7th CPC: Revision of the pay structure of Bihar Government employees w.e.f. 01.01.2016 & Arrears from 01.04.2017

Revision of the pay structure of State Government employees with effect from 01.01.2016. The revised pay structure shall come into effect notionally from 1st January, 2016. However, the actual payments in the revised pay structure would arise with effect from 1st April, 2017. The revised pay structure will apply to all State government employees who were in service on 1st, January, 2016 and to all new appointments made on or after the said date.

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Patna: The Government of India has revised pay scales/pay structure on the recommendation of the 7th Central Pay Commission, with effect from 01.01.2016. The State Government vide its Resolution No. 9701 dated 22.12.2016, constituted a Pay Commission for recommending inter alia a revised pay structure for the State Government employees. In the light of the recommendations made by the 7th Cental Pay Commission for the revised pay structure for employees under the Central Government. On 15th May, 2017 the Pay Commission submitted its Report relating to pay scales and other benefits to the State Government employees.

The State Government has given careful consideration to the recommendations of the Pay Commission, in respect of the State Government employees and have decided to accept the level based new revised pay structure, Schedule I contains the normal replacement revised pay level and Schedule II contains the pay matrix. Department wise and post wise existing pay scales and revised scales of pay ofthe posts, under the State Government, arc at Schedule III.

The revised pay structure shall come into effect notionally from 1st January, 2016. However, the actual payments in the revised pay structure would arise with effect from 1st April, 2017. The revised pay structure will apply to all State government employees who were in service on 1st, January, 2016 and to all new appointments made on or after the said date.

Provided that
  1. In respect of the Government employees who were under suspension or on leave or were not on duty on 1st January 2016, the revised pay structure will be applicable from the date of return to duty and no arrears would be admissible for the period of absence.
  2. Dearness Allowance shall be payable at the rate of 4% as on 01.04.2017; and
  3. All other allowances shall continue to be payable at the same levels as before the pay revision. Thus, for example, if an employee was drawing Rs. 5000/- as HRA (House Rent Allowance) in the unrevised pay structure, then that employee shall continue to draw HRA at Rs. 5000/. The eligibility/scale/amount of travelling allowance shall be guided as per unrevised pay structure.
  4. The revised pay structure shall be sanctioned by the concerned Drawing and Disbursing Officer subject to the approval of the competent authority within a period of one year.

Definitions:

The provisions in this resolution unless the context otherwise requires:- 
  1. "existing basic pay" means pay drawn in the prescribed existing scale of pay, including stagnation increment(s), but does not include any other type of pay like 'special pay' etc.
  2. "existing Pay Band and Grade Pay" in relation to a Government Servant means the pay band and the Grade Pay applicable to the post held by the Government servant as on the date immediately before the notification of these rules whether in a substantive capacity or in officiating capacity, 
  3. "existing scale" in relation to a Government servant means the present scale applicable to the post held by the Government servant as on the date immediately before this notification,
  4. "existing pay structure" in relation to a Government servant means the present system of Pay Band and grade Pay applicable to the post held by the Government servant as on the date immediately before the coming into force of these rules whether in substantive  officiating capacity.
  5. "existing emoluments" means the sum of (i) existing basic pay and (ii) existing dearness allowance at index average as on 1st day of January, 2016, 
  6. "Pay Matrix" means Matrix specified in Schedule II, with Levels of pay arranged in vertical cells as assigned to corresponding existing pay band and Grade pay or scale specified in Schedule ll, 
  7. "Level" in the Pay matrix shall mean the Level corresponding to the existing pay Band and Grade Pay or scale specified in Schedule it, 
  8. "pay in the Level" means pay drawn in the appropriate Cell of the Level as specified in Schedule II, 
  9. "revised pay structure" in relation to a post means the pay Matrix and the Levels specified therein corresponding to the existing Pay band and crade pay or scale of the post unless a different revised Level is notified separately for that post, 
  10. "basic pay" in the revised pay structure means the pay drawn in the prescribed Level in the Pay Matrix, "revised emoluments" means the pay in the Level of a Government servant in the revised pay structure, and (xii) "Schedule" means a schedule appended to these rules,
Drawl 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 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 or scale between 1st day of 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.

The above option will have to be exercised by 31st July, 2017.

Fixation of pay in the revised pay structure.-

(1) The pay of a Government servant who elects, or is deemed to have elected under para 5 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, namely:-

Normal Fitment:
(A) In the case of all Employees-
(i) the pay in the applicable Level in the Pay Matt-ix 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:

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(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 the applicable Level.

