Punjab 5th Pay Commission Notification Report

Punjab Pay Commission Notification

Punjab government on Wednesday issued notification to implement the recommendatiosns of 5th pay Commission set up for government employees. The new pay scales would be implemented w.e.f January 1,.2006. Following is copy of notification-part 1.

GOVERNMENT OF PUNJAB - DEPARTMENT OF FINANCE
(FINANCE PERSONNEL BRANCH – I )

NOTIFICATION

The 27th May, 2009

In exercise of the powers conferred by the proviso to Article 309 read with clause (3) of Article 187 of the Constitution of India, 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:-

RULES

1. Short title and commencement. - (1) These rules may be called the Punjab Civil Services (Revised Pay) Rules, 2009.

(2) They shall be deemed to have come into force on and with effect from the first day of January, 2006.

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 Punjab Vidhan Sabha Secretariat provided that the staff of Punjab Vidhan Sabha will get pay/ allowances and other benefits at par with the staff of Punjab Civil Secretariat as per provisions of Rule 14 of Punjab Vidhan Sabha Secretariat Service 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) persons not in the whole-time employment of the Government of Punjab;

(c) persons paid out of contingencies;

(d) employees whose scales of pay have been determined on the recommendations of the University Grants Commission;

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

(f) persons specifically excluded wholly or in part from the operation of these rules.

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 the pay drawn in the prescribed existing/pre-revised scale of pay including ex-gratia annual increment(s), but does not include any other type of pay like ‘special pay’, etc;

(b) “existing scale” or “pre-revised scale” in relation to a Government employee means the scale in respect of a 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 first day of January, 2006, whether in a substantive or officiating capacity;

Explanation. - In the case of a Government employee, who was on the first day of January, 2006, 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 ;

(i) basic pay in the existing scale as on the first day of January, 2006 or on the date of option under rule 6;

(ii) dearness pay appropriate to the existing basic pay;

(iii) interim relief calculated at the rate of five per cent of the existing basic pay plus dearness pay; and

(iv) dearness allowance appropriate to the existing basic pay plus dearness pay plus interim relief.

(d) “Fitment Table” means the relevant fitment table attached to these rules showing revised pay structure corresponding to a particular pre-revised pay scale;

(e) “Government” means the Government of Punjab in the Department of Finance;

(f) “pay in the pay band” means the pay drawn in the running pay bands specified in column 6 of the Schedule;

(g) “grade pay” means the fixed amount corresponding to the pre-revised pay scales or posts specified in column 7 of the Schedule.

(h) “revised pay structure” in relation to any post or pre- revised scale specified in column 3 of the Schedule, means the pay band and grade pay, as specified against that post or pre-revised pay scale in columns 6 and 7 thereof, unless a different revised pay band and grade pay or pay scale is notified separately for the post;

(i) “basic pay” in the revised pay structure means the pay drawn in the specified pay band plus the applicable grade pay, but does not include any other type of pay like special pay etc.;

(j) “revised emoluments” means the pay in the pay band plus the grade pay of a Government employee in the revised pay structure and includes dearness allowance; and

(k) “Schedule” means a Schedule, appended to these rules providing for a General Conversion Table for revised pay structure and grouping applicable in relation to the corresponding unrevised pay scale of the employees.

4. Scale of pay of posts. — The corresponding pay band and grade pay as applicable, to every post or pre-revised scale, specified in the Schedule, shall be, as shown therein against each post or pre-revised scale.

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

Provided that a Government employee may opt to continue to draw pay in the existing scale, until the date on which he earns his next or any subsequent increment in the existing scale or until he vacates his post or ceases to draw pay in that scale;

Provided further that in cases where a Government employee has been placed in higher pay scale between 1.1.2006 and the date of notification of these Rules on account of promotion, upgradation of pay scale under the Assured Carrier Progression Scheme or otherwise, the Government employee may elect to switch over to the revised pay structure from the date of such promotion, upgradation etc.

Provided further that in case where a Government employee has been placed in higher pay scale under the un-revised pay scales between 1.1.2006 and the date of notification of these rules on account of promotion or progression under the Assured Career Scheme, the pay of the government employee on the date of grant of such higher scale shall be regulated in such a manner that his corresponding revised pay in the revised pay structure is not lower than that shown in the Fitment Table, applicable to such pre-revised higher scale.

Explanation I - The option to retain the existing scale under the first and second provisos to this rule shall be admissible only in respect of one existing scale.

Explanation 2 - The aforesaid option shall not be admissible to a person, appointed to a post on or after the first day of January, 2006, 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.

6. Exercise of option - (1) The option under the provisos to rule 5, shall be exercised in writing in the form appended to these rules so as to reach the authority specified in sub-rule (2) within a period of three months from the date of publication of these rules or where an existing scale has been further revised by any order made subsequent to that date, within a period of three months from the date of such order: -

Provided that ;

(i) in the case of a Government employee, who on the date of such publication or as the case may be, on the date of such order, is out of India on leave or on deputation or on foreign service or on active service, the option shall be exercised in writing so as to reach the said authority within a period of three months from the date of his taking the charge of his post under the State Government; and

(ii) where a Government employee is under suspension on the first day of January, 2006, the option may be exercised within a period of three months 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 shall be intimated by the Government employee to the Head of his Office.

(3) If the intimation regarding option is not received within the period as 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 first day of January, 2006.

(4) The option once exercised shall be final.

