West Bengal Services (Revision of Pay and Allowance) Rules, 2019 [Ropa Rules]

Government of West BengalWest Bengal Bengal derived its name from Vedic king Vanga (Son of Vali). Banga was part of the Magadha Kingdom of Jarasandha and later Nanda dynasty. After the Garuda Dynasty ( history lost) the region was named Gouda Bhumi. Districts North 24 Parganas South 24 Parganas Bankura Birbhum CoochBihar Dakshin Dinajpur Darjeeling Hooghly Howrah Jalpaiguri Jhargram Kalimpong Kolkata Malda Murshidabad Nadia Paschim Burdwan Purba Burdwan Paschim Medinipur Purba Medinipur Purulia Uttar Dinajpur Alipurduar Govt Site Calcutta High Court KMC

Finance Department

Audit Branch

NOTIFICATION

No. 5562–F the 25th September, 2019–In exercise of the powerPower The amount of energy transferred or converted per unit of time. In the International System of Units, the unit of it is the watt, equal to one joule per second. The capacity of energy infrastructure is rated using watts, which indicate its potential to supply or consume energy in a given period of time. A Power-plant rated at 100 MW has the potential to produce 100 MWh if it operates for one hour. conferred by the proviso to article 309 of the Constitution of IndiaConstitution of India भारतस्य संविधानम्: 1950 ∫ वयं भारतस्य जनाः (3) मौलिक अधिकार: (Fundamental Rights) > (4) राजनैतिकनीतेः निर्देशात्मकसिद्धान्ताः (Directive principles)> (5) The Union > (6) The States> (11) संघस्य च सम्बन्धाः राज्यम् (Union-State Relation)> (15) निर्वाचनम् (Elections)> (17) राजभाषा (Official Language) (18) आपत्कालीन प्रावधानम् (Emergency provisions) (20) संविधानसंशोधनम् (Amendment of Constitution). सप्तमी अनुसूची: (Seventh Schedule). Parliament, Supreme Court, President of India, Prime Minister of India. ∑ (Govt of India Act 1935, Manu Samhita 5000, BCE Rigveda 7000 BCE), the Governor is pleased hereby to make the following rules, namely :‐

Application of the ROPA Rule 2019

1. 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 IndiaIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more Services, the West Bengal Judicial Service and members of the services to whom the University Grants Commission, the All India Council of Technical Education and IndianIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more Council of Agricultural Research scales of pay apply.

(2) Unless specifically extended under express order of the State 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 CourtHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission. at KolkataKolkata Police Stations:  i. Shyampukur P.S. ii. Jorabagan P.S. iii. Burtolla P.S. iv. Burrabazar P.S. v. Posta P.S. vi. Jorasanko P.S. vii. Girish Park P.S. viii. Amherst Street P.S. ix. Hare Street P.S. x. Bowbazar P.S. xi. Muchipara P.S. xii. Taltala P.S. xiii. New Market P.S. xiv. Park Street P.S. xv. Shakespeare Sarani P.S. xvi. Hastings P.S. xvii. Maidan P.S. xviii. North Port P.S. xix. South Post P.S. xx. West Port P.S.

(3) These rules shall not also apply to :

(a) Government employees appointed on contractContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act.,

(b) Government employees not in whole timeTime χρόνος. Judicial: Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) यमः , पुं, (यमयति नियमयति जीवानां फलाफलमिति । यम् + अच् । विश्वे च कलयत्येव यः सर्व्वायुश्च सन्ततम् । अतीव दुर्निवार्य्यञ्च तं कालं प्रणमाम्यहम् ॥यमैश्च नियमैश्चैव यः करोत्यात्मसंयमम् । स चादृष्ट्वा तु मां याति परं ब्रह्म सनातनम् ॥ employment,

(c) Government employees paid otherwise than on a monthly basis, Including those paid at piece‐rates,

(d) Government employees who have retired in the afternoon of the 31st December, 2015, and

(e) Government employees re‐employed after retirement.

Basic Definitions used in the ROPA Rules

Definitions ‐ (1) In these rules, unless the context otherwise requires,‐

(a) “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;

(b) “existing Pay Band and Grade Pay” means the running Pay Band and the Grade Pay applicable to the post held by the Government employee or, as the case may be, the personal scale applicable to such Government employee on account of his advancement to a higher Pay Band/Grade Pay under specific or general orders of the Government as on 1stday of January, 2016, whether in a substantive or officiating or temporary capacity, and

(c) “existing pay structure” means the present system of Pay Band and Grade Pay applicable to the post held by the Government employee as on the 1st day of January, 2016 whether in a substantive or officiating capacity or the Pay Band and Grade Pay as personal scale applicable to him on account of advancement to higher Pay Band /Grade Pay.;

Explanation.‐ the expressions “existing basic pay” and “existing Pay Band and Grade Pay” in respect of a Government 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;

(d) “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.