Fitment in case of Upgradation of post as per 7th CPC

(2) Where a post has been upgraded as a result of the recommendations of the State pay Commission as indicated in Part B or Part C of the Schedule, the existing basic pay will be arrived at by adding the Pay drawn by the concerned employee in the existing Pay Band plus the Grade Pay corresponding to the Level to which the post has been upgraded and, the fixation of pay shall be done in the manner prescribed in accordance with clause (A) of sub-rule (1).
Illustration:

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(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 substantive 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 a Government servant holding a permanent post is officiating in a higher post on a regular basis and the pay structure applicable to these two posts are merged into one Level, the pay shall be fixed under sub-rule (1) with reference to the officiating post only and the pay so fixed shall be treated as substantive pay.

(7) 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 increase in pay,

(8) 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,

(9) Where a Government servant is in receipt of personal pay immediately before the date of notification 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.

10 (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, 201.6, 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 servants at the time of promotion are drawing equal or more pay than the junior (d) The anomaly is directly as a result of the application of the provisions of Fundamental Rule 22 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 Fundamental Rule 27 and the senior officer shall be entitled to the next increment on completion or of his required qualifying service with effect from the date of re-fixation of pay.

(11) Subject to the provisions of rule 5, if the pay as fixed in the officiating post under sub-rule (i) is lower than the pay fixed in the substantive post, the former shall be fixed at the same stage as the substantive pay.

Fixation of pay of employees appointed by direct recruitment on or after 1st day of January, 2016.

The pay of employees appointed by direct recruitment on or after 1st day of January, 2016 shall be fixed at the minimum pay or the first Cell in the Level, applicable to the post to which such employees are appointed.

Provided that where the existing pay of such employee appointed on or after 1st day of January, 2016 and before the date of to notification of these rules, has already been fixed in the existing pay structure and if his existing emoluments happen to exceed the minimum pay or the first Cell in the Level, as applicable to the post to which he is appointed on or after 1st day of January, 20'16, such difference shall be paid as personal pay to be absorbed in future increments in pay.

Increments in Pay Matrix 
The increment shall be as specified in the vertical Cells of the Matrix.
Illustration:

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Date of next increment in revised pay structure. 

(1) There shall be two dates for grant of increment namely, 1st January and lst July of every, instead of existing date of 1st July:
Provided that an employee shall be entitled to only one annual increment either on 1st January or 1st July depending on the date of his appointment, promotion or grant of financial up-gradation.

(2) The increment in respect of an employee appointed or promoted or granted financial upgradation including upgradation under Modified Assured Career progression Scheme (MACpS) during the period between the 2nd day of January and 1st day of July (both inclusive) shall be granted on 1st day of January and the increment in respect of an employee appointed or promoted or granted financial upgradation including upgradation under MACpS during the period between the 2nd day ofJuly and 1st day of January (both inclusive) shall be granted on 1st day of July.

Illustration:
(a) In case ofan employee appointed or promoted in the normal hierarchy or under MACPS during the period between the 2nd day of luly, 2016 and the 1st day of January, 2017, the first increment shall accrue on the 1st day of July, 2017 and thereafter it shall accrue after one year on annual basis.

(b) ln case of an employee appointed or promoted in the normal hierarchy or under MACPS during the period between 2nd day of January, 2016 and 1st day of July, 2016, who did not draw any increment on 1st day of July, 2016, the next increment shall accrue on 1st day of January, 2017 and thereafter it shall accrue after one year on annual basis:

Provided that in the case of employees whose pay in the revised pay structure has been fixed as on 1st day of January, the next increment in the Level in which the pay was so fixed as on 1st day of January, 2016 shall accrue on 1st day of July, 2016:
Provided further that the next increment after drawl of increment on 1st day of July, 2016 shall accrue on 1st day of July, 2017.

(3) Where two existing Grades in hierarchy are merged and the, Junior Government servant in the lower Grade happens to draw more pay in the corresponding Level in the revised pay structure than the pay of the senior Government servant, the pay of the senior government servant shall be stopped up to that of his junior from the same date and he shall draw next increment in accordance with this rule,

Revision of pay from a date subsequent to 1st day of January, 2016. 
Where a Government servant who continues to draw his pay in the existing pay structure is brought over to the revised pay structure from a date later than 1st day of January, 2016, his pay in the revised pay structure shall be fixcd in thc manner prescribed in accordance with clause (A)of sub-rule (1) of rule 6.

Fixation of pay on promotion on or after 1st day of January 2016.-
The fixation of pay in case of promotion from one Level to another in the revised pay structure shall be made in the following manner, namely:-
(D One increment shall be given in the Level from which the employee is promoted and he shall be placed at a Cell equal to the figure so arrived at in the Level of the post to which promoted and if no such cell is available in the Level to which promoted, he shall be placed at the next higher Cell in that Level.

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Mode of payment of arrears of pay.
The arrears shall be paid during the Financial year 2017-2018.

Power to relax.
Where the Government is satisfied that the operation of all or any of the provisions of these rules causes undue hardship in any particular case, he may, by order, dispense with or relax the requirements of that rule to such extent and subject to such conditions as he may consider necessary for dealing with the case in a Just and equitable,

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SEE THE DETAILS NOTIFICATION CLICK HERE

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