Resolution

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

N o. 20 4 2 CU TTAC K, FR ID A Y , N OV EMB ER 0 1, 201 9 /KA RTIKA 1 0 , 19 41

[No.9466- SSEPD-DA-6-SIDR-0002/2018/SSEPD.]

SOCIAL SECURITY & EMPOWERMENT OF PERSONS WITH DISABILITIES DEPARTMENT

RESOLUTION

The 29th October, 2019

Subject: Revised Scales of Pay, 2017 for the employees of State Institute of

Disability Rehabilitation (SIDR), Bhubaneswar.

Consequent upon revision of pay of the State Government employees in 7th Pay Commission under ORSP 2017, Government have been pleased to allow the revision of the Scales of Pay to the eligible employees of State Institute of Disability Rehabilitation (SIDR) getting salary in shape of Grant-in-Aid with effect from 1st July, 2018.

2. The revised Scales of Pay shall apply only to those employees who are appointed against the regular posts under SIDR carrying regular Scale of Pay.

3. For the purpose of this Resolution:—

(i) "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;

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

(iii) "Department" means Department of Social Security & Empowerment of Persons with Disabilities of the Government;

(iv) "Employee" means the employee as defined in Para 2;

(v) "Existing basic pay" means pay drawn in the prescribed existing Pay Band (including-1S) and 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";

(vi) "Existing Pay Band and Grade Pay" in relation to a pay band and grade pay of an employee means the Pay Band and Grade Pay (including -1S) applicable to the post held by the employee, as the case may be, any personal pay in the Pay Band and Grade Pay applicable to him as on the 1st day of July, 2018 whether in a substantive or temporary capacity;

(vii) "Existing pay structure" in relation to an employee means the present system of Pay Band and Grade Pay (including-1S) applicable to the post held by the employee as on the 1st day of July, 2018 whether in a substantive or officiating capacity.

(viii) "Existing emoluments" means the sum of existing basic pay and existing dearness allowance allowed to the basic pay as on the 1st day of July, 2018;

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

(x) "Head of the Office" means General Manager, SIDR;

(xi) "Level" in the Pay Matrix means the Level corresponding to the existing Pay Band and Grade Pay attached to the post/grade as specified in the First Schedule;

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

(xiii) "Pay matrix" means Matrix as specified in the First Schedule, with Levels of pay arranged in vertical cell as assigned to corresponding existing Pay Band and Grade Pay;

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

(xv) "Revised emoluments" means the pay in the Level of an employee in the revised pay structure;

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

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

4. Introduction of Pay Matrix and date of its effect :

The Pay Matrix, in replacement of the Pay Bands and Grade Pays as in force immediately, shall be as specified in First Schedule. The revised pay structure shall have effect from the 1st July, 2018.

5. Fitment Principle :

(i) The pay in the applicable Level in the Pay Matrix shall be the pay obtained by multiplying the existing basic pay (pay in Pay Band + Grade Pay) as on 1st July, 2018 by a factor of 2.57 rounded off to the nearest rupee and the figure so arrived at will be located in that entitled Level in the Pay Matrix. If 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 in the Pay Matrix.

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

6. Drawal of pay in the revised pay structure :

An employee of SIDR shall draw pay in the corresponding pay in the Level of the Pay Matrix in revised pay structure applicable to the post to which he is appointed. However, an employee may elect to continue to draw pay in the existing Pay Band and Grade Pay until the date on which he earns his next or subsequent increment in the existing pay structure or until he vacates his post or ceases to draw pay in one Pay Band and Grade Pay. In no case an employee shall opt to continue in existing pay structure beyond the date of issue of this resolution.

(a) The option to retain in the existing pay structure shall be admissible only in respect of one Pay Band and Grade Pay.

(b) The aforesaid option shall not be admissible to any person appointed afresh to a post on or after 1st day of July, 2018 as fresh recruit.

7. Exercise of option :

All employees shall be deemed to have come over to the revised pay structure with effect from the 1st July, 2018 except where the employee has opted for a date after 1st July, 2018 under the provisions of this resolution.

