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
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
Comments
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.
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.
After going through only anything can be commented or next step be advised.