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Union of India - Section

Section 4 in The Indian Forest Service (Pay) Rules, 2016

4. Fixation of pay in the revised pay structure.

- The initial pay of a member of the Service who opts or deemed to have opted in accordance with these rules, to be governed by the revised pay structure on and from the 1st day of January, 2016 or from a later date, which shall be re-fixed as from that date 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 the officiating post held by him, in the following manner, namely:-
(A)In the cases of all members of the Service,-
(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;
(ii)if the minimum pay or the first Cell in the applicable Level is more than the amount arrived at as per (i)above, the pay shall be fixed at the minimum pay or the first Cell of that applicable Level.
Provided that-
(a)where, in the fixation of pay, the pay of members of the Service drawing pay at two or more stages in pre-revised Pay Band and Grade Pay or scale, as the case may be, get fixed at same Cell in the applicable Level the Pay Matrix, one additional increment shall be given for every two stages bunched and the pay of member of Service drawing higher pay in pre-revised structure shall be fixed at the next vertical Cell in the applicable Level;
(b)For this purpose, pay drawn by two members of the Service in a given pay Band and Grade Pay or scale where the higher pay is at least 3 % more than the lower pay shall constitute two stages. Officers drawing pay where the difference is less than 3% shall not be entitled for this benefit. (Illustration before Schedule-I)
(c)if by stepping up of the pay as above, the pay of a member of Service gets fixed at a stage in the revised pay structure which is higher than the stage in the revised pay structure at which the pay of a member of the Service who was drawing pay at the next higher stage or stages in the same existing pay structure is fixed, the pay of the latter shall also be stepped up to the extent by which it falls short of that of the former.
(B)In the case of a member of the Service, who was on the 1st day of January, 2016 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, the "existing pay structure" includes the pay in the pay band and grade pay applicable to the post to which he would have held but for his being on deputation out of India or on leave or on foreign service or, as the case may be, but for his officiating in a higher post.
(C)In the case of members of the Service who are in receipt of special pay or allowance in addition to pay in the existing pay structure which has been recommended for replacement by a pay in the applicable Level of the Pay Matrix without any special pay or allowance, pay shall be fixed in the revised pay structure in accordance with the provisions of clause (A) above.
(D)In the case of members of the Service who are in receipt of special pay component with any other nomenclature in addition to pay in the existing pay structure, such as personal pay for promoting small family norms, Central (Deputation on Tenure) Allowance, etc., and in whose case the same has been replaced in the revised pay structure with corresponding allowance or pay at the same rate or at a different rate, the pay in the revised pay structure shall be fixed in accordance with the provisions of clause (A) above and in such cases, the allowance at the new rate as recommended shall be drawn in addition to pay in the revised pay structure from the date specified in the individual notifications related to these allowances.
Note 1. - A member of the Service 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.Note 2. - Where the 'existing emoluments' exceed the revised emoluments in the case of any member of Service, the difference shall be allowed as personal pay to be absorbed in future increases in pay.Note 3. - Where in the fixation of pay under sub-rule (1) of rule 3, the pay of a member of the Service, who, in the existing pay structure was drawing immediately before the 1st day of January, 2016 more pay than another member of the Service junior to him in the same cadre, gets fixed in the revised pay structure at a stage lower than that of such junior, his pay shall be stepped up to the same stage in the revised pay structure as that of the junior.Note 4. - Where a member of the Service is in receipt of personal pay immediately before the date of notification of these rules, which together with his existing emoluments exceeds the revised emoluments, then, the difference representing such excess shall be allowed to such member of the Service as personal pay to be absorbed in future increases in pay.Note 5. - In the case of members of the Service who are in receipt of personal pay for passing Hindi Pragya and such other examinations under the "Hindi Teaching Scheme" prior to the 1st day of January, 2016, while the personal pay shall not be taken into account for the purposes of fixation of initial pay in the revised pay structure, they would continue to draw personal pay after fixation of their pay in the revised pay structure on and from the 1st day of January, 2016 or subsequently for the period for which they would have drawn it but for the fixation of their pay in the revised pay structure. The quantum of such personal pay would be paid at the appropriate rate of increment in the revised pay structure from the date of fixation of pay for the period for which the officer would have continued to draw it.Note 6. - In case where a senior member of Service 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 in the Level in the Pay Matrix of the senior member of Service shall be stepped up to an amount equal to the pay in the Level in the Pay Matrix as fixed for his junior in that higher post; and the said stepping up should be done with effect from the date of promotion of the junior member of Service subject to the fulfillment of the following conditions, namely:-
(a)both the junior and the senior members of Service should belong to the same cadre and the posts in which they have been promoted should be 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 should be identical;
(c)the senior member of Service at the time of promotion should have been drawing equal or more pay than the junior;
(d)the anomaly should be directly as a result of the application of the provisions of this Note;
(e)if even in the lower post, 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 Note need not be invoked to step up the pay of the senior member of the Service.
Note 7. - The order relating to re-fixation of the pay of the senior member of the Service in accordance with the above provisions shall be issued under the relevant rules and the senior member of the Service shall be entitled to the next increment on completion of his required qualifying service with effect from the date of re-fixation of pay.
(E)Fixation of pay in the revised pay structure subsequent to the 1st day of January, 2016 where a member of Service continues to draw his pay in the existing pay structure and opts for revised pay structure from a date later than the 1st day of January, 2016, his pay from the later date in the revised pay structure shall be fixed under these rules and for this purpose his pay in the existing pay structure shall be the same as of existing emoluments as calculated in accordance with clauses - (A), (C) or (D), as the case may be, subject to the condition that the basic pay on the later date and where the member of the Service is in receipt of special allowance, his pay shall be fixed after deducting from those emoluments an amount equal to the special allowance at the revised rates appropriate to the emoluments so calculated'.