10 May 2020

Proposed Pay Fixation Order of DOPT

DOPT has circulated a draft Order for CCS (RP) rules for Fixation of pay of  Reemployed Pensioners 2019. The orders highlights are as under.










06 May 2020

पेंशनधारकों के लिए जरूरी सूचना : अब बैंक नहीं करेगा आपकी पेंशन, Defence ...



To know the detailed news please click on the above video. 

PCDA (Pension) has issued letter to AGM of all CPPC. They have issued guidelines to migrate the complete date to them as further pension will be disbursed by the PCDA(P).  The details are in this video. Click here to watch video .


03 May 2020

PAY FIXATION LATEST NEWS


FIGHT FOR RIGHT : PAY FIXATION OF REEMPLOYED JCOS/OR
           
Pay fixation of reemployed Ex-servicemen is a long pending issue and now I want to narrate the entire case history and present status of the case. After putting several years of bona fide military service in Indian Armed forces, soldier, sailors and airmen are left in uncertain civil life at their middle age. A very few of them only get reemployed in Govt department . Burt their pay is fixed at the entry pay which is applicable to a just college pass out new teenager  recruit.   Whereas the retired JCOs/OR at this time heavily shucked with burden maintain his family in terms of education & marriage of children, built a shelter and take care of old age parents.


To see the video please click here : PAY FIXATION OF REEMPLOYED EX SERVICEMAN


To watch video click on the picture above 



            Here I would like to narrate the entire issue since back in 1958. You may watch video on link given above to know this entire facts.

            In 1958, Ministry of Finance, Department of Expenditure issued guidelines regarding modalities of pay fixation of all ranks. At that time pay fixation at higher stage was applicable to the reemployed persons who were in undue hardship.  The parameter of undue hardship was determined with some simple arrays. It was in simple form like that,  If your pay in reemployed civil post plus pension sanctioned less ignorable  part  total amount  is less than pre-retirement pay the condition will be treated as undue hardship.  In such cases, advance increment was granted equal to number of years served in Armed forces.

            In 1983 the system turned more simplified.  Entire pension of JCOs/OR treated as ignored for the purpose of pay fixation.  As a result if your present pay of civil post was less than your pre-retirement pay then you were eligible to be treated under undue hardship.  Advance increment was still applicable.

            In 1986 the controlling authority of pay fixation related orders shifted from Ministry of finance to DOPT. After implementation of 4th CPC on 31 July 1986 DOP&T issued guidelines where modality of pay fixation has divided in to two different categories.  The first one is for Retired Commissioned officers or Gp A officers of Civil sides. And another set of orders for reemployed JCOs/OR or equivalent civil post.

            A re-employed commissioned officers who retired before 55 years of age and appointed in any civil post, he will be allowed to draw the pay in civil post at the same stage as the pay drawn before retirement. Deduction will be made after allowing all pay and allowances on the pay so fixed. The deduction amount is equivalent to pension less  non ignorable part of pension (Rs 15,000 at present).





For illustration Col XYZ retired with basic pay  Rs 1,60,000/-  + MSP 15,500

Pension = Rs 87,750/- + DR  =  Total Rs 1,06,178/-

Reemployed in Gp A  Central Civil Services  with initial pay Rs 56,100/- + DA (21%) + TA(7200+21%DA) + HRA (24%)  = 90,057/-

(Pay + pension should not exceed  2,25,000 - 87,500 = Rs 1,37,250 In this case the pay to be fixed &  restricted to Rs 1,37,250/-) (as per DOPT OM dt 01.05.2017 effected from 01.01.2016)

His pay will be fixed at Rs 1,37,250/- + DA (21%)+ TA(7200+21%DA) + HRA (24%) 
= Gross pay Rs 2,07,725/- 
Deduct  Pension  (Less ignorable part)  - Rs 80,000 – 15,000/- = 65,000/-  (MSP element of
                                                                                                                pension not to be counted )
 Net salary drawn – Rs 2,07,725 – 65,000/- = 1,42,725/-


His total income Pay + pension =  Rs. 1,42,725/- + Rs. 87,750/- = Rs 2,30,475/-  
                                                             (DR on pension not applicable)

In case of non applicability of pay fixation benefit his total income would have  (Pay + Pension with DR)
Rs 90057/- +  106178/- = 1,96,235/-

So, the senior officer is benefited by Rs 2,30,475 – Rs 1,96,235/- =  Rs 34,240/


Now, the JCOs/OR who retires before 55 years of age :-

Pay to be fixed at minimum of pay applicable to new recruit on the reemployed post.

Hence, they are totally ignored and no pay fixation benefit is applicable to this category.

Question of illustration does not arise here.

