No.3/6/97-(Estt. Pay II)
Ministry of Personnel Public Grievances and Pensions
Department of Personnel & Training

Subject :-   Perquisities and some important terms and conditions for the Chairperson and Members of the Regulatory Authorities and allied matters – Policy regarding –

As the Ministries/ Departments are aware , during the last few years a number of Regulatory Authorities have been set up and some more are proposed to be set up as a part of Government’s efforts to restructure the administrative machinery consistent with the ongoing economic reforms and emphasis on a more effective and result – oriented administrative structure. In this contest, the question of laying down uniform terms and conditions of appointment and perquisites in respect of the Chairperson and the Members of various Regulatory Authorities was under the consideration of the Government for sometime past and it has now been decided to prescribe uniform guidelines as annexed to this Office Memorandum.

2. These guidelines will be applicable to Regulatory Authorities where the appointments have not been announced so far, where there are constitutional or statutory obligations to prescribe terms and conditions different from those being specified in these guidelines or where terms and conditions have already been offered to a Chairperson and/ or Member(s). In cases where a retired judges of the Supreme Court or of the High Court has already been appointed as Chairperson or Member, the provisions of OM No.19048/7/80-E.IV dated the October 8, 1987 of the Department of Expenditure would be applicable.

3. It is, however, clarified that unless there is a constitutional or statutory obligation to the contrary, a Chairperson or Member appointed to the existing Regulatory Authorities subsequent to issue of these guidelines would be governed by the guidelines being now prescribed.

4. While offering appointment to any new incumbent as Chairperson or Member, the terms and conditions of appointment being prescribed hereby should clearly be indicated in the letter of offer and the written consent of the appointee obtained before the letter of appointment is issued or before assumption of charge by the incumbent.

5. The Chairperson and Member(s) shall be deemed to have retired from Govt. service upon taking up their respective appointments in the Regulatory Authority.

6. The above-mentioned Office Memorandum dated Oct.8, 1987 is being separately amended by the Department of Expenditure in the light of these guidelines.

7. The Ministries of Agriculture & Cooperation etc. are advised to keep these guidelines in view while framing the statutory rules and executive instructions or while sending draft terms and conditions for such appointments for the consideration of this Department and the Ministry of Finance.

8. Hindi version will follow.

(HARINDER SINGH)
JOINT SECRETARY TO THE GOVT. OF INDIA

To

All Ministries/Department of the Government of India (as per standard list)

TENURE : The term of appointment of the Chairperson and Members would be a uniform period of five years or till the age of 65 years (in the case of Chairperson ) or 62 years (in the case of Members), whichever is earlier.

ELIGIBLITY FOR REEMPLOYMENT: A Member would be eligible for appointment as Chairperson of the same Authority but no Chairperson or Member would be eligible for reemployment under the Central Government or any body/authority substantially financed by the Central Government unless he has cooled off for a period of two years. Similarly, for two years no Chairperson or Member would be eligible to take up private employment after demitting office, without the permission of the Government in the organisations that fell within the operational jurisdiction of the concerned Regulatory Authority.

PAY: The Chairperson would be eligible for pay not exceeding Rs.26000/-p.m.(fixed) and Members would be eligible for pay scale not exceeding Rs.22400 –525 – 24500. The pay will be fixed in accordance with the prevailing orders i.e. pay minus pension.

GPF/CPF, PENSION AND GRATUITY: The Chairperson and Members would be governed by Contributory Provident Fund Rules and no option to subscribe under GPF Rules will be available. Additional pension and gratuity will not be admissible for service rendered in the Regulatory Authority.

DA & CCA : The Chairperson and Members shall be entitled to Dearness Allowance and City Compensatory Allowances at the rate admissible to officers of equivalent pay in the Government.

LTC, TA & DA : Travelling Allowance and Daily Allowance on tour shall be paid to the Chairperson and Members as applicable to Government Servants drawing that basic pay. They would also be entitled to facility of temporary Government accommodation in Guest Houses/Inspection Bungalows under the control of the Central Government, wherever applicable, on payment of normal rent at out-stations, of the class to which Government Servants of equivalent pay are eligible.

VISITS ABROAD: Official visits abroad by the Chairperson and any Member would be undertaken only in accordance with the Government orders as applicable to officers of equal grade in Government of India. In regard to official delegations abroad in which both the administrative Secretary and the Chairperson or Member of the Regulatory Authority are included , the Secretary would lead the delegation. For domestic tours the Chairperson would keep the Secretary of the administrative Ministry/Department informed.

ACCOMMODATION: The Chairperson and Members of a Regulatory Authority located in Delhi or in one of its satellite towns would be given the option of claiming House Rent Allowance @ 30% of the basic pay drawn if they stay at Delhi but no house would be hired by the Authority or allotted by the Government. Outside Delhi, Members and the Chairperson would be entitled to rented unfurnished accommodation with built-up area measuring around 300 sqm. For Members and 350 sqm. For the Chairperson with suitable open land area appurtenant as permissible under the regulations of the concerned municipal bodies. The same facility would be extended to retired judges of the Supreme Court and High Court as well, instead of the present facility (rent free accommodation or 12-1/2% HRA)

SUMPTUARY ALLOWANCE: The Chairperson and Members would not be entitled to Sumptuary Allowance (which is admissible only to serving Supreme Court and High Court Judges)

MEDICAL FACILITIES: The Chairperson and Members shall be entitled to Medical treatment and Hospital facilities as provided in the Central Government Health Service Scheme for retired Govt. Servants. At places where the CGHS Scheme is not in operation Chairpersons and Members who are not Govt. servants shall be entitled to the facilities as provided in the Central Service (Medical Attendance) Rules.

TRANSPORT: No Regulatory Authority shall purchase any passenger vehicle. Instead, a Chairperson and Member would be eligible for fixed reimbursement between Rs.3000/- and Rs.5000/-p.m. as laid down by DOPT from time to time for the use and maintenance of his personal car for transportation between residence and office. This would include the salary of a driver who would not be a Govt. servant.

STATUS: No Chairperson and Member would be accorded Ministerial status and the previous status of the appointee shall not be treated as a precedent for determining the status accorded to the Chairperson/Member. In exceptionally meritorious cases, the Ministry of Home Affairs would be consulted, along with full justification, which would approach the Standing Committee of Secretaries, wherever necessary, as laid down in Cabinet Sectt. instructions No.99/1/5/95-Cab. Dated November 16, 1996.

LEAVE: A Chairperson or Member would be entitled to 30 days of Earned Leave for every year of Service. The payment of leave salary during leave shall be governed by Rule 40 of CCS(Leave) Rules, 1972. A person would be entitled to encashment of 50% of Earned Leave to his credit at any time.

ADMINISTRATIVE & OTHER RESIDUARY MATTERS: Administrative matters relating to the operations of a Regulatory Authority or the conditions of service of the Chairperson and a Member, with respect to which no express provision has been made in these instructions, shall be referred in each case to the Central Government for its decision and the decision of the Central Government thereon shall be binding on the Regulatory Authority.

No.3/6/97-Estt.(Pay II)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

New Delhi, the 13^th February, 1998

Subject :-   Perquisites and some important terms and conditions for the Chairperson and Members of the Regulatory Authorities and allied matters – Policy regarding –

The undersigned is directed to refer to this Department Office Memorandum of even number dated the 29^th January, 1998 on the above subject and to say that for para 2 thereof, the following may be substituted:-

"2. These guidelines will be applicable to Regulatory Authorities where the appointments have not been announced so far, where there are no constitutional or statutory obligations to prescribe terms and conditions different from those being specified in these guidelines or where terms and conditions have not already been offered to a chairperson and/or member(s). In cases where a retired Judge of the Supreme Court or of the High Court has already been appointed as Chairperson or Member, the provisions of OM No. 19048/7/80-E.IV dated the October 8, 1987 of the Department of Expenditure would be applicable".