No option shall however be exercised in case of direct recruits appointed on or after 1st July, 2018.

(i) The option under this para shall be exercised in writing in the Second Schedule annexed to this resolution so as to reach the Head of Office within three months from the date of publication of this resolution or where an existing Pay Band /Grade Pay has been revised by any order made subsequent to that date, within three months of the date of such order.

(ii) (a) In case of an employee who is on the date of such publication of the resolution or, as the case may be, date of such order, is on leave, 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 publication of this resolution to the Head of Office.

(b) Where an employee is under suspension on the date of 1st July, 2018, the option may be exercised within three months of the date of his return to his duty after 1st July, 2018.

(iii) If the intimation regarding option is not received within the stipulated period, the employee shall be deemed to have elected to be governed by the revised pay structure with effect on and from the 1st July, 2018.

(iv) The option once exercised shall be final.

(v) Persons whose services were terminated on or after 1st July, 2018 and who could not exercise the option within the prescribed time limit, on account of4 discharge on the expiry of the sanctioned posts, resignation, dismissal or removal on disciplinary grounds are entitled to the revision of pay.

(vi) Persons who have died on or after the 1st July, 2018 and could not exercise option within prescribed time limit are deemed to have opted for the revised pay structure on and from the day of 1st July, 2018.

(vii) Persons who have retired from service after 1st July, 2018 shall exercise option to come over to the revised pay structure so as to reach the Head of Office within three months from the date of publication of this resolution.

8. Fixation of pay in the revised pay structure:

The initial pay of an employee who elects, or is deemed to have elected under Para. 7 of this Resolution to be governed by the revised pay structure on and from the 1st July, 2018 be fixed in the following manner :—

(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 July, 2018 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-para. (i) above, the pay shall be fixed at minimum pay or the first Cell of that applicable Level.

(iii) Where the existing emoluments exceed the revised emoluments in the cases of any employee, the difference shall be allowed as "Personal Pay" to be absorbed in future increases in pay.

(iv) Fixation of pay in the revised scale shall be made in the form appended to this resolution as Third Schedule.

(v) Where in the fixation of pay under sub-para. (i), the pay of an employee, who, in the existing pay structure was drawing immediately before the 1st day of July, 2018 more pay than another employee 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) In case where a senior employee promoted to a higher post before the 1st day of July, 2018 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 July, 2018, the pay of the senior 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 such5 stepping up shall be done with effect from the date of promotion of the junior employee subject to the fulfillment of the following conditions, namely :—

(a) Both the junior and senior employee 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 structured of the lower and higher post in which they are entitled to draw pay should be identical;

(c) The senior employee 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 employee must be senior to the junior employee 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 officer 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;

(vii) Where the pay of an employee is fixed in the revised scale at a stage equal to the stage of another employee junior to him on 1st July, 2018, but subsequently, the junior employee gets more pay than him due to grant of next increment in the revised structure after 1st July, 2018 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.

9. Increment in Pay Matrix :

After fixation of pay in the appropriate Level in the Pay Matrix as specified in paragraph-8 above, the subsequent increment in the Level shall be at the immediate next higher Cell vertically arranged.

10. Date of Increment :

The date of next increment in the revised pay structure shall be twelve months from the date of last increment sanctioned. Where the pay is fixed in the revised pay structure at the first cell of the level, the date of next increment shall be the anniversary of the date of coming over to the revised pay structure.

11. Level of the posts :

The Level of the posts shall be determined in accordance with the various Levels as assigned to the corresponding existing pay band and grade pay as specified in the Pay Matrix.

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

recruits on or after 1st July, 2018.

The pay of employees appointed by direct recruitment or by regularization from contractual service on or after 1st day of July, 2018 shall be fixed at the minimum pay of the first cell in the level applicable to the post to which such employees are appointed.

