Consequent
upon implementation of NPS from 01.01.2004 DoPT has issued an OM to fix
admissibility and counting of Past Service under OPS and NPS.
No.25011/6/2014-AIS(II)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
North Block, New Delhi-110001
Dated : 04.11.2015
OFFICE MEMORANDUM
Subject: –
Counting
of past service fix admissibility in old pension scheme, new pension
scheme, pay protection and leave accumulation to All India Services
officers: clarification regarding.
*******
I
am directed to say that while introducing the New Pension Scheme from
01/01/2004, amendments to various existing rules including second
proviso to Rule l of the All India Services (Death Cum Retirement
Benefits) Rules, 1958 were made whereby these rules became inapplicable
to those appointed to All India Service and posts from 01/01/2004. The
pension of the member of All India Services appointed on or after
01/01/2004 is regulated by the New Defined Contribution Pension Scheme
(known as the New Pension Scheme), notified by the Ministry of Finance
(Department of Economic Affairs) vide their Notification
No.5/7/2003-ECB2 PR dated 22/12/2003 now rechristened as National
Pension System as per Section 8 of Pension Fund Regulatory Development
Authority Act, 2013. The guidelines for New Pension Scheme in respect of
All India Services was issued by this Department vide letter
No.25014/14/2001-AIS(II) dated 08/09/2009 in terms of the
instruction/guidelines notified by the Ministry of Finance.
2.
Therefore, in view of the above new and changed position, this
Department has received references from the State Governments and member
of services for Clarification in regard to counting of past services
for the purpose of pensionary benefits, pay protection and leave
accumulation. The matter has been examined by this Department in
consultation with the Ministry of Finance (Department of Expenditure)
and Department of Pension and Pensioners’ Welfare and has decided as
under: –
(i) The member of All India Services
who had been an employee in pensionable establishment viz. Central/State
Governments or autonomous bodies as on 31/12/2003 and appointed to All
India Services on or after 01/01/2004 with proper permission shall be
covered under the old non-contribution pension scheme in terms of Office
Memorandum No. 28/30/2004-P&PW(B) dated 28/10/2009,which has been
made applicable Mutatis-Mutandis to members of All India Services by
this Department vide letter No. 25014/1/2013-AIS(II) dated 18/3/2013.
The pay protection and leave accumulation arising out of previous
service would be admissible as per relevant rules of respective All
India Services (Pay) Rules and All India Services (Leave) Rules 1955.
(ii) Those under CPF etc will not be allowed entry into the old pension scheme on appointments from 01/01/2004
(iii)
The member of All India Services who were appointed to government
service in the central/state governments or autonomous bodies, whether
in a pensionable or non-pensionable establishment, on or after
01/01/2004 before being appointed to All India Services shall be
governed by the New Pension Scheme. The pay protection and leave
accumulation arising out of their previous service would be admissible
as per the relevant rules of the respective All India Services (Pay)
Rules and All India Services (Leave) Rules, 1955.
(iv) The
admissibility of counting of past services for the purpose of benefits
as mentioned at point (i) and (iii) above shall be subject to continuous
service and technical resignation.
3.
The State Governments are competent to determine the past service
rendered by the member of service for such benefits as mentioned above.
The service rendered by a member of All India Services before his
appointment to the service under the Central Government or a State
Government will count as continuous service for the said benefits
subject to the fulfilment of the specific conditions provided in the All
India Services (Leave) Rules, 1955 and the respective All India
Services (Pay) Rules. Approval of the Central Government is not
necessary for counting the previous service for such benefits. In such
cases the Government of the State on whose cadre the member of service
is borne/the Accountant General concerned, will have to take necessary
action in consultation with the Central Department or the State
Government, if the officer had worked under the Central Government or
another State Government, as the case may before joining the All India
Services, to count such service as qualifying service for the aforesaid
benefit. If any clarification is required or condonation of break in
service is involved, a reference may be set to the Department of
Personnel and Training in the case of members of the Indian
Administrative Services, the Police Division of the Ministry of Home
Affairs in the case of Indian Police Service and the Ministry of
Environment, Forest and Climate Change in the case of members of
Indian Forest Service.
(Rajiv Jain)
Under Secretary to the Government of India
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DoPT OM No.25011/6/2014-AIS(II) dated 04.11.2015
