Additional Affidavit
filed by UoI 0n 14.11.2011
*****
IN THE SUPREME COURT
OF INDIA
CIVIL ORIGINAL
JURISDICTION
I.A. No. 9 OF 2010
IN
TRANSFER PETITION
(CIVIL) No. 56 OF 2007
IN THE MATTER OF:
UNION OF INDIA & ORS APPLICANTS/PETITIONERS
VERSUS
N.K. NAIR & ORS RESPONDENT
ADDITIONAL AFFIDAVIT OF BEHALF OF UNION OF INDIA
I, Paramjit Singh Walia, aged
about 51 years, working as Under Secretary in the Ministry of Defence,
Government of India, New Delhi, do hereby solemnly affirm and declare on oath
as under:
1.
That I am working as an Under Secretary in the
Ministry of Defence, Government of India, and am acquainted with the facts of
the present case and hence, competent to swear the present affidavit.
2.
That the contents of the present affidavit are
based on official records maintained by the department and knowledge derived
there from.
3.
That during the course of hearing in the present
matter on 1.8.2011, the Hon’ble Supreme Court sought the exact
reasons/intentions behind the Fourth Central Pay Commission’s illustrative
examples given in Para 28.113 where Rank Pay has been deducted during the
fixation of revised pay whereupon the Government issued Special Army
Instructions (SAI) 1/S/1987 dated 26.5.1987/23.6.1987. Para 28.113 and relevant
extracts from Special Army Instructions 1/S/1987 are separately annexed
herewith as ANNEXURE AA-1 and ANNEXURE
AA-2.
The
Respondents contend that Rank Pay was incorrectly being deducted as per SAI
dated 23.6.1987 while fixing the initial pay in the revised integrated scale.
It is the Union of India case that this was done in line with Para 28.113 of
the Fourth Central Pay Commission’s recommendations read with illustrations
thereto. The rationale for first deducting Rank Pay while calculating the pay
in the integrated scale lies in the history behind the fixation of pay scales
of Armed Forces officers which is explained as under.
4.
It is respectfully submitted that the Third
Central Pay Commission was the first Pay Commission to enquire into the
structure of emoluments of both the civilian employees as well as Armed Forces
personnel of the Union. In the past the latter enquiry was entrusted to the
departmental committees which included representatives of Armed Forces also (sic). Special Disturbance Allowance was
given to the Defence Forces in 1950 as a temporary measure to improve their
earnings without interfering with the pay scales introduced as per the
recommendations of the Post War Pay Committee which had brought down the pay
scales of many Indian Commissioned Officers (ICOs) when its recommendations
were implemented w.e.f. 1.7.1947. At that time, many of the ICOs were being
brought down from their wartime scales of pay to the new scales and the grant
of this concession among others helped to afford some relief to these officers.
5.
Thus, it is seen that immediately before the
Third Central Pay Commission period, the Service officers up to the rank of
Brigadier/equivalent in three Services were entitled to a Special Disturbance
Allowance @ Rs 45/- per month in addition to the basic pay.
6.
The Services then proposed to the Third Central
Pay Commission for revising the rates of Special Disturbance Allowance to Rs
100 per month for the officers in the ranks of Captain and below/equivalent and
to Rs 150 per month for Major and above/equivalent in three Services. The
Services justified their proposal due to the turbulence of service life and the
liability to move at short notices which, due to its uncertainty, imposes
emotional stresses and strains on the Service officer and his family.
7.
The Third Central Pay Commission examined the
matter and recommended as under:
“…… the extent of turbulence offset by the
facilities available does not provide sufficient justification for the
retention of the Special Disturbance Allowance. We also have to point out that
this allowance is not related to the degree of turbulence, but is being granted
to all Service officers up to and including the rank of Brigadier, and no
distinction is made as between officers serving in various branches or between
married and single officers. We are convinced that the continuance of a Special
Disturbance Allowance as a separate entity is unjustified because it is
generally admissible to all but the highest ranks, and because of the other
factors detailed above. We would, however, hesitate to recommend total
abolition of this longstanding allowance as it may result in an immediate loss
of emoluments. We have accordingly recommended a higher starting salary for
Commissioned Officers as compared to Officers of the Civilian Class I Service,
and have also taken the existing rate of this allowance into account in fixing
the new scales of pay” (Extracts from Para 18 of Chapter 50 of the Report
of the Third Central Pay Commission.)
8.
Further, in the matter of fixation of pay, The
Third Central Pay Commission, in Para 2 of Chapter 54 of its Report,
recommended that the rules for fixation of pay of the existing Armed Forces
personnel should follow the pattern recommended by the Pay Commission for the
civilian employees. In the next Para (Para 3 of Chapter 54), the Pay Commission
very categorically stated that the ‘emoluments’ for the purpose of initial pay
fixation for these Defence Forces officers in the revised scales should include
basic pay of rank, dearness pay, dearness allowance, interim relief and Special
Disturbance Allowance. The last component was not there in the case of
corresponding civilian officers. Relevant extracts taken from the Report of the
Third Central Pay Commission are collectively annexed as ANNEXURE AA-3.
9.
