Tuesday 29 October 2013

7 Central Pay Commission or 1 Military/Services/Armed Forces Pay Commission - The Debate

The United Kingdom has two different Pay Review Boards.

One is the Seniors Salaries Review Board (SSRB) for senior officials in the civil list, judiciary, armed forces (2 stars and above), National Health Scheme.The SSRB submits an annual report and recommendations.

 Its most recent report for year 2013-14 is available on

https://www.gov.uk/government/../ssrb-report-number-81-2013

The other is the Armed Forces Pay Review Board (AFPRB) for Brigadiers and below. The AFPRB submits annual reports and recommendations. Its most recent report is for 2013-14. The report is available on

www.official-document.gov.uk/document/cm85/8571.pdf


Since the two Reports are over 150 pages in pdf format, interested readers and opinion makers/commentators may wish to access them individually.

Enjoy the Reading

Aerial View  

 

Friday 25 October 2013

No Reply to RTI dated 11 Sep 13 on NFU so First Appeal to Appellate Authority MoD on 17 Oct 13



Ref: SYS/RTI/MoD/NFU/2013                                                                      4th September, 2013

To,

Under Secretary & CPIO,
D (Pay/Services)
Ministry of Defence,
Sena Bhawan,
New Delhi  110 011

REQUEST FOR INFORMATION: NON-FUNCTIONAL UPGRADATION

Sir,

1.         Reference is invited to DOP & T OM No - AB. 14017/64/2008-Estt.(RR) dated 24.04.09 on the above subject and subsequent OMs.

2.         Please provide me information on the decision of the MoD to extend or not to extend the benefit of Non-Functional Upgradation to personnel of the Armed Forces by way of notings on files, records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, reports, papers, data in support of decisions and also any relevant material held in electronic form.

3.         Indian Postal Order Number 65G 724817 of Rs 10/- payable at New Delhi to Accounts Officer (DAD), Ministry of Defence (Civil) is enclosed as application fee..

4.         It is reiterated for reasons provided in previous correspondence, this applicant may not be requested to visit the offices of MoD to search files etc and then seek photocopies of relevant material. This applicant may be apprised, as has been done earlier, the amount to paid @ Rs 2 per page of photocopied information to enable expeditious compliance to obtain the information.

Thanking you,

Yours truly,

Sd/----------------




To,

Shri Praveen Kumar, Director (AG-I) & First Appellate Authority,
Ministry of Defence, Govt of India,
Room No. 103, Sena Bhawan, New Delhi - 110011

Sir,

As I am aggrieved by no decision of Under Secretary & Central Public Information Officer, Pay/Service, Ministry of Defence, Sena Bhawan,  New Delhi – 110 011 on my request for information dated 11 Sep 13 sent by Speed Post (article EK420215664) vide SYS/RTI/MoD/NFU/2013 dated 10 Sep 13 and repeated on RTI Online vide Ref No. MODEF/R/2013/(60351/60352)/D(RTI) dated 11 Sep 13 I hereby file this appeal for your kind decision.
1. Details of appellant:
(i)        Full Name: Sharad Yeshwant Savur
(ii)                Full Address: 141, Jal Vayu Towers, NGEF Layout, Indira Nagar (PO), Bangalore-560038
(iii)              Phone/Cell No: +91 9449676278
(iv)              Email ID: sysavur@gmail.com
2. Details of CPIO: -

(i)        Name/Designation:  Under Secretary (Pay/Services) & CPIO

(ii)       Full Address: Sena Bhawan, Ministry of Defence, Govt of India, New Delhi - 110011

(iii)      Name of Public Authority: Ministry of Defence

3. Details of RTI application to CPIO: -

(i)       
Date of Application: By Speed Post 10.09.2013; by RTI Online: 11.9.2013               
(ii)       Mailed on: 10.9.2013 & 11.9.2013 respectively
(iii)      By Speed Post No. EK 420215664IN & RTI Online ID No. MODEF/R/2013/(60351 & 60352)/D(RTI)         
(iv)      Date of receipt by CPIO:  Not Indicated

4. Particulars of payment of filing fee + additional fee: -
(i)        Paid Rs.50/- by IPO No 65G 724817/- issued by INDIRA NAGAR Post office and
(ii)       Application fee of Rs 10/- per application by Internet banking for RTI Online

5. Details of information sought: -

5.
1.      Reference is invited to DOP & T OM No - AB. 14017/64/2008-Estt.(RR) dated 24.04.09 on the above subject and subsequent OMs.

5.2.      Please provide me information on the decision of the MoD to extend or not to extend the benefit of Non-Functional Upgradation to personnel of the Armed Forces by way of notings on files, records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, reports, papers, data in support of decisions and also any relevant material held in electronic form.

5.3.      Indian Postal Order Number 65G 724817 of Rs 10/- payable at New Delhi to Accounts Officer (DAD), Ministry of Defence (Civil) is enclosed as application fee.