Hindi version will follow.

(U.S. Tiwari)
Under Secretary to the Govt. of India

All Ministries/Department of the Government of India (As per standard list)

No.3/12/97-Estt.(Pay II)
Government of India
Ministry of Personnel, Public Grievances & pensions
Department of Personnel & Training

New Delhi the 19^th Nov.,1997

Subject :-  Applicability of Central Civil Services (Revised Pay) Rules to persons re-employed in Government service after retirement and whose pay is debitable to Civil Estimates.

Persons re-employed in Government service after retirement have been excluded from the purview of the Central Civil Services (Revised Pay) Rules, 1997 vide 2(2)(g) thereof. The question of extension of the benefit of the revised pay rules to these persons and the procedure to be followed for fixing their pay in the revised scales has been under consideration of the Government. The President, after consultation with the Comptroller & Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, is pleased to decide that, in partial modification of Rule 2(2)(g) of the C.C.S.(R.P.) Rules, 1997, the provisions of those rules shall apply to such persons also who were in re-employed on 1^st January, 1996, subject to the orders hereinafter contained. This decision will cover all Government servants re-employed in Central Civil Departments other than those employed on contract whether they have retired with or without a pension and/or gratuity or any other retirement benefits, e.g. contributory fund etc. from a civil post or from the Armed Forces.

2(i) The initial pay of a re-employed Government servant who elects or is deemed to have elected to be governed by the revised pay scale from the 1^st day of January, 1996 shall be fixed in the following manner. namely -

According to the provisions of Rule 7 of the C.C.S(R.P.) Rules, 1997, if he is –

a Government servant who retired without receiving a pension,gratuity or any other retirement benefit; and

a retired Government servant who received pension or any other retirement benefits but which were ignored while fixing pay on re-employment.

2(ii) The initial pay of a re-employed Government servant who retired with a pension or any other retirement benefit and whose pay was fixed on re-employment with reference to these benefits or ignoring a part thereof, and who elects or is deemed to have elected to be governed by the revised scales from the 1^st day of January, 1996 shall be fixed in accordance with the provisions contained in rule 7 of the Central Civil Services (Revised Pay) Rules, 1997.

In addition to the pay so fixed, the re-employed Government servant would continue to draw the retirement benefit he was permitted to draw in the pre-revised scales, as modified based on the recommendations of the Fifth Central Pay Commission, orders in respect of which have been issued separately by the Department of Pension & Pensioners Welfare. However, an amount equivalent to the revised pension (excluding the ignorable portion of pension, wherever permissible) effective from 1.1.1996 or after shall be deducted from his pay in accordance with the general policy of the Government on fixation of pay of re-employed pensioners.

After pay in the revised scale is fixed in the manner indicated above, increments will be allowed in the manner laid down in Rule 8 of C.C.S.(R.P.) Rules, 1997.

3. Re-employed persons who become eligible to elect revised scales in accordance with these orders should exercise their option in the manner laid down in Rule 6 of the C.C.S.(R.P.) Rules, 1997, within three months of the date of issue of these orders or in cases where the existing scales of pay of the posts held by them are revised subsequent to the issue of these orders within three months of the date of the orders/notification revised the scales.

4. Where a re-employed Government servant elects to draw his pay in the existing scale and is brought over to revised scale from a date later than the 1^st day of January, 1996 his pay from later date in the revised scale shall also be fixed in accordance with the provisions of Rule 7 of the C.C.S.(R.P.) Rules, 1997.

5. Pay of pensioners who are in re-employment in Central Government Civil Departments as on 1.1.96 and are/were in receipt of NPA either before or after their re-employment will be regulated under provisions of Rule 7 of C.C.S(R.P.) Rules, 1997 in the following manner:

(i) Cases where NPA was available with the existing scales and is admissible as a separate element with the revised scales also:- Pay in such cases may be fixed in accordance with provisions of Rule 7 of C.C.S(R.P) Rules, 1997.

(ii) Cases where NPA was attached with the existing scales and no NPA is attached with the revised scale:- In such cases, NPA should not be taken into account for pay fixation under C.C.S.(R.P.) Rules, 1997. The drop in emoluments, if any, will, however, be protected by grant of personal pay to be absorbed in future increases in pay.

(iii) Cases where no NPA was attached with existing scales and NPA is attached with revised scales: In such cases, NPA shall be drawn separately after fixing the pay under C.C.S.(R.P.) Rules, 1997.

6. In so far as the persons serving in the Indian Audit & Accounts Department are concerned, these orders are being issued after consultation with the Comptroller & Auditor General of India.

Hindi version will follow.

(S. Nandkeolyar)
Director to the Govt. of India

To

All Ministries/Departments of the Govt. of India (As per standard list)

 

 

 

 

 

No.2/8/97-Estt.(Pay II)
Government of India
Ministry of Personnel, Public Grievances & pensions
Department of Personnel & Training

New Delhi the 11^thMarch.,1998

OFFICE MEMORANDUM

Subject :-   Revision of Central Sectt. (Deputation on Tenure) Allowance (CDTA) to officers of organised Group A Services on their appointment as Under Secy, Deputy Secy and Director in the Central Sectt. under the Central Staffing Scheme – Recommendations of the Fifth Central Pay Commission –

The undersigned is directed to say that the Central Sectt. (Deputation on Tenure) Allowance (CDTA) to the officers of organised Group A Services appointed as Under Secretary, Deputy Secretary/Director under the Central Staffing Scheme is governed by the orders contained in this Departments OM No. 6/30/86-Estt(Pay II) dt. 23rd Sept.,1987 and No. 4/7/87-Estt(Pay II) dt. 1^st March, 1989. Consequent upon the decision taken by the Government on the recommendations of the Vth Central Pay Commission contained in para 110.6 of their Report, the President is pleased to decide that on their posting as Under Secy/Deputy Secy/Director in the Sectt. under the Central Staffing Scheme the officers of the organised Group A services will be entitled either to get their pay fixed in the scale of pay attached to the post or to draw their grade pay plus CDTA on the following terms and conditions:-

The officers of the organised Group A services posted in the Central Sect. Under the Central Staffing Scheme as Under Secretaries/Deputy Secretaries/Director will be treated as on deputation outside their cadre i.e to ex-cadre post ;

Their posting is subject to a prescribed tenure on the expiry of which they will be revert to their cadre post in their parent Departments;

During the tenure they will be paid a fixed sum of Rs. 800/- p.m. as CDTA in the case of under Secy and Rs.1000/-p.m. in the case of Deputy Secretary/ Director;

Their grade pay plus CDTA will be further subject to a ceiling of Rs.15,200/- in the case of Under Secretaries and Rs.18,300/- in the case of Deputy Secretaries/Directors;

The allowance will not be paid beyond the normal tenure of three years for Under Secretaries, four years for Deputy Secretaries and five years for Directors;

No allowance will be admissible to offices of these Services posted as Joint Secretaries and above in the Central Sectt.; and

This allowance shall not be admissible to those Under Secretaries/Deputy Secretaries/ Directors who are given extension or re-employment after superannuation.

If the grade pay plus CDTA of an officer working in the Sectt. exceeds Rs.15,200/- in the case of an Under Secretary or Rs.18,300/- in the case of Deputy Secretary/Director it will be limited to the prescribed ceiling as above by suitably adjusting the CDTA. The officers shall have the option to revert to their parent cadre when the quantum of allowance is reduced.

When the grade pay of the officer exceed Rs.15,200 in the case of Under Secretaries and Rs.18,300/- in the case of Deputy Secretaries/ Directors the officers shall revert to his parent cadre within a period of 6 months from such date.

2. These orders shall take effect from 1^st August, 1997. The terms of deputation’s prior to this date shall be governed by the orders dt. 1^st March 1989 refer to in para 1 above.

3. In so far as application of these orders to the officers of the Indian Audit and Accounts Deptt. is concerned, these orders issue in consultation with the Comptroller and Auditor General of India.

