Disclaimer

There are about 22 lakhs exservicemen in the country. They are the most valuable human resources that the country can make use of. The objective of this blog is to provide a medium for exchanging views & educating the veterans of the Armed Forces by disseminating important information. This Blog has been conceived by a team comprising of Veteran Prabhjot Singh Chhatwal PLS Retd., Veteran BS Sohi(Both IAF), Veteran S.C. Sharma(Navy) & Veteran Malkiat Singh(Army). The postings in this Blog are only the personal opinion and do not necessarily reflect the views of the “Ex Soldiers, Sailors and Airmen Association” blog team. These are expressed in good faith for the general welfare of the veterans of the Indian Armed Forces. The contents of this blog are neither for business nor for any commercial gains. Neither the “Ex Soldiers, Sailors and Airmen Association” blog team nor the individual authors of any material on this blog accept responsibility for any loss or damage however caused (including through negligence), which you may directly or indirectly suffer arising out of your use or reliance on information contained on or accessed through this blog. All views and opinions presented are solely those of the surfer veterans and do not necessarily represent those of “Ex Soldiers, Sailors and Airmen Association” blog team. This is not an official blog site. This blog is run by a team of Veterans of the Indian Armed Forces. It is not affiliated to or officially recognized by the MOD or Air Hq., Naval Hq., Army Hq. or Govt/State.

Sunday, October 24, 2010

Order for Pay fixation of re-employed ex-servicermen.. Veteran PJS Chhatwal PLS Regt.

Dear Veterans,
Find below the latest order for pay fixation of re-employed
ex-servicemen as requested by a few re-employed veterans.

No.3/19/2009-Estt. (Pay II)
Government of India
Ministry of Personnel, Public Grievances & Pension
Department of personnel & Training
**********
New Delhi, Dated:5th April, 2010.

OFFICE MEMORANDUM

Subject: Applicability of CSS (RP) Rules, 2008 to persons re-employed in
Government Service after retirement and whose pay is debitable to Civil
Estimates.

-----------

The understand is directed to prefer to this Department's

O.M. No. 3/13/2008-Estt. (Pay II) dated 11th November, 2008 on the
above-mentioned subject. Certain reference have been received
seeking clarification regarding the manner of fixation of pay of
retired defence Force personnel/officers re-employed in central
Government Civilian posts, after the implementation of CCS (RP)
Rules,2008. This has been considered in consultation with
Department of Expenditure. The pay fixation of re-employed
pensioners in Central Government, including that of Defence
Force personnel/ officers, is being done in accordance with
CCS (fixation of pay of re-employed pensioner) Orders, 1986, issued
vide this Department's O.M. No. 3/1/85-Estt. (Pay II) dated
31st July, 1986 (as revised from time to time).

2. After the introduction of the system of running pay bands and

grade pays, it has been decided to amend the relevant provision of
CCS (fixation of pay of re-employed pensioners) Order, 1986 in the
manner indicated below:-

Existing provision
Para 4(a) Re-employed pensioners shall be allowed to draw pay only

in the prescribed scales of pay of the posts in which they are re-employed.
No protection of the scales of pay of the posts held by them prior to
retirement shall be given.
Proposed revised provision

Para 4(a): Re-employed pensioners shall be allowed to draw pay only in
the prescribed pay scales/pay structure of the post which they are
re-employed. No protection of the scales of pay/pay structure of the post
held by them prior to retirement shall be given.

Note: Under the provisions of CCS (RP) Rules, 2008, revised pay structure

comprises the grade pay attached to the post and the applicable pay band.

Existing provision

Para 4(b)(i): In all cases where the pension is fully ignored, the initial pay
on re-employed shall be fixed at the minimum of scales of the re-employed
post.

Proposed revised provision
Para 4(b)(i): In the cases where the pension is fully ignored, the
initial pay on re-employed shall be fixed as per entry pay in the revised
pay structure of the re-employed post applicable in the case of direct
recruits appointed on or after 1.12006 as notified vide Section II, Part A
of First Schedule to CCS (RP) Rules, 2008.