5.4.      It is reiterated for reasons provided in previous correspondence, this applicant may not be requested to visit the offices of MoD to search files etc and then seek photocopies of relevant material. This applicant may be apprised, as has been done earlier, the amount to paid @ Rs 2 per page of photocopied information to enable expeditious compliance to obtain the information.

6. Particulars of Decision of CPIO: -
(i)        Letter reference No:                                    NIL   
(ii)       Date of CPIO’s Decision:                             No Decision

(iii)      Date of receipt of decision by the appellant: Not Applicable

7. Brief facts of the case: -
7.1.      As per the DOP&T OM No - AB. 14017/64/2008-Estt.(RR) dated 24.04.09 on the and subsequent OMs n Non-Functional Upgradation (NFU), this applicant requests information to understand why the same has not been extended to personnel of the Armed Forces.
7.2.      Till date MoD, as Competent Ministry/Authority, has neither conveyed that NFU will not be implemented for Armed Forces personnel nor implemented the NFU.

8. Reasons/grounds for this appeal: -
8.1.      Reasons for this appeal: -    To gain knowledge and understand the process by which MoD is either intending to implement NFU for Armed Forces personnel, or
8.2.     Know of the reasons why MoD considers NFU cannot be extended to personnel of the Armed Forces.    
8.3.      Grounds for this Appeal:  
No Reply from CPIO

9. Any other information in support of appeal: Speed Post - article EK420215664: -

            9.1.      Track of Delivery from India Post of RTI application posted on 10 Sep 13
            Track Result for:EK420215664IN  




Booked at
Booked On
Delivered at
Delivered on

Indiranagar S.O (Bangalore)
10/09/2013
Nirman Bhawan S.O
12/09/2013



Detailed Track Events For EK420215664IN
Date
Time
Status at
Status
10/09/2013
11:33:07
Indiranagar S.O (Bangalore)
Item Booked
10/09/2013
12:15:50
Indiranagar S.O (Bangalore)
Item bagged for BANGALORE SH
10/09/2013
16:38:45
Indiranagar S.O (Bangalore)
Bag Despatched to BANGALORE G.P.O.
10/09/2013
20:28:52
BANGALORE SH
Bag Received
10/09/2013
21:41:36
BANGALORE SH
Bag Opened
10/09/2013
21:41:38
BANGALORE SH
Item Received
10/09/2013
23:19:40
BANGALORE SH
Item bagged for NEW DELHI SH
11/09/2013
02:02:13
BANGALORE SH
Bag Despatched to NEW DELHI SH
11/09/2013
10:52:27
PALAM TMO
Bag Received
11/09/2013
11:23:17
PALAM TMO
Bag Despatched to NEW DELHI SH
11/09/2013
11:44:05
NEW DELHI SH
Bag Received
11/09/2013
13:18:16
NEW DELHI SH
Item Received
11/09/2013
13:19:16
NEW DELHI SH
Item bagged for Nirman Bhawan S.O
12/09/2013
05:53:35
NEW DELHI SH
Bag Despatched to Nirman Bhawan S.O
12/09/2013
09:10:56
Nirman Bhawan S.O
Bag Received
12/09/2013
09:31:01
Nirman Bhawan S.O
Bag Opened
12/09/2013
09:31:02
Nirman Bhawan S.O
Item Received
12/09/2013

Nirman Bhawan S.O
Item Delivered

            9.2.      Photocopy of MoD ID No. MODEF/R/2013/(60351 & 60352)/D(RTI)         

10. Prayer/relief sought for: - Please provide me with copy of the complete information on decision to implement or not to implement Non-Functional Upgradation for  personnel of Armed Forces.

11. Grounds for prayer/relief sought for: - US & CPIO (Pay/Services) has not provided the information thereby placing hurdles in clearing my perception of the deficiencies and understanding the reasons for not extending NFU to personnel of Armed Forces.

12. Personal Presence at hearing: - No

13. Enclosures: - Photocopies of
(i) Original RTI application with its enclosures: -           attached
            (ii)   Postal proof of mailing Speed Post: -                        attached
(iii)  Acknowledgement of CPIO: -                                   Not received
(iv)   Decision letter of CPIO: -                                         Not received

14. Declaration:

I hereby state that the information and particulars given above are true to the best of my knowledge and belief. I also declare that this matter is not previously filed with any information commission nor is pending with any Court or tribunal or authority.


                                                                                                     Sd/---------------------

Place: Bangalore                   Date:   17th October 2013                  Signature of appellant
[
P.S. Format as per office memorandum dated 09-07-2007 issued by DoP&T, Govt. of India.]

Monday 21 October 2013

Updated AVSC - AFT Jaipur Judgment in Sqn Ldr C Singh Vs UoI & Hon'ble Supreme Court in R S Kshirsagar Vs UoI


IN THE ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR.
J U D G M E N T

Sq Ldr C.Singh                                                           v.         UNION OF INDIA & OTHERS.

TRANSFER APPLICATION NO. 177 OF 2010
IN
S.B. CIVIL  WRIT PETITION NO. 441/2005
.
DATE OF JUDGMENT                                               :           17th AUGUST , 2010.