The above recommendations of the Third Central
Pay Commission were accepted by the Government. The pay drawn by the Armed
Forces officers and that drawn by correspondingly placed civilian officers are
given below:-
|
Armed Forces Officers
|
Civilian Officers
|
|
Captain (with 10 years of
service) Rs 1400
|
Senior Time Scale (STS)
Officer Rs 1250
|
|
Major (with 12 years of
service) Rs 1550
|
STS Officer Rs
1350
|
|
Lt Col (at minimum stage in the
scale of pay)
Rs 1550
|
Junior Administrative Grade
(JAG) Officer
Rs 1350
|
|
Colonel (at minimum stage in
the scale of pay)
Rs 1950
|
JAG Officer Rs
1800
|
|
Brigadier
Rs 2300
|
Non-Functional Selection Grade
(NFSG) officer
Rs 2250
|
It is, thus,
abundantly clear that the pay as re-fixed for the Service officers upto the
rank of Brigadier/equivalent in three Services on the basis of the
recommendation of the Third Central Pay Commission was already higher than the
pay drawn by the correspondingly placed officers on the civilian side. The
difference was due to inclusion of an additional element in lieu of the Special
Disturbance Allowance which till then was being granted separately.
10. It
is respectfully submitted that at the relevant time (1986) where the Fourth CPC
was examining the matter, there was the system of time scale promotion upto the
rank of Lt Col (Time Scale) based on the length of service and subject to
qualifying in prescribed examinations, etc and promotions to the higher ranks
were done by selection and with reference to the availability of the posts.
Before 1986, there were separate pay scales for the posts of Colonel,
Brigadier, and Major General but the posts of Lt General and General were
placed on fixed pay. The Services in their joint proposal to the Fourth Central
Pay Commission proposed a running pay band for all officers covering a time
span of 33 years with separate Rank Pay proposed for each successive rank on a
cumulative basis. The Pay Commission gave careful consideration to the joint
proposal and taking into account the organisation structure and requirements of
services, an integrated pay scale (Rs 2300-100-4200-EB-100-5000) was
recommended for all officers upto the rank of Brigadier and equivalent in the
three Services with an additional element of Rank Pay. The Government examined
the matter and further improved the integrated pay scale to Rs
2300-110-3900-150-4200-EB-150-5100) for these officers. Even the rates of Rank
Pay recommended for Major, Lt Col and Col ranked officers were increased by the
Government.
11. As
such, the concerned Defence Forces officers were already drawing their pay with
an edge over their counterparts on the civilian side in the period before
1.1.1986 i.e. the date when the Fourth Central Pay Commission recommendations
were implemented. It may also be added here that the Fourth Central Pay
Commission after carefully considering the matter decided to fix a minimum of
pay in the integrated scale for each rank from 2nd Lt (the first
rank of the Commissioned Officer in the Army at the relevant time) to
Brigadier/equivalent in three Services. No such minimum fixation of pay was
provided in the case of civilian employees as they were instead given
individual pay scales. These Services officers were then given an additional
Rank Pay over and above the minimum scale of pay for the respective rank. Thus,
the fact of granting them additional element of Rank Pay was also considered by
the Fourth Central Pay Commission, while fixing the minimum pay of the officers
from Captain to Brigadier/equivalent in three Services as brought out in Annexe
28.1 to the Paragraph 28.113 (ANNEXURE
AA-1).
12. I
humbly state and submit that a perusal of the above would clearly show that the
Service officers up to the rank of Brigadier/equivalent in three Services were
already having an edge in the pay which was granted by the Third Central Pay
Commission, in lieu of Special Disturbance Allowance which these officers were
receiving since 1950s. Therefore, before granting another edge in the form of
Rank Pay, it was imperative to remove the earlier edge, as recommended by the
Fourth Central Pay Commission. Moreover, the methodology of fixing pay as
prescribed in Para 28.113 of the Fourth Central Pay Commission’s Report cannot
be held to (be) unjustified and did not place the concerned officers in any
disadvantageous position as an amount representing 20% of the basic pay as
fitment benefit was already added to the existing emoluments of an officer as
per Para 30.2 of the Fourth CPC Report. Para 30.2 of the Fourth CPC Report is
annexed herewith as ANNEXURE AA-4.
Thus the grant of an additional element of Rank Pay, over and above the pay so
fixed, would have resulted in double benefit to such officers, which was not
obviously the intention of the Fourth Central Pay Commission. Further, this
would result in undue advantage vis-à-vis the Personnel Below Officers Rank in
the Defence Forces themselves who were also only granted fitment benefit of 20%
of the basic pay at the time of revision of pay scales. In addition, the
relativities in the pay structure of the armed forces officers vis-à-vis their
civilian counterparts would have got disturbed to whom only a fitment benefit
of 20% of basic pay was granted by the Fourth Central Pay Commission.
13. It
is also respectfully submitted that Rank Pay though paid separately in addition
to the Basic Pay has been treated all along as part of the Basic Pay for
payment of a number of allowances, i.e. House Rent Allowance, Dearness
Allowance, etc. Rank Pay is also taken into account for payment of all
retirement benefits, including pension. Hence, no financial harm happened to
the concerned officers. It is further submitted that the Hon’ble High Court of
Kerala has incorrectly directed on non-deduction of Rank Pay in the case of the
illustrations appended to Para 28.113 in the Fourth Central Pay Commission
Report. It is submitted that none of the Armed Forces officers including
Respondents herein had challenged or ever have challenged the recommendations
of the Fourth Central Pay Commission or the illustrations appended to Para
28.113 of its Report. It is well settled that no rectification contrary to law
can be granted. In the instant case if the directions of the Hon’ble High Court
are to be followed, it would amount to giving a go-bye to the illustrations
annexed to Para 28.113 of the Fourth Central Pay Commission Report. It is for
this reason, it is respectfully submitted that the directions of the Hon’ble
Court dated 8.3.2010 be suitably modified/recalled, so that the Armed Forces
officers may get their dues strictly as per recommendations of the Fourth
Central Pay Commission which were accepted by the Government.
