15196/MSB/AG (PS)/Pay 19

19 Sep 2012

RANK PAY ANOMALY FOURTH AND FIFTH CENTRAL PAY COMMISSION RECOMMENDATIONS FOR ARMY OFFICERS MYTH OR REALITY BY MAJOR GENERAL MAHARAJ SINGH BHINDER (RETIRED) References: - 1. Revision of Pay Scales Army Officers: Fourth Central Pay Commission Special Army Instruction 1/S/1987. 2. Revision of Pay Scales Army Officers: Fifth Central Pay Commission Special Army Instruction 2/S/1998. 3. Central Civil Services (Revised Pay) Rules, 1986: Fourth Central Pay Commission. 4. S.R.O.12 (E) dated 23Sep 1986 {Civilians in Defence Services (Revised Pay), Rules, 1986. 5. Stagnation Increment: Department of Expenditure, Ministry of Finance, Office Memorandum No.7 (20) E III/87, dated 03 Jul 1987. 6. Central Civil Services (Revised Pay) Rules, 1997: Fifth Central Pay Commission. 7. Regulations of the Army, Defence Services Regulations (Revised Edition 1987). 8. Doctrine of Equal Pay for Equal Work: Article 39 (d) of Constitution.

SECTION 1 INTRODUCTION
1.1 The Supreme Court ruling on rank pay has set at rest the controversy on deduction of rank pay rule being indefensible and therefore, the initial revised pay fixation procedure for Fourth Pay Commission has to be rehashed as for the Central Civil Services (Revised Pay) Rules 1986. However, it needs to be examined whether the revised pay fixation modus-operandi will fully restore the rank pay as is commonly perceived by the Army Officers or is there something more than what meets the eye. The ramification of deduction of rank pay rule can only be appreciated through comparative study with the practices followed by the Central Civil Services (Revised Pay) Rules 1986 vis--vis SAI 1/S/1987 and establish the real reason if the rule was introduced by design or an error of judgment.

2 1.2 The litmus-test is whether accretion due to Fitment weightage benefit of 20 percent of the pre-revised basic pay is granted in full measure as recommended by the IV CPC as sequel of Supreme Court ruling and at par with the Central Civil Services (Revised Pay), Rules 1986 in different ranks and slab of service. The unusual procedure seems to have been introduced to dilute 20 per cent Fitment weightage benefit since integrated pay scale structure was totally indefensible and lacked harmonization with pay scales for Major General. Whether Supreme Court ruling has fully redeemed aspirations of officers commonly perceived as Restoration of Rank Pay will have to be examined. 1.3 The application of doctrine of Equal Pay for Equal Work as enshrined in the directive principles of the State Policy in Chapter IV of the Constitution and accepted by the Supreme Court into Fundamental Right to Equality has enormous significance wherever pay of senior officer is less than the junior officers in rank and length of service. However, its application has been given a goby while deciding pay of Major Generals promoted prior to 01 Jan 1986. 1.4 The linkage with V CPC is imperative for relative study to arrive at reasonable solutions as the bureaucratic misdemeanor has ensured that modus operandi for fixing the initial revised pay also suffers similar anomalies on account of deduction of rank pay rule particularly when revised pay scales appear to be reasonably sustainable. AIM 1.5 The aim of this study paper is to establish cause and effect correlation of deduction of rank pay, its impact on 20 per cent fitment benefit vis-a-vis viability of the integrated scales of pay to resolve denial of rank pay myth? BACKGROUND IV Central Pay Commission 1.6 The proviso of Paragraph 6 (a) (ii) of SAI 1/S/1987 concerning deduction of rank pay from the emoluments after adding up 20 per cent Fitment in pre-revised basic pay although has been annulled by the Supreme Court yet the raging controversy continues as to the valid reasons of introducing this rule. It needs to be examined if conflicting requirement of pay including rank pay are properly synchronized and 20 per cent Fitment weightage benefit of pre-revised basic pay sanctioned to all categories of the Central Civil Services is rightfully being enjoyed by all Army Officers as well. 1.7 The proviso of Clause 6 (a) (i) versus 6 (a) (ii) of SAI 1/S/1987 are mutually incompatible, whereas the rule on addition of 20 per cent Fitment weightage benefit in the existing basic pay of the existing emoluments enhances the initial revised pay and on the contrary the deduction of rank pay after the existing emoluments have been so increased partially countermand the benefit so accrued. The analysis per-se will have to evaluate if integrated pay scales are harmonized to ensure fair and equitable benefit to all the officers. 1.8 Prima facie it appears that the bureaucracy has deliberately framed deduction of rank pay rule to squeeze initial revised pay of all officers upto the rank of Brigadier at Rs.5, 100 and is restricted to Rs.6, 600 including rank pay, annual/stagnation increments during the currency of IV CPC or else it would breach the pay ceiling of Rs.6, 700 for Major General.

3 1.9 It is imperative that we must understand the real reasons of introducing deduction of rank pay rule and establish cause and effect correlation to enable us to maximize the benefits likely to accrue on account of court ruling. Even though immense injustice has been done while fixing the initial revised pay yet analysis do not support the commonly held view of denial of rank pay. The likely benefits may be muted than what has been envisaged by most of us. Linkage with V Central Pay Commission 1.10 It is crucial to link Clause 6 (a) (ii) of SAI 1/S/1987 for IV CPC with Clause 5 (a) (ii) of SAI 2/S/1998 for V CPC being analogous for computing initial revised pay and analysis are, therefore, proposed to be extended to V CPC for comparative study. 1.11 It appears that the pay scales recommended by V CPC are reasonably workable except for the rank of Brigadier where Government took effective measures to shore up pay by Rs.1, 350 over and above the pay recommended pay by V CPC. It is, therefore, baffling that bureaucratic misdemeanor has arrogated power to introduce deduction of rank pay rule leading to variable 40 per cent Fitment weightage benefit in different ranks, stages of pay and slab of service. Synopsis 1.12 It is apparent that once the existing anomalies for IVCPC are removed as a corollary the initial revised pay implemented for V CPC shall have to be overhauled thus accentuating the problem. The significance of cascading effect cannot be under estimated as any revision in pay scales of IV CPC will have impact on initial revised pay for V CPC and VI CPC as well.

4 SECTION 2 PREVIEW 2.1 The study paper has been divided into convenient parts and sections with a view to dedicate each section to an important theme having significant bearing on the overall pay analysis. Owing to intermingling and interweaving of core subjects, there is possibility of repetition as the aim is to appraise each issue from diverse angle especially in comparison with the Central Civil Services (Revised Pay), Rules. 2.2 Sections 3 to 7. Contains Pay Scales IV CPC, Pay Calculations as per CCS (RP), 1986 vis-vis SAI 1/S/1987, Variable Fitment Weightage Benefit of 20 Per Cent, Regulation of Pay on Promotion in Time-Scale Posts as per Fundamental Rule 22 (I) (a) (1) and its Impact on Pay Structure for Major General vis--vis Brigadiers, Fitment Tables and Measures to Remove Pay Anomalies. 2.3 Sections 8 to 10. Contains Pay Scales V CPC, Fixation of Initial Revised Pay Formula for Army Officers versus Central Civil Services, Variable 40 Per Cent Fitment Weightage Benefit and its Adverse Impact on Pay Scales of Major General Versus Brigadiers of Intra and Inter Arm and Services, Legitimacy of Doctrine of Equal Pay for Equal Work and Emerging Facts and Findings. 2.4 Sections 1I. Contains summary of recommendations and conclusion. 2.5 The supporting data and copies of important documents referred in the study paper are not being annexed to avoid cluttering up the main text and thus, it would be prudent to refer to the original documents wherever necessary. 2.6 The extensive efforts have been made to systematically study the pay rules but it would not be appropriate for anyone to infer that findings and conclusions are all encompassing and thus statutory audit guidelines for authoritative text information may have to be relied. The analysis of rules and regulations is exclusively of author and anyone having access to the study is free to interpret these rules/regulations in any manner they wish and draw appropriate deductions. 2.7 Last but not the least the views do not represent any segment of ex-servicemen bodies and is aimed to assist especially the retired officers regarding their pay entitlement for IV CPC and V CPC so that they can claim their legitimate dues.

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SECTION 3 PAY SCALES AND INITIAL PAY FIXATION FORMULA AS PER SAI 1/S/1987 FOR FOURTH CENTRAL PAY COMMISSION

3.1 The brief resume of pay fixation formula for Army Officers is given in the succeeding paragraphs for ready reference and main focus of ensuing discussion will be if the integrated scales of pay recommended by Fourth Central Pay Commission are reasonably workable. Pay Scales IV CPC 3.2 An extract of Paragraph 3 and 6 of SAI 1/S/1987 laying down the revised pay scales for officers of all Arms and Services excluding Military Nursing Services is reproduced below at Table A for ready reference: TABLE A
Ser No. (a) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Rank Minimum Pay in Completed Pay Integrated Pay Years of (Rs.) Scale (Rs.) Service (b) (c) (d) (e) (f) Lieutenant 2,3001003,900 NA 2,500 2 Captain 1504,200EB 200 2,800 5 Major/Lt Col (TS) 1505,100 600 3,400 11 Lt Col (Selection) 800 3,900 16 Colonel 1,000 4,500 20 Brigadier 1,200 4,950 23 Pay Scales for Major General and Above Major General 5,9002006,700 1. In terms of Para 3 (a) (ii) of SAI 1/S/1987 Lieutenant General 7,3001007,600 Rank Pay for Lieutenant Colonel (Time Scale) DGAFMS 7,600 (Fixed) is Rs.600. Army Cdr/VCOAS 8,000 (Fixed) 2. EB stands for Efficiency Bar. COAS 9,000 (Fixed) Rank Integrated Pay Scales (Rs.)

Pay Fixation Formula 3.3 The fixation of initial pay in the revised scale is regulated as follows as per proviso of Clause 6 (a) (i) and (ii) of Special Army Instruction 1/S/1987: (a) An amount representing 20 per cent of the basic pay in the existing scale shall be added to the existing emoluments of the officer. (b) 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 01 Jan 1986 at the rates prescribed in SAI 1/S/1987 will be deducted. Thereafter, the officers 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 Jan 1986 as prescribed in the tables, the pay will be stepped up to such minimum provided the officer has completed the length of reckonable commissioned service indicated in the Table A for officers of all Arms and Services (except Army Medical Corps, Army Dental Corps, Remount Veterinary Corps and Military Nursing Service).

