TAMILNADU 6TH PAY COMMISSION RULES

Tuesday, June 9, 2009
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The following notification will be published in the Tamil Nadu Government
Gazette :--
NOTIFICATION
In exercise of the powers conferred by the proviso to Article 309 of the
Constitution of India, the Governor of Tamil Nadu hereby makes the following rules,
namely:--
RULES
Short title and Commencement :
(1) These rules may be called the Tamil Nadu Revised Scales of Pay Rules,
2009.
(2) They shall be deemed to have come into force notionally on the 1st January,
2006 and with monetary benefit from 1st January, 2007.
2. Definition:-- In these Rules, unless the context otherwise requires:--
(i) ‘ basic pay ’ means pay as defined in FR 9 (21) (a)( i ).
(ii) “present emoluments” shall comprise,
(a) the basic pay as on the 1st January, 2006 of a Government employee
in the existing pay scale.
Note :- (i) In the case of employees drawing personal pay on 1st
January, 2006 in the existing scales of pay, which as per the
existing rules should be absorbed in the increments, will
continue to be drawn in the revised pay and will be absorbed
in future increments and as such this will not be included in
the basic pay defined in clause (a) above.
(ii) In the case of employees drawing personal pay in the existing
scales of pay, which as per the existing rules / orders should
not be absorbed in the increments, such personal pay shall be
treated as pay for purpose of clause (a) above and will be
discontinued in the revised pay.
(b) “existing emoluments” mean the sum of (i) existing basic pay +
personal pay (if admissible), (ii) dearness pay with reference to the
basic pay and (iii) dearness allowance appropriate to the basic pay
plus dearness pay at an index average 536 (1982 = 100).
(c) “pay in the pay band” means pay drawn in the running pay bands
specified in the Schedule.
(d) “Grade pay” is the fixed amount corresponding to the pre-revised pay
scales / posts.
(e) “Basic pay “ in the revised pay structure means the pay drawn in the
prescribed pay band plus the applicable grade pay but does not include
any other type of pay like Special Pay.
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3. (1) Revised Scale of Pay of Posts : -- The revised scale of pay for the
existing scale of pay specified in column (2) of Schedule—I shall mean the revised
pay specified in column (3) and grade pay specified in column(5) thereon.
(2) Application of Revised Scales of Pay : -- Save as otherwise
provided in these Rules, there shall be paid to holders of all posts in a substantive or
in officiating capacity or appointed temporarily under rule 10 (a) (i) or promoted
temporarily under rule 39(a)(i) of the General Rules for the Tamil Nadu State and
Subordinate Service Rules (including those under suspension or on deputation or on
foreign service or on leave or suspended lien) pay calculated in the revised scales
of pay.
4. Fixation of Pay in the revised pay structure:-- The initial pay of a
Government employee who elects to be governed by the revised pay structure from
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 had a lien if it had not been
suspended and in respect of his pay in the officiating post held by him, in the
following manner, namely :--
(1) In the case of all employees :--
(i) The pay in the pay band / pay scale shall be determined by multiplying
the existing basic pay as on 1—1—2006 by a factor of 1.86 and
rounding off the resultant figure to the next multiple of 10.
(ii) If the minimum of the revised pay band / pay scale is more than the
amount arrived at as per (i) above, the pay shall be fixed at the
minimum of the revised pay band / pay scale;
(iii) Where, in the fixation of pay, the pay of Government employees
drawing pay at two or more consecutive stages in the existing scale
gets bunched, that is to say gets fixed, in the revised pay structure at
the same stage in the pay band, then for every two stages so bunched,
benefit of one increment shall be given so as to avoid bunching of
more than two stages in the revised running pay bands. For this
purpose, the increment will be calculated on the pay in the pay band
only and grade pay should not be taken into account for the
purpose of granting increments to alleviate bunching.
(iv) In the case of pay scales in Higher Administrative Grade (HAG) in the
Pay Band—4, benefits of increments due to bunching shall be given
taking into account all the stages in different pay scales in this grade.
(v) If by stepping up of the pay as above, the pay of a Government
employee gets fixed at a stage in the revised pay band / pay scale
(where applicable) which is higher than the stage in the revised pay
an employee who was drawing pay at the next higher stage or stages
in the same existing scale is fixed, the pay of the latter shall also be
stepped up only to the extent by which it falls short of that of the
former.
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(vi) the pay in the pay band will be determined in the above manner. In
addition to the pay in the pay band, grade pay corresponding to the
existing scale will be payable.
NOTE :-- See Illustration -- 1 to 9 in Schedule—III to these rules.
