HARYANA CIVIL SERVICES (ASSURED CAREER PROGRESSION) RULES, 2016

 

PREAMBLE

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:

Rule - 1. Short title, commencement and objective.

(1)     These rules may be called the Haryana Civil Services (Assured Career Progression) Rules, 2016.

(2)     These rules shall be deemed to have come into force on the 1st day of January, 2016, 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 employees of Haryana Government. The first category of scheme is cadre-specific Assured Career Progression Scheme for some cadres/posts/services. 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 employees, whose cadres are not covered by cadre-specific assured career progression scheme, get at least three financial upgradations, including financial upgradation, availed by such Government employees as a consequence of functional promotion during his entire career. It also seeks to ensure that no Government employee stagnates without any financial upgradation for more than eight years unless he has already availed three financial upgradations in his career.

Rule - 2. Categories of Government employees to whom these rules apply.

Save as otherwise provided under these rules, it shall apply to the persons appointed to civil services and posts in connection with the affairs of the Government of Haryana, 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.

Note.  These rules shall also be applicable to re-employed pensioners, including military pensioners, who are drawing pay in the existing pay structure subject to revision of pension from 1st January, 2016.

These rules shall not apply to

(i)       Members of All India Services working in connection with the affairs of Government of Haryana;

(ii)      Officers of judicial services working in connection with the affairs of Government of Haryana;

(iii)     Persons not in whole time employment;

(iv)    Persons paid otherwise than on monthly basis, including those paid on a piece-rate basis or on daily wages basis or on contract basis or appointed under outsourcing policies;

Rule - 3. Definitions.

In these rules, unless the context otherwise requires;

(a)      "ACP Level" in relation to any Government employee means corresponding Assured Career Progression level in which the Government employee is eligible or entitled to be placed as a consequence of application of these rules in place of his present pay structure;

(b)      "applicable level" in the ACP Pay Matrix shall mean the ACP Level corresponding to the pay band and grade pay/scale as on 1st January, 2016 specified in Schedule-I;

(c)      "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;

(d)      "CSR" means the Civil Services Rules as applicable to Haryana Government employees as amended from time to time;

(e)      "direct recruit" means the post on which a Government employee was recruited as a regular and direct recruit fresh entrant in the Government service and is in continuous employment of Government since such recruitment;

(f)       "existing basic pay" means pay as on 1st January, 2016 or on the date of option in the present pay structure as on 31st December, 2015, it does not include any other type of pay like "special pay", "personal pay" etc;

(g)      "existing ACP pay structure" in relation to any post or any Government employee means the pre-revised ACP pay structure as on the date immediately before the coming into force of these rules.

(h)     "first/second/third assured career progression level under general ACP scheme" means the first/second/third financial upgradation in terms of higher level for all Government employees covered under the General ACP scheme, as mentioned in column 3, 4 and 5 respectively of Part II of Schedule I with reference to the functional grade pay as on 1st January, 2016 mentioned in column 3 of Part II of Schedule I, and shall be referred to as 1st ACPL, 2nd ACPL and 3rd ACPL respectively;

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

(j)       "Government employee" means the Government employees to whom these rules apply under rule 2;

(k)      "leave" means any sanctioned leave as defined in Civil Services Rules, except "casual leave".

Any type of absence without the sanction of competent authority shall not be considered as leave;

(l)       "memorandum explanatory" means the memorandum explanatory appended to these rules, as Annexure-I briefly explaining the nature, philosophy, justification, objectives, applicability etc. of these rules;

(m)    "present pay structure" in relation to a Government employee or post means the ACP Pay Band and Grade Pay admissible under the rules applicable immediately before the coming into force of these rules;

(n)     "persons" mean persons who are Government employees for the purposes of these rules;

(o)      "revised emoluments" means pay in the ACP level of a Government employee in the revised pay structure;

(p)      "Schedule" means Schedule appended to these rules.

Rule - 4. Cadre Specific Assured Career Progression Scheme.

The ACP Level mentioned in column 4 of Part I of Schedule I to certain cadres/posts/services mentioned in column 2 of Part I of Schedule I shall be admissible to the Government employees who become members of such specific cadres/services by way of direct recruitment or promotion subject to eligibility.

