In exercise of the powers conferred by the
proviso to article 309 of the Constitution of India, the Governor of Gujarat
hereby makes the following rules, namely :- (1)
These
rules may be called the Gujarat Civil Services (Revision of Pay) Rules, 1998. (2)
They
shall be deemed to have come into force on the 1st January, 1996. (1)
Save
as otherwise provided by or under these rules, these rules shall apply to
persons appointed to civil services and posts in connection with the affairs of
the State of Gujarat. (2)
These
rules shall not apply to persons, - (a)
not
in whole-time employment, (b)
paid
out of contingencies; (c)
paid
otherwise than on a monthly basis including those paid only on a piece rate
basis; (d)
appointed
on work charged establishment or on daily rate basis or employed casually
except where in case of such person, the Government by order published in the
Official Gazette provides otherwise; (e)
employed
on contract except where the contract provides otherwise; (f)
re-employed
in Government service who are in receipt of superannuation or retiring pension
irrespective of whether such pension is paid from the Consolidated Fund of the
State or not; (g)
employed
on Consolidated pay system; (h)
of
any other class or category whom the Government may, by order, specifically
exclude from the operation of all or any of the provisions contained in these
rules. In these rules, unless the context otherwise
requires - (1)
"basic
pay" means pay as defined in paragraph (i) of sub-clause (a) of clause
(39) of rule 9 of the Bombay Civil Services Rules, 1959 and including
stagnation increment(s). (2)
"existing
scale" in relation to a Government servant means the present scale
applicable to the post held by the Government servant or in case of a
Government Servant drawing scale according to the Higher Pay Scale Scheme (or,
as the case may be, personal scale applicable to him) as on the 1st January,
1996 whether in a substantive or officiating capacity. Note :- The Higher Pay Scale Scheme is
subject to review on the line of Government of India's order as and when
issued. Explanation :- In the case of a Government
servant, who was on the 1st January, 1996, on deputation out of India or on
leave or on foreign service, or who would have on that date officiated in one
or more lower posts but for his officiating in a higher post, "existing
scale" includes the scale applicable to the post which he would have held
but for his being on deputation out of India or on leave or on foreign service
or, as the case may be, but for his officiating in a higher post; (3)
"Government"
means the Government of Gujarat (4)
"present
scale of pay" in relation to any post specified in column (2) of the
Schedule 'C means the scale of pay, whether fixed or otherwise, specified
against that post in column (3) thereof and as specified in detail in Schedule
'A'. (5)
"revised
emoluments" means the basic pay of a Government servant in the revised
scale of pay and includes the revised non-practicing allowance, if any,
admissible to him, in addition to the pay in the revised scale. (6)
"revised
scale of pay" in relation to any post specified in column (2) of the
Schedule 'C means the scale of pay, whether fixed or otherwise, specified
against that post in column(4) thereof and as specified in detail in Schedule
'B'. Note-1 :-The pay scale of Rs. 8000-275-14050,
8500-275-14000, 12000-375-16500, 14300-400-18300, 16000-450-20050 and 18300
(Fixed) in Part-I of Schedule-B are provisional scales and are subject to the
recommendation of the Pay Anomaly Removal Committee which shall be set up by
the Government and the decision of the Government thereon. Note-2:-The pay-scales of Rs. 5655-175-9155,
Rs. 8000-275-13500, Rs. 10000-325-15200, Rs. 12000-375-18000, Rs.
