Opinion of Attorney General
“42. In my opinion, the Government needs to implement the underlying
principle laid down in Major Dhanapalan’s case i.e. rank pay cannot be deducted
at the time of fixing pay in the revised scale. It is immaterial that in Major Dhanapalan
case, only 4th Pay Commission was involved. The
principle of law laid down is that rank pay cannot be deducted by fixing pay in
the integrated scale. Since rank pay has been deducted at the time of fixing
pay in subsequent pay commissions, the same would definitely have to be
corrected. The officers covered by 5th and 6th Pay
Commissions cannot be expected to approach the Courts for orders in the same
terms” (emphasis supplied).
DO NOTconsider - Two
points that await the opinion of the Ld AG and/or the orders of the Supreme
Court in Contempt Petition are (1) is there a minimum pay for each rank, and
the ceiling has to be raised from Rs 5100 to Rs 6350 for Brigadiers.
PART -I
Assumptions
4th CPC and
Resolution 9E of 1987 gave the following method of re-fixation: -
(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
(c)
Revised Pay in the Integrated Pay scale is Captain: Rs 3000+200; Major & Lt
Col (TS) Rs 3400+600;
Lt Col Rs 3900+ 600; Cols Rs 4500+ 1000; Brig Rs 4950 + 1200.
(i)
Officers of All Arms and Services except AMC, ADC, RVC and MNS.
Lt – 2500; Capt – 2800; Maj –
3400; Lt Col (Selection) - 3900
Col – 4500; Brig – 4950
[Please Note: the above figures
are with deduction of Rank Pay]
emphasis supplied.
Recommendations by 5th
CPC (& SAI 2/S/98)
147.35. Keeping the above considerations in
view and in the light of the abolition
of the rank of 2nd Lieutenant
proposed by us, we recommend the following pay scales for service officers upto the
rank of Brigadier:
Pay Scales
Lieutenant 8250-300-10050
Captain 9600-300-11400
Major 11600-325-14850
Lt. Colonel 13500-400-17100
Colonel 15100-450-17350
Brigadier 15350-450-17600
In addition, the following rank pay may be
granted:
Rank Pay (pm)
Captain 400
Major 1200
Lt. Col. 1600
Col. 2000
Brig 2400
147.37. As regards the pay scales at higher
levels, in view of the existing relativities we suggest that the Major Generals may be granted the pay scale of 18400-500-22400 and Lieutenant Generals and equivalent be granted the pay
scale of Rs.22400-525-24500. For Vice Chiefs and Army Commander
and equivalent we recommend a pay of Rs.26000 (fixed) per month.
147.38. As regards the pay of Service Chiefs, we
recommend a revised pay of Rs.30000 (fixed)
corresponding
to their existing scale of Rs.9, 000 (fixed).
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.
Illustration No.1
1. Rank Major Pay Scale: 11600-325-14850
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 13500-400-17100
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
11713
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
Approved By UoI/MoD and incorporated in
SAI 2/S/98 - FIXATION OF INITIAL PAY IN THE
REVISED SCALES
5. Fixation of Initial Pay in the revised scale will be
regulated as under:-
(a) (i) An amount representing 40% of the basic pay
including stagnation increments, if any, and rank pay wherever applicable in
the pre-revised scale, shall be added to the “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 officer on 1.1.96 at the rates prescribed
in Para 3(a)(ii) above shall be deducted. Thereafter the officer’s pay will be
fixed in the revised scale at the stage next above the amount thus computed.
Note:- In case of officers holding acting
rank as on 1.1.96, the pay shall be fixed at the stage in the revised scale
appropriate to the acting rank held by him, provided the officer has completed
the minimum number of years of qualifying service, prescribed under extant
orders, for promotion to substantive rank. Otherwise, the pay shall be fixed in
the revised scale appropriate to the substantive rank of the officer. However,
on completion of prescribed minimum number of years of qualifying service for
substantive promotion, the pay shall be fixed in the appropriate pay scale of
the acting rank held. The officer shall draw the rank pay of acting rank
actually held.
(iii) Officer who became
substantive Major on or after 1.1.96 shall be granted the scale of pay of
Lt Col on their stagnation for one year in the revised scale of Major. Such
officer will, however, continue to draw the rank pay for Major.
(iv) As a one time measure those
who became Substantive Major before 1.1.96 will be granted the scale of Lt Col
on completion of 21 years of commissioned service, i.e. in their 22nd year with
the rank pay of Major.
(b) If the amount so computed as at
sub-para (a) (ii) above is more than the maximum of the revised scale, the pay
will be fixed at the maximum of the revised scale.
(c) If the minimum of the revised
scale is more than the amount so computed as at sub-para a (ii) above, the pay
will be fixed at the minimum of the scale.
(d) For the purpose of pay fixation, the terms, “existing
emoluments” shall include:
(i) Basic Pay including rank pay and
stagnation increment(s), if any in the pre-revised scale.
(ii) Dearness Allowance at the Index
Average of 1510, (1960=100).
(iii) Amount of first and second
instalments of Interim Relief.
(e) In the case of AMC, ADC and RVC
Officers who are in receipt of Non Practicing Allowance (NPA), pay will be
fixed in the revised scale in accordance with the provision of sub para (a)
above, except that in such cases the term “existing emoluments” shall include
only the following:-
(i) Basic Pay including rank pay and
stagnation increment(s) in the existing scale of pay, if any.
(ii) Dearness Allowance on the basic
pay including the rank pay and stagnation increment(s) if any and NPA
admissible at the Index Average of 1510 (1960=100).
