Clarification regarding fixation of pay of re-employed ex-servicemen pensioners retiring before attaining age of 55 years

Clarification regarding fixation of pay of re-employed ex-servicemen pensioners retiring before attaining age of 55 years

Clarification regarding fixation of pay of re-employed ex-servicemen pensioners retiring before attaining age of 55 years and who hold post below commissioned officer rank in the Defence Forces.

FILE NO. 01-01/2011-PAP
GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATIONS AND I.T.
DEPARTMENT OF POSTS (ESTABLISHMENT DIVISION)
DAK BHAWAN, SANSAD MARG, NEW DELHI-110001.

THE: 15th September, 2015.

TO
All Chief Postmasters General,
Chief General Managers, PLI, BD&MD,
Deputy Director General (PAF), Postal Dte.,
All General Managers(Finance),
All Directors of Accounts (Postal),
The Director Postal Staff College of India, Ghaziabad,
All Directors of PTCs.

Sub: Clarification regarding fixation of Pay of re-employed ex-servicemen pensioners retiring before attaining age of 55 years and who hold post below commissioned officer rank in the Defense Forces.

Sir/Madam,
I am directed to forward herewith a copy of clarification issued by the Ministry of Personnel, PG and Pensions, Department of Personnel and Training, New Delhi, DoPT ID Note No. 1101965/2015-Estt.(Pay-II) dated 28th August 2015 on the subject cited above, for kind information and further necessary action at your end.

2. Clarification may be circulated to all sub-ordinate offices concerned, with direction to dispose all cases of pay fixation of re-employed ex-servicemen pensioners retiring before, attaining age of 55 years and who hold post below commissioned officer rank in the Defense Forces, in light of clarification issued.
Enclosed: As above

Yours faithfully,
sd/-
(Major S.N. Dave)
Assistant Director General(Estt.)

Department of Personnel & Training

Establishment (Pay-II)

Reference preceding notes
D/o Posts may please refer to their proposal on preceding page seeking clarification regarding fixation of pay of re-employed/ex-servicemen pensioners retiring before attaining the age of 55 years, who held posts below commissioned officer rank in the Defence Forces and also whether the last pay drawn before retirement is subject to protection.

2. The. matter has been examined in this Department. It is pointed out that paras 4(a), 4(b)(i) and 4(d)(i) of DOS (Fixation of Pay of Re-employed Pensioners) Orders, 1986 as amended vide this Department’s OM. No.3/19/2009-Estt.(Pay.ll) dated 5.4.2010, provide that in case of ex-servicemen
who held post 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 before 55 years of age, the entire pension and pension equivalent of retirement benefits shall be ignored, that is, no deduction on this count is to be made from the initial pay fixed on re-employment. Also, in terms Of the Para flin) of CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986, as amended vide this Department’s O.M. No.3/19/2009-Estt.(Pay.ll) dated 5.4.2010, the initial pay on re-employment shall be fixed as per the entry pay in the revised pay structure of the re-employed post applicable in the case of direct recruits appointed on or after 1.1 .2006. as notified vide Section II, Part A of First Schedule to CCS(Revised Pay) Rules, 2008. These instructions do not provide for protection of last pay drawn before retirement, in such cases.

3. Deputy Secretary (Pay) has seen.

sd/-
(Pushpender Kumar)
Under Secretary (Pay)

D/o Posts [ADG (Estt.)], Dak Bhawan, New Delhi
DoPT ID Note No. 1101965/2015-Estt.(Pay-II) dated 28th August 2015