Dearness Relief to re-employed Ex-servicemen/pensioners – PCDA Clarification

Office of the Principal Controller of Defence Accounts (Pension),

Draupadi Ghat, Allahabad-211014

Circular No.179 

Date:12.05.2015

Sub: Payment of Dearness Relief to re employed pensioner: Clarification thereof.

As per para l(a) of MOD letter No. 7(1)/95/D(Pen/Services) dated 28.8.2000, entire pension admissible to ex-servicemen who held post below commissioned officers (PBOR) at the time of retirement, is ignored and 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 pensioners will consequently be entitled to dearness relief on their pension.

Deptt. of Pension and Pensioners Welfare, vide their UO No.41/42/2007/P&PW(G) dt. 03.04.2008, reproduced under this office circular No. 386 dt. 19.06.2008, further clarified that if the pay is fixed at a higher stage because of advance increments and no protection of last pay drawn is 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. For availing this benefit the ex-servicemen would have retired at post below commissioned officers Rank (PBOR) before attaining the age of 55 years.

Now representations from the banks, where number of ex-clarify the elements to be taken into account for assessing the last pay drawn by the ex-servicemen for the purpose of last pay protection.

The dearness relief on re-employment should be regulated by the Pension Disbursing Agencies on the basis of certificate issued by re-employer, clearly stating whether benefit of last pay protection has been given or not. However, on examination of cases submitted by the banks it has been found that pay scale in banks are still on old pattern, whereas ex-servicemen have been retired with Pay in Pay Band, Grade Pay, MSP, Group Pay etc. In such cases it is clarified that for the purpose of assessing the last pay drawn for last pay protection, the elements to be taken into account should be last pay in pay band i.e. Band Pay plus Grade Pay, last drawn before retirement as envisaged vide MOP, PG & P, DOPT OM NO. 3/19/2009 Estt. Pay II dt. 8th Nov 2010 and no other elements should be taken for this purpose.

In view of the above, it is advised that all the cases of dearness relief where pay of ex-servicemen has been fixed at a higher stage because of advance increments may be reviewed and regulated accordingly.

No. AT/Tech/263-XVIII 

Date 12.05.2015

(A.D. Mishra)

Asst.CDA (P)

Source: www.pcdapension.nic.in

[http://pcdapension.nic.in/6cpc/Circular-179.pdf]

Benefit of reservation to Ex-servicemen, who applies for various examinations/vacancies before joining civil posts

No.36034/1/2014-Estt.(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.39016/10/79-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 O.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 wou’d 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: www.persmin.gov.in

Pay Fixation of Re-Employed Ex-Servicemen vs retired Gp A officer on re-employment: Clarification

GOVERNMENT OF INDIA

MINISTRY OF DEFENCE

OFFICE OF THE PRINCIPAL CONTROLLER OF ACCOUNTS (FYS)

10-A, S.K. BOSE ROAD, KOLKATA: 700001

No: Pay/Tech-l/069/XVII

Dated: 02/08/2018 

Sub: Pay fixation of re-employed Ex-Servicemen 

Ref: HQ office letter No.AT/II/2455-VI dated 06.07.2018 

Kindly find, enclosed, HQ office letter quoted under reference on the above subject alongwith its enclosure. 

It has been inferred in Para 5 of the aforesaid letter that the provisions of Para 8(iii) of DoP&T OM No 3/3/2016-Estt (Pay-II) dated 01.05.2017 and hence Para 3(v) of DoP&T OM No 3/19/2009-Estt (Pay II) dated 05.04.2010, which is analogical to para 8(iii) of OM No 3/3/2016-Estt (Pay-II) dated 01.05.2017, are applicable only for the pay fixation of retired Gr A officers on re-employment and not for the pay fixation of PBORs on re-employment in civil posts. Accordingly, pay fixation of persons who retired as PBOR and got re-employed in civil posts, in the revised structure of 6th CPC is to be regulated as per the provisions laid down in para 4(b)(i), 4(b)(ii) read with para 4(d) of DoP&T OM No 3/19/2009-Estt (Pay II) dated 05.04.2010. 

Affected cases may be dealt with accordingly. 

PC of A (Fys) has seen. 

Sd/- 

Dy Controller of Accounts(Fys) 

Source: Click here to view/download the PDF

RAJYA SABHA QUESTION ON OROP

Confirm 9% DA from July 2018:

DA from July, 2018 is confirmed to be 9% in 7th CPC & 148% in 6th CPC pay structure with 2% increase in 7th CPC DA & 6% increase in 6th CPC DA after releasing of June, 2018 All India Consumer Price (Industrial Workers) Index Number [CPI(IW)].

