GS HAD WRITTEN TO DIR HR IN VIEW OF FIXATION OF PAY AS PER FR 22 1 A 1 CASE TO THE OFFICATING JTOS. THE LETTER AS BELOW
No:
SNEA/CHQ/DIR(HR)/2015-18/103
Dated 10th October, 2018.
To
Smt Sujata T Ray,
Director (HR), BSNL Board,
New
Delhi.
Sub:
Fixation of pay under FR22(1)(a)(1) and its
consequential benefit on pay
revision to the officiating JTOs reg:
Ref:
1. No.3-8/2010-Estt-IV(Pt) dated 18th
Sept. 2018.
2. No. 3-32/2013/Estt-IV dated 22nd
December, 2015.
Respected
Madam,
Your
kind attention is requested to the following fact on the above subject.
The
Screening test qualified TTAs after completing JTO Phase I training were posted
as officiating JTO’s since 2003. Pay of this officials were initially fixed at
JTO pay scale of 9850-250-14500 (E1A) as per FR 22(1)(a)(1) without the
restriction of FR 35 by some of the Circles. Later on, instruction was issued
for fixation of pay on their promotion under FR 35 pay restriction. This
instruction under FR 35 was challenged by the Association and the matter was
under the consideration of various court for more than 10 years. The
admissibility of FR22(1)(a)(1) in pay fixation of screening test qualified JTO phase I training completed
officiating JTOs was considered by
various Hon. CATs, Hon. HIGH COURT of
KERALA and finally by Hon. SUPREME COURT. All the Judicial forums has ordered
to fix the pay of these officiating JTOs as FR 22(1)(a)(1) without the
restriction of FR35. As per the final two judgments from Hon. Supreme Court
dated 20.07.2018 in SLP No.19274/18, 19271/18 & 19310/18 and order dated
30.07.2018 in SLP No.19304/18, BSNL decided to extend this benefit of pay
fixation under FR 22(1)(a)(1) to all the officiating JTOs since the date of
promotion as officiating JTOs as per letter under reference 1 above. Accordingly, though it is directed to fix the
pay on promotion under FR 22(1)(a)(1), it is
also directed to revise the pay in terms of 2nd PRC
in accordance with instruction issued as per letter no. 3-8/2010/Pers-IV dated
01.01.2014 and letter no.3-32/2013/Estt-IV dated 22.12.2015 (Letter under
ref.2).
As
per the letter no.3-32/2013/Estt-IV dated 22.12.2015, it is instructed that at
the time of revision of pay, it is to be done with respect to the substantive
grade of the official. This will result huge pay loss to the official. In fact while BSNL has decided to extent the
benefit of pay fixation on officiating promotion under FR22(1)(a)(1) in the pay
scale 9850-14500 in one hand, it has decided to revise the pay in accordance
with 2nd PRC in the TTA cadre
which will defeat the spirit of Hon. Supreme Court order which
has upheld the eligibility of
officiating JTOs to get their pay fixed as in case of regular JTOs. This will
resultantly take way the eligibility of officiating JTOs for JTO pay scale
which was upheld by the Hon. Supreme Court. So far different method of pay
fixation was followed on promotion on officiating basis and on regular basis
for JTOs which was found illegal by Hon. Supreme Court. But now BSNL has
decided to follow different yardstick in pay revision in case of officiating
JTOs and regular JTOs.
In
this connection the following facts are brought to your kind consideration for
extending the benefits of pay revision
to these JTOs with respect to the pay to which they were eligible and ordered
to be drawn by Hon. Supreme Court in the pre-revised pay scale of 9850-250-14500
.
