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Thursday, July 17, 2014

“(Un)Equal Pay for Equal Work” - An IAS (Un)Fundamental Right !!!....must read by all Group A officers..

The Union Public Service Commission (UPSC) conducts the elite Civil Services Examination (CSE) every year to recruit officers for around 18 Group ‘A’ Services and some Group ‘B’ Services.  The CSE is a common examination for recruitment to the following Group ‘A’ Services:
1)      Indian Administrative Service (IAS)
2)      Indian Police Service (IPS)
3)      Indian Foreign Service (IFS)
4)      Indian Revenue Service (Income Tax) – (IRS-IT)
5)      Indian Revenue Service (Customs & Central Excise) – (IRS-C&CE)
6)      Indian Audit & Accounts Service (IAAS)
7)      Indian Railway Traffic Service (IRTS)
8)      Indian Railway Accounts Service (IRAS)
9)      Indian Railway Personnel Service (IRPS)
10)  Indian Defence Estates Service (IDES)
11)  Indian Defence Accounts Service (IDAS)
12)  Indian Ordnance Factories Service (IOFS)
13)  Indian Postal Service (IPoS)
14)  Indian P&T Accounts & Finance Service (IPTAFS)
15)  Indian Civil Accounts Service (ICAS)
16)  Indian Information Service (IIS)
17)  Indian Trade Service (ITS)
18)  Indian Corporate Law Service (ICLS)

All the officers recruited through the Civil Services Examination undergo long training for around two years  in various training organizations and go on to occupy important leadership positions in their respective Departments under the Government of India or under the Government of a State or a Union Territory.  The Civil Services Examination prescribes similar eligibility conditions and similar educational qualifications for recruitment to all the above mentioned Services.  The successful candidates in the CSE are allotted various Services from among the above mentioned list based one’s rank in the merit list and preference for Services expressed by the candidates in their application forms.  All the candidates appearing in the CSE will have to give their preferences for the Services mentioned above in their application form itself.  So a candidate will have the option to choose any one Service over the other in his application form but the allotment is done based on the availability of vacancies in a particular Service and one’s rank in the CSE final merit list.

