~~ll ~t1I(1ll ;ft'ld"1KEr.'llRlVA VIDYALAYA SA.~GATHAN

18~rrm ~. 'If,fr.; till". ~ 'If'('It ~ 110~6

18, Institutional Area, Shaheect Jeilt Singh MargNgyrDe!1l1fQ016

F.11013-212011-KVS (Admn.l) Dated:'{)7 '{)8-2012

MEMORANDUM

WHEREAS, in pursuant to the directions of HonObleCAT, ErnakulamBench in OA No. 43212009, KVS issued its order No. 12-17/99-KVS(Admn-l)Vol.iI dated 13.06.2011, and aggrieved by the same the Kendriya VidyalayaNon-Teaching Staff Association & Others filed OA No. 542/2011 before theHonObiaCAT Emakulam Bench.

WHEREAS, the Hon'ble CAT vide its order dated 17.06.2011, directedthe respondents as under.-

We heerd Mr. T.C. Govindsswemy, Counsel for the applicants andtaking into consideration and also the balance of convenience, we direct notto recover the alleged axcess amount from the applicants for a period of twoweeks. For further consideration, let the OA be posted after two weekS so asto enable the respondents to file rap/y on the interim relief, if any. Copy of theorder be given to the counsel for the perties. List on 06.07.2011 .•

WHEREAS, the Hon'ble CAT vide its order dated 12.01.2012, makingabsolute the interim order dated 17.06.2011 directed the respondents asunder:-

• The raspondents have not examined whether Annexure-A 11 andobjections of the Audit on which the antire action of the respondents arabased, hold good any longer in the light of Para 6.2 above of the MACPScheme. In the circumstances, we are of the considered view thai therespondents should Issue a speaking order in the malter of denial of Gradepay of Rs. 42001- to the applicants having regard to the relevant aspects withdue application of mind.

-2-In the light of the above, Annexure A-11 is set aSide. The interim

direction dated 17.06.2011 not to recover the alleged excess amount fromthe applicants is made absolute till the respondents reconsider the matter andIssue a speaking order and communicate the same to the applicants. The OAIs disposed of as above with no order 8S to costs .•

WHEREAS, in Kendriya Vidyalaya Sangathan the post of lOC, UOCand Assistant have all India transfer liability and the incumbents to the postsare interchangeable i.e. from Headquarter to ROsIKVslZlETs and vice versa,The status positlon of the pay scales of these posts after implementation of6'" CPC Ie prior to 01 082008 and after 01 08 2008 is as under-

Prior to 01.08.2008 After 01.08.2008S Name of Paysca'e S. Name of Pay scale end GradeN I post N. I post I pay1 lOC PB-1 with GP of 1 lOC PB-1 with GP of

Rs. 1900 (pre- Rs.1900.revised 3050-4590)

2 UOC PB-1 with GP of 2 UOC PB-1 with GP of(promotion Rs. 2400( pre- (promotio Rs.24OO.al post for revised 4000- nal postthe post of 6000) for thelOC) post of

lOC)3 Assistant PB-1 with GP of 3 Assistant PB-2 with GP of

Superinten Rs. 2800 (pre- (promatia Rs. 4200 (the post wasdent revised 4500- nal post redesignated as(promotion 7000) for the Assistant and was upal post for post of graded to pre-revisedthe post of UOC) pay scale of Rs. 5500-UOC) 9000 along with all

incumbents to theIposts)

WHEREAS, from the table above, n may be perused that pnor to01.08.2008 the pay scale for the promotional post for UOC was Rs. 4500-7000 (replacement scale of which is Pay Band-1 with GP of Rs. 2800/-) andw.e.f. 01,08,2008 the post was up graded along with incumbents to the postand was redesignated as Assistant in the pay scale of Rs. 5500.9000 whosereplacements scale is of Rs, 4200 (GP) in Pay Band-II..

