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Law Assistants - 6th ( VI ) Central Pay Commission Report

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Demands

7.36.26 The   cadre   of   Law  Assistants   comprises   posts   of   Law Assistant and Chief Law Assistant in the scales of Rs.6500-10500 and Rs.7450-11500, respectively. Higher pay scales corresponding to those of Groups B & A have been demanded on the ground of high academic qualifications and specialized nature of work. Parity of Chief Law Assistant of Zonal Railways with Chief Law Assistant [redesignated as Superintendent (Legal)] who exists in the pay scale of Rs.7500-12000 has been demanded. Allowances like Out door monthly allowance, Library allowance and Court Allowance have also been sought.

Recommendations

7.36.27 Keeping in view the higher qualifications attached to the – Law Assistants post of Law Assistant, the Fifth CPC had upgraded the scale of this post by two levels. The present position is that the Law Assistant and Chief Law Assistant are placed in the two apex Group C scales. Placing the entry post of Law Assistant in Group B scale is not administratively desirable as supporting staff in the legal stream are required for attending court, liaison with advocates etc. Creation of a separate cadre is also not desirable as the Executives of the department are ultimately responsible for providing the facts and rules and the analysis and the implications of matters under litigation. Post of Chief Law Assistant of Railway Board in the scale Rs.7500-12000 is actually analogous to the post of Assistant Law Officer in the field offices existing in an identical scale of Rs. 7500-12000. Accordingly, the post of Chief Law Assistant in field offices cannot be upgraded. Instead, the feeder post of Law Assistant may be merged with that of Chief Law Assistant in the scale of Rs.7450-11500 which will also ensure that this category’s relativity vis-ŕ-vis the entry grade of Degree Engineers is maintained. Higher scale of Rs.7500-12000 cannot be recommended for Chief Law Assistant as this scale in Railways is a Group B scale and a promotion post (Assistant Law Officer) already exists in this scale. NPA for any category other than Doctors has huge implications. In present days, a large number of employees join the Government with technical qualifications. It is not possible to grant NPA to all such categories. NPA to legal staff is, therefore, not justified. Grant of Outdoor Allowance and Court Allowance is also not justified as attending courts is part of the duty attached to these posts and, therefore, the element is already included in the pay scale. Instead of Library Allowance, it would be appropriate if proper Library facilities are either created in the organisation or membership of other libraries giving such facility is taken for the use of these officers. The Commission recommends accordingly.


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