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5th CPC (Report, Vol III)

REPORT OF CPC

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117 views645 pages

5th CPC (Report, Vol III)

REPORT OF CPC

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Sandeep Tiwari
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ae aT Government of India Ministry of Finance “otal Pg Coun Volume Ill Pauuary 1997 Haryana Agri Ace be 61543 | hey canary { i a “h| P rae ' ve 31. 210 Soy ju ARr(s) “Sable of Contents UMS S.NO, CHAPTER PAGE NO. VOLUME - I PART I : GENERAL INFORMATION 1, Introduction ~ 1-82 PART II: PUBLIC SERVICE MANAGEMEN SECTION I : ROLE OF PUBLIC SERVICE 2. Scope of Study 83- 88 3. Governance: A Futuristic Scenario 89- 94 4, The Changing Fact of the Central Government 95- 98 5. The Crucial Role of Public Services 99-104 SECTION II : PROMOTING EFFICIENCY IN ADMINISTRATION 6. Establishing an Efficiency Programme 105-114 7. + Re-defining Functional Goals 115-118 8. Contracting Out of Services and Privatisation ° 119-126 9. Restructuring the Government 127-136 10. Work Methods and Work Environment 137-141 11, Improving Productivity 142-145 12, Automation and Reduction of Paper Work 146-149 13, Openness. 0-153 14, Autonomy and Delegation 4-156 15. Ensuring the Right of Redress (wna inn 7-161 16. Management Information System 331.210954 In2R(5) 12-164 S.NO. CHAPTER PAGE NO. SECTION III : HUMAN RESOURCE DEVELOPMENT 17, Recruitment 165-169 18, Mobility between Government and Other Sectors 170-172 19. Need for Contractual Employment 173-176 20, Training and Development 177-181 21, Performance Appraisal 182-187 22. Promotion Policy 188-202 23, Improving the Motivation Level 203-205 24. Accountability 206-214 25. ‘Transfer Policy 215-220 SECTION IV : OPTIMISING THE SIZE OF GOVERNMENT MACHINERY 26. Size of the Employment under the Central Government 221-241 27. Workforce Size Control 242-246 28. Optimisation : The Services 247-258 29. Optimisation : The Railways 259-269 30. Optimisation : The Postal Services 270-280 31. Optimisation : The Telecommunication Services 281-289 32, Optimisation : The Central Police Organisations 290-296 33. Optimisation : Defence Services and Ordnance Factories 297-306 PART III GENERAL PRINCIPLES FOR PAY DETERMINATION SECTION I : THE BACKDROP 34, The General Economic Situation 307-317 35. Financial Resources of the Central Government 318-327 36. Comparison with Public Sector 328-361 37. Comparison with the Private Sector 362.369 38. Comparisons with State Governments 370-391 39. Remuneration in Public Services- The International Experience 392-402 SECTION Il : PRINCIPLES FOR PAY DETERMINATION 40. Pay Determination - A Conceptual Frame 403-409 41. Determination of the Minimum Salary 410-429 42, Determination of the Maximum Salary 430-448 S149 FRCS 1B §$.NO. CHAPTER PAGE, PART IV : CIVILIAN EMPLOYEES : PAY SCALES SECTION I : PAY SCALES FOR ORGANISED SERVICES AND OTHER CADRES 43. General Recommendations on Pay Structures 449 - 460 44, Classification of Services and Posts 461 - 466 45. Headquarters Organisation of the Government of Inida 467 - 495 46. Office Staff in Non-Secretariat Organisations 496 - S11 47. Alll India Services 512-523 48. Central Services Group "A’ 524-552 49. Central Services Group "B” 553 - 558 50. Engineering Services 559 - 620 51. Scientific Services 621 - 637 52. Medical and Para Medical Services 638 - 676 53. Group "D’ Staff 677 - 686 54. Workshop Staff 687-710 VOLUME ~ II PART IV : CIVILIAN EMPLOYEES: PAY SCALES SECTION II : PAY SCALES FOR COMMON CATEGORIES 55. | COMMON CATEGORIES - Accounts Staff 7-715 - Artists 715 - 716 - Canteen Staff 716-721 - Caretakers 72-725 - Cashiers 725-727 - Drivers of Motor Vehicles 27-729 - Editorial & Publication Staff 729-731 : Electronic Data Processing Staff 731-749 - Fire Fighting Staff 749 - 753 - Gardeners and Nursery Workers 754 - 758 - Gestetner Operators 758 - 760 - Laboratory Staff 760 - 762 : Language Typists 762 - 163 - Library Staff 163 - 772 : Marine Staff 12-1715 : Photographers & Cameramen 775-177 - Printing Staff 777-196 : Projectionist 197 : Publicity Staff 798 - Receptionists 798 - 800 S.NO. CHAPTER PAGENO. . Security Staff + Storekeeping Staff = Teaching Staff = Telephone & Telex Operators = Translators-cum-Interpreters (Foreign Languages) 2 Veterinary Officers and Staff SECTION II: PAY SCALES FOR OTHER POSTS IN MINISTRIES 56, 57. 58, 59. 60. 61 2. 63, 64. 65. 66. 61. 68, 69. 70. 7”. 72. B. 74, 75. 76, 7 78 79. 80, 81 82. 83. 84. 8s. 86. 87, 88, 89, 90. 91 2 v3. 94, Ministry of Agriculture Ministry of Chemicals & Fertilizers Ministry of Civil Aviation and Tourism Ministry of Civil Supplies, Consumer Affairs and Public Distribution Ministry of Coal Ministry of Commerce- Ministry of Communications Ministry of Defence Ministry of Environment & Forests Ministry of External Affairs Ministry of Finance Ministry of Food Ministry of Food Processing Industries Ministry of Health & Family Welfare Ministry of Home Affairs Ministry of Human Resource Development Ministry of Industry Ministry of Information & Broadcasting Ministry of Labour Ministry of Law, Justice & Company Affairs Ministry of Mines Ministry of Non-Conventional Energy Sources Ministry of Parliamentary Affairs Ministry of Personnel, Public Grievances & Pensions Ministry of Petroleum & Natural Gas Ministry of Planning & Programme Implementation Ministry of Power Ministry of Railways Ministry of Rural Areas & Employment Ministry of Science & Technology Ministry of Steel Ministry of Surface Transport Ministry of Textiles Ministry of Urban Affairs and Employment Ministry of Water Resources Ministry of Welfare Department of Atomic Energy Department of Electronics Department of Ocean Development iv 800 - 802 802 - 808 808 - 815 815-818 819-821 821-848 849-879 880-884 885 - 900 901 - 904 905 - 909 910-916 917-934 935 - 1019 1020 - 1037 1038 - 1046 1047 - 1103 1104 - 1108 1109 - 1117 L118 - 1143 1144-1178 1179-1207 1208 - 1227 1228 - 1261 1262 - 1271 1272-1279 1280-1291 1292 - 1293 1294 1295 - 1306 1307 1308 - 1316 1317-1319 1320 - 1402 1403 - 1408 1409 - 1423 1424 - 1426 1427 - 1444 1445 - 1449 1450 - 1466 1467 - 1479 1480 - 1483 1484 - 1488 1489 - 1492 1493 - 1494 S.NO. CHAPTER PAGE NO. 95. Department of Space 1495 - 1502 96. Cabinet Secretariat 1503 - 1504 97. President's Secretariat 1505 - 1506 98. Prime Minister's Secretariat 1507 99, Union Public Service Commission 1508 - 1511 100. Central Vigilance Commission 1512-1513 101. Election Commission of India 1514-1515 102. Indian Audit & Accounts Department 1516 - 1528 VOLUME - Ill PART IV : CIVILIAN EMPLOYEES: PAY SCALES SECTION IV : PAYSCALES FOR OFFICERS AND EMPLOYEES OF SUPREME COURT OF INDIA & HIGH COURT OF DELHI 103. Pay Scales for Officers and Employees of 1529 - 1546 the Supreme Court of India & High Court of Dethi SECTION V : PAY SCALES FOR UNION TERRITORIES 104. Pay Scales for Union Territories 1547 - 1570 PART V. CIVILIAN EMPLOYEES : ALLOWANCES AND FACILITIES 105. Compensation for Price Rise 1571 - 1578 106. | Compensatory Allowances 1579 - 1594 107. Travelling Allowance 1595 - 1604 108. Leave Travel Concession 1605 - 1608 109. Special Pay 1609 - 1613 110 Deputation (Duty) Allowance 1614-1616 111. Bonus 1617 - 1635 112. — Housing Facilities and House Rent Allowance 1636 - 1666 113, Schemes for Educational Assistance 1667 - 1669 114. Medical Facilities for Central Govt. Employees 1670 - 1685 115. General Provident Fund 1686 - 1690 116. — Central Govt. Employees’ Group Insurance Scheme 1691 - 1694 117. Leave Entitlement 1695 - 1701 118. — Hours of Work, Holidays and Overtime Allowance 1702 - 1707 119. Welfare Measures 1708-1711 120. Women Employees in Goverment 1712-1717 121. Canteen Facilities 1718-1719 122. — Uniforms and Related Allowances 1720-1721 123. Advances 1722 - 1725 124. Service Matters 1726 - 1738 125. Industrial and Non-Industrial Employees 1739 - 1742 126. Joint Consultative Machinery 1743 - 1744 S.NO. CHAPTER, PAGE NO. .RT VI. CIVILIAN EMPLOYEES ; PENSIONS AND OTHER RETIREMENT BENEFITS 127. Our Overall Strategy on Retirement Benefits 1745 - 1748 128. Age of Superannuation 1749 - 1755 129. Voluntary Retirement 1756 - 1761 130. Retirement Benefits of State Government Employees 1762 - 1766 131. Retirement Benefits in the Public Sector 1767 - 1771, 132, Retirement Benefits in Other Countries 1772-1778 133. Retirement Benefits of Civilian Employees 1779 - 1797 134, Family Pension 1798 - 1807 135. Special Benefits in Case of Death & Disability 1808 - 1818 136. Commutation of Pension 1819 - 1824 137. Pension Structure 1825 - 1839 138. Dearess Relief/Interim Relief to Pensioners 1840 - 1846 139. Pension Procedures 1847 - 1851 140. Medical and Other Facilities for Pensioners 1852 - 1860 141. Other Matters Concerning Pensioners 1861 - 1868 PART VII. ARMED FORCES PERSONNEL : PAY SCALES. AND ALLOWANCES SECTIONI: INTRODUCTION 142. Introduction 1869 - 1870 143, Role and Operating Scenario 1871 - 1874 144, Morale and Quality of Armed Forces Personnel, 1875 - 1878 SECTION II: PAY SCALES 145. Principles of Pay Determination 1879 - 1883, 146. Pay Structure - Personnel below Officer Rank 1884 - 1901 147. Pay Structure - Officers 1902-1914 148. Fixation of Pay in the Proposed Scales 1915 - 1916 SECTION III. ALLOWANCES 149, Applicability of Common Compensatory Allowances 1917-1919 to Armed Forces 150, Risk-related and Compensatory Allowances 1920 - 1935 151. Functional Related Allowances 1936 - 1937 152. Qualification Related Allowances 1938 - 1946 153. Personnel Related Allowances 1947 - 1955 154, Travel Entitlements 1956 - 1962 155. Leave Travel Concession 1963 - 1966 vi S.NO. CHAPTER PAGE NO. PART VIII: ARMED FORCES PERSONNEL : CONDITIONS OF SERVICE SECTIONI CONDITIONS OF SERVICE 156, Gallantry Awards 1967-1969 157. Conditions of Service 1970-1984 158, Entitlement of Accommodation 1985-1992 159, Schemes for Educational Assistance 1993-1995 160. Leave Entitlement 1996-2000 SECTION II PENSIONARY BENEFITS 161. General Principles for Pension Structure 2001-2004 162. Retiring Pension 2005-2009 163. Family Pensions 2010-2014 164. Disability Pensionary Awards 2015-2021 165. Past Pensioners 2022-2027 166. _Ex-servicemen 2028-2034 PARTIX CONCLUDING OBSERVATIONS AND ACKNOWLEDGEMENTS 167. Income Tax on Salaries and Pensions 2035-2037 168. Allotment of Scales not covered in the Report 2038 169. Fixation of Pay in the Revised Scales 2039-2044 170, Date of Effect & Financial Implications of Recommendations 2045-2047 171. Continuing Machinery for Pay Revision 2048-2052 172. Acknowledgements 2053-2054 APPENDICES I Summary of Recommendations 2055-2074 H.