Fixation of pay of re-employed pensioners - Treatment of Military service Pay

No. 3/19/2009 Estt. Pay II
Ministry of Personnel, Public Grievances 8 Pensions
Department of Personnel & Training

New Delhi, the 8^th November 2010

Office Memorandum

Subject: Fixation of pay of re-employed pensioners -Treatment of Military service Pay

The undersigned is directed to refer to the orders issued vide OM dated 5.4.2010 on fixation of pay of re-employed pensioners. These orders inter-alia lay down that on re-employment in civilian organizations, Military Service Pay shall not be admissible. However, the benefit of MSP given to all retired Defence Forces officers/personnel by reckoning it at the time of calculation of their pension (notionally in the case of pre-1.1.2006 pensioners) should not be withdrawn. Accordingly, while the pension of such re-employed pensioners will include the element of MSP, they will not be granted MSP while working in civilian organizations.

In the instructions issued by the Ministry of Defence vide their letter No. 1/69/2008/D(Pay/Service) dated 24^th July 2009, Pre-retirement pay has been defined as under:

(i) In respect of re-employment taking place onlor after 1.1.2006 pre-retirement pay for those who retired after 1.1.2006 means the pay in the pay band plus grade pay but inclusive of Non-Practicing Allowance (NPA) if any, last drawn before retirement.

(ii) In case of officers who retired before 1 .I ,2006 and also those who retired after 1.1.2006 in the pre-revised pay scales without opting for the revised pay scales promulgated on or after 1.1.2006 the pay will be basic pay including stagnating increment and Rank pay plus the Dearness pay and Dearness allowance drawn at the time of retirement.

As per these orders, for pre-2006 retirees rank pay is included as a part of pay but for post -2006 retirees, the MSP is not reckoned in the pre-retirement pay for the purposes of pay fixation on re-employment. However, for pension purposes the reckonable emoluments are - basic pay + grade pay + MSP + NPA wherever admissible. Therefore, while MSP is not taken into consideration for the purposes of pay fixation on re-employment, the element of MSP in pension is deducted.

It has been decided in consultation with the Department of Expenditure, that since the element of MSP is not reckoned in the pay fixation on re-employment, it need not be reduced from the pension either. Hence. In respect of all those Defence officers / personnel, whose pension contains an element of MSP, that need not be deducted from the pay fixed on re-employment.

( Mukesh Chaturvedi )
Deputy Secretary

Source: www.persmin.nic.in

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Grant of Grade Pay of Rs.4600 to the post that exists in the pre-revised scale of Rs.6500-10500 as on 01.01.2006

EMPLOYEES' PROVIDENT FUND ORGANISATION
(MINISTRY OF LABOUR & EMPLOYMENT, GOVT.OF INDIA)
Head Office
Bhavishya Nidhi Bhawan
14-BHIKAJI CAMA PLACE, NEW DELHI - 110066
www.efpindia.gov.in : www.epfindia.nic.in

No. HRD/2(3)82/EO-AO/Pt-III/43140

Dated: 19 Oct 2010

To
All Additional Central P.F. Commissioners,
All Regional P.F. Commissioner (I) In-Charge of the Regions,
All Regional P.F. Commissioner (II) In-Charge of the SROs.

Subject: Grant of Pay Structure of Grade Pay of Rs.4600 in PB-2 to the post that exists in the pre-revised scale of Rs.6500-10500 as on 01.01.2006 which were granted the Normal replacement Pay Structure of Grade Pay of Rs.4200 in the PB-2.

Sir,
Please refer to this office letter No. HRD/1(2) 2008/Implementation of 6th CPC/16306 dated 17.03.2010 on the subject mentioned above wherein Grade Pay of Rs.4600/- in place of Rs.4200/- was allowed to the cadre of EO/AO.

