Stepping up of pay of senior Assistants of CSS drawing less pay on promotion in the Section Officers’ Grade than their juniors – List of Writ Petitions filed in the matter
F. No. 9/4/2019-CS-I(S)
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training
*********
2nd Floor, A Wing, Lok Nayak Bhawan, Khan Market
New Delhi, the 18th October, 2021
OFFICE MEMORANDUM
Subject: Stepping up of pay of senior Assistants of CSS drawing less pay on promotion in the Section Officers’ Grade than their juniors – OM No.18/2/2007-CS-I dated 20.05.2014 — Writ Petitions filed in the matter – regarding.
The undersigned is directed to refer to this Department’s OM No.18/2/2014-CS-I(S) dated 01.07.2019 and OM of even number dated 18.10.2019 (copy enclosed) wherein instructions were issued to all the Ministries/Departments participating in CSS for handling of Writ Petitions filed/being filed in the above matter.
2. These instructions provided that the first WP No.1225/2019 filed in the matter was being defended by this Department and the remaining WPs were to be defended by the administrative Ministry/Department concerned based on inputs made available by this Department (reply filed in WP No.1225/2019) in consultation with Government Counsel after ensuring factual accuracy of the case.
3. These instructions further provided that all fresh cases filed in Delhi High Court in the matter might be duly reported to this Department by the Ministry/Department concerned as and when the WPs were received at their end and the counter replies filed immediately in these matters, under intimation to this Department. The Ministries/Departments had also been requested to get their cases tagged/connected with WP No.1225/2019 so that all the cases containing similar cause of action could be heard together. A list of WPs filed in the matter, as per the information available in this Department, is attached as Annexure.
4. Accordingly, the Ministries/Departments concerned are requested to confirm that counter replies have already been filed by them in these matters and action has been taken to get these cases tagged with WP No.1225/2019. A copy of the counter reply so filed may be forwarded to this Department for records. The matter is likely to be heard on 02.12.2021. If there is any other WP filed besides the above, the status with respect to the same may also be intimated to this Department.
5. This may please be treated as Most Immediate and the information as sought in para 4 above may be furnished to this Department immediately but not later than 25.10.2021.
(Zachariah Thomas)
Under Secretary to the Govt. of India
Ph: 24624046
To (through DOPT website)
All Ministries/Departments of Government of India
(Director/Deputy Secretary (Admn./Estt. ))
New Delhi
ANNEXURE
LIST OF WRIT PETITIONS FILED IN STEPPING UP OF PAY MATTER
| Sl. No. | Court | Case No. | Applicant/ Petitioner | Brief subject | Present status |
| 1 | HC | WP No.1225/ 2019 D/o Filing- 01.02.19 |
Pramod Sahoo & Ors | The petitioners have challenged the order dated 11.01.19 of CAT in the matter of stepping up pay of senior ASOs with reference to their juniors on promotion as Section Officer. On the basis of the instructions issued by this Department vide OM dated 20.05.2014 and 08.07.2014, the stepping of pay granted to the petitioners were reviewed by the concerned Ministries/Departments. The orders of stepping of their pay were withdrawn on the basis of the findings of the review. The OA filed by the petitioners was dismissed by CAT vide order dated 11.01.19 | Being defended by DOPT — Counter reply already filed. An application for early hearing in the matter had also been filed.Next Date of Hearing 02.12.2021 |
| 2 | HC | WP No.1614/2019 | Y.P. Singh | -do- | Being defended by M/0 Defence as per the inputs provided by this Department. |
| 3 | HC | WP No.1612/2019 | Veena Dunga | -do- | Being defended by Cabinet Secretariat |
| 4 | HC | WP No.2003/2019 | L. Madan Kumar Reddy | -do- | Being defended by Department for Promotion of industry and Internal Trade (erstwhile DIPP) -Reply filed on 31.07.2019 |
| 5 | HC | WP No.4115/2019 | A.K. Srivastava | -do- | Being defended by Ministry of Drinking Water & Sanitation |
| 6 | HC | WP No.2004/2019 | Devashish Bhardwaj | -do- | Being defended by Ministry of Defence |
| 7 | HC | WP No.1626/2019 | Biswajit Guha & Ors | -do- | Being defended by Ministry of Defence |
| 8 | HC | WP No.1617/2019 | Arun Kasnal & Ors | -do- | Being defended by Ministry of Defence |
| 9 | HC | WP No.6675/2019 | Vijay Sachdeva | -do- | Being defended by Ministry of Defence |
| 10 | HC | WP No.2706/2019 | Manoj Kumar Nirbheek |
-do- | Being defended by D/o Agri., Co-op. & Farmers Welfare |
| 11 | HC | WP No.4862/2019 | Ambuj Bajpai & Ors |
-do- | OA was defended by MHRD. Requested them to defend the case. |
| 12 | HC | WP No.1615/2019 | P.S. Thakur | -do- | Department of Consumer Affairs had been requested to defend the case |
| 13 | HC | WP No.8915/2020 | H.C. Rai | -do- | Department of Revenue has been requested to defend the matter. |
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