GOVERNMENT OF INDIA DECISIONS UNDER RULE 3

1. It has been decided that since the Junior Administrative Grade is non-functional and is available to officers as a matter of course without any screening, the members of the All India Services may be allowed this grade from the 1st January of the year in which they complete 9 years of service.
   (Deptt. of Personnel & Training’s letter No.11030/22/91-AIS(II) dated 16th March, ’93.)
2. Promotion of All India Service officers against whom disciplinary/criminal proceedings are pending – procedure to be followed :-
   2.1. Instructions in regard to the procedure for promotion or confirmation to be followed, in respect of the members of the All India Services who are under suspension, or against whom disciplinary/criminal proceedings are pending or contemplated, have been issued from time to time. In this respect, attention is especially invited to Department of Personnel & Training’s letters No. 6/3/72-AIS(III) dated 24th July, 1975, No. 11030/20/75-AIS(II) dated 27th December, 1975 and No. 11030/22/87-AIS(II) dated 7th September, 1987. The Govt. of India have reviewed these instructions carefully and have also taken note of the judgement dated 27th August, 1991 of the Supreme Court in the matter of Union of India etc. Vs. K.V. Jankiraman, etc. (AIR 1991-SC 2010). As a result of the review and in supersession of earlier instructions on this subject, the procedure to be followed in respect of members of All India Services in such cases will be as follows hereafter:-

2.2 Confirmation in the Service:

Rule 3 of the IAS (Probation) Rules, 1954 and analogous rules for the IPS and IFS lays down the period of probation of persons appointed to the IAS through different sources of recruitment. Rule 3.A ibid provides that a probationer who has completed his period of probation to the satisfaction of the Central Govt., shall be confirmed in the service at the end of this period of probation. A probationer who is under suspension or against whom disciplinary proceedings have been instituted or against whom a criminal case is pending in a court, cannot be considered to have completed the period of probation to the satisfaction of the Central Government and as such, he cannot be confirmed in service before such proceedings are dropped or concluded in his favour.
2.3. Promotion of officers to the various scales/grades of pay: At the time of consideration of the cases of officers for promotion, details of such officers in the zone of consideration falling under the following categories should be specifically brought to the notice of the concerned screening committee.
(i) Government servants under suspension.
(ii) Government servants in respect of whom a charge-sheet has been issued and disciplinary proceedings are pending; and
(iii) Government servants in respect of whom prosecution for criminal charge is pending.
2.4. The Screening Committee shall assess the suitability of the officers coming within the purview of the circumstances mentioned in para 3 above, alongwith other eligible candidates, without taking into consideration the disciplinary case/criminal prosecution which is pending. The assessment of the grading awarded by it will be kept in a sealed cover. The cover will be superscribed “FINDINGS REGARDING THE SUITABILITY FOR PROMOTION TO THE SCALE/GRADE OF \qquad IN RESPECT OF SHRI \qquad (Name of the officer)”. “NOT TO BE OPENED TILL THE TERMINATION OF THE DISCIPLINARY CASE/CRIMINAL PROSECUTION AGAINST SHRI \qquad .” The proceedings of the Screening Committee need only contain the note “The findings are contained in the attached Sealed Cover.”
2.5. The same procedure outlined in the above para will be adopted by the subsequent Screening Committees convened till the disciplinary case/criminal prosecution against the officer concerned are concluded.
2.6. On the conclusion of the disciplinary case/criminal prosecution, the sealed cover or covers shall be opened. In case the officer is completely exonerated, the due date of his promotion will be determined with reference to the findings of the screening committee kept in the sealed cover/covers and with reference to the date of promotion of his next junior on the basis of such findings. The Government servant may be promoted, if necessary, by reverting the junior-most officiating person. He may be promoted notionally with reference to the date of promotion of his junior.

In the cases of complete exoneration, the officer will also be paid arrears of salaries and allowances. In other cases, the question of arrears will be decided by the Central Government by taking into consideration all the facts and circumstances of the disciplinary/criminal proceedings, but where the government denies arrears of salary or a part of it, the reasons for doing so shall be recorded.
2.7. If any penalty is imposed on the Government servant as a result of the disciplinary proceedings or ifhe is found guilty in the criminal prosecution against him, the findings of the sealed cover/covers shall not be acted upon. His case for promotion may be considered by the next Screening Committee in the normal course and having regard to the penalty imposed on him.
2.8. It is necessary to ensure that the disciplinary case/criminal prosecution instituted against any officer is not unduly prolonged and all efforts to finalise expeditiously the proceedings should be taken so that the need for keeping the cases of officers in a sealed cover is limited to the barest minimum. It has, therefore, been decided that the appointing authorities concerned should review comprehensively the cases of Government servants, whose suitability for promotion to a higher grade has been kept in a sealed cover on the expiry of 6 months from the date of convening of the first Screening Committee which had adjudged his suitability and kept its findings in the sealed cover. Such a review should be done subsequently also every six months. The review should, inter alia, cover the progress made in the disciplinary proceedings/criminal prosecution and further measures to be taken to expedite their completion.
2.9. An officer who is recommended for promotion by the Screening Committee but in whose case any of the circumstances mentioned in para 3 above arise after the recommendations of the Screening Committee are received but before he is actually promoted, will be considered as if his case had been placed in a sealed cover by the
Screening Committee. All the subsequent committees shall assess the suitability of such officers along with other eligible candidates and place their assessment in a ‘sealed cover’. The sealed cover(s) will be opened on conclusion of the disciplinary case/criminal prosecution. In case the officer is completely exonerated, he would be promoted as per the procedure outlined in para 6 above and the question of grant of arrears would also be decided accordingly. If any penalty is imposed upon him as a result of the disciplinary proceedings or if he is found guilty in the criminal prosecution against him, the findings of the sealed cover in his case shall not be acted upon.
(DP&T’s letter No. 20011/12/92-AIS(II) dated 8th November, ’93).

3. A question has been raised whether the sealed cover procedure outlined in the letter dated 8.11 .93 would apply in respect of promotion of All India Services officers in the Junior Administrative Grade which is non-functional and is allowed as a matter of course to all the officers from 1st January of the 10th year of their service. This doubt has cropped up because the Screening Committees are not involved while appointing the All India Service officers in the Junior Administrative Grade.
   3.2. It is hereby clarified that it has not been the intention to allow Junior Administrative Grade to the AIS officers who are under suspension or against whom disciplinary/criminal proceedings are pending. The position would therefore be that the procedure as outlined in para 4 to 7 of DP&T’s letter of even number dated 8.11.93 would equally apply in cases of appointment of the officers to the Junior Administrative Grade. It is clarified that a member of the All India Service who is under suspension or against whom disciplinary/criminal proceedings are pending on the date of his eligibility for JAG, shall not be allowed this grade till his suspension is revoked and the proceedings against him are concluded. At that time, his case shall be taken up for review and if it is found that he stood exonerated of the charges levelled against him, this grade would be allowed to him retrospectively from the due date along with payment of arrears of pay and allowances. If, however, a penalty is imposed on him as a result of the culmination of the proceedings, JAG shall not be allowed during the period of operation of the penalty. The question of arrears would also depend upon the same.
   3.3. In the contingency where the disciplinary/criminal proceedings instituted against the officer due for appointment in the JAG are unduly prolonged, the procedure contained in para 8 of the letter dated 8.11 .93 would apply.
   (DP&T’s letter No. 20011/12/92-AIS(II) dated 22.11.94).
4. Various communications of the Govt. of India suggesting 1st July of the relevant year to be the relevant date for according promotions in the Senior Time Scale and Selection Grade is only advisory and does not in any manner restrict the power of the State Governments to effect promotions to these grades on or after the 1st of January of the relevant year with regard to and subject to the availability of vacancies in these grades in accordance with the rules, regulations and guidelines of the Central Govt.
   (DP&T’s letter No. 11030/15/97-AIS(II) dated 15th October, ’97).
5. A question has been raised that though Junior Administrative Grade is a nonfunctional grade and is allowed without any screening, whether the same would also be admissible in cases where there are adverse entries in the service records of the officers concerned.
   5.2 The matter has been carefully examined and it is considered that though no screening is involved while considering officers for appointment in the JAG, the system of promoting every officer in the normal course is not an effective system from the point of view of the efficiency of the cadres. An ineffective officer who has earned adverse entries for the discharge of his duties and who is promoted in Junior Administrative Grade in the normal course, tends to lower the efficiency and image of the cadre. In such cases, therefore, it would not be a healthy practice to allow automatic promotions in the Junior Administrative Grade. In partial modification of the earlier instructions on the subject, it is, as such, clarified that the Junior Administrative Grade of the Services would be allowed subject to fulfilment of other conditions and only where the remarks in their service records are not “adverse” and they have earned at least the grading “average”. In cases where the JAG is so withheld, the position would be reviewed annually for the purpose of release of this grade to such officers.
   (DP&T’s letter No. 11030/4/97-AIS(II) dated 25th June, ’98).
6. Subsequent to the acceptance of the recommendations of the Central Fifth Pay Commission, the Pay Rules for the three All India Services, namely IAS, IPS and IFS were amended vide our Notifications No. 14021/2/97-AIS(II)-A, 14021/2/97-AIS(II)-B, and 14021/2/97-AIS(II)-C dated 17th October, 1997. A number of references have been received seeking clarifications on the precise import of some of the provisions thus incorporated and the manner in which pay of the AIS officers is to be fixed or their increments regulated under certain circumstances. The necessary clarifications are furnished below.

6.2 Point of Doubt – I

In terms of the third proviso to rule 3(3), when fixing the pay of an officer in the revised scale of pay, it is to be ensured that he gets at least one increment in the revised scale of pay for every three increments (inclusive of stagnation increments, if any) drawn by him in the existing scale of pay. It is not clear when the next increment should be granted in such cases.

6.3 Clarification

The next increment in such cases shall be granted on the date an officer would normally have draawn his increment had he continued in the pre-revised scale of pay. It is further clarified that in cases where the pay of an officer is stepped up with reference to the pay of his junior under various other provisions, the next increment shall be admissible on his completing 12 months of qualifying service from the date his pay is stepped up with reference to the pay of his junior in the revised scale of pay.

6.4 Point of Doubt – II

Date of next increment in the revised scale of pay in cases where an officer has reached the maximum of the pre-revised scale or has been stagnating at the maximum for more than a year as on 1st January, 1996.

6.5 Clarification

Such an Additional increment is allowed under the third proviso to rule 5(3A). In these cases, the pay of an officer is to be fixed initially in the revised scale in terms of the provisions of rule 3(3) after allowing the benefits of bunching or of one increment for every three increments earned in the pre-revised scale, as the case may be. Thereafter,
if the officer has also been stagnating for more than one year at the maximum of the prerevised scale or has drawn one or more stagnation increments as admissible, he may also be allowed an additional increment on 1st January, 1996 itself in terms of the said rule. The subsequent increment in such cases shall be admissible on 1st January, 1997. The benefit of an additional increment on 1st January, 1996 shall also be admissible to those officers who reached the maximum of their pre-revised scale of pay on 1st January, 1995.

6.6 Point of Doubt – III

Manner of payment of arrears on account of revision of scale of pay in respect of those officers who were working in the Central Government and who superannuated on or after 1st January, 1996 but before 30th September, 1997.

6.7 Clarification

In accordance with the position intimated in regard to payment of arrears in respect of AIS officers on Central deputation vide our letter No. 14021/6/97-AIS(II) dated 27.11.97, all arrears accruing for the relevant period i.e. from 1.1.96 to 30.9 .97 are to be paid in two instalments and no distinction is to be made in this regard between serving and superannuated officers. An exception may, however, be made in cases where an officer has expired before being paid the arrears due on account of revision of pay scales and allowances. In such cases, the arrears may be paid in one lumpsum to the legal heirs of the deceased officer.
(DP&T’s letter No. 14021/2/98-AIS(II), dated 5th August, 1998).

7. Principles regarding promotion of the members of IPS in the State Cadre

7.1 Promotion to Senior Time Scale

Director General and Inspector General of police and where no cadre post of DG exists, the Addl. DG of Police may evaluate the performance of those members of the service who have completed 4 years of service, for deciding their suitability for promotion to Senior Time Scale posts, keeping in view the provisions of rule 6A of the I.P.S. (Recruitment) Rules, 1995 and make suitable recommendations to the State Government. This Scale shall be available from or after 1^{st } January_of the relevant year and subject to availability of vacancies in this grade.

7.2 Promotion to the Junior Administrative Grade

This grade is non-functional and shall be admissible without any screening to all the officers working in the Senior Time Scale who have completed 9 years of service, from 1st January of the relevant years except in case where any disciplinary/criminal proceedings are pending against any individual/person.

7.3 Promotion to the Selection Grade

A Committee consisting of the Chief Secretary, the Secretary-in-charge of the Police Department and the Director General and Inspector General of Police (Addl. Director General of Police where there is no cadre post of DG) may screen the cases of those officers in the Junior Administrative Grade who have completed 13 years of service, for promotion to the Selection Grade as per the provision of the IPS (Pay) Rules, 1954. On the basis of merit with due regard to seniority, selection grade will be available from or
after 1st January of the relevant year subject to the availability of vacancies in the said grade.
7.4 Promotion to Super-time Scale and the above Supertime Scale Posts
(A) Composition of the Screening Committees
(i) For Supertime Scale posts :-

The Screening Committee for this purpose (for promotion to the grade of DIG and IG) would be the same, as the one constituted for Screening of officers for promotion in the selection grade. Committee for the Union Territories Cadre would comprise the Union Home Secretary as Chairman, with Additional Secretary or the Joint Secretary in the Ministry of Home Affairs who is incharge of UT Police Cadre and Commissioner of Police, Delhi as members.
(ii) for the above Supertime Scale posts :-

The Screening Committee for promotion of an officer to the grade of Director General as well as Addl. Director General of Police and or equivalent post, would consist of (i) Chief Secretary, (ii) one non-IPS officer of the rank of Chief Secretary and working in the State Government (iii) Director General of Police and (iv) an additional member in case there is a senior officer available who is holding independent charge of Home Secretary and is in the rank of Addl. Chief Secretary or Chief Secretary (with rank not less than that of Additional Secretary to Government of India).
(B) Zone of Consideration

The zone of consideration of officers for promotion to various grades, would be as follows, depending upon the availability of posts :

1. For promotion to the Grade of DIG – Officers who have completed 14 years of service.
2. For promotion to the Grade of IGP – Officers who have put in 18 years of service
3. For promotion to the Grade of Addl. DGP-Officers who have put in 25 years of service { }^{35}
4. For promotion to the Grade of DGP – Officers who have put in 30 years of service
   (C) Method of Selection
   (i) Selection should be based on merit with due regard to seniority as provided in sub-rule 2A of Rule (3) of the Indian Police Service (Pay) Rules, 1954.
   (ii) Suitability of officers to hold posts of and above the Selection Grade may be adjudged by evaluating their character roll record as a whole and general assessment of their work.
   (iii) An officer who has not been included in the panel other than DG in the first instance should be eligible for reconsideration after earning two more annual confidential reports. For DG level, reconsideration could be after earning at least one more ACR.
   (iv) Special review may be done in cases where adverse remarks in an officer’s annual confidential reports are expunged subsequently as a result of his representation/ memorial.
   [^0]
   [^0]: { }^{35} Amended vide MHA letter No. 45020/5/2010-IPS-II, dated 19.07.2010.
   (D) Period of validity of the panel
   (i) A fresh panel should be prepared as soon as all the officers in the earlier panel have been provided for. Empanelment of officers shall be considered batch-wise. Care shall be taken to ensure that officers are suggested considered for appointment to various grades in the order of their interse position in the panel. The record of the officers who have been empanelled for promotion but are yet to be promoted despite a lapse of 2 years, may be screened to see if in the last two years, there had been any deterioration in their standard as would warrant their delisting from the panel.
   ii) If a vigilance or departmental inquiry has been started against an officer on the panel after a preliminary enquiry establishing charges prima facie, the said officer shall not be promoted, pending the result of inquiry.
   (E) Promotion to these grades may be made at any time during the year of their eligibility.

