Government of West Bengal
School Education Department
Budget Branch
Bikash Bhavan, Salt Lake, Kolkata-700091.
No. 46 –SE (B)/5B-1/2009. Dated: the 27th February, 2009.
M E M O R A N D U M
In Finance Department Resolution No. 6020-F dated the 28th August, 2008 the
Government constituted a Pay Commission with terms of reference which included that the
Commission would also examine the structure of emoluments and conditions of service of the
a) (i) Teaching and Non-Teaching staff of Government sponsored or aided
Schools upto Class-XII standard,
ii) Teaching and Non-Teaching staff of Training Institutions for Primary
Teachers.
b) Employees of the District Primary School Councils including Siliguri Subdivisional
Primary School Council and Darjeeling (Hill Areas) District School Board.
c) Employees of the West Bengal Board of Primary Education.
After careful consideration of the recommendations of the Pay Commission in regard
to the scales of pay, age of superannuation, retirement benefits and other terms and conditions
of service, the Governor is pleased to direct that for all categories mentioned above, the
recommendations of the Pay Commission shall be adopted with some modifications.
The Governor is also pleased to direct that the date of effect of the Revised Scales, the
matter of fixation of pay in the revised scales and other conditions of service of employees
shall be as set out in the following paragraphs.
1. Date of effect:
(1) The revised scale of pay shall notionally effective from the 1st January, 2006
as recommended by the Pay Commission.
(2) The pay and allowances of an employee which may be, admissible to him in
consequence of revision of pay shall be actually paid with effect from 1st
April, 2008.
(3) Mode of drawal of arrears of pay:-
The arrears pay to which an employee may be entitled in respect of the period
from the 1st April, 2008 to 31st March, 2009 shall be paid in three consecutive
equal yearly instalments in cash from the year 2009-2010.
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An employee, who retired after the 31st March, 2008 but before the issue of
this Memorandum, shall receive the arrears of pay which he may be entitled, in cash.
An employee, who retired on any date between the 1st January, 2006 and the
31st March, 2008 shall not receive any arrears of pay in respect of the period upto the
31st March, 2008.
2. Special Pay :
There shall be no special pay along with pay in the revised pay scale.
Definitions :-
In this memorandum, unless there is any thing repugnant to the subject or context –
(a) ‘Annexure’ means an annexure to this order.
(b) ‘existing basic pay’ means the pay drawn in the prescribed existing scale of
pay including stagnation increments if any, but does not include any other
type of pay.
(c) ‘existing emoluments’ means 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) ‘existing scale’ means –
(i) in relation to any post, the scale of pay shown against that post in Col. of
Annexure.
(ii) in relation to an employee the scale of pay to which the employee was
entitled on 1st January, 2006 in terms of Government Order No. 25-SE (B)
dated 12th February, 1999 and any other order or orders which might have
been issued in this regard.
(e) ‘employees’ means a member of the teaching and non-teaching staff of the
Non-Government/Sponsored/Aided Educational Institutions and other
organizations as mentioned in Annexure-I who have opted for the scale of
pay as revised in terms of Government Order in Memo. No. 25-SE (B) dated
12.2.99 and who is enjoying that scale of pay on the 1st January, 2006.
(f) ‘para’ means a paragraph of this order.
(g) ‘pay in the pay band’ means pay drawn in the running pay bands specified in
Annexure IX.
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(h) ‘Grade Pay’ means a fixed amount corresponding to the pre-revised pay
scale/posts.
(i) ‘revised pay structure’ in relation to any post specified in Annexure-VIII
means the pay band scale and grade pay specified against Col. (4) and Col.
(5) of that Part, unless a different revised pay in the pay band and grade pay
is notified separately for that post.
(j) ‘Basic pay in 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;
(k) ‘revised emoluments’ means the pay in the pay band plus the grade pay of
the employees in the revised pay structure and includes allowances if any,
admissible to him.
4. Scale of pay of post:
From the 1st January 2006, the pay band and grade pay of every post in the
institutions and Organizations as mentioned as mentioned in Annexure-I
including the teaching and non-teaching posts in Government Sponsored/
aided recognized institutions up to Class-XII standard shall be as specified in
Annexure VIII.
5. Drawal of pay in revised pay structure:
Save as otherwise provided in the order, every employee shall draw
pay in revised pay structure applicable to the post to which he/she is
appointed.
Provided that an employee may elect 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 an employee has been placed in
higher pay scale between the period from 1st January 2006 to the date of
notification of this order on account of up-gradation of pay scales etc., such
employee may elect to switch over to the revised pay structure from the date
of such up-gradation as the case may be.
Explanation-I: The option to retain the existing scale under first proviso of
the order shall be admissible only in respect of one existing scale.
Explanation-II: The aforesaid option shall not be admissible to any
employee appointed to a post on or after the 1st January 2006 whether for first
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time or by subsequent appointment by fresh selection and he shall be allowed
pay only in the revised pay structure.
6. Option:
(1) The option under the provision of para 5 shall be exercised within one
hundred and eighty days from the date of issue of this order to Head of
Institution variably.
(2) A teacher or a non-teaching employee of a Government
Aided/Sponsored Educational Institution who was in service on the 31st
December, 2005 and who did not retire on the after noon of that day may at
his discretion, retain his existing scale of pay (as is applicable to him on the 1st
January 2006) up to the 1st January 2007.
(3) The option once exercised shall be final.
Note – 1. An employee, who on the date of issue of this memorandum is on
leave or on deputation or otherwise, shall exercise the said option in writing so
as to reach the Head of the Office/Institution within one hundred and eighty
days from the date of his return from such leave or deputation.
Note – 2. An employee, who is under suspension on the date of issue of this
memorandum, shall exercise the said option so as to reach the Head of
Office/Institution within one hundred and eight days from the date of his
return to service after reinstatement.
Note – 3. If an employee, who was in service on the 31st December 2005 and
to whom this order applies, does not exercise option under the proviso to para
5 of this order, shall be deemed to have elected to be governed by the revised
scale of pay with effect from the 1st January 2006.
