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State of Chattisgarh - Act

Chhattisgarh Lower and Higher Judicial Service (Revision of Pay) Rules, 2010

CHHATTISGARH
India

Chhattisgarh Lower and Higher Judicial Service (Revision of Pay) Rules, 2010

Rule CHHATTISGARH-LOWER-AND-HIGHER-JUDICIAL-SERVICE-REVISION-OF-PAY-RULES-2010 of 2010

  • Published on 14 June 2010
  • Commenced on 14 June 2010
  • [This is the version of this document from 14 June 2010.]
  • [Note: The original publication document is not available and this content could not be verified.]
Chhattisgarh Lower and Higher Judicial Service (Revision of Pay) Rules, 2010Published vide Notification No. 5919/1512/21c@N0x0/2010, dated 14th June, 2010Last Updated 14th October, 2019Notification No. 5919/1512/21c@N0x0/2010, dated the 14th June, 2010. - In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, and in compliance with the recommendations made by One Man Commission headed by Justice E. Padmanabhan (Retired) constituted by the Interim Order dated 28-4-2009 in I.A. No. 244 passed by the Hon'ble Supreme Court in Writ Petition (C) No. 1022 of 1989 in case of All India Judges Association and others v. Union of India and others, [2002 AIR SCW 1706 : (2002) 4 SCC 247] the Governor of Chhattisgarh, hereby makes the following rules in respect of revision of pay of the Members of Chhattisgarh Lower and Higher Judicial Service, namely :-

1. Short title, commencement and application.

(1)These rules shall be called the Chhattisgarh Lower and Higher Judicial Service (Revision of Pay) Rules, 2010.
(2)They shall be deemed to have come into force on the 1st day of January, 2006
(3)They shall apply to all the Members of the Chhattisgarh Lower and Higher Judicial Service.

2. Definitions.

- In these rules, unless the context otherwise requires : -
(a)"Schedule" means schedule appended to these rules;
(b)"Basic Pay" means pay as defined in Rule 9 (21) (a) (i) of the Fundamental Rules;
(c)"Existing Scale of Pay" means,
(i)the pay scale mentioned in column (3) of Schedule I in respect of the post mentioned in column (2) of the said Schedule.
(ii)the pay scale mentioned in column (3) of Schedule II in respect of the post mentioned in column (2) of the said Schedule.
(d)"Pre-Fixation Emoluments" shall include the basic pay in the existing scale as on 1-1-2006.
Explanation. - Where increment in the existing scale of pay is payable on 1st January, 2006, it shall be treated as part of basic pay.
(e)"Revised scale of Pay" means,
(i)in relation to the corresponding scale of pay specified in column (4) against the existing scale of pay mentioned in column (3) of Schedule I mentioned therein;
(ii)in relation to the corresponding scale of pay specified in column (4) against the existing scale of pay mentioned in column (3) of Schedule II.

3. Revised Scale of pay.

- From the date of commencement of these rules, the scale of pay of every post carrying existing scale of pay shall be as specified in the corresponding entry shown in column (4) of Schedule I or Schedule II, as the case may be.

4. Drawal of pay in the Revised Scale of pay.

- Save as otherwise provided in these rules, a Member of Lower/Higher Judicial Service shall draw pay in the revised scale or pay applicable to the post to which he is appointed :Provided that a Member of Lower/Higher Judicial Service may elect to continue to draw pay in the existing scale of pay until the date on which he earns his next or subsequent increment in the existing scale of pay or until he vacates his post or ceases to draw pay in the scale.Explanation. - (1) The option to retain the existing scale of pay under the proviso to this rule shall be admissible only in respect of one existing scale or pay.Explanation. - (2) The aforesaid option shall not be admissible to any person appointed to a post on or after 1st day of January, 2006 whether for the first time in Government service or by transfer or promotion from another post and he shall be allowed pay only as admissible in the revised scale of pay.