-3-WHEREAS, the condition no. 6.2 of MACPS provides as under.-

"In cases where financial up gradation had been granted to Governmentservants in the next higher scale in the hierarchy of their cadre as per theprovisions of the ACP Scheme of August, 1999 but whereas as a result of theimplementation of sixth CPC's recommendations the next higher post in thehierarchy of the cadre has been upgraded by granting a higher grade pay, thepay of such employees in the revised pay structure will be fixed withreference to the higher Grade pay granted to the post. To illustrate, in thecase of Jr. Engineer in CPWD, who was granted 1<tACP in his hierarchy tothe Grade of Asst. Engineer in the pre-revised scale of Rs. 6500-10500corresponding to the revised grade pay of Rs. 4200/- in the pay band PB-2,he will now be granted grade pay of Rs. 4600/- in the pay band PB-2consequent upon up gradation of the post of Asst. Engineer. In CPWD bygranting them the Grade pay of Rs. 4600 in PB-2 as a result of sixth CPC'srecommendation. However, from the date of implementation 01 the MACPS,all the financial up gradations under the Scheme should be done strictly inaccordance with the hierarchy of Grade pays in pay bands as notified videCCS (Revised Pay) Rules, 2008."

WHEREAS, the aforesaid illustration does not apply in the instant OA.The pre-revised pay scale of Rs. 5500-9000 (replacement scale of pay ofwhich is Rs. 9300-34800 with Grade pay of Rs. 4200) has been granted tothe post of ASSistant in KVS w.e.f. 01.08.2008 among all incumbents of thepost (the promotional posts for the post of UDC) whereas, prior to 01.08.2008it was only 4500-7000 (replacement scale of pay of which is Rs. 5200-20200with Grade pay of Rs. 2800). However, it is also a fact that the incumbents tothe post of Assistant Superintendent (the promotional post to the post of UDCprior to 01.08.2008) worked at par with other Assistants after 18.07.2001 i.e.the date of merger of the post of Head Clerk/Audit Asst.lAssistant in KVS.

Whereas, the financial up gradation under ACP scheme to thoseUDCslLDCs who were granted 1" or 2"" up gradation (as the case may be)prior to 1.8.2008 were granted by KVS in Pay Band-2 with Grade pay ofRs. 4200 erroneously by a Regional Office Hyderabad of KVS which was alsonot at par with the Grade pay drawn by similarly deSignated employeesposted in KVS Headquarter office. However, the matter was referred to theGoveming Ministry, which after detailed examination of the matter, vide theirletter dated 26.04.2011 has also conveyed that the Grade pay of Rs. 4200 isnot admissible to UDC and LDC who have completed 12 and 24 years ofregular service prior to 01.08.2008 and directed KVS to take rectificatorymeasures resulting in to issuance of KVS letter dated 13.06.2011.

-4.

Thus, the provision under Para 6.2 of Government of India, MACPSissued vide OM No. 35034/312008-Esstt (D) dated 19.05.2009 does not applyto the matter involved in the instant OA. The decision of the competentauthority conveyed vide KVS letter No. F.12-17199-KVS (Admn-l)Nol.lI dated13.06.2011 is in order which has been issued based on the decisionconveyed by the Governing Ministry.

The representation of Shri Basudev Chakraborty, General SecretaryKEVINTSA dated 13.02.2012 thus stands disposed of in compliance to thedirections of the Hon'ble CAT Emakulam Bench issued vide its order dated12.01.2012Iry OA No. 542/2011. /) . • ,

~~

(AVINASH DIKSHIT)COMMISSIONER

/shri Basudev ChakrabortyGIn. SecreUiry KEVINTSA,2211, Jogendra Nath Ghoshal RoadArladaha, KolkaUi-700057

Copy to:·1. The Deputy Commissioner KVS, Regional Office Chennal for

information and necessary action2. The Assistant Commissioner (L&C) KVS (HQ) for Information w.r.t.

O.A. No. 54212011 and WP No. 197912012 filed by KEVINTSA & othersbefore Hon'ble CAT Emakulam Bench and Hon'ble High Court ofKerala at Ernakulam. /

Joint Commissioner (Pers_>