Grant of annual increment due on 1st July to the employees retiring on 30th June of the year

A person who retires on the last working day would not be entitled for any increment falling due on the next day and payable next day thereafter, because he would not answer the tests in these Rules

File No.PC-VI/2018/ R-I/1 -Part(1)
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

NO. PC V1 / 2018/R-I/1 Pt.

 

New Delhi, dated 21.05.2020

The General Manager
All Indian Railways and Production Units
(As per standard mailing list)

Sub: Grant of annual increment due on 1st July to the employees retiring on 30th June of the year

A number of representations are being received in this office seeking grant of one notional increment as due on 1st July in favour of employee retiring on 30th June before drawing the same, exclusively for the purpose of pensionary benefits.

Also check: 7th Pay Commission Annual Increment

2. As the Railways are aware, the annual increment is granted to railway employees on completion of laid down qualifying service for the purpose. Based on the recommendations of the Sixth Central Pay Commission, as accepted by the Government of India, Railway Services (Revised Pay) Rules, 2008 were notified on the lines of Central Civil Services (Revised Pay) Rules, 2008. As per Rule 10 of above Rules, it was stipulated that there will be a uniform date of annual increment, viz. 1st July of every year and the employees completing 6 months and above in the revised pay structure as on 1 of July will be eligible to be granted the increment. There has been no change in the above rule / extant policy so as to enable grant of increment (notional or actual) on 30th June, where it was due on the following 1st July.

3. In the various representations being received in this office, certain Judgments in the case of Shri Ayyamperumal, an employee of Department of Revenue are being cited. As the details of above court matter and policy decision of concerned nodal departments were not available in this office, the matter was referred to concerned departments of Government of India seeking their advice / guidelines.

4. DOP&T vide their O.M dated 11.11.2019 have stated that the Judgment passed in the case of Shri P. Ayyamperumal is in personam. Further, the judgment pronounced by Hon’ble High Court of Madras in P. Ayyamperumal case, as endorsed by Hon’ble Supreme Court, is based on the decision in the case of M. Balasubramaniam, which was related to Fundamental Rules of State Govt. However Central Government employees are governed by Central Government Rules. Further, Hon’ble High Court of Andhra Pradesh at Hyderabad in C. Subbarao case has inter-alia observed that “A person who retires on the last working day would not be entitled for any increment falling due on the next day and payable next day thereafter, because he would not answer the tests in these Rules.” A copy of DOP&T O.M dated 11.11.2019 is enclosed herewith.

5. The Railways are therefore advised to take further necessary action to dispose off the pending representations on the issue based on above position and advice of DOP&T. The pending court cases may also be defended accordingly. Further, in case any clarification / inputs are required relating to railway Fundamental Rules and Railway Pension Rules, Finance (Estt.) dte. may also please be consulted being the nodal directorate on these aspects. This issues with the approval of DG/HR, Railway Board.

DA: As above

(U. K. Tiwari)
Joint Director, Pay Commission
Railway Board

Retired on 30th June is eligible for Increment annual interest rate of 6%

Retired on 30th June is eligible for Increment Benefit with an annual interest rate of 6 per cent - Madhya Pradesh High Court Order - Notional Increment on retirement

The High Court Of Madhya Pradesh
WP-18030-2019

RAJENDRA PRASAD TIWARI
Vs
THE STATE OF MADHYA PRADESH

Jabalpur, Dated : 03-12-2019

Shri Prashant Singh, learned senior counsel assisted by Shri Anshul Tiwari, learned counsel for the petitioner.
Shri Deepak Kumar Singh, learned Government Advocate for the respondents-State.

Heard.

The petitioner has filed this petition under Article 226 of the Constitution of India seeking following relief:

(i) To issue a writ in the nature of mandamus by directing the respondents to pay the annual increment fell due on 01.07.2015 to the petitioner.
(ii) To direct the respondents to pay the annual increment i.e. pay scale of 20440-5400 and arrears due from 01/07/2015 with interest of 6% per annum.
(iii) To grant any other relief, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case including cost of the litigation in favour of the petitioner.

On 30.09.2019, learned counsel for the respondents was granted time to seek instructions as to how the petitioner can be refused the benefit of grant of annual increment which is to be added on 1st of July of every year, but, no response has been filed.

Also check: Notional Increment on retirement 30th June DoPT - Madras High Court Order

The petitioner was retired from service w.e.f. 30.06.2015. The increment, which was to be granted on 1st of July, 2015 was denied to him on the ground that he retired on 30.06.2016 and was not in service on 1st of July, 2015.

Learned counsel for the petitioner has relied upon a decision of the Madras High Court in the case of P. Ayyamperumal vs. The Registrar, Central Administrative Tribunal and others-WP No.15732/2017 decided on 15.09.2017, which was later on affirmed by the Supreme Court. Considering the law laid down by the Division Bench of the Madras High Court it is clear that the petitioner cannot be denied the increment which was due on 01.07.2015 merely because he got retired on 30.06.2015, since he has completed full years of service and was eligible to get the said increment. Since the case on which the petitioner is placing reliance is squarely covered with the case of the petitioner, nothing is required to be adjudicated in this petition.

Accordingly, the petition is allowed directing respondents to extend the benefit of annual increment to the petitioner which was due on 01.07.2015 and accordingly the retiral dues of the petitioner be revised and he be also paid arrears within a period of three months from submitting certified copy of this order.

Also read: High Court Order transferring NPS Subscription into GPF account

Accordingly, this petition stands allowed and disposed of.

(SANJAY DWIVEDI) JUDGE
RAGHVENDRA

Madras High Court Order - Notional Increment on retirement 30th June DoPT

Madras High Court Order - Notional Increment on retirement 30th June DoPT

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.11.2013 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR Writ Petition No.28488 of 2013 M.P.No.1 of 2013 M. Murugan … Petitioner Vs. 1. The Co-operative Sub Registrar/Field Officer cum Surcharge Enquiry Officer, Madhanur, Gudiyatham Taluk, Vellore District. Court under Para 14 has explained rem & persona judgements

January 25, 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.11.2013
CORAM:

THE HONOURABLE MR.JUSTICE S.MANI KUMAR Writ Petition No. 28488 of 2013
M.P.No.1 of 2013 M.MuruganVs. The Co-operative Sub Registrar / Field Officer cum Surcharge Enquiry Officer, Madhanur, Gudiyatham Taluk, Vellore District.

In the present writ petition, it is the case of the petitioner that as he had not opposed or challenged the surcharge proceedings initiated by the then Co-operative Sub Registrar / Field Officer, Jolarpet, Mr.M.M.Subramanian, the judgment rendered in W.P.No.15758 of 2006, dated 22.06.2012, can be treated only as a “judgment in personam” and not as “judgment in rem”. In C.L. Pasupathy v. Engineer in Chief (WRO) reported in 2009 (2) MLJ 491, this Court has considered the expressions, “judgment in ‘in rem’ or a judgment ‘in personam'”, as follows: Read further under Para 14 in main judgement to understand Judgement in rem & Judgement in Persona .

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.11.2013

CORAM

THE HONOURABLE MR.JUSTICE S.MANIKUMAR
Writ Petition No.28488 of 2013 M.P.No.1 of 2013
M.Murugan … …………………………..Petitioner
Vs.

1. The Co-operative Sub Registrar/Field Officer cum Surcharge Enquiry Officer, Madhanur, Gudiyatham Taluk, Vellore District.
2. The President, Chinnakallupalli Primary Agricultural Co-operative Bank,
   Chinnakallupalli Village, Vaniyambadi Taluk, Vellore District.
3. The Deputy Registrar of Co-operative Societies,
   Tirupattur Circle, Tirupattur, Vellore District. ……… Respondents

Writ Petition filed under Article 226 of Constitution of India, praying for a Writ of Certiorari, to call for the records, relating to the surcharge show cause notice, Tha Thi 2/2013-14 Sa.Pa. dated 25.09.2013 of the 1st respondent, issued under Section 87 of the Tamil Nadu Co- operative Societies Act, 1983.

For Petitioner : Mr.S.Venkataraman
For Respondents : Mr.L.P.Shanmughasundaram,
Spl. Govt. Pleader (Co-op.)

ORDER

Being aggrieved by the notice in the surcharge proceedings, made in Tha Thi 2/2013-14 Sa.Pa. Dated 25.09.2013, of the Co-operative Sub Registrar / Field Officer cum Surcharge Enquiry Officer, Madhanur, Gudiyatham Taluk, Vellore District, 1st respondent herein, has issued under Section 87 of the Tamil Nadu Co-operative Societies Act, 1983 (hereinafter referred to as “the Act”), calling upon the petitioner, the erstwhile Sub-Registrar, Chinnakallupalli Primary Agricultural Co- operative Bank, Chinnakallupalli Village, Vaniyambdi Taluk, Vellore, to submit his explanation within 15 days from the date of notice, the present writ petition has been filed.