14. The
practice of granting Rank Pay in addition to the Basic Pay was continued even
by the Fifth Central Pay Commission though the integrated pay scale was changed
to individual pay scales for each rank. The methodology adopted by the Fifth
Central Pay Commission for fixing the pay of the armed forces officers in the
revised pay scales was identical to the one adopted by the Fourth Central Pay
Commission as may be seen from the illustrations contained therein. Relevant
extracts from the Fourth and Fifth Central Pay Commission Reports are annexed
at ANNEXURE AA-4 and AA-5 respectively.
It is clear therefrom that after adding 20% fitment benefit to the existing
emoluments, the pay in the revised scales was fixed after deducting Rank Pay.
The Rank Pay was then paid in addition to the Basic Pay.
15. It
is also respectfully submitted to the Hon’ble Court that the fact about
converting Special Disturbance Allowance into an edge in the pay of Defence
Forces officers vis-à-vis the civilian Group A officers by the Third Central
Pay Commission has also been mentioned in Para 2.3.10 of the Report of the
Sixth Central Pay Commission. On the introduction of Rank Pay by the Fourth
Central Pay Commission, the Sixth Central Pay Commission observed as under:
“The Fourth CPC had continued this edge in
devising the running pay band for Defence Forces officers up to the rank of
Brigadier and had revised the integrated pay scale taking in (to) account the
time taken ….
The rest of page including Para 16 is
missing from the Reply to RTI.
Para 17…………… continued
Resolution dated 18.3.1987 wherein the Government took decision to
implement recommendations of the Fourth Central Pay Commission for the officers
of the Armed Forces. Relevant Extracts of the Resolution dated 18.3.1987 are
annexed to this Affidavit as ANNEXURE
AA-7. In this Resolution, wherever Govt. did not agree to the specific
recommendation of the Pay Commission and improved/changed it, it (i.e. the
change) was specifically indicated in column 3 of the statement appended to the
Resolution. For example – in entry at S. No. 1 (a) relating to integrated scale
of pay Rs 2300-100-4200EB-100-5000 as recommended by the Fourth Central Pay
Commission , it has been indicated in column no.3 that this recommendation has
been accepted by the Government with improvements at certain stages in the
integrated scale of pay (accepted pay scale being Rs.
2300-100-3900-150-4200-EB-150-5100). Similarly, in the entry at S No. 1 (b)
relating to Rank Pay, column 3 showed that Rank Pay amounts for Major, Lt Col and Col ranked officers were
increased by the Govt by Rs 200. However, against entry at S No. 28 relating to
fixation of pay (Para 28.113 of the Fourth Central Pay Commission Report) this particular
Para has been shown to have been accepted by the Govt. without any change as is
evident from column 3. Therefore, the acceptance of the Govt. covers the
para(graph) in its entirety including the illustrative examples and statement
given in Annexure 28.1 prescribing minimum pay for all ranks up to
Brig/equivalent in three Services. Any other interpretation of the Government’s
acceptance of this particular para(graph) would not seem proper and would also
not go in line with the intention of the Fourth Central Pay Commission.
18. Till
date, six Pay Commissions have been appointed by the Government and they have
given their reports which have been implemented. All these commissions have
been headed by a retired judge of the Hon’ble Supreme Court as indicated below:
First (1947) The
Hon’ble Sir Srinivasa Varadachariar,
ex-Judge of the Federal Court
Second (1957) Sh.
Justice J Jagannadha Das, ex-Judge of the Hon’ble Supreme Court
Third (1970) Sh.
Justice Raghubar Dayal, ex- Judge of the Hon’ble Supreme Court
Fourth (1983) Sh.
Justice P.N. Shinghal, ex-Judge of the Hon’ble Supreme Court
Fifth (1994) Sh.
Justice S. R. Pandian, ex- Judge of the Hon’ble (Supreme ) Court
Sixth (2006) Sh.
Justice B. N. Srikrishna, ex-Judge of the Hon’ble Supreme Court
These Pay Commissions are a device by which an independent body
investigates the demands of Central Government employees and submits its
recommendations which are binding on both Government and its employees. They
provide an opportunity for a periodic review by an outside body in whom both
the Government and the employees have confidence. Regarding the jurisdictions of the Pay
Commission, the Hon’ble Supreme Court has repeatedly held the view that
equations of job evaluations or equation of pay or determination of pay scales
are the primary functions of expert bodies like the Pay Commission with which
normally the Courts should not interfere except on any of the grounds of unjust
and arbitrary state action or inaction or on any grave error having crept in
while fixing the pay scales which may warrant the interference of the Court
[Secretary, Finance Department & Ors Vs. West Bengal Registration Service
Association & Ors 1993 (Supp) (1) SCC1]. In the instant case, the
Government has faithfully examined the recommendations of the Fourth Central
Pay Commission as contained in Para 28.113 of its Report, improved upon them
and then accepting them. The change as ordered by the Hon’ble Court vide order
dated 8.3.2010 will result in reopening other such cases. As the contents of
this affidavit show the concerned Officers in the Armed Forces have not been
financially harmed in any way and Rank Pay as recommended by the Fourth Central
Pay Commission and then improved upon by the Government has been allowed to
them w.e.f. 1.1.1986 itself in addition to their Basic Pay in the integrated
scale as per the explicit recommendations of the Fourth Central Pay Commission.
