J&K SFC HSPSS Regulations_2008 - J&K State Forest Corporation

The Jammu and Kashmir State Forest Corporation
SFC Order: 385 of 2008
Date: 15 th October, 2008
Whereas the Corporation, in the 60 th Meeting of Board of Directors held
on 27 th February 2008, approved the implementation of Higher Standard Pay
Scale Scheme subject to previous approval of the Government; and
Whereas the Government, vide No. FST/SFC/41/2008 dated 22 nd
September 2008, has communicated the approval for implementation of
Higher Standard Pay Scale Scheme in the Jammu & Kashmir State Forest
Corporation.
Therefore, in exercise of the powers conferred by Section-34 of the
Jammu & Kashmir State Forest Corporation Act, 1978 (Act No. XII of 1978),
the J&K State Forest Corporation, with the previous approval of the
Government, hereby makes the following Regulations, namely:
1 Short title. - These Regulations may be called the Jammu & Kashmir
State Forest Corporation Employees (Higher Standard Pay Scale Scheme)
Regulations, 2008.
2 Commencement. - These Regulations shall come into force with effect
from 1 st January, 2008.
3 Extent of application. -
i.These Regulations shall apply to:
a) all categories of employees carrying the pay scale including
Rs 6,600-10,450 and below, except as provided elsewhere in
these Regulations, who are working either on regular or in
temporary capacity in graded scales;
b) such other categories of employees as may be specified by
the Corporation from time to time.
ii. These Regulations shall not apply to:
a) employees in the pay scale of Rs 6700-10,760 and above;
b) employees engaged in part time employment;
c) Government employees on deputation to SFC;
d) persons engaged on contract basis;
e) persons employed on work charged establishment;
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f) persons employed on consolidated wages
g) persons employed on adhoc basis;
h) employees under suspension;
i) persons on re-employment;
j) such of the categories of posts/employees for which special
treatment is expressly provided or may be provided under any
law or Rule or Notification or Order for the time being in force;
Provided that where there is provision of only one Time Bound
Promotion under the aforementioned Regulations or any orders for the time
being in force and the same is allowable and granted after putting in less than
9 years service on the entry post, the next Higher Standard Pay Scale under
these Regulations in such case(s) will be granted from the first of the month
following the month in which such employee(s) complete(s) 18 years of
regular satisfactory service with reference to entry post without getting any
promotion.
4 Definition. - In these Regulations unless the context otherwise requires:
Explanation:
a) “Scheme” means the J&K State Forest Corporation Higher
Standard Pay Scale Scheme;
b) “Existing Pay Scale” means the pay scale of the entry post
applicable from 01.01.1996 as per Government Order No. 47-
F of 1998 dated 19.01.1998, as indicated in Column 2 of the
Schedule-1, held by the SFC employee at the time of his/her
“promotion In-Situ” under this scheme.
In case of an SFC employee who, on the relevant date, was on
deputation or on leave or on foreign service or under suspension or under
training “existing pay scale” in his/her case means the pay scale applicable to
the post which he/she would have held but for his/her being on such
deputation or leave or foreign service or under training or under suspension at
the case may be.
c) “Promotion In-Situ” means elevation from the existing pay
scale to the prescribed Higher Standard Pay Scale without
change of designation, responsibility or inter-se-seniority.
d) “Higher Standard Pay Scale” means the pay scale indicated
in Columns 3, 4 & 5 of Schedule-1 appended to these
Regulations.
e) “Schedule” means a Schedule appended to these
Regulations.