Note – 4. An employee, who died on or after the 1st January 2006 and could
not exercise option within the prescribed time limit shall be deemed to have
exercised option for the revised scale of pay from the 1st January 2006 or from
such subsequent date as is considered most beneficial to him.
Note – 5. The form in which option shall be exercised has been set out in
Annexure II.
Note – 6. An employee whose existing scale of the post was revised with
effect from any date notionally before publication of this order may be
allowed the benefits of exercising option under this order on the basis of
notional basic pay in the existing scale.
Note – 7. An employee whose service is terminated on or after 1st day of
April, 2008 and for those whose institutions have been de-recognized in the
meantime and who is unable to exercise option on account of discharge on the
expiry/abolition of the sanctioned posts, recognition dismissal or discharge on
disciplinary grounds within the prescribed period shall be entitled to the
benefits of exercising option under this order.
Note – 8. Where an employee exercises the option under the provisos to this
order 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 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 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 which ever is higher.
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Note – 9. The employee who is on lien/deputation to the posts like President/
Chairman of Board/Council, if he opts to be in the scale prescribed for such
post of President/Chairman, shall, submit two separate options – one for his
original post and another for his deputation post.
7. Fixation of initial pay in revised pay structure:
The initial pay of an employee who elects or is deemed to have elected
under Para 6 to be governed by the revised pay structure on and from the 1st
January, 2006, shall 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 had his
lien not been suspended and in respect of his pay in the officiating post held
by him in the following manner namely:
(a) in case of all employees, -
(i) the pay in the pay band of an employee who continued in service after 31st
December, 2005, shall be determined notionally as on 1st day of January, 2006, by
way of multiplying his existing basic pay by a factor of 1.86 and rounding off the
resultant figure to the next multiple of 10.
Provided that if the minimum of the revised pay band in higher than the
amount so arrived at in accordance with the provisions of this item, the pay shall be
fixed at the minimum of the revised pay band.
(i) And after the pay in the pay band so determined grade pay corresponding to
the existing scale shall be added.
(ii) In case of Headmaster/Headmistress, Assistant Headmaster etc. who are in
receipt of additional increments and are still getting the same for holding
such posts, the pay in the revised structure shall be fixed notionally in
accordance with the provisions of Para 7(a) above.
Provided that the pre-revised dearness allowance appropriate this additional
increments admissible at index average of 536 (1982=100) shall be added while
fixing the pay in the revised pay band.
Note – I : An employee who is on leave on the date of commencement of
this order and is entitled to leave salary shall become entitled to pay in the
revised pay structure from the date of actual effect of the revised
emoluments.
Note – 2: An employee under suspension shall continue to draw
subsistence allowance based on existing scale of pay and his pay in the
revised pay structure shall be subject to the final order of the pending
disciplinary proceedings.
Note – 3: Where the amount of existing emoluments exceeds the
revised emoluments in respect of any employee, the difference amount
shall be allowed as personal pay to be absorbed in future increases in
pay.
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Note – 4: (a) For the purpose of fixation of pay under this Para, every
employee, who held before the 1st January, 2006, a post substantively
and other post or posts on officiating basis, shall exercise option in the
appropriate form set out in Annexure II for fixation of initial pay
separately in the revised scale of pay of the substantive post and also in
revised scale of pay the officiating post. If the number of officiating
posts held by the employee is more than one, he shall exercise option
for fixation of initial pay in the revised scale in respect of the last
officiating post.
(b) If upon the fixation of pay under this rule the initial
pay of an employee fixed in the revised scale of pay of the substantive
post becomes either equal to or higher than, the pay fixed in the revised
scale of the officiating post, his initial pay in the revised scale of the
officiating post shall be re-fixed at the same stage as the ‘substantive
pay’.
Note – 5 : The pay of an employee who has been appointed/promoted
to a higher post in a higher scale of pay, or has got advancement to a
higher scale, on or after the 1st January, 2006, shall be fixed under this
Para with reference to the lower post/scale of pay and then his pay
shall be fixed in the revised scale of pay of the higher post, or revised
scale corresponding to the existing higher scale of pay as the case may
be.
In the case of an employee, who elects or is deemed to have elected to draw pay in
revised scale of pay with effect from1st January, 2006 when the normal date of increment
in the existing scale of pay is also 1st January, 2006, the in the existing scale should be
drawn first and thereafter the pay of the employee shall be fixed in the revised scale of pay
under this order.
Note – 6 : Wherein the fixation of pay under this order, the pay of an employee,
who,
immediately before the 1st day of January, 2006, was drawing more pay in the
existing scale of than another employee junior to him in the same cadre and same
institution gets fixed in the revised pay band at a stage lower than that of such
junior, his pay shall be stepped upto the same stage in the revised pay band as that
of junior.
Note – 7 : In case where a senior employee promoted to a higher post/grade before
the 1st day of January, 2006 draws less pay in the revised pay structure than his
junior in the same institution who is promoted to the higher post on or after 1st
January, 2006, the pay in the pay bands of senior employee should be stepped upto
an amount equal to the pay in the pay band as fixed for his junior in that higher
grade. The ‘stepping up’ shall be done with effect from the date of
promotion/awarding higher grade of the junior employee subject to fulfillment of
certain conditions as published in the Orders and Circulars of the Department
earlier:
Provided, the anomaly should arise directly as a result of the application of the
provision of normal rule/order or any other rule or order regulating fixation of pay on such
promotion/awarding higher grade in the revised pay structure. If even in the lower post, the
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junior employee was drawing more pay in the pre-revised scale than the senior by virtue of
any advance increment (for completion of courses like Ph.D./DL.E.T. etc.) granted to him,
the provision of this note shall not be applicable to step-up the pay of the senior employee.
Note – 8 : Where an employee is in receipt of personal pay on the 1st day of January,
2006, which together with his existing emoluments exceeds the revised
emoluments., the difference representing such excess shall be allowed to such
employee as personal pay to be absorbed in the future increases of the pay.