In this circular, it was further clarified that as per the H.O. letter NO. HRD/1(a)2003/Pay scales/Pt.II/60951-6500-10500 notionally w.e.f. 1/04/2004 with actual financial effect from 1/9/2007, therefore the financial benefits in accordance with the DoPT circular in the cadre of EO/AO shall be effected w.e.f. 1/09/2007 onwards.

In this regard, it is to state that it has come to the notice of the Head Office that while implementing the above mentioned order of granting Grade Pay of Rs.4600/- to EO/AO, the benefit of pay fixation has also been extended by some regions, either by giving increment or by fixing the basic pay corresponding to pre-revised pay scale of Rs.7450-11500/- by using fitment table. This is totally erroneous and against the spirit of the order.

It is once again clarified that the aforesaid letter permits the grant of only Grade pay of Rs.4600 in place of Rs.4200 and no benefits of pay fixation i.e. grant of any increment of fixation of pay using fitment table corresponding to pre-revised scale of Rs.7450-11500/- are to be given in this regard. If such benefits have been given, then the recovery of the excess amount should immediately be effected and an action taken report be sent to this office by 29th October 2010 positively.

s/d
Yours faithfully

(R.K.Kukreja)
Regional P.F. Commissioner (HRM)

Click here to get original order...

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Fixation of Pay in merged grades for working on ad-hoc basis on ex-cadre posts in Construction Organisations

GOVERNMENT OF INDIA
MINSTRY OF RAILWAYS
RAILWAY BOARD

S.No.PC-VI/225
No. PC-VI/2009/I/RSRP/6

RBE No.133/2010
New Delhi, dated 14.09.2010

The General Managers,
All Indian Railways,
(As per mailing list).

Sub: Fixation of Pay in merged grades for working on ad-hoc basis on ex-cadre posts in Construction Organisations.

      As per Rule (7) of RS(RP) Rules,2008, initial pay of a Railway servant shall be fxed separately (i) in respect of his substantive pay in the permanent post on which the employee holds a lien and (ii) in respect of his pay in the Officiating post held by him.

2.     As per note 5 below Rule 7 of RSRP Rules, 2008, Where a Railway servant is holding a permanent post and is officiating in a higher post on a regular basis and the scales applicable to these two posts are merged into one scale, the pay shall be fixed under this sub-rule with reference to the officiating post only and the pay so fixed shall be treated as substantive pay”.

3.     Clarifications are being sought by the zonal railways regarding fixation of pay of staff working in Construction Organisation on ex-cadre posts on ad-hoc basis in merged grades. The matter has been examined and it is clarified that in the case of staff working in Construction Organisation on ex-cadre posts on ad-hoc basis, their pay in the 6th CPC pay structure is to be fixed separately for cadre post and ex-cadre post as provided in Rule 7(1) of RSRP, 2008. Note 5 below Rule 7 is not applicable in their case.

4.     This issues in consultation with Establishment Directorate and with the concurrence of the Finance Directorate of the Ministry of Railways.

5.     This disposes of CAO (Const. & MTP), Southern Railway’s letter No.P-5241/I/P/CN dated 12.08.2009 and Southern Railway’s letter No.P(R)524 dated 31.0.2009.

(U.K.Tiwari)
Deputy Director Pay Commission-VI
Railway Board.

www.indianrailways.gov.in

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Fixation of pay on promotion after 1.1.2006 option under FR 22(I)(a)1

Fixation of pay on promotion after 1.1.2006 option under FR 22(I)(a)1

The government orders on implementations of revised pay on 6th CPC recommendations have been issued, in that clarification on FR22(I)(a)1 rule released on 13.10.2008 an anomaly pointed out...

For example: An employee who got promotion after 1.1.2006 opts for promotion date as per rule FR22(I)(a)1 (recommended in Vth pay commission) and gets new basic pay after fixation. Now the same employee gets less basic pay as per the rule of FR22(I)(a)1 (recommended in VIth pay commission) as opts for the promotion date. So the difference between the rule of FR22(I)(a)1 in Vth pay commission and VIth pay commission as be seen. But in selection of Increment date no diffrence has come.

