No12/9/2000-Dir(C)

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

Director (Canteens)

                                                                                    Lok Nayak Bhawan, 3rd Floor

           New Delhi, dated the  8th November,2000

 

OFFICE MEMORANDUM

 

Subject:-          Implementation of the Orders dated 3.12.1999 and 13.1.2000 passed by Hon’ble CAT Principal Bench, New Delhi in O.A. Nos. 572/96 and 2136/98 – Extension of pensionary benefits to the employees of Non-Statutory Departmental Canteens - regarding

 

The undersigned is directed to refer to this Department’s Office Memoranda No.12/3/1992-Dir.(C) dated 16.11.1992 and 16.12.1993 which provided for Pensionary and GPF benefits admissible to the non-statutory Departmental Canteen employees.  These provisions had been appealed against by a section of  Canteen employees.  The Hon’ble CAT Principal Bench, New Delhi in two such petitions bearing Nos. 572/96 and 2136/98 have ordered on 3.12.1999 and 13.1.2000 respectively as under :-

 

(i)         “……….The respondents are, therefore, directed to grant the benefits of the entire past service prior to the applicants having been declared as Government servants for counting towards pensionary benefits.”

 

(ii)        “………Respondents are directed to take a decision in terms of the decision given by the Tribunal in O.A. No.572/96 i.e. to take into account the entire past service of the applicants for purpose of counting towards pensionary benefits.”

 

2.         However, Government decided to file an appeal against the said orders of the CAT before Hon’ble Delhi High Court.  Accordingly, an appeal has been filed vide W.P. No.5695/2000 against orders of the CAT which is pending disposal before the Delhi High Court. 

 

3.         Pending disposal of the case by the Delhi High Court, it has been decided to implement the directions of the CAT as under :-

 

“The entire past service rendered on regular basis by the non-statutory Departmental Canteen employees will be reckoned as “Qualifying Service” for the purpose of calculation of pension in accordance with the relevant provisions contained in CCS (Pensions) Rules, 1972 and related orders”.

 

 

 

4.         This order is subject to the final outcome of the W.P. No.5695/2000 filed in the Hon’ble Delhi High Court against the order dated 3.12.1999 and 13.1.2000 of the CAT.  In the event of a decision in favour of the Government the enhanced amount of pension/any other benefit arising from the implementation of this order will have to be refunded along with the interest at the rate applicable to the GPF accumulation as prescribed in the Department of Pension and Pensioners’ Welfare O.M. No.7/1/93-Dir.(C) P&PW(F) dated 31.10.1995 (copy enclosed).  An undertaking to this effect shall be obtained from each individual Canteen employee/retired employee by the concerned Ministries/Departments/Offices before implementation of this order. 

 

5.         All Ministries/Departments are requested to issue instructions to their attached/subordinate offices to take immediate action to settle the cases of the employees afresh who retired/died in harness on or after 1.10.1991.

 

6.         This issues with the approval of Ministry of Finance, Department of Expenditure vide I.D. No.C-129/EV/2000 dated 31.10.2000 and Department of Pension and Pensioners Welfare vide Dy. No.432/C/2000 dated 1st November, 2000 and Ministry of Law, Department of Legal Affairs U.O. Note No.4000/2000 dated 7.11.2000.

 

7.         Hindi version of this O.M. will follow.

 

                                                                                                                       

                                                                                                   Sd/-

 (S.M. Sahariar)

                                                                                                                                                                                         Director(Canteen)

Tele.24625818.

 

Copy for information and necessary action to :

 

1.         All Ministries/Departments of the GOI (as per standard list).

2.         Ministry of Finance, Department of Expenditure, North Block, N. Delhi.

3.         Ministry of Home Affairs, Home (Finance)Division, North Block, N.Delhi

4.         Controller General of Defence Accounts, West Block-V, R.K. Puram, New Delhi

5.         The Director(Welfare), Deptt. of Posts, Dak Bhawan, Sansad Marg, New Delhi

6.         To the Director (Welfare), Deptt. of Telecom, Dak Bhawan, Sansad Marg, New Delhi.

7.         All Controller s of Accounts in Ministries/Departments, New Delhi

8.         Ministry of Economic Affairs, Budgetary Division, New Delhi

9.         C&AG , 10, Bahadurshah Zafar Marg, New Delhi.

10.       The Registrar, CAT, Principal Bench, Copernicous Marg, New Delhi

11.       The Director, Department of Pension & PW, 3rd Floor, Lok Nayak Bhawan, New Delhi.

12.       S.O.(Canteens), Lok Nayak Bhawan, New Delhi  with 500 copies.