CDA – Admissibility of Annual increment to re-employed pensioners appointed in Armed Forces Tribunal on a contract basis

Armed Forces Tribunal

DEFENCE ACCOUNTS DEPARTMENT (DAD) HEADQUARTERS
Ulan Batar Road, Palam, Delhi Cantt.- 110010

File No. AT/Pay Civ/2702/Clar-V/E-3533

Dated: 25th, Jun 2022

To,

The CDA, Chennai

Subject: Admissibility of Annual increment to re-employed pensioners appointed in Armed Forces Tribunal on contract basis.

Reference: Your office’s letter No. Pay/Tech/ 6050/Gen/AI/2022 dated 21 Apr 2022.

The matter referred to this HQrs office vide your office’s above cited letter on the above subject has been examined in the light of extant orders on the subject. It is observed that the MoF OM No 3-25/2020/ E.IIIA dated 09-12-2020 is self-explanatory in the matter. MoF OM ibid clearly states that the existing instructions of DOPT, as mentioned in para 2 of it, provide for the regulation of pay in case of re-employment barring persons employed on a contract basis except where the contract provides otherwise.

2. MoF vide the ibid OM dated 09-12-2020 has laid down the rules for the regulation of remuneration for contract appointment 1] formulation of guidelines by DOPT. Since, the MoF OM dated 09-12-2020 and rules made thereunder are the latest in chronology and amply clear in respect of the regulation of remuneration of the retired Central Government employees who have been appointed on a contract basis, including consultants, these rules have the over-riding effect on the instructions issued prior to these. Therefore, the OM dated 09-12-2020 should be adhered to in letter and spirit. Any relaxation of/deviation from the rules will require to be referred to the Department of Expenditure in terms of para 10 of the OM ibid.

3. In view, for all contractual employment for retired employees, MoF (DoE) OM No F No 3-95/2020/E.IIIA Dated 9th December 2020 is applicable, which does not provide for annual increment (Para 6) as well as HRA. As such, regarding the issue of doubt on annual increment, as raised vide your office’s letter dated 21-04-2022, it is clarified that no ‘annual increment’ is to be given to any contractual worker. Further, all other allowances are to be also regulated according, to other provisions of MoF (DoE) OM Dated 09-12-2020.

4. Moreover, it is not understood as to though on one hand your office has raised doubt and referred the case to HQrs office for clarification, on the other hand the annual increment to contractual employees has been admitted by your office. As such, the authority on which the increment has been allowed to the contractual employees may be intimated to this HOrs office.

This issues with the approval of Addl. CGDA (Pay & Allow.)

Accounts Officer
(Pay & Allowances)