2. According to the petitioner, he had worked as Sub-Registrar in the above said Bank, for the period between 26.07.2001 and 01.07.2003 and thereafter, between 25.11.2003 and 13.04.2004. An enquiry under Section 81 of the Act came to be ordered by the Deputy Registrar, Tirupattur Circle, on 25.01.2005 and pursuant to the report, dated 03.08.2005, a show cause notice, dated 18.04.2006, has been issued in the Surcharge Proceedings, by one Mr.M.M.Subramanian, the then Co-operative Sub Registrar / Field Officer, Jolarpet. The petitioners and others were alleged to have failed to carry out proper supervision, which enabled the Secretary of the Society to misappropriate Rs.1,02,980/-.

Also check: One notional increase for retired employees on 30 June after the completion of 1 year

3. The petitioner has further submitted that he was summoned to appear for an enquiry on 25.05.2006, by a memo, dated 18.05.2006, by the Enquiry Officer. On receipt of the same, the petitioner has sent a representation, seeking production of the supporting materials, to enable him to submit his explanation. He has appeared in the enquiry on 25.05.2006 and submitted a detailed representation, demanding documents.

4. Thereafter, the Enquiry Officer has issued a fresh summons, posting the enquiry on 31.01.2006. According to the petitioner, notice of enquiry was received by the petitioner on 31.05.2006 and hence, he could not attend the enquiry, on the fixed date. Therefore, he sent a representation on 01.06.2006 and sought for an alternative date of enquiry. Now, after nearly seven years, a fresh show cause notice, dated 25.09.2013, has been issued by the 1st respondent.

5. Assailing the correctness of the impugned notice, Mr.S.Venkataraman, learned counsel for the petitioner submitted that the alleged occurrence was between the period 2001 and 2004, when the petitioner was deputed to work as the Special Officer. According to him, a fresh surcharge proceedings has been initiated only on 25.09.2013, after a lapse of seven years and therefore, no action can be taken, as per the 1st proviso to Section 87 of the Act.

6. Learned counsel for the petitioner further submitted that citing the order of this Court made in W.P.No.15758 of 2006, dated 22.06.2012, surcharge proceedings are now reviewed. The above said writ petition, came to be allowed, setting aside the surcharge proceedings with liberty to hold a fresh enquiry, with a further condition that the petitioner therein, should not raise the plea of limitation.
According to him, the order made in the above writ petition, is not a “judgment in rem” and it should be read as “judgment in personam” and therefore, it can be applied only to the petitioner therein, and should not have been extended to the other delinquents.

7. It is the contention of the learned counsel for the petitioner that the petitioner has not challenged the earlier proceedings, on the grounds, including bias or mala fide, raised by the writ petitioner in W.P.No.15758 of 2006 and that there was no order, preventing the enquiry officer to proceed against the petitioner and other delinquents. In the above said circumstances, 1st proviso to Section 87, is attracted and therefore, the present impugned proceedings have to be set aside. Excepting the above, no other points are urged by the learned counsel for the petitioner.

Heard the learned counsel for the petitioner as well as Mr.L.P.Shanmugasundaram, learned Special Government Pleader (Co- operatives) and perused the materials available on record.
8. Before adverting the facts of the case, Section 87 of the Tamil Nadu Co-operative Societies Act, 1983, is extracted:

“87. Surcharge- (1) Where in the course of an audit under section 80 or an inquiry under section 81 or an inspection or investigation under section 82 or inspection of books under section 83 or the winding-up of a society, it appears that any person who is or was entrusted with the organisation or management of the society or any past or present officer or servant of the society has misappropriated or fraudulently retained any money or other property or been guilty of breach of trust in relation to the society or has caused any deficiency in the assets of the society by breach of trust or wilful negligence or has made any payment which is not in accordance with this Act, the rules or the by-laws the Registrar himself or any person specially authorised by him in this behalf, of his own motion or on the application of the board, liquidator or any creditor or contributory may frame charges against such person or officer or servant and after giving a reasonable opportunity to the person concerned and in the case of a deceased person, to his representative who inherits his estate, to answer the charges, make an order requiring him to repay or restore the money or property or any part thereof with interest at any such rate as the Registrar or the person authorised as aforesaid thinks just or to contribute such sum to the assets of the society by way of compensation in respect of the misappropriation, misapplication of funds, fraudulent retainer, breach of trust or wilful negligence or payments which are not in accordance with this Act, the rules or the by-laws as the Registrar or the person authorised as aforesaid thinks just:
Provided that no action shall be commenced under this sub-section after the expiry of seven years from the date of any act or omission referred to in this sub-section.
Provided further that the action commenced under this sub-section shall be completed within a period of six months from the date of such commencement or such further period or periods as the next higher authority may permit but such extended period or periods shall not exceed six months in the aggregate.”

9. Materials on record shows that Mr.M.M. Subramanian, the then Co-operative Sub Registrar / Field Officer, Jolarpet, has issued show cause notices, in Surcharge 12/2005-06 Sa.Pa., dated 18.04.2006, under Section 87 of the Act, to seven persons, including the petitioner, who was the then Sub-Registrar, Chinnakallupalli Primary Agricultural Co- operative Bank, Chinnakallupalli Village, Vaniyambdi Taluk, Vellore.

Also check: MACP FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES

10. Materials on record further discloses that after the receipt of notice, the petitioner seemed to have made representations, dated 20.05.2006 and 25.05.2006 respectively, seeking certain documents. In the said representations, he has also sought for copies of the enquiry report, under Section 81 of the Act and the other documents.

11. Perusal of the order made in W.P.No.15758 of 2006, dated 22.06.2012, shows that one of the co-delinquents, Mr.G.Srinivasan, a former Secretary of the Chinnakallupalli Primary Agricultural Co- operative Bank, Chinnakallupalli Village, Vaniyambdi Taluk, Vellore, had challenged the above show cause notice, issued in Surcharge 12/2005-06 Sa.Pa., dated 18.04.2006, under Section 87 of the Act, on the grounds, inter alia, that surcharge proceedings have been entrusted to a person, who had earlier functioned as a Special Officer of Chinnakallupalli Primary Agricultural Co-operative Bank and requirements of fairness and justice, demand that the surcharge proceedings be conducted by a person, other than the said officer. Bias has been alleged on the then Enquiry Officer, under Section 87 of the Act. Considering the rival submissions, this Court, at Paragraphs 5 to 8, has passed the following orders,

Also check: Retirement guide for a central government employees

“5. Considering the rival submissions, this Court is of the view that though it cannot be stated as a general rule that the officer placed in-charge of the surcharge proceedings necessarily would be prejudiced against the petitioner because he happened to be the special officer during the alleged wrong doing of the petitioner, following the principle that justice should not only be done, but also should be seen to be done, this Court would allow this petition.
6. Accordingly, the writ petition stands allowed and the proceedings 12/2005-06 Sa.Pa., dated 18.04.2006 stand quashed. No costs.
7. It is now open to the second respondent to appoint a fresh officer for the purpose of conducting surcharge proceedings under Section 87 of the Tamil Nadu Co-operative Societies Act, 1983. This Court clarifies that since the proceedings stand delayed owing to the interim order passed by this Court in W.P.No.15758 of 2006, the petitioner now cannot raise any plea under first proviso to Section 87 of the Tamil Nadu Co-operative Societies Act, 1983.
8. This Court directs the respondents to initiate surcharge proceedings afresh in keeping with this order and to complete the same as expeditiously as possible.”

12. It is the further contention of the learned counsel for the petitioner that even assuming that action has been taken well within the period of limitation, continuation of the said action, so taken, can be only with the permission of the higher authorities and in such circumstances, the extended period or periods shall not exceed six months in the aggregate. According to him, initially, action has been taken in the year 2006 by issuance of a surcharge notice and thereafter,there was no progress. As the order made in W.P.No.15758 of 2006,dated 22.06.2012, filed by Mr.G. Srinivasan, is not applicable to the writ petitioner and in the absence of any permission from the higher authorities to continue with the surcharge proceedings, after six months,from the date of commencement, the impugned show cause, has to beset aside ….

Check this: Latest news for pensioners of central govt

25. In the result, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is also closed.

Applicability of Rule 31 of Railway Service (Pension) Rules 1993 for counting service period paid from contingencies for calculation of pension, gratuity on retirement

Applicability of Rule 31 of Railway Service (Pension) Rules 1993 for counting service period paid from contingencies for calculation of pension, gratuity on retirement

Central Government Employees News Latest Update

No. 11/35/2018

Dated: 23/10/2019

The Secretary (E)
Railway Board,
New Delhi

Dear Sir,
Sub: Applicability of Rule 31 of Railway Service (Pension) Rules 1993 for counting of service period paid from contingencies for calculation of pension, gratuity on retirement - reg.