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f) “I, II and III Higher Standard Pay Scale” means the
prescribed Higher Standard Pay Scale indicated in Columns
3, 4 & 5 of Schedule-1 respectively.
g) “Promotion” means a functional promotion to the next Higher
Post as per the J&K State Forest Corporation Service
Regulations, 1981 and J&K State Forest Corporation
Employees (Condition of Services) Regulations, 1993.
h) “Competent Authority” means the Managing Director, J&K
State Forest Corporation.
i) “Service Career” means the service rendered in a particular
service to which the employee belongs at the time of grant of
‘promotion In-situ’ under these Regulations.
j) “Structure” means the structure of Higher Standard Pay
Scales as indicated in Schedule-1 of these Regulations.
k) “Regular Satisfactory Service” means actual continuous
service under J&K State Forest Corporation in the present
cadre to be reckoned within the same cadre and assessed fit
for the purpose of promotion.
l) “Employee” means an employee carrying pay scale upto and
including Rs.6,600-10,450, who is a whole time employee
working either in regular or in temporary capacity in graded
scale.
m) Any other term used in these Regulations, but not defined
herein, shall carry the same meaning as assigned to it in J&K
State Forest Corporation Service Regulations, 1981, J&K
State Forest Corporation Employees (Condition of Services)
Regulations, 1993 and the Jammu & Kashmir State Forest
Corporation Act, 1978.
5 Grant of Higher Standard Pay Scale. -
i) (a) An employee covered under these Regulations who has not got
any promotion or promotional scale/selection scale in his service
career and has, completed 18 years or more but less than 27
years of regular satisfactory service before 01.01.2008 will be
allowed, w.e.f. 01.01.2008, in place of his existing scale, the
Second Higher Standard Pay Scale specified in Column 4 of
Schedule- 1 of these Regulations;
(b)
An employee covered under these Regulations who completes
such regular satisfactory service of 18 years after 01.01.2008
and has not got any promotion or promotional scale/selection
scale in his service career will be allowed the Second Higher
Standard Pay Scale from the 1 st of the month following the
month in which he completes such service;
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ii) (a) An employee covered under these Regulations who has not got
any promotion or promotional scale/selection scale in his/her
service career and has completed 27 years or more of regular
satisfactory service before 01.01.2008 will be allowed, with effect
from 01.01.2008, in place of his/her existing scale, the Third
Higher Standard Pay Scale specified in Column 5 of Schedule –
1 of these Regulations;
(b)
An employee covered under these Regulations who completes
such regular satisfactory service of 27 years after 01.01.2008
and has not got any promotion or promotional scale/selection
scale in his service career will be allowed the Third Higher
Standard Pay Scale from 1st of the month following the month in
which he completes such service;
iii) (a) Every employee covered under these Regulations who has not
got any promotion or promotional scale/selection grade in his
service career and has completed 9 years or more but less than
18 years of regular satisfactory service before 01.01.2008 will
be allowed, w.e.f. 01.01.2008, in place of his existing pay scale,
the First Higher Standard Pay Scale specified in Column 3 of
Schedule- 1 of these Regulations;
(b)
An employee covered under these Regulations who completes
such regular satisfactory service of 9 years after 01.01.2008
and has not got any promotion or promotional scale/selection
scale in his service career will be allowed the First Higher
Standard Pay Scale from 1 st of the month following the month in
which he completes such service;
iv) (a) An employee covered under these Regulations who after grant
of one or more promotions after first entry into the service has
stagnated for 9 years or more in the same post before
01.01.2008 will be allowed, w.e.f. 01.01.2008, in place of his/her
existing pay scale the 1 st Higher Standard Pay Scale as
specified in Column 3 of Schedule - 1 of these Regulations;
(b)
An employee covered under these Regulations who after grant
of one or more promotions after first entry into the service
completes 9 years of such stagnation in the same post after
01.01.2008, will be allowed w.e.f. 1 st of the month following the
month in which he/she completes 9 years of such regular
satisfactory service, the 1 st Higher Standard Pay Scale as
specified in Column 3 of Schedule 1 of these Regulations;
5-A Notwithstanding anything contained in Regulation 5, an employee
covered under these Regulations, who, after acquiring one promotion has
stagnated and rendered in the existing post, 18 years or more of regular
satisfactory service prior to 01.01.2008 shall be allowed w.e.f. 01.01.2008 two
In-situ promotions and placed in the 2 nd Higher Standard Pay Scale
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corresponding to his/her existing pay scale as specific in Schedule-1 of these
Regulations. Like-wise, an employee covers under these Regulations, who,
after acquiring two promotions has stagnated and rendered 9 years or more
regular satisfactory service prior to 01.01.2008 shall be allowed one In-situ
promotion and placed in 1 st Higher Standard Pay Scale corresponding to his
existing pay scale as specified in Schedule-1 of these Regulations.
