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, namely:--?? (1)
These rules may be called the Haryana
Civil Services (Assured Career Progression) Rules, 2008. (2)
They shall be deemed to have come into
force on the first day of January, 2006, unless otherwise provided by the
Government for any class or category of persons. (3)
The objective of these rules is to
provide two categories of assured career progression schemes for the Government
servants of Haryana -the first category of scheme is cadre-specific Assured
Career Progression Schemes for some cadres/posts prescribing time scales. The
second category of scheme is primarily to remove stagnation in service, in the
form of a general assured career progression scheme. The second category scheme
seeks to ensure that all Government servants, whose cadres are not covered by
any cadre-specific assured career progression scheme, get at least three
financial upgradations, including financial upgradation, availed by such
Government servants as a consequence of functional promotion during his entire
career. It also seeks to ensure that no Government servant stagnates without
any financial upgradation for more than ten years unless he has already availed
three financial upgradations in his career.?? (1)
Save as otherwise provided by or under
these rules, these rules shall apply to persons appointed to civil services and
posts of group 'A', 'B', 'C' and 'D' in connection with the affairs of the
Government of Haryana and to those who are under the administrative control of
the Government of Haryana and whose pay is debitable to the Consolidated Fund
of the State of Haryana and are mentioned in the Schedule I of these rules. (2)
These rules shall not apply to.-- (a)
officers of judiciary working in
connection with the affairs of Haryana State; (b)
persons not in whole time employment; (c)
persons paid out of contingencies; (d)
persons paid otherwise than on monthly
basis, including those paid on a piece-rate basis or on the basis of daily
wages or on consolidated contractual payment; (e)
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;?? In these
rules, unless the context otherwise requires :-- (a)
"cadre specific Assured Career
Progression Scheme" means a scheme falling within the scope of these rules
and as mentioned in the Part I of Schedule I of these rules; (b)
"CSR" means the Punjab Civil
Services Rules as amended from time to time and as applicable in connection
with the affairs of Government of Haryana; (c)
"direct recruit fresh entrant"
with reference to a post or a Government servant means the post on which such
Government servant was recruited as a regular and direct recruit in the
Government service and is in continuous employment of Government since such
recruitment; (d)
"existing basic pay" means pay
drawn in a prescribed pre-revised scale of pay as on 1.1.2006 for the post held
by the person(s) as present scale of pay for such post including stagnation
increments but not including any other type of pay like "special
pay", "personal pay" etc.; (e)
"existing pay scale" in
relation to any post or any Government servant means the pre-revised functional
pay scale as on 01.01.2006 prescribed for the post on which such Government
servant was recruited as a direct recruit fresh entrant; (f)
"functional pay scale" in
relation to a Government servant means the pay scale which is prescribed for
the post held by the Government servant. It does not mean any other pay scale
in which the Government servant is drawing his pay as a personal measure to him
on account of either length of service or higher/additional qualification or
upgradation of pay scale due to any other reason; (g)
"first assured career progression
pay band and grade pay under general ACP scheme" means the first financial
upgradation in terms of increased grade pay in the same pay band for all
Government servants covered under the general ACP scheme, as mentioned in
column 4 of Part II of Schedule I with reference to the pay structure mentioned
in column 3 of Part II of Schedule I: Provided
that the First Assured Career Progression pay band and grade pay may also be
referred to as 1st ACP PB and GP; (h)
"Government" means the
Government of Haryana in the Finance Department save as otherwise provided by
or under these rules; (i)
"Government servant" for the
purposes of these rules means the person(s) appointed to the post(s) in
connection with the affairs of the Government of Haryana which are under the
administrative control of Government of Haryana and whose pay is debitable to
the consolidated fund of state of Haryana and on whom these rules apply; (j)
"leave" means any sanctioned
leave as defined in C.S.R., except "casual leave". Any type of
absence without the sanction of competent authority shall not be considered as
leave; (k)
"memorandum explanatory" means
the memorandum explanatory appended to these rules, briefly explaining the
nature, philosophy, justification, objectives, applicability etc. of these
rules; (l)
"officiating post" means the
