CCS (RP) Rules for Re-employed Employees

  

ORDER FROM DEPARTMENT OF PERSONNEL & TRAINING

  

No. 3/19/2009-Estt. (Pay II)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
*********

New Delhi, Dated: 5th Apri1, 2010.

  

OFFICE MEMORANDUM

  

Subject: Applicability of CCS (RP) Rules, 2008 to persons re-employed in Government Service after retirement and whose pay is debitable to Civil Estimates.

  


              The undersigned is directed to refer to this Department’s O.M. No.3/13/2008-Estt. (Pay II) dated 11th November, 2008 on the above-mentioned subject. Certain references have been received seeking clarification regarding the manner of
fixation of pay of retired Defence Forces personnel / officers re-employed in Central Government Civilian posts,after the implementation of CCS (RP) Rules, 2008. This has been considered in consultation with Department of Expenditure. The pay fixation of re-employed pensioners on re-employment in Central Government, including that of Defence Forces personnel/officers, is being done in accordance with CCS (fixation of pay of re-employed pensioners) Orders, 1986, issued vide this Department’s O.M. No. 3/1/85-Estt. (Pay II) dated 3lst July, 1986 (as revised from time to time).

2.          After the introduction of the system of running pay bands and grade pays, it has been decided to amend the relevant provisions of CCS (fixation of pay of re-employed pensioners) Orders, 1986 in the manner indicated below: –

Existing Provision

Proposed Revised Provision

Para 4(a): Re-employed pensioners shall be allowed to draw pay only in the prescribed scales of pay of the posts in which they are re-employed. No
protection of the scales of pay of the posts held by them prior to retirement shall be given.

Para 4(a):Re-employed pensioners shall be allowed to draw pay only in the prescribed pay scale/pay structure of the post in which they are re-employed. No protection of the scales of pay/pay structure of the post held by them prior to retirement shall be given.



Note: Under the provisions of CCS (RP) Rules, 2008, revised pay structure comprises the grade pay attached to the post and the applicable pay band.

Para 4(b)(i): In all cases where the pension is fully ignored, the initial pay on re-employment shall be fixed at the minimum of the scale of pay of the re-
employed post.

Para 4(b)(i): In all cases where the pension is fully ignored, the initial pay on re-employment shall be fixed as per 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 (RP) Rules, 2008.

I Para 4(b)(ii):In cases where the entire pension and pensionary benefits are not ignored for pay fixation, the initial pay on re-employment shall be fixed at the same stage as the last pay drawn before retirement. If there is no such stage in the re-employed post, the pay shall be fixed at the stage next above that pay. If the maximum of the pay scale in which a pensioner is re-employed is less than the last pay drawn by him before retirement, his initial pay shall be fixed at the maximum of the scale of pay of the re-remployed post. Similarly, if the minimum of the scale of pay in which a pensioner is re-employed is more than the last pay drawn by hlm before retirement, his initial pay shall be fixed at the minimum of the scale of pay of the re-employed post. however, in all these cases, the non-ignorable part of the pension shall be reduced from the pay so fixed.

Para 4(b)(ii) In cases where the entire pension and pensionary benefits are not ignored for pay fixation, the initial pay on re-employment shall be fixed at the same stage as the last pay drawn before retirement. However, he shall be granted the grade pay of the re-employed post. The maximum basic pay cannot exceed the grade pay of the re-employed post plus pay in the pay band of Rs.67000 i.e. the maximum of the pay band PB-4. In all these cases, the non-ignorable part of the penslon shall be reduced from the pay so fixed.



Illustration


4 .Colonel who retired with basic pay of Rs.61700 (grade pay Rs.8700; pay in the 3ay band Rs.53000) is re-employed as a Deputy Secretary in an organization with Grade pay of Rs.7600. In this case, on re-mployment, his basic pay will continue to be Rs.61700. However, his grade pay on re-employment will be Rs.7600 and the pay in the pay band Rs.54100. Thereafter, the non-ignorable part of the pension will be reduced from the pay so fixed.



Note: In the revised pay structure, basic pay is pay in the pay band plus the grade pay attached to the post.

Para 4(c): The re-employed 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.

Para 4(c): No change

Para 4(d): In the case of persons retiring before attaining the age of 55 years and who are re-employed, pension (including PEG and other forms of retirement benefits) shall be ignored for initial pay fixation in the following extent:-

(i) In the case of ex-servicemen who held posts below Commissioned Officer rank in the Defence Forces and in the case ol 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.



(ii) 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 retirement benefits shall be ignored. (*Already revised to Rs. 4000/- vide O.M. No. 3/13/2008-Estt. (Pay II) dated 11th November, 2008)

Para 4(d): In the case of persons retiring before attaining the age of 55 years and who are re-employed, pension (including PEG and other forms of retirement benefits) shall be ignored for initial pay fixation in the following extent:-

No change.












(ii) In the case of Commissioned Service officers belonging to the Defence Forcesand Civilian pensioners who held Group ‘A’posts at the time of their retirement, the first Rs. 4000/- of the pension and pension equivalent retirement benefits shall be ignored.

  

3.          Apart from the above, it is also clarified as under: –

(i) Drawal of increments: Once the initial pay of the re-employed pensioner has been fixed in the manner indicated above, he will be allowed to draw normal increments as per the provisions of Rule 9 and 10 of CCS (RP) Rules, 2008.

(ii) Allowances: The drawal of various allowances and other benefits in the revised pay structure shall be regulated with reference to the grade pay of the re-employed post or the basic pay, as the case may be.

