Tamil Nadu 7th Pay Commission
Finance (Pay Cell) Department G.O.No.303 Dated 11.10.2017
The State Government of Tamil Nadu issued orders on 11th October, 2017 regarding the recommendations of Official Committee on Revision of Pay, Allowances, Pension and Related benefits.
ABSTRACT
OFFICIAL COMMITTEE, 2017 – Recommendations of the Official Committee, 2017 on revision of pay, allowances, pension and related benefits – Revision of Pay – Orders – Issued – The Tamil Nadu Revised Pay Rules, 2017 – Notified.
Read the following:-
G.O.Ms.No.40, Finance (Pay Cell) Department, dated: 22-02-2017
G.O.Ms.No.189, Finance (Pay Cell) Department, dated 27-06-2017
ORDER:
The Government of Tamil Nadu in the Government Order first read above constituted an Official Committee to examine and make recommendations on revision of scales of pay and allowances for State Government employees and teachers including employees of Local Bodies and revision of pension, family pension and retirement benefits based on the decisions of the Government of India on the recommendations of the Seventh Central Pay Commission and the High-Level Committee constituted by it for revision of allowances other than Dearness Allowance.
2. The Official Committee was also requested to submit its report to Government within four months i.e. on or before 30-06-2017. On the request of the Official Committee, 2017, its tenure was extended in the Government Order second read above upto 30-09-2017.
3. The Official Committee, 2017 has submitted its report to Government on 27-09-2017. The Government after careful consideration of the report of the Official Committee, 2017 has decided to accept its recommendations and pass the following orders:
NEW PAY STRUCTURE
4. The existing system of Pay Bands and Grade Pay applicable to State Government employees and teachers including employees of local bodies shall be replaced by new system of level based Pay Matrix in a manner similar to that adopted by the Government of India for its employees. Accordingly, Pay Matrix as in Schedule-III and Schedule-IV of the Tamil Nadu Revised Pay Rules, 2017 shall replace the existing system of Pay Bands and Grade Pay. The Pay Matrix shall comprise of two dimensions viz. horizontal range and vertical range:
(i) In the ‘Horizontal Range’, level corresponds to a functional role in the hierarchy and has been assigned level numbers 1, 2, 3 and so on, till 32. The level numbers correspond to Grade Pays in the existing system. Movement from one level to a higher level would take place due to movement to a higher functional role, including that due to promotion.
(ii) In the ‘Vertical Range’, each step denotes ‘pay progression’ within that level, and indicates the steps of annual financial progression of three percent in each level, corresponding to one increment. Movement along vertical range arises due to sanction of annual increment or grant of Selection Grade/Special Grade / stagnation / bonus increment.
5. Schedule-I and Schedule-II of the Tamil Nadu Revised Pay Rules, 2017 indicate the pay levels for Government employees on time scales of pay and employees on special time scales of pay respectively corresponding to their grade pay under the existing system. Schedule-III and Schedule IV contain the Pay Matrix for employees on time scales of pay and employees on special time scales of pay respectively.
6. In the Pay Matrix, the minimum pay at Level-1 is Rs.15,700 and maximum pay at Level-32 is Rs.2,25,000 in respect of employees on time scale of pay.
FITMENT AND FIXATION OF PAY
7. Fitment factor of 2.57 shall be applied uniformly to all employees while fixing pay of existing employees in the pay matrix, irrespective of their present grade pays or corresponding new levels. Pay plus grade pay of an employee at any level as on 1-1-2016 (Pay in the Pay Band + Grade Pay) shall be multiplied by a factor of 2.57 for the purpose of fixing the pay in the pay matrix.
OPTION FOR THE DATE OF MIGRATION TO THE REVISED PAY STRUCTURE
8.Every existing employee shall be permitted to determine his date of migration to the revised pay structure by choosing any of the following options:
(a) to migrate to the revised pay structure with effect from 1st January 2016; or
(b) to continue in the existing pay structure until the date when his/her next or any subsequent increment falls due or until he/she vacates his/her post or ceases to draw pay in that pay structure and migrate to revised pay structure on such date; or
(c) to migrate to revised pay structure from the date of promotion between 1-1-2016 and the date when the Tamil Nadu Revised Pay Rules, 2017 are notified.
FIXATION OF PAY AND INCREMENTS IN THE REVISED PAY STRUCTURE
9. The fixation of pay and increments in the revised pay structure shall be governed by the Tamil Nadu Revised Pay Rules, 2017 appended with this order.
