Government servant whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month.

No. 42/15/2022 -P&PW(D)/2
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi – 110003
Date:- 25th Oct, 2022

OFFICE MEMORANDUM

Subject:- Clarification regarding commutation value for Government servant whose date of birth is the first of a month and who retires on the afternoon of the last day of the preceding month – reg

In accordance with proviso to Fundamental Rule [FR-56(a)], a Government servant whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month.

2. References/ Representations have been received in this Department seeking clarification as to which commutation value is to be taken in cases where a Government servant whose date of birth is first of a month and who retires from service on the afternoon of the last day of the preceding month.

3. In such cases, pension becomes due from the day following the date of retirement. Further, as per Rule 6(1)(i-a) of CCS(Commutation of Pension) Rules, the commutation of pension shall become absolute on the day following the date of retirement. Therefore, the retiring Government servant will be eligible for commutation of pension on the day following the date of his retirement and the commutation value expressed as number of year’s purchase will be age on next birthday.

4. Accordingly, in the case of such Government servants who retire on attaining the age of 60 years, the age next birthday will be 61 years, including in cases where the date of birth is first of a month and the Government servant retires on the afternoon of the last day of the preceding month. Therefore, the commutation value of 61 years (i.e age on next birthday) will be applicable in this case.

(Charanjit Taneja)
Under Secretary

1. All Ministries/ Departments of the Government of India (as per standard distribution list).
2. C&AG of India, UPSC, etc. as per standard endorsement list.

Download Clarification regarding commutation value for Government servant whose date of birth is the first of a month and who retires on the afternoon of the last day of the preceding month PDF

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Ministry of Personnel, Public Grievances & Pensions

All serving employees to get “Disability Compensation” , if they get disabled in the line of duty: Dr Jitendra Singh

Order to provide a huge relief to young Central Armed Police Force (CAPF) personnel

01 JAN 2021 6:12PM

In a significant New Year announcement, Union Minister of State (Independent Charge) Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr. Jitendra Singh today informed of the government decision to extend “Disability Compensation” for all serving employees, if they get disabled in the line of duty while performing their service and are retained in service in spite of such disablement.

Today’s order will particularly provide a huge relief to young Central Armed Police Force (CAPF) personnel like CRPF, BSF, CISF, etc since disability in performance of duties is generally reported in their case due to constraints of job requirement as well as hostile or difficult work – environment.

Pertinent to mention that this new order will remove an anomaly in service rules, considering the hardship faced by the employees, since as per the earlier OM dated 5/5/2009, the provisions of disability benefits under Central Civil Services(CCS) (EOP) Rules did not provide such compensation to those government servants who were appointed on or after 1.1.2004 and covered under National Pension System (NPS). However, with the new order issued by the Department of Pensions in the Ministry of Personnel, the employees covered under NPS will also get benefits under Rule (9) of Extra Ordinary Pension (EOP).

In other words, if a government servant gets disabled while performing his duties and this disablement is attributed to government service, in that case if he is still retained in the service in spite of disablement, a lump sum compensation will be paid to him by arriving at the capitalized value of the disability element, with reference to the Commutation Table in force from time to time.

Expressing his satisfaction on today’s order, Dr. Jitendra Singh said, the Modi Government is making all efforts to simplify the rules and to do away with discriminatory clauses. The ultimate objective of all these new initiatives is to provide ease of living for the Government servants even after they have superannuated and become pensioners or family pensioners or elder citizens, he said.

Grant of disability pension, comprising service element and disability clement to pre-2006 disability pensioners of Govt service

In another employee-friendly decision, the Ministry of Personnel recently did away with minimum qualifying service of 10 years for pension, if a government servant is incapacitated due to bodily or medical infirmity and retired from government service. Accordingly, Rule 38 of CCS (Pension) Rules was amended to provide Invalid Pension at 50% of the last pay, even if the employee had not completed minimum qualifying service of 10 years.

In addition to above, in yet another reform in the Pension Rules, a decision was also taken to amend the rule and provide pension at enhanced rate to the family of an employee who died during service before completing the requisite service of minimum 7 years. As a result, now the family pension of 50% of the last pay is also admissible to the family of employees who die even before completing 7 years of service.

PIB

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F.No.41-03/2020-PAP
Ministry of Communications
Department of Posts
[Establishment Divigion/P.A.P. Section]

Dak Bhawan, Sansad Marg.
New Delhi-110001,
Dated: 20.08. 2020

To
All Head of Circles

Sub: Proposal for allowing bunching benefit to Inspector of Posts Cadre wef 01.01.2006.

Many references in this regard were received from Circles and Service Association. The matter was referred to Ministry of Finance.

