HRBC Services (Revision of Pay and Allowance) Order, 2019
GOVERNMENT OF WEST BENGAL
TRANSPORT DEPARTMENT
Paribahan Bhawan
12, R.N. Mukherjee Road, Kolkata-700001
No. 562-WT/TR/O/11E-03/19 Date: 13.01.2020
MEMORANDUM
In Finance Department Resolution no. 8071-F(P) dated the 27th November, 2015 the Government constituted a Pay Commission with terms of reference which included that the Commission would also examine the structure of emoluments and condition of service of the employees of the Hooghly River Bridge Commission, (HRBC).
After careful consideration of the recommendations of the Pay Commission in regard to the structure of pay and other terms and conditions of service, the Governor is pleased to direct that the recommendations of the Pay Commission as accepted by the State Govt shall be applicable for the employees of HRBC to the extent as set out below.
1. Title
These may be called as HRBC Services (Revision of Pay & Allowance) Order, 2019.
2. Date of effect
The revised pay structure shall notionally be effective from the 1st January, 2016 and with actual effect from 1st January, 2020.
3. Definitions
(1) In this order, unless the context otherwise requires, –
(a) “Employee” means a whole time and regular employee of HRBC;
(b) “Existing basic pay” means the pay drawn in the prescribed existing Pay Band and Grade Pay but does not include any other type of pay;
(c) “Existing Pay Band and Grade Pay” means the running Pay Band and the Grade Pay applicable to the post held by the employee or, as the case may be, the personal scale applicable to such employee on account of his advancement to a higher Pay Band/ Grade Pay under specific or general orders as on. 1st day of January, 2016, whether in a substantive or officiating or temporary capacity.
(d) “Existing pay structure” means the present system of Pay Band and Grade Pay applicable to the post held by the employee as on the 1st day of January, 2016 whether in a substantive or officiating capacity or the Pay Band and Grade Pay as personal scale applicable to him on account of advancement to higher Pay Band/ Grade Pay.
Explanation.- the expressions “existing basic pay” and “existing Pay Band and Grade Pay” in respect of an employee, who was on the 1st day of January, 2016, on deputation or on foreign service or on leave 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 ban and Grade pay applicable to the post which he would have held but for his being on deputation or on foreign service or on leave or officiating in a higher post.
(e) “Existing emoluments” means the sum of existing basic pay and existing dearness allowance allowed to the basic pay as on 1st day of January, 2016.
(f) “Pay Matrix” means the Matrix specified in Annexure-I with levels of pay arranged in vertical cells as assigned to corresponding existing Pay Band and Grade Pay.
(g) “Level” in the Pay Matrix shall mean the Level corresponding to the existing Pay Band and Grad Pay as specified in Annexure-II.
(h) “Pay in the Level” means pay drawn in the appropriate Cell of the Level as specified in Annexure-I and Annexure-II.
(i) “Revised pay structure” means the Pay Matrix and the Level specified therein corresponding to the existing Pay Band and Grade Pay of the post unless a different revised level is notified separately for the post
(j) “Basic pay” in the revised pay structure means the pay drawn in the prescribed Level in the Pay Matrix.
(k) “Revised Emoluments” means the pay in the Level of an employee in the revised pay structure.
(l) “Schedule means schedule annexed to this order.
(m) “Para” means a paragraph of this order.
(2) Words and expressions used but not defined in these rules shall have the same meanings as respectively assigned to them in the West Bengal Service Rules, Part-1.
4. Level of posts
From the date of commencement of this order 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. Drawal of pay in the revised pay structure
Save as otherwise provided in this order, an employee shall draw pay in the Level in the revised pay structure applicable to the post which he is holding as on 01.01.2016 or to which he is appointed on or after 1st day of January, 2016.
Provided that an employee 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 till 25.09.2019 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 an employee has been placed in a higher Grade Pay between 1st day of January, 2016 and 25th September, 2019 on account of promotion or upgradation, the employee may elect to switch over to the revised pay structure from the date of such promotion or upgradation as the case may be.
Note: An employee will have no option to come under the revised pay structure from the date of any subsequent increment that fell due after any promotion during the period from 01.01.2016 to 25.09.2019.
