TN 7CPC : Fixation Of Revised Pay & Pension In Respect Of Employees Drawing Higher Pay Based on Court Orders
© Government of Tamil Nadu 2017
FINANCE [Pay Cell] DEPARTMENT
G.O.Ms.No.303, Dated 11th October 2017
(Heyvilambi, Puratasi-25, Thiruvalluvar Aandu 2048)
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 –
Read the following:-
1. G.O.Ms.No.40, Finance (Pay Cell) Department, dated: 22-02-2017.
2. G.O.Ms.No.189, Finance (Pay Cell) Department, dated 27-06-2017.
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:-
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 torevised 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:
(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.