post which is held by the Government servant to which he has not been confirmed
or to which he has been appointed as a temporary measure while still retaining
his lien to a different post or to which he performs the duties while another
person holds a lien to such post. The Government servants 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 Government servant to
officiate on a vacant post on which no other Government employee holds a lien,
even such appointment shall be an appointment as against an officiating post; (m)
"present scale" in relation to
any Government servant who falls within the scope of these rules means the pay
scale in which such Government servant was drawing his pre-revised pay on
1.1.06, if such pay scale happened to be different from the functional pay
scale prescribed for the post on which such Government servant was working; (n)
"pay scale as a personal measure to
the Government servant" with reference to any Government servant means any
scale of pay, other than the functional scale in which such Government servant
is drawing his pay, including 1st ACP, 2nd ACP and 3rd ACP, as the case may be; (o)
"persons" mean persons who are
Government servants for the purposes of these rules; (p)
"pay" means the amount drawn
monthly by a Government servant, in the pay scale in which he was drawing his
salary before 31.12.2005; (q)
"revised ACP pay structure" in
relation to any Government servant means revised corresponding Assured Career
Progression pay band and grade pay in which the Government servant is eligible
or entitled to be placed as a consequence of application of these rules in
place of the present scale for the purpose of drawing the pay as a personal
measure to such Government servant; (r)
"revised emoluments" means pay
in the pay band + grade pay of a Government servant in the revised pay
structure in which the Government servant has been placed for drawing his pay
by or under these rules and includes the revised non practicing allowance, if
any, admissible to him in addition to the pay in the revised pay structure; (s)
"second assured career progression
pay band and grade pay under general ACP" means second financial
upgradation in the form of increasing grade pay in the same pay band for all
govt. servants who are covered in the general assured career progression
scheme, as mentioned in column 5 of Part II of Schedule I with reference to the
grade pay mentioned in column 4 of the Part II of Schedule I. However, in case
of an employee holding a post after promotion, the second ACP pay band and grade
pay will be the pay band of the promotional post and the next available grade
pay with reference to his existing grade pay : Provided
that the Second Assured Career Progression pay band and grade pay may also be
referred to as 2nd ACP PB and GP; (t)
"Schedule" means Schedule
appended to these rules; (u)
"substantive pay" means pay
drawn by the Government servant on the post to which the Government servant has
been appointed substantively or by reason of his substantive position in a
cadre; (v)
"third assured career progression
pay band and grade pay under general ACP" means third financial
upgradation in the form of increasing grade pay in the same pay band for all
Govt. servants who are covered in the general assured career progression
scheme, as mentioned in column 6 of Part II of Schedule I with reference to the
grade pay mentioned in column 5 of the Part II of Schedule I. However, in case
of an employee holding a post after promotion, the second ACP pay band and
grade pay will be the pay band of the promotional post and the next available
grade pay with reference to his existing grade pay : Provided
that the Third Assured Career Progression pay band and grade pay may also be
referred to as 3rd ACP PB and GP;?? The ACP
pay band and grade pay as time scales mentioned in column 5 of Part I of
Schedule I to certain cadres/posts mentioned in column 2 of Part I of Schedule
I shall be admissible to all Government servants who become members of such
cadres by way of direct recruitment or promotion.?? Financial
up gradation in the form of the first, the second and the third ACP pay band
and grade pay as mentioned in column 4, 5 and 6 of Part II of Schedule I will
be admissible to all Government servants covered under this scheme with
reference to their pre-revised functional pay scale and the corresponding
revised pay structure mentioned in column 2 and 3 respectively of Part II of
Schedule I of these rules. However, in case of an employee holding a post after
promotion, the entitled ACP pay band and grade pay will be the pay band of the
promotional post and the next available grade pay with reference to his
existing grade pay.?? For the
grant of cadre specific ACP pay band and grade pay the eligibility conditions
will be the same as mentioned in Part I of Schedule I of these rules, apart
from the general conditions of eligibility given in rule 8 hereunder.?? (1)
Every Government servant covered under
the general ACP scheme shall, for the purposes of drawal of pay, be eligible
