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A PRESENTATION ON THE ISSUES OF DOWNGRADATION OF THE RANK OF LT COL AND OVERALL DEPRESSION OF GRADE PAYS AND STATUS Maj Navdeep Singh Advocate, Punjab & Haryana High Court navdeepsingh.india @ gmail.com Confidential Please do not forward without permission

Now that Lt Cols have been placed in Pay Band-4, I do not mind sharing with readers a presentation on the issue of military status. This presentation dates back to the time when Lt Cols were still in Pay Band-3.

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The two issues of placement of Lt Colonels (and equivalent) in a lower pay band and the grant of lower grade pays (and status) to officers of the three services emanate from two basic anomalies :

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Incorrect presentation of historical pay equivalence tables by the 6th CPC on Page 73 of the report

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Non-inclusion / Non-addition of rank pay into basic pay while formulating the new pay scales and grade pays

INCORRECT HISTORICAL PAY EQUIVALENCE TABLES ON PAGE 73 OF THE 6TH CPC

The historical tables of pay equivalence presented on Page 73 of the 6th CPC are incorrect and present a skewed view of the actual position. The said tables are a selfcreated interpretation. Here are a few examples from the III CPC table, an apt point of comparison since there was no rank pay at the time :

The Non-Functional Selection Grade (NFSG) scale shown equivalent to a full Colonel is actually the (higher) scale of a DIG of Police  The scale of DIG shown equivalent to a Brigadier is actually the scale recommended for the erstwhile higher rank of Additional IG which was later merged into the rank of IG. 

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Non-Functional Selection Grade / Selection Grade scales of Rs 1650-1800 and 1800-2000 (both of which are now in Pay Band-4 with a Grade Pay of Rs 8700) were not reflected at all in the III CPC tables on Page 73. Both these scales were similar to the scale for a Lt Col (1750-1950) and in fact also akin to the scale of the then existing rank of Major (Selection Grade) who had a scale of Rs 1550-1900. To have a better idea, the III CPC NFSG scale reproduced on Page 73 of the 6th CPC may be compared with the complete scales reproduced on Page 166 of the same report

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The rank of Capt is shown equivalent to Senior Time Scale (STS) in the III CPC table but suddenly shown reduced below STS in the IV CPC table. Needless to say, there is nothing in the IV CPC which even remotely hints that a Capt is being downgraded from the earlier (III CPC) level.

The tables on Page 73 of 6th CPC hence have no official sanctity and are not a correct picture of actual equivalence of pay or status. The tables are also not based on any official document for equivalence.

A proper analysis of the situation could be better presented by tabulating a one to one comparison. Let us take the example of the Indian Forest Service. In the following table, a tabulated analysis of pay and pension comparison is articulated :

CPC

Civil Pay Scale (Selection Grade/ Non-Functional Selection Grade - reached after 13 years of service including training)

Military Pay Scale (Lieut Colonel)

Basic Pension admissible to Pre-CPC civil pensioners of the SG/NFSG

Basic Pension admissible to Pre-CPC military pensioners of the rank of Lt Col

Edge at Start of Pay Scale for Lieut Cols

Edge of Basic

III

1650-1800

1750-1950

825

875

+100

+50

IV

4100-5300

4700-5900

2050

2350

+600

+300

V

14300-18300

15100-18700

7150

7550

+800

+400

VI

37400-67000 With Grade Pay Rs 8700

15600-39100 With Grade Pay Rs 7600 (Initial pay fixed in the scale at 28086)

23050

17063

-10414

-5987

Pension

for Lieut Cols

NON-INCLUSION OF RANK PAY INTO BASIC PAY WHILE FORMULATING NEW SCALES

The rank pay of military officers, which is an integral part of basic pay, was not added into the basic pay scales while determining and formulating new replacement scales and grade pays by the 6th CPC and later by the Committee of Secretaries. Here is why Rank Pay has to be added into the basic pay :

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Rank pay was carved out of the basic pay of military officers when a running pay band was implemented. So there should be no ambiguity or question on rank pay being a part of basic pay. The said fact is also conceded by the 6th CPC in Paragraph 2.3.10 (iv).

