Haryana Civil Services (Revised Pay) Rules 2016

Haryana Civil Services (Revised Pay) Rules 2016

HARYANA GOVERNMENT
FINANCE DEPARTMENT

Notification

The 28th October, 2016

No. 1/20/2016(RP)-5PR(FD)— In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, the Governor of Haryana hereby makes the following rules, namely:-

1. Short title and commencement.—
(1) These rules may be called the Haryana Civil Services (Revised Pay) Rules, 2016.
(2) These rules shall be deemed to have come into force on the 1st day of January, 2016, unless otherwise provided by the Government for any class or category of persons;

2. Categories of Government employees to whom these rules apply.—
(1) Save as otherwise provided under these rules, it shall apply to the persons appointed to civil services and posts in connection with the affairs of the Government of Haryana, who are under the administrative control of the Government of Haryana and whose pay is debitable to the Consolidated Fund of the State of Haryana.

Note.— These rules shall also be applicable to re-employed pensioners including military pensioners, who
are drawing pay in the existing pay structure subject to revision of pension from 1st January, 2016.
(2) These rules shall not apply to—
(a) Members of All India Services working in connection with the affairs of Government of Haryana;
(b) Officers of judicial services working in connection with the affairs of Government of Haryana;
(c) Persons not in whole time employment;
(d) Persons paid otherwise than on monthly basis, including those paid on a piece-rate basis or on daily wages basis or on contract basis or appointed under outsourcing policies;
(e) Government employee who is drawing his pay in a pay scale under Haryana Civil Services (Assured Carrier progression) rules with effect from the date on which he started drawing his pay in the pay scale under Haryana Civil Services (Assured Carrier progression) rules and till the time he draws his pay in that pay scale;
(f) Any other class or category of persons whom the Government may, by order, specifically exclude from the operation of all or any of the provisions contained in these rules.

3. Definitions.—

In these rules, unless the context otherwise requires—
(a) “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, etc;
(b) “CSR” means the Civil Services Rules applicable to Haryana Government employees as amended from time to time;
(c) “direct recruit” with reference to a post or a Government employee means the post on which such Government employee was recruited as a regular and direct recruit fresh entrant in the Government service;
(d) “existing basic pay” means pay in the existing functional pay band on the date of option plus functional Grade Pay of the post as on 31st December,2015 held by the person, it does not include any other type of pay like “special pay”, “personal pay” etc; Exception: Where a higher pay structure (other than ACP pay structures) has been
sanctioned by the competent authority to a Government employee as a measure personal to him, his basic pay in that pay structure shall be treated the existing basic pay.
(e) “existing emoluments” means the sum of (i) existing basic pay and (ii) existing dearness allowance at index average as on 1st day of January 2016. It does not include interim relief or any other relief or emoluments;

(f) “existing Pay Band and Grade Pay/Scale” or “existing pay structure” in relation to a Government employee means the present system of Pay Band and Grade Pay or Higher Administrative Grade applicable to the post held by a Government employee as on the date immediately before the coming into force of these rules whether in a substantive or officiating capacity;

Explanation: The expressions “existing Pay Band and Grade Pay/Scale” or “existing pay structure”, in respect of a Government employee who on the 1st day of January, 2016 was on deputation out of India or on leave or on foreign service, or who would have on that date officiated in one or more lower posts but for his officiating in a higher post, shall mean such basic pay, Pay Band and Grade Pay or scale in relation to the post which he would have held but for
his being on deputation out of India or on leave or on foreign service or officiating in higher post, as the case may be;

(g) “functional pay structure or functional level” in relation to a Government employee means the functional level in pay matrix prescribed for the post held by him. It does not mean any other level in which the Government employee is drawing his pay as a measure personal to him with any other justification like length of service, or higher/additional qualification or upgradation of pay scale due to any other reason;

(h) “Government employee” means the Government employees to whom these rules apply under rule 2;

(i) “Government” means the Government of the State of Haryana in the Finance Department
save as otherwise provided by or under these rules;

(j) “leave” means any sanctioned leave as defined in Civil Services Rules, except “casual leave”. Any type of absence without the sanction of competent authority shall not be considered as leave;

(k) “applicable level” in the Pay Matrix shall mean the Level corresponding to the Pay Band and Grade Pay/ scale as on 1st January, 2016 specified in Schedule-I ;

(l) “memorandum explanatory” means the memorandum explanatory appended to these rules, briefly explaining the nature, philosophy, justification, objectives, applicability etc. of these rules;

(m) “officiating appointment” means appointment of a Government employee on a permanent or temporary post as a temporary measure. The appointment of a Government employee working on regular basis is also to be considered as officiating during the period of probation;

(n) “pay in the level” means pay drawn in the appropriate Cell of the Level as specified in the Schedule-I ;

(o) “pay matrix” means Matrix specified in the Schedule-I , with Levels of pay arranged in vertical cells as assigned to corresponding existing pay band and grade pay/scale;

(p) “pay scale as a measure personal to a Government employee” means any pay structure granted by the competent authority to a Government employee as a measure personal to him. It does not include ACP pay structure or any other pay structure granted for possessing additional qualification etc;

(q) “pay” means the amount drawn monthly by a Government employee, other than special pay or pay granted in lieu of his personal qualification or his length of service, in the functional pay structure, which has been sanctioned for a post held by him in substantively or in an officiating capacity or in case where no separate functional pay scale is sanctioned for the post held by the Government employee constituting a cadre, in the pay scale to which he is
entitled by reason of his position in a cadre;

