Fixation of pay of Ex-Servicemen Re-Employed on the Railways – Clarification reg.

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

RAILWAY BOARD

RBE No.122/2015

No.E(G)2013/EM 1-5

New Delhi, dated 08.10.2015

The General Manager(s),

All Indian Railways &

Production Units.

Sub: Fixation of pay of ex-servicemen re-employed on the Railways – clarification reg.

The issue regarding fixation of pay of ex-servicemen re-employed on the Railways was taken up by NFIR in the PNM. It was pointed out that the policy instructions on the issue were not been implemented on the Zonal Railways in their proper perspective and there was a lot of confusion in the matter. They had requested for issue of suitable guidelines/clarification in the matter.

2. As the Railway administration are aware, fixation of pay of ex-servicemen re-employed on the Railways is done on the basis of instructions contained in Railway Board’s letter No. PC-VI/2009/1/RSRP/2 dated 30/4/2009 read with instructions contained in letter No.E(G)86/EM 1/8 dated 21/1/87 and the clarificatory instructions issued vide letter No.E(G)2013/EM 1-4 dated 24/7/2013 and E(G)2010/EM1/2 pt. dated 12/12/2011.

3. It may be stated that Para 3 (iv) of the DOP&T’s OM dated 05.04.2010 as circulated vide Board’s letter No. E(G)2010/EM 1/2 pt. Dated 12.12.2011 is applicable in respect of persons re- employed prior to 01.01.2006 and were in re-employment as on 01.01.2006. Thus, for this category of persons, pay would have been already fixed as per V CPC provisions as on 01.01.2006. Para 3(iv) prescribes manner of pay fixation/migration to VI CPC scales, in case of PBOR persons, Commissioned Officers etc.

4. Para 3(v) of the OM dated 05.04.2010 prescribes manner of pay fixation/migration to VI CPC scales, in case of PBOR persons, Commissioned Officers etc., who retired prior to 01.01.2006 and have been re-employed after 01.01.2006 and before issue of the OM dated 05.04.2010.

5. Thus, the Paras 3(iv) and 3(v) have detailed provisions for pay fixation/fitment as per VI CPC rates, for all ranks of re-employed pensioners who retired prior to 01.01.2006 and re-employed as on and after 01.01.2006 and before issue of the OM dated 05.04.2010 respectively.

6. It may also be stated that the Orders make a clear distinction between fixation of pay of those who were Commissioned Officers and those who were non-commissioned. In the case of Commissioned Officer, non-ignorable pension is deducted, but last pay drawn (with Grade Pay in the re-employment post) is allowed, in terms of para 2 of OM dated O5.04.2010.

7. In the case of non-commissioned officers, pension is not deducted and pay is allowed only at the Entry pay in the revised pay structure of the re-employed post applicable in the case of Direct Recruits appointed on or after 01.01.2006 as notified vide section II of First Schedule to RS(RP) Rules, 2008, in terms of para 2 of the OM dated 05.04.2010.

8. As regards the Federation’s demand that MSP will have to be reckoned for fixation of pay, the provision is already there vide DOP&T’s OM No. 3/19/2009-Estt. Pay-II dated 8/11/2010 which was circulated to the Railways vide Board’s letter No.E(C)2013/EM 1-4 dated 24/7/2013 which stipulates that all defence officers/personnel whose pension contains an element of MSP, that need not be deducted from the pay fixed on re-employment.

9. Please acknowledge receipt.

10. Hindi version will follow.

Sd/-

(D. Joseph)

Dy. Director Estt(Genl)

Source:NFIR

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Fixation of Pay of re-employed ex-servicemen pensioners: Clarification by DoPT

FILE NO. 01-01/2011-PAP

GOVERNMENT OF INDIA

MINISTRY OF COMMUNICATIONS AND I.T.

DEPARTMENT OF POSTS(ESTABLISHMENT DIVISION)

DAK BHAWAN, SANSAD MARG, NEW DELHI-11001.

 15th September, 2015.

TO

All Chief Postmasters General,

Chief General Managers, PLI, BD&MD,

Deputy Director General (PAF), Postal Dte.,

All General Managers(Finance),

All Directors of Accounts (Postal),

The Director Postal Staff College of India, Ghaziabad,

All Directors of PTCs.

Sub: Clarification regarding fixation of Pay of re-employed ex-servicemen pensioners retiring before attaining age of 55 years and who hold post below commissioned officer rank in the Defense Forces.

Sir/Madam,

I am directed to forward herewith a copy of clarification issued by the Ministry of Personnel, PG and Pensions, Department of Personnel and Training, New Delhi, DoPT ID Note No.1101965/2015-Estt.(Pay-II) dated 28th August 2015 on the subject and above, for kind information and further necessary action at your end.

2. Clarification may be circulated to all sub-ordinate offices concerned, with direction to dispose all cases of pay fixation of re-employed ex-servicemen pensioners retiring before attaining age of 55 years and who hold post below commissioned officer rank in the Defense Forces, in light of clarification issued.

Enclosed: As above

Yours faithfully,

(Major S.N. Dave)

Assistant Director General(Estt.)

