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Wednesday, June 20, 2012

Implement enhanced 5th Pay Commission pay scale of Majors w.e.f 1996 not 2000 : AFT


The 5th Central Pay Commission (CPC) had recommended the starting basic pay for the rank of Major @ Rs 12,800 including rank pay (Rs 11,600 + Rs 1200 rank pay to be counted as basic pay for all intents and purposes).

Since the integrated running scale in force till the 4th CPC was now changed into a fixed scale w.e.f 01-01-1996 by the 5th CPC, it was felt that Majors of the Army were at a disadvantage vis-à-vis their closest erstwhile counterparts, that is, the Non-Functional Selection Grade/Selection Grade officers of the Civil Services.

Accordingly, a High Level Committee was constituted which rendered its recommendations in July 1999 and which opined that though Majors could not be equated with the Selection Grade scale of Rs 14,300 – 18,300 (Now after 6th CPC, PB-4, Grade Pay 8700), there definitely was a requirement for parity with the Selection Grade of the Indian Police Service vis-à-vis Majors in the 14th Year of service which was historically enjoyed by the Defence Services. Accordingly, it was recommended that Majors and equivalent should get a start of Rs 13,125 rather than 12,800 so that they could attain near parity with IPS officers with 14 years of service.

Though the above was accepted, it was only made applicable from the date of issuance of orders, that is, 29 February 2000.

The prospective cut-off date was challenged by a group of Air Force officers who contended that since the anomaly in the scales had arisen with effect from the date of implementation of the 5th CPC, that is, 01 Jan 1996, the removal of anomaly also needed to be given effect from the date of inception of the said anomaly and not from a later artificial date.

The Hon’ble Principal Bench of the AFT has accepted the contention and allowed the Petition and directed the grant of the said enhanced start of basic pay with effect from 01-01-1996 rather than 29-02-2000.

It is also interesting to note that while the committee had accepted the near parity of the defence services with the IPS, the same has been totally ignored by the 6th CPC and also the govt thereafter. Civil services officers are now much better placed since under Non-Functional Upgradation, all Group-A civil officers retire with the pay and pension of a Lt Gen (HAG Scale) irrespective of their actual rank, grade or status.

With the self-defeatist ethos of the services and the sadism at play in the MoD, it could well be possible that even this well rounded and sound judgement of the AFT would be taken till the highest Court in order to wear out the litigants.

Only a very strong COSC and PPOC can check the slide of the services on the pecking order and the financial and social scale. 

18 comments:

Anonymous said...

Time will tell whether the COSC has any spunk. so far, they have not been able to do anything for the rank and file, be it rank pay case, DACP, NFFU etc.

Sathye said...

A fair judgement. Kudos to Maj Navdeep for disseminating the good news. Any idea as to what happened to the High Powered Committee?

Anonymous said...

I think at least the Alpha stories must cover the fact given in this article. Actually it should be given too wide publicity that how army officer are being cheated by this whole system

Harry said...

@ Maj Navdeep

Sir,

1. Thanks for the update.

2. Parity with IPS in 14 years... well that was in 1999 and we are now in 2012! Since then IPS have moved ahead by leaps and bounds (let us not talk of IAS) and on the contrary we are hurtling downhill. Better NOT to nurse such pipedreams and end up disgruntled/frustrated.

3. PPOC and COAS are NOT expected to acquire SUDDEN & NEWFOUND STRENGTH and VIGOUR. Mil babudom is NO BETTER than its civ counterpart.

4. ONLY a favourable Rank pay case verdict can make a positive difference to our lives otherwise there is little to look forward to.

Maj MR PENGHAL said...

MRP said......


Dear Maj Navdeep,

I fully agree with Harry and there is little hope. In every case UOI is going in appeal before Apex Court. While in some cases the orders of AFT have been complied, benefit of dis pen and rounding of given with interest but here again it is pick and choose and wholly discriminatory.

It is all confusion and confounded.

Only and only a favorable final judgment in Rank Pay case may make positive difference.

Penmil said...

Dear Harry and Maj. Navdeep,
The pay of Major Eq. has taken a big hit in the revisions of pay during the 5th as well as the 6th CPC's.
The revision of pay from Rs. 12800/-( 11600+1200) to Rs. 13125/-after the 5th CPC was not only implemented 4 years pus late, but the Pay in the Pay Scale continued to be shown as 11,600/- and not 11925+ Rank Pay even in the report of the 6CPC.
If the revision were taken into account rightly, then the MSP of Majors would have been 325X 2.14=695.50/- more.
In the fitment tables of SAI 2/S/2008, too the Major's starting pay was taken as Rs.11600/- instead of Rs.11925/-.
The least that could have been done was to start the Major's pay at 11925/- in the fitment tables, since the tables were made in 2008 and the revision came on 29 Feb,2000.
Thus all Majors wold have started with one increment of Rs.325/- and a corresponding increase of Rs. 696/- post 6th CPC.
Will this eroor and so any other errors be corrected in the 7th CPC?

Dhoop said...

