Fixation of pay of re-employed pensioners - Treatment of Military service Pay. Vet. Prabhjot Singh Chhatwal PLS (Retd.)

No. 3/19/2009 Estt. Pay II Ministry of Personnel Public Grievances & Pensions Department of Personnel & Training New Delhi, the 8th November, 2010 Office Memorandum Subject: Fixation of pay of re-employed pensioners - Treatment of Military service Pay The undersigned is directed to refer to the orders issued vide OM dated 5.4.2010 on fixation of pay of re-employed pensioners. These orders inter-alia lay down that on re-employed in civilian organizations. Military Service Pay shall not be admissible. However. the benefit of MSP given to all retired Defence Forces officers/personnel by reckoning it at the time of calculation of their pension (notionally in the case of Pre1.1.2006 pensioners) should not be withdrawn. Accordingly, while the pension of such re-employed pensioners will include the element of MSP, they will not be granted MSP while working in civilian organizations. In the instructions issued by the Ministry of Defence vide their letter No. 1/69/2008/D (Pay/Service) dated 24th July 2009, Pre-retirement pay has been defined as under: (i) In respect of re-employment taking place on/or after 1.1.2006 pre-retirement pay for those who retired after 1.1.2006 means the pay in the pay band plus grade pay but inclusive of Non-Practicing Allowance (NPA) if any, last drawn before retirement. (ii) In case of officers who retired before 1.1.2006 and also those who retired after 1.1.2006 in the pre-revised pay scales without opting for the revised pay scales promulgated on or after 1.1.2006 the pay will be basic pay including stagnating increment and Rank pay plus the Dearness pay and Dearness allowance drawn at the time of retirement. As per these orders, for pre-2006 retires rank pay is included as a part of pay but post - 2006 retirees, the MSP is not reckoned in the pre-retirement pay for the purpose of pay fixation on re-employment. However for pension purpose the reckonable emoluments are -basic pay + MSP + NPA wherever admissible. Therefore while MSP is not taken into consideration for the purposes of pay fixation on re-employment, the element of MSP in pension is deducted. It has been decided in consolation with the Department of Expenditure, that since the element of MSP is not reckoned in the pay fixation on re-employment, it need not be reduced from the pension either, hence in respect of all those Defence Officers/personnel, whose pension contains an element of MSP, that need not be deducted from the pay fixed on re-employment. Sd/- (Mukesh Chaturvedi) Deputy Secretary To All ministries and Departments Copy to: NIC for uploading on the website under 'What New' and in Circulars-Establishment-Pay