Haryana Civil Service (Judicial Branch) And The Haryana Superior Judicial Service Revised Pay Rules, 2023

[12th May 2023]

In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, the Governor of Haryana hereby makes the following rules regulating the grant of revised pay to the persons appointed to the Haryana Civil Service (Judicial Branch) and the Haryana Superior Judicial Service, namely :-

Rule - 1. Short title and Commencement

(1)     These rules may be called the Haryana Civil Service (Judicial Branch) and the Haryana Superior Judicial Service Revised Pay Rules, 2023.

(2)     They shall be deemed to have come into force on the 1st day of January, 2016.

Rule - 2. Application of rules

(1)     Save as otherwise provided by or under these rules, these rules shall apply to members of Haryana Civil Service (Judicial Branch) and the Haryana Superior Judicial Service whose pay is debitable to the Consolidated Fund of the State of Haryana.

(2)     These rules shall not apply to,-

(a)      persons not in whole time employment;

(b)      persons employed on contract;

(c)      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 contained in these rules.

Rule - 3. Definitions

In these rules, unless the context otherwise requires,-

(a)      "assured career progression (ACP)" with reference to Haryana Civil Service (Judicial Branch) (Senior Division and Junior Division) means the revised level as mentioned in columns 3 and 4 of Part III of the Schedule;

(b)      "basic pay" means pay drawn in the prescribed scale of pay as on 31.12.2015 for the post held by the Judicial Officer as functional scale of pay for such post including stagnation increments, if any, but not including any other type of pay like special pay, personal pay etc;

(c)      "CSR" means the Punjab Civil Services Rules and Haryana Civil Services Rules as amended from time to time and as applicable to the State of Haryana;

(d)      "existing scale" in relation to any post or any member of the Judicial Service means the functional pay scale as on 31st December, 2015 prescribed for the post held by the member of the service.

Explanation:- In the case of a Judicial Officer who was on the 1st day of January, 2016, on deputation in Centre/any State Government or on leave or on foreign service or who would have on that day officiated on one or more lower posts but for his officiating in a higher post existing scale means the functional scale applicable to the post which he would have held but for his being on deputation or on leave or on foreign service, as the case may be, but for his officiating in a higher post, as on 31st December, 2015;

(e)      "functional pay scale or level" in relation to a member of the service means the pay scale or level which is prescribed for the post held by him. It does not mean any other pay scale or level in which he is drawing his pay as a personal measure to him with any other Justification e.g. on higher/additional qualification or on upgradation of pay scale or level due to any other reason;

(f)       "Government" means the Government of the State of Haryana in the Administrative Department save as otherwise provided by or under these rules;

(g)      "Judicial Officer" means a member of the judicial Services to whom these rules apply under rule 2 of these rules;

(h)     "leave" means any sanctioned leave as defined in CSR, except casual leave. Any absence from duty without the sanction of competent authority shall not be considered as leave;

(i)       "Officiating post" means the post which is held by the judicial Officer to which he has not been confirmed or to which he has been appointed as a temporary measure while still retaining his lien on a different post or on which he performs the duties while another person holds a lien to such post. The Judicial Officer occupying a post while still on probation is also to be considered to be holding an officiating post. Further, if competent authority has appointed a Judicial Officer to officiate on a vacant post on which no other judicial Officer holds a lien, even such appointment shall be an appointment against an officiating post;

(j)       "pay matrix" means Matrix specified in Schedule, Part -I, with levels of pay arranged in vertical cells as assigned to corresponding existing pay scale.

