Notice

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 1428 CUTTACK, TUESDAY, JULY 30, 2019 / SRAVAN 8, 1941

HIGHER EDUCATION DEPARTMENT

NOTIFICATION

The 26th July, 2019

No.15040-HE-FE1A-POLICY-0015/2017/HE.― In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Odisha is pleased to make the following rules namely:―

1. Short title and Commencement :―

(1) These rules may be called the Odisha Revised Scales of Pay (College Teachers) Rules, 2019.

(2) They shall be deemed to have come into force on the 1st day of January, 2016.

2. Application :―

(1) Save as otherwise provided by or under these rules, these rules shall apply to all Teachers in receipt of U.G.C Scale of Pay in whole time employment of Government in posts/services.

(2) These Rules shall not apply to

(i) Persons engaged by Government on contract basis,

(ii) Persons re-employed after retirement and

(iii) Any other class or category of persons whom the Governor may by order specifically exclude from the operation of all or any of the provisions of these rules.

3. Definitions :― In these rules, unless the context otherwise requires,—

(i) "existing basic pay" means pay drawn in the prescribed existing Pay Band and Academic Grade Pay including stagnation increment, personal pay granted to protect the total emoluments on account of loss of pay, advance increments granted, if any, but does not include any other type of pay like "special pay";

(ii) "existing Pay Band and Academic Grade Pay" in relation to a Pay Band and academic Grade Pay of a Government teacher, means the Pay Band and the Academic Grade Pay applicable to the post held by the teacher or, as the case may be, any personal pay in the Pay Band and Academic Grade Pay applicable to him as on the 1st day of January, 2016;

(iii) "existing pay structure" in relation to a Government teacher means the present system of Pay Band and the Academic Grade Pay applicable to the post held by the Government teacher as on the 1st day of January, 2016:

Provided that the expressions "existing basic pay" and "existing Pay Band and Academic Grade Pay" in respect of a Government teacher who on the 1st day of January, 2016 was on deputation or on leave or on foreign service or on training or who would have on that date continued in one or more lower posts but for his officiating in a higher post, shall mean such basic pay, Pay Band and Academic Grade Pay in relation to the post which he would have held but for his being on deputation or on leave or on foreign service or on training or officiating in a higher post, as the case may be;

(iv) "existing emoluments" means the sum of existing basic pay and existing dearness allowance allowed to the basic pay as on the 1st day of January, 2016;

(v) "Pay Matrix" means Matrix as specified in the First Schedule, with Levels of pay arranged in vertical cells as assigned to corresponding existing Pay Band and Academic Grade Pay.

(vi) "Level" in the Pay Matrix shall mean the Level corresponding to the existing Pay Band and Academic Grade Pay attached to the post/grade as specified in the First Schedule;

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

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

(ix) "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;

(x) "revised emoluments" means the pay in the Level of a Government teacher in the revised pay structure;

(xi) "Schedule" means schedule to these rules;

(xii) "Cell" means the pay arranged vertically against the corresponding Pay Band and Academic Grade Pay or Level of the Pay Matrix;

(xiii) "Government" means the Government of Odisha;

(xiv) "Pay" means the pay as defined in clause (i) of sub-rule(a) of rule-33 of the Odisha Service Code in the existing scale and shall include — (a) ad hoc increment granted in the shape of personal pay on account of stagnation at the maximum of the existing Pay Band;

(b) personal pay including reducible personal pay granted due to fixation of pay to protect the total emoluments on account of loss of pay;

(c) advance increment granted, if any.

Note : A list of existing Pay Band and Academic Grade Pay and their corresponding Level in the revised pay structure in the Pay Matrix is as specified in the First Schedule.

4. Level of posts:― The Level of posts shall be determined in accordance with the various Levels as assigned to the corresponding existing Pay Band and Academic 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 teacher shall draw pay in the Level in the revised pay structure applicable to the post to which he is appointed :

Provided that a Government teacher may elect to continue to draw his pay in the existing pay structure until the date on which he earns his next increment in the existing pay

31st December 2016: Explanation: The aforesaid option shall not be admissible to any Government teachers appointed to a post on or after the 1st January, 2016 and he shall be allowed pay only in the revised pay structure.