— General Questionnaire 2075-2095 TI A Short Note on Inadequacy of Data required for 2096-2100 Pay Commission Work IV. Note of Dissent 2101-2109 V. _ Rejoinder 2110-2111 VI. First Interim Report 2112-2113 VIL. Second Interim Report 2114-2132 VILL. Third Interim Report 2133-2143 IX, Errata vii 2144. Volume \I\ Part IV Civtlian Employees : Pay Seales Blessed it he who expects wothing, for he thall never be Leahbnint Pope Section \V Pay Scaler for Officers aud Employees of Supreme Cowt of Iudia aud Righ Count of Delhi 108 Pay Seales for Officers aud Employees of the Supreme Court of Judia and Wigh Qourt of Dethé Terms of Reference Constitutional Position INTRODUCTION 103.1 Our terms of reference, inter alia, required the Commission to examine the present structure of emoluments and conditions of service of officers and servants of the Supreme Court of India and High Court of Delhi. Though a similar reference was made to the Fourth CPC by adding a new sub-clause (iv) vide Resolution dated December 24, 1986, below Para 2(1) (ii) of the original Resolution, requiring the Commission to examine the structure of emoluments and conditions of service of officers and employees of the Supreme Court of India, the terms did not include the officers and employees of the High Court of Delhi, The Fourth CPC gave its report on this matter on 27th May, 1987, ‘The summary of the recommendations and conclusions of the Fourth CPC are found in Chapter 6 of Part-I ofits Report 103.2 ‘The Supreme Court is at the apex of the hierarchy of Courts in India, exercising original as well as appellate jurisdiction. As the Law Commission has observed, the Supreme Court is the highest constitutional Court ofthis land, performing a multiple role within the constitutional frame, Similarly, all the High Courts including the High Court of Delhi, are also vested with extraordinary powers under the Contstitution, both on the Original and Appellate sides, but within the jurisdiction of the concerned State or the Union Territory, as the case may be. Keeping in view the independence, importance, high status and dignity of the highest courts, the framers of the Constitution in their wisdom thought it fit that the officers and employees of the Supreme Court and the High Courts should be governed by specific provisions of the Constitution “relating to salaries, allowances, leave or pensions” and other service conditions, 1529 Article 146 Article 229 103.3 Article 146 of the Constitution which deals with matters relating to the officers and servants of the Supreme Court reads: "146. Officers and servants and the expenses of the Supreme Court: (1) Appointment of officers and servants of the Supreme Court shall be made by the Chief Justice of India or sugh other Judge or officer of the Court as he may direct: Provided that the President may by rule require that in such cases as may be specified in the rule, no person not already attached to the court shall be appointed to any office connected with the Court, save after consultation with the Union Public Service Commission. (2) Subject to the provisions of any law made by Parliament, the conditions of service of officers and servants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of India or by some other Judge or officer of the Court authorised by the Chief Justice of India to make rules for the purpose: Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President. (3) _ The administrative expenses of the Supreme Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund of India, and any fees or other moneys taken by the Court shall form part of that Fund” 103.4 Article 229 which is analogous to Article 146 deals with matters relating to officers and servants of the High Courts. It reads as follows: "229. Officers and servants and the expenses of High Court:- (1) Appointments of officers and servants of a High Court shall be made by the Chief Justice of the Court or such other Judge or officer of the Court ashe may direct: Provided that the Govemor of the State may by rule require that in such cases as may be specified in the rule no person not already attached to the Court shall be appointed to any office connected with the Court save after consultation with the State Public Service Commission. (2) Subject to the provisions of any law made by the Legislature of the State, the conditions of service of officers and servants of a High Court shall be such as may be prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the Court authorised by the Chief Justice to make rules for the purpose: 1530 Writ Petitions Jiled by the employees of Delhi High Court S1ap rere a6 2.4 Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the Governor of the State. 3) The administrative expenses of a High Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund of the State, and any fees or other moneys taken by the Court shall form part of that Fund,” 103.5 Both these Articles are intended to secure the independence of the ‘Supreme Court and the High Courts from the control of the Executive and the Legislature and they confer a relatively exclusive power not only in the matter of appointments but also in prescribing the conditions of service of officers and servants by rules to be made as contemplated under clause (2) of the relevant Articles of the Constitution. But it would be subject to the provisions of any law made by the Parliament in matters relating to the Supreme Court and by the Legislature of the State in matters relating to the High Court. The proviso to Clause (2) of both the Articles states that the rules made under clause (2) so far as they relate to salaries, allowances, leave or pensions, require the approval of the President inthe case of the Supreme Court and the Govemnor of the State concerned in the case of a High Court. The administrative expenses of both the courts including salaries and allowances and leave or pensions payable to or in respect of the officers and servants of the courts are charged upon the Consolidated Fund of India, 103.6 ‘Thus it is clear that the methodology of the fixation of the pay- scales of the officers and employees of the Supreme Court and the High Courts is distinct and independent, as constitutionally prescribed, though subject to the approval of the President or the Governor, as the case may be, vide provisos to Clauses (2) of Articles 146 and 229 of the Constitution. BACKGROUND REGARDING REVISION OF PAY STRUCTURE, 103.7 It is necessary to outline the background regarding the revision of the pay structure of officers and employees of the Supreme Court of India and the High Court of Delhi, so as to appreciate the issues involved. 103.8 Several writ petitions were filed before the Delhi High Court by various categories of its employees, namely, the Private Secretaries and Readers to the Judges, Superintendents, Senior Stenographers, Assistants, Junior Readers, Junior Stenographers, Joint Registrars, Assistant Registrars, Deputy Registrars and certain categories of Class IV employees, seeking revision of their respective pay- scales. The Delhi High Court granted the relief and revised their pay scales. With regard to certain categories of Class III and Class IV employees, the Delhi High Court while revising their pay-scales, granted them Punjab pay-scales and Central Deamess Allowance, 103.9 ‘On being aggrieved by the orders passed in the writ petitions, the Government of india filed Special Leave Petitions before the Supreme Court, which 1531 Judgement dated 25-7-86 of the Supreme Court Recommendation 1 of the Fourth crc Subsequent Developments which were summarily rejected 103.10 ‘Thereafter, the Supreme Court Employees’ Welfare Association approached the Supreme Court by filing a batch of Writ Petitions, namely, Writ Petition No.801/86 ete. etc. and several Misc. Petitions seeking higher pay scales/parity in the pay-scales with the Delhi High Court employees for the corresponding categories on the ground of ‘equal pay for equal work’ and interim orders meanwhile, The Supreme Court on 25th July, 1986 passed the following, order "By way ofan interim arrangement, pending final disposal of the wrt petition, we direct that the officers and staff of the Supreme Court Registry may be paid same pay scales and allowances which are at present being enjoyed by the officers and the members ofthe staff of the High Court of Delhi belonging to the same category with effect from the date from which such scales of pay have been allowed to the officers and the members of the staff of the High Court of Delhi, if and in so far as they are higher or better than what the officers and the members of the Registry of the Supreme Court are getting..." 103.11 By the same order, the Supreme Court directed the Respondents, namely, Union of India and Another to take steps to refer the question of revision of pay scales to the Fourth CPC as suggested by a Committee of Judges which submitted its Report in May, 1985. It was pursuant to that interim order that the matter was referred to the Fourth CPC. After the said reference, the Registry of the Supreme Court forwarded to the Fourth CPC a copy of the report of the Committee of Judges, along with copies of all interim orders passed by the Supreme Court. A team of officers of the Commission visited various sections of the Registry and spent a number of days for a proper understanding of the working of the various categories of employees and nature of their work. The Commission also had some discussion with the then Chief Justice of India and other Judges and finally submitted its report to the Ministry of Finance, Government of India, on 27th May, 1987 recommending various pay scales to different categories of officers and servants of the Supreme Court. The Commission, however, did not recommend the pay sales as granted to them by the interim orders passed on different dates to different categories of employees. 103.12 On receipt ofthe report of the Fourth CPC, the Registrar General of the Supreme Court by his letter dated July 22, 1987 addressed to the Secretary, Ministry of Finance, stated, inter-alia, that if the pay scales as proposed by the Fourth CPC were accepted and implemented, it would result in a number of anomalies and the Supreme Court would encounter some difficulties in implementing the same, He was also of the opinion that the Pay Commission should not have made any such recommendation which had the effect of reducing the pay scales than what had been granted by the Supreme Court by its interim orders. Further, it was stated by him that the Fourth CPC should not also have ‘made recommendations which had the effect of taking away the benefit accrued to other categories of employees by the Supreme Court's order dated 14th August, 1986 by which the Supreme Court had directed that some of the employees who were not covered by the earlier order would also be paid by way of an interim arrangement a sum equivalent to 10% of their basic pay, subject to a minimum of 1532 $149 FCPC96—28. Judgement dated 24-7-89 of the Supreme Court Commitiee of Judges Rs.50/- with effect from 1.1.1986, 103.13 In this connection, it may be stated that by its judgment dated 24th July, 1989, the Supreme Court directed that the status quo should be maintained until the rules fixing the salaries of the officers and servants of the Supreme Court were framed by the Hon'ble Chief Justice of India under Article 146 of the Constitution and concluded thus: “In our opinion, the Chief Justice of India is the proper authority to consider the question as to the distinctive nature and personality of the employees of the Supreme Court... The Chief Justice of India may appoint a Committee of Judges to submit a report relating to all relevant matters and, thereafter, the Chief Justice of India may frame rules after taking into consideration the report of the Committee. Itwill be absolutely in the discretion of the Chief Justice of India or his nominee as to how and in what ‘manner the rules will be framed." 103.14 The Court further directed that till the rules are framed by the Chief Justice of India, the interim orders passed in respect of the scales of pay of officers and employees of the Supreme Court should remain in force-vide Supreme Court Employees’ Welfare Association Vs. Union of India & Anr., 1989 (4) SCC 187 (hereinafter referred to as Welfare Association's case). 