Provided that any such employee, who may complete such regular
service as indicated in these Regulations, after 01.01.2008 shall be allowed in
1 st or 2 nd Higher Standard Pay Scale corresponding to the existing pay scale
of the post as specified in Schedule-1 of these Regulations from the 1 st of the
month following the month in which he completes such satisfactory services.
Note:
Cases may arise where an employee may be carrying lower scale of
pay on or after 01.01.2008 than another junior to him. This situation
may arise where the junior official may have taken the benefit of Higher
Standard Pay Scale(s) in accordance with the provisions of the above
Regulations.
In order to remove this anomaly the senior official shall be allowed the
pay scale equivalent to the pay scale of his junior counterpart, on the
date the later was allowed as such, provided both the junior and senior
officials belong to the same cadre and the posts held by them are
identical and in the same cadre.
5–AA In case of Work Charged Employee(s)/Daily Rated Worker(s)
[excluding casual/seasonal workers] who is/are brought on regular
establishment, 50% continuous Work Charged/Daily Wage service shall
counted with regular service for grant of “In-Situ” promotion under these
Regulations;
6 Fixation of pay. - Even though promotion under this scheme, which is
“In-Situ”, may not involve assumption of higher duties and responsibilities, the
benefit of SFC Service Regulations/ Article 77- B of the Jammu and Kashmir
CSR will be allowed while fixing pay on promotion 'In-Situ' as a special
dispensation:
Provided that such benefit will not be allowed again at the time of the
functional promotion of an employee if the functional promotion carries the
same scale as has been allowed at the time of promotion ‘In-Situ’:
Provided further that where an employee is entitled and promoted on
'In-Situ' basis under sub-regulation 5 (i) and 5(ii) of these Regulations, his/her
pay shall first be notionally fixed under SFC Service Regulations/ Article 77- B
of the Jammu and Kashmir CSR as a special dispensation in the intermediary
pay scale(s) i.e. 1 st and/or 2 nd Higher Standard Pay Scale(s) indicated in
Columns 3 & 4 of Schedule-1 of these Regulations respectively and thereafter
his/her pay fixed in the appropriate Second or Third Higher Standard Pay
Scale indicated in Columns 4 & 5 of Schedule-1 of these Regulations
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espectively as the case may be. However, no arrears on account of notional
pay fixation in the intermediary pay scale(s) shall be paid.
Provided further that no arrears shall be paid on grant of the higher
standard pay scale under sub-regulations 5(i) to 5(iv), 5-A and 5-AA of these
Regulations w.e.f. 01.01.2008 to the date of issue of these Regulations.
Note: The case may arise where an employee granted a Higher
Standard Pay Scale on promotion ‘In-Situ' under these
Regulations on or after 01.01.2008 draws a lower rate of pay
than another, junior to him.
In order to overcome such situation, SFC Service Regulations/
Government Instructions below Article 77-B of J&K Civil Service
Regulations shall apply, mutatis-mutandis, to such cases of
seniors, drawing pay less than juniors in respect of promotion
‘In-Situ' under these Regulations.
7 Date of next increment. - The next increment after pay fixation in
Higher Standard Pay Scale under these Regulations shall be admissible on
completion of 12 months of incremental period.