Illustration-I: An employee got promotion/ advancement on 18.09.2016. He is not eligible to exercise option to come under the revised pay structure from the date of increment on 01.07.2017 or 01.07.2018 or 01.07.2019. He is, however, eligible to exercise such option w.e.f 01.01.2016 or 01.07.2016 or 18.09.2016.
Illustration-II: An employee got promotion/ advancement on 12.03.2017 and got pay fixation benefit on 01.07.2017. He is not eligible to exercise option to come under the revised pay structure from the date of subsequent increment on 01.07.2018 or 01.07.2019. He is, however, eligible to exercise such option w.e.f 01.01.2016 or 01.07.2016 or 01.07.2017.
Explanation 1 – The option to retain the existing pay structure under the first proviso to this Para shall be admissible only in respect of one existing Pay Band or Grade Pay.
Explanation 2 – The aforesaid option shall not be admissible to any person appointed to a post on or after the 1st day of January, 2016, whether for the first time in service or by transfer from another post and he shall be allowed pay only in the revised pay structure.
Explanation 3 – Where an employee exercises the option under the proviso to this para to retain the existing pay structure in respect 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 under the existing order applicable to the 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 para 5 shall be exercised in writing in the form annexed to Schedule III so as to reach the authority mentioned in sub-para 2 within three months of the date of publication of this order.
Provided that – (i) in the case of an employee, who on the date of publication of this order, is on leave or on deputation or on foreign service, the said option shall be exercised in writing so as to reach the said authority within three months of his return from such leave or deputation or foreign service, as the case may be; and
(ii) Where an employee is under suspension on the date of publication of this order, the option may be exercised by him within three months of the date of his return to his duty or within three months of the date of publication of this order, whichever is later.
(2) The option shall be submitted by an employee to the Head of his Office.
(3) If the option is not received by the Head of his Office within the time specified in sub-para (1), the employee 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 – An employee, who died on or after the 1st day of January, 2016 and could not exercise the option within the prescribed time limit, shall be deemed to have opted for the revised pay structure on and from the 1st day of January, 2016 or from such subsequent date as is considered most beneficial to him, if he was alive.
7. Fixation of initial pay in the revised pay structure
(1) The initial pay of an employee who elects, or is deemed to have elected under para 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, namely:-
(a) in the case of all employees,
(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 in 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 sub-para (i) above, the pay shall be fixed at minimum pay or at the first Cell of that applicable Level.
(2) An employee 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.
(3) Where the existing emoluments exceed the revised emoluments in the case of any employee, the difference shall be allowed as personal pay to be absorbed in future increases in pay.
(4) Where in the fixation of pay under sub-para (1) the pay of an employee, who, in the existing pay structure was drawing more pay than another employee junior to him in the same grade in the same cadre immediately before the 1st day of January, 2016, gets fixed in the revised pay structure in a Cell lower than that of such junior, his pay shall be stepped up with the approval of the Government to the same Cell in the revised pay structure as that of the junior.
(5) In the case where a senior employee 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 employee 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 the approval of the Government with effect from the date of promotion of the junior employee subject to the fulfillment of the following conditions, namely:-
(a) Both the junior and the senior employees 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 should be identical;
(c) The senior employee at the time of promotion was drawing equal or more pay than the junior;
(d) The anomaly should arise directly as a result of the application of the provisions of this order or any other order regulating fixation of pay on such promotion in the revised pay structure:
Provided that if the junior employee was drawing more pay in the existing pay structure than the senior by virtue of any advance increment(s) granted to him, the provisions of this sub-para shall not be applicable to step up the pay of the senior employee.
(6) Where employee is in receipt of personal pay on the 1st day of January, 2016, which together with his existing emoluments exceeds the revised emoluments, the difference representing such excess shall be allowed to such employee as personal pay to be absorbed in future increases of the pay.
(7) Subject to provisions of para 5, if the pay as fixed in the officiating post under sub-para(1) is lower than the pay fixed in the substantive post, the former shall be fixed at the same stage as the substantive pay.
8. Fixation of pay in the revised pay structure in respect of an employee appointed as fresh recruits on or after 01.01.2016
The pay of employees appointed by direct recruitment on or after the 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 as indicated in Schedule-II.