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3.4 While fixing the initial revised pay it is vital to understand the underlying principle given below which will help us to establish the cause and effect correlation of deduction of rank pay vis--vis viability of integrated scales of pay:(a) If the amount so computed as at Paragraph 6 (a) (ii) of SAI 1/S/1987 is more than the maximum of the revised scale, the pay will be fixed at the maximum of the revised scale. {Authority: Paragraph 6 (c) of SAI 1/S/1987} (b) If the minimum of the revised scale is more than the amount so computed as at Paragraph 6 (a) (ii) of SAI 1/S/1987, the pay will be fixed at the minimum of the scale. {Authority: Paragraph 6 (d) of SAI 1S/1987} 3.5 Owing to bunching of pay, grant of extra increment is regulated in terms of Paragraph 6 (h) of SAI 1/S/1987. However, no efforts are being made to reflect the same in the Fitment Tables due to complexities involved as individual officers having access to this study paper can easily construct their pay entitlement subject to number of increments availed in previous pay scale. 3.6 The main focus for ensuing discussion will be if 20 per cent Fitment weightage benefit as mandated vide government resolution is extended in equal measure to all the officers up to the rank of Major General. Grant of Stagnation Increment 3.7 The government accepted the recommendations of the Fourth Central Pay Commission contained in Para 23.10 of Part I relating to grant of stagnation increments with modification that the scheme of stagnation increment will apply to employees maximum of whose scale of pay does not exceed Rs.6, 700 per month and who may reach the maximum of their revised scale of pay shall be granted one increment on completion of every 2 years at the maximum of the respective scales. The stagnation increment shall be equivalent to the rate of the increment last drawn by them in their pay scale and shall be treated as personnel pay. A maximum of three such increments shall be allowed. The pay plus stagnation increments shall in no case exceed Rs.7, 300. These orders will take effect from 01 Jan 1986 as notified vide Ministry of Finance, (Department of Expenditure), Office Memorandum No.7 (20) E III/87, dated 03 Jul 1987. Synopsis 3.8 The brief resume of pay scales and methodology of calculating the initial revised pay is intended to provide self contained platform to the readers of this study paper. However, it will be appropriate to refer the original instructions for greater understanding of the issues involved. The stipulations for grant of stagnation increments have special significance to reflect viability of scales at various stages of pay in different ranks and slab of service.

SECTION 4
PAY FIXATION FORMULA IN CENTRAL CIVIL SERVICES 4.1 The efficacy of unconventional method adopted for fixing initial revised fixation of pay after deduction of rank pay in terms of Paragraph 6 (a) (i) and (ii) (aa) of SAI 1/S/1987 will be examined vis--vis Central Civil Services (Revised Pay), Rules 1986 with special reference to whether 20 per cent Fitment benefit has been granted in equal measures to all the officers. Pay Fixation Formula in Central Civil Services 4.2 The fixation of initial pay in the revised scale is worked out in terms of Clause (A), (B) and (C) of Rule 7 of Central Civil Services (Revised Pay) Rules 1986 and S.R.O.12 (E) dated 23Sep 1986 {Civilians in Defence Services (Revised Pay), Rules, 1986} is regulated as under: (a) An amount representing 20 per cent of the basic pay in existing scale, subject to a minimum of Rs.75, shall be added to the existing emoluments of the employee; (b) After the existing emoluments have been so increased, the pay shall thereafter, be fixed in the revised scale at the stage next above the amount thus computed: Provided that (a) If the minimum of the revised scale is more than the amount so arrived at, the pay shall be fixed at the minimum of the revised scale; (b) If the amount so arrived at is more than the maximum of the revised scale, the pay shall be fixed at the maximum of that scale. 4.3 The highlights of initial pay fixation formula for central civil services are as follows:(a) Fitment weightage benefit of 20 per cent of the pre revised basic pay is subject to minimum of Rs.75. (b) Pay in the revised scale is to be fixed at the stage next above the figure at the total even in cases where there is stage equal to the total. (c) There is no rule specifying deduction of special pay authorized to certain categories on the lines of deduction of rank pay entitlement to Army Officers. Synopsis 4.4 The comparative study of pay fixation formula for Central Civil Services vis-a-vis rule on deduction of rank pay as per SAI 1/S/1987 for Army Officers will help in resolving the myth of denial of rank pay perceived by officers.

8 SECTION 5 PAY FIXATION FOR BRIGADIERS AND MAJOR GENERAL AS PER CCS (RP), RULES 1986 VIS-A-VIS SAI 1/S/1987 Fixation of Initial Pay 5.1 The Table B below gives calculations of initial revised pay in the new pay scales as per Central Civil Services (Revised Pay), Rules, 1986 vis--vis proviso of Paragraph 6 (a) (i) and (ii) (aa) of SAI 1/S/1987 by applying deduction of rank pay rule for comparative study with a caveat that 20 per cent Fitment weightage benefit is being extended in full in either case:TABLE B
Integrated Pay Scales for Brigadiers and Below: Rs.2,3001003,900150 4,200EB1505,100 Plus Rank Pay:Rs.1,200 Stages of Pay Pay and Allowances Rule 7 (I) (A) of CCS (RP) Para 6 (a) (i) and (ii) (aa) of Headings
Ist Rules 1986 2nd 3rd Ist SAI 1/S/1987 2nd 3rd

Ser No. (a) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23.

(b) (c) (d) (e) (f) (g) (h) Existing Basic Pay (III CPC) 2200 2300 2400 2200 2300 2400 Dearness Allowance 243 100 NA 243 100 NA Additional Dearness Allowance 1207 1350 1450 1207 1350 1450 Ad-hoc Dearness Allowance 596 689 782 596 689 782 Interim Relief I and II 300 330 340 300 330 340 Existing Emoluments on 01 Jan 86 (1 Plus 5) 4546 4769 4972 4546 4769 4972 Add 20 % Fitment Weightage vis--vis (1) 440 460 480 440 460 480 Total Emoluments (6 Plus 7) 4986 5229 5452 4986 5229 5452 Rank Pay (IV CPC) 1200 1200 1200 1200 1200 1200 Deduct Rank Pay {(8) Minus (9)} NA NA NA 3786 4029 4252 Pay Next Above Rule {8 (c) to (e) & 10 (f) to (h)} 5100 5250 5550 4950 4950 5100 Add Rank Pay (IV CPC) 1200 1200 1200 1200 1200 1200 Revised Initial Pay (11 Plus 12) 6300 6450 6750 6150 6150 6300 Deficit: SAI 1/S/1987 vs. CCS (RP) 1986 i.e.{(f), (g) & (h) vs. (c), (d) & (e)} 150 300 450 Pay Fixation on Promotion from Brigadier to Major General on 02 Jan 1986 (Assumed Date) as per Fundamental Rule 22 (I) (a) (1) Maj Gen Pay Scale : Rs.5,900 200 6,700 Pay and Allowances CCS (RP), Rules 1986 14 (a) of SAI 1/S/1987 Headings Ist 2nd 3rd Ist 2nd 3rd Basic Revised Pay as Brigadier (IV CPC) 5100 5250 5550 4950 4950 5100 Rank Pay for Brigadier (IV CPC) 1200 1200 1200 1200 1200 1200 Add one Notional Increment 150 150 150 150 150 150 Notionally Increased Pay (18 + 19 +20) 6450 6600 6900 6300 6300 6450 Pay as Maj Gen to be Fixed at the Stage 6500 6700 7100 6500 6500 6500 Next Above the Notionally Increased Pay Deficit: SAI 1/S/1987 vs. CCS (RP) 1986 i.e.{(f), (g) & (h) vs. (c), (d) & (e)} Nil 200 600

Prognosis 5.2 The initial revised pay computed at Serial 11 (c) to (h) of Table B may be given incisive look in light of analogous Rule 7 (1) (A) (ii) (b) of CCS (RP), Rules 1986 and Clause 6 (c) of SAI 1/S/1987 which states that If the amount so arrived at is more than the maximum of the revised scale, the pay shall be fixed at the maximum of that scale. This rule is critical as it caps the maximum pay upto the rank of Brigadier at Rs.5,100 irrespective whether pay computation is done under CCS (RP), Rules 1986 or SAI 1/S/1987.

Scenario I
5.3 The initial revised pay at {11 (c), (d) and (e) of Table B} comes to Rs.5,100, Rs.5,250

and Rs.5, 550 based on the hypothesis that all officers have the fundamental right to enjoy 20 per cent Fitment benefit and with accretion of rank pay of Rs.1,200 at {13 (c), (d) and (e) of Table B} respectively the difference in initial revised pay computed in terms of CCS (RP), Rules 1986 vis--vis SAI 1/S/1987 would be as under:(a) Brigadier at First Stage of pay {13 (c) 13 (f)} Rs.150

(b) Brigadier at Second Stage of pay {13 (d) 13 (g)} Rs.300 (c) Brigadier at Third Stage of pay {13 (e) 13 (h)} Rs.450

5.4 The Brigadier in Third Stage of pay drawing maximum of the existing scale for more than a year as on 01 January 1986 is entitled next increment in revised scale in terms of Clause 7 (c) of SAI 1/S/1987 with effect from 01 Jan 1986 and in such a contingency the initial revised pay at {13 (e)} could well be fixed at Rs.6, 900 and as a result difference shall be Rs.600.

5.5 Prognosis. The critical analysis of data at Table B above reveals the following:(a) The difference in pay calculations as per CCS (RP) Rules 1986 {1 to 13 (c), (d) and (e) versus SAI 1/S/1987{1 to 13 (f), (g) and (h)} respectively is on account of dilution of Fitment weightage benefit and rank pay plays no role. (b) The dilution of 20 per cent Fitment weightage benefit computed as per CCS (RP), Rules 1986 versus SAI 1/S/1987 is as under:Ser No. (a) 1. 2. 3. Stages of Pay as Per Table B Above (b) Brigadier at First Stage of pay {7 (c) minus14 (f)} Brigadier at Second Stage of pay{7(d) minus 14 (g)} Brigadier at Third Stage of pay {7 (e) minus 14 (h)} Authorized (Rs.) (c) 440 460 480 Paid (Rs.) Amount In % (d) (e) 290 160 30 65.90 34.78 06.25 Dilution (Rs.) Amount In % (f) (g) 150 300 450 34.10 65.22 93.75

(c) The initial revised pay for Brigadier at Third Stage of pay {13 (e)} as per CCS (RP), Rules 1986 is more than even the maximum pay scale entitled to Major General by Rs.50 and this anomaly is the main reason of formulating deduction of rank pay rule to suppress pay of all officers upto the rank of Brigadier. (d) In contingency of initial revised pay being fixed at Rs.6, 900 in terms of clause 7 (c) of SAI 1/S/1987 for Brigadier in Third Stage of pay at {13 (e)} then the difference at {14(h)} could well be Rs.600 which would further accentuate the problem. (e) Infact the initial revised pay computed at {13 (c) to (e)} under CCS (RP), Rules 1986 and {13 (f) to (h)} as per SAI 1/S/1987 is more than the starting pay of Major General by Rs.400Rs.1000 and Rs.250Rs.400 respectively at different stages of pay and therefore, it is not surprising as to why draconian rules have been framed to suppress pay.

