In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Sikkim hereby makes the following rules, namely, - 

1. Short title and commencement. - 
   

   1. These rules may be called the Sikkim Government Services (Revised Pay) Rules, 1998. 
      

   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 than on a monthly basis including those paid only on a piece rate basis; 
         

      5. persons whose services have been obtained on deputation; 
         

      6. 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. - (1) These rules shall apply to persons on work- charged establishment and on contract holding posts on existing pay scales. 
         
         (2) These rules shall also apply to persons who cease 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; 
         

3. 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; 
      
      Explanation. - In the case of a Government servant on deputation, leave or foreign Service, "existing scale" includes the scale applicable to the post which he have held but for his being on deputation, leave or foreign service or but for officiating in a higher post. 
      

   3. "Revised scale" in relation to any post specified in column 2 of the First Schedule means the scale of pay specified against that post in column 4 in Part A and column 3 in Part B thereof; 
      

   4. "Schedule" means the schedule annexed to these rules. 
      

4. Scale of pay of posts. - As from the date of commencement of these rules the scale of pay of every posts specified in column 2 of the Schedule shall be as indicated against it in column 4 in Part A and column 3 in Part B thereof. 
   

5. Drawl of pay in the revised scales. - Save as otherwise provided in these roles, a Government employee shall draw pay in the revised scale applicable to the post to which the said employee is appointed. 
   

6. Fixation of initial pay in the revised scale. - 
   

   1. The initial pay of a Government employee governed by the revised pay scale with effect from the 1st day of January, 1996 shall, unless in any case the Government by special order or otherwise directs, be fixed in the following manner, namely: - 
      

      1. an amount representing 40 percent of the basic pay in the existing scale shall be added to the "existing emoluments" of the employee; 
         

      2. after the existing emoluments have been so increased, the pay shall thereafter be fixed in the revised scale at the stage equal to the amount so computed, if there happens to be one, otherwise at the stage next above such amount. 
         

      3. if the minimum of the revised scale is more than the amount so arrived at, the pay shall be fixed at the minimum of the revised scale. 
         

      4. if amount so arrived at is more than the maximum of the revised scale, the pay shall be fixed at the maximum of that scale. 
         

   2. Wherein the fixation of pay under Sub-rule (1), the pay of Government employee drawing pay at more than four consecutive stages in an existing scale gets bunched, that is to say gets fixed in the revised scale at the same stage, the pay in the revised scale of such of these Government employees who are drawing pay beyond the first four consecutive stages in the existing scale shall be stepped up by the grant of increment(s) in the revised scale in the following manner: - 
      

      1. for Government employees drawing pay from the 5th up to the 8th stage in the existing scale -by one increment; 
         

      2. for Government employees drawing pay from the 9th up to 12th stages in the existing scale, if there is bunching beyond the 8th stage -by two increments; 
         

      3. for Government employees drawing pay from the 13th up o the 16th stage in the existing scale, if there is bunching beyond the 12th stage -by three increments. 
         
         If by stepping up of the pay as above, the pay of a Government employee gets fixed at stage in the revised scale which is higher than the stage in the revised scale at which the pay of a Government employee who was drawing pay at the next higher stage or stages in the same existing scale is fixed, the pay of the latter shall also be stepped up only to the extent by which it falls short of that of the former. 
         

   3. The fixation shall be made in the manner that every employee will get at least one increment in the revised scale of pay for every three increments (inclusive of stagnation increment(s), if any) in the pre-revised scale of pay. 
      

   4. The "existing emoluments" for the purpose of fixation of pay in the sub-rule (1) shall include: 
      

      1. the basic pay in the existing scale as on the 1st day of January,1996;. 
         

      2. dearness allowance appropriate to the basic pay admissible at index average 1510 (1960=100); and . 
         

      3. interim relief admissible on the basic pay as on 1.1.96. 
         
         However, special pay/special allowance and non-practicing allowance shall not be reckoned as pay for the fixation of pay in the revised scale. 
         

   5. Where in the fixation of pay under sub-rule (1), (2) and (3) pay of a Government employee who in the existing scale was drawing immediately before the 1st day of January, 1996 more pay than another Government employee junior to his in the same cadre, gets fixed in the revised scale at a stage lower than that of such junior, his pay shall be stepped up to the same stage in the revised scale as that of the junior. 
      

   6. Where the increment of a Government employee falls on 1st day of January, 1996 he/she shall have option to draw the increment in the existing scale or the revised scale. 
      

   7. The pay of a government employee under suspension on the 1st day of January 1996 shall on the termination of suspension be regulated as follows: 
      

      1. if his/her service is terminated, there is no question of fixation of pay in the revised Scale; 
         

      2. if the period of suspension is treated as period spent on duty or leave other than extraordinary leave, the fixation of pay shall be done in accordance with sub-rule (1), (2) and (3); 
         

      3. if the period of suspension is treated as extra-ordinary leave, the pay in the revised scale shall be fixed only with effect from the dale of joining duty.
         

