(xiii) any other class or category of persons whom the Government may, by order, specifically exclude from the operation of all or any of the provisions contained in these rules.
3. Definitions. – in these rules, unless the context otherwise requires:-
(i) “existing basic pay” means the pay drawn in the prescribed existing Pay Band and Grade Pay or Pay in the existing pay scale;
(ii) “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 commencement of these rules whether in a substantive capacity or in officiating capacity;
(iii) “existing scale” in relation to a Government servant means the pay scale applicable to the post held by the Government servant as on the date immediately before the date of commencement of these rules, whether in a substantive, temporary or officiating capacity;
(iv) “existing pay structure” in relation to a Government servant means the present system of Pay Band and Grade Pay or the Pay Scale applicable to the post held by the Government servant as on the date immediately before the commencement of these rules whether in a substantive, temporary or officiating capacity.
Explanation. –
The expressions “existing basic pay”, “existing Pay Band and Grade Pay” and “existing scale”, in respect of a Government servant who on the 1st day of January, 2016 was on deputation out of State 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, shall mean such Basic Pay, Pay Band and Grade Pay or Scale in relation to the post which he would have held but for his being on deputation or on leave or on foreign service or officiating in the higher post, as the case may be;
(v) “existing emoluments” mean the sum of (i) existing basic pay and (ii) existing dearness allowance at index average as on 1st day of January, 2006;
(vi) “pay matrix” means Matrix specified in Part A of the Schedule, with Levels of Pay arranged in vertical cells as assigned to corresponding existing Pay Band and Grade Pay;
(vii) “Level” in the Pay Matrix means the Level corresponding to the existing Pay Band and Grade Pay specified in Part A of the Schedule;
(viii) “pay in the level” means pay in the appropriate Cell of the Level as specified in Part A of the Schedule;
(ix) “revised pay structure” in relation to a post means the Pay Matrix and the Levels specified therein corresponding to the existing Pay Band and Grade Pay of the post unless a different revised Level is notified separately for that post;
(x) “basic pay” in the revised pay structure means the pay drawn in the prescribed Level in the Pay Matrix;
(xi) “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.
4. Level of posts.
The Level of posts shall be determined in accordance with the various Levels as assigned to the corresponding existing Pay Band and Grade Pay as specified in the Pay Matrix.
5. 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 any subsequent increment(s) 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 upgradation, the Government servant may elect to switch over to the revised pay structure from the date of such promotion or upgradation, as the case may be.
Explanation 1.-
The option to retain the existing pay structure under the provisos to this rule shall be admissible only in respect of one existing Pay Band and Grade Pay or scale.
Explanation 2.-
The aforesaid option shall not be admissible to any person appointed to a post for the first time in Government service or by transfer from another post on or after the 1st day of January, 2016, and he shall be allowed pay only in the revised pay structure.
Explanation 3.-
Where a Government servant exercises the option under the provisos to this rule to retain the existing pay structure of a post held by him in an officiating capacity on a regular basis for the purpose of regulation of pay in that pay structure, or under any other rule or order applicable to that post, his substantive pay shall be substantive pay which he would have drawn had he retained the existing pay structure in respect of the permanent post on which he holds a lien or would have held a lien had his lien not been suspended or the pay of the officiating post which has acquired the character of substantive pay in accordance with any order for the time being in force, whichever is higher.
6. Exercise of option:-
(1) The option under the provisos to rule 5 shall be exercised in writing in the form appended to these rules so as to reach the authority mentioned in sub-rule (2) within three months of the date of notification of these rules or where any revision in the existing pay structure is made by any order subsequent to the date of notification of these rules, within three months of the date of such order:
Provided that:-
(i) in the case of a Government servant who is, on the date of such notification or, as the case may be, date of such order, out of State on leave or on deputation or foreign service or active service, the said option shall be exercised in writing so as to reach the said authority within three months of the date of his taking charge of his post in the State; and
(ii) where a Government servant is under suspension on the 1st day of January,2016, the option may be exercised within three months of the date of his return to his duty if that date is later than the date prescribed in this sub-rule.
(2) The option shall be intimated by the Government servant to the Head of his Office along with an undertaking, in the form appended to these rules.
(3) If the intimation regarding option is not received by the authority within the time specified in sub rule (1), the Government servant shall be deemed to have elected to be governed by the revised pay structure with effect from the 1st day of January, 2016.
(4) The option once exercised shall be final.
Note 1:
Persons whose services were terminated on or after I st January, 2016 and who could not 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, shall be entitled to exercise option under sub-rule (1).
Note 2:
Persons who have died on or after the 1st day of January, 2016 and could not exercise the option within prescribed time limit are deemed to have opted for the revised pay structure on and from the 1st day of January, 2016 or such later date as is most beneficial to their dependents if the revised pay structure is more favorable and in such cases, necessary action for payment of arrears shall be taken by the Head of Office.
Note 3:
Persons who were on earned leave or any other leave on 1st day of January, 2016 which entitled them to leave salary shall be entitled to exercise option under sub-rule (1).