8 Efficiency Bar. - If an employee is eligible for Higher Standard Pay
Scale but he is held up at the Efficiency Bar in the existing pay scale, the
procedure for crossing of Efficiency Bar in the process of fixation of pay in the
Higher Standard Pay Scale will be the same as laid down in Govt. order
No.47-F of 1998 dated 19.01.1998 effective from 01.01.1996.
9. Exercise of option. -
(a)
(b)
If the employee, who has got benefit of senior/selection grade
scale, desires, he may exercise option to continue
senior/selection grade scale or to accept this Scheme. If he
exercises option to join this Scheme, his pay fixation shall be
done, as if he had not availed of the senior grade/selection
grade scale. As a result, the amount of pay and allowances, due
if any, shall be adjusted against the benefit admissible under
these Regulations.
The option must be exercised in writing in the Form as
prescribed under Schedule- 3 annexed to these Regulations
and shall have to be furnished to the proper authority, i.e., the
Managing Director through the DDO under whom he/she is
working, within three months from the date of issue of this SFC
Order.
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10 Every employee availing of the benefit of these Regulations shall be
required to give an undertaking in writing as per Schedule-2 annexed to these
Regulations to the effect that as and when he/she will be eligible for functional
promotion, he/she will not refuse it. This is because the intention of this
Scheme is to give benefit to those who are stagnating in a post with the
relevant pay scale and the benefit of this Scheme cannot be extended to
those who have relinquished/foregone the functional promotion for reasons
whatsoever. If he/she declines the promotion when it becomes due, he/she
shall have to forsake the benefit under this Scheme and he/she shall have to
be reverted to his/her original lower grade and shall draw the pay which
he/she would have drawn in the original lower grade had he/she not availed
the benefit of the Higher Standard Pay Scale under this Scheme:
Provided that due to reversion to the original grade, the recovery for
the period for which pay plus allowances in Higher Standard Pay Scale have
been drawn by the employee, shall not be made.
11 The Promotion ‘In-Situ' to Higher Standard Pay Scale shall be made
against the existing post during the period of such appointment, treating the
said post as that of the relevant Higher Standard Pay Scale till it is vacated by
the concerned employee by way of normal promotion, retirement etc. Thus,
the strength of the posts sanctioned for each category shall never be
increased as a result of the 'promotion In-Situ' against the Higher Standard
Scale in that category.
12 Authority competent to grant Higher Standard Pay Scaleprocedure
therefor. -
(a)
(b)
(c)
(d)
The Managing Director shall be competent to grant Higher
Standard Pay Scale to eligible employee(s);
At the time of granting Higher Standard Pay Scale, the existing
screening mechanism for promotion shall be applied;
No Higher Standard Pay Scale shall be granted to the employee
who is under suspension on the date of eligibility or who is
charge-sheeted under provisions of Discipline Control & Appeal
Regulations as laid down in Chapter-X of J&K SFC Service
Regulations, 1981 or any other Regulations for the purpose.
However, when the employee is exonerated in departmental
enquiry against him/her and reinstated on duty, the Higher
Standard Pay Scale shall be granted on the basis of eligibility on
completion of 9/ 18/ 27 years incremental period of service as the
case may be;
An employee otherwise eligible for grant of 'promotion In-Situ'
under these Regulations shall be deemed to have been
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(e)
(f)
(g)
exempted from passing the prescribed departmental/ any other
examination for purpose of grant of 'promotion In-Situ' only.
However, if the employee wants to get the actual functional
promotion on higher post, he/she shall have to pass the
prescribed departmental examination;
Such period of leave without pay/other allowances as has not
been agreed to by the Competent Authority to be counted for
purposes of annual increments shall not be taken into account
for reckoning of the period of 9/ 18/ 27 years for Higher
Standard Pay Scale as the case may be;
The service of surplus employee(s) due to discontinuance/
abolition of post(s) in the former Department/Office shall not be
taken into account;
The service of isolated cadre(s) encadred in other cadre(s)
without the request of the employee and the earlier service in
isolated cadre(s) which may be encadred hereafter or in any
cadre where pay scale is equal but nomenclature is changed
may be taken into account for sanctioning the Higher Standard
Pay Scale.
