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Pay fixation on reemployment and other anciliary matters

GOVERNMENT OF GUJARAT
FINANCIAL DEPARTMENT
Resolution No. NVT.3286-GOI-95-P,
Sachivalaya, Gandhinagar,
Dated the 17th August, 1988

R E S O L U T I O N

The fixation of pay on reemployment in respect of civil pensioners is regulated in accordance with the provision contained in the Rule 330 of the BCSRs read with the Government Resolution Financial Department No TPP-1084-1259-(21)-P dated 3rd December 1984 and fixation of pay on reemployment to civil post in respect of Military pensioners in regulated as per the provisions of Rule 332-A also read with the Government Resolution dated 3rd December 1984 referred to above . In partial modification of the existing provisions in this behalf, Government is pleased to direct that the fixation of pay and other anciliary matters on reemployment in respect of civil as well as Military Pensioners should be regulated as follows :-

  1. Fixation of pay of reemployed pensioner
     

    1. The pay of the reemployed pensioners shall be allowed only in the scale of the post of reemployment. No protection of last pay drawn before retirement will be allowed.

    2. In all cases where the pension is fully ignored in terms of para (B) below, the initial pay shall be fixed at the minimum of pay scale of the post of reemployment.

    3. In cases where the pension is not fully ignored, the pay on employment shall be fixed at the same stage as the last pay drawn before retirement. If there is no such stage in the reemployed post, the pay shall be fixed at the stage below that stage.

    4. If the maximum of the reemployed post is less that last pay drawn, the pay shall be fixed at the maximum of the reemployed post.

    5. If the minimum of the reemployed post is more that the last pay draw, the pay shall be fixed at minimum of the pay scale of the reemployed post.

    6. In all such cases, where pension is to be deducted i.e. pension is not ignorable in terms of para (B) below, the non ignorable part of pension shall be deducted while fixing the pay on reemployment. But the pension equivalent to DCRG shall not be deducted.

    7. The reemployed pensioners will retain and draw their pension and other retrial benefits but temporary increase on pension shall not be admissible for the period of reemployment.
       

  2. Ignoring of pension and pension equivalent to DCRG in case of pensioners retiring before attaining the age of 55 years.

    In case of pensioners retiring before attaining 55 years and who are reemployed, pension and pension equivalent to DCRG shall be ignored for initial pay fixation to the following extent :-

    In the case of commissioned officers of Defence Services and in the case of civil pensioners who held Class-I post prior to their retirement pension upto Rs. 500/- and entire pension equivalent to DCRG should be ignored.

  3. Drawal of increments

    After pay is fixed in the manner indicated in para (A) above, the reemployed pensioner may be allowed to draw normal increments in the time scale of the post of reemployment, provided that the pay plus gross pension should not at any time exceed Rs. 8000/- per month.

  4. Reemployed pensioner getting compensation or invalid pension.

    The person who is reemployed after getting compensation or invalid pension will also be governed by the orders subject to the condition that if the reemployment is in qualifying service he may either retain his pension and forfeit his claim to count the past service for the purpose of pension or cease to draw pension and count his past services for the purpose of pension. In case he chooses for the later option, the pension drawn between the date of invalid or compensation retirement and the date of reemployment need not be recovered. In case the reemployed pensioner elects to count his previous service, foregoing his entire pension and DCRG, his pay shall fixed as if he was not in receipt of pension.

  5. Special provision for short service commissioned or Emergency commissioned officers.

    Short service commissioned officers and Emergency commissioned officers who joined pre-commissioned training or were commissioned after 10th January 1968 may on their appointment in Government service to unreserved vacancies be granted increments equal number of completed year of service rendered by them in Armed Forces. The pay so arrived at should not, however, exceed the last pay drawn by them in the armed forces.

  6. Fixation of pay on transfer/promotion

    After fixation of pay of reemployed person in the manner indicated in paras (A) and (B) above, the pay of reemployed pensioners on their promotion/demotion should be fixed as per the provisions contained in BCSRs as amended from time to time without deducting pension if any. The deductible part of pension may be deduced after the fixation on promotion/demotion is done, This is, however, subject to condition that the pay plus pension should not exceed Rs. 8000/- per month at any time.

  7. Grant of provisional pay.

    In the matters of fixation of pay on reemployment provisionally, the existing provision contained in BCSRs 330 may be followed.

  8. Grant of Allowances on reemployment.

    The reemployed pensioners will be eligible for allowances based on pay as fixed on reemployments Pay for grant of allowances will be the pay before deducting pension, if any, deductible in the given case. He may retain his pension but no temporary increase on pension will be admissible to the reemployed person.
     

  9. Leave

    The reemployed persons will be continued to be governed under the provisions contained in BCSRs 782-A.
     

  10. Admissibility of Gratuity/DCRG.

    The reemployed employees shall not be eligible for DCRG/gratuity for the period of reemployment exception in case of those military personnel who opt for counting their past services for pension and forego pensionery benefits in terms of BCSRs 217.
     

  11. Special provision for Ex combatent clerks and Ex Storemen in Armed Forces.

    1. The post of Ex combatent clerk has been considered on par with Jr. Clerk or lower division clerk in Civil Deptt. Similarly the post of Ex-Storemen has been considered on par with storeman in Civil post and hence Ex combatent Jr. clerk and Ex-storeman on their reemployment to the post of Jr. clerk/Lower division clerk and storeman respectively in Civil post shall be given benefit of their past services for the purpose of protection of pay. Accordingly their initial pay shall be fixed in the time scale of the post of reemployment taking in the time scale of the post of re-employment taking in to consideration the increment earned by rendering completed years of service in the Armed Forces. In other words, he should be given advance increments equal to number of completed years of service rendered in the Armed Forces. This provision has to be exercised by invoking the provisions contained in BCSRs.51.