5. Exercise of Option.

(1)The option under the proviso to Rule 4, shall be exercised by a Member of Lower/Higher Judicial Service in writing in the "Form" appended to these rules within three months from the date of publication of these rules or where an existing scale has been revised by any order made subsequent to that date, within three months, from the date of such order : -Provided that -
(a)in case of a Member of Lower/Higher Judicial Service who, on the date of publication of these rules or, on the date of such order, as the case may be, is on leave or on deputation outside the State or on foreign service out of India, may exercise the said option within the time limit prescribed under this rule or within three months from the date of his taking over charge under the State Government.
(b)where a Member of Lower/Higher Judicial Service is under suspension on the 1st day of 2006, the option may be exercised within three months of the date of his return to duty, if that date is later than the dates prescribed in this sub-rule.
(c)where a Member of Lower/Higher Judicial. Service, who was on duty as on 1-1-2006 and was suspended subsequently and is still under suspension on the date of publication of these rules, the option may be exercised in the manner as provided in clause (b).
(d)those Members of Lower/Higher Judicial Service retiring after 1-1-2006 and before publication of these rules shall also exercise option under this rule.
(2)The option shall be communicated by the Member of Lower/Higher Judicial Service -
(a)if he is a Member of Lower Judicial Service to the Head of his Office ;
(b)if he is a Member of Higher Judicial Service to the High Court of Chhattisgarh, Bilaspur.
(3)If the option is not received from a Member of Lower/Higher Judicial Service within the time limit fixed under sub-rule (1), he shall be deemed to have opted for the revised scale of pay, with effect from 1-1-2006.
(4)On receipt of option, the same shall be certified by the Head of Office or High Court of Chhattisgarh, Bilaspur as the case may be. The option shall be pasted in the Service Book of concerned Judicial Officer.
(5)The option once exercised shall be final. If any correction or overwriting is found on the option, it will not be accepted.Note. - (1) Persons whose services were terminated on or after 1-1-2006 and who could not exercise the option within the prescribed time limit, on account of death, discharge on the expiry of sanctioned posts, resignation, dismissal or discharge on disciplinary grounds, are entitled to the benefit of this rule.
(2)A Member of Lower/Higher Judicial Service, who has died on or after 1-1-2006 but before the date of publication of these rules or who dies after the publication of these rules but before the period prescribed for exercise of options without exercising the option shall be deemed to have opted for that scale of pay, that may be found beneficial to him by the authority concerned and his pay shall be fixed accordingly.

6. Fixation of Initial Pay in the Revised Scale of Pay.

(1)The initial pay of a Member of Lower/Higher Judicial Service, who opts or is deemed to have opted the revised scale of pay under Rule 5, shall be fixed separately in respect of his substantive pay in the permanent post on which he holds lien or would have held a lien if had not been suspended, and in respect of his pay in the officiating post held by him shall be determined on revised pay stage as shown before existing pay stage with reference to master pay stage of Schedule III attached to these Rules.
(2)While fixing pay in the revised scale the following rule shall also Be followed : -
(a)In case, an officer drawing pay in the pre-revised scale (existing scale), equal to or less than that of his senior/seniors in the same cadre and similarly appointed, drawn his next increment in the revised scale on the date earlier than such senior/seniors whereby his pay is raised to a state higher than that of such senior/seniors, the date of next increment of the senior/seniors shall be advanced to the date on which the junior officer draws his next increment.
(b)In case an Officer promoted to a higher post before 1-1-2006 draws less pay in the revised scale than his junior shall be advanced to an amount equal to the pay fixed for his junior in the higher post, from the date of promotion of the junior.

7. Date of Next Increment in the Revised Scale of Pay.

(a)The next increment of a Member of Lower/Higher Judicial Service whose pay has been fixed in the revised scale of pay in accordance with the provision of Rule 6 shall be granted on the date on which he would have drawn his increment had he continued in the existing scale of pay.
(b)If an Officer draws his next increment in the revised scale under clause (a) above and thereby becomes eligible for higher pay than his senior whose increment falls due on a later date then the pay of such senior shall be re-fixed equal to the pay of the junior from the date on which the junior becomes entitled to higher pay.
(c)In case where the pay of an officer is stepped up in terms of clause (b) above the next increment shall be granted to him after completion of one "ear from the date of such stepping up.