10 (f) The deduction of rank pay rule has been consciously invented to ensure that the initial revised pay is restricted to maximum of integrated scales of pay at Rs.5,100 upto the rank of Brigadier irrespective whether the full 20 per cent Fitment benefit is extended or not. (g) The anomaly has led to variable Fitment weightage benefit at various stages of pay in gross violation of Fundamental Right to Equality and with accretion of rank pay, there is overlapping into pay scale for Major General i.e. Rs.5, 900 200 6,700. (h) The stagnation increments are applicable only upto pay scale of Rs.6, 700 and initial revised pay for Brigadiers including rank pay at {13 (c) and (d) of Table B} shows that against entitlement of three stagnation increments, only two and one respectively can be availed and none for Brigadier at Third Stage at Serial 13 (e) of Table B. It is a classic case where not a single annual increment can be availed by Brigadiers. 5.6 Inferences. (a) The commonly held belief that government has committed faux pas by first deducting the rank pay and then adding it in the computed pay is misplaced as the deduction of rank pay rule is deliberately coined to suppress initial revised pay of all officers to a varying degree to adhere to ceiling of Rs.5, 100 up to the rank of Brigadier. (b) The Integrated scales of pay is unsustainable and there is total lack of harmonization with pay structure for Major General. (c) It can be reasonably stated that denial of rank pay is a myth and not a reality. (d) The remuneration based on relativity of precedence of ranks for officers given in Rule 733 of Regulations of the Army, Defence Services Regulations (Revised Edition), 1987 has been given a goby for the first time after Independence. (e) Major Generals have the legitimate right to draw higher remuneration since they are discharging more burdensome responsibilities vis--vis Brigadiers. (f) The award of higher pay to Brigadier vis--vis Major General at various stages of pay violates doctrine of Equal Pay for Equal Work as enshrined in the Directive Principles of Policy in Chapter IV of the Constitution and accepted by the Honourable Supreme Court into Fundamental Right to Equality so that it can be enforced by the Court. Scenario II 5.7 The mandatory capping of pay at Rs.5, 100 will restrict the initial revised pay at Serial 11 (d) and (e) of Table B at Rs.5, 100 even under CCS (RP), Rules 1986 and congruent of that difference in pay computation versus SAI 1/S/1987 would be as under:(a) Brigadier at First Stage of pay {11 (c) 11 (f)} Rs.150

(b) Brigadier at Second Stage of pay {11 (d) 11 (g)} Rs.150 (c) Brigadier at Third Stage of pay {11 (e) 11 (h)} Rs. Nil

11 5.8 Prognosis. The quirk methodology adopted for fixation of initial revised pay has led to far reaching implications as under:(a) The difference in pay calculations as per CCS (RP), Rules 1986 {11(c), (d) and (e)} vs. SAI 1/S1987 {11 (f), (g) and (h)} respectively is on account of dilution of Fitment

weightage benefit of 20 per cent and cannot be construed as denial of rank pay.
(b) The restricting pay at Rs.5, 100 is being artificially achieved through use of illegal rule of deduction of rank pay thus denying 20 per cent Fitment benefit to varying degree. (c) The critical question is revision of initial revised pay for Brigadier at {11 (d) and (e) of Table B} beyond Rs.5, 100 to ensure 20 per cent fitment weightage benefit is equitably enjoyed and to shore up pay of Major Generals promoted prior to 01 Jan 1986 suitably. 5.9 Inferences. The following inferences can be drawn:(a) It can be reasonably inferred that integrated scales of pay structure is not sustainable to ensure 20 per cent Fitment benefit to all officers despite mandate given by the government resolution. (b) The bureaucracy has invented deduction of rank pay rule to ensure that initial revised pay in all cases is capped at Rs.5, 100 and below thus countermanding Cabinet decision of awarding 20 per cent Fitment weightage benefit across the board to all the officers. (c) The capping of initial revised pay at Rs.5, 100 leads to variable Fitment benefit at different stages of pay in gross violation of Equality Before the Law? (d) It is further inferred that the rank pay denial is a myth and not a reality and deduction of rank pay rule has been used to suppress pay upto ceiling of Rs.5, 100. (e) Brigadiers at all three stages can only avail Stagnation Increments due to capping of pay at Rs.5, 100 without availing a single annual increment. Pay on Promotion to Major General 5.10 Let us make hypothesis that Brigadier in different stages of pay are promoted as Major General on 02 Jan 1986 and their pay is regulated in terms of Fundamental Rule 22 (I) (a) (1) as per Paragraph 14 (a) of SAI 1/S/1987 and assume that special provision is made to enable them to enjoy full 20 per cent Fitment weightage benefit. The difference in pay on promotion for a Brigadier would then be as under:(a) Brigadier at First Stage of pay {22 (c) 22 (f)} Nil

(b) Brigadier at Second Stage of pay {22 (d) 22 (g)} Rs.200 (c) Brigadier at Third Stage of pay {22 (e) 22 (h)} Rs.600

5.11 Prognosis. The computation has far reaching implications for pay entitlement of Major Generals promoted prior to 01 Jan 1986:-

12 (a) The pay scale of Rs.5, 900200 6, 700 for Major General is untenable and unless it is properly harmonized with integrated scales of pay the problem cannot be resolved. (b) The main reason of this aberration is due to denial of rank pay to Major General. (c) Owing to totally untenable pay structure for Major General, illegal rules were framed to suppress pay of Brigadiers and below to minimize pay overlapping. (d) The pay of all Major Generals who were drawing immediately before 01 Jan 1986 more pay than Brigadiers is stepped up to an amount equal to pay fixed for Brigadier in as per Paragraph 9 of SAI 1/S/1987. The mere pay equation with Brigadier is not enough since it violates doctrine of Equal Pay for Equal Work. (e) It effectively means that starting pay of Major General promoted prior to 01 Jan 1986 could well be fixed at Rs.7,100 far beyond the highest pay scale of Major General. How to resolve this critical issue as Major Generals are also equal stake holders? 5.12 The crux of the problem is denial of rank pay to Major General and foregoing discussion leads to following inferences:(a) The degree of responsibility being discharged in Army hierarchy has to be kept into view in time-scale posts where pay on promotion is regulated as per Fundamental Rule 22 (I) (a) (1) and remuneration must match with the responsibilities being discharged. (b) The grant of rank pay or rehashing of pay scale for Major General is imperative to remove pay anomaly and proper harmonization with integrated scales of pay. Options Available 5.13 The distinction between rank and seniority is the hallmark of hierarchical set up of Indian Army and has to be maintained at all costs. The non application of doctrine of Equal Pay for Equal Work within the same cadre has the effect of destabilizing these vitalities. An award of higher scale of pay en-masse to Brigadiers versus Major General promoted prior to 01 Jan 1986 is inappropriate and unconstitutional. 5.14 The laid down criterion of belonging to the same Arm or Service for stepping up pay of Major General vis--vis Brigadier promoted on or after 01 Jan 1986 in terms of Clause 9 (a) of SAI 1/S/1987 countermands proviso of Clause 74 of Regulations of the Army, Defence Services Regulations, Revised Edition 1987 wherein Brigadiers are removed from their regiments/corps /service. It is reasonably established that rules and regulations are of mere ornamental value. 5.15 The government is caught in its own web and problem to appropriately fix pay for Major Generals promoted prior to 01 January 1986 retrospectively cannot be resolved so easily unless the government displays magnanimity by either revising pay scales or grant rank pay to Major General or fix pay as per Fundamental Rule 22 (I) (a) (1) vis--vis senior most Brigadier from all Arms and Services by amending Clause 9 (a) of SAI 1/S/1987 to conform to provisions of Rule 74 of Regulations of the Army, Defence Services Regulations, Revised Edition 1987.

13 5.16 The main cause of mismatch and lack of harmonization in pay scales for Brigadier versus Major General is on account of non entitlement of rank pay to the later and as natural corollary if pay of Brigadiers and below it is imperative that the pay of Major General shall also have to be improved to maintain the equilibrium.

5.17 Brigadiers. The dilemma of partial denial of 20 per cent Fitment weightage benefit can
be resolved by exploring the following alternatives:(a) Option I. To facilitate award of full 20 per cent Fitment weightage benefit, integrated scales of pay ceiling may be raised to Rs.5, 550 and award of stagnation increments may be linked with the revised basic pay and rank pay may be excluded for ceiling being a separate element in terms of Paragraph 28.113 of IV CPC Report. (b) Option II. If pay computed is more than the maximum of the revised scale of pay i.e. Rs.5, 100 excluding the rank pay, it may be treated as personnel pay to be adjusted against the future increments. However, this alternative violates Fundamental Right to Equality as any dispensation given on 01 Jan 1986 unless extended to all officers during the currency of IV CPC would be unjust and discriminatory. 5.18 Major General. The options available for fixing initial revised pay for Major General are as under:(a) Option I. The ceiling of existing approved pay scale of Rs.5, 900 200 6, 700 be replaced by Rs.5, 900 200 7, 300 which in any case was operative for the Central Civil Services. However, implementation with retrospective effect may pose legal problems. (b) Option II. Appropriate rank pay may be granted to Major Generals over and above the approved pay scale of Rs.5, 900 200 6, 700 subject to maximum pay of Rs.7, 300 including stagnation increments. (c) Option III. Exploit potential of Fundamental Rule 22 (I) (a) (1) and fix initial revised pay vis--vis senior most Brigadier from all Arms and Services keeping in view proviso of Paragraph 74 of Regulations of the Army, Defence Services Regulations (Revised Edition) 1987. This is the most viable option and is legally tenable. Synopsis 5.19 The analysis unquestionably establish that rank pay plays no part in fixation of the initial revised pay or subsequently on promotion upto the rank of Brigadier on account of court ruling and therefore, annual or stagnation increments ought to be granted only in relation to integrated scales of pay independent of the rank pay. In view of this finding it is fallacious to conclude that pay of Brigadiers and below needs to be curtailed in any fashion. 5.20 It is appropriate to fix pay for Major Generals promoted prior to 01 Jan 1986 in terms of Fundamental Rule 22 (I) (a) (1) vis--vis the senior most Brigadier from all Arms and Services keeping in view proviso of Para 74 of Regulations of the Army, Defence Services Regulations, (Revised Edition) 1987 which is secular, binding and hence creation of false divide for stepping up pay of Major General versus Brigadier of the same Arm or Service vide Clause 9 (a) of SAI 1/S/1987 be scrapped being patently unreasonable and unconstitutional.