8. Fixation of pay in revised pay structure of employee appointed as fresh recruits
on or after 1st day of January, 2006:
(1) The pay of direct recruits to a particular post carrying a specific grade pay shall
be fixed on or after the 1st day of January, 2006, at the entry level pay in the pay band as
indicated in Annexure VII.
(2) The provision of sub-rule (I) shall also be applied in the case of those recruited
between the 1st day of January, 2006 and the date of publication of these rules :
Provided that where the emoluments in the pre-revised scale(s) i.e., sum total of the
basic pay in the pre-revised pay scale(s), dearness pay, if any, plus dearness allowance
applicable from the date of joining, exceeds the sum of the pay fixed in the revised pay
structure and the applicable dearness allowance thereon, the difference shall be ignored
upto the 31st May, 2008 and such difference in total emoluments for the period from 1st day
of April, 2008 to the date of publication of these rules, shall be regulated in accordance
with the provisions of rule 12.
9. Rate of increment in revised pay structure:
(1) The rate of increment in the revised pay structure shall be three per centum (3%)
of the sum of the pay in the pay band and grade pay applicable and the resulting amount
shall be rounded off to the next multiple of 10.
(2) The amount of increment shall be added to the existing pay in the pay band.
Provided that in case an employee, who reaches the maximum of his pay band after
addition of the amount of increment to the existing pay in the pay band, shall be placed in
the next higher pay bands after one year of reaching such a maximum and at the time of
placement in the higher pay band, benefit of one increment shall be allowed while the
grade pay shall remain the same in the higher pay band and such employee shall continue
to move in the higher pay band till his pay in the pay band reaches the maximum of pay
band-5 (PB-5).
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Provided further that in case an employee, who reaches the maximum of his pay
band after addition of the amount of increment to the existing pay in the pay band-5 (PB-5),
neither further increment shall be granted to such an employee nor such an amount of
increments shall be added to the existing pay in the pay band.
10. Date of increment in the revised pay structure:
(1) In respect of all employees, there shall be a uniform date of annual increment
and such date of annual increment shall be the 1st day of July of every year:
Provided that in case of an employee who had been drawing maximum of the
existing scale of pay for more than a year on the 1st day of January, 2006, the next
increment in the un-revised pay scale shall be allowed on the 1st day of January, 2006 and
thereafter the provision of this rule shall apply.
Note – 1 : In case of the employees completing six (06) months and above in the
revised pay structure as on 1st day of July, shall be eligible to be granted the
increment. The first increment after fixation of pay on the 1st day of January, 2006
in the revised pay structure shall be granted notionally on the 1st day of July, 2006
for those employees for whom the date of next increment was between 1st July, 2006
to 1st January, 2007.
Note – 2 : In case of the employees who earned their last increment between the
period commending from the 2nd day of January, 2005 and ending on the 1st day of
January, 2006, after fixation of their pay under revised pay structure, such employee
should get next increment on the 1st day of July, 2006.
Note – 3 : In case of the employee whose date of next increment falls on the 1st day
of January 2006, after granting an increment in the pre-revised pay scale as on the
1st January 2006, their pay in the revised pay structure should be fixed on the 1st
January 2006 and such employees should get their next increment on the 1st day of
July, 2006.
Note – 4. If an employee opts to come under revised pay structure any date between
the 1st January 2006 to the 1st day of July, 2006, his pay in the revised pay structure
should be fixed accordingly, but his date of next increment should be 1st day of July,
2007.
11. Fixation of Pay on promotion on or after 1st day of January, 2006:
(1) In case of promotion from one grade pay to another in the revised pay structure
on or after 1st January 2006, the fixation of pay of an employee shall be made in the
following manner, namely :-
a) one increment equal to three per centum (3%) of the sum of the pay
in the pay band and the existing grade pay shall be computed and rounded
off to the next multiple of 10;
b) the amount arrived at in clause (a) shall be added to the existing pay
in the band and in case the pay in the pay band after adding the increment is
less than the minimum of the higher pay band to which promotion is taking
place, pay in the pay band shall be stepped up to such minimum;
c) after the pay in the pay band so determined, grade pay corresponding
to the promotional post shall be granted in addition to this pay in the pay
band.
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(2) In case where promotion of an employee involves change in the pay band the
same methodology as mentioned in clause (a) to clause (c) of sub-rule (1) for
fixation of pay, shall be applicable.
(3) The benefit of fixation of pay available at the time of normal promotion
under this rule shall be allowed in case of non-functional movement to higher
scales.
Note I, - In case the employee opts to get his pay fixed from his date of next
increment, then, on the date of promotion, pay in the pay band shall continue to be
unchanged, but grade pay of the higher post shall be granted. Further re-fixation
shall be done on the date of his next increment, i.e., 1st day of July. On that day,
such an employee shall be granted two increments; one annual increment and the
second on account of promotion. While computing these two increments, basic pay
prior to the date of promotion and grade pay corresponding to such pay in the pay
band shall be taken into account. After allowing such increments, grade pay of the
higher post/ scale shall be allowed.
Note 2. – In case the employee opts to get his pay fixed in the higher grade from
the date of his promotion, he shall get his first increment in the higher grade on the
next 1st July, if he was promoted between the periods from the 2nd July to 1st
January. However, if he was promoted between periods commencing from the 2nd
January and ending on the 30th June of a particular year, he shall get his increment
on the 1st July of the next year.
12. Payment of arrears:
(1) Notwithstanding anything contained elsewhere in these rules, or in any other rules
for the time being in force, no arrears of pay to which an employee may be entitled
in respect of the period from the 1st January 2006 to the 31st day of March, 2008,
shall be paid to the employee.
(2) (a) The arrears of pay to which the employee may be entitled to in
respect of the period from the 1st day of April, 2008 to the 31st day of March, 2009,
shall be paid in three consecutive equal yearly instalments in cash from the year
2009-2010.
(b) An employee, who retired on any date between the 1st January 2006 to the
31st day of March, 2008, shall not be entitled to any arrears of pay for the period up
to the 31st day of March, 2008.