Existing provision
Para4(b)(ii): In cases where the entire pension and pensionary benefits
are not ignored for pay fixation, the initial pay on re-employed shall be
fixed at the same stage as the last pay drawn before retirement, If there
in no such stage in the re-employed post, the pay shall be fixed at the
stage next above that pay. If the maximum of the pay scales in which a
pensioner is re-employed is less that the maximum of the scales of pay
of the re-employed post. Similarly, if the minimum of the scales of pay
in which a pensioner is re-employed is more than the last pay drawn by
him before retirement, his initial pay shall be fixed at the minimum of
the scales of pay of the re-employed post. However, in all these cases, the
non-ignorable part of the pensions hall be reduced from the pay so fixed.

Proposed revised provision
Para 4(b)(ii): In cases where the entire pension and pensionary benefits

are not ignored for pay fixation, the initial basic pay on re-employed shall
be fixed at the same stage as the basic pay drawn before retirement,
However, he shall be granted the grade pay of the re-employed post. The
maximum basic pay cannot exceed the grade pay of the re-employed post
plus pay in the pay band of Rs. 67000 i.e. the maximum of the pay band
PB-4. In all these cases, the non-ignorable part of the pension shall be
reduced from the pay so fixed.

Illustration

A Colonel who retired with basic pay of Rs. 61700 (grade pay Rs.8700; pay

in the pay bands Rs.53000) is re-employed as a Deputy Secretary in an
organization with grade pay of Rs. 7600. In this case, on re-employment,
his basic pay will continue to be Rs. 61700. However, his grade pay on
re-employment will be Rs.7600 and the pay in the pay band Rs. 54100.
Thereafter, the non-ignorable part of the pension will be reduced from
the pay so fixed.

Note; In the revised pay structure, basic pay is pay in the pay band plus

the grade pay attached to the post.
Existing provision
Para 4(c): The re-employed pensioner will, in addition to pay as fixed

under Para (b) above shall be permitted to draw separately any pension
sanctioned to him and to retain any other from of retirement benefits.

Proposed revised provision
Para 4(c): No change.


Existing provision
Para 4(d): In the case of pension retiring before attaining the age of

55 year and who are re-employed, pension (including PEG and other
forms for initial pay fixation in the following extent:-

(i) In the case of ex-servicemen who held posts below Commissioned

Officer rank in the Defence Forces and in the case of civilians who held
posts below Group 'A' posts at the time of their retirement, the entire
pension and pension equivalent of retirement benefits shall be ignored.

(ii) In the case of services officers belonging to the Defence Forces and

Civilian Pensioner who held 'A' posts at the time of their retirement, the
first Rs.500/-* of the pension and pension equivalent retirement
benefits shall be ignored. (*Already revised to Rs.4000/- vide O.M.
No. 3/13/2008-Estt. (pay II) dated 11th November, 2008)

Propored revised provision
Para 4(d): in the case of persons retiring before attaining the age of

55 year and who are re-employed, pension (including Peg and other
forms of retirement benefits) shall be ignored for initial fixation in
the following extent:-

(i) No change.
(ii) In case of Commissioned Service officer belonging to the Defence

Forces and civilian pensioners held Group 'A'
posts at the time of their retirement, the first Rs. 4000/- of the pension

and pension equivalent retirement benefits shall be ignored.

3. Apart from the above, it is also clarified as under:-


(i) Drawal of increments: Once the initial pay of the re-employed

has been fixed in the manner indicated above, he will be allowed to
drawn normal increments as per the provisions of Rules 9 and 10
of CCS (RP) Rules,2008.

(ii) Allowances: The drawal of various allowances and other benefits

in the revised pay structure shall be regulated with reference to the
grade pay of the re-employed post of the basic pay, as the case may be.

(iii) Treatment of Military Service Pay (MSP): MSP is granted to Defence
Force officer/personnel while they are serving in the Defence Force.
Accordingly, on their re-employment in Civilian organization,

including secret organizations under the Cabinet Secretariat umbrella,
the question of grant of MSP to such officer/personnel under not arise.
However, the benefit of MSP given to all retired Defence Forces
officer/personnel by reckoning itat the time of calculation or their
pension (notionally in the case of pre-1.1.2006 pensioner) should not
be withdrawn. Accordingly, while the pension of such re-employed
pensioner will include the element of MSP, they will not be granted
MSP while working in civilian organizations.