From the above facts following three things are extracted:-

1)    Policy makers always think about their own category. Welfare of other categories done not makes any sense to them.

2)    Joining defence forces in other than commissioned rank is a matter of pride, because we have the ability to live without any special provisions of government.

3)    The things which are getting wrong with someone else do not bothered others.

This 1986 DOPT orders was applicable to employees of Central Civil Services only.  Bank and other PSU and some stat government employees were allowed to get the pay protection, the methodology which was different this and ultimately these reemployed JCOs/OR were ultimately benefitted enough. 

Meanwhile RTI Act 2005 enforced.

In the year 2010 Govt of India  issued another set of instructions regarding applicability of pay fixation which caused huge ambiguity in interpretations and some department started giving pay fixation benefit to reemployed JCOs/OR.  Ignorable part of pension increased from Rs 1,500 to Rs 4,000/- for Commissioned Officers. Those who did not get the benefit, raised their voice through RTI applications and PG Portal. Ultimately all central Govt department seized to extend the pay fixation benefit to reemployed JCOs/OR.  Approx 400 Court case raised in different part of the country.


In the course of time, re-employed ex-servicemen united at their respective department level and regional level. Various reemployed ex-servicemen associations approached the Directorate of Ex-Servicemen Welfare (DESW) under Ministry of Defence and they have ultimately convinced and accepted the injustice and discrimination in the 1986 pay fixation orders and agreed to make necessary rectification.

They promised to issue suitable instructions to fix the pay of JCOs/OR at par with the Commissioned officers but the CCS (RP) Rules , Fixation of pay of reemployed pensioners 2016 failed to incorporate any such instructions in this regard.

Meanwhile, in the year 2017, the All India Ex-Servicemen Association formed which was recognized by Ministry of Defence and other stake holders. The Association met Govt authorities in formal meeting to discuss the anomalies in 2016 pay fixation orders.  After repeated requests and reminders and a number of meeting held with Ministry of Defence and DOP&T, finally  DOP&T has drafted the revised order of pay fixation  which is at par with the pay fixation method adopted earlier for Commissioned Officers which were circulated to the stakeholders for necessary review and recommendation at their end.

During the recent meeting held with the authority, they assured us that the final orders will be issued very soon once the draft reviewed by the stake holders and received at their end.

Salient features of the Proposed Pay fixation Orders of DOP&T are as given below :-

CCS (RP) Fixation of pay of reemployed pensioners
rules 2019.

1.    Modalities of pay fixation for JCOs/OR will be at par with other categories.2. Ignorable part of pension will be 15000 or 70% of pension whichever is less.

3.    DR on pension will be seized for entire reemployment period.

4.   Will be effective from 01.01.2016 and retrospective effect is applicable to existing reemployed pensioners.

5.    MSP, class pay & x pay will not be counted as part of
       pre-retirement  pay.

6.  Combatant clerks will be treated at par with other categories

7.   Age limit for ignoring a part of pension increased from 55 to 57.


 
Here is an illustration of pay fixation of a reemployed Hav of Indian Army (Level 5 of Pay matrix)  who retired from armed forces in 30.04.2020


ILLUSTRATION (PROPOSED DOPT PAY FIXATION RULES-2019)  :
Last pay in Armed force : Rs 46,000/- + 5200(MSP) +6200 (X Pay)
                                                      + 360 (Class-I pay) = Rs 57760/-
Initial pay of civil post    : Rs 29,200/-
Pension sanctioned         : Rs 28,880/-
Pay to be fixed : Rs 46,000/- + DA + HRA + other
                      allowances = Rs 71,056/-
Deduction         : Rs 23,000 – 70% of 23,000
                            = Rs 8790/-   (MSP, X Pay, Class pay etc are not to
                                           be counted)
Net pay in civil post = 71,056 – 8790 = 62,266/-
Net pension in civil post = 28,880/- (including commuted portion)
                                                          No DR applicable.

Total pay + Pension  = 62266 + 28880 = Rs 91146/-

ILLUSTRATION (AT PRESENT AS PER 1986 PAY FIXATION RULES)  :
Last pay in Armed force : Rs 57,760/-  (PAY IN PAY MATRICS ONLY)
Initial pay of civil post    : Rs 29200/- (Auditor/Accountant grade)
Pension sanctioned         : Rs 28880/-
Pay to be fixed : 29200/- TA(3600+21%DA)+ DA(21%) + HRA(24%)
       = Rs 46696/-
Deduction                         : Nil
Net Pension                        =  28880/- + DA 21%
                                              =  Rs. 34945/- (including commuted amount)
Total pay + Pension           =  46696 + 34945 = Rs 81641/-

So, net difference        = 91146 – 81641 =   Rs 9505/-

The final Orders is likely to be issued by DOPT very soon.  Case has been taken with DOPT by AIREXSA for inclusion of all elements of pre-retirement pay for purpose of fixation of pay in civil post.  