4. As regards the revised rate of special pay admissible to Central Group A Services officers on their posting in their Headquarters, orders will be issued separately.

Hindi version will follow.

Sd /- (J.Wilson)

Deputy Secretary to the Govt of India

To

All Ministries/Departments (As per standard list attached.)

No.4/4/97-Estt.(Pay II)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

New Delhi 22^dApril,1998

Subject :-   Recommendations of the Fifth Central Pay Commission Decision relating to grant of special pay -

The undersigned is directed to say that the Fifth Central Pay Commission in para 109.3 of its Report has reiterated the recommendation of the Third Central Pay Commission that the device of special pay should be used as sparingly as possible. The Fifth Pay Commission has separately recommended discontinuance of special pay in certain specific cases and has recommended that each Department should undertake a through review of cases of special pay to determine the necessity for its continuance. Pending review, in para 109.4 of the Report the Commission has made recommendation regarding the quantum of special pay. The recommendation of the Commission has been considered by the Government and the President is pleased to decide as under:-

The special pay already admissible would be doubled in those cases where it was sanctioned at the current rates between January, 1, 1986 and December 31, 1990 and enhanced by 50% in those cases where it was revised or introduced at rates higher than current rates after December 31, 1990.

Where the special pay was sanctioned as a percentage of the basic pay, the quantum would be decided in consultation with this Department and the Ministry of Finance.

The orders regarding special pay to Cashiers will be issued separately.

The special pay would henceforth be termed as ‘special allowance’ as recommended by the Fifth Central Pay Commission in para 109.5 of the Report and would be granted as hithertofore subject to same conditions as are stipulated in FR 9(25)

2. These orders would be effective from 1^st August 1997.

3. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders are being issued after consultation with the Comptroller & Auditor General of India.

Sd/-  ((U.S. TIWARI)

Under Secretary to the Govt. of India

All Ministries/Departments of the Govt. of India (As per standard list)

No.2/8/97-Estt(Pay II)
Government of India
Ministry of Personnel Public Grievances & pensions
Department of Personnel & Training

New Delhi, the 12^th Nov.98

Subject :-  Deputation (Duty) Allowance – Recommendations of the Fifth Central Pay Commission –

The undersigned is directed to refer to this Department’s Office Memorandum of even number dated 11^th March, 1998 on the above subject, laying down the rates of deputation (duty) allowance and the ceiling thereof in the revised scales of pay of the persons whose deputation is governed by the OM No. 2/29/91-Estt.(Pay II) dated the 5^th Jan.,1994. It has been stipulated in the aforesaid orders dated the 11^th March, 1998 that the orders take effect from 1^st August, 1997 and the cases of deputation prior to that date shall be governed by the orders dated 5^th Jan.,1994.

2. This Department is receiving reference seeking clarifications as to the amount of deputation (duty) allowance and its ceiling in respect of the persons on deputation during the period between 1^st Jan.,1996 and 31^st July, 1997. It is clarified that the persons holding the posts on deputation between 1^st Jan. 1996 and 31^st July, 1997 are eligible to the deputation (duty) allowance on the notional basic pay in the pre-revised scale of pay at the rates prevalent prior to 1^st August, 1997 and subject to the ceilings laid down in the OM dated 5^th Jan.,1994 referred to above.

Sd/-  (J.WILSON)

Deputy Secretary to the Govt. of India

To

All Ministries/Departments (As per standard list).

No.2/29/91-Estt(Pay II)
Government of India
Ministry of Personnel Public Grievances & pensions
Departmenrt of Personnel & Training

New Delhi ,the 5^th Jan.94

OFFICE MEMORANDUM

Subject :- Transfer on deputation/foreign service of Central Govt. Employees to ex-cadre posts under the Central Govt./ State Govts./Public Sector Undertakings /Autonomous Bodies Universities/UT Administration, Local Bodies etc. and Vice - versa - Regulation of pay, deputation (duty) Allowance, tenure of deputation / foreign service and Other terms and conditions – regarding

A need has been felt for some time past to consolidate at one place the various instructions/orders that have been issued from time to time and are still in force on the above mentioned subject. It was also felt necessary to review the entire matter and bring about rationalization and uniformity in the instructions/orders. Accordingly it has been decided to bring out a self-contained O.M. on the subject incorporating the provisions of various orders quoted in the margin, with suitable modification, where necessary. The Ministry of Finance, etc. are requested to bring to the notice of all administrative Ministries concerned the contents of this O.M. for information, guidance and compliance.

2. Application

2.1 These orders will apply to all Central Govt. employees who are regularly appointed on deputation/foreign service in accordance with Recruitment Rules of the ex-cadre posts under the same or some other Departments of Central Govt. or under the State Governments/Union Territories Administration /Local Bodies or Under Central/State PSUs/Autonomous Bodies etc. (where such foreign service has been permitted in relaxation of appointment on immediate absorption conditions). These orders will also cover the cases of regular appointment as per Recruitment Rules in the Central Government on deputation/foreign service of employees of State Government /Central/State PSUs/Autonomous bodies, Local Bodies etc. However, the following cases shall not be covered under these orders for whom separate orders exist:-

Members of the All India Services and those deputed to posts whose terms are regulated under specific statutory rules or orders;

Officers appointed on deputation to posts in the Central Secretariat such as Under Secretary, Deputy Secretary, Director, Joint Secretary, Additional Secretary, Secretary etc. for whom separate orders as issued from time to time will continue to apply:

Deputation to posts outside India;

Appointments of a specific category of employees to a specified class of posts where special orders are already in existence such as appointments made in the Personal Staff of Minister etc., to the extent the provisions contained therein are at a variance with those contained in these orders;

Appointments of the nature of deemed deputation or transfers to ex-cadre posts made in exigencies of service with the specific condition that no deputation(duty) allowance to be admissible –e.g.

interim arrangements in the event of conversion of a Govt. office/organisation or a portion thereof into a PSU/autonomous body or vice versa; and (ii)appointments to the same post in another cadre.

3. Scope of Term ‘deputation/foreign service – Restrictions on treating an appointment as On deputation/foreign service.

3.1 The term deputation/foreign service will cover only those appointments that are made by transfer on a temporary basis provided the transfer is outside the normal field of deployment and is in the public interest.

The question whether the transfer is outside the normal field of deployment or not will be decided by the authority which controls the service or post from which the employee is transferred.

3.2. Appointment of serving employees made either by promotion or by direct recruitment with open market candidates whether on permanent or temporary basis shall not be regarded as deputation/foreign service.

3.3. Permanent appointment made by transfer will also not be treated as deputation/foreign service.

3.4. Temporary appointment made on the basis of personal requests of employees will also not be treated as deputation/foreign service.

3.5. In case of appointments on deputation/foreign service from Central Govt. to Central Govt. and in those cases where the scale of pay and dearness allowance in the parent cadre post and ex-cadre post are similar a person in a higher scale of pay shall not be appointed on deputation to a post in a lower scale of pay.

3.6. In case of appointment on deputation/foreign service from Central Govt. to Public Sector Undertaking and in those cases where the pay scale and DA in the parent cadre post and ex-cadre post are dissimilar, no appointment on deputation/foreign service shall be made if by raising the grade pay by one increment plus dearness allowance(s) including interim relief, if any, admissible to a person in parent cadre post-exceeds the emoluments comprising pay plus dearness allowance(s) including interim relief, if any at the maximum of the ex-cadre post.

4. Exercise of option

4.1 An employee appointed on deputation/foreign service may elect to draw either the pay in the scale of pay of deputation/foreign service post or his basic pay in the parent cadre plus deputation(duty) allowance thereon plus personal pay, if any.

4.2. The borrowing authority should obtain the option of the employee within one month from the date of joining the ex-cadre post unless the employee has himself furnished the option.

4.3. The option once exercised shall be final, However, the employee may revise the option under the following circumstances which will be affective from the date of occurrence of the same.