for the first ACP grade pay (given in column 4 of Part II of Schedule I in
respect of the functional pay scale or pay structure of his post) if he has
completed 10 years of regular satisfactory service and has not got any
financial upgradation in these ten years with reference to the functional pay
structure of the post to which he was recruited as a direct entrant. Financial
upgradation in this context includes functional promotion in the hierarchy or
further revision/modification of the pay structure for the same post after
1.1.2006. (2)
Every Government servant covered under
the general ACP scheme shall, for the purposes of drawal of pay, be eligible
for the second ACP grade pay (given in column 5 of Part II of Schedule I in
respect of the functional pay scale or pay structure of his post) if he has
completed 20 years of regular satisfactory service and has not got any
financial upgradation in the last ten years. Financial upgradation in this
context includes functional promotion in the hierarchy or further
revision/modification of the pay structure for the same post after 1.1.2006. (3)
Every Government servant covered under
the general ACP scheme shall, for the purposes of drawal of pay, be eligible
for the third ACP grade pay (given in column 6 of Part II of Schedule I in
respect of the functional pay scale or pay structure of his post) if he has
completed 30 years of regular satisfactory service and has not got any
financial upgradation in the last ten years and has not got more than two
financial upgradation so far. Financial upgradation in this context includes
functional promotion in the hierarchy or further revision/ modification of the
pay structure for the same post after 1.1.2006. (4)
In case of a Government servant who gets
promoted, he will be considered for the next ACP grade pay after he completes
10 years of regular satisfactory service in the promotional post without any
financial upgradation and will be entitled to the next ACP grade pay with
reference to the grade pay of the promotional post he holds : Provided
that a Government servant shall not be entitled to avail ACP upgradation if, he
has already availed of three financial upgradation of any kind in his career. Note.-- For
the purpose of these rules, "regular satisfactory service" means
continuous service counting towards seniority under Haryana Government,
including continuous service in Punjab Government before re-organization,
commencing from the date on which the Government servant joined his service
after being recruited through the prescribed procedure or rules etc. for
regular recruitment, in the cadre in which he is working at the time of being
considered his eligibility for grant of ACP pay band and grade pay under these
rules and further fulfilling all the requirements prescribed for determining
the suitability of grant of ACP pay structure. Explanation.-- The
ACP pay structure upgradation in the form of first ACP grade pay will come into
play only if a Government servant has not got the benefit of at least one grade
pay upgradation within the prescribed period of first 10 years. Similarly, the
second and third ACP grade pays will come into play only if a Govt. servant
does not get two upgradations after twenty years of service and three upgradations
after thirty years of service. If within 10 years of service, the Government
servant has already got at least one financial upgradation or within 20 years
of service, the Government servant has already got atleast two financial
upgradations, or within 30 years of service, the Government servant has already
got at least three financial upgradations, benefit of these rules will not be
extended to such employees save if otherwise provided in these rules.?? The
following general conditions shall also be fulfilled by a Government servant
for availing benefit of ACP :-- (a)
after completing the respective
prescribed period for eligibility for the grant of ACP pay structure the
Government servant should be fit to be promoted to the next higher post in the
functional hierarchy in his cadre, but could not be functionally promoted due
to lack of vacancy in the promotional post in the hierarchy to which he is
eligible to be promoted; (b)
if such promotion involved passing of any
departmental test or other test etc., such condition should also be fulfilled
by such Government servant.?? On
placement in the ACP pay structure, the Government servant shall continue to
hold operational duties of his previous post held by him and will continue to
hold the previous designation till such time as he is actually promoted to the
higher post on the occurrence of a vacancy.?? Placement
in the ACP pay structure will entitle only financial benefit of drawal of pay
and dearness relief on pay in the ACP pay structure. The other entitlements
including the entitlement generally dependent on the status of the employee
shall continue to be determined with reference to his post on which he is
working in the substantive capacity or to the functional pay structure of the
