Reference consolidated instructions issued by the Deptt. of Personnel and Training vide their OM No. 3/1/85-Estt. (P.II) dated 31/7/1986 reg. fixation of pay on re-employment of pensioners, which was circulated to the Railways vide Board’s letter No. E(G)86/EM1/8 dated 21/1/1987.
After the introduction of the system of running pay bands and grade pays, the Department of Personnel and Training vide their O.M. No. 3/19/2009-Estt. (Pay II) dated 5-4-2010 have amended the relevant provisions of orders dated 31/7/1986 ibid in the manner indicated therein. A copy of the OM dated 5/4/2010 ibid is enclosed for guidance. DOP&T’s O.M. No. 3/13/2008-Estt. (Pay II) dated 11.11.2008 mentioned therein has been adopted & circulated on the Railways vide Board’s letter No. PC-VI/2009/I/RSRP/2 dated 30.4.2009. The amended provisions as indicated in the enclosed OM will apply mutatis mutandis in the case of fixation of pay of re-employed personnel on Indian Railways.
This issues with the concurrence of the Finance Directorate of the Ministry of Railways (Railway Board).
No. 3/19/2009-Estt (Pay II)
Government of India
Ministry of Personnel, Public Grievances & Pension
Department of Personnel & Training
New Delhi, Dated: 5th April, 2010
OFFICE MEMORANDUM
Sub:- Applicability of CCS (RP) Rules, 2008 to persons re-employed in Government service after retirement and whose pay is debitable to Civil Estimates.
The undersigned is directed to refer to this Department’s O.M. No. 3/13/2008- Estt. (Pay II) dated 11th November, 2008 on the above-mentioned subject. Certain references have been received seeking clarification regarding the manner of fixation of pay of retired Defence Forces Personnel/officers reemployed in Central Government Civilian posts, after the implementation of CCS (RP) Rules, 2008. This has been considered in consultation with Department of Expenditure. The pay fixation of re-employed pensioners on re-employment in Central Government, including that of Defence Forces personnel/officers, is being done in accordance with CCS (fixation of pay of re-employed pensioners) Orders, 1985, issued vide this Department’s O.M. No. 3/1/85-Estt. (Pay II) dated 31st July, 1986 (as revised from time to time).
2. After the introduction of the system of running pay bands and grade pays, it has been decided to amend the relevant provisions of CCS (fixation of pay of re-employed pensioners) Orders, 1986 in the manner indicated below:-
Existing provision |
Proposed revised provision |
Para 4(a): Re-employed pensioners shall be |
Para 4(a): Re-employed pensioners shall be |
Para 4(b)(i): In all cases where the pension is fully |
Para 4(b)(i): In all cases where the pension is fully |
Para 4(b)(iii): In cases where the entire pension and |
Para 4(b)(ii): In cases where the entire pension and |
Para 4(c): The re-employment pensioner will, in |
Para 4(c):No Charge. |
Para 4(d): In the case of persons retiring before |
Para 4(d): In the case of persons retiring before |
3. Apart from the above, it is also clarified as under:-
(i) Drawal of increments : Once the initial pay of the re-employed pensioner has been fixed in the manner indicated above, he will be allowed to draw normal increments as per the provisions of Rule 9 and 10 of CCS (RP) Rules, 2008.
(ii) Allowances: The drawal of various allowances and other benefits in the revised pay structure shall be regulated with reference to the grade pay of the re-employed post or the basic pay, as the case may be.
(iii) Treatment of Military Service Pay (MSP): MSP is granted to Defence Forces officers/personnel while they are serving in the Defence Forces. Accordingly, on their re-employment in civilian organizations, including secret organizations under the Cabinet Secretariat umbrella, the question of grant of MSP to such officers/personnel does not arise. 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 pre-1-1-2006 pensioners) should not be withdrawn. Accordingly, while the pension of such reemployed pensioners will include the element of MSP, they will not be granted MSP while working in civilian organizations.
(iv) Fixation of pay of personnel/officers re-employed prior to 1.1.2006 and who were in employment as on 1.1.2006: In the case of personnel/officers who were re-employed before 1.1.2006 and who were working in the Central Government organizations on re-employment basis as on 1.1.2006, their pay will be fixed in accordance with the provisions of DOPT O.M. No. 3/13/2008-Estt. (Pay II) dated 11.11.2008.
This O.M. stipulates that re-employed persons who become eligible to elect revised pay structure shall exercise option in the manner laid down in Rule 6 of CCS (RP) Rules, 2008 and their pay shall be fixed in accordance with the provisions of Rule 7 of CCS (RP) Rules, 2008. In this context, it is clarified that in accordance with the provisions of Rule 7 of CCS (RP) Rules, 2008, Department of Expenditure issued fitment tables corresponding to each pre-revised pay scale vide O.M. No. 1/1/2008-IC dated 30.8.2008. In the case of those personnel/officers as well, who were re-employed before 11.2006 and who were working in the civilian organizations on re-employment basis as on 1.1.2006, their pay will be fixed with reference to the fitment table of the pre-revised civilian pay scale in which they were re-employed and corresponding to the stage in the pre-revised pay scale as on 1.1.2006.
(v) Fixation of pay of personnel/officers who retired prior to 1.1.2006 and who have been reemployed after 1.1.2006: 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.
4. The existing instructions on the subject shall be treated as amended to this extent.
5. In so far as the persons serving in the Indian Audit & Accounts Department are concerned, theses orders are being issued after consultation with the Comptroller & Auditor General of India.
Sd/-
(Rita Mathur)
Director