GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
RAJYA SABHA
UNSTARRED QUESTION NO-848
ANSWERED ON-12.12.2013
Guidelines for re employment
848 . SHRI MAHENDRA SINGH MAHRA
(a) whether Government of India has issued guidelines regarding prescribing maximum age limit for re-employment in SBI and other Public Sector Banks upto the age of 50 years in “Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979;
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF FINANCIAL SERVICES
JEEVAN DEEP
10, PARLIAMENT STREET.,
NEW DELHI-110 001
F. No.4/1/2012-SCT (B)
Dear,
Please refer to your D.O. No 12(35)1211/D(Res-I) dated 24/04/2012 regarding grievances of ex-servicemen re-employed in Public Sector Banks for fixation of their salary in banks.
2. In this connection, I would like to mention that the Department of Financial Services had circulated instructions/directions/Circulars such as of the DoP&T’s earlier OM No. 3/19/2009-Estt.Pay II dated 8.11.2010 as well as the Ministry of Defence (MOD)’S letter No.1(4)/2007/D(Pen/Policy) dated 09.02.2011 to all Public Sector Banks(PSBs)/Financial Institutions (FIs) and Insurance Companies (ICs) for compliance.
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
[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub section (I)]
Government of India
Ministry of Personnel, Public Grievances and Pensions
NOTIFICATION
New Delhi, dated the 4th October, 2012
G.S.R. - In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979, namely:-
1. (1) These rules may be called the Ex-servicemen (Re-employment in Central Civil Services and Posts) Amendment Rules, 2012.
(2) They shall come into force from the date of their publication in the Official Gazette.
2. In the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979
(I) in rule 2, for clause (C), the following clause shall be substituted, namely:-
Central Government provides 10% reservation for Ex- servicemen in civil jobs in Group `C` posts and 20% in Group `D` posts. Most State Governments provide reservation for Ex-servicemen which varies from State to State as it is based on the total population of Ex- servicemen domiciled in the State and the rehabilitation policy of the concerned State.