PRESENT
HON’BLE MR.JUSTICE BHANWAROO KHAN(J)
HON’BLE Lt Gen SUSHEEL GUPTA (A)

Sq Ldr C.Singh, Applicant present in person.

Mr. Sanjay Pareek, for the non - applicants.

BY THE TRIBUNAL (PER HON’BLE Lt Gen SUSHEEL GUPTA) :

The applicant, Squadron Leader C. Singh had filed a writ petition in the High Court of Judicature for Rajasthan at Jodhpur praying for grant of promotion to the rank of Wing Commander and consequential retrial benefits. The writ petition was transferred to this Tribunal under Sec.34 of the Armed Forces Tribunals Act, 2007 and the same has been registered as Transfer Application No. 144 of  2005

2.         Brief facts of the case are, that the applicant was enrolled in Indian Air Force on 21.1.1966 and served in all ranks till the post of Junior Warrant Officer and was commissioned in the rank of Flying Officer on 17.12.1988. The applicant was promoted to the rank of Flight Lieutenant on completion of 6 years service on 3.1.1994 and was promoted to the rank of Squadron Leader on 14.1.2000 on completion of 12 years service. On attaining the age of 57 years, the applicant was superannuated from Indian Air Force on 31.8.2004 and was thereafter placed on regular Air Force Reserve till 31.8.2006.

3.         A Committee presided by Mr. Ajay Vikram Singh, the then Defence Secretary, was constituted for making recommendations regarding the promotions to the Commissioned Officers in the Defence Services i.e. Army, Navy and Air Force. The Central  Government had accorded approval for implementation of the  recommendations of this Committee as pertaining to the Air Force vide their letter No. 4(2)/US(L)/D(Air -III)/04 dated 12.3.2005 with effect from 16.12.2004. Since the applicant has proceeded on retirement on 31.8.2004 on attaining the age of 57 years prior to implementation of the said Committee recommendation, he could not be promoted to the rank of Wing Commander.

4.         Aggrieved by this denial of promotion, the applicant filed a representation addressed to the Chief of Air Staff on 23.6.2005, which was rejected by the Air Headquarters vide their letter dated
12.7.2005. The grounds given for rejection was that the Ministry of Defence has directed to grant substantive promotions on completion of specified reckonable commissioned service and on fulfilling the qualitative requirements specified. Since the policy came into force w.e.f. 16.12.2004, the benefits of this, could not be provided to the applicant as he had superannuated on 31.8.2004. Aggrieved by this decision of the Chief of Air Staff, the applicant had filed this writ petition in the High Court of Judicature for Rajasthan at Jodhpur.

5.         The applicant, in his written submission, has contended that the Sub -Committee, which was formed for upgrading the ranks in the Indian Air Force was consequent to the recommendation of 5th Central Pay Commission, which was effective from 1.1.1996. Hence, applicability of the recommendation of the said Committee should be with effect from the same date. The applicant has also contended that if ante-date seniority of two years given to him for the purpose of pay was counted, he had served 17 years and 8 months as an officer and since he had completed the requisite criteria of 13 years of service eligible for promotion to the rank of Wing Commander, he should be granted the rank notionally for the purpose of retrial benefits.
In his opinion, laying down a cut -off date was unjustified and without any rational to treat the same Group of Officers differently for promotion.

6.         The applicant has stated that on retirement, he was transferred to Regular Air Force Reserve by an order dated 16.11.2004. In view of this, though retired on 31.8.2004, he was still governed by statutory orders, being a member of Regular Air Force Reserve till 31.8.2006. Thus, denial of promotion during the intervening period, after his retirement till he was on the roll of
Regular Air Force Reserve is arbitrary, illegal, and discriminatory. This discrimination continues throughout, even after retirement because if he had been granted promotion as per authorization, he would also be eligible for retrial benefits which are being denied to him now.

7.         The respondents, in their reply, have stated that the committee presided by Mr. Ajay Vikram Singh was constituted in the year 2004 for making recommendation regarding promotions to the Commissioned Officers in the Defence Services. This Committee submitted their report to the Central Government who accorded approval for implementation to the Chief of Air Staff
vide their letter dated 12.3.2005. Para 5 of the said letter stated that the officers not promoted to the rank of Group Captain by selection may be granted  substantive rank of Group Captain (Time Scale) irrespective of vacancies provided they are considered fit in all other respects. The terms and conditions governing the rank of Group Captain (Time Scale), to include pay scale, rank pay, other allowances, age of superannuation and medical criteria have also been spelt out in the
said letter. Para 10 of the said letter states that these orders will take effect from 16.12.2004. Since the applicant has retired from active service on 31.8.2004, the provisions of the said letter was not applicable to him. There is no doubt that the officer was transferred to Regular Air Force Reserve on retirement till 31.8.2006. However, the officers who have been placed in Air Force Reserve are not in regular service and cannot be granted benefits of promotion if they had already superannuated. Since the applicant was not a member of Regular Air Force after retirement, the provision of Government of India letter dated 12.3.2005 could not be applied to him. All officers who were serving as on 16.12.2004 and who met the criteria laid down for promotion were promoted.