14 SECTION 6 FITMENT TABLES AS PER CCS (RP), RULES 1986 VIS--VIS SAI 1/S/1987 Fitments Tables 6.1 The preceding section dealt with the reasons of introducing deduction of rank pay rule and its cause and effect on the initial revised pay computed as per CCS (RP), Rules 1986 vis--vis SAI 1/S/1987 for the rank of Brigadier and on promotion as a Major General. This section will deal with pay computation for officers from Captain to the rank of Major General for relative study. 6.2 The Fitment Table C given below is self explanatory and modus-operandi for calculating initial fixation of pay is exactly the same as been discussed earlier. Anyone having access to the study paper must apply their mind while calculating their dues as the findings and conclusions drawn may not be all encompassing. The conclusions drawn will differ for various ranks, stages of pay and the service slab. The generic information given below is to be kept into consideration for calculations:(a) For relative study computation of initial revised pay in the new pay scale is worked out as per Central Civil Services (Revised Pay), Rules, 1986 vis--vis proviso of Paragraph 6 (a) (i) and (ii) (aa) of SAI 1/S/1987. (b) The revised pay in the new scale is fixed at a stage as per next above rule in Column (k) or (o) of Table C respectively. (c) While applying the next above rule for initial fixation of pay in Column (k) or (o) versus the amount computed at Column (j) or (n) respectively due care has been taken so that pay in no case is less than the existing pay being drawn at Column (h). (d) The figures in bold at Serial 5, 14, 26 and 32 are based on the Case Studies taken by the IV CPC and Serial 27 have been picked from the environment. (e) While computing the initial revised pay as per CCS (RP), Rules 1986 the Efficiency Bar at Rs.4, 200 has been ignored to ensure 20 per cent Fitment weightage benefit is allowed to Lieutenant Colonel at all stages of pay. (f) All payments on account of fraction of rupee have been rounded off to the nearest rupee. (g) The Additional Dearness Allowance (ADA) includes Dearness Allowance (DA) as well at Serial 29 to 37 in Column (e) of Table C. (h) Last Column (q) of Table C gives deficit accrued on account pay calculations as per CCS (RP), Rules 1986 vis--vis Paragraph 6 (a) (i) and (ii) (aa) of SAI 1/S/1987. 6.3 Ready Reckoner. The parameters discussed in previous section equally hold good and pay calculations from rank of Captain to Major General are calculated below in Table C:-

15 READY RECKONER AS PER CENTRAL CIVIL SERVICES (REVISED PAY), RULES 1986 VIS--VIS SAI 1/S/1987 TABLE C
Fixation of Initial Pay in the Revised Scale in Terms of Clause 7 (A), (B) and (C) of Central Civil Services (Revised Pay) Rules, 1986 Ser No. (a) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
Stage of Pay Basic Pay (3 CPC) (Rs.) DA at 272 Points (Rs.) ADA at (608 Points) (Rs.) Adhoc DA (Rs) I.R (I & II) (Rs) Existing Total Pay (c) to (g) (Rs.) 20% Fitment Basic Pay (Rs.) Revised Pay (h) + (i) (Rs.) Pay on Next Above Rule (j) Rank Pay (Rs.) Revised Pay (k) + (l) (Rs.)

Initial Revised Pay in Terms of Para 6 (a) of SAI 1/S/1987

Emoluments on Deduction of Rank Pay (j) (l) Pay on Next Above Rule(n) Revised Pay (o) + (l) (Rs.)

Deficit
Difference in Pay (k) (o) (Rs.)

(b) Ist 2nd 3rd 4th 5th 6th 7th 8th 9th 10th

(c) Capt 1100 1150 1200 1250 1300 1350 1400 1450 1500 1550 Major 1450 1500 1550 1600 1650 1700 1750 1800 Lt Col 1550 1600 1650 1700 1750 1800 1850 1900 1950 Col 1950 2025 2100 2175 Brig 2200 2300 2400

(d) 243 243 243 243 243 243 243 243 243 243

(e) 1207 1207 1207 1207 1207 1207 1207 1207 1207 1207

(f) NA NA NA NA NA NA NA NA NA NA

(g) 180 185 190 195 200 205 210 215 220 225

(h) 2730 2785 2840 2895 2950 3005 3060 3115 3170 3245

(i) 220 230 240 250 260 270 280 290 300 310

(j) 2950 3015 3080 3145 3210 3275 3340 3405 3470 3555

(k) 3000 3100 3100 3200 3300 3300 3400 3500 3500 3600

(l) 200 200 200 200 200 200 200 200 200 200

(m) 3200 3300 3300 3400 3500 3500 3600 3700 3700 3800

(n) 2750 2815 2880 2945 3010 3075 3140 3205 3270 3355

(o) 2800 2900 2900 3000 3100 3100 3200 3300 3300 3400

(p) 3000 3100 3100 3200 3300 3300 3400 3500 3500 3600

(q) 200 200 200 200 200 200 200 200 200 200

11. 12. 13. 14. 15. 16. 17. 18.

Ist 2nd 3rd 4th 5th 6th 7th 8th

243 243 243 243 243 243 243 243

1207 1207 1207 1207 1207 1207 1207 1207

NA NA 20 50 84 131 177 224

215 220 225 240 245 250 255 260

3115 3170 3245 3340 3429 3531 3633 3734

290 300 310 320 330 340 350 360

3405 3470 3555 3660 3759 3871 3983 4094

3500 3500 3600 3700 3800 3900 4050 4200

600 600 600 600 600 600 600 600

4100 4100 4200 4300 4400 4500 4650 4800

2805 2870 2955 3060 3159 3271 3383 3494

3200 3200 3300 3400 3500 3600 3700 3800

3800 3800 3900 4000 4100 4200 4300 4400

300 300 300 300 300 300 350 400

19. 20. 21. 22. 23. 24. 25. 26. 27.

Ist 2nd 3rd 4th 5th 6th 7th 8th 9th

243 243 243 243 243 243 243 243 243

1207 1207 1207 1207 1207 1207 1207 1207 1207

20 50 84 131 177 224 270 317 363

225 240 245 250 255 260 265 270 275

3245 3340 3429 3531 3633 3734 3836 3937 4039

310 320 330 340 350 360 370 380 390

3555 3660 3759 3871 3983 4094 4206 4317 4429

3600 3700 3800 3900 4050 4200 4350 4350 4500

800 800 800 800 800 800 800 800 800

4400 4500 4600 4700 4850 5000 5150 5150 5300

2755 2860 2959 3071 3183 3294 3406 3517 3629

3300 3400 3500 3600 3700 3800 3900 4050 4050

4100 4200 4300 4400 4500 4600 4700 4850 4850

300 300 300 300 350 400 450 300 450

28. 29. 30. 31.

Ist 2nd 3rd 4th

243 ----

1207 1450 1450 1450

363 433 503 572

275 282 290 297

4039 4191 4343 4495

390 405 420 435

4429 4596 4763 4930

4500 4650 4800 4950

1000 1000 1000 1000

5500 5650 5800 5950

3429 3596 3763 3930

4500 4500 4500 4500

5500 5500 5500 5500

Nil 150 300 450

32. 33. 34.

Ist 2nd 3rd

----

1450 1450 1450

596 689 782

300 330 340

4546 4769 4972

440 460 480

4986 5229 5452

5100 5250 5550

1200 1200 1200

6300 6450 6750

3786 4029 4252

4950 4950 5100

6150 6150 6300

150 300 450

35. 36. 37.

Ist 2nd 3rd

MG 2500 -1450 875 350 5175 500 5675 5900 NA 5900 5900 5900 5900 2625 -1450 984 363 5422 525 5947 6100 NA 6100 6100 6100 6100 2750 -1950 600 375 5675 550 6225 6300 NA 6300 6300 6300 6300 Connotation:1. As per CCS (RP), Rules 1986, Fitment Weightage Benefit of 20 per cent is subject to minimum of Rs.75 but no such proviso exists for the Services. 2. Rank Pay of Lieutenant Colonel (Time Scale) would be as applicable to Major i.e. Rs.600. 3. Variation in 20 per cent Fitment weightage benefit in Column (i) versus deficit at Column (q) is on account of pay fixation under next above rule. 4. Lieutenant Colonel in 7th and 9th stage of pay at Serial 25 and 27 is likely to be major beneficiary if embargo of Efficiency Bar is not applied. 5. Colonel in 1st stage of pay at Serial 28 is singularly lucky to have got full benefit of Fitment weightage and may not be eligible to get any gain. 6. Colonel in 4th stage of pay at Serial 31 {Column (m)} would be drawing Rs.50 more than Major General at Serial 35 i.e. starting pay of Rs.5, 900. 7. Brigadier in 1st stage of pay at Serial 32 would be drawing Rs.400 or Rs.200 more than Major General at Serial 35 and 36 respectively. 8. Brigadiers pay at Serial 33 and 34 in Column (k) is likely to be capped at Rs.5, 100 and benefit in Column (q) may be Rs.150 or Nil respectively. 9. Pay of Major General promoted prior to 01 Jan 1986 must be fixed as per Paragraph 14 (a) of SAI 1/S/1987 vis--vis senior most Brigadiers. 10. Myth of denial of rank pay is misplaced and in actual fact it is a case of partial denial of 20 % Fitment benefit in various ranks and slab of service. 11. The deficit at Serial 1 to 10 (q) happens to be equal to the rank pay entitlement for a Captain and thus identical deficit in pay of Rs.200 at Serial 1 to 10 (q) being equal to the rank pay has led to the belief that the rank pay has been denied which is erroneous and misplaced. DISCLAIMER NOT TO BE QUOTED AS AN AUTHORITY

Nil Nil Nil

16

Prognosis 6.4 Captains at all Stages of Pay {Serial (1 10) of Table C}. (a) Fixation of initial revised pay vide Rule 7 of Central Civil Services (Revised Pay), Rules 1986 {Serial 1 to 10 (k)} allows full 20 per cent Fitment weightage benefit versus {Serial 1 to 10 (o)} vide Clause 6 (a) (ii) (aa), (c), (d), (h), (i) and (j) of SAI 1/S/1987 diluting Fitment benefit to varying degree. (b) Deficit at Serial 1 to 10 (q) is on account of dilution of Fitment weightage benefit which incidentally happens to be equal to rank pay entitlement for a Captain. (c) Identical difference in pay of Rs.200 at Serial 1 to 10 (q) being equal to the rank pay for Captain has led to the belief that the rank pay has been denied is erroneous and misplaced. 6.5 Majors at all Stages of Pay {Serial (11 18) of Table C}. (a) Fixation of initial revised pay as per Rule 7 of CCS (RP), Rules, 1986 {Serial 11 to 18 (k)} allows full 20 per cent Fitment weightage benefit vs. {Serial 11 to 18 (o)} calculated vide Clause 6 (a) (ii) (aa) of SAI 1/S/1987 which virtually wipes out the Fitment benefit. (b) Deficit at {Serial 11 to18 (q)} is on account of dilution of Fitment benefit and not due to denial of rank pay as is commonly perceived. 6.6 Lieutenant Colonel at all Stages of Pay {Serial 19 27 of Table C}. The method of computation is exactly the same as for preceding paragraphs and therefore, the discussion will dwell on the new issues affecting initial revised pay calculations for a Lieutenant Colonel. The basis of pay computation of an officer in the Ninth Stage of pay {Serial 27 (k) vs. 27 (o)} is as under which is based on the case study:(a) The initial revised pay as per Central Civil Services (Revised Pay), Rules 1986 works out to Rs.4,500 {Serial 27 (k)} versus Rs.4,050 {Serial 27 (o)} as per proviso of Clause 6 (a) (ii) of SAI 1/S/1987 and with accretion of rank pay of Rs.800 comes to Rs.5,300 and Rs.4,850 respectively. (b) The difference of Rs.450 {Serial 27 (k) minus 27 (o)} is on account of absolute denial of 20 per cent Fitment benefit. This is bizarre and betrays faith of officers in the system. (c) Whether the pay is fixed as per CCS (RP), Rules, 1986 or SAI 1/S/1987, it is hoped that Efficiency Bar at Rs.4, 200 will have no impact on fixation of initial revised pay. (d) The officer gets promoted as Colonel on 12 Jul 1986 and therefore, his monthly dues works out to Rs.450 {Serial 27 (k)} based on the initial revised pay. (e) In instant case benefit likely to accrue may be to the tune of Rs.2, 880 plus 6 per cent interest from 01 Jan 2006. What then is the fuss government making about? (f) It can be reasonably stated that the deficit is on account of denial of Fitment weightage benefit and not due to denial of rank pay as is commonly perceived.