(k)      "pay" means the basic pay drawn monthly by Judicial Officer, other than special pay or pay granted in lieu of his personal qualification or his length of service, in the functional pay scale or level, which has been sanctioned for a post held by him substantively or in an officiating capacity or in case where no separate functional pay scale is sanctioned for the post held by the Judicial Officer constituting a cadre, in the pay scale or level to which he is entitled by reason of his position in a cadre;

(l)       "Pay scale as a personal measure to the Judicial Officer" means any scale of pay, other than the existing scale, in which such officer is drawing his pay, including 1st Assured Career Progression Scale and 2nd Assured Career Progression Scale, as the case may be, with respect to the Judicial Officer to whom these rules apply;

(m)    "revised pay" means basic pay of a Judicial Officer in the revised pay level prescribed for the post held by him;

(n)     "revised pay level" in relation to any post or any Judicial Officer occupying such post means revised functional level of pay prescribed for such post in place of the existing functional pay scale under these rules;

(o)      "Schedule" means the Schedule appended to these rules;

(p)      "substantive pay" means pay drawn by the Judicial Officer on the post to which has been appointed substantively or by reason of his substantive position in a cadre.

Rule - 4. Revised level of pay

The revised level of pay corresponding to existing pay scale of the members of the service shall be, as specified in Schedule, Part-II.

Rule - 5. Eligibility for the grant of assured career progression scale

(1)     Every member of Haryana Civil Service (Judicial Branch) who, after satisfactory service for a regular period of five years has not got any financial upgradation in terms of grant of a pay scale or level higher than the functional pay scale prescribed for the post as on 31.12.2015, on which he was recruited as a direct fresh entrant or after placement in the Senior Division, as the case may be, shall be eligible, for placement in the I-Stage Assured Career Progression Level.

(2)     Every member of the Haryana Civil Service (Judicial Branch) who, after satisfactory service for minimum period of ten years has not got more than one financial upgradation in terms of grant of pay scale or level higher than the functional pay scale prescribed for the post as on 31.12.2015, on which he was recruited as a direct fresh entrant or after placement in the Senior Division, as the case may be, shall be eligible, for placement in the II- Stage Assured Career Progression Level.

Rule - 6. Grant of Assured career Progression scale

(1)     Rule 5 lays down the eligibility conditions for placement in the relevant pay levels and does not authorize the placement automatically for placement in the Assured Career Progression level in which the member of Haryana Civil Service (Judicial Branch) is eligible for placement under these rules. The authority competent to grant the promotion in the case of such officer shall pass suitable orders for grant of Assured Career Progression level under these rules on appraisal of his work and performance authorizing the placement of such officer in the appropriate Assured Career Progression Level.

Explanation :- The authority competent for the purpose of this rule means the authority competent in the case of promotion for the respective categories of post.

(2)     The Assured Career Progression Level so granted shall be effective from the 1st date of the succeeding month in which it was due and not from the date from which the orders were issued by the competent authority, if the orders so issued by the competent authority has been issued on a date which is different from the due date of eligibility:

Provided that the member of the Haryana Civil Service (Judicial Branch) shall draw his pay only after the orders for granting such levels are issued by competent authority in relevant Assured Career Progression Level.

Provided further that, if for any reason, delay in grant of ACP goes beyond one year, one additional increment for every year delay shall be granted subject to adjustment while drawing the arrears on grant of ACP Level. Increment such granted shall not form the part of basic pay in revised pay matrix level and shall be allowed as a separate component (difference of two vertical cells).

Rule - 7. Fixation of initial pay in the revised level and Pay Matrix Pattern

The initial pay of a Judicial Officer shall be fixed with effect from 1st January, 2016, in the Pay Matrix as specified in Schedule, Part -I, in the following manner, namely :-

The existing pay of the Judicial Officer as on 1.1.2016 shall be revised and fixed in the revised levels of Pay Matrix at the corresponding stages 1 to 44 in the Pay Matrix Fitment as shown in Table A. There shall not be any fitment or fixation of pay by granting any increment or additional weightage while fixing the pay as above in the revised level.

Pay Matrix Pattern

(i)       The Categorization of the Judicial Officers in Revised Pay Matrix Pattern w.e.f. 1.1.2016 shall be as under:-

(ii)     The Revised Pay for 1 to 44 stages of existing scale in the revised pay levels in Pay Matrix as on 1st January, 2016 shall be as under :-

Rule - 8. Date of increment in the revised scale

(1)     The increment shall be once in a year as per the date of appointment or promotion or financial upgradation.

