Removal of ambiguity in fixation of pay of re-employed ex-servicemen and grant of the same benefit extended to commissioned officers who are below officers rank

PBOR

Remove the anomaly in the fixation of pay of re employed ex-servicemen

Shiva Gopal Mishra
Secretary

Ph.: 23382286
National Council (Staff Side)
for Central Government Employees
Joint Consultative Machinery
13-C, Ferozshah Road, New Delhi - 110001

No.NC-JCM-2019/DOPT (Ex)

September 26 , 2019

The Secretary
Government of India,
Department of Personnel and Training
North Block,
New Delhi

Dear Sir,
Sub: Removal of ambiguity in fixation of pay of re-employed ex-servicemen and grant of the same benefit extended to commissioned officers who are below officers rank.

The above demand was discussed as Item No.26 of the Standing Committee meeting of the National Council (JCM) held on 7-3- 2019. During the course of discussion the Staff side was informed that the issue is in final stage in consultation with the Ministry of Defence and necessary instructions are expected to be issued very shortly. However to our knowledge no Government order has been issued to implement the demand of Ex-servicemen. Therefore it is once again requested that the discrimination meted to the PBOR’s may be removed and necessary Government Orders may please be issued to remove the anomaly / ambiguity in the fixation of pay of re employed ex-servicemen.

Also read: Pay fixation of re-employed Ex- Servicemen

Thanking you.

Yours sincerely,

(SHIVA GOPAL MISHRA)
Secretary

Also check: Initial pay fixation of re-employed ex-servicemen who held post below Commissioned Officer Rank in Defence Forces

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Rehabilitation of Ex-Servicemen

Press Information Bureau
Government of India
Ministry of Defence

03-March-2015 15:59 IST

Rehabilitation of Ex-Servicemen

The Directorate General of Resettlement (DGR), an Attached Office of the Department of Ex-Servicemen Welfare, Ministry of Defence, is responsible for rehabilitation of retired defence personnel in the country including in the State of Himachal Pradesh. DGR implements certain schemes /resettlement opportunities for retired defence personnel viz. Security Agency scheme, management of CNG stations in NCR, allotment of Bharat Petroleum Corporation Ltd., / Indian Oil Corporation Ltd. (Company Owned Company Operated) outlets, Coal Loading and Transportation scheme, Mother Dairy/Gopaljee outlets, etc.

Reservation ranging from 10% to 24.5% of the available vacancies in Group C&D posts in Central Government and Central public Sector Undertakings/ Banks has been provided for the willing and eligible Ex-servicemen (ESM). 10% vacancies are reserved in the posts up the level of Assistant Commandants in Para-military forces. Moreover, age relaxation is available for the ESM in services or Posts filled by direct recruitment. ESM Officers are sponsored by DG Resettlement for jobs, based on requisitions received from Government/PSUs and Corporates.

In addition to this, Army Welfare Placement Organization and similar placement cells in Air Force help ESM in finding suitable jobs in Banks, Industries, corporate Houses, Academic Institutions, Hospitals, Hotels and Real Estate, etc.

Professional and vocational training to retiring officers, Junior Commissioned Officers & Other Ranks is imparted by DGR through various training institutes for rehabilitation and resettlement of ESM in civil life.
Most State Governments also provide reservation to ESM in State Government jobs as per their own reservation policy which varies from State to State. Himachal Pradesh Government has provided 15% reservation to Ex-servicemen in Class I to Class IV posts in all services of the State Government including Public Sector Undertakings/Corporations and Autonomous Bodies. Posts like Sub-Inspector, Constable, Water Carrier, Dhobi, Cook, Sweeper and Barber reserved for Ex-servicemen are being requisitioned by the Police Department of Himachal Pradesh and the same are being filled up from the Ex-servicemen. Instructions to the concerned employer/department for filling up posts reserved for Ex-servicemen through Ex-servicemen Employment Cell are already in place.

The total number of ex-servicemen rehabilitated in Himachal Pradesh during the last three years and current year is 1187.

This information was given by Minister of State for Defence Rao Inderjit Singh in a written reply to Smt Viplove Thakur in Rajya Sabha today.

