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-à-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-

à-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-à-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.

5

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.

Rank Integrated Pay

Scales (Rs.)

Rank

Pay

(Rs.)

Minimum Pay in

Integrated Pay

Scale (Rs.)

Completed

Years of

Service

(a) (b) (c) (d) (e) (f)

1.

2.

3.

4.

5.

6.

Lieutenant

Captain

Major/Lt Col (TS)

Lt Col (Selection)

Colonel

Brigadier

2,300–100–3,900

–150–4,200–EB

–150–5,100

NA

200

600

800

1,000

1,200

2,500

2,800

3,400

3,900

4,500

4,950

2

5

11

16

20

23

Pay Scales for Major General and Above

7.

8.

9.

10.

11.

Major General

Lieutenant General

DGAFMS

Army Cdr/VCOAS

COAS

5,900–200–6,700

7,300–100–7,600

7,600 (Fixed)

8,000 (Fixed)

9,000 (Fixed)

1. In terms of Para 3 (a) (ii) of SAI 1/S/1987

Rank Pay for Lieutenant Colonel (Time Scale)

is Rs.600.

2. EB stands for Efficiency Bar.

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).

6

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-à-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.

7

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-à-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-à-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.2,300–100–3,900–150–

4,200–EB–150–5,100 Plus Rank Pay:Rs.1,200

Ser

No.

Pay and Allowances

Headings

Stages of Pay

Rule 7 (I) (A) of CCS (RP)

Rules 1986

Para 6 (a) (i) and (ii) (aa) of

SAI 1/S/1987

Ist 2nd 3rd Ist 2nd 3rd

(a) (b) (c) (d) (e) (f) (g) (h)

1.

2.

3.

4.

5.

Existing Basic Pay (III CPC)

Dearness Allowance

Additional Dearness Allowance

Ad-hoc Dearness Allowance

Interim Relief – I and II

2200

243

1207

596

300

2300

100

1350

689

330

2400

NA

1450

782

340

2200

243

1207

596

300

2300

100

1350

689

330

2400

NA

1450

782

340

6. Existing Emoluments on 01 Jan 86 (1 Plus 5) 4546 4769 4972 4546 4769 4972

7. Add 20 % Fitment Weightage vis-à-vis (1) 440 460 480 440 460 480

8. Total Emoluments (6 Plus 7) 4986 5229 5452 4986 5229 5452

9. Rank Pay (IV CPC) 1200 1200 1200 1200 1200 1200

10. Deduct Rank Pay {(8) Minus (9)} NA NA NA 3786 4029 4252

11. Pay Next Above Rule {8 (c) to (e) & 10 (f) to (h)} 5100 5250 5550 4950 4950 5100

12. Add Rank Pay (IV CPC) 1200 1200 1200 1200 1200 1200

13. Revised Initial Pay (11 Plus 12) 6300 6450 6750 6150 6150 6300

14. Deficit: SAI 1/S/1987 vs. CCS (RP) 1986 i.e.{(f), (g) & (h) vs. (c), (d) & (e)} 150 300 450

15. Pay Fixation on Promotion from Brigadier to Major General on 02 Jan 1986

(Assumed Date) as per Fundamental Rule 22 (I) (a) (1)

16. Maj Gen Pay Scale : Rs.5,900 – 200 – 6,700

17. Pay and Allowances

Headings

CCS (RP), Rules 1986 14 (a) of SAI 1/S/1987

Ist 2nd 3rd Ist 2nd 3rd

18.

19.

20.

21.

Basic Revised Pay as Brigadier (IV CPC)

Rank Pay for Brigadier (IV CPC)

Add one Notional Increment

Notionally Increased Pay (18 + 19 +20)

5100

1200

150

6450

5250

1200

150

6600

5550

1200

150

6900

4950

1200

150

6300

4950

1200

150

6300

5100

1200

150

6450

22.

Pay as Maj Gen to be Fixed at the Stage

Next Above the Notionally Increased Pay 6500 6700 7100 6500 6500

6500

23. 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.

9

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-à-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:-

(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.400–Rs.1000 and Rs.250–Rs.400 respectively at different stages of pay and therefore,

it is not surprising as to why draconian rules have been framed to suppress pay.

Ser

No.

Stages of Pay as Per

Table – B Above

Authorized

(Rs.)

Paid (Rs.) Dilution (Rs.)

Amount In % Amount In %

(a) (b) (c) (d) (e) (f) (g)

1. Brigadier at First Stage of pay {7 (c) minus14 (f)}

440

290

65.90

150

34.10

2. Brigadier at Second Stage of

pay{7(d) minus 14 (g)}

460

160

34.78

300

65.22

3. Brigadier at Third Stage of pay {7 (e) minus 14 (h)}

480

30

06.25

450

93.75

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-à-vis Brigadiers.

