6th CPC Revision of Pay and Allowance – West Bengal Services Rules, 2019

6th CPC Revision of Pay and Allowance – West Bengal Services Rules, 2019

Government of West Bengal
Finance Department
Audit Branch

NOTIFICATION

No. 5562–F the 25th September, 2019–In exercise of the power conferred by the proviso to article 309 of the Constitution of India, the Governor is pleased hereby to make the following rules, namely :‐

1. Short title and commencement ‐
(1) These rules may be called the West Bengal Services (Revision of Pay and Allowance) Rules, 2019.

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

2. Application ‐ (1) Save as otherwise provided by or under these rules, these rules shall apply to persons appointed to civil services and posts under the rule making control of the Government of West Bengal except members of All India Services, the West Bengal Judicial Service and members of the services to whom the University Grants Commission, the All India Council of Technical Education and Indian Council of Agricultural Research scales of pay apply.

2) Unless specifically extended under express order of the State Government,these rules shall not apply to ‐

(a) Subordinate executive staff of the Police Forces in West Bengal,
(b) Officers and staff of the West Bengal National Volunteer Force,
(c) Officers and staff of the West Bengal Legislative Assembly Secretariat,
(d) ) Officers and staff of the Public Service Commission, West Bengal,
(e) Officers and staff of the High Court at Kolkata

(3) These rules shall not also apply to :

(a) Government employees appointed on contract,
(b) Government employees not in whole time employment,
(c) Government employees paid otherwise than on a monthly basis, Including those paid at piece‐rates,
(d) Government employees who have retired in the afternoon of the 31st December, 2015, and
(e) Government employees re‐employed after retirement.

Also read: 7th Pay Commission Pay Fixation : 7th CPC Pay Fixation with examples

Definitions ‐ (1) In these rules, unless the context otherwise requires,‐

(a) “existing basic pay” means the pay drawn in the prescribed existing Pay Band and Grade Pay but does not include any other type of pay;

(b) “existing Pay Band and Grade Pay” means the running Pay Band and the Grade Pay applicable to the post held by the Government employee or, as the case may be, the personal scale applicable to such Government employee on account of his advancement to a higher Pay Band/Grade Pay under specific or general orders of the Government as on 1stday of January, 2016, whether in a substantive or officiating or temporary capacity, and

(c) “existing pay structure” means the present system of Pay Band and Grade Pay applicable to the post held by the Government employee as on the 1st day of January, 2016 whether in a substantive or officiating capacity or the Pay Band and Grade Pay as personal scale applicable to him on account of advancement to higher Pay Band /Grade Pay.;

Explanation.‐ the expressions “existing basic pay” and “existing Pay Band
and Grade Pay” in respect of a Government employee, who was on the 1st day of January, 2016, on deputation or on foreign service or on leave or who would have on that date officiated in one or more lower posts but for his officiating in a higher post, shall mean such basic pay ,Pay band and Grade pay applicable to the post which he would have held but for his being on deputation or on foreign service or on leave or officiating in a higher post;

(d) “existing emoluments” means the sum of existing basic pay and existing dearness allowance allowed to the basic pay as on 1st day of January ,2016.

(e) “Pay Matrix” means Matrix specified in Schedule‐I and Schedule‐II, with levels of pay arranged in vertical cells as assigned to corresponding existing Pay Band and Grade Pay;

(f) “Level” in the Pay Matrix shall mean the Level corresponding to the existing Pay Band and Grade Pay as specified in Schedule‐III;

(g) “pay in the Level” means pay drawn in the appropriate Cell of the Level as specified in Schedule‐I and Schedule‐II;

(h) “revised pay structure” means the Pay Matrix and the Level specified therein corresponding to the existing Pay Band and Grade Pay of the post unless a different revised level is notified separately for the pos

(j) “revised emoluments” means the pay in the Level of a Government employee in the revised pay structure and includes the revised non‐practicing allowance, if any, admissible to him.;

(k) “Schedule” means a schedule appended to these rules.

