Pensionary and GPF benefits to the staffs of Non-Statutory Departmental Canteens Staffs

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Pensionary and GPF benefits to the staffs of Non-Statutory Departmental Canteens Staffs

No.12/4/97-Dir (C) (Vol.II)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

3rd Floor, Lok Nayak Bhawan,

Khan Market, North Block, New Delhi,

dated the 26.11.2012

OFFICE MEMORANDUM

Subject: Implementation of the Order dated 30.4.12 passed by the Hon’ble Delhi High Court in W.P. (Civil) No.5695/2000 – Pensionary benefits to the employees of Non-Statutory Departmental Canteens – Regarding.

The undersigned is directed to refer to this Department’s Office Memoranda Nos.12/3/92-Dir (C), dated 16.11.92 and 16.12.93 (copies enclosed) which provided for Pensionary and GPF benefits admissible to the Non-Statutory Departmental Canteen employees. These provisions had been against by a section of canteen employees. The Hon’ble CAT, Principal Bench, New Delhi in two such petitions bearing Nos.572/96 and 2136/98 have ordered on 3.12.99 and 13.1.2000 respectively as under :-

i) “……….The respondents are, therefore directed to grant the benefits of the entire past service prior to the Applicants having been declared as Government Servants for counting towards pensionary benefits”

ii) “………Respondents are directed to take a decision in terms of the decision given by the Tribunal in O.A. No.572/96 i.e.to take into account the entire past service of the applicants for purpose of counting towards pensionary benefits”.

2. However, Government decided to file an appeal against the said orders of the CAT before Hon’ble High Court. Accordingly, an appeal was filed vide W.P. No.5695/2000 against of the CAT. Pending disposal of W.P.No.5695/2000 in the Delhi High Court, it was decided to implement the CAT’s Order dated 3.12.99 vide OM No.12/9/2000-Dir (C), dated 8.11.2000. Now, W.P. (C) No.5695/2000 has been dismissed by the Hon’ble High Court vide their order dated 30.04.2012 for devoid of merits.

3. The matter has been accordingly considered by the Government and it has been decided that the entire past service rendered on regular basis by the non-statutory canteen employees will be reckoned as “Qualifying Service” for the purpose of calculation of pension in accordance with the relevant provisions contained in CCS (Pension) Rules, 1972 and related orders. This admissibility will be subject to the refund of the entire amount received as employers’ contribution to the EPF, if any, including interest received by them alongwith interest at the rate applicable to GPF accumulation from time to time as prescribed in Department of Pension and Pensioners Welfare’s OM No.38/34/2001-p&PW (F), dated 29/4/2002 (copy enclosed). The interest will be calculated for the period from the date of receipt of employers’ share of EPF contribution by the employee to the date of refund to the Government.

4. In view of the above, the provisions contained in this Department’s Office Memoranda bearing No.12/3/92-Dir (C), dated 16/11/92, 16/12/93 and 8/11/2000 shall stand modified to the extent of the provisions specified herein above.

5. The Ministries/Departments are requested to issue instructions to their attached/subordinate offices to take immediate necessary action to settle the cases of the employees afresh who retired/died in harness on or after 1/10/91.

6. This issues with the approval of Ministry of Finance, Department of Expenditure U.O. Note No.1(17)/E.V/2000, dated 7/11/2012 and Ministry of Home Affairs, Home (Finance) Dy. No.CF 147351/AFA (F-1), dated 8/11/2012.

7. Hindi version of this will follow.

sd/-

(Pratima Tyagi)

Director (Canteens)

Source: www.persmin.nic.in

[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/Canteen_261112.pdf]

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Amendment to GPF (Central Service) Rules 1960 – Notification

admin — Wed, 03 Oct 2012 15:57:18 +0000

Amendment to GPF (Central Service) Rules 1960 – Notification issued by Department of Pension and Pensioners Welfare…

TO BE PUBLISHED IN THE GAZETTE OF INDIA, PART II,

SECTION 3 SUB-SECTION (II)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Pension and Pensioners Welfare

NOTIFICATION

New Delhi, the 25/1/2012.

S.O In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the General Provident Fund (Central Services) Rules. 1960. namely:-

1. (1) These rules may be called the General Provident Fund (Central Services) Amendment Rules. 2012.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the General Provident Fund (Central Services) Rules, 1960, in the Fifth Schedule, in paragraph 2, before the proviso, for the existing entries, the following entries shall be substituted, namely:-

“In respect of Group’ A’ Officers (except Scientist-in-charge himself or herself), Groups ‘B’ and ‘C’ staff of the Botanical Survey of India and Zoological Survey of India, the advance under sub-rule (2) of rule 12 may De sanctioned by the following officers, namely:-