When he receives proforma promotion or is appointed to non-functional selection grade in his parent cadre.

When he is reverted to a lower grade in his parent cadre;

When the scale of pay of the parent post on the basis of which his emoluments are regulated during deputation/foreign service or of the ex-cadre post held by the employee on deputation/foreign service is revised either prospectively or from a retrospective date.

Based on the revised/same option of the employees, in the event of proforma promotion appointment to non-functional Selection Grade revision of scales of pay in the parent cadre, the pay of deputationists will be refixed with reference to the revised entitlement of pay in the parent cadre. However, if the initial option was for the pay scale of the deputation post and no change in option already exercised is envisaged the pay already drawn in deputation post will be protected if the pay refixed is less.

Note: Revision in the rates of DA, HRA or other allowance either in the parent or borrowing organisation shall not be an occasion for revision of the earlier option.

4.4. If the pay of an employee in his cadre post undergoes downward revision, the pay in the ex-cadre post is also liable to be refixed on the basis of revised pay and in accordance with the revised option or existing option if the employee does not revise his option.

5. Pay fixation

5.1 When an employee on deputation/foreign service elects to draw in the scale of pay attached to the ex-cadre post, his pay may be fixed as under;

(i) Deputation from Central Govt. to Central Govt.

Pay may be fixed under normal rules.

(ii) In foreign service/Reverse Foreign Service

when the pay scale of the post in the parent cadre and that attached to ex-cadre post are based on same index level and the DA pattern is also same, the pay may be fixed under the normal, Fundamental Rules.

If the appointment is made to a post whose pay structure and/or DA pattern is dissimilar to that in the parent organisation, pay may be fixed by adding to his grade pay, one increment in the scale of his regular parent post ( and if was drawing pay at the maximum of the scale, by the increment last drawn) and equating the pay so raised plus dearness allowance (and additional or ad-hoc dearness Allowance, Interim relief etc., if any) with emoluments comprising of pay plus DA, ADA, Interim relief etc., if any, admissible, in the borrowing organisation and the pay may be fixed at the stage in the pay scale of the ex-cadre post at which total emoluments admissible in ex-cadre post as above equal the emoluments drawn in the cadre and if there is no such stage, pay may be fixed at the next higher stage;

pay fixed under (i) and (ii) shall neither be less then the minimum of the scale of the ex-cadre post nor shall it exceed the maximum of that scale;

5.2 In cases of appointment from one ex-cadre post to another ex-cadre post where the employee opts to draw pay in the scale of the ex-cadre post, the pay in the second or subsequent ex-cadre posts, should be fixed under the normal rules as with reference to pay in the cadre post only. In respect of appointments to ex-cadre posts on time scale of pay identical with the time scale of pay of ex-cadre post(s)_ held on an earlier occasion(s) the benefit of proviso 1 (iii) to FR 22 will be admissible.

5.3 In cases of appointments to a second or subsequent ex-cadre post(s) in a higher pay scale than that of the previous ex-cadre post, the pay may be fixed with reference to the pay drawn in the cadre post and if the pay so fixed happens to be less than the pay drawn in the previous ex-cadre post, the difference may be allowed as personal pay to be absorbed in future increases in pay. This is subject to the condition that on both the occasions the employees should have opted to draw pay in the scales of pay attached to the ex-cadre posts.

Note.1: The term parent post basic pay means the post held on regular basis in the parent organisation and pay drawn/admissible in such a post respectively.

Note. 2: An officer who may be holding a higher post on adhoc basis in the cadre at the time of proceeding on deputation/foreign service would be considered to have vacated the post held on adhoc basis and proceeded on deputation/foreign service from his regular post. During his deputation/foreign service, he shall earn notional increments, in his regular post only. On his reversion if he is re-appointed to the higher post on regular or ad-hoc basis his pay will get fixed with reference to the pay admissible in the lower post as on date of promotion. In such cases, if his pay gets fixed at a stage lower than that of his junior(s) who continued to serve in the cadre, no stepping up will be admissible as per extent rules in so far as Central Govt. employees are concerned. However, if the pay so fixed is less than the pay drawn earlier while holding the post on ad-hoc basis the pay earlier drawn will be protected. Therefore, those Central Government employees who are already holding a higher post on ad-hoc basis or expecting it shortly in the parent cadre may weigh all relevant considerations before opting for deputation/foreign service. This note of caution will be applicable to employees of other organisations wishing to apply for posts on deputation in Central Govt. if government by similar rules in parent organisation.

Note: 3. Pay of officer appointed on deputation/foreign Service on adhoc basis pending selection of a regular incumbent may also be regulated in accordance with provisions of Para 5.1 & 6.1 of this O.M. subject to the condition that if the said officer does not fulfil the eligibility conditions laid down in the Recruitment Rules of the ex-cadre post, his pay in the scale of the ex-cadre post, if so opted, shall be subject to the restrictions under FR 35. Where the Recruitment Rules of the post have not been notified, such restrictions may be enforced if he is ineligible to hold a post in equivalent/analogous grade in his own cadre. This will also cover appointments in personal staff of dignitaries other than Ministers who have been allowed to make appointments of their personal staff at their discretion.

Note: 4. The provisions of this Rule as well as Rule 6 will not apply to appointments on Personal Staff of Ministers. Such appointments will be regulated by separate specific orders issued by the Govt. in that behalf.

6. Deputation (duty) Allowance

6.1 The deputation(duty) allowance admissible shall be at the following rates:

5% of the employee’s basic pay subject to a maximum of Rs.250/-p.m. when the transfer is within the same station;

10% of the employee’s basic pay subject to a maximum of Rs.500/-p.m. in all other cases;

The deputation(duty) allowance as above shall be further restricted as under:-

Pay Plus Deputation (duty) Allowance does not exceed the maximum of scale of pay of ex-cadre post;

In the cases where pay scales are dissimilar then pay plus deputation(duty) allowance plus DA/ADA/IR etc. does not exceed the pay at the maximum of ex-cadre post plus DA & IR etc.

Pay plus deputation (duty) allowance as above shall at no time exceed Rs.7300/-p.m..

Note:1. The term ‘same station’ for this purpose will be determined with reference to the station where the persons was on duty before proceeding on deputation.

Note:2. When there is no change in the headquarters with reference to the last post held, the transfer should be treated as with in the same station and when there is change in headquarters it would be treated as not in the same station. So far as places falling within the same urban agglomeration of the old headquarters are concerned they would be treated as transfer within the same station.

6.5 In cases where a person on deputation/foreign service is transferred by the borrowing authority from one station to another without any change in the post held by him, the rate of deputation (duty) allowance will remain the same as was decided at the time of initial posting and will not undergo any change.

7. Admissibility of other pay allowances & benefits While on deputation/foreign service.

7.1 Any project allowance admissible in a project area in the borrowing organisation may be drawn in addition to deputation (duty) allowance.

7.2 Any special pay granted to an employee in the parent Department under FR 9(25) or a corresponding rule of parent organisation should not be allowed in addition to deputation (duty) allowance. However the borrowing department may allow in addition to deputation (duty) allowance under special circumstances any special pay attached to the post held by the employee in his/her parent Department, by suitably restricting the deputation (duty) allowance. This will require the specific and prior approval of department of Personnel & Training.

7.3 In case special pay is attached to the scale of pay of the ex-cadre post and the employee has opted to draw pay also in that scale, in addition to his pay in that scale, he will also be entitled to draw such special pay. However, such special pay will not be admissible if he has opted to draw grade pay plus deputation allowance.

7.4. Personal pay, if any, drawn by an employee in his parent department will continue to be admissible on deputation/foreign service if he opts to draw grade pay plus deputation allowance. No deputation allowance on this personal pay will however, be admissible.