2. I am directed to inform you that Ministry of Finance, Department of Expenditure vide their ID) No 03-31/2019-E III (A) dated 17.06.2020 has clarified that “It is stated that this Department’s OM dtd 28.09.7019 ensures the minimum entry pay of those existing government servants Whose revised pay as on 01.01.2006 fixed under Rule 7 of CCS (RP) rules 2008 turns out to be lower than the prescribed entry pay for direct recruits of that post. In other words, the revised pay of inspector of posts cadre as on 01.01.2006 will be fixed under rule 7 of CCS (RP) Rules 2008 i.e. by multiplying the basic pay as on 31.12.2005 in pre-revised scale Rs 5500-9000 with factor 1.86(rounded off to next Rs 10) and thereafter to add the upgraded Grade Pay Rs 4600 and if the resultant figure (i.e. revised pay on Pay band + Grade Pay) is less than the entry pay of inspector of Posts of GP Rs 4600 i.e. Rs 17140, then Inspector of Posts , may be granted the minimum entry pay of Rs 17140 w.e.f 01.01.2006. The bunching benefit on Entry Pay of Rs 17140 as proposed by D/o Posts, is not in order and hence not agreed to.”

(D. K. Tripathi )
Assistant Director General (Estt.)
Phone – 011-23096191
email: adgestt2@indiapost.gov.in

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No.1/7/2017- P&PW (F)
Government of India
Ministry of Personnel Public Grievances and Pensions
Department of Pension and Pensioners Welfare

3nd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003
July 28, 2020

OFFICE MEMORANDUM

Subject: Grant of disability pension, comprising service element and disability clement to pre-2006 disability pensioners, who were boarded out from service, with less than 10 years of qualifying service, due to an injury/ disability, attributable to Govt. service – regarding.

The undersigned is directed to say that, considering the hardship being faced by the disabled Government servants, covered under the provisions of CCS (EOP) Rules, the Government had decided to dispense with the minimum service required for earning service element of disability pension, with effect from 01.01.2006 and orders were issued vide OM No.33/5/2009-P&PW (F). dated 10th December 2010.

Also check: 7th CPC Concordance Table – Revision of pension pre-2016 pensioners/family pensioners

2. A doubt has been raised whether the provision of the aforesaid OM, dated 10.12.2010, would be applicable to the Government servants who were boarded out of service, prior to 01.01.2006, with a qualifying service of less than ten years.
3. The matter has been examined and it is clarified that Central Civil Government servants who were boarded out, prior to 01.01.2006, with a qualifying service of less than ten years and were in receipt of only the disability element of disability pension, would also be eligible for the service element of disability pension, w.e.f. 01.01.2006, in addition to the disability clement.
4. For calculating the disability pension w.e.f. 01.01.2006, the disability pension comprising, both the service element and the disability clement, will be notionally fixed from the date of boarding out and the same will be notionally revised in accordance with the orders tor revision of disability pension. issued from time to time. The actual payment of such revised disability pension would be payable only w.e.f. 01.01.2006, No arrears on account of grant of service element, for the period prior to 01.01.2006, would be admissible. The amount of service gratuity, if any paid, to the Government servant at the time of boarding out would be adjusted from the arrears of pension accruing as a result of these orders.
5. This issues with the concurrence of the Ministry of Finance, Department of Expenditure, vide their ILD. Note No. 1(9)/EV/2019 dated 25/06/2020.
6. In their application to the persons belonging to Indian Audit and Accounts Department, these orders are issued under Article 148(5) of the Constitution and after consultation with the Comptroller and Auditor General of India.
7. The Administrative Divisions of all Ministries / Department & attached / subordinate offices are requested to bring the contents of these instructions to the notice of all concerned for compliance.

(Seema Gupta)
Director

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F.No.11013/9/2014-Estt.A. III
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi
Dated the 5th June, 2020

OFFICE MEMORANDUM

Subject: Counting of the limitation period for the diverse purposes under CCS (CCA) Rules, 1965, CCS (Pension) Rules, 1972

The undersigned is directed to refer to OM of even number dated 30th March, 2020 whereby, considering the unprecedented situation of lockdown w.e.f. 24th March, 2020, the period of lockdown was decided to be excluded from the time-limits prescribed in various Rules/instructions. While in the initial periods of lockdown, the Government offices were directed to work either with skeletal staff or with 1/3rd of its strength, DoPT’s extant instructions provide for attendance of 100% officers of the level of DS & above and 50% below DS on all working days. Ministry of Home Affairs vide its Order dated 30th May, 2020 has also issued instructions for phase-wise reopening of prohibited activities outside the containment zone. In view of this, it has now been decided that the exclusion of lockdown period w.e.f. 24th March, 2020 shall cease to have further effect with the issue of this O.M. Therefore, after exclusion of lockdown period, action as per time-lines provided under various Rules/ instructions may be completed within the period as explained in paras 2 & 3 of O.M. dated 30th March, 2020 referred above.

