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Fixation of pay of re-employed ex-servicemen pensioners retiring before attaining age of 55 years and who hold post below commissioned officer rank in the Defence Forces

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Clarification regarding fixation of pay of re-employed ex-servicemen pensioners retiring before attaining age of 55 years and who hold post below commissioned officer rank in the Defence Forces.

FILE NO. 01-01/2011-PAP
GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATIONS AND I.T.
DEPARTMENT OF POSTS (ESTABLISHMENT DIVISION)
DAK BHAWAN, SANSAD MARG, NEW DELHI-110001.

THE: 15th September, 2015.
TO
All Chief Postmasters General,
Chief General Managers, PLI, BD&MD,
Deputy Director General (PAF), Postal Dte.,
All General Managers(Finance),
All Directors of Accounts (Postal),
The Director Postal Staff College of India, Ghaziabad,
All Directors of PTCs.

Sub: Clarification regarding fixation of Pay of re-employed ex-servicemen pensioners retiring before attaining age of 55 years and who hold post below commissioned officer rank in the Defense Forces.

Sir/Madam, I am directed to forward herewith a copy of clarification issued by the Ministry of Personnel, PG and Pensions, Department of Personnel and Training, New Delhi, DoPT ID Note No. 1101965/2015-Estt.(Pay-II) dated 28th August 2015 on the subject cited above, for kind information and further necessary action at your end.

2. Clarification may be circulated to all sub-ordinate offices concerned, with direction to dispose all cases of pay fixation of re-employed ex-servicemen pensioners retiring before, attaining age of 55 years and who hold post below commissioned officer rank in the Defense Forces, in light of clarification issued. Enclosed: As above

Yours faithfully,
sd/-
(Major S.N. Dave)
Assistant Director General(Estt.)

Department of Personnel & Training

Establishment (Pay-II)

Reference preceding notes
D/o Posts may please refer to their proposal on preceding page seeking clarification regarding fixation of pay of re-employed/ex-servicemen pensioners retiring before attaining the age of 55 years, who held posts below commissioned officer rank in the Defence Forces and also whether the last pay drawn before retirement is subject to protection.

2. The. matter has been examined in this Department. It is pointed out that paras 4(a), 4(b)(i) and 4(d)(i) of DOS (Fixation of Pay of Re-employed Pensioners) Orders, 1986 as amended vide this Department’s OM. No.3/19/2009-Estt.(Pay.ll) dated 5.4.2010, provide that in case of ex-servicemen who held post below Commissioned Officer rank in the Defence Forces and in the case of civilians who held posts below Group ‘A’ posts at the time of their retirement before 55 years of age, the entire pension and pension equivalent of retirement benefits shall be ignored, that is, no deduction on this count is to be made from the initial pay fixed on re-employment. Also, in terms Of the Para flin) of CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986, as amended vide this Department’s O.M. No.3/19/2009-Estt.(Pay.ll) dated 5.4.2010, 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 1.1 .2006. as notified vide Section II, Part A of First Schedule to CCS(Revised Pay) Rules, 2008. These instructions do not provide for protection of last pay drawn before retirement, in such cases.

3. Deputy Secretary (Pay) has seen.

sd/-
(Pushpender Kumar)
Under Secretary (Pay)

D/o Posts [ADG (Estt.)], Dak Bhawan, New Delhi DoPT ID Note No. 1101965/2015-Estt.(Pay-II) dated 28th August 2015

Authority: www.indiapost.gov.in

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7 comments:

  1. DOP &T has issued clerification regarding pay fixation of Ex-Servicemen recently to Dept of Post. They have clerified that the pay protection is not aplicable to reemployed PBOR. However, our demand was to avail the pay fixation and NOT pay protection.
    it is revealed that the re-employed Ex-serviceman who held below Commissioned Officer Rank in the Armed Forces at the time of their retirement, are being deprived and this is contrary to the natural justice and violation of fundamental rights. Commissioned Officers must get their entitled pay in their reemployed posts as mentioned in the relevant rules/orders issued by DOP&T but PBOR also should get the same if we consider them part of the Indian Armed Forces and we remember their sacrifice for our country. The Personnel Below Officer Rank (PBOR) of the Indian Armed Forces mostly retired on superannuation after completion of 17- 20 years of service at an average age of 40 years in the rank of Havilder or Sepoy/Nk and equivalent rank of Navy/Air Force. Scope of resettlement in the Govt sector is too less whereas requirement is too much. Only 3% veterans get Govt job against the 5% Ex-serviceman quota reserved for Gp C & D posts only. The eligible, qualified and experienced Ex-serviceman recruited mostly in the Group D/MTS/LDC/equivalent posts in the Central Govt in Pay Band –I (Rs 5200-20200) with grade pay of Rs 1800/1900. The initial gross pay/entry pay including DA and other allowances as on date is appeared to be less than Rs 17000/-pm.
    Pension sanctioned including DR at an average is now Rs 10,000/- pm. The total monthly income after 20 years of service is Rs 27,000/- pm. Whereas a central govt servant with similar profile and 20 years of service is drawing his salary not less than Rs 50,000/- pm. Even a newly recruited LDC in any govt office with only 7 years of service is drawing Rs 30,000/-pm. ESM have wide experience of versatile nature of work, highly motivated, disciplined and trained for prompt actions with demand of situation and it has been proved in the PSU/Banks that the productivity/efficiency of the ESM category of manpower is almost 95% more than the fresher and they have honoured their efficiency/service experience in the form of allowing the pay fixation/ protection of last pay drawn (Copy of Circular of Indian Banks Association enclosed). According to the requirement of the stages of life the minimum supported wages to the reemployed veteran who sacrificed their youthfulness in the sack of nation must be considered by the competent authority. blog : www.reemployedexservicemen.blogspot.in or call me on 9088883623. My Email ID is bikashde76@gmail.com. Jai Hind, Jai Jawan. Regards, Ex Hav/Clerk Bikash De Indian Army, Corps of Signals. Present designation : Jr Acountant, Postal Acounts and Finance, Kolkata.

