ANNEXURE-II
Model pay fixation if opted as per
Rule (4) of Re-employed pensioners
Period of
Military Service :
1-9-1993 to 31-10-2011
Military
pension granted : Rs.4500/-
p.m
Pension
equivalent of Retirement Gratuity: Rs.240/-
Date of
appointment as PA : 1-4-2012
Pay
Fixation:- At initial stage of PA = Rs.7510 + 2400
(As per under 4 b(i) of fixation of pay of re-employed
pensioners, 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
re-employed post).
The re-employed pensioner will, in addition to pay as fixed
above shall be permitted to draw separately any pension sanctioned to him and
to retain any other form of retirement benefits ( Rule 4 ( c )
What about para-4(d) ?????? why DA(P) is silent on this. For all concerned please follow----------
ReplyDeleteRegistration Number
:
DOPAT/E/2013/01215
Name Of Complainant
:
YESBIR SINGH
Date of Receipt
:
29 Oct 2013
Received by
:
Department of Personnel and Training
Forwarded to
:
PAY DIVISION
Contact Address
:
NORTH BLOCK
DELHI
110001
Contact Number
:
23093179
Grievance Description
:
SUB :FIXATION OF PAY TO EX-SERVICEMEN WHO RETIRED AFTER 01.01.2006 AND RE-EMPLOYED IN INDIAN RAILWAY ON OR AFTER 01.01.2006 Respected Sir, 1 Please draw your kind attention on your DOPT OM No 3/19/2009.Estt.Pay II dated 08 Nov 2010. This order circulated by Govt of India Ministry of Finances Department of financial services vide their letter No 4/1/2010-SCT(B) dated 22 Nov 2010 for information and compliance and also well clarified by the Finance Ministry vide FNO 4/1/2010-SCT(B) dated 23.3.2012 and FNO 4/1/2012-SCT(B) dated 28 Aug 2012. According to these DOPT instructions all units under DFS like SBI, RBI,UBI, NABARD, LIC etc are fixing the last drawn pay of ex-servicemen in the re-employed post which includes pay in the pay band plus grade pay plus military Pay as per Para I and last Para of your DOPT letter No 3/19/2009. Estt Pay II dated 08 Nov 2010. 2 Where as the same DOPT letter dated 08 Nov 2010 has circulated and implemented by Railway Ministry ,Railway Board vide letter No E(G)2013/EM 1-4 dated 24 Jul 13 (RBE 73/2013) with instruction that these instructions of DOPT letter apply on Railways also. But the pay fixation department says that you cannot be fixed pay as per this DOPT letter dated 08 Nov 2010, they said that you will be fixed as par 4(b) I of DOPT OM NO 3/19/2009 Estt Pay II dated 05 Apr 2010 the entry pay that is minimum pay of the band in which we have re-employed where as this Para to be superseded by Para I of this DPOT letter No 3/19/2009 Estt Pay II dated 08 Nov 2010 and we should also get fixed our pay as last drawn pay from defence services . 3. The instructions contained in the DOPT orders cannot be different from one organization to another organization. If It is so then it will be the violation of ART 14 of constitution of India.(right to equality of law) 4. So you are kindly requested to clarify this issue whether we can also be fixed our pay as last drawn from defence services or not please clarified in details. If not what benefits we can get from this DOPT letters dated 08 Nov 2010, we all ex-servicemen retired after 01.012006 and re-employed after 01.01.2006 in Indian Railways We all ex-servicemen will be very thankful to you for giving advice on this subject. Yours faithfully Yesbir Singh All Ex-servicemen
Current Status
:
CASE CLOSED
Your Feedback
:
Good
Date of Action
:
30 Apr 2014
Details
:
it is informed that this Department vide O.M. No.3/1/85-Estt.(Pay II) dated 31st July, 1986, read with O.M. No. 3/13/2008-Estt.(Pay II) dated 11th November, 2008 and O.M. No.3/19/2010-Estt.(Pay II) dated 5th April, 2010, has issued guidelines regarding fixation of pay of re-employed pensioners. Para 4(d) of this Department’s O.M. No.3/19/2009-Estt.(Pay.II) dated 5.4.2010 provides for fixation of pay of persons retiring before attaining the age of superannuation. These Office Memoranda are available on this Department’s website, i.e., http://persmin.nic.inDOPT OMOrder Establishment Pay Rules.
what happened to DEPT OF POSTS I am struggling since last four years in this department for my pay fixation as an ex servicemen but to no avail.Now my dap has given me in written that I am not entitled for pay fixation,no reason given or no rule quoted . I am left with nothing but to go to court for my right as cpmg office delhi circle , sattenpalli ho guntur region in deptt of posts itself has already fixed the pay of ex servicemen in correct way.Several Central govt deptts. like Income Tax, EPFO, Railways has also done these fixation but my dap after giving all examples of these fixation is not agreed.
ReplyDeleteClarification regarding fixation of Pay of re-employed ex-servicemen pensioners retiring before attaining age of 55 years and who hold post below commissioned officer rank in the Defense Forces.
ReplyDeleteDepartment of Personnel & Training
Establishment (Pay-II)
Reference preceding notes
D/o Posts may please refer to their proposal on preceding page seeking clarification regarding fixation of pay of re-employed/ex-servicemen pensioners retiring before attaining the age of 55 years, who held posts below commissioned officer rank in the Defence Forces and also whether the last pay drawn before retirement is subject to protection.
2. The. matter has been examined in this Department. It is pointed out that paras 4(a), 4(b)(i) and 4(d)(i) of DOS (Fixation of Pay of Re-employed Pensioners) Orders, 1986 as amended vide this Department’s OM. No.3/19/2009-Estt.(Pay.ll) dated 5.4.2010, provide that in case of ex-servicemen
who held post below Commissioned Officer rank in the Defence Forces and in the case of civilians who held posts below Group ‘A’ posts at the time of their retirement before 55 years of age, the entire pension and pension equivalent of retirement benefits shall be ignored, that is, no deduction on this count is to be made from the initial pay fixed on re-employment. Also, in terms Of the Para flin) of CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986, as amended vide this Department’s O.M. No.3/19/2009-Estt.(Pay.ll) dated 5.4.2010, the initial pay on re-employment shall be fixed as per the 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(Revised Pay) Rules, 2008. These instructions do not provide for protection of last pay drawn before retirement, in such cases.
3. Deputy Secretary (Pay) has seen.
sd/-
(Pushpender Kumar)
Under Secretary (Pay)
D/o Posts [ADG (Estt.)], Dak Bhawan, New Delhi
DoPT ID Note No. 1101965/2015-Estt.(Pay-II) dated 28th August 2015
Read more: http://www.staffnews.in/2015/09/fixation-of-pay-of-re-employed-ex.html#ixzz3o1b0jjrj
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