ANNEXURE TO THE PROMOTION GUIDELINES

GENERAL PRINCIPLES REGARDING MODE OF SELECTION ETC. FOR PROMOTION AND FUNCTIONS OF SCREENING COMMITTEES ETC.

1. FUNCTIONS SCREENING COMMITTEES

OF It should be ensured while making promotions that suitability of candidates for promotion is considered in an objective and impartial manner. For this purpose. Screening Committees (hereafter referred to as Committees) should be formed for different grades whenever an occasion arises for making promotions/confirmations etc. The Committees constituted shall adjudge the suitability of officers for:-
(a) Promotions of officers in various grades;
(b) Confirmation: and
(c) Assessment of the work and conduct of probationers for the purpose of determining the suitability for retention in Service or their discharge from service or extending their probation.

2 FREQUENCY AT WHICH COMMITEES SHOULD MEET

Meetings of the Committees should be convened at regular intervals to draw panels for filling up the vacancies arising during the course of a year. For this purpose, it is essential for the concerned appointing authorities to initiate action to fill up the existing as well as anticipated vacancies well in advance of the expiry of the previous panel by collecting relevant documents like ACRs, integrity certificates, seniority list etc. for placing before the Committees. Meetings of the Committees could be convened every year and if necessary, on a

3. DETERMINATION OF VACANCIES
4. PAPER TO BE PUT UP FOR CONSIDERATION BY COMMITTEES
   fixed date, e.g. 1^{st } of May or June. All the cadres should lay down a time schedule for holding’ the Committee meetings and the same should be monitored by making one of their officers responsible for keeping a watch to ensure that they are held regularly. Holding of these meetings need not be delayed or postponed on one or the other administrative ground or on the ground that the necessary material for placement before the Committees is not ready. The requirement of convening regular meetings of the Committee should be dispensed with only after a certificate has been issued by the appointing authority that there are no vacancies to be filled by promotion or no officers are due for promotion/confirmation during the year in question.

It is essential that the number of vacancies in respect of which a panel is to be prepared should be estimated as accurately as possible. For this purpose, the vacancies to be taken into account should be the clear vacancies arising in a grade due to death, retirement, resignation, promotions and deputation. As regards vacancies arising out of deputation, only those cases of deputation for periods exceeding one year should be taken into account taking due note of the number of deputationists likely to return to the cadre. Purely short term vacancies created as a result of the officers proceeding on leave, training or on deputation for a short-term period etc. should not be taken into account for the purpose of preparation of a panel. In cases where there has been delay in holding the Committee meetings for a year or more, vacancies should be indicated year-wise separately.
4.1 The proposals should be completed and submitted to the Committee well in time. No proposal for holding a Committee should be sent until and unless at least 90 % of the ACRs (up-to-date and complete) are available. Every effort should be made to keep the ACR dossiers up-to-date lest this aspect is advanced as the reason for not holding the Committee meetings in time. The officer referred in para 2 should also be responsible for monitoring the completion of the ACR dossiers.
4.2 The ACR folder should be checked to verify whether the ACRs for individual years are available. If the ACR for a particular year is not available and for valid justifiable reasons, it cannot be made available, a certificate should be recorded to that effect and placed in the folder.
4.3 The integrity certificate on the tines indicated below should be furnished to the Committees constituted to consider cases for promotion or confirmation :-
“The records of service of the following officers who are to be considered for promotion/confirmation in the grade have been carefully scrutinised and it is certified that there is no doubt about their integrity”.

If there are names of persons in the list of eligible candidates, whose integrity is suspect or has been held in doubt at one stage or the other, the fact should be recorded by the officer concerned and brought to the notice of the Committee. It should be ensured that the information thus furnished is factually correct and complete in all respects. Cases where incorrect information has been furnished should be investigated and suitable action taken against the person responsible for it.

5. CONSIDERATION OF The names of officers who are on deputation should OFFICERS ON also be included in the list submitted to the Committee DEPUTATION for consideration in case they come within the zone of consideration and fulfil the prescribed eligibility conditions. Similarly, the names of the officers on deputation should also be included in the list of names to be considered for confirmation in case they are eligible and come within the range of seniority. In cases where a certain number of years of service to be put in the lower grade is prescribed as a condition for becoming eligible for consideration for promotion to the higher grade and or for confirmation, the period of service rendered by an officer on deputation should be treated as comparable service in his cadre for the purposes of promotion as well as confirmation. This is subject to the condition that the deputation is with the approval of competent authority and it is certified that but for deputation. the officer would have continued to be in the relevant grade in his cadre. The same would apply in cases of officers who are on study leave or training under the various training schemes, which are treated as duty for all purposes.
6. PROCEDURE TO BE Each Committee should decide its own method and OBSERVED BY procedure for objective assessment of the suitability of COMMITTEES the candidates. While merit has to be recognised and rewarded, advancement in an officer’s career should not be regarded as matter of course but should be earned
7. CONFIDENTIAL REPORTS
   by dint of hard work, good conduct and result oriented performance as reflected in the annual confidential report and based on strict and rigorous selection process. The misconception about “Average” performance also requires to be cleared. While “Average” may not be taken as adverse remark in respect of an officer, it cannot also be regarded as complimentary to the officer as such performance should be regarded as routine and undistinguished. It is only the performance that is above average and performance that is really noteworthy which should entitle an officer to recognition and suitable rewards.
   7.1 The annual Confidential Reports are the basic inputs on the basis of which assessment is to be made by each Committee. The evaluation of ACRs should be fair, just and non-discriminatory. The Committee should consider ACRs for equal number of years in respect of all officers falling within the zone of consideration for assessing their suitability for promotion. Where one or more ACRs have not been written for any reason, the Committee should consider the available ACRs. While making the assessment, the Committee should not be guided merely by the overall grading that may be recorded in the ACRs but should make its own assessment on the basis of the overall entries made in the ACRs. If the Reviewing Authority or the Accepting Authority. as the case may be, has overruled the Reporting officer or the Reviewing Authority respectively, the remarks of the later authority should be taken as the final remarks for the purposes of assessment provided it is apparent from the relevant entries that the higher authority has come to a different assessment consciously after due application of mind. If the remarks of all these authorities are complementary to each other, then the remarks should be read together and the final assessment made on that basis.
   7.2 In the case of each officer, an overall grading should be given which will be either “Fit” or “Unfit”. There will be no benchmark for assessing suitability of officers for promotions.
   7.3 Before making the overall grading, the Committee should take into account whether the officer has been awarded any major or minor penalty or whether any displeasure of any higher authority has been conveyed to him. Similarly, the Committee would also take note of the commendations received by the officer during his
   service career. The Committee would also give due regard to the remarks indicated against the column of integrity.

The list of candidates considered by the Committee and the overall grading thus assigned to each candidate would form the basis for preparation of the panel for promotion.

8. PREPARATION OF YEAR WISE PANELS WHERE THE COMMITTEE HAS NOT MET FOR A NUMBER OF YEARS
   8.1 Where for any reasons beyond control. the Committee has not met in a year(s) even though vacancies arose during that year (s), the first Committee that meets thereafter should follow the procedures indicated below.
   (a) Determine the actual number of vacancies that arose in each of the previous year(s) immediately preceding and the actual number of vacancies proposed to be filled in the current year separately.
   (b) Consider in respect of each of the years those officers only who would be within the zone of consideration with reference to the vacancies of each year starting with the earliest year onwards.
   (c) Prepare a panel by placing the panel of the earlier year above the one for the next year and so on.

In case there is delay in holding the committee meetings for a year or more while considering the names yearwise, the names of those officers who have since retired but fall under the zone of consideration for the relevant year provided that they are eligible and would have been available had the meeting been held in time, for promotion in the grade.
8.2 Where a Committee has already met in a year and further vacancies arise during the same year, the following procedure should be followed:-
(a) For vacancies due to death, voluntary retirement, new creations etc. belonging to the category which could not be foreseen at the time of placing the facts and the matter before the Committee, another meeting of the Committee should be held for drawing up a panel for the vacancies thus arising. If for any reason, the Committee cannot meet for the second time, the procedure of drawing up of year-wise panels may be followed when it meets next for preparing panels in respect of vacancies
that arise in the subsequent year.
(b) In cases of non reporting of vacancies due to error or omission, since the wrong whereby such an error artificially restricted the zone of consideration cannot be undone, a Review DPC should be held keeping in mind the total vacancies in the year.
(c) For the purpose of evaluating the merit of the officers while preparing year-wise panels, the scrutiny of the record of the service of the officer should be limited to the record that would have been available had the Committee met at the appropriate time. However, if on the date of such meeting, departmental proceedings against an officer are in progress and the sealed cover procedure is to be followed, such procedure should be observed even if departmental proceedings were not in existence in the year to which the vacancy related. The officer’s name should be kept in the sealed cover till the proceedings are finalised.
(d) While promotions will be made in the order of the consolidated panel, such promotions will have only prospective effect even in cases where the vacancies relate to earlier years.

9. CONFIRMATION

In the case of confirmation, the Committee should not determine the relative merit of officers but it should assess the officers as “Fit” or “Not Yet Fit” for confirmation in their turn on the basis of their performance as assessed with reference to their records of service.

In the case of probation, the Committee should not determine the relative grading of officers but only decide whether they should be declared to have completed the probation satisfactorily. If the performance of any probationer is not satisfactory, the Committee may advise whether the period of probation should be extended or whether he should be discharged from service.

11. PROCEDURE TO BE FOLLOWED IN RESPECT OF OFFICERS UNDER CLOUD
    11.1 At the time of consideration of the cases of officers for promotion, details of such officers in the zone of consideration falling under the following categories should be specifically brought to the notice of the concerned Screening Committees:-
    (a) Officers under suspension;
    (b) Officers in respect of whom a charge-sheet has been issued and disciplinary proceedings are pending;
    (c) Officers in respect of whom prosecution for criminal charge is pending.
    11.2 The Screening Committee shall assess the suitability of the officers coming within the purview of the circumstances mentioned above, along with other eligible candidates, without taking into consideration the disciplinary case/criminal_prosecution which is pending. The assessment of the Committee including “unfit for Promotion” and the grading awarded by it will be kept in a sealed cover. The cover will be a sealed cover. The cover will be superscribe “FINDINGS REGARDING TIIE SUITABILITY FOR PROMOTION TO TIIE SCALE OF IN RESPECT OF SHRI…………. NOT TO BE OPENED TILL THE TERMINATION OF THE DISCIPLINARY CASE/CRIMINAL PROSECUTION AGAINST SHRI………………………………………………..” The proceeding of the Committed need only contain the note “THE FINDINGS ARE CONTAINED IN THE ATTACHED SEALED COVER.” The same procedure will be adopted by the subsequent Screening Committees till the disciplinary case/criminal prosecution against the officer concerned is concluded.
12. ADVERSE REMARKS

    12.1 Where adverse remarks in the Confidential Report of the officer concerned have not been communicated to him, this fact should be taken note of by the Committee while assessing the suitability of the officer for promotion/confirmation. In a case where a decision on the representation of an officer against adverse remarks has not been taken or the time allowed for submission of representation is not over, the Committee may defer the consideration of the case until a decision on the representation is arrived at.