(iv) Fixation of pay of personnel/officer re-employed prior to 1.1.2006

and who were in employment as on 1.1.2006: In the case of personnel/
officer who were re-employed before 1.1.2006 and who were working in
the Central Government organization on reemployment basis on 1.1.2006,
their pay will be fixed in accordance with the provisions of DOPT O.M.
No.3/13/2008-Estt.(Pay II) dated 11.11.2008. this O.M. stipulates that
re-employed persons who become eligible to elect revised pay structure
shall exercise option in the manner laid down in Rule 7 of CCS (RP)
Rules,2008. In this context , it is clarified that in accordance with the
provisions of Rules 7 of CCS (RP) Rules,2008, Department of Expenditure
issued fitment tables corresponding to each pre-revised pay scales vide
O.M. No.1/1/2008-IC dated 30.8.2008. In the case of those personnel/
officers as well, who were re-employed before 1.1.2006 and who were
working in the civilian organizations on re-employed basis as on 1.1.2006,
their pay will be fixed with reference to the fitment table of the pre-revised
civilian pay scale in which they were re-employed and corresponding to the
stage in the pre-revised pay scale as on 1.1.2006.

(v) Fixation of pay of personnel/officers who retired prior to 1.1.2006 and

who have been re-employed after 1.1.2006: In the case of personnel/
officer who had retired prior to 1.1.2006 and who have been re-employed
after 1.1.2006, their pay re-employed will be fixed by nationally arriving
at their revised basis pay at the time of retirement as if they retired under
the revised pay structure. This will be done with reference to the
fitment table of the Defence Service Rank/Civilian service post (as the
case may be) from which they had retired and the stage of basic pay at
the time retirement. Their basic pay on re-employment will be fixed at
the same stage as the national last basic pay before retirement so arrived
at. However, they shall be granted the grade pay of the re-employed post.
The maximum basic pay cannot exceed the grade pay of the re-employed
post plus pay in the pay band of Rs. 67000 i.e. the maximum of the pay
band PB-4. In all these cases, the non-ignorable part of the pension shall
be reduced form the pay so fixed.
4. The exiting instruction on the subject shall be treated as amended to

this extent.

5. In so far as the persons serving in the Indian Audit & Accounts

Department are concerned, these orders are being issued after
consultation with the Comptroller & Auditor General of India.


(Rita Mathur)
Director

To
All Ministries/Department (As per standard list attached)

Copy to: Director (NIC), Department of Personnel & Training, to upload

the O.M. on this Department's website under the Head "Establishment (Pay)",
Sub-Head " Pay Rules" & under the caption "What's New".

Copies also forwarded to:

1. The Comptroller & Auditor General of India and all states under his control.

(With 400 spare copies)
2. Controller General of Accounts/Controller of Accounts, Ministry of finance.
3. Secretaries to UPCS/Supreme Court of India/Election Commission/Lok Sabha Secretariat/Cabinet Secretariat/Central Vigilance commission/President's

Secretariat/Vice President's Secretariat/Prime Ministry's Office/Planning
Commission.
4. Department of Personnel &Training (AIS Division)/JCA/Admn. Section.
5. Additional Secretary (Union Territories), Ministry of Home Affairs.
6. All State Government and Union Territories.
7. Secretary, National Council (staff Side), 13-C, Feroz Shah Road, New Delhi.
8. All Members of the Staff Side of the National Council of JCM/Department

Council.
9. All Officer/Sections of the Department of Personnel & Training/Department

of Administrative Reforms & Public Grievances/Department of Pension &
Pensioners' Welfare .
10. Ministry of Finance, Department of Expenditure
11. 25 spare copies.