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The 4th CPC had recommended an integrated running pay scale of Rs 2300-5100 for all ranks from Second Lieutenant till Brigadier to which rank pay was added as a differentiating factor. If we buy the argument of rank pay not being a part of basic pay, it would mean that a 2/Lt as well as a Brig had the same status vis-à-vis civil services since both of them (2/Lt and Brig) were in the same scale of Rs 2300-5100.

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Both SAIs 2/S/87 and 2/S/98 notified by the MoD clearly define rank pay as ‘a part of basic pay’. No amendment was carried out in these definitions at any point of time by the Govt. So now to say that rank pay is not a part of basic pay holds no ground.

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The carving out of rank pay from basic pay and then the addition of the same into basic pay for all purposes was approved by the Cabinet and no authority in the govt can hold an opinion or view which is opposed to the recommendations of the 4th and 5th CPCs approved by the Cabinet.

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While calculating new pay fixation, even the 6th CPC added rank pay into basic pay. Ref Table 2.3.1 on Page 89 of the 6th CPC.

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The MoD as a respondent had submitted to the Hon’ble Central Administrative Tribunal that rank pay was to be added into basic pay for status purposes. Two CAT Benches also held that a Col was senior to NFSG/SG officers in the Rs 1430018300 scale (Ref decisions in OA 85/05 by the Hon’ble CAT at Jodhpur and OA 298/06 by the Hon’ble CAT at Chennai)

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The insistence of CPOs that their rank of 2IC is equivalent to Lt Col and that rank pay is not to be added into basic pay of a Lt Col holds no ground since originally in most of the CPOs there was no rank of 2IC but there were two grades of Commandants known as Comdt (Selection Grade) [State Emblem with Two Stars] and Comdt (Ordinary Grade) [State Emblem with One Star], the point to be noted is that both these ranks were in NFSG pay scales which are now in Pay Band-4. Comdts (Ordinary Grade) used to be posted as 2ICs of CPO Battalions. The rank of 2IC however existed in some CPOs but that rank was also in NFSG scale at par with Comdt (OG). The 5th CPC however merged Comdt (SG) and Comdt (OG) and granted them the NFSG scale of Rs 14300-18300, even the 2IC rank wherever it existed was granted the same NFSG scale of Rs 1430018300 for existing incumbents. Having done that, the 5th CPC created a new junior rank of 2IC in the Junior Administrative Grade (JAG) of Rs 12000-16500 between a Deputy Comdt and Comdt. Now this new JAG rank of 2IC is what is being compared by the CPOs with a Lt Col. However, if a new junior rank is created for the CPOs for their cadre management, would the rank of Lt Col in the Army also stand automatically degraded ? The answer is No. How can the argument regarding such action taken in one organization be used for degrading ranks in an another unrelated organization ?. Paras 70.19 & 70.21 of the 5th CPC may be perused for complete information on the above situation.

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A document showing a supposedly new definition of rank pay is now being used to suggest that rank pay is not to be added into basic pay. Again a plain perusal of this document [MoD Letter No 1 (26) / 97 / 1 / D (Pay / Services) dated 29 Feb 2000] would show that in fact it re-affirms the stand of the services since it clearly states that rank pay is directly related to the basic pay and scale of pay. The reason for not merging rank pay into basic pay was quite different from what it is being made to look. Rank pay was maintained as a different part of basic pay to cater for acting ranks keeping in view the uniqueness of the services in this regard. For example, if a Capt was promoted as Acting Major, he/she was to be paid the basic pay of a Capt with rank pay of a Major. In case rank pay and basic pay were merged, there would have been a difficulty in maintenance of this concept and that was the reason why there was no merger.

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The Committee of Secretaries after the 5th CPC had also opined that a Major’s pay with rank pay in 14th year of service should be equated with the NFSG on the civil side (Paras 48 & 49). In fact, during the 3rd CPC period, it was Majors who enjoyed a close equivalence with NFSG. During the 3rd CPC regime, the pay of a Major (Selection Grade) was Rs 1550-1900 which was quite similar to the Civil Selection Grade of Rs 1650-1800 now in Pay Band-4.

