Bare Acts Live

Central Acts and Rules Amended and Updated
  • Home
  • Central Acts
  • State Acts
    Delhi Local Acts Andhra Pradesh Local Acts Uttar Pradesh Local Acts West Bengal Local Acts Rajasthan Local Acts Jammu and Kashmir Local Acts Himachal Pradesh Local Acts Haryana Local Acts Punjab Local Acts Maharashtra Local Acts Kerala Local Acts Tamil Nadu Local Acts Goa Local Acts Bihar Local Acts Uttranchal Local Acts Jharkhand Local Acts Chhatisgarh Local Acts Madhya Pradesh Local Acts Assam & North East Local Acts Orissa Local Acts Gujarat Local Acts Telangana Local Acts Chandigarh Local Acts Karnataka Local Acts
  • Law Commission Reports
  • International Treaties
  • Join Law Finder

    • 1. Short title, commencement and application.
    • 2. Definitions.
    • 3. Revised Scale of pay.
    • 4. Drawal of pay in the Revised Scale of pay.
    • 5. Exercise of Option.
    • 6. Fixation of Initial Pay in the Revised Scale of Pay.
    • 7. Date of Next Increment in the Revised Scale of Pay.
    • 8. Fixation of Pay in the Revised Scale of Pay subsequent to 1st day of January, 2006.
    • 9. Payment of Arrears of Pay.
    • 10. Overriding Effect of Rules.
    • 11. Assured Career Progress Scales.
    • 12. Power to Relax.
    • 13. Interpretation.

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]


Notification No. 5919/1512/21c@N0x0/2010, dated the 14th June, 2010. - In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, and in compliance with the recommendations made by One Man Commission headed by Justice E. Padmanabhan (Retired) constituted by the Interim Order dated 28-4-2009 in I.A. No. 244 passed by the Hon'ble Supreme Court in Writ Petition (C) No. 1022 of 1989 in case of All India Judges Association and others v. Union of India and others, [2002 AIR SCW 1706 : (2002) 4 SCC 247] the Governor of Chhattisgarh, hereby makes the following rules in respect of revision of pay of the Members of Chhattisgarh Lower and Higher Judicial Service, namely :-

1. Short title, commencement and application. - (1) These rules shall be called the Chhattisgarh Lower and Higher Judicial Service (Revision of Pay) Rules, 2010.

(2) They shall be deemed to have come into force on the 1st day of January, 2006

(3) They shall apply to all the Members of the Chhattisgarh Lower and Higher Judicial Service.

2. Definitions. - In these rules, unless the context otherwise requires : -

(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.

Explanation. - Where increment in the existing scale of pay is payable on 1st January, 2006, it shall be treated as part of basic pay.

(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.

3. Revised Scale of pay. - From the date of commencement of these rules, the scale of pay of every post carrying existing scale of pay shall be as specified in the corresponding entry shown in column (4) of Schedule I or Schedule II, as the case may be.

4. Drawal of pay in the Revised Scale of pay. - Save as otherwise provided in these rules, a Member of Lower/Higher Judicial Service shall draw pay in the revised scale or pay applicable to the post to which he is appointed :

Provided that a Member of Lower/Higher Judicial Service may elect to continue to draw pay in the existing scale of pay until the date on which he earns his next or subsequent increment in the existing scale of pay or until he vacates his post or ceases to draw pay in the scale.

Explanation. - (1) The option to retain the existing scale of pay under the proviso to this rule shall be admissible only in respect of one existing scale or pay.

Explanation. - (2) The aforesaid option shall not be admissible to any person appointed to a post on or after 1st day of January, 2006 whether for the first time in Government service or by transfer or promotion from another post and he shall be allowed pay only as admissible in the revised scale of pay.

5. Exercise of Option. - (1) The option under the proviso to Rule 4, shall be exercised by a Member of Lower/Higher Judicial Service in writing in the "Form" appended to these rules within three months from the date of publication of these rules or where an existing scale has been revised by any order made subsequent to that date, within three months, from the date of such order : -

Provided that -

(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.

(2) The option shall be communicated by the Member of Lower/Higher Judicial Service -

(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.

(3) If the option is not received from a Member of Lower/Higher Judicial Service within the time limit fixed under sub-rule (1), he shall be deemed to have opted for the revised scale of pay, with effect from 1-1-2006.

(4) On receipt of option, the same shall be certified by the Head of Office or High Court of Chhattisgarh, Bilaspur as the case may be. The option shall be pasted in the Service Book of concerned Judicial Officer.

