Dear Members,
I am attaching draft rejoinder and MA for the refernce. This will be filed soon when the full bench of the CAT meet during November. If any thing more to be added please email me.
I also request members financial help to meet expenses of the advocate.
Harisuthan
BEFORE
THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
O. A NO: 709 of 2013
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Confederation of All India Central Government, Stenographers
Associations and others
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Applicants
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V
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Union of
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Respondents
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REJOINER
FILED BY THE APPLICANTS IN THE ABOVE ORGINAL APPLICATION
1.
All
the averments in the reply statement except which are specifically admitted hereunder
are denied.
2.
The
averments in para 1 and 2 are without any substance. The applicants never
sought parity in the cadre structure. The applicants only sought parity in pay
in equivalent cadres in CSSS and subordinate offices. A Stenographer in CSSS
may get 5 to 6 promotions in his career but stenographer in subordinate
services may only get 2 or 3 promotions in his career. There is no request for
cadre re-structuring or parity in cadre structure. The prayer is limited to
parity in equivalent cadre existing in CSSS and subordinate officers.
3.
In
reply to averment in Para 3 It is humbly submitted that Grade-I stenographer in
subordinate offices need to be granted grade pay of Rs 4600 for parity with
CSSS. The contention that 33% of the vacancies of Private Secretaries in CSSS
is filled through departmental examination is not a justification to deny equivalent
pay scale to the cadre of Private Secretary at subordinate offices. At any rate,
majority of the vacancies (66.63%) are filled merely based on seniority. There
is no rational basis to discriminate between Private Secretaries of both
cadres. The respondents should see the table at Para 11 of the Original
Application which explains the gross disparity in pay scales and cadre
promotions. It is submitted that Para 4 to 7 are mostly the statements of
facts.
4.
In
reply to the averment in Para 8 it is humbly submitted that the revision of
scale of pay of Private Secretaries in the CSSS from Rs. 5500- 9000 to 6500-
10500 was announced in the year 2006 behind the back of pay commission, while
the entire issue of pay revision was under its consideration. This up-gradation
in fact brought disparity between the subordinate offices and CSSS. This
up-gradation benefited the officials at CSSS since they got replacement scales
on implementation of pay revision. The applicants and similarly placed were
also entitled for the up-gradation took place in the year 2006. There is no
material to conclude that the up-gradation of the year 2006 was brought to
notice of the pay commission, alternatively it can be seen that pay commission
spoken about parity of stenographers at CSSS with subordinate offices.
5.
In
reply to averments in Para 9 it is humbly submitted that entry level
stenographers at CSSS and field officers are carrying grade pay of Rs 2400/-.
However there is an automating up-gradation after 5 years for those at CSSS with
grade pay of Rs. 4200 but the same has been denied to those who are in field
officers. Though, Steno-Grade-III is now upgraded, there is a failure to
grant upgraded pay. The respondents are paying grade pay of Rs. 4600/- for
those at CSSS in the Steno-Grade-II, however the same has been denied to those
in the field offices in the same grade (Grade-II). Even after the merger of
Grade-II and Grade-I the corresponding up-gradation in Grade-I was not granted
and stenographers are still being paid corresponding replacement scale of
Grade-II. The respondents would have reasonably granted the corresponding
replacement scale in Grade-I. At any rate there is no justification to
discriminate Stenographers Grade-II at CSSS and field offices.
6.
In
reply to averments in Para 10 it is humbly submitted that the up-gradation took
place in the year 2006 exclusively in favour of CSSS is the reason behind the
pay disparity. The 2006 up-gradation brought Private Secretaries in CSSS in
parity with senior Private Secretary in the subordinate offices. Thus, the
corresponding replacement scales gave undue advantage in favour of those in CSSS
and in turn discriminated stenographer’s cadre in field officers.
7.
In
reply to the contentions in Para 13 to 18 are of no merit. The respondents
admitted that they are in receipt of the applications submitted by the
applicants.
8.
In
reply to the averments in para 20 to 23 it is humbly submitted that in all the
litigations referred therein, respondents disputed the claim for parity with
CSSS and later had to comply on being directed by the Honourable Central
Administrative Tribunal. The gist of the contentions in all those litigations
are quite similar to the contentions in this particular Original Application.
Inspite of seriously disputing claims for parity in the reply statement in OA
164/2009, the respondents fairly admitted the historical parity in this reply
statement. After implementing the order in OA 658/2010, there is no
justification to contend that they are in the process of review petition. Thus
all the similarly placed officials were given parity in pay by orders of this
Honourable Tribunal and the same may not be denied to the applicants.
9.
In reply to averments in para 24 it is humbly
submitted that the ministry for external affairs had sought parity for
stenographers working under them, though it was not allowed by the respondents
herein.
10. There is no merit in Para 24 to 26
and no justified reasons have been provided to reject the claims of the
applicants.
11. All the contentions in the reply
statement are devoid of merit and Original Application is liable to be allowed
with cost to this applicants.