14300-450-21050, Rs. 20475-500 and Rs. 22400-525-24500 in Part-II of Schedule-B
are the State Government scales as well as Government of India/University Grant
Commission/All India Council for Technical Education/Indian Council of
Agricultural Research scales. These scales are to be finalised by the State
Government on the recommendations of University Grant Commission/All India
Council Technical Education/Indian Council of Agricultural Research as and when
accepted by the Government of India. The employees who are covered by these
scales are granted the provisional scales. Provided that the employees whose pay scales
covered under the categories of Note-1 and Note-2 shall have to give the
undertaking in Form-II appended to these rules. (7)
"Schedule"
means a Schedule appended to these rules. The scale of pay of every post specified in
column (2) of the Schedule 'C shall be as specified against it in column (4)
thereof. Save as otherwise provided in these rules, a
Government servant shall draw pay in the revised scale applicable to the post
to which he is appointed; Provided that a Government servant may elect
to continue to draw pay in the existing scale until the date on which he earns
his next or any subsequent increment in the existing scale or until he vacates
his post or ceases to draw pay in that scale. Explanation I :- The option to retain the
existing scale under the proviso to this rule shall be admissible only in
respect of one existing scale. Explanation II :- The option under the
proviso to this rule shall not be admissible to any person appointed to a post
on or after the 1st January, 1996, whether for the first time in Government
service, or by transfer or promotion from another post and such person shall be
allowed to draw pay only in the revised scale. Explanation III :- Where a Government servant
exercises the option under the proviso to this rule to retain the existing
scale in respect of a post held by him in an officiating capacity on a regular
basis for the purpose of regulation of pay in that scale under rule 41 of
Bombay Civil Services Rules, 1959, or any other rule or order applicable to
that post, his substantive pay shall be the substantive pay which he would have
drawn had he retained the existing scale in respect of the permanent post on
which he holds a lien or would have held a lien had his lien not been suspended
or the pay of the officiating post which has acquired the character of
substantive pay in accordance with any order for the time being in force,
whichever is higher. (1)
The
option under the proviso to rule 5 shall be exercised in writing in the Form-I
appended to these rules, so as to reach the authority specified in sub rule (2)
within three months of the date of publication of these rules in the Official
Gazette or where an existing scale of pay has been revised by any amendment made
in these rules within three months of the date of publication of such amendment
in the Official Gazette: Provided that - (a)
in
the case of a Government servant who is, on the date of publication of these
rules in the Official Gazette, or as the case may be, on the date of
publication of the amendment made in these rules in the Official Gazette, out
of India on leave or deputation or in foreign service or active service, the
said option shall be exercised in writing so as to reach the said authority
within three months of the date of his taking charge of his post in India; and (b)
where
a Government servant is under suspension on-the 1st January, 1996, the option
may be exercised, by such servants within three months of the date of his
return to his duty if that date is later than the date prescribed in this
sub-rule. (2)
The
option exercised under sub rule (1) shall be communicated by the Government
servant - (a)
to
the Pay and Accounts Officer, Gandhinagaror, as the case may be, Ahmedabad if
such Government servant is a Head of Department; (b)
to
the Head of Department if such Government servant is a gazetted officer other
than Head of Department; (c)
to
the Head of Department or the Head of Office under which the Government servant
is posted, if such Government servant is a non-gazetted officer. (3)
If
the intimation regarding option is not received by the authority within the
time prescribed in sub-rule (1), the Government servant shall be deemed to have
elected to be governed by the revised scale of pay with effect on and from the
1st January, 1996. (4)
The
option once exercised shall be final. (5)
Person
whose services were terminated on or after the 1st January, 1996 and who could
not exercise the option within the prescribed time limit, on account of death,
discharge on the expiry of the sanctioned posts, resignation, dismissal,
removal or discharge from service on disciplinary grounds, are entitled to the
benefits of this rule. (6)
Person
who died on or after the 1st January, 1996 and could not exercise the option
