Himachal
Pradesh Civil Services (Revised Pay) Rules, 2022
[03rd
January 2022]
In exercise of the powers
conferred by proviso to article 309 and clause (3) of article 187 of the
Constitution of India read with proviso to sub-rule (1) of rule 10 of the
Himachal Pradesh Vidhan Sabha Secretariat (Recruitment and Conditions of
Service) Rules, 1974, the Governor, Himachal Pradesh, is pleased to make the
following rules, namely: -
Rule - 1. Short title and Commencement.
(1)
These rules may be called the Himachal
Pradesh Civil Services (Revised Pay) Rules, 2022.
(2)
They shall be deemed to have come into force
on and with effect from the first day of January, 2016.
Rule - 2. Application.
(1)
Save as otherwise expressly provided by or
under these rules, they shall apply to all the persons appointed on regular
basis to the services and posts in connection with the affairs of the State of
Himachal Pradesh and whose pay is debited to the Consolidated Fund of State of
Himachal Pradesh.
(2)
They shall not apply to the; -
(a)
members of the All India Services of Himachal
Pradesh cadre;
(b)
judicial officers and employees of
Subordinate Judiciary in the State whose pay scales are regulated by separate
enactment/ order;
(c)
employees whose scales of pay have been
determined on the recommendations of the University Grants Commission;
(d)
persons not in the whole-time employment of
the Government of Himachal Pradesh;
(e)
persons paid out of contingencies and daily
wagers;
(f)
work-charged employees;
(g)
persons employed on contract basis; and
(h)
persons specifically excluded wholly or in
part from the operation of these rules.
Rule - 3. Definitions.
In these rules, unless there is anything repugnant in the subject or context;
(a)
"Appointed day means the first day of
January, 2016, on and from which day, effect is to be given to these rules;
Provided that in the case of
a Government employee, who opts for the revised pay structure from the date
subsequent to first day of January, 2016, but not later than the day of
issuance of this Notification, the appointed day in his case shall mean the day
from which he opts for revised pay structure;
(b)
"Applicable Level" in the Pay
Matrix shall mean the level of post corresponding to the Pay Band and Grade Pay
in terms of Himachal Pradesh Civil Services (Revised Pay) Rules, 2009, as
specified in the Schedule annexed to these rules;
(c)
"existing basic pay" or
"pre-revised basic pay" means pay drawn in the prescribed existing
Pay Band and Grade Pay including ex-gratia annual increment(s) on the date of
migration to revised pay structure opted by a Government employee under rule 6,
but does not include any other type of pay like Special Pay, Non-Practicing
Allowance, Secretariat Pay etc;
(d)
"existing Pay Band and Grade Pay"
in relation to a Government employee means the Pay Band and Grade Pay
applicable to the post held by Government employee or higher pay structure
granted under the Assured Career Progression Scheme or Personal scale, if any,
allowed to him, as the case may be, on the appointed day, whether in a
substantive or officiating capacity;
(e)
existing pay structure in relation to
Government employee means the present system of Pay Band and Grade Pay
applicable to the post held by the Government employee in terms of Himachal
Pradesh Civil Services (Revised Pay) Rules, 2009, as on date immediately prior
to coming into force of these Rules, whether in a substantive or officiating
capacity.
