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, 2016. (2)
They
shall be deemed to have come into force on the 1st January, 2016. (1)
Save
as otherwise provided by or under these rules, they 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:- (i)
persons
not in whole-time employment; (ii)
persons
paid out of contingencies; (iii)
persons
paid otherwise than on a monthly basis, including those paid only on a
piece-rate basis; (iv)
persons
appointed on work charged establishment or on daily rate basis or persons
employed casually except where in case of such persons, the Government by order
published in the Official Gazette, provides otherwise; (v)
persons
employed on contract except where the contract provides otherwise; (vi)
persons
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; (vii)
persons
employed on consolidated pay system or fixed pay system; (viii)
any
other class or category of persons whom the Government may, by order,
specifically exclude from the operation of all or any of the provisions of
these rules. In these rules, unless the context otherwise
requires- (i)
"existing
basic pay" means pay drawn in the prescribed existing pay band and grade
pay or pay in the existing scale, but does not include any other type of pay
such as special pay, etc.; (ii)
"existing
Pay Band and Grade Pay" in relation to a Government employee means the Pay
Band and the Grade Pay applicable to the post held by the Government employee
as on the date immediately before the notification of these rules whether in a
substantive capacity or in officiating capacity; (iii)
"existing
scale" in relation to a Government employee means the pay scale applicable
to the post held by the Government employee as on the date immediately before
the notification of these rules in the Higher Administrative Grade, whether in
a substantive or officiating capacity; (iv)
"existing
Pay Structure" in relation to a Government employee means the present
system of Pay band and Grade pay or the Pay Scale applicable to the post held
by the Government employee as on the date immediately before the coming into
force of these rules whether in a substantive or officiating capacity. Explanation.-The expressions "existing
basic pay", "existing Pay Band and Grade Pay" and "existing
scale", in respect of a Government employee, who on the 1st day of
January, 2016 was 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, shall mean such basic pay, pay band and Grade
Pay or scale in relation 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 officiating in
a higher post, as the case may be; (v)
"Government"
means the Government of Gujarat; (vi)
"existing
emolument" mean the sum of (i) existing basic pay and (ii) existing
dearness allowance at index average as on 1st day of January, 2016; (vii)
"Pay
Matrix" means Matrix specified in Part A of the Schedule, with Levels of
pay arranged in vertical cells as assigned to corresponding existing Pay Band
and Grade Pay or scale; (viii)
"Level"
in the Pay Matrix shall mean the Level corresponding to the existing Pay Band
and Grade Pay or scale specified in Part A of the Schedule; (ix)
"pay
in the Level" means pay drawn in the appropriate Cell of the Level as
specified in Part A of the Schedule; (x)
"revised
pay structure" in relation to a post means the Pay Matrix and the Levels
specified therein corresponding to the existing Pay Band and Grade Pay or scale
of the post unless a different revised Level is notified separately for that
post; (xi)
"basic
pay" in the revised pay structure means the pay drawn in the prescribed
Level in the Pay Matrix; (xii)
"revised
emoluments" means the pay in the Level of a Government employee in the
revised pay structure; and (xiii)
"Schedule"
means a schedule appended to these rules. The Level of posts shall be determined in
accordance with the various Levels as assigned to the corresponding existing
Pay Band and Grade Pay or scale as specified in the Pay Matrix. Save as otherwise provided in these rules, a
Government employee shall draw pay in the Level in the revised pay structure
applicable to the post to which he is appointed: Provided that a Government employee may elect
to continue to draw pay in the existing pay structure until the date on which
he earns his next or any subsequent increment in the existing pay structure or
until he vacates his post or ceases to draw pay in the existing pay structure: Provided further that in cases where a
Government employee has been placed in a higher grade pay or scale between 1st
day of January, 2016 and the date of notification of these rules on account of
promotion or upgradation, the Government employee may elect to switch over to
the revised pay structure from the date of such promotion or upgradation, as
the case may be. Explanation 1.-The option to retain the
existing pay structure under the provisos to this rule shall be admissible only
in respect of one existing Pay Band and Grade Pay or scale. Explanation 2.-The aforesaid option shall not
be admissible to any person appointed to a post for the first time in
Government service or by transfer from another post on or after the 1st day of
January, 2016, and he shall be allowed pay only in the revised pay structure. Explanation 3.-Where a Government employee
exercises the option under the provisos to this rule to retain the existing pay
structure of a post held by him in an officiating capacity on a regular basis for
the purpose of regulation of pay in that pay structure under Rules 11 and 13 of
Gujarat Civil Services (Pay) Rules, 2002, or under any other rule or order
applicable to that post, his substantive pay shall be substantive pay which he
would have drawn had he retained the existing pay structure 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 provisos to rule 5 shall be exercised in writing in the
Annexure-I appended to these rules so as to reach the authority mentioned in
sub-rule (2) within three months of the date of notification of these rules or
where any revision in the existing pay structure is made by any order