INVERIFICATION
I,
, Harisuthan, S/o G. Madhavan
Unnithan, aged 42 years, Steno Grade D, Stenographer O/o the Sr. Superintendent
of Post, Kollam – 691001 residing at
Nadukunnil, Kizhakkethil, Navaneetham, Kadika, Kaithaparambu P. O, Enathu,
Pathanamthitta- 691526, General Secretary,
Confederation of All India Central Govt, Stenographers Associations, do
hereby verify that the contents of paragraphs 1 to 11 above are true to the
best of my knowledge, information and belief and that I have not suppressed any
material facts. I am filling this rejoinder on behalf of the other applicant
also
Place: Ernakulam
Harisuthan
Date: 16/10/2014
V. Sajith Kumar
Counsel for the applicant
Presented on: 16.10.2014
BEFORE
THE HONOURABLE CENTRAL
ADMINISTRATIVE
TRIBUNAL
ERNAKULAM
BENCH
O.A.NO. 709 of 2013
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Confederation of All India Central Govt, Stenographers Associations
and Others
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Applicant
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V
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Union of
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Respondents
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REJOINDER FILED BY THE
APPLICANT.
V. Sajith Kumar
Counsel for the
Applicant
BEFORE THE HONOURABLE CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
O.A. No: 709 of 2013
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Confederation of All India Central Government, Stenographers
Associations and others
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Applicants
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V
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Union of
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Respondents
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I N D E X
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Sl.No.
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Particulars
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Page No
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1
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Rejoinder
Statement
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Dated this the 16th day of
October, 2014
V. Sajith Kumar
Counsel for the Applicant
BEFORE THE HONOURABLE CENTRAL
ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH
MA. No /2014
IN
O.A. No: 709 of 2013
Applicants:-
1. Confederation
of All India Central Govt, Stenographers Associations, represented by the its
General Secretary, Harisuthan, S/o G. Madhavan Unnithan, aged 42 years, Steno
Grade D, Stenographer O/o the Sr. Superintendent of Post, Kollam – 691001 residing at Nadukunnil, Kizhakkethil,
Navaneetham, Kadika, Kaithaparambu P. O, Enathu, Pathanamthitta- 691526.
2. M.
Harisuthan, S/o G. Madhavan Unnithan, aged 42 years, Steno Grade D,
Stenographer O/o the Sr. Superintendent of Post, Kollam – 691001, residing at
Nadukunnil, Kizhakkethil, Navaneetham, Kadika, Kaithaparambu P. O, Enathu,
Pathanamthitta- 691526.
3. P.S.
Anirudhan, S/o P. Sreedharan, aged 48 years, Stenographer Grade ‘D’, O/o The
Principal Accountant General (SGSA). Audit Bhavan, AG’s Office P. O, Statue, M.G. Road
4. Liji S. R,
D/o V. Raghunathan, aged 39 years, Stenographer Grade “D”/ GR.III, O/o The
Commissioner of Central Excise & Customs, ICE Bhavan, Press Club Road,
Trivandrum- 695001, residing at Ketharam, TC 43/666(2), NKRA- 50,
Neelattinkara, Kamaleswaram, Manacaud (PO), Trivandrum- 695009.
5. K.P.
Sreenivasan, S/o Late V.K. Parameswaran, aged 46 years, Stenographer Grade “D”/
GR.III, O/o The Commissioner Income Tax (Appeals), Aayakar Bhavan, Mananchira,
Kozhikode- 673001, residing at Sreenidhi, Near Pisharikav Temple, Edakkad, PO
West Hill, Kozhikode- 673005.
6. G.
Ramadas, S/o N. Gopalachar, aged 53 years, Steno Grade D, Stenographer State,
O/o The National Commission For SCs, Min. of Social Justice & Empowerment,
Government of India TC 24/547(1) Opp. Thycaud HPO, Thycaud, Trivandrum- 695014,
residing at Guru Priya, ENRA 20, TC 36/663, Enjackal, Vallakkadavu P. O,
Trivandrum- 695008.
7. M.P.Sivakumar,
S/o.C.P.Sethukumar, aged 43 years, Stenographer Grade-1, Regional Passport
office, Panampillly Nagar, Cochin-36 residing at Nandanam, Nr. Yashoram Flats,
Nirappathu, Chottanikkara.p.o, Eranakulam.
Respondents:-
1. Union of India, represented by
Secretary to the Government, Department of
Personnel and Training , Ministry of Personnel and Training, Government
of India, New Delhi.110001.
2. Secretary to Government, Department
of Expenditure, Ministry of Finance,
Government of India, New Delhi- 110001.
MISCELLANEOUS
APPLICATION FOR AMENDMENT FILED UNDER RULE 12(6) OF THE CENTRAL ADMINISTRATIVE
TRIBUNAL PROCEDURE RULES 1987
Brief
facts of the case:-
1.
The
original application was filed seeking to direct the respondents to give parity
in pay to the applicants working as stenographers in various grades under
Sub-Ordinate offices with Central Secretariat Stenographers Service w.e.f 01/01/2006
and for all consequential benefits.
2.
