ROPA, 2019 for Non Teaching Employees of Colleges and WBCSC

Government of West Bengal
Department of Higher Education
C. S. Branch
Bikash Bhavan, Salt Lake, Kolkata – 700091

No. 28-Edn(CS)/5P-42/1998(Pt-I) Date: 09-01-2020

MEMORANDUM

In view of the recommendation of the 6th Pay Commission constituted vide Resolution No. 8070-F(P) dated 27.11.2015 read with Resolution No. 8071-F(P) dated 27.11.2015, as accepted by the State Government, the Governor has been pleased to direct that the date of effect of the revised pay structure, the manner of fixation of pay in the revised pay structure and other conditions of service of the employees mentioned in para 2 below are set out below;

1. Date of effect

This Memorandum shall be deemed to have come into force on the 1st day of January, 2016 notionally with actual financial effect from 01.01.2020.

2. Application

(1) Save as otherwise provided by or under the provision of this memorandum, this memorandum shall apply to those regular employees of the following institutions or offices holding substantive/ officiating posts as on 01/01/2016 and whose pay and allowances are borne by the Government of West Bengal in the Higher Education Department.

(i) Non-teaching employees of state aided Non. Govt. Colleges including erstwhile sponsored colleges and Day students’ Homes employees.

(ii) Employees of the West Bengal College Service Commission.

(2) This memorandum shall not apply to-

(a) Employees appointed on contractual/ part-time basis,

(b) Employees not in whole time employment

(c) Employees who have retired in the afternoon of the 31st December, 2015 or earlier and employees re-employed after retirement.

3. Definitions

(1) In this memorandum, unless the context otherwise requires,-

(a) “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;

(b) “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 an employee on account of his advancement to a higher Pay Band/ Grade Pay under specific or general orders of the Government as on 1st day of January, 2016, whether in a substantive or officiating or temporary capacity, and

(c) “existing pay structure” means the present system of Pay Band and Grade Pay applicable to the post held by the employee as on the 1 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 band 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;

(d) “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.

(e) “Pay Matrix” means Matrix specified in Schedule-1, with levels of pay arranged in vertical cells as assigned to corresponding existing Pay Band and Grade Pay;

(f) “Level” in the Pay Matrix shall mean the Level corresponding to the existing Pay Band and Grade Pay as specified in Schedule-11;

(g) “pay in the Level” means pay drawn in the appropriate Cell of the Level as specified in Schedule-1;

(h) “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;

(i) “basic pay” in the revised pay structure means the pay drawn in the prescribed Level in the Pay Matrix;

(j) “revised emoluments” means the pay in the Level of an employee in the revised pay structure admissible to him.;

(k) “Schedule” means the schedule appended to this memorandum

4. Level of posts

From the date of commencement of this memorandum, 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 memorandum, 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 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 25.09.2019 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.

Explanation 1 – The option to retain the existing pay structure under the first proviso to this memorandum shall be admissible only in respect of one existing Pay Band or Grade Pay.

Note- An employee shall have no option to come under the revised pay structure from the date of any increment that fell after the date of promotion that took place between 01.01.2016 and 25.09.2019.

Illustration I- An employee got promotion on 18.10.2016. He is not eligible to exercise option to come under the revised pay structure on the date of increments on 01.01.2017 or 01.01.2018 or 01.07.2019. He is however, eligible to exercise such option with effect from 01.01.2016 or 01.07.2016 or 18.10.2016.

Illustration II- An employee got promotion on 07.04.2018 and got pay fixation benefit with effect from 01.07.2018. He is not eligible to exercise option with effect from 01.07.2019. He is eligible to exercise option with effect from 01.01.2016, 01.07.2016, 01.07.2017 or 01.07.2018.

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 the employee exercises the option under the proviso to this memorandum 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 rule or 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 paragraph 5 of this memorandum shall be exercised in writing in the form appended to Schedule III so as to reach the authority mentioned in sub- para (2) within three months of the date of publication of this memorandum.

Provided that- (i) in the case of an employee, who on the date of publication of this memorandum, 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 memorandum, 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 memorandum, whichever is later.

(2) The option shall be submitted by the employee to the Head of the Institute/ Head of Office, as the case may be

(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:-

(I) 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, as per schedule IV.

Illustration -1

Illustration -2

(II) If the minimum pay or the first cell in the applicable Level is more than the amount arrived at as per subclause (i) above, the pay shall be fixed at minimum pay or the first Cell of that applicable Level

(2) An employee 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 the date of actual effect of the revised emoluments.

(3) 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.

(4) Where the existing emoluments exceed the revised emoluments in the case of any Government employee, the difference shall be allowed as personal pay to be absorbed in future increases in pay.

(5) 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 to the same Cell in the revised pay structure as that of the junior.

(6) In the case where a senior an 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 fulfilment 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;

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 subject to the higher initials, where applicable, as indicated in Schedule-II.

Provided that where the existing pay of such employee appointed on or after the 1st day of January, 2016 and before the publication of this memorandum, 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.

Provided further that the pay of an employee, appointed to another post on or after the 1st day of January, 2016, through direct recruitment after applying with due permission of the appointing authority, shall be allowed protection of last pay drawn with the approval of Government for which each such case shall have to be referred to Finance Department through administrative department.

9. Increments in Pay Matrix

After fixation of pay in the appropriate Level in the Pay Matrix, the subsequent increment in the Level shall be at the immediate next higher Cell vertically arranged in that Level.

Illustration

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 6 (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.

Illustration

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 the case of non functional movement under CAS where 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 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 level or lower level than the Level he enjoying due to CAS, he will get one increment in the same level from the date of such promotion with date of next increment remaining unchanged.

12. Payment of arrears

Notwithstanding anything contained elsewhere in this memorandum, or in any other orders 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 the31st day of December, 2019, shall be paid to the employee.

13. 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 existing terms and conditions for drawing House Rent Allowance shall continue to apply.

14. Medical Allowance

The existing rate of Medical Allowance will be revised to Rs. 500/- per month in respect of employees with effect from 1st January, 2020 subject to condition that those who opted for any health scheme sponsored by the State Government are not entitled to such medical allowances.

15. Overriding effect of Memorandum

The provisions of this memorandum shall have effect notwithstanding anything contrary contained in any other rules, orders or notifications for the time being in force, and all such rules, orders and notifications shall have effect subject to the provisions of this memorandum.

16. Relaxation of Memorandum

Where the Government is satisfied that the operation of all or any of the provisions of this memorandum causes undue hardship in any particular case, it may, by order dispense with or relax the requirements of the same to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner.

17. Interpretation

If any question arises relating to the interpretation of any of the provisions of this memorandum it shall be referred to the Finance Department through Higher Education Department for decision.

This is issued with the concurrence of Finance Department vide their U.O. No. Group P1/2019-2020/0348 dated 08/01/2020

By order of the Governor,

Sd/- Manish Jain
Principal Secretary to the
Government of West Bengal

No. 28-Edn dated 09.01.2020, Source