IMPLEMENTATION OF CAT ORDERS : PAY FIXATION OF REEMPLOYED EXSERVICEMEN

Dear veteran friends,

     Central Administrative Tribunal has issued several orders in favour of exservicemen as pay fixation on reemployment was  claimed before the authority.  Reemployed veterans who have in recipt of the entitled pay fixation are requested to cooperate with us to assist other applicants.  They all are requested to send the copy of Pay orders/ Pay fixation orders issued by their respective departments.

      Veterans who are seeking  pay fixation from their concerned departments kindly share  present status of the case, as exchange of information may help us to achieve our goals.  You may send your report to reemployedexsm@gmail.com.

Thank you,



JAI HIND.




   

CAT ORDER IN FAVOUR OF REEMPLOYED EXSM OF RAILWAY

IMPORTANT INFORMATION FOR CAT CASE FILING

My dear friends, 

Regarding the Case you filled in CAT, please brief the Advocate properly as we donot get pay protection as per existing Govt orders as of now. Due to this terminology used by many of the departments, making us fool on pay fixation matter. we are eligible for only to the last basic pay drawn which is clearly mentioned in para 3(v) of the om dated 05 Apr 2010.

The details are below:-

(a)     There is no pay protection to the re-employed ex-serviceman in civil posts but the last basic pay drawn is only being allowed. The Basic Pay can be decided by the Pension pay order /LPDC or with the Corrigendum PPO if any correction to the Basic pays at the time of retirement or as per the Basic pension, as pension is 50% of the last Basic pay drawn while in service. Also the elements of the basic pay to take for the pay fixation is explained in Para 3, sub Para 2(ix) of OM dated 31 Jul 1986 & OM dated 5 April 2010 [note under Para 4(a) for Grade pay & 3(iii) for MSP].

(b)       The most important clarification is given in the Para 3(v) of the OM dated 05 April 2010 as, 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 Rank /Civilian 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.67000 i.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.

(c)        The above para (b) has clarified and confirmed to bring equality to the pre 1.1.2006 and post 1.1.2006 retiree basic pay by allowing notional last basic pay drawn to pre 1.1.2006 retiree so as to bridge the gap between pre and post 1.1.2006 retiree while on re-employment takes place on or after 1.1.2006. This is to be understood thoroughly by the Admin and Audit authority of the department concerned while dealing with the pay fixation of the re-employed ex-servicemen.

           So kindly understand and brief every one, Because in the name of pay protection we have been fooled,It is evident in the resent clarification issued by DOPT for your Postal department. Non of the Govt order says last pay drawn pay to be protected( it means pay plus DA drawn ) and no where mentioned only minimum scale of entry pay to be fixed for re-employed ESM who retired before the age of 55 yrs & below in the rank of commissioned officer.

Regards,

Asokkumar T

9447574731 

TEAM HYDERABAD WON THE BATTLE OF PAY FIXATION

XX

PAY FIXATION IN GUJARAT CIRCLE : A MILESTONE OF SUCCESS OF OUR JOURNEY

Reemployed Exservicemen of  Gujarat Postal Circle got gsuccess in the battle of Pay Fixation.  The War Veteran Mr Girish retired in 1994 and reemployed in Dept of Post in 1996.  Since then he was unrest in getting his dues from the administration regarding Pay fixation.  Finally he acheived the goal.  He has been granted pay fixation based on the  Court Orders of 1996 vide his Divn Order No  B9/6/EXS MAN/2015 dated  26/10/2015 and the same has been forwarded to Gujarat Postal Circle & DAP office for verification on  16/11/2015.  The verdict of the court was in favour of the Ex Servicemen.  The instruction of the court is that, pay fixation of the reemployed central govt employees that of Exservicemen will be in following manner :-

   Step - I  Calculate the last pay drawn before retirement from the previous service/Defence authority.

  Step - II  Calculate the the pay of reemployed post with grant of number of advance increment equal to number of years of service in the Armed Forces.

Now the pay of the reemployed exservicemen is to  be fixed in the lower amount between I & II  and that one will be taken in to acount.

Contact Number of war veteran Mr Girish is : 9429134662.

He will upload the copy of orders once he gets his dues from the authority.