(Rita Mathur)
Director


32 comments:

  1. Dear sir thanks for the details , suppose the Last pay certificate is before VI CPC what should be done to get amended LPC for claiming Pay fixation in Nationalised banks? please reply on pralhad_pn@rediff.com

    ReplyDelete
  2. sir,i am ex sgt,samit kr bhol,discharged on 31 oct 2009 after completion of 20 yrs engagement period from IAF. Now i joined in india post as a postal assistant on 07 feb 2011 as perpay scale 5200-20200 ,g.p 2400. My last basic was 11440+ GP 2800+ x pay 1400 before discharged from indian air force.Am i elligible for pay fixation,as per my last pay certificate.If then ,what will be my basic? wheather I have to return my gratuity/commutation. please inform.my email address-samitbhol@rediffmail.com

    ReplyDelete
    Replies
    1. Dear Samitgee,
      congrats. u r appointed as PA in Postal Dept. Contact ur Senior Suptd of Posts in your region for fixation of ur last pay drawn in IAF,

      With regards,

      venugopalML.

      Delete
  3. dear sir
    i am an ex army I got retirement in may 2007. now i am serving in Bank of india since May 2011. can i get pay protection as per 6th CPC ?
    plese inform me on my mail manojk4411@gmail.com
    I will be thankful to you.

    ReplyDelete
  4. sir,i am ex sgt,samit kr bhol,discharged on 31 oct 2009 after completion of 20 yrs engagement period from IAF. Now i joined in india post as a postal assistant on 07 feb 2011 as perpay scale 5200-20200 ,g.p 2400. My last basic was 11440+ GP 2800+ x pay 1400 before discharged from indian air force.Am i elligible for pay fixation,as per my last pay certificate.If then ,what will be my basic? wheather I have to return my gratuity/commutation. please inform.my email address-samitbhol@rediffmail.com

    ReplyDelete
    Replies
    1. DEAR SAMIT
      IAM EX SGT VAIBHAV TANDELAND I ALSO JOINEDINDIA POST AS U . IAM ALSO IN SEARCH OF CORRECT PAY FIXATION POLICY FOR US . TILL NOW U GOT ANY THING ABOUT IT PLEASE MAIL ON MY E MAIL ID vaibhu.tandel@gmail.com thanks

      Delete
    2. D EAR SAMIT KINDLY REFER NEW ORDER NO4-4/2008-PCC DATED 23/10/2013 ALONG WITH DOP&T O.M 3/19/2009-Estt. (PAY II) DATED 05APRIL 2010.

      Delete
  5. sir,i am ex Sub Major,discharged on 31 Dec 2010 after completion of 27 yrs engagement period from Indian Army. Now i joined in Central Govt as a LDC on 01 Mar 2011 as per pay scale 5200-20200 ,g.p 1900 My last basic was 16750+ GP 4800+ before discharged from Indian Army. Please tell me I am eligible for pay fixation,as per my last pay certificate.If then ,what will be my basic? weather I have to return my gratuity/commutation. please inform.my email address-jvssetty@yahoo.com

    ReplyDelete
  6. sir,retired on 31-05-2005 after 20 yrs in iaf as sgt and re-employed in psu bank on oct 2008.please
    advise me my eligibility of pay fixation as per para v of OM No.3/19/2009-Estt. (Pay II) dt 5-4-2010 and clarification about grade pay as there is no provision of grade in psu banks.

    ReplyDelete
    Replies
    1. Dear Manoj

      my situation is same as urs please do let me know if u have any information on this to my mail kalsha1967@gmail.com

      Delete
  7. Sir , I am retired from Indian Army on 31-12-1997 in the rank of Havildar. On 01-02-2002 I re-employed in central Govt. offices in the post of PEON in lover grade, and on 03-11-2003 my service has been regularized. My question is whether a ex-serviceman who's military service record is exemplary the ad-hock service of my is not counted is the service record. This is a in correct in procedure or not. My second question is after my regular service I requested for my pay fixation but my Department gave me latter that according to Rule 4(a) it is not possible. So kindly tell me for above matter help me for further correspondence. my email Id is kotharkarsdanand@gmail.com

    Thanking you Sir,

    Yours Faithfully

    Sadanand kotharkar
    No: 14357081-Y
    Havildar (Retd)