(2)     The next increment of a Judicial Officer whose pay has been fixed in the revised level in accordance with rule 7 shall be granted on the date he would have drawn his increment, had he continued in the existing scale.

Rule - 9. Overriding effect of rules

The provisions of CSR or any other rules made in this regard shall not save as otherwise provided in these rules, apply to cases where pay is regulated under these rules to the extent the same are inconsistent with these rules.

Rule - 10. Power to make addition or deletion etc

Where the Government is satisfied that there is a necessity to make additions or to delete any class or categories of posts or change the designations and pay levels either permanently or temporarily in the Schedule, the Government shall be competent to add to or delete or to change such conditions. The provisions of these rules shall apply on such additions or deletions or changes, as the Government may, direct by specific orders or, in the absence of that, all the provisions of these rules shall apply as if the changes were made under these rules.

Rule - 11. Interpretation

If any question arises relating to the interpretation of any of the provisions of these rules, it shall be referred to the Government in the Finance Department, whose decision thereon shall be final.

Rule - 12. Residuary provisions

In the event of any general or special circumstance(s) which is not covered under these rules or about which certain inconsistency comes to the notice at a later stage, the matter shall be referred to the Government and the Government, in consultation with the Finance Department, shall prescribe the conditions to be followed under such circumstances. Such conditions, as prescribed by the Government, under this rule shall be deemed to be part of these rules. Further, if the Government is satisfied that there is a requirement to prescribe certain additional conditions under these rules, the Government shall prescribe such conditions and such additional conditions as prescribed by the Government under this rule shall be deemed to be the part of these rules.

Schedule

Part-I

xxx

Part – II

(Revised pay Levels)

Part – III

[Assured Career Progression levels for members of Haryana Civil service Judicial Branch)]

Memorandum Explanatory to the Haryana Civil Services (Judicial Branch) and Haryana Superior Judicial Service Revised Pay Rules, 2023

Rule 1. This rule is self-explanatory.

Rule 2. This rule lays down the categories of Judicial Officers to whom the rules apply, except for the categories excluded under sub rule (2) of rule 2. These rules are applicable to all Judicial Officers appointed under the rule making power of the Government of Haryana serving in connection with the affairs of Government of Haryana and whose pay is debitable to the Consolidated Fund of the State of Haryana. They do not apply to any other categories of officers.

Rule 3. The rule is self-explanatory.

Further, wherever the terms defined under this rule are mentioned in these rules or in any other rules/instructions/orders/notifications etc. issued in connection with these rules, definitions as prescribed under this rule are to be taken as the meaning of such terms unless specifically a different definition is prescribed for such terms to be taken as meaning for and in these rules or, as the case may be, in any other rules/instructions/ orders/notifications etc.

Rule 4 Scale of pay is the revised functional pay level prescribed for the post as a consequence of these rules. The fundamental sense is that these rules prescribe the revised functional pay level for the services and do not prescribe replacement levels in general. The existing scales, as mentioned in the Schedule of these rules, have been mentioned only with the objective of deriving as to what shall be the revised functional pay level and for no other purpose.

Rule 5. The rule is self-explanatory.

It lays down the conditions which are essential to be met by an officer of the Judicial Service to be eligible for the grant of benefit under these rules.

Rule 6. The rule is self-explanatory.

The rule lays down the authorization of the grant of the benefit to be extended under these rules.

Rule 7. This rule deals with the actual fixation of the pay in the revised functional pay levels on 1st January, 2016. For the purpose of these rules, the procedure under this rule, and no other procedure under any other set of rules, shall be followed.

This rule prescribes the fixation of pay in the revised prescribed functional pay level for the post (substituting the existing functional pay scales for the corresponding post) as a consequence of the application of these rules.

Rule 8. The rule is self-explanatory.

Rule 9. The rule is self-explanatory.

Rule 10. The rule is self-explanatory.

Rule 11. The rule is self-explanatory.

Rule 12. The rule is self-explanatory.