Thursday, July 1, 2010

Pay Fixation Re-employed Ex-Servicemen

No. 3/19/2009-Estt. (Pay II)
Government of India
Ministry of Personnel, Public Grievances & Pension
Department of Personnel & Training
****a*****
New Delhi, Dated: 5ft,~~ri1 ,2010.
OFFICE MEMORANDUM
Subject: Applicability of CCS (RP) Rules, 2008
to persons re-employed in Government Service
after retirement and whose pay is debitable to
Civil Estimates. - - -- --- - -- -
The undersigned is directed to refer to this
Department's O.M. No.3/13/2008-Estt.
(Pay II) dated lltNhovem ber, 2008 on the
above-mentioned subject.
Certain references have been received seeking
clarification regarding the manner of
fixation of pay of retired Defence Forces
personnel/officers re-employed in Central
Government Civilian posts, after the
implementation of CCS (RP) Rules, 2008.
This hasbeen considered in consultation with
Department of Expenditure. The pay fixation
of reemployedpensioners on re-employment in
Central Government, including that of Defence
Forces personnel/officers, is being done in
accordance with CCS (fixation of pay of
re-employed pensioners) Orders, 1986,
issued vide this Department's O.M. No.
3/1/85-Estt. (Pay II) dated 3lStJuly, 1986
(as revised from time to time).
2. After the introduction of the system of running
pay bands and grade pays, it hasbeen decided to
amend the relevant provisions of CCS (fixation of
pay of re-employedpensioners) Orders, 1986 in
the manner indicated below: -
Para 4(a): Re-employed pensioners shall
be allowed to draw pay only in the
prescribed scales of pay of the posts in
which they are re-employed. No
protection of the scales of pay of the posts
held by them prior to retirement shall be
given.
Para 4(a): Re-employed pensioners shall
be allowed to draw pay only in the
prescribed pay scale/pay structure of the
post in which they are re-employed. No
protection of the scales of pay/pay
structure of the post held by them prior to
retirement shall be given.
,
Note: Under the provisions of CCS (RP)
Rules, 2008, revised pay structure
comprises the grade pay attached to the
post and the applicable pay band.
Para 4(b)(i): In all cases where the
pension is fully ignored, the initial pay on
re-employment shall be fixed at the
minimum of the scale of pay of the reemployed
post.
Para 4(b)(i): In all cases where the
pension is fully ignored, the initial pay on
re-employment shall be fixed as per entry
pay in the revised pay structure of the reemployed
post applicable in the case of
direct recruits appointed on or after
1.1.2006 as notified vide Section II, Part A
of First Schedule to CCS (RP) Rules, 2008.
I Para 4(b)(ii): In cases where the entire I
Para 4(b)(ii): In cases where the entire I
lension and pensionary benefits are not
gnored for pay fixation, the initial pay on
e-employment shall be fixed at the same
tage as the last pay drawn before
etirement. If there is no such stage in the
e-employed post, the pay shall be fixed at
he stage next above that pay. If the
naximum of the pay scale in which a
~ensioner is re-employed is less than the
ast pay drawn by him before retirement,
iis initial pay shall be fixed at the
naximum of the scale of pay of the remployed
post. Similarly, if the minimum
)f the scale of pay in which a pensioner is
e-employed Is more than the last pay
Irawn by hlm before retirement, his initial
lay shall be fixed at the minimum of the
icale of pay of the re-employed post.
iowever, in all these cases, the nongnorable
part of the pension shall be
.educed from the pay so fixed.
Para 4(c): The re-employed pensioner will,
in addition to pay as fixed under Para (b)
above shall be permitted to draw
separately any pension sanctioned to him
and to retain any other form of retirement
benefits.
Para 4(d): In the case of persons retiring
before attaining the age of 55 years and
who are re-employed, pension (including
PEG and other forms of retirement
benefits) shall be ignored for initial pay
fixation in the following extent:-
(i) In the case of ex-servicemen who held
posts below Commissioned Officer rank in
the Defence Forces and in the case ol
civilians who held posts below Group 'A'
posts at the time of their retirement, the
entire pension and pension equivalent oi
retirement benefits shall be ignored.
(ii) In the case of service officers belonging
to the Defence Forces and Civiliar
pensioners who held Group 'A' posts a1
. . I pension and pensionary benefits are not
gnored for pay fixation, the initial basic
lay on re-employment shall be fixed at the
iame stage as the last basic pay drawn
)efore retirement. However, he shall be
:ranted the grade pay of the re-employed
lost. The maximum basic pay cannot
zxceed the grade pay of the re-employed
lost plus pay in the pay band of Rs.67000
.e. the maximum of the pay band PB-4. In
111 these cases, the non-ignorable part of
:he penslon shall be reduced from the pay
;o fixed.
llustration
4 Colonel who retired with basic pay of
is.61700 (grade pay Rs.8700; pay in the
3ay band Rs.53000) is re-employed as a
Deputy Secretary in an organization with
:rade pay of Rs.7600. In this case, on remployment,
his basic pay will continue to
be Rs.61700. However, his grade pay on
re-employment will be Rs.7600 and the
pay in the pay band Rs.54100. Thereafter,
the non-ignorable part of the pension will
be reduced from the pay so fixed.
Note: In the revised pay structure, basic
oay is pay in the pay band plus the grade
uoy attached to the post.
Para 4(c): No change.
Para 4(d): In the case of persons retiring
before attaining the age of 55 years and
who are re-employed, pension (including
PEG and other forms of retirement
benefits) shall be ignored for initial pay
fixation in the following extent:-
