Applicability of Central Civil Services (Revised Pay) Rules, 2016 to
persons re-employed in Government Service after retirement and whose pay
is debitable to Civil Estimates
No. 3/3/2016-Estt. (Pay II)
Government of India
Ministry of Personnel, Public Grievances & Pension
Department of Personnel & Training
North Block, New Delhi
Dated 1 .05.2017
OFFICE MEMORANDUM
Subject:
Applicability
of Central Civil Services (Revised Pay) Rules, 2016 to persons
re-employed in Government Service after retirement and whose pay is
debitable to Civil Estimates
The pay fixation of re-employed pensioners on re-employment in Central Government, including that of Defence Forces personnel/officers, is
being done in accordance with Central Civil Services (Fixation of Pay of
Re-employed Pensioners) 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). Persons re-employed in Government service after
retirement have been excluded from the purview of the Central Civil
Services (Revised Pay) Rules, 2016 vide Rule 2 (2)(vii) thereof. The
question of extension of the benefit of the revised pay rules to these
persons and the procedure to be followed for fixing their pay in the
revised pay structure has been considered by the Government. The
President is pleased to decide that, in partial modification of the Rule
2 (2)(vii) of the Central Civil Services (Revised Pay) Rules, 2016, the
provisions of these rules shall apply to such persons also who were in /
came into re-employment on or after 1st January, 2016, subject to
the orders hereinafter contained. This decision will cover all
Government servants re-employed in Central Civil Departments other than
those employed on contract except where the contract provides otherwise,
whether they have retired with or without a pension and/or gratuity or
any other retirement benefits, e.g. contributory fund etc. from a civil
post or from the Armed Forces.
2. Re-employed persons who become
eligible to elect revised pay structure in accordance with these orders
should exercise their option in the manner laid down in Rule 5 and 6 of
the Central Civil Services (Revised Pay) Rules, 2016, within three
months of the date of issue of these orders or in cases where the
existing scales of pay of the posts held by them are revised subsequent
to the issue of these orders, within three months of the date of such
order.
Fixation / drawal of pay of Personnel / Officers re-employed prior to 01.01.2016 and who were in re-employment as on 01.01.2016:
3
(a) The initial pay of a re-employed Government servant who elects or
is deemed to have elected to be governed by the revised pay structure
from the 1 st day of January, 2016 shall be fixed according to the
provisions of Rule 7 of the C.C.S. (R.P.) Rules, 2016, if he/she is-
(i) a Government servant who retired without receiving a pension, gratuity or any other retirement benefit and
(ii) a retired Government servant who received pension or any other
retirement benefits but which were ignored while fixing pay on
re-employment.
3(b) The initial pay of a re-employed
Government servant who retired with a pension or any other retirement
benefit and whose pay on re-employment was fixed with reference to these
benefits or ignoring a part thereof, and who elects or is deemed to
have elected to be governed by the revised structure from the 1 st day
of January, 2016 shall be fixed in accordance with the provisions
contained in Rule 7 of the Central Civil Services (Revised Pay) Rules,
2016. Pension (excluding the ignorable portion of pension, if any), as
defined in para 3(1) of CCS (Fixation of Pay of Re-employed Pensioners)
Orders, 1986 admissible on relevant date, i.e. date of coming over to
the revised pay structure, effective from 1.1.2016 or later, shall be
deducted from his / her pay in accordance with the general policy of the
Government on fixation and subsequent drawal of pay of re-employed
pensioners.
3(c) In addition to the pay so fixed, the re-employed
Government servant would continue to draw the retirement benefits he /
she was permitted to draw in the prerevised scales, as modified based on
the recommendations of the Seventh Central Pay Commission, orders in
respect of which have been issued separately by the Department of
Pension & Pensioners' Welfare.
3(d) Where a re-employed
Government servant elects to draw his / her pay in the existing pay
structure and is brought over to revised pay structure from a date later
than the 1st day of January, 2016, his /her pay from the later date in
the revised scale shall be fixed in accordance with the provisions of
Rule 11 of the Central Civil Services (Revised Pay) Rules, 2016.