(2) Words and expressions used but not defined in these rules shall have the same meanings as respectively assigned to them in the West Bengal Service Rules, Part‐1.

4. Level of posts ‐ From the date of commencement of these rules the Level of posts shall be determined in accordance with the various Levels as assigned to the corresponding existing Pay Band and Grade Pay as specified in the Pay Matrix.

5. Drawal of pay in the revised pay structure ‐

Save as otherwise provided in these rules, a Government servant shall draw pay in the Level in the revised pay structure applicable to the post which he is holding as on 01.01.2016 or to which he is appointed on or after 1st day of January ,2016:

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

Provided further that in cases where a Government employee has been placed in a higher Grade Pay between 1st day of January, 2016 and the date of notification of these rules on account of promotion or upgradation, the Government employee may elect to switch over to the revised pay structure from the date of such promotion or upgradation as the case may be.

Explanation 1 ‐ The option to retain the existing pay structure under the proviso to this rule shall be admissible only in respect of one existing Pay Band or Grade Pay.

Explanation 2 ‐ The aforesaid option shall not be admissible to any person appointed to a post on or after the 1st day of January, 2016, whether for the first time in Government service or by transfer from another post and he shall be allowed pay only in the revised pay structure.

Explanation 3‐ Where the Government employee exercises the option under the proviso to this rule to retain the existing pay structure in respect of a post held by him in an officiating capacity on a regular basis for the purpose of regulation of pay in that pay structure under the existing rule or order applicable to the post , his substantive pay shall be substantive pay which he would have drawn had he retained the existing pay structure in respect of the permanent post on which he holds a lien or would have held a lien had his lien not been suspended or the pay of the officiating post which has acquired the character of substantive pay in accordance with any order for the time being in force, whichever is higher.

6. Exercise of option ‐ (1) The option under the provisos to rule 5 shall be exercised in writing in the form appended to Schedule IV so as to reach the authority mentioned in sub‐ rule 2 within three months of the date of notification of these rules in Official Gazette:

Provided that‐(i) in the case of a Government servant, who on the date of notification of these rules, is on leave or on deputation or on foreign service, the said option shall be exercised in writing so as to reach the said authority within three months of his return from such leave or deputation or foreign service, as the case may be; and

(ii) where a Government employee is under suspension on the date of publication of these rules in the Official Gazette, the option may be
exercised by him within three months of the date of his return to his duty or within three months of the date of notification of these rules, whichever is later.

(2) The option shall be submitted by the Government employee to the Head of his Office.

(3) If the option is not received by the Head of his Office 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 the 1st day of January, 2016.

(4) The option once exercised shall be final.

Note 1‐ A Government employee, who died on or after the 1st day of January, 2016 and could not exercise the option within the prescribed time limit, shall be deemed to have opted for the revised pay structure on and from the 1st day of January, 2016 or from such subsequent date as is considered most beneficial to him, if he was alive.

Note 2‐ A Government employee who was on earned leave or any other leave on 1st day of January, 2016 which entitled him to leave salary shall be entitled to exercise option under this rule.

Note 3‐ A Government employee whose existing scale of post was revised with effect from any date before publication of these rules, may be allowed the benefits of exercising option under this rule on the basis of notional basic pay in the related scale.

7. Fixation of initial pay in the revised pay structure.‐

(1) The initial pay of a Government employee who elects, or is deemed to have elected under rule 6 to be governed by the revised pay structure on and from the 1st day of January, 2016,shall,unless in any case the Governor by special order otherwise directs, be fixed separately in respect of his substantive pay in the permanent post on which he holds a lien or would have held a lien if such lien had not been suspended , and in respect of his pay in the officiating post held by him, in the following manner, namely:‐

(a) in the case of all employees,‐

((i) the pay in the applicable 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 level in the Pay Matrix and if such an identical figure corresponds to any Cell in the applicable level in the pay matrix, 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, as per schedule V .