13 The benefit of these Regulations shall not be available to such
employees who relinquished promotion for reasons whatsoever.
14 Interpretation. - In case of any dispute and/or doubt with regard to any
of the provisions of these Regulations, the matter shall be referred to the
Administrative Department for clarification and/or interpretation who shall
decide the same.
By order of Board of Directors.
No:4739-89/ Bix/ SFC Date: 15.10.2008
-sd-
Managing Director
J & K State Forest Corporation
Copy to the:
1. Principal Secretary to Government, Forest Department.
2. Commissioner/ Secretary to Government, Finance Department.
3. Commissioner/ Secretary to Government, General Administration
Department.
4. Director Information, J & K Government.
5. Private Secretary to the Chairman, J & K State Forest Corporation for
information of the Hon’ble Chairman.
6. Private Secretary to the Chief Secretary, Jammu & Kashmir for
information of the Chief Secretary.
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7. Director Finance, J & K State Forest Corporation.
8. All General Managers/ Regional Managers J & K SFC.
9. General Manager, Ranbir Government Press, for publication in
Government Gazette.
10. Secretary, J & K SFC.
11. Deputy Financial Advisor, J & K SFC, Jammu/ Srinagar
12. All Divisional Managers, J & K SFC.
13. SFC Order File.
-sd-
Managing Director
J & K State Forest Corporation
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SCHEDULE – 1
Regulation 4(b), (d), (f) & (g) of J&K State Forest Corporation Employees (Higher Standard Pay Scale Scheme) Regulations, 2008
Structure for grant of Higher Standard Pay Scale to various categories of employees on completion of the prescribed regular satisfactory
service.
S.
No.
Pay scale of the entry post
applicable from
01.01.1996
First Higher Standard pay
scale for 9 years regular
satisfactory service in the
entry post
Second Higher Standard
Pay Scale for 18 years of
regular satisfactory service
in the entry post
Third Higher Standard
Scale for 27 years of
regular satisfactory service
in the entry post
(1) (2) (3) (4) (5)
1. 2550-55-2660-64-3300 2610-70-3170-75-3695 3000-85-4020-90-4560 3050-90-3680-95-4820
2. 2610-70-3170-75-3695 3000-85-4020-90-4560 3050-90-3680-95-4820 4000-110-6090
3. 3000-85-4020-90-4560 3050-90-3680-95-4820 4000-110-6090 4200-110-5080-120-6040
4. 3050-90-3680-95-4820 4000-110-6090 4200-110-5080-120-6040 4650-160-7050
5. 4000-110-6090 4200-110-5080-120-6040 4650-160-7050 6400-225-10,000
6. 4200-110-5080-120-6040 4650-160-7050 6400-225-10,000 6500-250-10,250
7. 4650-160-7050 6400-225-10,000 6500-250-10,250 6600-275-10,450
8. 6400-225-10,000 6500-250-10,250 6600-275-10,450 6700-290-10,760
9. 6500-250-10,250 6600-275-10,450 6700-290-10,760 7300-300-11,800
10. 6600-275-10,450 6700-290-10,760 7300-300-11,800 7600-325-13450
-sd-
Managing Director
J & K State Forest Corporation
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SCHEDULE – 2
Form of Undertaking
Regulation 10 of J&K State Forest Corporation Employees (Higher Standard
Pay Scale Scheme) Regulations, 2008.
To,
The Managing Director,
J&K State Forest Corporation
Sir,
(Through proper channel)
I ___________________________working as ____________________ in
the office of the __________________ at_________________ have gone through
the provisions of SFC Order________________ dated________________
promulgating the J&K State Forest Corporation Employees (Higher Standard
Pay Scale Scheme) Regulations, 2008, and, I hereby agree to the terms and
conditions as stated therein.
