Sl.

Pay band & grade pay Designation Minimum

No. Residency
Period
linked to
Performance
1 PB-3(Rs.15600-39100) Grade Scientist B 3 years.
PayRs.5400
2 PB-3 (Rs.15600-39100) Grade Pay Rs.6600 Scientist C 4 years.
3 PB-3(Rs.15600-39100) Grade Pay Rs. 7600 Scientist D 4 years
4 PB-4 (Rs.37400-67000) Grade Pay Rs. Scientist E 5 years
8700
5 PB-4 (Rs.37400-67000) Grade Pay Rs. Scientist F 5 years
8900
6 PB-4(Rs. 37400-67000) Grade Pay Scientist G ----
Rs.10000

27.2.3 There shall be two level of assessment for FCS. The first one would be
at internal level for screening purpose and next level assessment should have
majority of external members.

27.2.4 The assessment board for judging should have majority of external
members possessing expertise in the field. Greater emphasis to be placed on
achievement as evaluated by an independent peer group rather than
seniority. The revised assessment procedure as prescribed shall be followed
by all scientific Ministries/ Departments for considering advancement under
FCS.

27.2.5 The benefits of FCS shall be extended only in such Departments as

are involved in creating new scientific knowledge or innovative engineering,
technological or medical techniques or which are predominantly involved in
professional research and development and / or application of scientific
knowledge. The modified criteria for identifying departments as scientific and
technical and parameters for determining scientific activities and services,
scientists and engineers and scientific posts will be as in the Annexure II to
this scheme.

27.2.6 In order to extend the benefit of the Flexible Complementing Scheme

to other scientific departments, the criteria for identifying an organisation as
scientific would be decided and notified by the Department of Science and
Technology, keeping in view the definition given in this regard. For the
organisations that are demanding the extension of FCS in their case, the
administrative Ministry of such organisations shall satisfy itself that such
institutions are scientific and technical institutions and the officers are
scientists holding scientific posts and are involved in scientific and technical
activities as defined in the FCS scheme and make its recommendations to the
Department of Science and Technology. On receipt of such a request the
Department of Science & Technology shall set up a Committee, which shall
include eminent scientists relevant to the discipline, for examining the

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proposal referred by the administrative Ministry concerned. Since it is not
necessary that all the pay scales under the Flexible Complementing Scheme
should be applicable in all the scientific organizations, as the size of the
organization may not justify introduction of the entire group of scales, the
Committee, while making its recommendation , would take a specific view as
to the number of scales that should be operated in the organization as well as
the appropriate residency period for ensuring an even pace of promotion.
However, the progression under Flexible Complementing Scheme will only be
as per scales indicated in the scheme. The recommendations of the
committee shall be processed by the administrative ministry concerned and
shall be considered in consultation with DoPT and Department of
Expenditure.

27.2.7 If FCS is adopted by Autonomous Bodies, its implementation should

not require ACC approval, as promotion/up gradation within autonomous
Bodies does not come under the purview of ACC.

27.2.8 The modified ACP as approved for Central government civilian

employees would also be applicable to scientists covered under FCS. This is
expected to provide an alternate channel for development for scientists and is
expected to maintain the rigors of assessment required for assessment under
FCS.

27.2.9 Scientists/ Technical experts doing management/ administrative work

in the Ministries should not be considered for up gradation under FCS, they
should only be given benefit of up gradation under MACP.

27.3 Criteria for considering promotions under Flexible Complementing

Scheme, identifying institutions/ organizations as scientific and technical,
scientific activities and services, definition for Scientists and Engineers are
covered in OM dated 10.9.2010.

27.4. Only such scientists would be eligible for promotion under the scheme,
who not only possess the requisite qualifications, and are engaged in
Scientific and innovative activities as distinct from the mere application of
technical knowledge; and further, the function discharged by them are
relatable/ identifiable to their academic specialization.

27.5. Promotions are effective from a prospective date after the competent
authority has approved the same. This is the general principle followed in
case of promotions and this principle is applicable in the case of in situ
promotions under FCS as well. Giving the benefit of promotions from a
retrospective date or from the date of completion of residency period without
timely assessment as prescribed in FCS would dilute the spirit of FCS
instructions on rigorous assessment and would be akin to granting of financial
upgradation as in other such schemes. (DOP&T OM No.AB-14017/32/2002-
Estt(RR) dated 17.7.2002 and No.AB-4017/36/2011-Estt(RR) dated
21.09.2012).

