Bihar Gazette, 21 January 2010

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REGISTERED NO. PT.-40 REGISTERED NO. PT.

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1 MAGH, 1931 (S)

(NO.PATNA 61) PATNA,

PATNA, THURSDAY, 21ST JANUARY 2010

2010 No. 3 ,& 2 os,& 2 os,& 2 os,& 2 os ---- i qi qi qi q ---- &16@09&16@09&16@09&16@09 &630&630&630&630 FINANCE DEPARTMENT ——— R E S O L U TI O N The 21 s t January 2010

Subject:- Revision of the pay scales of Sta

te Gove rnment employees w ith Revision of the pay scales of State Gove rnment employees w ith eff ect f rom 1st January 2006. eff ect f rom 1st January The Government of India has revised pa y sc ales/pay structure on t he The Government of India has revised pa y sc ales/pay structure on t he The Government of India has revised pa y sc ales/pay structure on t he recomme ndation of the 6 t h Ce ntral Pa y Commission, with effect from mission, with effect from recomme ndation of the 6 2006. The Sta te Governme nt vide its Resolution No. 11070, dated 2006. The Sta te Governme nt vide its Resolution No. 11070 01-01-2006. The Sta te Governme nt vide its Resolution No. 11070 inter alia a revised 08, constituted a Pa y Committee for recommending inter alia 30-12-08, constituted a Pa y Committee for recommending pay structure for the State Government e mploye es in the light of the pay structure for the State Government e mployees in the light of the recomme ndations made by the Sixth Centra l Pay Commission for the revised recomme ndations made by the Sixth Centra l Pay Commission for the revised recomme ndations made by the Sixth Centra l Pay Commission for the revised pay structure for e mpl oyees under the Ce ntral Governme nt. On 21 st Dece mber, pay structure for e mpl oyees under the Ce ntral Governme nt. On 21st 2009 the Pa y Commit tee submitted its Report relating to pa y sc ales and other 2009 the Pa y Commit tee submitted its Report relating to pa y sc ales and other 2009 the Pa y Commit tee submitted its Report relating to pa y sc ales and other benefits to the State Government e mployees .

ts to the State Government e mployees .

2. The State Governme nt has gi ven careful consideration to the The State Governme nt has gi ven careful consideration to the The State Governme nt has gi ven careful consideration to the recomme ndations of the Pay Committee, alongwith the recommendations of recomme ndations of the Pay Committee, alongwith the recommendations of recomme ndations of the Pay Committee, alongwith the recommendations of 12203 dated three me mber Committee constituted vide Resolution no. 12203 dated three me mber Committee 23-12-2009 to scrutinize the recommenda tions of the Pa y Committee, in 09 to scrutinize the recommenda tions of the Pa y Committee, in 09 to scrutinize the recommenda tions of the Pa y Committee, in respect of the State Government e mployee s and have decided t o accept the respect of the State Government e mployee s and have decided t o accept the respect of the State Government e mployee s and have decided t o accept the running Pa y Bands and Grade Pa y based ne w revised pa y structur e. Schedule I running Pa y Bands and Grade Pa y based ne w revised pa y structur e. running Pa y Bands and Grade Pa y based ne w revised pa y structur e. Schedul e II contains contains the nor mal re place ment re vised pa y structure and Schedul e II contains the nor mal re place ment re vised e been appointed on/or the entry pa y structure for the new entrants who ha ve been appointed on/or the entry pa y structure for the new entrants who ha v after 01-01-2006. De part ment wise and post wise existing pay scales and 2006. De part ment wise and post wise existing pay scales and 2006. De part ment wise and post wise existing pay scales and ga zetted posts, under the State revised scales of pay of the Gazetted and Non-ga zetted posts, under t revised scales of pay of the Gazetted and Non Government, are at Sc hedule III.

Sc hedule III.

3. The revised pa y structure shall come into effect notionally from 1 s t J anuary, 2006. Howe ver, the actual pa yment s in the re vised pa y st ructure would arise with effect from 1 s t April, 2007. The revised pa y structure will apply to all State Government e mployees who were i n service on 1 s t J anua ry, 2006 a nd to all new appointme nts made on or after the said date. Provided t hat in respect of the Governme nt e mployees who were under suspension or on leave or were not on duty on 1st J anuary 2006, the re vis ed pay structure will be applicable from the date of return to duty and no ar rears would be admis sible for the period of absence.

