Central Govt, Stenographers Associations, represented by the its General Secretary, Harisuthan, S/o G. Madhavan Unnithan, aged 42 years, Steno Grade D, Stenographer O/o the Sr. Superintendent of Post, Kollam – 691001  residing at Nadukunnil, Kizhakkethil, Navaneetham, Kadika, Kaithaparambu P. O, Enathu, Pathanamthitta- 691526.
2.    M. Harisuthan, S/o G. Madhavan Unnithan, aged 42 years, Steno Grade D, Stenographer O/o the Sr. Superintendent of Post, Kollam – 691001, residing at Nadukunnil, Kizhakkethil, Navaneetham, Kadika, Kaithaparambu P. O, Enathu, Pathanamthitta- 691526.
3.    P.S. Anirudhan, S/o P. Sreedharan, aged 48 years, Stenographer Grade ‘D’, O/o The Principal Accountant General (SGSA). Audit Bhavan, AG’s Office P. O, Statue, M.G. Road, Thiruvananthapuram- 695001, residing at Goutham Vihar, Punukkannur, Perumpuzha P. O, Kollam- 691504
4.    Liji S. R, D/o V. Raghunathan, aged 39 years, Stenographer Grade “D”/ GR.III, O/o The Commissioner of Central Excise & Customs, ICE Bhavan, Press Club Road, Trivandrum- 695001, residing at Ketharam, TC 43/666(2), NKRA- 50, Neelattinkara, Kamaleswaram, Manacaud (PO), Trivandrum- 695009.
5.    K.P. Sreenivasan, S/o Late V.K. Parameswaran, aged 46 years, Stenographer Grade “D”/ GR.III, O/o The Commissioner Income Tax (Appeals), Aayakar Bhavan, Mananchira, Kozhikode- 673001, residing at Sreenidhi, Near Pisharikav Temple, Edakkad, PO West Hill, Kozhikode- 673005.
6.    G. Ramadas, S/o N. Gopalachar, aged 53 years, Steno Grade D, Stenographer State, O/o The National Commission For SCs, Min. of Social Justice & Empowerment, Government of India TC 24/547(1) Opp. Thycaud HPO, Thycaud, Trivandrum- 695014, residing at Guru Priya, ENRA 20, TC 36/663, Enjackal, Vallakkadavu P. O, Trivandrum- 695008.
7.    M.P.Sivakumar, S/o.C.P.Sethukumar, aged 43 years, Stenographer Grade-1, Regional Passport office, Panampillly Nagar, Cochin-36 residing at Nandanam, Nr. Yashoram Flats, Nirappathu, Chottanikkara.p.o, Eranakulam.

Respondents:-

1.    Union of India, represented by Secretary to the Government, Department of  Personnel and Training , Ministry of Personnel and Training, Government of India, New Delhi.110001.
2.    Secretary to Government, Department of Expenditure, Ministry of Finance, Government of India,    New Delhi- 110001.

MISCELLANEOUS APPLICATION FOR AMENDMENT FILED UNDER RULE 12(6) OF THE CENTRAL ADMINISTRATIVE TRIBUNAL PROCEDURE RULES 1987
Brief facts of the case:-

1.                  The original application was filed seeking to direct the respondents to give parity in pay to the applicants working as stenographers in various grades under Sub-Ordinate offices with Central Secretariat Stenographers Service w.e.f 01/01/2006 and for all consequential benefits.  
2.                  The respondents had filed a reply statement. The applicants in Steno-Grade-II is seeking grade pay of Rs. 4600/- in pay band-II for getting parity with Steno-Grade-II /C in CSSS. The Private Secretaries in subordinate offices are seeking grade pay of Rs.4800 in Pay band II. Though, these facts are pleaded and sought parity in pay, no specific prayer was made seeking replacement scale. It is highly necessary to incorporate the following are in relief ii(a).
3.                  The following been incorporated as relief ii(a)
To direct the respondents to grant parity of pay for entry level stenographers in field offices with stenographers of CSSS by granting automatic upgradations and grade pay of Rs. 4600/- for those in Steno grade-I and grade pay of Rs. 4800/- for the Private Secretaries with such automatic up-gradation as applicable stenographers of CSSS and grant all consequential benefits w.e.f 1.1.2006.
.
4.                  In the above circumstances the Honourable Tribunal may be pleased to allow the above amendment by incorporating the same as relief No.ii (a), otherwise serious prejudice will be caused to the applicant.
 Reliefs Prayed for:-