(c) An employee, who retired between the periods from 31st day of March,
2008 to the 1st day of April, 2009, but before publication of these rules in the
Official Gazette, shall receive arrears of pay for the period from the 1st April, 2008
to the date of his retirement, in cash.
Explanation: For the purpose of this rule, “arrears of pay”, in relation to an
employee, means the difference between the aggregate of pay and allowances to
which he is entitled on account of the revision of pay and allowances under these
rules for the period in question and the aggregate of the pay and allowances to
which he would have been entitled for that period had his pay and allowances not
been so received. The revised allowance (except for dearness allowance and nonpracticing
allowance) shall be payable only with effect from the 1st day of April,
2009.
13. House Rent Allowances:
With effect from the 1st April,2009 the House Rent Allowance admissible to
an employee shall be 15% of his revised basic pay i.e. aggregate of the band pay
plus Grade Pay and additional increments, if any, in the revised pay structure
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subject to a maximum of Rs. 6000/- per month. The ceiling of House Rent
Allowance drawn by husband and wife together shall also be raised to Rs. 6000/-
per month.
The existing terms and conditions of drawl of House Rent Allowance by
employees living in their own house or in a rental house shall continue to apply.
Subject to continuance of the existing terms and conditions regulating drawl
of House Rent Allowance by the employees provided with accommodation
owned/hired by the Authority and recovery of fixed rent/license fee from time, the
following conditions shall be there with effect from 1st April, 2009 in respect of
such categories of employees.
(1) When an official accommodation being in habitable condition in all respect
and such accommodation is earmarked for holder of a particular post without
any rent, the holder will not be entitled to House Rent Allowance for living
elsewhere.
(2) In case the employee pays rent or license fee for such official Government
accommodation, his reimbursement in the form of House Rent Allowance
will be limited to actual license fee/rent paid or 15% of the pay whichever is
lower.
14. Medical and other Allowance:
Medical and other allowances, not specifically covered in this order, shall
continue to be drawn with pay in the revised scale, the amount of such allowance
shall be Rs. 300/- per month from 1st April, 2009.
Dearness allowance payable with effect from 1st April, 2008 shall be at the
following rate:-
Period from which payable Rate of Dearness Allowance per month on
Basic Pay
01.4.2008 to 31.5.2008 2%
01.6.2008 to 31.10.2008 6%
01.11.2008 to 28.2.2008 9%
01.3.2009 to 31.3.2009 12%
01.4.2009 onwards 16%
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15. Over-riding effect of the order –
The provisions of this order shall have effect notwithstanding anything to the
contrary contained in any other rules, orders and notifications from the time being
in force, and all such rules, orders and notifications shall have effect subject to the
provision of these rules.
16. Relaxation:
Where the Governor is satisfied that the operation of all or any of the
provisions of this order causes undue hardship in any particular case or class of
cases, he may, by order, dispense with or relax the requirement of all or any of the
parts of the order to such extent and subject to such condition as he may consider
necessary for dealing with the case or class of cases in a just and equitable manner.
This order issues with the concurrence of the Finance Department their U.O.
No. 699 dated: 27.02.2009 Group ‘P’ (Service).
By the order of the Governor,
( K. John Koshy)
Additional Chief Secretary to the
Government of West Bengal.
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Annexure-I
1. Teachers and Non-teaching staff of :
(i) Government Sponsored or aided Primary Schools / Junior Basic Schools
(including Pre-Basic Schools)
(ii) Government Sponsored or Aided Junior High/ High / Higher Secondary
Schools upto Class XII standard.
(iii)Government Sponsored or Aided Training Institutes for Primary Teachers.
2. Employees of the District School Board, Darjeeling (Hill Areas)/ District Primary
School Councils/ Siliguri Sub-Divisional School Council.
3. Employees of the West Bengal Board of Primary Education.
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Annexure-II
Form of Option
* (i) I ………………………………………………………………………. Hereby elect
the revised pay structure with effect from 1st January, 2006.
* (ii) I ………………………………………………………………………. Hereby elect to
continue on the existing scale of pay of my substantive / officiating post mentioned below
until:
(a) the date of my next increment
the date of my subsequent increment raising my pay to Rs.
………………………………………………………… in the
existing scale.
(c) the date of my promotion to …………………………………………….. in the
existing scale of pay of Rs. ……………………………………………
Declaration.– I hereby undertake to refund to the Government any amount which may
be drawn by me in excess of what is admissible to me on account of erroneous fixation of pay
in the revised pay structure as soon as the fact of such excess drawal comes / brought to my
notice.
Date : ________________
Station : _______________
Signature _____________________________________
Name ________________________________________
Designation ___________________________________
Office in which employed ________________________
Institution ___________________________________
To be scored out, if not applicable.
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Annexure-III
Form for fixation of initial pay in the revised pay structure for :-
1. Teachers and Non-teaching staff of :
a) Government Sponsored or aided Primary Schools / Junior Basic Schools
(including Pre-Basic Schools)
b) Government Sponsored or Aided Junior High/ High / Higher Secondary
Schools upto Class XII standard.
c) Government Sponsored or Aided Training Institutes for Primary Teachers.
2. Employees of the District School Board, Darjeeling (Hill Areas)/ District Primary
School Councils/ Siliguri Sub-Divisional School Council.
3. Employees of the West Bengal Board of Primary Education.
Revision of Pay and Allowance Rules, 2009.
1. Name of the Institution/Office :
2. Name and designation of the employee :
3. Status (substantive / officiating) :
4. Existing scale of pay
(a) in substantive post
(b) in officiating / temporary post
:
:
5. Existing basic pay as on as on …………
(the date of option)
:
6. Pay after multiplication by a factor 1.86
and rounded off to next multiple of 10.
:
7. Revised pay band and Grade Pay
corresponding to existing scale
(as shown at sl. No. 4 above)
:
8. Pay in the revised pay band / scale in
which pay is to be fixed
:
9. Grade Pay to be applied in terms of
Revision of Pay and Allowance Rules,
2009
:
10. Revised basic pay (sl. No. 7 + sl. No. 8) :
11. Date of effect :
12. Date of next increment :
Signature of Head of Institution /Office
School Education Department
Budget Branch
Bikash Bhavan, Salt Lake, Kolkata-700091.
