It has been appeared from the words of our new DGA P&T that he is thinking for enhancement of the tenure of outstation postings of Sr AOs/ AOs from the existing 2 years to 3 or 5 years.

Comments on the above are invited from the members of our association. On the basis of your oppenion the association will take up the matter with DGA P&T and C&AG.

COURT ORDER ON GR A STATUS TO SR AUDIT OFFICERS:-

Honble Mr. A.K.Bhardwaj, Member (J) :

By way of present OA the applicant has sought issuance of direction to respondent No. 2 to classify the Sr. Audit/Accounts Officer in the pay scale of Rs.2200-4000 (pre-revised) as Group A officer. To buttress their claim, Ms. Haripriya Padmanabhan, learned counsel appearing for applicants   relied    upon  SO No. 946 (E) dated  9.04.2009

           

  OA 731/2012

(Annexure A-9). According to her, the applicants being in pay band-3 (Rs.15600-39100) with grade pay of Rs.5400 need to be classified as Group A officer. In terms of OM No.6 (82)-IC/91 (part-II) dated 11.4.2011, Govt. of India, Ministry of Finance (Department of Expenditure) found it not possible to change any classification of the post of Sr. Audit Officer/Sr. Accounts Officers due to the following reasons

a). The post of Sr. Audit/Sr. Accounts Officers in the scale of Rs.2200-4000 (pre-revised) was created with the approval of the Cabinet by placing 80% of the posts of Audit/Accounts Officers (Rs.2375-3500) in the higher grade with the stipulation that Sr. Audit Officers/Sr. Accounts Officers in the scale of Rs.2200-4000 shall be classified as Group B The classification as Group B was a conscious decision of the Govt. as this upgradation of the pay scale was a part of the restructuring scheme for Audit/Accounts Officers. The scheme was formulated in order to provide promotional avenues.

b). Audit/Accounts Officers are appointed as Sr. Audit/Sr. Accounts Officers on promotion only on non functional posts and are being supervised by Jr. Time Scale officers of organized Group A Accounts Services. This promotion from Rs.2375-3500 to Rs.2200-4000 is carved out without consulting the UPSC unlike promotions from Group B to Group A posts which require consultation with UPSC.

As can been seen from the aforementioned, the post of Sr. Audit/Accounts Officer in the pay scale of Rs.2200-4000 ( pre-revised) was created with the approval of the Cabinet by placing 80 % of the post of Audit/Accounts Officers (Rs 2375-3500) in the higher grade with the stipulation that the newly created post shall be classified as Group B only. Such decision was a conscious decision of the Government as part of the restructuring scheme for Audit/Accounts Officer. Even at the time of creation of the posts of Sr. Audit/Accounts Officer in the pay scale of Rs. 2200-4000, the posts in the said pay scale (pre-revised) was Group A and classification of the same as Group B was one of the sine qua non for creation of the post in higher pay scale. Thus, the classification of the post in pay band of Rs.15600-39100 with grade pay of Rs.5400         (normal re-placement  of the pay scale of  Rs. 2200-4000 pursuant to the OA 731/2012  recommendations of 5th and 6th Pay Commission respectively) has not led to any change in the situation prevalent at the time of creation of the posts in question in which the applicants were placed by way of upgradation. This is also matter of record that placement of applicants in the higher pay scale was without consultation with the USPC, while as per prescribed norms such consultation was mandatory. In other words, the procedure prescribed for promotion of the officer from Group B to Group A was not followed in upgradation of the applicants to newly created posts of Sr. Audit/Accounts Officer. Further as has been ruled by Hon’ble Supreme Court in Indian Rly SAS Staff Association Vs. Union of India (1998) 2 SCC 651), the classification of posts into gazetted or non gazetted cannot be done purely on the basis of scales of pay. There can be many criteria, administrative, procedural & others which have to be taken into consideration and need to be adhered to before taking decision on classification. Nevertheless,  since in OM dated 17.04.2009 (Annexure A-10), it is provided that if for any specific reason, a Ministry/Department had proposal to classify the posts not as per the classification suggested in order dated 9.04.2009, but in a different manner, it was necessary for that Department to send a specific proposal to Department of Personnel and Training  giving full justification in support of the proposal within three months of issuance of said OM (OM dated 9.04.2009) so that the exceptions to the norms of classification laid down in SO 946 (E) dated 9.04.2009 could be notified, the respondents may take up the issue of classification of the posts in question (ibid) with UPSC and Cabinet within 4 months. In view of the placement of the applicants in the higher pay scale meant for  Group   A   officers, OA 731/2012 subject to the condition that their newly created posts/grade would be classified Group B, only the Cabinet can absolve them from the said condition (classification of their posts as Group B).

                        Subject to said observation, OA stands disposed of. No costs.