103.15 In pursuance of the direction given by the Court, the then Chief Justice of India referred the matter to a Commitee of Judges chaired by Hon'ble Mr, Justice MIN. Venkatachaliah (as he then was), for framing the rules fixing the pay scales of the officers and servants of the Supreme Court under Article 146 of the Constitution. The Committee after examining the issue in question opined that unless the Court vacates those interim orders and allows the Committee to exercise its own discretion, it cannot make any recommendation and suggested as follows: "(1) The Chief Justice of India can make rules under Article 146 of the Constitution of India if the limitations of interim orders are lifted by the Court on the judicial side as the judicial directions in the interim orders ‘operate to circumscribe and limit the powers of the Chief Justice of India under Article 146, (2) _ In these circumstances, the course open is to move the Court to vacate the interim order and if the interim order is vacated, the exercise of powers under Article 146 could be exercised untrampled by the conditions of the interim order.” However, the Committee taking into consideration the pay scales of various posts in the Supreme Court and their comesponding posts in the High Court, of Delhi and the scale of pay recommended by the Fourth CPC, granted the pay scales as given in Annexe-103.1 Subsequently, a number of Interlocutory Applications were filed in W.P.(C) No.801/86 by the Supreme Court Employees Welfare Association, praying thatthe staff of the Supreme Court be placed in higher scales of pay than 1533 Five Judges! Commitice Drafting of the "Supreme Court Officers and Servants (Revised Pay) Rules, 1993" Their Present Status ‘what was admissible to the corresponding staff working in the Delhi High Court. ‘The Court heard and allowed all the I.As. and by its udgement dated 16.3.1993 revised the pay scales of some of the categories of the employees of the Supreme Coust with effect from 1.1.1986. The Coust directed that "the pay scales as recommended by the Committee of Judges may be given from the month of March, 1993 by way of interim measure". Further it expressed the hope that “as regards. arrears from 1.1.1986, the Chief Justice shall pass appropriate orders" and finally made the following observation:- “Ithas been mentioned in the Report submitted by the Committee of Judges that in view of the constraints of the interim orders passed by this Court from time to time the Committee has recommended that the Chief Justice of India can make Rules under Article 146 of the Constitution of India if the limitations of the interim orders are lifted by the Court on the judicial side. We consider the appositeness of such recommendations made by the Committee. We, therefore, make it clear that the Chief Justice of india is free to make Rules in exercise of powers under Article 146 of the Constitution of India without any constraint and_ irrespective of any interim orders passed on 25.7.1986, 148.1986, 14.11.1986 and 15.1,1987." 103.16 By this judgement, the Supreme Coun also impressed the urgency for framing the rules and for fixing the salary and allowances of the officers and employees of the Supreme Court. 103.17 Pursuant to the judgement dated 16.3.1993, the Chief Justice of India framed the draft rules under Article 146 of the Constitution and forwarded it to a five-Judges Committee consisting of Justice S. Ratnavel Pandian as its ‘Chairman (now the Chairman of Fifth Central Pay Commission) and Hon'ble Justice A.M, Ahmadi (as the present leamed Chief Justice then was), Hon'ble Justice Kuldip Singh, Hon'ble Justice J.S. Verma, Hon'ble Justice P.B. Sawant as ‘its members to consider and examine the said Rules and make its recommendations in the matter. 103.18 The Committee after carefully considering the entire matter and the draft rules, by its report dated 25th August, 1993, made its recommendations, inter-alia, that the Committee was in agreement with the draft rules called "Supreme Court Oflicers and Servants (Revised Pay) Rules, 1993" framed by the Jeamed Chief Justice of India and agreed that in the events that had occurred, the Rules should come into-effect from 1.1.1986 and the said rules might also be sent to the President of India for his approval as required under Article 146(2) of the Constitution. The Committee observed in its Report that the pay scales of the staff of the Supreme Court are independent of the pay scales of any other staff of the High Court or any department of the Central Government. 103.19 Thereafter, the rules were forwarded to the President of India for approval as required under proviso to Article 146(2). We are informed that til date no order has been communicated to the Supreme Court either approving ot disapproving the rules. In the meantime, the Government of India introduced two Bills, namely, the "Salaries, Allowances, Leave and Pensions of the Officers and Servants of the Supreme Court Bill, 1994" and the "Salaries, Allowances, Leave 1534 Demands of employees ofthe Supreme Court and the Delhi High Court Present pay seales and Pensions of the Officers and Servants of the Delhi High Court Bill, 1994” in the Rajya Sabha on 19th August, 1994. We are informed that the Rajya Sabha discussed this matter in the House and referred the Bills to the Parliamentary Committee for Home Affairs for examination and report. In this context, it may be stated that we are not informed of any decision taken on these two Bills. 103.20 Various associations of the officers and staff of the Supreme Court and the High Court of Delhi have submitted their detailed memoranda to this Commission requesting that the pay structure of the employees of the Supreme Court and the High Court of Delhi may be determined based on relevant criteria, independent of the pay scales of Central Government employees, having regard to the distinct nature of work, qualifications, work-load, responsibilities, level of accountability, scale and attainments of the employees and not based on comparison by existing designation, as concluded by the five-Judges’ Committee ofthe Supreme Court in 1985. 103.21 ‘The Supreme Court Employees’ Welfare Association have made their demands for change in designations for existing categories of employees, upgradation ofthe post of junior clerk, senior clerk and assistant to Rs.1400-2300, Rs,1640-2900 and Rs.2000-3200 respectively, upgradation of the library staff, upgradation of the post of Assistant Registrar-cum-Private Secretary from Rs.3300-4800 to Rs,3500-5000 ic. equivalent to the Private Secretaries to the Secretary General, Deputy Speaker, Speaker in the Lok Sabha and Rajya Sabha and upgradation of the post of Senior Stenographer to Rs.2300-3700. Their other ‘demands include payment of fixed conveyance allowance, entertainment allowance @500/-p.m, for A.R.-cum-PS for attending to guests at the residence of Hon'ble Judges, a fixed uniform allowance to the officers as is being given to the officers of the High Court and non-practising allowance. 103.22 Delhi High Court Employees’ Welfare Association has requested for upgradation of the post of Junior Stenographer, Assistant Librarian, Assistant Registrar/PPS to Hon'ble the Chief Justice, Deputy Registrar, Joint Registrar and the Registrar. The employees of both the Courts have further requested that as they are governed by the same rules which are applicable to the corresponding categories of Central Government employees, recommendations with regard to TA, Housing facilities, HRA, CCA, medical facilities, conveyance allowance, LTC, education allowance, group insurance, age of superannuation, bonus, gratuity ete.ete, should also mutatis mutandis be made applicable to them, 103.23 The present pay scales of the officers and employees of the Supreme Court and the High Court of Delhi are given in Annexe 103.2 and 103,3 respectively. 103.24 ‘The Registry of the Supreme Court of India has forwarded to this Commission data on the establishment of the Registry of the Supreme Court together with self-contained statements indicating the qualifications, mode of recruitment, duties and responsibilities attached to various categories of posts, job contents of the various categories, a copy of the Supreme Court officers and Servants(conditions of service and conduct) Rules, 1961 (as amended upto 16th December, 1985) and Manual of Office Procedure on the administrative side and various Judges' Committees Reports inclusive of the five-Judges' Committee Report of 1993 which was headed by Justice S, Ratnavel Pandian 1535 Pay scales of various posts in Delhi High Court Nomenclature of posts Existing Committe for recommending payscales for certain categories of employees of the Delhi High Court Position in respect of interim reliefs recommended by the Sth CPC Commission's meeting with the Hon'ble Chief Justice View Point ofthe ShCPC 103,25 We are now informed that the pay scales of various posts on the establishment of the High Court have been revised from time to time by the judicial verdicts given in wrt petitions filed by the staff of that Court. An amended First Schedule to the Delhi High Court Officers and Servants (Salaries, Leave and Pension) Rules, 1970 has been sent to the Administrator of the Union Territory of Delhi on 7.9.1992 for necessary approval and the same is still under consideration. 103,26 ‘The Registry of the High Court has brought to our notice that on a joint representation made by the nominees/representatives of the staff of the High Court, the Chief Justice of Delhi High Court has changed the nomenclature of the existing posts on the establishment of the High Court and a letter to that effect has been forwarded for obtaining approval of the Lt. Govemor of Delhi for making amendment in the First Schedule of the aforesaid Rules,1970 103.27 ‘We are further informed that pursuant to the judgement dated 2nd May 1996 of the Supreme Court in Civil Appeal Nos. 4232-4236/95 etc., Hon'ble the Chief Justice of Delhi High Court had constituted a Committee to consider th ‘entitlement of the pay scales of the posts of Assistant, Senior Stenographer, Librarian, Daftries, Book Binder, Usher and Peon etc. on the establishment of that Court and after taking into consideration the report of the Committee, the Chief Justice of Delhi High Court has recommended the various pay scales of these categories and the recommendations of the Chief Justice along with a copy of the Judges Committee has been forwarded to the Government on 30th September 1996 for necessary sanction w.e£. 11.1986 which is still pending. 103,28 It would be apposite to mention in this connection that we have forwarded to the Chief Justice of India and the Chief Justice of the High Court of Delhi the copies of our Interim Reports granting interim relief to the Central Government employees, which have been accepted and implemented in toto by the concerned Chief Justices. 