Initial pay fixation of re-employed ex-servicemen who held post below Commissioned Officer rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employment basis in civilian posts – Regarding.
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
New Delhi, dated 7/12/2016
Sub: Initial pay fixation of re-employed ex-servicemen who held post below Commissioned Officer rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employment basis in civilian posts – Regarding.
The undersigned is directed to refer to a demand by the National Federation of Indian Railwaymen (NFIR), a recognised Federation of Railwaymen, who have requested that the initial pay of non-commissioned ex-servicemen (PBOR) who are re-employed on the Railways should be fixed by taking into account the service endered by them in the Defence Forces. They are insisting that the fixation done in the minimum of the scale of the re-employed post should be according to the procedure laid down in para 4 (b) (ii) of DOP&T’s OM s dated 31/7/86 as amended vide OM dated 11th November 2008, 5th April 2010 & 8th November, 2010. The Federation states that the content of these OMs clearly states that the Pay of re-employed former Defence Forces Personnel should be fixed as per Rule 7 of CCS (RP) Rules 2008 i.e. at the same stage of their last basic pay drawn at the time of retirement i.e. allowing one increment (in the post held at the time of retirement) for each year of service the ex-servicemen has rendered at the time of retirement with the proviso that the pay thus fixed does not exceed:-
(a) The pay drawn prior to retirement for non-commissioned officer of all three forces like Army, Navy and Air Force (Sub para 2 (ix) of Para 3 & Para 4 (b) (ii) of OM dated 31st July 1986 are relevant).
(b) Para 5 of DOP&T’s OM No. 3/13/2008-Estt.(Pay-II) dated 11th November, 2008 stipulated enhancement of existing ceiling of Rs. 26000/- for drawal of pay plus gross pension on re-employment to Rs. 80,000/- p.m.
2. However, their attention was drawn to the provisions in DOP&T’s OM No. 3/1/85-Estt.(pay-II) dated 31st July 1986 and OM NO. 3/19/2009-Estt.(Pay-II) dated 5th April 2010, governing initial pay fixation, inter alia, of re-employed ex-servicemen who held post below Commissioned Officer rank in Defence Forces and retired before attaining the age of 55 years and have been appointed on re-employment basis in the Railways. As per these orders, the initial pay of such re-employed pensioners is to be fixed in terms of provisions of Central Civil Services (Fixation of Pay of Re-employed Pensioners) Orders, 1986 issued by Department of Personnel and Training vide OM No. 3/1/85-Estt.(Pay-II) dated 31/7/1986 as amended from time to time.
3. It is to be seen that revised provision contained in Para 2 of OM dated 5th April 2010 revising the contents of Para 4(d)(i) of CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986 provides 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, i.e. no duduction on this count is to be made from the initial pay fixed on re-employment. Also, in terms of the Para 4(a) and Para 4(b)(i) of CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986, as amended vide DOP&T’s OM No. 3/19/2009-Estt.(Pay.II) dated 5/4/2010, the initial pay on re-employment of such pensioners 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. As is explicit, these instructions do not provide for protection of last pay drawn before retirement, in such cases. Therefore, the fixation of pay of re-employed ex-servicemen is being done accordingly on the Railways.
4. However, the Federation does not agree with the above contention and desires that the pay of ex-Defence Forces personnel re-employed in Railways should be fixed in accordance with the clarification issued vide DoP&T’s OM dated 5th April, 2010 in Para 3 (iv) & (v) which contain clarifications duly stating that the pay of the ex-servicemen, re-employed in the Central Government Organizations will be fixed in accordance with the provision contained in DoP&T’s OM No. 3/13/2008-Estt.(pay-II) dated 11/11/2008 after exercising option in the manner laid down in Rule 6 of CCS (RP) Rules, 2008 and the fixation of pay is to be regulated in accordance with the provisions of Rule 7 of CCS (RP) Rules 2008.
The Federation has further pointed out that the initial pay of a re-employed military pensioner and a direct recruit cannot be the same in view of the fact that the pay of the re-employed Defence Forces Pensioner is to be done as per the provisions of Rule 7 of CCS (RP) Rules, 2008 applicable to direct recruits – the two entrants being independent and have no co-relation with each other.
5. After protracted correspondence and discussion of the issue between NFIR and the concerned officials of this Ministry, as NFIR are still not convinced with the official stand on this issue and insisting on implementation of Para 3 (iv) and (v) of DoP&T’s O.M. Dated 5/4/2010. Hence, it was decided to refer the matter to DOP&T for clarification.
6. In the light of the position as brought out above, DOP&T are requested to clarify specifically as to whether the contention of NFIR that the pay of non-commissioned ex-servicemen (PBOR) who retire from the Defence Forces before attaining the age of 55 years, and are subsequently re-employed on the Railways should be fixed by taking into account the service rendered by them and last pay drawn in the Defence Forces, is in order, or the procedure being followed on the Railways i.e. fixing the pay of such re-employed ex-servicemen 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, without any pay protection is correct.
7. An early reply in the matter is solicited.
Jt. Dir. Estt. (Genl.)
Shri A.K. Jain,
Deputy Secretary (Pay),
Ministry of Personnel, Public Grievances and Pensions,
Department of Personnel and Training,