4.
Further, the existing ceiling of Rs. 80,000/- for drawal of pay plus
gross pension on re-employment is enhanced to Rs.2,25,000/-, the maximum
basic pay prescribed for Secretary to the Government of India under
Central Civil Services (Revised Pay) Rules, 2016.
Ignorable part of Pension
5. The President is also pleased to enhance the ignorable part of pension from Rs. 4000/- to Rs. 15,000/- (Rupees Fifteen Thousand) in the case
of Commissioned Service Officers and Civil Officers holding Group 'A'
posts who retire before attaining the age of 55 years. The existing
limits of civil and military pensions to be ignored in fixing the pay of
re-employed pensioners will, therefore, cease to be applicable to cases
of such pensioners as are re-employed on or after 1.1.2016.
6. In
the case of persons who were already on re-employment as on 01.01.2016,
the pay may be fixed on the basis of these orders, with effect from the
date of coming over to the new pay structure, i.e. 01.01.2016 or later,
as per the option exercised by them in terms of para 2 above. In such
case, their terms would be determined afresh as if they have been
re-employed for the first time from such date of coming over to the
new pay structure.
Fixation / drawal of pay of employees appointed on re-employment basis on or after 1stday of January, 2016
7.
Pursuant to the introduction of the system of Pay Matrix vide the
Central Civil Services (Revised Pay) Rules, 2016, the President is
further pleased to amend the relevant provisions of CCS (Fixation of Pay
of re-employed Pensioners) Orders, 1986 in the manner indicated below:
| Existing provision (1986 Orders read with OM dated 5th April 2010) | Revised provision |
| Para 4(a): Re-employed
pensioners shall be allowed to draw pay only in the prescribed pay
scale/pay structure of the post in 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. | Order 4(a):
Re-employed pensioners shall be allowed to draw pay only in the Level
in the revised pay structure applicable to the post in 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: Revised
pay structure in relation to a post will be as defined in Rule 3(ix) of
the Central Civil Services (Revised Pay) Rules, 2016. |
| Para 4(b)(i):
In all cases where the pension is fully ignored, the initial pay on
re-employment 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 1.1.2006 as notified vide Section II,
Part A of First Schedule to CCS (RP) Rules, 2008. | Order 4(b)(i): In
all cases where the pension is fully ignored, the initial pay on
re-employment shall be fixed as per Rule 8 of the Central Civil Services
(Revised Pay) Rules, 2016.Note 1: The case where pension is fully ignored is given in Order 4 (d) below.
Note 2: Pension is fully ignored means that pension is not deducted from pay. |
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-employment shall
be fixed at the same stage as the last basic pay drawn before
retirement. However, he shall be granted the grade pay of the reemployed
post. The maximum basic pay cannot exceed the grade pay of the
reemployed 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 nonignorable 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 band Rs.53000) is re-employed as a Deputy Secretary in an
organization with grade pay of Rs.7600. In this case, on reemployment,
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. | Order 4(b)(ii):
In cases where the entire pension and pensionary benefits are not
ignored for pay fixation, the initial basic pay on re-employment shall
be fixed at the same stage as the last basic pay drawn before
retirement. If there is no such stage in the re-employed post, the pay
shall be fixed at the stage next above that pay. If the maximum pay in
the Level applicable to the post in which a pensioner is reemployed is
less than the last basic pay drawn by him before retirement, his initial
basic pay shall be fixed at such maximum pay of the re-employed post.
Similarly, if the minimum pay in the Level applicable to the post in
which a pensioner is reemployed is more than the last basic pay drawn by
him before retirement, his initial basic pay shall be fixed at such
minimum pay of the re-employed post. However, in all these cases, the
non-ignorable part of the pension shall be reduced from the pay so
fixed.Note 1: Revised pay structure in relation to a post
will be as defined in Rule 3(ix) of the Central Civil Services (Revised
Pay) Rules, 2016.
Note 2: "Basic Pay" in the revised pay structure means the pay drawn in the prescribed Level in the Pay Matrix.
