Government of India

Ministry of Personnel, P.G. & Pensions

(Department of Personnel and Training)



New Delhi, the 16th December, 1993.




Subject :  Implementation of Supreme Court judgement in the case of employees of Non-

    statutory Departmental/Co-operative canteens/tiffin rooms located in Central

    Government  Offices – extension of pensionary and  GPF  benefits – matter




In continuation of this Department’s OM of even number dated 16th November, 1992 on the above subject, the undersigned  is directed to say that consequent upon judgement of Hon’ble Supreme Court of India dated 11.10.91, the employees of non-statutory canteens/tiffin rooms registered with Director (Canteens) and located in Central Government offices were extended the pensionary and GPF benefits.  Now the Hon’ble Supreme Court has clarified their earlier judgement dated 11.10.91 with regard to the counting of service for pensioinary benefits to the above employees as under :-


            “……….  The pension will be given to all those who have retired after 1.10.91.  However, for the purpose  of calculating the pension their service on and from 26.9.83 will be taken into consideration.  In case of those whose service falls short of the qualifying period the service rendered by them prior to 26.9.83 will be taken into consideration to the extent of the shortfall …………”.


2.         In view of  above clarification issued by Hon’ble Supreme Court of India, the President is pleased to decide that in the case of canteen employees retired between 1.10.91  to 25.9.93, the service rendered prior to 26.9.83 will be taken into account as qualifying service to the extent that their actual qualifying  service falls short of the minimum service required for grant of superannuation pension in terms of Rule 49(2) (b) read with Rule 49(3) of the CCS (Pension) Rules 1972.  This will, however, be subject to the refund of employer’s share of contribution to the EPF for the period of service taken into account for pensionary benefits, including interest received by them, alongwith simple interest at the rate of 6 percent  per annum from the date of receipt/withdrawal to the date of refund.








3.         Such of the employees who retired between 1.10.91 and 25.9.93 may, therefore, be given an option   as per porforma enclosed, if they want to opt for the pension scheme as specified above, the option form may be sent to them on their addresses by Registered post, clearly indicating the details of amount which is required to be refunded.  The option will have to be exercised within six months from the date of issue of these orders  in the form at annexure to this order.  The option once exercised will be final.  In case no option is received within the prescribed time limit, it would be deemed that the employee is not interested in opting for pension scheme and the case be enclosed.


4.         The  Ministries/Departments are requested to issue instructions to their attached/subordinate offices and the Chairmen/Secretaries of the Managing Committees of the aforesaid canteens/tiffin rooms to take immediate necessary action to settle  the cases of the employees as indicated in the above paragraphs after obtaining necessary option  from them.


5.         This issues with the concurrence of Ministry of Finance, Department of Expenditure  vide their U.O. No.1(16)/E.V/92 dated 23.11.93 and Ministry of Home (Finance) U.O. No.2486/93/Fin.I dated 24.11.93 and Department of Pension & Pensioners Welfare No.7/1/93 dated 22.10.93.






( R.C. Richhariya )

Director (Canteens)




1.         All Ministries/Departments to the Govt. of India (as per standard list).

2.         All Chairman of Managing Committee of Canteens/Tiffin Rooms (as per list


3.         Ministry of Finance, Department of Expenditure.

4.         Ministry of Home Affairs,  Home Finance Division.

5.         CGDA, R.K. Puram, New Delhi.

6.         DG, P&T, New Delhi.

7.         All Controllers of Accounts in Ministries/Departments.

8.         Ministry of Economic Affairs, Budgetary Division.

9.         CAG, New Delhi.

10.       Registrar (Judicial), Supreme Court of India with ref. To his No. 1999 &

1988/83/Sec.X of 23.8.93.

11.       Department of  Pension  & Pensioner’s Welfare (Ms. S. Gokhale, Director(Pen.).

12.       S.O.(Canteens) with 500 spare copies.




1.         Name of Ministry/Department/

            Office (with full address).


2.         Name of the retired employees.


3.         Designation


4.         Scale of  Pay and last pay drawn.


5.         Canteen where he was working.


6. *      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.





Date :

Name and Designation of the Employees

With Present Adress_________________



1.         Signature, name and Designation                       1.____________________________

            & full postal address.                                           ____________________________


2.         Signature, name and Designation                       2.____________________________

            & full postal address.                                           ____________________________



Countersigned by immediate superior.


            Inapplicable clause to be scored out.


Note :- The employee who was contributing to EPF and now opting for pensionary benefits is required to refund of Employer’s Contribution to EPF for the period of service taken into account for calculating pensionary benefits including interest thereon received by the employees alongwith simple interest  @ 6% per annum from the date od withdrawal to the date of refund.