Remuneration:
            Once recruited through the Civil Services Examination, all the successful candidates are placed in the Junior Time Scale (JTS) grade of pay.  All the candidates will be on probation for 2 years, after which they will be confirmed in Service subject to fulfillment of eligibility criteria.  These officers are promoted at regular intervals subject to fulfillment of the eligibility criteria prescribed by the respective Recruitment Rules of various Services.  The various pay scales of these civil servants as they grow in the ladder of hierarchy are given below:
S.No.
Grade
Pay Scale
Eligibility
(Minimum Qualifying Service)
Equivalent Post in Government of India
1
Junior Time Scale (JTS)
Rs. 15,600 - 39,100 and
Grade pay of Rs. 5,400
--
--
2
Senior Time Scale (STS)
Rs. 15,600 - 39,100 and
Grade pay of Rs. 6,600
4 years
Under Secretary
3
Junior Administrative Grade (JAG)
Rs. 15,600 - 39,100 and
Grade pay of Rs. 7,600
9 years
Deputy Secretary
4
Non-functional Selection Grade in Junior Administrative Grade (NFSG)
Rs. 37,400 - 67,000 and
Grade pay of Rs. 8,700
14 years
Director
5
Senior Administrative Grade (SAG)
Rs. 37,400 - 67,000 and
Grade pay of Rs. 10,000
16-18 years
Joint Secretary
6
Higher Administrative Grade (HAG)
Rs. 67,000 – annual increment @ 3% - 79,000
25 years
Additional Secretary
7
Apex Scale
Rs. 80,000 (fixed)
30 years
Secretary
All these civil servants are given an annual increment of 3% over their basic pay on the 1st of July of every year.  In addition to their basic pay, all these civil servants are given a Dearness Allowance (DA) to mitigate the impact of inflation.  The DA is calculated as a percentage of the basic pay.
(Un)equal Pay for Equal Work:
            Article 14 of the Constitution of India provides for the ‘Fundamental Right to Equality’ to all the citizens of India.  The principle ‘Equal Pay for Equal Work’ is embodied in Article 39(d) of the Constitution of India.  This very basic principle is being violated blatantly when it comes to the salaries paid to the civil servants recruited by the common Civil Services Examination.  The IAS and IFS are accorded an edge over all the other Services by being given two additional increments @ 3% each over their basic pay at three grades i.e. Senior Time Scale (STS), Junior Administrative Grade (JAG) & Non Functional Selection Grade (NFSG) despite all these Services being recruited by the same common examination with similar eligibility conditions and educational qualifications.  The Dearness Allowance (DA), given as percentage of basic salary, will further increase the gap between the IAS/IFS and other Services.  The Transport Allowance and other Allowances are calculated as a percentage of basic salary or basic salary + DA.  So it’s anybody’s guess as to what will be the difference in salaries being paid to an IAS/IFS officer and other officers belonging to other Services like IPS, IRS, etc. as a result of two additional increments being granted to IAS/IFS at three levels.  In absolute terms, these two additional increments at three levels will lead to a difference of around Rs.4,000-5,000 per month in salary between IAS/IFS and other Civil Services after 4 years of service, which increases to Rs.15,000–16,000 per month by 14th year and Rs.18,000-20,000 per month by 17th year of service. Let us analyze the reasons for such a discriminatory arrangement in the pay structure of various Civil Services in India.  
As with every other discriminatory policy/practice being followed or perpetrated in India, this discrimination in pay scales among various Civil Services has its roots in the erstwhile British colonial administration.  The Indian Civil Service (ICS) was an elite cadre of officers comprising of predominantly the British nationals or Europeans that occupied every top administrative post/position during the British era in India.  After India attained independence this ICS was abolished and was replaced by the Indian Administrative Service (IAS).  Initially the IAS used to occupy all important positions in the Government of India and used to head all the Departments including that of the law and order.  As the administration of various Government functions became increasingly specialized, specialist Services were created to man the various specialized Departments and head them. The Indian Revenue Service, various Accounts Services, various Railway Services, etc. were created one by one to take on the specialized functions of the Government.  Between 1947 and 1950, a combined competitive examination was held once a year for recruitment to the IAS, IFS, IPS and non-technical Central Civil Services. The exam consisted of three compulsory papers (General English, Essay & General Knowledge) and three optional subjects (only two optional subjects for IPS).  However, since 1951, two additional optional subjects of the Master’s degree standard were prescribed for the IAS & IFS.  So, since 1951 there used be three categories of Civil Services recruited through the same Civil Services Examination but having different levels of standards as follows:
S.No.
Category
Papers in Civil Services Examination
1
Category I Services
(IAS & IFS)
5 optional subjects &
3 compulsory subjects
2
Category II Services
(IPS & Police Service Class II of Union Territories)
2 optional subjects &
3 compulsory subjects
3
Category III Services
(Central Services Class I and II)
3 optional subjects &
3 compulsory subjects
So, the candidates selected for IAS & IFS are of higher merit than those selected for IPS & and other Central Services as they have to take and clear two additional optional subjects of the Master’s degree standard.  So, the IAS & IFS were given a higher salary than the IPS & other Central Services.  However, the scenario changed post the Kothari Committee recommendations of 1976.  Based on the recommendations of the Kothari Committee, recruitment to IAS, IFS, IPS & other Central Civil Services was being made through a common unified Civil Services Examination to avoid any hierarchy among various Services since 1979.  However, the edge enjoyed by the IAS/IFS over the other Services in respect of salaries is being continued even after 1979 citing one or the other reason.
            The issue of parity between the IAS/IFS and other Group ‘A’ Central Civil Services in terms of pay scales and career progression cropped up quite a number of times before the various committees and commissions appointed by the Government of India.  The IAS-dominated Central Pay Commissions have recommended continuation of this edge enjoyed by the IAS/IFS over the other Services on some pretext or the other.  The argument put forward by the 6th Central Pay Commission is reproduced below:
“3.2.7     The edge of IAS in pay scales is limited to Senior Time Scale, Junior Administrative Grade and Non-Functional Selection Grade. Other All India Services and Central Services have been demanding parity with IAS. This demand was projected before the various Central Pay Commissions constituted earlier but the edge has continued. The Fifth CPC recorded that no persuasive reason existed to do away with this edge. The position has not changed since then. The role of IAS is still very important in the overall scheme of governance. They have an important coordinating, multi-functional and integrating role in the administrative framework with wide experience of working across various levels in diverse areas in Government. They hold important field level posts at the district level and at the cutting edge at the start of their careers with critical decision making and crisis management responsibilities. The leadership function, the strategic, coordinating and integrative role at this level requires the best talent available. The existing position would, therefore, need to be maintained. It will ensure that IAS officers near the beginning of their career are given slightly higher remuneration vis-à-vis other services and act as an incentive for the brightest candidates to enter this service. This is essential as the initial postings of IAS officers are generally to small places, they face frequent transfers and the pulls and pressures they have to stand upto early in their career are much more intense. The slight edge in the initial stages of their career would, to an extent, neutralize these problems.  The Commission, accordingly, is of view that the existing edge for IAS in the three grades viz. Senior Time Scale, Junior Administrative Grade and Non-Functional Selection Grade needs to be retained.”
The various arguments put forward by the votaries for an edge for IAS/IFS over other Civil Services in respect of pay scales can be broadly summarized as follows:
1. IAS officers are the best talent available among the candidates selected through the Civil Services Examination.
2. IAS officers are initially posted to small places, face frequent transfers and are subject to intense pulls and pressures.
Let us now analyze whether these arguments pass the test of scrutiny.  It is often misunderstood that IAS is the first choice of every candidate appearing in the Civil Services Examination and that all those who are allotted IAS are the toppers in the Exam.  The Service Allocation Lists for the Civil Services Examinations-2005 to 2012 are available on the website of the Department of Personnel and Training. Analysis of the same revealed startling myth busting facts. The results of this analysis are summarized below:

S.No.
Civil Services Exam Year
Rank of last candidate who was allotted IAS
Number of Candidates in the Merit List above the last IAS who opted or were allotted other Services
1
2005
417
327
2
2006
471
379
3
2007
628
517
4
2008
728
605
5
2009
866
733
6
2010
915
729
7
2011
802
602
8
2012
846
666
Since the above analysis includes all the candidates including those covered by constitutionally mandated protective discrimination (SCs, STs, OBCs & PH candidates), an analysis of the Services allotted under the General Category was done. The results are as follows:

S.No.
Civil Services Exam Year
Rank of last candidate who was allotted IAS under General Category
Number of Candidates in the Merit List above the last IAS under General Category who opted & were allotted other Services
1
2005
56
6
2
2006
50
2
3
2007
78
8
4
2008
81
8
5
2009
70
3
6
2010
83
4
7
2011
97
4
8
2012
110
9
The above two tables clearly indicate that around 70-80% of the total selected candidates in the Civil Services Examination in any year are allotted a Service other than IAS even though they were ahead in the merit list than the last candidate who was allotted IAS.  Therefore, it is clearly evident that all those candidates who are allotted IAS in the Civil Services Examination merit list are neither the toppers of that year’s exam nor the brightest of the candidates selected in that year. In fact, the recommendations of the Kothari Committee for a unified combined examination was implemented from the 1979 Civil Services Examination with a view to avoid any hierarchy among the different Services.  So, the contention that IAS officers are the best talent available among the candidates selected through the Civil Services Examination is a myth perpetrated by the IAS lobby to gain an unfair advantage over the other sister Civil Services in the country.
            After the foundation and departmental trainings which may extend to a period of around 2 years, all the candidates selected through the Civil Services Examination are posted in their respective departments.  The All-India Services (IAS & IPS) officers are allotted to a particular state cadre and are posted in that state/cadre.  The Central Civil Services officers are posted in their respective central government departments.  The 6th Central Pay Commission justified a higher pay for IAS by citing their initial postings to small places, frequent transfers and intense pulls and pressures.  This justification in itself is highly self contradictory.  Initial postings of IPS and Indian Forest Service (IFS) officers are also to small places.  The pulls and pressures on IPS officers are much more than on the IAS officers.  The frequent transfers are seen more in the case of IPS than in the IAS.  IPS officers are at the forefront of combating terrorism and naxalism, which are the biggest security threats the country is facing.  IPS officers are working overtime to ensure that public order is maintained across the country.  The majority of the Central Civil Services officers belonging to Services like IRS(IT), IRS(C&CE), IDAS, IDES, IRTS and the Indian Forest Service officers are posted in the moffussil towns during their initial years of service. Some of them are posted in the remotest areas of the country like Jammu & Kashmir, North-East, Andaman & Nicobar Islands, Lakshadweep, border areas, etc.  Most often than not these Central Service officers work in highly inaccessible areas with deplorable and inhuman conditions, which is never the case with the IAS.  An IAS officer is provided with all the facilities like a bungalow, car, maids, abundant office staff, security and subsidized power & water even in a very remote place.  The living conditions of the Central Services officers are pathetic even in metros and at fairly senior positions.  The less said the better about the living and working conditions of a newly recruited Central Civil Services officer posted in small places.  The IRS officers posted in the Investigation Directorate face the harshest of the working conditions with significant pulls and pressures without any personal security.  The Customs officers posted in border towns and coastal areas are always on their toes and also face immense pulls and pressures and are provided least or no personal security.  The work pressure on the IRTS officers is comparable only to army officers’ field postings.  It’s a 24x7 job like that of the IPS and IRS officers (in Investigation Directorate).  So, the crux of the matter is that every Service has its pulls and pressures and most of the Civil Services officers are posted in small places in their initial years of service.  If at all a higher pay is to be given on the basis of postings to small places, frequent transfers, pulls and pressures, then IAS will definitely be disqualified and many other Civil Services will have a better right. 
If a higher pay is to be given based on postings to smaller places, frequent transfers and pulls & pressures, can anybody justify as to how an Indian Foreign Service (IFS) officer is qualified. IFS officers are posted in Indian Embassies abroad during their initial years.  They are provided with best of the accommodations, facilities for children education, foreign allowance, etc.  The pulls and pressures to which most of the IFS officers are subjected to are almost negligible and unheard of in most cases.  They are never subjected to frequent transfers.  They are never posted to smaller places.  Then why are the IFS officers being given a salary edge along with IAS?  So, the justification given by the 6th Central Pay Commission for a higher salary to IAS & IFS over the other Civil Services is unfair, prejudiced, self contradictory and totally discriminatory.  This is a good example of a self perpetuating bureaucracy. This edge for IAS & IFS violates the principle of equity and equability.