17 6.7 Colonel at all Stages of Pay {Serial (28 31) of Table C}. The analysis given below is revealing and has far reaching implications:(a) Colonel in the First Stage of pay {28 (k) minus 28 (o)} is singularly lucky to have got full 20 per cent Fitment weightage benefit and shall not be entitled to get any benefit on account of court ruling? (b) Colonel in the Fourth Stage of pay {31 (k) minus 31 (o)} is singularly unlucky to have got Nil Fitment weightage benefit as per Clause 6 (a) (ii) of SAI 1/S/1987. (c) It is outrageous that Colonel at First Stage of pay gets full 20 per cent Fitment benefit and Colonel at Fourth Stage is completely denied thus violating Equality before the Law? (d) It is travesty of justice that even though pre-revised basic pay of a Lieutenant Colonel at Ninth Stage of pay {Serial 27 (o)} and Colonel in the First Stage of pay {Serial 28 (o)} were drawing the same basic pay yet the former is denied 20 per cent Fitment weightage benefit completely and later gets full Fitment weightage benefit. (e) It is incredible but true that as per CCS (RP), Rules 1986 Colonel in the Fourth Stage of pay {Serial 31 (m)} is entitled to initial revised pay of Rs.5, 950 including the rank pay thus placing him in higher pay vs. Major General at {Serial 35 (m)}. This anomaly is the mother of invention of deduction of rank pay rule and illegal means for fixing pay of officers. (f) The perception of denial of rank pay is a myth and not a reality. 6.8 Brigadiers and Major General at all Stages of Pay {Serial 32 37 of Table C}. No further analysis is warranted as comprehensive discussion has already taken place in previous sections; wherein it is established that pay scale of Major General is not harmonized with the integrated scales of pay and doctrine of Equal Pay for Equal Work has been compromised. Deductions 6.9 The broad consensus can be built on following issues where clear resolution has emerged:(a) The perception that rank pay has been denied is a myth and not a reality. (b) The deduction of rank pay rule has been coined by design and is not a judgmental error or faux pas committed either by Ministry of Defence or by Controller of Defence Accounts. (c) The variable Fitment weightage benefit at different stages of pay, in different ranks and slab of service is in gross violation of Fundamental Right to Equality. (d) The amount paid to Maj AK Dhanapalan on account of court ruling is part payment of Fitment weightage benefit denied earlier and it is erroneous belief that rank pay has been denied. The feeling stems from the fact that deficit in pay on account of denial of Fitment weightage benefit is equivalent to the rank pay of Rs.200 for Captain. (e) The pay of Colonel at Fourth Stage and Brigadiers at various stages of pay is more than pay entitlement of Major General which has led to coining of procedures and rules to restrict pay of Brigadiers and below.

18 (f) The pay anomalies are on account bad pay structure of integrated pay scales and due to lack of harmonization with pay scale of Major General. Review Pay Structure 6.10 The integrated scales of pay can absorb full 20 per cent Fitment benefit from Serial 1 to 30 of Table C and is fully workable. However, the initial revised pay at Serial 31 to 34 including the rank pay exceeds the starting pay of Major General by Rs.200 Rs.850 if complete 20 per cent Fitment weightage benefit is awarded and as a result revised basic pay breaches the ceiling of integrated scales of pay of Rs.5,100 by Rs.150 to Rs.450. The minimum that we can do is to grant Personnel Pay to the tune the pay exceeds Rs.5, 100 and to be absorbed against grant of future stagnation increments. The pay of Major Generals has to be shored accordingly. 6.11 The Apex Court has stressed from time to time that differentiation in pay amongst officers performing duties on the basis of tasks and responsibilities performed is a valid differentiation and this adage may be kept into view while taking any final decision. Synopsis 6.12 The method of fixing initial revised pay lacks transparency and smacks of arbitrariness. In addition to financial loss borne by the Army officers on the roll of Indian Army on 01 Jan 1986, the biggest casualty is the erosion of trust that the officers have blindly posed in the system. It is established beyond doubt that pay structure recommended by IV CPC and approved by the government is totally unsustainable. It can be categorical stated that pay anomaly is on account of bad pay structure and deduction of rank pay rule has been used as a smoke screen to restrict pay of officers upto the rank of Brigadier. 6.13 The award of variable 20 per cent Fitment Weightage Benefit in different ranks and slab of service is in gross violation of Fundamental Right to Equality. The perception that Rank Pay has been denied is a myth and not a reality. 6.14 The IV CPC has to be squarely blamed for giving lower starting pay to Major General at First Stage of pay by Rs.850 in relation to Brigadier in Third Stage of pay and the government did nothing to remove this anomaly except using discriminatory and unconstitutional means to suppress pay of officers upto the rank of Brigadiers. 6.15 The government is in catch 22 situation and recommended solutions in the study paper are pragmatic and can be implemented without much modification. The Doctrine of Equal Pay for Equal Work and equality with the Central Civil Services has to be given primacy over any other factor. 6.16 Ready Reckoner. The Fitment weightage benefit likely to accrue for different ranks and stages of pay for IV CPC is summarized in Table D and following points may be kept into consideration to decipher the calculations:(a) The difference in 20 per cent Fitment weightage calculations at Column (c) versus deficit

at Column (d) is on account of fixation of pay under the next above rule.
(b) Full Fitment weightage benefit to Major General at {Serial 35 to 37} is facade since starting pay is even less than a Colonel at {Serial 31} and Brigadiers at {Serial 32 to 34}.

19

READY RECKONER TABLE D

20 Per Cent Fitment Weightage Benefit Table: Fourth Central Pay Commission
Ser No. (a) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Stage of Pay (b) Captain Ist 2nd 3rd 4th 5th 6th 7th 8th 9th 10th Major Ist 2nd 3rd 4th 5th 6th 7th 8th Lt Col Ist 2nd 3rd 4th 5th 6th 7th 8th 9th Colonel Ist 2nd 3rd 4th Brigadier Ist 2nd 3rd Maj Gen Ist 2nd 3rd Authorized (Rs.) (c) 220 230 240 250 260 270 280 290 300 310 Deficit Versus (c) (Rs.) In % (d) (e) 200 200 200 200 200 200 200 200 200 200 90.90 86.95 83.33 80.00 76.92 74.07 71.42 68.96 66.66 64.51 Paid Versus (c) (Rs.) In % (f) (g) 20 30 40 50 60 70 80 90 100 110 09.10 13.05 16.67 20.00 23.08 25.93 28.58 31.04 33.34 35.49 Rank Pay (Rs.) (h) 200 200 200 200 200 200 200 200 200 200 Prognosis (i) 1. Serial 5, 14, 27, 28 and 32 are based on the Case Studies. 2. 24 categories got less than Rs.75 i.e. amount entitled to lowest rung civilian employee as per CCS (RP), Rules 1986. 3. Deficit at Serial {1 to 10 (d)} being equal to rank pay of Rs.200 has led to the belief that the rank pay has been denied. This perception is erroneous. 4. Serial 11, 12, 17, 18, 23, 24, 25, 27 and 31 are unlucky to get Nil Fitment Weightage Benefit of 20 per cent. 5. Colonel at Ist Stage at Serial 28 is singularly lucky to get 100 per cent Fitment Weightage Benefit of 20 per cent. 6. Major General at (35 to 37) get 100 per cent Fitment Weightage Benefit but initial revised pay is less than Colonel at Fourth Stage and Brigadiers at all Stages of pay. 7. Deficit in Column {11 to 34 (d)} is far less than Rank Pay in Column {11 to 34 (h)} and thus, the perception that the Rank Pay has been denied is incorrect. 8. Variable Fitment Weightage Benefit of 20 per cent is in gross violation of Fundamental Right to Equality. 9. Integrated scales of pay can absorb Full 20 per cent Fitment Benefit from (Serial 1 to 30) except Serial 31 to 34 where overlapping takes place in pay scale of Major General.

11. 12. 13. 14. 15. 16. 17. 18.

290 300 310 320 330 340 350 360

300 300 300 300 300 300 350 400

100.00 100.00 96.77 93.75 90.90 88.23 100.00 100.00

Nil Nil 10 20 30 40 Nil Nil

00.00 00.00 03.23 06.25 09.10 11.77 00.00 00.00

600 600 600 600 600 600 600 600

19. 20. 21. 22. 23. 24. 25. 26. 27.

310 320 330 340 350 360 370 380 390

300 300 300 300 350 400 450 300 450

96.77 93.75 90.90 88.23 100.00 100.00 100.00 78.94 100.00

10 20 30 40 Nil Nil Nil 80 Nil

03.23 06.25 09.10 11.77 00.00 00.00 00.00 21.06 00.00

800 800 800 800 800 800 800 800 800

28. 29. 30. 31.

390 405 420 435

Nil 150 300 450

Nil 37.03 71.42 100.00

390 255 120 Nil

100.00 62.97 28.58 00.00

1,000 1,000 1,000 1,000

32. 33. 34.

440 460 480

150 300 450

34.09 65.21 93.75

290 160 30

65.91 34.79 06.25

1,200 1,200 1,200

35. 36. 37.

500 525 550

Nil Nil Nil

Nil Nil Nil

500 525 550

100.00 100.00 100.00

NA NA NA

DISCLAIMER NOT TO BE QUOTED AS AN AUTHORITY

20

SECTION 7

MEASURES TO REMOVE PAY ANOMALIES FOURTH CENTRAL PAY COMMISSION

7.1 It is established beyond doubt that perception of rank pay being denied is a myth and not a reality. Infact 20 per cent Fitment benefit has been diluted to a varying degree depending upon the slab of service and the rank held as on 01 Jan 1986. 7.2 The integrated pay scales are totally untenable and detailed evaluation has thrown unique model for revised pay structure as Rs.2,3001003,9001504,200EB1505,550 which will allow full 20 per cent Fitment weightage benefit to all officers upto the rank of Brigadier but it may be difficult to implement retrospectively due to legal implications. 7.3 Ignore Efficiency Bar at Rs.4, 200 for fixing the initial revised pay. 7.4 The initial revised pay beyond Rs.5, 100 may be treated as Personnel Pay to be adjusted against the future annual or stagnation increments with the caveat that that if any officer retires during this period he would be allowed full benefit for pensionary purposes. 7.5 It can be categorical stated that all Major Generals promoted prior to 01 Jan 1986 are also the stake holders and are likely to be the major beneficiary of the court ruling. 7.6 Exploit potential of Fundamental Rule 22 (I) (A) (1) read in conjunction with Paragraph 74 Regulations of the Army, Defence Services Regulations, Revised Edition 1987 to fix pay of all Major Generals promoted prior to 01 Jan 1986 vis--vis senior most Brigadiers from all Arms and Services. Synopsis 7.7 The acid-test is that as and when integrated scales of pay are revised as suggested above they ought to be properly harmonized to ensure that 20 per cent Fitment weightage benefit of the pre-revised basic pay is fully extended to all officers on equitable basis. 7.8 The focus must be equality before the law and consistency of procedures for fixing initial pay in relation to central civilian employees. 7.9 Incase full benefit of 20 per cent fitment benefit is not extended to all the officers upto the rank of Brigadier and if pay of Major General promoted prior to 01 Jan 1986 is not stepped up as per Fundamental Rule 22 (I) (A) (1) vis--vis senior most Brigadier, it is reasonably certain that the affected officers will again knock the door of the highest court.

