ALL INDIA POSTAL & RMS PENSIONERS ASSOCIATION
(Regd. 83/2015 under Societies Act of TamilnaduSocieties Registration Act, 1975)
2/44, Muthial Chetty Street, Purasawalkam, Chennai - 600007 (Chennai HQ)
First Floor, North Avenue Post Office Building, North Avenue, New Delhi - 110001 (Delhi HQ)
Sub: Implementation of pay scale notified in the Schedule of Part C vide orders dated 29.08.2008 to Pre-2006 HSG-1 Pensioners of Postal Department and cancellation of orders of DoP&PW dated 11.02.2009 as per Apex Court verdict - regarding.
This Association of All India Postal & RMS Pensioners is constrained to bring to your kind notice that a grave injustice had been perpetrated to the Pensioners retired in the cadre of HSG-I prior to 1.1.2006 because of the fact that the feeder cadre to HSG-I cadre also bracketed with this cadre for fixation of minimum pension.
The HSG-II is the feeder cadre to HSG-I Postmasters post in the Department of Posts. The HSG-II posts were carrying 5000-8000 pre-revised scale of pay while the promotional cadre of HSG-I was in 6500-11500. The amalgamation of S-9, S-10. S-11 and S-12 pay scales by the 6th CPC resulted in serving employees of HSG-II placed in 4200 GP in PB-2 and consequently the promotional cadre of HSG-I was placed in 4600 GP in PB-2 by the Government vide GOI dated 29.08.2008. The entire Pre-2006 Pensioners of HSG-II were drawn their minimum Pension correctly according to the replacement scale of 4200 GP whereas the pre-2006 pensioners in the Promotional Cadre of HSG-I are still denied the benefit of fixation of minimum pension based on the scale of pay granted to the cadre. The striking down of the erroneous interpretation contained in the OM of the GOI dated 11.02.2009 by the Apex Court notwithstanding the situation continues to be unchanged even now.
The general argument that the Government had always taken the replacement scale to the pre-revised scale of pay of the Pensioner only for re-fixation of pension after every pay commission cannot be applied to HSG-I cadre for the basic reason that the amalgamation of four scales of pay resulted in both feeder and promotional cadre fell on the same level and consequently the Government had placed the promotional cadre in the next level. Therefore the scale made available to serving employees from 1.1.2006 shall be treated as the replacement scale of HSG-I only and all the Pre-2006 Pensioners retired in HSG-I cadre should be extended with the right of fixation of minimum pension based on the Pay in the Pay Band applicable to that cadre. The Government’s argument that the GP 4600 in PB-2 is an upgraded scale to the cadre and cannot be applied to pre-2006 retirees is basically unjustified and untenable, as it is not an upgraded scale but a replacement scale only due to amalgamation of four scales below that cadre resulted in the grant of 4600 GP to this cadre to the employees. But the pensioners of both the promotional and feeder cadre are in the same level of 4200 GP!
The GOI dated 29.08.2008 which declared the schedule of new pay scales in lieu of old pay scales clearly points out that the replacement of scale of HSG-1 in Postal Department in S-13 scale of pay are to be granted 4600/- GP. But the subsequent orders of DoP&PW dated 11.02.2009 denied this step by treating the GP 4600 pay to HSG-1 is an upgradation of pay permitted only to the serving employees w.e.f. 1.1.2006. It is noteworthy that this erroneous order dated 11.02.2009 was struck down by the Courts including Apex Court but even till date the Government has not issued any instructions that the above order stands cancelled, consequently the authorities continue to operate under the orders dated 11.02.2009 on the grounds that the Government has not withdrawn the orders! This is happening despite the Apex Court clearly ruled to scrap the said orders dated 11.2.2009. It can be seen that cancellation of the said 11.2.2009 orders will automatically ensure the grant of GP 4600 pay to pre-2006 pensioners of HSG-1 as per original orders dated 29.08.2008.
Moreover the revised pension on the basis of the pay in the pay band and grade pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired should not be applied mechanically by undermining the fact that the GP 4600 scale to HSG-I is only the replacement scale of HSG-I due to amalgamation of several pay scales including the HSG-I and its feeder cadre HSG-2 by the Pay Commission and that resulted in the HSG-I promotional cadre allotted the next scale with GP 4600 by the Government / Ministry.
This Association urges for a judicious decision on this matter by the Government of India despite the fact that the 7th CPC could not apply its mind to this fact and net result is perpetuation of a grave injustice to the pensioners of HSG-I cadre in Department of Posts. This Association hopes for early rectification and issue of orders granting the benefit to Pre-2006 HSG-I retirees.