Ref: (i) NFIR’s PNM Item No: 27/2011.
(ii) Railway Board’s letter No. 2016/ E(LR)I/NM1-12 dated 14/12/2016.
(iii) NFIR’s letter No. II/35 Part XIII dated 19/12/2016.
(iv) Railway Board’s letter No. E(NG)II/2014/ CL/RWF/6 PNM - NFIR dated 17/05/2017 .
(v) NFIR’s letter No. 11/35/2018 dated 09/06/2018 &.06/11/2018.
(vi) Railway Board’s letter No. E(NG)II/2014 /RWF/CL/6 PNM-NFIR dated 21/12/ 2018.
(vii) PCPO / RWF’s letter No. RWF/ G0-26/566 dated 08th March, 2019 to Secretary (E), Railway Board.
(viii) Railway Board’s letter No E(NG)II/ 2017/ER/CL/4 dated 15/05/2019 addressed to GM(P) RWF.

Kind attention is invited to the Federation’s demand to consider applicability of Rule No. 31 of Railway Service (Pension) Rules 1993 for counting of service period paid from contingencies for calculation of retirement gratuity in favour of former casual labour who were paid wages for contingency and absorbed subsequently in Rail Wheel Factory, Yelahanka vide NFIR’s Agenda Item No. 27/2011. Federation takes note that though the Railway board vide letter dated 15/05/2019 issued half-baked clarification to RWF Authorities with reference to PCPO, RWF’s letter dated 08th March,2019 without mentioning NFIR PNM Agenda Item pending since the last about eight years since the year 2011.

Read More: Indian railway news for railway employee

In this connection, NFIR re-iterates that the Apex Court in its Judgement / Order in Civil Appeal No. 3938 of 2017 [ arising out SLP (C) No. 23723 of 2015 dated 24th March, 2017] gave following directions (in para 55) for compliance:-

1. the casual worker after obtaining temporary status is entitled to reckon 50% of his services till he is regularized on a regular/temporary post for the purposes of calculation of Pension.
2. the casual worker before obtaining the temporary status is also entitled to reckon 50% of casual service for purposes of pension.
3. Those casual workers who are appointed to any post either substantively or in officiating or in temporary capacity are entiled to reckon the entire period from date of taking charge to such post as per Rule 20 of Rules, 1993.

Federation feels disappointed that the clarification dated 15/05/2019 is inadequate due to the fact that instructions covering above points have not been incorporated for taking action by all Zones/ PUs to settle similarly placed cases including those of RWF, Yelahanka.

NFIR, therefore, requests the Railway Board to consider and issue modified instructions to the General Managers of Zones / PUs & RWF citing NFIR’s PNM meeting discussions.

A copy of the instructions may be endorsed to the Federation.

Yours faithfully,
(Dr.M. Raghavaiah)
General Secretary

Source: NFIR

Important matter of the service period, affecting the Central Government Employees - JCM (Staff Side)

Important matter of the service period, affecting the Central Government Employees - JCM (Staff Side)

NCJCM

Shiva Gopal Mishra
Secretary

Ph: 23382286
National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13-C, Ferozshah Road, New Delhi – 110001
E-Mail: nc.jcm.np@gmail.com

No.NC/ JCM/2019

Dated: September 25, 2019

All Constituents of the JCM (Staff Side)

Dear Comrades,
Sub: Government’s briefing to the PTI on the age of superannuation of the Central Government Employees

Also read: Retirement Age 60 years / 33 years service

There are serious rumours in the air that the Department of Personnel & Training (Government of India) has mooted a proposal in regard to age of superannuation of the Central Government Employees, laying down condition of either 33 years of Qualifying Service or 60 years of age, whichever is earlier. It is also being claimed by several sources that, this proposal has already been sent to the Finance Ministry for their approval.

In this connection, it is clarified that, this has not to be given any cognizance since it is not possible without prior consultation with the JCM (Staff Side), being an important matter of the service condition, affecting the Central Government Employees.

Also check: No Increase or Decrease the Age of Retirement of Central Government Employees

Sincerely Yours,
sd/-
(Shiva Gopal Mishra)
Secretary (Staff Side)
National Council (JCM)

Source: NCJCM

Pensionary Benefits - Indian Navy Personnel Serving Retirement And Pension Officers

Indian Navy Personnel Serving Retirement And Pension Officers

Pensionary Benefits

Introduction
Based on the recommendations of the Vth Pay Commission, the Government has abolished the standard pension of the rank. The normal retiring pension is purely based on two factors i.e. Qualifying Service and Average Monthly Emoluments.

Type of Benefits
If the minimum qualifying service required has been completed officers are eligible for

• Retiring Pension
• Retirement Gratuity

Minimum Qualifying Service
In case officers have not rendered the minimum qualifying service for pension, then they are entitled to

• Retiring Gratuity
• Retirement Gratuity

4. Qualifying Service
It shall mean the actual qualifying service rendered plus a weightage (in years) appropriate to the last rank held (as given subsequently below). The minimum qualifying service (without weightage) to be eligible for retiring pension is 20 years (15 years in case of a late entrant). The maximum qualifying service including weightage reckonable for pensionary benefits is 33 years.

5. Counting of Other Service
Full pre-commissioned service rendered under the Central Government whether in a Civil Department or in the Armed Forces shall be taken in account while working out the Qualifying service for pensionary benefits and determining the minimum Qualifying service for retiring pension.

6. Calculation of Fraction of Year for Qualifying Service
To calculate the length of the Qualifying service, fraction of a year equal to 3 months and above but less than 6 months shall be treated as a completed one half year and reckoned as Qualifying service.

7. Weightage
The object of the weightage for calculating the Retiring Pension is to give the benefit of entitlement to Retiring pension as close as possible to 50% of reckonable emoluments which is the maximum admissible after 33 years of service. The weightage allowed is as follows

Rank	Weightage
Sub Lt/Lt	9 years
Lt Cdr	8 years
Cdr	7 years
Capt (TS)	7 years
Captain (with less than 3 years and 10 months service)	7 years
Captain (with 3 years and 10 months and more service)	5 years
Admiral/ Vice Admiral/ Rear Admiral	3 years

8. Reckonable Emoluments
For the purpose of working out the Retiring Pension the term Reckonable Emoluments means the average of the Pay. Dearness Pay, Non-practising Allowance and the Rank pay and Stagnation Pay, if any, drawn during the 10 months immediately preceding the date of retirement.

9. Quantum of Retiring Pension

• The retiring pension is calculated at 50% of average emoluments. The amount so determined is the retiring pension for 33 years of reckonable qualifying service. For lesser period of reckonable qualifying service, this amount is proportionately reduced. The minimum pension shall not be less than Rupee 1,275/- per month wef 01 Jan 1996.
• Further with effect from 01 Apr 2004, since 50% of Dearness Allowance converted into Dearness Pay is counted for retirement benefits, pension/family pension shall be calculated at 50% and 30% respectively of the pay plus Dearness Pay subject to minimum of Rupee 1,913/- and maximum of 50% and 30% respectively of the highest pay plus Dearness Pay in the Government. The highest pay in the Govt wef 01 Jan 96 is Rupee 30,000/-. The highest pension, as of now, comes to Rupee 22,500/- (i.e. basic pension Rupee 15,000/- + dearness pay Rupee 7,500/- = total pension Rupee 22,500/-).

10. Protection of Retiring Pension
Retiring Pension in the rank of Cdr, Commodore (Captain with 3 years and 10 months , or more service) and Rear Admiral shall in NO CASE be less than the pension admissible to the officer as a Lt Cdr, Captain (with less than 3 years and 10 months service) or as a Commodore, as the case may be, had the officer not been promoted to the higher rank.

11. Retirement/Retiring Gratuity
Please see the details in Chapter IV on Gratuity.

12. Pension Disbursing Authorities
The officers may claim the pension through Govt. Treasury/Pension Payment Masters/ Defence Pension Disbursing Officers. They may also draw the pension through Public Sector Banks, if they so desire. With effect from 09 Jul 05, pensioners can operate the joint account of pension with his/her spouse.

13. Illustration
An illustration showing the procedure for calculation of Retiring Pension is given at appendix H. For a near exact amount of pension and gratuity, officers are advised to browse the NPO website https://www.navpay.gov.in

Source: Indian Navy

Retention of Government Accommodation after retirement till the lifetime in cases related to medical and education of children?

Retention of Government Accommodation after retirement till the lifetime in cases related to medical and education of children?

GOVERNMENT OF INDIA

MINISTRY OF HOUSING AND URBAN AFFAIRS

LOK SABHA

UNSTARRED QUESTION NO: 902

ANSWERED ON: 27.06.2019

Retention of Government Accommodation

Upendra Singh Rawat
Kaushal Kishore
Will the Minister of HOUSING AND URBAN AFFAIRS be pleased to state:-

(a) Whether the Government has any proposal for retention of the Government accommodation by the Central Government servants after retirement, on payment of suitable rent, at least till the lifetime of the Central Government servant, especially in cases related to medical and education of children;

(b) If so, the details thereof; and

(c) If not, the reasons therefor?

ANSWER

THE MINISTER OF STATE (INDEPENDENT CHANRGE) OF THE MINISTRY OF HOUSING AND URBAN AFFAIRS (SHRI HARDEEP SINGH PURI)

(a) No, Sir.