Provided that where the existing pay of such an employee appointed on or after the 1st day of January, 2016 and before the publication of this order, has already been fixed in the existing pay structure and if his existing emoluments happen to exceed the minimum pay in the revised pay structure as applicable to the post to which he is appointed on or after the first day of January, 2016, such difference shall be treated to be personal pay to be absorbed in future increments in pay.
9. Increments in Pay Matrix
After fixation of pay in the appropriate Level in the Pay Matri the subsequent increment in the Level shall be at the immediate next higher Cell vertically arranged in that Level.
10. Date of next increment in revised pay structure
In respect of all employees, there shall be a uniform date of annual increment, as existing now and such date of annual increment shall be the 1st day of July of every year.
Note: In the case of employees completing six months and above in the revised pay structure as on 1st Day of July, shall be eligible to be granted increment.
11. Fixation of pay on promotion on or after the 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: –
(i) 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.
Note 1:- An employee may have option to get his pay fixed either from the date of promotion or from the date of next increment
(a) In case the employee opts to get his pay fixed from the date of promotion, his pay in the promotion post shall be fixed under the provisions of this para and his next increment will fall due on the 1st July on completion of at least six months from the date of such promotion.
(b) In case the employee opts to get his pay fixed from the date of increment, then on the date of promotion his pay shall initially be fitted 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 and such pay shall finally be re-fixed under the provisions of this para after accrual of increment in the lower post The next increment shall, however, fall due on the next 1st July.
Note 2:-
(a) In case of non functional movement under CAS when an employee is moved to next higher Level on completion of 10 years or 20 years of service, his pay shall be fixed as per Note 1 above except the interim pay fixation benefit from the date of entitlement when the employee opts to get his pay fixed from the date of increment
(b) In case of an employee has got only one promotion to a post carrying pay Level equal to 2nd higher Level or above before completion of 20 years of service, he will, on completion of 20 years of service, get one increment in the same Level with date of next increment remaining unchanged.
(c) In case an employee has got promotion (functional) to a post carrying same or lower Level than the Level he is enjoying due to CAS, he will get one increment in the same Level from the date of promotion with date of next increment remaining unchanged.
12. Payment of arrears
Notwithstanding anything contained elsewhere in this order, or in any other order for the time being in force, no arrears of pay to which an employee may be entitled in respect of the period from the 1st day of January, 2016 to the 31st day of December, 2019, shall be paid to the employee.
13. Classification of employees
From the date of commencement of these rules, Government servants shall be classified as Category A, Category B, Category C and Category D in the following manner
(i) Category A – employees holding all posts in the Pay Level 12 and above.
(ii) Category B – employees holding all posts in the Pay Levels 8 to 11
(iii) Category C – employees holding all posts in the Pay Levels 3 to 7.
(iv) Category D – employees holding all posts in the Pay Levels 1 and 2.
14. House Rent Allowance
With effect from the 1st January, 2020, the house rent allowance admissible to an employee shall be 12% of his revised basic pay, subject to a maximum of Rs. 12,000/- per month. The ceiling of house rent allowance drawn by husband and wife together shall also be raised to Rs. 12,000/- per month.
The term basic pay in the revised pay structure means the pay drawn in the prescribed pay Level in the Pay Matrix and does not include any other type of pay.
The existing terms and conditions of drawl of house rent allowance by an employee living in their own house or in a rented house shall continue to apply.
Subject to continuance of the existing terms and conditions regulating drawl of house rent allowance by the employees provided with accommodation owned/ hired by the authority and recovery of fixed rent/license fee from them, the existing terms and conditions in respect of such category of employees shall be applicable:-
15. Medical Allowance
The existing rate of Medical Allowance will be revised to Rs. 500/-per month in respect of all employees with effect from 1st January, 2020.
16. Other Allowances
All other allowances shall continue as drawn with the exiting amount as drawn as on the date of issue of this order for revised pay till such time the allowances are revised . Employees joining service after issue of this order shall also draw the existing.
This order is issued with the concurrence of the Finance Department vide their U.O. no. GroupP1/2019-2020/0335 dated 02.01.2020 Group ‘P1’ prescribing the pay structure for the employees of HRBC as envisaged u/s 7 of the HRB Act, 1969.
By the order of the Governor,
Secretary to the
Government of West Bengal