Note 1. Persons, whose services were terminated on or after the first day of January, 2006 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 or disciplinary grounds, are entitled to the benefits admissible of this rule.

Note 2. Persons, who have died on or after the first day of January, 2006 and could not exercise their option within the specified period shall be deemed to have opted for the revised pay structure on and from the first day of January, 2006 or such later date as is most beneficial to their dependents, if the revised pay structure is more favourable and in such cases, necessary action for payment of arrears should be taken by the Head of Office.

Note 3. Persons, who were on earned leave or any other leave on 1.1.2006, which entitled them to leave salary, shall be allowed the benefits admissible under this rule.

7. Fixation of pay in the revised pay structure - The pay of a Government employee, who opts or is deemed to have opted under sub-rule (3) of rule 6 to be governed by the revised pay structure in terms of the provisions of these rules, shall, unless in any case, the Government by special order otherwise directs, be fixed in the following manner, namely: -

(i) the basic pay in the revised pay structure will be fixed with reference to the existing basic pay in the pre-revised pay scale of the post including higher scale granted under the Assured Career Progression Scheme as on 01.01.2006 or thereafter, as the case may be, and shall be an amount equal to the sum of the ‘pay in the pay band’ and ‘grade pay’ as shown in column 4 of the Fitment Table applicable to the relevant post or pre-revised pay scale;

(ii) in case of employees, who are getting ex-gratia increments on the date of option, the revised basic pay shall be determined by multiplying the existing basic pay with 1.86 rounded off to the next higher ten and adding Grade Pay as given in the applicable Fitment Table;

(iii) an employee, who reaches at the maximum of the Pay Band, shall be placed in the higher pay band after one year without any change in the Grade Pay; and

(iv) in the case of a Government employee, who is in receipt of Special Pay, Family Planning Allowance, Special Allowance or Non-Practising Allowance (NPA) or by whatever name it may be called at the same rate or at different rates, such a Government employee shall draw Special Pay, Family Planning Allowance, Special Allowance or Non-Practising Allowance at the rate, allowed with the revised scale. In such cases, the allowance at the new rate shall be drawn in addition to pay in the revised pay structure from the date specified in the individual notifications relating to these allowances.

Note 1. Where the increment of a Government employee falls on the first day of January, 2006 he shall have the option to draw the increment in the existing scale or in the revised Pay Band.

Note 2. A Government employee, who is on leave on the first day of January, 2006, and is entitled to leave salary, shall become entitled to pay in the revised pay structure from 1.1.2006 or the date of option for the revised pay structure.

Note 3. A Government employee, under suspension, shall continue to draw subsistence allowance based on existing scale of pay and his pay in the revised pay structure will be subject to the final order on the pending disciplinary proceedings.

Note 4. 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 5. 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 2006, more pay than another Government employee junior to him in the same cadre, gets his pay fixed in the revised pay band at a stage lower than that of such junior, his pay shall be stepped up to the same stage in the revised pay band as that of the junior.

Note 6. In case where a senior Government employee promoted to a higher post before the first day of January, 2006 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, 2006, the pay in the pay band of the senior Government employee will be stepped up to an amount equal to the pay in the pay band as fixed for his junior in that higher post. The stepping up will be done with effect from the date of promotion of the junior Government employee subject to the fulfillment of the following conditions, namely: -

(a) both the junior and the senior Government employees should belong to the same cadre and the posts in which they have been promoted should be identical in the same cadre;

(b) the pre-revised scale of pay and the revised grade pay of the lower and higher posts in which they are entitled to draw pay should be identical;

(c) the senior Government employees at the time of promotion should have been drawing equal or more pay than the junior; and

(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. If even in the lower post, the junior officer was drawing more pay in the pre-revised pay than his senior by virtue of any advance increment(s) granted to him, the provisions of this note shall not be invoked to step up the pay of the senior employee.

8. Mode of payment of arrear of pay – Notwithstanding anything contained in these rules, the arrear with effect from first January, 2006 to 31 of July 2009 will be paid in such manner and at such time as may be decided by Government. The revised pay under these rules shall be drawn from the first day of August, 2009.

9. Rate of increment in the revised pay structure. - The rate of increment in the revised pay structure will be three per cent of the sum of the pay in the pay band and grade pay applicable, which will be rounded off to the next multiple of 10. The amount of increment will be added to the existing pay in the pay band.

10. 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, 2006 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.

11. Fixation of pay on promotion. - In the case of promotion from one grade pay to another in the revised pay structure, the pay fixation will be done as follows: -

(i) one increment equal to three per cent of the sum of the pay in the pay band and the existing grade pay will be computed and rounded off to the next multiple of 10. This will be added to the existing pay in the pay band. The grade pay corresponding to the promotion post will thereafter be granted in addition to this pay in the pay band. In cases where promotion involves change in the pay band also, the same methodology will be followed. However, if the pay in the pay band after adding the increment is less than the minimum of the higher pay band to which promotion is being made, the pay in the pay band will be stepped to such minimum.

12. Illustration :- With a view to provide guidance in the fixation of pay under the relevant rules of these rules, illustrations 1 to 5 have been given, which are appended to these rules.

13. Overriding effect - The provisions of the Punjab Civil Services Rules, Volume I, Part I and the Punjab Civil Services Rules, Volume II, the Punjab Civil Services (Revised Scales of Pay) Rules, 1979 the Punjab Civil Services (Revised Pay) Rules, 1988 and the Punjab Civil Services (Revised Pay) Rules, 1998, 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.

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.

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