Ministry of Personnel, P.G. and Pensions
(Deptt. of Personnel and Training)
Subject : Implementation of Supreme Court Judgement in case of employees of non-
statutory departmental/cooperative canteens/tiffin rooms located in Central
Government offices-extension of pensionary and GPF benefits – Matters
is directed to refer to O.M. No.12/5/91-Dir.(C)
dated 29th January, 1992 regarding implementation of Supreme
Court judgement in case of the employees of
canteen/tiffin rooms located in Central Govt.
offices vide which the employees of the above canteens/tiffin
rooms registered with Director (Canteens) were treated as Government servants w.e.f. 1.10.91 and extended all the benefits as are
available to other Central Government employees of comparable status. As envisaged in the judgement delivered on 11.10.91 by the Hon’ble Supreme Court of India in WP No. 6189-7044 and
8246-55 of 1983 – C.K. Jha and others Vs. Union of
India and others. It was inter-alia
stated vide the above quoted
2. In the judgement the Hon’ble Supreme Court ordered “FOR THE PURPOSE OF
CALCULAITON OF PENSION SERVICE FROM THE DATE OF INTERLOCUTORY ORDER SHALL BE
(A) PENSIONARY BENEFITS:
(i) Those appointed on or after 1.10.91 will be compulsorily governed by the provisions by the provisions contained in the CCS (Pension) Rules, 1972, CCS(Commutation of Pension) Rules 1991 and the CCS (Extra-ordinary Pension) Rules.
(ii) Those appointed prior to 1.10.91 and were still in service on that date will have an option -
(a) either to elect pension scheme under clause (i), or
(b) be governed by the Contributory Provident Fund Scheme. The option will have to be exercised within six months from the date of the issue of these orders in the form at annexure to these orders. The option once exercised will be final. These who do not exercise any option within the stipulated period will be deemed to have opted in favour of the pension scheme.
(iii) Those who opt for pension scheme will also be eligible for benefits of family pension and retirement gratuity/ death gratuity under the CCS(Pension)Rules, 1972.
(iv) Those who opt for CPF Scheme shall also be eligible for retirement gratuity/death gratuity admissible under the CCS(Pension)Rules, 1972. They will not, however, be eligible for family pension benefits thereunder.
(v) In the case of persons who have retired between 26.9.83 and 1.10.91, since they would have rendered less than 10 years qualifying Service reckoned from 26.9.83 and will not be eligible for monthly pension therefore, their settlement of retirement benefits already done under the Departmental Canteen Employees (Recruitment and Conditions of Service) Rules, 1980 promulgated vide GSR No. 54, dated 23.12.80 will not be disturbed. Similarly in the case of those who have retired between 1.10.91 and the date of issue of these orders since they would also have rendered less than 10 years qualifying service reckoned from 26.9.83 and will not be eligible for monthly pension, their settlement of retirement benefits already done under the Departmental Canteens Employees (Recruitment and conditions of service) Rules, 1980 will also not be disturbed.
(vi) The families of the employees who died while in service between 1.10.91 and the date of issue of these orders and who are eligible or have been allowed family pensions benefits under the EPF and Miscellaneous Provisions Act, 1952 will have an option either to continue to draw family pension under the said Act or to receive family pension admissible under the CCS(Pension) Rules, 1972. In the later case the family will have to refund the employer’s contribution of EPF including interest thereon received by them alongwith simple interest at 6% per annum from the date of drawal to the date of refund. The option will be exercised within six months of the date of issue of these orders. The option once exercised will be final. If no option is exercised within the stipulated period, the families will be deemed to have retained the benefits under the EPF and Misc. Provisions Act, 1952. The employees who were not subscribing to EPF their families will be eligible for the benefit of family pension under CCS(Pension) Rules, 1972.
(B) PROVIDENT FUND :
(i) The employees appointed on or after 1.10.91 will be compulsorily governed by
the General Provident Fund (Central Services) Rules, 1960.
(ii) In the case the employees recruited prior to 1.10.91 and were still in service on that date and are subscribing to Employees Provident Fund and opt for pension in terms of these orders, shall be regulated as follows :-
(a) The amount standing the EPF account as on 30.9.83 representing the employer’s contribution and the employees contribution, shall remain in the EPF account being operated by the Chief Provident Fund Commissioner and paid to the employees as and when they retire from Government Service.
(b) As far as contributions made beyond 30.9.83 are concerned, the entire balance lying to their credit in the EPF accounts shall be transferred to the Government who in turn will credit the employee’s contribution with interest thereon to their respective GPF account and the employer’s contribution with interest accrued thereon shall be resumed by the Government.
(iii) In the case of those who were subscribing
to EPF and to not opt for pension scheme in terms of these orders, they will be
eligible for contributory Provident Fund benefits under the CPF Rules (
(iv) In the case of those who are not
subscribing to Employees Provident Fund, (a) those who opt for pension will be
entitled to GPF benefits with effect from 1.10.1991 and (b) those who do not opt for pension scheme will be entitled to CPF
benefits under the Contributory Provident Fund Rules (
All the Ministries/Departments are requested to issue instructions to their attached/subordinate offices and the Chairman/Secretaries of the Chairman/Secretaries of the Managing Committee of the aforesaid Departmental Canteen etc. to take immediate necessary action and settle the EPF accounts of the above employees as indicated in the foregoing paragraphs, after obtaining the necessary option from the canteen employees etc. as indicated in this O.M.
The issue with the concurrence of Ministry of Finance, Department of Expenditure vide their U.O.No. 1(16)/EV/92 of 9.11.1992 and Home Finance Division Dy. No. 2123/92-Fin.I dated 11.11.1992 and in consultation with Ministry of Labour vide their Dy.No.11025/14/92-SS.II dated 23.4.1992 and Department of Pension vide Dy. No.2182/JS(CS)/92 of 12.8.1992.
Hindi Version will follow.
( R.C. Richhariya )
1. All Ministries/Departments to the Govt. of India (as per standard list).
2. All Chairman of Managing Committee of
3. Ministry of Finance, Department of Expenditure.
4. Ministry of Home Affairs, Home Finance Division.
5. CGDA, R.K. Puram,
6. DG, P&T,
7. All Controllers of Accounts in Ministries/Departments.
8. Ministry of Economic Affairs, Budgetary Division.
10. Ministry of Labour for information and necessary action w.r.t. their Dy.No.11025/14/92-SS.II dated 24.4.92.
11. Chief Provident Fund Commissioner,
12. Registrar (Judicial), Supreme Court of India w.r.t. his No.1999 & 1988/83/Sec of 2.9.1992.
13. Department of Pension & Pensioner’s Welfare (Shri. Swarn Das, Dy. Secy.).
14. S.O.(Canteens) with 300 spare copies.
P R O F O R M A
1. Name of the Ministry/Department/
Office (with full address).
2. Name of the employees.
3. Designation and Scale of Pay.
4. Canteen to which attached.
* I do thereby opt for the pensionary benefits;
* I do not opt for the Pensionary benefits.
I am fully aware that the option once exercised will be final.
Name and Designation of the employee.
1. Signature & Designation.
2. Signature & Designation.
Counter-singed by immediate superior.