PIB

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Rehabilitation of Ex-Servicemen

Press Information Bureau
Government of India
Ministry of Defence

03-March-2015 15:59 IST

Rehabilitation of Ex-Servicemen

The Directorate General of Resettlement (DGR), an Attached Office of the Department of Ex-Servicemen Welfare, Ministry of Defence, is responsible for rehabilitation of retired defence personnel in the country including in the State of Himachal Pradesh. DGR implements certain schemes /resettlement opportunities for retired defence personnel viz. Security Agency scheme, management of CNG stations in NCR, allotment of Bharat Petroleum Corporation Ltd., / Indian Oil Corporation Ltd. (Company Owned Company Operated) outlets, Coal Loading and Transportation scheme, Mother Dairy/Gopaljee outlets, etc.

Reservation ranging from 10% to 24.5% of the available vacancies in Group C&D posts in Central Government and Central public Sector Undertakings/ Banks has been provided for the willing and eligible Ex-servicemen (ESM). 10% vacancies are reserved in the posts up the level of Assistant Commandants in Para-military forces. Moreover, age relaxation is available for the ESM in services or Posts filled by direct recruitment. ESM Officers are sponsored by DG Resettlement for jobs, based on requisitions received from Government/PSUs and Corporates.

In addition to this, Army Welfare Placement Organization and similar placement cells in Air Force help ESM in finding suitable jobs in Banks, Industries, corporate Houses, Academic Institutions, Hospitals, Hotels and Real Estate, etc.

Professional and vocational training to retiring officers, Junior Commissioned Officers & Other Ranks is imparted by DGR through various training institutes for rehabilitation and resettlement of ESM in civil life.
Most State Governments also provide reservation to ESM in State Government jobs as per their own reservation policy which varies from State to State. Himachal Pradesh Government has provided 15% reservation to Ex-servicemen in Class I to Class IV posts in all services of the State Government including Public Sector Undertakings/Corporations and Autonomous Bodies. Posts like Sub-Inspector, Constable, Water Carrier, Dhobi, Cook, Sweeper and Barber reserved for Ex-servicemen are being requisitioned by the Police Department of Himachal Pradesh and the same are being filled up from the Ex-servicemen. Instructions to the concerned employer/department for filling up posts reserved for Ex-servicemen through Ex-servicemen Employment Cell are already in place.

The total number of ex-servicemen rehabilitated in Himachal Pradesh during the last three years and current year is 1187.

This information was given by Minister of State for Defence Rao Inderjit Singh in a written reply to Smt Viplove Thakur in Rajya Sabha today.

PIB

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Revision of 43% and 45% commuted portion of pension of Armed Forces absorbees: DESW Oder dated 19th Jan, 2015

Revision of 43% and 45% commuted portion of pension of Armed Forces absorbees who had drawn lump sum payment on absorption in Public Sector Undertaking/Autonomous bodies

No 1(4)/2007/D(Pen/Policy)

Government of India

Ministry of Defence

Department of Ex-Servicemen Welfare

New Delhi Dated, the 19th January, 2015

To
The Chief of the Army Staff,
The Chief of the Naval Staff,
The Chief of the Air Staff,

Subject: Revision of 43% and 45% commuted portion of pension of Armed Forces absorbees who had drawn lump sum payment on absorption in Public Sector Undertaking/Autonomous bodies -Implementation of Government’s decision on the recommendations of the Sixth Central Pay Commission reg.

Sir,

The undersigned is directed to say that orders were issued vide this Ministry’s letter No 1(4)12007/D(Pen/Policy) dated 21.8.2009 amended vide letter No 1(4)/2007/ D(Pen/Policy) dated 9.2.2011 regarding revision of restored amount of commuted portion of pension as well as notional full pension with effect from 1.1.2006 in respect of Armed Forces Personnel absorbees who had drawn lump sum payment on absorption in Public Sector Undertakings/ Autonomous Bodies and have become entitled for restoration of 45% of pension in the case of PBOR and 43’% of pension in the case of Commissioned officers.

