Government of West Bengal
Finance Department
Audit Branch
No-6471-F[P2] Date: 02.12.2019
MEMORANDUM
Consequent upon
promulgation of the West Bengal Services ( Revision of Pay and Allowance)
Rules,2019 and Finance Department's Memo. No-5563-F dt. 25.09.2019, certain
points have been raised from different corners regarding various aspects of
fixation of pay in the revised pay structure as well as exercising of option to
come under the revised pay structure.
After careful consideration
of the matter the undersigned is directed by order of the Governor to provide
the following clarifications on the points raised for information and guidance
of all concerned.
SI. No
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Points raised
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Clarification
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1.
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In terms of 2nd
proviso to Rule 5 of the WBS(ROPS) Rules,2019, a government employee is eligible to
exercise option to come under the said Rules from the date
of promotion.
The pay
of the employees who, after
getting promotion during the 2nd
January to 30lh June in any of the years from 2016 to 2019 got
their pay fixed w.e.f. the date
of next increment on
1st July
as per their option in terms
of the then existing provision (ROPA-2009), cannot be fixed under revised pay structure from the date
of promotion because of the fact that
on that date
such employees did not
get pay fixation benefit
of promotion except the Grade
Pay of the promotion post in
the case of functional promotion and got nothing in
respect of nonfunctional promotion.
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In respect of the
employees who, after getting promotion during 2nd January to 30lh
June in any of the years from 2016 to 2019, got their pay fixed w.e.f. the
date of next increment on 1st July, the date of final fixation of
pay on promotion, whether functional/ nonfunctional, in the pre-revised pay
structure shall be treated as the date of promotion for the purpose of the 2nd
proviso to Rule 5 of the said rules.
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2.
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In terms
of 2nd proviso
to Rule 5 of
the WBS(ROPS) Rules,2019, a
government employee is eligible to exercise option to come under the
said Rules from the
date of promotion that
took place between 1st
day of January 2016
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As the 2nd
proviso to the said Rules does not categorically indicate the same, the
employee is eligible to exercise option for the revised pay structure from
the date of any promotion whether functional/ non-functional that took place
during that period.
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and the date of notification of the said Rules and it is observed that
a few employees got more than one promotion during that period.
A question has been raised whether such an
employee is eligible to
exercise option to come
under the revised
pay structure from the date of 2n or subsequent promotion.
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3.
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It is
observed that few employees got more than one promotion within
one year during the
period from lbt January 2016
to the date
of notification of the
Rules. In terms of Memo. No-
919-F dt. 02.02.2006 such employees are eligible to
get pay fixation benefit for subsequent promotion only after completion of
one year probation period in
the immediate lower promotion post.
A question has been
raised whether such an employee who, after getting promotion has not got
final pay fixation benefit due to non-completion of one year probation period
in the lower promotion
post in terms
of Memo. No-919-F dt. 02.02.2006, is
eligible to exercise option
to come under the revised pay structure from the date
of such subsequent promotion.
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Option to come under the revised
pay structure in respect of such an employee shall be regulated in terms of
the provisions of Rule 5 of the WBS(ROPA) Rules,2019 except from the date of
subsequent promotion in which he has not got final pay fixation benefit due
to non-completion of one year probation period in the lower promotion post
in terms of
memo. No-919-F dt. 02.02.2006.
In respect of such an employee, the revised pay so arrived at
immediately before such promotion as per the option in the above manner or
due to increment or promotion
shall initially be fitted w.e.f. the date of promotion in the
appropriate Level attached to the promotion post at the same
Cell as that of the said pay and in absence of such Cell, it shall be fitted
at the next higher Cell and such pay shall finally be refixed under the
provisions of Rule 11 of the WBS (ROPA) Rules,2019 on completion of one year
probation period in the earlier promotion
post in terms
of Memo. No-919-F
dt. 02.02.2006. In that case he may have option to get his pay fixed
in the promotion post either from the date of completion of probation period
in the lower promotion post or from the date of next increment which falls
after that date.
Illustration 1
An employee while drawing pay of
Rs.7220/-( Rs.5520+Rs.l700) in the lower post in PB-1 with Gr. Pay
Rs.1700/- was promoted
to the post
of LDA on 21.10.2018 in
PB-2 with Gr. Pay
Rs.2600/- and was again promoted to the post of UDA w.e.f.
19.11.2018 in PB-3 with Gr. Pay Rs.3600/- before completion of one year
probation period in the post of LDA. After granting one promotional
increment, his pay w.e.f. 21.10.2018 in the post of LDA in PB-2 with Gr. Pay Rs.2600/- was fixed at Rs.8840/-
(Rs.6240 +Rs.2600) i.e at the minimum. On promotion to the post of UDA, his
pay was provisionally fixed at Rs. 9840/- (Rs. 6240 + Rs.3600) w.e.f.