post against which he was working substantively, before being granted the ACP
pay structure.?? (1)
The rule 7 and 8 only prescribe
eligibility conditions for placement in the relevant ACP pay structure and does
not authorize automatic placement in ACP pay structure in which Government servant
is eligible to be placed under these rules. The authority competent to grant
promotion in case of a Government servant shall be required to pass suitable
orders for grant of ACP pay structure under these rules, authorizing the
placement of a Government servant in the appropriate ACP pay structure. Before
passing such order : (a) the authority competent shall ensure that if there is
a Departmental Promotion Committee, such Committee should consider the cases
for grant of ACP pay structure as if these were cases for determining the
suitability for promotion and that its recommendations are considered in the
manner as considered in case of functional promotions; (b) the authority competent shall ensure that the
conditions and provisions laid down in these rules or any other
order/instructions etc. issued under these rules or otherwise with this
purpose, are strictly adhered to; (c) the authority competent shall ensure that the number
of financial up-gradations granted to a Government servant is counted with
reference to the pay scale or pay structure of the post to which the Government
servant was inducted as a direct recruit fresh entrant. For this purpose, each
promotion, each grant of ACP grade pay or any other upgradation will be counted
as one upgradation. The benefit of ACP shall not be extended to a Government
servant if he has already availed three financial upgradations in his career by
way of ACP or otherwise; (d) the authority competent shall also ensure compliance
with the provision of these rules or any other rules or instructions issued by
Government; Explanation.-- The
"authority competent" for the purpose of this rule would mean the
authority competent in case of promotion for the respective categories of
posts. (2)
The ACP pay structure so granted shall be
effective from the date it is due and not from the date on which the orders are
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 Government servant shall draw his pay only after the orders for
granting such pay structure are issued by the competent authority in the
relevant ACP pay structure. (3)
In case of Government servants who are
drawing pay in a pay scale other than the functional pay scale of the post held
by them on or before the date of notification of these rules, there shall be no
need to pass any orders under the provisions of sub-rules (1) and (2) above and
they shall be entitled to draw their pay in the ACP pay structure corresponding
to the pay scale in which they are drawing their pay : Provided
that this deemed grant of ACP pay structure will not affect his entitlement for
revised pay structure in which he will be placed as a consequence of
application of these rules. Such Government servants shall be placed in the
appropriate revised ACP pay structure as per their eligibility under these
rules for the purposes of fixation of pay as a consequence of application of
these rules.?? If the
service rules provides for or circumstances warrant filling up of a post
through direct recruitment as well as through promotion, benefit of stepping up
of pay band and grade pay shall be admissible to the directly recruited senior
Government servant if the junior promoted Government servant junior to him is
drawing salary in higher pay band and grade pay on the basis of the benefit of
ACP upgradation. However, the benefit of stepping up shall not be admissible to
a promotee if he has already got three financial upgradation as provided under
these rules in his service career.?? Where
the functional pay structure of the promotional post in the hierarchy is
inferior to the ACP pay structure entitlement of the Government servant, had he
not been promoted, as per his eligibility and entitlement on completion of
prescribed length of service for the 1st, 2nd or 3rd ACP pay structure
entitlement, as the case may be, the Government servant shall be entitled to be
placed in the 1st or 2nd or 3rd ACP pay structure, as the case may be, after
completing the prescribed period of service for being placed in the 1st or 2nd
or 3rd ACP pay structure: Providing
that such functional promotion to a post with such inferior pay structure shall
not be counted as a financial upgradation for the purposes of these rules.?? In case
the Government servant chooses to forego any functional promotion on any ground
whatsoever, while drawing his pay in any ACP pay structure with reference to
him, he shall cease to be entitled to draw his pay in the ACP pay structure
last granted to him and shall draw his pay in the pay band and grade pay he was
drawing before the grant of the last ACP grade pay from the date of such
forgoing of promotion.?? The pay
scale for the purpose of these rules for the Government servant shall be as under:-- (a)
