Conversion of DEOs posts to DPAs - Fixation of Pay in light of Court Directions and DoE's OM regarding Entry Pay on promotion: EPFO



EMPLOYEES PROVIDENT FUND ORGANISATION
MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA
Bhavisya Nidhi Bhawan, 14, Bhikaji Ca ma Palace, New Delhi -110066

OFFICE MEMORANDUM

Dated: 03 MAY 2019

Subject: Pay fixation of Data Processing Assistants (DPAs) in compliance of Order of Hon'ble CAT, Madras Bench in O.A. No.1 653/2013 filed by Sh. Saravana Kumar, DPA and 0.A. No.1652/2013 filed by Shri Thirumurugan, DPA and upheld by Hon'ble High Court of Madras in W.P. Nos.7201 /2017 and 7202/2017 -regarding.

The undersigned is directed to invite attention to Head Office letter No. HRM-Y/ 1(5) 2010/DPA/Pay Fixation/Vol.III/12172 dated 11.08.2016 on the subject cited above whereby instructions relating to fixation of pay in respect of DPAs were issued mentioning inter-alia that grant of 3% increment in pay fixation is not permissible to DPAs as it is only conversion of DEOs to DPAs and not promotion as such. It was also mentioned in the said letter that recovery of excess amount paid to Shri Thirumurugan , DPA, RO, Madurai & Sh.Saravana Kumar, DPA, who had filed an 0.A. No. 1652/2013 & 1653/2013 before the Hon'ble CAT, Madras Bench will be subject to the outcome of the orders of the Hon'ble CAT in the above OAs.
2. In this context, it is pointed out that while disposing the above applications, Hon'ble CAT vide its Order dated 27.07.2016 in the matter of O.A. No.1652/2013 and 1653/2013 has observed that the applicants had fulfilled the initial requirement for such absorption, by way of conversion into the DPA cadre, they were granted appointment in the DPA cadre with effect from the date of notification of the new DPA cadre. In that scenario, and also considering the fact that similarly placed employees in other Commissionerates were granted fitment at Rs.12540 , there is no justification for the respondents to deny that benefit only to the applicants in the Regional Provident Fund Commissioner's office Madurai. Accordingly, I find the applicant has successfully established his case/or grant of relief prayed for and therefore the impugned order dated 02.07.2013 is quashed and set aside and respondents are directed to restore the fixation of pay granted to him as per the original order bearing No.TN/RO/MDU/47/Pay fix/DPA/DPA/2010 dated 19.08.2010 be restored within a period of four weeks from the date of receipt of a copy of this order.

3. Against the order of the Hon 'ble CAT, a W.P. was filed by EPFO before the Hon'ble High Court of Madras contending that the fitment at Rs.12,540/- was not applicable as the said DPA was absorbed only by way of conversion with a onetime relaxation from the post of DEO to DPA. The Hon 'ble H igh Court of Madras dismissing the Writ Petition Nos. 310/7201/2017 and 310/7202/2017 vide its Order dated 02.02 .201 8 observed as following:-

"After going through the factual position of the case and the materials placed before us, especially Note. 1 of the schedule annexed to the Gazette Notification dated 20th May, 2009 as found from page 4 of the typed set of prayers , we find that the very order of promotion of the first respondent herein shall be deemed to have been appointed from the date of notification of such rules and therefore, we have no hesitation to hold that the order passed by the Central Administrative Tribunal does not suffer from any irregularity or illegality and it is based on the Gazette Notification and the pay fixation of the petitioner in this case at Rs. 12,540/- does not warrant any interference."
4. Besides, the O.M. No. 8-23/2017-E.IIIA dated 28.09.201 8 issued by the Department of Expenditure, Ministry of Finance clearly stipulates that in respect of those posts where entry pay for direct recruits appointed on or after 1.1.2006, as per Section II of Part A of the First Schedule of CCS(RP) Rules, 2008, becomes applicable by virtue of the provision of the element of direct recruitment in the relevant recruitment rules, the pay of Central government employees who were appointed to such posts prior to 1.1.2006 and whose pay, as fixed in the revised pay structure under Rule 7 thereof as on 1.1.2006 turns out to be lower than the prescribed entry pay for direct recruits of that post , shall not be less than such ent1y pay w.e.f 1.1.2006. Likewise, the pay of Central Government employees who were appointed to such posts by way of promotion on or after 1.1.2006 and whose pay, as fixed under Rule 13 of CCS(RP) Rules, 2008, happens to be lower than the said entry pay, shall also not be less than such entry pay from the date of their promotion taking place on or after 1.1.2006.

5. The matter of fixation of pay in respect of DPAs has been examined in the light of the Order issued by the Hon'ble CAT upheld by Hon 'ble High Court of Madras as well as the instructions issued by the Department of Expenditure. Accordingly it is decided that as the entry pay for the directly recruited DPAs having Grade Pay of Rs.4600/-has been prescribed as Rs.12540/ in the Pay Band-2 (Rs.9300-34800), the pay on conversion to the post of DPA will not be less than Rs.12540 + GP 4600.

6. The pay fixation of DPAs shall be regulated accordingly.

Sd/-
(UDITA CHOWDHARY)
Addl Central P.F. Commissioner (HRM)

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