As such there was no error on the part of the Fourth Central Pay Commission
while making the specific recommendations or on the part of the Government in
faithfully implementing these recommendations to achieve the objectives
intended by the Fourth Central Pay Commission. Interpreting the recommendations
in another manner would result in re-calculating pay scales of all officers of
the Armed Forces and pension of retired officers, Financial implications in
respect of Armed Forces alone have been found to be more than Rs 1600 crore.
Though Rank Pay is not applicable in respect of civilian personnel, certain
changes in pay and pension admissible to them would also have to be carried out
resulting (in) an additional outgo of Rs 6000 crore approximately from the
public exchequer. Rather changing the equation now, would result in
re-calculation of pay scales of Armed Forces officers as well as civilian
officers since 1986 itself, entailing financial outgo of more than Rs 7600
crore from (the) national exchequer for no fault on Government’s part. Needless
to say, implementing the Hon’ble Court’s order dated 8.3.2010 (which is sought
to be modified/recalled in the instant IA) would bring up more of such cases
from all Govt. personnel before Courts.
19.
It is, thus submitted that the Government has
acted strictly in accordance with the recommendations of the Fourth Central Pay
Commission which were duly accepted by the Government and no dilution
whatsoever has been made. Rather the Government has carried out certain
improvements in the matter of pay scales and the rates of Rank Pay as mentioned
in Para 10 of this Affidavit.
20.
I further state that the facts as stated in the
present affidavit are true and correct to the best of my official knowledge
which in turn is based on records maintained and nothing material has been
concealed therefrom.
DEPONENT
VERIFICATION:-
I, the above named deponent do hereby solemnly affirm and
verify that the contents of the present affidavit are true and correct within
my information gathered by me from the records nothing material has been
concealed therefrom.
Verified on this 14th day of November 2011 at New Delhi
DEPONENT
ANNEXURE AA-1
Extracts from the
Report of the Fourth Central Pay Commission
(Para 28.113)
Fixation of pay in
the proposed scales
28.113: In chapter 30 we have recommended the method for fixation
of pay in proposed scales for civilian employees, we recommend that the same
method may be adopted for fixation of pay of armed forces also. Since rank pay
is a separate element for officers upto the rank of Brigadier and equivalent,
the same may be taken into account while fixing pay in the integrated scale of
pay recommended by us. An illustration showing the pay in the integrated scale
of pay for army officers of different ranks is given in Annexe 28.1. The
following illustrations indicate the manner in which pay should be fixed for
armed Forces personnel.
Illustration No.1
1. Rank Captain
2. Existing basic pay Rs
1300.00
3. DP/ADA on basic pay at index
average
608 and interim relief Rs
1650.00
4. Existing emoluments Rs
2950.00
5. Add 20% of basic pay Rs 260.00
Total Rs 3210
6. Pay to be fixed in integrated
scale Rs 3100 + Rank
pay Rs 200
Illustration No. 2
1. Rank Major
2. Existing basic pay Rs
1600.00
3. DP/ADA on basic pay at index
average
608 and interim relief Rs
1740.00
4. Existing emoluments Rs
3340.00
5. Add 20% of basic pay Rs 320.00
Total Rs
3660.00
6. Pay to be fixed in integrated scale Rs 3400+ Rank Pay Rs 400/-
(as
minimum pay for rank of Major is
Rs
3400/- in integrated scale)
Illustration No. 3
1. Rank Lt
Col (Time scale)
2. Existing basic pay Rs
1900.00
3. DP/ADA on basic pay at index
average
608 and interim relief Rs
2037.00
4. Existing emoluments Rs
3937.00
5. Add 20% of basic pay Rs 380.00
Total Rs
4317.00
6. Pay to be fixed in integrated scale Rs 4000/- + Rank pay 400/- for rank of Major
Illustration No. 4
1. Rank Brigadier
2. Existing basic pay Rs
2200.00
3. DP/ADA on basic pay at average
index
608 and interim relief Rs
2346.00
4. Existing emoluments Rs
4546.00
5. Add 20% of basic pay Rs 440.00
Total Rs
4986.00
6. Pay to be fixed in integrated
scale Rs 4600 + Rank
pay 1200/- (as
the minimum pay admissible for the rank of
Brigadier is Rs 4600/- in integrated scale)
ANNEXURE AA-2
Extracts from Special Army Instructions 1/S/1987
“6. Fixation of initial pay in
the revised scales will be regulated as follows: -
(a) (i) An amount representing 20 per cent of the
basic pay in the existing scale shall be added to the ‘existing emoluments’ of
the officer.
(ii) After the
existing emoluments have been so increased, an amount equivalent to the rank pay, if any, appropriate to the
rank held by the officers on 01 January 1986 at the rates prescribed in Para 3
(a) (ii) above, will be deducted. Thereafter, the officer’s pay will be fixed
in the revised scale at the stage next above the amount thus computed.
