Fixation of pay in respect of re-employed pensioners
Office of the Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt – 110 010
Dated: 06th July 2017
All PCsDA/CsDA/PCA (Fys)/CsFA (Fys)
(Through CGDA Mail Server)
Subject: Fixation of pay in respect of re-employed pensioners.
Fixation of pay in r/o re-employed ex-servicemen is regulated as per CCS (Re-employed pensioners) order 1986 as amended from time to time consequent on implementation of 6th CPC, these orders were amended vide DOPT OM dated 11-11-2008 and 05-04-2010, Accordingly, pay fixation of persons re-employed in the revised pay structure of 6th CPC is to be regulated as per the provisions laid down in para 4 (b) (i), 4(b) (ii) read with para 4 (d) of OM dated 05-04-2010.
2. As per para 4 9d) of DOPT OM dated 05-04-2010. Ex-servicement who held the post below commissioned officer Rank in Defence Force and in case of civilian who held the post below Group a post at the time of retirement, the entire pension and pension equivalent to retirement benefits shall be ignored Further, para 4 (b) (i) of CCs (Re-employed pensioners) Orders 1986 as amended vide para 2 of OM dated 05-04-2010 prescribes that 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 01-01-2006 as notified vide section II. Part A of first schedule of CCS (RP) Rules 2008 However, the method of pay fixation of personnel officers who retired prior 01-01-2006 and who have been re-employed after 01-01-2006 has been provided at para 3 (v) of OM dated 05.-04-2010 which prescribes to fix the pay on re-employment by notionally arriving at their revised basic pay at the time of retirement as if they had retired under revised pay structure
3. On receipt of a reference from PCA (Fys) Kolkata seeking confirmation of their views regarding pay fixation in r/o a PBOR who retired before 01-01-2006 and got re-employed in civil post after 01-01-2006, the issue was examined in HQrs Office and as per this office letter of even No dated 01-01-2017, the stand taken by PCA (Fys) Kolkata on the subject issue was endorsed and it was opined that the case needs to be regulated as per para 3 (v) of DOPT OM dated 05-04-2010.
4. However, on receipt of further reterence from PCA (Fys) Kolkata in the matter, the issue has been re-examined in consultation with various controllers offices in the light of para 8 (iii) of DOPt OM No.3/3/2016 Estt (Pay ID dated 01-05-2017 and DOPT ID dated 21-02-2017 stipulates that pay of non commissioned Ex-servicemen (PBORs) should be fixed as per entry pay in the revised pay structure. Moreover, it is seen that para 8 (iii) of DOPt OM No.3/3/2016-Estt (Pay-II) dated 01-05-2017, has the headline, fixation/drawal of pay of re-employed persons who retired prior to 01-01-2016 and who have been re-employed after 01-01-2016 and whose entire pension and pensionary benefits are not ignored for pay fixation.
5. In view of the above, it is interred that the provisions of para 8 (iii) of DOPT OM No.3/3/2016-Estt (Pay II) dated 01-05-2017 and hence para 3 (V) of DOPT OM No.3/19/2009-Estt (Pay II) dated 05-04-2010, which is analogical to para 8 (iii) of OM dated 01-05-2017, are applicable only for the pay fixation of retired GP ‘A’ Officers on re-employment and not for the pay fixation of PBORs on re-employment in civil post.
6. Affected cases may be dealt with accordingly.
This has the approval of addl CGDA (PP&W).
Sr ACGDA (AT-I)