SELECTION GRADE AND SPECIAL GRADE SCALES OF PAY
10. The existing scheme of providing two increments for Selection Grade / Special Grade on completion of 10/20 years of service shall be continued in the revised pay structure also for employees holding posts in Level-1 [Employees holding the Ordinary Grade Posts in the existing Grade Pay Rs.1300/-] upto Level-23 [Employees holding the Ordinary Grade Posts in the existing Grade Pay Rs.5700/-]. Accordingly, such employees moving to Selection Grade/ Special Grade on or after 1-1-2016 shall be granted two increments in the same Level in Pay Matrix on that date.
STAGNATION INCREMENT AND BONUS INCREMENT
11. In the revised pay structure, the existing concession of stagnation increment and bonus increment shall be continued as follows.-
(a) In the case of employees drawing Pay in the Level-24 and above on completion of every 10 years of service, they shall be granted with one increment at the rate of 3% of basic pay in the same Level as stagnation increment.
(b) In the case of employees who have completed 30 years of continuous service in the same post, they shall be granted one bonus increment at the rate of 3% of basic pay in the same Level.
(c) In respect of employees stagnating at the maximum of the existing Pay Band for more than two years as on 1-1-2016, one increment in the applicable Level in the Pay Matrix shall be granted on 1-1-2016 for every two completed years of stagnation at the maximum of the said Pay Band. Grant of additional increment(s) shall be subject to condition that the pay arrived at after grant of such increment does not exceed the maximum of the applicable Level in the Pay Matrix. [See Illustration-IV in Schedule-IV to this order.]
PERSONAL PAY
12. The Personal Pay drawn by the Secondary Grade Teacher including other posts in the cadre of Secondary Grade Teacher / Head Master, High School / Deputy Tahsildar / Deputy Block Development Officer shall be shown separately in the fixation of pay and such Personal Pay in the revised pay structure shall be fixed by multiplying with a factor of 2.57, rounded off to next 100 rupees as detailed below:
13. The above revised Personal Pay shall also be applicable to the new recruits appointed to the above posts after the implementation of the revised pay structure.
14. The Personal Pay of Rs.60/- per month granted to directly recruited Assistants / Accountants as compensation for the difference in pay at the rate of Rs.60/- considering the difference between emoluments of graduate Junior Assistants and of the directly recruited Assistants/ Accountants shall be absorbed while fixing the pay in the revised pay structure.
DEARNESS ALLOWANCE
15. In the revised pay structure, dearness allowance shall be sanctioned to State Government employees whenever granted by the Central Government to its employees at the same rates and from the same dates. Accordingly, the dearness allowance under the revised pay structure shall be as indicated below :–
AIDED EDUCATIONAL INSTITUTIONS:
16. These orders shall apply to employees of all the Government aided educational institutions in the State.
LOCAL BODIES:
17. The Government has decided to extend the revised pay structure recommended by the Official Committee, 2017 to the employees of Local Bodies. The level based new revised pay structure of the employees of these institutions shall be as in Schedule-III and Schedule-IV of the Tamil Nadu Revised Pay Rules, 2017 appended to this order. These orders are issued in exercise of the powers conferred under sub section (1) of section 86 of the Chennai City Municipal Corporation Act, 1919, section 106 of the Madurai City Municipal Corporation Act,1971, section 108 of Coimbatore City Municipal Corporation Act, 1981, section 8 of the Salem City Municipal Corporation Act, 1994, section 8 of the Tiruchirappalli City-Municipal Corporation Act, 1994, section 8 of the Tirunelveli City Municipal Corporation Act,1994, section 8 of Tiruppur City Municipal Corporation Act, 2008, section 8 of Erode City Municipal Corporation Act, 2008, section 8 of Vellore City Municipal Corporation Act, 2008, section 8 of Thoothukudi City Municipal Corporation Act, 2008, section 108 of Dindigul City Municipal Corporation Act, 2013 and section 108 of Thanjavur City Municipal Corporation of 2013. These orders are also issued in exercise of the powers conferred in sub section (3) of section 70 of the Tamil Nadu District Municipalities Act, 1920 in respect of the employees of Municipal Councils and Town Panchayats and in exercise of the powers conferred by section 102 of the Tamil Nadu Panchayats Act,1994 in respect of employees of the Panchayats covered under the said Act.
18. The method of fixation of pay of the employees covered under paragraph-16 and 17 above shall be as specified in paragraph-9 above.
