No apex pay scale for next IB chief Tapan Kumar Deka, can he still be considered top most police officer of the country?

New Delhi: If the government does not take immediate measures to rectify the situation, the next chief of Intelligence Bureau, Tapan Kumar Deka, who will take charge on June 30, will no longer be the top police officer of the country which was the case in principle and practice since pre-independence days.

The Director of Intelligence Bureau (DIB) traditionally chairs the annual conference of all police chiefs of the country as he is "considered the Head of entire police family in India" and is only four-star police officer in the country, at par with the army chief.

Also read: Parallel rules governing the apex pay scales of IPS officer

But by stroke of pen more than five years back, in 2016, the government decided to grant the apex pay scale "by seniority" to 11 officers who have been empanelled as director general, the top post for Indian Police Service officers, at the centre.

This meant that if the DIB is not among the top 11 IPS officers at the centre at the time of appointment, he or she (in theory as the country is yet to see a woman officer as the DIB) would not be entitled to get apex Pay scale.

And as on date today, Tapan Kumar Deka, a 1988 batch Indian Police Service (IPS) officer of Himachal Pradesh cadre, is not among the 11 senior most officers at the centre, and hence not entitled to get the apex pay scale. Not only Deka but an another officer senior to him,  AS Rajan who belongs to 1987 batch, is yet to get the apex pay scale. Besides, there are four more IPS officers in the IB who are senior to Deka in the 1988 batch itself, but they too are waiting for apex pay scale.

Apex pay scale is the salary granted to top bureaucrats, secretary or director general rank officers belonging to Indian Administration Service, Indian Foreign Service or Indian Police Service etc. Current apex pay scale is fixed at Rs 2.25 lakh per month (fixed) excluding allowances due. The country's top babu, the cabinet secretary and three service chiefs get a higher pay scale at Rs 2.5 lakh per month (fixed).

The order of the Appointments Committee of the Cabinet, issued in July, 2016, also stated that special director rank officers in the Intelligence Bureau will also be governed by the seniority principle which in effect meant that if the special directors were among the top 11 senior IPS officers at that point in time, only then they will be granted the apex scale. But since this is not the case as of now, and therefore none of the special directors in the IB, including Deka, have apex pay scales.

Research has shown current situation is at sharp variance with the time since pre-independence-era.

Before the Independence, the DIB used to draw salary of Rs 3500 per month (fixed) but after India got freedom, the salary was decreased to Rs 2500 per month (fixed) and the DIB was the only police officer in the country to get this apex scale. This position continued till 5th pay commission when apex pay scale was granted to the Chiefs of Border Security Force and Central Reserve Police Force, the two paramilitaries of the country. So there were three IPS officers getting apex scale after the 5th pay commission.

Following the recommendations of the 6th pay commission, apex scale was granted to heads of all central paramilitary forces and Chiefs of state police. These officers used to get the apex pay scale till the time they held the designated post.

The position remained unchanged till 2016 when the government issued order to grant apex pay scale by way of seniority of officers which meant if the officer concerned is among the top 11 IPS officers posted at the centre only then he or she will be eligible to get the apex pay scale.

As of now, current IB chief Arvinda Kumar has got the apex pay scale as he is among top 11 IPS officers at the centre. But he is retiring on June 30. But his apex pay scale will not be given to Deka as he is not among 11 senior most IPS officers at the centre at the moment.

"This amounts to devaluing the post of DIB. IB gathers intelligence and works in close coordination with paramilitaries and the state police as because it has always been seen as a paramount police organisation in the country and the DIB the top police officer in the country. Now with the DIB not having apex pay scale, it is possible that his counterparts in the paramilitary and state police would pull a rank on him by virtue of being granted the apex pay scale," says a senior IPS officer who wished to remain anonymous.

Just recently, on March 1, the government granted apex scale to four officers of 1987 batch - Taj Hassan (DG, Fire Services, Civil Defence & Home Guards), Santosh Mehra ((DG, Investigation, NHRC), Arun Kumar Sinha (Director, SPG) and Sanjay Chander (DG, RPF).

At the moment, there are many other Chiefs of paramilitary forces or other central police organisations who are yet to be granted the apex pay scale. They include chiefs of BSF and ITBP.

But interestingly the case is bit different in the Research & Analysis Wing (R&AW), the external intelligence agency of the country where all special secretary rank officers get apex pay scale.

"Special directors in IB are equivalent to special secretaries in the R&AW. But the special directors are governed by the seniority principle whereas in R&AW, once an officer is promoted to the rank of special secretary, he or she is granted the apex pay scale which similar to the IAS officers where all special secretaries get apex pay scale," said another IPS officer.

"The situation should have been rectified long ago as apex pay scale continues to be granted in a rather adhoc manner and in many cases officers had to approach courts but the situation hasn't improved a bit,” said a retired director general rank officer who wished to remain anonymous as his case for apex pay scale is pending too. He got an order from the Central Administrative Tribunal in his favour but the government still continues to deny him the apex pay scale.

Another curious case is of the post of secretary. security, who is administrative head of Special Protection Group, the force that guards the Prime Minister.

Normally, an Indian Police Service Officer is given charge as the secretary, security. But sometimes Indian Administrative Service Officer too have held the post.

"Now the post of secretary, security too has been added in the list of top 11 IPS at the centre to be given the apex scale. Interestingly, in case if an IAS officer is given charge as secretary, security, he or she gets apex scale but not an IPS officer if he or she is not among top 11 IPS officers at the centre ," said IPS officer who spoke on the condition of anonymity.