Where the existing emoluments of an employee appointed on or after 1st July 2018 happen to exceed the first cell in the level, as applicable to the post to which such employee is appointed on or after 1st July, 2018, such difference shall be paid as "Personal Pay" to be absorbed in future increments in pay.

13. Revision of pay from a date subsequent to 1st day of July, 2018 :

Where an employee who continues to draw his pay in the existing pay structure is brought over to the revised pay structure from a date later than the 1st day of July, 2018, his pay in the revised pay structure shall be fixed in the manner prescribed in Para. 8 of this resolution.

14. Fixation of pay on promotion on or after 1st day of July 2018 :

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/ she 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/ she 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 in7 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 employee 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.

15. Modified Assured Career Progression (MACP) Scheme:

The Modified Assured Career Progression Scheme (MACPS) is introduced with effect from the 1st July, 2018 for employees of SIDR to address the stagnation in the scale. There shall be three financial upgradations under MACP Scheme counted from the direct entry grade i.e. the date of availing 100% Grant for the post on completion of 10, 20 & 30 years of service respectively in absence of promotion. The Scheme is as follows:—

(i) There shall be three financial upgradations under the MACPS, counted from the direct entry grade i.e. the date of availing 100% Grant for the post on completion of 10, 20 and 30 years of service respectively. An employee before getting MACP if avails first promotion, he shall not be considered for 1st MACP. Similarly after availing 1st MACP, if he gets 1st promotion, this shall be covered as 1st financial upgradation under the scheme. The second financial upgradation under MACP shall be 10 years after the 1st promotion/ Career Advancement Scale or 20 years of service whichever is earlier.

Second promotion prior to that, shall cover the 2nd MACP. The third financial up gradation will be further 10 years from 2nd promotion or 2nd MACP whichever is earlier. The 3rd MACP stands covered if the 3rd promotion availed prior to the above;

(ii) The MACPS envisages merely placement in the immediate next higher Level in the Pay Matrix. Thus, the Level at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. In such cases, the higher Level attached to the next promotional post in the hierarchy of the concerned cadre will only be at the time of regular promotion;

(iii) The financial upgradations under the MACPS would be admissible up to the Level-14 in the Pay Matrix;

(iv) There shall be a Screening Committee to decide the eligibility of the employee for upgradation under MACPS. The Screening Committee shall follow a time schedule and meet twice in a financial year, preferably in the first week of January and first week of July every year for advance processing of the cases maturing in that half year. Accordingly, cases8 maturing during the first-half, i.e. April to September of a particular financial year shall be taken up for consideration by the Committee in the first week of January. Similarly, the Screening Committee meeting in the first week of July shall process the cases that would be maturing during the second half, i.e. October to March of the same financial year. Appointing Authority shall constitute screening committee for MACPS;

(v) Benefit of pay fixation available at the time of regular promotion shall also be allowed at the time of financial upgradation under the scheme.

There shall, however, be no further fixation of pay at the time of regular promotion. Fixation benefits availed under TBA scale and ACP would be adjusted while considering financial upgradation under MACPS.

(vi) Promotions earned in the post carrying same Level in the promotional hierarchy as per recruitment rules shall be counted for the purpose of MACPS. In cases, where the promotional post carries the same Level in their recruitment rules, then the employee in financial upgradation under MACP Scheme shall move to the next immediate higher Cell instead of next higher Level;

(vii) If a financial upgradation under the MACPS is deferred and not allowed after 10 years in a Level, due to the reason of the employees being unfit or due to pendency of departmental proceedings, or judicial proceedings this

upgradation which would also get deferred to the extent of delay in grant of first financial upgradation. The approach would be same for similar eventualities arising at 20 or 30 years as the case may be;

(viii) In the matter of disciplinary or judicial proceedings, grant of benefit under the MACPS shall be subject to rules governing normal promotion.

Such cases shall be regulated under the laws under which the judicial proceedings are instituted, as the case may be;

(ix) On grant of financial upgradation under the scheme, there shall be no change in the designation, classification or higher status.