subsequent to the date of notification of these rules, within three months of
the date of such order: Provided that in the case of a Government
employee who is, on the date of such notification or, as the case may be, date
of such order, out of India on leave or deputation or 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: Provided further that where a Government
employee is under suspension on the 1st day of January, 2016, the option may be
exercised 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 referred to in sub-rule (1) shall be communicated by the Government
employee to:- (i)
the
Pay and Accounts Officer, Gandhinagar or Ahmedabad, as the case may be, if such
Government Employee is a Head of Department; (ii)
the
Head of Department if such Government employee is a Gazetted officer other than
a Head of Department; (iii)
the
Head of Department or the Head of Office under which the Government employee is
posted, if such Government employee is a non-Gazetted officer. (3)
If
the intimation regarding option is not received by the authority within the
time limit specified in sub-rule (1), the Government employee shall be deemed
to have elected to be governed by the revised pay structure with effect from
the 1st day of January, 2016. (4)
The
option once exercised shall be final. Note 1.-Persons whose services were
terminated on or after 1st January, 2016 and who could not exercise the option
within the prescribed time limit, on account of discharge on the expiry of the
sanctioned posts, resignation, dismissal or discharge on disciplinary grounds,
shall be entitled to exercise option under sub rule (1). Note 2.-Persons who have died on or after 1st
day of January, 2016 and could not exercise the option within the prescribed
time-limit are deemed to have opted for the revised pay structure on and from
the 1st day of January, 2016 or such later date as is most beneficial to their
dependents, if the revised pay structure is more favourable and in such cases,
necessary action for payment of arrears shall be taken by the Head of Office. Note 3.-Persons who were on earned leave or
any other leave on 1st day of January, 2016 which entitled them to leave salary
shall be entitled to exercise option under sub rule (1). (1)
The
pay of a Government employee who elects, or is deemed to have elected under
rule 6 to be governed by the revised pay structure on and from the 1st day of
January, 2016, shall, unless in any case the Government by special order
otherwise directs, 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 such lien
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- (i)
the
pay in the applicable Level in the Pay Matrix shall be the pay obtained by
multiplying the existing basic pay by a factor of 2.57, rounded off to the
nearest rupee and the figure so arrived at will be located in that Level in the
Pay Matrix and if such an identical figure corresponds to any Cell in the
applicable Level of the Pay Matrix, the same shall be the pay, and if no such
Cell is available in the applicable Level, the pay shall be fixed at the
immediate next higher Cell in that applicable Level of the Pay Matrix. (ii)
if
the minimum pay or the first Cell in the applicable Level is more than the
amount arrived at as per sub-clause (i) above, the pay shall be fixed at
minimum pay or the first Cell of that applicable Level. (B)
In
case of medical officers in respect of whom Non-Practicing Allowance (NPA) is
admissible, the pay in the revised pay structure shall be fixed in the
following manner. (i)
the
existing basic pay shall be multiplied by a factor of 2.57 and the figure so
arrived at shall be added to by an amount equivalent to Dearness Allowance on
the pre-revised Non-Practicing Allowance admissible as on 1st day of January,
2016 The figure so arrived at will be located in that Level in the Pay Matrix
and if such an identical figure corresponds to any Cell in the applicable Level
of the Pay Matrix, the same shall be the pay and if no such Cell is available
in the applicable Level, the pay shall be fixed at the immediate next higher
Cell in that applicable Level of the Pay Matrix. (ii)
The
pay so fixed under sub-clause (i) shall be added by the pre-revised Non
Practicing Allowance admissible on the existing basic pay until further
decision on the revised rates of Non Practicing Allowance. (2)
A
Government employee who is on leave on the 1st day of January, 2016 and is
entitled to leave salary shall be entitled to pay in the revised pay structure
from 1st day of January, 2016 or the date of option for the revised pay
structure. (3)
A
government employee, who is on study leave on the 1st day of January, 2016
shall be entitled to the pay in the revised pay structure from 1st day of
January, 2016 or the date of option. (4)
A
Government employee under suspension shall continue to draw subsistence
allowance based on existing pay structure and his pay in the revised pay
structure shall be subject to the final order on the pending disciplinary
proceedings. (5)
Where
the existing emoluments exceed the revised emoluments in the case of any
Government employee, the difference shall be allowed as personal pay to be
absorbed in future increases in pay. (6)
Where
in the fixation of pay under sub-rule (1), the pay of a Government employee,
who in the existing pay structure, was drawing immediately before the 1st day
of January, 2016 more pay than another Government employee junior to him in the
same cadre, gets fixed in the revised pay structure in a Cell lower than that
of such junior, his pay shall be stepped up to the same Cell in the revised pay
structure as that of the junior. (7)
Where
a Government employee is in receipt of personal pay immediately before the date
of notification of these rules, which together with his existing emoluments
exceed the revised emoluments, then the difference representing such excess
shall be allowed to such Government employee as personal pay to be absorbed in
future increase in pay. (8)
(i)
In cases where a senior Government employee promoted to a higher post before