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27.6. This Department has issued instructions in regard to the treatment of
deputation period/foreign service/ leave towards minimum residency period
for in situ promotions under the FCS vide OM No.2/41/97-PIC dated
15.11.2000 and No. AB-14017/38/2003-Estt(RR) dated 13.08.2013.

27.7. FAQ on FCS is posted on DOPT website vide No.AB-14017/35/2011

Estt.(RR) 23/09/2011.
***

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 Chapter 28
NON-FUNCTIONAL UP-GRADATION
( For Organised Group ‘A’ Service Officers)

28.1.1 The 6th CPC recommended that whenever an Indian Administrative

Services Officer of the State or Joint Cadre is posted at the Centre to a particular
grade carrying a specific grade pay in Pay band 3 or Pay Band 4, the officers
belong to batches of Organized Group A Services that are senior by two years or
more and have not so far been promoted to that particular grade would be
granted the same grade on non-functional basis from the date of posting of the
Indian Administrative Service Officers in that particular grade at the Centre.

28.1.2 Consequent upon the acceptance of the recommendations of the Sixth

Central Pay Commission, DOPT issued the instructions for grant of NFU in OM
No. AB 14017/64/2008-Estt.(RR) dated 24.04.09. The orders regarding batch of
the officers belonging to the Indian Administrative Service who have been posted
at the Centre in the various grades of PB-3, PB-4 and HAG scale as well as the
date of posting of the first officers belonging to the batchare issued by DOPT
(Establishment Division) in consultation with Office of Establishment Officer from
time to time. The cadre controlling authorities of an Organized Group A Services
are required to carry out appropriate amendments in the Service Rules and also
consider the cadre officers for grant of higher scale (i.e. pay band and/or grade
pay)under these instructions w.e.f. 1.1.2006, wherever due and admissible.

28.2 The terms and conditions for grant of NFU shall be as under:

The non-functional up-gradation granted under these orders will be based on

empanelment and posting of particular batch of IAS officer in the Centre. 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
up-gradation, personal to the officer and It would not bestow any right to the
officer to claim promotion or deputation benefits based on 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-scale under these orders.
A screening committee would be formed by the Ministry for implementation of
these orders. 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. Secretary of the Ministry concerned would chair the
committee.
All instructions concerning grant of non-functional up-gradation presently
applicable in the case of grant of NFSG to officers of Group ‘A’ Services
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 officer at the centre.
In case of any delay in the issue of orders, financial benefits under these
orders will be given from the due date.
(a) Pay fixation on grant of non-functional up-gradation under these orders will

262
 be done as per the provisions of CCS (RP) Rules ,2008 i.e. the officers will be
granted one increment at the rate of 3% of basic pay and the difference of
grade pay will be added to their basic pay.
As far as similarly placed officers of organized Gr. A Services, who are
posted under the Central Staffing Scheme on the date of grant of NFU are
concerned, they will be granted one increment on account of the non-
functional 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 non-
functional 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 promotions as per the normal DPC guidelines, based on the
provisions of the recruitment rules. UPSC will be consulted wherever the rules
provide for the same. 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 a
particular Service have not been granted promotion to a particular grade in
normal course according to the due procedure.

28.3. The definition of “Batch” for the purpose of grant of NFU and and other
clarifications on the subject have been issued in this Department OM No. AB
14017/64/2008-Estt (RR) dated 25.09.09 and No. AB 14017/16/2010-Estt. (RR)
dated 10.06.2010.

28.4. The benefit of NFU to Organized Group A Services shall not be applicable
to the officers in those Organized Services where FCS and DACP Schemes are
already operating and where officers are already separately covered by their own
in-situ Career Progression Schemes.

OM No.AB. 14017/39/2009-Estt.(RR) dated 02.04.2012

28.5. FAQ on NFU is also posted on DOPT website vide OM No. AB

14017/47/2011-Estt (RR) dated 1.8.2012.

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 Chapter 29

PAY

29.1 Initial appointment:

The pay of a Direct Recruit shall be fixed as per Rule 8 of the CCS
(Revised Pay) Rules, 2008. The pay scales for the commensurate grade
pay are given in the Part ‘A’, First schedule to these Rules.