Explanation:- The expression
existing basic pay, existing pay band and grade pay and existing pay structure
in respect of a Government employee who on the 1st day of January, 2016, was on
deputation out of India or on leave or on foreign service, or who would have on
that date officiated in one or more lower post(s), but for his officiating in a
higher post, shall mean such basic pay, pay band and grade pay and pay
structure, in relation to the post which he would have held but for his being
on deputation out of India or on leave or on foreign service or officiating in
a higher post, as the case may be;
(f)
"existing emoluments" means the sum
of;
(i)
existing basic pay as on the 3pt day of
December, 2015 or on any subsequent date, on or after 1st day of January, 2016,
as the case may be, as per option;
(ii)
dearness allowance appropriate to the pay in
the existing basic pay; and
(iii)
interim relief granted from time to time;
(g)
"Government" means the Government
of Himachal Pradesh;
(h)
"Pay Matrix" means Matrix as
specified in the Schedule annexed to these rules with Levels of pay arranged in
vertical cells corresponding to the existing Pay Band and Grade Pay in terms of
Himachal Pradesh Civil Services (Revised Pay) Rules, 2009;
(i)
"Pay in the Level" means pay drawn
in the appropriate Cell of the Level as specified in the Schedule;
(j)
"revised pay structure" in relation
to a post means the Pay Matrix and the Levels specified therein corresponding
to the existing Pay Band and Grade Pay of the post as per Himachal Pradesh
Civil Services (Revised Pay) Rules, 2009, unless a different revised Level is
notified separately for that post;
(k)
"revised basic pay" in the revised
pay structure means the pay drawn in the prescribed Level in the Pay Matrix,
but does not include any other type of pay like Special Pay, Non Practicing
Allowance, Secretariat Pay etc.;
(l)
"revised emoluments" means the pay
in the applicable Level of post in the Pay Matrix, which includes dearness allowance;
(m)
"Revised (Pay) Rules, 2009" means
Himachal Pradesh Civil Services (Revised Pay) Rules, 2009 notified vide
Notification No. Fin-(PR)B(7)-l/2009 dated 26th August, 2009;
(n)
"Re-Revision 2012" in relation to
Government employee means the higher Pay Band and/or Grade Pay granted under
the Himachal Pradesh Civil Services (Category /Post wise Revised Pay) Rules,
2012, notified vide notification No. Fin(PR)- B(7)-64/2010-loose dated 24th
September, 2012; and
(o)
"Schedule" means the Schedule
appended to these rules.
Rule - 4. Level of posts.
The Level of posts shall be determined in accordance with various Levels as
assigned in the Pay Matrix corresponding to existing Pay Band and Grade Pay as
per Revised (Pay) Rules, 2009.
Rule - 5. Drawl of pay in the revised pay structure.
Save as otherwise provided in these rules, a Government employee shall draw pay
in the Level of Pay Matrix in the revised pay structure applicable to the post
to which he is appointed.
Rule - 6. Exercise of option.
(1)
The Government employee shall exercise option
in the Form appended to these rules so as to reach the authority specified in
sub-rule (2), within a period of one month from the date of notification of
these rules:
Provided that:-
(i)
in the case of a Government employee, who on
the date of notification of these rules, is out of India or on leave or on
deputation or on foreign service or on active service, the option shall be
exercised in the said Form so as to reach the said authority within a period of
one month from the date of his taking the charge of his post under the State
Government, if that date is later than the date specified in this sub-rule; and
(ii)
where a Government employee is under
suspension on the date of notification of these rules, the option shall be
exercised within a period of one month from the date of his return to his duty,
if that date is later than the date specified in this sub-rule.
(2)
The option in the Form shall be submitted by
the Government employee to the Head of the Office.
(3)
If the option is not received within the time
specified in sub-rule (I), the Government employee shall be deemed to have
opted/ elected to be governed by the revised pay structure with effect from
first day of january, 2016. The Head of the Office shall determine his pay in
the revised pay structure with reference to provisions of rule 7 of these
rules.
(4)
The option once exercised shall be final.
Note 1. Persons, whose
services were terminated on or after the first day of january, 2016 and who
could not exercise their option within the specified period, on account of
discharge on the expiry of the sanctioned posts, resignation, dismissal or
discharge on disciplinary grounds, shall be entitled to the benefits under
these rules, if otherwise admissible.
Note 2. Persons, who have
died on or after the first day of january, 2016 and could not exercise the
option within the specified period shall be deemed to have opted for the
revised pay structure on and from the first day of january, 2016 or any
subsequent date which is most beneficial to their dependents.
