Court Cases Update
a) Removal of qualification bar for AE to ASE: Though on the face of it this case was appears to be benefiting only the AE cadre but one must appreciate that, it could have large implications on all our cadres as the basic point was doing away with stagnations and removal of qualification bar. We won the case in Lucknow CAT but lost in Lucknow bench of Allahabad high court. Then we took up the case in Supreme Court and fielded a senior advocate in addition to the one on record. Even though Supreme Court has dismissed the case they have given an observation that it is for the department to find out some ways and means to remove stagnation in AE cadre, as it will affect the efficiency. In the light of this observation some negotiations started and the CEO agreed in principle to re-open the file of Selection grade for AEs as a short-term measure and to consider promotion on the basis of differential length of service (for diploma/ B.Sc. holders). We have already submitted some data of practical stagnation and copies of grant of selection grade to similar cases in some other departments. We are trying our best to get an early solution even though it will take some time. We have demanded that AEs with 4 years service in the cadre should be granted the Selection Grade (Rs. 8000-275-13500) and further requested the O/O DG, AIR, to prepare both proposals at the earliest.
b) Pay parity for Technician with Lighting Assistant with effect
from December 1983: Even though the Technician of AIR & DD got
parity with Lighting Assistant w.e.f. 01.01.1996, it has not extended
from 1/12/1983 (the date from which it was given to Lighting Assistant).
We have filed a case for the same in the High Court at New Delhi. Next
date is 25th August 2004. We are determined to fight this case up to
the highest level at whatever cost it may be.
c) We also agree that the Newly Recruited EAs (near about
400 Nos.) fully deserve the pay scale of Rs.6500-10500 from the date
of their joining in the department. At the time of agreement on 25/02/1999,
it was understandable that we could have asked the enhanced scales for
the incumbents only. Now as these new members have joined with our family,
it is our responsibility to make our sincere efforts for extension of
the prevailing scales to all of them. As, negotiations have not been
fruitful so far, only alternative left now is legal recourse. We have
taken up the issue accordingly a case has been filed in the Principle
Bench of CAT Delhi. The case is to come up for hearing on 22nd September.
d) We are fighting another case,
now in the Supreme Court, for getting the benefit of pay scale of EA
prior to 1978.