Restructuring of cadre of Artisan Staff in Defence Establishments in modification of 6th CPC recommendations

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No.AT/II/2458 (PC)/6/06
Office of the CGDA
Ulan Batar Road
Palam
Delhi Cantt -110010
Dated 09 June 2011

To
The P.CA(Fys.)
Kolkata

Subject: Restructuring of cadre of Artisan Staff in Defence Establishments in modification of 6th CPC recommendations.
Reference: MoD letter No 11 (5)/2009/D (Civ.I) dated 14-06-2010 forwarded vide this HQrs office letter of even No dated 29-07-2010 and CDS (RP) Rules, 2008.

Consequent upon the issue of MoD letter No.11 (5)/2009/D (Civ.I) dated 14-06-2010, clarifications were sought by various Controllers’ Offices about certain issues in connection with implementation of the provisions of CDS (RP) Rules, 2008 and revision of pay scales/amendments to CDS (RP) Rules, 2008 in respect of workshop staff of Defence Establishments. The doubts raised have been duly examined and point-wise clarifications/guidelines have accordingly been indicated in the following table.

S.No.	Point of Doubt	Clarification
1.	If the MCM category is to be treated as promotion w.e.f. 1/1/2006 without insisting for passing of Trade Test as a one-time measure, then what treatment is required to be given in respect of cases.	Para 3 (b) of MoD letter dated 14-06-2010 stipulates that the placement of the individuals in the posts resulting from the restructuring shall be made w.e.f. 01-01- 2006 in relaxation of the conditions, if any, i.e., trade test etc as a one time measure. Thus the Govt has given relaxation for one time only. Further promotions in this grade will be made after passing required trade test.
2.	Whether MoD letter No 11 (5)/2008/D (Civ-I) dated 28-08-2009 and 11( 5)/2009/D (Civ-I) dated 14-06-2010 also cover the Department of MES.	MoD letters dated 28-08-2009 and 14-06- 2010 are applicable for Artisan cadre of all Defence Establishments and as such also for MES formation.
3.	As per para 3 & 4 of MoD letter dated 14.6.2010, the Executives to maintain the ratio between skilled, highly skilled and MCM category of employees but no guidelines have been issued to audit authorities to keep watch and justify the ratio maintained by the executives.	The responsibility of restructuring of cadre of artisan staff strictly in accordance with the MoD letter dated 14-06-2010 rests with the executive authorities. However to check the correctness of the ratio, the executive authorities may be requested to forward the strength statement along with pay bills.
4.	As per para 4 (i) of MoD letter dated 14.6.2010 post of MCM shall be part of the hierarchy and the placement of highly skilled Grade-I in the grade of Master Craftsman will be treated as promotion. It is not clear as to whether any pay fixation is involved by virtue of MoD letter dated 14.6.2010 and if at all pay fixation is involved, then how it is to be carried out, i.e. by treating it as placement or by treating It as promotion, or intention of the Govt order is only to impart benefit of grade pay.	The placement of highly skilled Grade-I in the grade of Master Craftsman is to be treated as promotion; the benefit of pay fixation is to be given.
5.	As per para 3 (a) of MoD letter dated 14-06- 2010, HS-ll and HS-I are to be divided to 50% each. It is not clear as to whether pay fixation is to be carried out in these cases or not.	As per para 2(i) of the MoD ID No 11 (5)/2009-D (Civ-I) dated 01-12-2010, the placement of 50% of the existing HS Workers (Grade Pay Rs 2400) as HS-I Grade (Grade Pay Rs 2800) w.e.f 01-01- 2006 will be treated as promotion for the purpose of ACP. As such, the pay fixation is to be carried out in these cases.
6.	As intimated vide this HQrs letter dated 25- 11-2009, DOP&T has decided to file a writ petition in Hon’ble High Court of Madhya Pradesh against Hon’ble CAT Jabalpur Bench decision against withdrawal of scale of Rs 4500-7000 granted to MCM grade from original date of becoming MCM on grant of ACP in the sale of Rs 5000-8000. Whether decision of DOP&T to file writ petition will have any bearing/standings in light of provisions of the Govt letter dated 14-06-2010.	The decision of DOP&T to file a writ petition against Hon’ble CAT Jabalpur Bench decision against withdrawal of scale of Rs 4500-7000 granted to MCM grade is in respect of pre 01-01-2006 cases and this does not have any bearing/standings in the light of provisions of MoD letter dated 14- 06-2010.
7.	As per clarification No 1 in the MoD letter dated 01-12-2010, 50% of the existing HS category of employees will be placed as HS-I (i.e., from Grade Pay Rs 2400 to Rs 2800). This 50% may be inclusive of employees those who already got their promotion as HS-II to HS-I from the date 01-01-1996 to 19-05-2003 and got their pay fixed on promotion from the grade of HS-II to HS-I with a minimum benefit of Rs 100/- and recategorised as HS category from 20- 05-2003 because of merging of both the categories. Some of the employees of HS category will be getting benefit of FR 22 (1) (a) (i) twice for the same post of HS-II, and there is a chance of getting their pay fixed at a higher stage than the employees of HS category who become MCM and got their 2 ACP in the scale of Rs 5000-8000 prior to 01-01-2006.	PCDA (SC) Pune may be requested to forward a concrete case, if any, to substantiate their point of doubt. The other controllers may also intimate any factual cases in this regard.

This issues with the concurrence of Jt CGDA (AT—I).

For PCDA (SC) Pune

This disposes your office letters No Pay Tech/559/XVIII dated 06-08-2010, 21-10-2010, Pay/Tech/559/6th CPC/III dated 21-01-2011 and Pay/Tech/559/XIX dated 11-03-2011.

sd/-

For CGDA

Source: www.pcafys.nic.in
[http://www.pcafys.nic.in/201109.pdf]

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