Note 3. Persons, who were on
earned leave or any other leave on the first day of january, 2016, which
entitled them to leave salary, shall be allowed the benefits admissible under
these rules.
Rule - 7. Fixation of pay in the revised pay structure.
(I)
The basic pay of a Government employee shall,
unless in any case, the Government by special order otherwise directs, be fixed
in the revised pay structure in the following manner:-
(1)
Fixation of Pay of Government employees
recruited/ appointed before 01.01.2016 ;
(a)
The posts/categories, whose Pay Band and/or
Grade Pay was not re-revised after implementation of Revised (Pay) Rules, 2009
;
The pay in applicable Level
in Pay Matrix as on 01.01.2016 shall be the pay obtained by multiplying the
existing basic pay as on 31.12.2015 by a factor 2.59, rounded off to the
nearest rupee, figure so arrived at, after rounding of, shall be located in the
respective Level in the Pay Matrix and same shall be the pay. 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. (See Illustration
No.1).
(b)
The posts/categories, whose Pay Band and/or
Grade Pay was re-revised under the Re-Revision 2012:
The pay of a Government
employee shall be determined under two methodologies as under, namely:-
(i)
Taking into consideration the impact of
Re-Revision 2012:
The pay in the applicable
Level in the Pay Matrix, as on the 1st day of January, 2016, shall be the pay
obtained by multiplying the existing basic pay as on 31.12.2015 by a factor of
2.25, rounded off to the nearest rupee. The figure so arrived at, after
rounding, shall be located in the respective Level in the Pay Matrix and same
shall be the pay. 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. (See Illustration NO.2)
(ii)
Ignoring the impact of Re-Revision 2012:
The second method involves
calculating the notional pay of the Government employee after excluding/
ignoring the benefit of Revision 2012. Under this method, the pay of a
Government employee, as on 31.12.2015, shall be fixed notionally, as per
Revised (Pay) Rules, 2009, by excluding the benefit of Re-Revision2012 and
presumptive pay so worked out as on 31.12.2015 shall be multiplied by the
factor of 2.59 to arrive at the revised pay as on the first day of January, 2016:
(See Illustration No.3 and 4)
Provided that Government
employee whose date of Joining was before 1.1.2016 and benefit of revision 2012
was allowed to him on or after 1.1.2016, he shall have the option either to get
his pay fixed notionally as on 31.12.2015 under the Revised (Pay) Rules, 2009
and presumptive pay so worked out as on 31.12.2015 shall be multiplied by the
factor of 2.59 to arrive at the revised pay with effect from 1.1.2016 or get
his basic pay (Pay in the pay band + grade pay) multiplied by a factor of 2.25
to arrive at revised pay on appointed day. The pay so arrived at on appointed
day, shall be rounded off to nearest rupee and figure shall be located in the
respective Level in the Pay Matrix and same shall be the pay. 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. (See illustration NO.5
and 6).
(iii)
The Government employee shall be at liberty
to choose one of the above two methods, as per Rule 7 (I)(b)(i) or 7(I)(b)(ii),
whichever is beneficial to him, to arrive at his revised pay.
(II)
Fixation of Pay of regular Government
employees recruited/ appointed on or after 01.01.2016 to till the date of
issuance of these Rules: The pay of Government employees shall be determined/
revised in following manner:-
(a)
The posts/categories, whose Pay Band and/or
Grade Pay was not re-revised under Re-Revision 2012:
(i)
The date for the purpose of fixation of
revised pay shall be the date of joining.
(ii)
The Basic Pay (Pay in Pay Band + Grade Pay)
admissible on the date of joining shall be multiplied by a factor of 2.59 and
rounded off to nearest rupee. The figure so arrived at, after rounding, shall
be located in the respective Level in the Pay Matrix and same shall be the pay.