6. Exercise of option:— (1) The option under the proviso to rule 5 shall be exercised in writing in the Form as specified in the Second Schedule so as to reach the Authority within three months of the date of notification of these rules or where any revision in the existing pay structure is made by an order subsequent to the date of notification of these rules, within three months of the date of such order:

Provided that,―

(i) In case of a Government teacher who is on the date of such notification or, as the case may be, date of such order, on leave or deputation or foreign service or active service, the said option shall be exercised in writing so as to reach the said Authority within three months of the date of his taking charge of his post and/ or within three months from the date of notification of these Rules to the Administrative Department or Heads of Department or Head of Office as the case may be; and

(ii) Where a Government teacher is under suspension on the 1st day of January, 2016, the option may be exercised within three months of the date of his return to his duty if that date is later than the date prescribed in this sub-rule.

(2) The option shall be intimated by the Government teacher to his Head of Office and where the Government teacher himself is the Head of Office the option shall be intimated to the Authority Competent to sanction his normal increment.

(3) If the intimation regarding option is not received within the time mentioned in sub- rule (l), the Government teacher 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 Government teachers who have retired on or after the 1st January, 2016 or whose services were terminated on or after the 1st January, 2016 and who could not exercise the option within the prescribed time limit, on account of discharge on the expiry of the sanctioned posts, resignation, dismissal or removal on disciplinary grounds shall be entitled to exercise option under sub-rule(l).

Note : 2 Government teachers who have died on or after the 1st day of January, 2016 and could not exercise the option within the prescribed time limit are deemed to have opted for the revised pay structure on and from the 1st day of January, 2016 or such later date as is most beneficial to their dependants if the revised pay structure is more favourable and in such cases, necessary action shall be taken by the Head of Office.

Note : 3 Government teachers who were on earned leave or any other leave on the 1st day of January, 2016 which entitled them to leave salary shall be entitled to exercise option under sub-rule (l).

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

(1) The initial pay of a Government teacher 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 it had not been suspended, and in respect of his pay in the officiating post held by him in the following manner, namely :―

In the case of all Government teachers,―

(i) the pay in the applicable Level in the Pay Matrix attached to a post shall

1st January, 2016 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 of 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;

(ii) if the minimum pay or the first Cell in the applicable Level is more than the amount arrived at as per sub-clause (i) above, the pay shall be fixed at minimum pay or the first Cell of that applicable Level.

(2) (i) A Government teacher 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 1st day of January, 2016 or the date of option for the revised pay structure;

(ii) A Government teacher, who is on study leave on the 1st day of January, 2016 shall be entitled to the pay in the revised pay structure from 1st day of January, 2016 or the date of option;

(iii) A Government teacher under suspension 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;

(iv) Where the existing emoluments exceed the revised emoluments in the case of any Government teacher, the difference shall be allowed as personal pay to be absorbed in future increases in pay;

(v) Where in the fixation of pay under sub-rule (1), the pay of a Government teacher, who, in the existing pay structure was drawing immediately before the 1st day of January, 2016 more pay than another Government teacher junior to him in the same grade in the 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;

(vi) Where a Government teacher is in receipt of personal pay on the 1st day of January, 2016, which together with his existing emoluments exceeds the revised emoluments, then the difference representing such excess, shall be allowed to such Government servant as personal pay to be absorbed in future increases in pay;

(vii) In case where a senior Government teacher promoted to a higher post before the 1st day of January, 2016 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 January, 2016, the pay of the senior Government servant 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 servant subject to the fulfilment of the following conditions, namely :―6 (a) Both the junior and senior Government teachers should belong to the same cadre and the post in which they have been promoted should be identical in the same cadre;

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

(c) The senior Government teacher at the time of promotion should have been drawing equal pay or more pay than the junior in the existing pay structure and the revised pay structure of both the employees before and after promotion should be identical;