I don't think we should feel despondent. Certainly, there is a need to doggedly assert our rights to our dues, but let's not say there is little to look forward to. We shall obtain what is just and fair.

The reference to V CPC again brings up the old issue of ACP. Was there, or was there not a specific recommendation in V CPC 5to that effect based on which AVS-I and II made their recommendations.

It has repeatedly been pointed out that recommendation, and all its direct offshoots, need to be implemented wef date of implementation of V CPC, at least those aspects which do not require actual service having been performed in select ranks.

BeeCee said...

Dear Navdeep,

I am glad someone has referred to the post V CPC HLC report, after all these years. Although I haven't seen the Services' proposal to the VI CPC, it would seem that our Pay Cells also did not read it. If they had, and taken that logic forward, things wouldn't have been this messy. Also,what was approved is not the HLC report but a diluted version. i have written about it before.
Dhoop - AVS I actually undermined the ACP logic of V CPC, rationale by HLC thus giving a handle to VI CPC to bypass set norms.
The HLC report may not have been comprehensive enough as it was also a damage control exercise but I suspect it is the only logical case the Services have made on the subject since the Q&M paper of 82(?).
BeeCee

Anonymous said...

Good Shot, some arrears!? How much?

Anonymous said...

How can we get the order of precedence of initial post independence back, today an IPS Offr becomes a DIG in thirteen years and I hear that after the sixth pay commission he has been equated to a Brig when he was earlier between a Lt Col and a Col and we can forget about the meteoritic rise of the IAS. Is there any way to fight this in the court on the logic that as we are all class I gazetted Officers, how come the IAS, IPS etc are being elevated like this with every pay commission while an equally if not more elite force - The Defence forces is going down in order of precedence ?

Anonymous said...

In re the policy letter stopping PC Army officers from competing in the LCE for IPS, I assume there is no such policy for the Navy and Air Force. I hope officers from these two services compete and make it in large numbers. Thatll leave the army brass redfaced.

COL LAMBA said...

A CRUEL JOKE WITH COL & BRIG
1.IN F 6th PAY COMMISSION FORMULATION.
GOVERNMENT & SERVICES CHIEF WERE BENT UPON TO GIVE BETTER BENEFITS TO COL & BRIG.TO RESTORE IMAGE & BENEFITS OF COL & BRIG.
2.THE 6th CPC [BY MISTAKE /OR OTHERWISE] GAVE BENEFITS TO Lt COL & THEIR EQUALS PUSHED TO [PAY BAND-3].
3.AFTER SOME TIME AGAIN LT COL WERE PUT ON PAY BAND-4.
4.TO ADD FURTHER A DIG WHO WAS ONE TIME JUNIOR TO Lt COL
HAS BEEN MOVED TO BRIG PAY BAND AND COL HAS BECOME JUNIOR TO HIM.DIG RANK [TIME SCALE] IS ACHIEVED IN 14 YEARS, WHERE AS LT COL [TIME SCALE ]11 YEARS % COL[TIME SCALE ]IN 26 YEARS.
5. WHAT A INJUSTICE TO COL , A DIG OF 14 YEARS [NOW WHO HAS MOVED TO BRIG SLAB], Colonel has been equated with Non-Functional Selection Grade (NFSG
6. The rank of a DIG who was till date between a Lt Colonel and a Colonel is now officially equal to a Brigadier..
DIG WHO WOULD HAVE BEEN A SSP AS POLICE UPGRADATION TAKEN PLACE DURING COAS MALHOTRA TIME IS TAKEN INTO ACCOUNT.
8.THE MORALE OF A COL IS NOW IN BOOTS,SO HOW YOU WILL HAVE EXCELLENT FINE FIGHTING MACHINERY. THE SELECTION GRADE COL HAS NOW BECOME JUNIOR TO DIG [TIME SCALE]. WHAT AN IRONY?
9.COL SERVING UNDER HIS JUNIOR[DIG] IS AGAINST ARTICLE 14 OF CONSTITUTION AS MENTIONED BY SUPREME COURT
10. Remember in the IV CPC recommended the same pay for Director, Lt Col and DIG. After protests from the police, pay of both Lt Col and DIG were increased at the time.
11. COL SHOULD BE IMMEDIATELY BE MOVED TO THE SCALE ABOVE DIG SO AS TO AVOID COMMAND & CONTROL PROBLEM IN RR/ASSAM RIF & AID TO CIVIL POWER EXTRA
MOREOVER NO /ZERO DIFFERENCE IN PENSION THAN WHY SLOG & GET KILLED OR INJURIED WHEN NO BENFITS / REWARD FOR WORKING
17. A DANGEROUS SITUATION FOR ARMY.BULK OF ARMY OFFICER RETIRES IN COL & BELOW RANK. FOR JUST RS 777/ WHY SLOG FOR LIFE & RISK LIFE. A BIRTH TO COWARD ARMY WILL COME TO LIGHT IF THIS SITUATION PREVAIL]
18. ENORMOUS BENEFIT TO TIME SCALE MAJ THAN TIME SCALE LT COL [ALL PROMOTION AT NO RISK]
19.WHERE IS REWARD TO COL/BRIG WHO WORKED HARD FOR PROMOTION & ORGANISATIONAL GROWTH, ALL THEIR LIFE
20. COL/BRIG IS IN FORE FRONT DURING PEACE/WAR AND WITH DIRECT COMMUNICATION WITH MEN.COL/BRIG IS A KING PIN BETWEEN TROOPS & HIGHER UPS.
21. WORKING UNDER JUNIOR [DIG] WILL HAVE TREMENDOUS DISASTER FACTOR & FIGHTING EFFICENCY OF ARMY WILL GO DOWN THE DRAIN
22. DO NOT LOWER MORALE OF COL/BRIG WHO IS REAL LEADER IN ACTUAL FRONT DURING PEACE/WAR & A GREAT MOTIVATOR FOR TROOPS.
23. THE FOLLOWING SCALES WILL KEEP ARMY IN TACT. IN HIGH SPIRITS & WILLINGNESS TO WORK WITH PRIDE ,WITHOUT DILUTING CIVIL STRUCTURES SPECIALLY IN HIGHER ECHELONS
24.This step is immediately required as it is affecting the structural parity within the forces. It has suggested it shoud be adopted without delay since this is a functional necessity.
25.RECOMMENDED PAY SCALES:
COL [TS] [Equialvent to IAS Selection Grade Pay Band: Rs 37400-67000 Grade Pay Rs 8700] TO BRIG PAY BAND SCALE
[BULK OF ARMY OFFICER RETIRE UPTO THIS RANK]
COL[S] & BRIG TO BE PLACED IN MAJ GEN PAY BAND SCALE
Pre-revised scale: 18400-500-22400 [SPLIT SCALES IN TWO EQUAL HALVES]
Revised Pay Bank PB-4 +Grade Pay + MSP: 37400-67000 + 10000
[BULK OF IAS & IPS RETIRE IN THIS GRADE]
COL [SELECTION] [Equialvent to IAS Pre-revised scale: 18400-500-22400 Super Time Scale Pay Band: Rs 37400-67000 Grade Pay Rs 10000]
Revised Pay Bank PB-4 +Grade Pay + MSP: 37400-67000 + 10000
Pre-revised Basic Pay Revised Pay
Pay in the scale Rank Pay Pay in the Pay Band National benefit of MSP* Total Pay in Pay Band Grade Pay Total Revised Pay
18400 44700 6000 50700 10000 60700
21900 50340 6000 56340 10000 66340
680