7.5. Increments:- The employee will draw increment in the parent grade or in the grade attached to the deputation post as the case may be, depending on whether he has opted for his own grade pay plus deputation (duty) allowance or the time scale of the deputation post. If he has opted for time scale of the deputation post, notional increment shall also continue to accrue to him in the post held on regular basis in parent cadre/organisation for the purpose of regulation of pay on reversion back to parent post at the end of tenre.

7.6. Admissibility of allowances and benefits While on deputation/foreign service. such allowances as are not admissible to regular employees of corresponding status in the borrowing organisation, shall not be admissible to the officer on deputation/ foreign service, even if they were admissible in the parent organisation:

Following allowances will be regulated with mutual consent of the lending and borrowing organisation:

HRA/CCA

Joining Time and Joining Time Pay.

Travelling Allowances and Transfer T.A.

Children Education Allowance.

LTC.

Following Allowances/Facilities will be regulated in accordance with the rules as explained against each.

Dearness Allowance- The employee shall be entitled to dearness allowance at the rates prevailing in the borrowing organisation or in the lending organisation depending on whether he has opted for to draw pay on the time scale of the ex-cadre post or his own grade pay plus deputation (duty) allowance.

Medical Facilities – This will be regulated in accordance with the rules of borrowing organisation.

Leave – An officer on deputation/foreign service shall be regulated by the leave Rules of the parent organisation. If however an employee proceeds from vacation department to non-vacation department, or vice-versa, he shall be governed by leave Rules of the borrowing organisation. At the time of reversion from the deputation post to the parent cadre, the borrowing organisation may allow him-her leave not exceeding two months. The employee should apply for further leave to his cadre controlling authority.

7.7 Leave salary and Pension Contribution.

As at present allocation of leave salary and pension contribution between different Ministries/Departments of Central Govt. and between Central and State Govt. has been dispensed with . In such cases of deputation from Central Govt. to State Govt. and vice-versa, liability for bearing leave salary vests with the Department from which the officer proceeds on leave or which sanctioned leave and no contributions are payable to the landing organisation. Liability for pension/employee’s contribution to CPF will be borne by the parent department, to which the officer permanently belongs at the time of retirement and no proportionate contribution will be recovered.

In case of deputation of central Govt. employees on foreign services to Central Govt. employees on foreign services to Central Public Sector Undertakings/state Public Sector Undertakings and Autonomous Bodies/etc. leave salary contribution (except for the period of leave availed on foreign service) and pension Contribution/CPF (Employer’s share) contribution are required to be paid either by the employee himself or by the borrowing organisation to the Central Govt.

In cases of reverse deputation from Central Public Sector Undertakings/State Public Sector Undertakings, Autonomous Bodies to Central Govt. the question regarding leave salary and pension contribution will be decided by mutual consent.

8. Tenure of deputation/foreign service.

8.1 The period of deputation/foreign service shall be subject to a maximum of three years in all cases except for those posts where a longer period of tenure is prescribed in the Recruitment Rules.

8.2 The Administrative Ministry/borrowing organisation may grant extension beyond this limit upto one year, after obtaining orders of their Secretary (in the Central Govt. and Chief Secretary in the State Govt.). Equivalent level officer in other cases where such extension is considered in public interest.

8.3 The borrowing Ministries/Departments/Organisations may extend the period of deputation for the fifth year or for the second year in excess of the period prescribed in the Recruitment Rules where absolutely necessary, subject to the following conditions;

while according extension for the fifth year, or the second year in excess of the period prescribed in the Recruitment Rules the directive issued for rigid application of the tenure rules should be taken into consideration and only in rare and exceptional circumstances such extension should be granted.

The extension should be strictly in public interest and with the specific prior approval of the concerned Minister of the borrowing Ministry/Department and in respect of other organisation, with the approval of the Minister of Ministry/Department with which they are administratively attached.

Where such extension is granted, it would be on the specific understanding that the officer would not be entitled to draw deputation (duty) allowance.

The extension would be subject to the prior approval of the landing organisation, the officer on deputation, and wherever necessary, the UPSC/State Public Service Commission and Appointments Committee of the Cabinet (ACC).

If the borrowing organisation wishes to retain an officer beyond the prescribed tenure, it shall initiate action as above for seeking concurrence of landing organisation, individual concerned etc. 6 months before the date of expiry of tenure. In no case it should retain an officer beyond the sanctioned term unless concurrence of lending organisation has been received.

Note:- For extension of foreign service of Central Government officers to Public Sector Undertakings beyond 3 years, approval of ACC would be necessary in terms of instruction of Department of Public Enterprises on the subject.

8.4 In cases where extension is beyond the fifth year or second year in excess of the period prescribed in the Recruitment Rules, the same would be allowed only after obtaining the approval of the Department of Personnel and Training whether Central Govt. is the lending organisation or the borrowing organisation, proposal in this regard should reach this Department with the approval of the Minister of the borrowing department at least three months before the expiry of the extended tenure with full particulars. A check-list for such particulars is annexed.

8.5. When extension of period of deputation/foreign service for the first and the second year in excess of period prescribed in the Recruitment Rules is considered by the borrowing organisation under power delegated to them, the period for extension may be so decided upon so as to ensure that officer concerned is allowed to continue on deputation till the completion of academic year in cases where the officer has school/college going children. No proposal for further extension beyond the second year in excess of period prescribed in the RRs shall be forwarded to this Department on the consideration that the officer has school/college going children. Extension beyond this period will be considered only if it is strictly in public interest.

8.6 For computing the total period of deputation/foreign service the period of deputation/foreign service in another ex-cadre post(s) held preceding the current appointment without a break in the same or some other organisation shall also be taken into account.

8.7 If during the period of deputation/foreign service the basic pay of an employee exceeds the maximum of the scale of pay of the post or the fixed pay of the post, on account of proforma promotion in his cadre under the next Below Rule or otherwise, the deputation/foreign service of the employee should be restricted to a maximum period of six months from the date on which his pay exceeds such maximum and he should be reverted to his parent department within the said period.

8.8 If during the period of deputation, on account of proforma promotion in the parent cadre under the Next Below Rule, the employee becomes entitled to a scale of pay higher than the scale of pay attached to the ex-cadre post, he may be allowed to complete the normal tenure of deputation subject to 8.7 above but no further extension of the period of deputation should be allowed in such cases.

9. Premature reversion of deputationist to parent cadre.

Normally, when an employee is appointed on deputation/ foreign service, his services are placed at the disposal of the parent Ministry/Department at the end of the tenure. However, as and when a situation arises for premature reversion to the parent cadre of the deputationist, his services could be so returned after giving advance intimation of reasonable period of the lending Ministry/Department and the employee concerned.

10. Relaxation of conditions.

Any relaxation of these terms and conditions will require the prior concurrence of the department of Personnel & Training.

11. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders are bring issued after consultation with the comptroller and Auditor General of India.

12. These orders take effect from the date of issue. In case of persons already on deputation/foreign service, if the modification incorporated in these orders are not beneficial, he/she may opt to retain the earlier term(s).

(Hindi version will follow).

Sd/-  (Smt. Revathy Iyer)

Deputy Secretary to the Government of India

To

All Ministries/Departments of the Govt. of India etc

ANNEXURE

1. Name of the officer.

2. Name of the parent office.

3. Designation of the post held in Parent office & pay scale of that post.

Present basic pay in the parent cadre post

4. Designation & pay scale of the post held

On deputation and the present basic pay in the ex-cadre post.

5. Has the officers been given NBR

Performa promotion/ ? If so, pay scale of the post to which promoted.

6. Normal period of deputation prescribed in Recruitment Rules for the ex-cadre post.

7. Date of appointment on deputation.

8. Is the officer drawing grade pay + d(d)a ?

If so, has the d(d)a been stopped during the 5^th year/2^nd year in excess of the period prescribed in the Recruitment Rules.

9. Whether the extension for 1^st year/2^nd year in excess of period prescribed in the RRs of the Post has been given with the approval of the Secy, and Minister incharge of the administrative Ministry/Department respectively.

