Chandigarh Gazette, No. 64, 15 June 2023

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GOVERNMENT OF INDIA

Chandigarh Administration Gazette

Published by Authority

NO. 064] CHANDIGARH, THURSDAY, JUNE 15, 2023 ( JYAISTHA 25, 1945 SAKA)

CHANDIGARH ADMINISTRATION

FINANCE DEPARTMENT

(ACCOUNTS BRANCH)

Notification

The 14th June, 2023

No.7000/15/8-F&PO(7)/2023/8315 .—In exercise of the powers conferred by the proviso to Article 309 of Constitution of India and in pursuance of the Government of India, Ministry of Home Affairs, New Delhi Notification bearing No.G.S.R. 230 (E) dated, the 29th March, 2022, the Administrator of the Union Territory of Chandigarh is pleased to make the following Rules, namely :—

1. Short title and commencement. -

(1) These rules may be called the "Electricity Wing of Engineering Department UT Chandigarh Employees (Revised Pay) Rules, 2023".

(2) They shall be deemed to have come into force on and from the 1st day of April, 2022.

2. Categories of Government employees to whom the rules apply. -

(1) Save as otherwise provided by or under these rules, these rules shall apply to persons appointed to the services and posts in connection with the affairs of Electricity Wing of Engineering Department, Chandigarh Administration.

(2) These rules shall not apply to -

(i) persons not in whole-time employment of Electricity Wing of Engineering Department, Chandigarh Administration;

(ii) persons paid out of contingencies;

(iii) persons paid otherwise than on a monthly basis including those paid only on a piece rate basis;

(iv) persons employed on contract except where the contract provides otherwise;

(v) persons re-employed in Electricity Wing of Engineering Department, Chandigarh Administration after retirement;

(vi) persons on deputation to Electricity Wing of Engineering Department, Chandigarh Administration;

(vii) any other class or category of persons whom the Administrator, U.T. Chandigarh may, by order, specifically exclude from the operation of all or any of the provisions contained in these rules.

3. Definitions. -In these rules, unless the context otherwise requires, -

(i) "Government Employee" means an employee of Electricity Wing of Engineering Department of UT of Chandigarh other than those mentioned at point No.(i) to (vii) of Sub Para (2) of Para 2 as mentioned in these Rules

(ii) "Existing basic pay" means pay drawn in the prescribed existing Level of Pay Matrix as per schedule annexed to the Punjab State Power Corporation Limited (Revised Pay) Regulations, 2021 duly adopted by the Chandigarh Administration, but does not include any other type of pay like 'Special Pay' etc.;

(iii) "Existing Level" in relation to a Government employee means the PSPCL Pay Level applicable to the post held or higher level granted under the Assured Career Progression Scheme (ACP) /Time Bound Promotional Scales (TBPS)/ Dynamic Assured Career Progression Scheme (DACP)/ Structural pay scale, as the case may be or pay scale allowed as a measure personal to him on the 31st March, 2022, whether in a substantive capacity or in officiating capacity;

(iv) "Existing pay structure" in relation to a Government employee means the present system of Level of PSPCL Pay Matrix applicable to the post held by the Government employee as on the date immediately before the coming into force of these rules whether in a substantive or officiating capacity.

Explanation.-The expressions "existing basic pay", "existing level" and "existing pay structure", in respect of a Government employee who on the 1st day of April, 2022 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 posts but for his officiating in a higher post, shall mean such basic pay, Level 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 higher post, as the case may be ;

(v) "existing emoluments" mean the sum of :—

(a) existing basic pay as on the 31st day of March, 2022; and

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

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

(vii) "Central Pay Level" in the Central Pay Matrix shall mean the Level corresponding to the existing Pay Band and Grade Pay or scale specified in Part A of the Schedule;

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

(ix) "PSPCL Pay Level" in the PSPCL Pay Matrix shall mean the Level corresponding to the existing Pay Band and Grade Pay or scale specified in Part B of the Schedule;

(x) "Pay in the Central Pay Level" means pay drawn in the appropriate Cell of the Level as specified in Part A of the Schedule;