The revised ACP pay structure in case of
cadre specific ACP schemes shall be as mentioned in Part I of Schedule I : (b)
The revised pay structure in case of
General ACP scheme shall be as specified in Part II of Schedule I : Provided
that in case of the posts for which the functional pay scales have been revised
before pay revision through the Haryana Civil Services (Revised Pay) Rules,
2008, the so revised scales shall be considered as the functional scales of
those posts for the purpose of this rule.?? (1)
Save as otherwise provided in these
rules, a Government servant shall draw pay in the revised ACP pay structure,
that is in ACP-I or ACP-II or ACP-III, as applicable in his case : Provided
that a Government servant may elect to continue to draw pay in the present pay
scale until the date on which he earns his next or any subsequent increment in
the existing pay scale or until he vacates his post or ceases to draw pay in
that pay scale : Provided
further that if the Government servant elects to draw his pay in the present
pay scale as per the provisions of these rules, he will continue to draw his
pay in the present pay scale as per the terms and conditions prescribed for
drawal of pay for the present pay scale and that none of the provisions under
these rules or under the Haryana Civil Services (Revised Pay) Rules, 2008,
shall be applicable to such Government servants till the time they opt to be
governed by or are brought under either of these two rules. Explanation.-- The
option to retain the present scale under the proviso of this rule shall be
admissible in respect of only one scale out of the present scale(s) or existing
scale(s).?? (1)
The option under the proviso to rules 16
shall be exercised in writing in the form appended to the Schedule II so as to
reach the authority mentioned in sub-rule (2) within three months of the date
of notification of these rules : Provided
that in the case of Government servant who is on the date of such publication
on leave or on deputation or on foreign 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 the Government or on the expiry of
the sanctioned leave, whichever is earlier : Provided
further that where a Government servant is under suspension on the date of
publication of these rules or, as the case may be, on the date of such order
the option may be exercised within three months of the date of his return to
his duty. (2)
The option shall be intimated by the
Government servant to the Head of his office. (3)
If the intimation regarding option is not
received within the time mentioned in sub-rule (1), the Government servant
shall be deemed to have elected to be governed by the revised ACP pay structure
on and from the 1st day of January, 2006. (4)
The option once exercised shall be final. Note
1.--Persons whose services were terminated on or after the 1st January, 2006
and who can not exercise the option within the prescribed time limit on account
of death, discharge on the expiry of the sanctioned post, resignation,
dismissal or removal on account of disciplinary proceeding, are entitled to the
benefit of this rule: Note
2.-- Persons who have died on or after the 1st day of January, 2006, 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,
2006, 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 should be taken by the Head of Office.?? The
initial pay of a Government servant who elects or is deemed to have elected
under sub-rule (3) of rule 17 to be governed by the revised ACP pay structure
on and from the 1st day of January, 2006, shall, unless in any case the
Government by special order otherwise directs, be fixed in the revised ACP pay
structure depending upon his eligibility in the following manner, namely:-- (A)
in case of all employees covered under
ACP scheme: (a)
for employees covered under cadre
specific ACP scheme -- (i)
the pay in the ACP pay band/ pay
structure will be determined by multiplying the existing basic pay as on
1.1.2006 by a factor of 1.86 and rounding off the resultant figure to the next
multiple of 10; (ii)
if the minimum of the revised ACP pay
band/ pay structure is more than the amount arrived at as per (i) above, the
pay shall be fixed at the minimum of the revised ACP pay band/ pay structure
and grade; (b)
for employees covered under general ACP
scheme (i) in case of Government servants who are drawing pay in
a pay scale other than the functional pay of the post held by them (ACP scale)
on or before of the date of the notification of these rules, their pay shall be
fixed in the functional pay band of the post held by them by multiplying the
existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding the
resultant figure to the next multiple of 10. The grade pay corresponding to the
existing ACP pay scale will be payable in addition; (ii) if the minimum of the revised ACP pay band/pay
structure is more than the amount arrived at as per (i) above, the pay shall be
fixed at the minimum of the revised ACP pay band/pay structure and grade pay : Provided
that.--
i.