(b) Does not arise in view of reply to (a) above.

(c) As per Rule 40(1)(ii) of Central Government General Pool Residential Accommodation (CGGPRA) Rules, 2017, on retirement, a central Government employee who is an allottee of General Pool Residential Accommodation (GPRA), can retain Government Accommodation for six months on payment of normal license fee.

Source: Lok Sabha

Extending the benefit of financial upgradation under MACPS to Railway School Teachers

Extending the benefit of financial upgradation under MACPS to Railway School Teachers

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(Railway Board)

The issue under consideration is the issue of extending the benefit of financial upgradation under MACPS to Railway School Teachers instead of CAS (Career Advancement Scheme) presently operating for them. This issue has been raised by both the Federations (AIRF and NFIR) and IRPOF. Recently, this issue was also raised in 47th Meeting of NC/JCM held on 13-4-2019, chaired by Cabinet Secretary.

Sub: Extending the benefit of financial upgradation under MACPS to Railway School Teachers.

In the above context, it is stated that Railway School Teachers have all along been treated at par with teachers under Ministry of Human Resources and Development in every respect viz. recruitment qualification, pay structure, age of retirement etc. including Career Advancement Scheme (CAS). CAS was introduced in year 1988 based on recommendations of Dr. Chattopadhyaya Committee for the teachers under Ministry of Human Resources and the same was also adopted in respect of Railway Teachers which provides for grant of two financial upgradation on completion of 12 months 24 years of service with reference to the Recruitment Grade, in certain specified Pay Scales/ Grades called Senior Scale and Selection Scale respectively.

As Railway School Teachers are common category and their service conditions etc. are regulated as per identical terms and conditions as the teachers available under Ministry of Human Resource and Development (M/o HRD), therefore, CAS Scheme was continued in their respect instead of implementation of ACP/ MACP Scheme. On receipt of some representations / references stating that the MACP Scheme is being implemented in respect of teachers working under Ministry of Defence, Department of Space, a reference was made to M/o HRD vide Board's letter dated 18.12.2017, (followed by reminders dated 27.06.2018 and 27.01.2019) seeking clarification as to whether MACP Scheme can be implemented in respect of Railway School Teachers. M/o HRD vide their letter dated 26/11/2018 have advised that Railway Board is Competent Authority to decide the terms and conditions of service of Railway School Teachers and Department of, Personnel and Training may be approached for further clarifications on MACP provisions.

Meanwhile a copy of OM dated 26-4-2019 of Ministry of Human Resource Development enclosing a copy of Speaking Order dated 18-4-2019 passed in compliance of order dated 15-11-2018 by CAT/ Lucknow in OA No. 172/2014 for extension of MACP benefit to teachers under Kendriya Vidyalayas have been received. On perusal of the said Speaking Order it has been observed as under:

a) The Association of Kendriya Vidyalaya teachers had chosen to remain in the existing Scheme of three tier pay scales (i.e. CAS) and accordingly MHRD conveyed KVS that 'Government has decided not to extend ACP Scheme to the teachings staff of KVS and that they would continue in the existing scheme;

b) On implementation of MACP Scheme, the MHRD decided to extend the same to non-teaching staff of KVS;

c) MHRD considered the issue of extension of MACP benefit to teaching category of KVS in consultation with DOPT who in turn further consulted Department of-Expenditure  and taking note of the fact that one of the conditions for extending the benefit of MACPS was that the earlier ACP Scheme should have been adopted by the concerned authority and that the KVS itself had chosen not to opt for earlier ACP Scheme for their teaching staff, the proposal for grant of MACPS to teachers under KVS was not agreed by Deptt. of Expenditure;

d) In two cases viz. OA No. 3855/2015 before CAT/ PBNew Delhi and OA No. 515/2013 before CAT/ Ernakulam, the Tribunals have dismissed the claim for extension of MACP benefit to teachers under Kendriya Vidyalaya Sangatthan;

e) In view of the position stated in para (a) to (d) above, MHRD vide its Speaking order dated 18-4-2019 have declined the claim of KVS teachers for grant of MACP benefit.

3. It is pertinent to mention that benefit of financial upgradation accruing under CAS viz- a-viz MACP was examined in detail and it has been observed that MACP Scheme is broadly beneficial than the CAS presently being implemented for the Railway School Teachers as at the time of grant of financial upgradation under CAS, benefit of pay fixation is not allowed whereas in case of MACP, benefit of pay fixation is allowed an admissible in cases of normal promotion.

4. In view of the above and in terms of para 13 of DOP&T's OM dated 19-5-2009 it is proposed that CAS may be replaced by MACPS for grant of financial upgradation to the Railway School teachers.

5. This has the approval of Board (MS and, FC)

(Subhankar Dutta)

Deputy Director, pay Commission-V

Railway Board

Source: NFIR

Extending the benefit of financial upgradation under MACPS to Railway School Teachers

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)

The issue under consideration is the issue of extending the benefit of financial upgradation under MACPS to Railway School Teachers instead of CAS (Career Advancement Scheme) presently operating for them. This issue has been raised by both the Federations (AIRF and NFIR) and IRPOF. Recently, this issue was also raised in 47th Meeting of NC/JCM held on 13-4-2019, chaired by Cabinet Secretary.

Sub: Extending the benefit of financial upgradation under MACPS to Railway School Teachers.

In the above context, it is stated that Railway School Teachers have all along been treated at par with teachers under Ministry of Human Resources and Development in every respect viz. recruitment qualification, pay structure, age of retirement etc. including Career Advancement Scheme (CAS). CAS was introduced in year 1988 based on recommendations of Dr. Chattopadhyaya Committee for the teachers under Ministry of Human Resources and the same was also adopted in respect of Railway Teachers which provides for grant of two financial upgradation on completion of 12 months 24 years of service with reference to the Recruitment Grade, in certain specified Pay Scales/ Grades called Senior Scale and Selection Scale respectively.

As Railway School Teachers are common category and their service conditions etc. are regulated as per identical terms and conditions as the teachers available under Ministry of Human Resource and Development (M/o HRD), therefore, CAS Scheme was continued in their respect instead of implementation of ACP/ MACP Scheme. On receipt of some representations / references stating that the MACP Scheme is being implemented in respect of teachers working under Ministry of Defence, Department of Space, a reference was made to M/o HRD vide Board's letter dated 18.12.2017, (followed by reminders dated 27.06.2018 and 27.01.2019) seeking clarification as to whether MACP Scheme can be implemented in respect of Railway School Teachers. M/o HRD vide their letter dated 26/11/2018 have advised that Railway Board is Competent Authority to decide the terms and conditions of service of Railway School Teachers and Department of, Personnel and Training may be approached for further clarifications on MACP provisions.

Meanwhile a copy of OM dated 26-4-2019 of Ministry of Human Resource Development enclosing a copy of Speaking Order dated 18-4-2019 passed in compliance of order dated 15-11-2018 by CAT/ Lucknow in OA No. 172/2014 for extension of MACP benefit to teachers under Kendriya Vidyalayas have been received. On perusal of the said Speaking Order it has been observed as under:

a) The Association of Kendriya Vidyalaya teachers had chosen to remain in the existing Scheme of three tier pay scales (i.e. CAS) and accordingly MHRD conveyed KVS that 'Government has decided not to extend ACP Scheme to the teachings staff of KVS and that they would continue in the existing scheme;

b) On implementation of MACP Scheme, the MHRD decided to extend the same to non-teaching staff of KVS;

c) MHRD considered the issue of extension of MACP benefit to teaching category of KVS in consultation with DOPT who in turn further consulted Department of-Expenditure and taking note of the fact that one of the conditions for extending the benefit of MACPS was that the earlier ACP Scheme should have been adopted by the concerned authority and that the KVS itself had chosen not to opt for earlier ACP Scheme for their teaching staff, the proposal for grant of MACPS to teachers under KVS was not agreed by Deptt. of Expenditure;

d) In two cases viz. OA No. 3855/2015 before CAT/ PBNew Delhi and OA No. 515/2013 before CAT/ Ernakulam, the Tribunals have dismissed the claim for extension of MACP benefit to teachers under Kendriya Vidyalaya Sangatthan;

e) In view of the position stated in para (a) to (d) above, MHRD vide its Speaking order dated 18-4-2019 have declined the claim of KVS teachers for grant of MACP benefit.

3. It is pertinent to mention that benefit of financial upgradation accruing under CAS viz- a-viz MACP was examined in detail and it has been observed that MACP Scheme is broadly beneficial than the CAS presently being implemented for the Railway School Teachers as at the time of grant of financial upgradation under CAS, benefit of pay fixation is not allowed whereas in case of MACP, benefit of pay fixation is allowed an admissible in cases of normal promotion.

4. In view of the above and in terms of para 13 of DOP&T's OM dated 19-5-2009 it is proposed that CAS may be replaced by MACPS for grant of financial upgradation to the Railway School teachers.

