Pay Fixation of Reemployed ESM in Central Govt Jobs : Latest News

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Pay fixation of reemployed ESM PBOR in central civil service is now done as per initial pay of reemployed Post. Hoeer, for officers, they are entitled to get the pay fixed as per last pay drawn. The matter has been brought to the notice of the DOP&T and finally, they have understood the disparity and discrimination. A detailed account of Pay Fixation cases since 1958 is discussed here –

What is the proposal for Pay Fixation of Reemployed Ex- Serviceman placed by DoP&T to Dept of Expenditure ?

Gist of OM of 1958 regarding Pay Fixation of Reemployed Pensioners – Fixation of pay of Reemployed Exservicemen/Pensioners – with amendment vide OM of  1983.

The Ministry of Defence issued orders in their 0.M.No.2(1)/83/-D(Civ.I), dated the 8th February, 1983 to the effect that the limit of pension to be ignored in fixing of pay on re-empleyment of Exservicemen, retiring before attaining the age af 55 years, will be raised to Rs. 250/- in the case of Service officers and that the entire pension will be ignored in the case of personnel below Commissioned Officers rank.  Remaining part remain unchanged and as per OM of 1958, advance increment will be granted as per norms below –

In cases where it was felt that the fixation of initial pay of re-employed individuals at the minimum of the prescribed pay would cause undue hardship, the pay be fixed at a higher stage by allowing one increment for each year of service which the individual had rendered before retirement in a post not lower than that in which he has been re-employed.

may be reead here – https://doe.gov.in/files/pay_related_matters_documents/25_11_1958_0.pdf

Fixation of pay of Reemployed Exservicemen/Pensioners – According to Pay Fixation Order vide OM dt 31 July 1986 (Still effective) – 

For Reemployed Commissioned Officers : Pay is always fixed as per last Pay drawn in Armed Forces. All kind of allowances and entitlement is paid on the basis of this Pay so fixed. A deduction will be there from total pay and allowances so arived at, which is equal to the pension amount after ignoring Rs 15,000/-. It has been revealed that, such fixation is always beneficial to the Officers and it allows them to draw more pay than the minimum pay applicable for the reemployed post.

For details kindly read the Article below – https://esminfoclub.com/pay-fixation-of-reemployed-exserviceman-injustice-with-soldiers/amp

Contents of Paras 4 (b) (i) and 4(b)(ii) of the O.M. dated 31.07.1986 (1986 Orders) may be replaced with,

“In cases where it was felt that the fixation of initial pay of re-employed individuals at the minimum of the prescribed pay would cause undue hardship, the pay be fixed at a higher stage by allowing one increment for each year of service which the individual had rendered before retirement in a post not lower than that in which he has been re-employed.”

सेवानिवृत्ति से पहले –  पुनः नियोजित पद के स्तर से कम नहीं  ऐसे सेवा काल के प्रत्येक वर्ष के लिए एक इन्क्रीमेंट की अनुमति देकर वेतन को उच्च स्तर पर तय किया जाना चाहिए। 

Model Pay Fixation of Reemployed Ex-servicemen in Central Govt Services (As per proposal of DOP&T/AIREXSA) is described here:-


Name of the ESM – Hav (Class-I) ABX (Retd)  Reemployed in Level -5.

Total Armed Forces  Service length – 20 Years

(Service rendered in Level -5 or above (in this instant case ) in Armed Forces only to be considered for grant of advance increment as per proposal)

Promoted to Level-5 (Hav) – After 10 years of service and total length of service rendered in Level-5 and above is -10 Years.
 
So total years served in Army in Level 5 and above is – 10 years. 

Here this period of service is only considered because he reemployed in the post of auditor (Level-5) which is equal to Hav (level-5).  If he would have reemployed as LDC, the entire service – i.e.  20 Years would have considered for the purpose of grant of advance increment.