    12.2 An officer whose increments have been withheld or who has been reduced to a lower stage in the timescale, cannot be considered on that account to be ineligible for promotion as the specific penalty of withholding promotion has not been imposed on him. The suitability of the officer for promotion should be assessed by the Committee as and when occasions arise. They will take into account the circumstances leading to the imposition of the penalty and decide whether in the light of overall service records of the officer and the fact of the imposition of the penalty, he

    			REVIEW OF SEALED COVER CASES It is necessary to ensure that the disciplinary case/criminal prosecution instituted against an officer is not unduly prolonged and all efforts to expeditiously finalise the proceedings are taken so that the need for keeping the cases of officers in sealed cover/covers is limited to the barest minimum. The appointing authorities concerned should comprehensively review such cases on the expiry of three months from the date of convening of the first Screening Committee which had adjudged his suitability and kept its findings in the sealed cover. Such a review should be done subsequently also after every three months. The review should inter alia cover the progress made in the disciplinary proceedings, criminal prosecution and further measures required to be taken to expedite their completion. The same procedure is to be followed for considering the cases of confirmation. ADHOC PROMOTIONS IN CASES WHERE DISCIPLINARY PROCEEDINGS/CRIMIN AL PROSECUTION ARE PROLONGED As appointment of the members of the All India Services to various grades is made on regular basis and the concept of one-time confirmation exists in their cases, the concept of grant of ad hoc promotion is alien to them. Unlike Central Government Servants, ad hoc promotions are not be allowed in their cases even if the disciplinary cases/criminal prosecutions instituted against them are found to have been prolonged. In their cases, only three-monthly review of their disciplinary/ criminal cases is to be undertaken and efforts are to be made to expedite their completion. In the case of an officer recommended for promotion by the Screening Committee where any of the circumstances mentioned in Para 11 above arise before actual promotion, sealed cover procedure would have to be followed. The subsequent Committee shall assess the suitability of such officers along with other eligible candidates and place their assessment in sealed cover. The sealed cover/ covers will be opened on conclusion of the disciplinary case/criminal prosecution. In case the officer is completely exonerated, he would be promoted VALIDITY OF THE PANEL REVIEW COMMITTEE MEETING as per the procedure outlined in Para 18 above and the question of grant of arrears would also be decided accordingly. If any penalty is imposed upon him as a result of the disciplinary proceedings or if he is found’ guilty in the criminal prosecution against him, the findings of the sealed cover shall not be acted upon as outlined in Para 18.2 above. A panel for promotion recommended by the Committee and approved by the appointing authority shall be valid till all the officers placed in the panel have been promoted. This will, of course, exclude officers who are away on deputation or are on study leave or are on training. 23.1 The proceedings of any Committee may be reviewed only if the Committee had not taken all the material facts into consideration or if material facts were not brought to their notice or if there were grave errors in the procedure followed by them. Special review may also be done in cases where adverse remarks in the officers ACRs are expunged as a result of their reports. The Review Committee should consider only those officers who were eligible as on the date of meeting of the original Committee. They should also restrict their scrutiny to the ACRs for the period relevant to the first Committee. If any adverse remarks relating to the relevant period were toned down or expunged, the modified ACRs should be considered as if the original adverse remarks did not exist at all. Before doing so, the appointing authority would scrutinize the relevant cases with a view to decide whether or not a review by the Committee is justified, taking in mind the nature of the adverse remarks toned down or expunged. While considering a deferred case or review of the case of a superseded officer, if the Committee finds the officer fit for promotion/confirmation, it would place him at the appropriate place in the relevant panel after taking into account the toned down remarks or expunged remarks. 23.2. If the officers placed junior to the officer concerned have been promoted, the latter should be promoted immediately and if there is no vacancy, the junior-most person officiating in the higher grade should be reverted to accommodate him. On promotion, his pay should be fixed at the stage it would have reached had he been promoted from the date the officer immediately below him was so promoted, but no arrears for the past periods would be admissible. In the case of confirmation, if the officer concerned is recommended for confirmation on the basis of review, he should be confirmed from the due date. [MHA’s letter No. 45020/11/97-IPS.II dated 15.1.1999, as amended further vide letter of even number dated 12.5.2000] A question arose as to how and under what circumstances the ex-cadre posts, under State Governments, or under a body, incorporated or not which is wholly or substantially owned or controlled by the State Government or the Government of India, should be declared equivalent to cadre posts and how the pay of Select List officers appointed to such posts should be regulated. 8.2 The Government of India have held that there is nothing in the IAS/IPS (Pay) Rules, 1954 to show that fixation of pay and regulation of increments of State Civil/Police Service officers in the Select Lists, appointed to non-cadre posts declared equivalent to cadre posts, is required to be done under the provisions of those Rules. The Pay Rules only regulate fixation of pay and the regulation of increments of State Civil/Police Service officers appointed to the IAS/IPS in a substantive capacity or appointed to hold the cadre posts in an officiating capacity in accordance with rule 9 of the IAS/IPS (Cadre) Rules, 1954. 8.3 It was observed that item (vi) given below “Part II- Principles for fixation of officiating pay of a State Civil/Police Service officer appointed to officiate in a cadre post” in the Ministry of Home Affairs’ letter No.1/27/59-AIS(II), dated the 23rd March, 1960 had created confusion and the State Governments had been declaring non-cadre posts as equivalent to cadre posts under rule 9 of the IAS/IPS (Pay) Rules 1954 even when such non-cadre posts were held by Select List officers. This procedure was unauthorised and irregular. Declaration under rule 9 of the IAS/IPS (Pay) Rules, 1954, is to be made only when an ex-cadre post is held by a member of the Service and not by a Select List officer. It is for the State Government concerned and not the Central Government to regulate the fixation of pay and the regulation of increments of Select List officers appointed to non-cadre posts under their control in any way they deem fit. 8.4 Since item (vi) contained in Part II of the Ministry of Home Affairs’ letter No. 1/27/59-AIS(II), dated the 23 March, 1960 has created confusion and distortion of the IAS/IPS cadres, it has been decided to delete the item therefrom. The pay and increments of the Select List officers appointed to cadre posts will be regulated as explained above. [G.I.,M.H.A. letter No. 15/38/66-AIS(III), dated 20/4/1966.] The Government of India have decided that the cases already decided prior to the issue of the orders contained in Ministry of Home Affairs’ letters No. 15/38/66-AIS(III), dated 20-4-1966 and No. 37/7/66-AIS(III), dated 17/6/1966 need not be reopened. 9.2 Non-cadre posts are not to be declared as equivalent to cadre posts by the State Government under rule 9 of the IAS/IPS(Pay) Rules, 1954. But it would be open to the State Government to issue such declaration under their own powers and to furnish to the Accountant General with the instructions to regulate the pay of Select List officers in terms of Schedule II to the Pay Rules. It is not permissible under the All India Services Act, 1951 to regulate the appointment of a Select List officer (non-cadre officer) in a non- cadre post even though the non-cadre post is declared by the State Government as equivalent to a cadre post. Rule 9 of the IAS/IPS (Cadre) Rules 1954 applies only to officiation of Select List officers in cadre posts as defined in the cadre Rules. [G.I. M.H.A. letter No. 15/66/66-AIS(II), dated 28/12/1966.] The Government of India have decided that if a non-cadre officer (Select List Officer) is appointed to hold a cadre post as a temporary measure under rule 9 of IAS/IPS Cadre Rules, 1954 for a period exceeding 3 months without the approval of the Central Government, his appointment will be treated as unauthorised and his pay is to be regulated in accordance with items (i), (ii) and (iii) of Part II of the Ministry of Home Affairs letter No. 1/27/59-AIS(II), dated 23/3/1960. 10.2 If a non-cadre officer (Select List Officer) holding a cadre post in the IAS/IPS is for any reason transferred to a non-cadre post (ex-cadre post) declared by the State Government as equivalent to a cadre post under their own powers (not under rule 9 of the IAS/IPS Pay Rules, but by the independent action of the State Government), his pay in such post is to be regulated not under the provision of IAS/IPS Pay, Rules, 1954 but under the order of the State Government concerned. The State Government will have to furnish a formal declaration of equivalence to the Accountant General and they have to take a decision whether the Select List Officer holding the equivalent non-cadre post should be remunerated in the senior scale of IAS/IPS in terms of Schedule II to the Pay Rules. 10.3 If the State Civil/Police Service Officer (Select List Officer) is appointed to hold a cadre post as a temporary measure, out of turn for any reason, he will be entitled to pay in the senior scale of IAS/IPS for a period not exceeding 3 months vide Part I of this Ministry’s letter referred to in Para I above. If such officer continues to hold the cadre post beyond 3 months, his pay will be regulated as stated in para 1 above. In this connection attention is invited to the Ministry of Home Affairs letter No. 19/3/66-AIS-III, dated 26/4/1966. [G.I. M.H.A. letter No. 15/64/66-AIS(II), dated 28/1/1967] It is seen that general application of the existent rules in such cases of pay fixation on promotion from one grade to another involving higher duties and responsibilities and in overlapping pay scales may cause undue hardship to some members of the All India Services. In orders to remove such hardships, it has been decided that the officers may be given an option for fixation of their pay on promotion as under :- (a) Either their initial pay may be fixed in the higher post at the stage next above the pay notionally arrived at by increasing pay in the lower scale by one increment at the stage at which such pay accrued (or by an amount equal to the last increment in the lower scale if the officer was drawing pay at the maximum of the lower scale) or the minimum of the higher scale whichever is higher, without any further review on accrual of an increment in the pay scale of lower post, or (b) Pay on promotion may be fixed initially at the stage next above the pay in the lower scale which may be refixed in the manner mentioned at (a) above on the date of accrual of next increment in the scale of pay of the lower post. 11.2 If pay is fixed under (b) above, the next date in increment will fall due on completion of 12 months’ qualifying service from the date pay is refixed on the second occasion. 11.3 The above option may be given within one month of the date of promotion and option once exercised shall be final. 11.4 This option is to be allowed only in cases of promotion to higher posts in the normal line within the cadre and will not be available in cases of appointment by transfer on deputation. (DOP&T’s letter No. 20011/1/93-AIS(II), dated 25th May, 1993). Doubts have been expressed as to whether an IAS officer who has not been promoted in the Junior Administrative Grade and/or Selection Grade can be considered for promotion in the Supertime Scale. The existing statutory rules and the instructions issued on the subject from time to time are silent on this aspect. 12.2 The matter has been carefully examined. It is true that promotions in the Supertime Scale in the IAS are functional in nature, involving higher duties and responsibilities. It is also already laid down that promotions in this grade are to be allowed on merit-cum-seniority basis for which Character Roll records and the general assessment of the work of the officers concerned are to be taken into account. If, therefore, an IAS officer, for whatsoever reason, has not been considered for promotion in the lower grades i.e. JAG and /or Selection Grade which are non-functional, he would obviously also not be fit for promotion in the higher scale – particularly when the latter is a functional promotion. Rule 3(2A) of the IAS (Pay) Rules, 1954 also indicates that promotions in the Selection Grade and above scales would be available on merit with due regard to seniority. The natural conclusion would, therefore, be that such officers not having been found fit for promotion in JAG/Selection Grade would not be fit on merit for promotion in the Supertime Scale – be it under any circumstances, i.e. whether promotion has been finally withheld on merit or because of some disciplinary proceedings etc. This clarification is necessary because the rules and instructions governing promotions within the IAS do not provide for holding posts in a lower level/pay scale as a pre-requisite for promotion in a higher level post/pay scale and the length of service in the IAS is the only criterion to be followed for the purpose. 12.3 The above-mentioned clarification will apply mutatis mutandis in the cases of promotions within the Indian Police Service and the Indian Forest Service. (DP&T’s letter No. 11030/3/97-AIS(II), dated 29th May, 1997). GOVERNMENT OF INDIA DECISIONS UNDER RULE 4 (1) This Department has been receiving references from the State Governments as well as the offices of State AGs (A&E) seeking clarifications with regard to various provisions made in the revised rules. Various points of doubt raised by the States and clarifications thereon are as follows: (1.2) Point of Doubt Under Rule 4(6) of IAS pay Rules amended vide IAS (Pay) Second Amendment Rules 2008, whether, the two additional increments computed on 37400+8700 are to be allowed after fixation of pay at the minimum of Pay Band 4 on promotion of IAS Officers to Selection Grade of IAS. (1.3) Clarification Yes. In such a case, pay in the pay band 4 shall not be less than the pay Rs. 40180 arrived at by granting two additional increments computed @ 3 % of the sum of pay in the pay band and grade pay Rs. 8700 i.e. Rs.2780/- (Rs.1,390/- each). (1.4) Point of Doubt Under rule 5(c) of IAS (Pay) 2^{nd } Amendment 2008, does it mean that one increment on notional basis equal to 3 % of the sum of the pay in the Pay Band and the existing grade pay rounded off to the next 10 is to be added to the existing pay in the Pay Band for Senior Time Scale and then two additional increments at the prescribed rates be added for fixation of pay on promotion to JAG? 1.5) Clarification Yes. (1.6) Point of Doubt The pay of SCS officers appointed to IAS after 01/01/2006 was fixed by taking into account the assumed pay / actual pay drawn by them in the State scales of pay effective from different dates after 1.1.1996. In some States, the pay-scales for the State services have been revised for the second time too after 1.1.1996 but there is no concept of pay structure namely Pay Bands and Grade Pay in the said revision. Whether, the pay already fixed in the Senior Time Scale/JAG/Selection Grade in respect of IAS officers promoted from SCS after 1 / 1 / 2006 shall be considered for fixation of pay in terms provisions contained Rule 3A. 1.7) Clarification In case the pay scale of State Service has not been revised to the new pay structure with effect from the 1^{st } January, 2006, on the basis of recommendations of the Sixth Central Pay Commission, the pay of the officer shall first be fixed in the pre-revised IAS scale and thereafter shall be revised as per the fitment tables, prescribed under rule 4 of the IAS (Pay) Second Amendment Rules, 2008 and forwarded vide this Department’s letter dated 29^{th } September, 2008. The grade pay may be granted as per the criterion prescribed in rule 10 of the IAS(Pay) Second Amendment Rules, 2008. The pre-revised pay scales of SCS/non-SCS shall be the pay scales effective w.e.f. 1.1.1996, on the basis 5^{th } \mathrm{CPC} recommendations. 1.8) Point of Doubt Whether the pay already fixed by the Government of India in respect of non-SCS may be considered for revision of pay as per IAS (Pay) 2^{nd } Amendment Rules, 2008 or whether the details of pay drawn by them in State Pay scales are to be furnished to Central Government for revision of their pay. (1.9) Clarification In cases where the pay of non-SCS officers appointed to IAS after 1.1.2006 has already been fixed by the Central Government in the pre-revised Senior scale of IAS, it may be revised by the State Government as advised in respect of SCS officers in point 3 above. (1.10) Point of Doubt After fixation of pay in the revised pay structure, pay of AIS Officers in the above Super Time Scale i.e. in Pay Band 4 with Grade Pay 12000 when increments are sanctioned on 01.07.2006, 01.07.2007, the pay in pay band goes beyond 67000. In such a contingency whether pay in pay band is to be restricted to 67000 i.e. minimum Band Pay of Pay Band 4. 