5. This has the approval of Board (MS and, FC)

(Subhankar Dutta)
Deputy Director, pay Commission-V
Railway Board

Source: NFIR

VOLUNTARY RETIREMENT SCHEME FOR CENTRAL GOVERNMENT EMPLOYEES

VOLUNTARY RETIREMENT SCHEME FOR CENTRAL GOVERNMENT EMPLOYEES

VOLUNTARY RETIREMENT SCHEME APPLICABLE TO CENTRAL GOVERNMENT EMPLOYEES – UPDATED PROCEDURE AND INSTRUCTIONS FOR VRS

Introduction:

The Government has extended facility to Government servants to take retirement from service voluntarily with full pensionary benefits before attaining the age of superannuation.

Employee has Right to take Retirement:

The Administrative Reforms Commission had recommended in its report on Personnel Administration, as follows
“59(1): A Civil servant may be allowed to retire voluntarily if he has completed 15 years of service and given proportionate pension and gratuity.”
The above recommendation of the Administrative Reform Commission was considered by Government and it has been decided that Government servants may be allowed to retire voluntarily after 20 years of qualifying service on proportionate pension and gratuity with a weightage of up to 5 years towards qualifying service where applicable, subject to certain condition.

Entry in Service	Age of Voluntary Retirement
Group A and Group B officers who had entered service before attaining the age of 35 Years	After attaining the age of 50 years
Group A and Group B officers other than above and All Group C employees	After attaining the age of 55 year
All employees	On completion of 30 years of qualifying Service
Scientist or technical experts who is : (i) On assignment under the Indian Technical and Economic Co-operation (ITEC) programme of Ministry of External Affairs and other aid programmes (ii) Posted abroad in foreign based office of a ministry /Department (iii) Specific contract assignment to a foreign government	After having been transferred to India resumed the charge of the post in India and served for a period of not less than one Year with fulfilling other conditions.

The following instructions will regulate the voluntary retirement of Central Government Servants pursuance of the Government decision
(i) Government servants who have put in not less than 20 years qualifying service may, by giving notice of three months in writing to the appointing authority, retire from service voluntarily. The scheme is purely voluntary the initiative resting with the Government servant himself. The Government does not have the reciprocal right to retire Government servant on its own, and or this scheme.
(ii) The benefit of retiring pension will be admissible to Government servant retiring under this scheme.
(iii) A notice of less than three months may also be accepted by the appointing authority in deserving cases, with the concurrence of the Ministry of Finance (Department of Expenditure).
(iv) If a Government servant retires under the Scheme of voluntary retirement while he is on leave not due, without returning to duty, the retirement shall take effect from the date of commencement of the leave not due and the leave salary paid in respect of such leave not due shall be recovered as provided in Rule 31 of the CCS (Leave) Rules, 1972.
(v) Before a Government servant gives notice of voluntary retirement with reference to these instructions, he should satisfy himself by means of reference to the appropriate administrative authority that he has, in fact, completed 20 years’ service qualifying for pension.
Note: Appropriate authority means the authority which has the power to make substantive appointments to the post or service from which the Government servants is required or wants to retire.
(vi) A notice of voluntary retirement may be withdrawn subsequently only with the approval of the appointing authority provided the request for such withdrawal is made before the expiry of the notice.
(vii) A notice of voluntary retirement given after completion of 20 years’ qualifying service will required acceptance by the appointing authority if the date of retirement on the expiry of the notice would be earlier than the date on which the Government servant concerned could have retired voluntarily under the existing rules applicable to him. ( e.g. FR 56(k), Rule 48 of the Pension Rules, Article 459(1) of SSRs or any other similar rules) such acceptance may be generally given in all cases except those (a) in which disciplinary proceedings are pending or contemplated against the Government servant concerned for the imposition of a major penalty and the disciplinary authority, having regard to the circumstances of the case, is of the view that the imposition of the penalty or removal or dismissal from service would be warranted in the case for (b) in which persecutions is contemplated or may have been launched in a Court of Law against the Government servant concerned. If it is proposed to accept the notice of voluntary retirement even in such cases, approval of the Minister-in-charge should be obtained in regard to Group ‘A’ and Group ‘B’ Government servants and that of the Head of the Department in the cases of Group ‘C’ and Group ‘D’ Government servants. Even where the notice of voluntary retirement given by a Government servant requires acceptance by the appointing authority, the Government servant giving notice may presume acceptance and the retirement shall be effective in terms of the notice unless the competent authority issues an order to the contrary before the expiry of the period of notice.
(viii) While granting proportionate pension to a Government servant retiring voluntarily under this scheme, weightage of upto five years would be given as an addition to the qualifying service actually rendered by him. The grant, of weightage of upto five years will, however, subject to the following conditions:
a) The total qualifying service after allowing the weightage should not, in any event exceed 30 years’ qualifying service and
b) The total qualifying service after giving the weightage should not exceed the qualifying service which he would have had, if he had retired voluntarily at the lowest age/ minimum service limit applicable to him for voluntary retirement prescribed under FR 56(k) or article 459 (1) of the CSRs or Rule 48 of the CCS (Pension) Rules or any other similar rule applicable to him.

ILLUSTRATIONS:
(a) If a Government servants who could be prematurely retired under FR 560)(1) or could have voluntarily retired under FR 56(k) seeks voluntary retirement under this scheme after he has attained the age of 47 years and has rendered 22 years of service, the weightage in pension would be limited only upto three years.
(b) If a Government servants who could be prematurely retired under FR 56 G) (ii) or could have voluntarily retired under FR 56 (k) seeks voluntary retirement under this scheme after he has attained the age of 51 years and has rendered 24 years of service, the weightage in pension would be admissible upto four years.
(c) If a Government servants belonging to Group ‘C’ who could have voluntary retired under Rule 48 of the CCS (Pension) Rules, 1972 seeks voluntary retirement under this scheme after he has rendered 28 years of service and has attained the age of 48 years, the weightage in pension would be admissible upto five years.

(ix) The weightage given under this scheme will be only an addition to the qualifying service for purpose of pension and gratuity. It will not entitle of pension the Government servants retiring voluntarily to any additional fixation of pay for purposes of calculating the pension and gratuity which will be based on the actual emoluments calculated with reference to the date of retirement.
(x) The amount of pension to be granted after giving the weightage will be a subject to the provisions of Rule 6 of the CCS (Pension) Rules, 1972. The pension will also be subject to the provisions of Rules 8 and 9 of these Rules.
(xi) The scheme of voluntary retirement under these orders will not apply to those who retire voluntarily under the provisions of Rule 29 of the CCS (Pension) Rules, 1972.
(xii) The scheme of voluntary retirement under these orders will also not apply to those Government servants on deputation to autonomous bodies/ public undertakings etc. The absorption of Government servants on deputation to public undertakings/ autonomous bodies etc. in such autonomous bodies/ public undertakings etc. and the grant of retirement benefits to them in respect of their service under government will continue to be governed by the separate set of instructions issued by the Ministry of Finance in this regard.
(xiii) A Government servants giving notice of voluntary retirement may also apply, before the expiry of the notice, for the leave standing to his credit which may be granted to him to run concurrently with the period of notice. The period of leave, if any, extending beyond the date of retirement on expiry of notice but not extending beyond the date on which the Government servants should have retired on attaining the age of superannuation may be allowed as terminal leave as per Rule 39*6) of the CCS (Leave) Rules, 1972 .the leave salary for such terminal leave shall be payable in accordance with the provisions of the para 5 of Ministry of Finance (Department of Expenditure) O.M. No. 16(1)E-IV(A)/76 dated the 23.12.1976.
(xiv) Group ‘A’ Government servants retiring voluntarily under this scheme would continue to be subject to the provisions in the Pension Rules relating to post retirement commercial employment. However, in their cases, permission for the post retirement commercial employment will be granted more liberally than in the case of other Govt. servants retiring under the provisions of FR 56 or Rule 48 of the Pension Rules.
[DP&AR OM No. 25013/7/77 Estt.-(A), dated 26-08-1977]

Special Provisions to Accept Notice for VRS under FR 56(k) or 56 (m)

The provisions of Fundamental Rule 56(k), 56(m) and Rule 48 of CCS (Pension) Rules, 1972 relating to acceptance of request of voluntary retirement have been revisited as per the Central Administrative Tribunal, Principal Bench judgement dated 4th August, 2010 in O.A. No.1600/2009 filed by Shri Gopal Singh Purohit v / s UOI & Others to bring them at par with each other.
The matter has ‘been examined in consultation with Department of Pension and Pensioners Welfare and the Ministry of Law. FR 56(k) and 56 (m) have been amended vide Extra Ordinary Gazette Notification No. GSR 27(E), dated 17 January 2014. It shall be open to the appropriate authority to withhold permission to a Government servant who seeks to retire under FR 56(k) or 56 (m) in the following circumstances:

• If the Government servant is under suspension ; or
• If a charge sheet has been issued and the disciplinary proceedings are pending; or
• If judicial proceedings on charges which may amount to grave misconduct, are pending.

