3rd Floor, Lok Nayak Bhawan,

Khan Market, North Block, New Delhi,

dated the 26.11.2012

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]

Whether the Government has issued any order to extend the benefit of GPF-cum- Pension Scheme to the officials of some Universities/Inter-University Centres..?

The below information was given by the Minister of Human Resource Development Shri.E.Ahamed as written answer for the question raised in the Parliament is given below…

The Central Government has extended GPF-cum-Pension scheme (for officers/staff) to six Inter University Centres (IUCs) who have joined prior to 1.1.2004 and had opted for the same.

The six IUCs are

(i) Inter University Consortium for Department of Atomic Energy Facility(IUC-DAEF);

(ii) Inter University Consortium for Astronomy and Astrophysics(IUCAA);

(iii) Nuclear Science Centre(NSC);

(iv) Consortium for Educational Communication (CEC);

(v) National Assessment and Accreditation Council (NAAC) and

(vi) Information and Library Network Centre (INFLIBNET). The expenditure on this GPF-cum-Pension Scheme shall be borne by UGC from its own funds.

The Central Government has approved introduction of New Pension Scheme to all regular employees joining Navodaya Vidyalaya Samiti (NVS) and also given option to other regular employees of NVS either to join the New Pension Scheme or to continue with the existing scheme. This scheme has been introduced with effect from 1.4.2009. However, employees who joined the NVS before the date have not accepted the scheme and have represented for coverage under CCP (Pension) Rules, 1978, but this could not be acceded to.