THE SIKKIM GOVERNMENT SERVICES (ADVANCEMENT GRADE) RULES, 1999

[ Published vide Department of Personnel, Administrative Reforms and Training Notification No.38 / GEN / DOP dated 23.9.1999 ]
In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, the Governor of Sikkim hereby made the following rules, namely,

1. Short title and commencement.

   1. These rules may be called the Sikkim Government Services (Advancement Grade) Rules ,1999

   2. They shall be deemed to have come into force on the 1st day of January, 1996. 

2. Categories of government servants to whom the rules apply.

   1. Save as otherwise provided by or under these rules, these rules shall apply to persons other than members of the All India Services appointed to the State services and posts in connection with the affairs of the state of Sikkim. 

   2. These rules shall not apply to;

      1. Persons not in whole time employment,

      2. Persons paid out of contingencies, 

      3. Persons employed on consolidated rates of pay.

      4. Persons paid otherwise then on a monthly basis including those paid only on a piece rate basis;

      5. persons whose services have been obtained on deputation; 

      6. Persons on work charged establishment or on contract / adhoc and persons engaged on muster roll basis;

      7. 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 contained in these rules. 

Note. - 

These rules shall also apply to persons who ceases to be in service on account of death, retirement or otherwise between the 1st day of January 1996 and the date of publication of these rules.

• Definition. - In these roles, unless the context otherwise requires,

  1. "Basic pay" means pay including stagnation increments and personal pay which has been sanctioned for a post held by a Government servant substantively or in an officiating capacity or to which he may be entitled by reason of his position in a cadre plus any other emoluments which may be specially classed as pay by the Government;

  2. "Existing scale" in relation to Government servant means the present scale applicable to the post held by the Government servant (or as the case may be, personal scale applicable to him) as on the 1st day of January, 1996 whether in a substantive or is on officiating capacity; 

• Period of Extra-ordinary leave.-The period of extra-ordinary leave exceeding 1 ( one ) month shall not be reckoned as qualifying service for the purpose of attainment or advancement grade.

• Fixation of pay.- The fixation of pay on attainment of advancement grade shall be made as per the proviso to rule 18 ( 1 ) of the Sikkim Government Service Rules,1874

• Procedure for grant of advance grade.

  1. The government servants upto the level of Deputy Secretary and equivalent shall be granted pay scales of the advancement grade on completion of 10 ( ten ) years of continuous service in a post / grade if they do not get any promotion during that period subject to

     1. clearance by the Departmental Promotion Committee;

     2. Non-appearance of any adverse entry in their confidential reports for preceding three years prior to consideration for advance grade.
        Provided that grant of advancement grade under these rules shall not be deemed to be promotion to the higher grade nor the employee shall have the right to claim for promotion unless vacancy in such higher grade exits and is otherwise eligible to be considered for promotion to such higher grade.

  2. Grant of advancement grade would not involve any change in the designation of the employee concerned.

  3. Grade of advancement grade of pay shall be once in a particular post / grade.

  4. In cases where the pre-revised scales have been clubbed and where a government servant has reached the higher scale in pre-revised scale of pay by way of advancement grade prior to 1.1.1996 shall be given higher scale in the revised pay of scale on pay fixation i.e. corresponding advancement scale in the revised pay of scale.

  5. The corresponding pay scale of advancement grade shall not be less than the pay scale prescribed for the post to which Government Servant is eligible to be promoted as per the relevant recruitment rules.

BY ORDER AND IN THE NAME OF THE GOVERNOR.
( S K SHILAL )
Joint Secretary to the Government of Sikkim
Department of Personnel , Administrative Reforms & Training.