    2. The above benefit should be given to such of the reemployed Ex- combatent clerk/Ex storemen who exercises option to get benefit of this provision envisaged in Para K(1) above. The option from such reemployed employees should be obtained within three months from the date of their reemployment.

    3. The reemployed employees, who opt to get benefit of the orders contained in this para (K), their pension will be deducted from the pay fixed by ignoring Rs. 15/- thereof. In other words the reemployed employees opting for these benefits will not get benefit of the non deduction of pension while fixing the pay on reemployment as envisaged in para (B).

    4. If the resultant amount does not correspond to a stage in the scale of reemployment post, the pay may be fixed at the next lower stage and the difference may be allowed as personal pay to be absorbed in future increments.

    5. Where the pay in such cases is fixed below the minimum of scale of reemployed post as a result of adjustment of amount of pension in excess of Rs. 15/- per month, increases in pay may be allowed after each year of service at the rate of increment admissible as if the pay has been fixed at the minimum till the minimum is reached. Thereafter the increments may be given in usual manner.

  12. For the correct determination of pay, the information such as pay last drawn, special pay if any, gross pension prior to receiving commutation of pension, Amount of Death Cum-retirement gratuity or other gratuity admissible under the rules applicable to the incumbent amount of pension equivalent to DCRG etc, should be obtained from the authority which allowed pensionery benefits. In respect of the employees who were working under the Government of Gujarat prior to retirement, such information may be obtained from the Director of pension and Provident Fund.
     

  13. The powers to fix the pay on reemployment are hereby delegated to the concerned Heads of Departments under whom the reemployed employee has been appointed. In the case of gazetted officers, the power should be exercised by the concerned Administrative department in Sachivalaya.

 These orders shall come into effect from 1st of August 1988 and the pay of pensioners who are reemployed on 1st August 1988 shall be regulated in accordance with these orders.

By order and in the name of the Governor of Gujarat,

S. B. BAXI
Deputy Secretary to Government,
Finance Department

To,

The Secretary to the Governor,
The Personal Secretary to Chief Minister.
The Personal Secretaries to all Minister.
The Personal Secretary to the leader of the Opposition party.
All the Departments of Secretariat.
All the collectors/All the District Development Officers.
All Treasury Officers/ Allother Heads of Departments/Offices.
The Registrar, Gujarat High Court, Ahmedabad.
The Secretariat Gujarat Legislature Secretariat, Gandhinagar
The Secretary , Gujarat Public Service Commission, Ahmedabad
The Secretary, Gujarat Vigilance Commission Gandhinagar.
The Director of Pension and provident Fund, Ahmendabad.
The Director of Accounts and Treasuries, Ahmedabad.
The President, Gujarat Civil Service Tribunal, Gandhinagar.
All Associations of Retired Government Servants.
All Associations of Employees of Panchayat Services
The Accountant General-I (Audit) Gujarat, Ahmedabad
The Accountant General-II (A & EF) Gujarat, Rajkot.
The Senior Deputy Accountant General (A & E) Ahmedabad.
The Senior Deputy Accountant General (Audit), Gujarat, Rajkot
The pay and Accounts Officer, Ahmedabad/Gandhinagar
All Branches in Finance Department.
A Distribution.

 

Pay fixation on reemployment and other anciliary matters

GOVERNMENT OF GUJARAT FINANCIAL DEPARTMENT
Corrigendum No . NVT-3286-GOI-95-P,
Sachivalaya, Gandhinagar,
Dated the 12th January, 1989

CORRIGENDUM

The para 2 of the G.R.E.D dated 17th August 1988 of even number shall be replaced by the following para.

2. These order shall come into effect from 1st August 1988. However, the benefit under these orders till also accord to the pensions who are already reemployed prior to 1st August 1988 and continued as such thereafter.

By order and in the name of the Governor of Gujarat,

S. B. BAXI
Deputy Secretary to Government,
Finance Department

To,

The Secretary to the Governor,
The Personal Secretary to Chief Minister.
The Personal Secretaries to all Minister.
The Personal Secretary to the leader of the Opposition party.
All the Departments of Secretariat.
All the collectors/All the District Development Officers.
All Treasury Officers/ Allother Heads of Departments/Offices.
The Registrar, Gujarat High Court, Ahmedabad.
The Secretariat Gujarat Legislature Secretariat, Gandhinagar
The Secretary , Gujarat Public Service Commission, Ahmedabad
The Secretary, Gujarat Vigilance Commission Gandhinagar.
The Director of Pension and provident Fund, Ahmendabad.
The Director of Accounts and Treasuries, Ahmedabad.
The President, Gujarat Civil Service Tribunal, Gandhinagar.
All Associations of Retired Government Servants.
All Associations of Employees of Panchayat Services
The Accountant General-I (Audit) Gujarat, Ahmedabad
The Accountant General-II (A & EF) Gujarat, Rajkot.
The Senior Deputy Accountant General (A & E) Ahmedabad.
The Senior Deputy Accountant General (Audit), Gujarat, Rajkot
The pay and Accounts Officer, Ahmedabad/Gandhinagar
All Branches in Finance Department.
A Distribution.

 


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Last updated on 20-09-2006