(i) No change.
(ii) In the case of Commissioned Se~icc
officers belonging to the Defence Force!
and Civilian pensioners who held Group 'A
the time of their retirement, the first Rs.
5001-* of the pension and pension
equivalent retirement benefits shall be
ignored. (*Already revised to Rs. 40001-
vide O.M. No. 311312008-Estt. (Pay II)
dated llt~ohvem ber2, 008)
posts at the time of their retirement, the
first Rs.40001- of the pension and pension
equivalent retirement benefits shall be
ignored.
3. Apart from the above, it is also clarified as under: -
(i) Drawal of increments: Once the initial pay of
the re-employed pensioner hasbeen fixed in the
manner indicated above, he will be allowed to draw
normal increments as per the provisions of Rule 9
and 10 of CCS (RP) Rules, 2008.
(ii) Allowances: The drawal of various allowances
and other benefits in the revised pay structure
shall be regulated with reference to the grade pay of the
re-employed post or the basic pay, as the case may be.
(iii) Treatment of Military Service Pay (MSP):
MSP is granted to Defence Forces
officerslpersonnel while they are serving in the
Defence Forces. Accordingly,on their re-employment
in civilian organizations, including secret
organizations under the Cabinet Secretariat umbrella,
the question of grant of MSP to such officers/
personnel does not arise. However, the benefit of MSP
given to all retired Defence Forces officers/
personnel by reckoning it at thetime of calculation
of their wension (notionallv in the case of pre-1.1.2006
pensioners) should not be withdrawn.accordingly
while the pension of such
re-em~loved pensioners will include the element of
MSP. thev will not be granted MSP while working in
civilian organizations.
(iv) Fixation of pay of personnelfofficers re-employed
prior to 1.1.2006 and who were in employment as on
1.1.2006: In the case of personnel/officers who
were re-employed before 1.1.2006 and who were
working in the CentralGovernment organizations
on re-employment basis as on 1.1.2006, their pay
will be fixed in accordance with the provisions of
DOPT O.M. No.3/13/2008-Estt.(Pay II) dated
11.11.2008. This O.M. stipulates that re-employed
personswho become eligible to elect revised pay
structure shall exercise option in the
manner laid down in Rule 6 of CCS (RP) Rules,
2008 and their pay shall be fixed
in accordance with the provisions of Rule 7 of CCS
(RP) Rules, 2008. In this
context, it is clarified that in accordance with the
provisions of Rule 7 of CCS (RP) Rules, 2008,
Department of Expenditure issued fitment tables
corresponding to each pre-revised pay scale vide
O.M. No.1/1/2008-IC dated 30.8.2008. In the
case of those personnellofficers as well, who were
reemployed before 1.1.2006 and who were working
in the civilian organizationson re-employment basis
as on 1.1.2006, their pay will be fixed with refeience
to the fitment table of the pre-revised civilian pay
scale in which they werere-employed and
corresponding to the stage in the pre-revised pay
scale as on1.1.2006.
(v) Fixation of pay of personnelfofficers who retired
prior to 1.1.2006 and who have been re-employed
after 1.1.2006: In the case of personnel/officers who
had retired prior to 1.1.2006 and who have been
re-employed after 1.1.2006,their pay on
re-employment will be fixed by notionally arriving
at their revised basic pay at the time of retirement
as if they had retired under the revised pay structure.
This will be done with reference to the fitment table
of the Defence Service RankICivilian service post
(as the case may be) from which they had
retired and the stage of basic pay at the time of their
retirement. Their basic pay on re-employment will
be fixed at the same stage as the notional last
basic pay before retirement so arrived at. However,
they shall be granted the grade pay of the re-employed
post. The maximum basic pay cannot exceed
the grade pay of the re-employed post plus pay in the
pay band of Rs.67000i.e. the maximum of the pay
band PB-4. In all these cases, the non-ignorable
part of the pension shall be reduced from the pay so fixed.
4. The existing instructions on the subject shall be
treated as amended to this extent.
5. In so far as the persons sewing in the Indian
Audit & Accounts Department are concerned,
these orders are being issued after consultation
with theComptroller &Auditor General of lndia.
L
(Rita Mathur)
Director
To
All MiniStrieS/De~artment[A s Der standard list
attachedl
,,,~Dv to : Director (NIC), Department of Personnel
&Training, to upload the O.M. on this
Department's website under the Head "Establishment
(Pay)", Sub-Head "Pay Rules" &
under the caption "What's New".
Copies also forwarded to:
1. The Comptroller & Auditor General of lndia and
all States under his control. (With 400
spare copies)
2. Controller General of Accounts/Controller of Accounts, Ministry of Finance.
3. Secretaries to UPSC/Supreme Court of lndia/Election Commission/Lok Sabha
Secretariaticabinet Secretariatfcentral Vigilance Commission/President's
SecretariatNice President's SecretariatlPrime Minister's OfficefPlanning Commission.
4. Department of Personnel &Training (AIS Division)/JCA/Admn. Section.
5. Additional Secretary (Union Territories), Ministry
of Home Affairs.
6. All State Governments and Union Territories.
7. Secretary, National Council (Staff Side), 13-C,
Feroz Shah Road, New Delhi
8. All Members of the Staff Side of the National Council of JCMIDepartmental Council.
9. All Officers/Sections of the Department of Personnel & TrainingjDepartment of
Administrative Reforms & Public Grievances/
Department of Pension & Pensioners'Welfare.
10. Ministty of Finance, Department of Expenditure
11.25 spare copies.
( Rita Mathur )
Director