(5) The option once exercised shall be final. If any correction or overwriting is found on the option, it will not be accepted.

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.

6. Fixation of Initial Pay in the Revised Scale of Pay. - (1) The initial pay of a Member of Lower/Higher Judicial Service, who opts or is deemed to have opted the revised scale of pay under Rule 5, shall be fixed separately in respect of his substantive pay in the permanent post on which he holds lien or would have held a lien if had not been suspended, and in respect of his pay in the officiating post held by him shall be determined on revised pay stage as shown before existing pay stage with reference to master pay stage of Schedule III attached to these Rules.

(2) While fixing pay in the revised scale the following rule shall also Be followed : -

(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.

7. Date of Next Increment in the Revised Scale of Pay. - (a) The next increment of a Member of Lower/Higher Judicial Service whose pay has been fixed in the revised scale of pay in accordance with the provision of Rule 6 shall be granted on the date on which he would have drawn his increment had he continued in the existing scale of pay.

(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.

8. Fixation of Pay in the Revised Scale of Pay subsequent to 1st day of January, 2006. - (1) (i) where a Member of Lower Judicial Service continues to draw his pay in the existing scale of pay and is brought over to the revised scale of pay from a date later than the 1st January, 2006 his pay from the later date in the revised scale of pay shall be fixed under Fundamental Rules, with reference to his basic pay in the existing scale of pay.

(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.

(2) A member of Higher Judicial Service, who has officiated in a post prior to 1st January, 2006 but was not holding that post on 1st January, 2006 and who, on subsequent appointment to that post, draws pay in the revised scale of pay, shall be allowed the benefit of the proviso to F. R. 22 to the extent it would have been admissible to him had he been holding that post on the 1st January, 2006 and had elected the revised scale of pay on the date.

9. Payment of Arrears of Pay. - The revised pay as a result of fixation of pay undei these rules shall be payable in cash from 1st June, 2010 (i.e. pay for the month of June, 2010 payable in July, 2010). 40% of amount of arrears of revised pay (from 1st January, 2006 to 31st May, 2010) shall be deposited forthwith in the General Provident Fund/Contributory Pension Scheme Account of respective Judicial Officers. Half of remaining 60% of the arrears of revised pay means 30% amount shall be paid in financial years 2010-11 and remaining 30% amount shall be paid in financial year 2011-2012.

Explanation. - For the purpose of this rule : -

(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.

10. Overriding Effect of Rules. - In cases where the pay is regulated by these rules, the provisions of Fundamental Rules and I.A.S. (Pay) Rules, 1954 shall not apply to the extent they are inconsistent with these Rules.

11. Assured Career Progress Scales. - ACP Scale described in revised scale should not be automatic but on the appraisal of their work and performance by the recommendation of a committee of senior judges of the High Court constituted by Hon'ble Chief Justice of the High Court.

12. Power to Relax. - The State Government in consultation with the High Court may relax or suspend the operation of the provisions of these rules in the case of Judicial Officers or category of Judicial Officers in such a manner and to such extent as may appear to it, to be just and equitable or necessary or expedient in the public interest:

Provided that such relaxation or suspension shall not operate to the disadvantage of the Judicial Officer or categories of Judicial Officers, as the case may be.

13. Interpretation. - If any question arises relating to the interpretation of these rules, it shall be referred to State Government in Finance Department, whose decision thereon shall be final.

Form of Option

[See Rule 5]

I...............hereby elect to draw my pay in the Revised pay structure with effect from 1st January, 2006.

Or

I....................hereby elect to continue on the existing scale of pay of Rs.............. of my substantive/officiating Post of...............until

*(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..........

Station..............

Date.................

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

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

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

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

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

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

*(strike off if inapplicable)

For Office Use Only

Certified that the option submitted by Shri/Smt./Ku./..................(name) is received in the office on.........................................

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

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

Schedule I

S. No.

Name of Post

Existing Pay Scale

Revised Pay Scale

Remarks

(1)

(2)

(3)

(4)

(5)

1.

Civil Judge (Junior Division) Civil Judge Class II (Entry Level)

9000-250-10750-300-13150-350-14550

27700-770-33090-920-40450-1080-44770

-

2.

Civil Judge (Junior Division) First Stage of A.C.P. Scale

10750-300-13150-350-14900

33090-920-40450-1080-45850

After completion of five years service in the pay scale of Civil Judge (Entry Level)

3.