(x) The MACPS contemplates merely placement on personal basis in the immediate higher Level/grant of financial benefits only and shall not amount to actual functional promotion of the employees concerned.

Therefore, no reservation orders shall apply to the MACPS. However, the rules of reservation in promotion shall be ensured at the time of regular promotion. For this reason, it shall not be mandatory to associate members of SC / ST in the Screening Committee meant to consider cases for grant of financial upgradation under the Scheme;

(xi) Financial upgradation under the MACPS shall be purely personal to the employee and shall have no relevance to his position of seniority in the grade. As such, there shall be no stepping up of pay/ antedation of increment between senior and junior after regulation of pay under MACPS;

(xii) Pay drawn in the Level allowed under the MACPS shall be taken as the basis for determining the terminal benefits in respect of the retiring employee, if any;

(xiii) If a regular promotion in due course is refused by the employee before becoming entitled to a financial upgradation, then there shall be no financial up gradation under MACPS as the employee has not been stagnated due to lack of promotional opportunity. If, however, financial upgradation has been allowed due to stagnation and the employee refuses the subsequent promotion, it shall not be a ground to withdraw the financial up-gradation. He shall, however, not be eligible to be considered for further financial upgradation till he agrees to be considered for promotion again and the next financial upgradation shall also be deferred to the extent of period of debarment due to such refusal. Similarly, refusal of MACP is automatically construed as refusal of promotion in the same manner;

upgradation under the MACPS;

(xv) There shall be no further financial upgradation under MACPS, if an employee has already availed three financial upgradations under MACPS/ Promotion;

(xvi) If there is no fixation of pay on promotion on account of availing benefits under MACPS, the usual date of increment shall be retained;

(xvii) All promotions within or across the cadre supported by rules shall be considered as upgradations under MACPS. An employee joining a post as an outsider will be counted afresh in that post for MACP benefits;

(xviii) Financial upgradation in favour of an employee under MACPS shall not be considered if he is found unsuitable for promotion or does not fulfill the conditions for promotion;

(xix) The pay of an employee shall be fixed on 1st July, 2018 under MACP scheme stage-wise on completion of 20 and 30 years of service before 1st July, 2018 without promotion as the case may be. Pay shall be fixed in 1st MACP on 1st July, 2018 then in 2nd MACP on the same date in case of 20 years and then in 3rd MACP in case of 30 years of service.

(xx) Placement of an employee in the appropriate level under MACPS depends upon the number of promotions already availed. As such, the applicable level for fixation of pay under this Resolution shall be the level of the post the employee holds or his entitlement under MACPS whichever is higher.

16. Authority competent to fix the pay:

The Pay of the employees of SIDR shall be fixed by the concerned Head of the Office as defined in Para. 3(x) of this Resolution and shall be checked and verified by the Authority in the manner as in the Annexure-I attached to this resolution. The Pay Fixation Authority and Checking Authority shall be responsible for wrong fixation and excess drawal, if any.

17. Since the employees of SIDR are coming under GIA fold, the Dearness Allowance shall be allowed to the employees from time to time after sanction by Government in Social Security & Empowerment of Persons with Disabilities Department with due concurrence of Finance Department.

18. Excess payment to be recovered :

Where in course of fixation of pay under this resolution, any amount drawn or received as pay by any employee under any provision is found to be in excess of the amount payable to him under this Resolution, the excess amount so drawn or received shall be recovered from such employee for which he shall submit an undertaking as specified in the Fifth Schedule.

19. Mode of Payment :

The pay shall be fixed with effect from 1st July, 2018 or the date to which the employee has opted to come over to the revised scale of pay after 1st July, 2018.

20. Interpretation :

If any question arises relating to the interpretation of any of the provisions of this Resolution, for removal of anomalies, omissions, difficulties, printing and clerical errors, all such matters shall be referred to Department of Social Security & Empowerment of Persons with Disabilities (SSEPD) for clarification and decision. Any clarification and decision on all such matters shall be issued by the Department of SSEPD with prior consultation with Finance Department.