No. 46 –SE (B)/5B-1/2009. Dated: the 27th February, 2009.
M E M O R A N D U M
In Finance Department Resolution No. 6020-F dated the 28th August, 2008 the
Government constituted a Pay Commission with terms of reference which included that the
Commission would also examine the structure of emoluments and conditions of service of the
a) (i) Teaching and Non-Teaching staff of Government sponsored or aided
Schools upto Class-XII standard,
ii) Teaching and Non-Teaching staff of Training Institutions for Primary
Teachers.
b) Employees of the District Primary School Councils including Siliguri Subdivisional
Primary School Council and Darjeeling (Hill Areas) District School Board.
c) Employees of the West Bengal Board of Primary Education.
After careful consideration of the recommendations of the Pay Commission in regard
to the scales of pay, age of superannuation, retirement benefits and other terms and conditions
of service, the Governor is pleased to direct that for all categories mentioned above, the
recommendations of the Pay Commission shall be adopted with some modifications.
The Governor is also pleased to direct that the date of effect of the Revised Scales, the
matter of fixation of pay in the revised scales and other conditions of service of employees
shall be as set out in the following paragraphs.
1. Date of effect:
(1) The revised scale of pay shall notionally effective from the 1st January, 2006
as recommended by the Pay Commission.
(2) The pay and allowances of an employee which may be, admissible to him in
consequence of revision of pay shall be actually paid with effect from 1st
April, 2008.
(3) Mode of drawal of arrears of pay:-
The arrears pay to which an employee may be entitled in respect of the period
from the 1st April, 2008 to 31st March, 2009 shall be paid in three consecutive
equal yearly instalments in cash from the year 2009-2010.
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An employee, who retired after the 31st March, 2008 but before the issue of
this Memorandum, shall receive the arrears of pay which he may be entitled, in cash.
An employee, who retired on any date between the 1st January, 2006 and the
31st March, 2008 shall not receive any arrears of pay in respect of the period upto the
31st March, 2008.
2. Special Pay :
There shall be no special pay along with pay in the revised pay scale.
Definitions :-
In this memorandum, unless there is any thing repugnant to the subject or context –
(a) ‘Annexure’ means an annexure to this order.
(b) ‘existing basic pay’ means the pay drawn in the prescribed existing scale of
pay including stagnation increments if any, but does not include any other
type of pay.
(c) ‘existing emoluments’ means 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) ‘existing scale’ means –
(i) in relation to any post, the scale of pay shown against that post in Col. of
Annexure.
(ii) in relation to an employee the scale of pay to which the employee was
entitled on 1st January, 2006 in terms of Government Order No. 25-SE (B)
dated 12th February, 1999 and any other order or orders which might have
been issued in this regard.
(e) ‘employees’ means a member of the teaching and non-teaching staff of the
Non-Government/Sponsored/Aided Educational Institutions and other
organizations as mentioned in Annexure-I who have opted for the scale of
pay as revised in terms of Government Order in Memo. No. 25-SE (B) dated
12.2.99 and who is enjoying that scale of pay on the 1st January, 2006.
(f) ‘para’ means a paragraph of this order.
(g) ‘pay in the pay band’ means pay drawn in the running pay bands specified in
Annexure IX.
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(h) ‘Grade Pay’ means a fixed amount corresponding to the pre-revised pay
scale/posts.
(i) ‘revised pay structure’ in relation to any post specified in Annexure-VIII
means the pay band scale and grade pay specified against Col. (4) and Col.
(5) of that Part, unless a different revised pay in the pay band and grade pay
is notified separately for that post.
(j) ‘Basic pay in 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;
(k) ‘revised emoluments’ means the pay in the pay band plus the grade pay of
the employees in the revised pay structure and includes allowances if any,
admissible to him.
4. Scale of pay of post:
From the 1st January 2006, the pay band and grade pay of every post in the
institutions and Organizations as mentioned as mentioned in Annexure-I
including the teaching and non-teaching posts in Government Sponsored/
aided recognized institutions up to Class-XII standard shall be as specified in
Annexure VIII.
5. Drawal of pay in revised pay structure:
Save as otherwise provided in the order, every employee shall draw
pay in revised pay structure applicable to the post to which he/she is
appointed.
Provided that an employee may elect 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 an employee has been placed in
higher pay scale between the period from 1st January 2006 to the date of
notification of this order on account of up-gradation of pay scales etc., such
employee may elect to switch over to the revised pay structure from the date
of such up-gradation as the case may be.
Explanation-I: The option to retain the existing scale under first proviso of
the order shall be admissible only in respect of one existing scale.
Explanation-II: The aforesaid option shall not be admissible to any
employee appointed to a post on or after the 1st January 2006 whether for first
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time or by subsequent appointment by fresh selection and he shall be allowed
pay only in the revised pay structure.
6. Option:
(1) The option under the provision of para 5 shall be exercised within one
hundred and eighty days from the date of issue of this order to Head of
Institution variably.
(2) A teacher or a non-teaching employee of a Government
Aided/Sponsored Educational Institution who was in service on the 31st
December, 2005 and who did not retire on the after noon of that day may at
his discretion, retain his existing scale of pay (as is applicable to him on the 1st
January 2006) up to the 1st January 2007.
(3) The option once exercised shall be final.
Note – 1. An employee, who on the date of issue of this memorandum is on
leave or on deputation or otherwise, shall exercise the said option in writing so
as to reach the Head of the Office/Institution within one hundred and eighty
days from the date of his return from such leave or deputation.
Note – 2. An employee, who is under suspension on the date of issue of this
memorandum, shall exercise the said option so as to reach the Head of
Office/Institution within one hundred and eight days from the date of his
return to service after reinstatement.
Note – 3. If an employee, who was in service on the 31st December 2005 and
to whom this order applies, does not exercise option under the proviso to para
5 of this order, shall be deemed to have elected to be governed by the revised
scale of pay with effect from the 1st January 2006.