8.         The applicant, pleading on his own behalf emphasized the point that the officer continued to be on Regular Air Force Reserve till 31.8.2006 and hence he was very much entitled to get
promotional benefits as given vide Ministry of Defence letter dated 12.3.2005 also, since he was subjected to the Air Force Act during the period of his service as Regular Air Force Reserve, he should be  entitled to all the benefits as were entitled to Regular Air Force Officers.

9.         The applicant has also stated that laying down a date for promotion as 16.12.2004 was
arbitrary and unconstitutional. A separate class of officers cannot be created by arbitrarily laying down a cut off date, thereby, providing benefits only to a particular class of officers and denying them to a few. In support of his arguments, he placed reliance on the decisions in the case of D.S.Nakara and others v. Union of India (AIR 1983 SC 130), Rajinder singh Patpatia v. The
Bhakra Beas Management Board and others (1999 (5) SLR 515), State of Punjab v. Justice S.S.Dewan (AIR 1997 SC 2388) and State of Kerala and another v. P.V. Neelakandan Nair and others (2005(34)  AIC (SC) 285)

10.       Mr. Sanjay Pareek, learned counsel for the non-applicants has argued that Ajay Vikram Singh Committee was an independent Committee totally de-linked from the Fifth Pay Commission. He has high-lighted the issue that the Government of India, Ministry of
Defence letter dated 12.3.2005 was absolutely unambiguous that the provisions of the said
letter were to take effect w.e.f. 16.12.2004. All those officers, who were in service on 16.12.2004 were promoted  based on the criteria laid down. The applicant had proceeded on superannuation on 31.8.2004 and hence could not be promoted to the next rank after retirement.
11.       As regards the applicability of Air Force Act, 1950, Sec. 26 of the Reserve and Auxiliary Air Force Act,1952 lays down the conditions of applicability. It clearly states that “Every member of an Air Force Reserve or the Auxiliary Air Force shall, when called up for training, medical examination or for service, under the Rules made thereunder in the same manner as a person belonging to Air Force and holding the same rank is subject to the said Act and Rules and
shall continue to be so subject until duly released from such training, medical examination or service, as the case may be.” Thus, it is very clear that the applicant is not governed by Air Force Act, 1950 after  retirement until he meets the applicability conditions as spelt out above. The applicant was not called for any of the duties during the period of his reserve from 31.8.2004 to 24.8.2006.

12.       The judgments cited by the applicant are of no avail as they are not relevant in the case in
question, thus, he cannot get any relief based on the judgment. It is clear that the applicant had retired from active service on 31.8.2004 and promotions as per Government of India letter dated 3.2.2005 was to be effected only from  16.12.2004. Since the applicant had already superannuated prior to issuance of the letter, question of promoting him to the higher rank after retirement even notionally does not arise.

13.       With the above observations, the Transfer Application is dismissed.


(Lt Gen Susheel Gupta) A                                                       (Bhanwaroo Khan) J.


*            *           *          *           *

IN THE SUPREME COURT OF INDIA

Civil Appeal No. ... of 2009 (Arising out of SLP ( C ) No. 24003 of 2007)
Decided On: 16.03.2009

Ravindera Sadashio Kshirsagar
Vs.
Union of India (UOI) and Ors.

Hon'ble Judges:
Lokeshwar Singh Panta, J and B. Sudershan Reddy, J


JUDGMENT
B. Sudershan Reddy, J.
  
1. Leave granted.

2. This appeal arises from the judgment and order dated 19.10.2007 of the High Court of Judicature at Bombay dismissing the Writ Petition No. 1503 of 2006 filed by the appellant herein.

3. Brief facts needed for disposal of this appeal are as under:

4. The appellant joined the Indian Navy on 1.1.1978 as a Commissioned Officer and is at present serving in the rank of Commander (Time Scale) w.e.f. 1.1.1999.

In or about May, 2001 the Army Headquarters formulated certain proposals and forwarded them to the Ministry of Defence drawing attention to certain shortcomings and imbalances in the organizational structure of the Officer Cadre. After examining the proposals so made, the Ministry of Defence constituted a Committee in July, 2001 under the Chairmanship of the then Secretary, Ministry of Non-Conventional Energy Sources, Shri Ajai Vikram Singh (hereinafter referred to as "the AVS Committee") to examine the issues and make recommendations within three months. However, the AVS Committee submitted its report to the Ministry of Defence in January, 2003. The main issue considered by the AVS Committee was Cadre stagnation and mobility. (emphasis supplied) The AVS Committee after extensive deliberations inter alia recommended: -

(a) to grant time based rank of Lieutenant Colonel at 13 years of service as per the criteria drawn by the Army Headquarters; (b) corresponding reduction in age profile of junior officers through grant of substantive ranks of Captains and Majors early to make it compatible with the overall aim of brining down the age profile of officers. The Committee also recommended that the rank of Colonel (Time Scale) be granted at 26 years of service. The Military Secretary Branch, Army Headquarters, New Delhi issued guidelines for implementation of the recommendations so made by the AVS Committee on 21.12.2004. The Army and Air Force duly promoted all its Commissioned Officers who had completed 26 years reckonable commissioned service as on 16.12.2004 in compliance of the recommendations made by the AVS Committee.