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29 November 2017

Meeting at Howrah on 25 December 2017

ALL INDIA RE-EMPLOYED EX-SERVICEMEN ASSOCIATION




(Affiliated to Bhartiya Mazdoor Sangh)

Address: 25,32,33 Ibrahim Mansion Parel,Mumbai-400012.
Registration No. A.L.C/DESK No-17/11117 Dated 04 th March 2017.

 Email Id: airexsa2017@gmail.com(M):8879898861/9833157398/9036168172          


President:                                          Working President                        General Secretary
Shri. Yesbir Singh                             Shri.     Ramakrishna Reddy           Shri. Jagadish Mahata
   9833157398                             9036168172                               8879898861
----------------------------------------------------------------------------------------------------------------------------------------------------------------
INVITE TO ALL RE-EMPLOYED EX-SERVICEMEN TO ATTEND THE MEETING.
           
A meeting is proposed by All India Re-Employed Ex-servicemen Association, which is scheduled on 25thof December2017 at “INDIAN MEDICAL ASSOCIATION, HOWRAH BRANCH, BIPLABI HAREN GHOSH SARANI, HOWRAH-711101 (Just beside the Main Gate of Bijoykrishna Girls College) AT 10.00 Am. (Bus towards Howrah Maidan via Bankim Setu get down  at Girls College stoppage on Bankim Setu itself)

CO-ORDINATOR
FUND MANAGER
GUIDANCE
Shri Sudip Hore(8013341186)
Shri Parag Chatterjee (9830882695)
Shri Bikash De (9088883623)
Shri Gorachand Das (9748349172)
Shri Subrata Chakraborty(8902296207)
Md. Abul Hassan(9874791372)
Shri  Ranjit Dutta
Shri  ID Choudhary
Shri TusharThakur
Shri Ashish Seth
Shri Jagadish Mahata
Shri Yesbir Singh
Shri Kedar Satpathi
The Schedule of the Meeting will be as follows:-

1st Session Timing       -           From 1000 Hrs to 1300 Hrs

Lunch break                -           From 1300 Hrs to 1400 Hrs

2nd Session                   -           1400 Hrs to 1530 Hrs
Dear members,
I would like to inform all my colleagues who have been re-employed as a Govt. employees like Central Govt./State Govt./CPSU/SPSU/, the agenda of the meeting will be 'pay fixation' and other issues, you can also raise your problems and we can work for it’s solutions. Please confirm your plan of attending the meeting before 17th Decmber2017 to the co-ordinator. So that they can do the necessary arrangements. You can confirm your plan by texting them on WhatsApp of our association(AIREXA)any group or personally contact with them.
Regards,
       Jagadish Mahata
      General Secretary.
Correspondence Address
A/204, K. Bhaskar Patil Apartment, Kolshet Road, Taricha Pada, Kolshet Gaon, Sandoz Baug, Thane – 400607


12 October 2017

MEETING OF AIREXA AND DOP&T HELD ON 10 OCT 2017

Congratulations to All Ex Servicemen. Minutes of Meeting OF AIREXSA with Joint Secretary (DOPT) held on 10th October-2017.

The meeting of the AIREXSA was held at 4.00 pm under chairmanship of Joint Secretary(E)  at Room No 111,Noth Block,New Delhi. The list of participants is mentioned below.

From DOPT side:-       Shri Gyanendra Dev Tripathi ……..Joint Secretary ( E)
            Shri Ashok Kumar Jain……Deputy Secretary(Pay)
            Shri Puspender Kumar…..Under Secretary (Pay)

From AIREXSA side:- Shri Yesbir Singh…..President (Railway)
            Shri Jagadish Mahata…General Secretary (EPFO)
            Shri Sanjay Tiwari…Joint Secretary (FCI)
            Shri VCS Ravi Prasad…Member (EPFO)

In his introductory comments, he told us to say our contention  regarding re-fixation of pay of Ex-Serviceman (PBOR) at the same time , I had nominated to Shri Sanjay Tiwari to say our fact.

The outcome of our discussion was very positive as he has realised our core issue but at the same time he has expressed his inability to amend any rule of their own until the same is passed by the Parliament/Ministries. But on the other side they said that they are preparing a draft to put to concerned Ministry, and once the draft is ready they will again call a meeting with our representative for consultation and prepare the final draft. The same will be sent to concerned Ministry for approval. Once it is approved the DOPT will make the order in this regard.

