The Hon Blecgda

To:

The Hon’bleCGDA

UllanBatar Road,

Palam,

DELHI CANTT.

Respected Sir,

Sub :Revision of pay-scale of Data Entry Operators in Defence Accounts Department Implementation of Supreme Court Order.

Ref :CGDA Office Circular No.EDP/113/II(PC)Vol-18 dated 01-09-2016.

I, invite your kind attention to Hqrs office lettercited above and published in the Official Web site, directing all PCDAs/CDAs to implement the Supreme Court verdict and re-fix the pay of all DEOs and further to initiate recovery action of the over payments made till date.

I would like to bring to the notice of Hon.CGDA, the following few points for kind and favorable consideration please.

Pay of the DEOs under the Organisationhave been re-fixed based on the Judgement of Hon’High Court of Bombay in W.P. No.4441/2003. It is submitted that the above Judgement has attained finality in the year 2008 only since the same has not been challenged in the Apex Court. Based on the above Judgement Grade A and Grade B scales have been merged and pay has been re-fixed in respect of all the DEOs accordingly. Since certain anomalies were noticed in regard to re-fixation of Pay, particularly, the grant of ACP/MACP, some of the DEOs, across the country have approached the CAT benches for justice. It is submitted that all the CAT benches have given a Judgement in favour of the applicants and furthermore the Appeals challenged by the Department in various High Court benches have also been dismissed. It is a known fact that the Department has challenged these Judgements before the Hon’bleSupreme Court of India in SLPs, which are still pending. It is also submitted that one of the SLP(Civ) No.5157/2013 has also been dismissed by the Apex Court.

The above order of refixation of pay is understood to be, based on a Supreme Court Judgement in SLP(C )10862/2014, which is in no way connected to the DEOs of our Department and further since the Hon’bleHigh Court of Bombay W.P.NO.4441/2003 has attained finality in the year 2008 only and also the same has not been challenged before Apex Court, the above Judgment is not at all binding on the DEOs of our Department.

In view of the above, Circular issued by CGDA Office dated 01/09/2016 may be cancelled as Supreme Court Judgement has not clubbed the Bombay High Court case No.W.P.4441/2003 and that this Bombay High Court case has not been challenged by our Department in Apex court, based on which the undertaking were given by the DEOs in our Department and benefit was extended to DEOs of our Department.

Thanking you,

Yours faithfully,

[S.N.SAFAI]