(2) If a Government employee is on leave on 1st January 2006, he shall be
entitled to the revised pay structure from that date, but the pay so fixed in the revised
scale shall be admissible to him only from the date of his return to duty in the post
after the expiry of leave and the period commencing on the 1st January 2006 and
ending with the date of such return will count for future increment in the revised pay
structure depending on whether it will count for future increments in the existing
scale.
(3) Similarly where a Government employee is on study leave on the first
day of January, 2006 he will be entitled to the benefits under these Rules from
1—1—2006 or the date of option.
(4) A Government employee who on the 1st January 2006 is on leave
preparatory to retirement, shall be entitled to choose his pay either in his substantive
post or in the officiating post in the revised scale with effect from date for the purpose
of computing his gratuity and pension.
(5) If a Government employee was under reduction of pay or stoppage of
increment as a penalty on the 1st January 2006 his pay shall be fixed in the revised
pay structure on the basis of present emoluments he drew on the 1st January 2006
and he shall continue to draw the pay so fixed in the revised scale till the expiry of
the period of penalty. His pay in the revised scale shall be refixed immediately
following the date of expiry of the period of penalty with reference to the present
emoluments which he would have drawn on the 1st January, 2006 taking the fact into
consideration whether the penalty awarded is with or without cumulative effect. If,
for instance, a Government employee’s increment falling due on the 1st January,
2006 had been postponed for a year without cumulative effect, his actual present
emoluments as on the 1st January 2006 would be the basis for determination of his
revised pay with effect from the 1st January, 2006 and the pay so fixed shall be in
force upto the 31st December 2006. However, for purpose of determination of his
pay with effect from 1st January 2007 his pay on the 1st January 2006 shall be refixed
notionally based on the present emoluments which he would have received on the
1st January 2006 but for his penalty and he will get the next increment on the 1st
January 2007 from that stage.
(6) If, however, the penalty of stoppage of increment due on the 1st January
2006 had been awarded with cumulative effect, the revised pay shall be fixed based
on the actual present emoluments as on the 1st January 2006. There shall be no
refixation of pay in this case.
(7) If a Government employee is under suspension on the 1st January 2006,
or if he was discharged or reverted from a post before that date and is reappointed
to that post after that date, he shall be entitled to the revised scales of pay only from
the date on which he returns to duty in the post or from the date of his reappointment
to that post.
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5. Rectification of anomaly of Junior getting more pay than Senior :--
(1) In cases where a senior Government employee appointed to a higher post
before the 1st day of January, 2006 draws less pay in the revised pay structure than
his junior who is appointed to the higher post on or after the 1st day of January, 2006,
the pay in the pay band of the senior Government employee should be stepped up to
an amount equal to the pay in the pay band as fixed for his junior in that higher post.
The stepping up should be done with effect from the date of appointment of the
junior Government employee subject to the fulfilment of the following conditions,
namely :--
(a) both the junior and the senior Government employees should belong
to the same category and should have been promoted to the same
post.
(b) the pre-revised scale of pay and the revised scale of pay along with
grade pay of the lower and higher posts to which they are entitled to
draw pay should be identical.
(c) the senior Government employee at the time of appointment should
have been drawing equal or more pay than the junior.
(2) The anomaly should have arisen directly as a result of the introduction of
the revised scales of pay.
(3) Where a junior who opts to come over to the revised scale from a date
subsequent to 1st January 2006 and happens to get more pay than that of his senior
by way of fitment benefit, then the pay of the senior shall be stepped up to the level
of the pay of the junior with effect from the date from which the junior draws such
higher pay, provided that the senior was drawing pay higher than or equal to the pay
of the junior in the pre-revised scales of pay from time to time.
6. Rate of Increment in the Revised Pay Structure:
The rate of increment in the revised pay structure shall be three per cent of
the sum of pay in the Pay Band and Grade Pay applicable which shall be rounded off
to the next multiple of 10. The amount of increment shall be added to the existing
pay in the Pay Band.
7. Date of Annual Increments in the Revised Pay Structure:
(i) The Government employees shall be permitted to draw their annual increment
in the revised pay structure in four quarters admissible in the existing scale of
pay as the case may be viz. 1st January, 1st April, 1st July and 1st October.
(ii) The next increment of a Government employee in the revised pay scale shall
be granted on the date he would have drawn increment had he continued in
the existing pay scale.
(iii) If a Government employee draws his next increment in the revised pay scale
under sub-rule (ii) above and thereby becomes eligible for higher pay than his
senior whose next increment falls due at a latter date, then the pay of such
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senior shall be refixed equal to the pay of the junior from the date on which
the junior becomes entitled to higher pay.