Rule - 5. General Assured Career Progression scheme.

Financial upgradation in the form of the first, the second and the third ACP Level as mentioned in column 3, 4 and 5 of Part II of Schedule I shall be admissible to all Government employees covered under this scheme with reference to the functional grade pay as on 1st January, 2016. However, in case of an employee holding a post after promotion, the entitled ACP level shall be the level of pay corresponding to the existing functional grade pay as on 1st day of January, 2016 of the promotional post.

Rule - 6. Eligibility for grant of cadre specific ACP Level.

For the grant of cadre specific ACP Level the eligibility conditions shall 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;

Note 1.  Where grant of ACP Level is restricted to the percentage of cadre strength, it shall be worked out in the following manner;

(i)       If ACPL is available to 20% (twenty percent) of the total cadre strength, the minimum strength of the cadre must be three. It shall be admissible to only one eligible Government employee where the cadre strength is of three to seven posts.

(ii)      If ACP is available to 15% (fifteen percent) of the total cadre strength, the minimum strength of the cadre must be four. It shall be admissible to only one eligible Government employee where the cadre strength is of four to ten posts.

Note 2.  Cadre strength mean total sanctioned post in a cadre.

Note 3.  See also Note 1 and 2 below rule 8.

Rule - 7. Eligibility for grant of ACP Level under the General ACP scheme.

(1)     Every Government employee covered under the general ACP scheme shall, for the purposes of drawal of pay, be eligible for the first ACP Level (given in column 3 of Part II of Schedule I in respect of the functional pay structure as on 1st day of January, 2016 of his post) if he has completed 8 (eight) years of regular satisfactory service and has not got any financial upgradation in these 8 (eight) years with reference to the functional pay structure of the post to which he was recruited as a direct recruit.

(2)     Every Government employee covered under the general ACP scheme shall, for the purposes of drawal of pay, be eligible for the second ACP Level (given in column 4 of Part II of Schedule I in respect of the functional pay structure as on 1st day of January, 2016 of his post) if he has completed 16 (sixteen) years of regular satisfactory service provided he has availed only one financial upgradation with reference to the functional pay structure of the post to which he was recruited as a direct recruit.

(3)     Every Government employee covered under the general ACP scheme shall, for the purposes of drawal of pay, be eligible for the third ACP Level (given in column 5 of Part II of Schedule I in respect of the functional pay structure as on 1st day of January, 2016 of his post) if he has completed 24 (twenty four) years of regular satisfactory service and has not got more than two financial upgradations so far with reference to the functional pay structure of the post to which he was recruited as a direct recruit.

(4)     In case of a Government employee who gets promoted, he shall be considered for the next ACP Level after he completes 8 (eight) years of regular satisfactory service in the promotional post without any financial upgradation after promotion and shall be entitled to the next ACP Level with reference to the level of the promotional post he holds:

Provided that a Government employee shall not be entitled to avail ACP upgradation if, he has already availed of three financial upgradation of any kind in his career.

Explanation 1.  "Regular Satisfactory Service" for the purpose of these rules shall mean the service on regular basis mentioned below shall be deemed to be satisfactory if no departmental or judicial proceedings are pending against the Government employee during this period and there are no adverse remarks about integrity in the Annual Confidential Reports of this period:-

(1)     Service from the date of joining to a post on regular basis in a Department of Haryana Government either by direct recruitment or otherwise.

(2)     The period spent on deputation/foreign service shall be counted towards 'Regular service' for the purpose of these rules.

(3)     All kinds of leave (excluding EOL without medical certificate) duly sanctioned by the competent authority.

(4)     On appointment from one Department to another under the Haryana Government by direct recruitment or otherwise, the past regular satisfactory service where the Pay Structure/Pay Level as well as line of service of both the posts are identical/same shall be counted. However, under these rules the Government employee shall not be considered until he completes the probation period of the new post satisfactorily. The financial upgradations already availed shall also be kept in view.

For the purpose of the explanation;

"Line of service" means same nature of job profile e.g. appointment from Engineering to Engineering cadre of the post of same pay structure cover under this rule. However, appointment, say from Conductor to Clerk is not covered.