(Umesh Kumar Bhatia)
Deputy Secretary to the Govt. of India

The undersigned is directed to refer to Central Civil Services (Classification, Control & Appeal) Rules, 1965 [CCS(CCA) Rules, 1965] and Central Civil Services (Pension) Rules, 1972 [CCS(Pension) Rules, 1972] and the instructions issued under these Rules wherein certain timelines have been prescribed for various activities/ events/ procedures relating to procedures under the said Rules, For instance, in the said Rules/instructions, time limits have been prescribed for the following: –

• Review of order of Suspension before its expiry date [Rule 10(6) of CCS(CCA) Rules, 1965]
• Submission of written statement of defence on the charge-sheet by the charged officer ISub Rule 4 in Rule 14 of CCS (CCA) Rules, 1965]
• issuance of charge-sheet once a decision is taken by the Disciplinary Authority to initiate Disciplinary proceedings.{DopTs 0. M. No. 425/04/2012-AVDIV(A) dated 29.11.2012],
• completion of Inquiry and submission of report by the Inquiring Authority [Sub rule (24) in Rule 14 of CCS (CCA) Rules, 1965]
• disciplinary proceedings initiated against a Pensioner shall not be in respect of an event which took place four years before such initiation,{Rule 9 of CCS(Pension) Rules, 1972]
• Acceptance of notice of VRS under Rule 48Aof CCS(Pension) Rules, 1972

(The list is only illustrative and not exhaustive)

2. Consequent upon the outbreak of COVID-19, and considering the unprecedented situation of the Lockdown w.e.f. 24th March 2020, it may not be feasible to adhere to the timelines prescribed in the said Rules and to the instructions issued under the Rules. It has accordingly been decided not to count the period of the Lockdown for the purposes of adherence to the prescribed timelines, including those listed above. For example, if the due date for completing a process/work/event at the start of the Lockdown falls after 20 days, then the due date will get postponed by the number of Lockdown days and the same number (20) of days will be available to complete the work after the Lockdown is lifted.

3. However, after the Lockdown is lifted, if the time left to complete the task is less than 15 days) then the processes may be allowed to be completed within 15 days.

4. In addition, timelines may have been prescribed for receipt of applications for direct recruitment, deputation, etc. Where the last date of receipt of application for direct recruitment, deputation etc. falls within the period of the Lockdown, the last date shall be extended by the number of days of the Lockdown. Similarly, the time limits prescribed in the CCS (Conduct) Rules, 1964, for various purposes shall also be extended by the number of days of the Lockdown.

5. These instructions are applicable only in such cases where there is an intervening Lockdown period and it will not be applicable otherwise.

Source: DoPT

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New Delhi, the 12th February, 2019

OFFICE MEMORANDUM

Sub :- Grant of Invalid Pension under Rule 38 of the Central Civil Services (Pension) Rules, 1972 – Clarification regarding

The undersigned is directed to say that Rule 38 and Rule 49 of the Central Civil Services (Pension) Rules, 1972 have been amended vide Notification No. 21/1/2016-P&PW(F) dated 4th January, 2019 (copy enclosed). The proviso to the amended Rule 38 of the CCS(Pension) Rules provides that a Government servant_ who retires from service on account of any bodily or mental infirmity which permanently incapacitates him for the service before completing qualifying service of ten years, may also be granted invalid pension in accordance with sub-rule (2) of rule 49, subject to the conditions that the Government servant:

• (a) was examined by the appropriate medical authority either before his appointment or after his appointment to the service or post and was declared fit by that authority for Government sell/ice, and
• (b) fulfils all other conditions mentioned in this rule for grant of invalid pension.

In this connection, it is clarified that the condition of qualifying service of ten years for grant of pension under Rule 49(2) of the CCS (Pension) Rules, 1972 shall not be applicable in the case of a Government servant retiring on Invalid Pension on account of any bodily or mental infirmity, under Rule -A. Accordingly, Invalid Pension at the rate of 50% of emoluments or average emoluments, whichever is more beneficial, subject to a minimum of nine thousand rupees per mensem and maximum of one lakh twenty five thousand rupees per mensem, shall be payable to a Government servant who retires under Rule 38 of CCS (Pension) Rules, 1972 even before completing a qualifying service of ten years.

All Ministries/Departments are requested that the above clarification ma) be brought to the notice of Fiends of Department, Attached and Subordinate Offices, Controllers of Accounts. Pay & Accounts Offices. etc, under them.

Hindi version will follow,

(Harjit Singh)
Director

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