(d) The senior Government Teacher must be senior to the junior Government teacher both in the lower post as well as in the higher post i.e. in the promotional post;

(e) If in the lower post, the junior Government Teacher was drawing more pay in the pre-revised pay structure than the senior on account of pay protection, advance increment (s) and fixation of pay due to exercise of option, provision of this sub-rule need not be invoked to step up the pay of the senior officer;

(viii) Where the pay of a Government teacher is fixed in the revised scale at a stage equal to the stage of another Government teacher junior to him on 1st January, 2016, but subsequently, the junior Government teacher gets more pay than him due to grant of next increment in the revised pay structure after 1st January, 2016 earlier than him, in such eventuality the increment of the senior shall be antedated or the pay shall be stepped up to that stage of the junior. The next increment of the senior after such antedation/ stepping up of pay shall be on the date the junior gets.

Note : Fixation of pay in the revised pay structure shall be made in the form appended to these rules as Third Schedule.

8. Fixation of pay in the revised pay structure of an employee appointed as fresh

recruits on or after 1st January, 2016:— The pay of Govt. teachers appointed by direct recruitment on or after 1st day of January, 2016 shall be fixed at the minimum pay or the first Cell in the Level, applicable to the post to which such Govt. teachers are appointed:

Provided that where the existing pay of such Govt. teachers appointed on or after 1st day of January, 2016 and before the date of notification of these rules, has already been fixed in the existing pay structure and if his existing emoluments happen to exceed the minimum pay or the first Cell in the Level, as applicable to the post to which he is appointed on or after 1st day of January, 2016, such difference shall be paid as personal pay to be absorbed in future increments in pay.

9. Increment in Pay Matrix: — After fixation of pay in the appropriate Level in the Pay Matrix under sub-rule (1) of rule 7 and 8, the subsequent increment in the Level shall be at the immediate next higher Cell vertically arranged in that Level.

10. Date of next increment in the revised pay structure:— The date of next increment in the revised pay structure shall be twelve months from the date of last increment sanctioned. In case where the pay is fixed in the revised pay structure at the minimum pay or the first Cell in the Level, the date of next increment shall be the anniversary of date of coming over to the revised pay structure.

11. Fixation of pay on promotion on or after 1st January, 2016:— 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:-

(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. However, if the pay in the Level after adding an increment is less than the minimum Cell of the higher Level to which the employee is promoted, pay shall be stepped up to such minimum Cell of that higher Level. In case where promotion is made in same Level, the pay shall be fixed in the promotional post at immediate next higher Cell of the said Level.

(ii) If an employee exercises option to fix his promotional pay not from the date of joining in the promotional post but from a later date with accrual of an increment in the lower post and to re-fix his promotional pay in the appropriate Cell in the higher Level, in such eventuality, the pay at the Cell in the Level attached to the lower post immediately before promotion is to be fixed at the appropriate Cell equal to the amount in the higher Level attached to the promotional post on the date of joining, if no such Cell is available in the higher Level then, the pay is to be fixed in the Cell next below the pay drawn in the lower post and the excess amount shall be drawn as "Personal Pay" up to the date of accrual of increment in the lower post. After accrual of increment in the lower post by moving to next higher Cell in the lower Level, the pay shall be again-re-fixed in the manner prescribed in sub-para (i) of this Para. above. In case the pay of the employee in lower Level when placed in the promotional or upgraded Level on account of exercise of option becomes less than the minimum pay or first Cell of that promotional/upgraded Level then the pay is to be placed at the minimum pay or the first Cell of that Level.

Such option shall have to be exercised by the Government servant within one month from the date of joining in the promotional post or within one month from the date of issue of this resolution as the case may be.in the prescribed format appended as Fourth Schedule of this resolution.

12. Authority competent to fix the pay:— The pay of a Government Teacher in the revised scale shall be fixed by the Authority Competent to sanction his normal increment and shall be checked and verified by the Authority in the manner adopted for the State Government employees covered under Odisha Revised Scale of Pay Rules, 2017. The Pay Fixation Authority and Checking Authority shall be responsible for wrong fixation and excess drawal, if any.