What is the real cause of this disparity being perpetuated between the various sister Civil Services?  The Central pay Commissions are traditionally dominated by IAS officers. Non-IAS officers have never been made Members of the Central Pay Commissions. Even if appointed as Members, the non-IAS officers will be outnumbered by the IAS officers.  The recommendations of the Pay Commissions are drafted by the IAS officers who generally occupied posts like Secretary, Additional Secretary/Joint Secretary in the various Pay Commissions.  Once a Pay Commission submits its recommendations, the recommendations are studied by the Cabinet Secretariat (headed by an IAS officer), Department of Personnel and Training (headed by an IAS officer) and finally approved by the Department of Expenditure (headed by an IAS officer). The Union Cabinet gives the final approval based on the recommendations of these IAS officer headed bodies.  Hidden in the reports of every Central Pay Commission are the machinations of the IAS lobby to not only grant themselves the highest remuneration but also establish themselves as a Service superior to and above all other Civil Services and Armed Forces.  There has been a trend to establish the superiority of IAS among all other Civil Services from the First Central Pay Commission to the Fifth Central Pay Commission. The Sixth Central Pay Commission had institutionalized this trend.  Over the years Central Pay Commissions have turned into acrimonious and divisive affairs between the IAS on one side and non-IAS Civil Services and Armed Forces on the other side.  Central Pay Commissions have only formalized the discrimination against non-IAS Civil Services and Armed Forces and perpetuated a colonial practice that favours IAS.
Conclusion:
            Dr. B. R. Ambedkar, in a speech to the Constituent Assembly on 10th October, 1948, had said ‘’India’s Constitution provides that there shall be an All India Service recruited on an all-India basis with common qualifications, with uniform scale of pay and the members of which alone could be appointed to these strategic posts throughout the Union”. The reports of the Central Pay Commissions have become Bible/Koran/Gita, giving sanctity and rationale to the inequities and injustices of the bureaucratic caste system, which is as damaging as the original caste system to the wellbeing of modern India. Every Service in the country has been created with a purpose and every Service has its role to play.  Some Services look after the statutory functions, some have regulatory functions and the others have commercial functions.  All these functions are undertaken by the various Services on behalf of the various Governments and for the benefit of the people of this country.  All the 60 odd Services functioning in this country are suffixed with the word ‘Service’ and are created to provide service to the people of this country and draw their salaries from the taxes paid by the taxpayers.  Non-IAS officers are de-motivated because of this hegemony of the IAS lobby, which is leading to their low morale and consequent low performance.  No Service is superior or inferior to the other in the administrative set up of this country. No reasoning can justify an edge in pay or conditions to a particular Service over the others.  Higher pay can be given only based on the working conditions but not based on the Service to which an officer belongs.  Officers posted in harsh and tough conditions like in J&K, Leh/Ladakh, North-East, border areas, islands like Andaman & Nicobar, Lakshadweep, etc. or officers placed in difficult and tough postings like anti-terrorist organizations, anti-naxal organizations, investigation, tough intelligence gathering, etc or officers posted in places/offices where there is serious threat to life and limb should be given an additional pay calculated as percentage of basic salary irrespective of the Service to which he/she belongs. By ensuring the superiority of one Service at the cost of all other Services, we only ensure bad governance.  Besides, this disparity amounts to violation of the basic Fundamental Right to Equality embodied in Article 14 and the principle ‘Equal Pay for Equal Work’ guaranteed by Article 39(d) of the Constitution of India.  The fight for parity by the non-IAS officers has less to do with salary but for pride and dignity as they joined service along with IAS officers clearing the same examination and work in equally sensitive and responsible positions. One can only hope that the 7th Central Pay Commission takes the lead and removes this British era inequality for better and motivated Civil Services. A motivated civil servant is the best instrument to achieve the results desired by the state and the society. Discontentment and lack of motivation will increase bureaucratic apathy and corruption and may trigger a flight of talent to the private sector.  Nobody knows this better than our new but highly experienced and pro-reform Prime Minister.
The writer is an Indian Revenue Service (IRS) officer currently posted as Deputy Director of Income Tax (Investigation) at Hyderabad. The views expressed here are those of the writer and not that of the Government. The writer can be reached at prasantpsirs1@gmail.com.....Keep on blogging...
 
Source:-  http://satyaprasantp.blogspot.in

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