   8. In case where a senior Government employee promoted to a higher post before the 1st day of January, 1996, draws less pay in the revised scale than his junior who is promoted to the higher post on or after the 1st day of January, 1996, the pay of senior Government employee shall be stepped up to an amount equal to the pay as fixed for his junior in that higher post. The stepping up shall be done with effect from the date of promotion of the junior Government employee subject to the fulfillment of all the following conditions:- 
      

      1. both the junior and the senior Government employees should belong to the same cadre and the posts in which they have been promoted should be identical in the same cadre; 
         

      2. the pre-revised and revised scales of pay of the lower and higher posts in which they are entitled to draw pay should be identical; 
         

      3. the senior Government employee at the time of promotion had been drawing equal or more pay than the junior; and 
         

      4. the anomaly should be directly as a result of the application of the rules regulating pay fixation on such promotion in the revised scale. If even in the lower post the junior Government employee was drawing more pay in the pre-revised scale than the senior by virtue of any advance increments granted to him, the provision of this sub-rule need not be invoked to step up the pay of the senior Government employees.
         

7. Date of next increment in the revised scale. - 
   
   (a) The next increment of a Government employee whose pay has been fixed in accordance with sub-rule (1) and (3) of Rule 6 shall be granted on the date he would have drawn the increment had he continued in the existing scales; 
   
   Provided that in cases where the pay of a Government employee is stepped up under sub-rule (2) or (5) or (8) of Rule 6 of the pay in the revised scale.
   
   Provided further that in cases, other than those covered by the preceding proviso, the next increment of a Government employee, whose pay is fixed on the 1st day of January, 1996 at the same Stage as the one fixed for another Government employee junior to him in the same cadre and drawing pay at a lower stage than him in the existing scale, shall be granted on the same date as admissible to his junior, if the date of increment of the junior happens to be earlier.
   
   Provided also that in the case of persons who had been drawing maximum of the existing scale for more than a year as on the 1st day of January 1996, next increment in the revised scale shall be allowed on the 1st day of January 1996.
   

8. Stagnation increments. - A Government employee shall be eligible for one increment for every two years of service rendered after reaching the maximum of his scale, subject to a maximum of three increments. The rate of such increment shall be the rate applicable before reaching the maximum of that scale.
   

9. Classification of posts. - In accordance with these rules classification of posts shall be as follows: -
   
   Group D -All posts in the scales of pay the maximum of which is RS.4170/-
   
   Group C -All posts in the scales of pay the maximum of which is over Rs. 4170/- but not exceeding Rs. 9700/-
   
   Group B -All posts in the scale of pay the maximum of which is over Rs. 9700/- but not exceeding Rs. 12000/-.
   
   Group A -All posts in the scales of pay the maximum of which exceeds Rs. 12000/-.
   

10. Procedure for fixation of the pay in revised scale. -
    

    1. The pay of Government employee may be fixed under the revised scales in accordance with the prescribed manner laid down under Rule 6. A statement for fixation of pay in the revised scale is attached with these rules at Appendix I.
       

    2. The fixation of pay for employee of Group A and Group B may be done by the Department of Personnel, Administrative Reforms and Training and for Group C and Group D by the respective departments.
       

    3. For employees for Group A and Group B the Department of Personnel, Administrative Reforms & Training and for Group C and Group D the Head of Department concerned would arrange to prepare six copies of statement of fixation of pay of each government employee in the prescribed proforma and send the same to the pay Cell in Department of Personnel, A.R. & Training for approval.
       

    4. After approval, the Pay Cell would return two copies in the case of Group A and Group B employees and three copies in the case of Group C and Group D employees to the concerned Head of Department for drawl of arrears and pasting in the service book of employees. In respect of Group A and Group B employees the third copy would be sent to the Department of Personnel, AR & Training for similar pasting in the service book. The fourth copy shall be sent to the Accountant General, Sikkim, and the fifth to Pay & Accounts Office. The last copy would be retained in the Pay Cell.
       

    5. The Head of Department would arrange to ensure that a copy of the approved statement of fixation of pay in the revised scale is pasted in the service book of the employees under proper attestation.
       

11. Advancement grade. -
    

    1. Government servant up to the level of Deputy Secretary and equivalent shall be granted pay scales of the advancement grade on completion of 10 years of continuous service in a post grade if they do not get any promotion during that period are given in Appendix -II subject to
       

       1. Clearance by Departmental Promotion Committee;
          

       2. Non-appearance of any adverse entry in there Confidential Reports for preceding three years prior to consideration for advancement grade.
          