(xi) "Pay in the PSPCL Pay Level" means pay drawn in the appropriate Cell of the Level as specified in Part B of the Schedule;

(xii) "Merger Table" means the table appended to these rules as Part C of the Schedule;

(xiii) "Revised Pay Structure" in relation to a post means the Central Pay Matrix and the Levels specified therein corresponding to the existing PSPCL Pay Levels or scale of the post as specified in Part C of the Schedule unless a different revised Level is notified separately for that post as specified in Part D of the Schedule;

(xiv) "Basic pay" in the revised pay structure means the pay drawn in the prescribed Level in the Central Pay Matrix but does not include any other type of pay like 'Special Pay' etc.; (xv) "Revised emoluments" means the pay in the Level of a Government employee in the revised pay structure of the Central Government and includes dearness allowance;

(xvi) "Schedule" means a schedule appended to these rules;

(xvii)"PSPCL" means the Punjab State Power Corporation Limited.

(xviii) "PSEB" means Punjab State Electricity Board.

(xix) "Government" means the Chandigarh Administration in the Department of Finance.

4. Level of posts. - The Level of posts shall be determined in accordance with the various PSPCL Pay Levels as assigned to the corresponding Central Pay Levels as specified in the Part C of the Schedule unless a different revised Level is notified separately for that post as specified in Part D of the Schedule.

5. Drawal of pay in the 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:

6. Undertaking-

(1) The Government employee shall submit an undertaking in the form appended to these rules so as to reach the authority as specified in sub rule (2), within a period of two months from the date of notification of these rules;

(2) The undertaking in the form shall be submitted by the Government employee to the Head of the Office.

7. Fixation of pay in the revised pay structure -There are 27 levels in PSPCL Pay Matrix as compared to 18 Level of 7th Central Pay Commission and only 15 Levels are applicable to the Chandigarh Employees. The merger of 27 levels in PSPCL Pay Matrix with 15 Central Pay Levels has been defined in the Part-C of the Schedule appended to these rules. For fixation of pay on 1st April 2022, following methodology shall be followed :—

(i) Firstly, the post of the Government employee will be located in Part D and if the same exists, the pay drawn in PSPCL Pay Matrix as on 31st March 2022 is to be located in the prescribed Level assigned to the post in this part in Central Pay Matrix (Part A) and if such an identical figure corresponds to any Cell in the applicable Level of the Central 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 Central Pay Matrix.

(ii) In all other cases such as; where the post of Government employee does not exist in Part D or the Government employee is drawing Pay in the higher Grade Pay/Level other than the entry Level Grade Pay/Level of the post under PSPCL Pay Matrix on account of ACP/TBPS/DACP/ structural pay scales, then the Level of the post will be determined as per the Merger Table (Part C) and pay drawn in PSPCL Pay Matrix as on 31st March 2022 is to be located in the prescribed level assigned to the post in the Part C in Central Pay Matrix (Part A) and if such an identical figure corresponds to any Cell exists in the applicable Level of the Central 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 Central Pay Matrix.

The above methodology for fixation of pay as detailed in sub-para (A) to (C) is devised to ensure that neither of the employee of Electricity Wing of Engineering Department, Chandigarh Administration is at disadvantage and their existing pay is protected.

(A) PSPCL corresponding Post exists in 7th CPC in same/higher/ lower Level: Pay of the Govt. employee drawn as on 31.3.2022 will be located in the level of corresponding Post exists in 7th CPC in same/higher/ lower Level as per Part D and if such an identical figure corresponds to any Cell in the applicable Level of the Central Pay Matrix, the same shall beThis is Digitally Signed Gazette. To verify, visit : https://egazette.chd.gov.in 1244 CHD. ADMN. GAZ., JUNE 15, 2023 (JYST. 25, 1945 SAKA) 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 Central Pay Matrix.

Illustration: An Upper Division Clerk drawing pay of Rs.32900 in the grade pay of Rs.3200 at Level 8 as per PSPCL Pay Matrix as on 31.3.2022, his pay will be fixed at Rs.33300 as on 01.04.2022 in the corresponding post having Grade pay of Rs. 2400 in Level 4 of 7th CPC.