21

SECTION - 8 PAY ANOMALIES FIFTH CENTRAL PAY COMMISSION Background 8.1 The legacy of IV CPC about deduction of rank pay rule has been carried forward which has deleterious effect in calculating the initial revised pay. The bureaucratic misdemeanor has ensured that procedure adopted for initial revised pay fixation for V CPC also suffer similar anomalies since provision of clause 5 (a) (ii) of SAI 2/S/1998 is analogous to proviso of clause 6 (a) (ii) of SAI 1/S/1987. 8.2 The conclusions drawn for IV CPC mutatis mutandis would be equally applicable to V CPC wherever the procedure adopted is comparable. However, cascading effect on account of existing pay anomalies of IV CPC cannot be calculated at this stage being speculative and can only be addressed as and when these anomalies are removed. 8.3 The prima facie it appears that approved pay scales are reasonably workable in its present form except for over lapping of pay scale of Brigadier including the rank pay versus the Major General. 8.4 The doctrine of Equal Pay for Equal Work as per Chapter IV of the Constitution and accepted by the Supreme Court into Fundamental Right to Equality is equally applicable in this part of the study. 8.5 The perpetuation of procedural wrongdoings carried over to V CPC would eventually have major impact even on initial revised pay fixation for VI CPC and thus, pay anomalies needs to be resolved at the earliest to avoid financial catastrophic effect. Anomalies in Brief 8.6 The focus of discussion will continue to be the deduction of rank pay rule and comparison with practices adopted as per Central Civil Services (Revised Pay), Rules 1997 and evaluate if full 40 per cent Fitment weightage benefit is being extended in equal measure to all officers up to the rank of Brigadier or not. 8.7 The creation of clause 9 of SAI 2/S/1998 for stepping up pay of Major General promoted prior to 01 January 1996 versus Brigadiers shall remain the focus of discussion to arrive at any workable solution.

22 SECTION 9 PAY SCALES AND INITIAL PAY FIXATION FORMULA FOR FIFTH CENTRAL PAY COMMISSION Pay Scales V CPC 9.1 An extract of Paragraph 3 of Special Army Instruction 2/S/1998 giving revised scales of pay for officers of all Arms and Services alongwith rank pay excluding Military Nursing Service is reproduced in Table E below:TABLE E
Ser No. (a) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 11. Rank (b) Lieutenant Captain Major/Lt Col (TS) Lt Col (Selection) Colonel Brigadier Major General Lieutenant General DGAFMS Army Cdr/VCOAS COAS Revised Pay Scales (Rs.) (c) 8,250 300 10,050 9,600 300 11,400 11,600 325 14,850 13,500 400 17,100 15,100 450 17,350 16,700 450 18,050 18,400 500 22,400 22,400 525 24,500 24,050 650 26,000 26,000 (Fixed) 30,000 (Fixed) Rank Pay (Rs.) (d) NA 400 1,200 1,600 2,000 2,400 NA NA NA NA NA Remarks (e)
Lieutenant Colonel (Time Scale) to get Rank Pay of Major

Fixation Formula: Army Officers 9.2 The excerpt from Clause 5 (a) (i) and (ii) of SAI 2/S/1998 regulating initial revised pay is reproduced below: (a) The fixation of initial pay in the revised scales is regulated as under:(i) An amount representing 40 per cent 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 01 Jan 1996 at the rates prescribed in Paragraph 3 (a) (ii) of SAI 2/S/1998 shall be deducted. Thereafter, the officers pay will be fixed in the revised scale at the stage next above the amount thus computed. (b) If the amount so computed as at sub-paragraph (a) (ii) above is more than the maximum of the revised scale, 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 subParagraph (a) (ii) above, the pay will be fixed at the minimum of the scale.

23 Important Mandate 9.3 The important mandate is addition of 40 per cent Fitment weightage of pre-revised basic pay, rank pay and stagnation increments if applicable in the existing emoluments and dilemma in calculating the legitimate dues is on account of deduction of rank pay rule after the existing emoluments have been so increased before fixing pay as per sub-clause 5 (b) and (c) of SAI 2/S/1998. The legacy of deduction of rank pay rule has been carried forward from IV CPC and its impact on pay revision in various ranks and stages of pay will be evaluated. 9.4 The mandate of stepping up pay of Major General promoted prior to 01 Jan 1996 vis--vis Brigadier as per proviso of Para 9 of SAI 2/S/1998 is a unique feature and is meant to promote legacy of IV CPC where even integrated pay scales applicable to Brigadiers and below were suppressed to deny higher pay to Major General. The legality of quirk methodology adopted for stepping up pay will be examined in detail. Prognosis 9.5 Prima facie it appears that V CPC has adopted an irrational approach and the procedural wrangling persists resulting in loss of emoluments to certain categories of officers. The rules have been invented to partially negate 40 per cent Fitment weightage benefit especially when pay scales are reasonably workable. The issues which require clarity and have semblance of commonality with IV CPC are as under: (a) The legacy of lower starting pay for Major General versus Brigadier has been carried forward from IV CPC. (b) The provision of Paragraph 6 (a) (ii) of SAI 1/S/1987 and 5 (a) (ii) of SAI 2/S/1998 are analogous and thus, findings of IV CPC ipso-facto will also apply to V CPC so far as procedural deviations are concerned. (c) The deduction of rank pay rule has delirious effect in permitting complete 40 per cent Fitment weightage benefit equitably to all officers. (d) The anomalies in pay scales approved for V CPC would get further accentuated due to cascading effect on relief for IV CPC. Synopsis 9.6 The urgency to remove anomalies arisen due to deduction of rank pay rule cannot be over emphasized and the focus will be whether principle of inclusiveness accepted by Fifth Central Pay Commission has been followed in letter and spirit or is it only a hollow call? The principle of natural justice of protecting pay of senior officers seems to have been given a goby by two successive pay commissions.

24 SECTION 10 PAY ANOMALIES UPTO THE RANK OF MAJOR GENERAL General 10.1 The illustrations given in Table F are based on the case studies and the initial revised pay is computed as per Central Civil Services (Revised Pay), Rules, 1997 vis--vis Paragraph 5 (a) (ii) of SAI 2/S/1998 by applying deduction of rank pay rule for comparative study:TABLE F
Fitment Table for Brigadier and Major General V CPC Pay Scale: Brigadier:Rs.16,700 450 18,050 and Rank Pay of Rs.2,400 Major General: Rs18,400 500 22,400 Ser Pay and Allowances Headings Stages of Pay: Case Study No. Rank > Brigadier Major General Authority > SAI 2/S/1998 CCS (RP), Rules 1997 SAI 2/S/1998 Arm/Service > AOC AOC Signals AOC Arty Date of Seniority > 27.06.65 27.09.63 27.06.65 27.09.63 30.06.63 30.06.63 30.06.63 (a) (b) (c) (d) (e) (f) (g) (h) (i) 1. Existing Basic Pay (IV CPC) 5,100 5,100 5,100 5,100 5,100 6,700 6,700 2. Rank Pay (IV CPC) 1,200 1,200 1,200 1,200 1,200 NA NA 3. Stagnation Increments 150 300 150 300 300 NA NA 4. 6,450 6,600 6,450 6,600 6,600 6,700 6,700 Existing Basic Pay (1 + 2 + 3) 5. Dearness Allowance 6,660 6,660 6,660 6,660 6,660 6,660 6,600 6. Interim Relief I 100 100 100 100 100 100 100 7. Interim Relief II 645 660 645 660 660 670 670 8. Existing Emoluments on 01 Jan 96 (4 to 7) 13,855 14,020 13,855 14,020 14,020 14,130 14,130 9. Add 40 % Fitment Weightage vis--vis (4) 2,580 2,640 2,580 2,640 2,640 2,680 2,680 10. Total Emoluments (8 + 9) 16,435 16,660 16,435 16,660 16,660 16,810 16,810 11. Rank Pay (V CPC) 2,400 2,400 2,400 2,400 2,400 NA NA 12. Deduction of Rank Pay (10 minus 11) 14,035 14,260 NA NA NA NA NA 13. Increments on Account of Bunching 450 900 450 900 900 500 500 14. Total Emoluments vs.{12+13 (c) & (d)}and 14,485 15,160 19,285 19,960 19,960 17,310 17,310 {10 +11+13 (e), (f), (g), (h) and (i)} 15. Revised Pay vs.14 as per Next Above Rule 17,150 17,600 17,150 17,600 17,600 18,900 18,900 16. Add Rank Pay (V CPC) 2,400 2,400 2,400 2,400 2,400 NA NA 17. Revised Total Emoluments (15 + 16) 19,550 20,000 19,550 20,000 20,000 18,900 18,900 18. Stepping up of Pay: Para 9 of SAI 2/S/1998 (i) Basic Pay {17 (h) vis--vis 17 (d)} NA NA NA NA NA 19,900 19,900 (ii) Personnel Pay {17 (h) vis--vis 17 (d)} 100 100 19. Revised Total Emoluments 19,550 20,000 19,550 20,000 20,000 20,000 20,000 Pay on Promotion from Brigadier to Major General under Fundamental Rule 22 (I) (a) (1) NA 27.08.96 NA 27.08.96 15.03.96 31.03.95 13.03.95 20. Date of Promotion as Major General 21. Revised Basic Pay as Brigadier (V CPC) 17,150 NA 17,150 NA 17,600 NA NA 22. Rank Pay for Brigadier (IV CPC) 2,400 NA 2,400 NA 2,400 NA NA 23. Add one Notional Increment 450 NA 450 NA 450 NA NA 24. Notionally Increased Pay (21 + 22 + 23) 20,000 NA 20,000 NA 20,450 NA NA 25. Pay as Maj Gen as per Next Above Rule NA NA NA NA 20,400 20,400 20,900 26. Stepping up of pay at {19 (h) vis--vis NA NA NA NA NA 20,400 20,900 (Apr 96) 25 (c) or (e)} vide Para 7 of SAI 2/S/1998 27. Grant of Increment on 01 January 1997 NA NA NA NA NA 20,450 20,450 28. Pay as on 01 January 1997 20,400 20,450 20,400 20,450 20,900 20,400 20,900

10.2 The approved pay scale for Brigadier is Rs.16, 700-450-18, 050 as against Rs.15, 350-45017, 600 recommended by V CPC. While improving the starting pay of Brigadier by Rs.1, 350 to maintain marginal difference of pay in comparison to Colonel, the government failed to preserve equilibrium of pay with Major General who is in the pay scale of Rs.18, 400 500 -22, 400.

25 10.3 The starting pay of a Brigadier including the rank pay is more than Major General to varying degree depending upon the service slab thus creating unique provision of Paragraph 9 of SAI 2/S/ 1998 for stepping up pay of Major General promoted prior to 01 Jan 1996. The pay of Brigadier at {28 (d) and (f} vis--vis Major General at {28 (h)} has exceeded by Rs.50 as on 01 Jan 1997. Prognosis 10.4 The illustrations at Table F are analysed as under:(a) There is no difference in computation of initial revised pay at {17 (c) and (d)} as per CCS (RP), Rules 1997 versus corresponding pay calculations at {17 (e) and (f)} as per SAI 2/S/1998. (b) The Brigadiers from AOC {17 (c) and (d)} carrying varied seniority and service slab have an edge in pay by Rs.650 and Rs.1, 100 versus Major General at {17 (h)} whose pay is stepped up to Rs.20, 000 {18 cum 19 (h)} vide Paragraph 9 of SAI 2/S/1998.