Employees who are in revised 7th CPC pay structure will get 9% Dearness Allowance from the month of January, 2018 and employees who are in pre-revised 6th CPC pay structure will get 148% Dearness Allowance from the month of July, 2018.  The revised Dearness Allowance for the second half of the year may be approved by the Govt in the month of September, 2018 as per previous trend. Monthly Dearness Allowance and Transport Allowance will enhanced from this increase in DA and pensioners will also be benefited by this increase.

DA from July, 2018 calculated to be 9% in 7th CPC & 148% in 6th CPC pay structure as per  AICPIN of June-2018released.

MAIL FROM MAJ GEN SATBIR SINGH

  28 Jul 2018

Dear Friends,

1.             Video on SC Hearing on 27^th Jul2018, Govt misleading the Nation on OROP recorded by NDTV India on 27^th Jul 2018 but covered very small portion at 9 PM is enclosed for information and wide circulation please.

2.             We will file a strong rejoinder to Govt assertion on OROP in SC within two weeks.

3.             We will continue our struggle to get Respect, Justice and Status to Soldiers.

4.             You are aware that other deprived Sections of Society Jawan, Kisan & Dalit have joined together to raise “Haq, Ki Awaj” a peaceful Andolan across the Country with effect from 09 Aug 2018.  People for write-up regarding People for Responsible Government is enclosed herewith.  Though we will execute our individual movements, we will support each other.

5.             Other deprived Sections ie Youth, Women and labourers have also shown interest to join “Haq Ki Awaj”.

6.         You are also aware that SC has allowed Protests at Jantar Mantar and Boat Club.  Delhi Police is framing the guidelines.

7.         Another important issue is use of Power of Votes to ensure Defence Personnel are taken seriously.  Supreme Court in its judgement has stated that serving defence personnel are allowed to become voters at the place of Posting.  ESM at various cantonments and Military Station are requested to meet local commanders and Station Commanders to inform them about the contents of SC Judgement for action please.

8.         We will continue our struggle at Jantar Mantar and at other loications across the Country.  All ESM and volunteers of our families are requested to join and intensify the struggle till our Mission of Restoration of respect; Justice and Status is accomplished.  Implementation of actual OROP being our fist objective.  All are requested to visit Jantar Mantar regularly as was done when we started the Protest Movement on 15 June 2015

With regards,                                

Maj Gen Satbir Singh, SM (Retd)                                                         

Advisor United Front of Ex Servicemen &                                                                                        

Chairman Indian Ex-Servicemen Movement (IESM)                                                                          

Mobile: 9312404269, 01244110570                                                  

Email:satbirsm@gmail.com 

One Rank One Pension: Govt says No to Annual Revision of Pensionary Benefits

New Delhi: The Central government on Friday told the Supreme Court that it will not revise the formula for One Rank-One Pension (OROP) scheme nor would it bring down the timeline for periodical revision of the pensionary benefits for retired armed forces personnel. Appearing before a bench headed by Chief Justice of India Dipak Misra, Additional Solicitor General Maninder Singh made the government's stand clear in response to a PIL. "We will not revise the OROP formula. The government has already gone out of its way," Singh submitted. The law officer added that whatever has to be decided by the government has already been done. "More than Rs 10, 000 crore has been sanctioned after much deliberation. This has huge ramifications on the exchequer and any interference would further burden us," Singh told the Court. The ASG sought dismissal of the petition by Indian Ex-servicemen Movement also on the ground that there is a limited scope of reviewing a policy decision. "This petition is not maintainable because it seeks to challenge a policy decision," said Singh. Representing the petitioner, senior advocate Vivek Tankha replied that he is ready to argue on both maintainability and merits of his plea.
The Court then asked Singh to file a formal affidavit in reply to the petition and fixed the matter for hearing after four weeks. The Indian Ex-servicemen Movement (IESM) and others have challenged the government’s policy of periodic review of pension once in five years. It has sought a direction for the government to implement OROP as recommended by the Koshyari Committee with an automatic annual revision, instead of the current policy of periodic review once in five years. “OROP is the uniform desire of all three defence services. Ex-servicemen are presently drawing pension that is not consistent with their rank and/or length of service... the pension of past pensioners be automatically and contemporaneously enhanced, whenever there is any future increase or enhancement in the rates of pension,” said the petition. It added the government should be directed to fix the pension on the basis of highest pension of financial year 2014-15 and not 2013.