4. Definitions.— The provisions in this resolution unless the context otherwise requires: -

(i) "existing basic pay" means pa y dra wn in the prescribed existing scale of pa y, including sta gnation incre ment(s), but does not include a ny other type of pa y like ' special pay' etc. (ii) "existing sc ale" in relation to a Governme nt servant means the present scale applicable to the post held by the Government servant (or , as the ca se ma y be, personal scale applicable to hi m) as on the 1 s t day of J anuary, 2006 in a substantive or officiating capacit y.

(iii) "existing emoluments " mean the sum of (i) existing basic pa y, (ii) dearness pay appr opriate to the basic pa y a nd (iii) dearness allowance appropriate to the basic pa y + de arness pa y at index avera ge 536(1982=100).

(iv) "present scale" in relation to any post/ grade s pecified in column 2 of the Sche dule I.

(v) "pay in t he pay band" mea ns pa y drawn in the running pa y bands specified in column 4 of Schedule III read with Column 4 of the Schedule I.

(vi) "grade pay" is the fixed amount corresponding to the pre - revised Pa y scales/pos ts.

(vii) "revised pay struct ure" in relation to any post specified in column 2 of Sc hedul e III means the pa y band and grade pa y specified against that post in column 4 and 5 of Schedule III.

(viii) "basic pay" in the re vised pa y structure means the pay drawn in the prescribed pa y band plus the applic able grade pa y but does not include a ny other type of pa y li ke s pecial pay etc. (ix) "revised emoluments" means the pa y in the pay band plus grade pa y of a Government ser vant in the re vised pa y structure.

(x) "Schedule" mea ns a s chedule appende d to t his Resolution. 5. Exercise of option.—A Government e mployee ma y elect to continue to draw pa y in the existing scale until the date on which he earns his next or subsequent incre ments in the existing scales or until he vacates his post or ceases to draw pa y in that scale subj ect to the following condition : -

(i) The option to retain the existing scale shall be available onl y in respect of the present pre -re vised scale of pa y.

(ii) The aforesaid option shall not be admiss ible to any person appointed to a post on or after 1 s t J anuar y, 2006, whether for the first time in Government Ser vice or by transfer or promotion from ex-ca dre post and he/she shall be allowed pay in the re vised pa y structure.

(iii) The option shall ha ve to be exercised in writing within three months from the date of publication of thi s Resolution in the Ga zette in the for m of option as contained in 'Schedule IV' appended to 'this Res olution, so as to reach the Head of Office3 BIHAR GAZETTE (EXTRA), 21ST JANUARY 2010 in case of Non-Ga zet ted Government ser va nts and in case of Ga zetted Governme nt serva nts, the pa y s lip section of the Finance De part ment/ Accountant General, with a copy to the head of the Office. Where a Governme nt e mployee is under suspension/ on lea ve on the date, the option ma y be e xercised within three months fr om the date of his/ her return to dut y. (iv) If the intimation re gar ding the option is not received within the stipulated period" or the e mployee concerne d draws his pay in the new pa y structure within the period, it will be dee med that he/she has elected to be governed by the ne w pa y structure with effect from 01-01-2006.

(v) A Government Ser va nt who opts to continue in the existing scale will be entitled to the dearness allowance and other allowances at the exist ing pre -re vised rates.

(vi) The option once exerc ised shall be final.

6. Drawal of pay in the revised pay structure.— Sa ve as other wise provide d in this Resolution, a Government s ervant shall draw pa y in the revised pay structure applicable to the post to which he is appointed;

Provided that a Gove rnment servant ma y elect to continue to draw pay in the existing scale until the date on which he earns his next or any s ubsequent incre ment in the exist ing scale or until he vacates his post or ce ases to draw pay in that scale. Provided further that in cases where a Government ser vant ha s been placed in higher pa y scale between 01-01-2006 and the date of issue of this order on account of promotion, etc., the Government ser vant ma y elect to switch over to the re vised pa y structure from the date of such promotion, etc. Explanation-1 The option to retain the existing scale under this provision shall be admissible only in respect of one existing scale.

Explanation-2 The aforesaid option shall not be admiss ible to any person appointed to a post on or after the 1st day of J anuary, 2006, whether for the first time in Government se rvice or by transfer from another post and he shall be allowe d pa y onl y in the revised pa y structure.

