Punjab Civil Services (Revised Pay) Rules, 2021

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[05 July 2021]

No. 09/01/2021-5FP1/671.- In exercise of the powers conferred by the proviso to Article 309 read with clause (3) of Article 187 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Punjab, after consultation with the Speaker of the Punjab Vidhan Sabha, in so far as such consultation is necessary, in terms of the provisions of clause (3) of the said Article 187, is pleased to make the following rules, namely:-

Rule - 1. Short title and commencement :-

(1)     These rules may be called the Punjab Civil Services (Revised Pay) Rules, 2021.

(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 to the services and posts in connection with the affairs of the State of Punjab and staff of the Punjab Vidhan Sabha Secretariat provided that the staff of the Punjab Vidhan Sabha shall get pay/allowances and other benefits at par with the staff of the Punjab Civil Secretariat as per provisions of rule 14 of the Punjab Vidhan Sabha Secretariat Services Rules, 2007.

(2)     They shall not apply to the-

(a)      members of the All India Services serving in connection with the affairs of the State of Punjab;

(b)      Government employees recruited in the service of the State of Punjab or the Punjab Vidhan Sabha, on or after 17.07.2020, on whom pay scales, on the pattern of the Government of India are applicable;

(c)      Government 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 Punjab;

(e)      persons paid out of contingencies;

(f)       persons employed on contract basis, except when the contract provides otherwise; and

(g)      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)      "existing basic pay" or "pre-revised basic pay" means pay drawn in the prescribed existing Pay Band and Grade Pay or pay in the existing scale including ex-gratia annual increment(s), but does not include any other type of pay like Special Pay, Non Practicing Allowance, Secretariat Pay etc;

(b)      "existing scale" or "existing Pay Band and Grade Pay" in relation to the Government employee means the scale in respect of the post held or higher scale granted under the Assured Career Progression Scheme to him or, as the case may be, personal scale allowed to him on the 31st day of December, 2015, whether in a substantive or officiating capacity;

Explanation. In the case of a Government employee who was on the 31st day of December, 2015, on deputation out of India or on leave or on foreign service, or who would have on that date officiated in one or more lower posts, but for his officiating in a higher post, "existing scale" shall include the scale applicable 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 , as the case may be, but for his officiating in a higher post;

(c)      "existing emoluments" means the sum of-

(1)     existing basic pay as on the 31st day of December, 2015; and

(2)     dearness allowance appropriate to the pay in the existing basic pay;

(d)      "Government" means the Government of the State of Punjab in the Department of Finance;

(e)      "Pay Matrix" means Matrix specified in the Schedule, with Levels of pay arranged in vertical cells as assigned to corresponding existing Pay Band and Grade Pay or scale;

(f)       "Level" in the Pay Matrix shall mean the Level corresponding to the Pay Band and Grade Pay or scale specified in the Schedule;

(g)      "Pay in the Level" means pay drawn in the appropriate Cell of the Level as specified in the Schedule;

(h)     "revised pay structure" in relation to a post means the Pay Matrix and the Levels specified therein corresponding to the existing Pay Band and Grade Pay or scale of the post unless a different revised Level is notified separately for that post;

(i)       "basic pay" in the revised pay structure or "revised pay" 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.;

(j)       "revised emoluments" means the pay in the Level of a Government employee in the revised pay structure and includes dearness allowance; and

(k)      "Schedule" means the Schedule, appended to these rules.

Rule - 4. Level of posts :-

The Level of posts shall be determined in accordance with the Grade Pay assigned to the post as per the recommendations of the 5th Punjab Pay Commission notified by the Government in the year 2009.

Rule - 5. Drawl of pay in revised pay structure :-

Save as otherwise provided in these rules, a Government employee shall draw pay in the Level in the revised pay structure applicable to the post to which he is appointed.

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 two months 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 on Ex-India 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 Government of Punjab, 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 (1), the Government employee shall be deemed to have 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.

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 :-

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 terms of the provisions of these rules in the following manner, namely:-

(1)     The Government Employees recruited in the service before 01.01.2016 on whom the instructions No. 7/204/2012-4FP1/66, dated 15.01.2015 (hereinafter referred to as the instructions dated 15.01.2015) are not applicable: The revised pay shall be determined in the following manner:-

(a)      The posts/categories, whose Pay Band and/or Grade Pay was not re-revised after the implementation of recommendations of the 5th Punjab Pay Commission in 2009: The pay in the applicable Level in the Pay Matrix, as on 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 2.59 (See Illustration No.1).