Xxx xxx xxx

11. We must make it clear at the threshold that we are not impressed by the contention that the Navy under the garb of `service specific requirements' rendered the entire policy and the AVS report which was accepted by the government of India nugatory. The report itself makes it explicitly clear that its primary focus was on the restructuring of the officers' cadre of the Army, while making it applicable to the other two services including the Navy which has to work out its service specific requirements including the additional vacancies.

Xxxxxxx    xxxxxx  xxxxxxxx

15. Whether the Communications dated 14.3.2005 and 2.11.2005 have the effect of denying the chance of promotion to the Commander (Time Scale)? Whether they are violative of Article 14 of the Constitution of India?

16. It appears from the material on record that the appellant like most other Commanders will retire before they can be considered for the promotion to the rank of Captain (Time Scale). No Commander (Time Scale) will be eligible for consideration till 2015 by which time most of them would have retired. It is, however, explained that about 420 Officers (130 erstwhile Commanders (Time Scale)) and 290 `N' graded Lt. Commanders (Lt. Commanders who have not been select listed for Commanders) would continue to be eligible for promotion. It is further explained that para 3 (a) of the Government letter dated 11.3.2005 was aimed to bring the implementation of the AVS Report in consonance with Regulation.

xxxxxxxx  xxxxxxx  xxxxxx

In the circumstances, the High Court came to the right conclusion to repel the submission based on Article 14 of the Constitution of India. No other contention is urged.

17. For the aforesaid reasons, we find no merit in this appeal and the same is, accordingly dismissed.

                                                                  -----------------------------


Sunday 20 October 2013

Assured Career Progression - Dispelling the Haze



MOST IMMEDIATE
No.35034/1/97-Estt(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi 110001
August 9, 1999
OFFICE MEMORANDUM
Subject:- THE ASSURED CAREER PROGRESSION SCHEME FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES.
The Fifth Central Pay Commission in its Report has made certain recommendations relating to the Assured Career Progression (ACP) Scheme for the Central Government civilian employees in all Ministries/Departments. The ACP Scheme needs to be viewed as a ‘Safety Net’ to deal with the problem of genuine stagnation and hardship faced by the employees due to lack of adequate promotional avenues. Accordingly, after careful consideration it has been decided by the Government to introduce the ACP Scheme recommended by the Fifth Central Pay Commission with certain modifications as indicated hereunder:-

2. GROUP ‘A’ CENTRAL SERVICES

2.1 In respect of Group ‘A’ Central services (Technical/Non-Technical), no financial upgradation under the Scheme is being proposed for the reason that promotion in their case must be earned (emphasis supplied). Hence, it has been decided that there shall be no benefits under the ACP Scheme for Group ‘A’ Central services (Technical/Non-Technical). Cadre Controlling Authorities in their case would, however, continue to improve the promotion prospects in organisations/cadres on functional grounds by way of organisational study, cadre review, etc. as per prescribed norms.

3. GROUP ‘B’, ‘C’ AND ‘D’ SERVICES/POSTS AND ISOLATED POSTS IN GROUP ‘A’, ‘B’, ‘C’ AND ‘D’ CATEGORIES

3.1 While in respect of these categories also promotion shall continue to be duly earned, it is proposed to adopt the ACP Scheme in a modified form to mitigate hardship in cases of acute stagnation either in a cadre or in an isolated post. Keeping in view all relevant factors, it has, therefore, been decided to grant two  financial upgradations [as recommended by the Fifth Central Pay Commission and also in accordance with the Agreed Settlement dated September 11, 1997 (in relation to Group ‘C’ and ‘D’ employees) entered into with the Staff Side of the National Council (JCM)] under the ACP Scheme to Group ‘B’, ‘C’ and ‘D’ employees on completion of 12 years and 24 years (subject to condition no.4 in Annexure-I) of regular service respectively. Isolated posts in Group ‘A’, ‘B’, ‘C’ and ‘D’ categories which have no promotional avenues shall also qualify for similar benefits on the pattern indicated above. Certain categories of employees such as casual employees (including those with temporary status), ad-hoc and contract employees shall not qualify for benefits under the aforesaid Scheme. Grant of financial upgradations under the ACP Scheme shall, however, be subject to the conditions mentioned in Annexure-I.

3.2 ‘Regular Service’ for the purpose of the ACP Scheme shall be interpreted to mean the eligibility service counted for regular promotion in terms of relevant Recruitment/Service Rules.

