No.28/2/85-P&PW

Government of India

Ministry of Personnel

Public Grievances & Pension

Department of Pension & Pensioners’ Welfare

…

 

6th floor, Nirvachan Sadan, Ashok Road,

New Delhi, dated the 22nd February, 1988

 

OFFICE MEMORANDUM

 

Subject:           Mobility of personnel between Central Government Departments and Autonomous Bodies – counting of service for pension.

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            The undersigned is directed to say that vide para-7 of the instructions issued vide the Department of Personnel & Administrative Reforms OM No.28/10/84-Pension Unit dated 29th August, 1984 on the above subject these instructions are effective from the date of issue i.e. 29th August, 1984. It is further stipulated therein that the revised policy as enunciated thereunder would be applicable to those employees who retired from Government/Autonomous Body service on or after the issue of these orders.        

 

2.         It has been held by the Supreme Court of  India  in its judgment dated 12th August, 1987 in Writ Petition No.3739 of   1985 – case of  Shri R.L. Marwaha vs. Union of  India  & Others, that  paragraph 7 of the Government cannot  be used  against persons in the position of  the petitioner  to deny  them the benefit of the past service  for purposes of  computing  the pension.          

 

3.         The question regarding implementation of the Supreme Court judgement has been under consideration of the Government.  The President has now been pleased to decide that the benefit under the instructions contained in the orders dated 29-8-84 should also be extended to all those who had retired prior to the issue of said orders and who are otherwise eligible for  the benefit of  counting  of  service  thereunder.

 

4.         The arrears of pension, if any, which become due to the concerned pensioners, would be disbursed to them w.e.f. 29-8-84 i.e. the date of the Government order only and that they would not be entitled to get any relief in respect of the period prior to 29-8-84.   

 

5.         All the Ministries/Departments/Autonomous Bodies may review the cases of such pensioners on receipt of their requests.  

 

6.         In their application to pensioners who retired from Indian Audit & Accounts Department, these orders have been issued after consultation with the Comptroller & Auditor General of India.    

Sd/-

                                                        (A.K. PATNAIK)

Deputy Secretary to the Government of   India

 

To

 

            All Ministries/Departments of the Government of India.