(5)     Benefit of deemed date of appointment/promotion counted towards seniority.

(6)     The period of service rendered by a Government employee who while working on a regular basis is given adhoc promotion within the prescribed quota and subsequently regularized on the same post, then his period of service of adhoc promotion shall be treated as regular satisfactory service.

(7)     Past regular service rendered by surplus employees of any Department/Boards/Corporations of Haryana Government declared surplus and subsequently appointed on transfer basis or adjusted in other departments with the benefit of pay protection shall also be counted for the grant of ACP Level; provided the financial upgradations already availed shall also be taken into account.

Regular satisfactory service however, does not include

(1)     Service rendered on adhoc/contract/work-charged basis/daily wages followed by regularization, shall not be counted.

(2)     Past service(s) of an employee on his subsequent appointment by direct recruitment or otherwise to a post of lower or higher pay scale/pay structure. The financial upgradations already availed shall not be taken into account.

(3)     Past service rendered in any other State Government/Central Government before appointment in any Department of Haryana Government.

(4)     Military service (other than emergency military service counted towards seniority) rendered by an ex-serviceman before his re-employment in civil service.

Note 1. Resignation from service, to join subsequent appointment shall be a technical formality, if application for the same has been submitted through proper channel.

Note 2. The regular service defined above shall be deemed to be satisfactory if no departmental or judicial proceedings are pending against the Government employee. There are no adverse remarks about integrity in the Annual Confidential Reports during the period of regular service.

Explanation 2.  "Financial Upgradations" for the purpose of these rules shall mean any kind of following benefit(s) granted to a Government employee:-

(1)     Grant of 1st, 2nd or 3rd ACP upgradation under HCS (ACP) Rules, 1998 or 2008.

(2)     Promotion from one post to another in the same or higher pay scale with the benefit of next stage or one increment or more in the pay scale of promotional post.

(3)     Promotion while drawing pay in ACP Pay structure at a stage less than minimum of the pay scale or pay band of promotional post where pay is fixed at minimum of pay scale or pay structure of the promotional post with the benefit of equal to or more than one increment

(4)     Promotion before 1st January, 1996 with the benefit of next stage or more while drawing pay in Higher Standard Pay Scale.

(5)     Grant of Higher Standard Pay Scale provided pay was fixed directly from Higher Standard Pay Scale to ACP Pay Scale admissible under HCS (ACP) Rules, 1998.

(6)     Modification of Pay Level from a date after 1st January, 2016.

(7)     Benefit of Stepping up of ACP Scale or ACP Level for whatsoever reason, before or after 1st January, 2016.

(8)     Grant of Selection Grade provided the Government employee was promoted to a post of higher pay scale while drawing pay in Selection Grade of the feeder post.

(9)     Grant of benefit under special entitlement of Haryana Civil Services (Assured Career Progression) Rules, 1998/2008, as the case may be.

(10)   Grant of 2nd ACP directly on completion of 16 (sixteen) years or more regular satisfactory service shall be treated as two financial upgradations instead of one.

Benefits not to be treated a financial upgradation:-

(i)       Benefit of additional increment(s) at 11th/22nd stage or on 8/18 years service in Group 'C' or 'D' post.

(ii)      Grant of selection grade/Higher Standard Scale shall not be financial upgradation if pay has been fixed in functional pay scale at the time of general revision of pay scales.

(iii)     Promotions availed while working on ex-cadre posts) for a limited period provided the pay of ex-cadre post(s) has not been taken into account at the time of reversion to a cadre post. For example, initial appointment as Clerk, then Clerk to Steno-typist and to Junior Scale Steno by way of department examinations, thereafter promotion to a post of Assistant with reference to seniority as Clerk, provided neither the pay of Steno-typist nor that of Junior Scale Steno has been taken into account at the time of fixation of pay of Assistant.

Rule - 8. Other general conditions of eligibilities of ACP Level.

The following general conditions shall also be fulfilled by a Government employee for availing benefit of ACP Level:-

(a)      after completing the respective prescribed period for eligibility for the grant of any of 1st, 2nd or 3rd ACP Level the Government employee shall be fit to be promoted to the immediate next higher post only in the functional hierarchy in his cadre, but despite of fitness he could not be functionally promoted due to lack of vacancy or otherwise on the promotional post in the hierarchy to which he is eligible to be promoted;

(b)      if such promotion involved passing of any departmental or other test, acquisition of higher educational qualification, etc., such condition shall also be fulfilled by the Government employee.