8. Fixation of Pay in the Revised Scale of Pay subsequent to 1st day of January, 2006.

(1)
(i)where a Member of Lower Judicial Service continues to draw his pay in the existing scale of pay and is brought over to the revised scale of pay from a date later than the 1st January, 2006 his pay from the later date in the revised scale of pay shall be fixed under Fundamental Rules, with reference to his basic pay in the existing scale of pay.
(ii)where a Member of Higher Judicial Service continues to draw his pay in the existing scale of his pay and is brought over to the revised scale of pay from a date later than 1-1-2006 his pay from the later date in the revised scale of pay shall be fixed under Indian Administrative Service (Pay) Rules, 1954 with reference to his basic pay in the existing scale of pay.
(2)A member of Higher Judicial Service, who has officiated in a post prior to 1st January, 2006 but was not holding that post on 1st January, 2006 and who, on subsequent appointment to that post, draws pay in the revised scale of pay, shall be allowed the benefit of the proviso to F. R. 22 to the extent it would have been admissible to him had he been holding that post on the 1st January, 2006 and had elected the revised scale of pay on the date.

9. Payment of Arrears of Pay.

- The revised pay as a result of fixation of pay undei these rules shall be payable in cash from 1st June, 2010 (i.e. pay for the month of June, 2010 payable in July, 2010). 40% of amount of arrears of revised pay (from 1st January, 2006 to 31st May, 2010) shall be deposited forthwith in the General Provident Fund/Contributory Pension Scheme Account of respective Judicial Officers. Half of remaining 60% of the arrears of revised pay means 30% amount shall be paid in financial years 2010-11 and remaining 30% amount shall be paid in financial year 2011-2012.Explanation. - For the purpose of this rule : -
(a)"arrears of pay" means the difference between : -
(i)the aggregate of the Pay, Allowances and other emoluments which he is entitled on account of revision of pay under these rules, for the relevant period; and
(ii)the aggregate of Pay, Allowance and other emoluments which he have been paid as per entitlement (whether such pay, and other allowances have been received or not) for that period had his Pay, D.A. and other allowances not be so revised.

10. Overriding Effect of Rules.

- In cases where the pay is regulated by these rules, the provisions of Fundamental Rules and I.A.S. (Pay) Rules, 1954 shall not apply to the extent they are inconsistent with these Rules.

11. Assured Career Progress Scales.

- ACP Scale described in revised scale should not be automatic but on the appraisal of their work and performance by the recommendation of a committee of senior judges of the High Court constituted by Hon'ble Chief Justice of the High Court.

12. Power to Relax.

- The State Government in consultation with the High Court may relax or suspend the operation of the provisions of these rules in the case of Judicial Officers or category of Judicial Officers in such a manner and to such extent as may appear to it, to be just and equitable or necessary or expedient in the public interest:Provided that such relaxation or suspension shall not operate to the disadvantage of the Judicial Officer or categories of Judicial Officers, as the case may be.

13. Interpretation.

- If any question arises relating to the interpretation of these rules, it shall be referred to State Government in Finance Department, whose decision thereon shall be final.Form of Option[See Rule 5]I...............hereby elect to draw my pay in the Revised pay structure with effect from 1st January, 2006.OrI....................hereby elect to continue on the existing scale of pay of Rs.............. of my substantive/officiating Post of...............until*(a) The date of my next increment oror *(b) The date of subsequent increment raising my pay to Rs...............or *(c) I vacate the post or cease to draw pay in the existing scale of Rs..........Station..............Date.................Signature......................................Name ..........................................Designation..................................Office in which employed............................................................................................................*(strike off if inapplicable)For Office Use OnlyCertified that the option submitted by Shri/Smt./Ku./..................(name) is received in the office on.........................................Signature ...............................Designation .............................

