Master Circular – Non Functional Upgradation in respect of Organized Group A Services

Master Circular – Non Functional Upgradation in respect of Organized Group A Services

Government of India
Department of Personnel and Training

‘Non-Functional Upgradation’ in respect of Organised Group ‘A’ Services
[As on  06.9.2022]

Note:-This is a compilation of all existing instructions on the subject of Non-functional Upgradation. This is expected to serve as a reference and guide and the user is not required to keep referring to the Office Memoranda (OMs). The reference number and date of the original OMs have been indicated in Appendix.

1. The concept of ‘Non-Functional Upgradation’ [NFU] in respect of Members of Organised Group ‘A’ Services [OGAS] was introduced on the acceptance  of the recommendations of the Sixth Central Pay Commission. Under these instructions, grant of higher .grade pay/pay scale/pay level, wherever due and admissible, is effective from the date of issue of orders of posting of first Indian Administrative Service (IAS) officer of a particular batch, at various levels in the Centre.

[Para 1 and 2 of O.M. No. AB.1401716412008-Estt.(RR) dated 24.4.2009]

2. Whenever an IAS Officer of the State or Joint Cadre is posted at the Centre at various levels, NFU is admissible to officers belonging to batches of Organised Group A Services that are senior by two years or more and have not so far been promoted to that particular grade in their cadre. NFU would be granted in the same grade on non-functional basis from the date of posting of IAS Officers in a particular level at the Centre.

[Para 1 (i) of O.M. No. AB.1401716412008-Estt.(RR) dated 24.4.2009]

3. Appropriate amendments in the Service Rules are required to be carried out. Orders of posting of first officer of a particular batch of IAS at the Centre in that grade/level would be issued from time to time, in consultation with the Office of the Establishment Officer, intimating the batch of the first officer IAS officer of that batch who have been posted at the Centre in different levels as well as the date of posting of such IAS officer.

[Para 1 (iii) and (iv) of O.M. No. AB.1401716412008-Estt.(RR) dated 24.4.2009]