103.29 ‘The Commission had the benefit of meeting the Hon'ble Shri AM. Ahmadi , the Chief Justice of India and a meeting of the Chairman and Shri M. Jagannatha Rao, Chief Justice of the High Court of Delhi took place on ‘tvo occasions and detailed discussions were made with both the Chief Justices in respect of the terms made by the Government relating to the officers and ‘employees of both the Courts vis-a-vis the constitutional provisions and the judicial pronouncements of the highest courts. OUR VIEWS 103.30 ‘We think that it is not mecessary to go into the comparability and relativity of the service conditions and pay scales of the employees of both the Courts with those of the Central Government employees and make recommendations within the terms of reference since this Commission feels that it would be quite inappropriate for reasons to be mentioned hereinafter, to make any recommendations as asked for. ‘The reasons are:~ 1536 @ ‘The appointments and the conditions of service including the ‘matters relating to salaries, allowances, leave or pensions of the officers and servants of the Supreme Court and the High Courts are governed by specific Articles 146 and 229 of the Constitution. @ In Civil Appeal No.6020 of 1994 Union of India & Ors. Vs. Pratibha Bonnerjea & Anr. Judgement Today 1995 (8) SC 357, the leaned Chief Justice of India, Shri A.M. Ahmadi speaking for the Bench has observed: "onan That is why not only Judges but even the staff members are insulated from executive influence. Article 229 clearly provides that appointments of Officers and servants of a High Court shall bbe made by the Chief Justice of the Court or such other Judge or officer as he may direet. Even the conditions of service of officers and servants shall be such as may be prescribed by the Chief Justice or his nominee authorised by him to make rules; the approval of the Governor is necessary only if the rules relate to salaries, allowances, leave or pension. This provision also shows that officers and servants of the High Court are also under the exclusive control of the Chief Justice and not the Government..." @) In Civil Appeal No.4232/4236 of 1995 ete. Union of India & Ors. Vs. Amrik Singh & Ors., a Division Bench of Supreme Court consisting of Honbble Justice Kuldip Singh and Hon'ble Justice N. Venkatachala on 2nd May 1995 has made the following observation: "sane Weare of the view that the matter regarding the fixation of pay scales of the employees of the Delhi High Court should be considered and decided by the Chief Justice of the High Court..." Oy The Chief Justice ofthe Delhi High Court while expressing his views on the questionnaire sent from this Commission has stated, "The members of the High Court staff cannot be placed at par with the members of the staff working in other Departments." ©) The text and tenor of the letter addressed to the Member Secretary of the Commission by the High Court stating that in view of the provisions of Article 229 of the Constitution, the report of the Commission would be subject to certain conditions, spell out the exclusive authority of the Chief Justice in the matter of fixation of pay scales of his employees. One of the conditions reads thus: 0) That the recommendations would be submitted to the Chief Justice, Delhi High Court who may or may not accept them or may take such modifications as may be deemed proper." © Since the Parliament seems to have not made any law relating to the conditions of service of the employees of the Supreme Court, the Chief Justice of India had framed the rules called "Supreme Court Officers and Servants Revised Pay) Rules, 1993 with the aid and assistance of a committee of five senior 1537 Observations of senior most Judges of the Supreme Court (Chamred by Justice S. Ratnavel Pandian, presently Chairman of the Fifth CPC) in exercise of the authority conferred on him under Article 146(2). The said Rules are stated to be forwarded to the President for necessary approval. Similarly, the Chief Justice of the High Court of Delhi pursuant to certain judicial verdicts, made some amendments to the First Schedule of the Delht High Court Officers and Servants (Salaries, Leave and Pensions) Rules, 1970 in exercise of his constitutional authority under Article 229(2) and sent the same to the Lt. Governor of Delhi on 7.9,1992 for necessary approval to carry out the amendment in the rules. Further, pursuant to the judgement of the Supreme Court dated 2nd May 1995 (supra), the High Court of Delhi has forwarded the recommendations of the Chief Justice of Delhi High Court for necessary approval, But tll date, we are not mformed of the approval or otherwise of these rules by the concemed constitutional Heads as required by proviso to Clause (2) of Article 146 and proviso to Clause (2) of Article 229. a Since the rules of 1993 forwarded by the Supreme Court to the President of India and the amendment to the rules of 1970 and the recommendations of the Chief Justice of Delhi High Court which have been forwarded to the Lt. Governor by the High Court are pending approval before the constitutional Heads, it would be quite inappropriate for this Commission to make any recommendations prescribing the scrvice conditions including the matters relating to salaries etc., which would be tantamount to prejudging the final decision to be taken by the Constitutional Heads relating to the rules framed by the Supreme Court and the High Court. Further, as ruled by the Supreme Court in Welfare Association's case (supra), rules framed by the Chief Justice of India relating to salaries, allowances, leave and pension will not have any effect only "if the President of India does not approve of the salaries, allowances, leave or pensions" and "what should go to the President of India for his approval under proviso to Article 146 is not the report or the recommendations of the Pay Commission but the rules framed by the Chief Justice of India". It therefore necessarily follows that only in case the approval is not granted by the Constitutional Heads, the recommendations of this Commission, if at all, will be only of some assistance to the Chief Justices for framing the Rules with regard to the service conditions of Court employees. (8) The Supreme Court, in fact, in the Welfare Association's case expressed its view regarding the question of reference to the Central Pay Commission, stating "If we are to go strictly by Article 146(2) of the Constitution, the question of any reference to the Pay Commission does not arise. The Chief Justice of India has to frame rules with the aid and assistance of his own officers and other Judges..." In considering the rules framed by the Chief Justice of India relating to salaries, allowances, leave and pensions, “it will not be the concer of the President of India how and in what manner the Chief Justice of India has laid down the rules" and further opined that the ‘rules framed by the Chief Justice of India should normally be accepted by the Government... ® The pay scales prescribed by the Supreme Court and the High Court of Delhi are fully supported by various decisions of the highest courts of this, land, : 103.31 Therefore, in the light of the above legal position as ‘heChairman ef pronounced by the Supreme Court in the Welfare Association's case, which was 1538 the Sth CPC Recommen- dations decided after submission of the report of the 4th CPC relating to employees of the Supreme Court and in view of the fact that the present Chairman of this Commission (Justice S, Ratnavel Pandian) had already agreed with the Rules of 1993 framed by the Chief Justice of India prescribing the service conditions inclusive of the matter relating to salaries, allowances, leave or pensions, it would bbe quite improper for this Commission to examine the present structure of emoluments of officers and employees of the Supreme Court of India and the High Court of Delhi and suggest any recommendation therefor. Further, the Chairman of this Commission strongly feels that he will not be justified in examining the service conditions of officers and employees of the Supreme Court in relation to the structure of emoluments and that any such exercise in this regard would be tantamount to reviewing his earlier opinion expressed along with the other members of Five-Judges Committee of the Supreme Court (referred to above) while agreeing with the Chief Justice of India in framing the Supreme Court Officers and Servants (Revised Pay) Rules, 1993. CONCLUSION 103.32 In view of the above discussion, we would like to sum up ‘our recommendations as under:~ a) The entire question of conditions of service, including pay scales, allowances, ete. of the officers and employees of the Supreme Court of India and the High Court of Delhi has to be decided in the manner laid down in the Constitution of India, as interpreted in the various judgements of the highest court in the land, b) The Fifth Pay Commission finds itself unable to make any recommendations whatsoever for the offiéers and employees of the Supreme Court of India and High Court of Delhi. 9 However, we have made our detailed recommendations on pay scales, allowances, pensions, ete. with regard to different categories of Central Government employees, We would be happy if these recommendations are of any assistance to the Hon'ble Chief Justice of India and the Hon'ble Chief Justice of the Delhi High Court, as a background material for basing their own decisions Before we close this discussion, we would like to conclude with one last respectful submission. In case the Hon'ble Courts decide to grant pay scales, allowances, etc. to their own employees that are at variance with the pay scales, allowances, etc. of Central Government employees on the ground that their qualifications, duties and responsibilities are different, they may, if they so desire, modify the designations of such posts to make these different from the designations used in the Central Government so as to avoid any confusion in the future. 1539 ANNEXE-103.1 STATEI SHOWING THE PAY SCALES FOR VARIOUS POSTS IN THE SUPREME COURT AND THEIR CORRESPONDING POST IN THE HIGH COURT OF DELHI Sl Nameof — Scale of pay Corresponding Scale of Scale No. Post. ‘as recommended post in the payin recommend by Fourth CPC High Court of the Delhi bythe Delhi High Committee Court L 2. 3. 4. 5. 6. (Rs) . (Rs) (Rs) L Registrar 8000/-(fixed) 7 7 8000(Fixed) General 2. Registrar 7300-7600 Registrar 7 5900-6700 7300-7600 3. Addl. 5900-6700 ve : §900-6700 Registrar 4. Joint 4500-5700 IJtRegistrar 4500-5700 4500-5700 Registrar 5. Deputy 3700-5000 Dy.Registrar 3700-5000 3700-5000 Registrar 6. Editor, 3700-5000 - - 3700-5000 S.C. Rs. 7. Director 3700-5000 - . 3700-5000 (Library) 8. Assistant 3000-4500 Astt.Registrar 3000-4500 3300-4800 Registrar 9. PPS to 3000-4500 PPS-Cum-Asstt.3000-4500 3300-4800 cn Registrar 10. Assistant 3000-4500 - - 3300-4800 Editor,SCR ll. Chief : 3000-4500 : : 3300-4800 Librarian 1540 Name of Scale of pay ‘Corresponding Scale of Scale Post as recommended post in the pay in recommend by Fourth CPC High Court of the Delhi bythe Delhi High Committee Court L 2. 3. 4. 5. 6. 12. AR-Cum- 3000-4500 PS 3000-4500 3300-4800 PS toCII 13. AR-Cum- 3000-4500 PS 3000-4500 3300-4800 PS to Judge 14 AR-Cum- 3000-4500 - - 3300-4800 PS to Regr. General 15, Section 2300-3700 Supdt. 3000-4500 3000-4500 Officer 16. Librarian ——_-2300-3700 Librarian 2000-3500 3000-4500 17, Court 2300-3700 Court Master 3000-4500 3000-4500 Master 18. PS to 2300-3700 : 7 2300-3700 Registrar 19. PAto 2000-3500 : = 2000-3500 Addl Registrar 20. Sr-Asstt. 2300-3700 - - 3000-4500 Librarian 21. Account 1640-2900 SAS Accountant 1640-2900 1640-2900 ant. 22. Assistant 1640-2900 Assistant 1640-2900 1640-2900 23. Court 1640-2900 Assistant 1640-2900 1640-2900 Associate 24. Editor of 1640-2900 Assistant 1640-2900 1640-2900 Paper Books 28. Cashier 1640-2900 Treasurer —-—«*1400-2300 1640-2900 1841 SI Nameof Scale of pay Corresponding Scale of Scale No. Post as recommended post in the pay in recommend By Fourth CPC High Court of the Delhi by the Delhi High Committee Court 12 3. 4. 3 6 26. Proof 1400-2600 ‘Ir-Translator 1400-2300 1400-2600 Reader and Proof Reader 27. Steno- 1640-2900 Sr-Steno- 2000-3200 2000-3200 grapher grapher 28. Assistant 1640-2900 Assistant 1350-2200 1640-2900 Librarian Librarian 29, Caretaker «1400-2300 Caretaker 550-900 1400-2300 (pre-revised) 30. Sr.Clerk 1400-2300 UDC. 1400-2300 1400-2300 31, Jr-Steno- 1200-2040 Ir.Steno- 425-700 1400-2300 ‘grapher grapher (in terms of Court's order) 32. Jr-Clerk 1200-2040 LDC. 1350-2200 1350-2200 33. Chauffeur 950-1500 ‘Staff’ Car 1350-2200 1350-2200 Driver 34. Sr.Gest, 950-1500 Sr.Gest. 1350-2200 1350-2200 Operator Operator 35. Despatch 950-1500 Despatch 1350-2200 1350-2200 Rider Rider 36, Senior 950-1500 , Restorer 1350-2200 1350-2200 Library Attendant 37. Record 950-1500 - 1350-2200 Keeper 1542 SL Name of Scale of pay Corresponding Scale of Scale No. Post as recornmended post in the pay in recommend. By Fourth CPC High Court of the Delhi by the Delhi High Committee Court 1 2. 