10. Does the proposed extension also requires the approval of UPSC/ACC?

11. What is the specific public interest involved in the proposed extension?

12. Whether the concurrence of landing organisation/ individual concerned has been obtained for the Proposed extension?

13. Efforts made to select a suitable replacement for the officer?

14. According to Recruitment Rules can the post is filled up by promotion?

If so, are there any eligible officers available from the feeder cadre (if there is one ) and if so,

why are they not being considered for Promotion instead of seeking further Extension for existing incumbent?

15. Any other relevant information considered necessary..

Signature & Designation Of Administrative Authority.

No.3/1/85-Estt(Pay II)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

New Delhi ,the 31^st July.86

OFFICE MEMORANDUM

Subject :-   Fixation of pay of re-employment pensioners.

At present the orders relating to fixation of pay of re-employed pensioners are shattered in a number of office memoranda issued from time to time. The question of consolidation of the existing orders and the rationalisation and simplification of the procedure governing the initial fixation of pay has been under consideration of the Government from time to time. The President is now pleased to decide that in super session of all the previous order on the subject the initial fixation of pay and other benefits on reemployment of ex-servicemen pensioners as also civilian pensioners will be governed by the Central Civil Services fixation of pay of reemployed Pensioners orders 1986 as detailed in the Annexure with reference to all the appointment made on or after the Ist July 1986 the pay of the reemployed pensioners may be fixed as per the enclosed orders

In their application to the employees serving in the Indian Audit and Accounts Department these orders issue in consultation with the Comptrollers and Auditor general of India .

Sd/-  ( S.S. RAV )

Director ( P&A)

To

All Ministries / Department s under the Govt of India .

These orders may be called the Central Civil Services (Fixation of pay of Reemployed Pensioners ) orders 1986.

They shall come in to force on ………………………….

Save as others wise provided in these orders these orders shall apply to all persons who are reemployed in Civil Services and posts in connection with the affairs of the Union Government after retirement on pension gratuity and / or Contributory Provident Fund benefits from the service of Union Government including Railways Defence and posts and telegraphers State Governments and Union Territory Administrations and Public Sectors Undertaking Local Bodies Autonomous Bodies like Universities or Semi Government organizations like Posts and telegraphers.

(2) These orders shall also apply to persons reemployed in regular work charged capacity.

(3) Unless others wise provided these orders shall also apply to persons reemployed on contract basis.

These orders shall not however apply to

Persons reemployed after resignation removal or dismissal provided they have not received any retirement terminal benefits for the pre-empolyed service .

Persons reemployed in posts the expenditure of which is not debitable to the civil estimates of the Union Government .

Persons paid from contingencies

Persons on casual or daily rated or part time employment

Persons appointed as Consultants on payment of Consolidated fees and Retired Judges of Supreme / High Courts appointed on Commissions / Committees who are government by separate orders on the subject issued from time to time .

DEFINITIONS

In these orders unless the context otherwise require

Pension means the gross monthly pension and / or pension equivalent of death- cum –retirement gratuity and /or pension equivalent of gratuity or Governments contributions to contributory provident fund and / or other retirement benefits if any payable under the Central Civil services pension Rules 1972 or the relevant rules of the Government or body under which the re-employed pensioner is serving prior to his retirement .where pension has been commuted partly or fully pension means the gross pension payable praise to commutation .

PRE-RETIREMENT PAY :- means the substantive pay last drawn be fore retirement However,

i) pay drawn in an officiating appointment may be taken into account if the officer had officiated continuously for at least ten month in the appointment on the date of retirement on he had been appointed to that post on a regular basis in accordance with the prescribed recruitment rules.

Special pay granted in terms of FR 9 (25) shall also be taken into account for determining pre-retirement pay such special pay like officiating pay shall however be taken into account towards the pre-retirement pay only if it has been drawn for atleast ten months before retirement. Pay drawn for holding more than one charge under FR 49 will Not be taken into account in determining pre-retirement pay.

Such portion of deputation allowance if any drawn continuously for atleast ten months be fore retirement as has been taken in to account for pension purposes shall also be taken in to account for determining the last pay drawn before retirement .

The pay drawn in a tenure post may also be treated as pay last drawn before retirement provided that it was drawn continuously for ten months immediately before retirement.

Personal pay granted for loss substantive pay or allowed as a special increment for promoting small family norms shall be taken into account in fixing pre-retirement pay irrespective of whether it is drawn for ten months or not as it stands on the same footing as substantive pay. Other types of personal pay shall, however, be accorded the same treatment as officiating pay and taken into account only if the same had been drawn for ten months or more.

The periods of leave preparatory to retirement and foreign service during the last ten months before retirement may be included in the ten months before retirement may be included in the ten months for the purpose of computing pre-retirement pay, if it is certified by the competent authority that the officer would have officiated in the post but for his being on IRR or foreign service.

An increment accruing in the substantive appointment during earned leave upto 120 days or the first four months of leave on average may taken as leave preparatory to retirement shall be taken into account for determining the pre-retirement pay. If the officer was holding at the time of retirement a post in an officiating capacity the increment in respect of that post may be taken into account only if the competent authority certifies that the officer would have held the officiating appointment but for proceeding on leave preparatory to retirement. Promotion to any higher post which the officer would have got but for going on leave will not be taken into account.

 

viii) In the case of an officer who retires while on foreign service, the pay that he would have drawn in his parent cadre but for going on foreign service shall be taken as pre-retirement pay. Regard will also be given to the promotion which the officer would have received in his parent service or cadre as provided for in FR 113, provided that he would have officiated for ten months or more.

In the case of retired Defence Services Personnel of the rank of JCO, NCO, or OR in the Army and corresponding ranks in the Navy or Air Force, the items of emoluments mentioned below shall constitute pre-retirement pay.

ARMY (JCO, NCO or OR)

OLD PAY CODE NEW PAY CODE

Basic pay

Pay (including deferred pay) and rank pay.

Grade/trade/technical/ and rank Corps pays

Increments of pay for length Good Service/Good conduct pay of service.

Proficiency pay/ special Good Service pays

Proficiency pays

War Service increments Classification pay.

Deferred pay.

Personal Allowance

( Ris/Sub.Major),

Extra Duty pays.

Basic Pay, pay (including deferred Pay)

Good Conduct pay.

Non-Substantive Pay

War service Increments Higher Pt. II –Qualification pay

Good/Deferred Pay Classification Pay.

Basic Pay,   Pay (including deferred pay)

Good Service/Good

Conduct pay.

Air Proficiency pays badge pay

War Service increments Classification pay.

Deferred pay.

(a) In case of persons who retired before 1.1.1973 and were

reemployed after 1.1.73, the pre-retirement pay will be taken to be basic pay plus dearness pay plus dearness allowance and interim relief drawn at the time of retirement.

(b)In the case of persons who retired after 1.1.1973 on the pre-revised scale of pay, the pre-retirement pay will be taken to be the basic pay plus dearness allowance and interim relief drawn at the rates in force on 31.12.1972

(xi) MEDICAL OFFICERS

In the case of those Medical officers who were in receipt of Non-Practicing Allowance in their last employment, the allowance so drawn will be taken into account for determining the last pay drawn for purpose of fixation of pay in the reemployed post, if such an allowance is admissible in the reemployed post, if such an allowance is admissible in the reemployed posts also. The allowance shall not be taken into account for such purpose where it is not admissible in the reemployed post. Where, however no Non-Practicing Allowance was admissible in the last employment but it is attached to the Civil post in which the pensioner is reemployed, such an allowance shall be drawn separately after fixation of pay on reemployment.

4. FIXATION OF PAY OF REEMPLOYED PENSIONERS.

Reemployed pensioners shall be allowed to drawn pay only in prescribed scales of pay for the posts in which they are reemployed. No protection of the scales of pay of the post held by them prior to retirement shall be given.

