THERE ARE SUFFICIENT POINTS TO GET OUR PAY FIXED AT THE SAME STAGE AS LAST PAY DRAWN OR BY GRANT OF ADVANCE INCREMENT EQUAL TO NUMBER OF YEARS OF SERVICE.
A. Fixation of Pay on the Basis of DOPT O.M. No. 3/19/2009-Estt (pay II) dated 05/04/2010, CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986 issued vide DOPT O.M No. 3/1/85-Estt. (Pay II) dated 31/07/1986 , Rule 7 of CCS (RP) Rules, 2008, as stated in DoPT O.M dated 11/11/2008 and DoPT O.M. 3/19/2009 Estt (Pay II) dated 08/11/2010. Pay Fixation of re-employed ex-serviceman depends upon OM issued by DOPT, Finance ministry, Defence Ministry, CGDA and concerned departments policy for re-employed personnel.
CCS (Fixation of pay of re employed pensioners) Order 1986 itself clarify “ These orders shall apply to all persons who are re-employed in civil services and posts in connection with the affairs of the Union Government after retirement on Pension, gratuity and /or contributory provident fund benefits from the service of Union Government including Railway ,Defence and posts and telegraphers, state Government and Union Territory Administrations and public Sectors Undertaking, Local bodies, Autonomous bodies like universities or semi Government organization like posts and telegraphers” . On the basis of this CCS order 1986 Railway’s, EPFO, Bank employees and other states are fixing initial pay of ex-servicemen as per pre-retirement pay. DOPT O.M. No. 3/19/2009-Estt (pay II) dated 05/04/2010 is accepted by letter and spirit by central Government offices, PSU’s, Railways and Banks .Why not in remaining departments? Some Ex-Servicemen are getting refixed salary and some are rejected by concerned acounts offices, why this prejudice. One Accts Officer giving opinion for fixation and other is rejecting. There should be one rule for all.
2. It is pertinent to note that only relevant provisions of the CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986 issued vide DOPT O.M No. 3/1/85-Estt. (Pay II) dated 31/07/1986 have been amended, while the remaining part of the Orders are retained. Para 3 of this OM states the Pre-Retirement Pay to be considered for initial fixation of pay of re-employed military pensioners which is as mentioned below and also refer Finance ministry’s OM No. 5(21)-Est.III(B)/64 Government of India Ministry of Finance, Dept. of Expenditure dated 15/06/1964 clearly mentioning pre-retirement pay to be taken into account for initial fixation of pay.(Encl: 02)
(a) For Army: Pay (including deferred pay) and rank pay, Grade/trade/technical/ and rank Corps pays, Increments of pay for Allowance (Ris/Sub.Major), Extra Duty pays.
(b) For Navy: Basic Pay, pay (including deferred Pay), Good Conduct pay, Non- Substantive Pay, War service Increments Higher Pt. II –Qualification pay, Good/Deferred Pay Classification Pay.
(c) For Air Force: Basic Pay, Pay (including deferred pay), Good Service/Good Conduct pay. Air Proficiency pay, Badge pay, War Service increments, Classification pay, Deferred pay. length of service, Good Service/Good conduct pay, Proficiency pay/ special Good Service pays, Classification pay, Deferred pay, Personal
3. Refer Letter No.AT/II/2432-VI Office of the CGDA West Block-V--RK Puram, New Delhi Dt.13-02-93 Pay fixation of re-employed pensioners Justifying even 4(b) (i) for fixation of EXSM minimum pay as Last Pay Drawn in Defence. “where the entire amount of pension is ignored, the initial pay on re-employment has to be fixed at the minimum of the scale of the re-employed post and therefore there is no necessity of indicating the pay drawn by the individual from the date of enrolment to the date of discharge, and only particulars of Last Pay drawn will serve the purpose. In other words, where the entire amount of pension is ignored, furnishing the Last Pay drawn particulars of Military Pensioner will suffice for the purpose of fixation of pay on re-employment.(Encl: 03)
4. It may be noted that Para 4(b)(i) states that where pension is fully ignored, the initial pay on re-employment shall be fixed as per entry pay in the revised pay structure of the re-employed post applicable in the case of direct recruits. Here, it is to be understood that the entry pay of a fresh direct recruit on appointment to the post of Tax Asst is fixed at ₹ 7,510/-, which is the minimum for the post and is to be done in accordance with Rule 8 of CCS (RP) Rules, 2008. Whereas, fixation of pay of ex-servicemen is governed by Rule 7 of CCS (RP) Rules, 2008, as stated in DOPT, OM dated 11/11/2008 and Finance ministry’s OM No.F.67/II/16/74-Imp dated 18/03/1974 and OM No.67/II/16/74-IC dated 25/02/1978 rule 7 of CCS (RP) rule for initial fixation of pay is explained.