19. The thirty two Level of Pay as revised by the Government are furnished in Schedule-I to the Tamil Nadu Revised Pay Rules, 2017 appended to this order. The Government also direct that the new posts which are created in future shall be with reference to the above standard Levels of Pay and all Heads of Departments and Departments of Secretariat formulating proposals for creation of new categories of posts should adhere to one of the Pay Level under the 32 Level of Pay in the revised pay structure.
POSTS ON SPECIAL TIME SCALES OF PAY :
20. Certain categories of posts have been placed on Special Time Scales of Pay (erstwhile non-standard scales of pay). These posts have been conferred with different special time scales of pay and maintained outside the purview of time scales of pay applicable to the regular employees. This has been done with the intention of providing better livelihood to these employees who mostly are not on full time basis.
21. The same methodology that has been adopted in arriving at the pay matrix for the employees on time scales is being adopted for the employees on Special Time Scales of Pay. Accordingly, pay matrix for posts on special time scales of pay shall be as in Schedule-IV.
22.The employees on Special Time Scale of Pay shall be granted the same percentage of Dearness Allowance as applicable to employees on time scales of pay from time to time. These employees shall also be entitled for House Rent Allowance, City Compensatory Allowance, Medical Allowance and other allowances along with annual increment, as applicable to employees on time scales of pay from time to time.
EMPLOYEES ON CONSOLIDATED PAY / FIXED PAY / HONORARIUM :
23. Certain categories of posts were sanctioned on part-time basis by the Government on Consolidated Pay / Fixed Pay / Honorarium for implementation of schemes / programmes. The revised remuneration of the employees in Consolidated Pay / Fixed Pay / Honorarium shall be fixed as follows:
(i) Consolidated Pay / Fixed Pay / Honorarium as on 1-1-2016; plus
(ii) Total sum of adhoc increase at Rs.400/- in the case of those drawing upto Rs.600/- p.m. and Rs.800/- in the case of those drawing above Rs.600/- as the case may be paid to them upto 1-1-2016.
(iii) 30% increase on (i) above and then rounding of the resultant figure to the next multiple of Rs.100/-.
(iv) From 1-7-2016 adhoc increase shall be granted at the rate of Rs.50/- for those drawing revised Consolidated Pay / Fixed Pay / Honorarium upto Rs.2500/- per month and Rs.100/- for those drawing Consolidated Pay / Fixed Pay / Honorarium above Rs.2500/-. [See Illustrations in Appendix-I to this order].
ADHOC INCREASE:
24. In the revised pay structure, an adhoc increase in remuneration shall be sanctioned to employees on Consolidated Pay / Fixed Pay / Honorarium whenever Dearness Allowance is revised for employees on time scales of pay and employees on special time scale of pay. Accordingly, the revised adhoc increase shall be as indicated below :
FIXATION OF PAY UNDER TAMIL NADU REVISES PAY RULES, 2017
25. (1) In order to facilitate a smooth and systematic fixation of pay, a proforma for the purpose (Statement of Fixation of Pay) is enclosed at Appendix-II. The statement of fixation of pay in revised pay structure as per the Tamil Nadu Revised Pay Rules, 2017 be prepared in triplicate and one copy thereof be placed in the Service Book of the employee concerned and another copy made available to the concerned accounting authority [Accountant General / Pay and Accounts Officer / Treasury Officer / Sub-Treasury Officer] for post-check.
(2) The Commissioner of Treasuries and Accounts shall issue the instructions to the concerned authority to check the correctness of the fixation of pay in the revised pay structure and ensure the fixation of pay in order as per the Tamil Nadu Revised Pay Rules, 2017. All the particulars in the Statement of fixation of pay shall be entered in the e-Payroll and the consolidated data of the all the employees shall be handed over to the Finance Department on or before 1-1-2018.
(3) The statement of fixation of pay in respect of Government employees drawing pay in the Level-26 and above shall be fixed by the Pay and Accounts Officer / Treasury Officers / Sub-Treasury Officers / Accountant General as the case may be in the proforma given in Appendix-II based on the option exercised by such employees and pay slips issued. In respect of other employees, the Heads of Offices shall fix the pay in the new pay structure without consultation of the Accountant General or the Pay and Accounts Officer or Treasury Officer in the proforma given in Appendix-II and a copy thereof shall, however, be sent along with the pay bill for claiming the emoluments in the revised pay structure to the Pay and Accounts Officer / Treasury Officer / Sub-Treasury Officer for post-audit. The requirement of pre-check of pay fixation having been dispensed with, it is not unlikely that the fixation of pay due in some cases may be computed incorrectly leading to over payments that might have to be recovered subsequently. Therefore, the Drawing and Disbursing Officers should make it clear to the employees under their administrative control, while disbursing the revised pay; that the payments are being made subject to adjustment from amounts that may be due to them subsequently should any discrepancies be noticed later. For this purpose, an undertaking as prescribed as per a “Form of Option” under Rule 6(2) of the Tamil Nadu Revised Pay Rules, 2017 shall be obtained in writing from every employee at the time of exercising option under Rules 6(2) thereof.