within the prescribed time limit shall be deemed to have opted for the revised
scales on and from the 1st January, 1996 or such later date as is most
beneficial to their dependants, if the revised scales are more favourable and
in such cases, necessary action for payment of arrears shall be taken by the
Head of Office. (1)
The
initial pay of Government servant who elects, or is deemed to have elected
under sub-rule (3) of rule 6 to be governed by the revised scale on and from
the 1st January, 1996, shall, unless in any case the Government by special
order directs otherwise, be fixed separately in respect of his substantive pay
in the permanent post on which he holds a lien or would have held a lien if it
had not been suspended, and in respect of his pay in the officiating post held
by him, in the following manner, namely:- (A)
In
the case of all employees - (a)
an
amount representing 40 per cent, of the basic pay in the existing scale shall
be added to the 'existing emoluments' of the employee; (b)
after
the existing emoluments so increased, the pay shall be fixed in the revised
scale at the stage next above the amount so computed. Provided that - (i)
if
the minimum of the revised scale is more than the amount so arrived at, the pay
shall be fixed at the minimum of the revised scale; (ii)
if
the amount so arrived at is more than the maximum of the revised scale, the pay
shall be fixed at the maximum of that scale. Provided further that - (a)
wherein
the fixation of pay, the pay of Government servant drawing pay at more than
four consecutive stages in an existing scale gets bunched, that is to say, gets
fixed in the revised scale at the same stage, the pay in the revised scale of
such of these Government servants who are drawing pay beyond the first four
consecutive stages in the existing scale shall be stepped up to the stage where
such bunching occurs, as under, by the grant of increment(s) in the revised
scale in the following manner, namely:- (i)
for
Government servants drawing pay from the fifth stage upto the eighth stage in
the existing scale - by one increment. (ii)
for
Government servant drawing, pay from the ninth stage upto the twelfth stage in
the existing scale, if there is bunching beyond the eighth stage in - by two
increments. (iii)
for
Government servants drawing pay from the thirteenth stage upto the sixteenth
stage in the existing scale, if there is bunching beyond the twelfth stage - by
three increments, (b)
Where
by stepping up of the pay as above, the pay of a Government servant gets fixed
at a stage in the revised scale which is higher than the stage in the revised
scale at which the pay of a Government servant who was drawing pay at the next
higher stage or stages in the same existing scale is fixed, the pay of the
latter shall also be stepped up only to the extent by which it falls short of
that of the former. Provided also that the fixation thus so made
shall ensure that every employee shall get at lest one increment in the revised
scale of pay for every three increments [inclusive of stagnation increment(s),
if any] in the existing scale of pay. Explanation :- For the purpose of this
clause, "existing emoluments" shall include - (a)
the
basic pay in the existing scale; (b)
clearness
allowance appropriate to the basic pay admissible at index average 1510
(1960=100), and (c)
the
amounts of first and second instalment of interim relief admissible on the
basic pay in the existing scale. (B)
In
the case of a Government servant who is in receipt of non-practising allowance,
the pay in the revised scale shall be fixed in accordance with the provisions
of paragraph (A) above except that in such cases the term "existing
emoluments" shall not include Non-practising allowance and will comprise
only the following :- (a)
the
basic pay in the existing scale; (b)
dearness
allowance appropriate to the basic pay and non-practising allowance admissible
at index average 1510 (1960=100) under the relevant orders; and (c)
the
amounts of first and second instalments of interim relief admissible on the
basic pay in the existing scale and non-practising allowance under the relevant
orders and in such cases, non-practising allowance at the new rates shall be
drawn in addition to the pay so fixed in the revised scale. (2)
(a)
Where the increment of a Government servant falls on 1st January, 1996 he shall
have option to draw the increment in the existing scale or the revised scale. (b) Where a Government servant is on leave on
the 1st January, 1996; he shall become entitled to pay in the revised scale of
pay from the date he joins duty. (c) Where a Government servant is under
suspension, he shall continue to draw subsistence allowance based on existing
scale of pay and his pay in the revised scale of pay shall be subject to final
order on the pending disciplinary proceedings. (d) (i) Where a Government servant is holding
