CLARIFICATION REGARDING PAY FIXATION
Q-Is the Hon’Supreme court Judgement of 2013, civil appeal no 9873/2013, U.T. Chandigarh Vs Gurucharan Singh applicable to all Re-employed ?
Ans-(i)Ref. to CCS RP Rule 2008, page 01,Sl-2-2(i) , judgment is for employee of U.T Chandigarh who doesnot come under the preview of CCS Rule- and hence can not be applicable to the other re-employed ESM.
(ii) Ref to CS Rule 1986 Para 16,page 9,and Min of Finance (Dept of Expenditure) O.M F-6(8)/E-III/63 dated 11/04/1963 separate provision exists for fixation of pay for ex-Combatent Clerks and Store Keepers.
In view of the above The above Judgment can not be imposed for all Re-employed ESM. And instead the Ref to Hon Supreme Court Judgement of 8 Nov 1996 in the case of DG Post Vs B Ravindran can be refered for those retired before the age of 55.
Q-Can the Amount paid to Re-employed EXSM be recovered by the departments?
Ans-Ref to DOPT OM F.No.18/03/2015-Estt. (Pay-I) dated 2nd March, 2016, para 4, the excess paid if any to GP C,D employees can not be recovered if the employee is facing hardship.
Q- When a Re-employed ESM will be considered for undue hardship.
As per the provision the re-employed ESM will be considered for undue hard ship iff The Present Pay +Non Ignourable Part of Pension(i.e pension and pensionary benefits) is less than the substansive pay(i.e last Pay drawm). As per existing orders the part Non Ignourable Part of Pension(i.e pension and pensionary benefits) is ignored for those retired before the age of 55 .
Hence the re-employed ESM will be considered for undue hard ship iff The Present Pay is less than the substansive pay(i.e last Pay drawm).-Ref to Hon Supreme Court Judgement of 8 Nov 1996 in the case of DG Post Vs B Ravindran.
Courtesy : Kedar Satapathy,
Ex- Indian Naval Petty Officer
Postal Assistant
Berhampur Head Post Office(760001)
Berhampur Head Post Office(760001)
great job Kedar DA
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