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:
Provided that pay of
Government employee shall not be less than the minimum pay in First Cell of the
applicable Level in Pay Matrix. (See Illustration NO.7 and 8)
(b)
The posts/categories, whose Pay Band and/or
Grade Pay was re-revised under Revision 2012: The pay of Government employee
whose Pay Band and/or Grade Pay was re-revised in 2012 shall be determined/
revised by adopting two methods as under, namely: -
(i)
Taking into consideration the impact of
Re-Revision 2012:
(ii)
The pay in the applicable level in the Pay
Matrix, as on the date of grant of higher pay band and/or grade pay, shall be
the pay obtained by multiplying the existing basic pay (Pay in the Pay band +
grade pay) by a factor of 2.25 and rounded off to the nearest rupee, The figure
so arrived at, after rounding, shall be located in the respective Level in the
Pay Matrix and same shall be the pay. 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. (See Illustration No.9)
Ignoring the impact of
Re-Revision 2012:
In second method, basic pay
(Pay in the Pay Band + Grade pay) of the Government employee, as on date of
joining, shall be fixed notionally by excluding/ignoring the benefit of Revision
2012 and presumptive pay so worked out shall be multiplied by a of factor 2.59
and rounded off to nearest rupee. The figure so arrived at, after rounding,
shall be located in the respective Level in the Pay Matrix and same shall be
the pay. 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 subject to
provision that the pay of Government employee shall not be less than the
minimum pay in first Cell of the applicable Level of Pay Matrix. (See
Illustration No.IO)
(iii)
The Government employee shall be at liberty
to choose one of the above two methods i.e. 7 (lI)(b)(i) or 7 (lI)(b)(ii),
whichever is beneficial to him/her, to arrive at his revised pay.
Note 1. Wherever, word
applicable Level of Pay Matrix is appearing in these rules, it shall be the
Level of post in Pay Matrix corresponding to the pay band and grade pay of that
particular post under the Revised (Pay) Rules, 2009.
Note 2. Where the increment
of a Government employee falls on the first day of January, 2016, he shall have
the option to draw the increment in the existing scale or in the revised pay
structure.
Note 3. A Government
employee, who is on leave on the 1st day of January, 2016 and is entitled to
leave salary, shall be entitled to pay in the revised pay structure from the p
t day of January, 2016.
Note 4. A Government
employee under suspension shall continue to draw subsistence allowance based on
the existing scale and his pay in the revised pay structure shall be subject to
the final order on the pending disciplinary proceedings.
Note 5. The Interim Relief
already allowed to the employees from time to time shall be adjusted in the
revised emoluments and the employees shall be entitled to draw only the
additional amount on account of the difference between the revised emoluments
and the emoluments is drawn by the employees on the corresponding date. In
case, emoluments in the revised pay structure becomes lower than the emoluments
being drawn on the corresponding date, due to payment of Interim Relief, the
extra amount, if any, shall be adjusted against the Pay Arrears and future
increases of salary on account of grant of annual increments/dearness allowance
etc.
(III)
Protection of benefits under the existing
Assured Career Progression Scheme:
(i)
Where a Government employee was drawing the
benefit of increment(s) and lor higher pay scale under the un-revised pay scale
before the date of publication of the Himachal Pradesh Civil Services (Revised
Pay) Rules, 2022, on account of progression under the Assured Career
Progression Scheme of the Government of Himachal Pradesh, he shall be entitled
to draw such benefit under the revised pay structure. His pay on the date of
grant of such progression shall be fixed by grant of increments at the rate
specified in rule 10.
(ii)
In case of those Government employees who are
entitled to the benefits of increments and/or next higher pay scale on account
of progression under the existing Assured Career Progression Scheme of the
Government of Himachal Pradesh but their cases have not been finalized before
the date of publication of Himachal Pradesh Civil Services (Revised Pay) Rules,
2022, such cases will be dealt in accordance with the provisions of existing
Assured Career Progression Scheme as modified from time to time.
