UP-GRADATION OF PAY STRUCTURE OF MSME INSTRUCTORS

Department of expenditure has allowed the MSME to upgrade the grade pay of Instructors from Rs. 2400 to Rs. 2800 w.e.f. 1.1.2006 following the CAT Chennai Judgement in favour of the MSME. Copy of the order issued by the MSME is place below: 

OFFICE OF THE DEVELOPMENT COMMISSIONER

(Micro, Small & Medium Enterprises)

Ministry of Micro, Small & Medium Enterprises

Government of India

Nirman Bhawan, 7^th Floor, Maulana Azad Road,

New Delhi 110011

No. C-18013/3/2010-A(NG)                                                                                 Daed 21.01.2014

The Director,

MSME-Development Institute,

65/1, GST Road,

Chennai-600032

Sub:     Implementation of order dated 09.11.2012 passed by the CAT, Madras Bench in OA No. 702/2010 filed by Shri A John Dominic Xavier & 16 other Instructors, against Department of Expenditure & others in the matter of upgraded pay scale.

Sir,

            The undersigned is directed to refer to the order dated 09.11.2012 passed by CAT Madras Bench in OA No. 702/2010 filed by Shri A. John Dominic Xavier & 16 other Instructors, against Department of Expenditure & others in the matter of upgradation of pay scale.

2.         Ministry of Finance, Department of Expenditure vide its Notification No. 1/1/2008-IC dated 28.07.2009 revised the pay scales of the posts of Highly Skilled Worker from Rs.4000-6000 to Rs. 4500-7000 (pre-revised) corresponding to Grade Pay of Rs. 2800 in Pay Band PB-1 w.e.f. 01.01.2006. Accordingly, this office sent a proposal to Department of Expenditure to grant the above revised pay structure in respect of Highly Skilled Workers (Instructors) working in MSME-DO. After considering the proposal Department of Expenditure not agreed to the proposal stating that the revised pay structure notified is applicable in the case of those workshop staff whose primary and sole duties are to work with their hands and that their skills of hand acquired over a life-time are utilized by the Government in workshop only. The same was brought to the notice of all applicants for their information.

3.         Aggrieve by this, Shri A John Dominic Xavier & 16 other Instructors of MSME-DI, Chennai filed O.A. No. 720/2010 in CAT Madras Bench praying to extend the scale of pay granted to Highly Skilled Workers of Workshop Staff in Notification No. G.I., M.F. No. 1/1/2008-IC dated 28.07.2009 (i.e. present scale of pay of Rs. 4000-6000 to revised scale Rs. 4500-7000 with PB-I plus GP Rs. 2900/) with all consequential benefits.

4.         The Tribunal allowed the OA and directed the respondents to extend the applicant the scale of pay of Highly Skilled Workers as per Notification dated 28.07.2009 as per the details provided therein. The applicants will be eligible for all the consequential benefits.

5.         The matter has been examined in consultation with Department of Expenditure. Department of Expenditure has agreed to implement the order of CAT dated 09.11.2012 in OA No. 702/2010 for the petitioners and if there are any other similarly placed persons, who have not yet approached Court, they may also be considered for similar benefit provided they are exactly similar in all respects.

6.         In view of the above, the competent authority has decided to implement the order of CAT dated 09.11.2012 in OA No. 702/2010 to all existing Instructors in MSME-DO and revise their pay scale Rs. 4000-6000 to Rs. 4500-7000 (pre-revised) corresponding to Pay band Rs. 5200-20200 PB-1 plus Grade pay Rs. 2800/ with all consequential benefits w.e.f. 01.01.2006.

7.         This issues with the approval of the Department of Expenditure vide U.O. No. 25(1)/E.III(B)/2010 dated 29.11.2013

Yours faithfully

Sd/

(Surender Kumar)

Dy. Director (Admn)

Copy to:

The director,

All MSME-|DIs/Branch MSME-DIs/TCs/TIs.