(i) In all cases where the pension is fully ignored, the initial pay on reemployment shall be fixes at the minimum of the scale of pay of the reemployed post.

(ii) In cases where the entire pension and pensionary benefits are not ignored for pay fixation, the initial pay on reemployment shall be fixed at the same stage as the last pay drawn before retirement. If there is no such stage in the reemployed post, the pay shall be fixed at the stage below that pay. If the maximum of the pay scale in which a pensioner is reemployed is less than the last pay drawn by him before retirement, his initial pay shall be fixed at the maximum of the scale of the reemployed post. Similarly, if the minimum of the scale of the pay in which a pensioner is reemployed is more than the last pay drawn by him before retirement his initial pay shall be fixed at the minimum if the scale of pay of the reemployed post. However, in all these cases, non-ignorable part of the pension and pension equivalent of retirement benefits shall be reduced from the pay so fixed.

The reemployed pensioner will in addition to pay as fixed under para (b) above shall be permitted to draw separately any pension sanctioned to him and to retain any other form of retirement benefits.

In the case of persons retiring before attaining the age of 55 years and who are reemployed, pension (including pension equivalent of gratuity and other forms of retirement benefits) shall be ignored for initial pay fixation to the following extent:

In the case of ex-serviceman who held posts 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, the entire pension and pension equivalent of retirement benefits shall be ignored.

In the case of service officers belonging to the Defence Forces and Civilian Pensioners who held Group ‘A’ posts at the time of their retirement, the first Rs.500/- of the pension and pension equivalent of retirement benefits shall be ignored.

5. DRAWAL OF INCREMENTS:

Once the initial pay of a reemployed pensioner has been fixed in the manner indicated above, he may be allowed to draw normal increments in time scale of the post to which he is appointed as if the pay had been fixed at the minimum or the higher stage as the case may be (i.e. before an adjustment on account of pension and pension equivalent of other forms of retirement benefits is made) provided that the pay and gross pension/pension equivalent of other retirement benefits taken together do not at any time exceed Rs.3,500/- per month.

6. PERSONNEL RETIRING ON INVALID OR COMPENSATION PENSION:

Persons who are reemployed after obtaining compensation or invalid pension will also be governed by these orders subject to the condition that if the reemployment is in qualifying service, they may either retain their pension, in which cases their former service will not count for future pension, or cease to draw any part of their pension and count their previous service. Pension intermediately drawn need not be refunded. In case the pensioners elect to count their previous service for pension by foregoing their entire pension including death-cum-retirement gratuity, their pay would be fixed by treating them as if they are not in receipt of any pension. He special provision contained in this order regarding grant of Contributory provident Fund benefits during the period of reemployment and the grant , on terminations of the period of reemployment, of the unutilized portion of the refused leave in respect of previous service shall not be extended to them.

7. MILITARY RESERVATIONS:

Military reservist who continue to serve in the same civil post in which they were employed during reserve period, shall continue to draw the same rate of pay which they were drawing on the date of transfer to military pension establishment in addition to pension provided the pension is not more than Rs.50 per month.

8. EMERGENCY COMMISSIONED OFFICERS AND SHORT SERVICE COMMISSIONED OFFICERS:

Emergency Commissioned Officers and short Service Commissioned Officers who joined pre-commissioned training or were commissioned after 10.1.1968 may, on their appointment in Government service to unreserved vacancies, may be granted advance increments equal to the completed years of service rendered by them in Armed Forces on a basic pay (inclusive of deferred pay but excluding other emoluments) equal to or higher than the minimum of the scale attached to the civil post in which they are employed. The pay so arrived at should not, however, exceed the basic pay including the deferred pay but excluding other emoluments) last drawn by them in the Armed Forces.

9. PROMOTION/TRANSFER:

Once regular promotion/transfer to another post, pay of the reemployed pensioner shall be fixed under the provisions of Fundamental Rules with reference to the pay in the previous reemployment post (before adjustment). Admistment from the pay so fixed on account of pension and pension equivalent of retirement benefits shall be continued to be made to the some extent as was being made earlier this will however remain subject to the condition that the pay plus pension and pension equivalent of gratuity / other forms for retirement benefits shall not exceed Rs. 3,500/- per month at any time .

10. PROVISIONAL PAY

(i) Where delays are likely to occur in determining the pension and other Pensionary benefits the reemployed officers pending final fixation of pay might be paid their pay on provisional basis for a maximum period of six months after taking into account the maximum pension and gratuity that might be admissible to them on the basis of least pay drawn by them. The sanctioning authorities shall be responsible for ensuring that the provisional pay authorised is not likely to exceed the correct pay that may be come admissible for the purpose of calculating the pension equivalent of the gratuity the . table as prescribed in the Central Civil Services ( Communication of pension Rules 1981 ) from time of time shall be followed. An undertaking for refunding any amount that might be overpaid as a result of provisional fixation of pay shall be obtained from the reemployed pensioners.

(ii) (a) In cases where considered desirable, a reemployed person may be paid the full pay of the post on provisional basis which would be inclusive of his pension but would exclude an approximate amount of pension equivalent of gratuity / pension equivalent of employers portion of Contributory provident Fund as the case may be provided he executes an agreement in the appropriate form ( vide Annexure I) . He shall also be required to furnish acceptance in the prescribed form ( vide Annexure II) indicating receipt of his pay including pension. The acceptance shall be obtained from the reemployed person concerned along with the pay bill every month he is paid provisionally.

(b) When the pension and other retirement benefits are ultimately sanctioned to the reemployed person by the competent authority the pay shall be fixed after taking into account the pension and pension equivalent of the other forms of retirement benefit s in accordance with the .provisions contained in these order s and he shall have no fresh claims for pensionery benefits in respect of the past periods during which he drew the same along the provisional pay. The actual amount of pension equivalent of gratuity/employer’s operation of CPF will be adjusted against the gratuity/CPF to the extent it is different from the approximate amount deducted from the pay of the post provisionally paid.

(iii)the orders contained in (ii) above shall apply to cases of civil retired Central Government employees reemployed in Central Civil Department and shall not apply to cases of any other categories of retired persons( such as retired persons of Defence Deptt. , Railway Deptt. and State Governments ) on their reemployment under Central Government.

11. ALLOWANCES:

The drawl of various allowances and other benefits based on pay shall be regulated with reference to the pay that is fixed on reemployment. Pay for these allowances and benefits will be the pay fixed before deducting the non-ignorable part of the pension and pension equivalent of the other retirement benefits.

12. CONTRIBUTORY PROVIDENT FUND;

Reemployed officers might be permitted to contribute to the contributory Provident Fund, provided that where the term of reemployment is initially for a year or less but is later extended so is to exceed one year, the Government’s contribution with interest shall be credited only after the completion of one year’s reemployment service. The Government contribution with interest shall be payable for the entire period for which the reemployed officer is allowed to contribute to the CPF if such period exceeds one year.

13. LEAVE AND LEAVE SALARY

In the case of persons reemployed after retirement, the provisions contained in the Central Civil Service leave Rules, 1972 shall apply.

14. GRATUITY/DEATH-CUM-RETIREMENT GRATUITY:

Reemployed officers shall not eligible for any gratuity/death-cum-gratuity for the periods of reemployment except in those cases covered on Rules 18 and 19 of the Central Civil Services (Pension) Rules, 1972 and corresponding Rules of the Defence services regulations.

15. RETRENCHED EMPLOYEES:

In the case of ex-servicemen as well as civilians who are retrenched from service and are not granted pension and/or service gratuity, on their appointment to Government service they may be granted advance increments equal to the completed years of service rendered by them on a basic pay equal to or higher than the minimum of the scale attached to the civil post in which they are employed. The pay arrived at should not, however, exceed the basic pay drawn by them in the Armed Forces.

16. FIXATION OF PAY OF EX-COMBATENT CLERKS/STOREMEN:

EXPLANATION:

The option once exercised is final. The reemploy pensioner should be asked to exercise the option within the period of three months from the date of his reemployment.