1. At the time of issuing the
order dated 22.12.2015 the applicability of FR 22(1)(a)(1) for officiating JTOs
was under challenge and according to BSNL it was subjected to the outcome of
court cases. It is presumed that accordingly BSNL has instructed to revise the
pay of officiating JTOs with effect from 01.01.2007 in their TTA pay scale. The
pay in the TTA pay scale is much less than the pay that they were drawing
against the post in which they are actually officiating. While the basic pay in
TTA cadre of an officiating JTO was Rs.8300/-, the basic pay drawn by him in
the JTO pay scale was Rs.10,100/ as on 01.01.2007. If the pay is revised on
01.01.2007 with respect to TTA pay it will be at 8300*1.688*1.3 is
Rs.18220/-(Actual) and 8300*1.782*1.3 is Rs.19230/-(Notional). Since the
official is working as a JTO since 2006 and drawing a Basic pay Rs.10,100/ in
the pay scale of 9850-14500 he would have eligible for revision of pay with
effect from 01.01.2007 with respect to the Basic pay of Rs.10,100/- which he
was drawing as on 31.12.2006. The pay revised with respect to the basic pay he
was actually drawing would be 10100*1.688*1.3=Rs.22170/-(Actual) and
10100*1.782*1.3=Rs.23400/-(Notional). From this it can be seen that the
official will be at a loss of Rs.3950/-(Actual) and Rs.4170/-(Notional) on
account of this wrong method of pay revision. This is clear case of
discrimination and injustice to the officiating JTOs.
2. The pay of a Regular JTO
who was in service prior to 01.01.2007
and drawing a Basic pay of Rs.9850/- was granted the benefit of pay revision
and fixed at Rs.21620/-(68.8%) and Rs.22820/-(78.2%). According to the order
dated 22.12.2015 the pay of a JTO (officiating) who was actually working prior
to 01.01.2007 in the pre revised scale of Rs.9850-250-14500 at basic pay
Rs.10100/- is revised at Rs.19230. Thus a JTO who was drawing higher pay(Rs.10,100/-)than
a JTO who was drawing less pay prior to the revision will be getting less pay
than a JTO at lower pay consequent on pay revision. This is an anomaly on
account of implementation of pay revision which is not envisaged under any
rule.
3. Pay commissions are
constituted for examining the need for the revision on account of change in
average cost of price index (ACPI) and other allied matters under consideration
with respect to the pay of an official drawing in a pay scale. The revision of pay is ordered with respect
to the pay scale and pay of the incumbent in the pre revised scale. It has
nothing to do with the nature of incumbent, holding the post. Then only the
justice and purpose of pay revision will be fulfilled. In the orders issued by
DPE OM No.2 (70)08-DPC (WC) dated 26.11.2008 and DOT order No.61-01/2009-SU
dated 27th Feb, 2009 and further endorsed by BSNL by order
no.1-50/2008-PAT(BSNL) dated 05th March, 2009, the pay revision is
ordered with respect to the pre revised scale. Accordingly the benefit of pay
revision is eligible for all officials working in such pay scales.
4. It is also brought to your
kind notice that Non-Executives placed in the Executive pay scale were also
granted the benefit of pay revision with respect to the Executive pay scale and
pay drawn by them in spite of the fact they continue to perform the duties of
Non-Executives as clarification
issued vide 1-11/2009-PAT (BSNL) dated
31.03.2009.
5. It is also brought to your
kind consideration to the fact that though the BSNL management decided to
regularize all screening test qualified Phase I trained officiating JTOs, the
necessary amendment to the recruitment rule was badly delayed up to 2015. This
has necessitated the prolonged officiating of these officers for more than 10
years and resultantly these officers has lost their valuable service as JTOs
for their further carrier advancement. As they have already lost their service
weightage, in spite of their functioning as JTOs the reduction in pay if
implemented in accordance with the order dated 22.12.2015 will result double
jeopardy for none of their fault.
6. In some
Circles like West Bengal, the pay revision on 01.01.2007 for one section of
officiating JTOs are done on the JTO pay scale of 9850-200-14500 whereas for
the officiating JTOs who are members of SNEA, the pay revision is done in the
substantive pay scale of TTA. This is a clear discrimination. All the
officiating JTOs pay revision as on 01.01.2007 should be done on the JTO pay
scale of 9850-200-14500 as done for others.
Considering
all the above facts it is requested to issue instruction for revision of pay as
on 01.01.2007 for the officiating JTOs with respect to the basic pay they were
drawing in the pay scale of 9850-14500. It is brought to your kind notice that
already these officials were denied their eligible right for pay fixation to
which they were eligible for more than 10 years and dragged to legal
proceedings resulting huge financial loss to the officials and to the Company
BSNL also. A favourable decision on this matter may be taken at the earliest so
as to end this controversy and pay loss suffered by these section of officers
for last more than 10 years and to avoid further litigation.
With regards,
(Sebastin.
K)
Copy to: Shri Saurabh
Tyagi, Sr GM(Estt), BSNLCO for information and n/a please.