    ReplyDelete
  8. sir,i am ex hav, Bijay kr,discharged on 31 jan 2009 after completion of 24 yrs engagement period from ARMY. Now i joined in india railways post as a helper-II on 02 aug 2011 as per pay scale 5200-20200 ,g.p 1800. My last basic was 10040+ GP 2800 before discharged from indian ARMY. Am i elligible for pay fixation,as per my last pay certificate.If then ,what will be my basic? wheather I have to return my gratuity/commutation. please inform.my email address-2bijaykumar@gmail.com

    ReplyDelete
  9. sir,i am ex PO from INDIAN NAVY,P. Akkeswara Rao,discharged on 31 January 2008 after completion of 15 yrs engagement period from INDIAN NAVY. Now i joined in india post as a Sorting assistant on 13 July 2010 as perpay scale 5200-20200 ,g.p 2400. My last basic was 9200+ GP 2800 before discharged from indian Navy. Am i elligible for pay fixation,as per my last pay certificate.If then ,what will be my basic? wheather I have to return my gratuity/commutation. please inform.my email address-akkesh017@gmail.com
    Thank you sir,

    ReplyDelete
  10. SIR, I WAS RETIRED ON 31 OCT 2011 AS A CLERK. NOW I SERVE WITH CENT GOVT, ESIC AS A UDC. ESIC ASK TO US THE PROPER CENTRAL GOVT ORDER GIVE US AND THEN WE GIVE YOU PAY FROM YOUR LAST PAY TAKEN FROM ARMY. SO PLEASE SUGGEST ME TO WHERE FIND. OTHERWISE YOU SEND...
    THANK YOU,
    ADDRESS chiragkthakor@gmail.com

    ReplyDelete
  11. is this pay protection applicable for SSC officers also>>>??plz reply at vetsheetalrvc@gmail.com...

    ReplyDelete
  12. Sir,
    I am an ex serviceman from IAF retired just after introduction of VIth pay commission. During retirement my basic pay was Rs.9020 and grade pay Rs.2800 DA Rs.709 and good conduct pay Rs.120. Now i joined canara bank and the bank fixed my basic pay and DA as Rs.7600 and Rs.5335 respectively and there by getting a total equivalent to my last salary drawn at the time of retirement. However, bank fixed my basic pay at Rs.7600 which is far below Rs.9020 which I was getting while retirement. Is this justified? Am I eligible for protection of my basic pay when re-employed?
    Please give me your valuable suggestion on my email sajitkps@gmail.com
    thanking you sir..

    ReplyDelete
  13. Respected Sir

    i like to confirm that i served 6 year 2 months years in army (OR) and took discharge with army act 13(3)4 with gratuity now i have Discharge book (character EXEMPLARY ) canteen smart card registered with district soilder board but i am not getting pension sir my question is will i get re employment on ex serviceman basis sir please help me and suggest me

    ReplyDelete
  14. Rankik SEO | Pay after rankings are achieved, No Upfront Charges, No Set-up Fees. If You Don’t Rank, You Don’t Pay.
    Plz click for more information : - pay after you rank

    ReplyDelete
  15. Sir, I am joined in Dept. of Posts, India after completion of approximately 18 years service in Indian Army. Ex-servicemen who are joined in banks, LIC etc are getting pay protection but this bad luck for all who are joined to state/central govt. like are not getting pay protection. please advise how we will get the pay protection in my mail address pandaratikanta2@gmail.com

    ReplyDelete
  16. Dear
    Sir I am Ex-JWO after complition of my initial engagement I joined Rajasthan gramin Bank as an Probetionary officer by aviling age relaxation on 10th Sep 2010.I this Bank Pay is protected for exserviceman who joined as cleck but not cleared about my case and asking for exampal from any Nationalised bank where pay has been protected in officer cadre.My application still pending and I am also in dilema what to do. all circular and notification regarding pay protection does not specify cadre for re-empoloyment. Can you please help me in this regard. Any officer who joined Bank even as security officer and got pay protection
    My mailID is mpchoyal@gmail.com
    Mob No 9530024369

    ReplyDelete
  17. Sir
    I retired from Indian Navy as Petty Officer with BP-10200, GP-2800 in Jul 2011. Now I am working as a fireman in Indian Ordnanace factory. Am I eligible for pa fixation. Please reply on my e-mail: shalivahan1082@yahoo.in

    ReplyDelete
  18. this order is beyond scope of understanding of common ex servicemen,kindly tell in simple way are we eligible for pay protection or not?