10 comments:

  1. The contents are not clear. Can you please send details to me at my mail ID dinesh6af@gmail.com.
    --
    Thanks and regards.

    Dinesh Bharadwaj
    9419714464

    ReplyDelete
  2. Sir, though the contents are self explanatory still I have a doubt. Suppose an ExSM having 20yrs of service joins as an Assistant Store Keeper in civilian cadre of Air Force in Pay band of 5200-20200 with Gd pay of 1900. Shall he be allowed to protect his pay (Pay in band 10670, Gd pay-2800, MSP-2000)or he has to content with lower pay as applicable.Please provide your expert views as soon as possible as there is less time to think and rethink. Thank you sir and Jai Hind !!!

    ReplyDelete
  3. I got retired on 31 May 2006 with bacic pay of 10420 and grade pay 2800 from INDIAN AIR FORCE as Sergeant. On 01 Jan 2009 I got appointment as a technician in Indian Navy ( Civilian) with present basic pay of 6310 and grade pay 1900.
    Will I get pay protection as per last basic drawn from IAF?
    If Yes, Should I refund the pensionary BENIFITS

    ReplyDelete
  4. Dear veterans Abraham and Sudama Yadav, regards. You,both, will get the minimum of the scale in the new job along with your Defence pension and D.A. as per the prevailing rules.

    ReplyDelete
  5. Sir: I retired from IAF on 30 Nov 2005 with basic pay 5700.00 as Sgt Radio Fitter. Now I am employed as Technical Telecom Asst in BSNL inthe pay band of 13600-25500. Can I get Pay fixation of IAF with my pentionary benefits. Ex Sgt Shobhnath Singh Chauhan

    ReplyDelete
  6. K.P.Damodaran
    Sir, though the contents are self explanatory still I have a doubt. Suppose an ExSM having 18yrs of service, joins as an Security/Assistant in civilian Jawaharlal Nehru Center for Advance Scientific research in Pay band of 5200-20200 with Gd pay of 1900. Shall he be allowed to protect his pay (Pay in band 10670, Gd pay-2800, MSP-2000)or he has to content with lower pay as applicable.Please provide your expert views as soon as possible as there is less time to think and rethink. Thank you sir and Jai Hind !!!

    ReplyDelete
  7. sir Iam retired from IAF prior to 2006 and joined state bank of India IN 2009.Am I eligible to get my fitment of salary as per revised 6th pay comission scales.

    ReplyDelete
  8. name- SHYAM SINGH SHEKHAWAT . Retired from IAF as SGT. on 1st september 2006 . Joined the SBI bank in 6 jan 2009 . If my pay protection is done in SBI then shall i get both DAs on pension and present salary of SBI ?
    what are the elements of IAF last pay certificate which are to be protected ?
    Where i can find pay protection circular from central goverment?
    What is the criteria of pay fixation / protection in banks and how it is done ?
    Can i get your phone no. sir ?

    ReplyDelete
  9. sir i am ex-sgt vk baghel retired on 30 sept 2009 with basic pay 12560 plus grade pay 2800 and got a govt job in march 2010 ine 9300-34800 grade pay 4200 now i request your kind honour to tell my fixation of pay at this stage

    ReplyDelete
  10. Dear Veterans, Shobhnath, Damodaran and Vimlesh, Regards. None of you can get pay protection in civil job. You will be paid minimum of the scale of your present post along with Defence pension including D.A.

    ReplyDelete