(4) All the Administrative Department of Secretariat / Heads of Department / Head of Offices are directed to issue necessary instructions to all the Drawing and Disbursing Officers under their control to claim the revised pay forthwith based on the Proceedings / Orders issued by the Pay Fixation Authorities duly fixing the pay of the employees in the revised pay structure and make payment in the revised pay structure.
FIXATION OF REVISED PAY / PENSION IN RESPECT OF EMPLOYEES DRAWING HIGHER PAY BASED ON COURT ORDERS:
26. Pay revision / pension revision in respect of employees in the categories drawing higher pay scales / pension by virtue of court cases pending in High Court / Supreme Court shall be issued separately.
27. Amendments to Fundamental Rules and Tamil Nadu Special Pay and Allowances Rules shall be notified separately.
28. The following notification shall be published in the Tamil Nadu Government Gazette:-
NOTIFICATION
In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the Governor of Tamil Nadu hereby makes the following rules, namely:-
RULES
1.Short title and commencement-
(1) These rules may be termed as the Tamil Nadu Revised Pay Rules, 2017.
(2) They shall be deemed to have come into force notionally with effect from 1st day of January, 2016 and with monetary benefit from 1st October, 2017.
2. Categories of Government employees to whom these rules apply
(1) Save as otherwise provided under these rules, it shall apply to the persons appointed to civil services and posts on full time / regular basis in connection with the affairs of the Government of Tamil Nadu, who are under the administrative control of the Government of Tamil Nadu and whose pay is debitable to the Consolidated Fund of the State of Tamil Nadu.
(2) These rules shall not apply to—
(a) Members of All India Services working in connection with the affairs of Government of Tamil Nadu;
(b) Judicial Officers covered by Judicial Pay Commission;
(c) Persons not in whole time employment;
(d) Persons paid otherwise than on monthly basis, including those paid on daily wage basis or on contract basis or appointed under outsourcing policies;
(e) 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.Definition– In these rules, unless the context otherwise requires:
(i) “existing basic pay” means pay drawn in the prescribed Pay Band including Grade Pay on the date of migration to revised pay structure opted by a Government employee under rule 6, but does not include any other type of pay like “special pay”, “personal pay” etc.
Provided that for existing directly recruited Assistants / Accountants in the Tamil Nadu Ministerial Service drawing personal pay of rupees sixty under the existing pay structure on the date of coming into force of these rules, existing basic pay shall include such personal pay.
(ii) “existing Pay Band and Grade Pay” in relation to a Government employee means the Pay Band and the Grade Pay applicable to the post held by the Government employee, whether in a substantive capacity or in officiating capacity, on the date of migration to revised pay structure opted by him under rule 6,;
(iii) “existing pay structure” in relation to a Government employee means the present system of Pay Band and Grade Pay applicable to the post held by the Government employee as on the date immediately prior to the coming into force of these rules whether in a substantive or officiating capacity.
Explanation.- The expressions “existing basic pay”, and “existing Pay Band and Grade Pay”, in respect of a Government employee who on the 1st day of January, 2016 was on deputation 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 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 higher post, as the case may be;
(iv) “Pay Matrix” means Matrix specified in Schedule-III and IV, with Levels of pay arranged in vertical cells as assigned to corresponding existing Pay Band and Grade Pay;
(v) “Level” in the Pay Matrix shall mean the Level corresponding to the existing Pay Band and Grade Pay specified in the Schedule-III and IV;
(vi) “pay in the Level” means pay drawn in the appropriate Cell of the Level as specified in the Pay Matrix;
(vii) “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;
(viii) “basic pay in the revised pay structure” means the pay drawn in the prescribed Level in the Pay Matrix but does not include any other type of pay like special pay/personal pay, etc; and
(ix) “Schedule” means 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. Application of revised pay structure
Save as otherwise provided in these rules, there shall be paid to a holder of a post in a substantive or in a officiating capacity or appointed temporarily under section 17 or promoted temporarily under section 47 of Tamil Nadu Government Servants (Conditions of Services) Act, 2016 (including those under suspension or on deputation or on foreign service or on leave or suspended lien) pay determined in the respective Level in the revised pay structure applicable to the post.
