Re-Employment Ex-Servicemen Archives - CENTRAL GOVERNMENT EMPLOYEES NEWS

Finmin Orders: Fixation of salary in Public Sector Banks to re-employed ex-servicemen

admin — Mon, 23 Sep 2013 13:03:16 +0000

Finmin Orders : Fixation of salary in Public Sector Banks to re-employed ex-servicemen

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF FINANCIAL SERVICES
JEEVAN DEEP
10, PARLIAMENT STREET.,
NEW DELHI-110 001

F. No.4/1/2012-SCT (B)

Dear,
Please refer to your D.O. No 12(35)1211/D(Res-I) dated 24/04/2012 regarding grievances of ex-servicemen re-employed in Public Sector Banks for fixation of their salary in banks.

2. In this connection, I would like to mention that the Department of Financial Services had circulated instructions/directions/Circulars such as of the DoP&T’s earlier OM No. 3/19/2009-Estt.Pay II dated 8.11.2010 as well as the Ministry of Defence (MOD)’S letter No.1(4)/2007/D(Pen/Policy) dated 09.02.2011 to all Public Sector Banks(PSBs)/Financial Institutions (FIs) and Insurance Companies (ICs) for compliance.

3. The Indian Banks’ Association (IBA) sought clarification from DFS on re-fixation of pay to ex-servicemen re-employed in their Public Sector Banks on or alter 01.01.2006. Based on DoP&Ts O.M. dated 8.11.2010, it was pointed by this Department vide its letter No. 4/1/2010-SCT (B) dated 23.03.2012 that Ex-servicemen re-employed in banks who retired on/or after 01.01.2006 are eligible to pay fixation in banks based on the pay drawn by them at the time of discharge from the Defence Services which would include band pay plus grade pay but it does not include MSP. As it created confusion among banks over uniform implementation of the DoP&T’s Office Memorandum dated 08.11.2010 the circulars war treated as withdrawn.

4. It has therefore been reiterated that DoP&T’s above instructions may be followed in letter and sprit.

With regards,

Yours faithfully,
sd/-
(L.K. Meena)

Source: media.dgrindia.com

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Non payment of Dearness Relief on Disability Element While on Re-Employment

admin — Thu, 25 Apr 2013 02:08:38 +0000

Non payment of Dearness Relief on Disability Element While on Re-Employment

Department of Principal Controller of Defence Accounts (Pensions) has published the order regarding the subject of ‘Non payment of Dearness Relief on Disability Element While on Re-Employment’.

Principal Controller of Defence Accounts (Pensions)

Draupadi Ghat, Allahabad – 211014

Circular No. 166

No. AT/Tech/263- XVI

O/o the Pr. C.D.A. (P), Allahahad

Date: 07.03.2013

Sub: – Non payment of Dearness Relief on Disability Element While on Re Employment.

The payment of dearness relief during re-employment / employment / permanently absorption of pensioners / family pensioners under the Central or State Government or in a Statutory Corporation / Company / Body / Bank under them in India or abroad is not being regulated correctly by various Pension Disbursing Authorities. Where some Pension Disbursing Authorities are disallowing dearness relief to re-employed pensioner of commissioned officer on disability element, others are allowing in few cases.

Similar irregularities have been noticed in case of pensioners of PBOR. The instances of not allowing dearness relief to family pensioners during their employment are also drawing attention of this office/Ministry from time to time. The position on the subject is though clearly stipulated in Ministry of Personnel, Public Grievances & Pensions. Deptt of P&PW letter No. 45/73/97-P&PW(G) dt. 2nd July, 1999 and Ministry of Defence letter No. 79(1 )/95/D (Pen/Services) dated 2th August 2000 and Deptt of P&PW UO No. 41/42/2007-P&PW(G) dt. 3-4-2008. However, position is re-clarified as under for uniform implementation of above orders.

(a) In case of re-employed pensioners who hold Group ‘A’ post or posts of the ranks of commissioned officers at the time of their re-employment will not he entitled to any dearness relief on pension on the fact that:

(i) A certain portion of pension is taken into account and is not entirely ignored.