29.2 Pay Protection:

There is no rule, or general instructions providing for pay protection as
such. This is found in various rules and instructions specific to the position
covered in that rule or instruction. Position in respect of different situations
is as follows:

Direct Recruitment: Pay protection in the case direct recruits is covered

under the provisions of FR 22 –B. Thus protection of pay in the case of a
Direct Recruit is available only in a case where the individual held a lien to
his old post on his confirmation in the old post. Moreover, as after the Sixth
Pay Commission, the post is identified by the Grade Pay of the post, while
his pay in the pay band would be protected in terms of FR 22-B, the officer
gets only the Grade Pay of the post to which he has been appointed. As
per the FR 22-B:

The employee should have been appointed in another service or post

either as a probationer or if he is appointed on probation with definite
conditions, and is subsequently confirmed.
During the probation, he shall draw the minimum of the pay scale or
at the probationary stage of time scale.
If he held a lien in a permanent post, or would have held a lien if it
had not been suspended, he would receive the presumptive pay of
the permanent post, if that were higher.
On confirmation in the service or the post his pay would be fixed as
per FR 22(I)(a)(1)* or FR 22(I)(a)(2)*
*Now under Rule 13 of the CCS(Revised Pay) Rules, 2008
In the case of apprenticeship, he will be paid the stipend; however, if
the pay of the permanent post to which he holds a lien is higher, he
will get the pay of the permanent post.
`No protection of pay would be given in case the previous
appointment was in a temporary capacity. This means that he should
have been confirmed in the earlier post.

Technical Resignation: In other cases of appointment of a Government

servant to another post in Government on acceptance of technical
resignation, the protection of pay may be given in terms of the Ministry of

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 Finance OM No. 3379-E.III (B)/65 dated the 17th June, 1965. This
protection is available in case the employee had been confirmed in the
post and his application was forwarded through proper channel. In such
cases the resignation is treated as a technical formality.

In terms of Department of Personnel and Training OM No. 13/24/92-Estt

(Pay-I) dated the 22nd Jan., 1993, this protection was extended to those
cases also, where the employee had applied for a post before joining the
Government service. This is subject to the following conditions:

The government servant should at the time of joining intimate the

details of such applications.
While submitting his resignation, the Government servant should
specifically mentioned that he is resigning to join another post under
Government/Government organisation and request that his resignation
be treated as a ‘technical resignation’.
The authority should satisfy itself that if the Government servant had
been in service, his application would have been forwarded.

Employee who seeks transfer to a lower post: Pay of an employee

holding a post on regular basis, on transfer to a lower post, is required to
be fixed under DoPT OM No. 13/9/2009-Estt (Pay-II) dated 21 January,
2009. The pay in the pay band of the individual would be protected;
however he will get the Grade Pay of the lower post to which he has
been appointed. Vide OM No.16/4/2012-Estt(Pay-I), dated 5 November,
2012, all Ministries/Departments have been requested to revise their
terms and conditions of transfer to a lower post in the light of this OM.

These OMs are not applicable to appointments on deputation where no

appointment of a Government servant in higher pay scale/Grade Pay is
permitted to a post in lower pay scale/Grade Pay in Central
Government.

Ad hoc appointments: Pay in a post held on ad hoc basis is not

protected either under FR 22-B or the Ministry of Finance OM No. 3379-
E.III (B)/65 dated the 17th June, 1965 or OM No. 13/24/92-Estt (Pay-I)
dated 22 January, 1993, or in the case of transfer to a lower post under
FR 15-A, covered by DoPT OM No. 13/9/2009-Estt (Pay-II) dated the 21
January, 2009.

However, pay of an employee who is holding a post on ad hoc basis,

and is reverted, will be protected if he is appointed to that post again on
ad hoc or regular basis. Thus on again being promoted on ad hoc basis,
he will not get less pay than what he was getting during his last
appointment to that post.