(iii) The amounts of first and second
instalments of Interim Relief admissible on the basic pay including rank pay
and stagnation increment, if any, in the existing scale and NPA, under relevant
orders.
(iv) In such cases, NPA at the rate
of 25% of basic pay, including rank pay shall be drawn in addition to pay in
the revised scale of pay, subject to the condition that pay plus NPA does not
exceed Rs 29500/-.
(f) Wherein, in the fixation of pay
under Para 5 (a) to (e) above the pay of officers drawing pay at more than four
consecutive stages in the existing scale gets bunched, that is to say, gets
fixed in the revised scale at the same stage, the pay in the revised scale of
such of these officers who are drawing pay beyond the first four consecutive
stages in the existing scale, shall be stepped up from the stage where such
bunching occurs as under by the grant of increment(s) in the revised scale in
the following manner :-
(i) For officers drawing pay from
the 5th upto the 8th stage in the existing scale - by one increment.
(ii) For officers drawing pay from
9th upto the 12th stage in the existing scale, if there is a bunching beyond
the 8th stage - by two increments.
(iii) For officers drawing pay
from the 13th upto the 16th stage in the existing scale, if there is bunching
beyond the 12th stage - by three increments.
Note 1:- If by stepping up of the pay as in
Para 5 (f) above, the pay of an officer gets fixed at a stage in the revised
scale which is higher than the stage in the revised scale at which the pay of
another officer who was drawing pay at the next higher stage or stages in the
same existing scale is fixed, the pay of the latter shall also be stepped up
only to the extent by which it falls short of that of the former.
Note 2:- ‘The stage in the existing scale’
referred to in the above provisions regarding bunching, the first stage in the
existing scale shall be w.r.t. the maximum pay prescribed for each rank as
given below:-
(i) Officers of All Arms and Services except AMC, ADC, RVC and
MNS.
Lt - 2500
Capt - 2800
Maj - 3400
Lt Col (Selection) - 3900
Col
- 4500
Brig – 4950
Provided also that the fixation thus made shall ensure
that every officer will get at least one increment in the revised scale of pay
for every three increments (inclusive of stagnation increment (s) if any) in
the existing scale of pay.
(g) Where in the fixation of pay under this paragraph, the
pay of an officer who in the existing scale was drawing immediately before 01
Jan 96 more pay than another officer junior to him in the same cadre i.e. same
Arm/Service and gets fixed in the revised scale at a stage lower than that of
such junior, his pay shall be stepped up to the same stage in the revised scale
as that of the junior.
(h) Where the existing emoluments as
calculated in accordance with sub-para (d) to (e), exceed the revised
emoluments so fixed in the case of any officer, the difference shall be allowed
as personal pay to be absorbed in future increases in pay.
(j) Rank Pay. In
addition to the pay so fixed in the revised scale, officers shall be eligible
to the rank pay, if any, appropriate to the rank held on 1.1.96 either in the
substantive or acting (paid) capacity.
PART II –
For Excel Tweakers –
If the opinion of the Ld AG is implemented in letter and spirit
Section I. Using
the 4th CPC formula for fixation how will the pay scales change?
Section II. Will
the pay scales change only by the amount of Rank Pay given that RP has to be added
for re-fixation from 4th to 5th CPC i.e.
|
Rank
|
Adding
Rank Pay to present scales
|
Or
Higher
|
|
Captain
(Original Rs 9600-300-11400)
|
Rs 10000-300-11800 + RP Rs 400
|
or higher + RP Rs 400
|
|
Major
(Original Rs 11600-325-14850)
|
Rs 12800-325-16050 + RP Rs 1200
|
or higher + RP 1200
|
|
Lt Col
(Original Rs 13500-400-17100)
|
Rs 15100-400-18700 + RP 1600
|
or higher + RP 1600
|
|
Col
(Original Rs 15100-450-17350)
|
Rs 17100-450-19350 +RP Rs 2000
|
or higher + RP 2000
|
|
Brig
(Original Rs 16700-450-18050)
|
Rs 19100-450-22450 + RP Rs 2400
|
or higher + RP 2400
|
|
Maj Gen
Original Rs 18400-500-22400
|
Now what? Rs 20800-500-24800?
|
|
|
Lt Gen
Original Rs 22400-525-24500
|
Now
what? Rs 24800-525-26900?
|
|
|
VCOAS
Original Rs 26000
|
Now
what? Rs 26000+2400= 28400
|
|
|
COAS
Original Rs 30000
|
Now
what? No change!!!!!!!!!!
|
|
Part
II. What could be
the effect on 6th CPC with added Rank Pay
|
Rank
|
Will Revised 5th CPC scales be?
|
Revised 6th CPC = Revised 5th CPC x 1.86
|
|
Capt
|
10000-300-11800 + RP Rs 400
|
?
|
|
Major
|
Rs 12800-325-16050 + RP Rs 1200
|
?
|
|
Lt Col
|
Rs 15100-400-18700 + RP 1600
|
?
|
|
Col
|
17100-450-19350 +RP Rs 2000
|
?
|
|
Brig
|
Rs 19100-450-22450 + RP Rs 2400
|
?
|
|
Maj Gen
|
Rs 20800-500-24800
|
?
|
|
Lt Gen
|
Rs 24800-525-26900
|
?
|
|
VCOAS
|
Rs 26000+2400= 28400
|
?
|
|
COAS
|
Rs 30000
|
?
|
* * * * *
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