19.11.2018 which shall be refixed w.e.f
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21.10.2019 at Rs.11040/- (Rs.7440 + Rs.3600) in PB-3 with Gr. Pay Rs.3600/- in terms of Memo. No-919-F dt. 02.02.2006 after allowing normal
increment on 01.07.2019 and
one notional promotional increment. For Fixation of pay in the revised pay
structure he may opt w.e.f. 01.01.2016 or 01.07.2016 or 01.07.2017 or
01.07.2018 (as he did not get any promotion during
that
time) or from 21.10.2018, the date of promotion to the post of LDA.
If he opts for the revised pay
structure from 21.10.2018, his pay in the post of LDA w.e.f. 21.10.2018 shall
be fixed at Rs. 23400/- in Level 6 (Rs. 8840 x 2.57 = Rs. 22718.80 = Rs.
22719)
On promotion to the post of UDA
his pay shall initially be fitted w.e.f.
19.11.2018 at Rs.
28900/- i.e at
the minimum of Level 9, which shall finally be refixed w.e.f.
21.10.2019 at Rs. 28900/- in terms of Memo. No-919-F
dt. 02.02.2006 after allowing normal increment w.e.f. 01.07.2019 in the post of LDA and one notional increment for promotion. His next increment will be on 01.07.2020.
Illustration II
An employee while drawing pay of
Rs.9990/- (Rs.8090 +Rs. 1900) in PB-2 with Gr. Pay Rs.1900/- was promoted to
the post of LDA w.e.f. 07.03.2019 in PB-2 with Gr. Pay Rs.2600/- and was
again promoted to the post of UDA w.e.f. 20.04.2019 in PB-3 with Gr. Pay
Rs.3600/-.
His pay on promotion to the post
of LDA may either be fixed at Rs.10990/- (Rs.8390+ Rs.2600) straightway
w.e.f. 07.03.2019 or at Rs.11300/- (RS.8700+ Rs.2600) w.e.f.
01.07.2019 according as he opted w.e.f. 07.03.2019
or
01.07.2019.
In case, he opted for such
fixation w.e.f. 07.03.2019, on promotion to the post of UDA, his pay was
initially fixed w.e.f.
20.04.2019 at Rs.11990/-
(Rs.8390+ Rs.3600) which shall
be refixed w.e.f. 07.03.2020 in terms of memo. No-919-F dt.
02.02.2006. In case, he opted for such fixation w.e.f. 01.07.2019, his pay on
promotion to UDA was initially fixed w.e.f. 20.04.2019 at
Rs.11690/-(Rs.8090+Rs.3600) and w.e.f. 01.07.2019 at Rs.12300/- (
Rs.8700+ Rs.3600) which
shall be refixed
w.e.f.
07.03.2020 in terms of Memo. No-919-F dt.
02.02.2006.
If he opted for fixation of pay in the pre-revised pay structure in the post of LDA w.e.f. 01.07.2019, he may opt for revised pay structure w.e.f. 01.07.2019 and in that case his pay in the revised pay structure in Level 6 may be fixed at Rs. 29600/- w.e.f. 01.07.2019. On promotion to the post of UDA, his pay may initially be fitted in Level 9 at Rs. 29800/- w.e.f. 01.07.2019 which shall be refixed w.e.f. 07.03.2020 in Level 9 at Rs. 30700/- in terms of Memo No. 919 - F dtd. 02.02.2006 |
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with next increment on
01.07.2021. Such refixation may also be done w.e.f. 01.07.2020, if he so
opted, raising his pay to Rs. 31600/- in Level 9 with next increment on
01.07.2021. However, in case he opted for fixation of pay in the revised pay
structure w.e.f. 07.03.2019, his pay on promotion to the post of UDA may be
fixed in the same manner as detailed herein.
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4.
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A Government employee after coming under the revised
pay-structure first gets
nonfunctional movement to higher Level within the period from 2n
January to 30lh June
of a particular year
and thereafter gets promotion
to higher Level within the same period.
How his pay will be fixed
if he opts to get his pay fixed in the promotion post on the date of his
annual increment on the 1st July of the year?
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Following the analogy as provided under Note 1 (b) below
rule 11 of the WBS (ROPA) Rules, 2019, in cases where non-functional movement to higher Level and
functional promotion fall within the
period from 2nd January to
30th June of
a particular year
and a government employee opts
to fix his pay in the nonfunctional higher Level or promotion post on the
date of his annual increment, no interim benefit of pay fixation will be
allowed for non-functional movement to higher Level. However, on the date of
functional promotion, his pay
will be placed
in the applicable Level
of the promotion post at the
same Cell as that of his existing pay and in absence of such Cell, it shall
be fitted at the next higher Cell of that Level.
On the 1st July, his
pay for such non-functional movement to higher
Level will first be fixed after allowing normal increment in the
manner as laid down under Rule 11 (i) of the WBS (ROPA) Rules,2019 and
thereafter on the basis of such pay so arrived at he will be allowed
promotional pay fixation
in the same manner.
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5.