(c) The initial revised pay of Brigadier from Signals at {17 (g)} reckoning same seniority
as for Major General at {17 (h) and (i)} has an edge in pay of Rs.1, 100. (d) The Fitment weightage benefit of 40 per cent is fully being enjoyed by all and difference in pay for Brigadiers versus Major General of all Arms and Services is due to unsustainable pay structure partially on account of legacy of IV CPC. (e) The award of higher pay to Brigadier violates doctrine of Equal Pay for Equal Work enshrined in the Directive Principles of Policy in Chapter IV of the Constitution and accepted by the Supreme Court into Fundamental Right to Equality and can be enforced by the Courts. (f) The creation of unique proviso of Paragraph 9 of SAI 2/S/1998 to remove pay anomaly for Major General is full of incongruent rules causing inequality. (g) No Brigadier has been denied the rank pay as is commonly perceived. (h) The relativity of precedence of rank for officers given in Rule 733 of Regulations of the Army, Defence Services Regulations (Revised Edition) 1987 has been given a goby by awarding higher remuneration to Brigadiers vis--vis Major General whereas the later is discharging more burdensome and onerous responsibilities. 10.5 Pay on Promotion to Major General. The pay of Brigadiers on promotion at {19 (c), (e) and (g)} as Major General is regulated as per Fundamental Rule 22 (I) (a) (1) vide Paragraph 12 (c) of SAI 2/S/1998 and is fixed at Rs.20, 400 {25 (c), (e)} and Rs.20, 900 {(g)} respectively:(a) Pay of Major General at {26 (h)} is stepped up to Rs. 20, 400 vis-a-vis {25 (c) and (e)} as per Paragraph 7 (a) of SAI 2/S/1998 with effect from 27 Aug 1996. (b) Pay of Major General at {26 (h)} is not stepped up against {25 (g)} though promoted nearly a year later despite being junior but reckoning same seniority as the later belongs to the Corps of Signals but it contravenes provisions of Rule 74 of Regulations of the Army, Defence Services Regulations (Revised Edition) 1987.

26 (c) The anomaly is due to proviso of Paragraph 7 (a) and 9 (a) of SAI 2/S/1998 which are neither secular nor in consonance with Rule 74 of the Regulations of the Army, Defence Services Regulations (Revised Edition) 1987. (d) The mere parity of pay with Brigadier grossly violates doctrine of Equal Pay for Equal Work enshrined in the Directive Principles of Policy in Chapter IV of the Constitution and accepted by the Supreme Court into Fundamental Right to Equality and can be enforced by the Courts. Inferences 10.6 (a) Fitment weightage benefit of 40 per cent is completely paid irrespective whether pay is computed as per CCS (RP) Rules 1997 or SAI 2/S/1998. (b) The deduction of rank pay even though has been introduced by design has no impact on pay computation for Brigadiers. (c) The common perception that rank pay has been denied is misplaced and erroneous. (d) The degree of responsibility being discharged in Army hierarchy has to be kept into view in time-scale posts where pay on promotion is regulated as per Fundamental Rule 22 (I) (a) (1) and remuneration has to match with responsibilities being discharged. (e) The main cause of mismatch and lack of harmonization in pay scales for Brigadiers vis--vis Major General is due to non entitlement of rank pay to the later. (f) The proviso of Paragraph 9 of SAI 2/S/1998 to step up pay of Major General promoted prior to 01 Jan 1996 vis--vis Brigadier is non secular and unconstitutional. Resolution to Solve Major Generals Pay 10.7 The initial revised pay for Major General promoted prior to 01 Jan 1996 is to be fixed in pursuance to Supreme Court ruling in Special Leave Petition (Civil) No.12357 of 2006 versus Major General SPS Vains (Retired) and others by Union Government of India in Civil Appeal No.5566 of 2008. The provision of Paragraph 9 of SAI 2/S/1998 stands amended and pay must be fixed as per Fundamental Rule 22 (I) (a) (1) read in conjunction with proviso of Paragraph74 Regulations of the Army, Defence Services Regulations (Revised Edition 1987). Synopsis 10.8 The Government of India has once again placed Major General in pay scale significantly lower than the Brigadier thus placing them in a diminutive position despite discharging higher responsibilities and more onerous duties. In some cases even the last pay drawn is lower than the Brigadier and congruent of that even pension awarded to Major Generals promoted prior to 01 Jan 1996 is also less. The steps taken to correct pay aberrations are inconsequential. 10.9 Fitment Tables V CPC. The Fitment tables for all categories are given at Tables G and Table H with suitable connotation wherever possible:-

27 FITMENT TABLE: V CPC TABLE G

Fixation of Initial Pay in the Revised Scale in Terms of Clause 7 (A), (B) and (C) of Central Civil Services (Revised Pay) Rules, 1997
Stage of Pay (a) Basic Pay * (Rs.) (5CPC) (b) DA on 01 Jan 1996 (Rs.) (c) I.R (I & II) (Rs) (d) Existing Pay (b) to (d) (Rs.) (e) 40% of Basic Pay (b) (Rs.) (f) Total Pay (e) + (f) (Rs.) (g) Pay on Next Above Rule (h) Rank Pay (Rs.) (i) Revised Pay (h) + (i) (Rs.) (j)

Revised Pay in Terms of Para 5 (a) of SAI 2/S/1998

Emoluments on Deduction of Rank Pay (g) (i) (Rs.) (k) Pay on Next Above Rule (l) Revised Pay (l) + (i) (Rs.) (m)

Deficit (j) (m)

Difference In Pay (j) (m) (Rs.) (n)

Ist 2th 3rd 4th 5th 6th 7th 8th 9th 10th Ist 2th 3rd 4th 5th 6th 7th 8th 9th 10th Ist 2th 3rd 4th 5th 6th 7th Ist 2th 3rd 4th 5th 6th 7th 8th Ist 2th 3rd 4th Ist 2th 3rd 4th 5th 6th 7th 8th

Capt 3000 3100 3200 3300 3400 3500 3600 3700 3800 3900 Maj 4000 4100 4200 4300 4400 4500 4650 4800 4950 5100 Lt Col 4500 4600 4700 4850 5000 5150 5300 Col 5500 5650 5800 5950 6100 6250 6400 6550 Brig 6150 6300 6450 6600 MG 5900 6100 6300 6500 6700 6900 7100 7300

4440 4588 4736 4884 5032 5180 5180 5180 5180 5180 5180 5180 5180 5180 5180 5180 5180 5328 5495 5661 5180 5180 5217 5384 5550 5717 5883 6105 6272 6438 6605 6660 6660 6660 6660 6660 6660 6660 6660

400 410 420 430 440 450 460 470 480 490 500 510 520 530 540 550 565 580 595 610 550 560 570 585 600 615 630 650 665 680 695 710 725 740 755 715 730 745 760

7840 8098 8356 8614 8872 9130 9240 9350 9460 9570 9680 9790 9900 10010 10120 10230 10395 10708 11025 11371 10230 12180 10487 10819 11150 11497 11813 12255 12587 12752 13250 13470 13635 13800 13965 13525 13690 13855 14020

1200 1240 1280 1320 1360 1400 1440 1480 1520 1560 1600 1640 1680 1720 1760 1800 1860 1920 1980 2040 1800 1840 1880 1940 2000 2060 2120 2200 2260 2320 2380 2440 2500 2560 2620 2460 2520 2580 2640

9040 9338 9636 9934 10232 10530 10680 10830 10980 11130 11280 11430 11580 11730 11880 12030 12255 12628 13020 13411 12030 12180 12367 12759 13150 13542 13933 14455 14847 15238 15630 15910 16135 16360 16585 15985 16210 16435 16660

9600 9600 9900 10200 10500 10800 10800 11100 11100 11400 11600 11600 11600 11925 11925 12250 12575 12900 13225 13550 13500 13500 13500 13900 13900 13900 14300 15100 15100 15550 16000 16000 16450 16450 16900 17150 17150 17600 17600

400 400 400 400 400 400 400 400 400 400 1200 1200 1200 1200 1200 1200 1200 1200 1200 1200 1600 1600 1600 1600 1600 1600 1600 2000 2000 2000 2000 2000 2000 2000 2000 2400 2400 2400 2400

10000 10000 10300 10600 10900 11200 11200 11500 11500 11800 12800 12800 12800 13125 13125 13450 13775 14100 14425 14750 15100 15100 15100 15500 15500 15500 15900 17100 17100 17550 18000 18000 18450 18450 18900 19550 19550 20000 20000

8640 8938 9236 9534 9832 10130 10280 10430 10580 10730 10080 10230 10380 10530 10680 10830 11055 11428 11820 12211 10430 10580 10767 11159 11550 11942 12333 12455 12847 13238 13630 13910 14135 14360 14585 13585 13810 14035 14260

9600 9600 9600 9900 9900 10200 10500 10500 10800 10800 11600 11600 11600 11925 11925 11925 12250 12250 12250 12575 13500 13500 13500 13500 13500 13900 13900 15100 15100 15100 15550 15550 15550 16000 16000 17150 17150 17600 17600

10000 10000 10000 10300 10300 10600 10900 10900 11200 11200 12800 12800 12800 13125 13125 13125 13450 13450 13450 13775 15100 15100 15100 15100 15100 15500 15500 17100 17100 17100 17550 17550 17550 18000 18000 19550 19550 20000 20000

Nil Nil 300 300 600 600 300 600 300 600 Nil Nil Nil Nil Nil 325 325 650 975 975 Nil Nil Nil 400 400 Nil 400 Nil Nil 450 450 450 900 450 900 Nil Nil Nil Nil

6549 690 13139 2360 15449 18400 NA 18400 NA NA NA NA 6660 710 13470 2440 15910 18400 NA 18400 NA NA NA NA 6660 730 13690 2520 16210 18400 NA 18400 NA NA NA NA 6660 750 13910 2600 16510 18900 NA 18900 NA NA NA NA 6660 770 14130 2680 16810 18900 NA 18900 NA NA NA NA 6660 790 14350 2760 17110 18900 NA 18900 NA NA NA NA 6816 810 14726 2840 17566 19400 19400 NA NA NA NA NA 7008 830 15138 2920 18058 19400 NA 19400 NA NA NA NA 1.* The basic pay in Column (b) of Table G includes stagnation increment and rank pay wherever applicable. 2. For basic pay upto Rs.3, 500: Dearness Allowance is 148 Per Cent. 3. For basic pay from Rs.3, 501 to Rs.6, 000: Dearness Allowance at 111 Per Cent subject to a minimum of Rs.5, 180. 4. For basic pay of Rs.6, 001 and above Dearness Allowance is 96 Per Cent subject to a minimum of Rs.6, 660. 5. Admissible Dearness Allowance at index average 1510 (1960 = 100) under the relevant orders. 6. Interim Relief (I.R) I at Rs.100 PM for all and I.R. II at 10 Per Cent of pay subject to a minimum of Rs.100 PM. 7. Pay under column (h) vide third proviso to Rule 7 (I) of CCS (RP) Rules 1997. 8. Pay shall be fixed in the revised scale at the stage next above the amount thus computed vide Rule 7 (I) (A) (ii). 9. After fixing pay at the minimum of the new scale of pay, one increment shall be added for every three increments drawn in the pre-revised scale of pay or at the next above stage of scale of pay whichever is more beneficial. 10. Pay under column (k), (l) and (m) vide Para 5 (a) (i) and (ii) of SAI 2/S/1998 subject to proviso of Para 5 (g) of ibid SAI as amended to ensure that every officer will get at least one increment in the revised scale of pay for every three increments in the existing scale of pay. 11. Deficit in pay in column (n) is the difference between columns (j) minus (m) which reflects impact of deduction of rank pay.

