RBE No. 209/2009: NFG – Non-Functional Up-gradation

No. PC-VI/2009/1/4/R-6/1, dated 27.11.2009

Sub: Non-Functional up-gradation for Officers of Organized Group-A Services in PB-3 and PB-4.

1. A copy each of Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training (DOP&T) OM No.AB.14017/64/2008-Estt.(RR), dated 24.04.2009 and 25.09.2009 on the above subject are enclosed. These instructions shall apply mutatis-mutandis to Railway Officers of Organized Group ‘A’ Services in PB-3 and PB-4.

2. Further action in terms of Para 1(iii) of DOP&T’s orders dated 24.04.2009 would be taken by Management Services Directorate of Railway Board & necessary further action including consultation with Establishment Officer/ Establishment Division of DOP&T/ implementation/ clarification etc. of these orders for Organized Group ‘A’ Railway Services would be taken by Secretary’s Directorate of Railway Board.

3. This has the sanction of the President and issues with the concurrence of the Finance Directorate of the Ministry of Railways.

4. Hindi version will follow.

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

No. AB.14017/64/2008-Estt.(RR), dated 24th April, 2009

OFFICE MEMORANDUM

Sub: Non-Functional up-gradation for Officers of Organized Group ‘A’ Services in PB-3 and PB-4.

1.     Consequent upon the acceptance of the recommendations of the Sixth Central Pay Commission, the following orders are issued:-

(i)    Whenever an Indian Administrative Services Officer of the State of 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.

(ii)    Grant of higher scale would be governed by the terms and conditions given in Annex-I.

(iii)   Appropriate amendments in the Service Rules may also be carried out.

(iv)   Establishment Division of this Department will issue orders from time to time, in consultation with the Establishment Officer, intimating the batch of the officers belonging to the Indian Administrative service who have been posted at the Centre in the various grades of PB-3 and PB-4 as well as the date of posting of the first officers belonging to the batch.

2.     Grant of higher scale (i.e. pay band and/or grade pay) under these instructions would be w.e.f. 01.01.2006, wherever due and admissible.

3.     Hindi version will follow.

Annex-I

TERMS AND CONDITIONS FOR GRANT OF HIGHER GRADE PAY SCALE ON NON-FUNCTIONAL BASIS TO OFFICERS OF ORGANIZED GR. ‘A’ SERVICES

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. (i) Pay fixation under on grant of non-functional up-gradation under these orders will 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.

(ii) As far as similarly placed officers of organized Gr. ‘A’ Services, who are posted under the central staffing scheme are concerned, they will be granted one additional 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.

8. 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.

9. 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.

10. 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.

11. Illustration: If officers of 1987 batch of IAS empanelled as Joint Secretary in the grade pay of Rs.10000 in PB-4 and an officer of the batch gets posted in the Centre (under Central Staffing Scheme) on 15th January, 2008, all the officers of the 1985 batch of organized Gr. ‘A’ Central Services who have not been promoted to the Joint Secretary or equivalent grade and who are eligible for the same on 01.01.2007 for the panel year 2007-08, would be appointed to the same grade or non-functional basis under these instructions w.e.f. 15.01.2008. Same would be the case in the event of posting of an officer of particular batch as Deputy Secretary/ Director under Central Staffing Scheme.

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

No. AB.14017/64/2008-Estt.(RR), dated 25th September, 2009

OFFICE MEMORANDUM

Sub: Non-Functional up-gradation for Officers of Organized Group ‘A’ Services in PB-3 and PB-4.

1. This Department vide OM dated 24.04.2009 issued instructions regarding non-functional up-gradation for officers of Organized Group ‘A’ Services in PB-3 and PB-4. Subsequently vide OM dated 21.05.2009, details regarding the batch of officers belonging to the IAS and who have been posted at the Centre in various grades of PB-3 and PB-4 w.e.f. 01.01.2006 as well as the date of posting of the first officer belonging to the batch were indicated. In this connection, clarifications have been sought from this Department by some Ministries/ Departments and by individual representations. The same have been considered by this Department in consultation with Department of Expenditure and following clarifications are issued.

Point of doubt

Clarification

1

This office Memo refers to the term 'Batch'. In Central Civil Services and Indian Engineering Services, the definition of a batch is, the year in which the exam is conducted. In some other services, the recruitment is done through interview only. Where recruitment is done through interview only, the Batch is the year in which the Advertisement is issued by the UPSC or the Year of interview for recruitment.

Since different services have different criteria for defining ‘Batch’, the term ‘Batch’ in the OM refers to the year of joining the service.

2

In some services, there is induction of Group 'B' officers into the Organized Group ‘A' service. Whether these officers will be eligible for the benefits under this OM. If so how the criteria of batch will be decided in their case.

Officers inducted into the Organized Group ‘A' service will also be eligible for the benefit of Non functional up-gradation. They shall be assigned the benefit of ‘Batch’ corresponding to the batch of the ‘direct recruit’ officers with whom their seniority is clubbed.

3

In the OM dated 21.05.2009, all officer of Group ‘A’ services belonging to 1984 and earlier batches are clubbed together for providing the non-functional up-gradation to SAG w.e.f. 26.10.2006, the date on which the first officer of 1986 batch of IAS was appointed as JS at the Centre. The cut-off date for granting non-functional up-gradation to SAG to batches senior to the 1984 batch should have been 01.01.2006. Similarly in other grade.

The scheme for non-function up-gradation of officers of Organized Group ‘A’ Services in PB-3 and PB-4 is based on the recommendations or the 6th CPC. These recommendations have been implemented only from 01.01.2006. As such, any up-gradation can be only with reference to the officers of IAS posted to the Centre after 01.01.2006. Therefore, the request for granting non-function up-gradation w.e.f. 01.01.2006 is not permissible.

4

Para 7 of the terms and conditions of Annexure-I provides that pay fixation will be done as per the provisions of CCS (RP) Rules, 2008. Whether the officers can exercise option regarding date of fixation in the higher scale as provided in CCS (RP) Rules.

Provisions of CCS (RP) Rule, 2008 will apply.

5

Whether retired employees are to be granted the benefit of non-functional up-gradation.

Para 6 of our instructions provide that benefits would be from due date. Therefore, even retired officers who are otherwise eligible as on due date would need to be considered.

2. The new HAG scale of Rs.67000-79000 has been introduced in replacement of the pre-revised S-30 scale. It is clarified that consequent upon the carving out of the new HAG scale, non-functional up-gradation under the scheme will be available to particular Grade Pays in PB-3 and PB-4 and also to the HAG scale. SAG officers can be allowed Non-functional up-gradation to the HAG Grade only where there is such a Grade in the Service.

3. Hindi version will follow.

Download Railway Board Circular RBE No.209/2009

Forward reference ⇒ RBE No.

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