4. Introduction of the ACP Scheme should, however, in no case affect the normal (regular) promotional avenues available on the basis of vacancies. Attempts needed to improve promotion prospects in organisations/cadres on functional grounds by way of organisational study, cadre reviews, etc as per prescribed norms should not be given up on the ground that the ACP Scheme has been introduced.

5. Vacancy based regular promotions, as distinct from financial upgradation under the ACP Scheme, shall continue to be granted after due screening by a regular Departmental Promotion Committee as per relevant rules/guidelines.

6. SCREENING COMMITTEE

6.1 A departmental Screening Committee shall be constituted for the purpose of processing the cases for grant of benefits under the ACP Scheme.

6.2 The composition of the Screening Committee shall be the same as that of the DPC prescribed under the relevant Recruitment/Service Rules for regular promotion to the higher grade to which financial upgradation is to be granted. However, in cases where DPC as per the prescribed rules is headed by the Chairman/Member of the UPSC, the Screening Committee under the ACP Scheme shall, instead, be headed by the Secretary or an officer of equivalent rank of the concerned Ministry/Department. In respect of isolated posts, the composition of the Screening Committee (with modification as noted above, if required) shall be the same as that of the DPC for promotion to analogous grade in that Ministry/Department.

6.3 In order to prevent operation of the ACP Scheme from resulting into undue strain on the administrative machinery, the Screening Committee shall follow a time-schedule and meet twice in a financial year – preferably in the first week of January and July for advance processing of the cases. Accordingly, cases maturing during the first-half (April-September) of a particular financial year for grant of benefits under the ACP Scheme shall be taken up for consideration by the Screening Committee meeting in the first week of January of the previous financial year. Similarly, the Screening Committee meeting in the first week of July of any financial year shall process the cases that would be maturing during the second-half (October-March) of the same financial year. For example, the Screening Committee meeting in the first week of January, 1999 would process the cases that would attain maturity during the period April 1, 1999 to September 30, 1999 and the Screening Committee meeting in the first week of July, 1999 would process the cases that would mature during the period October 1, 1999 to March 31, 2000.

6.4 To make the Scheme operational, the Cadre Controlling Authorities shall constitute the first Screening Committee of the current financial year within a month from the date of issue of these instructions to consider the cases that have already matured or would be maturing upto March 31, 2000 for grant of benefits under the ACP Scheme. The next Screening Committee shall be constituted as per the time-schedule suggested above.

7. Ministries/Departments are advised to explore the possibility of effecting savings so as to minimise the additional financial commitment that introduction of the ACP Scheme may entail.

8. The ACP Scheme shall become operational from the date of issue of this Office Memorandum.

9. In so far as persons serving in the Indian Audit and Accounts Departments are concerned, these orders issue after consultation with the Comptroller and Auditor General of India.

10. The Fifth Central Pay Commission in paragraph 52.15 of its Report has also separately recommended a "Dynamic Assured Career Progression Mechanism" for different streams of doctors. It has been decided that the said recommendation may be considered separately by the administrative Ministry concerned in consultation with the Department of Personnel and Training and the Department of Expenditure.

11. Any interpretation/clarification of doubt as to the scope and meaning of the provisions of the ACP Scheme shall be given by the Department of Personnel and Training (Establishment-D).

12. All Ministries/Departments may give wide circulation to these instructions for guidance of all concerned and also take immediate steps to implement the Scheme keeping in view the ground situation obtaining in services/cadres/ posts within their administrative jurisdiction;

13. Hindi version would follow.
(K.K. JHA)
Director(Establishment)
To
1. All Ministries/Departments of the Government of India
2. President’s Secretariat/Vice President’s Secretariat/Prime Minister’s Office/Supreme Court/Rajya Sabha Secretariat/Lok Sabha Secretariat/Cabinet Secretariat/UPSC/CVC/C&AG/Central Administrative Tribunal(Principal Bench), New Delhi
3. All attached/subordinate offices of the Ministry of Personnel, Public Grievances and Pensions
4. Secretary, National Commission for Minorities
5. Secretary, National Commission for Scheduled Castes/Scheduled Tribes
6. Secretary, Staff Side, National Council (JCM), 13-C, Ferozeshah Road, New Delhi
7. All Staff Side Members of the National Council (JCM)
8. Establishment (D) Section - 1000 copies
CONDITIONS FOR GRANT OF BENEFITS UNDER THE ACP SCHEME
1. The ACP Scheme envisages merely placement in the higher pay-scale/grant of financial benefits (through financial upgradation) only to the Government servant concerned on personal basis and shall, therefore, neither amount to functional/regular promotion nor would require creation of new posts for the purpose;

2. The highest pay-scale upto which the financial upgradation under the Scheme shall be available will be Rs.14,300-18,300. Beyond this level, there shall be no financial upgradation and higher posts shall be filled strictly on vacancy based promotions;

3. The financial benefits under the ACP Scheme shall be granted from the date of completion of the eligibility period prescribed under the ACP Scheme or from the date of issue of these instructions whichever is later;