COMPARISON OF HOW MILITARY PROMOTIONS AND SCALES FARE AFTER THE IMPLEMENTATION OF 6TH CPC RECOMMENDATIONS

Civil Grade

Length of Service including Training

Percentage of Officers making it to the Grade

Military Rank

Length of Service including Training *

Percentage of Officers making it to the Rank

JTS

0 years

100%

Lt

1.5 years

100%

No equivalent

NA

NA

Capt

3.5 years

100%

STS

4 years

100%

Major

7.5 years

100%

JAG

9 years

100%

Lt Col

14.5 years

100%

NFSG

13 years

100%

Col

21.5 years

Less than 30%

DIG

14 years

100%

Brig

29.5 years

Less than 5% #

SAG

16 years

100%

Maj Gen

34.5 years

Less than 2% #

Abbreviations and Footnotes for the table on the previous slide : JTS : Junior Time Scale, STS : Senior Time Scale, JAG : Junior Administrative Grade, NFSG : Non-Functional Selection Grade, DIG : Deputy Inspector General (of Police), SAG : Senior Administrative Grade

* #

Considering that the officer has passed out of the Indian Military Academy with 1.5 years of training. Approximate value subject to correction

Difference / Lag at each promotional level from from the table :

Lieut

till

Maj Gen

Lt is 1.5 years behind his/her civilian counterpart. Major is 3.5 years behind his/her civilian counterpart. Lt Colonel is 5.5 years behind his/her civilian counterpart. Colonel is 8.5 years behind his/her civilian counterpart. Brig is 15.5 years behind his/her counterpart from the IPS. Maj Gen is 18.5 years behind his/her counterpart.

as becomes evident

COMPARATIVE ANALYSIS OF PAY PROGRESSION INTO PAY BAND-4

SERVICE

YEARS TAKEN IN SERVICE TO REACH PAY BAND-4 INCLUDING TRAINING (RS 37400-67000)

PERCENTAGE OF PERSONNEL MAKING IT TO PAY BAND-4

All India Services

13

100%

Group-A Civil Services

13

100%

Medical Services under the Central Government

13 years for General Duty Doctors

100%

6 years for Specialists

100%

University and College Teachers

12 years for Phd holders

100%

13 years for MPhil holders

100%

14 years for non-Phd/MPhil

100%

21.5 years

Less than 30%

Defence Services

THE ACTUAL RELATIVITIES Though the 6th CPC has commented on ‘established relativities’, it becomes important to understand the modalities of actual relativities since independence and put them against the present situation. The relativities in the succeeding table are based on Notification No F 49/9/35-Public (G) dated 16 June 1937 (as amended and applicable in 1947) issued by the office of the Governor General. The said notification is available with the Ministry of Home Affairs.

Civil Service and Years of service

Position in 1947

Position as on date After the 6th CPC

ICS (now IAS) officers with 30 years of service (Refer Article 32 of Governor General’s notification)

Brig

Lt Gen

ICS Officers with 23-29 years of service (Refer Article 38)

Col

Maj Gen / Lt Gen

ICS Officers with 18-22 years of service (Refer Article 47)

Lt Col

Maj Gen

ICS Officers with 12-17 years of service (Refer Article 59)

Major

At 13 years, Officers now Equated with Col (SG/NFSG) At 14 years, Officers now equated with Brig (DIG) At 16 years, Officers now equated with Maj Gen (SAG)

IP (now IPS) Officers with 15-20 years of service

Major

At 14-17 years of service, Officers now equated with Brig (DIG) At 18 years of service, Officers now equated with Maj Gen (IG)

All Class-I Central Services (now known as Group-A Civil Services) Officers with 20+ years of service. (Refer Article 56)

Senior to Maj (Art 59) but junior to Lt Col (Art 47)

Maj Gen

Thank You Maj Navdeep Singh Advocate, Punjab & Haryana High Court Confidential Please do not forward without permission