11.11 Clarification It has already been clarified vide this Department’s letter no. 14021/5/2008-AIS-II, dated 29^{th } September, 2008 that pay in Pay Band 4 plus grade pay shall, in no case, exceed Rs. 79000/-. In such a case the pay in pay band will be restricted to Rs.67000/-. 11.12) Point of Doubt Para 2 of schedule 1 provides for re-fixation of pay of SCS/non-SCS officers appointed in IAS during the period of probation on account of enhancement of pay in State service due to increment, pay revision etc. in the same manner as the initial pay fixation on promotion as if the officer is promoted to the IAS with effect from the date of such enhancement. 11.13) Clarification In the revised pay structure, stepping up of pay of the officer on account of change in State pay during the period of probation, in terms of clause 2, Schedule-I of IAS (Pay) Rules 2007, can be considered, provided that it does not contravene point 3 above. 11.14) Point of Doubt City Compensatory Allowance to Central Government Employees have been abolished with effect from 01.09.08 vide O.M.No. 2 (13) 2008 E II (B) dt.29.08.2008. However AIS Officers are entitled to the existing rates of City Compensatory Allowance, under State Rules since payment of City Compensatory Allowance is to be regulated under Rule 3 of AIS (Compensatory Allowance) rules 1954. In view of this, it may be clarified whether City Compensatory Allowance rates sanctioned by the State Government to their employees can be made applicable to AIS Officers working with the affairs of the State. 11.15) Clarification Rule 3 of AIS (Compensatory Allowance) rules 1954, states that the grant of a compensatory allowance admissible to a member of the Service and the conditions subject to which it may be granted shall be regulated by such general or special order of the Government under whom such member is for the time being serving as may from time to time be made by that Government. Therefore, in the States where CCA continues to exist, after its abolition at the Centre w.e.f. 1.9.2008, this allowance becomes an allowance specific to those States. GOVERNMENT OF INDIA DECISIONS UNDER RULE 5 The officiating pay of State Civil/Police Service officers appointed to officiate in the Indian Administrative/Police Service Cadre posts is to be regulated in the manner indicated below:- I. Circumstances in which officiating pay is to be fixed in Indian Administrative/Police Service- State Civil/Police Service officers appointed to officiate in cadre posts are entitled to get their officiating pay fixed in the senior time-scale of the Indian Administrative Service/Indian Police Service in the following circumstances:- (i) if the vacancy is not likely to last for a period exceeding three months; (ii) the Central Government have been informed if the vacancy is to exceed a period of three months but is less than six months and the Central Government do not issue any directions to revert the officer from the cadre post; and (iii) in case the period exceeds six months, the officer has been approved by the Union Public Service Commission and his name included in the Select List. Note – In case a non-State Civil Service Officer is appointed to hold an Indian Administrative Service cadre post in accordance with provisos of rule 9 of the Indian Administrative Service (Cadre) Rules, 1954, his officiating pay in the Indian Administrative Service will be fixed by the Central Government in consultation with the State Government concerned. II. Principles for fixation of officiating pay – The officiating pay of State Civil/Police Service officer appointed to officiate in a cadre post in the circumstances specified in paragraph I above, will be fixed in the senior time-scale of Indian Administrative Service/Indian Police Service under sub-rule (5), subject to the following conditions:- (i) State Civil/Police Service officers appointed to officiate in cadre post in accordance with the provisions of rule 9 of the Indian Administrative Service/Indian Police Service (Cadre) Rules, 1954 will be entitled to pay during the period of their officiation, under sub rule (5), upto a maximum period of six months or date of reversion, whichever is earlier, after which, if they are not approved by the Union Public Service Commission for officiating in cadre posts, these Rules will cease to apply to them. However, subject to sub-para (iii) of this para, there would be no objection to remunerate these officers at the initial pay fixed for them in the senior time-scale of the Indian Administrative Service/Indian Police Service till the date of reversion as a result of disapproval by the Central Government or the Union Public Service Commission. The entire period of such officiation would not count for purposes of pay fixation, if such officers are promoted later on. Note – If an officer is included in the Select List from a date after the expiry of six months form the date of officiation in the cadre post, the period of officiation, preceding the six months prior to the date of approval by the Union Public Service Commission, will not count for the purpose of fixation of pay and regulation of increments unless the entire officiation of the officer has specifically been approved by the Union Public Service Commission at the time of inclusion of his name in the said list. (ii) In cases where the requirements of Rule 9 of the Cadre Rules have not been fulfilled, the non-cadre officer shall be remunerated the pay which he would have drawn in the State Service had he not been appointed to a cadre post. (iii) if, in a case, when a State Civil/Police Service officer appointed to officiate in a cadre post is reverted due to his officiation not being approved, there is an enhancement in the substantive pay on the ordinary time-scale or Selection Grade of the State Civil/Police Service scale during the first three months, he will be entitled to re-fixation of his pay in the Indian Administrative Service/ Indian Police Service on the basis of his enhanced pay under clauses (2) and (3) in Section III of Schedule II and will continue drawing the re-fixed pay till the date of his reversion. (iv) the officiating pay of State Civil/Police Service officer fixed on the basis of his substantive pay in the Selection Grade of the State Civil/Police Service is not to be re-fixed on an enhancement of assumed pay in the ordinary time-scale of the State Civil/Police Service. (v) The officiating pay of an officer, officiating in the Selection Grade of the State Civil/Police Service on the date of his appointment to a cadre post is to be fixed under clause (3) in Section I of Schedule II and not under clause (3) in Section III. Clause (3) in Section III will come into play only when the officer, while officiating in the Cadre post, is substantively promoted to the Selection Grade of the State Civil/Police Service. (vi) Deleted. (vii) if a State Civil/Police Service officer is not confirmed in the State Civil/Police Service and is appointed to officiate in a cadre post, he should be given the minimum of the senior time-scale of the Indian Administrative Service/Indian Police Service from the date of his officiating appointment to the cadre post. (viii) for comparing the length of a State Civil/Police Service officer’s service with that of an Indian Administrative Service/Indian Police Service officer for the purpose of clause (5) in Section I of Schedule II, the total period of State Civil/Police Service (including sub-protem and officiating service which was followed without interruption by substantive service) is to be taken into account. (ix) All the periods of service rendered by a State Civil/Police Service officer before his confirmation in the State Civil/Police Service which were counted for increment in the State Civil/Police Service should be taken into account for computing completed years of service in the State Civil/Police Service. For this purpose, non-continuous State Civil/Police Service (excluding subordinate service) may also count, if it was rendered by the officer after his regular selection for appointment to that Service. Service as a probationer, even though it is rendered on a remuneration below the minimum of the time-scale of the State Civil/Police Service may also be taken into account for this purpose, provided that such service has been counted for all purposes, e.g. eligibility for promotion etc. in the State Civil Police Service by the State Government. III. Special pay – (i) A State Civil/Police Service officer officiating in a cadre post will be entitled, in addition to officiating pay in the senior time-scale of the Indian Administrative Service/Indian Police Service, to the special pay, if any, attached to the cadre post. (ii) A non-cadre officer holding a cadre post without valid approval under Rule 9 of the Cadre Rules can be allowed a special pay also provided it is certified by the State Government that the officer would have drawn the special pay in the State Civil Service but for being appointed to a post included in an All India Service. [G.I., M.H.A. No. 1/27/59-AIS(II), dated 23rd March 1960, read with letter No. 1/101/60AIS(II), dated 6th May, 1961 and letter No. 15/38/66-AIS(III), dated 20th April, 1966 and Deptt. Per. & AR Letter No. 1/13/68-AIS (II), dated 23/6/1971 and dated 19/1/1972.] The State Governments have been requested that while sending proposals for grant of proforma promotion they should see that all the conditions laid down in the Ministry of Finance letter No. F.2(55)-Est. III-46, dated 2/4/1947 (copy enclosed) for grant of benefit of next-below rule’ are fulfilled by the officers concerned. [G.I., M.H.A. letter No. 3/1/67-AIS(III), dated 27/1/1967.] Copy of the letter No. F. 2(55)-Est. III/46, dated the 2nd April, 1947 from the Ministry of Finance, Government of India, New Delhi, to all Provincial Governments. Sub:- Clarification of the Secretary of State’s rulings to the “next below rule”. 3.1 I am directed to State that doubts have frequently been expressed by Provincial Governments and Audit Officers regarding the exact scope of the various rulings issued by the Secretary of State in connection with the operation of the “next below-Rule”. For avoidance of doubt, the extant decisions on this subject have been summarised below. 3.2 The working rule subjoined to this paragraph may be taken to express the convention which is commonly known as the “next-below-rule”, as originally approved, and its provisions, the modifications made from time to time by the Secretary of State. The intention underlying the “rule” is that an officer out of his regular line should not suffer by forfeiting the officiating promotion which he would otherwise have received had he remained in his original line. The so-called “rule” is not a rule of any independent application. It sets out only the guiding principles for application in any case in which the Governor General in Council, or the Governor exercising his individual judgement in virtue of the powers conferred on him by the Secretary of State’s rule of the 14th April 1942 (Published with Home Department Notification No. 195/40-Ests., dated the 9th June, 1942) proposes to regulate officiating pay by special orders under the second proviso to Fundamental Rule 30 (I). The condition precedent to the application of the “next below-rule” must therefore be fulfilled in each individual case before action may be taken under this proviso. It also follows that the benefits of officiating promotion is to be given only in respect of the period or periods during which the conditions of the “next below rule” are satisfied. Next below Rule – When an Officer in a post (whether within the cadre of his Service or not) is for any reason prevented from officiating in his turn in a post on a higher scale or grade on the cadre of the Service to which he belongs he may be authorised by special order of the appropriate authority for officiating promotion into such scale or grade, and thereupon be granted the pay of that scale or grade, if that be more advantageous to him, on each occasion on which the officer immediately junior to him in the cadre of his Service or (if that officer has been passed over by reason of inefficiency or unsuitability or because he is on leave or serving outside the ordinary line or foregoes officiating promotion of his own volition to that scale or grade then the officer next junior to him not so passed over) draws officiating pay in that scale or grades: Provided that all officers senior to the officer to whom the benefit under the substantive part of this rule to be allowed are also drawing unless they have been passed over for one or other of the reasons aforesaid, officiating pay in the said or some higher scale or grade within the cadres: Provided further that, except in cases, covered by any special order of the Secretary of State not more than one officer (either the senior most fit officer in a series of adjacent officers outside the ordinary line, or if such an officer either forgoes the benefit of his own volition or does not require the benefit in virtue of his holding a post outside the ordinary line which secures him at least equivalent benefits in respect of pay and pension then the next below in the series)may be authorised to draw the pay of the higher scale or grade in respect of any one officiating vacancy within the cadre filled by his junior under this rule. 3.3 The “next below rule” set out in the preceding paragraphs should be applied with regard to the rulings or decisions mentioned hereunder: (i) A purely fortuitous officiating promotion given to an officer who is junior to an officer outside the regular line does not in itself give rise to a claim under the “next below rule”. (ii) The expression “outside the ordinary line” occuring in Fundamental Rule 30(1) is not intended to be rigidly interpreted as necessarily involving a post either “outside the cadre of a Service” or “outside the ordinary time-scale”. (iii) Although certain special post in cadre may be considered to be posts outside the ordinary line of Service for the purpose of applying the “next below rule” (vide the Secretary of State’s orders in India Office letter No. S. & G. 5079/44, dated the 2nd January, 1945 copy forwarded with Home Department letter No. 143/44,-Ests, dated the 26th April, 1945) there are no orders to cover the converse type viz., the treating as cadre posts of those posts created by Government in India which are declared to be equivalent in status and responsibility to permanent posts included in Secretary of State’s cadre. Now that the powers of Government of India to add temporary posts to the cadre of a Secretary of States Service have been with-drawn under the Constitution Act of 1935, the benefit under the next below rule may not be allowed, without the sanction of the Secretary of State to an officer outside the ordinary line if an officer junior to him is appointed to a post created and declared by a Government in India to so equivalent. (iv) If Government have approved in any department a list of officers in order of merit for promotion to administrative rank or a selection grade, then that order will prevail as the order of seniority for the purpose of the “next below rule” over the order of seniority of the officers in the ordinary gradation list of their cadre. 3.4 The Secretary of State has held that holders of special (e.g. tenure ) posts such as Secretaryships to a Governor or a Provincial Government should be ready to accept loss of officiating promotion of periods to posts on a higher scale or grade in the ordinary line in consequency of their incumbency and that when the stage is reached at which their retention involves loss of substantive or lengthy officiating promotion the proper course is to make arrangements to release them from the special posts rather than to compensate them for the loss of officiating promotion under the “next below rule”. “Short periods” should be interpreted as meaning period not exceeding three months. 3.5 If in such a case, the conditions of the “next below rule” are not satisfied and an officer is deprived of officiating promotion owing to its being impracticable for the time being to release him from the special post, he may be granted with the approval of the Governor-General in Council or of the Governor acting in his individual judgement according as the officer concerned is serving at the Centre or in the Province such compensation for loss of officiating promotion as would have been admissible under the next below rule for the period in excess of the first three months of his retention in the special post in the public interest. No specification of declaration in terms of the second proviso to Fundamental Rule 30(1) by the Governor-General in Council or the Governor will be necessary in these cases and it will suffice if those authorities issue the requisite orders granting the officers concerned the compensation on that basis. As in the case of the “next below rule” the periods for which compensation equivalent to the “next below rule” benefit is allowed will count for increment in the higher scale or grade in which the officer would have officiated had he not been holding the special post in the public interest. 3.6 If, however, in such a case the conditions of the next below rule' are satisfied, the officer concerned may be granted under the second proviso to Fundamental Rule 30(1) the concession admissible under the "next below rule" but save in exceptional circumstances, such as officer should not be retained in the special post if the pay attached thereto is lower than that admissible to him under the "next below rule" for more than 6 months beyond the date from which the "next below rule" begins to operate. The sanction of the Secretary of State is however unnecessary for exceeding this time limit in individual cases in exceptional circumstances.