West Bengal Services (ROPA), 2019 under School Education

GOVERNMENT OF WEST BENGAL
SCHOOL EDUCATION DEPARTMENT
PLANNING & BUDGET BRANCH

No. 437-SE(P&B)/SL/5S-408/19 Date: 13.12.2019

MEMORANDUM

In view of the recommendations 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 accepted by the 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 in the following other paragraphs.

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 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 School Education Department.

(a) Teaching and non-teaching staff of recognised aided Government Sponsored or aided Schools upto class XII standard:

(b) Teaching and non-teaching staff of recognised aided Training Institutions for Primary Teachers;

(c) Employees of District Primary School Councils including Kolkata Primary School Council, Siliguri Sub-Divisional Primary School Council and Darjeeling (Hill Areas) District School Board: and

(d) Employees of West Bengal Board of Primary Education.

(2) This Memorandum shall not apply to –

(a) Employees of the DA getting Secondary and DA getting Primary Schools,

(b) Part-time Teachers,

(c) Para Teachers,

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

(e) Employees/ Teachers not in whole time employment.

(f) Employees/ Teachers who have retired in the afternoon of the 31st December, 2015 or earlier and

(g) Employees/ Teachers re-employed after retirement.

3. Definitions

(1) in this Memorandum, unless the context otherwise requires.

(a) “Annexure” means the annexures I to III as appended to this Memorandum;

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

(c) “employee” means a member of teaching and non-teaching staff of the recognized/ Sponsored nongovernment aided educational institutions and other organizations as mentioned in para 2(1) above:

(d) “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;

(e) “existing Pay Band and Grade Pay” means the running Pay Band and the Grade Pay applicable to the post held by an employee on substantive/ officiating/ temporary capacity as on 1st day of January, 2016;

(f) “existing pay structure” means the present system of Pay Band and Grade Pay applicable to the post held by the employee on substantive/ officiating/ temporary capacity as on 1st day of January, 2016;

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:

(g) “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;

(h) “Pay Matrix” means Matrix specified in Annexure-I with levels of pay arranged in vertical cells as assigned to corresponding existing Pay Band and Grade Pay;

(i) “Level” in the Pay Matrix shall mean the Level corresponding to the existing Pay Band and Grade Pay as specified in Annexure -I;

(j) “pay in the Level” means pay drawn in the appropriate Cell of the Level as specified in Annexure-I;

(k) “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;

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

(m) “substantive post” means Govt. sanctioned post either permanent or additional irrespective of retention.

4. Level of post

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 increment 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:

Provides further that in cases where an employee has been placed in a higher Pay Band and or higher Grade Pay by way of promotion or upgradation as per provisions of ROPA-2009 or as per Government decisions between 1st day of January, 2016 and 25th September, 2019 may elect to switch over to the revised pay structure from the date of such upgradation or promotion 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.

Explanation 2 – The aforesaid option shall not be admissible to any employee appointed to a post on or after the 1st day of January, 2016 by way of direct recruitment and he shall be allowed pay only in the revised pay structure from the date of such appointment.

Provided that the primary school teachers who joined service on and after 01.01.2016 but prior to 01.08.2019 will be allowed to come under the revised pay structure with effect from the date of up-gradation of their pre-revised pay structure which is 01.08.2019.

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 order applicable to the post, his substantive pay shall be the 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 Annexure-II 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. The Head of the Institute shall submit his option to the President of the Managing Committee/ Administrator and in absence of valid Managing Committee or Administrator the option is to be submitted to the concerned ADI or Al/S, as the case may be. The Head of the institute of PTTI shall submit his option to the District Inspector of Schools (PE) concerned.

(3) If the option is not received by the Head of the Institute/Head of 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 1:- 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.

Continue: No. 437-SE dated 13.12.2019