4. The first financial upgradation under the ACP Scheme shall be allowed after 12 years of regular service and the second upgradation after 12 years of regular service from the date of the first financial upgradation subject to fulfillment of prescribed conditions. In other words, if the first upgradation gets postponed on account of the employee not found fit or due to departmental proceedings, etc this would have consequential effect on the second upgradation which would also get deferred accordingly;

5.1 Two financial upgradations under the ACP Scheme in the entire Government service career of an employee shall be counted against regular promotions (including in-situ promotion and fast-track promotion availed through limited departmental competitive examination) availed from the grade in which an employee was appointed as a direct recruit. This shall mean that two financial upgradations under the ACP Scheme shall be available only if no regular promotions during the prescribed periods (12 and 24 years) have been availed by an employee. If an employee has already got one regular promotion, he shall qualify for the second financial upgradation only on completion of 24 years of regular service under the ACP Scheme. In case two prior promotions on regular basis have already been received by an employee, no benefit under the ACP Scheme shall accrue to him;

5.2 Residency periods (regular service) for grant of benefits under the ACP Scheme shall be counted from the grade in which an employee was appointed as a direct recruit;

6. Fulfillment of normal promotion norms (bench-mark, departmental examination, seniority-cum-fitness in the case of Group ‘D’ employees, etc.) for grant of financial upgradations, performance of such duties as are entrusted to the employees together with retention of old designations, financial upgradations as personal to the incumbent for the stated purposes and restriction of the ACP Scheme for financial and certain other benefits (House Building Advance, allotment of Government accommodation, advances, etc) only without conferring any privileges related to higher status (e.g. invitation to ceremonial functions, deputation to higher posts, etc) shall be ensured for grant of benefits under the ACP Scheme;

7. Financial upgradation under the Scheme shall be given to the next higher grade in accordance with the existing hierarchy in a cadre/category of posts without creating new posts for the purpose. However, in case of isolated posts, in the absence of defined hierarchical grades, financial upgradation shall be given by the Ministries/Departments concerned in the immediately next higher (standard/common) pay-scales as indicated in Annexure-II which is in keeping with Part-A of the First Schedule annexed to the Notification dated September 30, 1997 of the Ministry of Finance (Department of Expenditure). For instance, incumbents of isolated posts in the pay-scale S-4, as indicated in Annexure-II, will be eligible for the proposed two financial upgradations only to the pay-scales S-5 and S-6. Financial upgradation on a dynamic basis (i.e. without having to create posts in the relevant scales of pay) has been recommended by the Fifth Central Pay Commission only for the incumbents of isolated posts which have no avenues of promotion at all. Since financial upgradations under the Scheme shall be personal to the incumbent of the isolated post, the same shall be filled at its original level (pay-scale) when vacated. Posts which are part of a well-defined cadre shall not qualify for the ACP Scheme on ‘dynamic’ basis. The ACP benefits in their case shall be granted conforming to the existing hierarchical structure only;

8. The financial upgradation under the ACP Scheme shall be purely personal to the employee and shall have no relevance to his seniority position. As such, there shall be no additional financial upgradation for the senior employee on the ground that the junior employee in the grade has got higher pay-scale under the ACP Scheme;

9. On upgradation under the ACP Scheme, pay of an employee shall be fixed under the provisions of FR 22(I) a(1) subject to a minimum financial benefit of Rs.100/- as per the Department of Personnel and Training Office Memorandum No.1/6/97-Pay.I dated July 5, 1999. The financial benefit allowed under the ACP Scheme shall be final and no pay-fixation benefit shall accrue at the time of regular promotion i.e. posting against a functional post in the higher grade;

10. Grant of higher pay-scale under the ACP Scheme shall be conditional to the fact that an employee, while accepting the said benefit, shall be deemed to have given his unqualified acceptance for regular promotion on occurrence of vacancy subsequently. In case he refuses to accept the higher post on regular promotion subsequently, he shall be subject to normal debarment for regular promotion as prescribed in the general instructions in this regard. However, as and when he accepts regular promotion thereafter, he shall become eligible for the second upgradation under the ACP Scheme only after he completes the required eligibility service/period under the ACP Scheme in that higher grade subject to the condition that the period for which he was debarred for regular promotion shall not count for the purpose. For example, if a person has got one financial upgradation after rendering 12 years of regular service and after 2 years therefrom if he refuses regular promotion and is consequently debarred for one year and subsequently he is promoted to the higher grade on regular basis after completion of 15 years (12+2+1) of regular service, he shall be eligible for consideration for the second upgradation under the ACP Scheme only after rendering ten more years in addition to two years of service already rendered by him after the first financial upgradation (2+10) in that higher grade i.e. after 25 years (12+2+1+10) of regular service because the debarment period of one year cannot be taken into account towards the required 12 years of regular service in that higher grade;

11. In the matter of disciplinary/penalty proceedings, grant of benefits under the ACP Scheme shall be subject to rules governing normal promotion. Such cases shall, therefore, be regulated under the provisions of relevant CCS(CCA) Rules, 1965 and instructions thereunder;

