ROPA Rules, 1998 for teaching and non-teaching staffs

Re: Copy of ROPA Rules,1998 for teaching and non-teaching st
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GOVERNMENT OF WEST BENGAL
School Education Department
Budget Branch
No. 25-SE -1M-102/98, Dated, Calcutta, the 12th Feb, 1999.
MEMORANDUM
In Finance Department Resolution No. 11831 -F, dated, the 27th November, 1995 the Government constituted a Pay Commission with terms of reference which included that the Commission would also examine the structure of emoluments and conditions of service of the
(a) Teaching and non-teaching employees of Government sponsored or aided—
(i) Schools upto Class-XII standard,
(ii) Training Institutions of Primary Teachers,
(b) Employees of District Primary School Councils including Siliguri Sub-divisional Primary School Council and Darjeeling (Hill Areas) District School Board,
(c) Employees of the West Bengal Board of Primary Education,
(d) Employees of the West Bengal Madrasah Education Board with due regard to the financial resources of the State Government.
After careful consideration of the recommendations of the Pay Commission in regard to the scales of pay, age of superannuation, retirement benefits and other terms and conditions of service, the Governor is pleased to direct that for all categories mentioned above all but scale numbers 4 to 15 as recommended by the Pay Commission at pp 75-76 of Volume I, Part I of its Report and Scale numbers 4 to 15 with some modifications for improvement shall be adopted. The revised pay scales (details of which have been shown in Annexure-III) to be prescribed for different posts/cadres/employees shall correspond to the pay scales prescribed earlier for such post/cadres/employees (hereinafter referred to as existing scales, details of which have been shown in Annexure-II), by G. O. No. 33-Edn. , dated the 7th March, 1990 as amended from time to time and other subsequent orders issued on the subject.
The Governor is also pleased to direct that the date of effect of the Revised Scales; the manner of fixation of pay in the revised scales and other conditions of service of employees shall be as set out in the following paragraphs :
1. Date of Effect
(1) The revised scales of pay shall be notionally effective from the 1st January, 1996 as recommended by the Pay Commission.
(2) The pay and allowances of an employee which may be admissible to him in consequence of revision of pay shall be actually paid with effect from the 1st April, 1997.
(3) Mode of Drawal of Arrears of Pay :
The arrears of pay to which an employees may be entitled in respect of the period from the 1st April, 1997 to 31st October, 1998 shall be paid by crediting the same to his Provident Fund Account. The amount so credited shall not be taken into account for the purpose of temporary advance or withdrawal from the Provident Fund till the 31st October, 2001. These restrictions shall not, however, be applicable in the case of final withdrawal from the Provident Fund Account of an employees who will retire on any date between the date of issue of this memorandum and the 31st October, 2001.
An Employee who retired after the 31st March, 1997 but before the issue of this memorandum, shall receive the arrears of pay to which he may entitled, in cash. An employee who retired on any date between the 1st January, 1996 and the 31st March, 1997 shall not received any arrears of pension in respect of the period upto the 31st March, 1997.
2. Special pay
There shall be no special pay along with pay in the revised pay scale.
3. Definitions
In this order, unless there is anything repugnant to the subject or context—
(a) ‘Annexure’ means an Annexure to this order.
(b) ‘Basic Pay’ means the grade pay now drawn excluding special pay, qualification pay, personal pay, dearness pay, administrative pay and other categories of pay, if any.
(c) ‘Existing Emoluments’ means the aggregate of—
(i) basic pay in the existing scales ;
(ii) special pay, if any, no special pay being retained in addition to pay in the revised scales ;
(iii) dearness allowances appropriate to the basic pay admissible at All India Consumer Price Index average 1510 (1960 = 100) ;
(iv) the amount of first instalment of interim relief of Rs. 100/- per month, and
(v) the amount equivalent to the second instalment of the interim relief at the rate of 10% of basic pay.
(d) ‘Existing Scale’ means—
(i) in relation to any post, the scale of pay shown against that post in column (3) of Annexure-V and VI.
(ii) in relation to an employee, the scale of pay to which the employee was entitled on the 1st January, 1996 in terms of Government Order No. 33—Edn. , dated the 7th March, 1990 and any other order or orders which might have been issued in this regard.