Note 3:
Last pay drawn shall be as per definition of pre-retirement pay in
terms of Order 3 of the CCS (Fixation of Pay of reemployed Pensioners)
Orders, 1986, read with DoPT OM No. 3/19/2009-Estt.(Pay-II) dated 8th
November 2010. |
| Para 4(c):
The re-employed pensioner Order 4(c): No change 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 form of retirement
benefits. | Order 4(c): No change |
Para 4(d):
In the case of persons retiring before attaining the age of 55 years
and who are re-employed, pension (including PEG and other forms of
retirement benefits) shall be ignored 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 Commissioned
Service officers belonging to the Defence Forces and Civilian pensioners
who 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. | Order 4(d): In
the case of persons retiring before attaining the age of 55 years and
who are re-employed, pension (including PEG and other forms of
retirement benefits) shall be ignored for pay fixation to the following
extent:-(i) No change
(ii) In the case of Commissioned service
officers belonging to the Defence Forces and Civilian pensioners who
held Group 'A' posts at the time of their retirement, the first Rs.
15,000/- of the pension and pension equivalent retirement benefits shall
be ignored. |
8. Apart from the above, it is also clarified as under:
(i)
Drawal of increments: Once the initial pay of the re-employed pensioner
has been fixed in the manner indicated above, he will be allowed to
draw normal increments as per the provisions of Rule 9 and 10 of CCS
(RP) Rules, 2016 read with Order 5 of the CCS (Fixation of Pay of
re-employed Pensioners) Orders, 1986.
(ii) Treatment of Military
Service Pay (MSP): MSP is granted to Defence Forces officers/personnel
while they are serving in the Defence Forces. Accordingly, on their
re-employment in civilian organizations, including secret organizations
under the Cabinet Secretariat umbrella, the question of grant of MSP to
such officers/personnel does not arise. However, the benefit of MSP in
the pension 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 as part of pay while working in
civilian organizations. Also, in respect of all those Defence Officers /
personnel, whose pension contains an element of MSP and whose pay on
reemployment is subject to deduction of pension (excluding the
ignorable portion, if any), the element of MSP as contained in the
pension shall be ignored while deducting the pension at the time of pay
fixation. In other words, the MSP portion of the pension need not be
deducted from the pay fixed on re-employment.
(iii) Fixation /
drawal of pay of re-employed persons who retired prior to 1.1.2016 and
who have been re-employed after 1.1.2016, and whose entire pension and
pensionary benefits are not ignored for pay fixation: The pay on
re-employment will be fixed in terms of Order 4(b)(ii) of the CCS
(Fixation of Pay of Re-employed Pensioners) Orders, 1986, as amended
above, after notionally arriving at their revised basic pay at the time
of retirement as if they had retired under the revised pay structure, in
terms of Rule 7 of the Central Civil Services (Revised Pay) Rules,
2016. In all these cases, the nonignorable part of the pension shall be
reduced from the pay so fixed. Regulation of MSP, however, shall be as
per clarification in para 8(ii) above.
(iv) Fixation / drawal of
pay in all other cases: Pay fixation in cases not covered in Order 4(d)
will be as per the general principle of 'pay minus pension', i.e. while
the last pay drawn shall be reckoned for pay fixation, the entire
pension shall be deducted from the pay so fixed. Regulation of MSP,
however, shall be as per clarification in para 8(ii) above.
9.
An undertaking may be obtained from re-employed pensioners who opt /
are deemed to have opted for the revised pay structure to the effect
that, they understand and agree that the special dispensation provided
through this O.M. is subject to the condition of deduction of pension as
admissible to them from time to time, wherever required as per extant
instructions.
10. These instructions shall apply in respect of
those re-employed pensioners who are re-employed against civil posts
carrying pay upto Level 17 of the Pay Matrix of CCS(RP) Rules, 2016.
11.
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.
12. These orders shall take effect from 1.1.2016.
(Pushpender Kumar)
Under Secretary to the Government of India.
Source:
DoPT Orders 2017