(iii)
The benefit of existing Assured Career
Progression Scheme would not be admissible after the notification of these
rules, until separate notification or instructions in this regard is issued by
the Government.
(IV)
Fixation of pay of employees appointed by
direct recruitment on or after issuance of these rules: -
The pay of Government
employees shall be fixed at First Ceil in the Level of Pay Matrix, applicable
to the post to which such employees are appointed.
Rule - 8. Fixation of pay on promotion.
The fixation of pay in case of promotion from one Level to another in the
revised pay structure shall be made in the following manner, namely: -
(I)
the Government employee shall progress ahead
on the horizontal range in Pay Matrix on Promotion/ non-functional financial
upgrade;
(II)
on promotion from one Level to another, the
Government employee shall have an option to get his pay fixed in the higher
post either from the date of his promotion or from the date of his next
increment. The option may be exercised within a period of one month from the
date of his promotion;
(III)
in case, the Government employee opts to get
his pay fixed on the higher post from the date of his promotion, one increment
shall be given in the Level from which the Government employee is promoted and
he shall be placed at a Cell equal to the figure so arrived at in the Level of
the post to which promoted, and if no such Cell is available, he shall be
placed at the next higher Cell in that Level. The next increment in the higher
post shall be granted after completion of qualifying service of twelve months
(See Illustration No. 11);
(IV)
in case, the Government employee opts to get
his pay fixed from the date of his next increment, in the Level of the post
from which Government employee is promoted, his pay shall be regulated as
under: -
(a)
from the date of promotion till his date of
next increment, the Government employee shall be placed at the next higher Cell
in the Level of the post to which he is promoted;
(b)
subsequently, on the date of next increment,
in the Level of the post to which Government employee is promoted, his pay
shall be re-fixed and two increments (one accrued on account of annual
increment and the second accrued on account of promotion) may be granted in the
Level from which the Government employee is promoted and he shall be placed, at
a Cell equal to the figure so arrived, in the Level of the post to which he is
promoted; and if no such Cell is available in the Level to which he is
promoted, he shall be placed at the next higher Cell in that Level (See
Illustration No. 12); and
(c)
The next increment in the higher post in this
case shall be granted after completion of qualifying service of twelve months
from the date of re-fixation; and
(V)
In case of a Government employee, who stand
promoted between the period from 1st day of January, 2016 to the date of
notification of these rules, the option may be exercised by him within a period
of one month from the date of such notification along with the option for pay
revision as per rule 6. The option once exercised shall be final. The pay
structure of promotional post in the level of Pay Matrix shall be corresponding
to the pay band and grade pay of such post under the Revised (Pay) Rules, 2009.
Rule - 9. Stepping up of pay under these rules.
The anomaly in pay arisen due to revision of pay under these rules shall be
regulated as under;
(1)
Cases where stepping up will be admissible
subject to provisions of sub-rule (ii) of this rule:
(i)
Where in the fixation of pay under these
rule, a Government employee, who in the existing pay structure, was drawing
immediately before the first day of January, 2016, equal or more pay than
another Government employee junior to him in the same cadre, gets his pay fixed
in the revised pay structure in a Cell lower than that of such junior, his pay
shall be stepped up to the same Cell in the revised pay structure as that of
the junior.
(ii)
In case, where a senior Government employee
promoted to a higher post before the first day of January, 2016, draws less pay
in the revised pay structure than his junior, who is promoted to a higher post
on or after the first day of January, 2016, the pay of the senior Government
employee, shall be stepped up in the revised pay structure to an amount equal
to the pay, as fixed for his junior in that higher post. The stepping up shall
be done with effect from the date of promotion of the junior Government
employee subject to fulfillment of the following conditions, namely:-
(a)
the junior and the senior Government employees
should belong to the same cadre and the posts in which they have been promoted
should also be identical in the same cadre;
(b)
the existing Pay Structure and Pay Matrix
Level of the lower and higher posts in which they are entitled to draw pay
should be identical;
(c)
the senior Government employee at the time of
promotion to higher level should have been drawing equal or more pay than his
junior;
(d)
the anomaly in pay should be directly as a
result of application of the provisions of these rules:
Provided that the benefit of
stepping up of pay can be allowed to the senior second time, if the anomaly has
arisen with reference to the pay of the same junior in respect of whom the pay
of the senior was stepped up first time:
Provided further that the
senior Government employee shall be entitled to earn next increment on the same
date as that of his junior with respect to whom he had got step up in his pay.