In case the stage of fixation falls below the minimum pay for the rank held by
the officer on 01 January 1986 as prescribed in the tables below, the pay will be stepped up to such
minimum provided the officer has completed the length of reckonable
commissioned service indicated in the same table.
|
Rank
|
Minimum pay in the
integrated scale
|
Completed years of service
|
|
(aa) Officers of all Arms and
Services (except AMC, ADC, RVC and MNS: -
|
||
|
Lt
|
2500
|
2
|
|
Capt
|
2800
|
5
|
|
Major
|
3400
|
11
|
|
Lt Col (Selection)
|
3900
|
16
|
|
Colonel
|
4500
|
20
|
|
Brigadier
|
4950
|
23
|
*****
ANNEXURE AA-3
Extracts from the Report of the Third Central Pay Commission
CHAPTER 48
REFERENCE AND
PROCEDURE
Terms of Reference
Our terms of reference in
relation to the Armed Forces read as follows:-
“The
Commission will be required to enquire into and make recommendations on-
(v) the
structure of emoluments including benefits in cash and kind and
death-cum-retirement benefits of personnel belonging to the Armed Forces,
having regard to their terms and conditions of service.”
It is seen that these terms
differ somewhat from the terms applicable to Central Government employees in
general, and we are not required to make recommendations on the conditions of
service of the Armed Forces personnel but are expected to take them as given.
Accordingly, we have refrained from suggesting any changes for Service
personnel as respects methods of recruitment, qualifications, training, terms f
engagement, the rank structure, age of retirement, leave entitlements etc.
Moreover, we have re-examined the various criteria attached to the grant of
allowances and benefits only where we considered it necessary for proper
scrutiny of specific proposals made by the Service Headquarters. Where an
allowance or benefit appeared to us as being a general addition to pay, we have
closely examined the desirability of its continuance as also the feasibility of
including it in pay itself.
XX XX XX
Special Procedure Adopted for
Armed Forces
5. It is for the first time that
a Pay Commission has been asked to enquire into the structure of emoluments of
both the civilian employees of the Government and the Armed Forces personnel.
In the past, the latter enquiry was entrusted to departmental committees which
included the representatives of the Services also.
6. While devising our procedure
of work, we were keen that Services personnel, like civilian employees, should
have the opportunity to represent their case before us. We, therefore, requested the Ministry of Defence to consider permitting
Servicemen to submit memoranda in response to the press notices issued by us in
June-July 1970 as also to tender evidence before us in their personal capacity.
We were, however informed that the requirements of military discipline and
tradition would not admit such an approach (emphasis by blog post author).
In fact, the Defence Services Regulations specifically prohibit
representations on military matters except through normal Service channels…..
For the specific purpose of formulating proposals for our consideration,
special Cells were therefore created in each Service Headquarters ……….Our
examination of the proposals received from the Services and discussions with
senior Service officers and the Services Chiefs have satisfied us that the
Servicemen’s interest have not suffered on account of the absence of
representations either individually or collectively by Servicemen.
7. The Ministry of Defence also
set up an Expert Cell in August 1970, comprising three senior Service officers
of the level of Major General and two civilian officers from the Ministries of
Defence and Finance. The Expert Cell was asked to “scrutinise, coordinate, and
integrate proposals received from Service Headquarters …..into a common and
comprehensive inter-services pattern, before their submissions to the Pay
Commission.”
XX XX XX
8. Besides the official proposals
formulated by the Services, we received valuable suggestions in the replies to
our Questionnaire given by two former Service Chiefs – General P.P.
Kumaramangalam and Admiral A.K. Chatterjee. At our request, they were good
enough to meet the Commission for discussions.
XX XX XX
CHAPTER 50
SERVICE OFFICERS PAY
8. The Post War Committee had
explained that they framed their proposals for Service officers “having regard
to the recommendations of the Central Pay Commission and particularly to the
scales proposed for the Class I and all-India Police Service.” There proposals
were formally approved by the Service Headquarters. The Raghuramaiah Committee
which was appointed after the Second Pay Commission mentioned as follows: -
“We consider that the accepted
parallel between Defence Services officers and Class I Service of the Central
Government, particularly the Indian Police Service should be continued.” We
find that on both these bodies the Services were represented and it is thus
evident that the existing relativity between Service officers and the officers
of Class I and the IPS came to be established by bodies on which the Services
were fully represented so that the Service Headquarters should be deemed to be
parties to the conclusion arrived at. It is only from 1962 when the maximum of
the Major’s scale was fixed at the same level as that of the senior scale of
the IPS (which was made slightly higher than the senior scale of Class I
Central Services) that this broad relativity acquired a new preciseness and
modification of the IPS scales became the raison d’etre for changes in the
Armed Forces scales at corresponding levels.
XX XX XX
11. We have earlier expressed our
view that it is not necessary that each special factor of Service life should
be recompensed by the grant of an allowance. Thus, the factors affecting
Service officers generally should be compensated for in pay itself, unless
there is considerable variation as between one group of officers and another.
In this connection, we have examined in particular the need for continuing with
the grant of Special Disturbance Allowance to all Service officers, whether
married or single, up to and including the rank of Brigadier. The Special
Disturbance Allowance, as its name implies, has been granted as a compensation
for turbulence in Service life. The allowance was first introduced in 1950 at
the rate of Rs 30 p.m. The rate was revised in the year 1970 to Rs 45 p.m as a
measure of immediate relief to Service officers, without prejudice to the
recommendations of the Pay Commission.