28 FITMENT READY RECKONER: V CPC TABLE H

Ser No. (a) *Basic Pay (Rs.) (b) Existing Emoluments (Rs.) (c) 40 % of Basic Pay (d) Initial Revised Pay (e) Next Above Rule (f) Rank Pay (Rs.) (g) Revised Pay (Rs.) (h) Pay Scale (Rs.) (i) Comments/Remarks/Deductions/ Recommendations (j)

1. 2. 3 4. 5. 6. 7. 8. 9. 10.

Captain 3000 3100 3200 3300 3400 3500 3600 3700 3800 3900 Major 4000 4100 4200 4300 4400 4500 4650 4800 4950 5100 Lt Col 4500 4600 4700 4850 5000 5150 5300 Colonel 5500 5650 5800 5950 6100 6250 6400 6550 Brigadier 6150 6300 6450 6600 Maj Gen 5900 6100 6300 6500 6700 6900 7100 7300

7840 8098 8356 8614 8872 9130 9240 9350 9460 9570

1200 1240 1280 1320 1360 1400 1440 1480 1520 1560

9040 9338 9636 9934 10232 10530 10680 10830 10980 11130

9600 9600 9900 10200 10500 10800 10800 11100 11100 11400

400 400 400 400 400 400 400 400 400 400

10000 10000 10300 10600 10900 11200 11200 11500 11500 11800

9,600 -30011,400

1. Serial 1, 11, 17, 27, 32 and 39 are based on the Case Studies. 2. Serial 1 to 39 (b) include Stagnation Increments and Rank Pay wherever applicable. 3. Existing Emoluments at Serial 1 to 46 (c) includes Basic Pay & Dearness Allowance @148 per cent upto Rs.3, 500 Basic Pay; DA @ 111 per cent for Basic Pay from Rs.3, 501 to Rs.6, 000 subject to a minimum of Rs.5, 180 and for Basic Pay of Rs.6, 001 and above, DA @ 96 per cent subject to minimum of Rs.6, 660 and Interim ReliefI & II. 4. 40 per cent Fitment weightage benefit of the prerevised basic pay at Column (d) vis--vis from Serial 1 to 46 (b) respectively subject to that all officers to get at least one increment in revised scale of pay for every three increments in the pre-revised scale of pay. 5. Pay in column 1 to 46 (e) shall be fixed by raising total emoluments to the next stage i.e. Column (f) in the revised pay scale.

11. 12. 13. 14. 15. 16. 17. 18. 19. 20

9680 9790 9900 10010 10120 10230 10395 10708 11025 11371

1600 1640 1680 1720 1760 1800 1860 1920 1980 2040

11280 11430 11580 11730 11880 12030 12255 12628 13020 13411

11600 11600 11600 11925 11925 12250 12575 12900 13225 13550

1200 1200 1200 1200 1200 1200 1200 1200 1200 1200

12800 12800 12800 13125 13125 13450 13775 14100 14425 14750

11,600 -32514,850

21. 22. 23. 24. 25. 26. 27.

10230 12180 10487 10819 11150 11497 11813

1800 1840 1880 1940 2000 2060 2120

12030 12180 12367 12759 13150 13542 13933

13500 13500 13500 13900 13900 13900 14300

1600 1600 1600 1600 1600 1600 1600

15100 15100 15100 15500 15500 15500 15900

13,500 -40017,100

6. Captain. Pay Scale of Rs.9, 600 300 11, 400 can absorb full Fitment of 40 per cent. 7. Major. Pay Scale of Rs.11, 600 325 14, 850 can absorb full Fitment of 40 per cent. 8. Lieutenant Colonel. Pay Scale of Rs.13, 500 400 17, 100 can absorb full Fitment of 40 per cent.

28. 29. 30. 31. 32. 33. 34. 35.

12255 12587 12752 13250 13470 13635 13800 13965

2200 2260 2320 2380 2440 2500 2560 2620

14455 14847 15238 15630 15910 16135 16360 16585

15100 15100 15550 16000 16000 16450 16450 16900

2000 2000 2000 2000 2000 2000 2000 2000

17100 17100 17550 18000 18000 18450 18450 18900

15,100 -45017,350

9. Colonel. Pay Scale of Rs.15, 100 450 17, 350 can absorb full Fitment of 40 per cent. 10. Brigadier. Pay Scale of Rs.16, 700 450 18, 080 can absorb full Fitment of 40 per cent.

36. 37. 38. 39.

13525 13690 13855 14020

2460 2520 2580 2640

15985 16210 16435 16660

17150 17150 17600 17600

2400 2400 2400 2400

19550 19550 20000 20000

16,700 -45018,050

40. 41. 42. 43. 44. 45. 46. 47.

13139 13470 13690 13910 14130 14350 14726 15138

2360 2440 2520 2600 2680 2760 2840 2920

15449 15910 16210 16510 16810 17110 17566 18058

18400 18400 18400 18900 18900 18900 19400 19400

NA NA NA NA NA NA NA NA

18400 18400 18400 18900 18900 18900 19400 19400

18,400 -50022,400

Pay of Maj Gen promoted prior to 01 Jan 1996 must be stepped up as per Fundamental Rule 22 (I) (a) (1) as directed by Punjab and Haryana High Court in case of Maj Gen SPS Vains (Retired) versus Union of India and ruled by Supreme Court in SLP (civil) No.12357 of 2006 in Civil Appeal No.5566 of 2008 on 09 Sep 2008.

29

SECTION 11 CONCLUSION 11.1 The study has thrown several startling facts which most of us were not aware of while in service as we had full confidence in the system which has been totally belied. It is established beyond doubt that fair, transparent and legally tenable procedures were not adopted and pay was fixed arbitrarily. 11.2 The Government Resolutions have mandated 20 and 40 per cent of pre-revised basic pay to be added as Fitment weightage benefit for Fourth and Fifth CPC respectively and regrettably mandarins in the government countermanded the Cabinet decisions by executive instructions issued through SAI 1/S/1987 and 2/S/1998. Summary of Fitment Tables is at Appendix A. 11.3 The author of this paper is conscious of the fact that Service Headquarters must be aware of pay anomalies and would have taken appropriate corrective measures perhaps with limited success. The study paper is meant for resolving myth of Restoration of Rank Pay to enable Integrated Headquarter of Ministry of Defence (Army) to pursue the case vigorously. 11.4 The litmus test is whether the Constitutional provisions of Article 39 (d): Equal Pay for Equal Work as enshrined in Chapter IV of the Directive principles of Constitution read with Article 14: Equality of Protection under the Law and Article 16: Equality of Opportunity in Matters of Public Appointments are given due weightage and majestic law is allowed to prevail in true spirit of our Constitution. 11.5 It is not the intention of the author to make any insinuations or suggest any malaise against the exalted bodies like Central Pay Commissions but if analysis in the study paper are correct then Pay Commissions have been less than fair and their recommendations reflect tunnel vision and lack of understanding of equation of ranks in hierarchical setup of the Armed Forces. 11.6 Historic wrong has been corrected through court ruling and it is hoped that the government will show magnanimity and will rescind inimical rules so that officers can claim their legitimate dues. 11.7 The last but not least the study paper is not intended to denigrate the visionary efforts by Maj A K Dhananpalan and Retired Officers Forum who energetically fought the case and have brought laurel to officers community.

(Maharaj Singh Bhinder) Major General (Retd) Address: Flat No. 409, Tricity Homes, Peer Mashalla, PO: Dhakauli Zirakpur 140603 Tel: 0172 6501205 0172 3262447 E-mail: mgmsbhinder@gmail.com

30 Appendix A (Refers to Para 11.2) FITMENT READY RECKONER FOURTH AND FIFTH CENTRAL PAY COMMISSION

TABLE H
Fitment : IV CPC Versus V CPC
Ser No. (a) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Rank and Stage of Pay (b) Captain Ist 2nd 3rd 4th 5th 6th 7th 8th 9th 10th Major Ist 2nd 3rd 4th 5th 6th 7th 8th 9th 10th Lt Col Ist 2nd 3rd 4th 5th 6th 7th 8th 9th Colonel Ist 2nd 3rd 4th 5th 6th 7th 8th Brig Ist 2nd 3rd 4th 20 Per Cent Fitment IV CPC Authorized Deficit vs. Rank Pay (Rs.) (c ) (Rs.) (c) (d) (e) 220 230 240 250 260 270 280 290 300 310 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 40 Per Cent Fitment V CPC Authorized Deficit vs. Rank Pay (Rs.) (f) (Rs.) (f) (g) (h) 1,200 1,240 1,280 1,320 1,360 1,400 1,440 1,480 1,520 1,560 Nil Nil 300 300 600 600 300 600 300 600 400 400 400 400 400 400 400 400 400 400

11. 12. 13. 14. 15. 16. 17. 18. 19. 20.

290 300 310 320 330 340 350 360 ---

300 300 300 300 300 300 350 400 ---

600 600 600 600 600 600 600 600 ---

1,600 1,640 1,680 1,720 1,760 1,800 1,860 1,920 1,980 2,040

Nil Nil Nil Nil Nil 325 325 650 975 975

1200 1200 1200 1200 1200 1200 1200 1200 1200 1200

21. 22. 23. 24. 25. 26. 27. 28. 29.

310 320 330 340 350 360 370 380 390

300 300 300 300 350 400 450 300 450

800 800 800 800 800 800 800 800 800

1,800 1,840 1,880 1,940 2,000 2,060 2,120 ---

Nil Nil Nil 400 400 Nil 400 ---

1600 1600 1600 1600 1600 1600 1600 ---

30. 31. 32. 33. 34. 35. 36. 37.

390 405 420 435 -----

Nil 150 300 450 -----

1000 1000 1000 1000 -----

2,200 2,260 2,320 2,380 2,440 2,500 2,560 2,620

Nil Nil 450 450 450 900 450 900

2000 2000 2000 2000 2000 2000 2000 2000

38. 39. 40. 41.

440 460 480 --

150 300 450 --

1200 1200 1200 --

2,460 2,520 2,580 2,640

Nil Nil Nil Nil

2400 2400 2400 2400

DISCLAIMER The views contained in this paper are the personal opinion of the author and do not necessarily reflect the views of ex-servicemen or any other organization. Though every effort has been made to collate accurate data from various sources but the information should not be construed as statement of law or used for any legal purposes. The user is advised to verify and check the authenticity with relevant government departments or to obtain professional advice before acting on the information. The author accepts no responsibility in relation to the accuracy, completeness and usefulness or otherwise of the contents.