Exception.  The condition of educational qualification and departmental test, if any, shall not be applicable to Group D employees while determining the eligibility for ACP Level where there is no promotional post in the hierarchy other than the post for which educational qualification of Matriculation or above is essential.

Note 1. When a Government employee is not fit for promotion due to departmental/judicial proceedings pending against him or otherwise on the date of eligibility for grant of ACP Level, he shall not be granted the benefit of ACP Level until he is declared fit for promotion, it has also consequential effect on subsequent ACP upgradation.

Note 2. Where a Government employee is denied for grant of benefit of ACP Level due to departmental proceedings pending against him, and subsequently another charge sheet is also issued in connection with another case but in the meanwhile if the previous charge sheet is dropped he shall be granted the benefit of ACP Level provided the same is otherwise admissible before the date of issue of subsequent charge sheet.

Note 3. ACP Level will be granted from the 1st day of the following month in which a Government employee becomes eligible for the same.

Note 4. Where there is no promotional post in the hierarchy, in such case the ACP Level shall be granted on completion of prescribed regular satisfactory service only.

Rule - 9. Responsibility to be discharged etc.

On placement in the ACP Level, the Government employee shall continue to hold operational duties of his previous post held by him and shall continue to hold the previous designation till such time as he is actually promoted to the higher post on the occurrence of a vacancy.

Rule - 10. Consequences of ACP Level etc.

Placement in the ACP Level shall entitle only financial benefit of drawal of pay and allowances on pay in the ACP Level. 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 or officiating capacity, while drawing pay the ACP Level.

Rule - 11. Grant of Assured Career Progression Level.

(1)     Rule 6, 7 and 8 only prescribe eligibility conditions for placement in the relevant ACP Level and does not authorize automatic placement in ACP Level in which Government employee is eligible to be placed under these rules. The authority competent to grant promotion in case of a Government employee shall be required to pass suitable orders for grant of ACP Level under these rules, authorizing the placement of a Government employee in the appropriate ACP Level.

Before passing such order under rule 6 or 7, the authority competent shall ensure:-

(a)      that if there is a Departmental Promotion Committee, such Committee should consider the cases for grant of ACP Level 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)      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)      that the number of financial up-gradations granted to a Government employee, covered under ACP General Scheme is counted with reference to the pay scale or pay structure of the post to which the Government employee was inducted as a direct recruit fresh entrant. For this purpose, each financial upgradation will be counted as one upgradation. The benefit of ACP shall not be extended to a Government employee under ACP General Scheme if he has already availed three financial upgradations in his career by way of ACP or otherwise;

(d)      that provisions of these rules or any other rules or instructions issued by the Government from time to time have been complied with.

Explanation.  The "authority competent" for the purpose of this rule shall mean the authority competent to grant promotion to the next promotional post in the hierarchy.

(2)     The ACP Level so granted shall be effective from the 1st day of the following month in which a Government employee becomes eligible and not from the date on which the orders are issued by the competent authority, if the orders are issued by the competent authority on a date which is different from the due date of eligibility:

Provided that the Government employee shall draw his pay only after the orders for granting such pay structure are issued by the competent authority in the relevant ACP Level.

(3)     In case of Government employees who are drawing pay in ACP pay structure 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 Level corresponding to their ACP pay structure in which they are drawing their pay:

Provided that this deemed grant of ACP Level shall not affect his entitlement for revised pay structure in which he shall be placed as a consequence of application of these rules. Such Government employees shall be placed in the appropriate revised ACP Level as per their eligibility under these rules for the purposes of fixation of pay as a consequence of application of these rules.

Rule - 12. Admissibility of stepping up in certain cases.