(e) ‘Employees’ means a member of the teaching and non-teaching staff of the non-Government/ Sponsored/ Aided educational institutions and other organisations as mentioned in Annexure-I who has opted for the scale of pay as revised in terms of Government Order in Memo No. 33-Edn. , dated 7.3.90 and who is enjoying that scale of pay on the 1st January, 1996.
(f) ‘Para’ means a paragraph of this order.
(g) ‘Revised Scale in relation to a post’ means the scale of pay shown against that post in column (4) of Annexures-V and VI.
(h) ‘Revised Scale corresponding to an existing scale’ means the scale of pay shown against that existing scale in Annexure-IV.
4. Scale of Pay of Post
(1) From the 1st January, 1996, the revised scale of pay of every post in the institutions and organisations as mentioned in Annexure-I except the teaching and non-teaching posts in Government sponsored/aided recognised institutions upto Class-XII standard shall be as specified against it in column (4) of Annexure-V.
(2) The scales of pay of the teaching and non-teaching posts in the Government sponsored/aided recognised institutions upto Class-XII standard shall be as specified against such posts in column (4) of Annexure-VI.
5. Drawal of Pay in the revised Scales
Save as otherwise provided in this order, an employee shall draw pay in the revised scale applicable to the post to which he is appointed.
Provided that an employee who was in service on the 31st December, 1995 and who opts to come over to the revised scale of pay may elect to draw pay in the revised scale from any date between the 1st January, 1996 and the 1st January, 1997, both days inclusive, and continue to draw pay in the existing scale prior to that date. On electing to draw pay in the revised scale, such an employee shall draw pay in the revised scale corresponding to his existing scale.
6. Option
(1) The option under the provision to para 5 shall be exercised within one hundred and eighty days from the date of issue of this order.
(2) A teacher or a non-teaching employee of a Government Aided/Sponsored Educational Institution who was in service on the 31st December, 1995 and who did not retire on the afternoon of that day may at his discretion, retain his existing scale of pay (as is applicable to him on the 1st January, 1996) upto the 1st January, 1997.
(3) The option once exercised shall be final.
Note 1 : The aforesaid option shall not be admissible to any employee appointed to a post on or after the 1st January 1996 for the first time in service. Such an employee shall draw pay is the revised scale of pay of the post with effect from the date of his appointment.
Note 2 : The aforesaid option shall be applicable only in respect of the existing scale of the employee as on the 1st January, 1996. If the employee has got appointment to a higher scale of pay with effect from any date prior to the 1st January 1997, he may exercise option to come over to the revised scale corresponding, to his existing scale (as on the 1st January, 1996) from a date not later than the date with effect from which he got appointment to the higher scale.
Note 3 : An employee, who on the date of issue of this memorandum is on leave or on deputation or on foreign service, shall exercise the said option in writing so as to reach the Head of the Office/ Institution within one hundred and eighty days from the date of his return from such leave or deputation or foreign service.
Note 4 : An employee, who is under suspension on the date of issue of this memorandum, shall exercise the said option so as to reach the Head of Office/ Institution within one hundred and eighty days from the date of his return to duty/reinstatement.
Note 5 : If an employee, who was in service on the 31st December, 1995 and to whom this order applies, does not exercise option under the proviso to para 5 of this order, shall be deemed to have elected to be governed by the revised scales of pay with effect from the 1st January, 1996.
Note 6 : An employee, who died on or after the 1st January, 1996, and could not exercise option within the prescribed time limit shall be deemed to have exercised option for the revised scale of pay from the 1st January, 1996, or from such subsequent date as is considered most beneficial to him. Note 7 : The form in which option shall be exercised has been set out in Annexure—VII.
