Regarding re-employment of government officials/officers after Superannuation.

Most Important

No. 5/1/2012-1B&C

From
The Principal Secretary to Government Haryana,
Finance Department.

To
1. All the Heads of Departments.
2. Registrar, Punjab & Haryana High Court, Chandigarh.
3. Divisional Commissioners, Ambala, Rohtak, Gurgaon and Hisar.
4. All the Deputy Commissioners in Haryana State.

Dated, Chandigarh the 29th May, 2013.

Subject:- Regarding re-employment of government officials/officers after Superannuation.

Sir/Madam,
   I am directed to invite your attention towards Finance Department letter of even number dated 4th July, 2012 on the subject noted above wherein it was requested that henceforth, no ex-cadre/additional posts would be created for re-employment of officials/officers after their superannuation and such posts would be treated within the sanctioned posts of their cadre. Further it was also decided that re-employment of officials after their superannuation Should not be allowed as a matter of routine and it should be allowed in very exceptional circumstances.

   2. It has come to the notice of Finance Department that the cases of re-employment of several retired officers/officials are being sent frequently to Finance Department for creating ex-cadre posts which are contrary to the instructions issued vide letter no referred to above. The Finance Department intends to further elaborate these instructions as under:-

   “Finance Department observes that several retired people are being re-employed. The Finance Department has two options-(i) that a new post is created for the person to be re-employed or (ii) an existing post vacated by the retired person (to be re-employed) is utilized for the re-employed person. Finance Department has opted for the second option since re-employment in every case would otherwise imply creation of additional post causing unnecessary burden on the exchequer. In any case, if the work in that department/ place was discharged by ‘X’ number of employees earlier, it would be inappropriate to have ‘X+l’ persons to do the same work without any justification. This would also ensure that the pressure of serving employees will deter the re-employment of all and sundry. The government has expressedly banned the creation of new posts considering the strain on the resources and the continuing revenue deficit.”

   3. It is again re-iterated that the above said policy instructions and earlier issued by letter no. referred to above be complied with meticulously and cases of re-employment of officers/officials after their superannuation should be sent to Finance Department in very exceptional circumstances.

   4. These instructions may please be brought to the notice of all concerned for strict compliance.

Yours faithfully,

Sd/-
Joint Secretary Finance (Budget)
for Principal Secretary to Govt. Haryana,
Finance Department.

Source:http://finhry.gov.in/writereaddata/Instruction/B&C%20Branch/6096.pdf

Non payment of Dearness Relief on Disability Element While on Re-Employment.

Principal Controller of Defence Accounts (Pensions)
Draupadi Ghat, Allahabad - 211014

Circular No. 166

No. AT/Tech/263- XVI
O/o the Pr. C.D.A. (P), Allahahad
Date: 07.03.2013

Sub: - Non payment of Dearness Relief on Disability Element While on Re-Employment.

   The payment of dearness relief during re-employment / employment / permanently absorption of pensioners / family pensioners under the Central or State Government or in a Statutory Corporation / Company / Body / Bank under them in India or abroad is not being regulated correctly by various Pension Disbursing Authorities. Where some Pension Disbursing Authorities are disallowing dearness relief to re-employed pensioner of commissioned officer on disability element, others are allowing in few cases. Similar irregularities have been noticed in case of pensioners of PBOR. The instances of not allowing dearness relief to family pensioners during their employment are also drawing attention of this office/Ministry from time to time. The position on the subject is though clearly stipulated in Ministry of Personnel, Public Grievances & Pensions. Dept of P&PW letter No. 45/73/97-P&PW(G) dt. 2nd July, 1999 and Ministry of Defence letter No. 79(1 )/95/D (Pen/Services) dated 28th August 2000 and Deptt of P&PW UO No. 41/42/2007-P&PW(G) dt. 3-4-2008. However, position is re-clarified as under for uniform implementation of above orders.

   (a) In case of re-employed pensioners who hold Group 'A’ post or posts of the ranks of commissioned officers at the time of their re-employment will not be entitled to any dearness relief on pension on the fact that:-

   (i) A certain portion of pension is taken into account and is not entirely ignored.

   (ii) The pay in the post of re-employment is not required to be fixed at the minimum of the scale in all cases, and

   (iii) Dearness allowance at the rates applicable from time to time is also admissible on the pay fixed on re-employment.

   (b)(i) The entire pension admissible is to be ignored in the case of civilian pensioner who held posts below Group 'A’ and those ex-servicemen who held posts below the ranks of commissioned officers, at the time of their retirement. Their pay on re-employment is to be fixed at the minimum of the pay scale of the post in which they are re-employed. Such civilian pensioners will consequently be entitled to dearness relief on their pension at the rates applicable from time to time.

   (b)(ii) The ex-servicemen (PBOR) who retired before attaining the age of 55 years and re-employed thereafter and their pay fixed at a higher stage because of advance increments and no protection of the last pay drawn is being given, the pay should he treated as fixed at a minimum only for the purpose of ignoring the entire pension and allowing dearness relief on pension.

   (c) The disability element is part of disability pension, therefore position explained at a & b above will also apply for regulating dearness relief on disability element during re-employment of pensioner drawing disability pension.

   (d) The family pension received by the eligible central Govt. employees/Armed Forces pensioners is, in any case, not taken into account in determining their pay on employment therefore, dearness relief at the rates applicable from time to time shall he admissible on their family pension.