<br /> 3.7 This letter issues with approval of the Secretary of the State.<br /> [G.I.,M.H.A. letter No. 3/1/67-AIS-III, dated 27/1/67.] <ol start="4"> <li>The increments of State Civil/Police Service officers appointed to officiate in cadre posts will be regulated in accordance with the provisions of Clause (4) in Section III of Schedule II, subject to the following conditions:-<br /> (i) only the period of earned leave upto a maximum of 120 days taken at a time, is to count for increments in officiating appointment provided the State Governments certify that but for his proceeding on leave, the officer would have continued to officiate in the cadre post. In the case of permanent State Civil/Police Service officers who have been continuously officiating in the cadre posts for more than three years at the time they proceeded on leave and would have continued to officiate in the cadre posts but for their proceeding on leave, leave other than extra-ordinary leave will count for increments in that time-scale. For the purpose of reckoning the three years' limit, officiating service in the cadre post in the Indian Administrative Service/Indian Police Service will include periods of leave, including extraordinary leave during which the officer would have officiated in that post.<br /> (ii) When the officiating pay of an officer is re-fixed under clauses (2) and (3) in Section III of Schedule II, the period of one year for the purpose of next increment should be calculated from the date the pay is so re-fixed.<br /> (iii) No increment is to be allowed to an officer whose officiation in a cadre post beyond a period of three months/six months in not approved by the Central Government/the Union Public Service commission, as the case may be. He may be given only the pay as fixed/re-fixed for him under sub-para (i)/(iii) of para II of Government of India's Instructions below rule 4 till the date of reversion from cadre post.</li> </ol> NOTE - It will be the responsibility of the State Government to inform the Audit Officer as soon as they receive directions from the Central Government that the requirements of the Indian Administrative/Police Service (Cadre) Rules, 1954, have been satisfied. The officer may then be allowed an increment, if due, in the Indian Administrative Service/Indian Police Service time-scale.<br /> (iv) The period of officiation of an officer not approved by the Union Public Service Commission will not count for increments in case the officer is promoted again to the Indian Administrative Service/Indian Police Service.<br /> (v) For purposes of calculating six years' service as required under the second proviso below clause (4) Section III of Schedule II, the periods mentioned in clauses (a) to (d) of Para 13 of Ministry of Home Affairs' "Pay Instructions", dated 22and June, 1952, should be taken into account subject to the conditions laid down therein. In addition, service as a probationer, even though it is on a remuneration below the time-scale of the State Civil/Police Service, may also be taken into account provided that such service has been counted for all purposes e.g., eligibility for promotion etc. in the State Civil /Police Service by the State Government.<br /> (vi) In the case of a State Civil/Police Service officer appointed to officiate in a cadre post on or after 14th September, 1954, his first increment should be allowed to him as soon as he completes six years' service in the State Civil Police Service and the Indian Administrative Service/Indian Police Service provided that he has in the meantime also completed one year's service in the Indian Administrative Service/Indian Police Service. As regards officers who started officiation before 14th September, 1954, those of them who were substantively appointed to the Indian Administrative Service/Indian Police Service with effect from a date prior to 14th September, 1954, will have their pay and increments regulated under 'Pay Instructions' dated 22nd June, 1952. The pay and increments of all other officers will be regulated in accordance with the principles enunciated above.<br /> (vii) Period of suspension which is not treated as a period spent on duty vide rule 9 of the All India Services (Discipline and Appeal) Rules, 1955 and which is also not treated as one spent on leave, will also have the effect of postponing the increments.<br /> (viii) The service rendered by a member of the IAS/IPS in a post under the Government of India or under the Government of a State other than the cadre on which he is borne, carrying a scale of pay above the time scale, shall on his reversion and being appointed to a post carrying a scale of pay identical to the scale of pay of the post held outside the cadre, count towards initial fixation of pay to the extent and subject to the conditions indicated below:<br /> (a)The member should have been approved by the State Government concerned for appointment to the same scale during the relevant period.<br /> (b)All his seniors except those regarded as unfit for such appointment were serving in posts carrying pay in an identical scale or in higher posts and at least one junior was holding a post under the Government of the State on the cadre of which he is borne carrying a pay in an identical scale.<br /> (c)The service will count from the date his junior is promoted and the benefit will be limited to the period he would have held the post under the Government of the State on the cadre of which he is borne, had he not been appointed on deputation. These instructions are in supersession of those contained in the Ministry of Home affairs O.M. No. 1/29/58-AIS(II)m dated the 16th March, 1959.<br /> [G.I., M.H.A. letter No. 1/27/59-AIS (II), dated 23rd March, 1960 read with letter No. 1/101/60-AIS(II), dated 6th May, 1961 and latter No. 15/38/66-AIS(II) dated 20th April, 1966, and Deptt. of Personnel &amp; AR Letter No. 1/150/71-AIS(II) dated the 4/1/74-AIS(II), dated 16/4/75.] <ol start="5"> <li>State Governments are required to immediately find suitable postings as and when the officers cleared for proforma promotion in the Supertime Scale during their absence from State cadres return to rejoin the cadre. It would be obligatory for the State Governments to find such postings and in case the same cannot be done because of some administrative reason or otherwise, such officers would become eligible for notional enhancement of their pay in the Supertime Scale on the basis of their earlier proforma promotion in the said scale - provided of course, that they fulfil all other conditions laid down in the rule ibid.<br /> 5.2 The same principles will apply in the cases of officers returning to their cadres after being cleared for promotion in the grade of Rs.7300-7600 during their absence from the cadres.<br /> (DP&amp;T's letter No. 11030/5/97-AIS(II) dated 22nd July, 1997).</li> </ol> <h1 id="govtofindiadecisionunderrule6">GOVT. OF INDIA DECISION UNDER RULE 6</h1> <ol> <li>The increment of a member of the Service was withheld under sub-rule (1) for failure to pass the departmental examination and his pay restricted at Rs.350. He was however promoted to officiate in the senior post of Superintendent of Police in view of his seniority. The question arose as to how his pay should be regulated in the senior post.<br /> 1.2 Under rule 8, the member is entitled to draw pay in the junior time-scale. Since it has been restricted to Rs.350, it was decided that he should be remunerated at Rs. 600 with effect from the date he took over as Superintendent of Police and his future increments regulated with reference to his pay in the junior time scale.<br /> [G.I., M.H.A. letter No. 1/111/59-AIS(II), dated 5th October, 1959]</li> </ol> <h2 id="govtofindiadecisionsunderrule8">GOVT. OF INDIA DECISIONS UNDER RULE 8</h2> <ol> <li>The second and third increments shall accrue to the member of the I.A.S. from the date of his passing the departmental examinations but shall become payable only after the first increment raising his pay to Rs.400, has become due. The drawal of the second<br /> and third increment may be simultaneous with the first increment but, in no case, before the first increment has become due.<br /> [G.I., M.H.A. letter No. 1/27/58-AIS(II), dated 30th October, 1958.</li> <li>It has been decided that those open market special Recruits, whose initial pay has been fixed beyond the second/third incremental stages in the junior time-scale of the I.A.S. need not be given any advance increments on passing the prescribed departmental examinations.<br /> [G.I., M.H.A. letter No. 1/79/59-AIS(II), dated 3rd July, 1959.]</li> <li>An I.P.S. Officer shall on passing the prescribed departmental examinations, be entitled to have his pay fixed at Rs. 410 and Rs. 440 . The second and third increases shall accrue to him from the date of his passing departmental examination but shall become payable only after the first actual increase raising his pay to Rs. 380 has become due. The drawal of the second and third increases may be simultaneous with the first increase but, in no case, before the first increase has become due.<br /> [G.I., M.H.A. letter No. 1/194/57-AIS(II), dated 21st July, 1959.</li> <li>A member of the Service, who had failed to qualify in one subject in Departmental Examination, was exempted temporarily from passing the examination in that subject and allowed to draw advance increments under this rule. The question arose whether this was in order?<br /> 4.2The underlying object of this rule is to give incentive to direct recruits to pass the prescribed departmental examination fully as early as possible. The intention is not to exempt an officer temporarily from passing in a particular subject simply with a view to giving him advance increments. Temporary exemption indicates that the officer has not gained sufficient proficiency in the subject and that he would be required to pass the examination in the particular subject at a future date. It would be different matter if a particular officer, in view of his previous special experience or training in a particular subject, is exempted permanently from passing the examination in that subject. In such a case, there would be justification for giving advance increments after exempting the officer permanently from passing the examination in the particular subject. [G.I., M.H.A. letter No. 1/52/58-AIS(II) dated 16/9/59] A question arose whether a member of the Service, who had been exempted from passing the language test of the higher grade because he had passed an equivalent test before his appointment to the Service, was entitled to the grant of advance increment under this rule? As the member concerned has been exempted from passing the language examination, he is not required to pass it again. He is therefore entitled to the grant of advance increment under this rule, provided he has already passed the other parts of the departmental examination or is exempted from appearing in these parts. [G.I., M.H.I. letter No. 1/15/60-AIS(II), dated 9th Feb. 1960.] GOVT. OF INDIA DECISION UNDER RULE 11 A question arose whether the State Governments were competent to equate an excadre post to a cadre post of Indian Administrative Service, even though the time-scale of the ex-cadre post was not identical with the senior time-scale of the Indian Administrative Service. The basic criterion for such equation is the nature and responsibilities of duties attached to the post and not the pay attached to the post. It is therefore, within the competence of the State Government to declare such equation. [G.I., M.H.A. letter No. 32/52/56-AIS(II), dated 10th July, 1956.] A question arose whether equation of an ex-cadre post under a State Government to a post included in Schedule III-C was in order. Under sub-rule (1), it is only necessary that the post, with which the ex-cadre post is equated, should be specified in Schedule III. It is not necessary that the Scheduled post should be under the State Government and included in the State Cadre. [G.I., M.H.A. letter No. 1/54/59-AIS(II), dated 9th November, 1959.] A question arose whether a declaration under rule 9 had anything to do with thespecial pay, if any, to be granted to a member while holding a non-cadre post. 3.2 Special pay is normally granted to an incumbent of a post in consideration of: (i) the special arduous nature of the duties, or (ii) a specific addition to the work or responsibilities of the post. In case, where an I.A.S. Officer is appointed to an ex-cadre post, the Government should first decide in the light of the above principles whether the duties and responsibilities attached to such a post justify the grant of any special pay or not. After examining this aspect the ex-cadre post may be equated to a post in Schedule III, which carries/does not carry the desired special pay. An I.A.S. Officer appointed to an ex-cadre post would thus get a special pay, if the cadre post to which it is equated carries a special pay. [G.I., M.H.A. letter No. 1/86/60-AIS(II), dated 23rd May, 1960.] It has been decided that the administrative Ministries/Departments concerned should be delegated the power to equate an ex-cadre post to a post specified in Schedule III if the time-scale of pay of the ex-cadre post is identical to the time-scale of the post in the said Schedule to which it is sought to be equated, provided that, for this purpose, the time-scale of the post in the Schedule shall be that applicable to holders of the post other than the members of IAS/IPS. The prior concurrence of the Ministries of Home Affairs and Finance (Department of Expenditure ) is not, therefore necessary for equating the ex-cadre post to a scheduled post carrying pay in the prescribed time-scale identical to the time-scale of the ex-cadre post. Copies of the orders should, however, be endorsed to the Ministries of Home Affairs and Finance for record. 4.2 As regards ex-cadre posts, the time-scale of pay of which are not identical with that of any scheduled post, the concurrence of the Ministries of Home Affairs and Establishment Finance Division of DP & A.R. should be obtained before making a declaration under this rule and the fact that declaration issues in consultation with the said Ministries indicated in the body of the communication issued. [G.I., M.H.A. letter No. 1/131/60-AIS(II), dated 6th January, 1961.] See Government of India’s Decision (6.2) below rule 4 of the I.A.S. (Cadre) Rules, 1954. See Government of India’s Decision below rule 4 of these Rules. Where the administrative Ministry/ Department is of the view that there is no post in Schedule III to which the post in question can be equated in status and responsibilities, then the prior concurrence of the Department of Personnel and the Ministry of Finance (Department of Expenditure) should be taken before the administrative Ministry dispenses with the equation in terms of sub-rule 4 . This power should be used sparingly and only on administrative grounds not related to conferment of any pecuniary benefit on a particular incumbent. 7.2 Where an order dispensing with an equation has been issued in terms of subrule (4) of Rule 9 and the post to which a member of the Service is to be appointed does not change any prescribed pay or scale of pay in view of sub-rule (5) of Rule 9, the pay of the incumbent has to be fixed ad hoc. In such cases the pay of the incumbent should be fixed only after getting the concurrence of the Department of Personnel and the Department of Expenditure of the Ministry of Finance. [Deptt. of Personnel & A.R. O.M. No. 1/107/70-AIS(II), dated 22.4.1972]. Whenever an IAS officer serving at the Centre on tenure deputation basis in the grade of Director is cleared for promotion in the Supertime Scale in the cadre, an immediate intimation of the same would be conveyed by the concerned State Government to the Establishment Officer in the Department of Personnel & Training. The Establishment Officer in turn would provide an option to the concerned officer through his Central Administrative Ministry to revert to his cadre in order to avail of the actual benefits of the promotion. If the officer so opts, the Establishment Officer would take steps to revert the officer to the State concerned. If, however, the officer opts to continue at the Centre, he would be eligible to draw only the pay of the post held by him at the Centre. On his subsequent reversion to the cadre in due course in the latter cases, the officer would become eligible for the notional benefits of such promotion on fulfilment of conditions laid down in Rule 5(5)(b) of the IAS (Pay) Rules, 1954. The same procedure will apply in cases of the officers serving in posts in the Supertime Scale at the Centre and who are cleared for promotion in their cadres in the higher grades of Rs.7300-7600 and Rs.8000/- (fixed). 8.2 The above will also apply, mutatis mutandis, to the officers of the Indian Police Service and Indian Forest Service. (DP&T’s letter No. 11030/15/92-AIS(II) dated 8.9.1994). State Governments are competent to make temporary additions to the AIS cadres under the respective Services. They are also competent to declare posts not specified in Schedule III to the Pay Rules of the respective Services as equivalent to the scheduled posts in the light of the comparative status and responsibilities of the posts or to dispense with the said equation under rule 9 of the Pay Rules. It was also clarified vide our letter No. 1/135/71-AIS(II) dated 10th January, 1974 that while the State Governments are competent to take above actions, they are not competent to do so retrospectively and action under these rules can have only prospective effect. 