If the service rules provide for or circumstances warrant filling up of a post through direct recruitment as well as through promotion, benefit of stepping up of ACP Level and/or pay shall be admissible to the senior employee appointed by promotion on the same post on which the junior direct recruit Government employee is drawing higher ACP Level. The condition of maximum three financial upgradations shall not be a bar. However, condition of satisfactory record and qualification etc. shall be fulfilled for the purpose of this rule. ACP Level and/or Pay shall be stepped up in the following manner;

(i)       If the Level of Matrix of senior is inferior than that of junior, the Level shall be stepped up;

(ii)      if both Level of Matrix as well as pay are inferior than both Level as well as pay shall be stepped up upto the extent admissible on grant of ACP Level subject to satisfactory record and eligibility.

Rule - 13. Special entitlement for ACP Level.

Where a Government employee after promotion from one post to another is drawing pay in the level inferior than his presumptive pay and/or ACP Level which shall have been admissible to him in 1st/2nd/3rd ACP Level had he not been promoted, he shall be granted difference of pay of promotional post and presumptive pay of ACP pay structure and/or change of level to ACP Level as a special entitlement:

Provided 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.

Rule - 14. Ceasing of entitlement of ACP Level.

(1)     A Government employee who foregoes his promotion in the line of hierarchy or seeks reversion on his own accord to feeder post on any ground whatsoever, while drawing pay in

(a)      3rd ACP Level, the pay shall be refixed in 2nd ACP Level;

(b)      2nd ACP Level, the pay shall be re-fixed in the 1st ACP Level;

(c)      1st ACP Level, the pay shall be re-fixed in the Functional pay structure, equal to the presumptive pay which shall have been admissible had he not been granted 3rd/2nd/1st ACP Level, as the case may be.

(2)     If such Government employee becomes ready to accept promotion, in such case the period of service between the date of foregoing promotion/reversion and date of application indicating readiness to accept the promotion, subject to minimum one year, shall be excluded from the regular satisfactory service for the purpose of grant of ACP Level. On assuming the charge of promotional post the pay shall be re-fixed equal to the pay drawn in ACP Pay structure immediately before foregoing promotion or fixation of pay of the promotional post under normal rules, whichever is higher:

Provided that the request for seeking reversion or foregoing promotion once accepted by the competent authority shall not be withdrawn. Once a Government employee has foregone his promotion or sought reversion to a feeder post, such foregoing/reversion shall remain in force for a minimum period of one year or upto the period he gives in writing to re-consider his name for promotion, whichever is later.

Rule - 15. ACP Levels of posts.

The ACP Level (ACPL) for the purpose of these rules shall be as under:

(a)      The revised ACP Level in case of cadre-specific ACP schemes shall be as mentioned in Part I of Schedule I:

(b)      The revised ACP Level 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 structures have been revised/modified on or before 1st January, 2016, the so revised scales shall be considered as the functional scales of those posts for the purpose of this rule.

Rule - 16. Drawal of pay in revised ACP Level.

(1)     Save as otherwise provided in these rules, a Government employee shall draw pay in the revised ACP Level, that is in 1st ACPL or 2nd ACPL or 3rd ACPL, as applicable in his case:

Provided that a Government employee may elect to continue to draw pay in the present pay structure until the date on which he earns his next increment in the present pay structure or until he vacates his post or ceases to draw pay in the present pay structure:

Provided further that in cases where a Government employee has been granted ACP, between 1st day of January, 2016 and the date of notification of these rules may elect to switch over to the revised pay structure from the date of grant of such ACP, 1st July, 2016, as the case may be.

Explanation 1.  The option to retain the present pay structure under the proviso to this rule shall be admissible in respect of only one pay structure.

Explanation 2.   Where an ACP Grade Pay of a post has been upgraded by way of merger, the employee granted ACP Pay Structure of such post, between the period from 1st January, 2016 and the date of notification, may opt for revised pay structure from a date of grant of ACP Pay Structure or 1st July, 2016 but in that case the existing basic pay admissible on the date of option in the ACP pay structure as on 31st December, 2015 of the post shall be taken into account for the purpose of fixation of pay in the revised ACP pay structure.

Explanation 3.   The aforesaid option shall not be admissible to any person granted ACP for the first time on or after the 1st day of January, 2016, and he shall be allowed pay only in the revised pay structure.

Rule - 17. Exercise of option.

