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State of Jammu-Kashmir - Section

Section 7 in Jammu and Kashmir Civil Services (Revised) Pay Rules, 2018

7. Fixation of pay in the revised pay structure.

(1)The pay of a Government servant 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 such lien had not been suspended, and in respect of his pay in the officiating post held by him, in the following manner :-
(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.
Illustration :
1 Existing Pay Band: PB-1 Pay Band 5200-20200
2 Existing Grade Pay : 2400 Grade Pay 1800 1900 2100 2300 2400 2800
3 Existing Pay in the Pay Band : 9810 Levels 1 2 3A 3B 4 5
4 Existing Basic Pay: 12210 (9810+2400) 1 18000 19900 25300 25400 25500 29200
5 Pay after multiplication by a fitment factorof 2.57: 12210x2.57=31379.7 (rounded off to 31380) 2 18500 20500 26100 26200 26300 30100
6 Level Corresponding to GP 2400: Level 4 3 19100 21100 26900 27000 27100 31000
7 Revised Pay in the Pay Matrix (either equal toor 31380 in level 4) : 31400 4 19700 21700 27700 27800 27900 31900
5 20300 22400 28500 28600 28700 32900
6 20900 23100 29400 29500 29600 33900
7 21500 23800 30300 30400 30500 34900
8 22100 24500 31200 31300 31400 35900
9 22800 25200 32100 32200 32300 37000
10 23500 26000 33100 33200 33300 38100
(ii)if the minimum pay or the first Cell in the applicable Level is more than the amount arrived at as per sub-clause (i) above, the pay shall be fixed at minimum pay or the first Cell of that applicable Level.
(2)Where a post has been upgraded, the fixation of pay in the applicable Level will be carried out in the manner prescribed in accordance with sub-clauses (i) & (ii), of Clause-A under Rule 7 (1).Illustration :
1 Existing Pay Band: PB : l Pay Band 5200-20200
2 Existing Grade Pay : 2400 Grade Pay 1800 1900 2100 2300 2400 2800
3 Date of upgradation: 1-1-2016              
4 Existing Pay in the Pay Band : 12560 levels 1 2 3A 3B 4 5
5 Up-Graded Grade Pay ;2800              
6 Pay for the purpose of fixation:12960(10160+2800) 1 18000 19900 25300 25400 25500 29200
7 Pay after multiplication by a fitment factorof 2.57 12960x2.57=33307.3 (rounded off to 33307): 2 18500 20500 26100 26200 26300 30100
8 Level Corresponding to GP 2800 : Level 3 19100 21100 26900 27000 27100 31000
9 Revised Pay In the Pay Matrix (either equal toor next higher to 33307 in Level 5) :33900 4 19700 21700 27700 27800 27900 31900
5 20300 22400 28500 28600 28700 32900
6 20900 23100 29400 29500 29600 33900
7 21500 23800 30300 30400 30500 34900
8 22100 24500 31200 31300 31400 35900
9 22800 25200 32100 32200 32300 37000
10 23500 26000 33100 33200 33300 38100
Provided that where a post has been up-graded after 01.01.2016 up to notification of these rules and the Government servant has opted for revision of his pay under these rules, his pay on the date of up-gradation of the post shall be fixed as under :-
(a)In case the minimum pay or first Cell of the up-graded Level is higher than the pay fixed in the pre up-graded Level, the pay shall be fixed at that minimum or the first Cell of that up-graded Level ;
(b)In case the pay fixed in the pre up-graded Level coincides with the stage of pay in the up-graded Level, the pay shall be fixed at that same stage/Cell of that up-graded Level ;
(c)In case the stage of pay fixed in the pre up-graded Level falls between two stages of the pay in the up-graded Level, the pay shall be fixed at the next higher stage/Cell of that up-graded Level ;
(d)The date of increment in all the above three cases shall remain unchanged except where the pay in the pre-upgraded Level was drawn at the maximum thereof. In the latter case next increment in the up-graded pay Level of the post shall be drawn after the prescribed incremental period reckoning from the date of upgradation.
(3)A Government servant who is on leave on the 1st day of January, 2016 and is entitled to leave salary shall be entitled to pay in the revised pay structure from 1st day of January, 2016 or the date of option for the revised pay structure.
(4)A Government servant who is on study leave on the 1st day of January, 2016 shall be entitled to the pay in the revised pay structure from 1st day of January, 2016 or the date of option.
(5)A Government servant under suspension shall continue to draw subsistence allowance based on existing pay structure and his pay in the revised pay structure shall be subject to the final order on the pending disciplinary proceedings.
(6)Where the existing emoluments exceed the revised emoluments in the case of any Government servant, the difference shall be allowed as personal pay to be absorbed in future increases in pay.
(7)Where in the fixation of pay under sub-rule (1), the pay of a Government servant, who, in the existing pay structure, was drawing immediately before the 1st day of January, 2016 more pay than another Government servant junior to him in the same 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.
(8)Where a Government servant is in receipt of personal pay, other than sterilization personal pay, due to loss in his substantive pay immediately before the date of commencement of these rules, which together with his existing emoluments exceed the revised emoluments, then the difference representing such excess shall be allowed to such Government servant as personal pay to be absorbed in future increase in pay.
(9)
(i)In cases where a senior Government servant promoted to a higher post before the 1st day of January, 2016 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 January, 2016, the pay of senior Government servant 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 such stepping up shall be done with effect from the date of promotion of the junior Government servant subject to the fulfillment of the following conditions, namely :-
(a)both the junior and the senior Government servants belong to the same cadre and the posts in which they have been promoted are identical in the same cadre ;
(b)the existing pay structure and the revised pay structure of the lower and higher posts in which they are entitled to draw pay are identical ;
(c)the senior Government servant at the time of promotion is drawing equal or more pay than the junior ;
(d)the anomaly is directly as a result of the application of the provisions of these rules or Article 77(B) of J&K CSRs or any other rule or order regulating pay fixation on such promotion in the revised pay structure :
Provided that if the junior officer was drawing more pay in the existing pay structure than the senior by virtue of any advance increments granted to him, the provisions of this sub-rule shall not be invoked to step up the pay of the senior officer.
(ii)The order relating to re-fixation of the pay of the senior officer in accordance with clause (i) shall be issued under Government Instruction No. 4 below Article 77-B of Jammu and Kashmir Civil Service Regulations and the senior officer shall be entitled to the next increment on completion of his required qualifying service with effect from the date of re-fixation of pay.
(10)Subject to the provisions of rule 5, if the pay as fixed in the officiating post under sub-rule (1) is lower than the pay fixed in the substantive post, the former shall be fixed at the same stage as the substantive pay.