(f) The award of higher pay to Brigadier vis-à-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, 900–200– 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-à-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-à-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-à-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-à-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-À-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-à-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-à-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-à-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-À-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

Initial Revised Pay in Terms of

Para 6 (a) of SAI 1/S/1987

Deficit

Ser

No.

Stage

of

Pay

Basic

Pay

(3 CPC)

(Rs.)

DA at

272

Points

(Rs.)

ADA

at (608

Points)

(Rs.)

Ad-

hoc

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.)

Emoluments

on Deduction

of Rank Pay

(j) – (l)

Pay on

Next

Above

Rule(n)

Revised

Pay

(o) + (l)

(Rs.)

Difference

in Pay

(k) – (o)

(Rs.)

(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q)

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

35.

36.

37.

Ist

2nd

3rd

4th

5th

6th

7th

8th

9th

10th

Ist

2nd

3rd

4th

5th

6th

7th

8th

Ist

2nd

3rd

4th

5th

6th

7th

8th

9th

Ist

2nd

3rd

4th

Ist

2nd

3rd

Ist

2nd

3rd

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

MG

2500

2625

2750

243

243

243

243

243

243

243

243

243

243

243

243

243

243

243

243

243

243

243

243

243

243

243

243

243

243

243

243

--

--

--

--

--

--

--

--

--

1207

1207

1207

1207

1207

1207

1207

1207

1207

1207

1207

1207

1207

1207

1207

1207

1207

1207

1207

1207

1207

1207

1207

1207

1207

1207

1207

1207

1450

1450

1450

1450

1450

1450

1450

1450

1950

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

20

50

84

131

177

224

20

50

84

131

177

224

270

317

363

363

433

503

572

596

689

782

875

984

600

180

185

190

195

200

205

210

215

220

225

215

220

225

240

245

250

255

260

225

240

245

250

255

260

265

270

275

275

282

290

297

300

330

340

350

363

375

2730

2785

2840

2895

2950

3005

3060

3115

3170

3245

3115

3170

3245

3340

3429

3531

3633

3734

3245

3340

3429

3531

3633

3734

3836

3937

4039

4039

4191

4343

4495

4546

4769

4972

5175

5422

5675

220

230

240

250

260

270

280

290

300

310

290

300

310

320

330

340

350

360

310

320

330

340

350

360

370

380

390

390

405

420

435

440

460

480

500

525

550

2950

3015

3080

3145

3210

3275

3340

3405

3470

3555

3405

3470

3555

3660

3759

3871

3983

4094

3555

3660

3759

3871

3983

4094

4206

4317

4429

4429

4596

4763

4930

4986

5229

5452

5675

5947

6225

3000

3100

3100

3200

3300

3300

3400

3500

3500

3600

3500

3500

3600

3700

3800

3900

4050

4200

3600

3700

3800

3900

4050

4200

4350

4350

4500

4500

4650

4800

4950

5100

5250

5550

5900

6100

6300

200

200

200

200

200

200

200

200

200

200

600

600

600

600

600

600

600

600

800

800

800

800

800

800

800

800

800

1000

1000

1000

1000

1200

1200

1200

NA

NA

NA

3200

3300

3300

3400

3500

3500

3600

3700

3700

3800

4100

4100

4200

4300

4400

4500

4650

4800

4400

4500

4600

4700

4850

5000

5150

5150

5300

5500

5650

5800

5950

6300

6450

6750

5900

6100

6300

2750

2815

2880

2945

3010

3075

3140

3205

3270

3355

2805

2870

2955

3060

3159

3271

3383

3494

2755

2860

2959

3071

3183

3294

3406

3517

3629

3429

3596

3763

3930

3786

4029

4252

5900

6100

6300

2800

2900

2900

3000

3100

3100

3200

3300

3300

3400

3200

3200

3300

3400

3500

3600

3700

3800

3300

3400

3500

3600

3700

3800

3900

4050

4050

4500

4500

4500

4500

4950

4950

5100

5900

6100

6300

3000

3100

3100

3200

3300

3300

3400

3500

3500

3600

3800

3800

3900

4000

4100

4200

4300

4400

4100

4200

4300

4400

4500

4600

4700

4850

4850

5500

5500

5500

5500

6150

6150

6300

5900

6100

6300

200

200

200

200

200

200

200

200

200

200

300

300

300

300

300

300

350

400

300

300

300

300

350

400

450

300

450

Nil

150

300

450

150

300

450

Nil

Nil

Nil

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-à-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

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 officer’s 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.

Stage of

Pay

Authorized

(Rs.)