3. 4. 5. 6. 38. Record 800-1150 : : 1200-2040 Sorter 39. Junior 800-1150 : : 1200-2040 Library Attendant 40. Jr.Gest. 800-1150 Jr Gest. 975-1660 1200-2040 Operator Operator 41. Daftry 775-1025 Daftry 975-1660 1000-1750 42, Jamadar 975-1025 Jamadar 975-1660 1000-1750 43. Peon 750-940 Peon 975-1660 975-1660 44, Farash 750-940 Farash 975-1660 975-1660 45.__Safaiwala __750-940 Sweeper 975-1660 975-1660 1543 ANNEXE02 STATEMENT SHOWING PAY SCALES IN SUPREME COURT AS ON 31-3-94. Si Name of the post Pay Scale No, 1. Court Administrator-cum-Registrar General 8000/- (fixed) 2, Registrar 7300-7600 3. Additional Registrar 5900-6700 4 Joint Registrar 4500-5700 5. Deputy Registrar 3700-5000 6. Editor, Supreme Court Reports 3700-5000 7. Director (Library) 3700-5000 8 Assistant Registrar 3300-4800 9, PPS to Hon'ble Chief Justice of India 3300-4800 10. Assistant Editor, Supreme Court Reports 3300-4800 11. Chief Librarian 3300-4800 12. Assistant Registrar-cum-Private Secretary 3300-4800 to Hon'ble Chief Justice of India 13 Assistant Registrar-cum-Private Secretary 3300-4800 to Hon'ble Judges 14. Assistant Registrar-cum-Private Secretary 3300-4800 to Registrar General 15. Section Officer 3000-4500 16, Court Master (Shorthand) 3000-4500 17. Court Master (Non-Shorthand) 3000-4500 18. Librarian 3000-4500 19, Private Secretary to Registrar 3000-4500 20. PA to Additional Registrar 2000-3500 21 Assistant Accounts Officer 2000-3200 (Concurrent Audit) 22. Senior Assistant Librarian 3000-4500 23. Accountant 1640-2900 24. Court Associate 1640-2900 25. Assistant 1640-2900 26. Editor of Paper Books 1640-2900 27. Cashier 1640-2900 28. Proof Reader 1400-2600 29. Assistant Librarian 1640-2900 30 Care Taker 1400-2300 31. Stenographer 2000-3200 32. Junior Stenographer 1400-2300 33. Senior Clerk 1400-2300 34, Junior Clerk 1350-2200 35. Chauffeurs 1350-2220 36. Senior Gestetnor Operator 1350-2200 1544 SI Name of the post Pay Scale No. 37. Senior Library Attendant 1350-2200 38. Despatch Rider 1350-2200 39, Record Keeper 1350-2200 40. Junior Gestetnor Operator 1200-2040 41, Junior Library Attendant 1200-2040 42. Record Sorter 1200-2040 43. Daftary 1000-1750 44, Jamadar 1000-1750 45. Peon 975-1660 46. Farash 975-1660 47__ Safaiwala 975-1660, 1545 STATEMENT INDICATING PAY SCALES IN DELHI HIGH COURT w.e.f.. ANNEXE-103.3 86 Si. Name of the post Pay Scale No. (Rs.) 1. 2. 3. 1. Registrar 5900-6700 2. Joint Registrar 4500-5700 3. Deputy Registrar 3700-5000 4. PPS-cum-Assistant Registrar 3000-4500 5. Assistant Registrar 3000-4500 6. Accounts Officer 3000-4500 7. ‘Superintendent 3000-4500 8. Court Master 3000-4500 9. Private Secretary 3000-4500 10. Librarian 2000-3500 11, SAS Accountant 1640-2900 12. Assistant 1640-2900 13, Senior Translator 1640-2900 14. Junior Reader 1640-2900 15. P.A.to Registrar 2000-3200 16, Senior Stenographer 2000-3200 17. Assistant Librarian 1350-2200 18 Treasurer 1400-2300 19. Care Taker i) 1350-2200 ii) Yet to be revised (when filled from cadres of Assistant in Delhi High Court) 20, Upper Division Clerk 1400-2300 21. Junior Translator and Proof Reader 1400-2300 22. PA to Deputy Registrar 1400-2300 23. Junior Stenographer 1400-2300 24. Lower Division Clerk 1350-2200 25. Restorer 1350-2200 26, Staff Car Driver 1350-2200 27. Despatch Van Driver (Rider) 1350-2200 28. Despatch Rider 1350-2200 29. Senior Gestetnor Operator 1350-2200 30. Junior Gestetnor Operator 975-1660 31. Daftry 975-1660 32. Book Binder 975-1660 33. Usher 975-1660 34. Peon 975-1660 35. Farash 975-160 36. Chowkidar 975-1660 37. Sweeper 975-1660 38. Mali 975-1660 1546 Section \J Pay Seales for Union Territories snag FCPC96—3 104 Pay Sealee for Union Jernitorier Introduction Posts in Chandigarh Distribution of posts 104.1 Presently there are seven Union Territories specified in the First Schedule of the Constitution. These include Andaman and Nicobar Islands, Chandigarh, Dadra And Nagar Haveli, Daman and Diu, Lakshadweep, Pondicherry and National Capital of Territory of Delhi 104.2 Alll the posts in Chandigarh administration are filled on deputation from amongst officials of the state governments of Haryana and Punjab, with senior level posts being filled from amongst IAS and IPS officers of the AGMUT cadre. The state government officials posted in Chandigarh administration are entitled to deputation allowance, The existing set up in Chandigarh has functioned quite effectively and no changes are necessary therein. Accordingly, we have not made any recommendation in case of Chandigarh. 1043 Persons holding various public posts in these Union Territories are employees of the central government. The group-wise distribution of posts in the various unions territories is as indicated below:- Union GRouP Territories a BOG D Total ‘Andaman and Nicobar Islands 330 556 12276 9512 22674 Dada and Nagar Haveli 4 472,100 3292550 Deman and Diu 87 108851 TIS 2.757 Lakshadweep S487 287715194637 NCT of Delhi 1532 3,875 99426 6,055 1,10.888 Pondicherry 1076 GH 142367,518 23,471 Grand Total 3183 5,410 132,766 25,648 1,66977 104.4 Till 1968, the pay scales and allowances of employees of UT were linked with neighbouring tates. Thereafter the policy was changed and presently the 1547 Medical Allowance Diet Allowance Washing Allowance Secretartat Staff pay and allowances of UT employees are by and large on the pattem of Central Government employees. We are of the view that such parity is justified and accordingly have tried to give comparable pay scales to similarly placed posts in the UTS and the Central Government. However for certain fields posts in the UTs, no analogous posts exist in the Central Government. As far as possible we have linked the pay scales of such posts with those of the neighbouring states. 104.5 We have received numerous demands secking, parity in pay scales with similarly designated posts in the Central Government or other union territories. While we have tried to extend identical pay scales to all similarly posts in different union territories, this has not always been possible as frequently the qualifications or the level of duties and responsibilities attached to these posts are different. COMMON CATEGORIES AND ALLOWANCES 104.6 Elsewhere in the report, we have recommended enhancement of rate of medical allowance to Rs.100 per month. This may be extended to all the government employees of different union territories, who are not covered by CGHS facilities. 104.7 Presently non-gazetted Delhi Police personnel are entitled to a diet allowance on days when they have to be on continuous duty of more than 9 hours. ‘We have separately recommended that this allowance may be given @ Rs.20 per day for a maximum of 60 days in a year. This allowance may be extended to all the non-gazetted police personnel of other union territories also, 1048 Elsewhere in the report we have recommended revision of the rates of washing allowance from the existing Rs.5 per month to Rs.30 per month. This ‘may be extended to Police personnel in all UTs, Our general recommendations on the uniform and washing allowance will equally apply to all the nursing staff in different union territories. 1049 Presently secretariats of various union territories follow different patterns of pay scales and designations. We are of the considered view that with the possible exception of NCT of Delhi, all the posts in scéretariats of other union territories should follow a uniform pattern, Elsewhere in the report we have recommended the hierarchical pattern for ministerial staff working in subordinate and attached offices. A similar structure also needs to be introduced in the secretariats of all Union Territories. Accordingly we recommend that following, changes may be effected in the e pay scales of various posts in the respective secretariats of the union territorie + The pay scale of a LDC may be retained at the existing level of Rs.950-1500. = Thepay scale of the post of UDC may be upgraded to Rs.1320- 2040. - The scale of pay of Head Clerk/ Assistant and other similarly placed posts may be raised to Rs.1600-2660. 1548 Forest Staff All Superintendent may be placed in the scale of Rs.1640-2900. This would entail upgradation of Superintendents in Lakshadweep who are presently in the scale of Rs.1400-2300, 104.10 The present pay scales and designations of different categories of Forest Staff in various union territories are as follows: Designation Scale of Pay Assistant Conservator of Forests Rs,2000-3500 Assistant Forest Officer** Rs,2000-3500 Senior Forest Ranger** Rs.1640-2900 Range Officer Rs.1400-2300 Deputy Ranger Rs.1200-1800 Forester Rs. 950-1400 Forest Guard Rs, 775-1025 Forest Protection Force Rs. 775-1025 ‘Available only in the National Capital Territory of Delhi. ‘The administrative ministry has recommended parity in the pay scales of these posts with those of comparable posts in the police and revenue departments. Pay scales of comparable posts in the Forest Departments of many state governments like Assam, Haryana, Himachal Pradesh and Punjab are in higher scales of pay. Group 'B' Gazetted status has also been conferred on the Forest Rangers in Himachal Pradesh, Nagaland, Maharashtra and Orissa, We also notice that the duties and responsibilities of forest staf are broadly comparable with those of police personnel. Apart from the functions of protecting and conserving the environment, forest personnel also have powers of apprehension and arrest of poachers and trespassers, service of summons, execution of warrarits, ete, In our view, parity with police personnel is, therefore, not unjustified. In view of this, we recommend that:~ - the posts of Forest Guards and Forest Protection Force, both of which are presently in the scale of pay of Rs.775-1025, may be merged and upgraded at par with a police constable in the scale of Rs.825-1200 with two advance increments at the time of initial appointment. Simultaneously, the qualification prescribed for the posts may also be enhanced to matriculation, on par with that of constables. = twelve and a half percent ofthe total number of existing posts of Forest Guards and Forest Protection Force in all the union territories may be upgraded to those of Head Forest Guards and placed in the seale of Rs.975-1660 at par with a head constable. - the post of Forester, the education qualification for which is similar to that prescribed for the post of Assistant Sub-Inspector (SSC or equivalent), may be placed in the scale of pay of Rs.1320-2040, 1549 Fire Staff a post corresponding to that of Deputy Ranger does not exist in the police department. In the context of the proposals to equate the lower posts of forest staff to police personnel and in order to maintain vertical relativities this post may be placed in the scale of Rs,1600-2660, three posts of Senior Forest Ranger (Rs.1640-2900) above that of the Deputy Ranger exist only in Delhi, in addition to the posts of Range Officer (Forest Ranger), whereas all other union territories have only posts of Range Officers in a lower pay scale (Rs.1400-2300). The duties and responsibilities of these two posts are identical. Besides, given the fact that forest resources are not in abundance in the National Capital Territory, there is, prima facie, no justification for having posts in a higher scale in Delhi alone. The educational quali ition (graduation) prescribed for the posts is identical to that of a Sub Inspector of Police. The posts of Range Officer (Forest Ranger) and Senior Forest Ranger may, therefore, be merged and placed in the scale of pay of Rs.1640-2900 on par with the post of Sub- Inspector of Police. ten percent of the existing posts of Assistant Conservator of Forest may be placed in a higher scale of Rs.2500-4000 to provide promotion avenues and designated as Assistant Conservator of Forest, Grade I, the existing posts in the lower scale being simultaneously redesignated as Assistant Conservator of Forest, Grade II. The designation of the post in Delhi may also be changed from Assistant Forest Officer to Assistant Conservator of Forest, Grade Ul, to ensure uniformity in designations. 