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:
(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-Clause (I) & (ii), of Clause-A under Rule 7 (1).
Illustration:
(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:-
The increment shall be as specified in the vertical Cells of the applicable Level in the Pay Matrix.
Illustration:
An’ employee in the Basic Pay of 31400 in Level 4 will move vertically down the same Level in the cells and on grant of increment, his basic pay will be 32300.
13. Availability of option for fixation of pay on promotion from the Date of Next Increment (DM) in the lower post:
(I) On promotion from one Level to another Level / financial up gradation under Time Bound promotion Scheme/insitu scheme, a Government servant shall have an option to get his I her pay fixed in the higher post I Level either from the date of his/her promotion or from the date of his/her next increment (either 1st July or 1st January, as the case may be) accruing in the Level of the post from which he / she is promoted. The pay will be fixed in the following manner in the revised Pay structure:-
(a) In case, consequent upon his / her promotion, the Government Servant opts to have his/her pay fixed from the date of his/her next increment (either 1st July or 1st January, as the case may be) in the Level of the post from which Government Servant is promoted, then, from the date of promotion till his/her date of next increment, the Government Servant shall be placed at the next higher cell in the Level of the post to which he/she is promoted.
Illustration:
(b) Subsequently, on the date of next increment (DNI) in the Level of the post to which Government Servant is promoted, his/her pay will be re-fixed and two increments (one annual increment and the second on account of promotion) may be granted in the Level from which the Government Servant is promoted and he/she shall be placed, at a cell equal to the figure so arrived, in the Level of the post to which he/she is promoted; and if no such cell is available in the Level to which he/she is promoted, he/she shall be placed at the next higher cell in that Level.
Illustration:
(c) The Government employee who is promoted in his own pay and grade (OPG) to the higher post shall have no right to exercise an option to defer his/her fixation of pay till next date of increment.
(2) In order to enable the employees to exercise the option within the time limit prescribed, the option clause for pay fixation on promotion with effect from the date of promotion/ date of next increment shall invariably be incorporated in the promotion/ appointment order so that there are no cases of delay in exercising the option due to administrative lapse(s).
14. Qualification Bar. –
Notwithstanding anything contained in these Rules, the departmental tests / technical qualifications prescribed for appointment to the posts or for promotion from one post to the another or for drawal of increments shall continue to be operative as hereto fore for the revised Pay Levels also.
15. Creation of new Posts. –
No post shall be created in future under the Government except in one of the Revised Pay Levels shown in the schedule appended to these Rules. All posts created or upgraded on or after 01.01.2016 to the date of issue of these Rules shall be deemed to have been created or upgraded in the corresponding Pay Levels for those posts.
16. Mode of payment of arrears of pay. –
The mode & procedure of payment of arrears on account of the revision of pay under these rules from 1st day of January, 2016 to 31st day of March, 2018 shall be ordered/ issued separately
Explanation. –
For the purpose of this rule, “arrears of pay” in relation to a Government servant, means the difference between-
(i) the aggregate of the pay and dearness allowance to which he is entitled on account of the revision of his pay under these rules for the period effective from the 1st day of January, 2016; and
(ii) the aggregate of the pay and dearness allowance to which he would have been entitled (whether such pay and dearness allowance had been received or not) for that period had his pay and allowances not been so revised.
17. Special provisions/ treatment for certain posts. –
The benefits of special provisions/special treatment available/accorded to certain categories of posts under the Jammu & Kashmir Civil Services (Revised) Pay Rules 1998 notified vide SRO 18 dated 19.01.2018 shall continue, unless the same has been specifically withdrawn, till further orders.
Provided that the benefit of higher pay scales as were existing for any specific class(s)/ categories of employees/ posts prior to the notification of Jammu & Kashmir Civil Services (Revised) Pay Rules 1992 shall not be available henceforth.
18. Overriding effect of rules. –
The provisions of the Jammu & Kashmir Civil Services Regulations, the Jammu & Kashmir Civil Services (Revised) Pay Rules, 1962, the Jammu & Kashmir Civil Services (Revised) Pay Rules, 1973, the Jammu & Kashmir Civil Services (Revised) Pay Rules, 1982, the Jammu & Kashmir Civil Services (Revised) Pay Rules 1987, the Jammu & Kashmir Civil Services (Revised) Pay Rules 1992, the Jammu & Kashmir Civil Services (Revised) Pay Rules 1998, & the Jammu & Kashmir Civil Services (Revised) Pay Rules, 2009 shall not, save as otherwise provided in these rules, apply to cases where pay is regulated under these rules, to the extent they are inconsistent with these rules.
19. 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, the Government may, by order, dispense with or relax the requirements of that rule to such extent and subject to such conditions as may be considered necessary for dealing with the case in a just and equitable manner.
20. Interpretation. –
If any question arises relating to the interpretation of any of the provisions of these rules, it shall be referred to the Government in Finance Department for decision which shall be binding & final.
By order of Governor,
S/d,
(Navin K. Choudhary), IAS,
Principal Secretary to Government,
Finance Department.
