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 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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