Deficit Versus (c) Paid Versus (c) Rank Pay

(Rs.)

Prognosis

(Rs.) In % (Rs.) In %

(a) (b) (c) (d) (e) (f) (g) (h) (i)

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

35.

36.

37.

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

220

230

240

250

260

270

280

290

300

310

290

300

310

320

330

340

350

360

310

320

330

340

350

360

370

380

390

390

405

420

435

440

460

480

500

525

550

200

200

200

200

200

200

200

200

200

200

300

300

300

300

300

300

350

400

300

300

300

300

350

400

450

300

450

Nil

150

300

450

150

300

450

Nil

Nil

Nil

90.90

86.95

83.33

80.00

76.92

74.07

71.42

68.96

66.66

64.51

100.00

100.00

96.77

93.75

90.90

88.23

100.00

100.00

96.77

93.75

90.90

88.23

100.00

100.00

100.00

78.94

100.00

Nil

37.03

71.42

100.00

34.09

65.21

93.75

Nil

Nil

Nil

20

30

40

50

60

70

80

90

100

110

Nil

Nil

10

20

30

40

Nil

Nil

10

20

30

40

Nil

Nil

Nil

80

Nil

390

255

120

Nil

290

160

30

500

525

550

09.10

13.05

16.67

20.00

23.08

25.93

28.58

31.04

33.34

35.49

00.00

00.00

03.23

06.25

09.10

11.77

00.00

00.00

03.23

06.25

09.10

11.77

00.00

00.00

00.00

21.06

00.00

100.00

62.97

28.58

00.00

65.91

34.79

06.25

100.00

100.00

100.00

200

200

200

200

200

200

200

200

200

200

600

600

600

600

600

600

600

600

800

800

800

800

800

800

800

800

800

1,000

1,000

1,000

1,000

1,200

1,200

1,200

NA

NA

NA

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.

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.2,300–100–3,900–150–4,200–EB–150–5,550 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-à-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-à-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.

Rank Revised Pay Scales

(Rs.)

Rank Pay

(Rs.)

Remarks

(a) (b) (c) (d) (e)

1.

2.

3.

4.

5.

6.

Lieutenant

Captain

Major/Lt Col (TS)

Lt Col (Selection)

Colonel

Brigadier

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

NA

400

1,200

1,600

2,000

2,400

Lieutenant Colonel

(Time Scale) to get

Rank Pay of Major

7.

8.

9.

10

11.

Major General

Lieutenant General

DGAFMS

Army Cdr/VCOAS

COAS

18,400 – 500 – 22,400

22,400 – 525 – 24,500

24,050 – 650 – 26,000

26,000 (Fixed)

30,000 (Fixed)

NA

NA

NA

NA

NA

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 sub-

Paragraph (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-à-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-à-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

No.

Pay and Allowances Headings Stages of Pay: Case Study

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.

2.

3.

Existing Basic Pay (IV CPC)

Rank Pay (IV CPC)

Stagnation Increments

5,100

1,200

150

5,100

1,200

300

5,100

1,200

150

5,100

1,200

300

5,100

1,200

300

6,700

NA

NA

6,700

NA

NA

4. Existing Basic Pay (1 + 2 + 3) 6,450 6,600 6,450 6,600 6,600 6,700 6,700

5.

6.

7.

Dearness Allowance

Interim Relief – I

Interim Relief – II

6,660

100

645

6,660

100

660

6,660

100

645

6,660

100

660

6,660

100

660

6,660

100

670

6,600

100

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-à-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

{10 +11+13 (e), (f), (g), (h) and (i)}

14,485 15,160 19,285 19,960 19,960 17,310 17,310

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-à-vis 17 (d)}

(ii) Personnel Pay {17 (h) vis-à-vis 17 (d)}

NA

NA

NA

NA

NA

19,900

100

19,900

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)

20. Date of Promotion as Major General 27.08.96 NA 27.08.96 NA 15.03.96 31.03.95 13.03.95

21.

22.

23. 24.

Revised Basic Pay as Brigadier (V CPC)

Rank Pay for Brigadier (IV CPC)

Add one Notional Increment Notionally Increased Pay (21 + 22 + 23)

17,150

2,400

450 20,000

NA

NA

NA NA

17,150

2,400

450 20,000

NA

NA

NA NA

17,600

2,400

450 20,450

NA

NA

NA NA

NA

NA

NA NA

25. Pay as Maj Gen as per Next Above Rule 20,400 NA 20,400 NA 20,900 NA NA

26. Stepping up of pay at {19 (h) vis-à-vis

25 (c) or (e)} vide Para 7 of SAI 2/S/1998

NA NA NA NA NA 20,400 20,900 (Apr 96)

27. Grant of Increment on 01 January 1997 NA 20,450 NA 20,450 NA NA NA

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, 350-450-

17, 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-à-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-à-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-à-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-à-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

Revised Pay in Terms of Para

5 (a) of SAI 2/S/1998

Deficit

(j) – (m) Stage

of

Pay

Basic

Pay *

(Rs.)

