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

Government of West Bengal

Finance Department

Audit Branch

NOTIFICATION

No. 5562–F the 25th September, 2019–In exercise of the power conferred by the proviso to article 309 of the Constitution of IndiaIndia Bharat Varsha (Jambu Dvipa) 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 । Read more, 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 India 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 Indian 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 Court at Kolkata

(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 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”) 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 1st 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 .
  Illustration ‐1        
             
1. Existing Pay Band : Pay Band P.B I 4900‐16200  
P.B.1 Grade Pay 1700   1800  
     
  Existing Grade Pay : Level 1   2  
2. 1800 1 17000   17600  
    2 17500   18100  
3. Existing Pay in the Pay Band : 7410 3 18000   18600  
  4 18500   19200  
    5 19100   19800  
  Existing Basic Pay : 6 19700   20400  
4. 9210 (=7410+1800) 7 20300   21000  
    8 20900   21600  
  Pay after multiplication by a fitment 9 21500   22200  
5. factor of 2.57 : 9210×2.57= 23669.70          
10 22100   22900  
  (rounded off to 23670)          
  11 22800   23600  
6. Level corresponding to Grade Pay 12 23500   24300  
1800 : Level 2 13 24200   25000  
     
  Revised Pay in the Pay Matrix 14 24900   25800  
7. (either equal to or next higher to 15 25600   26600  
  23670 in Level 2 ): 24300          
    Illustration ‐2              
                   
1. Existing Pay Band : Pay Band   P.B.3 7100‐37600    
P.B.3 Grade Pay 3200 3600   3900   4100  
       
  Existing Grade Pay : Level 8 9   10   11  
2. 4100 1 27000 28900   32100   33400  
    2 27800 29800   33100   34400  
                   
  Existing Pay in the Pay 3 28600 30700   34100   35400  
  Band : 14000                
3. 4 29500 31600   35100   36500  
       
    5 30400 32500   36200   37600  
                   
  Existing Basic Pay : 6 31300 33500   37300   38700  
4. 18100 (=14000+4100)                
7 32200 34500   38400   39900  
       
         
                   
      6          
                 
  Pay after multiplication by 8   33200 35500 39600 41100  
  a fitment factor of 2.57 :              
5. 9   34200 36600 40800 42300  
46517    
  10   35200 37700 42000 43600  
       
6. Level corresponding to 11   36300 38800 43300 44900  
Grade Pay 4100 : Level 11              
12   37400 40000 44600 46200  
     
       
  Revised Pay in the Pay 13   38500 41200 45900 47600  
7. Matrix (either equal to or              
             
next higher to 46517 in 14   39700 42400 47300 49000  
     
  Level 11 ): 47600              
  • 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 1st 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

1. Existing Pay Band : PB‐4A Pay Band P.B.4A 15600 ‐ 42000  
   
               
2. Existing Grade Pay : 5400 Grade Pay 5400   6600 7000  
3. Existing Pay in the Pay Band : Level 16   17 18  
15910            
1 56100   67300 68400  
     
       
4. Existing Basic Pay : 21310 2 57800   69300 70500  
(= 15910+ 5400)            
3 59500   71400 72600  
     
       
5. 30% NPA on Basic Pay : 6393 4 61300   73500 74800  
6. DA on NPA @75% : 4795 5 63100   75700 77000  
  Pay after multiplication by a fitment 6 65000   78000 79300  
7. factor of 2.57 : 21310 x 2.57            
7 67000   80300 81700  
  =54766.70 (rounded off to 54767)    
             
8. Sum of serial number 6 and 7 = 8 69000   82700 84200  
54767+4795 =59562            
9 71100   85200 86700  
     
       

7

9. Level corresponding to G.P 5400 : 10 73200 87800 89300  
Level 16  
           
  Revised Pay in the Pay Matrix (either 11 75400 90400 92000  
10. equal to or next higher to 59562 in 12 77700 93100 94800  
  Level 16 ): 61300  
           
  • A Government employee who is on leave on the 1st 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 1st 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 immediately before the 1st 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 1st 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 1st 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 virtue 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 1st 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 :