In view of the facts and for the reasons stated above, the Miscellaneous Applicant most humbly prays that this Honourable Tribunal may be pleased to allow the amendment by incorporating the following as relief No, (ii)a.   To direct the respondents to grant parity of pay for entry level stenographers in field offices with stenographers of CSSS by granting automatic upgradations and grade pay of Rs. 4600/- for those in Steno grade-I and grade pay of Rs. 4800/- for the Private Secretaries with such automatic up-gradation as applicable stenographers of CSSS and grant all consequential benefits w.e.f 1.1.2006.
IN VERIFICATION
We, (1) M. Harisuthan, General Secretary, Confederation of All India Central Govt, Stenographers Associations, S/o G. Madhavan Unnithan, aged 42 years, Steno Grade D, Stenographer O/o the Sr. Superintendent of Post, Kollam – 691001, residing at Nadukunnil, Kizhakkethil, Navaneetham, Kadika, Kaithaparambu P. O, Enathu, Pathanamthitta- 691526. (2) ) M. Harisuthan, S/o G. Madhavan Unnithan, aged 42 years, Steno Grade D, Stenographer O/o the Sr. Superintendent of Post, Kollam – 691001, residing at Nadukunnil, Kizhakkethil, Navaneetham, Kadika, Kaithaparambu P. O, Enathu, Pathanamthitta- 691526(3) P.S. Anirudhan, S/o P. Sreedharan, aged 48 years, Stenographer Grade ‘D’, O/o The Principal Accountant General (SGSA). Audit Bhavan, AG’s Office P. O, Statue, M.G. Road, Thiruvananthapuram- 695001, residing at Goutham Vihar, Punukkannur, Perumpuzha P. O, Kollam- 691504. (4) Liji S. R, D/o V. Raghunathan, aged 39 years, Stenographer Grad “D”/ GR.III, O/o The Commissioner of Central Excise & Customs, ICE Bhavan, Press Club Road, Trivandrum- 695001, residing at Ketharam, TC 43/666(2), NKRA- 50, Neelattinkara, Kamaleswaram, Manacaud (PO), Trivandrum- 695009. (5) K.P. Sreenivasan, S/o Late V.K. Parameswaran, aged 46 years, Stenographer Grad “D”/ GR.III, O/o The Commissioner Income Tax (Appeals), Aayakar Bhavan, Mananchira, Kozhikode- 673001, residing at sreenidhi, Near Pisharikav Temple, Edakkad, PO West Hill, Kozhikode- 673005. (6) G. Ramadas, S/o N. Gopalachar, aged 53 years, Steno Grade D, Stenographer State, O/o The National Commission For SCs, Min. of Social Justice & Empowerment, Government of India TC 24/547(1) Opp. Thycaud HPO, Thycaud, Trivandrum- 695014, residing at Guru Priya, ENRA 20, TC 36/663, Enjackal, Vallakkadavu P. O, Trivandrum- 695008., (7) M.P.Sivakumar,  S/o.C.P.Sethukumar, aged 43 years, Stenographer Grade-1, Regional Passport office, Panampillly Nagar, Cochin-36 residing at Nandanam, Nr. Yashoram Flats, Nirappathu, Chottanikkara.p.o, Eranakulam., do hereby verify that the contents in the paragraphs above are true to the best of my personal knowledge and belief and that I have not suppressed any material facts.

Place: Ernakulam                                                                                
Date:  16/10/2014                                                   1.
2. M. Harisuthan
                                                                             3. P.S. Anirudhan
                                                                             4. Liji.S.R
                                                                             5.K.P.Sreenivasan
                                                                             6.G.Ramadas
                                                                             7. M.P.Sivakumar
Applicants    
V. Sajith Kumar
Counsel for the applicant


Presented on: -  16/10/2014


BEFORE THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH

   M.A NO.             OF    2014

IN

O.A. NO. 709/ 2013    

Confederation of All India Central Govt, Stenographers Associations and Others

Applicant

v.

Union of India and Others


Respondents






MISCELLANEOUS APPLICATION FOR AMEDMENT    
















------------------------------------
V.SAJITH KUMAR


COUNSEL FOR MISCELLANOUS APPLICANT

Saturday, 27 September 2014

Relaxation to travel by air to visit J&K, NER and A&N for further two years on LTC – Dopt Order

Relaxation to travel by air to visit J&K, NER and A&N for further two years on LTC – Dopt Order

No. 31011/3/2014-Estt.(A-IV)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi-110 001
Dated: 26th September, 2014

OFFICE MEMORANDUM

Subject:- Central Civil Services (Leave Travel Concession) Rules, 1988 — Relaxation to travel by air to visit NER and A&N.

The undersigned is directed to say that in relaxation to CCS (LTC) Rules, 1988, it has been decided by the Government to permit Government servants to travel by air to North East Region (NER) , Jammu and Kashmir and Andaman & Nicobar Islands (A&N) as per the following scheme.


(i) All eligible Government servants may avail LTC to visit any place in NER/ A&N against the conversion of one block of their Home Town LTC. Fresh Recruits are also eligible for this benefit against conversion of one of the three Home Towns in a block of four years applicable to them.

(ii) Government servants entitled to travel by air can avail this LTC from their Headquarters in Economy class.

(iii) Government servants not entitled to travel by air may be permitted to travel by air in Economy class in the following sectors:

a. Between Kolkata/ Guwahati and any place in NER
b. Between Kolkata/ Chennai/ Bhubaneswar and Port Blair.
c. Between Delhi / Amritsar and any place in J&K

Journey for these non-entitled employees from their Headquarters up to Kolkata/ Guwahati/ Chennai/ Bhubaneswar / Delhi / Amritsar will have to be undertaken as per their entitlement.

