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 1stday 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;

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

structure falling due within a period of one year i.e. from 1st day of January 2016 to

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

be the pay obtained by multiplying the existing basic pay as on

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 :―

(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;

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 Government

FIRST SCHEDULE

Pay Matrix

Pay Band (Rs.)

15,600-39,100

37,400-67,000

Academic Grade Pay (Rs.)

6,000

7,000

8,000

9,000

10,000

Academic Level

Cell

13A

57,700

68,900

79,800

1,31,400

1,44,200

59,400

71,000

82,200

1,35,300

1,48,500

61,200

73,100

84,700

1,39,400

1,53,000

63,000

75,300

87,200

1,43,600

1,57,600

64,900

77,600

89,800

1,47,900

1,62,300

66,800

79,900

92,500

1,52,300

1,67,200

68,800

82,300

95,300

1,56,900

1,72,200

70,900

84,800

98,200

1,61,600

1,77,400

73,000

87,300

1,01,100

1,66,400

1,82,700

75,200

89,900

1,04,100

1,71,400

1,88,200

77,500

92,600

1,07,200

1,76,500

1,93,800

79,800

95,400

1,10,400

1,81,800

1,99,600

82,200

98,300

1,13,700

1,87,300

2,05,600

84,700

1,01,200

1,17,100

1,92,900

2,11,800

87,200

1,04,200

1,20,600

1,98,700

2,18,200

89,800

1,07,300

1,24,200

2,04,700

92,500

1,10,500

1,27,900

2,10,800

95,300

1,13,800

1,31,700

2,17,100

98,200

1,17,200

1,35,700

1,01,100

1,20,700

1,39,800

1,04,100

1,24,300

1,44,000

1,07,200

1,28,000

1,48,300

1,10,400

1,31,800

1,52,700

1,13,700

1,35,800

1,57,300

1,17,100

1,39,900

1,62,000

1,20,600

1,44,100

1,66,900

1,24,200

1,48,400

1,71,900

1,27,900

1,52,900

1,77,100

1,31,700

1,57,500

1,82,400

1,35,700

1,62,200

1,87,900

1,39,800

1,67,100

1,93,500

1,44,000

1,72,100

1,99,300

1,48,300

1,77,300

2,05,300

1,52,700

1,82,600

2,11,500

1,57,300

1,88,100

1,62,000

1,93,700

1,66,900

1,99,500

1,71,900

2,05,500

1,77,100

1,82,400

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.

(ii) I

_____________________________________________

holding

the

post

___________________ 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]

Name of the Employee.

Name of the Head of Office (Designation only)

Post

held

the

employee

(Substantive/Officiating)

Existing Pay Band and Academic Grade Pay of

the Post

Corresponding Level in the Pay Matrix of the

Pay Band and Academic Grade Pay of the

present Post

Entry grade post and its corresponding Level in

Pay Matrix

Existing Pay Band and Academic Grade Pay in

which pay is drawn

Existing Basic Pay (Pay + Academic Grade

Pay)

Pay to be fixed in the Level of Pay Matrix

Date from which option exercised to come over

to revised pay structure

Emoluments in the existing Pay band and

Academic Grade Pay on the date from which

revised pay is opted.

(a) Pay (including personal pay)

(b) Academic Grade Pay

(d) Total emolument (a + b + c)

Pay fixed in the revised pay structure by

multiplying the existing basic pay (SI.No.12) by

a factor of 2.57 and rounded off to the nearest

rupee.

The Pay Cell in the appropriate Level in which

the amount arrived at SI. No.12 is exactly fitted,

if no such Cell exact to the amount is available

then the next above Cell in that Level.

If the amount so arrived is less than the first

Cell in the Level then the pay is fitted at the first

Cell of the Level.

(Cell No. and the amount of pay be mentioned)

Date of next increment

Any other relevant information

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 Officer