Botanical Survey of India :
1. Scientist-in-charge (of the level of ‘D’ and above). Eastern Regional Centre, Shillong.
2. Scientist-in-charge (of the level of ‘D’ and above), Northern Regional Centre, Dehradun.
3. Scientist-in-charge (of the level of ‘D’ and above), Southern Regional Circle, Coimbatore.
4. Scientist-in-charge (of the level of’ ‘D’ and above), Central Regional Circle, Allahabad.
5. Scientist-in-charge (of the Level of ‘D’ and above), Sikkim Himalayan Regional Circle, Gangtok.
6. Scientist-in-charge (of the level of ‘D’ and above), Andaman and Nicobar Regional Circle, Port Blair.
7. Scientist-in-charge (of the level of ‘D’ and above), Western Regional Circle, Pune.
8 Scientist-in-charge (of the level of ‘D’ and above), Arid Zone Regional Circle, Jodhpur.
9. Scientist-in-charge (of the level of ‘D’ and above), Arunachal Pradesh Regional Circle, ltanagar.
10 Scientist-in-chge (of the level of ‘D’ and above), Deccan Regional Circle, Hyderabad.
11 Scientist-in-charge (of the level of ‘D’ and above), Botanic Garden of the Indian Republic, NOIDA.
12. Scientist-in-charge (of the level of ‘D’ and above), Acharya Jagadish Chandra Bose Indian Botanic Garden, Howrah.
13. Scientist-in-charge (of the leve of ‘D’ and above). Central National Herbarium, Howrah.
14 Scientist-in-charge (of the level of ‘D’ and above), Central Botanical Laboratory, Howrah.
15. Scientist-in-charge (of the level of ‘D’ and above) Industrial Section Indian Museum, Kolkata.
16. Scientist-in-charge (of the level of ‘D’ and above). Headquarter, Kolkata.

Zoological Survey of India :-
1. Scientist-in-charge (of the level of ‘D’ and above), Northern Regional Station, Dehradun.
2. Scientist-in-charge (of the level of ‘D’ and above), Southern Regional Station, Madras.
3. Scientist-in-charge (of the level of ‘D’ and above), Eastern Regional Station, Shillong.
4. Scientist-in-charge (of the level of ‘D’ and above), Gangetic Plains Regional Station, Patna.
5. Scientist-in-charge (of the level of ‘D’ and above), Western Regional Station, Pune.
6. Scientist-in-charge (of the level of ‘D’ and above), Desert Regional Station, Jodhpur.
7. Scientist-in-charge (of the level of ‘D’ and above), Central Regional Station, Jabalpur.
8. Scientist-in-charge (of the level of ‘D’ and above), Marine Biological Station, Madras.
9. Scientist-in-charge (of the level of ‘D’ and above), High Altitude Field Station, Solan.
10. Scientist-in-charge (of the lever of ‘D’ and above), Andaman and Niccibar Regional Station, Port Blair.
11. Scientist-in-charge (of the level of ‘D’ and above), Fresh Water Biological Regional Station, Hyderabad.
12. Scientist-in-charge (of the level of ‘D’ and above) Western Ghats Field Research Station, Kozhikode.
13. Scientist-in-charge (of the level of ‘D’ and above), Estuarine Biological Station, Berhampur.
14. Scientist-in-charge (of the level of ‘D’ and above), Arunachel Pradesh Regional Centre, Itanagar.
15. Scientist-in-charge (of the level of ‘D’ and above), Marine Aquariurm-cum-Regional Centre, Digha.
16. Scientist-in-charge (of the level of ‘D’ and above), Sundarban Regional Centre, Canning.”
(No.13/1/2010-P&PW(F))

sd/-

(TRIPTI P GHOSH)

Director (PP)

Foot note”-
The General Provident Fund (Central Services) Rules, 1960, were published vide S.O No.3000 dated 1.12.1960. The Fourth re-print of the Rules (corrected up to 29.2 1988) have since been published in diglot form. The rules were subsequently amended vide Notifications mentioned below-:-
1. S.O. No.2002 dated 2.9.1989
2. S.O. No.710 dated 4.3.1990
3. S.O. No.3006 dated 17.11.1990
4. S.O. No.3272 dated 8.12.1990
5. S.O. No 146 dated 20.3.1993
6. S.O. No.377 dated 10.2.1996
7. S.O. No.379 dated 10,2.1996
8. S.O. No.3228 dated 23.11.1996
9. S.O. No.826 dated 25.4.1998
10. S.O. No.2500 dated 5.12 1998
11. S.O. No.2690 dated 16.9.2003
12. S.O. No.1485(E) dated 30.12.2003
13. S.O. No.3682 dated 15.10.2005
14. S.O. No.1529 dated 6.6.2009
15. S.O. No.2689 dated 03.10.2010

Source: www.pensionersportal.gov.in

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GPF (CS) Rules 1960 Archives - CENTRAL GOVERNMENT EMPLOYEES NEWS

Pensionary and GPF benefits to the staffs of Non-Statutory Departmental Canteens Staffs

Amendment to GPF (Central Service) Rules 1960 – Notification