7. Fixation of initial pay in the revised scale of pay
The initial pay of an employee who elects to draw pay in the revised scale of pay from any date between the 1st January, 1996 and 1st January, 1997, or who is deemed to have elected under note 5 and note 6 below para 6 to be governed by the revised scale of pay on and from the 1st January, 1996 shall, unless in any case the Governor by special order directs otherwise, 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 had his lien not been suspended, and in respect of his pay in the officiating post held by him in the following manners, namely :
(i) an amount representing 40 per cent of the basic pay in the existing scale including stagnation increments, if any, shall be added to the existing emoluments of the employee ;
(ii) after the existing emoluments have been so increased, the pay shall be fixed in the revised scale at the stage next above the amount thus computed ;
Provided that—
(a) if the minimum of the revised scale is higher than the amount so arrived at, the pay shall be fixed at the minimum of the revised scale ;
(b) if the amount so arrived at is higher than the maximum of the revised pay scale, the pay shall be fixed at the maximum of the revised scales the balance remaining as personal pay to be adjusted against stagnation increment as and when it becomes due ;
Provided further that subject to the other provisions contained in this order, the personal pay so determined and remaining after absorption of a portion of it in stagnation increments, shall be treated as an element of basic pay for the purpose of fixation of pay on promotion/ appointment of the employee to higher post or advancement to higher scale.
Explanation : For the purpose of this clause, the term ‘existing emoluments’ shall
mean the existing emoluments as defined in clause (c) of para 3 of this order.
Note : (a) For the purpose of fixation of pay under this para, every employee, who held before the 1st January, 1996, a post substantively and other post or posts on officiating basis, shall exercise option in the appropriate form set out in Annexure-VII for fixation of initial pay separately in the revised scale of pay of the substantive post and also in the revised scale of pay of the officiating post. If the number of officiating posts hold by the employee is more than one, he shall exercise option for fixation of initial pay in the revised scale in respect of the last officiating post.
(b) If, upon the fixation of pay under this para, the initial pay of an employee fixed in the revised scale of pay of the substantive post becomes either equal to or higher than, the pay fixed in the revised scale of the officiating post his initial pay in the revised scale of the officiating post shall be refixed at the stage next above the pay fixed in the revised scale of the substantive post.
Note 1 : The pay of an employee, who has been appointed/promoted to a higher post in a higher scale of pay or has got advancement to a higher scale, on or after the 1st January, 1996, shall be fixed under this para with reference to the lower post/scale of pay and then his pay shall be fixed in the revised scale of pay of the higher posts or revised scale of pay corresponding to the existing higher scale of pay as the case may be, under normal rules.
If the pay of an employee who was getting more pay in a particular scale than other employee before revision of pay in accordance with these Rules gets fixed at a lower stage of the corresponding revised scale than that of the latter only as a result of operation of these Rules and for no other reason, the pay of the former shall be stepped upto that of the latter.
Note 2 : In the case of an employee, who elects, or is deemed to have elected under note 6 below para 6 to draw pay in the revised scale of pay with effect from the 1st January, 1996, when the normal date of increment in the existing scale of pay is also the 1st January, 1996, the increment in the existing scale of pay shall be drawn first and thereafter the pay of the employee shall be fixed in the revised scale of pay under these rules.
Note 3 : Where an employee, who was in receipt of personal pay on the 1st January, 1996, which together with his existing emoluments as defined in clause (c) of para 3 exceeds the pay fixed in the revised scale of pay the difference representing such excess shall be allowed to the employee as personal pay to be absorbed in future increases of pay.
8. Date of Increment in the revised scale
The next increment in the revised scale of pay of an employee, whose pay has been fixed in the revised scale under para 7, shall be granted after completion of twelve months of qualifying service from the date of fixation of initial pay in the revised scale of pay.
9. Stagnation increment
An employee, whose pay has been fixed in the revised scale of pay and who reaches the maximum of the scale, shall draw annual increment for stagnation beyond the maximum of the scale at the same rate at which it was last drawn subject to a maximum of six such increments.
10. House Rent Allowance
With effect from the 1st January, 1996, or, the date with effect from which an employee elects to draw pay in the revised scale, whichever is later. House Rent Allowance at the rate of 15% of his basic pay in the revised scale, subject to a maximum of Rs. 2000/- per month shall be admissible to the employee irrespective of his place of posting. Where both husband and wife draw house rent allowance the ceiling of House Rent Allowance to be drawn by husband and wife together shall be Rs. 2000/- per month. This allowance may be drawn, without reference to the quantum of rent paid by all employees without requiring them to produce rent receipt. They should, however, be required to furnish a declaration to the effect that they are incurring some expenditure on rent/ contribution towards rent. House Rent Allowance at the above rate shall also be paid to the employees living in their own houses, subject to their furnishing a declaration to the effect that they are paying/contributing towards house or property tax or maintenance of the house.
