Odisha Revised Scales of Pay Rules, 2017 – Gazette Notification
GOVERNMENT OF ODISHA
Bhubaneswar, dated the 20th September, 2017.
S.R.O. No.414/2017— 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 :-
- Short title and commencement.— (1) These rules may be called the Odisha Revised Scales of Pay Rules, 2017.
(2) This shall be deemed to have come into force on the 1st day of January, 2016.
- — (1) Save as otherwise provided by or under these rules, these rules shall apply to all persons in whole time employment of Government.
(2) These rules shall not apply to, –
- persons engaged by Government on contract basis except when the contract provided otherwise;
- persons re-employed in Government Service after retirement;
- persons paid out of contingencies;
- persons paid otherwise than on a monthly basis including those paid only on piece-rate basis;
- persons not drawing pay in regular scales of pay for whom no revised scales of pay are prescribed;
- employees borne in the “Work-charged Establishment” as defined in the Resolution of Government in the erstwhile Political and Services Department 9488 dated the 18th June, 1974;
- Judicial Officers of the Odisha Superior Judicial Service and Odisha Judicial Service governed by the Odisha Superior Judicial Service and Odisha Judicial Service Rules, 2007 in the State of Odisha who are availing the revised scale of pay as per Finance Department Resolution No.23598-F., dated the 3rd June, 2003 and Law Department Resolution No.8318-V1-12/20101., dated the 2nd August, 2010
on the basis of the recommendation of Justice Shetty Commission and Justice Padmanavan Commission, respectively;
- employees governed by, the Orissa Revised Scales of Pay (for College Teachers) Rules, 1978, 1989, 2001 & 2010, the Orissa Revised Scales of Pay (for Medical college Teachers) Rules, 1982, 1989, 2001 & 2010 and the Orissa Revised Scales of Pay (for Engineering College Teachers) Rules, 2001 & 2010;
- persons engaged on contractual basis and covered under the G.A Department Resolution No.26108/Gen, dtd.17.9.2013 and Resolution No.4591/Gen, 15.02.2014 till regularisation;
- Persons engaged under the Odisha Group ‘C’ and Group ‘D’ posts (Contractual appointment) Rules, 2013 and the Odisha Group ‘B’ posts (Contractual appointment) Rules, 2013 till regularisation;
- persons not in whole time employment under Government of Odisha;
- 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 contained in these rules.
- Definitions. _____ In these rules, unless the context otherwise requires,—
- “existing basic pay” means pay drawn in the prescribed existing Pay Band (including -15) 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”;
- “existing Pay Band and Grade Pay” in relation to a pay band and grade pay of a Government servant, means the Pay Band and the Grade Pay (including -1S) applicable to the post held by the Government servant or, as the case may be, any personal pay in the Pay Band and Grade Pay applicable to him as on the 1st day of January, 2016 whether in a substantive or temporary capacity;
- “existing pay structure” in relation to a Government servant means the present system of Pay Band and the Grade Pay (including -15) applicable to the post held by the Government servant as on the 1st day of January, 2016 whether in a substantive or officiating capacity.
Provided that the expressions “existing basic pay” and “existing Pay Band and Grade Pay” in respect of a Government servant 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 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;
- “existing emoluments” means the sum of existing basic pay and existing dearness allowance allowed to the basic pay as on the lstday of January, 2016;
- “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 Grade
- “Level” in the Pay Matrix shall mean the Level corresponding to the existing Pay Band and Grade Pay attached to the post/grade as specified in the First Schedule;
- “Pay in the Level” means pay drawn in the appropriate Cell of the Level as specified in the First Schedule;
- “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;
- “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;
- “revised emoluments” means the pay in the Level of a Government Servant in the revised pay structure;
- “Schedule” means schedule to these rules;
- “Cell” means the pay arranged vertically against the corresponding Pay Band and Grade Pay or Level of the Pay Matrix;
- “Finance Department” means the Finance Department of the Government;
- “Government” means the Government of Odisha;
- “Pay” means the pay as defined in clause (i) of sub-rule(a) of rule-33 of the Orissa Service Code in the existing scale and shall include —
- ad hoc increment granted in the shape of personal pay on account of stagnation at the maximum of the existing Pay Band;
- personal pay including reducible personal pay granted due to fixation of pay to protect the total emoluments on account of loss of pay;
- advance increment granted, if any.
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.
- 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 Grade Pay as specified in the Pay Matrix.
- Drawal of pay in the revised pay structure.– Save as otherwise provided in these rules, a Government servant shall draw pay in the Level in the revised pay structure applicable to the post to which he is appointed :
Provided that a Government servant may elect to continue to draw pay in the existing pay structure until the date on which he earns his next or any subsequent increment in the existing pay structure or until he vacates his post or ceases to draw pay in the existing pay structure:
Provided further that in cases where a Government Servant has been placed in a higher Grade Pay between 1st January, 2016 and the date of notification of these rules on account of promotion or up-gradation, the Government servant may elect to switch over to the revised pay structure from the date of such promotion or up-gradation, as the case may be;
Explanation -The option to retain the existing pay structure under the proviso to this rule shall be admissible only in respect of one existing Pay Band and Grade Pay.
Explanation -The aforesaid option shall not be admissible to any person appointed to a post on or after the 1st January, 2016, whether for the first time in Government service or by transfer from another post and he shall be allowed pay only in the revised pay structure.
Explanation – Where a Government servant exercises the option under the proviso to this rule to retain the existing pay structure in respect of a post held by him in an officiating capacity on a regular basis for the purpose of regulation of pay in that pay structure under any rule or order applicable to that post, his substantive pay shall be substantive pay which he would have drawn had he retained the existing pay struture in respect of the permanent post on which he holds a lien or would have held a lien had his lien not been suspended or the pay of the officiating post which has acquired the character of substantive pay in accordance with any order for the time being in force, whichever is higher.
- 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 mentioned in sub-rule (2) 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, –
- In case of a Government servant 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
- Where a Government servant is under suspension on the 15t 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.
- The option shall be intimated by the Government servant to his Head of Office.
- If the intimation regarding option is not received within the time mentioned in sub-rule(1), the Government servant shall be deemed to have elected to be governed by the revised pay structure with effect from the ft day of January, 2016.
- The option once exercised shall be final.
Note–1 Persons whose services were terminated on or after the 15t 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(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 ft 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 Persons 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(1).