Note – 4. An employee, who died on or after the 1st January 2006 and could
not exercise option within the prescribed time limit shall be deemed to have
exercised option for the revised scale of pay from the 1st January 2006 or from
such subsequent date as is considered most beneficial to him.
Note – 5. The form in which option shall be exercised has been set out in
Annexure II.
Note – 6. An employee whose existing scale of the post was revised with
effect from any date notionally before publication of this order may be
allowed the benefits of exercising option under this order on the basis of
notional basic pay in the existing scale.
Note – 7. An employee whose service is terminated on or after 1st day of
April, 2008 and for those whose institutions have been de-recognized in the
meantime and who is unable to exercise option on account of discharge on the
expiry/abolition of the sanctioned posts, recognition dismissal or discharge on
disciplinary grounds within the prescribed period shall be entitled to the
benefits of exercising option under this order.
Note – 8. Where an employee exercises the option under the provisos to this
order 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 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 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 which ever is higher.
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Note – 9. The employee who is on lien/deputation to the posts like President/
Chairman of Board/Council, if he opts to be in the scale prescribed for such
post of President/Chairman, shall, submit two separate options – one for his
original post and another for his deputation post.
7. Fixation of initial pay in revised pay structure:
The initial pay of an employee who elects or is deemed to have elected
under Para 6 to be governed by the revised pay structure on and from the 1st
January, 2006, shall 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 had his
lien not been suspended and in respect of his pay in the officiating post held
by him in the following manner namely:
(a) in case of all employees, -
(i) the pay in the pay band of an employee who continued in service after 31st
December, 2005, shall be determined notionally as on 1st day of January, 2006, by
way of multiplying his existing basic pay by a factor of 1.86 and rounding off the
resultant figure to the next multiple of 10.
Provided that if the minimum of the revised pay band in higher than the
amount so arrived at in accordance with the provisions of this item, the pay shall be
fixed at the minimum of the revised pay band.
(i) And after the pay in the pay band so determined grade pay corresponding to
the existing scale shall be added.
(ii) In case of Headmaster/Headmistress, Assistant Headmaster etc. who are in
receipt of additional increments and are still getting the same for holding
such posts, the pay in the revised structure shall be fixed notionally in
accordance with the provisions of Para 7(a) above.
Provided that the pre-revised dearness allowance appropriate this additional
increments admissible at index average of 536 (1982=100) shall be added while
fixing the pay in the revised pay band.
Note – I : An employee who is on leave on the date of commencement of
this order and is entitled to leave salary shall become entitled to pay in the
revised pay structure from the date of actual effect of the revised
emoluments.
Note – 2: An employee under suspension shall continue to draw
subsistence allowance based on existing scale of pay and his pay in the
revised pay structure shall be subject to the final order of the pending
disciplinary proceedings.
Note – 3: Where the amount of existing emoluments exceeds the
revised emoluments in respect of any employee, the difference amount
shall be allowed as personal pay to be absorbed in future increases in
pay.
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Note – 4: (a) For the purpose of fixation of pay under this Para, every
employee, who held before the 1st January, 2006, a post substantively
and other post or posts on officiating basis, shall exercise option in the
appropriate form set out in Annexure II for fixation of initial pay
separately in the revised scale of pay of the substantive post and also in
revised scale of pay the officiating post. If the number of officiating
posts held by the employee is more than one, he shall exercise option
for fixation of initial pay in the revised scale in respect of the last
officiating post.
(b) If upon the fixation of pay under this rule the initial
pay of an employee fixed in the revised scale of pay of the substantive
post becomes either equal to or higher than, the pay fixed in the revised
scale of the officiating post, his initial pay in the revised scale of the
officiating post shall be re-fixed at the same stage as the ‘substantive
pay’.
Note – 5 : The pay of an employee who has been appointed/promoted
to a higher post in a higher scale of pay, or has got advancement to a
higher scale, on or after the 1st January, 2006, shall be fixed under this
Para with reference to the lower post/scale of pay and then his pay
shall be fixed in the revised scale of pay of the higher post, or revised
scale corresponding to the existing higher scale of pay as the case may
be.
In the case of an employee, who elects or is deemed to have elected to draw pay in
revised scale of pay with effect from1st January, 2006 when the normal date of increment
in the existing scale of pay is also 1st January, 2006, the in the existing scale should be
drawn first and thereafter the pay of the employee shall be fixed in the revised scale of pay
under this order.
Note – 6 : Wherein the fixation of pay under this order, the pay of an employee,
who,
immediately before the 1st day of January, 2006, was drawing more pay in the
existing scale of than another employee junior to him in the same cadre and same
institution gets fixed in the revised pay band at a stage lower than that of such
junior, his pay shall be stepped upto the same stage in the revised pay band as that
of junior.
Note – 7 : In case where a senior employee promoted to a higher post/grade before
the 1st day of January, 2006 draws less pay in the revised pay structure than his
junior in the same institution who is promoted to the higher post on or after 1st
January, 2006, the pay in the pay bands of senior employee should be stepped upto
an amount equal to the pay in the pay band as fixed for his junior in that higher
grade. The ‘stepping up’ shall be done with effect from the date of
promotion/awarding higher grade of the junior employee subject to fulfillment of
certain conditions as published in the Orders and Circulars of the Department
earlier:
Provided, the anomaly should arise directly as a result of the application of the
provision of normal rule/order or any other rule or order regulating fixation of pay on such
promotion/awarding higher grade in the revised pay structure. If even in the lower post, the
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junior employee was drawing more pay in the pre-revised scale than the senior by virtue of
any advance increment (for completion of courses like Ph.D./DL.E.T. etc.) granted to him,
the provision of this note shall not be applicable to step-up the pay of the senior employee.
Note – 8 : Where an employee is in receipt of personal pay on the 1st day of January,
2006, which together with his existing emoluments exceeds the revised
emoluments., the difference representing such excess shall be allowed to such
employee as personal pay to be absorbed in the future increases of the pay.