(1)     The option under the provisos to rule 16 shall be exercised in writing in the form appended to these rules so as to reach the authority mentioned in sub-rule (2) within three months from

(a)      the date of notification of these rules; or

(b)      the date where revision in the pay structure and/or refixation of pay with retrospective effect is made by any order subsequent to the date of notification of these rules;

Provided that

(i)       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 either on leave or deputation or 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 India; and

(ii)      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 shall be intimated by the Government employee to the Head of his office along with an undertaking, in the form appended to these rules.

(3)     If the intimation regarding option is not received within the time mentioned in sub-rule (1), the Government employee shall be deemed to have elected to be governed by the revised ACP pay structure w.e.f. the 1st day of January, 2016.

(4)     The option once exercised shall be final.

Note 1.   Persons whose services were terminated on or after the 1st January, 2016, and who could 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, shall be entitled to exercise option under sub-rule (1).

Note 2.  Persons who have died on or after the 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 favorable and in such cases, necessary action for payment of arrears should 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).

Rule - 18. Fixation of pay in the revised ACP pay structure.

The pay of a Government employee who elects or is deemed to have elected under rule 17 to be governed by the revised ACP pay structure on and from the 1st day of January, 2016, shall be fixed in the following manner namely:-

(a)      In the case of all employees covered under ACP Schemes

(i)       The pay in the applicable ACP 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 ACP Level and if such an identical figure corresponds to any Cell in the applicable ACP Level, the same shall be the pay, and

(ii)      If no such Cell is available in the applicable ACP Level, the pay shall be fixed at the immediate next higher Cell in that applicable ACP Level. If the minimum of the revised ACP Level is more than the amount arrived at as per (i) above, the pay shall be fixed at the minimum of the revised ACP Level;

Where a Government employee has been granted ACP between the period from 1st January, 2016 and the date of notification, to a post the Grade Pay of which has been merged with higher grade pay or upgraded, opt for revised pay structure from a date later than 1st January, 2016 but in their case the pay structure as on 31st December, 2015 of the post held by them on the date of option shall be taken into account.

(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 in respect of whom Non-Practicing Allowance (NPA) is admissible, the pay in the revised ACP pay structure shall be fixed in the following manner; namely:-

(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 the ACP Level and if such an identical figure corresponds to any Cell in the applicable ACP level, 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.

Note 1.  A Government employee who is on leave including Study Leave on the 1st day of January, 2016, and is entitled to leave salary shall be entitled to pay in the revised ACP pay structure from 1st day of January, 2016 or the date of option for the revised pay structure.

Note 2.  In case of Government employee under suspension, he shall continue to draw subsistence allowance based on existing pay structure and his pay in the revised ACP pay structure will be subject to final order on the pending disciplinary proceedings or otherwise a final order, as the case may be.

Note 3.  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.

Note 4.  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.

Note 5.- (a) Where in the fixation of pay under this rule, the pay of a Government employee, who, in the existing ACP 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 ACP 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.

(b) In case where a senior Government employee granted ACP pay structure before the 1st day of January, 2016, draws less pay in the revised ACP pay structure than his junior who is granted ACP level on or after the 1st day of January, 2016, the pay of the senior Government employee should be stepped up to an amount equal to the pay in the ACP pay structure as fixed for his junior. The stepping up should be done with effect from the date of grant of ACP level to the junior Government employee.

The stepping up under (a) and (b) above shall be done subject to the fulfillment of the following conditions, namely:-

(i)       both the junior and the senior Government employees should belong to the same cadre and the ACP pay structure should be identical;

(ii)      the present pay structure and the revised ACP pay structure of the lower and higher posts in which they are entitled to draw pay should be the same;

(iii)     the senior Government employee at the time he moved into 1st, 2nd or 3rd ACP, as the case may be, should have been drawing equal or more pay than that of the junior;

(iv)    the anomaly is directly as a result of the application of the provisions of Civil Services Rules 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 present pay structure than senior by virtue of any advance increment(s) or otherwise granted to him on a personal measure, the provisions of this sub-rule shall not be invoked to step up the pay of the senior officer.

(c) The order relating to re-fixation of the pay of the senior officer in accordance with clause (a) and (b) shall be issued under the Haryana Civil Services Rules 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.