The Deputy Secretary and undersecretary has told that they are receiving many grievances every day regarding this subject so they are unable to concentrate on this matter as they are busy in replying those grievance/RTI. And requested our members not to put grievances till the final draft is ready. So the same can be done at an early time.

Secretary of our AIREXS requested all not to put grievances/RTI  till the draft is ready. 

09 June 2017

DOPT File notes on 01.05.2017 OM which is positive

Noting of DOPT regarding OM dated 01.05.2017



DOPT IS POSITIVE IN OUR PAY FIXATION ISSUE AND THEY WILL ISSUE ORDER SOON

DOPT approached to following dept for issuance of OM regarding applicability of CCS RP Rules 2016 on implimentation of VII CPC benefits to Reemployed pensioners :

  1.   DoE, Min of Finance
  2.   DESW, Min of Def
  3.   DOP&PW, Ministry of personnel

DOPT sent the draft OM regarding the applicability of CCS RP Rules to the reemployed pensioners to above depts and they all have sent their views on the draft OM.  DESW has sent the positive view regarding our demand for pay fixation at par with Commissioned Officers vide their OM No 28(11)2017/D (Res-I) dtd 15.02.2017.

On receipt of the all inputs from the above depts DOPT has placed the revised OM in their file note. No 3/3/2016-Estt (Pay-II) Note 35, 36 & 37 dated 10.04.2017.
Relevant portion of their notes are reproduced below :-

D/o Exservicemen Welfare have also stated that that MSP needs to be reckoned as part of pre-retirement pay while carrying out pay fixation in re-employed posts.

Further, they have stated that JCO/OR (PBOR) should be given option to choose between pay fixation  at minimum of the pay scale of the reemployed post and pay fixation by protecting last pay drawn (as done in the case of Commissioned Officers/Gp A officers), whichever is more beneficial to them.  At present the draft OM is only intended to extend the benefits of VII CPC to re-employed pensioners and has already received the concurrence of Do Expenditure.  Notwithstanding the above, as the instant suggestion of D/o ESW involves change in policy, the same is proposed to be taken up separately while consolidating the existing orders on the subject.

5.    The draft OM has sine been re-visited in view of the aforesaid comments received from the three Departments and following changes have further been made to the draft OM -

The comments of D/o Pensions & PW and D/o ESW in respect of revision of pension limits in respect of ex-combatants clerks / storemen being inconclusive, it is proposed that the ignorable part of pension may be substantially enhanced to Rs 5000/- to make it reasonable and proportionate with ignorable pension limit of Rs 15000/- in respect of Group 'A' Officers.   It may be noted that entry pay of Group A officer in VII CPC Scenario is Rs 56100/- for whom the ignorable part of pension has been calculated as Rs 15000/-.  Applying the same formula to Clerks with pay scale / level 2 in the pay matrix with minimum pay of Rs 19900/- on a proportionate basis, the ignorable amount of pension comes to Rs 5321/- approximately, which may be rounded off to Rs 5000/-.  Keeping in view he observation of D/o Expenditure on this para with regard to the need of retaining the provision itself, it is to be pointed out the ex-combatant clerks/storemen continue to be re-employed in Civil Posts and as such, the said provision cannot be done away with.  So far as the concurrence of D/o Expenditure on the amount or Rs 5000/- as ignorable part of pension is concerned,the same shall be obtained at the time of consolidation of various instructions on this subject.

JS(E)

   This OM is necessary to be issued so that the benefits of 7th CPC are extended to re-employed pensioners except persons re-employed on contract except those where contract provide otherwise.

    There have been many grievance regarding different pay fixation formula adopted in respect of Group 'A' and below group 'A' re-employed pensioners which has been reflected in the views of DESW.  We have already suggested a formulations to DESW which is largely agreeable to them but if we desirable to issue the consolidated OM it will require fresh consultation with DoE & DP&PW which may take some time.  Therefore we are delinking the policy change issue from operational issue.  We will issue suitable policy OM with necessary consultation.



(Scanned copy of the Note sheet will be uploaded in due course)

31 May 2017

Reemployed Exsm Meeting on 25.06.2017 in Kolkata

The meeting of reemployed ex-servicemen will be held on 25.06.2017 in Kolkata.

Venue and time will be intimated later.

Agenda - Pay fixation of reemployed ex-servicemen.

All local reemployed ex-servicemen are requested to attend the same.

For details please Contact - 7003693603  Parag Chatterjeee, Coordinator/Convenor.




17 March 2017

Ministry of Defence recommended for pay fixation of Exsm JCOS/OR

Dear veteran friends,
      Our movement, fight for rights likely to win the battle.  Ministry of defence has forwarded their recommendation to DOPT and positively recommended.  Mr Puspendra Singh, Under Secretary, DOPT has sent the document to me.