(B) PSPCL Level corresponding to 7th CPC does not exist but merged as per merger table: Pay of the Govt. employee drawn as on 31.3.2022 will be located in the merged level (as per Part C) in the 7th Central Pay Matrix and if such an identical figure corresponds to any Cell in the applicable Level of the Central 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.

Illustration: A government employee drawing pay of Rs.42100 in the grade pay of Rs.3700 at Level 10 as per PSPCL Pay Matrix as on 31.3.2022, his pay will be fixed at Rs.42300 as on 1.4.2022 in Level 6 of 7th CPC.

(C) PSPCL Level corresponding to 7th CPC Level after grant of ACP/TBPS/DACP/structural pay

scale does not exist but merged as per merger table: If the pay of the Govt. employee drawn as on 31.3.2022 is in higher level than the entry level of the post due to grant of ACP/TBPS/DACP/structural pay scale, then the pay of the Govt. Employee will be located in the level merged (as per Part-C ) in the Central Pay Matrix corresponding to the higher level already drawn due to grant of ACP/TBPS/DACP/ structural pay scale and if such an identical figure corresponds to any Cell in the applicable Level of the Central 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.

Illustration: A government employee drawing pay of Rs.42700 as on 31.3.2022 in the grade pay of Rs. 4150 after grant of ACP/TBPS in Level 11 of PSPCL Pay Matrix whose original grade pay corresponding to the post is Rs.2950 as per PSEB/PSPCL Regulations his pay will be fixed at Rs.43600 on 1.4.2022 in Level 6 of 7th CPC.

If the minimum pay or the first Cell in the applicable Level is more than the existing pay, as detailed above in Rule 7, the pay shall be fixed at minimum pay or the First Cell of that applicable level.

Provided that if as a result of such fixation on 1st April 2022, a Government employee gains the benefit of equal to or more than one increment, his date of next increment (DNI) would be 1st January 2023 and on annual basis thereafter.

Note 1. A Government employee who is on leave on the 1st day of April, 2022 and is entitled to leave salary shall be entitled to pay in the revised pay structure from 1st day of April, 2022.

Note 2. A Government employee who is on study leave on the 1st day of April, 2022 shall be entitled to the pay in the revised pay structure from 1st day of April, 2022.

Note 3. A Government employee under suspension on the 1st day of April, 2022 shall continue to draw subsistence allowance based on existing pay structure and his pay in the revised pay structure shall be subject to the final order on the pending disciplinary proceedings.

Note 4. Where in the fixation of pay under Rule (7), the pay of a Government employee, who, in the existing pay structure, was drawing immediately before the 1st day of April, 2022 more pay than another Government employee junior to him in the same cadre, gets 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 and the senior Government employee 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 5. (i) In cases where a senior Government employee promoted to a higher post before the 1st day of April, 2022 draws less pay in the revised pay structure than his junior who is promoted to the higher post on or after the 1st day of April, 2022, the pay of senior Government employee in the revised pay structure shall be stepped up to an amount equal to the pay as fixed for his junior in that higher post and such 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) both the junior and the senior Government employees belong to the same cadre and the posts in which they have been promoted are identical in the same cadre;

(b) the existing pay structure and the revised pay structure of the lower and higher posts in which they are entitled to draw pay are identical;

(c) the senior Government employee at the time of promotion are drawing equal or more pay than the junior;

(d) the anomaly is directly as a result of the application of these Rules or any other Rule or order regulating pay fixation on such promotion in the revised pay structure:

Provided that if the junior Government employee was drawing more pay in the existing pay structure than the senior by virtue of any advance increments granted to him, the provisions of this Rule shall not be invoked to step up the pay of the senior Government employee.

(ii) The order relating to re-fixation of the pay of the senior Government employee in accordance with clause (i) shall be issued under Fundamental Rule 27 and the senior Government employee 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 6. Pay of the Government employee shall be fixed separately in respect of his substantive pay in the permanent post on which he holds a lien, if such lien had not been suspended, and in respect of his pay in the officiating post held by him in the manner as specified in Rule 7.

