6. Date of migration of existing employees to Revised Pay Structure and exercising of option.
(1)An existing employee shall have the option of determining the date of migration to revised pay structure by electing (a) to migrate to the revised pay structure with effect from 1-1-2016 or (b) 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 that pay structure and to migrate to the revised pay structure on such date; or (c) to migrate to the revised pay structure from the date of promotion between 1-1-2016 and the date of notification of these rules.(2)The option under sub-rule (1) shall be exercised in writing in the form (Form of Option) in Schedule-VI by submitting the Form of Option to the authority stated in sub-rule (3) within three months from the date of coming into force of these rules or where any revision in the existing pay structure is made by any order subsequent to the date of coming into force of these rules, within three months from the date of such order:Provided that-(i)in the case of a Government employee who was on leave on that date or who was discharged from service before and was not in the service on that date, or who was on deputation or on foreign service on that date, the option shall be exercised in writing within a period of three months from the date on which he returns from leave, or is reappointed to the post, or rejoins duty in the State, as the case may be; and(ii)in the case of a Government employee who is under suspension on that date, the option may be exercised within three months of the date of his return to duty if that date is later than the date prescribed in this sub-rule.(iii)in the case of a person whose services were terminated on or after 1st January, 2016 and is consequently unable to exercise the option within the prescribed time limit on account of discharge on the expiry of the sanctioned posts, resignation, dismissal or discharge on disciplinary grounds, the option shall be exercised within three months of returning to duty or reappointment to the post.(iv)in the case of a Government employee who has died on or after 1st January, 2016, he shall be deemed to have opted for the revised pay structure on and from the 1st day of January, 2016 or such later date as is financially advantageous to their dependents and necessary action for fixation of pay shall be taken up by the Head of Office.(3)The authority to whom the Option Form shall be required to be submitted shall be:(i)if the pay and allowances are drawn by the head of his office: the head of his office;(ii)if he is a self-drawing Government employee: his Pay and Accounts Officer / Treasury Officer / Sub-Treasury Officer concerned.(4)If a Government employee does not exercise his option in writing within the time specified in sub-rule (2) above, such Government employee shall be deemed to have opted to migrate to the revised pay structure with effect from the 1st day of January, 2016 or the date of subsequent order as the case may be.(5)The option once exercised shall be final and thereafter, pay of the Government employee shall be fixed in the revised pay structure with effect from the date of migration to the revised pay structure opted or deemed to have opted by him under these rules.(6)If a Government employee opts to remain in the existing pay structure for a specified period, he shall be entitled to draw pay in the existing pay structure during that period and also to dearness allowance and other allowances at the existing rates and his pay shall be fixed in the revised pay structure at the end of the period specified in accordance with these rules.Explanation 1. - The option to retain the existing pay structure under this rule shall be admissible only in respect of one existing Pay Band and Grade Pay.Explanation 2. - The aforesaid option shall not be admissible to any person appointed to a post for the first time in Government service after the date of issue of notification and he shall be allowed pay only in the revised pay structure.Explanation 3. - A Government Employee who is on earned leave, or any other leave on 1st day of January, 2016 and is entitled to leave salary shall also exercise option within the time limit stipulated under sub-rule (2), and upon exercising such option, shall be entitled to pay in the revised pay structure from that date, but the pay so fixed in the revised scale shall be admissible to him only from the date of his return to duty in the post after the expire of leave and the period commencing on 1st January 2016 and ending with the date of such return shall count for future increment and the revised pay structure depending on whether it will count for future increments in the existing pay structure.Explanation 4. - A government employee 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 from such date as opted by the employee under sub-rule (2) of rule 6.Explanation 5. - If a Government employee is under suspension on the 1st January 2016, or if he was discharged or reverted from a post before that date and is reappointed to that post after that date, he shall be entitled to migrate to the revised pay structure only from the date on which he returns to duty in the post or from the date of his reappointment to that post.