7. Fixation of Initial pay in the revised pay structure.—(1) The initial pay of a Gover nment servant who elects, or is deemed to ha ve elected to be governed by the re vis ed pa y structure on and from the 1 s t da y of J anuary, 2006 shall, unless in any case the State Government by special order otherwise directs, be fixed sepa rately in respect of his substantive pa y in the post on which he holds a lien or would ha ve held a l ien if it had not been suspended, in the following manner, na mel y: -

(A) In the case of all employees:-

(i) The pay in the pay band / pay scale wil l be determined by multiplying the existi ng basic pa y as on 01-01-2006 by a factor of 1.86 and rounding off the res ultant figure to the ne xt multiple of 10.

(ii) If the mini mum of the revised pa y band corresponding to the post is more than the a mount arri ved at as pe r (i) above, the pa y shall be fixed at the minimum of the ' re vised pa y band.

Where in the fixation of pay, the pay of Government ser vants drawing pay at two or more c onsecutive sta ges in a n existing scale gets bunched, that is to say gets fixed in the revised pa y structure at the same sta ge in the pay band, then for ever y two stages so bunche d, benef it of one increment shall be give n so as to avoid bunchi ng of more than two stages in the revised running pa y bands. For this purpos e, the incre ment will be calculated on the pay in the pa y4 BIHAR GAZETTE (EXTRA), 21ST JANUARY 2010 band. Grade pa y would not be ta ke n into a ccount for the purpos e of granting incre ments to alle viate bunching.

If by stepping up of t he pa y as above, the pay of a Government servant gets fixed at a stage in the revised pa y band/pay scale (where appl icable) which is higher tha n the s tage in the re vised pay band at which t he pa y of a government ser va nt who was dra wing pa y a t the next hi gher sta ge or stages in the same existing scal e is fixed, the pay of the latter shall also be stepped up only to the extent by which it falls short of that of the for mer.

(iii) The pay in the Pay Band will be determi ned in the above manner. In a ddition to the pa y in the pa y ba nd, grade pa y corresponding to the post as indicated in Schedule III will be paya ble.

(B) In the case of e mpl oyees who are in re ceipt of special pa y/ allowance in addition to pay in the existing scale which has been recommended for replace ment by a pay band and gr a de pa y without any special pay allowance, pa y shall be fixed in the revised pay structure in accordance with the provisions of claus e (A) above. Note-1 Where a post has been upgraded the fixation of pay in t he applicable pay band will be done in the manner pres cribed in accordanc e with above Clause (A) (i) and (ii) by multiplying the existing basic pay as on 01-01-2006 by a fa ctor of 1.86 and rounding the resultant fi gur e to the next multiple of te n. The grade pa y corresponding to the upgr aded scale will be pa yable i n addition.

Note-2 Where in the fixation of pa y under this provision, t he pa y of a Government ser vant, who, in the e xisting scale was dra wing immediatel y before the 1 s t da y of J anuary, 2006 more pa y than another Government ser vant j unior to hi m in the sa me cadre, gets fixed i n the revised pa y band at a stage lower than tha t of such j unior, his pay shall be stepped up to the same sta ge in the revised pa y band as that of the j unior.

Note-3 In cases where a senior Government ser vant promoted to a higher post before the 1 s t da y of January, 2006 draws le ss pay in the revised pay structure than his j unior who is promoted to the higher post on or after the 1 s t da y of J anuary, 2006, the pa y in t he pa y band of the s enior Government ser vant s hall be stepped up to an a mount equal to the pay in the pa y ba nd as fixed for his j unior in that hi gher post. The stepping up shall be done with effect from the date of promotion of the j unior Governme nt serva nt subj ect to the fulfill ment of the following conditions, na mel y: -

(a) both the j unior and the senior Government s ervants s hould belong to the sa me cadre and the posts in which the y ha ve been promoted should be identical in the sa me cadre .

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

(c) the senior Government servants at the time of promotion should have been dra wing equal or more pa y than the j unior.

(d) The anomal y should be directly as a res ult of the application of the provisions of Funda mental Rule 22 or any other rule or order regulating pa y fixation on such promotion in the revised pay structure. If e ven in the lower post, the j unior officer was drawing more pa y in the pre -re vised scale than the s enior by virtue of any adva nce incre ments granted to him, provis ion of this Note need not be invoke d to step up the pa y of the seni or officer.