(r) “persons” means persons who are Government employees for the purposes of these rules;

(s) “revised emoluments” means revised pay in the level of a Government employee in the revised pay structure;

(t) “revised pay structure” in relation to a post means revised level in pay matrix corresponding to the existing Pay Band and Grade Pay or existing pay structure of the post unless a different revised Level is notified separately for that post;

(u) “schedule” means schedule appended to these rules;

(v) “substantive pay” means pay drawn by a Government employee on the post to which he has been appointed substantively or by reason of his/her substantive position in a cadre;

Note.— A Government employee who has been appointed temporarily to a post while still drawing his salary
in his earlier pay scale or in any other pay scale except the pay scale prescribed for the post on which he has been appointed, will not be deemed to have been appointed against such post either in the officiating capacity or in the substantive capacity for the purposes of these rules.

4. Level of posts.—

(a) The functional Level of post shall be determined in accordance with the various Levels as assigned to the corresponding existing functional Pay Band and Grade Pay or scale as specified in Pay Matrix in the Schedule-I .

(b) Where the functional pay scale of a post was ` 6500-10500 as on 31st December, 2005 and thereafter revised to PB-2 with Grade Pay ` 4200 w.e.f. 1st January, 2006, the revised level of that post applicable w.e.f. 1st January, 2016 shall be 7 (seven) corresponding to Grade Pay ` 4600. However, where the functional pay scale of a post was less than ` 6500-10500 and upgraded to Grade Pay ` 4200 on or after 1st January, 2006 shall not be covered under this provision of upgradation, e.g. Pay Scale of JBT Teacher was ` 4500-7000 and that of Staff Nurse was ` 5000-
7850 as on 31st December, 2005, which were revised to PB-2, Grade Pay ` 4200 w.e.f. 1st January, 2006. The revised level of JBT Teacher and Staff Nurse shall be 6 (six) in the new Pay Matrix applicable w.e.f. 1st January, 2016.

(c) The functional level of the post of Lab Technician (General) of the Department of Health Services, Haryana shall be Level-6 (six) of Pay Matrix (existing Grade Pay ` 2800 to be upgraded to Grade Pay  4200 (corresponding Level-6 (six)).

(d) Where existing functional grade pay of Group A post is ` 5400 in PB-2 or PB-3, the corresponding revised Pay Level shall be 10 (ten) of the Pay Matrix for all the employees appointed on such posts by way of direct recruitment or otherwise subject to the condition that these posts are of Group A as specified in the Service Rules.

5. Drawal of pay in the revised pay structure.—

Save as otherwise provided in these rules, a Government employee shall draw pay in the Level in the revised pay structure applicable to the post to which he is appointed:

Provided that a Government employee may elect to continue to draw pay in the existing pay structure until the date on which he earns his next increment or until he vacates his post or ceases to draw pay in the existing pay structure.
Provided further that in cases where a Government employee has been promoted or appointed from one post to another of higher grade pay or scale, between 1st day of January, 2016 and the date of notification of these rules may elect to switch over to the revised pay structure from the date of such promotion, 1st July, 2016 or subsequent appointment, as the case may be.

Explanation 1.— The option to retain the existing pay structure under the provision of this rule shall be admissible only in respect of one existing Pay Band and Grade Pay / Scale.
Explanation 2.— Where Grade Pay of a post has been merged with higher grade pay or upgraded, the employee promoted to such post, between the period from 01.01.2016 and the date of notification, may opt for revised pay structure from a date of promotion or 1st July, 2016 but in that case the existing basic pay admissible in the pay structure as on 31.12.2015 of the promotional post shall be taken into account.
Explanation 3.— The aforesaid option shall not be admissible to any person appointed to a post for the first
time in Government service by direct recruitment or otherwise on or after the 1st day of January, 2016, and he shall be allowed pay only in the revised pay structure.

6. Exercise of option.—

(1) The option under the provisos to rule 5 shall be exercised in writing in the form appended to these rules so as to reach the authority mentioned in sub-rule (2) within three months from―
(a) the date of notification of these rules; or
(b) the date where revision in the existing pay structure and/or refixation of pay with retrospective effect is made by any order subsequent to the date of notification of these rules;

Provided that in the case of a Government employee who is, on the date of such notification or, as the case may be, date of such order, out of India either on leave or deputation or foreign 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 in India;
Provided further that where a Government employee 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 employee to the Head of his office along with an undertaking, in the form appended to these rules.

(3) If the intimation regarding option is not received within the time mentioned in sub-rule (1), the Government employee shall be deemed to have elected to be governed by the revised pay structure w.e.f. the 1st day of January, 2016.

(4) The option once exercised shall be final.
Note 1.— Persons 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 death, discharge on the expiry of the sanctioned post, resignation, dismissal or removal on account of disciplinary proceeding, shall be entitled to exercise option under sub-rule (1).
Note 2.— Persons 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 dependents, if the revised pay structure is more favorable and in such cases, necessary action for payment of arrears should be taken by the Head of Office.
Note 3.— Persons who were on earned leave or any other leave on 1st day of January, 2016 which entitled them to leave salary shall be entitled to exercise option under sub-rule (1).

7. Fixation of pay in the revised pay structure.―

(1) The pay of a Government employee 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 Government 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 officiating post held by him, in the following manner namely:-

(A) In the case of all employees―
(i) the pay in the applicable Level in the Pay Matrix shall be the pay obtained by multiplying the existing basic pay 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.

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Revised Pay Rules