    ReplyDelete
  19. Dear All,

    Myself P Rama Krishna, EX Navy presently working in India Post and we have represented for pay fixation from my entire state(AP) and also from Kerala, Karnataka, Maharashtra. Anybody can contact me for anything regarding above subjact
    P Rama Krishan
    mail id: ramakrishnapinapatruni@yahoo.in

    ReplyDelete
    Replies
    1. Sir, myself is ex Hav RK Panda. I am also joined in India Post and applied for protection after four years of joining. But my SP is asking me the particular rule for pay protection when pensionary benefits ignored. I am also received copy of SP, Anakapalli Division letter No E-1/PAY-DLGS/14-15 dated 09.05.2014 and submitted the same, but they are not satisfied.

      Delete
  20. Dear veterans, it is not clear from the discussion above whether ex servicemen are entitled to pay protection in central govt jobs or not. Is there any body who can clarify the salary entitled to an ex servicemen who get job in MoD through SSC selection as LDC. Please clarify if possible.

    ReplyDelete
  21. Rules are existing but non of the organization is ready to implement. For example some clarification is already in Circular 166 of O/o the Pr. CDA(P) Allahabad No. AT/Tech/263-XVI dated 07.03.2013 regarding clarification of dearness relief. It had as mentioned the para b(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 be treated as fixed at a minimum only for the purpose of ignoring the entire pension and allowing dearness relief on pension

    ReplyDelete
  22. Hello to all of my fellow veterans. Regarding pay fixation procedure most of ex-servivcemen are not aware. At the time of our discharge from defence force, we should be made aware regarding pay fixation procedure, in case any of us joins government job/PSU/bank. Fixation of pay is broadly classified into three categories. First category is for exservicemen irrespective of trade/specilaization as per 16 of CCS (Fixation of Pay of Re-Employed Pensioners) Orders, 1986. Second category is for exservicemen of Clerk GD trade and Store Keeper trade/speciliazation in which if they join some govt department as LDC or UDC or storekeeper, their pay is fixed on the basis of length of service as combatant clerk/store keeper allowing them number of increments x length of service. Such fixation is done as per Para 4 and 5 of CCS (Fixation of Pay of Re-Employed Pensioners) Orders, 1986. and third category is for ex servicemen of communication trade/specilization like Radio/Fitter, Rdo/Tech, RT operator when they join BSNL or MTNL as Jr. Tech Officer. their fixation is also done on the basis of length of service in particular specilization (communication related). But the most important fact about which maximum number of ex servicemen are not aware is that option/request for fixation of pay in civil department is to be done within two/three months of joining the new post. If lapsed, it becomes excuse for new employer to reject one's request. I am ex Sgt Narender Sharma Clk/GD at Delhi District Courts. email id is coolnarender@rediffmail.com.

    ReplyDelete
  23. hai , i am a retired naval sailor and now joined department of post in 2011, i have not opted for pay fixation as i had little knowledge about it, it is possible for me to go for it through proper channel of our sspos of our division

    ReplyDelete
  24. hai this nandan roopa , please reply my query othis email id , nandanroopa@gmail.com

    ReplyDelete
  25. Hello sir,
    I myself sub.clk L.S.Kushwah retired on 31/01/2009 and was drawing RS. 13830+GP 4600+MSP 2000-34800 in PB2 now reemployed as MTS in Indian audit and accounts department on 19/7/2012 in PB1(5200+GP 1800-20200). Kindly help me out to protect earlier pay drawn by me. please kindly reply me kushwahsinghlallu@gmail.com.
    mob.no. 9761476254

    ReplyDelete
  26. Ex- servicemen are eligible for pay fixation on re-employed in central civil organisations with reference to their last pay drawn before retirement as per extendt rule s/instructions issued by DOPT and the same pay fixation is done in INome tax department and EPFO department both the department comes under central govt. of India and for railway and postal we fighting and soon will get with regards
    yesbir singh

    ReplyDelete