Tele: 011 – 2303 6268

COPY FOR KIND INFORMATION TO:-

PS to MOC&IT/MOS(C&IT).

PPS to Secretary (Posts)

PPS to Members of Postal Services Board.

JS & FA. /Director (Finance)

All DDs.G./Secretary (PSB).

ADG (Admn.)

(S.B.Swarnkar)

Assistant Accounts Officer(PAP)

Department of Personnel & Training

Establishment (Pay-II)

Reference preceding notes

D/o Posts may please refer to their proposal on preceding page seeking clarification regarding fixation of pay of re-employed/ex-servicemen pensioners retiring before attaining the age of 55 years, who held posts below commissioned officer rank in the Defence Forces and also whether the last pay drawn before retirement is subject to protection.

2. The matter has been examined in this Department. It is pointed out that paras 4(a), 4(b)(i) and 4(d)(i) of CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986 as amended vide this Department’s O.M. No.3/19/2009-Estt.(Pay.II) dated 5.4.2010, provide that in case of ex-servicemen who held post 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 before 55 years of age, the entire pension and pension equivalent of retirement benefits shall be ignored, that is, no deduction on this count is to be made from the initial pay fixed on re-employment. Also, in terms of the Para 4(b)(i) of CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986, as amended vide this Department’s O.M. No./19/2009-Estt.(Pay.II) dated 5.4.2010, the initial pay on re-employment shall be fixed as per the entry pay in the revised pay structure of the re-employed post applicable in the case of direct recruits appointed on or after 1.1.2006 as notified vide Section II, Part A of First Schedule to CCS(Revised Pay) Rules, 2008. These instructions do not provide for protection of last pay drawn before retirement, in such cases.

3. Deputy Secretary (Pay) has seen.

(Pushpender Kumar)

Under Secretary (Pay)

D/o Posts [ADG (Estt.)], Dak Bhawan, New Delhi

DoPT ID Note No. 1101965/2015-Estt.(Pay-II) dated 28th August 2015

Source: www.indiapost.gov.in

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Registering of ex servicemen for reemployment

GOVERNMENT OF INDIA

MINISTRY OF  DEFENCE

RAJYA SABHA

QUESTION NO  210

ANSWERED ON  25.11.2014

Registering of ex servicemen for reemployment

210 SHRI PARIMAL NATHWANI

Will the Minister of DEFENCE be pleased to satate :-

(a) the number of ex-servicemen registered for employment and re-employment in Government service during the last three years;

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Benefit of reservation to Ex-servicemen, who applies for various examinations/vacancies before joining civil posts/ services in the Government job on civil side.

No.36034/1/2014-Est-t.(Res.)

Government of India

Ministry of Personnel, Pubic Grievances and Pensions

Department of Personnel and Training

North Block, New Delhi

Dated the 14th August, 2014

OFFICE MEMORANDUM

Sub: Benefit of reservation to Ex-servicemen, who applies for various examinations/vacancies before joining civil posts/ services in the Government job on civil side.

In terms of this Department’s Notification No. 32016/10/79-Estt(C) dated 15th December, 1979 as amended from time to time and which was last amended vide Notification No. 36034/1/2006-Estt (Res) dated 4th October, 2012, the benefit of reservation to ex-servicemen is available at ten per cent of the vacancies in Group C posts and twenty per cent of the vacancies in Group D posts in all the Central Civil Services and posts. Benefit of reservation is also extended at ten per cent of the vacancies in the posts upto of the level of Assistant Commandant in all para-military forces to be filled by direct recruitment.

2. Vide this Department’s O.M. No. 36034/27/84-Estt.(SCT) dated 02.05.1985, it was decided that once an ex-serviceman has joined the Government job on civil side after availing of the benefits given to him as an ex-serviceman for his re-employment, his ex-serviceman status for the purpose of re-employment in Government would cease. It was also decided that on his joining the civil employment, he would be deemed to be a civil employee and would accordingly be entitled to only such of the benefits like relaxation of age etc. as admissible to civil employees in the normal course. Vide this Department’s D.M. No. 36034/21/87-Estt.(SCT) dated 07.11.1989, it was clarified that the instructions of 02.05.1985 shall not apply to those ex-servicemen who have been re-employed or are re-employed by private companies/autonomous bodies/ public sector undertakings/ government offices on casual/contract/temporary ad-hoc basis and who can be removed from such service at any time by their employer concerned.

3. An ex-serviceman at the time of his release or discharge from the armed forces normally applies for more than one vacancy, but in case he/she joins any civil employment due to early declaration of results/selection, he/she is not entitled for the benefit of reservation for ex-servicemen for subsequent employment. It has been brought to the notice of this Department that the aforesaid instructions are affecting the chances of ex-servicemen in the case of direct recruitment for subsequent suitable employment.

