No. 38/37/16-P&PW(A)
Government of India
Ministry of Personnel Public Grievances and Pensions
Department of Pension and Pensioners Welfare

Lok Nayak Bhawan, Khan Market,
New Delhi – 110003,
Dated 22.06.2020

OFFICE MEMORANDUM

Sub : Regulation of pension and other retirement benefits of Government servants who were on Extraordinary leave/ unauthorized absence/ suspension as on 1.1.2016 and retired/ died thereafter without joining duty.

The undersigned is directed to say that in accordance with Rule 33 of the CCS (Pension) Rules, for calculation of pension, the expression ’emoluments’ means basic pay as defined in Rule 9(21) (a) (i) of the Fundamental Rules which a Government servant was receiving immediately before his retirement or on the date of his death. In accordance with Note 3 under this rule, if a Government servant immediately before his retirement or death while in service had been absent from duty on extraordinary leave or had been under suspension, the period whereof does not count as service, the emoluments which he drew immediately before proceeding on such leave or being placed under suspension shall be the emoluments for the purpose of this rule.

2. Doubts have been raised in regard to the manner in which the pension and other retirement benefits of Government servants, who were on extraordinary leave/ unauthorized absence/ suspension as on 1.1.2016 and retired/ died thereafter without joining duty, would be regulated. The matter has been examined in consultation with the Ministry of Finance (Department of Expenditure) and the following clarifications are issued:

3. These orders issue with the concurrence of Ministry of Finance (Department of Expenditure) vide their U.O. No. 1(23)/ EV/2019 dated 05.02.2020.

4. In their application to the employees of Indian Audit and Accounts Department, the orders are issued under Article 148(5), of the Constitution With the concurrence of the Comptroller and Auditor General of India.

(R. C. Sethi)
Under Secretary to the Government of India

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7th CPC Sports Incentive

No. 6/1/2017-Estt (Pay-I)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North Block, New Delhi
Dated the 11th June, 2018

OFFICE MEMORANDUM

Subject: Grant of special increment in the form of personal pay to Central Government Servants for participation in sporting events and tournaments of National or International importance, in the 7th CPC Scenario- reg.

Subsequent to the implementation of the recommendations of the 7th CPC and issuance of CCS(RP) Rules 2016, the system of running Pay Bands and Grade Pays have been replaced by pay matrix. Accordingly, in partial modification of this Department’s OM No. 6/1/2013-Estt.(Pay-I) dated 19.09.2013, the President is pleased to revise the rates of special increment granted in the form of personal pay to Central Government Servants, for participation in sporting events and tournaments of National or International importance, as indicated in Column 5 of Annexure to this Office Memorandum.

2. The revised rates and these guidelines will be effective from 01.07.2017.

3. In respect of the Government Servants who are already getting the special increments as Personal Pay in accordance with this Department’s OM dated 19.09.2013, the rates for them have also been revised as per Column 5 of the Annexure to this Office Memorandum. The rate of revised Personal Pay to these Government servants is to be granted based on the Grade Pay attached to the post in which they were placed at the time of participating in the sporting event for which they are getting special increment as Personal Pay.

3.1. Illustration: (a):
Grade Pay at the time of participating in sporting event : Rs.2000/-
Personal Pay granted on the basis of OM dated 19.09.2013 : Rs.710/-
Revised Personal Pay w.e.f. 01.07.2017 : Rs.480/-

3.2. Illustration: (b):
Grade Pay at the time of participating in sporting event : Rs.4200/-
Personal Pay granted on the basis of OM dated 19.09.2013 : Rs.400/-
Revised Personal Pay w.e.f. 01.07.2017 : Rs.900/-

4. The Central Government servants who become eligible for grant of special increment in the form of personal pay on or after 01.07.2017, shall be entitled to the Personal Pay prescribed in Column (5) of the Annexure to this OM, corresponding to the level of the post in the Pay Matrix [indicated in Column (4)], in which the Government Servant is placed at the time of participating in the sporting event.
4.1. Illustration:
Level of the post in the Pay Matrix in which the Government Servant is placed at the time of participating in sporting event : Level 7
Amount corresponding to Level 7 in Column (5) of the Annexure to this OM : Rs.1020/-

5. This Personal Pay shall not count for any service matters like pay fixation on promotion, retirement benefits or any other allowances like HRA etc.

6. The entitled Central Government servant should claim the benefits within six months from the date of completion of the overall sporting event.

7. All the other terms and conditions governing the subject matter shall remain unchanged and will continue to apply.

8. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued with the concurrence of the Comptroller and Auditor General of India.

9. Hindi version will follow.

(A.K. Jain)
Deputy Secretary to the Government of India

Annexure

Revised Rates of Personal Pay for participating in sporting events of National/International importance , in the 7th CPC Scenario.

Source: https://dopt.gov.in/

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Shiva Gopal Mishra
Secretary

No.NC-JCM-2014/MACP

The Secretary,
Department of Personnel & Training,
North Block, New Delhi

Sub:- Financial upgradation in the next promotional grade Hierarchy under MACP

Ref:- Your letter No. P-l3025/11/2014-AT dated 4.4.2014
Your letter No. P-26012/5/2011-AT dated 19.8.2013
[See also: Grant of MACP on Promotional Hierarchy only to petitioner on personal basis not the treated as a precedent ]

Dear Sir,

You have granted financial upgradation to Shri Rajpal in the Promotional hierarchy under MACP in compliance of direction of Hon’ble Central Administrative Tribunal Chandigarh Bench dated 31.5.2011 in O.A. No. 1038/CH/2010 Rajpal Vs UOI & Others.

You have treated it as a judgment in personum and not a judgment in rem so far as other employees covered under MACP are concerned.

Your plea is that SLP No. 7967/2013 filed by the Department / Government against the judgment of Hon’ble High Court Chandigarh in C W P No.l938/2011 was discussed on technical grounds and not on merit in this case. The ground was insufficient explanation given to condone the delay in refilling the SLP.

In this connection I may bring to your kind notice that Supreme Court in catina of cases (i. e. G.C. Ghosh Vs UoI [(1992) 19 ATC 94 SC] dated 20.7.98) has ruled that decision taken in one specific case either by the judiciary or the Government should be applied to all identical cases (i.e similarly circumstanced) without forcing other employees to approach the Court of law for identical remedy or relief.

Since whether MACP should be granted to next promotional hierarchy or next grade pay hierarchy is a common issue applicable to all Government employees the decision in the case of Rajpal should be made applicable to all Government employees who are granted financial upgradation under MACP.

Since you have already granted MACP in next promotional hierarchy to Rajpal it has been absolute and has to be implemented in the case of all Government employees who are similarly placed under MACP.

I, therefore, request you to reconsider and suitably modify the MACP Scheme providing for financial upgradation in the promotional hierarchy.

Thanking you,

Copy to Shri Sadhu Singh, Member, National Council (Staff Side) – JCM Organizing Secretary / BPMS with reference to their letter No. BPMS/MACPS/ 64 (7/3/M) dated 5.5.2014 (received by mail)

Source: http://bpms.org.in/documents/macp-5wt6.pdf

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