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 anyperson 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.
7. Fixation of pay in the revised pay structure at the time of migration
(1) The pay of a Government employee who opts or is deemed to have opted under rule 6 to be governed by the revised pay structure with effect from 1st day of January, 2016 or a different date of migration shall, unless the Government by special order in any specific case 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:-
(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 shall be located in the respective 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-I – See Schedule-V)
(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. (Illustration-II – See Schedule-V)
(2) Where in fixation of pay, the pay of Government employees drawing pay at two or more stages in the existing Pay Band and Grade Pay or scale, as the case may be, get fixed at same Cell in the applicable Level in the Pay Matrix, one additional increment shall be given for every two stages bunched and the pay of Government employee drawing higher pay in existing pay structure shall be fixed at the next vertical Cell in the applicable Level.
Explanation: For this purpose, the pay drawn by two Government employees in a given Pay Band and Grade Pay or scale where the higher pay is at least 3 percent more than the lower pay shall constitute two stages. Employees drawing pay where the difference is less than 3 percent shall not be entitled for this benefit.
(3) If by stepping up of the pay as above, the pay of a Government employee 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 Government employee who was drawing pay at the next higher stage or stages in the same existing pay structure gets fixed, the pay of the latter shall also be stepped up to the extent by which it falls short of that of the former.
(4) Where in the fixation of pay under sub-rule (1), the pay of a Government employee, who, in the existing pay structure, was drawing immediately before the 1st day of January, 2016 pay greater than another Government employee junior to him in the same cadre, gets fixed in the revised pay structure in a Cell with pay lower than that of such junior, his pay shall be stepped up to the same Cell in the revised pay structure as that of his junior.
(5) If a Government employee was under reduction of pay or stoppage of increment as a penalty on the 1st January 2016, his pay shall be fixed in the revised pay structure on the basis of emoluments he drew on the 1st January 2016 and he shall continue to draw the pay so fixed in the revised scale till the expiry of the period of penalty. His pay in the revised scale shall be refixed immediately following the date of expiry of the period of penalty with reference to the emoluments which he would have drawn on the 1st January, 2016 taking the fact into consideration whether the penalty awarded is with or without cumulative effect.
Illustration: If a Government employee’s increment falling due on the 1st January, 2016 had been postponed for a year without cumulative effect, his actual present emoluments as on the 1st January 2016 would be the basis for determination of his revised pay with effect from the 1st January, 2016 and the pay so fixed shall be in force upto the 31st December 2016. However, for purpose of determination of his pay with effect from 1st January 2017 his pay on the 1st January 2016 shall be refixed notionally based on the present emoluments which he would have received on the 1st January 2016 but for his penalty and he will get the next increment on the 1st January 2017 from that stage.
If, however, the penalty of stoppage of increment due on the 1st January 2016 had been awarded with cumulative effect, the revised pay shall be fixed based on the actual present emoluments as on the 1st January 2016. There shall be no refixation of pay in this case.
8. Fixation of pay of employees appointed first time in Government by direct recruitment or otherwise on or after 1st day of January, 2016–
Notwithstanding the provisions of rule 6, pay of an employee appointed to Government service for first time by direct recruitment or otherwise on or after 1st January 2016 shall be fixed, with effect from the date of appointment, at the minimum pay or the first Cell in the respective Level applicable to the post to which such employees are appointed:
Provided that where the existing emoluments of such employee is higher than such minimum pay or the first cell, the difference shall be paid as personal pay to be absorbed in subsequent increments in pay.
Explanation 1: “existing emoluments” means the sum of (i) basicpay excluding personal pay/special pay, if any and (ii) dearness allowance on the date of his appointment.
Explanation 2: Personal pay to be absorbed in subsequent increments in pay means that no further increments shall be sanctioned till the increments due become greater than the personal pay, and thereafter, increments due shall be paid and personal pay shall be discontinued.
9.Increments in Pay Matrix
The increment shall be effected by moving vertically down along the applicable Level by one cell from the existing cell of pay in the pay matrix . (Illustration–III – see Schedule-V).
10. Date of next increment in the revised pay structure–
(1) There shall be four quarters for grant of increment namely, 1st January, 1st April, 1st July and 1st October of every year:
Provided that an employee shall be entitled to only one annual increment either on 1st January or 1st April or 1st July or 1st October depending on the date of his appointment and promotion.
