Fix Pay Case New Date :27/11/2018

Fix pay case on date 27/11/18
Case no.-1
Court No.-5
Save as otherwise provided by or under these rules, they shall apply to
persons appointed to civil services and posts in connection with the affairs
of the State of Gujarat.
(2) These rules shall not apply to -
(a) persons not in whole-time employment;
(b) persons paid out of contingencies;
(c) persons paid otherwise than on a monthly basis, including those
paid only on a piece-rate basis;
(d) persons appointed on work charged establishment or on daily rate
basis or persons employed casually except where in case of such
persons, the Government by order published in the Official
Gazette, provides otherwise;
(e) persons employed on contract except where the contract provides
otherwise;
(f) persons re-employed in Government service who are in receipt of
superannuation or retiring pension irrespective of whether such
pension is paid from the Consolidated Fund of the State or not;
(g) persons employed on consolidated pay system or fixed pay system;
(h) any other class or category of persons whom the Government may,
by order, specifically exclude from the operation of all or any of
the provisions of these rules.
Definition:- In these rules, unless the context otherwise requires –
(1) “existing basic pay” means pay drawn in the prescribed existing scale of pay,
including stagnation increment(s), but does not include any other type of pay
such as special pay, etc.;
CONSTITUTION
OF INDIA.
(2) “existing scale” in relation to a Government employee means the present
scale applicable to the post held by the Government employee or in case of a
Government employee drawing scale according to the Higher Pay Scale
Scheme (or, as the case may be, personal scale applicable to him) as on the 1st
day of January, 2006 whether in a substantive or officiating capacity;
Note:- The Higher Pay Scale Scheme is subject to review on the lines of
Government of India’s order as and when issued.
Explanation. - In the case of a Government employee, who was on the 1st
day of January, 2006 on deputation out of India or on leave or on foreign
service, or who would have on that date officiated in one or more lower posts
but for his officiating in a higher post, “existing scale” includes the scale
applicable to the post which he would have held but for his being on
deputation out of India or on leave or on foreign service or, as the case may
be, but for his officiating in a higher post.








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