Note-4 Where the existing emoluments exceeds the revised e moluments in the case of any Government servant, the diffe rence shall be allowed as personal pa y to be abs orbed in future increas es in pa y.

Note-5 Where a Government servant is in receipt of personal pa y on the 1 s t day of J anuary, 2006, which together with his existing e moluments exceeds the re vised e molume nts, then, the difference representing such excess shall be allowed to such Gover nment ser vant as personal pay to be abs orbed in future increases in pa y.

Note-6 Fit ment table in ne w pay structure is appended as Schedule V I. Note-7 Grade Pa y will determi ne seniorit y of posts onl y within a ca dre 's hierarchy a nd not between various c adres.

8. Fixation of pay in the revised pay structure of em ployees appointed as fresh recruits on or after 01-01-2006.—Schedule II of this Resolution indicates the entry le vel pay in the pa y band at which the pa y of direct recruits to a particular post c arrying a specific gr ade pa y will be fixe d on or after 01-01-2006. This wil l also be a pplied in those cases who were recruited between 01-01-2006 t o 31-12-2008.

In such cases where t he e moluments in the pre -re vised pa y scale (s) [i.e. basic pa y in the pre -re vised pa y scale( s) plus Dearness Pa y plus Dearness Allowance applicable on the date of j oining] exceeds the sum of pay fixed in the revised pa y struct ure and the applicable dearness allowance thereon, the difference shall be allowed as personal pa y to be absorbed in future increme nts in pay. The e mployee s appointed between 01-01-2006 to 01-04-2007 will get the financial benefits of the re vised pa y structure onl y wit h effect of 01-04-2007.

9. Rate of increm ent in the revised pay structure.—The rate of incre ment in the revis ed pay structure will be 3% of the sum of the pay in the pay band and gra de pay a pplicable, whic h will be rounded of f to the next multiple of 10. In this exercise the fraction in paisa shall be a voided. This will be applicable to all the e mployees of the Sta te.

10. Date of ne xt incr em ent in the revised pay structure.—There will be a unifor m date of annual incre ment, vi z. 1st J uly of ever y yea r. Employees completing 6 months and above in the revi sed pay structure as on 1st of J uly will be eligible to be granted the incre ment . The first increment after fixation of pay on 1.01.2006 i n the revised pa y structure will be gra nted on 1-07-2006 for those employees for whom the date of next increment was between 1st .J uly, 2006 to 1st J anuar y, 2007.

Provided that in the case of persons who had been drawing maxi mum of the existing scale for more than a year as on the 1st day of J anuary, 2006, the next incre ment in the revised pa y structure shall be allowed on the 1 s t da y of J anuary, 2006. Therea fter, the above provisi on would appl y.

Provided that in cases where an e mployee r eaches the maxi mum of his pay band shall be placed in the next hi gher pay band after one ye ar of reaching such a maxi mum. At t he time of place ment in the higher pa y ba nd, benefit of one incre ment will be provide d. Note- In cases where two existing scales, one being a promotional scale for the other are mer ged, a nd the j unior Governme nt serva nt, now drawi ng his pay at equal or lower stage in the lower sc ale of pay, happens t o draw more pa y in the pa y band in the re vised pa y structure than the pay of the senior Government se rvant in the existing higher s cale, the pa y in the pay band of the senior Government ser vant s hall be stepped up to t hat of his j unior from the sa me date and he shall draw next incre ment in accordance with the a bove rule.

11. Fixation of pay in the revised pay structure subsequent to the 1st day of January , 2006.— Where a Governme nt serva nt continues to draw his pa y in the existing scale a nd is brought over to t he re vised pa y structure from a date later than he 1 s t da y of J anuary, 2006, his pay from the later date in the revised pay structure shall be fixed in the following manner: -

(1) Pa y in the pay band will be fixed by adding the basic pay applicable on the later date, the dearness pay applicable on that date and the pre-re vised dearness allowance based on rates applicable as on 01.01.2006 This figure will be rounded off to the next multiple of 10 and will then become the pay in the applicabl e pay band. In addition to this the grade pa y corresponding to the pre -re vised pa y scale will be pa yable.