12. The Services have asked for
the grant of Special Disturbance Allowance at higher rates of Rs 100 per month
for officers in the ranks of Captain and below and Rs 150 per month for Majors
and above. The proposal has been unjustified because of the turbulence of
Service and the liability to move at short notice which, due to its uncertainty, imposes emotional stresses
and strains on the Service officer and his family.
13. We have tried to ascertain the
circumstances in which this allowance came to be granted and find that it was
part of several concessions granted in the year 1950 as a temporary measure to
improve the earnings of Service officers without interfering with the pay
scales introduced on the recommendations of the Post War Pay Committee. At that
time, many ICOs were being brought down from their war-time scales of pay to
the new scales and the grant of this concession among others helped to afford
some relief to these officers.
14. To get a clear idea of the
extent of turbulence in the life of a Service officer, we requested the
Ministry of Defence to undertake a study on the basis of a random sample of
officers having 20 to 23 years of service after 1947.
XX XX XX
16. We have also analysed the
data relating to the period 1947-70 furnished by the Ministry of Defence to
assess the length of time spent in the field areas by the Service officers in
the different Services. In the Army, the average period of service in the field
areas is the highest in the case of the Infantry, followed by the Corps of
Signals and the Armoured Corps. In case of Infantry, the average period spent
in the field areas, inclusive of the time spent by officer at home on 2 months
annual leave, works out to less than one-third of the entire length of service.
Thus, even in the case of the infantry officers more than two-third of the
service period on an average is spent in a peace station. Army officers in
certain Corps and Service, on an average, spend very little time in the field
areas. In the Navy, officers of the Executive Branch serve at sea for longer
periods than others and, on an average, the period spent in establishments
afloat works out to more than one-third of the total length of service. In the
case of Air Force, the period spent in field areas has not much meaning as it
is only during operations or alert that an Air Force Station is generally
declared as a filed area. Accordingly, the average time spent by Air Force
officers in field areas is much less than the other two Services.
17. It is of course true that the
extent of turbulence of Service life depends largely on extraneous
circumstances such as military postures of other countries and operational
needs. During the period for which we have obtained data, the level, of
operational activity has not been abnormally low, and it might be reasonable to
assume that in future also there will be no great change. On this assumption,
it would be difficult to say that the extent of turbulence in the Armed Forces
is such as to justify an increase in the existing rate of Special Disturbance
Allowance as has been demanded. It should also be recalled that when Service
officers are posted to field areas they are entitled to certain special
benefits, such as the grant of Separation Allowance for married personnel and
provision of free food and accommodation in the field area. On transfer to a
peace station, if married accommodation is not available at the new place of
posting, the family can retain accommodation at the old station. Further, in
such cases the officer himself is entitled to free single accommodation in the
new station. We are of the view that the facilities available to the Service
officers are additional factors which preclude any increase in the Special
Disturbance Allowance.
18. On the other had, it appears
to us that, taken as a whole, the extent of turbulence offset by the facilities
available does not provide sufficient justification for the Special Disturbance
Allowance. We also have to point out that this allowance is not related to the
degree of turbulence, but is being granted to all Service officers up to and
including the rank of Brigadier, and no distinction is made as between officers
serving in various branches or between married and single officers. We are
convinced that the continuance of a Special Disturbance Allowance as a separate
entity is unjustified because of the other factors detailed above. We would,
however, hesitate to recommend total abolition of this longstanding allowance
as it may result in an immediate loss of emoluments. We have accordingly
recommended a higher starting salary for Commissioned Officers as compared to
officers of the Civilian Class I Service, and have also taken the existing rate
of this allowance into account in fixing the new scales of pay.
XX XX XX
CHAPTER 54
FIXATION OF PAY IN
THE PROPOSED SCALES AND COST OF RECOMMENDATIONS
XX XX XX
3. In the case of Service
officer, “emoluments” for the purpose of initial pay fixation in the revised
scales should include basic pay of rank, dearness pay, dearness allowance,
interim relief and Special Disturbance Allowance ……………..
4. Our recommendations in regard
to the revised pay scales for the various groups of Service Officers are in the
form of substitute tables, stage by stage, for the existing tables of pay
scales for the corresponding categories………..
XX XX XX
ANNEXURE AA-4
Extracts from the Report of the Fourth Central Pay Commission
(Para 30.2)
“We have given careful consideration to all these
suggestions. Taking all factors into account we recommend that pay of employees
may be fixed in the proposed scales of pay in the following manner: -“
(i)
For all employees, an amount representing 20 per
cent of basic pay in the existing scale subject to a minimum of Rs 50/- may be
added to the “existing emoluments.” Pay may thereafter be fixed in the proposed
scale at the stage next above the emoluments thus computed. If the minimum of
the proposed scale is more than the amount so arrived at, pay may be fixed at
the minimum of the proposed scale. For this purpose the term “existing
emoluments” will include the following: -
(a) basic pay in the existing
scale,
(b) dearness
pay, additional dearness allowance, and ad hoc dearness allowance appropriate
to the basic pay admissible at index average 608 (1960 = 100), and
(c) amounts of
first and second instalments of interim relief admissible on the basic pay
referred to in (a) above
(ii) In case
of employees who are in receipt of special pay in addition to pay in existing
scale and where the existing scale of pay with special pay has been replaced by
a scale without any special pay, pay may be fixed in the proposed scale in
accordance with provisions of paragraph 30.2 (i) except ….. (c) DP/ADA/Ad hoc
DA and special pay ……
(iii)In case
of employees who are in receipt of special pay in addition to pay in existing
scale and where the existing scale of pay with special pay continues in the
proposed scale in accordance with provisions of paragraph 30.2 (i) above after
excluding the existing special pay and the amounts admissible thereon such as
DP/ADA/Ad hoc DA…….