Raj said...

Should we feel happy about this judgement?Will government implement this?See the fate of DACP for AMC.I feel AFT and its verdicts are just a joke for government .

Rohit Agarwal said...

Succinct and insightful as always Navdeep.
My perception is that it is inadequate homework by the concerned officers, combined with lack of ability to view the big picture, which causes such auto-flagellation. Senior officers prefer a power point presentation rather than wading through files to ascertain issues involved in any case. Junior officers preparing the presentation are either overworked or loath to take the trouble of understanding the full facts before trying to explain them.

So it becomes an exercise of blind leading the blind, with a whole lot of parochialism and prejudices thrown in.

Dhoop said...

This refers to the comment by BeeCee, dated 24 June, which states,"...AVS I actually undermined the ACP logic of V CPC...".

It may certainly have undermined the true essence of ACP, but, as Covey says, "First things first."

Whatever AVS-I did offer ought at least have been made applicable to all who were in service on the implementation date of V CPC, or at least on the date the Committe was formed or, at the very least, on the date the committee submitted its report.

Now AVS-I recs may have fallen well short of what was required, but there was no reason to deprive, those who retired prior to its implementation, of even the watered down benefits AVS-I did provide to those who got them after its date of implementation.

And, it is not just those who retired. Even those who were in service and got the benefits, ought to have done so with retrospective effect.

The basic fact here is benefits, watered down or not, needed to be given retrospectively. My suspicion is there was a linkage between some of the recs of V CPC and formation of AVSC. There may well be a case for implementation of AVS-I wef 01 Jan 96.

Anonymous said...

I fail to understand one basic point... The Govt has been harping that Police and the IAS ( unlike the Major's Rank) are select grade appointments.... For god sake Police and IAS are not the ARMY or the defence services.... they both can go on strike and go for an unannounced leave when the crucial time or the CALL for DUTY comes.... NO army man would ever do that... Secondly... do they want the Army also to start doing this.....???
Secondly... if they want the Major's Rank to be a select Rank.. then so be it... One has to clear an exam for that an thereafter has to score above a specified grade in the ARs... hence it becomes a select rank... where is the issue... can the Army not explain such issues to the other side....

Anonymous said...

though a sound judgement,what are it repercussions on offrs who were to become time scale lt col in 1998 with pay scale of 13500+1200=14700? wont their pay scale be revised higher in view if the ruling?
how can one get that aft ruling? please guide.

DV said...

What has happened to this issue? Why is it not implemented?
Has the MoD taken the matter to SC?