Truth and Deceit:IV CPC Rank Pay case: Part II

Part II

From the above it is crystal clear that the rank pay was deducted twice. Once at the time of fixing the minimum initial pay for each rank from Capt to Brig in terms of para 6 (a) (ii) of SAI of 1987, and again at the time for calculation of emoluments which has been partially corrected now after the SC order. In most cases even the 20% fitment weightage was denied. 

The increased minimum initial pay at IV CPC will have a cascading effect on the pay scales at the V CPC as the integrated scale was replaced by individual rank based pay scales. Rank pay was also deducted at the time of pay fixation of V CPC both at the time of deciding on the rank based pay scales as well as at the time of fixation. The existing pay scales of V CPC are depressed scales based on the lowered minimum for each rank at IV CPC which needs to be corrected. Accordingly the new scales would be as given

Rank/Pay Scale	Existing as per SAI 1997 at V CPC	Revised scales w/o deduction of rank pay at V CPC
Captain	9600-300-11400 +RP 400	10000-300-11800+ RP 400
Major	11925-325-14850+RP1200	12800-325-16050 + RP 1200*
Lt Col	13500-400-17100+RP 1600	15100-400-18700+RP1600
Colonel	15100-450-17350+RP 2000	17100-400-19350+RP 2000
Brigadier	16700-450-18050+RP 2400	19100-450-20450+RP 2400

 

* Note:  The corresponding Civil scale of Major of 4100/4500, were rationalized and merged and given 14300-400-18300. Here again the Majors were given a raw deal.

Once this is implemented, then for VI CPC, the minimum of pay in the pay band and grade pay will correspondingly increase.

Rank		Existing / Revised Scales	Pay in the pay band	Grade Pay	MSP	Total Pay	Diff
Captain	Existing Revised	9600+400 RP 10000+400RP	18600 19350	6100 6600	6000 6000	30700 31950	1250
Major	Existing Revised	11600+1200RP 13125+1200RP	23810 26650	6600 7600	6000 6000	36410 40250	3840
Lt Colonel	Existing Revised	13500+1600RP 15100+1600RP	38530 42120	8000 8700	6000 6000	52530 56820	4290
Colonel	Existing Revised	15100+2000RP 17100+2000RP	40890 46050	8700 8900	6000 6000	55590 60950	5360
Brigadier	Existing Revised	16700+2400RP 19100+2400RP	43390 48870	8900 10000	6000 6000	58290 64870	6580

                       

Q         Was rank pay as admissible to Lt Col paid to Lt Col (TS)?

A         No, neither at IV CPC nor at V CPC.

Q         What is the definition of rank pay?

A         Rank pay as defined by the IV CPC states’ Rank pay is admissible to an officer appropriate to the rank actually held, either in acting or substantive capacity, in addition to the pay in the revised scale. It is also stated therein that rank pay forms part of basic pay. It has been further clarified by MoD vide their letter of 29 Feb 2000 that, It is that element of their pay which is identified with their rank, which in turn has a relationship with their scale of pay. It will consequently be taken into account for determining their entitlement to such of those financial benefits/concessions etc including retirement benefits, as are directly related to the basic pay or their pay scales.

The Army/Navy/Airforce instructions would be amended accordingly.

Q         What does DSR say on substantive pay?

            A           Changes in DSR 1962 Edition vs 1987 Edition

             Para 65 of 1962 edition

            “Substantive promotion to the rank of Lt Colonel of officers not promoted by selection

            under para 66 below, against the authorized establishment of Lt Cols, may be made,

            subject to their being considered fit in all  respects by time –scale, on completion of

        24 years reckonable commissioned service provided they  have not attained the

age  age  of  compulsory retirement. Officer so promoted will not  be reckoned, against the

tthe    authorised establishment of Lt Cols, but will be held in the separate ‘non-selection’  list   

  list, except that an officer selected to act as a Lt Col before completing 24 years  service and made substantive under this rule on completing 24 years’ reckonable service will be held against

an authorized Lt Col appointment”.         

          Para  66(i) of 1987 edition

 

           “Substantive promotion to the rank of Lt Col of officers not promoted by selection

            against the authorized establishment of Lt Cols, may be made, subject to their being

            considered fit in all  respects, by time scale, on completion of 21 years reckonable

            commissioned service but not more than 26 years reckonable commissioned service

            provided they  have not become due for retirement on the basis of the age of

            superannuation prescribed for the rank time scale of Lt Col. Officers so promoted will     not be reckoned, against the authorized establishment of Lt Cols, but will be held in             the  separate ‘non-selection’ list.  The number of officers held on the ‘non selection’         list will count against the authorized establishment of officers in the rank of           Major”.         

 

 1987 Regulation has equated time scale Lt Col, even if substantive after                     24 years of service, equivalent to Major. This equation was not laid  in  paragraph 65 of  Regulation    1962. This has caused financial loss to the non-selection list of officers. It should be noted that Time scale Lt Col  were given the pay scale of Lt Col on completion of 21 yrs of service by the V CPC. Such officers were promoted to the rank of Col with implementation of AV Singh committee recommendations and are  drawing pay and grade pay of Col after 6 CPC.

              Regulation for Army is a administrative document and is not required to                                include any instructions concerning financial implications. That being so, Regulation

of 1962 edition did not include any financial clause in this   administrative document, whwhereas 1987 Regulation did include financial  clause under para 66(i) by incorporating amendment like “non    selection  officers will count against officers in the rank of Major”.

           Perhaps the ‘Rank pay’ factor was not catered for, but the definition of                                 rank pay is very clear and needs to be implemented now both at IV as well as V CPC. This has concurrence of the MoF as per letter of 29 Feb 2000. It will restore pay and pension denied since 1986 to date. Concluded Part III