13. Excess payment to be recovered:— Where in the course of fixation of pay under these rules, any amount drawn or received as pay by any Government teacher under any rule is found to be in excess of the amount payable to him under these rules, the excess amount so drawn or received shall be recoverable from such Government servant or from his recoverable pensionary benefits for which he shall submit an undertaking as specified in the Fifth Schedule.

14. Payment of current salary and arrears: — The benefit of revised pay structure shall be effective from 1st January, 2016 and the current salary in the revised rate will be given from the month of issue of this Notification after checking of pay fixation statement and 40% of the arrears may also be drawn during the Financial Year, 2019-20 after verification of minimum 10% (not less than 10) of pay fixation statement by the Verifying Authority. The payment of balance 60% of the arrears will be made as per decision of the Government at later stage. In case of Government teachers who have already retired from service between 1st January, 2016 to the date of publication of this notification, the entire arrear salary may be drawn and disbursed in one instalment after cross verification of pay fixation statement by the Authority. Similarly, the Government Teachers retiring from service may also be paid entire arrear salary in one instalment after cross verification of pay fixation statement.

15. Interpretation:— If any question arises relating to the interpretation of any of the provisions of these rules, for removal of anomalies, omissions, difficulties, printing and clerical errors, all such matters shall be referred to the Government in Higher Education Department for clarification and decision.

By Order of the Governor

SASWAT MISHRA

Commissioner-cum-Secretary to Government9

FIRST SCHEDULE

Pay Matrix

SECOND SCHEDULE

Application Form for exercising option to come over to the

Odisha Revised Scales of Pay (For College Teachers) Rules, 2019

[See Rule-6]

1. (i) I ______________________________________________ holding the post of _____________________ and drawing pay in the Pay Band and Academic Grade Pay of _________________do hereby elect the revised pay structure with effect from the 1st day of January, 2016.

OR

(ii) I _____________________________________________ holding the post of ___________________ and drawing pay in the Pay Band and Academic Grade Pay of _______________do hereby elect to continue in the existing Pay Band and Academic Grade Pay until the date_____________ i.e. the date of my next increment.

2. The option hereby exercised is final and will not be modified at any subsequent date.

Date :_____________

Signature : ________________________

Designation : ________________________

Office : ________________________

Signed before me ________________________

Head of Office/Any other Gazetted Officer with designation received the above declaration.

Signature : ________________________

Head of Office/ Competent Authority (with seal) Date :_____________

N.B.: Delete whichever is not applicable at Para. 1.

THIRD SCHEDULE

Form for Fixation of Pay under the Odisha Revised Scales of Pay (For College

Teachers) Rules, 2019

[See Rule - 7]

Date :

Office :

Signature & Designation of Head of Office/ Competent Authority13

FOURTH SCHEDULE

Form for exercising option on the event of fixation of pay on

promotion to the next higher post/grade

[See Rule-11]

I_______________________________ holding the post of______________________ in the Level___________________ in Pay Matrix and drawing pay of Rs.________________ in the Cell ____________ do hereby elect to get my pay fixed in the Level ____________ under the Odisha Revised Scale of Pay (For College Teachers) Rules, 2019 on _____________ i.e. the date of my joining in the promotional post/ the date of accrual of my next increment.

2. The option hereby exercised is final and will not be modified at any subsequent date.

Signature : __________________________

Designation : __________________________

Office : __________________________

Signed before me________________________

Head of Office/Any Gazetted Officer14

FIFTH SCHEDULE

UNDERTAKING

[See Rule -13]

I hereby undertake that any excess payment that may be found to have been made as a result of incorrect fixation of pay or any excess payment detected in the light of discrepancies noticed subsequently will be refunded by me to the Government either by adjustment against future payments due to me or otherwise.

Signature : ________________________

Name : ________________________

Designation : ________________________ Date: ______________________

Place: _____________________

Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10 Ex. Gaz. 759-173+100