where, in the fixation of pay, the pay of
Government servants drawing pay at two or more consecutive stages in present
scale gets bunched, that is to say, gets fixed in the revised ACP pay structure
at the same stage in the pay band, then, for every two stages so bunched,
benefit of one increment shall be given so as to avoid bunching of more than
two stages in the revised running ACP pay bands. For the purpose, the increment
will be calculated on the pay in the ACP pay band. Grade Pay would not be taken
into account for the purpose of granting increments to alleviate bunching.
ii.
in the case of pay scales in higher
administrative grade (HAG) in the pay band PB-4, benefit of increments due to
bunching shall be given taking into account all the stages in different pay
scales in this grade.
iii.
if by stepping up of the pay as above, the
pay of a Government servant gets fixed at a stage in the revised ACP pay band/
pay structure (where applicable) which is higher than the stage in the revised
ACP pay band at which the pay of a Government servant who was drawing pay at
the next higher stage or stages in the same present 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.
iv.
the pay in the ACP pay band will be
determined in the above manner. In addition to the pay in the ACP pay band,
grade pay corresponding to the existing pay structure will be admissible. Note.-- Illustration
1 to 4 provided in the Explanatory Memorandum to these rules explains the
above. (B)
in the case of employees who are in
receipt of special pay/allowance in addition to pay in the present scale which
has been recommended for replacement by a pay band and grade pay without any
special pay/allowance, pay shall be fixed in the revised pay structure in
accordance with the provisions of (A) above : (C)
in the case of employees who are in
receipt of special pay component with any other nomenclature in addition to pay
in the present scales, such as personal pay for promoting small family norms,
etc., and in whose case the same has been replaced in the revised structure
with corresponding allowance/pay at the same rate or at a different rate, the
pay in the revised structure shall be fixed in accordance with the provisions
of clause (A) above. In such cases, the allowance at the new rate as
recommended shall be drawn in addition to pay in the revised structure of pay
from the date specified in the relevant notifications related to these
allowances; (D)
in the case of medical officers who are
in receipt of Non Practicing Allowance (NPA), the pay in the revised pay structure
shall be fixed in accordance with the provisions of clause (A) above except
that, in such cases, the pre-revised dearness allowance appropriate to the non
practicing allowance (excluding dearness pay component on NPA) admissible at
index average 536 (1982=100) shall be added while fixing the pay in the revised
pay band; Note
1.-- A Government servant who is on leave on the 1st day of January, 2006,
and is entitled to leave salary shall become entitled to pay in the revised pay
structure from 1.1.2006 or the date of option for the revised pay structure.