(iv) In the case of Government employees who had been drawing stagnation
increment beyond the maximum of the existing scale of pay and stagnating at
the maximum in the existing scales for more than a year as on 1st January,
2006, the next increment in the revised scale shall be allowed on the 1st
January, 2006 itself and subsequently sanctioned biennial increments.
NOTE : See Illustration – 1 to 9 in Schedule – III to these rules.
8. Option :--
(1) A Government employee may exercise option to remain in the existing
scale of pay until the date on which he earns his next or any subsequent increments
in the existing scale of pay or until he vacates his post or ceases to draw pay in that
pay scale ;
Provided that, if a Government employee does not exercise his option within
the period specified below he shall be deemed to have opted for the revised scales
of pay with effect from the 1st January, 2006.
(2) The option shall be exercised in writing in the Form given in Schedule-IV
to these Rules within three months from the date of publication of these Rules and
intimated by the Government employee :--
(i) if his pay and allowances are drawn by the head of his office, to the head
of his office;
(ii) if he is a self-drawing Government employee, to his Pay and Accounts
Officer / Treasury Officer / Sub-Treasury Officer concerned.
Provided that in the case of a Government employee who was on leave on
that date or who was discharged from service before and was not in the service on
that date, or who was on deputation or on foreign service, the option shall be
exercised in writing within a period of three months from the date on which he
returns from leave, or is reappointed to the post, or rejoins duty in the State, as the
case may be.
(iii) Where a Government employee is under suspension on the 1st January,
2006, the option may be exercised within three months from the date on
his return to duty if that date is later than the date prescribed in this subrule.
(iv) The option once exercised shall be final.
(v) If a Government employee opts to remain in the existing scale of pay for a
specified period, he shall be entitled to draw pay in the existing pay scale
during that period and also the amount of dearness allowance and other
allowances at the existing rates and shall be fixed in the revised pay scale
at the end of the period specified in accordance with the provisions under
these Rules.
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NOTE: (1) Persons whose services were terminated on or after the 1st January,
2006 and who could not exercise the option within the prescribed time
limit on account of discharge on the expiry of the sanctioned post,
resignation, dismissal or discharge on disciplinary grounds are entitled
to the benefits in this rule.
NOTE: (2) Persons who have died on or after 1st January 2006 and could not
exercise the option within the prescribed time limit be deemed to have
opted for the revised scales on and from the 1st day of January 2006
or such later date as is more beneficial to their dependent, if the
revised pay scales are more favourable and in such cases, necessary
action for payment of arrears should be taken by the Head of Office
immediately.
9. Fixation of Pay of Employees appointed on or after 1—1—2006.
Fixation of pay in the revised pay structure of employees appointed as fresh
recruits on or after 1—1—2006, the entry level pay in the pay band at which the pay
of direct recruits to a particular post carrying a specific grade pay shall be fixed on or
after 1—1—2006. This procedure is also applicable in the case of those recruited
between 1—1—2006 and the date of issue of this Notification / Orders. In such
cases, where the emoluments in the pre-revised pay scale(s) [i.e. basic pay in the
pre-revised pay scale(s) plus Dearness Pay plus Dearness Allowance applicable on
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 allowed as
personal pay to be absorbed in future increments in pay.
10) Fixation of Pay on Promotion on or after 1—1—2006.
In the case of promotion from one grade pay to another in the revised pay
structure, the fixation shall be done in the manner given below:--
One increment equal to three per cent 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. This will be added to the existing pay in the pay band. The difference in grade
pay corresponding to the promotion post and the feeder post will thereafter be
granted in addition to this pay in the pay band. In cases where promotion involves
change in the pay band also, the same methodology shall be followed. However, if
the pay in the pay band after addition of the increment is less than the minimum of
the higher pay band to which promotion is taking place, pay in the pay band will be
stepped to such minimum.
11. Date of effect :
The revised pay scales / Special time scales of pay / Consolidated Pay /
Fixed Pay / Honorarium shall take notional effect from 1st January, 2006 and with
monetary benefit from 1st January, 2007.
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12. Power to remove difficulties:
The Government may, by order, remove any difficulty that may arise in giving
effect to the provisions of these Rules.
13. Power to amend the rules:
(1) The Government may, by order, amend the Rules:
(2) All references made in these Rules shall be considered as relating to the
rules as amended from time to time in exercise of the powers conferred by
these Rules.
14. Effect of other rules:
Save as otherwise provided in these Rules, no provision of any other rules
made or deemed to have been made under the proviso to Article 309 of the
Constitution of India shall, in so far as it is inconsistent with any of the provision of
these Rules, have any effect.
(BY ORDER OF THE GOVERNOR)
K. GNANADESIKAN,
PRINCIPAL SECRETARY TO GOVERNMENT.
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