2. In compliance of orders of Hon’ble CAT, Hyderabad Bench order in CP No 26/2012 in OA 710/2010, Ministry of Personnel, Public Grievances & Pensions, Deptt of Pension & Pensioners’ Welfare vide their OM No 4130/2010-P&PW(D) dated 11th July 2013 has issued order that restored pension of those Government servant who had drawn lump- sum payment on absorption in Public Sector Undertakings/ Autonomous Bodies and whose pension has been restored from a date before 1.1.2006, the pre-revised restored pension (without DP) shall be revised with effect from 1.1.2006 by multiplying the same by a factor of 2.26, if the same is more beneficial than the amount of revised restored pension in terms of 6th CPC orders. These instructions have been issued as a special case and would not be taken into consideration for revision of pension on the basis of recommendations of next Pay Commission.

3. The undersigned has been directed to say that the provisions of Ministry of Personnel, Public Grievances & Pensions, Deptt of Pension & Pensioners’ Welfare OM No 4/30/2010-P&PW(D) dated 1 lth July 2013 shall apply mutatis – mutandis to Armed Forces personnel absorbees.

4. The other terms and conditions prescribed vide this Ministry’s above mentioned letter dated 21.8.2009 as amended, which are not affected by the provisions of this letter, shall remain unchanged. Pension Sanctioning Authorities shall revise restored portion of pension of absorbee pensioners’ suo moto, if found beneficial, by issue of revised Pension Payment orders, where the restored pension has already been revised in terms of this Ministry’s above said letter dated 21.8.2009.

5. These orders issue with the concurrence of MoD (Finance/Pension) vide their ID No 31(08)/09/Fin/Pen dated 22.12.2014.

Hindi version of this order will follow.

Yours faithfully,

sd/-

( Prem Parkash )

Under Secretary (Pension/Policy)

Source: http://www.desw.gov.in/
[http://www.desw.gov.in/sites/upload_files/desw/files/pdf/D%28Pen-Pol%29-19-Jan-15.pdf]

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Re-employed person can receive DA on pension as well as salary: Maharashtra Administrative Tribunal

Re-employed person can receive DA on pension as well as salary: Maharashtra Administrative Tribunal

Nagpur: The Nagpur bench of Maharashtra Administrative Tribunal (MAT) held that a re-employed pensioner was entitled for receiving “dearness allowance (DA)” on his pension as well as on his salary.

“There is no rule that prohibits claiming dearness allowance on pension amount as well as on basic salary that is received after re-employment. The intention of legislation was to give benefit to the government employee who prefers retirement before the age of 55 years and is obviously subjected to payment of reduced amount as pension as compared to those who superannuate at 58 years,” Justice (retired) MN Gilani stated.

Applicant Mohammed Jameel had sought voluntary retirement from the Public Health Department on October 5, 1999, before attaining 55 years and joined as a lecturer in Law College in Gondia from the next day. He retired on February 9, 2007, after putting in seven years of teaching. On the same day, city-based district treasury officer issued an order of recovery of Rs1.31 lakh from his pension amount on the grounds that drawing “two dearness allowances” was not permitted. The petitioner received the DA on his pension as well as on his salary during his re-employment.

He challenged this order through counsel Tushar Mandlekar relying on the MCS Pension Rules that say in case of persons retiring before attaining the age of 55 years, the competent authority while fixing the pay should ignore the “entire pension” clause in case of employees other than Class I. The government relied on the guidelines issued through its circulars for pointing out that excess DA payment was not permissible.

Mandlekar argued the definition of “pension” as per Article 366 of the Constitution of India was inclusive of DA. The definition of pay, pension, and pensionable pay, are defined under Rule 9 (36), (37), (38), and Rule 60 of MCS, if read together along with the definition of pension under Article 366, makes it clear that DA was included in pay and pension, and thus could not be separated or deducted independently.

The tribunal held that Rule 157 (3) of MCS Pension Rules was independent and had its own identity, which mandated the government to ignore the “entire pension” clause that included allowances attached to it.

MAT added that there was no reason for paying and disbursing officer to rely on Rule 262 of Maharashtra Treasury Rules 1968 or government circulars. “The payment of pension to the re-employed pensioners is required to be fixed in accordance with the provisions of Chapter XIV of MCS Pension Rules, 1982. It is provided in Rule 157 (3) that “entire pension” needs to be ignored while fixing the new pay,” Justice Gilani said before quashing the district treasury officer order.