Note 7. Subject to the provisions of Rule 5, if the pay as fixed in the officiating post under Rule 7 is lower than the pay fixed in the substantive post, the former shall be fixed at the same stage as the substantive pay.

8. Fixation of pay of employees appointed by direct recruitment on or after 1st day of April, 2022:—The pay of employees appointed by direct recruitment on or after 1st day of April, 2022 shall be fixed at the minimum pay or the first Cell in the Level, applicable to the post to which such employees are appointed.

9. Increments in Pay Matrix:—The increment shall be as specified in the vertical Cells of the applicable Level in the Pay Matrix.

10. Date of next increment in revised pay structure :

(1) There shall be two dates for grant of increment namely, 1st January and 1st July of every year, instead of existing system of granting annual increment on 1st of due month after completing 12 months of qualifying service provided that an employee shall be entitled to only one annual increment on completion of 6 months qualifying service either on 1st January or 1st July depending on the date of annual increment already drawn or on his appointment or promotion. (i) Those Govt. employees who have already drawn their annual increment on 1st January 2022, shall draw their increment on 1st July 2022 and on annual basis thereafter.

(ii) Those Govt. employees who have already drawn their annual increment between 2nd January to 31st March 2022, shall draw their increment on 1st January 2023 and on annual basis thereafter.

(iii) Those Govt. employees who are due to get their annual increment between 1st April to 1st July, 2022 shall be granted annual increment on 1st April, 2022 and their date of next increment will be 1st January 2023 and on annual basis thereafter.

(iv) Those Govt. employees who are due to get their annual increment between 2nd July to 31st December 2022, shall be granted annual increment on 1st July, 2022 and their date of next increment will be 1st July, 2023 and on annual basis thereafter.

Example :-

(2) In case of an employee appointed during the period between the 1st day of April, 2022 and the 1st day of July, 2022, the first increment shall accrue on the 1st day of January, 2023 and thereafter it shall accrue after one year on annual basis.

(3) In case of an employee appointed during the period between the 2nd day of July, 2022 and the 1st day of January, 2023, the first increment shall accrue on the 1st day of July, 2023 and thereafter it shall accrue after one year on annual basis.

(4) In case of an employee appointed during the period between the 2nd day of January, 2023 till the issuance of this notification, the first increment shall accrue on the 1st day of January, 2024 and thereafter it shall accrue after one year on annual basis.

11. Fixation of pay on promotion on or after 1st day of April, 2022:—The fixation of pay in case of promotion from one Level to another Level in the revised pay structure shall be made in the following manner, namely :—

(i) One increment shall be given in the Level from which the 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 promoted, he shall be placed at the next higher Cell in that Level. The next increment in the promotional level would be granted on completion of requisite qualifying service of six months.

Illustration :

(ii) Fundamental Rule 22(I)(a)(1) holds good with regard to availability of option clause for pay fixation, to a Government Employee holding a post, other than a tenure post, in a substantive or temporary or officiating capacity, who is promoted or appointed in a substantive, temporary or officiating capacity, as the case may be, subject to the fulfillment of the eligibility conditions as prescribed in the relevant Recruitment Rules, to another post carrying duties and responsibilities of greater importance than those attaching to the post held by him. Such Government Employee may opt to have his pay fixed from the Date of his Next Increment (either 1st July or 1st January, as the case may be) accruing in the Level of the post from which he is promoted, except in cases of appointment on deputation basis to an ex-cadre post or on direct recruitment basis or appointment/ promotion on ad-hoc basis.

(iii) In case, consequent upon his promotion, the Government Employee opts to his pay fixed from the date of his next increment (either 1st July or 1st January, as the case may be) in the Level of the post from which Government Employee is promoted, then, from the date of promotion till his DNI, the Government Employee shall be placed at the next higher cell in the level of the post to which he is promoted.

Illustration :

Subsequently, on DNI in the level of the post to which Government Employee is promoted, his Pay will 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.

Illustration :

(iv) The Government Employee (other than those appointed on deputation basis to ex-cadre post or on ad-hoc basis or on direct recruitment basis) shall have the option, to be exercised within one month from the date of promotion, to have the pay fixed under this Rule from the date of such promotion or to have the pay fixed from the date of accrual of next increment in the scale of the pay in lower grade. In order to enable the officials to exercise the option within the time limit prescribed, the option clause for pay fixation on promotion with effect from date of promotion/DNI shall invariably be incorporated in the promotion/appointment order so that there are no cases of delay in exercising the options due to administrative lapse.

