Grant of up-graded pay scale to Assistant Director(OL), Sr. Hindi Translator and Jr. Hindi Translator

Court Matter 

F. No. A-23011/ 72/ 2018-Ad.IIA

Government of India 

Ministry of Finance 

Department of Revenue

Central Board of Indirect Truces and Customs

North Block, New Delhi, 

Dated the 15th July, 2019.

To,

All Pr. Chief Commissioners/ Chief

Commissioners/ Director General under CBIC,

Subject: Grant of up-graded pay scale to Assistant Director(OL), Sr. Hindi Translator and Jr. Hindi Translator, posted under the office of Central Board of Indirect Taxes and Customs - reg.

I am directed to say that many court cases have been filed across the country for extending the benefit of Department of Expenditure's OM No. 70/ 11/2000-IC dated 14.07.2003 vide which higher pay scales of Rs 5500- 9000/-, Rs 6500-10500/ - and Rs 7500-12000/ - were extended to Jr Hindi Translator, Sr Hindi Translator and Asst. Director of CSOLS w.e.f. 01.0 l.1996(notionally) but actual payments in the higher pay scales were allowed w.e.f. 11.02.2003.

2. The Department of Expenditure vide OM No. 70/ 5/ 2003-IC dated 29.03.2004 has clarified that upgraded pay scales approved by the Government are specific to the posts of CSOLS (Central Secretariat Official Language Services) and cannot be extended to similarly designated posts elsewhere.

3. One, Sh Dhananjay Singh, filed an OA No. 912/ 04 in the Hon'ble CAT, Kolkata Bench challenging the aforesaid OM dated 29.03.2004 and pleaded for upgraded pay scales and for removing disparity between those working in CSOLS and outside CSOLS, which was allowed by the CAT Kolkata Bench. The Judgment was upheld by the Hon'ble High Court of Kolkata as well as by the Hon'ble Apex Court vide Order dated 25.07.2013.

4. The matter for extending the benefits of the Order of the Supreme Court dated 25.07.2013 to all similarly placed persons posted in CBIC is being considered in Board in consultation with Department of Expenditure. In this regard, the information in respect of all the similarly placed officials is required for processing the proposal further.

5. In view of the above, it is requested to provide the following information in respect of each of the three cadres, i.e., Assistant Director(OL), Sr. Hindi Translator and Jr. Hindi Translator where the benefit of Sh. Dhananjay Singh case is yet to be extended to similarly placed persons:-

i. No. of similarly placed persons supposed to be covered for allowing the benefit as above.

ii. Estimated financial implication for extending the benefit to the similarly placed person.

6. You are requested to kindly provide the details/information on the points mentioned to the Board for taking up the matter with D/ o Expenditure . Since a number of court cases are pending at various forums, it is requested to expedite this exercise and the detail information be made available within 2 weeks of the receipt of the letter.

Yours faithfully,

Sd/-

(Gaurav Shukla)

Under Secretary to the Government of India

Source: CBIC

[http://www.cbic.gov.in/resources//htdocs-cbec/deptt_offcr/administrative-wing/admn-wing-circ/Hindi-150719.pdf]