(b)      The posts/categories, whose Pay Band and/or Grade Pay was re-revised in 2011: Revised pay in such cases, shall be determined, as per the following two methodologies; namely:-

                                                             i.            Taking into consideration the impact of re-revisions of 2011: 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.

                                                            ii.            Ignoring the impact of re-revision(s) of 2011: The second method involves calculating the notional pay of the Government employee after excluding/ignoring the re-revision(s) granted in 2011. The pay of a Government employee, as on 31.12.2015, shall be fixed notionally by excluding the benefit element of 2011 re-revision. Once the presumptive pay is worked out as on 31.12.2015, the multiplier factor of 2.59 shall be applied to arrive at the revised pay as on the first day of January, 2016.

                                                           iii.            The Government employee shall be at liberty to choose one of the above two methods, whichever is beneficial to him, to arrive at his revised pay (See Illustration No. 2 & 3).

(2)     The Government Employees recruited in the service from 01.01.2016 to 16.07.2020 (both days inclusive): The revised pay in such cases shall be determined on the same analogy, as the revised pay for the Government employees recruited in the service before 01.01.2016 has been determined. The revised pay in such cases shall be calculated as follows:-

(a)      The date, for the purpose of fixation of revised pay, shall be the date of joining.

(b)      The posts/categories, whose Pay Band and/or Grade Pay was not re-revised after the implementation of recommendations of the 5th Punjab Pay Commission in 2009, the multiplier factor shall be 2.59 of the Pay (Basic Pay+ Grade Pay/Minimum of the Pay Band, as the case may be) admissible on the date of joining to arrive at the revised pay of the Government employee as on the date of joining (See Illustration No. 4 & 5).

(c)      The posts/categories, whose Pay Band and/or Grade Pay were re-revised in 2011:

(a)      Taking into consideration the impact of re-revision(s) of 2011: The multiplier factor shall be 2.25 of the Initial Pay admissible to the Government employee on the date of joining, after including the benefit of re-revision of pay scales granted in 2011, to arrive at the revised pay of the Government employee as on the date of joining.

(b)      Ignoring the impact of re-revision(s) of 2011: The second method involves calculating the notional pay of the Government employee on the date of joining, after excluding/ignoring the impact of re-revision(s) of 2011. The notional Pay Band and Grade Pay of the Government employee, in terms of the recommendations of the 5th Punjab Pay Commission implemented in 2009, be identified, whereafter the Initial Pay corresponding to the above Grade Pay shall be determined. The multiplier factor of 2.59 will be then applied on such Initial Pay to arrive at the revised pay as on the date of joining.

(c)      The Government employee shall be at liberty to choose one of the above two methods i.e. 7 (II)c (i) or (ii), whichever is beneficial to him, to arrive at his revised pay (See Illustration No. 6 & 7).

(d)      In case of the Government employees on whom instructions dated 15.01.2015 w.r.t. admissibility of Minimum of the Pay Band are applicable: In such cases, the above multiplying factor(s), after the exercise of the option by the Government employee, shall be applied on the Minimum of the Pay Band to arrive at the revised pay during the period of probation and any extensions thereof, and the same multiplying factor shall be applicable on the Initial Pay admissible on successful completion of probation (See Illustration No. 8 & 9).

(e)      The multiplying factor cannot be different for the period of probation and period of service after the successful completion of probation.

(3)     The Government Employees recruited in the service from 15.01.2015 to 31.12.2015 (both days inclusive): The revised pay in such cases where the instructions dated 15.01.2015 are applicable with respect to Minimum of the Pay Band shall be calculated on the same analogy as for the Government employees recruited in the service of the Government of Punjab on or after 01.01.2016, as elaborated in Rule 7 (II). However, the date for the purpose of fixation of revised pay shall be 31.12.2015 in case of such Government employees (See Illustration No. 10).

(4)     The posts/categories whose Pay Band and/or Grade Pay was re-revised after the implementation of recommendations of the 5th Punjab Pay Commission in 2009 to draw parity with the posts/categories whose Pay Band and/or Grade Pay was re-revised in 2011, their pay shall also be fixed on the same analogy as elaborated in this rule.