104,11 Presently, Fire fighting personnel in various union territories follow different hierarchical patterns. Pay scales of fire staff in Delhi and Andaman and Nicobar Islands are relatively higher. Higher scales for fire staff of Delhi are justified on account of more strenuous nature of their duties. In Andaman and ‘Nicobar Islands, Fire Brigade forms a part of the Police Department and functions ‘under the supervision and control of an officer of the rank of Sub Inspector with the necessary mumber of Assistant Sub Inspectors, Head Constables, Lance Head Constables and Constables trained in fire fighting. ‘This set-up has worked efficiently and we do not intend disturbing it. Some restructuring, however, is required in the fire departments of all union territories other than Delhi and Andaman and Nicobar Islands, Accordingly, we recommend that fire departments of these union territories may be restructured as under:- 1550 Medical, Para- medical and Veterinary Staff Teaching Staff Tehsildars and Deputy Tehsildars Drivers and Despatch Riders Designation Pay scale Divisional Fire Officer Rs.2200-4060 Dy. Divisional Fire Officer Rs.2000-3500 Asstt. Divisional Fire Rs.1600-2660 Officer Station Officer Rs.1320-2040 Leading Fireman Rs. 950-1500 Fireman Rs, 775-1025 Scales of PC Driver/Constable Driver will remain unchanged at Rs.950-1500, We also clarify that in cases where the pay scale is getting rationalised at a lower level in the new dispensation, the present salary of the existing incumbents may be protected by grant of personal pay. 104.12 Elsewhere inthe report, we have made general recommendations for the common categories of medical, paramedical and veterinary staff. ‘These recommendations will, mutatis-mutandis, be applicable in case of all the union territories also. * 104.13 ‘We have separately recommended a common pay structure for the general category of teaching staff. While in the forthcoming paragraphs we have given recommendations in respect of specific categories of teaching staff of individual union territories, however, the common pay structure recommended by us for the general category of teaching staff shall be fully applicable in respect of different categories of teaching staff in all the union territories. 104.14 Presently, posts of Tehsildars and Deputy Tehsildars in different union territories are in the respective pay scales of Rs. 1640-2900 and Rs. 1400-2300. Tehsildar is a Group B Gazetted post, recruitment to which is made through promotion, failing which by transfer on deputation. Deputy Tehsildars with 5 years regular service in the grade and who have passed the prescribed Departmental Tests, are eligible for promotion as Tehsildars. Duties of Tehsildars, apart from land revenue functions, also include excise inspection and raids, controlling situations during natural calamities, accidents, et., poll duties, along with attending to law and order problems. Deputy Tehsildar is a Group C post which is filled 75% by promotion and 25% by direct recruitment. Essential qualification for direct recruitment is graduation, Revenue Inspectors and Settlement Revenue Inspectors with 5 years of service in the post are eligible for promotion as Deputy Tehsildar provided they have qualified in the departmental examinations. Their duties include assisting Tehsildar and inspecting the offices of functionaries working under them. On account oftheir duties and minimum qualifications prescribed, we are of the view that these posts deserve a higher pay scale. Accordingly, we recommend that Tehsildars and Dy. Tchsildars of all UTs may be placed in the respective pay scales of Rs.2000-3500 and Rs.1600-2660. 104.15 We have separately recommended a 3 grade structure for drivers and despatch riders in the scales of Rs.950-1500, Rs.1320-2040 and Rs,1400-2300, This 1551 Janior Engineers Laboratory ‘Attendants Island Special Allowance and Special Compensatory Allowance Se. Officer Veterinary structure may also be extended to the drivers and Despatch Riders of all the union territories. 104.16 Presently, Junior Engineers in various Departments of all union territories are recruited in different pay scales. We have separately recommended the scale of Rs.1600-2660 along with ACP scales of Rs. 1640-2900 and Rs.2000-3500 for all Junior Engineers with three years diploma. These recommendations may be extended to all the Junior Engineers with similar qualifications who are working in different departments of union territories. 104.17 We have noticed that in many departments of different UTs, the post of Laboratory Attendant carrying the minimum qualification of 8th pass with experience exists in the pay scale of Rs.800-1150. We have separately recommended that all Laboratory Attendants not possessing the qualification of 10+2 along with a certificate in laboratory work, may be placed in the scale of Rs.750-940 with ACP scales of Rs.775-1025 and Rs.800-1150. Accordingly, we recommend that all Laboratory Attendants working in various departments of different UTs who do not posses a 10+2 degree and certificate in laboratory work may be placed in the pay scale of Rs.750-940 with ACP scales of Rs.775-1025 and Rs.800-1150. The emoluments of existing personnel manning these posts may, however, be protected by treating the higher scale as personal to them. Andavva aud Niecbar Jolande GENERAL 104.18 Employees posted in the A&N Islands with all India transfer liability are entitled to an island special allowance @ 12.5 % of the basic pay, subject to a maximum of Rs, 1000. Apart from island special allowance, all employees are also entitled to special compensatory allowance. At present, special compensatory allowance at varying rates is paid to employees posted in different regions of the AQN Islands, Rates of these allowances have remained unchanged since the recommendations of the Fourth Pay Commission and thus need to be revised, Accordingly we recommend that special compensatory allowance may be paid at double the existing rates. Island Special Allowance may continue to be paid @ 12.5% of the revised basic pay without any upper ceiling. We further recommend that employees eligible for island special allowance should not be paid special compensatory allowance as no justification exists for paying two different allowances to compensate a person for a particular posting. DIRECTORATE OF ANIMAL HUSBANDRY AND VETERINARY SERVICES 104.19 A single, isolated post of Senior Veterinary Officer exists in the pay scale of Rs.2200-4000, We recommend that this post may be treated as ex- cadre post of the Central Veterinary Service to be filled on deputation by members of Central Veterinary Service. 1552 DIRECTORATE OF FISHERIES Fishertes 10420 Fisheries Development Officers/ Assistant Directors in the pay scale Development Officer/Assisiant Directors Surveyors Plant Operator. ‘cun-Mechanic Assistant Town Planners ‘of Rs.2000-3500 are eligible for promotion to the post of Director carrying the scale of Rs.3000-4500. We recommend that 50% of the existing posts of Fisher Development Officers/Asstt. Directors may be redesignated as Fisheries Development Officer Grade I/ Dy. Director and upgraded to the scale of Rs.2500-4000. The remaining posts of Fisheries Development Officers in the scale of Rs.2000-3500 may be redesignated as Fisheries Development Officer Grade I. Fisheries Development Officers Grade II and Assistant Directors will be eligible for promotion as Fisheries Development Officer, Grade I/Dy. ‘ector after 3 years service, who then would be eligible for promotion as Director on completion of 4 years service in the scale of Rs.2500-4000, 104.21 Presently, there are two posts of Surveyors in the pay scale of Rs.1200-2040. No promotion avenues are available to the incumbents of this post. Accordingly, we recommend that the following 3-grade structure may be extended to them:- SurveyorsGr.M Rs.1200-2040 (entry scale) Surveyors Gr.II - Rs.1400-2300 Surveyors Gr. I : Rs.1600-2660 104.22 Presently, Plant Operator-cum-Mechanic working in the Fisheries Department of Andaman and Nicobar Islands are placed in a lower pay scale vis-a- vis their counterparts in Lakshadweep. We are inclined to give them a pay scale on par with their collegues in Lakshadweep, as the nature of duties and minimum qualifications prescribed are identical in both the cases. Accordingly we recommend that the pay scale of Plant Operator-cum-Mechanic in the fisheries department of Andaman And Nicobar Islands may be upgraded to the scale of Rs.1320-2040. PUBLIC WORKS DEPARTMENT 104.23 Presently, Assistant Town Planners with 8 years’ service in the existing pay scale of Rs 2000-3500 are eligible for promotion to the post of Associate Town Planner in the pay scale of Rs.3000-4500. We recommend that one of the existing post of Assistant Town Planner may be redesignated as Assistant Town Planner, Grade I and placed in the scale of Rs.2500-4000, Remaining posts of Assistant Town Planner should be redesignated as Assistant Town Planner, Grade Il. Assistant Town Planners, Grade II with 4 years' service in the grade will be eligible for promotion as Assistant Town Planner Grade I who, after putting in 4 years’ service in the grade shall be eligible for promotion as Associate Town Planner in the scale of Rs.3000-4500. 1553 Assistant Shed ‘Masters and Shed Masters Overseers Gate Keepers Peripatetic Teachers 104.24 ‘The post of Assistant Shod Master in the Shipping Godown of the Port Management Board presently exists in the pay scale of Rs 1200-2040 This post is ‘a promotion post for Tally Clerks who incidentally are also in an identical pay scale. ‘While Tally Clerks as well as Assistant Shed Master are eligible for promotion to the post of Shed Master in the pay scale of Rs.1400-2300, the years of service prescribed for this promotion in case of Assistant Shed Master is 5 years as compared to 15 ‘years inthe case of Tally Clerks. In order to streamline the hierarchical pattern ‘of the organisation, we recommend that posts of Assistant Shed Master may be upgraded to the scale of Rs. 1400-2300. Simultaneously, Shed Masters may be placed in the scale of Rs.1600-2660, The posts of Shed Masters shall henceforth be filled only from amongst Asst. Shed Masters with minimum 3 years' service in the grade. 104.25 Presently, there are 12 posts of Overseers in the pay scale of Rs.950- 1400. The posts are filled 75% by direct recruitment, minimum qualification for which is 12th pass, and 25% by promotion of matriculate Head Workers with 5 years’ experience. Overseers with 15 years' service in the grade are eligible for promotion to the post of Sub-Divisional Officer ( 4 posts, 50% of which are filled by promotion and the rest by direct recruitment of graduates) in the pay scale of Rs.1400-2600 which after rationalisation will be upgraded to Rs.1600-2660. In such a scenario, an Overseer in the scale of Rs. 950-1500 will be eligible for direct promotion to the seale of Rs.1600-2660, which may not be appropriate in the existing hierarchical pattem. Accordingly, we recommend that 5 of the existing 12 posts of Overseer may be placed in the higher scale of Rs, 1320-2040 and designated as Labour Supervisor, Grade I. Overseers in the scale of Rs.950-1500 may be redesignated as Labour Supervisors, Grade II. Posts of Labour Supervisor, Grade I may be filled solely by promotion of Labour Supervisors, Grade J. Labour Supervisors, Grade I with 10 years' service will be eligible for promotion to the post of Sub-Divisional Officer. 