1.1.96- what next?
-R. Manimohan
Many individuals, who are retired as
well as serving and some Office Bearers of Associations have contacted me
regarding what is to be done in the matter of re-fixation of pay scales of
Inspectors, Superintendents, ITOs, and
equivalent cadres in the CBIC and CBDT with effect from 1.1.96 consequent to the Hon'ble High Court judgment of Calcutta.
Some of them have contacted me since I have been associated with this issue ever since 1994, when Com. Rahate and Com. Rudra Mani Mishra of Indore Inspectors' Association had approached the Jabalpur CAT and I was one of those who collected some amount for fighting the case when the then SG of the Inspectors" Federation Com. R.C. Sharma was said to be not helping them. Later Com. R.C.Sharma also joined in. Later I was associated with the programmes of the COC of Revenue in 1998 and was later instrumental in reviving it in 2004 only after which the revision of scale with effect from 2004 itself could be achieved.
I have once in this blog itself explained the past history of the case. I am not repeating it. Those who are new to the subject or require a brushing up of memory may peruse it here.
I am also given to understand that some persons are trying to file another case in some other forum for pay scale revision from 1.1.96, after the judgment of the Hon'ble High Court of Calcutta.
In this regard, it is my opinion that when one High Court has ruled that revision of pay scale of a cadre from any particular date is within the domain of the Executive, any further attempt to get seek judicial remedy from some other forum will be counter-productive.
For that matter, already another case is
pending in the High Court of Bombay, an appeal filed by the UOI against a
favourable verdict by the CAT, Mumbai in the case of ITOs and in CAT Mumbai
itself the case filed by Association of Inspectors of Central Excise as well as
Superintendents of Central Excise, Mumbai are also pending. When CAT Bench of Mumbai has already taken a
stand favourable to the applicants, there is no point in approaching another
Bench of the Tribunal and it will be dangerous.
It is my opinion based on past experience,
that at this juncture, to revive the COC of Revenue and approach the Revenue
Secretary to constitute a Special Anomaly Committee as directed by the Hon'ble
High Court of Calcutta in this matter would be a practical solution - even if it is felt by the Revenue Secretary and Cabinet Secretary that this issue cannot go into the presently set up Anomaly Committee. We have of course given enough justification for bringing this issue into the present Anomaly Committee itself in 2018.
In this regard, a canard has been
spread by certain persons interested in collecting money in the name of nth
number of court case that the High Court order would become applicable only to
the petitioner. They are not either
aware of what an Anomaly Committee implies or deliberately do not want others
to know.
An anomaly is by nature applicable
to an issue on hand and any decision is in respect of that issue, irrespective
of the persons who have taken it up. The
decision is binding and will apply to the cadres to which the issue is
applicable or has a bearing.
There is also the factor that has to
be taken into consideration:
It is up to the Government to accept
a decision of the Anomaly Committee or not.
Only organisational pressure and negotiations at the level of Revenue
Secretary and Cabinet Secretary will enable us to make the Government accept
such a recommendation.
The facts that have to be collected
to be presented to the Anomaly committee are (1) which we have already
submitted in the Courts (2) The point raised for anomaly committee already (3)
Instances of revision of pay scales in equivalent cadres in other departments, notionally
with effect from 1.1.96 carried over and/or where arrears has been paid from
that date AFTER REVISION IN DEPT OF REVENUE WITH EFFECT FROM 21.04.2004 and (4)
any other issues which could buttress our arguments on this.
It is only hoped that the present
leadership of AICEIA, AIASCT and CIRSA will urgently co-ordinate with the
leadership of ITGOA and ITEF and revive the COC of Revenue without loss of
time, constitute a committee to prepare the memorandum to the RS based on the
HIGH COURT ORDER and take organisational steps to press for it. Since most of the beneficiaries in this would
be retired persons, they may also be kept in loop since those who pose as legal
eagles are in fact vultures having an eye on their pockets and these pensioners
should not fall prey to their designs.
It is my personal experience that
the present RS and the Member (Admn & Vig) in the CBIC are no-nonsense persons
who are capable of getting things done for the cadre, once they are convinced
that the cadres of this Department have been wronged - particularly when compared to the equivalent cadres in other departments. The Associations should try to meet them.
One has to strike when the iron is
hot, and the time for us is now. Let us not once again fret away our energies by barking up the wrong trees, or being misled by wily pied pipers yet again.
Well said. We have seen how the court orders were wrongly interpreted and the relief if any granted only in personam that too after a long time. Negotiation with RS by COC will cut the ice and every one will get the benefits.
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