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Chhattisgarh Lower and Higher Judicial Service (Revision of Pay) Rules, 2010

Published vide Notification No. 5919/1512/21c@N0x0/2010, dated 14th June, 2010

Last Updated 14th October, 2019 [cg173]

(a) "Schedule" means schedule appended to these rules;

(b) "Basic Pay" means pay as defined in Rule 9 (21) (a) (i) of the Fundamental Rules;

(c) "Existing Scale of Pay" means,

(i) the pay scale mentioned in column (3) of Schedule I in respect of the post mentioned in column (2) of the said Schedule.

(ii) the pay scale mentioned in column (3) of Schedule II in respect of the post mentioned in column (2) of the said Schedule.

(d) "Pre-Fixation Emoluments" shall include the basic pay in the existing scale as on 1-1-2006.

(e) "Revised scale of Pay" means,

(i) in relation to the corresponding scale of pay specified in column (4) against the existing scale of pay mentioned in column (3) of Schedule I mentioned therein;

(ii) in relation to the corresponding scale of pay specified in column (4) against the existing scale of pay mentioned in column (3) of Schedule II.

(a) in case of a Member of Lower/Higher Judicial Service who, on the date of publication of these rules or, on the date of such order, as the case may be, is on leave or on deputation outside the State or on foreign service out of India, may exercise the said option within the time limit prescribed under this rule or within three months from the date of his taking over charge under the State Government.

(b) where a Member of Lower/Higher Judicial Service is under suspension on the 1st day of 2006, the option may be exercised within three months of the date of his return to duty, if that date is later than the dates prescribed in this sub-rule.

(c) where a Member of Lower/Higher Judicial. Service, who was on duty as on 1-1-2006 and was suspended subsequently and is still under suspension on the date of publication of these rules, the option may be exercised in the manner as provided in clause (b).

(d) those Members of Lower/Higher Judicial Service retiring after 1-1-2006 and before publication of these rules shall also exercise option under this rule.

(a) if he is a Member of Lower Judicial Service to the Head of his Office ;

(b) if he is a Member of Higher Judicial Service to the High Court of Chhattisgarh, Bilaspur.

Note. - (1) Persons whose services were terminated on or after 1-1-2006 and who could not exercise the option within the prescribed time limit, on account of death, discharge on the expiry of sanctioned posts, resignation, dismissal or discharge on disciplinary grounds, are entitled to the benefit of this rule.

(2) A Member of Lower/Higher Judicial Service, who has died on or after 1-1-2006 but before the date of publication of these rules or who dies after the publication of these rules but before the period prescribed for exercise of options without exercising the option shall be deemed to have opted for that scale of pay, that may be found beneficial to him by the authority concerned and his pay shall be fixed accordingly.

(a) In case, an officer drawing pay in the pre-revised scale (existing scale), equal to or less than that of his senior/seniors in the same cadre and similarly appointed, drawn his next increment in the revised scale on the date earlier than such senior/seniors whereby his pay is raised to a state higher than that of such senior/seniors, the date of next increment of the senior/seniors shall be advanced to the date on which the junior officer draws his next increment.

(b) In case an Officer promoted to a higher post before 1-1-2006 draws less pay in the revised scale than his junior shall be advanced to an amount equal to the pay fixed for his junior in the higher post, from the date of promotion of the junior.

(b) If an Officer draws his next increment in the revised scale under clause (a) above and thereby becomes eligible for higher pay than his senior whose increment falls due on a later date then the pay of such senior shall be re-fixed equal to the pay of the junior from the date on which the junior becomes entitled to higher pay.

(c) In case where the pay of an officer is stepped up in terms of clause (b) above the next increment shall be granted to him after completion of one "ear from the date of such stepping up.

(ii) where a Member of Higher Judicial Service continues to draw his pay in the existing scale of his pay and is brought over to the revised scale of pay from a date later than 1-1-2006 his pay from the later date in the revised scale of pay shall be fixed under Indian Administrative Service (Pay) Rules, 1954 with reference to his basic pay in the existing scale of pay.

(a) "arrears of pay" means the difference between : -

(i) the aggregate of the Pay, Allowances and other emoluments which he is entitled on account of revision of pay under these rules, for the relevant period; and

(ii) the aggregate of Pay, Allowance and other emoluments which he have been paid as per entitlement (whether such pay, and other allowances have been received or not) for that period had his Pay, D.A. and other allowances not be so revised.

Form of Option

[See Rule 5]

Or

*(a) The date of my next increment or

or *(b) The date of subsequent increment raising my pay to Rs...............

or *(c) I vacate the post or cease to draw pay in the existing scale of Rs..........

Signature......................................

Name ..........................................

Designation..................................

Office in which employed.............

...................................................

For Office Use Only

Signature ...............................

Designation .............................

Schedule I

Schedule II

Schedule III

(Pay-Stages)