Explanation: For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report of a police officer, of which the Magistrate takes cognizance, has been made or filed in a criminal proceedings.
[DOPT OM No. No.25013/3/2010-Estt (A), dated 27-02-2014]

Request for Voluntary retirement from persons suffering from disability

The undersigned is directed say that vide Department of Personnel and Training’s OM No.18017 /1/2014-Estt.(L), dated 25 February 2015 certain clarifications regarding treatment of leave and absence of disabled Government servants have been issued.
Instances have come to notice where Government servants apply for voluntary retirement under various provisions like Rules 38, Rule 48 and 48A of CCS (Pension) Rules, 1972 or Rule 56 of the Fundamental Rule on account of hardships faced by them due to a disability, as they are unaware of the protection provided by the Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD Act). Section 47 of the PWD Act, 1995 is reproduced below for reference:
“Non-discrimination in Government Employment-(1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service.
Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits; provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.
No promotion shall be denied to a person merely on the ground of his disability; provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.
The issue had come up in Bhagwan Dass & Anr v / s Punjab State Electricity Board (2008) 1 SCC 579, decided by the Hon’ble Supreme Court where the employee who had during his service suffered from blindness, had applied for voluntary retirement. The Hon’ble Supreme court has observed that the Petitioner was not aware of any protection that the law afforded him and apparently believed that the blindness would cause him to lose his job, which was the source of livelihood of his family. In those circumstances, it was the duty of the superior officers to explain to him the correct legal position and to tell him about his legal rights.
Keeping in view the provisions of the Section 47 of the PWD Act, 1995 and the above mentioned judgement, it has been decided that whenever a Government servant seeks voluntary retirement citing medical grounds, or when the said notice has been submitted due to a disability, the administrative authorities shall examine as to whether the case is covered under Section 47 of PWD Act, 1995. In case the provisions are applicable, the Government servant shall be advised that he/ she has the option of continuing in service with the same pay scale and service benefits.
In case a disabled Government servant reconsiders his decision and withdraws the notice for voluntary retirement, his case shall be dealt with under the provisions of the Section 47 read with the DOPT OM dated 25 February 2015 mentioned above. If however, in spite of being so advised, such Government servant still wishes to take voluntary retirement, the request may be processed as per the applicable rule.
[DOPT OM No.25012/1/2015-Estt (A-IV), dated 19-05-2015]

Special Voluntary Retirement Scheme for Surplus Central Government Employees

The Expenditure Reforms Commission (ERC) set up by the Government of India has suggested a liberal voluntary Retirement Scheme (VRS) for the employees’ declared surplus. This recommendation, contained in Commission’s second Report on ‘ Optimising Government’s Staff Strength – Some General issues’ has been considered carefully and the Central Government have decided to introduce a special Voluntary Retirement Scheme (VRS) as per details given herein under for the permanent employees declared surplus in any Ministry /Department as a consequence of one or more of the following:-

• Implementation of decisions of the Cabinet regarding restructuring of Ministries /Departments;
• Implementation of the recommendations of the Expenditure Reforms Commission;
• Implementation of the decision of a Ministry /Department relating to downsizing/ rightsizing including, Inter alia, restructuring of an organization, transfer of an activity to a State Government, Public Sector undertaking or other Autonomous Organisation, discontinuation of an ongoing activity and introduction of changes in technology; or
• Implementation of work study reports undertaken by the Staff Inspection Unit of the Ministry of Finance or any other body set up by the Central Government or the Ministry /Department concerned.

The features of the Special VRS for the employees declared surplus are as under:-
(a) All permanent employees rendered surplus irrespective of their age and qualifying service can opt for the scheme.
(b) An optee of Special VRS will be entitled to receive an ex-gratia’ amount equal to basic pay plus dearness allowance for the number of days worked out on the basis of length of service @ 35 days for each completed year and 25 days for each remaining year. For any part of a year, the number of days, for ex-gratia amount, will be worked out on the basis of 365 days in a year. The ex -gratia amount will be further subject to the following conditions:

• i. total number of years to be counted for payment of ex-gratia will not exceed 33 years;
• No weightage of additional service will be given for the purpose of calculation of ex-gratia;
• The ex-gratia will be subject to a minimum of Rs.25000 or 250 days emoluments, whichever is higher;
• The ex-gratia amount should not exceed the sum of the basic pay plus DA that the employee would draw at the prevailing level for the balance of the period of service left before superannuation.
• The ex-gratia amount will be paid in lump-sum;
• The ex-gratia amount upto Rs 5.00 lakhs will be exempted from Income Tax;

(c) A weightage of five years to the qualifying service shall be given under CCS (Pension-) Rules, 1972 to such permanent surplus employees who have rendered a minimum of 15 years of qualifying service on the date they are declared surplus. However, as provided in rule 29 of CCS (Pension) Rules, 1972, the qualifying length of service after taking into account the aforesaid weightage should not be more than the service he would have rendered had he retired on the date of his superannuation.
(d) Encashment of Earned Leave accumulated in the date of relief as per CCS (Leave) Rules, 1972;
(e) Payment of savings element with interest in the Central Government Employees Group insurance Scheme as per rules;
(f) TA/DA as on retirement for self and family for settling down anywhere in India as per Travelling Allowance Rules;
(g) Group A officials opting for the special VRS will be exempted from the operation of rule 10 of the CCS (pension) Rules which stipulates previous sanction of the Government for accepting commercial employment.

1. Payment of ex-gratia to the employees declared surplus and opting for the special VRS within the specified three months period will be over and above the normal retirement entitlements under CCS (Pension) Rules, 1972.
2. The order of voluntary retirement in each case should clearly stipulate that the surplus post held by the retiring incumbent will stand abolished from the date of his/her voluntary retirement.
3. The Identification of surplus employees for the purpose of VRS would be guided by procedure given in item 3 of Annexure-1 under the heading “Steps for Identification of Surplus staff” to the revised scheme of the disposal of personnel rendered, surplus due to reduction of establishment of Central Government Department/Offices notified vide Circular No 1/18/88-CS-III of DOPT dated 1 April 1989.
4. The permanent employees declared surplus will have to exercise option for special VRS within three months from the date he or she has been declared surplus in any Ministry /Department. Surplus employees presently on the Rolls of the Surplus Cell (Re-designated as the division of Retraining and Redeployment ) of the Department of Personnel & Training as on the date of this OM can also opt for special VRS within three months from this date.
5. In order to facilitate the maintenance of a close watch on the implementation of the scheme, all Ministries/Departments are required to submit quarterly returns to the Surplus Cell of Department of Personnel & Training that may be prescribed by that Cell.
6. Ministry of Finance, etc. are requested to give wide publicity to the contents of this O.M. to the employees declared surplus.

[DOPT OM No. 25013/6/2001-Estt.(A), dated 28-02-2002]

Emergency Cashless Treatment Scheme (CTSE) Card issue during retirement

Railways: Emergency Cashless Treatment Scheme (CTSE) Card issue during retirement

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

No. 2018/Trans.Cell/Health/Medical Card

Dated: 20.03.2019

The General Manager, All Indian Railways/PUs, NF(Con), CORE
The DG/RDSO/Lucknow, DG/NAIR/Vadodara
CAOs, DMW/Patiala, WPO/Patna, COFMOW/NDLS, RWP/Bela, CAO/IROAF

Sub: Issue of Cashless Treatment Scheme in Emergency (CTSE) Card at the time of retirement.
Ref:
(1) Railway Board letter no.2018/Trans.Cell/Health/Medical Cards dated 30.07.2018.
(2) GM/SECR’s letter no. G/SECR/70 dated 31.01.2019.

With reference to GM/SECR’s letter at (2), and Board’s letter at (1) above, Board (MS, FC & CRB), have approved the following:

Issue of Cashless Treatment Scheme in Emergency (CTSE) Card to willing and eligible retiring Railway employees and their dependents at the time of retirement or before subject to their deposition of the required fee as per extant rules and the same will be effective from the next day of retirement.
Other extant instructions/guidelines issued from Board on the subject shall remain unchanged or as modified from time to time.

This issues with the concurrence of Associate Finance of Transformation Cell of Railway Board.
Kindly acknowledge the receipt and ensure compliance

(Umesh Balonda)
Executive Director/S&T
Transformation Cell
Dated: 20.03.2019

Grant of Disability Pension

Ministry of Defence
Grant of Disability Pension

31 DEC 2018

As per Ministry of Defence order dated 31.01.2001, Armed Forces Personnel who retire voluntarily / or seek discharge on request are not eligible for any award on account of disability. Provided that Armed Forces Personnel who are due for retirement / discharge on completion of tenure, or on completion of service limits, or on completion of the terms of engagement or on attaining the prescribed age of retirement, and who seeks pre-mature retirement / discharge on request for the purpose of getting higher commutation value of pension will remain eligible for disability element.
Further, Armed Forces personnel who are retained in service despite disability, which is accepted as attributable to or aggravated by Military Service and have forgone lump sum compensation in lieu of that disability, may be given disability element / war injury element at the time of their retirement / discharge whether voluntary or otherwise in addition to Retiring / Service Pension or Retiring / Service Gratuity. These provisions are effective from 1.1.2006

This information was given by Raksha Rajya Mantri Dr. Subhash Bhamre in a written reply to Shri Sanjay Seth in Rajya Sabha today.