DA RELATED ORDERS OF CDA (P) ALLAHABAD

Circular No. 166

No. AT/Tech/263- XVI

O/o the Pr. C.D.A. (P), Allahabad

Date: 07.03.2013

To,
1. The CMD(Bank of Baroda, Oriental Bank of Commerce, Dena Bank
&Punjab &Sind Bank)
2. The Director of Treasuries of all state …….
3. The Nodal Officers (ICICI/IDBI/AXIS/HDFC Bank)….
4. The CDA (PD) Meerut……….
5. The CDA-Chennai……….
6. The Manger CPPC of Public Sector Banks… (except banks mentioned at
1 above)
7. The Pay & Accounts Officers…………
8. Military & Air Attache, Indian Embassy Kathmandu-Nepal
9. The DPDO…………
10 The Post Master…………..

Sub: - Non payment of Dearness Relief on Disability Element While on Re-
Employment.

*****************
The payment of dearness relief during re-employment / employment /
permanently absorption of pensioners / family pensioners under the Central or
State Government or in a Statutory Corporation / Company / Body / Bank under
them in India or abroad is not being regulated correctly by various Pension
Disbursing Authorities. Where some Pension Disbursing Authorities are
disallowing dearness relief to re-employed pensioner of commissioned officer
on disability element, others are allowing in few cases. Similar irregularities
have been noticed in case of pensioners of PBOR. The instances of not allowing
dearness relief to family pensioners during their employment are also drawing
attention of this office/Ministry from time to time. The position on the subject is
though clearly stipulated in Ministry of Personnel, Public Grievances &
Pensions, Deptt of P&PW letter No. 45/73/97-P&PW(G) dt. 2nd July, 1999 and
Ministry of Defence letter No. 79(1)/95/D (Pen/Services) dated 28th August
2000 and Deptt of P&PW UO No. 41/42/2007-P&PW(G) dt. 3-4-2008.
However, position is re-clarified as under for uniform implementation of above
orders.
(a) In case of re-employed pensioners who hold Group ‘A’ post or posts of
the ranks of commissioned officers at the time of their re-employment will not
be entitled to any dearness relief on pension on the fact that:-
(i) A certain portion of pension is taken into account and is not entirely
ignored.
(ii) The pay in the post of re-employment is not required to be fixed at the
minimum of the scale in all cases, and
(iii) Dearness allowance at the rates applicable from time to time is also
admissible on the pay fixed on re-employment.
(b)(i) The entire pension admissible is to be ignored in the case of civilian
pensioner who held posts below Group ‘A’ and those ex-servicemen who held
posts below the ranks of commissioned officers, at the time of their retirement.
Their pay on re-employment is to be fixed at the minimum of the pay scale of
the post in which they are re-employed. Such civilian pensioners will
consequently be entitled to dearness relief on their pension at the rates
applicable from time to time.
(b)(ii) The ex-servicemen (PBOR) who retired before attaining the age of 55
years and re-employed thereafter and their pay fixed at a higher stage because of
advance increments and no protection of the last pay drawn is being given, the
pay should be treated as fixed at a minimum only for the purpose of ignoring the
entire pension and allowing dearness relief on pension.
(c) The disability element is part of disability pension, therefore position
explained at a & b above will also apply for regulating dearness relief on
disability element during re-employment of pensioner drawing disability
pension.
(d) The family pension received by the eligible central Govt.
employees/Armed Forces pensioners is, in any case, not taken into account in
determining their pay on employment therefore, dearness relief at the rates
applicable from time to time shall be admissible on their family pension.
Incorrect payment of pension is not only infringement of Govt. orders
but also cause of concern to pensioners. It is, therefore, requested to instruct
Pension Paying Branches / CPPC / Offices / Treasuries under your jurisdictions
to regulate the payment of dearness relief on pension /family pension on reemployment/
employment/permanently absorption of pensioners/family
pensioners as explained above.

(P.N. CHOPRA)
Asst.CDA (P)


Copy to:-
1. T h e C G D A, ULAN BATAR ROAD, Palam Delhi Cantt-110010-
For information w.r.to HQrs. Office letter No.5609/AT-P/XXXI/PF
dt.14.02.2013
2. The Pr.CDA (Navy), Cooperage Road Mumbai.
3. The CDA (AF), New Delhi
4. PA to CDA (AT) / CDA (Gts) in Main Office.
5. PA to all Addl. CDA / Jt.CDA, in Main Office.
6. All GOs, in Main Office.
7. Officer-in-Charge, G-I/ M (Tech), G-I/C (Tech) and. Gts(Ors) /Tech
Section (Local).
8. Officer-in-Charge in all section (Local).
9. Officer-in-Charge EDP Centre (Local). For inclusion and uploading at
Website of this office.
(S.BASUMATARY)
ACCOUNTS OFFICER (P)

OROP TABLE