a permanent post and is officiating in a higher post on a regular basis and the
scales applicable to these two posts are merged into one scale, the pay shall
be fixed under this rule with reference to the officiating post only, and the
pay so fixed shall be treated as substantive pay. (ii) The provisions of this clause shall
apply, mutatis mutandis, to Government servants holding in an officiating
capacity, posts on different existing scales which have been replaced by a
single revised scale. (e) Where the existing emoluments as
calculated in accordance with paragraph (A) or, as the case may be, paragraph
(B), exceed the revised emoluments, the difference shall be allowed as personal
pay to be absorbed in future increases in pay. (f) Where in the fixation of pay under
sub-rule (1), the pay of a Government servant, who, in the existing scale was
drawing immediately before the 1st January, 1996 more pay than another
Government servant junior to him in the same cadre, gets fixed in the revised
scale at a stage lower than that of such junior, his pay shall be stepped up to
the same stage in the revised scale as that of the junior. (g) Where a Government servant is in receipt
of personal pay on the 1st January, 1996, which together with his existing
emoluments as calculated in accordance with paragraph (A) or, as the case may
be, paragraph (B), exceeds the revised emoluments, then, the difference
representing such excess shall be allowed to such Government servant as
personal pay to be absorbed in future increases in pay. (h) In cases, where a senior Government
servant promoted to a higher post before the 1st January, 1996 draws less pay
in the revised scale than his junior who is promoted to the higher post on or
after the 1st January, 1996, the pay of the senior Government servant shall be
stepped up to an amount equal to the pay as fixed for his junior in that higher
post. The stepping up shall be done with effect from the date of promotion of the
junior Government servant subject to the fulfillment of the following
conditions, namely :- (i)
both
junior and senior Government servants should belong to the same cadre and the
posts in which they have been promoted should be identical in the same cadre. (ii)
the
pre-revised and the revised scales of pay of the lower and higher posts in
which they are entitled to draw pay should be identical. (iii)
the
senior Government servants at the time of promotion have been drawing equal or
more pay than the junior. (iv)
the
anomaly should be directly as a result of the application of the provisions of
rule 41 of the Bombay Civil Services Rules 1959, or any other rule or order
regulating pay fixation on such promotion in the revised scale. If even in the
lower post, the junior officer was drawing more pay in the pre-revised scale
than the senior by virtue of any advance increments granted to him, provision
of this clause need not be invoked to step up the pay of the senior officer. (v)
the
order relating to refixation of the pay of the senior officer in accordance
with the above provisions shall be issued under the provisions of rule 51 of
the Bombay Civil Services Rules 1959, and the senior officer shall be entitled
to the next increment on completion of his required qualifying service with
effect from the date of refixation of pay. (3) Subject to the provisions of
rule 5, if the pay as fixed in the officiating post under sub-rule (1) is lower
than the pay fixed in the substantive post, the former shall be fixed at the
stage next above the substantive pay. (1)
The
next increment of a Government servant whose pay has been fixed in the revised
scale in accordance with sub-rule (1) of rule 7 shall be granted on the date he
would have drawn his increment, had he continued in the existing scale : Provided that in cases where the pay of a
Government servant is stepped up in terms of second proviso to paragraph (A) of
sub-rule (i) and clause (f) or clause (h) of sub-rule (2) of rule 7, the next
increment shall be granted on the completion of qualifying service of twelve
months from the date of the stepping up of the pay in the revised scale:- Provided further that in cases other than
those covered by the preceding proviso, the next increment of a Government
servant, whose pay is fixed on the 1st January, 1996 at the same stage as the
one fixed for another Government servant junior to him in the same cadre and
drawing pay at a lower stage than his in the existing scale, shall be granted
on the same date as admissible to his junior, if the date of increment of the
junior happens to be earlier: Provided also that in the case of persons who
had been drawing maximum of the existing scale for more than a year as on the
1st January, 1996, next increment in the revised scale shall be allowed on the
1st January, 1996. (2)
In
cases where two existing scales, one being a promotional scale for the other