104.26 Port Management Board of Andaman and Nicobar Islands has 17 posts of Gate Keeper in the pay scale of Rs.750-940. No promotion avenues are presently available for these posts. Accordingly, we recommend that a 3-grade structure in the pay’scales of Rs.750-940, Rs.775-1025 and Rs.800-1150 carrying respective designations of Gatekeeper-Grade III, Gatekeeper-Grade Il and Gatekeeper-Grade I may be provided for the Gatekeepers of Port Management Board. EDUCATION DEPARTMENT 104.27 Pay scales of Peripatetic Teachers working in Andaman and Nicobar Islands were earlier at par with those of Primary School Teachers (Rs.1200-2040) ‘Qualifications prescribed for Peripatetic Teachers include matriculation with diploma inthe concemed trade, However, the Calcutta Bench of the Central Administrative Tribunal in its judgement dated 10.4.95 in OA No.81/4 has directed that these teachers be treated at par with Physical Education Teachers and provided similar promotion avenues. The qualifications and duties of these teachers are comparable with those of Primary School Teachers and as such, we are of the view that the ‘equation ofthese teachers with primary school teachers will be more equitable. We are seperately recommending the same pay scale for Primary School Teachers as is currently available to Physical Education Teachers, Accordingly, we recommend that pay scale at par with the revised pay scales of Primary Schoo! Teachers 1554 Pharmacists Lineman and Lineman-cum- Meter-Reader Senior Veterinary Compounders and Veterinary Compounders may be given to Peripatetic Teachers. ACP scheme as recommended for Primary School Teachers should also be extended to Peripatetic Teachers. HEALTH DEPARTMENT 104.28 ‘There are 105 posts of Pharmacists in the pay scale of Rs.1200-2040. All these posts are filled by direct recruitment, the minimum qualifications prescribed for which is matriculation along with diploma in Pharmacy. In the promotion channel there are 9 posts of Sr. Pharmacists in the pay scale of Rs.1400-2300. Elsewhere we have decided to grant the pay scale of Rs.1400-2300 along with ACP scales of Rs.1600-2660 and Rs.1640-2900 to Pharmacists with matriculation and diploma ‘These recommendations may be extended in the instant case and the cadre of Pharmacists in the Health Department of ASN Islands restructured as under: Designation No. of Posts Pay Scale Pharmacist Grade-I 9 Rs.1640-2900 Pharmacist Grade-II 45 Rs.1600-2600 Pharmacist Grade-I1I 60 Rs.1400-2300 (Entry scale) 104,29 ‘The posts of Lineman and Lineman-cum-Meter Reader presently exist in the respective pay scales of Rs.950-1400 and Rs.950-1500, The post of Lineman is filled 75% by promotion from amongst Mazdoors with 10 years experience and having passed Sth standard and 25% by direct recruitment for which minimum qualification is 8th standard, subject to passing a trade test. The post of Lineman- cum Meter Reader is filled 75% by direct recruitment for which minimum qualification prescribed is matriculation with a trade test certificate and 25% by promotion from amongst Linemen/Electrical Fitters with 5 years’ experience. Linemen with 10 years of regular service are eligible for promotion to the post of Linemen Superintendent in the pay scale of Rs.1400-2300. Linemen-cum-Meter Reader are eligible for promotion to the post of Jr. Engineer after 8 years of service. On account of qualifications attached to these posts as well as their promotion hierarchy, we recommend that the pay scales of Lineman and Lineman-cum- Meter Reader may be upgraded to Rs.950-1500 and Rs.1200-2040 respectively. FOREST DEPARTMENT 104.30 Presently, Dressers/Bull Attendants working in the Forest Department and drawing the pay scale of Rs,750-940 are eligible for promotion to the posts of Vety. Stockman in the pay scale of Rs.775-1025 and thereafter as Veterinary Compounders in the scale of Rs,800-1150. Vety. Compounders are in charge of sub-dispensaries and first-aid cells and despite performing supervisory functions they remain group 'D' employees even afler two promotions. Vety. ‘Compounders are eligible for promotion as Sr. Vety. Compounders. We have 1555 Dental Surgeon Biochemist Draughesman separately recommended pay scales of Rs.1200-2040 with ACP scales of Rs.1400- 2300 and Rs. 1600-2660 respectively for Stockman/Vety. Compounder, provided the ‘minimum qualifications prescribed are Matric along with 2 years' certificate course and one years' experience. These recommendations may also be extended to this case. Further the pay scale of Senior Vety. Compounder, which is a promotion post for Veterinary Compounder may be raised to Rs.1409-2300 with ACP scales of Rs.1600-2660 and Rs.1640-2900, Dadra aud Nagar Haveli HEALTH DEPARTMENT 104.31 ‘The post of Dental Surgeon in the UT of Dadra and Nagar Haveli is in the pay scale of Rs. 2200-4000. No further promotion avenues are available to the incumbents. Accordingly, we recommend that they be given the ACP scales of Rs.3000-4500, Rs.3700-5000 and Rs.4500-5700 on completion of fixed number of years of service as specified for other Group ‘A’ Dental Doctors in CHS. Research Pursuit Allowance may also be allowed on the same analogy. 104.32 The post of Biochemist in the UT of Dadra and Nagar Haveli is presently in the pay scale of Rs.1640-2900. Minimum qualifications prescribed include postgraduation in Biochemistry. In our opinion the post deserves a higher pay scale on the basis of minimum qualifications prescribed. Accordingly we recommend for this post the pay scale of Rs.2000-3500. Further, under ACP, the scales of Rs.2500-4000 and Rs.2200-4000 may be extended to this post. PUBLIC WORKS DEPARTMEN 104.33 ‘The pay scales forthe posts of Draughtsman Grade III, Draughtsman Grade II and Draughtsman Grade I in Dadra and Nagar Haveli are lower than the pay scales of these posts in other Union Territories, despite the mode of recruitment, minimum qualification prescribed and duties being identical in all the Union Territories. Accordingly, we recommend that pay scales of Draughtsman in Dadra and Nagar Haveli be upgraded to Rs.1600-2660 for Draughtsman Grade I, Rs.1400-2300 for Draughtsman Grade I and Rs.1200-2040 for Draughtsman Grade IMI. 1556 Abolition of Island ‘Special Pay and enhancement ofthe Special Compensatory Allowance Extension Officer Ayurvedic Physician GENERAL 104.34 Presently, island special pay optees, numbering 300 out of a total of 4500 employees under the Lakshadweep Administration, are granted special pay @ 80% of basic pay subject to a maximum of Rs,500 per month and such special pay is reckoned for all purposes including TA/DA, retirement benefits and encashment of leave etc. along with compensatory allowance of 10% of basic pay subject to a ‘maximum of Rs.150 per month, Other employees of Lakshadweep Administration doing identical work are only given special compensatory allowance ranging from Rs.150 to Rs.650 per month which is not counted for computation of TA/DA etc. This has created a disparity in the pay and allowances of special pay optees vis-a-vis others, even though all of them are doing the same work in identical circumstances, The island special pay was originally given in the fifties as at that time the islands were totally undeveloped and isolated. Conditions in these islands as well as their accessability has now improved drastically. Any sacrifices that were made by the special pay optees at the time of their initial posting in these islands have already bbeen amply compensated. Thus there remains no justification for paying the special pay optees substantially higher emoluments for doing similar work as others. Accordingly, we recommend that the island special pay in Lakshadweep may be stopped and all government employees in this UT, including special pay optees, be paid special compensatory allowance at double the existing rates. SECRETARIAT 104.35 Presently, there are 5 posts of Extension Officer (General) in the Lakshadweep secretariat in the scale of Rs.1350-2200, Their duties involve implementation of poverty alleviation programmes under UT Administration. We observe that similar posts of Extension Officer in Pondicherry as well as in A&N Islands carry the scale of Rs. 1400-2300. Accordingly, we recommend that Extension Officers in the Lakshadweep Secretariat may be placed in the pay scale of Rs. 1400-2300, DIRECTORATE OF HEALTH 104,36 A post of Ayurvedic Physician exists in the pay scale of Rs.2000- 3500. The post is filled by direct recruitment of recognised degree/diploma holders in Ayurveda possessing three years’ professional experience. We have already proposed the scale of Rs.2200-4000 for recognised degree-holding practitioners of Indian Systems of Medicine (ISM). The qualifications prescribed for the post of Ayurvedic Physician in Lakshadweep are at par with recognised degree in ISM. 1557 Junior Lecturers Cargo ‘Superintendent Grade! and Grade Officers of DASS Accordingly, we recommend that the scale of Rs.2200-4080 be extended to this post. DIRECTORATE OF EDUCATION 10437 In Lakshadweep, there are two junior colleges functioning at plus two stage. These institutions are affiliated to Calicut University. As per national pattern of education, the plus two stage institutions have been de-aligned from the universities and attached to secondary schools, The present pay scales of Jr. Lecturers teaching in these institutions are Rs. 1640-2900 (Ordinary scale), Rs.2000-3500 (Sr. scale) and Rs.2200-4000 (Selection scale). These pay scales are presently at par with the pay scales of PGT teachers in other senior secondary schools. However, elsewhere we have recommended higher pay scale for PGTs. We recommend that pay scales at par with the revised scales of Post Graduate Teachers may be given to Junior Lecturers teaching in Junior Colleges of Lakshadweep. PORT DEPARTMENT 104.38 ‘The pay scale of Cargo Superintendents working in the Port Department is Rs.1400-2300, Their duties include looking after the welfare of passengers and cargo in ships and boats. The feeder category for this post is in the pay scale of Rs. 1350-2200 whereas the immediate promotion post, that of Welfare Officer, carries the scale of Rs.1640-2900. On account of the duties prescribed as well as the pay scale of the feeder and promotion posts, the present pay scale of the Post appears unjustified Accordingly, we recommend that Cargo Superintendents may be upgraded to the pay scale of Rs.1600-2660. Delhi SECRETARIAT 104.39 Presently, Grade-I and Grade-II officers of Delhi Administration Subordinate Service (DASS) are in the respective pay scales of Rs, 1640-2900 and Rs. 1400-2300. Grade-II officers are recruited through a competitive examination conducted by the SSC. Candidates possessing a minimum qualification of graduation are eligible to appear in this examination. All the posts in Grade-l are filled by promotion of Grade-II officers with five years of service in the grade, Grade-I and Grade-II officers function as Tehsildar and Deputy Teksildar respectively. While in the Secretariat, Grade-l officers are posted as Superintendents in charge of a branch. These officers are also liable to be posted as Assistant Sales Tax Officers, etc. In ‘view of the minimum qualifications prescribed and duties attached to these posts we 1558 Stenographers Translators Typists, Translators and Technical Assistants Urd Typists Editor of Debates are of the view that a higher pay scale needs to be extended to these two posts Accordingly, we recommend the scale of Rs.2000-3500 for Grade-I officers and of Rs.1600-2600 for Grade-II officers of DASS. 104.40 Presently, there are 211 posts of Stenographer (Grade-II) in the pay scale of Rs.1400-2300. All of these posts are filled by promotion of Stenographer (Grade-III) in the pay scale of Rs.1200-2040. We have already recommended the pay scale of Rs, 1600-2660 for officers of Grade-H subordinate ministerial/ executive services in NCT of Delhi. In order to maintain parity between Grade-I1 Stenographers and Grade-If Subordinate Services of Delhi, we recommend that the pay scale of Stenographer grade II may be upgraded to Rs.1600-2660. 