12. The proposed ACP Scheme contemplates merely placement on personal basis in the higher pay-scale/grant of financial benefits only and shall not amount to actual/functional promotion of the employees concerned. Since orders regarding reservation in promotion are applicable only in the case of regular promotion, reservation orders/roster shall not apply to the ACP Scheme which shall extend its benefits uniformly to all eligible SC/ST employees also. However, at the time of regular/functional (actual) promotion, the Cadre Controlling Authorities shall ensure that all reservation orders are applied strictly;

13. Existing time-bound promotion schemes, including in-situ promotion scheme, in various Ministries/Departments may, as per choice, continue to be operational for the concerned categories of employees. However, these schemes, shall not run concurrently with the ACP Scheme. The Administrative Ministry/Department -- not the employees -- shall have the option in the matter to choose between the two schemes, i.e. existing time-bound promotion scheme or the ACP Scheme, for various categories of employees. However, in case of switch-over from the existing time-bound promotion scheme to the ACP Scheme, all stipulations (viz. for promotion, redistribution of posts, upgradation involving higher functional duties, etc) made under the former (existing) scheme would cease to be operative. The ACP Scheme shall have to be adopted in its totality;

14. In case of an employee declared surplus in his/her organisation and in case of transfers including unilateral transfer on request, the regular service rendered by him/her in the previous organisation shall be counted along with his/her regular service in his/her new organisation for the purpose of giving financial upgradation under the Scheme; and

15. Subject to Condition No. 4 above, in cases where the employees have already completed 24 years of regular service, with or without a promotion, the second financial upgradation under the scheme shall be granted directly. Further, in order to rationalise unequal level of stagnation, benefit of surplus regular service (not taken into account for the first upgradation under the scheme) shall be given at the subsequent stage (second) of financial upgradation under the ACP Scheme as a one time measure. In other words, in respect of employees who have already rendered more than 12 years but less than 24 years of regular service, while the first financial upgradation shall be granted immediately, the surplus regular service beyond the first 12 years shall also be counted towards the next 12 years of regular service required for grant of the second financial upgradation and, consequently, they shall be considered for the second financial upgradation also as and when they complete 24 years of regular service without waiting for completion of 12 more years of regular service after the first financial upgradation already granted under the Scheme.

(K.K. JHA)
Director(Establishment)
STANDARD/COMMON PAY-SCALES
As per Part-A of the First Schedule Annexed to the Ministry of Finance
(Department of Expenditure) Gazette Notification dated September 30, 1997
[REFERENCE PARA 7 OF ANNEXURE I OF THIS OFFICE MEMORANDUM]
S.No.
Revised pay-scales (Rs)
1.
S-1
2550-55-2660-60-3200
2.
S-2
2610-60-3150-65-3540
3.
S-3
2650-65-3300-70-4000
4.
S-4
2750-70-3800-75-4400
5.
S-5
3050-75-3950-80-4590
6.
S-6
3200-85-4900
7.
S-7
4000-100-6000
8.
S-8
4500-125-7000
9.
S-9
5000-150-8000
10.
S-10
5500-175-9000
11.
S-12
6500-200-10500
12.
S-13
7450-225-11500
13.
S-14
7500-250-12000
14.
S-15
8000-275-13500
15.
S-19
10000-325-15200
16.
S-21
12000-375-16500
17.
S-23
12000-375-18000
18.
S-24
14300-400-18300

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Sixth Central Pay Commission

Assured Career Progression Scheme for PBORs

2.3.34 Presently PBORs in Defence Forces are eligible for two time bound upgradations on completion of 10 and 20 years of service. The Defence Forces have demanded reduction of period for time bound upgradations to 8 and 12 years. Other suggestions have also been made regarding residency periods for promotion of PBORs. The Commission notes that under the Scheme of Assured Career Progression (ACPS) for civilians, the upgradations are given on completion of 12 and 24 years of service. Demands for reduction of the residency period in case of civilians were also received.
However, the Commission has been unable to accept this demand keeping in view the revised scheme of running pay bands and annual increments as a percentage of pay. In such a scenario, any reduction in the prescribed residency period under ACPS for
Defence Forces personnel would not be justified especially when the residency period requirements in their case are already lower than in the case of civilian employees. Accordingly, the residency periods for time bound upgradations for PBORs shall remain unchanged. Under the Modified Assured Career Progression now  being proposed for the civilians, financial upgradations will entail one increment without any change in the grade pay. In consonance with the scheme of the Report to ensure parity between civilians and
Defence Forces, a similar dispensation needs to be extended in case of the latter. The Commission, therefore, recommends that the time bound promotion scheme in case of PBORs shall allow two financial upgradations on completion of 10 and 20 years of service as at present. The financial upgradations under the scheme shall allow benefit of pay fixation equal to one increment along with the higher grade pay. As regards the other suggestions relating to residency period for promotion of PBORs, Ministry of Defence may set up an Inter-Services Committee to consider the matter after the revised scheme of running pay bands is implemented.