265
In case of deputation/ foreign service: The provisions for pay fixation
are given in DP&T OM No. 6/8/2009-Estt. (Pay II), dated 17 June, 2010.
These are:
No deputation from one Central Government department to another
department will be permitted if the applicant is in a higher Grade
Pay/scale of pay than that of the ex-cadre post. Such deputation is not
permitted in those cases also where the pay scales and Dearness
Allowance in the parent cadre post and the ex-cadre post are similar.
Where the pay scale and DA in the parent cadre post and ex-cadre
post are dissimilar no deputation/foreign service is permissible either
to the Central Government or from it :
if the basic pay in the parent cadre + one increment + dearness
allowance(s) + (interim relief if any), of the parent cadre post is more
than the basic pay + dearness allowance(s) + (interim relief, if any), at
the maximum of the pay scale of the ex-cadre post.
In the revised pay structure, the maximum of the scale would mean the
sum of the Grade Pay of the ex-cadre post and maximum of the pay
band PB 4 i.e. Rs. 67000.
For example, if the ex-cadre post is in the Grade Pay of Rs. 4200, then
the maximum would be Rs. 71200 i.e. Rs. 4200 plus Rs. 67000
(maximum of PB 4).

An employee who is holding a post on ad hoc basis is deemed to have

vacated that post. On reversion from deputation/foreign Service, his
pay will be fixed with reference to his pay in the substantive post.
However, he will not get less pay than that he was getting in the ad hoc
post before proceeding on such deputation/foreign service. No
stepping up of pay will be allowed if his juniors are drawing more pay
than him.

He will continue to earn increments in the pay of the substantive post

during the period of deputation/foreign Service.
He may opt for the pay of the post in the parent cadre+ the deputation
allowance or the pay of the ex-cadre post.
He may, however, change his option in case pay-scale of the parent
cadre post or the ex-cadre post is revised.
On his reversion to the parent cadre, his pay in the ex-cadre post is not
protected.
In case the Grade pay of the ex-cadre post is upto Rs 10000, the Basic
Pay should not at any time during the deputation be more than the
maximum of the pay band PB-4+plus the grade pay of the deputation
post. Thus an employee holding a deputation post in the Grade Pay
266
 Rs. 10,000 cannot draw more than Rs.67000 +Rs 10,000= Rs 77000.
For a post in the Grade Pay of Rs 87,00, the upper limit would be Rs
67000+Rs 8700=Rs 75700. In case the ex-cadre post is in the HAG or
HAG+ pay scale, the Basic Pay can never exceed Rs. 79000 or
Rs.80000 respectively.
When pay structure and/ or DA pattern of the parent cadre post and
the deputation post are not similar, the fixation is done as under:

An increment is added to the substantive pay of the employee in

the parent cadre post. If he was drawing pay at the maximum of the
scale, an amount equal to his last increment would be added.
DA/Additional DA/Interim Relief drawn in the parent cadre post will
be added to (a).
Basic Pay on deputation would be found by reducing the
DA/ADA/interim relief etc admissible in the deputation from (b).
The pay in the appropriate Pay Band may therefore be fixed after
deducting the Grade Pay of the deputation post from (c).

In cases of appointments to a second or subsequent ex-cadre post(s)

in a higher pay scale than that of the previous ex-cadre post, the pay
may be fixed with reference to the pay drawn in the cadre post. If the
pay so fixed is less than the pay drawn in the previous ex-cadre post,
the difference may be allowed as personal pay to be absorbed in
future increases in pay. This is subject to the condition that on both the
occasions the employee should have opted to draw pay in the scales
of pay/Grade Pay attached to the ex-cadre posts.

29.3 Increment:

(a)Under the CCS (Revised Pay Rules), 2008, as per Rule 10, an increment
is granted on completion of six months in that scale as on 1 st July of that
year.
(b) An employee joining a post after 1st of January will get increment in that
pay scale on the 1st of July of the next year, as he has not completed six
months in that scale as on the 1st of July of that year.
Leave other than EOL without medical certificate counts for increment.
Period spent on deputation/foreign service counts for increment in the
substantive post.
An employee joining his post after 1st of July, after availing of leave other
than leave on EOL without medical certificate, will get the increment on notional
basis from 1st of July, but actual benefit from the date he joins, as the for the
period of leave he is entitled to leave salary and not salary. The leave salary is
equal to the salary he was drawing before proceeding on leave.

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29.4 Special Increments:

Under FR 27, the authority empowered to create that post may, subject to
general or special orders, grant a premature increment to a Government
servant.

This power is invoked for specified purposes like in the case of family
planning allowance, personal pay for achieving excellence in sports, advance
increments to stenographers for acquiring higher speed etc. No benefit of
premature increments under FR 27 may be allowed, unless it is permitted by
any general or special orders of the nodal Ministry.

***

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