Engagement of consultants and outsourcing of services

Engagement of consultants and outsourcing of services

Press Information Bureau

Government of India
Ministry of Personnel, Public Grievances & Pensions

04-March-2015 17:21 IST

Outsourcing Policy

The fundamental principles applicable to all Ministries/Departments regarding engagement of consultants and outsourcing of services are provided in General Financial Rules, 2005. As per GFR, 2005, the Ministries/Departments may hire external professionals, consultancy firms or consultants for a specific job which is well defined in terms of content and time frame for its completion or outsource certain services in the interest of economy and efficiency.

The vacant posts of permanent employees in the Central Government are to be filled up as per the provisions of the Recruitment Rules.

The term of the existing contract to engage outsourced persons in the Central Information Commission has already expired. However, the existing engagement of outsourced persons has been allowed to continue for the smooth functioning of the Commission, till the fresh contract is awarded. The Government has decided that fresh tender may be invited at the earliest, following due procedure and the Government has not given any directions to reduce the pay of the existing outsourced persons to the minimum wages.

This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State in Prime Minister’s office Dr. Jitendra Singh in a written reply to a question by Shri Ravindra Kumar Pandey in the Lok Sabha today.

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PIB

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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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Employing Retired Central Government Officers as Consultants in the Department of Heavy Industry, Ministry of Heavy Industries & Public Enterprises – DHI Ordres

Employing Retired Central Government Officers as Consultants in the Department of Heavy Industry, Ministry of Heavy Industries & Public Enterprises – DHI Ordres

F.No.A-12024/1/2011-Admn.
Government of India
MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES
DEPARTMENT OF HEAVY INDUSTRY

Room No.16, Udyog Bhawan

New Delhi-110011

Dated the 18th July, 2013

CIRCULAR

Subject: Engagement of Retired Central Government Officers as Consultants in the Department of Heavy Industry, Ministry of Heavy Industries & Public Enterprises.

The Department of Heavy Industry proposes to prepare a panel of officers of Central Government, who have retired from the Service or will be retiring in the next 3 months at Section Officers’ level in the Grade Pay of Rs. 4800/- & above, for engagement as Consultants against the vacancies at Section Officers’ level. They should have experience of minimum 10 years in Administration / Record Management / Finance / Procurement / Parliament matters / Legal matters and also have working knowledge of Computer. The initial engagement will be for a period of one year and may continue further subject to their performance & availability of vacancies. The maximum age limit for engagement as Consultant is 65 years.

2. Such persons would get monthly remuneration equivalent to their Last Pay Drawn (Band Pay + Grade Pay + Dearness Allowance) minus Basic Pension & Dearness Pension.

3. The willing & eligible retired/retiring officers of Central Government are requested to send their Bio-Data and contact details, specially mentioning the details of their Experience/Grade Pay drawn etc. to the undersigned positively by 31st July 2013.

sd/-

(AJAY KUMAR GAUR)

Under Secretary to the Govt. of India

Source: www.dhi.nic.in
[http://dhi.nic.in/Engag_retired_off_180713.pdf]

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