AIPAEA CUTTACK

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Sunday, March 30, 2014

STEPPING UP of PAY OF ALL SENIOR ACCOUNTANTS AT PAR WITH THEIR JUNIORS WHO ARE DRAWING HIGHER PAY DUE TO ACP/MACP IN THE SAME CADRE.

VIEWS OF AIPAEA, CUTTACK UNIT WITH REGARD TO STEPPING UP of PAY OF ALL SENIOR ACCOUNTANTS AT PAR WITH THEIR  JUNIORS WHO ARE DRAWING HIGHER PAY DUE TO ACP/MACP IN THE SAME CADRE.
                We are of the view that pay of all the Senior Accountants of postal accounts who are under single gradation list should be stepped up at par with their juniors when a junior is getting higher pay due to availing ACP/MACP or even the both, irrespective of their length of service and mode of entry in feeding cadre (i.e. Junior Accountant,   
With regard to Pay it is to mention that, as per service rules, PAY includes Band Pay and    the Grade Pay (previously known as basic pay) on which DA as well as HRA is admissible and  on which post retirement benefits are being calculated.  However, supposing the clarification issued by the Directorate is accepted  it would create a wide   gap between seniors and juniors and  it would invite more problems than it could solve. If such poor interpretation of pay and ACP/MACP are accepted then the very basic purpose of the case of  stepping up of pay at par with juniors will get defeated.
            Further, if  stepping up of pay is allowed up to the grant of MACP or up to 1st Sep’2008 by ignoring future stepping up of pay  it would then widen the gap between senior and junior & such poor application by the authority definitely  goes against the principle of natural justice and the judgment of honourable courts.
             Most importantly,  this Unit would like to  submit that injustice has been  done to us since long for which we have gone to the court of law for justice and we won the case, even  in every stage starting from the Pr. CAT, New Delhi to ob’bleHHHHhh  Hon’ble High Court, Delhi and then in the Supreme Court also.  Under such  circumstances, how could PA Wing being a Party to the case  like AIPAEA, issues clarifications to implement the same judgment the way it suits to them. Such vague clarifications, in our opinion, undermine the entire verdict and defies justice  that duly granted to us by the Pr. CAT, New Delhi and rightly upheld by both the High Court and The Supreme Court.  We  fail to comprehend that under what authority the PA wing has issued such clarification and how it could be binding on us.  Similarly, AIPAEA being a Party,  could    dictate terms to the department.   Presumably, it is a deliberate attempt by the administration to create chaos so that we would be deprived of  the justice.
            Even after winning the last battle in the Highest Court of the Land we are of the view that only a half of the battle is won. We have to overcome many hurdles & the feudalistic mind-set of bureaucracy who are putting the spoke in the wheel by issuing vague clarifications to derail justice bestowed upon us. 
Another example is that when the judgment was pronounced in our favour, it should have been implemented by the department at its own, in toto, that too in true spirit of the judgment. But the administration has called for  options from the eligible officials with an ill intention so that those who are not aware of the development, may be debarred from benefits of stepping up of pay or those who fail to find the colleague with whom  the pay  could be stepped up, will be given less pay than they deserve.
            In our Unit if the judgment is implemented in right spirit, then more than 100 Comrades would have been benefited.  But the Administration by restricting stepping up of pay to ACP   by ignoring Grade Pay  there might be 18 Comrades who would be benefited by the implementation (even those  cases are yet to be finalized) .
            Please submit the above submissions before the Pr. CAT through our learned counsel to reject outright the vague clarifications issued by the department and pray for intervention of hon’ble court .
Another submission may be made before the Honourable court that accountability be fixed on inefficient, incapable and errant Officers who are responsible for such poor interpretation of the Court Verdict and cost of the case for Contempt along with the penal interest  may  be recovered from the salary of  errant Officers so that in future will they  not dare to venture to derail the legal process according to their sweet will.
Thanking you
With tons of warm regards,
     Bibhudutta Senapaty
      Circle Secretary, AIPAEA,
                 CUTTACK

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