9.2 These questions have been considered further subsequent to the receipt of some references for allowing retrospective creation of ex-cadre posts and/or retrospective equation of the ex-cadre posts held by the AIS officers with the scheduled posts for our concurrence by resorting to rule 3 of the AIS (Conditions of Service Residuary Matters) Rules, 1960. It has been noticed that it is not unusual for the State Governments to post an officer to a particular post, whether cadre or ex-cadre, and thereafter issue formal orders either creating the post on ex-cadre basis or as a temporary addition to the cadre, or equating the post under rule 9 of the Pay Rules if the post is not included in Schedule III ibid. It has also been found that there is usually a time-gap between assumption of charge of a post by an officer and issuance of formal sanction orders in this regard. The same problem arises at the time of promotion of officers particularly when posts in the respective grades are not available. The time-gap is also there when officers join the non-scheduled posts at the Centre. In all these cases, formal references are required to be made to this Department for regularisation of the pre-equated period by resorting to the provisions of rule 3 of the Residuary Matters Rules. 9.3 Since the orders of posting of an officer on promotion or to an ex-cadre post at the senior levels has the approval of the Cabinet of the respective State Governments, the highest authority in the State, it is considered that it would be in order to assume that the gap, if any, between joining a particular post and formal issue of orders creating that post or equating that post with a scheduled post is only technical or procedural in nature. Same will be the position in respect of the ex-cadre posts under the Central Government as these posts are also filled up with the approval of the Appointments Committee of the Cabinet or by the Ministers-in-charge who are the highest respective authorities. It has, therefore, been decided that such cases, whose duration does not exceed six months, would henceforth not require the approval of the Department of Personnel and Training for retrospective creation of posts or retrospective equation of posts under the concerned Cadre Rules or Pay Rules respectively. In such cases the Central Ministries and the State Governments concerned would be competent to grant whatever relaxation is necessary. In cases requiring relaxation for a period exceeding six months, however, approval of the Department of Personnel & Training would have to be taken. The relevant instructions contained in our letter dated 10th January, 1974 referred to above would stand modified to this extent. 9.4 This will also apply mutatis mutandis in the cases of officers belonging to the Indian Police Service and the Indian Forest Service. (DP&T’s letter No. 20019/2/95-AIS(II), dated 13.7.95). In case where an IAS officer has received promotion in Supertime Scale in his or her cadre and has started drawing pay in this grade before his deputation to Govt. of India, he or she would be allowed the maximum of the Selection Grade (Rs.15100-400-18300), i.e. Rs.18,300/- in addition, they would also be eligible to draw Central (Deputation on Tenure) Allowance which is at present fifteen percent of their grade pay subject to a maximum of Rs.1000/- per month. (DP&T’s letter No. 14021/5/97-AIS(II), dated 19.12.97, as amended vide DP&T’s Notification No. 11030/8/97-AIS(II)-A dated 11.8.98). It was clarified in DOP&T’s letters number 11030/17/93-AIS(II) dated 16^{th } December, 94 and number 14021/5/97-AIS (II) dated 19^{th } December, 97 that the IAS officers working in Supertime Scale in their cadres and who are subsequently appointed as Directors in the Central Government would be eligible to receive the maximum of the Director’s grade, in addition to the Central (Deputation on Tenure) Allowance at the admissible rate. It was also laid down that these instructions would mutatis mutandis be applicable to the members of the Indian Police Service and the Indian Forest Service. The Supertime Scale for IAS is Rs. 18400-500-22400 and the prescribed Selection Grade for the IAS officers appointed as Directors is Rs. 15100-400-18300. 11.2 In so far as applicability of the instructions in the cases of the IPS and the IFS officers is concerned, the position would however be different as it is usually a situation where they come to the Centre as Directors in the pay scale of Rs. 14300-400-18300 subsequent to their cadre promotion in the grade of Deputy Inspector General of Police/Conservator of Forests for whom the pay scale of Rs. 16400-450-20000 has been prescribed from 1.1.96. It would be seen that the pay scale for DIG/Conservator of Forests overlaps the pay scale for Directors. In such a position, therefore, it would be impracticable to allow them the maximum of the Director’s Grade, i.e. Rs. 18300. This is more so since it is generally found that such IPS/IFS officers were even otherwise drawing lesser pay as DIsG/Conservators in their cadres than the pay of Rs. 18300. This Department has therefore been clarifying in individual cases, whenever such references have been made, that the correct course of pay fixation in such cases would be to fix pay in these cases either at the same stage of the officer’s Grade Pay in the Director’s scale of Rs. 14300-18300, or if there is no such stage, at the immediately preceding lower stage of their grade pay. The difference of their State Pay and the Director’s pay thus fixed, if any, is to be treated as Personal Pay, to be absorbed in future increments/increase in pay. This position is based on the general practice being followed in respect of the Central Government employees in cases involving appointments from higher scales to lower scales. (DP&T letter No. 16017/1/98-AIS (II), dated 17.7.2000) It has been decided that IAS officers who are approved for proforma promotion to the Super time Scale and above Super time Scale in their State cadres while on Central deputation may be permitted to draw their pay at the maximum of the scale applicable for the lower deputation post with effect from the date on which they are granted proforma promotion to higher scales of pay in their parent cadre. 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. 18300/- in the pay scale of Rs. 15300-400-18300 on their proforma promotion to the Super time Scale 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. 22400/- in the pay scale of Rs. 18400-500-22400 on proforma promotion to the Above Super time Scale in their parent cadres. Upon such pay fixation, officers appointed to posts of Joint Secretary and equivalent shall also be entitled to stagnation increments as per the conditions prescribed in Para 2 of this Department’s orders of 13.5.98. 12.2 Fixation of pay at the maximum of the applicable scale of pay shall be subject to the following conditions: a) Pay scale of the central deputation posts should be lower than the scale of pay in the parent cadre to which the officer had been promoted on proforma basis under the ‘Next Below Rule’. b) The proforma promotion in the parent cadre should have been approved strictly in accordance with the relevant rules and instructions. c) The officer concerned should have been promoted in his cadre only after having fulfilled the eligibility criteria for promotion to the higher grade as prescribed in the relevant AIS rules and instructions. 12.3 These orders shall be effective from the date of issue. However, in cases of officers who are already on central deputation on the date of issue of these orders, the benefit of pay fixation at the maximum of the pay scale of the lower deputation post may be extended from the date of the grant of proforma promotion to the higher scales of pay in their State cadres. Past cases where the central deputation has already ended and the officers have since reverted to their cadres, would not be covered by this dispensation. The other conditions as contained in this Department’s orders dated 19.12.97 and 13.5.98 shall also remain valid. These instructions would equally apply in the cases of members of the Indian Police Service and Indian Forest Service with suitable modifications in their light of letter no. 16017/1/98-AIS (II) date 17^{th } July, 2000 relating to their pay fixation on their central appointments at the Director level. (DP&T letter No. 11030/17/93-AIS (II), dated 11.4.2001) Fixation of pay of All India Service officers who were on deputation and got promotion in the cadre subsequently while they were still on deputation i. In case the officer was on deputation on 1.1.06 and got promoted to a higher post in his cadre after 1.1.06, but was not granted proforma promotion under the ‘Next Below Rule’, his pay will get fixed w.e.f.1.1.06 in the grade which he was holding on 1.1.06. ii. In case the officer had been granted proforma promotion under the ‘Next Below Rule’, his pay will be fixed using the provisions of the ‘Next Below Rule’, as explained in (iii) below. iii. In the revised pay structure, the pay of an officer would be regulated in the following manner on grant of proforma promotion to him under ‘Next Below Rule’. (a) In case an AIS officer on deputation to a post gets promoted in his cadre to a post in a higher grade, his pay in the pay band will be fixed with reference to the pay in the pay band of the officer immediately junior to him in the cadre of his service. However, the officer in question would continue to draw the grade pay attached to the deputation post for the remaining duration of the deputation. (b) In case an AIS officer on deputation to a post in PB-4 gets promoted in his cadre to a post in HAG+, his basic pay will be fixed with reference to the basic pay of the employees immediately junior to him in the cadre of his service, but the total of pay in the pay band and grade pay of the deputation post will not exceed Rs.79,000. (c) In case an officer on deputation to a post in PB-4 gets promoted in his cadre to a post in apex scale, his basic pay will be fixed with reference to the basic pay of the employees immediately junior to him in the cadre of his service, but the total of pay in the pay band and grade pay of the deputation post will not exceed Rs.79,000. (d) In case an officer on deputation to a post in HAG+ gets promoted in his cadre to a post in apex scale, his basic pay will be fixed with reference to the basic pay of the employees immediately junior to him in the cadre of his service. 13.2 Fixation of pay of member of service who go on deputation to a lower post : (i) In case an AIS officer goes on deputation to a post carrying a lower grade pay, his pay in the pay band would continue unchanged, but he will be granted the grade pay of the lower post for the entire duration of the deputation. (ii) In case an officer in HAG+ scale goes on deputation to a lower post in PB-4, his basic pay in the deputation post will be fixed at a stage equal to his basic pay in the cadre of his service, but the total of pay in the pay band and grade pay of the deputation post will not exceed Rs.79,000. (iii) In case an officer in the apex scale goes on deputation to a lower post in PB4, his pay in the pay band will be fixed at the maximum of PB-4 (Rs.67000) and he will be granted the grade pay attached to the deputation post, but the total of pay in the pay band grade pay of the deputation post will not exceed Rs.79,000. In case deputation is from the apex scale to a post in HAG+, the basic pay will be protected in HAG+. (DP&T’s letter No.14021/5/2008-AIS-II, dated 29^{th } September, 2008) In the case of appointment of a member of the AIS, on Central deputation to a post with a lower grade pay than that attached to the substantive post in State Cadre, his pay in the pay band would continue unchanged but he will be granted the grade pay of the lower post till he continues to hold that post. Subsequently, on his appointment to a higher post after empanelment on Central deputation, he would be eligible for the grade pay of the higher post and his pay in the pay band would be fixed taking into account what he would have drawn had he been in his cadre. (An illustration is enclosed in Annexure-I) Annexure – I Illustration : Case of Pay fixation of IAS officer, holding a post in Super Time Scale in the State Cadre, appointed on Central deputation initially at the level of Director in Selection Grade of IAS and subsequently at the higher level of Joint Secretary in Super Time Scale. 1 _rs.37400-67000_plus_grade_ _pay_rs.10000/-” style=”text-align:left;”>Rs.46050/- in the pay band Rs.37400-67000 plus grade pay Rs.10000/- 2 Date of appointment as Director (on Central deputation) 15 / 04 / 2005 3 Pay fixed in the grade of Director (on Central Deputation) w.e.f. 1.1.2006 Rs.46050/- in the pay band Rs.37400-67000 plus grade pay Rs.8700/- 4 Pay on increment as on 1.7.2006 (as calculated with grade pay of Rs.8700 Rs.47700/- in the pay band Rs.37400-67000 plus grade pay Rs.8700/- 5 Date of appointment as Joint Secretary on 10.10 .2006 Central deputation :– :– :– 6 Pay fixed in the Super Time Scale on appointment as Joint Secretary on Central Deputation) w.e.f. 10.10. 2006 Rs.47740/-* in the pay band Rs.37400-67000 plus grade pay Rs.10000/- (* as would be admissible to the next junior officer drawing pay in same pay band and grade pay in the State cadre, i.e. with the last increment calculated on the Grade pay of Rs.10000/-) (DP&T’s O.M. 11030/35/2008-AIS-II, Dated 20/11/2008) 14 Fixation of pay of the members of All India Services in new HAG scale, on deputation shall be regulated in terms of clarifications given by the Ministry of Finance, Department of Expenditure vide their O.M. no. 1/ 1/2008-IC, dated 28th August, 2009 (DP&T’s letter no. 20011/5/2009-AIS-II, Dated 28/8/2009) (Annexure-II) Subject: Fixation of pay on deputation after the replacement of the pre-revised S-30 scale by the new HAG scale – clarifications-regarding. Attention is drawn towards this Department’s O.M. of even number dated 13^{th } September, 2008 on the subject ‘Clarifications on CCS (Revised Pay) Rule, 2008. Vide the said O.M. clarifications were issued, inter-alia, regarding fixation of pay of Government servants on deputation consequent upon the implementation of the revised pay structure recommended by the Sixth Central Pay Commission. The Government has since notified a new HAG scale (Rs.67000-79000) in replacement of the pre-revised S30 scale of Rs.22400-24500. Consequently, the following clarifications regarding fixation of pay on deputation on account of the replacement of the pre-revised S-30’scale by the new HAG scale are issued:- CASES WHERE GOVERNMENT SERVANTS WERE ON DEPUTATION AS ON 01.01.2006 (A) In case a Government servant was on deputation to a post in PB-4 with grade pay of Rs. 10000 on 1.1.2006and gl(t promoted to the HAG scale in his cadre after 01.01.2006while still on deputation and was also granted proforma promotion under the ‘Next Below Rule’, his pay will be fixed in the manner indicated below: – As on 1.1.2006, the pay of the Government servant will be fixed with reference to the fitment table of the pre-revised scale of Rs.18400-22400. Subsequently, when he gets promoted to HAG scale in his cadre and is allowed proforma promotion under the ‘Next Below Rule’, his basic pay will be fixed with reference to the basic pay of the officer immediately below him in his parent cadre (who is working in the cadre), though he will continue to be in the pay band PB-4. From such basic pay, Rs.10,000 will be treated as grade pay and the rest as pay in the pay band. The Government servant will continue to earn his annual increments during the remaining period of deputation subject to a maximum pay in the pay band of Rs. 67000 (the maximum of the pay band PB-4). (B) In case a Government servant was on deputation to a post in PB-4 with grade pay of Rs. 10000 on 1.1.2006, but had already been promoted to the HAG scale in his cadre prior to 1.1.2006, his pay will be fixed in the manner indicated below: – i) As on 1.1.2006, the pay of the Government servant will be fixed with reference to the fitment table of the pre-revised scale of Rs.18400-22400. Immediately thereafter (on the same day), his basic pay will be stepped up with reference to the revised basic pay of the officer immediately below him in his parent cadre (who is working in the cadre). From such stepped up basic pay, Rs.10,000 will be treated as grade pay and the rest as pay in the pay band PB- 4. The Government servant will continue to earn his annual increments during the remaining period of deputation subject to a maximum pay in the pay band of Rs. 67000 (the maximum of the pay band PB-4). ii) Subsequently, in case the Government servant got laterally appointed on deputation basis to a post in the HAG scale, his pay in the pay band and grade pay will be consolidated and will become his basic pay in the HAG scale, subject to a maximum of Rs. 79000. 