104.41 ‘Translators locking after the Official Language work are placed in the pay scale of Rs.1400-2300. The Minimum qualification prescribed for the post is graduation with 3 years’ experience. On the basis of qualifications prescribed, we recommend that the pay scale of this post may be upgraded to Rs.1600-2660. 104.42 ‘There are a few isolated posts of Punjabi typist, Punjabi translator and Technical Assistant. We recommend that under the Assured Career Progression Scheme, the following three-tier structure may be extended to these posts: Post Present Scale ‘ACP Scales Punjabi Typist Rs.950-1500 1200-20407 1400-2300 Punjabi Translator —_Rs.1400-2300 1600-2660/ 1640-2900 Technical Assistant —_Rs.1400-2300 1600-2660/ 1640-2900 104.43, Urdu Typists (Grade IV) in Delhi Administration are in the pay scale of Rs.950-1500. No promotion avenues are available to the incumbents of this post. Accordingly, we recommend that two ACP scales of Rs.1200-2040 and Rs.1400- 2300 may be provided for these posts. SECRETARIAT ( LEGISLATIVE ASSEMBLY ) 104.44 There is a post of Editor of Debates in the pay scale of Rs, 1640-2900. ‘The posts filled by direct recruitment and minimum qualifications prescribed include post-graduation in Hindi with English as an elective subject at the degree level, along. with two years’ experience. Recruitment to the post is made through an All India competition conducted by the UPSC. Duties attached to this post include editing, translation and printing ofthe proceedings of the Legislative Assembly and its various committees. A similarly designated post in Pondicherry is in the pay scale of Rs.2000-3500. In view of the above facts, we recommend, for the post of Editor of Debates in government of NCT of Delhi, the scale of Rs. 2000-3500, Under the scheme of Assured Career Progression, the scales of Rs.2500-4000 and Rs.2200-4000 may be extended to this post. 1559 Assistant Director and Industrial Adviser Carpet Training Officers Fire Officers Prosecutors DEPARTMENT OF INDUSTRIAL DEVELOPMEN’ 104.45 Presently this department comprises 13 posts of Assistant Director in the scale of Rs.1640-2900; 8 posts of Dy. Director (DD) in the scale of Rs.2200- 4000; 5 posts of Joint Director (JD) in the scale of Rs,3000-4500; and one post of Industrial Adviser in the scale of Rs.3000-5000. Direct recruitment is done at the level of AD for which minimum qualification prescribed is a degree in engineering. Keeping in view the qualifications and duties assigned to these posts, we recommend that the pay scales for the post of Asstt. Director and Industrial Adviser may be upgraded to Rs.2000-3500 and Rs.3700-5000 respectively. No change in the present pay scales of Dy. Director and Joint Director is recommended. 104.46 Presently, no promotional avenues are available for the post of Carpet Training Officer carrying the pay scale of Rs.1600-2660. Accordingly we recommend that under the scheme of Assured Career Progression, the scales of Rs.1640-2960 and Rs.2000-3500 may be extended to incumbents of this post. DELHI FIRE SERVICE 104.47 Four posts of Dy. Chief Fire Officer (DCFO) exist in the scale of Rs.3700-5000. DCFOs are eligible for promotion as Chief Fire Officer in the scale of Rs.5100-6150. No intermediate scale exists between these two posts. Accordingly, we recommend that 2 posts of Dy. Chief Fire Officer be upgraded to that of Additional Chief Fire Officer (ACFO) in the scale of Rs.4500-5700. DCFOs with 3 years’ service in the grade shall be eligible for promotion as ACFO, who then would be entitled for promotion as Chief Fire Officer after 2 years of service as ACFO. DIRECTORATE OF PROSECUTION 104.48 This Directorate comprises the posts of Prosecutor in the scale of Rs.2000-3200, Senior Prosecutor/Additional Public Prosecutor in the scale of Rs.2375-3500, Public Prosecutor/Chief Prosecutor carrying the scale of Rs.2200- 4000 and Director of Prosecution in the scale of Rs.3000-4500. The officers of the Directorate conduct cases on behalf of the state in the Courts of Metropolitan Magistrates and Sessions Courts and also tender legal advice on various matters to the Police Department as well as all other departments of the Government of NCT of Delhi. Direct recruitment is made only at the level of Prosecutor for which a degree in law along with 3 years' experience have been prescribed. There is no direct recruitment to the other senior posts. Keeping in view the important functions being performed by them, we recommend that pay of all these posts may be revised as under:- Post Pay Scale Prosecutor Rs.2000-3500 Sr. Prosecutor! Rs.2200-4000 Adal. Public Prosecutor 1560 Chief Inspector of Boilers Assistant Labour Commissioner Caretaker, Holiday Home S!149 FCPCO6—4A, Public Prosecutor! Rs.3000-4500 Chief Prosecutor Director (Prosecution) Rs.3700-5000 Additionally these officers may be given the facility of creating a Library at home, for which they should be allowed to subscribe to two Law Journals per month and in addition get books purchased worth Rs.2500 per annum through the departmental library for their permanent individual usage. ‘They may also be given robe allowance, dress maintenance allowance and court allowance at rates applicable to prosecutors in CBI. Facility of residential telephones may also be given to all officers working as Sr. Prosecutors or in higher posts. DEPARTMENT OF LABOUR 104.49 ‘The post of Chief Inspector of Boilers presently exists in the pay scale of Rs.2200-4000. The duties attached to this post include examination and registration of boilers and imparting advice to owners regarding the proper ‘maintenance and safe working thereof. Additionally there are two posts of Inspectors of Boilers in the scale of Rs.2000-3500 which are filled by promotion of Smoke Observers with 8 years’ service in the scale of Rs.1400-2300 and by direct recruitment of Mechanical Engineers with 2 years' experience in equal proportion. Keeping in mind the qualifications prescribed and the nature of their duties, we are of the opinion that the pay scale of Chief Inspector deserves to be upgraded. Accordingly we recommend that the pay scale of Chief Inspector of Boilers be upgraded to Rs.3000-4500, Simultancously one of the post of Inspectors (Boilers) be upgraded to the scale of Rs, 2500-4000 and redesignated 2s Deputy Chief Inspector (Boilers), Inspectors (Boilers) with 3 years' service in the grade would be eligible for promotion to the post of Dy. Chief Inspector who after four years of service in the grade, would become eligible for promotion to the post of Chief Inspector of Boilers. 104.50 Dethi industrial Relations Machinery has a post of Assistant Labour ‘Commissioner inthe pay scale of Rs.2375-3500. Labour Officers who constitute the {feeder cadre for promotion to the post of Assistant Labour Commissioner are placed in an almost similar scale of Rs.2000-3500. The post of Assistant Labour Commissioner in other UTs like A&N Islands is already in the pay scale of Rs.2200- 4000. Keeping all these factors in view, we recommend that the pay scale of the post of Assistant Labour Commissioner in Delhi Industrial Relations Machinery may be upgraded to Rs.2200-4000. 104.51 ‘There is a post of Caretaker, Holiday Home in Labour Department of Delhi Carrying the pay scale of Rs.1200-2040. Duties attached to the post include caretaking of holiday homes being run by Labour Department. Minimum qualifications prescribed for the post are graduation along with 1 years' experience. We observe that as per duties prescribed for this post, no specialised skills are necessary. Accordingly we recommend that this post may be merged in the UDC cadre with full protection of seniority being afforded to the present incumbent. 1561 Assistant Local Health Authority Food Inspectors Field Assistants ‘and Sample Packers Junior Medical Officers (HOMEQ) Pharmaceutical Chemists DIRECTORATE OF PREVENTION OF FOOD ADULTERATION 104.52 ‘There are 5 posts of Assistant Local Health Authority (ALHA) in the pay scale of Rs.2000-3500, which form the feeder cadre for promotion to the five posts of Local Health Authority(LHA) in the pay scale of Rs 3000-4500, We have received many demands secking merger of the posts of ALHA with that of LHA. However, these posts are not comparable either in terms of duties or status or ‘minimum qualifications prescribed. Accordingly, we recommend that the post of ALHA may not be merged with that of LHA and that replacement pay scales may be given to the posts of Assistant Local Health Authority. However, 2 of the existing posts of ALHA may be upgraded and placed in the scale of Rs.2500-4000. These posts, to be designated ALHAS, Grade I, shall be filled solely by promotion of ALHAs who will now be called ALHAS, Grade II. 104.53 Food Inspectors in the Directorate of Prevention of Food Adulteration are presently in the pay scale of Rs.1400-2300. All of these posts are filled by direct recruitment, the minimum qualification prescribed for which is graduation slong with minimum of 45 days training in Food Inspection and Sampling Work under the Food Authority of Central Government. They are eligible for promotion to the post of Assistant Local Health Authority in the pay scale of Rs.2000-3500. In view of the minimum qualification prescribed and duties attached to the post, the present pay scale does not appear to be adequate. Accordingly we recommend that the pay scale of Food Inspectors in Delhi be upgraded to Rs.1600-2660 along with a dynamic ACP scale of Rs.1640-2900. This could become a normal grade, on distribution of the existing 24 posts equally between the two scales of pay. 104.54 ‘There are 25 posts of Field Assistants/Sample Packers carrying the pay scale of Rs.975-1540. The posts are filled entirely by direct recruitment of matriculates, ‘Their duties include sealing and packing of samples of food products and carrying them from field to office. No promotional avenues exist for these posts. ‘The nature of duties is a general one and not much diffrent from that of LDCs. Accordingly we recommend that all these posts may be merged in the cadre of LDCs with full protection of their seniority. DIRECTORATE OF HEALTH SERVICES 104.55 Presently there are 31 posts of Junior Medical Officers (Homeopathy) in the pay scale of Rs.2000-3500. The minimum qualification prescribed for incumbents to this post is a bachelor's degree in the traditional system of medicine, Elsewhere, we have recommended grant of pay scales at par with allopathic doctors to doctors practising the traditional systems of medicine. In view of the foregoing, we recommend that the post of JMOs (Homoeopathy) be upgraded as Medical Officer (Homoeo) and placed in the pay scale equivalent to Rs.2200-4000, Suitable promotion levels at par with CHS may also be created for these doctors, ~ 104.56 There are two posts of Pharmaceutical Chemists in Maulana Azad Medical College (MAMC) in the pay scale of Rs.2000-3500. These posts are filled bby direct recruitment through the UPSC. No further promotion avenues are available. Accordingly, we recommend that under ACP, the scales of Rs.2500-4000 and Rs.3000-4500 may be extended to the incumbents of this post. 1562 Si149 FCRCS—A0E

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