4. The matter has, therefore, been considered in consultation with Department of Ex-servicemen, Ministry of Defence. It has now been decided that if an ex-serviceman applies for various vacancies before joining any civil employment, he/she can avail of the benefit of reservation as ex-serviceman for any subsequent employment. However, to avail of this benefit, an ex-serviceman as soon as he/she joins any civil employment, should give self¬declaration/undertaking to the concerned employer about the date-wise details of application for various vacancies for which he/she had applied for before joining the initial civil employment. Further, this benefit would be available only in respect of vacancies which are filled on direct recruitment and wherever reservation is applicable to the ex-servicemen.

5. The above Orders shall take effect from the date of issue of this Office Memorandum.

6. All the Ministries/Departments are requested to bring the above instructions to the notice of all appointing authOrities under their control, for information and compliance.

Sd/-

(G. Srinivasan)

Deputy Secretary to the Government of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36034_1_2014-Estt.Res-14082014.pdf

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Pay Fixation of Ex-Servicemen Re-Employed in Public Sector Banks

Indian Banks’ Association

HR & Industrial Relations

No./HR&IR/CIR/2013-14/589/8764

January 30, 2014

Chief Executives of Public Sector Banks

Dear Sir,

Pay Fixation of Ex-Servicemen Re-Employed in Public Sector Banks

We refer to our letter No.HR&IR/CIR/2012-13/76/589/5850 dated 6.9.2012 regarding re-fixation of pay of ex-servicemen re-employed in Banks on or after 1.1.2006.

2. Keeping in view the fact that all the Public Sector Banks are enjoying autonomy in their HR matters, the Ministry of Finance, vide its letter dated 22nd March, 2013, requested IBA to frame uniform guidelines for fixation of pay of Ex-Servicemen upon their re-employment in PSBs, in consonance with the Government of India’s policy in the matter and the principle of fairness. The letter further stated that the system of re-employment should be reviewed comprehensively to allow Ex-Servicemen to have their pay protected upon re-employment in PSBs. IBA was requested to have these issues considered and examined in consultation with the PSBs and send their considered opinion/comments to the Ministry of Finance, Department of Financial Services for necessary action.

3. Accordingly, IBA constituted a Working Group, consisting of three senior officers drawn from banks and prepared a report. With the approval of the Managing Committee at its meeting held on 6th June, 2013, the Report of the Working Group was sent to DFS for their consideration and to issue necessary guidelines. The Ministry of Finance, vide letter dated 19th July, 2013, advised IBA to take appropriate decision in the matter of pay fixation of re¬employed Ex-Servicemen in PSBs as deemed fit. While doing so, IBA was asked to ensure that such pay fixation is in consonance with DOPT guidelines issued from time to time that all PSBs follow the guidelines uniformly to avoid disparity in pay fixation across PSBs.

4. As desired by DFS, a “draft” guidelines to be issued to PSBs was sent to the DFS vide our letter dated 27th August, 2013 for their examination and their approval.

5. Now, the Ministry of Finance, DFS, vide their letter dated 30E11 December, 2013 (copy enclosed), has advised that the draft guidelines prepared by IBA generally appear in order. However, before issue of these guidelines to all PSBs, it is desirable to ensure that no decision is contradictory to established Government Policy and that none of these are violative of DOPT or Ministry of Defence (MOD)/Ministry of Finance instructions on this subject.

6. Draft guidelines, approved by the Ministry of Finance, Department of Financial Services with some suggestions were put up to the Management Committee of IBA at its meeting held on 28.1.2014 for approval. The Committee has approved these guidelines as per annexure enclosed for compliance by Banks.

All the Banks are therefore advised to implement these guidelines regarding pay fixation of ex-servicemen on their re-employment on or after 1.1.2006.

Yours faithfully,

Sd/-

( K. Unnikrishnan )

Deputy Chief Executive

Source:http://www.iba.org.in/Documents/scan0005_20_2_2014.pdf

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Guidelines for re employment of Ex-servicemen in Public Sector Banks/Financial services

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
RAJYA SABHA

UNSTARRED QUESTION NO-848
ANSWERED ON-12.12.2013

Guidelines for re employment

848 . SHRI MAHENDRA SINGH MAHRA

   (a) whether Government of India has issued guidelines regarding prescribing maximum age limit for re-employment in SBI and other Public Sector Banks upto the age of 50 years in “Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979;

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Himachal CM seeks ‘one rank, one pension’ for ex-servicemen

   Himachal Pradesh Chief Minister Virbhadra Singh Saturday met Congress president Sonia Gandhi here and pleaded the case for implementation of ‘one rank, one pension’ scheme for the ex-servicemen.

   He said the implementation of the scheme would benefit the majority of the ex-servicemen in the state and would give them additional economic security in their old age.

   The chief minister also apprised Gandhi about various developmental projects and schemes launched in the state, an official statement said.

   He said the state has adopted the party’s election manifesto as an official document and all the promises made in the manifesto are being implemented.

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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.

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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:-

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Re-Employment to Ex-Servicemen.

   Central Government provides 10% reservation for Ex- servicemen in civil jobs in Group `C` posts and 20% in Group `D` posts. Most State Governments provide reservation for Ex-servicemen which varies from State to State as it is based on the total population of Ex- servicemen domiciled in the State and the rehabilitation policy of the concerned State.

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