(2)
Cases, where stepping up of pay will not be
admissible:
(i)
If difference in pay is due to exercise of
option for pay fixation on revision by a different factor.
(ii)
If difference in pay is due to the
application of the instructions issued by the Government with regard to
implementation of Assured Career Progression Scheme.
(iii)
If the senior Government employee exercises an
option to get his promotion/ pay fixation, postponed.
(iv)
If in the lower post, the junior Government
employee was drawing more pay in the existing scale/pay structure than his
senior by virtue of any advance increment(s) granted to him or due to any inflation
in pay other than by way of normal pay fixation.
(v)
The increment of senior employee should not
stopped/withheld due to otherwise.
Rule - 10. Rate of increment in the revised pay structure.
The rate of increment in the revised pay structure shall be three percent (3%)
of the basic pay, uniformly for all the Government employees, which is
reflected in the vertical range of each Cell of the Pay Matrix (See
Illustration No. 13):
Provided that a Government
employee who reaches the maximum of the Pay Matrix Level applicable to him
shall not be granted any further increment.
Rule - 11. Date of next increment.
The next increment of a Government employee, whose pay has been fixed in the
revised pay structure in accordance with rule 7 shall be granted on the date,
he would have drawn his increment, had he continued in the existing scale:
Provided that a Government
employee whose pay is fixed on the first day of January, 2016 at the same stage
as the one fixed for another Government employee junior to him in the same
cadre and drawing pay at a lower or equal stage than his senior in the existing
scale, he shall be granted the next increment on the same date as admissible to
his junior, if the date of increment of the junior happens to be earlier.
Note:- The increment of such
senior Government employee should not have been stopped/ withheld due to
penalty or otherwise.
Rule - 12. Drawl of revised pay.
(1)
The revised pay under these rules shall be
drawn from the month of January, 2022 (payable in month of February, 2022).
(2)
The Government employee who was on extension
in service as on 01.01.2016 or thereafter, shall not be paid any arrears, if
any, for the extended period of service due to revision of pay as per
provisions of these rules.
Rule - 13. Arrear of revised pay.
Notwithstanding anything contained in these rules, the arrears with effect from
the 1st January, 2016, to 3pt December, 2021, shall be paid in such manner and
at such time as may be approved by the Government.
Rule - 14. Overriding effect.
The provisions of the Fundamental Rules, OM No. Fin C-(8)-9/79 dated 2nd
November, 1979, the Himachal Pradesh Civil Services (Revised Pay) Rules, 1988,
the Himachal Pradesh Civil Services (Revised Pay) Rules, 1998, the Himachal
Pradesh Civil Services (Revised Pay) Rules, 2009 and Himachal Pradesh Civil
Services (Category /Post wise Revised Pay) Rules, 2012 as amended from time to
time, shall not save as otherwise provided in these rules, apply to the cases
where pay is regulated under these rules to the extent they are inconsistent
with these rules.
Rule - 15. Power to relax.
Where the Government is satisfied that the operation of these rules causes
undue hardship to any individual Government employee or class of Government
employees, it may, by an order in writing, relax or dispense with any of the
provisions of these rules to such extent and subject to such conditions, as it
may consider necessary.
Rule - 16. Interpretation.
If any question arises relating to the interpretation of any of the provisions
of these rules, the Government shall decide the same.