5. payment of few reemployed exsm were fixed as per para 4(d) (i) of O.M. No. 3/1/85-Estt (pay II) dated 31stJuly, 1986 amended vide O.M. No. 3/19/2009-Estt (pay II) dated 05/04/2010:” In the case of persons retiring before attaining the age of 55 years and who are re-employed, pension shall be ignored for initial pay fixation” this initial fixation is explained in Finance Ministry’s OMNo.F.67/II/16/74-Imp dated 18/03/1974 .
2. After all it is a matter of grave concern in the realistic view. Quoting the same authority /Govt orders issued by DOP&T the PSU organizations and Banks have facilitated the pay fixation to the ex-servicemen (PBOR) to fix the pay at the same stage as last pay drawn before retirement but the few department/ministries under central Govt. are still not agreed to provide the entitlements to the reemployed ex-soldiers. The points have been raised that the commissioned officer has been allowed to get their pay fixed as last pay drawn by them before retirement with condition to deduction of non ignorable portion of pension from the pay so fixed. Refer Rajya Sabha unstarred question no. 2824 answered on 05/08/2014 clarifying fixation of pay of EXSM in Bank and Rajya Sabha unstarred question no. 1435 Answered on 06/12/2012 justifying the pay fixation in public sector bank and public sector Insurance.( Encl: 06)
A. Fixation of pay of Re-employed Ex-servicemen on the basis of Advance increment as stated in Finance Ministry O.M. dated 25/11/1958 and PCDA, Allahabad circular 166 dated 07/03/2013 and circular 179 dated 12/05/2015 and Defence minister Arun Jaitley Now Finance Minister’s Reply in Rajya Sabha dated 12/08/2014 and Supreme Court verdict of MP John and B. Ravindran case.
4. Reference is made to Office of the Principal controller of defence accounts (pension) PCDA,Allahabad circular 166 dated07/03/2013 and 179 dated 12/05/15 and Defence Minister now Finance Minister Sh. Arun Jaitley’s reply in Rajya Sabha on 12/08/14 “If the pay of re-employed pensioners who held post below the commissioned officer (PBOR) at the time of their retirement before attaining the age of 55 years is fixed at a higher stage because of advance increment and no protection of the last pay drawn is given the pay is treated as fixed at minimum of the pay scale for the purpose of ignoring the entire pension and allowing dearness relief on pension”.
5. The SC in his judgment dated 01/12/98 in the case of Director of ESI Vs MP John and ors said “the initial pay on re-employment was required to be fixed at the minimum of the scale of pay prescribed for the post in which the EXSM was re-employed. However it was provided that where the fixation of initial pay of re-employed person at the minimum of the prescribed scale of pay, would cause hardship, the pay may be fixed at a higher stage in the scale by allowing one increment for each year of service which the officer had rendered before retirement” in a post not lower than that in which he was re-employed. There would be a case of hardship if on re-employment the total amount received by the EXSM namely minimum of the pay scale plus pension and PEG whether ignorable or not, is less than the last pay drawn at the time of retirement. Under the GO 8/2/83 his pension has to be ignored in fixing his pay on re-employment.
6. The SC in his Judgment dated 08/11/96 Director general of post Vs B. Ravindran and ors has given reference of Finance ministry’s OM dated 25/11/1958,1964,1978,1983 and 1985. On 25/11/58 the Government of India took a policy decision in the matter of procedure to be adopted in fixing the pay of pensioners re-employed in central civil dept.”The initial pay on re-employment should be fixed at the minimum stage of the scale prescribed for the post in which an individual is re-employed. In cases where it is felt that the fixation of initial pay of the re-employed officers at the minimum of the prescribed scale will cause undue hardship, the pay may be fixed at a higher stage by allowing one increment for each year of service which the officer has rendered before retirement in a post not lower than that in which he is re-employed.
7. Illustration of above case is as below :-
Esm Mr X's last pay drawn certificate issued by Indian Armed Force on 28 Feb 2013 @72% was Rs. 33,529/- where as Salary of TA on minimum of pay (7510+2400=9910) @ 72% DA is Rs.21047/- my basic pension fixed on 8100/- after commutation pension plus DA @72% is 9882.Total salary plus gross pension is Rs.30,929/-, Hardship is of equal to Rs.2600/-. If pension and PEG is ignored then hardship will increase substantially. Then as per Finance ministry and Supreme Court’s verdict the case is falling under Hardship formula. So it is requested that , either the pay fixation under para 4(d) (i) should be made valid as per Finance ministry’s above mentioned OM or advance increment of number of Years of service may be provided in minimum fixation of pay.
Representation prepared by : Mr Ehsan from Kanpur.
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