(ii) The pay in the post of re-employment is not required to he fixed at the minimum of the scale in all cases, and

(iii) Dearness allowance at the rates applicable from time to time is also admissible on the pay fixed on re-employment.

(b)

(i) The entire pension admissible is to be ignored in the case of civilian pensioner who held posts below Group ‘A’ and those ex-servicemen who held posts below the ranks of commissioned officers, at the time of their retirement. Their pay on re-employment is to be fixed at the minimum of the pay scale of the post in which they are re-employed. Such civilian pensioners will consequently be entitled to dearness relief on their pension at the rates applicable from time to time.

(ii) The ex-servicemen (PBOR) who retired before attaining the age of 55 years and re-employed thereafter and their pay fixed at a higher stage because of advance increments and no protection of the last pay drawn is being given, the pay should he treated as fixed at a minimum only for the purpose of ignoring the entire pension and allowing dearness relief on pension.

(c) The disability element is part of disability pension. therefore position explained at a & h above will also apply for regulating dearness relief on disability element during re-employment of pensioner drawing disability

pension.

(d) The family pension received by the eligible central Govt. employees/Armed Forces pensioners is, in any case, not taken into account in determining their pay on employment therefore, dearness relief at the rates applicable from time to time shall he admissible on their family pension.

Incorrect payment of pension is not only infringement of Govt. orders but also cause of concern to pensioners. It is, therefore, requested o instruct Pension Paying Branches / CPPC / Offices / Treasuries under your jurisdictions to regulate the payment of dearness relief on pension /family pension on re-employment / employment / permanently absorption of pensioners/family pensioners as explained above.

sd/-

(P.N. CHOPRA)

Asst.CDA (P)

Source: www.pcdapension.nic.in

[http://pcdapension.nic.in/6cpc/Circular-166.pdf]

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Refusal of Pension benefits to EX-Servicemen

admin — Wed, 05 Dec 2012 13:37:31 +0000

Refusal of Pension benefits to EX-Servicemen

Ex-Servicemen with service less than 15 years are not entitled to pension, as it is a mandatory requirement for a Personnel Below Officer Rank to render 15 years and for Commissioned Officers 20 years qualifying service to earn pension. Minimum qualifying service is an essential criterion for pension in the Government.

The Short Service Commissioned Officers who are not pensioners are eligible for certain schemes of DGR like Training, Security Agencies and other self-employment schemes. Ex Defence personnel with more than 5 years of service are entitled to CSD canteen facilities available in units / establishment apart from being employed as Security Guards. Some grants out of RakshaMantri Discretionary Funds are also provided to non-pensioners upto the rank ofHavaldar.

This information was given by Minister of State for Defence Shri Jitendra Singh in a written reply to DR. Mahendrasinh P. Chauhanin Lok Sabha today.

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Amendments in Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 2012.

admin — Sat, 06 Oct 2012 12:11:22 +0000

Amendments in Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 2012.

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub section (i)]

Government of India

Ministry of Personnel, Public Grievances and Pensions

NOTIFICATION

New Delhi, dated the 4th October , 2012

G.S.R. – 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 Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979, namely:-

1. (1) These rules may be called the Ex-servicemen (Re-employment in Central Civil Services and Posts) Amendment Rules, 2012.

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

2. In the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979

(I) in rule 2, for clause (c), the following clause shall be substituted, namely:-

(i) who ‘has served in any rank whether as a combatant or non- combatant in the Regular Army, Navy and Air Force of the Indian Union, and

(a) who either has been retired or relieved or discharged from such service whether at his own request or being relieved by the employer after earning his or her pension; or

(b) who has been relieved from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or

(ii) who has been released from such service after completing the specific period of engagement, otherwise than at his own request, or by way of dismissal, or discharge on account of misconduct or

inefficiency and has been given a gratuity; and includes personnel of the Territorial Army, namely, pension holders for continuous embodied service or broken spells of qualifying service;

(iii) personnel of the Army Postal Service who are part of Regular Army and retired from the Army Postal Service without reversion to their parent service with pension, or are released from the Army

Postal service on medical grounds attributable to or aggravated by military service or circumstance beyond their control and awarded medical or other disability pension;

(iv) Personnel, who were on deputation in Army Postal Service for more than six months prior to the 14th April, 1987;

(v) Gallantry award winners of the Armed forces including personnel of Territorial Army;

(vi) Ex-recruits boarded out or relieved on medical ground and granted medical disability pension.