Pre retirement Pay – Basic pay – Rs 44100/-
Class pay – Rs 675/-
MSP – not to be included (as per proposal of DOP&T)
(No other pay is applicable for Gp Y Hav of Army)
Total Pre Retirement Pay – Rs 44,775/-

Mr ABX Reemployed through SSC in the Audit and Accouts Dept in the post of Auditor in 10 March 2017. Initial pay of the Auditor post is in level 5 – Rs 29,200/-

Pay fixation process –

Since pre-retirement pay is higher than initial pay of Reemployed Post, pay to be fixed by allowing one additional increment for each year served in the post not lower than Level 5 in the Army. ( Here increment for the post of Auditor – Level -5 will be allowed for 10 years only as Hav ABX served in the rank of Hav and above (level-5 and above) for 10 years only).

Pay of Level – 5 after 10 Years of service as per 7th CPC pay Matrix arrived at – Rs 38,100/-

So Pay of Hav ABX (Retd) will be fixed in Auditor post as on 10 March 2017 @ Rs 38100/-.

In addition he will be entitled to draw DA and all other allowances in his reemployed post. All kind of pension with DR and pensionary benefits also be entitled.

LIST OF GOVT ORDERS/INSTRUCTIONS TO BE USED AS AUTHORITY IN SUPPORT OF CLAIM FOR RE-FIXATION OF PAY OF REEMPLOYED EX-SERVICEMEN:-

Ser NoLetter No & DateSubjectPage No
1.Ministry of Finance, Dept of Expenditure OM No 8(34) Estt-III/57 dated 25 Nov 1958Pay fixation of Reemployed pensionersClick here to open
2.Ministry of finance OM No F.5(14)-E-III(B)/77 dt 19. Jul 1978To ignore  Rs 125 for pay fixation of ex-sm retired before 55 yrs of ageClick Here
3.Ministry of Finance OM No F.4(3)-E.III/82 dated 13 Dec 1983Entire pension of reemployed ex-servicemen/pensioner retired before 55 yrs of age will be ignored for pay fixationClick here to open
4.CCS (Fixation of Pay of re-employed Pensioners) orders 1986 Pay fixation procedure effected from 1.8.1986Click here to open
5.Dept of P&T OM No 3/1/86-Estt (P-II) dated 31 July 1986Forwarding letter of CCS (Fixation of Pay of re-employed Pensioners) Orders 1986Click here to open
6.DOPT OM No 3/13/2008/Estt/Pay II dated 11 Nov 2008Pay fixation of pre and post 2006 reemployed pensioners.Click here to open
7.rule 7 of CCS RP Rules 2008Pay fixation of central govt employees
8.DOP&T  O.M. No.3/19/2009-Estt.(Pay.ll) dated 5.4.2010 Amendment in Pay fixation of reemployed Exsm in 6th CPCClick here to open
9.DOP&TOM No 997012/2014-Estt(Pay) dated 26 June 2014 Regarding existence of DOPT OM dt 11.11.2008Click here to open
10.DOPT OM 3/19/2009 dated 08/11/2010 MSP of Exsm to be counted for pay fixationClick here to open
11.Ministry of Defence vide their letter No. 1/69/2008/D (Pay/Service) dated 24th July 2009, Pre-retirement pay has been defined
12.DoPT ID Note No. 1101965/2015-Estt.(Pay-II) dated 28th August 2015 Clerification by DOPT on pay fixation of ExsmClick here to open
13.Supreme Court verdict of B. Ravindra Vs DG post dated 08/11/96. Pay fixation of exsmClick here to open
14. PCDA Allahabad circular 166 and 179 dated 07/03/2013 and 12/05/2015Payment of DAClick here to open Circular 166   Click here to open Circular 179
15. Defence Minister/Finance Minister Sh. Arun Jaitley reply in Rajya Sabha dated 12/08/2014  Reply of Minister regarding pay fixation of reemployed exsm
16. DOPT OM F.No.18/03/2015-Estt. (Pay-I) dated 2nd March, 2016 the excess paid if any to GP C,D employees can not be recovered if the employee is facing hardship

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