12. Fixation of pay on prom otion on or after 01-01-06.—In the c ase of promotion from one grade pa y to another in the revised pay structure, the fixation will be done a s follows: -

One incre ment equal t o 3% of the sum of the pa y in the pa y ba nd and the existing grade pa y will be computed and rounded off to the ne xt multiple of 10. This will be added to the existing pay i n the pay band (as defined in para 4(v)). The grade pa y corresponding to the promotion post will thereafter be granted in addition to this pay in the pay band. In cases where promotion invol ves change in the pa y band also, the s a me methodology will be followed. Howe ver , if the pay in the pay band after adding the incre ment is less than the mi ni mum of the highe r pay band to which promotion is taking pla ce, pay in the pay band will be stepped to such mini mum.

Note:- On promotion from one grade to another/f inancial up gradation under ACP, a Government servant has an option under FR22(1)(a)(1) to get his pay fixed In the higher post either from "the date of his promot ion, or from date of his next i ncre ment, vi z 1st J ul y of the year. The pa y will be fixed in the following manner in the re vised pay structure: - (a) In case the Governme nt servant opts to get his pay fixed from his date of next increment , then, on the date of promotion, pa y in the pay ba nd shall continue unchanged, but the grade pa y of the higher post will be granted. Further re -fixation will be done on the date of his next incre ment i.e. 1st J uly. On that da y, he will be granted two incre ments one annual incre me nt and the second on account of promotion. While computing t hese two incre ments, basic pay, prior to the date of promotion shall be taken into account. To illustrate, if the basic pa y prior to the date of promotion wa s Rs.100, first increment would be computed on Rs.100 and the sec ond on Rs .103.

(b) In case the Governme nt servant opts to get his pay fixed in the higher gra de from the date of his promotion, he shall get his first incre ment in the higher grade on the ne xt 1st J uly if he was promoted between 2nd J uly and 1st J anuary. Howe ver, if he was promoted bet ween 2nd J anuary and 30th J une of a particular year he shall get his incre ment on 1st J uly of next year .

13. The Depart ments of the State Gover nment are advised to bri ng to the notice of the Finance Depart ment any omission or mista ke found in the details as contained in this resolution for rectification and/for other suitable action. If any confusi on/discrepanc y arises in i mple mentation of the provision regarding re vised pa y structure the matter should be referred to the Finance Depart ment.

14. There ma y be cas es where it has not been possible to fix suitable revised pa y structure for posts on fixed/consolidated rate of pa y or scales of7 BIHAR GAZETTE (EXTRA), 21ST JANUARY 2010 pay, the depart ments are advised to exa mi ne such cases on the basis of prescribed qualification, nature of duties, revised pa y structure and other relevant factors and refer each such case to the Finance Depart ment for appropriate advice. The existing holder of the posts will continue to draw pa y in the existing scale with the allowances at the existing scales till a final order is issued.

15. This order overrides the resolution no. 362 dated 17.01.09, 363, dated 17-01-2009 a nd 532, dated 28-01-2009 that contained provisionall y granted re vised pa y structure for the state government e mployees in anticipation of acceptance of the recomme ndations of the Pa y Committee. Order: - Ordered that copy of this Resolution be published in the e xtra ordi nary Bihar Ga zette.

By order of the Gover nor of Bihar,

RABINDRA PANW AR, Secretary, Resour ces.

SCHEDULE - I NORMAL REPLACEMENT REVISED PAY STRUCTURE

RABINDRA PANW AR, Secretary, Resour ces.

SCHEDULE - II

ENTRY PAY IN THE REVISED PAY STRUCTURE FOR DIRECT RECRUITS APPOINTED ON/OR AFTER 1ST JANUARY 2006

PB-1 (Rs 5200-20200)

GRADE PAY PAY IN THE PAY BAND TOTAL

1800 5200 7000

1900 5830 7730

2000 6460 8460

2400 7510 9910

2800 8560 11360

PB-2 (Rs. 9300-34800)

GRADE PAY PAY IN THE PAY BAND TOTAL

4200 9300 13500

4600 12540 17140

4800 13350 18150

5400 14880 20280

PB-3 (Rs. 15600-39100)

GRADE PAY PAY IN THE PAY BAND TOTAL

5400 15600 21000

6600 18750 25350

7600 21900 29500

PB-4 (Rs. 37400-67000)

GRADE PAY PAY IN THE PAY BAND TOTAL

8700 37400 46100

8900 40200 49100

10000 43000 53000

12000 47100 59100

RABINDRA PANW AR, Secretary, Resour ces.