(2) for rule 3, the following rule shall be substituted, namely:-

“3. Application – These rules shall apply to all the Central Civil Services and Posts and the posts upto the level of Assistant Commandant in all paramilitary forces.”

(3) in rule 4,-

(a) for sub-rule(I), the following sub-rule shall be substituted, namely:-

“(i) Reservation of vacancies: — Ten per cent of the vacancies in the posts upto of the level of the Assistant Commandant in all para-military forces, ten per cent of the vacancies in Group ‘C’ posts; and twenty per cent of the vacancies in Group ‘D’ posts, including permanent vacancies filled initially on a temporary basis and temporary vacancies which are likely to be made permanent or are likely to continue for three months and more, to be filled by direct recruitment in any year shall be reserved for being filled by ex- servicemen.”

(b) for sub-rule(2), the following sub-rule shall be substituted, namely:-

“(2) The Scheduled Castes, the Scheduled Tribes and the Other Backward Class candidates selected against the vacancies reserved for ex-servicemen shall be adjusted against vacancies reserved for

Scheduled Castes, Scheduled Tribes and Other Backward Classes, respectively:

Provided that if a the Scheduled Caste or the Scheduled Tribe or the Other Backward Class ex-servicemen is selected against the vacancy reserved for ex-servicemen and vacancy reserved for theScheduled Castes or the Scheduled Tribes or the Other Backward Classes, as the case may be, is not available to adjust such ex- serviceman, he shall be adjusted in future against the next available

vacancy reserved for the Scheduled Castes or the Scheduled Tribes or the Other Backward Classes, as the case may be.”

namely:-

“Provided that in case of recruitment to the vacancy reserved for Ex-servicemen in the Central Para Military Forces, the reserved vacancy remained unfilled due to non-availability of eligible or qualified candidates, the same shall be filled by candidates from non-ex-servicemen category”.

(4) for rule 5, the following rule shall be substituted, namely:-

“(5) (a) For appointment to vacancies in Group B(Non-Gazetted),

Group C or Group D posts in Central Government, an ex- serviceman shall be allowed to deduct the period of actual military service from his actual age and if the resultant age does not exceed the maximum age fimit prescribed for the post for which he is seeking appointment by more than three years, he shall be deemed to satisfy the condition regarding age limit.

(b) For appointment to any vacancy in Group A and Group B services -or posts filled by direct recruitment otherwise than on the results of an Open All India Competitive Examination, the upper age limit shall be relaxed by the length of military service increased by three years in the case of ex- servicemen and commissioned officers including Emergency Commissioned Officers or Short Service Commissioned Officers.

(c) For appointment to any vacancy in Group A and Group B services or posts filled by direct recruitment on the results of an All India Competitive Examination, the ex- servicemen and Commissioned Officers including Emergency commissioned Officers or Short Service Commissioned Officers who have rendered atleast five years military services and have been released -,

(i ) on completion of assignment (including those whose assignment is due to be completed within one year) otherwise than by way of dismissal or discharge on account of misconduct or inefficiency; or

(ii) on account of physical disability attributable to military service or on invalidment, shall be allowed maximum relaxation of five years in the upper age limit.

[File No.36034/(I/06-Estt(SCT)]

(Manoj Joshi)

Joint Secretary to the Government of India

Note:- The principal rules were published in the Gazette of India, Extraordinary, Part II, Section3, Sub- section (i), vide number G.S.R 1530, dated the 15th December, 1979 and subsequently amended by G.S.R. 973 dated 27th October, 1986, and was last amended by notification No. G.S.R. 333(E), dated 27th March, 1986.

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