Note.  The placement in the first, second or third ACP Level, as the case may be, does not amount to a functional promotion but the benefit of one increment @ 3% (three percent) is admissible in the ACP Level. On promotion from one post to another of higher level while drawing pay in ACP Pay structure the benefit of one increment of promotion shall also be admissible, however, such benefit of promotion shall not be admissible where the level of promotional post is identical to or lower than the ACP Level in which the Government employee is drawing his pay before promotion.

Rule - 19. Date of next increment in the revised ACP pay structure.

(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 grant of ACP upgradation.

Provided further that a Government employee who does not complete six months qualifying service before the date of normal increment due on 1st July or 1st January, as the case may be, his date of next increment shall be changed to 1st January or 1st July and shall be granted subject to admissibility.

(2)     The increment in respect of an employee on grant of financial upgradation 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 on grant of financial upgradation during the period between the 2nd day of July and 1st day of January (both inclusive) shall be granted on 1st day of July.

(a)      In case of an employee granted ACP during the period between the 2nd day of July, 2016 and the 1st day of January, 2017, the first increment shall accrue on the 1st day of July, 2017 and thereafter it shall accrue after one year on annual basis.

(b)      In case of an employee granted ACP during the period between 2nd day of January, 2016 and 1st day of July, 2016, who did not draw any increment on 1st day of July, 2016, the next increment shall accrue on 1st day of January, 2017 and thereafter it shall accrue after one year on annual basis:

Provided that in the case of employees whose pay in the revised ACP 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.

Rule - 20. Fixation of pay from a date subsequent to the 1st day of January, 2016.

Where a Government employee continues to draw his pay in the present pay structure is brought over to the revised pay structure from a date later than the 1st day of January, 2016, his pay from the later date in the revised pay structure shall be fixed in accordance with clause (A) of sub-rule (1) of rule 18.

Rule - 21. Fixation of pay on placing in ACP Level on or after 01.01.2016.

(1)     In the case of moving from one level to another in the revised ACP Level, the fixation shall be done as follows:

One increment shall be added in the Cell of the Level of Government employee in which he is drawing pay immediate before the grant of ACP level and he shall be placed at a Cell equal to the figure so arrived at in the ACP Level and if no such Cell is available in the ACP Level, he shall be placed at the next higher Cell in that ACP Level.

On enhancement in presumptive pay of previous level due to increment or otherwise while drawing pay in the ACP Level, the pay of present level shall be re-fixed as if the incumbent has been granted ACP Level on the date of such enhancement, if it is advantageous to him, as provided in rule 4.14 (2) of Punjab Civil Services Rules Volume-I Part-I, applicable prior to 19th July 2016 and rule 21 of Haryana Civil Services (Pay) Rules 2016, applicable from the 19th July, 2016.

Rule - 22. Mode of payment of arrears of pay.

The arrears shall be paid in cash preferably during the current financial year 2016-17.

Explanation.  For the purposes of this rule;

(a)      "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 period effective from the 1st day of January, 2016; 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;

(b)      The Interim Relief ` 2,000/- (Two thousand rupees only) per month paid to Group C and D employees is discontinued from 1st January, 2016 and the same paid from 1st January, 2016 onwards shall be recovered from them.

(c)      The Risk Allowance of Rs. 5,000/- (Five Thousand rupees only) per month granted to the personnel of Haryana Police and Prisons Department Haryana vide instructions dated 19th December, 2013 shall be continued till such time as may be separately ordered by the Government.

Rule - 23. Overriding effect of rules.

The provisions of Civil Services Rules 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.

Rule - 24. Power of relax.

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 employees and therefore, shall not amount to any discrimination with other class and categories of Government employees.

Rule - 25. Power to make addition or deletion etc.

Where the Government is satisfied that there is a necessity to make additions or delete any class or categories of posts or change the designations and structure of pay either permanently or temporarily in the Schedules of these rules, the Government shall be competent to add or delete or 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.

Rule - 26. Interpretation.

If any question arises relating to the interpretation of any of the provisions of these rules, it shall be referred to the Finance Department through Administrative Department concerned.

Rule - 27. Residuary provisions.

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 shall prescribe the conditions to be followed under such circumstances. Such conditions as prescribed by the Government 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-A