Similarly, where a Government servant is on study leave on the first day of
January, 2006, he will be entitled to the benefits under these rules from
1.1.2006 or the date of option. Note
2.-- Where a post has been upgraded as indicated in column (4) of Schedule
I Part I of these rules, the fixation of pay in the applicable pay band will be
done in the manner prescribed in accordance with clause (A) (i) and (ii) of
rule 18 by multiplying the existing basic pay as on 1.1.2006 by a factor of
1.86 and rounding the resultant figure to the next multiple of 10. The grade
pay corresponding to the upgrade scale as indicated in column 5 of Schedule 1
Part I of these rules will be payable in addition. Illustration 5 in this
regard is in Explanatory Memorandum to these rules. Note
3.--In case of Government servant under suspension, he shall continue to draw
subsistence allowance based on present scale of pay and his pay in the revised
structure of pay will be subject to final order on the pending disciplinary
proceedings or otherwise a final order, as the case may be. Note
4.-- Where the existing emoluments' exceed the revised emoluments in the
case of any Government servant, the difference shall be allowed as personal pay
to be absorbed in future increases in pay. Note
5.--Where in the fixation of pay under sub-rule (1), the pay of a Government
servant, who, in the present scale was drawing immediately before the 1st day
of January, 2006, more pay than another Government servant junior to him in the
same cadre, gets fixed in the revised pay band at a stage lower than that of
such junior, his pay shall be stepped upto the same stage in the revised pay
band as that of the junior. Note
6.-- Where a Government servant is in receipt of personal pay on the 1st
day of January, 2006, which together with his existing emoluments 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. Note
7.-- In case where a senior Government servant has moved into first,
second or third ACP pay structure, as the case may be, before the 1st day of
January, 2006 and draws less pay in the revised pay structure than his junior
who moves into the same entitled first, second or third ACP pay structure on or
after the 1st day of January, 2006, the pay in the pay band of the senior
Government servant should be stepped up to an amount equal to the pay in the
pay band as fixed for his junior in that ACP pay structure. The stepping up
should be done with effect from the date on which the junior Government servant
moved into the same ACP pay structure subject to the fulfillment of the
following conditions, namely:- (a) ??both the
junior and the senior Government servants should belong to the same cadre and
the ACP pay band in which they have been moved should be same and in the same
cadre; (b) ??the
present scale of pay and the revised grade pay of the lower and higher posts in
which they are entitled to draw pay should be same; (c) ???the
senior Government servants at the time he moved into the first, second or third
ACP pay band, as the case may be, should have been drawing equal or more pay
than the junior. The
order relating to re-fixation of the pay of the senior officer in accordance
with the above provisions should be issued under these rules and the senior
officer will be entitled to the next increment on completion of his required
qualifying service with effect from the date of re-fixation of pay. Note.-- The
placement in the first, second or third ACP pay structure, as the case may be,
does not amount to a functional promotion and, therefore, the presumption of
higher responsibility cannot be taken in such placements in the ACP pay
structure. However, still the benefit of fixation of pay corresponding to the
placement in the higher pay structure as a consequence of promotion that is
presuming the higher responsibility shall be extended at the stage of fixation
of pay in the first, second or third ACP pay structure, as the case may be.
Therefore, if the grade pay of the promotional post and the ACP pay structure
in which the Government servant is drawing his pay prior to the promotion are
identical, his pay will not again be fixed in the functional pay structure of
the promotional post which is identical to the ACP pay structure in which he
was drawing his pay before promotion. He will continue to draw his salary at
the same stage and his date of increment will also continue to be the same as
before the promotion.?? The rate
of increment in the revised ACP pay structure will be 3% of the sum of the pay
band and grade pay applicable, which will be rounded off to the next multiple
of 10. The amount of increment will be added to the existing pay in the pay
band. Illustration 6 in this regard is in the Explanatory Memorandum of these
rules.?? There
will be a uniform date of annual increment, viz. 1st July of every year.
Employees completing 6 months and above in the revised ACP pay structure as on
1st of July will be eligible to be granted the increment. The first increment
after fixation of pay on 1.1.2006 in the revised ACP pay structure will be
granted on 1.7.2006 for those employees for whom the date of next increment was
between 1st July, 2006 to 1st January, 2007 : Provided
that in the case of persons who had been drawing maximum of the present scale
for more than a year as on the 1st day of January, 2006, the next increment in
the revised ACP pay structure shall be allowed on the 1st day of January, 2006.