(5CPC)

DA on

01 Jan

1996

(Rs.)

I.R

(I &

II)

(Rs)

Existing

Pay (b)

to (d)

(Rs.)

40% of

Basic

Pay (b)

(Rs.)

Total

Pay

(e) + (f)

(Rs.)

Pay on

Next

Above

Rule

Rank

Pay

(Rs.)

Revised

Pay

(h) + (i)

(Rs.)

Emoluments on

Deduction of

Rank Pay

(g) – (i) (Rs.)

Pay on

Next

Above

Rule

Revised

Pay

(l) + (i)

(Rs.)

Difference

In Pay

(j) – (m)

(Rs.)

(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (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

6549

6660

6660

6660

6660

6660

6816

7008

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

690

710

730

750

770

790

810

830

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

13139

13470

13690

13910

14130

14350

14726

15138

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

2360

2440

2520

2600

2680

2760

2840

2920

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

15449

15910

16210

16510

16810

17110

17566

18058

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

18400

18400

18400

18900

18900

18900

19400

19400

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

NA

NA

NA

NA

NA

NA

NA

NA

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

18400

18400

18400

18900

18900

18900

19400

19400

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

NA

NA

NA

NA

NA

NA

NA

NA

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

NA

NA

NA

NA

NA

NA

NA

NA

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

NA

NA

NA

NA

NA

NA

NA

NA

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

NA

NA

NA

NA

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.

*Basic

Pay

(Rs.)

Existing

Emoluments

(Rs.)

40 % of

Basic

Pay

Initial

Revised

Pay

Next

Above

Rule

Rank

Pay

(Rs.)

Revised

Pay

(Rs.)

Pay

Scale

(Rs.)

Comments/Remarks/Deductions/

Recommendations

(a) (b) (c) (d) (e) (f) (g) (h) (i) (j)

1.

2.

3

4.

5.

6.

7.

8.

9.

10.

Captain

3000

3100

3200

3300

3400

3500

3600

3700

3800

3900

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

-300-

11,400

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 Relief–I & II.

4. 40 per cent Fitment weightage benefit of the pre-

revised basic pay at Column (d) vis-à-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.

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.

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.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20

Major

4000

4100

4200

4300

4400

4500

4650

4800

4950

5100

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

-325-

14,850

21.

22.

23.

24.

25.

26.

27.

Lt Col

4500

4600

4700

4850

5000

5150

5300

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

-400-

17,100

28.

29.

30.

31.

32.

33.

34.

35.

Colonel

5500

5650

5800

5950

6100

6250

6400

6550

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

-450-

17,350

36.

37.

38.

39.

Brigadier

6150

6300

6450

6600

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

-450-

18,050

40.

41.

42.

43.

44.

45.

46.

47.

Maj Gen

5900

6100

6300

6500

6700

6900

7100

7300

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

-500-

22,400

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.

Rank and

Stage of

Pay

20 Per Cent Fitment IV CPC 40 Per Cent Fitment V CPC

Authorized

(Rs.)

Deficit vs.

(c )

Rank Pay

(Rs.)

Authorized

(Rs.)

Deficit vs.

(f)

Rank Pay

(Rs.)

(a) (b) (c) (d) (e) (f) (g) (h)

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

35.

36.

37.

38.

39.

40.

41.

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

220

230

240

250

260

270

280

290

300

310

290

300

310

320

330

340

350

360

--

--

310

320

330

340

350

360

370

380

390

390

405

420

435

--

--

--

--

440

460

480

--

200

200

200

200

200

200

200

200

200

200

300

300

300

300

300

300

350

400

--

--

300

300

300

300

350

400

450

300

450

Nil

150

300

450

--

--

--

--

150

300

450

--

200

200

200

200

200

200

200

200

200

200

600

600

600

600

600

600

600

600

--

--

800

800

800

800

800

800

800

800

800

1000

1000

1000

1000

--

--

--

--

1200

1200

1200

--

1,200

1,240

1,280

1,320

1,360

1,400

1,440

1,480

1,520

1,560

1,600

1,640

1,680

1,720

1,760

1,800

1,860

1,920

1,980

2,040

1,800

1,840

1,880

1,940

2,000

2,060

2,120

--

--

2,200

2,260

2,320

2,380

2,440

2,500

2,560

2,620

2,460

2,520

2,580

2,640

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

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

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.