Civil Judge (Junior Division) Second Stage of A.C.P. Scale if not promoted as Senior Civil Judge

12850-300-13150-350-15950-400-17550

39530-920-40450-1080-49090-1230-54010

After completion of five years service in the pay scale of Civil Judge (Superior Scale)

4.

Senior Civil Judge (Civil Judge Class I)

12850-300-13150-350-15950-400-17550

39530-920-40450-1080-49090-1230-54010

-

5.

Senior Civil Judge (First Stage of A.C.P. Scale)

14200-350-15950-400-18350

43690-1080-49090-1230-56470

After completion of five years service as Senior Civil Judge (Promotion Grade)

6.

Senior Civil Judge (Selection Grade) C.J.M./A.C.J.M.

14200-350-15950-400-18350

43690-1080-49090-1230-56470

-

7.

Senior Civil Judge (Selection Scale) Second stage of A. C.P. scale if not promoted to the Cadre of District Judge in H.J.S.

16750-400-19150-450-20500

51550-1230-58930-1380-63070

On completion of five years service on the post Senior Civil Judge (Superior Scale) C.J.M./ A.C.J.M. First Stage A.C.P. Scale.

Schedule II

S. No.

Name of Post

Existing Pay Scale

Revised Pay Scale

Remarks

(1)

(2)

(3)

(4)

(5)

1.

District Judge (Entry Level)

16750-400-19150-450-20500

51550-1230-58930-1380-63070

-

2.

District Judge (Selection Grade)

18750-400-19150-450-21850-500-22850

57700-1230-58930-1380-67210-1540-70290

Appointment shall be made on the basis of merit-cum seniority provided that no Member of the Service shall be appointed to the category unless he has put in minimum service of five years on the post of District Judge (Entry Level).

3.

District Judge (Super Time Scale).

22850-500-24850

70290-1540-76450

Appointment shall be made on the basis of merit-cum seniority provided that no Member of the Service shall be appointed to the category unless he has put in minimum service of three years as District Judge (Selection Grade).

Schedule III

(Pay-Stages)

S. No.

Existing

Revised

S. No.

Existing

Revised

Pay

Increment

Pay

Annual Increment

Pay

Increment

Pay

Annual

Increment

(1)

(2)

(3)

(4)

(5)

(1)

(2)

(3)

(4)

(5)

1.

9000

250

27700

770

20.

14550

350

44770

1080

2.

9250

250

28470

770

21.

14900

350

45850

1080

3.

9500

250

29240

770

22.

15250

350

46930

1080

4.

9750

250

30010

770

23.

15600

350

48010

1080

5.

10000

250

30780

770

24.

15950

400

49090

1230

6.

10250

250

31550

770

25.

16350

400

50320

1230

7.

10500

250

32320

770

26.

16750

400

51550

1230

8.

10750

300

33090

920

27.

17150

400

52780

1230

9.

11050

300

34010

920

28.

17550

400

54010

1230

10.

11350

300

34930

920

29.

17950

400

55240

1230

11.

11650

300

35850

920

30.

18350

400

56470

1230

12.

11950

300

36770

920

31.

18750

400

57700

1230

13.

12250

300

37690

920

32.

19150

450

58930

1380

14.

12550

300

38610

920

33.

19600

450

60310

1380

15.

12850

300

39530

920

34.

20050

450

61690

1380

16.

13150

350

40450

1080

35.

20500

450

63070

1380

17.

13500

350

41530

1080

36.

20950

450

64450

1380

18.

13850

350

42610

1080

37.

21400

450

65830

1380

19.

14200

350

43690

1080

38.

21850

500

67210

1540

SI No.

Existing Revised

Existing Revised

Pay

Increment

Pay

Annual Increment

(1)

(2)

(3)

(4)

(5)

39.

22350

500

68750

1540

40.

22850

500

70290

1540

41.

23350

500

71830

1540

42.

23850

500

73370

1540

43.

24350

500

74910

1540

44.

24850


76450


Bare Acts Live

Copyright © 2016 Chawla Publications (P) Ltd. - Home | About Us | Contact Us

Revolutionising Law Reporting !
Install Now! Install Now! Install Now!
Biggest Law Library in Mobile
Install Now! Install Now! Install Now!
Get it Now !
You will Never Need a Law Reporter or Back Volumes
Instant Activation !

title

Headlines with Full Text of Cases!
Install Now! Install Now!
Searchable Back Volumes from 1950 !
Install Now! Install Now! Install Now!
Searchable Back Volumes !
Install Now! Install Now! Install Now!
With Searchable Back Volumes from 1950 !
Install Now! Install Now! Install Now!