(e) “Pay Matrix” means Matrix specified in Schedule‐I and Schedule‐II, with levels of pay arranged in vertical cells as assigned to corresponding existing Pay Band and Grade Pay ;

(f) “Level” in the Pay Matrix shall mean the Level corresponding to the existing Pay Band and Grade Pay as specified in Schedule‐III;

(g) “pay in the Level” means pay drawn in the appropriate CellCell The smallest unit that can live on its own and that makes up all living organisms and the tissues of the body. A cell has three main parts: the cell membrane, the nucleus, and the cytoplasm. The cell membrane surrounds the cell and controls the substances that go into and out of the cell. The nucleus is a structure inside the cell that contains the nucleolus and most of the cell’s DNA. It is also where most RNA is made. The cytoplasm is the fluid inside the cell. It contains other tiny cell parts that have specific functions, including the Golgi complex, the mitochondria, and the endoplasmic reticulum. The cytoplasm is where most chemical reactions take place and where most proteins are made. The human body has more than 30 trillion cells. of the Level as specified in Schedule‐I and Schedule‐II;

(h) “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 ;

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

(j) “revised emoluments” means the pay in the Level of a Government employee in the revised pay structure and includes the revised non‐practcing allowance, if any, admissible to him.;

(k) “Schedule” means a 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.

Fixation of initial pay in the revised pay structure with example under ROPA Rules

Fixation of initial pay in the revised pay structure.‐ (1) The initial pay of a Government employee who elects , or is deemed to have elected under rule 6 to be governed by the revised pay structure on and from the 1^st day of January, 2016,shall,unless in any case the Governor by special order otherwise directs, 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 if such lien had not been suspended , and in respect of his pay in the officiating post held by him , in the following manner , namely:‐

in the case of all employees,‐

• the pay in the applicable level in the Pay Matrix shall be the pay obtained by multiplying the existing basic pay by a factor of 2.57, rounded off to the nearest rupee and the figure so arrived at will be located in that level in the Pay Matrix and if such an identical figure corresponds to any Cell in the applicable level in the pay matrix , the same shall be the pay , and if no such cell is available in the applicable level , the pay shall be fixed at the immediate next higher Cell in that applicable Level of the Pay Matrix, as per schedule V .

• if the minimum pay or the first cell in the
  applicable Level is more than the amount arrived at as per sub‐clause (i)
  above, the pay shall be fixed at minimum pay or the first Cell of that
  applicable Level.

• In the case
  of Medical Officers and Veterinary Doctors who are in receipt of Non‐Practising
  Allowance, the pay in the revised pay structure shall be fixed in the following
  manner:

The existing basic pay shall be multiplied by a factor of 2.57 and the figure so arrived at shall be added to by an amount equivalent to Dearness Allowance on the pre‐revised Non‐ Practicing Allowance admissible as on 1^st day of January, 2016. The figure so arrived at will be located in the applicable Level in the Pay Matrix and if such an identical figure corresponds to any Cell in the applicable Level, the same shall be the pay. If, no such Cell is available in the applicable Level, the pay shall be fixed at the immediate next higher Cell in that applicable Level in the Pay Matrix.

Illustration

7

• A
  Government employee who is on leave on the 1^st day of
  January, 2016 and is entitled to leave salary shall be entitled to pay in the
  revised pay structure from the date of actual effect of the revised emoluments.

• A
  Government employee who is on study leave on the 1^st day of January, 2016 shall be entitled to pay in the revised pay
  structure from the date of actual effect of the revised emoluments.

• A
  Government employee under suspension, shall continue to draw subsistence
  allowance based on existing pay structure and his pay in the revised pay structure
  shall be subject to the final order on the pending disciplinary proceedings.

• Where the
  existing emoluments exceed the revised emoluments in the case of any Government
  employee, the difference shall be allowed as personal pay to be absorbed in future
  increases in pay.