4. Grant of higher pay scale/pay level is governed by the following terms and conditions:-

1. The ‘Non-Functional Upgradation’ (NFUL to be granted under these orders will  be based on empanelment and posting of particular batch of IAS officer in the Centre. Such  upgradation  would  not  be linked  to  the  vacancies  in  the  grade. [Terms   & Conditions (T&C) No.  1 of Annexure- 1 to OM No. AB.1401716412008-Estt.(RR)  dated 24.4.2009]
2. The upgradation granted under these orders will be a purely non-functional in nature, as a measure personal to the officer, and It would not bestow any right to the officer to claim promotion or deputation benefits based on non-functional upgradation in such a manner. [T&C No. 2 of Anx.-1 to OM No. AB.14017/64/2008-Estt.(RR) dated 24.4.2009]
3. All the prescribed eligibility criteria and promotional norms including ‘benchmark’ for upgradation to a particular grade pay would have to be met at the time of screening for grant of higher pay scale/ pay level under these orders. [T&C No. 3 of Anx.- 1 to OM No. AB.1401716412008-Estt. (RR) dated 24.4.2009]
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. [T&C No. 4 of Anx.-1 to OM No. AB. 14017164/2008-Estt.(RR) dated 24.4.2009]
5. All instructions concerning grant of NFU presently applicable in the case of grant of Non-Functional Selection Grade [NFSG] to Members belonging to Organised Group ‘A’ Services would apply in the event of penalty, disciplinary proceedings, suspension etc. [T&C No. 5 of Anx.- 1 to OM No. AB.1401716412008-Estt.(RR) dated 24.4.2009]
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. [T&C No. 6 of Anx.-1 to OM No. AB.1401716412008-Estt.(RR) dated 24.4.2009]
7. On grant of NFU in the next pay scale/pay level, the pay would be fixed as per the provisions of CCS (RP) Rules, 2016, as amended from time to time i.e. the pay would be fixed in the next cell of the higher pay level after granting one increment in the lower pay level. Officers can exercise option to get their pay fixed in the higher pay scale/pay level, as provided in CCS (RP) Rules, 2016, as amended from time to time. [T&C No. 7 (i) of Anx.-1 to OM No. AB.14017/64/2008-Estf. (RR) dated 24.4.2009]
8. For the Members of OGAS, who are posted in the Centre under the Central Staffing Scheme, they will be granted one additional increment on account of grant of NFU by their parent cadre/organisation, but their pay level attached to the post which they are holding in the Centre, under the Central Staffing Scheme, will remain unchanged. In such cases the officers granted NFU may continue to draw COTA, if otherwise admissible. [T&C No. 7 (ii) of Anx.-1 to OM No. AB.1401716412008-Estt.(RR)  dated 24.4.2009]
9. As and when the vacancies in the grade (corresponding to the pay level in which NFU has been granted) arise in the service/cadre to which the Member of OGAS belongs, the officer will be considered for regular promotion as per the normal DPC guidelines, based on the provisions of the Service/ Recruitment Rules. Where required and the rules provide for the same, the UPSC will be consulted for grant of regular promotion. However, at the time of regular promotion, pay in the pay level of the promotional post will not be re-fixed again, for officers who have been granted NFU in the same pay level under these orders. [T&C No. 8 of Anx.-1 to OM No. AB.1401716412008-Estt. (RR) dated 24.4.2009]
10. Officers on deputation I study leave or any other duly sanctioned leave would also be considered and granted higher pay scale/pay level on non-functional basis as per the procedure prescribed. [T&C No. 9 of Anx.-1 to OM No. AB.1401716412008-Estt.(RR) dated  24.4.2009]
11. NFU under these orders to the next higher pay scale/pay level is a fall back option only, to be applied in cases where officers of a particular Service/Cadre are stagnating after completing the minimum eligibility service prescribed in the Rules for promotion, as they have not been granted promotion to a particular grade in normal course by following the due procedure, for want of vacancy etc. [T&C No. 10 of Anx.-1 to OM No. AB.1401716412008-Estt.(RR)  dated 24.4.2009]
12. The term ‘Batch’ used in para ‘2’ above, relates to the year of joining the service. For the purpose of grant of NFU the ‘Batch’ for directly recruited officers of OGAS in the grade in which they have been appointed in the service, shall be the year following the year in which competitive exam was held. In subsequent grades, the ‘Batch’ would remain the same provided the officer is not superseded due to any reason. In case an officer is superseded, the officer would be considered along with the ‘Batch’ of these officers with whom his seniority is fixed. [FAQ No. 7 of 0.M. No. AB.1401714712011- Estt.(RR) dated 1.8.2012]
13. Benefit of NFU is admissible to those who have been directly recruited to the OGAS as well as promotees, who have been inducted in the OGAS. In case of such promotees, who have been inducted in the OGAS, for the purpose of grant of NFU, the ‘Batch’ would be the batch of the directly recruited officers, with whom their seniority is clubbed. [FAQ No. 2 of 0.M. No. AB.1401716412011-Estt.(RR) dated 25.9.2009]
14. As per the terms and conditions prescribed for grant of NFU, all the eligibility criteria and promotional norms including ‘benchmark’ for upgradation to a particular pay scale/ pay level would have to be met at the time of screening for grant of higher pay scale/ level under these orders. [FAQ No. 6 of O.M. No. AB.1401714712011-Estt.(RR) dated 1.8.2012]
15. Benefit of NFU is admissible from the due date of eligibility. Hence, retired officers who were otherwise eligible tor grant of NFU on the due date, would also need to be considered. [FAQ No. 5 of O.M. No. AB.14017 16412011-Estt.(RR) dated 25.9.2009]
16. If an officer is not found eligible for grant of NFU during a vacancy year but is found fit in the next vacancy year, NFU may be granted to the officer from the first day of the next vacancy year i.e. on 1st January. [FAQ No. 14 of O.M. No. AB.1401714712011- Estt.(RR) dated 1.8.2012]
17. If an officer does not meet the eligibility requirement as on 1st January of the corresponding vacancy year then such an officer is to be considered for grant of NFU in subsequent vacancy year on completion of qualifying service i.e.with effect from 1st January of the next year. [FAQ No. 15 of 0.M. No. AB. 14017/4712011-Estt.(RR) dated 1.8.2012]
18. In case where an officer has been awarded a ‘Penalty’ under the rules, the NFU becoming due after the expiry of the penalty period may be granted w .e.f.the due date as per these instructions. In respect of officers for whom NFU becomes due before the expiry of the penalty period, the same may be granted from the next day to the date on which penalty gets over. [FAQ No. 16 of 0.M. No. AB.1401714712011-Estt. (RR) dated 1.8.2012]

Illustration: If an IAS Officer belonging to 2008 Batch has been posted in the Centre at the level of Director in the year 2022, then Members of OGAS who are two batches senior i.e. 2006 and earlier batches of OGAS, who have yet to be promoted to the grade of Director/ Level-13 in their cadre, would be eligible for grant of NFU in Pay Level-13. Similarly, if an IAS Officer belonging to 2013 Batch has been posted in the Centre at the level of Deputy Secretary in the year 2022, then Members of OGAS who are two batches senior i.e. 2011 and earlier batches of OGAS, who have yet to be promoted to the grade of Deputy Secretary/ Level-12 in their cadre, would be eligible for grant of NFU in Pay Level-12. Same principle would apply in case of posting of an IAS officer at the Centre at the level of Joint Secretary or Additional Secretary (wherever such a grade exists in the cadre of an OGAS).

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APPENDIX

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