Note (1)- In case a Government employee gets promotion on 1st July or 1st January, he will draw his next increment in promotional level on the following 1st January or 1st July as the case may be provided a period of 6 months qualifying service is fulfilled.

Note (2)- The Government employee promoted on regular basis on any date other than the date of his annual increment in lower grade and exercises the option under Fundamental Rules 22(I)(a)(1) for fixation of pay from the date of accrual of next increment in the scale of pay in lower grade, he may be allowed the first increment in promotional grade on 1st January/1st July as the case may be after completion of 6 months qualifying service after such fixation on 1st July/1st January (i.e., the date of increment in lower grade). The next increment thereafter shall accrue only after completion of one year.

Example: An employee who is due to get his annual increment on 1st July 2023, promoted in the month of March 2023 and opted to his pay fixed from the date of his next increment i.e. 1st July 2023, he may be allowed the 1st increment after completion of 6 months qualifying serviceThis is Digitally Signed Gazette. To verify, visit : https://egazette.chd.gov.in CHD. ADMN. GAZ., JUNE 15, 2023 (JYST. 25, 1945 SAKA) 1251 on 1st January 2024 after such fixation on 1st July 2023. The next increment thereafter shall accrue only after one year on annual basis.

Note(3)- The employees promoted between 1st April, 2022 to the date of notification of these Rules shall also have the option for fixation of pay on promotion as specified in Rule 11 to be exercised within one month from the date of notification of these Rules.

Note(4)-The option once exercised shall be final.

Note (5)-In case of Government employee promoted prior to 01/04/2022 and opted for the grant of promotional benefit from his old date of increment under PSPCL Regulations, which happens to fall on or after 01/04/2022, in that case his pay is first to be fixed in the level of the post from which he is promoted corresponding to the level in the Central Pay Matrix as defined in Rule 7. Subsequently on next date of increment so arrived as per Rule 10 in the level of the post to which the Government employee is promoted, his pay will be refixed and two increments shall be granted in the corresponding level of 7th CPC 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.

12. Overriding effect of Rules:-The provisions of the Fundamental Rules, the Central Civil Services (Revision of Pay) Rules, 1947, the Central Civil Services (Revised Pay) Rules, 1960, the Central Civil Services (Revised Pay) Rules, 1973, the Central Civil Services (Revised Pay) Rules, 1986, the Central Civil Services (Revised Pay) Rules, 1997 and the Central Civil Services (Revised Pay) Rules, 2008 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.

13. Power to relax:-Where the Administrator, UT Chandigarh is satisfied that the operation of all or any of the provisions of these Rules causes undue hardship in any particular case, he may, by order, dispense with or relax the requirements of that Rule to such extent and subject to such conditions as he may consider necessary for dealing with the case in a just and equitable manner.

14. Interpretation:-If any question arises relating to the interpretation of any of the provisions of these Rules, it shall be referred to the Government for decision.

(Sd.) . . .,

DR. VIJAY NAMDEORAO ZADE, IAS, Finance Secretary, Chandigarh Administration.

UNDERTAKING

I, hereby undertake that in the event of my pay having been fixed in a manner contrary to the provisions contained in Electricity Wing of Engineering Department UT Chandigarh Employees (Revised Pay) Rules, 2023, 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____________________________

Department/Office_______________________This is Digitally Signed Gazette. To verify, visit : https://egazette.chd.gov.in CHD. ADMN. GAZ., JUNE 15, 2023 (JYST. 25, 1945 SAKA) 1253

SCHEDULE

PART A

Central Pay Matrix

SCHEDULE

PART B

PSPCL PAY MATRIX

SCHEDULE

PART C

MERGER TABLE

SCHEDULE

PART D

MULTI TASKING STAFF (MTS)

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consequences and also for any other misrepresentation etc."

064—Ptg. & Sty. Deptt., U.T., Chd.