PIB

Annuity based alternate pension proposal for the employees of NVS prior to 1.1.2004

Annuity based alternate pension proposal for the employees of NVS prior to 1.1.2004

F. No. 3-1/2018 -NVS(Admn)/3584

Date : 4/12/2018

To,
The Deputy Commissioner,
All Regional Offices

Sub: Annuity based alternate pension proposal for the employees of NVS prior to 1.1.2004 - reg.

Sir,
In continuation to this office letter of even number dated 06.12.2018 seeking willingness of the employees with regard to introduction of alternate annuity based pension, it is to clarify the following:-

1. Own share of employee in the existing CPF scheme shall remain intact. It will not be utilized for creating the corpus fund of the alternate pension plan.

2. However, the management share of the existing CPF scheme will be utilized to form the corpus fund for the proposed annuity based pension scheme.

3. Proposed basic pension is 50% of the basic pay at the time of retirement and there is no provision for DA thereon.

4. Provision for commutation of pension upto 1/3rd of the basic pension exists..Employee at the time of retirement can get the commutation value. It would be more or less equal to the management share. Besides 213rd of basic pension per month fixed at the time of retirement is payable.

5. The pension is payable till the pensioner is alive. There is no provision for family pension after death of the employee.
6. However, proposal for provisioning of DA and family pension is also being sent to the Ministry for
consideration.

7. In case of death of the eligible employees during service, Provision for a lump sum insured amount payable to their dependents is proposed to be covered under group term Insurance Scheme.

The afore mentioned information may be widely circulated amongst the eligible employees to enable them to franchise their options/willingness for the proposed annuity based pension.

This issues with the approval of Competent Authority.

Yours faithfully,
S/d,
(B.C. Panda)
Assistant Commissioner (Admn.)

Senior Citizen Entitlement of Employees

Ministry of Personnel, Public Grievances & Pensions
Senior Citizen Entitlement of Employees

19 DEC 2018

Department of Social Justice & Empowerment has informed that there is at present no proposal in that Department for lowering the age of senior citizen. Government employees become entitle to pension on retirement. There is also no proposal to increase or decrease the age of retirement of Central Government Employees.

The salient features of the pension entitlements of employees retiring from the Central Government are as under:

• A Government servant retiring in accordance with the rules, after completing a qualifying service of not less than 10 years, is entitled to a pension @ 50% of his last pay or 50% of average emoluments for the last 10 months, whichever is more beneficial to him/her.
• After completion of 80 years of age or above, additional pension @ 20% to 100% is payable to the retired Government servant.
• A retired/retiring Government servant is entitled to, at his/her option, a lump sum payment, by commutation of a maximum of 40% of his/her pension.
• On retirement, a Government employee is entitled to a retirement gratuity based on his/her emoluments and length of qualifying service.
• On death of a Central Government pensioner, the family is entitled to a family pension the amount of which is 50% of the last pay for a period of seven years, or for a period up to the date on which the retired deceased Government servant would have attained the age of 67 years had he/she survived, whichever is earlier. Thereafter, the amount of family pension is 30% of his last pay.  The amount of family pension is also increased by 20% to 100% after the family pensioner attains the age of 80 years and above.
• The family of a Government servant, who dies while in service after having rendered not less than seven years’ continuous service, is entitled to a family pension 50% of the last pay for a period of ten years. Thereafter, the amount of family pension is 30% of his/her last pay.

This was stated by the Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister's Office, Dr. Jitendra Singh in a written reply to a question in the Lok Sabha today.

PIB

DoPT: Promotion of Government servants found fit by review DPC after retirement - procedure and guidelines to be followed

DoPT: Promotion of Government servants found fit by review DPC after retirement - procedure and guidelines to be followed

F. No. 22011/3/2013-Estt. (D)
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training

North Block, New Delhi
Dated 15th November, 2018

OFFICE MEMORANDUM

Sub: Promotion of Government servants found fit by review DPC after retirement - procedure and guidelines to be followed

The undersigned is directed to invite reference to this Department's OM of even number dated 25.1.2016 which deals with the grant of notional promotion to a Government servant exonerated in a disciplinary proceedings after retirement. However, the cases of Government servants who are found fit by review DPC after their retirement on account of revision of seniority list of the feeder cadre, upgradation of below benchmark APARs etc. are not covered under the said OM. These cases have now been examined and it has been decided to lay down procedure as narrated in subsequent paragraphs for dealing with such cases.

2. A Government servant who is not recommended in the panel by the original / supplementary DPC but later on is recommended in the panel by a review DPC but has since retired may be given the benefit of notional promotion w.e. f. the date of promotion of his immediate junior in the reviewed panel and fixation of notional pay subject to the fulfillment of the following conditions:

(i) That the officer who is immediate junior to the retired Government servant assumed charge of the higher post on or before the date of superannuation of the retired Government servant.
(ii) That the said retired Government servant was clear from vigilance angle on the date of promotion of his immediate junior.
(iii) A retired Government servant who is considered for notional promotion from the date of promotion of his immediate junior on the recommendation of a review DPC would also be entitled to fixation of pension on the basis of such notional pay.
(iv) The notional promotion, notional pay fixation and revision of pension shall be further subject to extant rules on promotion, pay fixation and CCS (Pension) Rules, 1972, Actual increase in pension shall be given only from the date of approval of reviewed panel by the competent authority. No arrears shall be paid.

3. The provisions contained in this Office Memorandum shall become operational from the date of issue of this Office Memorandum. Past cases settled in accordance with the earlier provision shall not be reopened.

4. In so far as persons serving in the Indian Audit & Accounts Department are concerned, these orders issue after consultation with the Comptroller & Auditor General of India.

(G.Jayanthi)
Joint Secretary (E.I)

To
All Ministries and Departments of Government of India.

Source: DoPT

Gratuity for Central Civil Services

Gratuity for Central Civil Services

Frequently Asked Questions (FAQs)
(Central Civil Services)

10.GRATUITY

(10.1) When will the gratuity withheld at the time of retirement be released?
The withheld amount of gratuity under sub-rule (5) of CCS(Pension) Rules, 1972, the mretiring Government employees, shall be paid immediately on production of "No Demand Certificate" from the Directorate of Estates after actual vacation of the Government accommodation.

The Directorate of Estates shall ensure that "No Demand Certificate" shall be given to the Government employee within a period of fourteen days from the actual date of vacation of the Government accommodation and the allottee shall be entitled to payment of interest (at the rate applicable to General Provident Fund deposit determined from time to time by the Government of India) on the excess withheld amount of gratuity which is required to be refunded., after adjusting the arrears of licence fee and damages, if any, payable by the allottee and the interest shall be payable by the Directorate of Estates through the concerned Accounts Officer of the Government employee from the actual date of vacation of the Government accommodation up to the date of refund of excess withheld amount of gratuity.

(10.2) Whether retirement gratuity/death gratuity, commuted value of the pension is taxable?
No. Death gratuity/retirement gratuity and commuted value of the pension are fully exempted from Income tax.

(10.3) Is there any ceiling on gratuities and if so what is the maximum amount admissible?
Yes. Ceiling on all gratuities has been raised to Rs. 20 lakhs w.e.f 01.01.20016 (earlier the limit was Rs.10 lakhs). DA admissible on the date of retirement is also to be added with pay for calculation of gratuity.

(10.4) Whether retirement gratuity, death gratuity can be paid by PAO/CPAO?
No. The amount of retirement/death gratuity as determined by the PAO shall be intimated to the Head of Office who will draw and disburse the amount to the retired Government servant or to the nominee/family as the case may be.

(10.5) Whether 10% gratuity or whole of the Gratuity is to be withheld at the time of retirement of all Government Servants?
No. The Administrative Deptt/Accounts Officer shall not withhold any gratuity unless the Head of Office
a) Enclose instructions received from Directorate of Estate for withholding of 10% gratuity for outstanding license fee.
Or
b) Informs of ongoing disciplinary proceedings.

(10.6) What all are dues recoverable from retirement gratuity?
The Government dues as ascertained and assessed by the Head of Office which remain outstanding on the date of retirement shall be adjusted against the amount of retirement Gratuity. The term Government dues includes dues pertaining to Government accommodation including arrears of license fee as well as damages for occupation of the Government accommodation beyond the permissible period after the date of retirement, if any. Government dues also includes balance of house building advance, conveyance, or any other advance, overpayment of pay and allowance or leave salary and arrears of TDS etc.