          Provided that grant of advancement grade under this rule shall not be deemed to be promotion to the higher grade nor the employee shall have right to claim for promotion unless vacancy in such higher grade exists and is otherwise eligible to be considered for promotion to such higher grade.
          

    2. Grant of advancement scale of pay would not involve any change in the designation of the employees concerned.
       

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

12. Overriding effect of Rules. - The provisions of the Sikkim Government Service Rules 1974, the Sikkim Government Service (Revised Pay) Rules, 1986, the Sikkim Government Services (Revised Pay) Rules, 1987 shall not, save as otherwise in these rules, apply to cases where pay is regulated under these rules to the extent they are inconsistent with these rules.
    

13. Powers to relax. - Where the Government is satisfied that the operation of any of the provisions of these rules causes undue hardship in any particular case, the Government may by order, dispense with or relax the requirements of that role to such extent and subject to such conditions as the Government may consider necessary for dealing with the case in a just and equitable manner.
    

14. Interpretation. - If any question arises relating to the Government in the Department of Personnel, AR & Training for decision.
    
    Note 1: The distinction of Gazetted and non-Gazetted posts shall stand discontinued henceforth.
    
    Note 2: The powers of attestation etc. vested in the Gazetted grades so far shall be exercised by officers appointed or promoted in the revised scale of pay of Rs. 7000-225-12500 and above except for Post Graduate Teachers.
    
    By order and in the name of the Governor
    
    (R.S. Basnet)
    
    Secretary to the Govt. of Sikkim
    
    Department of Personnel, AR & Training.
                                             FIRST SCHEDULE
                                                ( See Rule 4 )
                                                       Part ' A '

Part ' B 

POLICE PERSONNEL

STENOGRAPHERS

OTHERS 

6. Existing emoluments as on 1-1-1996:
   
   1. Basic pay (including stagnating increments, if any):
      
   2. D.A. applicable at AICPI -1510 (1960=100): 
      
   3. Interim relief: 
      
   4. Total (a+b+c): 
      
6. Fitment weightage (40% of basic pay): 
   
7. Total (Sl. No: 6(d) and 7): 
   
9. 
   
   1. Stage in the revised scale of pay at which pay is to be fixed under sub rule ( 1 ) excluding benefit of bunching: 
      
   2.  Number of increments due on account of bunching under sub rule (2). 
      
   3. Stage in the revised scale at which pay is to be fixed including the benefit on account of bunching: 
      
   4. Stage in the revised scale of pay at which pay is to be fixed so as to ensure at-least one increment in the revised scale for every three increments on the pre-revised scale under sub-rule (3). 
      
10. Pay fixed in the revised scale of pay (stage of pay at Sl. No: 9(c) or 9(d) whichever is higher). 
    
11. Stepped up pay with reference to the revised pay of Junior, if applicable, Name and pay of the junior are to be indicated: 
    
12. Date of next increment under rule 7 and pay after grant of increment: 
    
    Date of increment                          Pay after increment 
    ---------------------                               ----------------------
13. Any other relevant information: 
    
    Date: 
    
                                                                 Signature of Head of Office/Department 
    
    Pre checked and approved. 
    
                                                                         OFFICER ON SPECIAL DUTY 
    
                                                                         (PAY CELL) 
    
                                                                         DEPTT. OF PERSONNEL, 
    
                                                                         ADM. REFORMS & TRG
    
                                                                                                                 APPENDIX II 

ADVANCEMENT GRADE AND SCALE

1. Existing rules or orders or notifications prescribing separate gradation scheme for attainment of grant of higher grades and scales shall continue to be in force. 
   
2. In the 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 the higher scale in the revised pay of scale on pay fixation i.e. corresponding advancement scale in the revised pay of scale. 
   
3. The corresponding pay scale of advancement grade shall not be less than the pay scale prescribed for the post to which a Government servant is eligible to be promoted as per the relevant recruitment rules.
   
   Government of Sikkim ' s orders 
   
   1.1 In continuation to the Notification No. 25/Gen/DOP dated 25.6.1998, the Governor is pleased to provide for the following revised advancement grade scales for Excise Constables and Forests Guards as follows:

1.2 Admissibility of advancement grade shall be as per Rule 11 of Sikkim Government Service (Revised Pay) Rules, 1998. 

2.1 The Governor of Sikkim is pleased to grant advancement grade as follows to the under mentioned teaching staff of the Education Department : - 

1. School Mother,
   
2. Primary Teacher,
   
3. Head Master/Head Mistress of Primary School,
   
4. Graduate Teacher,
   
5. Head Master/Head Mistress of Junior High School,
   
6. Post Graduate Teacher,
   
7. Head Master/Head Mistress of Secondary School,
   
8. Principal of Senior Secondary School.
   
   2.2 This scheme shall be deemed to have come into force on 1st day of January 1996.