5. Drawal of
pay in the revised pay structure.– Save as otherwise provided in these
rules, a Government servant shall draw pay in the Level in the revised pay
structure applicable to the post to which he is appointed:
Provided that a
Government servant 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 a Government servant has been placed in a higher
grade pay or scale between 1st day of January, 2016 and the date of notification
of these rules on account of promotion or upgradation, the Government servant
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 provisos to this
rule shall be admissible only in respect of one existing Pay Band and Grade Pay
or scale.
Explanation 2.- The aforesaid
option shall not be admissible to any person appointed to a post for the first time
in Government service or by transfer from another post on or after the 1st day
of January, 2016, and he shall be allowed pay only in the revised pay
structure.
Explanation 3.- Where a
Government servant exercises the option under the provisos to this rule to
retain the existing pay structure 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 Fundamental Rule 22, or under any other rule or order applicable to that
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 rule 5 shall be exercised in writing in the form appended
to these rules so as to reach the authority mentioned in sub-rule(2) within
three months of the date of notification of these rules or where any revision
in the existing pay structure is made by any order subsequent to the date of
notification of these rules, within three months of the date of such order:
Provided that-
(i) in the case of a Government
servant who is, on the date of such notification
or, as the case may be, date of such order, out of India on leave or deputation or foreign service or
active service, the said option shall be
exercised in writing so as to reach the said authority within three months of the date of his taking charge of his
post in India; and
(ii) where a Government servant is
under suspension on the 1st day of January,
2016, the option may be exercised within three months of the date of his return to his duty if that date is
later than the date prescribed in
this sub-rule.
(2) The option shall be intimated by the Government servant to the Head of his Office along
with an undertaking, in the form appended to these rules.
(3) If the
intimation regarding option is not received by the authority within the time
specified in sub rule(1), the Government servant 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: Persons whose
services were terminated on or after 1st January, 2016 and who could not
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, shall be entitled to exercise option under sub-rule (1).
Note 2: Persons who
have died on or after the 1st day of January, 2016 and could not exercise the
option within prescribed time limit are deemed to have opted for the revised
pay structure on and from the 1st day of January, 2016 or such later date as is
most beneficial to their dependents if the revised pay structure is more
favorable and in such cases, necessary action for payment of arrears shall be
taken by the Head of Office.
Note 3: Persons who
were on earned leave or any other leave on 1st day of January, 2016 which
entitled them to leave salary shall be entitled to exercise option under
sub-rule (1).
CLICK HERE to download Revised Pay Rules - 2016.
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