Thereafter, the provision of rule 17 would apply: Provided
further that in cases where an employee reaches the maximum of his pay band,
shall be placed in the next higher pay band after one year of reaching such a
maximum. At the time of placement in the higher pay band, benefit of one
increment will be provided. Thereafter, he will continue to move in the higher
pay band till his pay in the pay band reaches the maximum of PB-4, after which
no further increments will be granted.?? Rule 21. Fixation of pay in the revised ACP pay structure subsequent to
the 1st day of January,
2006.-- Where a
Government servant continues to draw his pay in the present scale and is
brought over to the revised ACP pay structure from a date later than the 1st
day of January, 2006, his pay from the later date in the revised ACP pay
structure shall be fixed in the following manner:- Pay in
the pay band will be fixed by adding the basic pay applicable on the later
date, the dearness pay applicable on that date and the pre-revised dearness
allowance based on rates applicable as on 1.1.2006. This figure will be rounded
off to the next multiple of 10 and will then become the pay in the applicable
pay band. In addition to this, the grade pay corresponding to the pre-revised
pay scale will be applicable. Where the Government servant is in receipt of
special pay or non-practicing allowance, the methodology followed will be as
prescribed in rule 18 (A), (B), (C), (D) as applicable, except that the basic
pay and dearness pay to be taken into account will be the basic pay and
dearness pay applicable as on that date but dearness allowance will be
calculated as per rates applicable on 1.1.2006.?? (1) ??In the
case of moving from one grade pay to another in the revised ACP pay structure,
the fixation will be done as follows:-- One
increment equal to 3% of the pay in the ACP pay band and the existing be
computed and rounded off to the next multiple of 10. This will be added to the
existing pay in the pay band. The grade pay corresponding to the immediate next
higher present pay scale will thereafter be granted in addition to this pay in
the ACP pay band. In cases where ACP involves change in the pay in the ACP pay
band after adding the increment is less than the minimum of the higher ACP pay
band to which ACP is taking place, pay in the ACP pay band will be stepped up
to such minimum. (2) ??On
upgradation in ACP pay structure from one grade pay to another, a Government
servant has an option under CSR to get his pay fixed in the immediate higher
grade pay either from the date of his upgradation in ACP pay structure, or from
date of his next increment, viz. 1st July of the years. The pay will be fixed
in the following manner in the revised ACP pay structure:-- (i) ???In case
the Government servant opts to get his pay fixed from his date of next
increment, then, on the date of upgradation in ACP pay structure, pay in the
pay band shall continue unchanged, but the grade pay of the higher ACP pay
structure will be granted. Further re-fixation will be done on the date of his
next increment i.e. 1st July. On that day, he will be granted two increments;
one annual increment and the second on account of upgradation in ACP pay
structure. While computing these two increments, basic pay prior to the date of
upgradation in ACP pay structure shall be taken into account. To illustrate, if
the basic pay prior to the date of upgradation in ACP pay structure was Rs.
100, first increment would be computed on Rs. 100 and the second on Rs. 103. (ii) ???In case
the Government servant opts to get his pay fixed in the higher grade from the
date of his upgradation in ACP pay structure, he shall get his first increment
in the higher grade on the next 1st July if he was upgraded in ACP pay structure
between 2nd July and 1st January. However, if he was upgraded in ACP pay
structure between 2nd January and 30th June of a particular year, he shall get
his increment on 1st July of next year.?? The
arrears shall be paid in cash in two installments. The first installment should
be restricted to 40% of the total arrears. The remaining 60% of arrears should
be paid during the next financial year. Explanation.-- For
the purposes of this rule -- (a) ??"arrears
of pay" in relation to a Government servant means the difference between: 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.
Revised allowances (except for dearness allowance and non-practicing allowance)
will be payable only with effect from 01.01.2009 the aggregate of the pay and
allowance 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 1st day of January, 2006 and ending with the 31.12.2008.?? 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 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. Note.-- The
relaxation so granted under this rule shall be deemed to have been given
depending upon the merit of such class and categories of Government servant
and, therefore, will not amount to any discrimination with other class and
categories of Government servant.?? Where
the Government is satisfied that there is a necessity to make any addition or
delete any class or categories of posts or change temporarily in the Schedule
to these rules, the Government will be competent to add or delete or change
such conditions. The provisions of these rules will 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.?? 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.?? In the
event of any general or special circumstance which is not covered under these
rules or about which certain inconsistency comes to the notice, the matter
shall be referred to the Government and Government will 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 additional conditions and such additional conditions shall be
deemed to be the part of these rules. HARYANA CIVIL SERVICES (ASSURED CAREER
PROGRESSION) RULES, 2008
PREAMBLE