Payment of dearness relief to re-employed pensioners and employed family pensioners

Payment of dearness relief to re-employed pensioners and employed family pensioners

Circular No. 200

No.AT/Tech/263-XXIII

Dated: 12/04/2018

To
The Chief Accountant, RBI Deptt. of Govt. Bank Accounts, Central office C-7, Second Floor, Bandre- Kurla Complex, P B No. 8143, Bandre East, Mumbai-400051
The Director of Treasuries of all State
The Manager CPPC of Public Sector Banks including IDBI
The CDA (PD) Meerut
The CDA, Chennai
The Nodal Officers (ICICl/AXIS/HDFC Bank)…………………………………………….
The Pay & Accounts Officer……..
The Military. & Air Attache, Indian Embassy, Kathmandu, Nepal
The D.P.D.O……………
Post Master, Kathua (J & K) and Camp Bell Bay

Sub: Payment of dearness relief to re-employed pensioners and employed family pensioners: Clarification thereof.
Ref: This office Circular No. 166 dated 07/03/2013, Circular No. 173 dated 07/04/2014 and Circular No. 179 dated 12/05/2015.

Provisions for payment of dearness relief to re-employed pensioners and employed family pensioners is laid down in Ministry of Personnel, Public Grievances & Pensions (Deptt. of Pension & Pensioners Welfare) OM No. 45/73/97-P&PW(G) dated 02/07/1999 issued under this office Important Circular No. 07 dated 13/08/1999. As per the ibid OM, before 18/07/1997, in terms of the existing orders, Dearness Relief to pensioners and family pensioners is to remain suspended during the period a pensioner/family pensioner is re-employed/employed under the Central or State Govt. or in a Statutory Corporation/Company/Body/Bank under them in India or abroad. The above facts are also applicable to the pensioners and family pensioners permanently absorbed in Statutory Corporation/Company/Body/Bank under the Central or State Government.

2. Representations from various agencies as well as pensioners/family pensioners including Pension Disbursing Agencies are being received for clarification on Payment of dearness relief to re-employed pensioners and employed family pensioners. The matter has been examined in this office and following points are clarified.

3. However, w.e.f. 18/07/1997, it has been decided by the Govt that: (i) In so far as re-employed pensioners are concerned, the entire pension admissible is to be ignored at present only in the case of those civilian pensioners who held post below Group 'A' and those ex-servicemen who held post below the ranks of Commissioned Officers at the time of their retirement. 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. (A) For this purpose, the Central Government Departments concerned, including subordinate organizations. State Government, Corporation/Company/Body/Bank etc. employing a Central Government pensioner shall be required to issue of certificate indicating the following:

(a) The re-employed pensioner retired from a civil or military post in the Central Government and was holding a post not included in classified as group 'A' or a post below the rank of commissioned officer in the armed forces;
(b) The entire amount of pension sanctioned by the Central Government was ignored in fixation of the pay on re-employment i.e. no part of the pension was taken into account in such fixation of pay in the pay scale of the post in which the Central government retired/retiree was re-employed/absorbed; and
(c) The pay of the re-employed/absorbee was/is fixed at the minimum of the pay scale of the post in which he had/has been initially re-employed after his retirement from the Central Government.
(d) If the pay fixed at a higher stage because of advance increments and no protection of the last pay drawn is being given.

(B) In the cases where PBOR (below Commissioned Officer) 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 were given, the pay should be treated as fixed at a minimum for the purpose of ignoring the entire pension and allowing Dearness Relief on pension. For benefit of advance increments, the policy for the same should exist in the re-employing department and a copy of such policy matter should be enclosed with the required certificate. But, after granting benefit of advance increments, the last pay drawn by the pensioner is protected, the pensioner in such case will not be entitled for dearness relief on pension.

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