Fixation of pay of ex-employees of the Government in Pakistan, who while on leave preparatory to retirement, of after retirement, are employed under the Government of India
Government of India
Ministry Of Finance
(Department Of Expenditure)
New Delhi – 2, the 15th July 1960
Subject: Fixation of pay of ex-employees of the Government in Pakistan, who while on leave preparatory to retirement, of after retirement, are employed under the Government of India.
The undersigned is directed to refer to this Ministry’s Memorandum No.14(4) –Est.III/50 dated the 21st July, 1950 on the subject noted above, wherein it was, inter alia, provided that the pay of displaced Government pensioners will be provisionally fixed without taking into account the leave salary or pension that might be admissible to them from the Government of Pakistan and that such pay would be fixed in the same manner as for an employee of a state in India in receipt of leave salary or pension when re-employed under the Government of India. The manner of fixing the pay finally, as and when one’s leave salary and pension are sanctioned by the Government of Pakistan has since been considered and it has been decided, in consultation with the Ministry of Home Affairs, that the pay should be fixed finally in the following manner:-
(i)If the re-employment is in respect of a period during which the officer is treated by the Government in Pakistan as having retired from their service, the pay provisionally fixed, as provided in paragraph 1 of this Ministry’s Memo. Cited above, should be refixed after taking into account the pension and pension equivalent of other retirement benefits, if any, sanctioned by the Government of Pakistan in the same manner as for a state government pensioner re-employed under the Government of India should be reduced by the amount of pension and/or pension equivalent of any other form the Government of Pakistan. As however, the pay in full has already been drawn so far such part of the pay as represents the amount of pension and or pension equivalent of any other form of retirement benefit for this period should be credited to the government of India by the accounts officer concerned in India in consultation with the undertaking already taken from the government servants. For the future the provisional pay already fixed should be refixed by reducing it by the amount of pension and/or pension equivalent of any other form of retirement benefit to be drawn separately and paid to the Government servant.
(ii)The annual increments in the time-scale of pay in which the pay was fixed will be drawn as usual.
(iii)If the re-employment under the Government of India was made during leave preparatory to retirement full leave salary as authorised by Pakistan authorities will be allowed to be drawn by the Government servant concerned after obtaining proper quittance. But the pay originally fixed provisionally should be reduced to the extent to leave salary paid to the individuals by Pakistan authorities is in excess of the leave on half average pay as admissible under orders of the Government of India in respect of leave salary paid in India vide clause (2) of paragraph 1 of this Ministry’s O.M.No. F.7(5 )-Est.IV/52, dated the 28th March. 1952 as amended in this Ministry’s O.M.No.F.7(9)-Est.IV/58, dated the 21st February, 1958. The excess amount of pay overdrawn should be recouped by adjustment in accordance with the terms of undertaking referred to in sub-para(i) above.
(iv)The dearness and other Compensatory allowances will continue to be regulated in accordance with this Ministry’s O.M.No.2(43 )-Est.II(S)/47, dated the 11th September, 1948 and O.M. No.F.5 (26)-Est. (Spl)/48 dated the 8th April, 1949.
These however will be subject to retrospective re-fixation following re-fixation of pay as proposed in paragraph 1(i).
2. (a) The overpayments, if any, caused as a result of fixation of pay in the manner expalined in paragraph 1 above, will, to the extent possible be adjusted in the manner prescribed in paragraph 2 of this Ministry’s Memorandum No.14(4)-E.IIl/50, dated the 21st July, 1950 and any net overpayment remaining unadjusted will be written off.
(b) The displaced Government servants electing Pakistan pension will get dearness, Compensatory (city) and house rent allowances in accordance with paragraph 1(XVI) of this Ministry’s O.M.No.2(43 )-E.II (S )/47 dated the 11th September, 1948, and O.M.No.5 (26)-Est. (spl )/48 dated the 8th April, 1949. But, the overpayments representing the difference between the allowances already drawn by them on the basis of provisional pay and those admissible in accordance with the above two office Memoranda, on the . retrospective re-fixation of their pay, need not be recovered.
3.In cases where the pensions etc., sanctioned by the Government of Pakistan are being drawn separately from that Government and the pay of the Government servant concerned has been fixed after taking into account the amount of pension and/or pension equivalent of any other form of retirement benefit, he will continue to draw his pay as already fixed.
4.The pay will also be refixed in cases where pension has been transferred to the Accounts officers in India direct before the Central Claims Organisation was set-up. The Ministry/Department etc., may take necessary action in respect of displaced persons who migrated to India before 30.6.55 but did not register their claims of pension with the Central Claims Organisation and those who migrated after the target date so that their pay is refixed in case they get pension direct from Pakistan as and when remittances facilities are restored by the two countries.
5.In so far as the persons employed in the Indian Audit and Accounts Department are concerned, these orders have been issued after consultation with the Comptroller and Auditor General of India.
Deputy Secretary to the government of Inida