Employee - A : when opts Promotion Date...

Pre revised Basic pay as on 1.Jan.2006	4400(4000-100-6000)
Increment Date	Feb & Rs.100
Revised Pay in the pay band & Grade pay as on 1.Jan.2006	8190+2400 (PB-1 5200-20200)
Annual increment added as on 1.Jul.2006	8510+2400
Promoted (4500-125-7000)from Grade pay of 2400 to 2800	1-Dec-2006
Revised pay fixed as on 1-Dec-2006	8510+2800
Annual increment added as on 1.Jul.2007	8840+2800
Promotional increment added as on 1.Jul.2007	9190+2800
Annual increment added as on 1.Jul.2008	9550+2800

Employee - B

Pre revised Basic pay as on 1.Jan.2006	4400(4000-100-6000)
Increment Date	Feb & Rs.100
Revised Pay in the pay band & Grade pay as on 1.Jan.2006	8190+2400 (PB-1 5200-20200)
Annual increment added as on 1.Jul.2006	8510+2400
Promoted (4500-125-7000)from Grade pay of 2400 to 2800	1-Feb-2007
Revised pay fixed as on 1-Feb-2007	8840+2800
Annual increment added as on 1.Jul.2008	9190+2800

Employee - A : when opts Increment Date...

Pre revised Basic pay as on 1.Jan.2006	4400(4000-100-6000)
Increment Date	Feb & Rs.100
Revised Pay in the pay band & Grade pay as on 1.Jan.2006	8190+2400 (PB-1 5200-20200)
Annual increment added as on 1.Jul.2006	8510+2400
Promoted (4500-125-7000)from Grade pay of 2400 to 2800	1-Dec-2006
Revised pay fixed as on 1-Dec-2006	8510+2800
Annual increment added as on 1.Jul.2007	8840+2800
Promotional increment added as on 1.Jul.2007	9190+2800
Annual increment added as on 1.Jul.2008	9550+2800

Employee - B

Pre revised Basic pay as on 1.Jan.2006	4400(4000-100-6000)
Increment Date	Feb & Rs.100
Revised Pay in the pay band & Grade pay as on 1.Jan.2006	8190+2400 (PB-1 5200-20200)
Annual increment added as on 1.Jul.2006	8510+2400
Promoted (4500-125-7000)from Grade pay of 2400 to 2800	1-Feb-2007
Revised pay fixed as on 1-Feb-2007	8510+2800
Annual increment added as on 1.Jul.2007	8840+2800
Promotional increment added as on 1.Jul.2007	9190+2800
Annual increment added as on 1.Jul.2008	9550+2800

More details of fixation: http://90paisa.blogspot.com/2008/11/loss-of-arrears_02.html

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Fixation of initial pay in the revised pay structure

Fixation of initial pay in the revised pay structure:

(1) The initial pay of a Government servant who elects, or is deemed to have elected under sub-rule (3) of rule 6 to be governed by the revised pay structure on and from the 1st day of January, 2006, shall, unless in any case the President by special order otherwise directs, be fixed separately in respect of his substantive pay in the permanent post on which he holds a lien or would have held a lien if it had not been suspended, and in respect of his pay in the officiating post held by him, in the following manner, namely :-
(A) in the case of all employees:-
(i) the pay in the pay band/pay scale will be determined by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10.

( ii) if the minimum of the revised pay band/ pay scale is more than the amount arrived at as per (i) above, the pay shall be fixed at the minimum of the revised pay band/pay scale;

Provided further that:-
Where, in the fixation of pay, the pay of Government servants drawing pay at two or more consecutive stages in an existing scale gets bunched, that is to say, gets fixed in the revised pay structure at the same stage in the pay band, then, for every two stages so bunched, benefit of one increment shall be given so as to avoid bunching of more than two stages in the revised running pay bands. For this purpose, the increment will be calculated on the pay in the pay band. Grade pay would not be taken into account for the purpose of granting increments to alleviate bunching.

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