(10.7) If the nominee for death gratuity is a minor, how will be the gratuity paid?
If death gratuity is granted to a minor member of the family, it shall be payable to the guardian on behalf of the minor. In the case of absence of a natural guardian, the death gratuity to the extent of 20% or Rs.1.50 lakhs shall be paid to the guardian, without production of a guardianship certificate, but subject to production of an indemnity bond with suitable sureties. The balance amount shall be paid to the guardian on production of a guardianship certificate.

(10.8) When the retirement gratuity be withheld by the Government?
The retirement gratuity can be withheld in the following circumstances. 1. 100% gratuity shall be withheld on retirement if any disciplinary/judicial proceedings are instituted against the Government servant before his retirement. The gratuity in such cases will be withheld till the conclusion of the departmental/judicial proceedings and issue of final orders thereon.

2. The Administrative Department/Accounts Officer receives instructions from Directorate of Estates to withhold 10% gratuity for outstanding license fee/damages in respect of the Government accommodation.

(10.9) What action is required to be taken when gratuity is withheld on account of continuing disciplinary proceedings/judicial proceedings and when these payments will be paid?
The President reserves to himself the right of withholding a pension or gratuity or both either in full or in part or withdrawing a pension in full or in part, whether permanently or for a specified period and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Government, if, in any departmental or judicial proceedings, the pensioner is found guilty or grave misconduct or negligence during he  period or service, including service rendered upon re-employment after retirement. When the Government servant is exonerated fully after the departmental/judicial proceedings,, gratuity shall be paid after issue of the final orders. When the Government servant/pensioner is found guilty, Government will issue orders for regulation of gratuity.

(10.10) Whether interest is payable for delayed payment of gratuity and what is the rate of interest applicable in these cases of delayed payment of gratuity?
If payment of gratuity is delayed beyond its permissible period, interest at the rate of interest rate applicable to GPF deposits from time to time is required to be paid along with gratuity. In every case of delayed payment of gratuity shall be considered by the Secretary of the Administrative Ministry/Department and if the delay is due to administrative delay, Secretary of the Administrative Ministry/Department will sanction payment of interest. In all case where interest has been sanctioned by the Secretary of the Administrative Ministry/Department, such Ministry/Department shall fix the responsibility and take disciplinary action against the Government servant or servants who are found responsible for the delay in the payment of gratuity.

IMPORTANT JUDGEMENT- OFFICIAL RETIRED ON 30th JUNE IS ELIGIBLE FOR INCREMENT DUE ON 1st JULY NOTIONALLY FOR PENSIONARY BENEFITS

IMPORTANT JUDGEMENT- OFFICIAL RETIRED ON 30th JUNE IS ELIGIBLE FOR INCREMENT DUE ON 1st JULY NOTIONALLY FOR PENSIONARY BENEFITS

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2017
CORAM
THE HON’BLE MR.JUSTICE HULUVADI G.RAMESH
AND
THE HON’BLE MR.JUSTICE RMT.TEEKAA RAMAN
W.P.No.15732 of 2017

P.Ayyamperumal …

Petitioner

-vs-

1.The Registrar,
Central Administrative Tribunal,
Madras Bench,
High Court Complex,
Chennai-600 105.

2.Union of Indirep.by
the Chairman, CBEC,
North Block,
New Delhi-110 001.

3.Union of India rep.by
Department of Personnel & Training
New Delhi.

4.The Director of General (Inspection),
Customs & Central Excise,
"D" Block, I.P.Bhawan, I.P.Estate,
New Delhi-110 002.

.. Respondents

Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus calling for the records of the first respondent in O.A./310/00917/2015 dated 21.03.2017 and quash the same and consequently direct the fourth respondent to treat the retirement date of the petitioner as on 01.07.2013 and grant all the consequential benefits including the pensionary benefits.

For Petitioner :: Mr.P.Ayyamperumal,
Petitioner-in-Person
For Respondents :: Mr.K.Mohanamurali,

ORDER

(Order of the Court was made by
HULUVADI G.RAMESH, J.)

This writ petition has been filed to quash the order passed by the first respondent-Tribunal in O.A./310/00917/2015 dated 21.03.2017 and to consequently direct the fourth respondent to treat the retirement date of the petitioner as 01.07.2013 and grant him all the consequential benefits including the pensionary benefits.

2.The case of the petitioner is that he joined the Indian Revenue Service in Customs and Excise Department in the year 1982 and retired as Additional Director General, Chennai on 30.06.2013 on attaining the age of superannuation. After the Sixth Pay Commission, the Central Government fixed 1st July as the date of increment for all employees by amending Rule 10 of the Central Civil Services (Revised Pay) Rules, 2008. In view of the said amendment, the petitioner was denied the last increment, though he completed a full one year in service, ie., from 01.07.2012 to 30.06.2013. Hence, the petitioner filed the original application in O.A.No.310/00917/2015 before the Central Administrative Tribunal, Madras Bench, and by order dated 21.03.2017, the Tribunal rejected the claim of the petitioner by taking a view that an incumbent is only entitled to increment on 1st July if he continued in service on that day. Since the petitioner was no longer in service on 1st July 2013, he was denied the relief. Challenging the order passed by the Tribunal, the present writ petition is filed.

3.The petitioner, appearing as party-in-person, has referred to the judgment passed by this Court in State of Tamil Nadu, rep.by its Secretary to Government, Finance Department and others v.M.Balasubramaniam, reported in CDJ 2012 MHC 6525, wherein the appeal filed by the State challenging the order passed in the writ petition entitling the employee who was similarly placed like that of the petitioner, the benefit of increment on the ground that he has completed one full year of service from 01.04.2002 to 31.03.2003, was rejected. Referring to that judgment, the petitioner has submitted that the said benefit has to be extended to him. He further submitted that even though the above decision squarely covers his case, no mention has been made by the Central Administrative Tribunal as to how that decision is not applicable to him. With regard to the said issue, the petitioner has also referred to the order passed by the Government of Tamil Nadu in G.O.Ms.No.311, Finance (CMPC) Department, dated 31.12.2014, and submitted that in the said G.O., it has been mentioned that the Pay Grievance Redressal Cell has recommended that when the date of increment of a Government servant falls due on the day following superannuation on completion of one full year of service, such service may be considered for the benefit of notional increment purely for the purpose of pensionary benefits and not for any other purpose. Stating so, the petitioner prayed for allowing this writ petition.

4.Heard the learned Senior Panel Counsel appearing for the respondents 2 to 4 on the submissions made by the petitioner and perused the materials available on record.

5.The petitioner retired as Additional Director General, Chennai on 30.06.2013 on attaining the age of superannuation. After the Sixth Pay Commission, the Central Government fixed 1st July as the date of increment for all employees by amending Rule 10 of the Central Civil Services (Revised Pay)
Rules, 2008. In view of the said amendment, the petitioner was denied the last increment, though he completed a full one year in service, ie., from 01.07.2012 to 30.06.2013. Hence,
the petitioner filed the original application in O.A.No.310/00917/2015 before the Central Administrative Tribunal, Madras Bench, and the same was rejected on the ground that an incumbent is only entitled to increment on 1st July if he continued in service on that day.

6.In the case on hand, the petitioner got retired on 30.06.2013. As per the Central Civil Services (Revised Pay) Rules, 2008, the increment has to be given only on 01.07.2013, but he had been superannuated on 30.06.2013 itself. The judgment referred to by the petitioner in State of Tamil Nadu, rep.by its Secretary to Government, Finance Department and others v. M.Balasubramaniam, reported in CDJ 2012 MHC 6525, was passed under similar circumstances on 20.09.2012, wherein this Court confirmed the order passed in W.P.No.8440 of 2011 allowing the writ petition filed by the employee, by observing that the employee had completed one full year of service from 01.04.2002 to 31.03.2003, which entitled him to the benefit of increment which accrued to him during that period.

7.The petitioner herein had completed one full year service as on 30.06.2013, but the increment fell due on 01.07.2013, on which date he was not in service. In view of the above judgment of this Court, naturally he has to be treated as having completed one full year of service, though the date of increment falls on the next day of his retirement. Applying the said judgment to the present case, the writ petition is allowed and the impugned order passed by the first respondent-Tribunal dated 21.03.2017 is quashed. The petitioner shall be given one notional increment for the period from 01.07.2012 to 30.06.2013, as he has completed one full year of service, though his increment fell on 01.07.2013, for the purpose of pensionary benefits and not for any other purpose. No costs.

Index : Yes/No
Internet : Yes/No

(H.G.R.,J.) (T.K.R.,J.)

15.09.2017

KM

To

1.The Registrar,
Central Administrative Tribunal,
Madras Bench, High Court Complex,
Chennai-600 105.

2.The Chairman, CBEC,
Union of India,
North Block,
New Delhi-110 001.

3.Department of Personnel & Training,
Union of India,
New Delhi.

4.The Director of General (Inspection),
Customs & Central Excise,
"D" Block, I.P.Bhawan, I.P.Estate,
New Delhi-110 002.

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