No. 2/8/97-Estt (Pay II)
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
New Delhi, dated the 9th April, 2001.
Subject : Recommendations of the Fifth Pay Commission Regulation of pay of Officers of Group A Services on their appointment to posts in the Central Secretariat under the Central Staffing Scheme-Government decisions thereon.
In terms of the decision conveyed in this Departments Office Memorandum No. 2/13/93-Estt (Pay II) dated 26th October, 1993 Members of various Group A Services appointed to posts in the Central Secretariat under the Central Staffing Scheme and who are approved for proforma promotion, while on Central deputation, to the Senior Administrative Grade and above in their parent cadres and exercise the option to continue on deputation till the completion of their prescribed tenure are entitled to draw pay only in the scale of pay applicable to the lower post held on deputation. They shall have no claim to the pay of the higher post. However , on subsequent reversion to the parent cadre and assumption of duties of the higher post, the period of service covered by the proforma promotion shall count towards initial fixation of pay in such higher post and increment without any arrears being paid. Further, the Central Deputation on Tenure Allowance (CDTA) is presently admissible to the Group A Officers appointed under the Central Staffing Scheme only to posts of Under Secretary, Deputy Secretary and Director.
2. In Chapter 110 of their Report, the Fifth Central Pay Commission had recommended inter alia that (i) instead of restricting the CDTA only to those appointed to posts of director and below, the allowance may also be extended to those officers appointed to posts of Joint Secretary and above; and (ii) such of those officers appointed as Joint Secretary and above but are in receipt of pay in a higher pay scale in their parent organization may be permitted to exercise an option to draw either their grade pay in their parent organization without any restriction or the grade pay of the deputation post along with the CDTA.
3. Government have carefully considered these recommendations and have decided not to accept the recommendation relating to the extension of CDTA to officers appointed to posts of Joint Secretary and above It has also been decided not to accept the other recommendation relating to the protection of the pay admissible in the parent cadres on proforma promotion while on Central Deputation as this would result in officers becoming entitled to the pay of a higher post while discharging the duties of a lower post and would be contrary to the well-recognized principle that no officer should be allowed the pay of a post the specified duties and responsibilities of which are not actually discharged by him.
4. Provisions, however exist even at present permitting Members of various Group A Services who are appointed on deputation to lower post in the Central Government only after they had actually been promoted to posts in higher scales of pay in their parent cadres to draw their pay in such lower posts at the maximum of the applicable scales of pay. Consequently, seniors in the respective cadres who had been deputed earlier than their juniors to posts in the Central Government are placed at a disadvantage even after they have been approved for proforma promotion to higher scales of pay in the parent cadres, creating an invidious distinction.
5. In order to rectify this anomalous situation and in partial modification of the existing orders on the subject, the President is pleased to decide that Members of various Group A Services appointed to posts in the Central Secretariat under the Central Staffing Scheme and who are approved for proforma promotion, while on Central deputation, to the Senior Administrative Grade and above in their parent cadres and exercise the option to continue on deputation till the completion of their prescribed tenure may also be permitted to draw their pay at the maximum of the scale of pay applicable for the lower deputation post w.e.f. the date they are promoted proforma to higher scales of pay in their parent cadres. In other words, the pay of officers appointed to posts of Director and equivalent in the Central Government shall be fixed at the stage of Rs. 18,300 in the pay scale of Rs. 14300-400-18300 on their proforma promotion to the Senior Administrative Grade in their parent cadres. Similarly, the pay of officers appointed to posts of Joint Secretary and equivalent shall be fixed at the stage of Rs. 22,400 in the pay scale of Rs. 18400-500-22400 on proforma promotion to posts in scales of pay above the Senior Administrative Grade. They shall also be entitled, in addition, to the Adhoc stagnation increments from time to time in the scale of pay applicable to the lower deputation posts as prescribed in the Department of Expenditure Office memorandum No. 1(9)/E.III-A/97 dated 22nd July, 1998 subject to their fulfilling the conditions prescribed in this regard.
6. Fixation of pay at the maximum of the applicable scales of pay shall be subject to the following conditions:
i. The scale of pay of the deputation post should be lower than the scale of pay in the parent cadre to which the officer had been promoted proforma under the Next Below rule.
ii. The proforma promotion in the parent cadre should have been approved by the competent authority strictly in accordance with the rules on the subject and on completion of the prescribed selection process.
iii. The officer concerned should have been promoted proforma only after having fulfilled the eligibility/residency criteria for promotion to different higher scales of pay as prescribed by this Department from time to time and incorporated in the relevant recruitment rules.
7. It is also clarified that Members of various Group A Services who are appointed on deputation to lower posts in the Central Government only after they have actually been promoted to posts in higher scale of pay in their parent cadres shall also be entitled, in addition, to the Adhoc stagnation increments in the scales of pay applicable in the lower deputation posts to which they would have been entitled from time to time in their parent cadres but for their promotion to the Senior Administrative Grade and above.
8. These orders shall be effective from their date of issue. However, in respect of officers who are on deputation to posts in the Central Government on the date of issue of these orders, the benefit of fixation of their pay at the maximum of the pay scale of the lower deputation post or after taking into account the stagnation increments, if any, as the case may be, may be, may be extended from the date of their proforma promotion to the higher scales of pay in their parent cadres. Past cases of officers who have already completed their Central deputation and have reverted to their respective parent cadres shall not, however, be reopened.
9. In so far as the applicability of these orders to the officers of the Indian audit and Accounts Department is concerned, these issue after consultation with the Comptroller and Auditor General of India.
10. Hindi version will follow.
Deputy Secretary to the Government of India
All Ministries and Departments of the Government of India.
2/8/97-Estt (Pay II) Dated the 9th April, 2001
Copy forwarded to :-
1. The comptroller & auditor General of India and all States under his control. (with 100 spare copies) 2. Controller General of Accounts/Controller of Accounts, Ministry of Finance. 3. Registrar General, supreme Court of India. 4. Secretaries to Union Public Service Commission/Election Commission/Lok Sabha Secretariat/Rajya Sabha Secretariat/Cabinet Secretariat/Central Vigilance Commission/Presidents Secretariat/Vice Presidents Sectt./Prime Ministers Office/Planning Commission. 5. Department of Personnel and Training (A I S Division/JCA Section/Admn. Section/Pay Implementation Cell). 6. Additional Secretary (Union Territories) Ministry of Home Affairs. 7. All State governments and Union Territories. 8. Secretary, National council (Staff side), 13-C Feroze shah road, New Delhi. 9. All members of the staff side of the National Council of JCM/Department Council. 10. All Officers/Sections of the Department of Personnel and Training/Department of Administrative Reforms & Public Grievances/Department of Pensions & Pensioners Welfare. 11. Joint Secretary (Pers) Ministry of Finance, Department of Expenditure. 12. 300 spare Copies. Sd/-