This Resolution issues with the concurrence of Finance Department in F.D. File No.FIN-SOS3-BT-0024-2012 and OSWAS File No. SSEPD-DA6-MISC-0012-2019 dated 23rd October, 2019.

ORDER : Ordered that this Resolution be published in an Extraordinary issue of the Odisha Gazette and copies forwarded to all Department of Government / Heads of Department / Accountant General (Audit) / Accountant General (A&E), Odisha, Bhubaneswar.

By Order of the Governor,

BHASKAR JYOTI SHARMA

Commissioner-cum-Secretary to Government11

FIRST SCHEDULE

Pay Matrix

SECOND SCHEDULE

Application form for exercising option to come over to the Revised Scales of Pay, 2017

1. (i) I____________________________holding the post of___________ _______ and drawing pay in the Pay Band and Grade Pay of ____________________ do thereby elect the revised pay structure with effect from the 1st day of July, 2018.

OR

(ii) I____________________________holding the post of______________ ____ and drawing pay in the Pay Band and Grade Pay of ____________ ___________________ do hereby elect to continue on the existing Pay Band and Grade Pay until the data ________________(i.e. the date of my next increment/ promotion or upgradation of the post/ vacant or cease to draw pay in the existing pay structure).

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 with designation

received the above declaration

Signature : ________________

Head of Office

(with seal)

Date :___________________

N.B. : Deleted which is not applicable at Para.1

THIRD SCHEDULE

From for Fixation of Pay under the Odisha Revised Scales of Pay, 2017

Pay in the Cell in the Level after increment

Office:

Signature & Designation of Pay Fixation Officer/

Competent Authority /Head of Office

FOURTH SCHEDULE

FORM FOR EXERCISING OPTION ON THE EVENT OF FIXATION OF PAY ON

PROMOTION/ FINANCIAL UPGRADATION UNDER MACPS

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 Revised Scales of Pay, 2017 on______________ i.e. the date of my joining in the promotional post or the date of financial upgradation/ the date of accrual of my next increment.

2. The optional herby exercised is final and will not be modified at any subsequent date.

Signature :_____________________

Designation :___________________

Office :________________________

Signed before me : ______________

Head of Office : _________________15

FIFTH SCHEDULE

UNDERTAKING

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 noted 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 :_________________16

ANNEXURE-1

Following procedure shall be followed up for pay fixation of the employees in the revised scale:—

1. The pay of the employees covered under this resolution shall first be fixed by the Pay Fixation Officer in the Third Schedule on the basis of option if exercised by the employee in the Second Schedule submitted before the Head of Office. Head of Office shall sign the option form as token of acceptance on receipt of the option form the employee.

2. Pay Fixation Officer Shall fix the pay of the employee within one month from the date of receipt of the option from the employee. After fixation of pay in the Third Schedule, Pay Fixation Officer shall send it to the Checking Officer in the same office along with relevant records for checking.

3. Checking Officer shall check the pay fixation statement in Third Schedule within 15 days from the date of receipt from the Pay Fixation Officer. The Checking Officer finding all correctness in the Third Schedule shall sign on it with Checked Seal. Thereafter, the same shall be sent to the Verifying Officer.

4. Verifying Officer shall verify the pay fixation statement of 10 per cent (minimum of 10 employees) of the establishment within 15 days from the date of receipt and shall furnish a certificate to this extent with name of the employees whose pay fixation statement has been verified.

5. After completion of all such work, the salary of the current month shall be drawn immediately in the revised rate, thereafter, arrear accrued from the month of July, 2018 shall be drawn and disbursed.

The Table below shows the detail about Pay Fixation Officer, Checking Officer and

Verifying Officer.

N.B. : In case of need, the Authority may declare more than one Pay Fixation Officer, Checking Officer and Verifying Officer to complete the work in schedule period. The Pay Fixation Officer and Checking Officer shall be of same office but different officer. Authority should ensure that there should be no delay on completion of such pay fixation.

Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10 Ex. Gaz. 1373-173+100