    ReplyDelete
  2. Above order is a glaring example of mis-interpretation.
    1) Pay protection does not mean pay fixation.
    2) Para-2 of clarification i.e "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 1.1 .2006. as notified vide Section II, Part A of First Schedule to CCS(Revised Pay) Rules, 2008.'
    does not implies that,on re-employement pay willl be fixed at initial pay. Please read carefully,"initial pay on re-employment shall be fixed as per (not at ) the entry pay.
    3) Re-employed pensioners have never asked for pay protection but fixation like given in the case of commissioned officers but ignoring PEG as the PEG of PBOR is very negligible.
    4) The pay fixation is granted to employees of Railways, Depat. of IT, LIC, PSU Banks etc. How can DOPT can have two sets of interpretation?
    5) The clarification amounts to examination in the light of natural justice and equal right.

    ReplyDelete
  3. The clarification issued by DOPT clearly says that no deduction on account of pension to be made from the pay fixed on reemployment. I.e. if initial pay is to be fixed at minimum then the question whether pension is to be ignored or not does not arise. So it is very clear from the clarification that pay is to be fixed at the same stage of pay last drawn but in the revised pay structure of the reemployed post

    ReplyDelete
  4. It is unfortunate that Dept of Post not able to under stand what is the term "as per entry pay in the revised pay structure of the reemployed post" mentioned under Para 4(b)(i) of DOPT OM DTD 5.4.10 refers. Under VIth CPC the revised pay structure comprises only Grade Pay attached to a post and applicable pay band. Now the entry pay referred above denotes the Grade pay only. Grade pay corresponds to the pre revised pay scales/post. Moreover initial pay fixation of reemployed pensioners is governed by rule 7 of CCSRP Rules 2008 wef 1.1.2006.

    ReplyDelete
  5. para 3 (2) (ix) of 1986 OM relating to pre retirement pay of (JCO,NCO and OR) for fixation of pay and DOPT letter 8/11/2010 clarifies that MSP should be added in pre-retirment pay while fixing the pay of re-employed ex-servicemen. what for the word pre-retirment pay used in 1986 OM?

    ReplyDelete
  6. Sir you all are commenting that except dept of P&T everyone is fixing pay correctly. Can anyone post any letter from other depts for reference. Request email to sam.sudama@gmail.com
    After going through only anything can be commented or next step be advised.

    ReplyDelete
  7. The above clarification received by Dept of Post from Dept of Pers and Training for a clarification wrongly sought as to whether the last pay of ex-servicemen below 55 years PBOR who re-employed in the Central Govt jobs can be protected like Para 4 (b) (ii) based on which initial pay of officers is fixed at the same stage of pay last drawn by them in the military service. This question is completely wrong on the face of it as the manner of pay fixation of PBOR (below 55 years of age) and officers are catered in separate para i.e. Para 4 (b) (i) & 4 (d)for PBOR (below 55 years age) and 4 (b) (ii) for Officers (above 55 years age). In the case of commissioned officers initial pay is fixed at the same stage of pay last drawn duly applying Rule 7 of CCS (RP) Rules 2008 and in the case of PBOR the initial pay is to be fixed in the Pay Band of the re-employed post duly applying Rule 7 of CCS (RP) Rules 2008. However. the above clarification given by DOP&T is further misinterpreted by Dept of Post. Clarification of DOP&T that the "last pay drawn cannot be protected in the case of PBOR" is being implied as the initial pay should be fixed at the minimum of post. Which is completely wrong. The above clarification no where mentions that the initial pay should be fixed at the minimum of the re-employed post, it say only last pay drawn cannot be protected. As the pay fixation of re-employed ex-servicemen should be governed by Rule 7 of CCS (RP) Rules 2008, the initial pay should be fixed in respect of their pre-retirement pay but the pay so fixed should not exceed the maximum of the Pay Band, that is what it means. Unfortunately, the Dept of Posts and some other Central Govt Depts have decided not to give the benefits of VI CPC to re-employed PBOR below 55 years of age which the Govt of India provided to them and deny the legitimate dues. Para 3 (v) of the DOP&T OM dtd 5/4/2010 very clearly explains the manner of pay fixation of govt servants who re-employed on or after 1/1/2006.

    ReplyDelete


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