(iv) In case
of medical officers who are in receipt of non-practising allowance, pay may be
fixed in the proposed scale in accordance with provisions of paragraph 30.2 (i)
above except that in such cases the terms “existing emoluments” will not
include NPA as existing rates and will comprise ……
In such cases,
NPA at the new rates may be drawn in addition to pay in the proposed scale.
(v) If the pay of government employees gets bunched on fixation in the
proposed scales, the pay in such cases may be stepped up in the manner provided
under the Central Civil Services (Revised Pay) Rules, 1973.
XX XX XX
ANNEXURE AA-5
Extracts from the Fifth Central Pay Commission Report
148
Fixation of Pay in
Proposed Scales
148.1 Background. We have made recommendations with regard to fixation of pay in the proposed scales in respect of
civilian employees in the relevant chapter The method of pay fixation on
revision of pay adopted by earlier
Pay Commissions for civilians and service personnel was more or
less identical. The Fourth CPC while following a similar
dispensation for civilian and Service Personnel had given specific illustrations
of the manner in which pay for service personnel should be fixed especially in
the context of the introduction of integrated pay scales for Service Officers,
148.2. Our recommendations. We have deliberated over the manner in
which service pays should be fixed and in order to ensure equality of treatment
suggest that the method of fixation of
pay on revision recommended for civilian employees may also be adopted for
service personnel. For Service Officers upto the rank of Brigadier who are
to be brought on to regular scales of pay from the existing integrated scale,
we suggest that for fixation of pay the existing rank pay maybe be taken into
account but pay in revised scales be fixed after deducting the revised amount
of rank pay. While the method of fixation and illustrations given for civilians
would apply mutatis mutandis to PBOR and Service Officers of the rank of Major
General and above, the following illustrations indicate the manner in which pay
should be fixed for armed forces officers up to the rank of Brigadier:
Illustration No.1
1. Rank Major
2. Pay + Rank pay (Rs 3400 + 600) Rs 4000
3. Stage in the scale 1st
stage
4. DA at index avg 1510 + interim relief Rs 5680
5. Existing emoluments Rs
9680
6. Add 20% of Pay +Rank pay Rs 800
7. Total Rs 10480
8. Pay after deducting revised Rs 9280
Rank pay of Rs 1200
9. Pay in Revised scale Rs
11600 + Rs 1200 Rank Pay
Illustration No 2
1. Rank Lt
Colonel
2. Pay + Rank pay (Rs 4500 + 800) Rs 5300
3. Stage in the scale 7th
stage
4. DA at index avg 1510 + interim relief Rs 6513
5. Existing emoluments Rs
11813
6. Add 20% of Pay +Rank pay Rs 1060
7. Total Rs 12873
8. Pay after deducting revised Rs 1173
Rank pay of Rs 1600
9. Pay in Revised scale Rs
13900 + Rs 1600 Rank Pay
Illustration No.3
1. Rank Colonel
2. Pay + Rank pay (Rs 5100 + 1000) Rs 6100
3. Stage in the scale 5th
stage
4. DA at index avg 1510 + interim relief Rs 7370
5. Existing emoluments Rs
13470
6. Add 20% of Pay +Rank pay Rs 1220
7. Total Rs 14690
8. Pay after deducting revised Rs 12690
Rank pay of Rs 2000
9. Pay in Revised scale Rs
15550 + Rs 2000 Rank Pay
XX XX XX
ANNEXURE AA-6
Extracts from Sixth Central Pay Commission Report
Analysis
2.3.10 The following facts emerge from the history
of the rank structure of officers in the Defence Forces: -
(i) A broad parity has always
existed between the pay scales of Defence Forces officers and civilian group A
services in general and with IPS in particular.
(ii) Special Disturbance
Allowance was given to the Defence Forces officers in 1950 as a temporary
measure to improve their earnings without interfering with the pay scales
introduced as per the recommendations of the Post War Pay Committee which had
brought down the pay scales of many Indian Commissioned Officers (ICOs).
(iii) An edge was provided by the
Third CPC in the Defence Forces officer’s pay scales because the Commission had
converted the then Special Disturbance Allowance into an edge in starting pay
vis-à-vis the civilian group A officers.
(iv) The Fourth CPC had continued
this edge in devising the running pay band for Defence Forces officers up to
the rank of Brigadier and had revised the integrated pay scale taking into
account the time taken for promotion to different pay scales. The element of
rank pay was carved out of the pay scales so revised after giving the edge
vis-à-vis civilian group A officers.
(v) The Fifth CPC maintained this
edge even though it reverted from running pay bands to individual pay scales
for various officers’ ranks in the Defence Forces,
(vi) The edge in the Defence
Forces pay scales for their officers is on account of the Special Disturbance
Allowance. Otherwise, the established relativity of the posts of the posts of
Major General and Brigadier is with SAG and DIG pay scales of civilians/police
forces respectively.