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Certain question has
been raised as regards
exercising option to come under revised pay structure under WBS(ROPA)
rules,2019 in respect
of the employees appointed on transfer from another post on or
after lsl day of January, 2016 (Explanation 2 below rule 5)
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The employees mentioned under Explanation 2 below Rule 5 do not
include the employees who joined in a post by transfer from another post in
the interest of public service as per the specific provisions of the relevant
Recruitment Rules. For
example, Typists of
the Secretariat and LDAs of the Directorate appointed on transfer to
the post of LDA of the Secretariat, LDCs of the Regional Offices appointed on
transfer to the post of LDA of the
Directorates etc. as per
relevant Recruitment Rules are
such categories.
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6.
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It has
been provided under Rule 48 (f) of the W.B.S.R. Pt-I
that unless the
Government directs to do so
in certain circumstances, extraordinary leave availed by
a State Government employee
does not count towards his increments for which periodical increments
of such an employee is to be deferred
after excluding the period not
qualifying for
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WBS(ROPA) Rules,2019
has prescribed a uniform date of annual increment in respect of all
State Government employees which is 1st July of every year. It is
therefore decided that when the extraordinary leave availed by an employee
has not been counted towards his increment under Rule 48(f) of the W.B.S.R.
Pt-I, the same may be regulated in the following manner: (i ) When the period
of extraordinary leave ranges from more than one month to eleven months
before 1st July of the
next year, the
Government employee may
be allowed the next annual increment notionally on the 1st July
of the next year with actual benefit from the month
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increment and to be fixed
on the first day of the particular month in terms of Rule 48A of WBSR Pt-I.
Now the question
arises how such deferment
of increment will be
regulated under the
WBS(ROPA) Rules,2019?
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after deducting the non-qualifying month(s) of service
spent on such
leave from the
1st July of
notional incremental benefit.
To illustrate, a
Government employee after
getting periodical increment on
1st July 2017,
went on extraordinary leave for 5 (five) months 8
days within 30th June
2018. He would
get increment notionally on 01.07.2018 with actual effect from
01.12.2018.
(ii) Similarly, when
extraordinary leave for one month to eleven months covers the date of increment of 1st
July of the year, he
will be allowed
notional periodical increment
for that year and actual benefit would be allowed after the end of the
extraordinary leave and also counting the period of non-qualifying service
spent on such leave taken together.
To illustrate, a government
employee remained on extraordinary leave
on and from
20.03.2018 to 26.09.2018 i.e.
for 6 months 11 days. He would be allowed
notional annual increment on 01.07.2018 but the actual
benefit would be admissible to him from 01.04.2019.
(iii ) In case the
extraordinary leave stretches over one year or more, no annual increment will
be admissible for the year(s) spent
on such leave.
He will get annual increment w.e.f. the next lsl July of
the year when he joins after spending such leave.
To illustrate,
a
Government employee remained
on extraordinary leave for 1 year 5 months on and from 30.12.2017 after
coming under the
revised pay-structure. He
would not get
annual increment on 01.07.2018. He
would get usual
increment on 01.07.2019.
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7.
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How the annual increment of a Government employee will be regulated under
the revised pay-structure after
revocation of his suspension?
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If the period of suspension in respect of a Government employee has
not been treated as the period spent
on duty, the incremental benefit
in respect of
such employee shall be regulated following the procedure as shown under
clarification No-5 as
if he were
on extraordinary leave.
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Sd/- H.K.Dwivedi
Additional
Chief Secretary to the Government of West Bengal
No. 6471/1[400]-F[P2] Date
: 02.12.2019
Copy
forwarded for information and necessary action to :-
1.
The Principal
Accountant General (A&E), West Bengal, Treasury Buildings, 2,Govt. Place [West] Kolkata - 700 001.
2.
The Additional Chief Secretary to the Governor of West Bengal, Raj
Bhaban, Kolkata.
3.
The Additional Chief Secretary / Principal Secretary / Secretary,--------------------------------
4.
The Pay &
Accounts Officer, Kolkata
Pay & Accounts Officc-I, 81/2/2, Phears Lane, Kolkata - 700 012.
5.
The Pay & Accounts Officer, Kolkata Pay & Accounts
Office-II, P-l, Hyde Lane, Jawahar Buildings, Kolkata- 700 073.
06 The Pay & Accounts Officer, Kolkata
Pay & Accounts Office-Ill,
LB. Market, Sector - III, Salt Lake, Kolkata - 700 091.
07. The Assistant Secretary &
D.D.O., Finance Department.
08. The District Magistrate/Judge
9.
The Commissioner,______________________________ ----------------------------- Division
10.
The Treasury Officer,_______________________________ -------------------------------------
11. The Sub-Divisional Officer,
12. The Superintendent of Police,
13.
The Principal, Industrial Training Institute,^
14.
The Ex. Engineer/Superintending Engineer,
15.
The__________________
Department/Directorate.
It is requested that this Memo, may be circulated to all offices
under their control. 16. Shri Sumit
Mitra, Network Administrator, Finance Department for uploading this Resolution
in the website of Finance Department
Deputy Secretary to the Government of West Bengal
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