Ex-combatant clerks and Storemen referred to in this order will include reservists released at their own request or on compassionate or medical grounds.

Services rendered as Combatent Clerks and Storemen in Armed Forces shall bey treated as equivalent to service as Lower Division Clerks / Junior Clerks and Storemen respectively in civil posts respective of the pay drawn in those posts in the Armed forces. The initial pay in such cases shall be fixed in the time scale of the reemployed posts at a stage equivalent to the stage that would have been reached by putting in the Civil posts in the Armed forces The pay so fixed will not be restricted to the pre-retirement pay . The fixation of pay in these cases shall be done by invoking the provisions of Fundamental Rules 27.

EXPLANATIONS:

For the purpose of calculation of completed years of services rendered in the Armed Forces the non-qualifying service in the Armed Forces will not be taken into account.

Pension as defined in order 3(1) above shall be deducted from the pay fixed under this rule after ignoring Rs.15/- thereof and only the net is payable.

If the resultant amount does not correspond to a stage in the scale applicable to the reemployed post, pay may be fixed at the next lower stage and the difference allowed as personal pay to be absorved in future increases of pay.

Where the pay in such cases is fixed below the minimum of the pay scale of the reemployed post as a result of sdjustment of amount of pension drawn by him from the Army in excess of Rs.15/- per month, increases in pay may be allowed after each year of service at the rate of increment admissible as if the pay has been fixed at the minimum till the minimum of the scale is reached. Thereafter, subsequent increments may be granted in the scale of the reemployed post in the usual manner.

In the case of appointment of persons during released have/terminal leave, their pay may be fixed at the minimum of the scale of pay of the civil post of Lower Division Clerk/Junior Clerk/Storemen and they will draw leave salary separately from the military authorities. Their pay in accordance with the formula mentioned at (2) above will be fixed from the date of their final discharge from the Army.

5. The power to fix the pay under this order is delegated to the Administrative Ministries/Departments of the Government of India. For this purpose the Comptroller and Auditor General of India will have the same powers as the Ministries of Government of India. Orders fixing the pay in such cases should be issued by invoking the provisions of Fundamental Rule 27.

17. DETAILS TO BE CALLED FOR FROM THE AUDIT OFFICERS:

For the correct determination of pay, competent authorities shall obtain the following information in respect of all officers viz. Gazetted, non-gazetted and Group ‘D’ from the Audit/Pay and Accounts officers who reported on the title to pension etc.

Post held substantively on the date of retirement and substantive pay in that post together with scale of pay.

Other post, if any, held an officiating capacity on the date of retirement and officiating pay drawn in the post together with scale of pay.

In the case of (ii) above, the dates of actal officiation.

(a) Special pay, personal pay and deputation allowance, if any, drawn on the date retirement and the period for which it was drawn continuously.

The portion of special pay etc. counted as emoluments for pension should be indicated.

In the case of special pay drawn in a substantive posts whether it is a part of the prescribed scale of the post and included in the relevant pay schedules.

Gross pension, including amount commuted particulars of pension payment order, to be quoted.

Death-cum-Retirement or other gratuity and pension equivalent thereof.

Government contribution to the contributory Provident Fund with interest and the pension equivalent thereof, the Contributory Provident Fund Account number previously allotted and the particulars of the authority issued by the previous Audit /Pay and Accounts officer.

After getting the above information, the competent authority shall fix the pay of the reemployed officer under the provisions of these orders and communicated the same in the sanction letter to the Audit/Pay and Accounts Officers. In the case of Ministries/Departments where the integrated accounts set up has been introduced, the information to the Audit/Pay and Accounts Officer regarding particulars of equivalent/higher posts held by the reemployed Government servant which was taken into account for giving the higher starting salary under paragraph 4(b)(ii) of the orders.

18. DELEGATION OF POWERS.

The administrative Ministries/Departments will be competent to fix the pay of a retired officer reemployed under them in accordance with the formula mentioned order 4 above, provided that the post in which the officer is reemployed already carries a sanctioned scale of pay. Cases in which a scale of pay has not been sanctioned for the post will be referred to the Deptt. of Personnel & Training.

The Administrative Ministries/Departments and the Comptroller and Auditor General may delegate their powers to lower authorities their discretion in respect of appointments which are with the powers of such lower authorities to make.

 

ANNEXURE I

FORM OF AGREEMENT TO BE EXECUTED BY THE CENTRAL GOVERNMENT (CIVIL) PENSIONER ON HIS REEMPLOYMENT.

An agreement made …………………….day of ……………one thousand nine hundred and ……………..between …….(herein after called the retired Govt. Servant, which expression shall include his/hers, executors, administrators and legal representatives) on the one part and the President of India (herein after called the Government) on the other part.

Whereas the Government has appointed ……………… a retired Govt. Servant in the post of………………….which carried a scale of ……………………………………..whereas in accordance with the orders contained in the Ministry of Finance Office Memorandum No.8(34)Estt.III/57 dated the 25^th Nov.,1958 As modified upto date, the initial pay or re-employment plus the gross amount of pension and/or the pension equivalent of other forms of retirement benefits shall not exceed (I) the pay he draw before his retirement or (ii) Rs.3500 which ever is less.

Whereas the pension and/or the pension equivalent of retirement benefits in respect of the retired Government servants’ previous service has not been finally determined and sanctioned by the competent authority before his reemployment.

Whereas the approximate amount of pension equivalent gratuity/pension equivalent of employer’s contributory Provident Fund receivable by the retired Government servant has been worked out to be Rs………….p.m.

Whereas the retired Government servant is desirous of receiving pay in the re-employed post each month inclusive of the amount of pension due to him for the relevant period but exclusive of a sum of Rs…………………..representing the approximate amount of pension equivalent of employer’s contribution to C.P.F.

Now therefore, the Government have agreed to fix his pay at a sum of Rs………….per month "provisionally" which sum shall include the amount of pension due to him for the relevant period but exclude an approximate amount of pension equivalent of employers Contribution to C.P.F.

On the condition that,

The provisional pay shall be subject to adjustment on the fixation of his final pay in accordance with the orders referred to above, when the pension equivalent of other forms of retirement benefits in the respect of his previous service are sanctioned to the retired Government servant by the competent authority.

The retired Government servant shall not have any further for the pension in respect in respect of the period during which he had drawn the amount there of included in the provisional pay.

And further that the actual pension equivalent of gratuity/pension equivalent of employer’s contribution to C.P.F. shall be subject to adjustment from the gratuity/G.P.F. when the sanctioned, to the extent it is different from the approximate amount excluded from the pay in the re-employed post to arrive at the provisional pay.

In witness where of the retired Government Servant has hereto set his hand the day and year first before written.

Signed by the said in presence of.

SIGNATURE

 

 

 

 

 

 

 

 

 

CAT CASE
MOST IMMEDIATE

 

No.3/19/99-Estt(Pay II)
Government of India
Ministry of Personnel Public Grievances & pensions
Department of Personnel & Training

New Delhi ,the 22^nd Oct..99

Subject  :-  O.A.No.799/98- filed by Shri Rajagopal, Operator (Telecom) (Retd.) Chennai, Custom House – relating to fixation of his pay on reemployment in revised pay scales.

The undersigned is directed to forward herewith a copy of the Commissioner of Customs. Custom House’s letter No.1/134/99-CAT Cell dated 7.10.99 on the subject mentioned above and to say that as per existing instructions vide OM of even number dt. 1.10.99 (copy attached) the Deptt. of Revenue being administrative Deptt. in this case was requested to defend the case on behalf of Govt. of India as a whole. In view of this, Deptt. of Revenue is again requested to defend the case as per advice given by thes Deptt. on earlier occasion. Parawise comments prepared by them in consultation with their Integrated Finance Division may also be shown to this Deptt. before filing the same in the CAT.