I

S. No. Name of Post Existing Pay Scale Revised Pay Scale Remarks
(1) (2) (3) (4) (5)
1. Civil Judge (Junior Division) Civil Judge Class II(Entry Level) 9000-250-10750-300-13150-350-14550 27700-770-33090-920-40450-1080-44770 -
2. Civil Judge (Junior Division) First Stage ofA.C.P. Scale 10750-300-13150-350-14900 33090-920-40450-1080-45850 After completion of five years service in thepay scale of Civil Judge (Entry Level)
3. Civil Judge (Junior Division) Second Stage ofA.C.P. Scale if not promoted as Senior Civil Judge 12850-300-13150-350-15950-400-17550 39530-920-40450-1080-49090-1230-54010 After completion of five years service in thepay scale of Civil Judge (Superior Scale)
4. Senior Civil Judge (Civil Judge Class I) 12850-300-13150-350-15950-400-17550 39530-920-40450-1080-49090-1230-54010 -
5. Senior Civil Judge (First Stage of A.C.P. Scale) 14200-350-15950-400-18350 43690-1080-49090-1230-56470 After completion of five years service as SeniorCivil Judge (Promotion Grade)
6. Senior Civil Judge (Selection Grade)C.J.M./A.C.J.M. 14200-350-15950-400-18350 43690-1080-49090-1230-56470 -
7. Senior Civil Judge (Selection Scale) Second stageof A. C.P. scale if not promoted to the Cadre of District Judgein H.J.S. 16750-400-19150-450-20500 51550-1230-58930-1380-63070 On completion of five years service on the postSenior Civil Judge (Superior Scale) C.J.M./ A.C.J.M. First StageA.C.P. Scale.

II

S. No. Name of Post Existing Pay Scale Revised Pay Scale Remarks
(1) (2) (3) (4) (5)
1. District Judge (Entry Level) 16750-400-19150-450-20500 51550-1230-58930-1380-63070 -
2. District Judge (Selection Grade) 18750-400-19150-450-21850-500-22850 57700-1230-58930-1380-67210-1540-70290 Appointment shall be made on the basis ofmerit-cum seniority provided that no Member of the Service shallbe appointed to the category unless he has put in minimumservice of five years on the post of District Judge (EntryLevel).
3. District Judge (Super Time Scale). 22850-500-24850 70290-1540-76450 Appointment shall be made on the basis ofmerit-cum seniority provided that no Member of the Service shallbe appointed to the category unless he has put in minimumservice of three years as District Judge (Selection Grade).

III

(Pay-Stages)
S. No. Existing Revised S. No. Existing Revised
Pay Increment Pay Annual Increment Pay Increment Pay AnnualIncrement
(1) (2) (3) (4) (5) (1) (2) (3) (4) (5)
1. 9000 250 27700 770 20. 14550 350 44770 1080
2. 9250 250 28470 770 21. 14900 350 45850 1080
3. 9500 250 29240 770 22. 15250 350 46930 1080
4. 9750 250 30010 770 23. 15600 350 48010 1080
5. 10000 250 30780 770 24. 15950 400 49090 1230
6. 10250 250 31550 770 25. 16350 400 50320 1230
7. 10500 250 32320 770 26. 16750 400 51550 1230
8. 10750 300 33090 920 27. 17150 400 52780 1230
9. 11050 300 34010 920 28. 17550 400 54010 1230
10. 11350 300 34930 920 29. 17950 400 55240 1230
11. 11650 300 35850 920 30. 18350 400 56470 1230
12. 11950 300 36770 920 31. 18750 400 57700 1230
13. 12250 300 37690 920 32. 19150 450 58930 1380
14. 12550 300 38610 920 33. 19600 450 60310 1380
15. 12850 300 39530 920 34. 20050 450 61690 1380
16. 13150 350 40450 1080 35. 20500 450 63070 1380
17. 13500 350 41530 1080 36. 20950 450 64450 1380
18. 13850 350 42610 1080 37. 21400 450 65830 1380
19. 14200 350 43690 1080 38. 21850 500 67210 1540
SI No. Existing Revised Existing Revised
Pay Increment Pay Annual Increment
(1) (2) (3) (4) (5)
39. 22350 500 68750 1540
40. 22850 500 70290 1540
41. 23350 500 71830 1540
42. 23850 500 73370 1540
43. 24350 500 74910 1540
44. 24850   76450