   Incorrect payment of pension is not only infringement of Govt. orders but also cause of concern to pensioners. It is, therefore, requested to instruct Pension Paying Branches / CPPC / Offices / Treasuries under your jurisdictions to regulate the payment of dearness relief on pension /family pension on re-employment / employment / permanently absorption of pensioners/family pensioners as explained above.

Sd/-
(P.N. CHOPRA)
Asst.CDA (P)

Source:http://pcdapension.nic.in/6cpc/Circular-166.pdf

Recruitment on all India basis by open competition and otherwise than by open competition — Clarification regarding.

No.36034/2/2013-Estt.(Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi.
Dated 8th April, 2013

OFFICE MEMORANDUM

Subject: Recruitment on all India basis by open competition and otherwise than by open competition — Clarification regarding.

   The undersigned is directed to say that the Ex-servicemen (Re-employment in Central Civil Services and Posts) Amendment Rules, 2012, inter alia provides as follows:-

   “5 (b) For appointment to any vacancy in Group A and Group B services or posts filled by direct recruitment otherwise than on the results of an Open All India Competitive Examination, the upper age limit shall be relaxed by the length of military service increased by three years in the case of ex-servicemen and commissioned officers including Emergency Commissioned Officers or Short Service Commissioned Officers.

   (c) For appointment to any vacancy in Group A and Group B service or posts filled by direct recruitment on the results of an All India Competitive Examination, the ex-servicemen and Commissioned Officers who have rendered at least five years military services and have been released:-

   i) on completion of assignment (including those whose assignment is due to be completed within one year) otherwise than by way of dismissal or discharge on account of misconduct or inefficiency; or

   (ii) on account of physically disability attributable to military service or on invalidment, shall be allowed maximum relaxation of five years in the upper age limit.”

   2. This Department has been receiving representations and RTI applications to clarify the meaning of the phrases “recruitment otherwise than on the results of an Open All India Competitive Examination” and “posts filled by direct recruitment on the results of an All India Competitive Examination” mentioned in the above paragraph.

   3. It is hereby clarified that instructions on the subject already exist that the expression ‘direct recruitment on the results of an All India Competitive Examination’ means (i) all recruitment by UPSC whether through written examination or by interview or both and; (ii) recruitment made by other authorities including Staff Selection Commission or any other appointment authority through written competitive examination or tests (but not by interview only). The expression ‘direct recruitment otherwise than by open competition means’ (i) any recruitment not made by the UPSC or (ii) recruitment not made through written competitive tests held by any other authority.

   4. All the Ministries/Departments are requested to bring it to the notice of all establishments under their control.

Sd/-
(Sharad Kumar Srivastava)
Under Secretary to the Govt. of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36034_2_2013-Estt.Res.-08042013.pdf

Urgently fill the various posts, on deputation basis/re-employment basis.

RAJYA SABHA SECRETARIAT

PARLIAMENT HOUSE ANNEXE
NEW DELHI

No.RS/46/2012-Perl.

  Dated the 9th  November, 2012

OFFICE MEMORANDUM

   Rajya Sabha Secretariat proposes to urgently fill the various posts, listed in the Annexure-I of the Office Memorandum, on deputation basis/re-employment basis from persons, who are working or have retired from the Government/Public Sector Organisations/Autonomous Bodies. The number of posts and conditions of eligibility of various posts are as given against each post in the  Annexure-I of this Office Memorandum.

Re-engagement of retired staff on daily remuneration basis in exigencies of services.

RBE NO 09/2012

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No. E(NG)II/2010/RC-4/6

New Delhi, dated 27.09.2012.

The General Manager (P)
All Indian Railways
(As per standard mailing list)

Sub: Re-engagement of retired staff on daily remuneration basis in exigencies of services.

   Keeping in view the acute shortage of staff in various categories of posts owing to various reasons and consequent hampering of the Railway’s services, Ministry of Railways (Railway Board) have decided to permit General Managers to re-engage retired employees with the following conditions:

Facility of retention of accommodation in the case of re-employment.

No.12035/28/96-Pol. II (Vo.l)
Government of India
Ministry of Urban Development
Directorate of Estate.
Nirman Bhawan
New Delhi

Dated: 14.06.2012

Office Memorandum

Subject: - Facility of retention of accommodation in the case of re-employment.

   The undersigned is directed to invite a reference to this Directorate's OM No.12035/28/96.Pol.II, dated 30.09.2009 on the subject noted above and to say that officers who retired from Central Govt. Service before 30.09.2009 and thereafter were reemployed/ appointed in Central Government on tenure basis, may be allowed to avail the un-availed period of retention of 8 months permissible as per SR-317-B-11 and SR-317-B- 22 immediately after termination of their reemployment. However from 30.09.2009 the facility of retention of Govt. accommodation under SR-317-B-11 ond SR-314-B-22 by the officers of Centrol Govt. on their superannuation are to be availed in one go starting from the date of their superannuation. This period of retention cannot be availed in piecemeal or postponed to a later date on their reemployment if not availed immediately after the superannuation of the officer in case the date of retirement of officer is 30.09.2009 or thereafter.

   This issues in partial modification of this office OM No.12035/28/96-Pol.II, dated 30.09.2009 with the approval of UDM.

(R.N Yadav)
Deputy Director of Policy)

Source:http://estates.nic.in/WriteReadData/dlcirculars/Circulars20131.pdf