(vii) The Defence Forces had
sought running pay band up to the post of Major General before the Fourth CPC.
The Commission, however, conceded the running pay band only up to the post of
Brigadier/equivalent.
(viii) The Fifth CPC had not
recommended running pay in Defence Forces on account of the repercussions it
would have had on civilian pay scales,
XX XX XX
ANNEXURE AA-7
Extracts from the Government Resolution dated 18.3. 1987
MINISTRY OF DEFENCE
New Delhi, the 18th March, 1987
RESOLUTION
No. 1 (E): - The decisions of the
Government of India on the recommendations of the Fourth Pay Commission
relating to personnel below officer ranks of the Armed Forces were notified in
the Ministry of Defence Resolution No. 1 (E) dated 4th October 1986.
Government have now given careful consideration to the recommendations of the
Commission relating to structure of emoluments and allowances of Commissioned
Officers and have decided that recommendations of the Commission in respect of
these shall be accepted broadly, subject to the modifications mentioned below:-
1.
Pay Scales
(i) Integrated
pay scale for officers up to the rank of Brigadiers (including AMC, ADC and RVC
Officers, but, excluding Military Nursing Service Officers) and equivalent in
the Navy and the Air Force would be Rs 2300-100-3900-150-4200-150-5100. In
addition to pay in the integrated scale, rank pays will be admissible as under:
-
|
Rank
|
Amount of Rank Pay
(Rs. Per month)
|
|
Captain
|
200
|
|
Major and equivalent
|
600
|
|
Lt Col
(Selection ) and equivalent
|
800
|
|
Colonel and equivalent
|
1000
|
|
Brigadier and equivalent
|
1200
|
(ii) Officers
commissioned in the AMC as Lieutenants will start at the stage Rs 2600/-; those
appointed as Captains will start at Rs 2700. Officers commissioned in as
Lieutenants in ADC and RVC will start at Rs 2600/-.
(ii)
Lt Gen and equivalent:- Rs 7300-100-7600
(iii) MNS
Officers up to the rank of Colonel will have an integrated pay scale of Rs
2200-100-4200-EB-100-4500. Degree holders in Nursing will start at the stage of
Rs 2300/- and Diploma holders will start at Rs 2200/-. Pay scale of Brigadier
will be Rs 4600-100-5000 and that of Maj General will be Rs 5100-150-5700. There
will be no rank pay for MNS officers.
II. Recommendations relating to
other matters.
(i) It has
been decided to extend the scheme of stagnation increment, recommended by Pay
Commission, to officers of the Defence Services maximum of whose pay scale does
not exceed Rs 6700 in the revised scale subject to certain conditions.
(ii) The
recommendations of the Commission relating to fixation of pay, grant of
allowances, date of effect, etc, shall be accepted broadly after extending,
wherever applicable, to Service officers, the improvements which have been
accepted in regard to personnel below officer rank.
2. In view of the need for
containing inflationary trends, Government hope that Service Officers will
voluntarily make a special deposit of the arrears of pay on account to the
above decisions for the period beyond March, 1986, also in their provident fund
account.
3. The decisions taken by the
Government accordingly on the various recommendations of the Commission in
respect of Service officers are indicated in the statement annexed to this
Resolution.
4. The recommendations made by
the Commission, which are not included in the Annexure are being examined by
Government and decisions thereon will be notified separately.
V.N. Bahadur, Jt Secy
Statement showing the recommendations of the Fourth Central Pay
Commission relating to Armed Forces Officers and Government Decisions thereon
(Figures referred in parenthesis pertain to Chapters and Paragraphs of the Pay
Commission Report).
|
S. No.
|
Recommendations of the Pay Commission
|
Decisions of the Government
|
|
1
|
2
|
3
|
|
1
|
Pay Structure – Service
Officers up to the rank of Brigadier & equivalent
(a) Integrated Pay Scale – An
integrated pay scale of Rs 2300-100-4200-EB-100-5000 is recommended for all
officers up to the rank of Brigadier and equivalent in the three Services
including officers in the specialised cadres of AMC, ADC and RVC. (28.12 and
28.14)
(b) Rank Pay – in addition to
pay in the integrated scale, the following rank pays may be given to officers
in the Army and their equivalents in the other Services:
Rank Amount of
Rank
Pay
(Rs Per month)
1. Captain &
equivalent 200
2. Major & equivalent 400
3. Lt Col (Select) &
equivalent 600
4. Colonel &
equivalent 800
5. Brigadier &
equivalent 1200
In Navy, a Captain, on
completion of three years service in that rank, will draw the rank pay of Rs
1200 p.m. recommended for Brigadier.
(28.13)
|
(a) Accepted with improvement
as under: Rs. 2300-100-3900-150-4200-EB-150-5100
(b) Accepted with improvement
as under:
Rank Amount of Rank Pay
(Rs Per month)
1.Captain&equivalent 200
2.Major&equivalent 600
3. Lt Col (Select) &
equivalent
800
4.Colonel&equivalent 1000
5.Brigadier&equivalent 1200
|
|
28
|
Fixation of Pay – Method of
fixation of pay recommended for civilian employees in Chapter 30 of the
Report should also be applied to the Armed Forces. Since Rank Pay is a
separate element for officers up to the rank of Brigadier and equivalent, the
same may be taken into account while fixing pay in the integrated scale. (28.113)
|
Accepted
|
******
Concluded
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