2. CASES WHERE GOVERNMENT SERVANTS PROCEED ON DEPUTATION AFTER 01.01.2006 (A) In case a Government servant comes on deputation to a post in PB-4 with grade pay of Rs. 10000 after1.1.2006 and later gets promoted to the HAG scale in his cadre and is also granted proforma promotion under the ‘Next Below Rule’, his pay will be fixed in the manner indicated below: – On his appointment on deputation basis, the pay of the Government servant will be fixed as per the terms of deputation/ extant rules. Subsequently, when he gets promoted to HAG scale in his cadre and is allowed proforma promotion under the ‘Next Below Rule’, his basic pay will be fixed with reference to the basic pay of the officer immediately below him in his parent cadre (who is working in the cadre) but will continue to be in PB-4. From such basic pay, Rs.10,000 will be treated as grade pay and the rest as pay in the pay band. The Government servant will continue to earn his annual increments during the period of deputation subject to a maximum pay in the pay band of Rs. 67000 (the maximum of the pay band PB-4). (B) Fixation of pay of Government servants who are in the grade pay of Rs. 10000 in the pay band PB-4 in their parent cadre and who go on deputation, other than under the Central Staffing Scheme (i) directly to a post in HAG scale; and (ii) to a post in the same grade pay and thereafter get laterally appointed on deputation basis to a higher post in the HAG scale will be done in the manner indicated below:’- In such cases, as per extant instructions, On his appointment on deputation basis, the Government servant has the option to have his pay fixed either with reference to his pay-in his parent cadre (in which case he will also be eligible for deputation (duty) allowance), or to opt for the pay of the post. If the Government servant opts to have his pay fixed in the pay of the post, his pay will be fixed in the HAG scale by granting an increment to his basic pay @ 3 % and adding Rs. 2000 thereto, subject to a minimum of Rs. 67000 and maximum of Rs. 79000 . 3. PAY FIXATION OF GOVERNMENT SERVANTS WHO PROCEED ON DEPUTATION UNDER THE CENTRAL STAFFING SCHEME AFTER 01.01.2006 (A) Fixation of pay of Government servants who are in the HAG scale in their parent cadre and go on deputation to a post in the grade pay of Rs. 10000 in the pay band PB-4 under the Central Staffing Scheme will be done in the manner indicated below: Under the extant rules, Government servants are not permitted to go on deputation to a lower level post. The same is, however, permitted under the Central Staffing Scheme, Accordingly, in case a Government Servant in HAG scale goes on a deputation (under the Central Staffing Scheme) to a lower post in PB-4with grade pay of Rs,10000, his basic pay in the deputation post will be fixed at a stage equal to his basic pay in his parent cadre. However, since the basic pay of Joint Secretaries/equivalent posts has two components, viz., grade pay (Rs. 10000 ) and pay in the pay band, in such cases, the pay on deputation will be fixed by treating Rs. 10000 from the basic pay as grade pay and the remaining amount as pay in the pay band. To illustrate, if a Government servant’s basic pay in the cadre in HAG grade was Rs.73220, on his appointment on deputation basis as a Joint Secretary under the Central Staffing Scheme, his basic pay will continue to be Rs.73220, of which Rs. 10000 will be treated as grade pay and the remaining Rs. 63220 as pay in the pay band. Thereafter, he will continue to earn his annual increments, subject to his pay in the pay band not exceeding Rs. 67000. (B) Fixation of pay of Government servants who are in the HAG scale in their parent cadre and go on deputation to a post in the grade pay of Rs. 10000 in the pay band PB-4 under the Central Staffing Scheme and thereafter get appointed on deputation basis to posts in the HAG scale will be done in the manner indicated below: – . In such cases, on initial appointment to a ‘post in the grade pay of Rs. 10000 in PB4,the pay of a Government servant will be fixed in the mariner indicated in 3 (A) above. ‘Subsequently, when the Government servant is appointed on deputation basis to a post in HAG scale under the Central Staffing Scheme, his pay in the pay band and grade pay will be consolidated and will become his basic pay in the HAG scale subject toa maximum of Rs. 79000 . Subject: Fixation of pay of All India Service officers appointed as Director / Joint Secretary / Additional Secretary under the Central Staffing Scheme – reg. (15.1) The undersigned is directed to say that after the revision of pay scales w.e.f. 1 / 1 / 2006, the pay of All India Service officers on their appointment as Director/Joint Secretary/Additional Secretary under Central Staffing Scheme, as well as on proforma promotion to the next higher grade in the State cadre, is regulated in terms of revised provisions of Schedule-II.C of IAS (Pay) Rules, 2007 and similar rules in respect of IPS/IFS and the instructions issued by this Department vide lette no. 14021/5/2008-AIS-II, dated 29.9.2008 and no. 20011/5/2009-AIS(II), dated 28/8/2009. (15.2) As per the provisions contained in Schedule-II.C of the IAS (Pay) Rules, 2007, the post of Deputy Secretary under Central Staffing Scheme carries the twin pay scales of Pay Band-3 plus grade pay Rs. 7600 and Pay Band-4 plus grade pay Rs. 8700. In the case a member of All India Service is appointed as Deputy Secretary under Central Staffing Scheme after his promotion to Selection Grade of IAS/IPS/IFS in his State cadre or has been granted proforma promotion in the Selection Grade subsequent to appointment as Deputy Secretary at Centre, his pay is fixed in the Selection Grade, in the same manner as would have been fixed in the State cadre and he is allowed the Central Deputation (tenure) Allowance @10% subject to the maximum of Rs. 4000 per month. (15.3) In terms of instructions contained in this Department’s letter dated 29/9/2008, an officer, who has been appointed as Director on Central deputation subsequent to his promotion to the Super Time Scale (JS level) in the State cadre, continues drawing his pay in Pay Band as he was drawing in the State cadre but his grade pay restricted to that attached to the deputation post of Director. In case of his proforma promotion in his State cadre to a post in a higher grade, his pay in the pay band is fixed with reference to the pay in the pay band of the officers immediately junior to him in the cadre of his service, and he continues to draw the grade pay attached to the deputation post for the remaining duration of the deputation plus CDTA, wherever applicable. (15.4) Similarly, the pay of All India Service officers, on their appointment as Joint Secretary on Central deputation subsequent to their promotion in HAG scale as well as on proforma promotion to HAG scale, is regulated in terms of instructions issued by this Department vide letter dated 28/8/2009. (15.5) However, this Department has been receiving references from the Ministries/Departments for fixation of pay of All India Service officers appointed under Central Staffing Scheme, for approval in terms the instructions issued by this Department vide letter no.11030/2/2003-AIS-II, dated 12^{th } July, 2004. (15.6) The matter has been considered in this Department and it has been decided that the Ministries/Departments may fix the pay of AIS officers, on their appointment as Deputy Secretary/Director/Joint Secretary/Additional Secretary under Central Staffing Scheme, in terms of Schedule-II.C of the IAS (Pay) Rules, 2007 and similar rules in respect of IPS/IFS without making a reference to this Department. (15.7) In the case of appointment of an All India Service officer to a lower grade at Centre or in the case of proforma promotion to the next higher grade i.e. Super Time Scale or Above Supertime Scale, or in the case of their proforma promotion to any of these grades, their pay may be fixed in terms of the instructions issued vide letters dated 29/9/2008 and 28/8/2009 provided it is certified by the concerned State cadre authority that: (i) The officer had actually started drawing pay in the higher grade in his cadre or, in the case of proforma promotion, his immediate junior in the State has started drawing his pay in the higher grade. (ii) The promotion to the higher grade i.e. Super Time Scale or Above Supertime Scale in the State cadre has been allowed by the concerned State Cadre authority in accordance with the relevant rules and promotion guidelines. (iii) The State Government has obtained prior concurrence of the Central Government to the availability of vacancies in terms of rule 3 (2)(ii) of the IAS (Pay) Rules, 2007 or similar rules in respect of IPS/IFS officers, as the case may be. (DP&T letter No.14021/12/2008-AIS(II), 12^{th } March, 2010) Subject:- Non-Functional financial upgradation for Officers of IPS/IFS in Pay Band – 3 and Pay Band – 4 in terms of Note 3 below rule 3(1) of the IPS/IFS (Pay) Amendment Rules, 2008 (16.1) I am directed to say that the provision of non-functional financial upgradation of IPS/IFS officers in PB-3 or PB 4 linked to appointment of an IAS officer at Centre, as already made in the Note 3 below rule 3(1) of the IPS/IFS (Pay) Amendment Rules, 2008 has been further amended vide notification nos. GSR 172(E) and GSR 173(E) dated 3^{rd } March, 2010 to include the HAG Scale and to make the application of this provision in the State cadres more clear. The text of the new provision is as follows: “Note 3: Whenever any Indian Administrative Service officer of a particular batch is posted at the Centre to a particular grade carrying a specific grade pay in PB-3 or PB-4 or HAG scale, the members of Service, who are senior to such Indian Administrative Service officer by two years or more and have not so far been promoted to that particular grade, shall be granted the same grade on non-functional basis in their respective State cadres from the date of posting of the Indian Administrative Service officer at the Centre in that particular grade. In the case of those members of the Service who are posted at the Centre, at the time of grant of Non-Functional upgradation under Note 3 above, their pay in pay band will be fixed by granting one increment @ 3 % of the existing pay in the pay band and existing grade pay subject to the minimum of the pay band of nonfunctional upgradation, and they will not be granted higher grade pay or pay scale, as the case may be. Such officers will continue getting the grade pay of the post against which they have been appointed at the Centre under the Central Staffing Scheme. They will also continue getting Central Deputation Tenure Allowance (CDTA), wherever applicable.” (16.2) Grant of non-functional financial upgradqation to IPS/IFS officers in various State/Joint Cadres of IPS/IFS, wherever due and admissible in terms of the above provisions, would be effective w.e.f. 1.1.2006 and would be subject to the terms and conditions given in Annexure -I. Annexure -I. TERMS AND CONDITIONS FOR GRANT OF NON-FUNCTIONAL FINANCIAL UPGRADATION IN PAY BAND 3 OR PAY BAND 4 or HAG SCALE TO THE OFFICERS OF INDIAN POLICE SERVICE / INDIAN FOREST SERVICE. The non functional up-gradation granted in terms of provisions contained the Note 3 below rule 3(1) of the amended IPS/IFS (Pay) Rules, 2007 will be based on posting of particular batch of IAS officer at Centre after empanelment, under Central Staffing Scheme. Such up-gradation would not be linked to the vacancies in the grade. The up-gradation granted under these orders will be a purely non- functional financial up-gradation, personal to the officer and It would not bestow any right to the officer to claim promotion or designation of the higher post or deputation benefits based on his non-functional up-gradation in such a manner. All the prescribed eligibility criteria and promotional norms including ‘benchmark’ for up-gradation to a particular grade pay would have to be met at the time of screening for grant of higher pay band/grade pay under these orders. A screening committee would be formed by the concerned State cadre authorities for implementation of these provisions. There would be three members in committee so formed and they would at-least be one level above the grade for which up-gradation is being considered. Chief Secretary of the concerned State would chair the committee. In respect of AGMUT cadres of IPS/IFS, Home Secretary/Secretary, Environment and Forests, Govt. of India would chair the committee. All instructions concerning grant of non-functional upgradation presently applicable in the case of grant of non-functional Junior Administrative Grade to officers of IPS/IFS would apply in the event of penalty, disciplinary proceedings, suspension etc. Orders will be issued with the approval of the competent authority. Grant of higher pay scale on the non-functional basis would be from the date of posting of the first officer belonging to the particular batch of IAS under these orders will be given from the due date. Pay fixation (i) Pay fixation on grant of non-functional financial up-gradation under these provisions will be done as per the provisions of IPS/IFS (Pay) Rules, 2007 as amended vide this Department’s notifications (GSR no. 691 and 692) dated 27^{th } September, 2008 i.e. the officers will be granted one increment at the rate of 3 % of basic pay and the existing grade pay will be substituted by the grade pay of the particular grade of Service in which the non-functional financial upgradation has been granted. (ii) As far as similarly placed officers of IPS/IFS, posted on Central deputation, are concerned, they will be granted one increment @ 3% of the existing pay in the pay band and existing grade pay subject to the minimum of the pay band of financial upgradation, on account of the non-functional financial up-gradation, but their grade pay will remain unchanged on the ground that they are holding a particular post with a specific grade pay under the Central Staffing Scheme. In such cases the officers granted nonfunctional financial up-gradation may continue to draw CDTA if admissible. As and when the normal vacancies in the grade arise, the officer will be considered for regular promotion as per the promotion guidelines. However at the time of promotion, the pay in the grade will not be fixed again for officers who have been granted up-gradation under these orders. Officers on deputation / study leave or any other duly sanctioned leave would also be considered and granted higher pay-scale on non-functional basis according to the prescribed procedure. Non-functional up-gradation to the next higher grade pay granted under the scheme is a fall back option only, to be applied in cases where officers of IPS/IFS have not been granted promotion to a particular grade in pay band 3 or pay band 4 in normal course according to due procedure. ILLUSTRATION:- If officers of 1987 batch of IAS are empanelled as Joint Secretary in the grade pay of Rs. 10,000/- in PB-4 and an officer of the batch gets posted at Centre (under Central Staffing Scheme) on 15th January 2008, all the officers of the 1985 batch of IPS/IFS who have not been promoted to the IGP/CCF grade and who are eligible for the same on 1 / 1 / 2007 for the panel year 2007-08, would be granted the same grade on non-functional basis under these instructions w.e.f. 15^{th } January, 2008. Same would be the case in the event of posting of an officer of particular batch as Deputy Secretary/Director etc. under Central Staffing Scheme. (DP&T letter No.14021/3/2008-AIS(II), 16^{th } March, 2010) GOVERNMENT OF INDIA DECISIONS UNDER SCHEDULE II OF IPS (PAY) RULES, 1954 The increments of the State Civil/Police Service officers appointed to officiate in cadre posts will be regulated in accordance with the provisions of Clause(4) in Section III of Schedule II, subject to the following conditions:- (i) Only the period of earned leave up to a maximum of 120 days taken at a time, is to count for increments in officiating appointment provided the State Government certifies that but for his proceeding on leave, the officer would have continued to officiate in the cadre posts. In the case of permanent State Civil/Police Service Officers who have been continuously officiating in the cadre post for more than three years at the time they proceeded on leave and would have continued to officiate in the cadre posts but for their proceeding on leave, leave other than extraordinary leave will count for increments in that time-scale. For the purpose of reckoning the three years’ limit, officiating service in the cadre post in the Indian Administrative Service/Indian Police Service will include periods of leave, including extraordinary leave during which the officer would have officiated in the post. (ii) When the officiating pay of an officer is refixed under clauses (2) and (3) in Section III of Schedule II, the period of one year for the purpose of next increment should be calculated from the date the pay is so refixed. (iii) No increment is to be allowed to an officer whose officiation in a cadre post beyond a period of three months/six months is not approved by the Central Government/the Union Public Service Commission, as the case may be, and he may be given only the pay as fixed/refixed for him under sub-para (i)/(iii) of para II of Government of India’s Instructions below rule 4 till the date of reversion from cadre post. Note- It will be the responsibility of the State Government to inform the Audit Officer as soon as they receive directions from the Central Government that the requirements of the Indian Administrative/Police Service (Cadre) Rules, 1954 have been satisfied. The officer may then be allowed an increment, if due, in the Indian Administrative Service/Indian Police Service time-scale. (iv) The period of officiation of an officer not approved by the Union Public Service Commission will not count for increments in case the officer is promoted again to the Indian Administrative Service/Indian Police Service. (v) Period of suspension which is not treated as a period spent on duty vide rule 9 of the All India Service (Discipline and Appeal) Rules, 1955 and which is also not treated as one spent on leave, will also have the effect of postponing the increments. [G.I., MHA letter No. 1/27/59-AIS(II), dated 23rd March, 1960 read with letter No. 1/101/60-AIS(II), dated 6th May, 1961 and letter No. 15/38/66-AIS(III), dated 20th April, 1966.] The officiating pay of State Civil/Police Service Officers appointed to officiate in Indian Administrative Service/Indian Police Service Cadre post is to be regulated in the manner indicated below. I. Circumstances in which officiating pay is to be fixed in the Indian Administrative Service/Police Service.