Fix pay case on date 27/11/18
Case no.-1
Court No.-5
Save as otherwise provided by or under these rules, they shall apply topersons appointed to civil services and posts in connection with the affairs of the State of Gujarat.
(2) These rules shall not apply to -
(a) persons not in whole-time employment;
(b) persons paid out of contingencies;
(c) persons paid otherwise than on a monthly basis, including those paid only on a piece-rate basis;
(d) persons appointed on work charged establishment or on daily rate basis or persons employed casually except where in case of such persons, the Government by order published in the Official
Gazette, provides otherwise;
(e) persons employed on contract except where the contract provides otherwise;
(f) persons re-employed in Government service who are in receipt of superannuation or retiring pension irrespective of whether such pensi
(g) persons employed on consolidated pay system or fixed pay system;
(h) 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 of these rules. Definition:- In these rules, unless the context otherwise requires –
(1) “existing basic pay” means pay drawn in the prescribed existing scale of pay, including stagnation increment(s), but does not include any other type of pay such as special pay, etc.;
CONSTITUTION OF INDIA.
(2) “existing scale” in relation to a Government employee means the present scale applicable to the post held by the Government employee or in case of a Government employee drawing scale according to the Higher Pay Scale Scheme (or, as the case may be, personal scale applicable to him) as on the 1st day of January, 2006 whether in a substantive or officiating capacity;
Note:- The Higher Pay Scale Scheme is subject to review on the lines of Government of India’s order as and when issued.
Explanation. - In the case of a Government employee, who was on the 1st day of January, 2006 on deputation out of India or on leave or on foreign service, or who would have on that date officiated in one or more lower posts but for his officiating in a higher post, “existing scale” includes the scale
applicable to the post which he would have held but for his being on deputation out of India or on leave or on foreign service or, as the case may be, but for his officiating in a higher post.