(5)     In all the above cases i.e. (I), (II), (III) and (IV), the resultant pay shall be rounded-off to the nearest rupee. This rounded-off figure shall be located in the Level, which is corresponding to the Grade Pay granted to the post in view of the 5th Punjab Pay Commission recommendations or in the Level, which is corresponding to the entitled Grade Pay in which his Pay/Presumptive Pay has been fixed with the benefit of Assured Career Progression (ACP) (See Illustration No. 11 & 12):

Provided that in case of the Government employees on whom instructions dated 15.01.2015 are applicable, only fixed emoluments after revision shall be paid during probation period and any extension thereof and the pay of such Government employees shall be fixed in Level of Pay Matrix only on successfully completion of the probation period.

Note 1. If after the application of the multiplying factor, the identical figure is not available in the corresponding Level, the next higher figure close to it would be the revised pay of the concerned Government employee.

Note 2. In case of the Government employee, who is in receipt of Special Pay, Family Planning Allowance, Special Allowance or Non-Practicing Allowance (NPA) or by whatever name it may be called at the same rate or at different rates, shall draw allowances, with the revised pay in accordance with the individual notifications relating to allowances.

Note 3. 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 4. A Government employee, who is on leave on the first day of January, 2016 and is entitled to leave salary, shall be entitled to pay in the revised pay structure from the first day of January, 2016.

Note 5. 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 6. Where in the fixation of pay under this rule, a Government employee, who, in the existing scale was drawing immediately before the first day of January, 2016, 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.

Note 7. 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 the 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 scale 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 the junior. However, no relief shall be given, if the senior Government employee exercises an option to get his pay fixation/promotion, postponed;

(d)      The anomaly should be directly as a result of application of the provisions of these rules or any other rule or order regulating pay fixation on such promotion in the revised pay structure. However, if in the lower post, the junior Government employee was drawing more pay in the existing scale 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, the provisions of this note shall not be applied for stepping up the pay of the senior Government employee:

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 stepped up his pay.

Note. The increment of senior Government employee should not have been stopped/withheld due to penalty, or otherwise.

Rule - 8. Drawl of revised pay :-

(1)     The revised pay under these rules shall be drawn from the first day of July, 2021 (payable in August, 2021).

(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, or for any other reasons.

Rule - 9. Arrear of revised pay :-

Notwithstanding anything contained in these rules, the arrears with effect from the 1st day of January, 2016 to 30th day of June, 2021 shall be paid in such manner and at such time as may be approved by the Government.

Rule - 10. Rate of increment in the revised pay structure :-

The rate of increment in the revised pay structure shall be three percent 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 at the maximum of the Pay Matrix Level applicable to him shall no longer be granted the 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 the next increment of 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, shall be granted 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 senior Government employee should not have been stopped/withheld due to penalty, or otherwise.

Rule - 12. 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:-

(1)     the Government employee shall progress ahead on the horizontal range in Pay Matrix on Promotion/ non-functional financial upgrade;

(2)     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;

(3)     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 in the Level to which he is promoted, 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. 14);

(4)     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. 15).

(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;

(5)     in case a Government employee, who stands promoted during the period from 1st day of January, 2016 to the date of notification of these rules, the option may be exercised within a period of three months from the date of such notification. The option once exercised, shall be final.

Rule - 13. Overriding effect :-

The provisions of the Punjab Civil Services Rules, Volume-I, Part-I and Volume-II, the Punjab Civil Services (Revised Scales of Pay) Rules,1979, the Punjab Civil Services (Revised Pay) Rules, 1988, the Punjab Civil Services (Revised Pay) Rules, 1998 and the Punjab Civil Services (Revised Pay) Rules, 2009, 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 - 14. 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 - 15. Interpretation :-

If any question arises relating to the interpretation of any of the provisions of these rules, the Government shall decide the same.

(1) I, ____________________ hereby opt for the revised pay structure with effect from 01.01.2016.
(2) I, ______________________ hereby opt the multiplying factor of ______ as per Rule ______.
Signature _________________________
Name ____________________________
Designation _______________________
iHRMS Code ______________________
Department/Office in which employed_____
_____________________________

I, hereby undertake that in the event of my pay having been fixed in a manner contrary to the provisions contained in these Rules, as detected subsequently, any excess payment so made shall be refunded by me to the Government either by adjustment against future payments due to me or otherwise.
Date:
Signature _________________________
Place:
Name ____________________________
Designation _______________________
iHRMS Code ______________________
Department/Office in which employed
__________________________________