Vth Central Pay Commission has extended a benefit to its employees that whenever Percentage of Dearness Allowances reached 50 % or above 50 % shall trewated as Dearness Pay (i.e.) treated as pay for allpurposes and allowed all allowances on that portion also. Accordingly, the Central Government accepted and added 50 % DA on pay as Dearness Pay w.e.f 1st April, 2004.The VI CPC appointed for recommending beneficial scales to employees with one stroke deleted this benefit and replaced it by a Grade pay. As per FRs fitment benefit recommended shall be calculated on Pay which includes Dearness Pay. However this commission recommeded to allow 1.86 times on pay excluding Dearness pay and addeded a grade pay to the resultant pay. This grade pay is less than 50% of DA earlier drawn to few enmployees and is more to some employees.This recommendation has resulted in reduction to all employees. Government accepted this recommendation knowingly that this adversly affect employees pay structure though Staff side has not agreed. My question is, this recommendation which is a negation of a benefit extended by earlier Pay Commission is legally valid. If it is not valied what is the next course of action. Can we (emplouees) challange this in a Central Administrative Tribunal (CAT)Government appointed a a "Anomoly Cell" which is headed by same empolyees of Government and they never take quick decission and drags on years together.and if they finally the benefit will be extended prospectively. I request some learned Legel experts to advise me
Thanking You,
Chandramouliswer Ghatty cghatty@yahoo.com