The respondents
had filed a reply statement. The applicants in Steno-Grade-II is seeking grade
pay of Rs. 4600/- in pay band-II for getting parity with Steno-Grade-II /C in
CSSS. The Private Secretaries in subordinate offices are seeking grade pay of
Rs.4800 in Pay band II. Though, these facts are pleaded and sought parity in
pay, no specific prayer was made seeking replacement scale. It is highly
necessary to incorporate the following are in relief ii(a).
3.
The
following been incorporated as relief ii(a)
To direct the respondents
to grant parity of pay for entry level stenographers in field offices with
stenographers of CSSS by granting automatic upgradations and grade pay of Rs.
4600/- for those in Steno grade-I and grade pay of Rs. 4800/- for the Private Secretaries
with such automatic up-gradation as applicable stenographers of CSSS and grant
all consequential benefits w.e.f 1.1.2006.
.
4.
In the
above circumstances the Honourable Tribunal may be pleased to allow the above
amendment by incorporating the same as relief No.ii (a), otherwise serious
prejudice will be caused to the applicant.
Reliefs Prayed for:-
In view of the facts and
for the reasons stated above, the Miscellaneous Applicant most humbly prays
that this Honourable Tribunal may be pleased to allow the amendment by
incorporating the following as relief No, (ii)a. To direct the respondents to grant parity of
pay for entry level stenographers in field offices with stenographers of CSSS
by granting automatic upgradations and grade pay of Rs. 4600/- for those in
Steno grade-I and grade pay of Rs. 4800/- for the Private Secretaries with such
automatic up-gradation as applicable stenographers of CSSS and grant all
consequential benefits w.e.f 1.1.2006.
IN VERIFICATION
We, (1) M. Harisuthan, General Secretary, Confederation of All India
Central Govt, Stenographers Associations, S/o G. Madhavan Unnithan, aged 42
years, Steno Grade D, Stenographer O/o the Sr. Superintendent of Post, Kollam –
691001, residing at Nadukunnil, Kizhakkethil, Navaneetham, Kadika,
Kaithaparambu P. O, Enathu, Pathanamthitta- 691526. (2) ) M. Harisuthan, S/o G.
Madhavan Unnithan, aged 42 years, Steno Grade D, Stenographer O/o the Sr.
Superintendent of Post, Kollam – 691001, residing at Nadukunnil, Kizhakkethil,
Navaneetham, Kadika, Kaithaparambu P. O, Enathu, Pathanamthitta- 691526(3) P.S.
Anirudhan, S/o P. Sreedharan, aged 48 years, Stenographer Grade ‘D’, O/o The
Principal Accountant General (SGSA). Audit Bhavan, AG’s Office P. O, Statue,
M.G. Road, Thiruvananthapuram- 695001, residing at Goutham Vihar, Punukkannur,
Perumpuzha P. O, Kollam- 691504. (4) Liji S. R, D/o V. Raghunathan, aged 39
years, Stenographer Grad “D”/ GR.III, O/o The Commissioner of Central Excise
& Customs, ICE Bhavan, Press Club Road, Trivandrum- 695001, residing at
Ketharam, TC 43/666(2), NKRA- 50, Neelattinkara, Kamaleswaram, Manacaud (PO),
Trivandrum- 695009. (5) K.P. Sreenivasan, S/o Late V.K. Parameswaran, aged 46
years, Stenographer Grad “D”/ GR.III, O/o The Commissioner Income Tax
(Appeals), Aayakar Bhavan, Mananchira, Kozhikode- 673001, residing at
sreenidhi, Near Pisharikav Temple, Edakkad, PO West Hill, Kozhikode- 673005. (6)
G. Ramadas, S/o N. Gopalachar, aged 53 years, Steno Grade D, Stenographer
State, O/o The National Commission For SCs, Min. of Social Justice &
Empowerment, Government of India TC 24/547(1) Opp. Thycaud HPO, Thycaud,
Trivandrum- 695014, residing at Guru Priya, ENRA 20, TC 36/663, Enjackal,
Vallakkadavu P. O, Trivandrum- 695008., (7) M.P.Sivakumar,
S/o.C.P.Sethukumar, aged 43 years, Stenographer Grade-1, Regional
Passport office, Panampillly Nagar, Cochin-36 residing at Nandanam, Nr.
Yashoram Flats, Nirappathu, Chottanikkara.p.o, Eranakulam., do hereby verify that
the contents in the paragraphs above are true to the best of my personal
knowledge and belief and that I have not suppressed any material facts.
Place: Ernakulam
Date:
16/10/2014 1.
2. M. Harisuthan
3.
P.S. Anirudhan
4.
Liji.S.R
5.K.P.Sreenivasan
6.G.Ramadas
7. M.P.Sivakumar
Applicants
V. Sajith Kumar
Counsel for the applicant
Presented on: - 16/10/2014
BEFORE
THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH
M.A NO. OF 2014
IN
O.A. NO. 709/ 2013
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Confederation
of All India Central Govt, Stenographers Associations and Others
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Applicant
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v.
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Union of
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Respondents
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MISCELLANEOUS
APPLICATION FOR AMEDMENT
------------------------------------
V.SAJITH
KUMAR
COUNSEL FOR MISCELLANOUS APPLICANT