- State Civil/Police Service officers appointed to officiate in cadre posts are entitled to get their officiating pay fixed in the senior timescale of the Indian Administrative Service/Indian Police Service in the following circumstances:- (i) if the vacancy is not likely to last for a period exceeding three months; (ii) the Central Government have been informed if the vacancy is to exceed a period of three months but is less than six months and the Central Government do not issue any directions to revert the officer from the cadre posts; and (iii) in case the period exceeds six months, the officer has been approved by the Union Public Service Commission and his name included in the Select List. NOTE:- In case a Non-State Civil Service Officer is appointed to hold an Indian Administrative Service Cadre post in accordance with the provisions of Rule 9 of the Indian Administrative Service (Cadre) Rules, 1954, his officiating pay in the Indian Administrative Service will be fixed by the Central Government in consultation with the State Government concerned. II. Principles for fixation of officiating pay.- The officiating pay of State Civil/Police Service officer appointed to officiate in a cadre post in the circumstances specified in paragraph 2 above, will be fixed in the senior time-scale of Indian Administrative Service/Indian Police Service under sub-rule (5) subject to the following conditions:- (i) State Civil/Police Service officers appointed to officiate in cadre posts in accordance with the provisions of rule 9 of the Indian Administrative Service/Indian Police Service (Cadre) Rules, 1954, will be entitled to pay during the period of their officiation under sub-rule (5), up to a maximum period of six months or date of reversion, which-ever is earlier, after which, if they are not approved by the Union Public Service Commission for officiating in cadre posts, these rules will cease to apply to them. However, subject to sub-para (iii) of this para, there would be no objection to remunerate these officers at the initial pay fixed for them in the senior time-scale of the Indian Administrative Service/Indian Police Service till the date of reversion as a result of disapproval by the Central Government or the Union Public Service Commission. The entire period of such officiation would not count for purposes of pay fixation, if such officers are promoted later on. NOTE:- If an officer is included in the Select List from a date after the expiry of six months, from the date of officiation in the cadre post, the period of officiation, preceding the six months prior to the date of approval by the Union Public Service Commission, will not count for the purpose of fixation of the pay and regulation of increments unless the entire officiation of the officer has specifically been approved by the Union Public Service Commission at the time of inclusion of his name in the said list. (ii) In cases where the requirements of Rule 9 of the Cadre Rules have not been fulfilled, the non-cadre officer shall be remunerated the pay which he would have drawn in the State Service had he not been appointed to a cadre post. [Department of Personnel letter No. 1/13/68-AIS(III), dated 23/6/71.] (iii) If, in a case, when a State Civil/Police Service officer appointed to officiate in a cadre post is reverted due to his officiation not being approved, there is an enhancement in the substantive pay on the ordinary time-scale or Selection Grade of the State Service scale during the first three months, he will be entitled to refixation of his pay in the Indian Administrative Service/Indian Police Service on the basis of his enhanced pay under clauses (2) and (3) in Section III of Schedule II and will continue drawing the refixed pay till the date of his reversion. (iv) The officiating pay of a State Civil/Police Service officer fixed on the basis of his substantive pay in the Selection Grade of the State Civil/Police Service is not to be refixed on an enhancement of assumed pay in the ordinary time-scale of the State Civil/Police Service. (v) The officiating pay of an officer, officiating in the selection Grade of the State Civil/Police Service on the date of his appointment to cadre post, is to be fixed under clause (3) in Section I of Schedule II and not under clause (3) in Section III. Clause (3) in Section III will come into play only when the officer, while officiating in the Cadre post, is substantively promoted to Selection Grade of the State Civil/Police Service. (vi) Deleted. (vii) If a State Civil/Police Service officer is not confirmed in the State Civil/Police Service and is appointed to officiate in a cadre post, he should be given the minimum of the senior time-scale of the Indian Administrative Service/Indian Police Service from the date of his officiating appointment to the cadre post. (viii) For comparing the length of a State Civil/Police Service Officer’s service with that of an Indian Administrative Service/Indian Police Service officer for the purpose of clause (5) in Section I of Schedule II, the total period of State Civil/Police Service (including sub-pro-term and officiating service) which was followed without interruption by substantive service is to be taken into account. 2.2 All the periods of service rendered by a State Civil/Police Service officer before his confirmation in the State Civil/Police Service which were counted for increments in the State Civil/Police Service should be taken into account for computing completed years of service in the State Civil/ Police Service. For this purpose, noncontinuous State Civil/Police Service (excluding subordinate service) may also count, if it was rendered by the officer after his regular selection for appointment to that Service. Service as a probationer, even though it is rendered on a remuneration below the minimum of the time-scale of the State Civil/Police Service may also be taken into account for this purpose, provided that such service has been counted for all purposes e.g., eligibility for promotion etc. in the State Civil/Police Service by the State Government. III. Special pay:-(i) A State Civil Police Service officer officiating in a cadre post will be entitled in addition to officiating pay in the senior time-scale of the Indian Administrative Service/Indian Police Service, to the special pay, if any, attached to the cadre post. (ii) A non-cadre officer holding a cadre post without valid approval under Rule 9 of the Cadre Rules can be allowed a special pay also provided it is certified by the State Government that the officer would have drawn the special pay in the State Civil Service but for being appointed to a post included in an All India Service. [Dept. of Personnel letter No. 1/13/68-AIS(II), dated 19/1/72] [G.I., MHA letter No. 1/27/59-AIS(II), dated 23rd March, 1960, read with letter No. 1/101/60-AIS(II), dated 6th May, 1961 and letter No. 15/38/66-AIS(II), dated 20th April, 1966.] Under the IAS (Pay) Rules, 1954, pay drawn by SCS/non-SCS officers on substantive posts is taken into account on their appointment in the IAS. It has been found that this sometimes leads to a situation where the officers concerned have to get their pay fixed at a lower stage in the IAS than the pay drawn by them while holding posts in the State Government for the reason that they are necessarily not holding substantive posts immediately prior to their appointment in the IAS but are officiating on the posts last held by them under the State Governments. In order to mitigate the hardship thus caused, it has been decided to count their officiating pay as the basis for the purpose of their pay fixation in the IAS provided that such pay was drawn for not less than 3 years at the time of their appointment in the IAS. (3.2) While sending proposals for pay fixation of non-SCS officers appointed in the IAS to the Central Government as required under Rule 4(6) of the Pay Rules, the State Governments are to send complete pay details of such officers in Form B' below. For pay fixation of SCS officers on their appointment in the IAS, which is done by the State Govts. themselves, FormA’ below may be used. FORM A'<br /> PROFORMA REGARDING FIXATION OF PAY OF SCS OFFICERS APPOINTED TO OFFICIATE IN IAS CADRE POSTS/APPOINTED TO I.A.S. <ol> <li>Name of the officer</li> <li>Date of appointment to IAS/appointment to officiate in I.A.S. Cadre post.</li> <li>Designation of the post held immediately prior to such appointment in I.A.S.</li> <li>Pay scale and Pay drawn in the SCS on the date of appointment to IAS/to officiate in IAS cadre post.</li> <li>Was the officer substantive or officiating in the post mentioned in Column 3 above.</li> <li>If officiating, what was the substantive post.</li> <li>Pay and pay scale of the substantive post.</li> <li>Details of all the posts held by the officer before his appointment in the IAS, pay scales and pay drawn in these posts.</li> <li>Were the pay scales referred to in columns 4 &amp; 7 in force from 1.1.1996.</li> <li>If so, what was the DA admissible with reference to<br /> (a) Substantive post<br /> (b) Officiating post</li> <li>If the answer to Column 9 is "NO" when was the pay scale revised and what were the pre-revised lower and higher scales.</li> <li>What was the quantum of DA merged in<br /> (a) revised lower scale<br /> (b) revised higher scale</li> <li>No. of completed years of service in Class I/GroupA’ of SCS. Proposal of the State Government for fixation of pay and basis therefor. FORM B'<br /> PROFORMA FOR FIXATION OF PAY OF NON-SCS OFFICERS APPOINTED TO I.A.S. <ol> <li>Name of officer</li> <li>Date of appointment to I.A.S.</li> <li>Designation of the post held immediately prior to appointment to IAS.</li> <li>Pay and pay scale of the post referred to in column 3.</li> <li>Whether the pay was substantive or officiating.</li> <li>If officiating what was the substantive pay.</li> <li>Designation and the pay scale of the post in which the officer was substantive.</li> <li>Details of all the posts held by the officer before his appointment in the I.A.S., pay scale and pay drawn in these posts.</li> <li>State whether the pay scales of the substantive post and the post in which the officer was officiating were in force from 1.1.96.</li> <li>If the answer to column 9 above is yes, what is the DA admissible to the officer at the rates in force on 1.1.96 in his<br /> (a) Substantive Post<br /> (b) Officiating Post</li> <li>If the answer to Column 9 isNO’ what were the pre-revised pay scales of the posts in which the officer was (a) Substantive (b) Officiating What is the quantum of DA merged in the revised pay scales of (a) Substantive Post (b) Officiating Post No. of completed years service in Class I/Group `A’ non-SCS. Proposal of State Government for fixation of pay and basis therefor. (DP&T’s letter No. 20015/5/92-AIS(II), dated 29.3.94) The pay drawn by the SCS/non-SCS officers in the State Governments is protectable to the extent of Rs.5700/-, i.e. the maximum of the Selection Grade which is the third and the last component of the Senior Scale of I.A.S. This benefit is available on notional basis from 1.1.86, i.e. the date from which the revised pay scales for the I.A.S. came into being on recommendations of the Central Fourth Pay Commission, and on actual basis from 9.5.1994, i.e. the date of effect of the notification dated 6.5.1994. Accordingly, pay in such cases is fixed at the same stage of I.A.S. which is equal to their State Pay irrespective of whether the officers concerned are eligible for placement at such a level by virtue of their seniority or not, and no further increments are allowed till they become eligible for Selection Grade on completion of 13 years’ service calculated from their Years of Allotment. (4.2) It has been brought to notice that the above manner of pay fixation especially freezing of pay at the same stage in I.A.S. and not allowing any further increments till eligibility for Selection Grade is causing certain anomalies and financial hardship to the promoted officers. It has been found that under the new method of pay fixation, an officer promoted earlier in the I.A.S. whose pay is fixed and frozen at the same stage, begins to draw less pay than a junior officer who gets promoted in the I.A.S. subsequently, after earning one or more increments in the State pay-scale. In this way as seniority has been delinked from pay in such cases, whereas pay of the senior is frozen at a particular stage, the junior gets his pay fixed at a comparatively higher stage in the I.A.S. which is equivalent to his State Pay including the increments earned by him while remaining in the State Service subsequent to promotion of the senior in I.A.S. This causes heartburning besides the financial hardship to the officers who are promoted in the IAS earlier. (4.3) The matter of removal of such anomalies has been engaging attention of the Government. After careful consideration, it has now been decided that keeping in view the amendments made in the I.A.S. (Pay) Rules, 1954 vide Notifications dated 6.5.1994 and 17.7.1995, pay of S.C.S./non-S.C.S. officers inducted into the IAS may be fixed in the Senior Scale at a stage next above their State pay. Senior Scale of the IAS consists of (i) Time-Scale : Rs.3200-4700; (ii) Junior Administrative Grade: Rs.3950-5000; and (iii) Selection Grade : Rs.4800-5700. While fixing pay in such a manner, if the pay stage happens to be common to any two grades of the Senior Scale, the officer has to be placed in the lower of these two grades. In addition, they may also be allowed annual increments till the attainment of the stage of Rs.5700/- in the normal course. No further increments of pay fixation in the next higher scale, viz. Super Time Scale (Rs.59006700) would be available to them till they are actually promoted in this grade. Stagnation increments would of course be admissible to them if they happen to stagnate at the stage of Rs.5700/- before being promoted in the Super Time Scale. (4.4) The benefits on the above counts would be actually available from 9.5.1994 which is the date of effect of the Notification dated 6.5.1994 mentioned above and no arrears for the past periods would be admissible. The promoted officers would of course get notional benefits of the same w.e.f. 1.1.1986 in accordance with the Notification dated 14.7.1995. (4.5) The above principles will apply mutatis mutandis in the cases of the members of the Indian Police Service and the Indian Forest Service. (DP&T’s letter No. 20011/1/95-AIS(II), dated 17.5.96.) GOVT. OF INDIA’S DECISION UNDER SCHEDULE III-B OF IPS (PAY) RULES, 1954 Government of India had, consequent upon the recommendations made by the Third Central Pay Commission, taken a decision that the number of posts eligible for the grant of special pay in an I.A.S./I.P.S State cadre or a joint cadre should not exceed 50 % of the senior posts under the State Government (excluding posts in the super-time scale). This decision was conveyed to State Governments vide this Department’s letter No. 28/7/74-AIS(II) dated 16^{th } / 18^{th } November, 1974. It was stated therein that the State Governments should review, in due course, the position of posts carrying special pay in the Indian Administrative Service and the Indian Police Service with a view to restricting the number of posts under the State Governments which should carry special pay. In this connection, reference is also invited to the then Minister of State Shri Ram Niwas Mirdha’s d.o. letter No. 28/8/74-AIS (II) dated the 23^{rd } April, 1974, addressed to the Chief Ministers of all States. 1.2 Although the decision to restrict the number of cadre posts carrying special pay was taken more than seven years ago and despite requests made at the time of the cadre reviews to bring down the percentage of special pay posts to the prescribed level of 50 %, it has been observed that the number of special pay posts in the Indian Administrative Service cadre of your state has continued to exceed the prescribed ceiling of 50 %. The actual percentage is …… May I request that the position of special pay posts in Indian Administrative Service cadre of your State be reviewed again so that the number of posts carrying special pay does not exceed the prescribed ceiling of 50 %. (D.O. letter No. 11030/25/81-AIS (II) dated the 26^{th } April, 82 addressed by Secretary (P) to the Chief Secretaries of all the State Governments). { }^{33} Substituted vide DOPT Notification No. 14021/ 4 /2008-AIS (II), dated 27.9.2008 { }^{34} Substituted vide DOPT Notification No. 14021/ 4 /2008-AIS (II), dated 27.9.2008 ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ Read more Revision of State Allocation for Class-IV Employees of Bihar and Jharkhand 2 weeks ago R Allocation of Vacancies to Uttarakhand Following High Court Order 2 weeks ago A Final Allocation of Constables to Uttar Pradesh under Medical Hardship 2 weeks ago F Allocation of Personnel to Uttarakhand State – Uttar Pradesh Reorganisation Act, 2000 2 weeks ago A GoI Press Search Categories Agriculture & Rural Development Cabinet Decisions Commerce & Industry Culture & Tourism Defence & Security Education Elections & Political Affairs Energy & Resources Environment External Affairs Finance & Economy Forest & Climate Change Governance & Administration Health & Welfare Infrastructure Judicial Updates Labour & Employment Legislation & Law Notifications & Circulars Press Releases & Official Communications Public Sector Undertakings Reports & Publications Science & Technology State-Specific News Tenders & Procurement About About Disclaimer