(i) The Government employees shall be permitted to draw their annual increment in the revised pay structure in four quarters admissible in the existing pay structure as the case may be viz. 1st January, 1st April, 1st July and 1st October.
(ii) The next increment of a Government employee in the revised pay structure shall be granted on the date he would have drawn increment had he continued in the existing pay structure on completion of the required qualifying service of one year.
(iii) lf a Government employee draws his next increment in the revised pay scale under sub-rule (ii) above and thereby becomes eligible for higher pay than his senior whose next increment falls due on a later date, then the pay of such senior shall be re-fixed equal to the pay of the junior from the date on which the junior becomes entitled to higher pay.
11. Stagnation and Bonus increment
(1) A Government employee drawing pay in the level 24 and above shall on completion of every term of 10 years of service in a particular level without promotion shall be granted one additional increment as stagnation increment on the date of completion of such term.
Provided that periods that such Government employee has worked in posts in the corresponding grade in the existing pay structure or corresponding pay scale prior to introduction of existing pay structure without promotion shall be counted while arriving at the term of service in the particular level.
(2) Government employee completing 30 years of continuous service in the same post shall be granted one additional increment as bonus increment on the date of completion of such period.
(3) Where a Government employee has been drawing maximum permissible pay of the applicable pay band or scale in the existing pay structure for more than two years as on 1st January 2016, he shall be sanctioned one additional increment for every two completed years of stagnation at such maximum permissible pay after fixing pay in the revised pay structure under rule 7, subject to the condition that the pay arrived at after grant of such increment does not exceed the maximum of the applicable level of the Pay Matrix. (Illustration-IV : Schedule-V)
12. Additional increments on award of Selection Grade and Special Grade
(1) A Government employee in Level-1 to Level-23, on being awarded selection grade or special grade, shall be granted two additional increments in the same level in the Pay Matrix on the date of award of that grade.
(2) Where on award of selection or special grade to a Government employee, consequent to grant of additional increments, the pay of such Government employee gets fixed in the revised pay structure at a pay higher than pay in the same level of another Government employee senior to him in the same cadre, the pay of the latter shall be stepped up to the same Cell in the same level in the revised pay structure as that of his junior.
Provided that upon refixing the pay of the senior as above, Fundamental Rule 27 shall apply and the next increment of the senior officer shall become due on completion of the requisite qualifying service with effect from the date of refixation of the pay.
13. Removal of anomalies
(1) Where in the fixation of pay in the revised pay structure upon appointment or promotion to a higher post, pay of a Government employee gets fixed higher than that of a Government employee senior to him, who has been promoted earlier to the same higher post in the same cadre, the pay of such senior Government employee in the revised pay structure shall be stepped up to the same Cell in the revised pay structure as that of his junior in that higher post and such stepping up shall be done with effect from the date of promotion of the junior Government employee subject to the fulfilment of the following conditions, namely:-
(a) both the junior and the senior Government employees should 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 employees at the time of promotion should have drawn equal or more pay than the junior;
(d) the anomaly should have arisen directly as a result of the application of the provisions of Fundamental Rules or any other rule or order regulating pay fixation on such promotion in the revised pay structure;
Provided that where the pay of the junior employee is greater than that of the senior on account 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 employee.
(2) The order relating to re-fixation of the pay of the senior employee in accordance with sub rule (1) shall be issued under the provisions of Fundamental Rules and the senior employee shall be entitled to the next increment on completion of the required qualifying service one year with effect from the date of re-fixation of pay.
14. Date of effect
The revised Pay Level for regular Government employees and employees on special time scales of pay / Consolidated Pay / Fixed Pay / Honorarium shall take notional effect from 1st January, 2016 with monetary benefit from 1st October, 2017..
15. Power to relax / amend the rules
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, by order, dispense with or relax the requirements of that rule to such extent and subject to such conditions as deemed necessary for dealing with the case in a just and equitable manner.
16. Interpretation
If any question arises relating to the interpretation of any of the provisions of these rules, it shall be referred to the State Government for decision and the Government may, by order remove any difficulty that may arise in giving effect to the provisions of these rules.
17. Effect of other rules
Save as otherwise provided in these Rules, no provision of any other rules made or deemed to have been made under the proviso to Article 309 of the Constitution of India shall, in so far as it is inconsistent with any of the provision of these Rules, have any effect.
(BY ORDER OF THE GOVERNOR)
K.SHANMUGAM
ADDITIONAL CHIEF SECRETARY TO GOVERNMENT
Authority: http://www.tn.gov.in/