(iv) Air travel is to be performed by Air India in Economy Class only and at LTC-80 fare or less.

(v) Air travel by non-entitled officers on the sectors mentioned in item (iii) above may be permitted while availing LTC to any place in India (4 year Block) also.

(vi) Air Tickets to be purchased directly from the airlines (Booking counters, website of airlines) or by utilizing the service of Authorized Travel Agents viz. ‘M/s Balmer Lawrie & Company’, ‘M/s Ashok Travels & Tours’ and ‘IRCTC’ (to the extent IRCTC is authorized as per DoPT’s O.M. No. 31011/6/2002-Estt.(A) dated 02.12.2009) while undertaking LTC journey. Booking of tickets through other agencies is not permitted.

2. These orders shall be in operation for a period of two years from the date of issue of this O.M.

3. All the Ministries/ Departments are advised to bring it to the notice of all their employees that any misuse of LTC will be viewed seriously and the employees will be liable for appropriate action under the rules. In order to keep a check on any kind of misuse of LTC, Ministries/ Departments are advised to randomly get some of the air tickets submitted by the officials verified from the Airlines concerned with regard to the actual cost of air travel vis-a-vis the cost indicated on the air tickets submitted by the officials.

4. In their application to the staff serving in the Indian Audit and Accounts Department, these orders issue after consultation with the Comptroller and Auditor General of India.

sd/-
(B. Bandyopadhyay)
Under Secretary to the Govt. of India

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/31011_3_2014-Estt.A-IV-26092014.pdf]

Thursday, 25 September 2014

7th Pay Commission has sought information on the parity of pay scales manifests in posts of a similar nature

MEENA AGARWAL
SECRETARY
GOVERNMENT OF INDIA
SEVENTH CENTRAL PAY COMMISSION
7CPC/99/RR/2014/1
Dated: 8th September, 2014
Dear
            The 7th Central Pay Commission has been receiving a number of memoranda, representations from associations/federations as well as individual cadres on pay and related issues. As part of its working, the Commission is also hearing various groups of employees both in Delhi and during its visits outside Delhi.
2. One of the major issues raised before the Commission centres on the subject of parity. One aspect of parity manifests in how posts of a similar nature are placed. Certain cadres/category of employees have, in their deposition before the Commission, stated that there are cases when identical or similarly placed cadres/categories of employees in different Ministries/Departments are placed differentially in terms of pay and promotional prospects.
3. With a view to examining and addressing this aspect of parity amongst apparently similarly placed cadres/posts, the Commission has devised a template to be filled in for posts being administered by your Department. The template seeks to elicit information that would be readily available in the Recruitment Rules for the concerned post(s)/cadres. In case your Department only operates posts involving common cadres like the Central Secretariat Service (CSS), Central Secretariat Stenographers Service (CSSS), Central Secretariat Clerical Service (CSCS), a NIL report may kindly be furnished to the Commission.
4. Since the Work of the Commission is time bound may I request that information as sought is furnished by 25 September 2014. Perhaps a copy of the RRs themselves could be sent as advance information.
Yours sincerely,
sd/-
(Meena Agarwal)

Wednesday, 17 September 2014

CAT Paritty update


CAT PARITTY CASE WILL ONLY BE HELD DURING OCTOBER 2014 AS THERE IS ONLY SINGLE BENCH FUNCTIONING.  OUR CASE WILL BE TAKEN ONLY WHEN FULL BENCH ASSUMES

Saturday, 13 September 2014

New Office bearers elected for AIPSA,TN

The Tamilnadu Circle Postal Stenographers Association elected new office bearers

President              -Smt.K.Lalitha,PS to CPMG,Chennai
Circle Secretary    - Shri.D.Mohan, PS to PMG,Trichy
Treasurer              -Shri.N.Ganesan, PS to PMG, Madurai

Congratulation to all
 Unite and strength

Good news to Puducherry Stenographers

 Government (of Puducherry) has invited us (the Office Bearers of Puducherry Stenographers Association) to hold a discussion (probably regarding the long pending promotion issue) on today ie.13-09-2014 at 4.30 p.m.  

The present gesture of the Government is highly appreciable and what appears to be a good sign in marking an end to our certain long pending issues.  

            Unity of Stenographers only will get victory.  Let us unite and fight together



Friday, 29 August 2014

DRDO Stenos association held meeting with VII CPC

DRDO Stenographers Association met VII CPC at Bangalore.

The following are the list of member who met the VII CPC at Bangalore on 24th Aug 2014.
1) Shri S Ramalingam, CVRDE, Chennai
2) Shri Ravi Kumar, ADE, Bangalore
3) Shri V Gopi, ADE, Bangalore
4) Shri B Balaraj, LRDE, Bangalore
5) Shri S Raju, MTRDC, Bangalore
6) Ms Usha Kulkarni, DEBEL, Bangalore

              According to the members, the meeting with the CPC was very cordial and the Chairman assured  total parity and positive response on all other issues of stenographers cadre.