• Where in
  the fixation of pay under sub‐rule (1) the pay of a Government employee, who,
  in the existing pay structure was drawing more pay than another Government
  employee junior to him in the same grade in the cadre immediatelyForthwith In Rao Mahmood Ahmad Khan v. Ranbir Singh , has held that the word ‘forthwith’ is synonymous with the word immediately, which means with all reasonable quickness. When a statute requires something to be done ‘forthwith’ or ‘immediately’ or even ‘instantly’, it should probably be understood as allowing a reasonable time for doing it. The interpretation of the word ‘forthwith’ would depend upon the terrain in which it travels and would take its colour depending upon the prevailing circumstances which can be variable. (Shento Varghese v. Julfikar Husen & Ors [2024] 6 S.C.R. 409). Anwar Ahmad v. State of UP [1976] 1 SCR 779 : AIR (1976) SC 680; Nevada Properties (P) Ltd. v. State of Maharashtra & Anr. [2019] 15 SCR 223 : (2019) 20 SCC 119; State of Maharashtra v. Tapas D. Neogy [1999] Supp. 2 SCR 609 : 1999 INSC 417; Ravinder Kumar & Anr. v. State of Punjab [2001] Supp. 2 SCR 463 : (2001) 7 SCC 690; Bhajan Singh and Ors. v. State of Haryana [2011] 7 SCR 1 : 2011 INSC 422; HN Rishbud v. State of Delhi [1955] 1 SCR 1150 : (1954) 2 SCC 934; Sk. Salim v. State of West Bengal [1975] 3 SCR 394 : (1975) 1 SCC 653; China Apparao and Others v. State of Andhra Pradesh [2002] Supp. 3 SCR 175 : (2002) 8 SCC 440; Navalshankar Ishwarlal Dave v. State of Gujarat [1993] 3 SCR 676 : 1993 Supp. 3 SCC 754; Rao Mahmood Ahmad Khan v. Ranbir Singh [1995] 2 SCR 230 : (1995) Supp. 4 SCC 275; Bidya Deb Barma v. District Magistrate [1969] 1 SCR 562 : (1968) SCC OnLine SC 82.  before the 1^st day of January,2016 , gets fixed in the revised pay structure in a
  Cell lower than that of such junior , his pay shall be stepped up to the same
  Cell in the revised pay structure as that of the junior.

• In the case
  where a senior Government employee promoted to a higher post before the 1^st day of January, 2016 draws less pay in the revised pay structure than
  his junior who is promoted to the higher post on or after the 1^st day of January, 2016, the pay of senior Government employee in the
  revised pay structure shall be stepped up to an amount equal to the pay as
  fixed for his junior in that higher post and such stepping up shall be done
  with the approval of the Government with effect from the date of promotion of
  the junior Government employee subject to the fulfilment of the following
  conditions, namely :‐

• both the
  junior and the senior Government employees belong to the same cadre and the
  posts in which they have been promoted are identical in the same cadre ;

• the existing pay structure and the revised pay
  structure of the lower and higher posts in which they are entitled to draw pay
  should be identical ;

• the senior Government employee at the time of promotion was drawing equal or more pay than the junior ;
• the anomaly should arise directly as a result of the applications of the provisions of normal rule or any other rule or order regulating fixation of pay on such promotion in the revised pay structure :

Provided that if the junior officer was drawing more pay in the existing pay structure than the senior by virtueVirtue Aristotelian model: Excess Mean Deficiency >Irascibility Gentleness Spiritlessness >Rashness Courage Cowardice>Shamelessness Modesty Diffidence>Profligacy Temperance Insensitiveness>Envy Righteous Indignation Malice>Greed Justice Loss>Prodigality Liberality Meanness>Boastfulness Honesty Self-deprecation>Flattery Friendliness Surliness>Subservience Dignity Stubborness>Luxuriousness Hardness Endurance>Vanity Greatness of Spirit Smallness of Spirit>Extravagance Magnificence Shabbiness> Rascality Prudence Simpleness. of any advance increment(s) granted to him , the provisions of this sub‐rule shall not be applicable to step up the pay of the senior Government employee.

Provided further that the order relating to stepping up of the pay of the senior employee in accordance with the provision of these sub‐rule shall be issued under rule 55(4) of the West Bengal Service Rule, Part I and the senior employee shall be entitled to the next increment on completion of his required qualifying service with reference to the date of such stepping up of pay.

• Where a Government employee is in receipt of
  personal pay on the 1^st day of January, 2016, which together with his existing emoluments
  exceeds the revised emoluments, the difference representing such excess shall
  be allowed to such Government employee as personal pay to be absorbed in future
  increases of the pay.

• Subject to
  provisions of rule 5, if the pay as fixed in the officiating post under
  sub‐rule (1) is lower than the pay fixed in the substantive post, the former
  shall be fixed at the same stage as the substantive pay.

Read the whole ROPA Rules :