I further hereby give an undertaking to the effect that I shall not refuse the
regular promotion as and when it becomes due to me. If, for any reasons, I decline
the promotion, when it becomes due to me, I shall forfeit the benefit admissible
under the J&K State Forest Corporation Employees (Higher Standard Pay
Scale Scheme) Regulations, 2008 and shall revert in original lower grade and
shall draw the pay in original lower grade, which I would have drawn had I not
been given the benefit of the Higher Standard Pay Scale Scheme.
Place_______________
Date________________
Signature of Employee______________
Name of Employee_________________
Designation_______________________
Office____________________________
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SCHEDULE
– 3
Form of Option
Regulation 9(b) of J&K State Forest Corporation Employees (Higher
Standard Pay Scale Scheme) Regulations, 2008.
I ___________________________working as ____________________ in
the office of the __________________ at_________________ ,having been given
the benefit of Senior/ Selection Scale with effect from ____________vide SFC
Order No:_________________ of ___________ dated:______________ issued
by ___________________________________ hereby opt to select Higher
Standard Pay Scale Scheme operative from 01.01.2008 introduce under SFC
Order No ______________________ Dated___________ instead of said
Senior/Selection scale.
I hereby agree that excess amount of difference of pay and allowances, if
any, paid to me, on account of grant of Senior/ Selection Scale to me earlier, be
adjusted against the benefit to be accrued under the J&K State Forest
Corporation Employees (Higher Standard Pay Scale Scheme) Regulations, 2008.
Option hereby exercised is final and shall not be modified any at
subsequent date.
Place_______________
Dated______________
Signature of Employee______________
Name of Employee_________________
Designation Office_________________
Signed before me__________________
Signature and official
Seal of Head of Department/ Office
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The Jammu and Kashmir State Forest Corporation, Srinagar
Subject: Change of date of commencement of Jammu & Kashmir State Forest Corporation
Employees (Higher Standard Pay Scale Scheme) Regulations, 2008 issued under SFC
Order 385 of 2008 dated 15 th October 2008 from 1 st January 2008 to 1 st January 2005.
Reference: 61 st Meeting of Board of Directors of the Jammu & Kashmir State Forest Corporation
held on 3 rd June 2009.
SFC Order: 176 of 2009
Date: 06 th July 2009
As approved by the Board of Directors of the Jammu & Kashmir State Forest
Corporation in its 61 st meeting held on 3 rd June 2009, in the Jammu & Kashmir State
Forest Corporation Employees (Higher Standard Pay Scale Scheme) Regulations, 2008,
notified under SFC Order 385 of 2008 dated 15 th October 2008, for the words, figures and
letters “1 st January, 2008” and “01.01.2008” wherever they exist, the words, figures and
letters “1 st January, 2005” and “01.01.2005” respectively shall be deemed to have been
substituted ab initio.
By order of Board of Directors.
No: 1493-1550 / Bix/ SFC Date: 06.07.2009
-sd-
Managing Director
J & K State Forest Corporation
Srinagar
Copy to the:
1. Commissioner/ Secretary to Government, Finance Department.
2. Commissioner/ Secretary to Government, General Administration
Department.
3. Commissioner/ Secretary to Government, Forest Department.
4. Director Information, J & K Government.
5. Special Assistant to the Chairman, J & K State Forest Corporation for
information of the Hon’ble Chairman.
6. Principal Private Secretary to the Chief Secretary, Jammu & Kashmir for
information of the Chief Secretary.
7. Director Finance, J & K State Forest Corporation.
8. All General Managers/ Regional Managers J & K SFC.
9. General Manager, Ranbir Government Press, for publication in Government
Gazette.
10. Secretary, J & K SFC.
11. Deputy Financial Advisor, Headquarter/ Audit, J & K SFC.
12. All Divisional Managers, J & K SFC.
13. SFC Order File.
-sd-
General Manager (Administration)
J & K State Forest Corporation
Srinagar
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