(iii) Treatment of Military Service Pay (MSP): MSP is granted to Defence Forces officerslpersonnel while they are serving in the Defence Forces. Accordingly, on their re-employment in civilian organizations, including secret organizations under the Cabinet Secretariat umbrella, the question of grant of MSP to such officers / personnel does not arise. However, the benefit of MSP given to all retired Defence Forces officers/personnel by reckoning it at the time of calculation of their wension (notionallv in the case of pre-1.1.2006 pensioners) should not be withdrawn. ‘Accordingly. while the pension of such re-employed pensioners will include the element of MSP. they will not be granted MSP while working in civilian organizations.

(iv) Fixation of pay of personnel / officers re-employed prior to 1.1.2006 and who were in employment as on 1.1.2006: In the case of personnel/officers who were re-employed before 1.1.2006 and who were working in the Central Government organizations on re-employment basis as on 1.1.2006, their pay will be fixed in accordance with the provisions of DOPT O.M. No.3/13/2008- Estt.(Pay II) dated 11.11.2008. This O.M. stipulates that re-employed persons who become eligible to elect revised pay structure shall exercise option in the manner laid down in Rule 6 of CCS (RP) Rules, 2008 and their pay shall be fixed in accordance with the provisions of Rule 7 of CCS (RP) Rules, 2008. In this context, it is clarified that in accordance with the provisions of Rule 7 of CCS (RP) Rules, 2008, Department of Expenditure issued fitment tables corresponding to each pre-revised pay scale vide O.M. No.1/1/2008-IC dated 30.8.2008. In the case of those personnellofficers as well, who were re-employed before 1.1.2006 and who were working in the civilian organizations on re-employment basis as on 1.1.2006, their pay will be fixed with refeience to the fitment table of the pre-revised civilian pay scale in which they were re-employed and corresponding to the stage in the pre-revised pay scale as on 1.1.2006.

(v) Fixation of pay of personnelfofficers who retired prior to 1.1.2006 and who have been re-employed after 1.1.2006: In the case of personnel/officers who had retired prior to 1.1.2006 and who have been re-employed after 1.1.2006, their pay on re-employment will be fixed by notionally arriving at their revised basic pay at the time of retirement as if they had retired under the revised pay structure. This will be done with reference to the fitment table of the Defence Service RankICivilian service post (as the case may be) from which they had retired and the stage of basic pay at the time of their retirement. Their basic pay on re-employment will be fixed at the same stage as the notional last basic pay before retirement so arrived at. However, they shall be granted the grade pay of the re-employed post. The maximum basic pay cannot exceed the grade pay of the re-employed post plus pay in the pay band of Rs.67000 i.e. the maximum of the pay band PB-4. In all these cases, the non-ignorable part of the pension shall be reduced from the pay so fixed.

4.           The existing instructions on the subject shall be treated as amended to this extent. .

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

(Rita Mathur)
Director



April 5, 2010  Tags:   Posted in: Pension

5 Responses

  1. S.R.Vasu ,Tax Assistant in Central Excise Department -- Ex Junior Warrant Officer from Air Force - April 16, 2010

    I was retired from Indain Air Force on 31.8.1995 and reemployed in the department of Central Excise and Customs Department as L D C in the pay scale of 3050—- on 31.7.2000
    I am drawing my pension
    My doubt is that Am I eligible to re fix my pas as per he details or as per Government of India, Ministry of Personnel, Public Grievances & Pension , Department of Personnel & Training letter No. 3/19/2009 – Estt. (Pay II) dated 5.4.2010

    kindly claryfy sir

    with regards

    s r vasu

  2. Dr Mithra BC - May 25, 2010

    I have been re-employed in ESIC (Central Govt. aided corporation) wef 24 July 2009 after complition on 19 Mar 2008 of my short service commission in Indian Army. While retairing my basic pay was Rs.29300, Grade pay – Rs.6600. Now I have been given basic pay Rs.18750, Grade pay – 6600.

    I request, Could I claim my present pay on basis of my last pay drawn. Kindly guide me in this regard.

    Thank you.

    -Dr Mithra BC

  3. LOKANATHAN D - June 22, 2010

    I have been joined in central government organisation as re-employment basis after technical resignaion form paramilitary force. my prior service i have rendered 5 years and 8 months of service.

    I have selected present post as re-employment basis through proper channel as per employment advertisement and i have not been provided any prior service benefit and presently fixed the minimum scale i.e. Rs.9300 plus GP Rs. 4200/- priorely my last pay was Rs. 12840/- plus GP Rs. 4200/-.

    The person who already in the central government regular service served 5 years and 8 month he may appointed as re- employment in another central government organisation?

    what is the eligibility for appointing as re-employment in central government organisation as per CCS rule?

    Please send the appropriate answers.

  4. Ragahavn - July 29, 2010

    Dear sir

    I took voluntary retirement(VRS) from Central govt of India Job in august 2008 at the age of 48 years. Can I be re-employed again in any Govt of India Job as I have another 10 years to render service prior to my 60 year retirment, if not taken VRS. Can you please clarify me this

  5. pranab banerjee - August 4, 2010

    sir,
    I have retired from indian air force on 31 may 2005 on completion of 20 years of services.I have been appointed in the incometax department on 20 March 2009 as IT Inspector.I have undergone family planning operation while serving the Indian Air Force and continued to get FPA till my retirement from the IAF. My present employer (incometax dept. ) have denied FPA.It is my humble request to clarify whether I will get the FPA from my present employer or not ?

    With regards ,

    Pranab Banerjee.

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