Wednesday 16 November 2022

Regularisation of Contractual employees : Pay fixation procedure

1. The Odisha Group-B posts (Contractual Appointment) Rules, 2013 and the Odisha Group "C" and Group "D" posts (Contractual Appointment) Rules,2013 have been repealed by the Odisha Group "B", "C" and Group "D" posts (Repeal and Special Provisions) Rules, 2022 issued vide Notification No.29076 dated 16.10.2022 which have come into force from 17.10.2022 (i.e. the date of publication of the said rules in the Odisha Gazette).

2. As per provisions of the Contractual Repeal Rules,

a) The persons appointed under the Odisha Group-B posts (Contractual Appointment) Rules, 2013 issued on 17.1.2014 and the Odisha Group "C" and Group "D" posts (Contractual Appointment) Rules, 2013 issued on 12.11.2013 and now in position shall be regularized as on dated 17.10.2022.

b) After regularization. the pay of such employees shall be fixed by way of granting notional increments considering the date of their contractual appointment'
Illustration has been provided in Annexure-A.

c) The employees who have been regularly appointed in the service after completion of 6 years of service under the respective Contractual Rules shall be allowed for fixation of their pay as on the date 17.10.2022 by way of granting notional increments considering the date of their contractual Appointment. Illustration has been provided in Annexure-B

The corollary to the above are as follows:
(i) The date of initial appointment should be after 12.11.2013 in case of Group-C and D employees and after 17.1.2014 in case of Group-B employees.

(ii) The Grade Payl Pay Level of the regular post of appointment should be GP: Rs.1700,
Rs.1800, Rs.1900, Rs.2000, RS.2400, Rs.2800 & Rs.4200 corresponding to Pay Level of L-1, L-2, L-3, L-4, L-5, L-7, L-8 and L-9 respectively.

(iii)They should be in receipt of increment for completed years of service unless withheld otherwise in their consolidated remuneration as provided under the aforesaid Rules amended from time to time.

3. Fixation of pay in the revised pay structure shall be made by the Head of office/Competent Authority in the form appended to these rules as Annexure-B.

4. Excess payment to be recovered. 
The actual financial benefit shal be admissible. w.e.f. the date of Notification of the rule stated at paragraph I above. where in the course of fixation of pay by granting notional inc.ement under these rules, any amount drawn or received as pay by any Government servant under any rure is found to be in excess of the amount payable to him under thse rules, the excess amount so drawn or received shall be recovered from said Government servant for which he shall submit an undertaking as specified in Annexure-C.
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Illustrations:-
(a) Illustration 1: 
If a person was appointed during the year 2014 in the post of Junior Assistant in the pay Band Rs.5200-20200 with G.p. Rs.1900 gets regularized under the contractual Repeal Rules, his pay for the year 2014 and 2015 would be fixed at Rs.7100 (i.e. pay Rs.5200 + G.P. Rs.1900) and Rs.7320 [i.e. (pay Rs.5200 + G.P. Rs.1900) x 3% increment + pay Rs.5200 + G.P. Rs.1900 (i.e. 7313 rounded off to 7320) respectively as per provisions of ORSP Rules, 2008. Thereafter, for the year 2016, the pay as on 01.01.2016 shall be obtained by multiplying the basic pay so fixed for the year 2015 i.e. Rs.7320 by a factor of 2.57, rounded off to the nearest rupee i.e Rs 18813 and the figure so arrived at wi, be located in ce, of that Lever and if such an identical figure corresponds to any cell in the applicable Level of 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 fixed as per provisions of the ORSP Rules, 2017. In the instant case it is Rs.19900 (C1, L4).

If on fixation as on 1.1.2016, the pay falls on Cell-1 of the corresponding Level of the pay Matrix, the annual increment (A/I) shall be on the first January of next year i.e. 1.1.2017. If the fixation as on 1.1.2016 falls on Cell-2 onwards, the A/I date would be on the anniversary of last increment. Table-1 may be referred.
(b) Illustration 2:
If a person was appointed during the year 2015 in the post of Junior Assistant in the pay Band Rs. 5200 - 20200 with G.P. 1900 gets regularized under the Contractual Repeal Rules, his pay would be fixed for the year 2015 would be Rs.7100 (i.e. Pay Rs.5200 + G.P. Rs.1900) as per provisions of ORSP Rules, 2008. Thereafter, for the year 2016, the pay as on 01.01.2016 shall be obtained by multiplying the basic pay so fixed for the year 2015 i.e. Rs.7100 by a factor of 2.57, rounded off to the nearest rupee i.e. Rs. 19247 and the figure so arrived at is located as stated at para (a) above. The A/I will also be as stated in the above paragraph. Table-2 may be referred.

(c) Illustration 3:
If a person was appointed after 1.1.2016, in any post carrying any pay and GP, he will be placed at Cell-1 of the Level of the particular post in the pay Matrix under ORSP Rules, 2017 at the time of initial appointment. The annual increment will be notionally allowed on the date of anniversary till date of Notification. Table-3 may be referred.

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