West Bengal Services (Revision of Pay and Allowance) Rules, 2009
The Government of West Bengal, Finance Department issued NA dated N.A. for West Bengal Services (Revision of Pay and Allowance) Rules, 2009. This order comes under the 5th Pay commission category and is published on the official Finance Department portal.
Government of West Bengal
FINANCE DEPARTMENT
AUDIT BRANCH
No.: (WBS-ROPA-Rules-Dated 23/02/2009).
GOVERNMENT OF WEST BENGAL
FINANCE DEPARTMENT
AUDIT BRANCH
West Bengal Services (Revision of Pay and Allowance) Rules, 2009,
Memorandum issued thereon and related orders.
The 23rd February, 2009
FOREWORD
The West Bengal Services (Revision of Pay and Allowance) Rules, 2009 and other notifications on revision of pay of Police personnel, Civil Defence personnel, staff and officers of the Public Service Commission, West Bengal as well as a Memorandum on the West Bengal Services (Revision of Pay and Allowance) Rules, 2009 and allied matters have been published in the extraordinary issue of Kolkata Gazette dated the 23rd February, 2009. Government has also issued orders sanctioning fresh instalments of Dearness Allowance with effect from the 1st April, 2009.
In this volume, the above-mentioned rules, notifications, memorandum and order have been compiled together for the benefit of all Heads of Offices and Drawing & Disbursing Officers.
DIPANKAR MUKHOPADHYAY
Principal Secretary to the
Government of West Bengal
Finance Department
No.: (WBS-ROPA-Rules-Dated 23/02/2009).
Government of West Bengal
Finance Department
Audit Branch
NOTIFICATION
No. 1690-F,
the 23rd February, 2009.
In exercise of the power conferred by the proviso to article 309 of the Constitution of India, the Governor is pleased hereby to make the following rules:-
Rules
1. Short title and commencement. – (1) These rules may be called the West Bengal Services (Revision of Pay and Allowance) Rules, 2009.
(2) They shall be deemed to have come into force on the first day of January, 2006.
2. Application. – (1) Save as otherwise provided by or under these rules, these rules shall apply to persons appointed to civil services and posts under the rule making control of the Government of West Bengal except members of All India Services, the West Bengal Judicial Service and members of the services to whom the University Grants Commission and the All India Council of Technical Education scales of pay apply.
(2) Unless specifically extended under express order of the Government, these rules shall not apply to –
(a) Subordinate executive staff of the Police Forces in West Bengal,
(b) Officers and staff of the West Bengal National Volunteer Force,
(c) Officers and staff of the West Bengal Legislative Assembly Secretariat,
(d) Officers and staff of the Public Service Commission, West Bengal,
(e) Officers and staff of the High Court at Calcutta,
(f) Government employees appointed on contract,
(g) Government employees not in whole time employment,
(h) Government employees paid otherwise than on a monthly basis, including those paid at piece-rates,
(i) Government employees who have retired in the afternoon of the 31st December, 2005, and
(j) Government employees re-employed after retirement.
3. Definitions. – (1) In these rules, unless the context otherwise requires, –
(a) “existing basic pay” means the pay drawn in the prescribed existing scale of pay, including stagnation increment(s), if any, but does not include any other type of pay;
(b) “existing scale”, in relation to a Government employee, means –
(i) the existing scale applicable to the post held by the Government employee or, as the case may be, the personal scale applicable to him on account of his advancement to a higher scale under specific or general orders of the Government as on the 1st January, 2006, whether in a substantive or officiating or temporary capacity, and
(ii) in the case of Government employee who was on the 1st January, 2006, 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, the scale of pay applicable to the post which he would have held but for his being on deputation or on foreign service or on leave or, as the case may be, but for his officiating in a higher post;
(c) “existing emoluments” mean the aggregate of –
(i) existing basic pay,
(ii) dearness pay appropriate to the basic pay, and
(iii) dearness allowance appropriate to the basic pay plus dearness pay at index average 536 (1982 = 100);
(d) “present scale”, in relation to any post specified in column (2) of Part D of Schedule I, means the scale of pay specified against that post in column (3) thereof;
(e) “pay in the pay band” means pay drawn in the running pay bands specified in column (5) of Part D of Schedule I;
(f) “grade pay” means a fixed amount corresponding to the pre-revised pay scales/posts;
(g) “revised pay structure”, in relation to any post specified in column (2) of Part D of Schedule I, means the pay band scale and grade pay specified against column (5) and column (6) of that Part, unless a different revised pay in the pay band and grade pay is notified separately for that post;
(h) “basic pay in the revised pay structure” means the pay drawn in the prescribed pay band plus applicable grade pay but does not include any other type of pay;
(i) “revised emoluments” means the pay in the pay band plus the grade pay of a Government employee in the revised pay structure and includes the revised non-practicing allowance, if any, admissible to him.
(j) “Schedule” means the Schedule appended to these rules.
(2) Words and expressions used but not defined in these rules shall have the same meanings as respectively assigned to them in the West Bengal Service Rules, Part I.
No.: (WBS-ROPA-Rules-Dated 23/02/2009).
4. Scale of pay of post. – From the date of commencement of these rules, the pay band and grade pay of every post specified in column (2) of Part D of Schedule I, shall be as specified in column (5) and column (6) respectively thereof.
5. Drawal of pay in revised pay structure. – Save as otherwise provided in these rules, every Government employee shall draw pay in the revised pay structure applicable to the post to which he is appointed:
Provided that a Government employee may elect to continue to draw pay in the existing scale until the date on which he earns his next or any subsequent increment in the existing scale or until he vacates his post or ceases to draw pay in that scale:
Provided further that in case where a Government employee has been placed in a higher pay scale between the period from 1st January, 2006 to the date of notification of these rules on account of promotion, upgradation of pay scales etc., such Government 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 I. – The option to retain the existing scale under the first proviso to this rule, shall be admissible only in respect of one existing scale.
Explanation II. – The aforesaid option shall not be admissible to any person appointed to a post on or after the 1st day of January, 2006, whether for the first time in Government Service or by transfer from another post and he shall be allowed pay only in the revised pay structure.
Explanation III. – Where a Government employee exercises the option under the provisos to this rule to retain the existing scale 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 scale under the existing rules or order applicable to that post, his substantive pay shall be the substantive pay which he would have drawn had he retained the existing scale 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 Schedule II so as to reach the authority mentioned in sub-rule (2) within three months of the date of publication of these rules in the Official Gazette:
Provided that –
(i) a Government employee, who on the date of publication of these rules in the Official Gazette, is on leave or 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) a Government employee, who is under suspension on the date of publication of these rules in the Official Gazette, shall exercise the said option within three months of the date of his return to his duty or within
Vide Memo No.: (WBS-ROPA-Rules-Dated 23/02/2009).
How to Access the Original Order:
The original PDF of Memo No. NA is available on the West Bengal Finance Department’s official website. You can download it directly from the link below:
FAQs for NA:
Q: What is Memo No. NA?
A: It is a Finance Department notification issued on N.A. related to the matter of West Bengal Services (Revision of Pay and Allowance) Rules, 2009, Department of West Bengal.
Q: Which department issued this order?
A: The Finance Department, Government of West Bengal, under the 5th Pay commission category.
Q: What is described on the order?
A: West Bengal Services (Revision of Pay and Allowance) Rules, 2009.
Q: Where can I find the original document?
A: The original PDF is available at the official Finance Department website: finance.wb.gov.in