8. Fixation of pay in revised pay structure of employee appointed as fresh recruits
on or after 1st day of January, 2006:
(1) The pay of direct recruits to a particular post carrying a specific grade pay shall
be fixed on or after the 1st day of January, 2006, at the entry level pay in the pay band as
indicated in Annexure VII.
(2) The provision of sub-rule (I) shall also be applied in the case of those recruited
between the 1st day of January, 2006 and the date of publication of these rules :
Provided that where the emoluments in the pre-revised scale(s) i.e., sum total of the
basic pay in the pre-revised pay scale(s), dearness pay, if any, plus dearness allowance
applicable from the date of joining, exceeds the sum of the pay fixed in the revised pay
structure and the applicable dearness allowance thereon, the difference shall be ignored
upto the 31st May, 2008 and such difference in total emoluments for the period from 1st day
of April, 2008 to the date of publication of these rules, shall be regulated in accordance
with the provisions of rule 12.
9. Rate of increment in revised pay structure:
(1) The rate of increment in the revised pay structure shall be three per centum (3%)
of the sum of the pay in the pay band and grade pay applicable and the resulting amount
shall be rounded off to the next multiple of 10.
(2) The amount of increment shall be added to the existing pay in the pay band.
Provided that in case an employee, who reaches the maximum of his pay band after
addition of the amount of increment to the existing pay in the pay band, shall be placed in
the next higher pay bands after one year of reaching such a maximum and at the time of
placement in the higher pay band, benefit of one increment shall be allowed while the
grade pay shall remain the same in the higher pay band and such employee shall continue
to move in the higher pay band till his pay in the pay band reaches the maximum of pay
band-5 (PB-5).
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Provided further that in case an employee, who reaches the maximum of his pay
band after addition of the amount of increment to the existing pay in the pay band-5 (PB-5),
neither further increment shall be granted to such an employee nor such an amount of
increments shall be added to the existing pay in the pay band.
10. Date of increment in the revised pay structure:
(1) In respect of all employees, there shall be a uniform date of annual increment
and such date of annual increment shall be the 1st day of July of every year:
Provided that in case of an employee who had been drawing maximum of the
existing scale of pay for more than a year on the 1st day of January, 2006, the next
increment in the un-revised pay scale shall be allowed on the 1st day of January, 2006 and
thereafter the provision of this rule shall apply.
Note – 1 : In case of the employees completing six (06) months and above in the
revised pay structure as on 1st day of July, shall be eligible to be granted the
increment. The first increment after fixation of pay on the 1st day of January, 2006
in the revised pay structure shall be granted notionally on the 1st day of July, 2006
for those employees for whom the date of next increment was between 1st July, 2006
to 1st January, 2007.
Note – 2 : In case of the employees who earned their last increment between the
period commending from the 2nd day of January, 2005 and ending on the 1st day of
January, 2006, after fixation of their pay under revised pay structure, such employee
should get next increment on the 1st day of July, 2006.
Note – 3 : In case of the employee whose date of next increment falls on the 1st day
of January 2006, after granting an increment in the pre-revised pay scale as on the
1st January 2006, their pay in the revised pay structure should be fixed on the 1st
January 2006 and such employees should get their next increment on the 1st day of
July, 2006.
Note – 4. If an employee opts to come under revised pay structure any date between
the 1st January 2006 to the 1st day of July, 2006, his pay in the revised pay structure
should be fixed accordingly, but his date of next increment should be 1st day of July,
2007.
11. Fixation of Pay on promotion on or after 1st day of January, 2006:
(1) In case of promotion from one grade pay to another in the revised pay structure
on or after 1st January 2006, the fixation of pay of an employee shall be made in the
following manner, namely :-
a) one increment equal to three per centum (3%) of the sum of the pay
in the pay band and the existing grade pay shall be computed and rounded
off to the next multiple of 10;
b) the amount arrived at in clause (a) shall be added to the existing pay
in the band and in case the pay in the pay band after adding the increment is
less than the minimum of the higher pay band to which promotion is taking
place, pay in the pay band shall be stepped up to such minimum;
c) after the pay in the pay band so determined, grade pay corresponding
to the promotional post shall be granted in addition to this pay in the pay
band.
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(2) In case where promotion of an employee involves change in the pay band the
same methodology as mentioned in clause (a) to clause (c) of sub-rule (1) for
fixation of pay, shall be applicable.
(3) The benefit of fixation of pay available at the time of normal promotion
under this rule shall be allowed in case of non-functional movement to higher
scales.
Note I, - In case the employee opts to get his pay fixed from his date of next
increment, then, on the date of promotion, pay in the pay band shall continue to be
unchanged, but grade pay of the higher post shall be granted. Further re-fixation
shall be done on the date of his next increment, i.e., 1st day of July. On that day,
such an employee shall be granted two increments; one annual increment and the
second on account of promotion. While computing these two increments, basic pay
prior to the date of promotion and grade pay corresponding to such pay in the pay
band shall be taken into account. After allowing such increments, grade pay of the
higher post/ scale shall be allowed.
Note 2. – In case the employee opts to get his pay fixed in the higher grade from
the date of his promotion, he shall get his first increment in the higher grade on the
next 1st July, if he was promoted between the periods from the 2nd July to 1st
January. However, if he was promoted between periods commencing from the 2nd
January and ending on the 30th June of a particular year, he shall get his increment
on the 1st July of the next year.
12. Payment of arrears:
(1) Notwithstanding anything contained elsewhere in these rules, or in any other rules
for the time being in force, no arrears of pay to which an employee may be entitled
in respect of the period from the 1st January 2006 to the 31st day of March, 2008,
shall be paid to the employee.
(2) (a) The arrears of pay to which the employee may be entitled to in
respect of the period from the 1st day of April, 2008 to the 31st day of March, 2009,
shall be paid in three consecutive equal yearly instalments in cash from the year
2009-2010.
(b) An employee, who retired on any date between the 1st January 2006 to the
31st day of March, 2008, shall not be entitled to any arrears of pay for the period up
to the 31st day of March, 2008.