11. Medical and Other Allowances
Medical and other allowances, not specifically covered in this order, shall continue to be drawn with pay in the revised scales, the amount of such allowances remaining the same.
12. Career Advancement Scheme and related issues
(1) An employee whose pay is fixed in any of the revised scales of pay shown in serial numbers 1 to 12 of Annexure – III and who has not got a single promotion/advancement to a higher scale in the same post even after completion of 18 years’ continuous and satisfactory service shall be placed in the next higher scale of pay his designation remaining unchanged. This benefit of next higher scale of pay shall also be admissible to an employee having break-in-service, if the total period of his service excluding the period of break-in-service is not less than 18 years provided the break is condoned. The pay of such an employee in the next higher scale shall be fixed at the stage next above the pay fixed in the revised scale of pay of his posts the date of his increment remaining unchanged and same as in the lower revised scale of pay.
(2) All teaching and non-teaching employees of Government Sponsored/ Aided Institutions shall be entitled to an additional increment in the
revised scales for every 10 years of continuous and satisfactory service, counted from the date of first appointment to the post, subject to maximum of two such increments, in addition to the benefits which may be admissible under sub-para (1) of this paragraph.
(3) All teachers, including Physical Education Teachers and Librarians of Secondary Schools who have improve their, qualifications who were appointed with higher qualification in the subjects or group relevant to their teaching/appointment shall get higher scale of pay appropriate to their qualification, with effect from the 1st January, 1996 or the date of improving qualifications whichever is later.
(4) Untrained Secondary School teachers shall be allowed annual increments in the revised scale of pay on condition that such untrained teachers will have to get themselves trained within five years from the date of appointment. An untrained teacher or a recognised Secondary School or a Madrasah of the secondary type with ten years’ teaching experience in recognised schools/ Madrasah shall be treated as a trained teacher for the purpose of drawal of increment in the scale applicable to the teacher concerned with effect from the date on which the condition of teaching experience is fulfilled. Such a teacher shall be eligible to draw the increment on completion of one year’s service from the date on which the above condition is fulfilled.
(5) Secondary teachers Headmasters/Headmistresses with Doctorate Degree in the subject taught or in an allied subject shall get two additional increments from the date of the convocation on which such degree is awarded.
Provided that those who obtained this degree prior to the date of coming over to the revised scale shall get two additional increments from the date with effect from which they elect to draw pay in the revised scales, provided that they have not already got such additional increments in the earlier pay-revision and provided further that in the latter case, pay should be fixed at least at the third stage of the relevant scale of pay.
13. The teaching and non-teaching employees of aided/sponsored educational institutions who will opt for the revised scales of pay shall be allowed to enjoy pensionary benefit including dearness relief at per with the State Government Employees. Maximum amount of gratuity shall be raised from Rs. 60,000/-to Rs. 2,50,000/- (Rupees Two lakhs fifty thousand only).
14. This order issues with the concurrence of the Finance Department vide their U.O. No. Group P (Service) No.-327 dated 10.02.99 and U.O. No. 48 Group B Dated 12.02.99.
By order of the Governor
Sd/- N. Das
Secretary to the Government of West Bengal.

Thank you so much for providing this G.O. Once I received this request from Dr. Majumdar through email. As the same was not available with me, I asked him to join this forum and put his request. Now I am very happy to see that.

@ nemo
In reciprocation, I express my heartfelt gratitude to you for the commendable task! However, I am more keen to go through the Clause 5 of Rule 16 under CAS laid down in ROPA 1998, in terms whereof, an Asst. Teacher (Hons/PG) has a legitimate claim for additional increments on obtainment of Ph.D. degree. This is what commented by the Jt. Secy. in his letter dated 01.09.2011, addressed to the Dir. of School Educn. (as referred to in the H.C. verdict delivered in the case of Moniruzzaman).
Looking forward! Pls react, if convenient.

Is there any Government Order related with Career Advancement Scheme of Non Teaching Staffs of West Bengal Government Sponsored Autonomous University, please let me know