Under an executive order of the government, the next IB chief Tapan Kumar Deka is not entitled to get the apex pay scale since he is not among the senior-most 11 Indian Police Service (IPS) officers serving at the centre but there is another set of rules, called IPS (Pay) Rules, which, on the contrary, say he is entitled to get the top pay grade by virtue of holding the post of Director, Intelligence Bureau (DIB).

IPS (Pay) Rules were issued as part of a gazette notification in September 2016, while the Appointments Committee of the Cabinet (ACC), in July 2016, cleared an executive order saying only 11 IPS officers serving at the centre and empanelled in the rank of Director General (DG) can get the apex pay scale in order of seniority.

"So we have IPS Pay Rules and an order of the ACC and both are not in conformity. The question here that needs to be dealt with is why there are two sets of rules/order to fix the salary of top IPS officers of the country and which should prevail legally for deciding the pay grade," says an IPS officer who spoke on the condition of anonymity.

Deka is going to take charge on June 30 as the next DIB. 

The 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 the only four-star police officer in the country, at par with the army chief. 

But still, as DIB, Deka will not get the apex pay scale due to the July 2016 ACC order, which the IPS fraternity holds as a devaluation of the post of DIB. 

As per the IPS (Pay) Rules, IPS officers manning around a dozen posts at the centre are eligible to get the apex pay scale and these include the designation of Director, Intelligence Bureau (DIB). These rules do not mention any criterion of seniority in grant of apex pay scale to senior IPS officers.