are merged, and the junior Government servant, now drawing his pay at equal or
lower stage in the lower scale of pay, and happens to draw more pay in the
revised scale than the pay of the senior Government servant in the revised
existing higher scale, the pay of the senior Government servant in the revised
scale shall be stepped up to that of his junior from the same date and he shall
draw next increment after completing the qualifying period from the date of
such stepping up of pay. Where Government servant continues to draw
his pay in the existing scale and is brought over to revised scale from a date
later than 1st day of January, 1996, his pay from the later date in the revised
scale shall be fixed under the Bombay Civil Services Rules, 1959 and for this
purpose, his pay in the existing scale shall have the same meaning as of
existing emoluments as calculated in accordance with paragraph (A) or,
paragraph (B), as the case may be, of sub-rule (1) of rule 7 except that the
basic pay to be taken into account for calculation of those emoluments shall be
the basic pay on the later date aforesaid and where the Government servant is
in receipt of non-practising allowance, his pay shall be fixed after deducting
from those emoluments an amount equal to non-practising allowance, as the case
may be, at the revised rates appropriate to the emoluments so calculated. A Government servant who had officiated in a
post prior to the 1st day of January, 1996 but was not holding that post on
that date and who on subsequent appointment to that post draws pay in the
revised scale of pay shall be allowed the benefit of the proviso to rule 41 or,
as the case may be, proviso to rule 41A of the Bombay Civil Services Rules,
1959, to the extent it would have been admissible had he been holding that post
on the 1st January, 1996, and had elected the revised scale of pay on and from
that date. The payment of arrears arising on account of
revision of pay for the period from 1st January, 1996 to 31st December, 1997
shall be regulated as under :- (1)
The
fifty per cent. of total amount of arrears payable shall be credited in General
Providend Fund Accounts of the Government servants concerned in one instalment
after pay verification by concerned audit authority. This amount shall not
allowed to be withdrawn before the 1st April, 2001, under the normal rules of
General Provident Fund Rules. (2)
The
twenty five per cent, of total amount of arrears payable may be paid in cash
without pre-audit before 31st March, 1998. (3)
The
remaining twenty five per cent, of total amount of arrears may be paid in cash
after due pay verification by concerned audit authority. (4)
The
employees who have retired, whose services have been terminated or who have
died during the period from 1st January, 1996 to 31st March, 1998 shall be paid
in cash. (5)
The
employee who desire to credit the entire amount of arrears to his General
Provident Fund account may be permitted to do so. (6)
The
interest payable on the amount of arrears credited to the General Provident
Fund account shall be given with effect from 1st January, 1998 irrespective of
the date of crediting the amount of arrears in the General Providend Fund
Account of the concerned employee. Explanation :- For the purpose of this rule,
- (a)
"arrears
of pay", in relation to a Government servant, means the difference between
- (i)
the
aggregate of the pay and allowances to which he is entitled on account of the
revision of his pay and allowances under these rules, for the relevant period;
and (ii)
the
aggregate of the pay and allowances to which he would have been entitled
(whether such pay and allowances had been received or not) for that period had
his pay and allowances not been so revised. (b)
"relevant
period", means the period commencing on the first January, 1996 and ending
with the 31st December, 1997. The provision of the Bombay Civil Services
Rules, 1959; the Gujarat Civil Services (Revision of Pay) Rules, 1961; the
Gujarat Civil Services (Revision of pay) Rules, 1969; the Gujarat Civil
Services (Revision of pay) Rules, 1975 and the Gujarat Civil Services (Revision
of Pay) Rules, 1987, shall not, save as otherwise provided in these rules,
apply to cases where pay is regulated under these rules, to the extent they are
inconsistent with these rules. Where the Government is satisfied that the
operation of all or any of the provisions of these rules causes undue hardship
in any particular case, it may, by order, dispense with or relax the
requirements of that rule to such extent and subject to such conditions as it
may consider necessary for dealing with the case in a just and equitable
manner. If any question arises relating to the
interpretation of any of the provisions of these rules, it shall be referred to
the Government for decision.GUJARAT
CIVIL SERVICES (REVISION OF PAY) RULES, 1998
PREAMBLE