(c) An employee, who retired between the periods from 31st day of March,
2008 to the 1st day of April, 2009, but before publication of these rules in the
Official Gazette, shall receive arrears of pay for the period from the 1st April, 2008
to the date of his retirement, in cash.
Explanation: For the purpose of this rule, “arrears of pay”, in relation to an
employee, means the difference between the aggregate of pay and allowances to
which he is entitled on account of the revision of pay and allowances under these
rules for the period in question and the aggregate of the pay and allowances to
which he would have been entitled for that period had his pay and allowances not
been so received. The revised allowance (except for dearness allowance and nonpracticing
allowance) shall be payable only with effect from the 1st day of April,
2009.
13. House Rent Allowances:
With effect from the 1st April,2009 the House Rent Allowance admissible to
an employee shall be 15% of his revised basic pay i.e. aggregate of the band pay
plus Grade Pay and additional increments, if any, in the revised pay structure
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subject to a maximum of Rs. 6000/- per month. The ceiling of House Rent
Allowance drawn by husband and wife together shall also be raised to Rs. 6000/-
per month.
The existing terms and conditions of drawl of House Rent Allowance by
employees living in their own house or in a rental house shall continue to apply.
Subject to continuance of the existing terms and conditions regulating drawl
of House Rent Allowance by the employees provided with accommodation
owned/hired by the Authority and recovery of fixed rent/license fee from time, the
following conditions shall be there with effect from 1st April, 2009 in respect of
such categories of employees.
(1) When an official accommodation being in habitable condition in all respect
and such accommodation is earmarked for holder of a particular post without
any rent, the holder will not be entitled to House Rent Allowance for living
elsewhere.
(2) In case the employee pays rent or license fee for such official Government
accommodation, his reimbursement in the form of House Rent Allowance
will be limited to actual license fee/rent paid or 15% of the pay whichever is
lower.
14. Medical and other Allowance:
Medical and other allowances, not specifically covered in this order, shall
continue to be drawn with pay in the revised scale, the amount of such allowance
shall be Rs. 300/- per month from 1st April, 2009.
Dearness allowance payable with effect from 1st April, 2008 shall be at the
following rate:-
Period from which payable Rate of Dearness Allowance per month on
Basic Pay
01.4.2008 to 31.5.2008 2%
01.6.2008 to 31.10.2008 6%
01.11.2008 to 28.2.2008 9%
01.3.2009 to 31.3.2009 12%
01.4.2009 onwards 16%
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15. Over-riding effect of the order –
The provisions of this order shall have effect notwithstanding anything to the
contrary contained in any other rules, orders and notifications from the time being
in force, and all such rules, orders and notifications shall have effect subject to the
provision of these rules.
16. Relaxation:
Where the Governor is satisfied that the operation of all or any of the
provisions of this order causes undue hardship in any particular case or class of
cases, he may, by order, dispense with or relax the requirement of all or any of the
parts of the order to such extent and subject to such condition as he may consider
necessary for dealing with the case or class of cases in a just and equitable manner.
This order issues with the concurrence of the Finance Department their U.O.
No. 699 dated: 27.02.2009 Group ‘P’ (Service).
By the order of the Governor,
( K. John Koshy)
Additional Chief Secretary to the
Government of West Bengal.
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Annexure-I
1. Teachers and Non-teaching staff of :
(i) Government Sponsored or aided Primary Schools / Junior Basic Schools
(including Pre-Basic Schools)
(ii) Government Sponsored or Aided Junior High/ High / Higher Secondary
Schools upto Class XII standard.
(iii)Government Sponsored or Aided Training Institutes for Primary Teachers.
2. Employees of the District School Board, Darjeeling (Hill Areas)/ District Primary
School Councils/ Siliguri Sub-Divisional School Council.
3. Employees of the West Bengal Board of Primary Education.
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Annexure-II
Form of Option
* (i) I ………………………………………………………………………. Hereby elect
the revised pay structure with effect from 1st January, 2006.
* (ii) I ………………………………………………………………………. Hereby elect to
continue on the existing scale of pay of my substantive / officiating post mentioned below
until:
(a) the date of my next increment
the date of my subsequent increment raising my pay to Rs.
………………………………………………………… in the
existing scale.
(c) the date of my promotion to …………………………………………….. in the
existing scale of pay of Rs. ……………………………………………
Declaration.– I hereby undertake to refund to the Government any amount which may
be drawn by me in excess of what is admissible to me on account of erroneous fixation of pay
in the revised pay structure as soon as the fact of such excess drawal comes / brought to my
notice.
Date : ________________
Station : _______________
Signature _____________________________________
Name ________________________________________
Designation ___________________________________
Office in which employed ________________________
Institution ___________________________________
To be scored out, if not applicable.
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Annexure-III
Form for fixation of initial pay in the revised pay structure for :-
1. Teachers and Non-teaching staff of :
a) Government Sponsored or aided Primary Schools / Junior Basic Schools
(including Pre-Basic Schools)
b) Government Sponsored or Aided Junior High/ High / Higher Secondary
Schools upto Class XII standard.
c) Government Sponsored or Aided Training Institutes for Primary Teachers.
2. Employees of the District School Board, Darjeeling (Hill Areas)/ District Primary
School Councils/ Siliguri Sub-Divisional School Council.
3. Employees of the West Bengal Board of Primary Education.
Revision of Pay and Allowance Rules, 2009.
1. Name of the Institution/Office :
2. Name and designation of the employee :
3. Status (substantive / officiating) :
4. Existing scale of pay
(a) in substantive post
(b) in officiating / temporary post
:
:
5. Existing basic pay as on as on …………
(the date of option)
:
6. Pay after multiplication by a factor 1.86
and rounded off to next multiple of 10.
:
7. Revised pay band and Grade Pay
corresponding to existing scale
(as shown at sl. No. 4 above)
:
8. Pay in the revised pay band / scale in
which pay is to be fixed
:
9. Grade Pay to be applied in terms of
Revision of Pay and Allowance Rules,
2009
:
10. Revised basic pay (sl. No. 7 + sl. No. 8) :
11. Date of effect :
12. Date of next increment :
Signature of Head of Institution /Office
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