Read at: Times of India

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Government to give 6% reservation to ex servicemen: Sushma Swaraj

Government to give 6% reservation to ex servicemen: Sushma Swaraj

Basholi: External Affairs Minister Sushma Swaraj on Friday said the government has decided to give six per cent reservation to ex-service men in recruitment in police force and provide land at low cost for establishment of their colonies.

“We have decided to give six per cent reservation to the ex-servicemen in the police force so they get re-employment,” Swaraj said while addressing an election rally here today.

In a bid to woo ex-servicemen who form a large chunk of voter base in this village, which shares border with Punjab and Himachal Pradesh, Swaraj said the government has decided to provide land at low cost to the ex-servicemen so that their colonies could be established.

“We will encourage herbal farming so that an ex-servicemen can get extra earning from herbal framing,” she said.

She said the government was committed to settle the claims of the refugees from the Pakistan-occupied Kashmir.

“Claims of the 1947 Pakistan-occupied Kashmir refugees would be settled so that they don’t remain refugees any longer. We will also provide compensation to the refugees of 1965 and 1971,” she said.
Swaraj said the government would also provide ownership rights to the people who are living in the evacuee property in the state.

“The people who live in the evacuee property would get the ownership rights of the property,” she said.
While appealing the voters in the area to vote for the party candidate, Swaraj said to bring about development in the state people must give chance to BJP.

Meanwhile in another election rally in Nagrota, Union HRD Minister Smriti Irani appealed the voters in the state to end the ?dynastic rule?.

“The time has come to end the dynastic rule of Father-son and Father-Daughter from the state,” she said.
She said that the National Conference, congress and PDP led have done nothing for the people of the state and it was the time to weed out the corrupt government from the state.
“The funds worth crores meant for the development of this state were misused by the successive governments here for the reasons best known to them,” she said.

PTI

Read at: The Zee News

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Double DA for 3 ex-defence officers, lokayukta alerted

Double DA for 3 ex-defence officers, lokayukta alerted
By Chetan R, Bangalore Mirror Bureau

Three top ranking retired armed forces commissioned officers - a wing commander, a lieutenant colonel, and a major - currently occupying the posts of joint director and deputy directors with state's sainik welfare and resettlement department, are accused of drawing dearness allowance or relief from two sources, the state government as well as the defence forces, since several years.

A complaint was filed by Raju N R, a military veteran, on October 20 with the Lokayukta on the irregularity, which is said to have caused the state exchequer a loss of several lakhs. The officials concerned are Wg Cdr (rtd) Eshwar Kodolli, Maj (rtd) Shivaji M Tukkar and Lt Col (rtd) Geetha M Shetty.

Kodolli is currently serving as joint director (i/c), Tukkar is deputy director (Bagalkot and Koppal), and Shetty, deputy director (Shimoga and Davangere). The allegations levelled against them include giving false declaration to the pension disbursing authorities of armed forces to get dearness relief on their defence pension. Once employed by state government (where they draw salary with DA), they are not entitled to DA on defence pension.


"Defence services officers are selected for re-employment in the Karnataka state department of sainik welfare & resettlement (DSWR), and so, state government employees," Raju told Bangalore Mirror. "Every retired defence services officer is required to render an annual certificate to the Defence Pension Disbursing Authority (PDA) for drawing defence pension. In this certificate, they declare that they are, or are not, re-employed in a government job. Based upon their declaration, the PDA pays DA on their defence pension. The PDA has no means to check the veracity of this declaration, and the defence services officer is honour-bound to make a truthful declaration. A false declaration for personal gain is an act of moral turpitude, which attracts disciplinary action."

Tukkar has been re-employed with the department of sainik welfare and resettlement since Nov 9, 2009, Shetty since June 13, 2011 and Kodolli since October 20, 2011, as per records available with Raju. But they have continued to draw DR - which is currently 100% on the pension - and DA, Raju said. This despite an armed forces tribunal order in June 2013 in a similar case pertaining to two other officers - Maj (rtd) R S Vishwanath and Col (rtd) CM Uthaiah - to refund the Dearness Relief drawn for the period of their re-employment.

Source: Bangalore Mirror

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