the 1st day of January, 2016 draws less pay in the revised pay structure than
his junior who is promoted to the higher post on or after the 1st day of
January, 2016, the pay of senior Government employee in the revised pay
structure shall be stepped up to an amount equal to the pay as fixed for his
junior in that higher post and such stepping up shall be done with effect from
the date of promotion of the junior Government employee subject to the
fulfillment of the following conditions, namely:- (a)
both
the junior and the senior Government employees belong to the same cadre and the
posts in which they have been promoted are identical in the same cadre; (b)
the
existing pay structure and the revised pay structure of the lower and higher
posts in which they are entitled to draw pay are identical; (c)
the
senior Government employees at the time of promotion are drawing equal or more
pay than the junior; (d)
the
anomaly is directly as a result of the application of the provisions of Rules
11 and 13 of the Gujarat Civil Services (Pay) Rule, 2002 or any other rule or
order regulating pay fixation on such promotion in the revised pay structure: Provided that if the junior officer was
drawing more pay in the existing pay structure than the senior by virtue of any
advance increments granted to him, the provisions of this sub-rule shall not be
invoked to step up the pay of the senior employee. (ii) The order relating to re-fixation of the
pay of the senior officer in accordance with the clause (i) shall be issued
under Rule 11 and Rule 13 of the Gujarat Civil Services (Pay) Rules, 2002 and
the senior officer shall be entitled to the next increment on completion of his
required qualifying service with effect from the date of re-fixation of pay. (9)
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 same stage as the substantive pay. The pay of employees appointed by direct
recruitment on or after 1st day of January, 2016 shall be fixed at the minimum
pay or the first Cell in the Level, applicable to the post to which such
employees are appointed: Provided that where the existing pay of such
employee appointed on or after 1st day of January, 2016 and before the date of
notification of these rules, has already been fixed in the existing pay
structure and if his existing emoluments happen to exceed the minimum pay or
the first Cell in the Level, as applicable to the post to which he is appointed
on or after 1st day of January, 2016, such difference shall be paid as personal
pay to be absorbed in future increments in pay. The increment shall be as specified in the
vertical Cells of the applicable Level in the Pay Matrix. (1)
There
shall be two dates for grant of increment namely, 1st January and 1st July of
every year, instead of existing date of 1st July: Provided that an employee shall be entitled
to only one annual increment either on 1st January or 1st July depending on the
date of his appointment, promotion or grant of financial upgradation under
Higher Pay Scale Scheme. (2)
The
increment in respect of an employee appointed or promoted or granted financial
upgradation under Higher Pay Scale Scheme during the period between the 2nd day
of January and 1st day of July (both inclusive) shall be granted on 1st day of
January and the increment in respect of an employee appointed or promoted or
granted financial upgradation under Higher Pay Scale Scheme during the period
between the 2nd day of July and 1st day of January (both inclusive) shall be
granted on 1st day of July. Provided that in the case of employees whose
pay in the revised pay structure has been fixed as on 1st day of January, the
next increment in the Level in which the pay was so fixed as on 1st day of
January, 2016 shall accrue on 1st day of July, 2016: Provided further that the next increment
after drawal of increment on 1st day of July, 2016 shall accrue on 1st day of
July, 2017. Where a Government employee who continues to
draw his pay in the existing pay structure is brought over to the revised pay
structure from a date later than 1st day of January, 2016, his pay in the
revised pay structure shall be fixed in the manner prescribed in accordance
with clause (A) of sub-rule (1) of rule 7. The fixation of pay in case of promotion from
one Level to another in the revised pay structure shall be made in the
following manner, namely:- (i)
One
increment shall be given in the Level from which the employee is promoted and
he shall be placed at a Cell equal to the figure so arrived at in the Level of
the post to which promoted and if no such Cell is available in the Level to
which promoted, he shall be placed at the next higher Cell in that Level. (ii)
In
the case of Government employees receiving Non Practicing Allowance, their
basic pay plus Non Practicing Allowance shall not exceed the average of basic
pay of the revised scale applicable to the Apex Level and the Level of the
Chief Secretary The arrears shall be paid after the
Government decision in this regard and orders will be issued separately. Explanation.-For the purpose of this rule,
"arrears of pay" in relation to a Government employee, means the
difference between:- (i)
the
aggregate of the pay and dearness allowance to which he is entitled on account
of the revision of his pay under these rules for the relevant period: and (ii)
the
aggregate of the pay and dearness allowance to which he would have been
entitled (whether such pay and dearness allowance had been received or not) for
that period had his pay and allowances not been so revised. The provisions of the Gujarat Civil Services
Rules, 2002; 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; the Gujarat Civil Services (Revision of
Pay) Rules, 1987, the Gujarat Civil Services (Revision of Pay) Rules, 1998; and
the Gujarat Civil Services (Revision of Pay) Rules, 2009 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, the Government, may by order, dispense with or relax
the requirements of that rule to such extent and subject to such conditions as,
the Government 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, 2016
PREAMBLE