No. /IFA/PM-II/Misc./Re-fixation of pay on re-employment /2015-16 Dt: 01-06-2015
Respected
This is regarding initial fixation of pay of Ex-Servicemen, who retired before attaining the age of 55 years and who hold posts below Commissioned Officers rank.
Vide O.M. HNo.3/ 19/ 2009-Estt (Pay-II) dated 05-04-2010, Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training, issued clarification regarding the manner of fixation of pay of retired Defence Forces Personnel/ Officers re-employed in Central Government Civilian posts after the implementation of C.C.S. (R.P.) Rules, 2008. The same was communicated to all the units of the Circle for implementation. Accordingly, the units have fixed the pay of the re-employed officials.
In some of the units, the pay of Ex-Servicemen re-employed after 01-01-2006, and in whose cases the pension was fully ignored, was initially fixed at the same stage as the basic pay drawn before retirement in the previous post, as per Para 4 (d) of the O.M. dated 05-04-2010. The copy of sanction and the pay fixation Memo., in respect of one such case of Sri Ch. Venkat Reddy, who retired as Naik in the Indian Army (with Last Pay Rs.13,170 + 2,800 G.P.) on 30-09-2008 and joined as P.A., Sattenapalli H.O., on 28-08-2010 (pay fixed at Rs.13,570 + 2,400 G.P.), is enclosed for reference.
The pay fixation made in the above manner was objected by the Audit stating that the pay fixation on re-employment shall be made as per Para 4 (b) (ii) read with Para 4 (d) (i) of the O.M. ibid.
The observations of Audit are as noted below:
1. (a) The re-employed pensioners shall be allowed to draw pay only in the prescribed pay scale/ pay structure of the post, in which they are re-employed – Para 2 [4 (a)] of the O.M. dated 05-04-2010.
(b) In all cases, where pension is fully ignored: The pay on re-employment shall initially be fixed as per entry pay in the Revised Pay Structure of the re-employed post applicable in the case of Direct Recruits – Para 2(4)(b)(i) of the O.M. dated 05-04-2010.
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(c) In cases, where pension is not ignored: The pay on re-employment shall be fixed at the stage as the last basic pay drawn before retirement and the non-ignorable part of the pension shall be reduced from the pay so fixed – Para 2 [4 (b) (ii)] of the O.M. dated 05-04-2010.
2. That is when the pension is fully ignored, the initial pay on re-employment shall be fixed as per the entry pay in the Revised Pay Structure of the re-employed post applicable in the case of Direct Recruits appointed on or after 01-01-2006. Accordingly, the pay of the above mentioned official shall be initially fixed as per the entry pay, i.e., Rs.7,510 + 2,400 G.P. instead of Rs.13,570 + 2,400 G.P.
Aggrieved by the above objection, representations are being received from individuals and unions, requesting for the protection of the Last Pay of the retired post. They produced copies of the pay fixations done in respect of other Departments like Railways, Income Tax and Department of Posts, Delhi Circle (copies enclosed), with the representations.
Hence, it is requested to cause to issue necessary clarification, with an illustration, for initial fixation of pay as per C.C.S. (R.P.) Rules, 2008 in respect of Ex-Servicemen, who retired before attaining the age of Superannuation and joined in the Department in both ways when pension is fully ignored or otherwise.
With
Yours sincerely,
(A. RANGANATH SHYAM)
Ms. Trishaljit Sethi
Dy. Director-General (Estt.)
Department of Posts,
Dak Bhawan, Sansad Marg,
NEW DELHI – 110 001.
