PCDA Circular C-166 : Counting of former AF Service (Army/Navy/AF) towards Civil Services
OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADI GHAT, ALLAHABAD- 211014
Circular No C-166
No. G1/C/077/ Vol-XIII/Tech
O/o the PCDA (P), Allahabad
Dated: 16/06/2017
To, —————————————-
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(All Head of Department under Min. of Defence)
Sub: – Counting of former AF Service (Army/Navy/AF) towards Civil Services- Clarification regarding…
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On the introduction of New Pension Scheme, counting of Former Service was stopped. GOI, DP&PW vide their OM No. P&PW OM No.28/30/2004- P&PW (B) dated 26 July, 2005 followed by OM dated 28.10.2009 allowed counting of Former Service for such employees only who have been mobilized after submitting technical resignation for new appointment in the new Ministry/Department/Central Autonomous bodies subject to fulfillment of other prescribed condition.
2. The subject matter was referred for clarification as to whether benefits of counting of former service as per Rule 19 of the CCS (Pension) Rules 1972 is allowed to those reemployed Ex-Servicemen who have been appointed to civil establishment on or after 01.01.2004 on the issuance of GOI DP&PW vide their OM No. P&PW OM No.28/30/2004- P&PW (B) dated 26 July, 2005 followed by OM dated 28.10.2009.
3. In this regard competent authority has issued following clarifications:-
i. Vide Rule 2 of the CCS(Pension) Rules 1972 are not applicable to those who have been appointed to civil establishment on or after 01.01.2004 i.e. benefits of Rule 19 of the CCS(Pension) Rules 1972 are also not available to those appointed to civil establishment on or after 01.01.2004.
ii. DP&PW vide their OM No 28/30/2004-P&PW (B) dt. 26.07.2005 followed by 28.10.2009 had allowed counting of former service for those employees only who have been mobilized after submitting technical resignation for new appointment in the new Ministry/Department/Central Autonomous Bodies subject to fulfillment of other conditions i.e. unless and until Armed Forces Personnel had joined new service after rendering technical resignation for joining the new post, he/she shall not be covered under Deptt. of P&PW OM No. 28/30/2004 P&PW (B) dt. 28.10.2009.
3. Therefore, it is requested that all similarly placed cases may be regulated accordingly. Cases where benefits of Rule 19 of the CCS(Pension) Rules 1972 have been given to those appointed to a civil establishment on or after 01.01.2004 may be reviewed de-novo and necessary action may be taken in each case in consultation with Pay Controllers.
4. In view of the foregoing, you also are requested to issue suitable instructions (along with copy of this circular) to all the Head of Offices under your administrative control to ensure that claim on the subject matter henceforth are floated in accordance with clarification given in above Para.
Sports facilities for Central Government Employees & their dependent families : DOPT
No. 108/01/2016-17/CCSCSB
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Lok Nayak Bhawan, New Delhi
Dated : 21st June 2017
CIRCULAR
Subject :- Use of Sports facilities of Sports Authority of India under Come & Play Scheme in Badminton, Table Tennis & Fitness Centre for Central Government Employees & their dependent families — regarding
The Central Civil Services Cultural & Sports Board (CCSCSB) under administrative control of the Department of Personnel & Training (DOPT), a nodal agency for promotion of Cultural & Sports activities amongst the Central Government Employees in the country, had started a scheme for use of Sports facilities of Sports Authority of India under their Come & Play scheme in Badminton, Table Tennis and Fitness Centre for Central Government Employees & their dependent families members. The details of the Come & Play Scheme are available at http://www.sportsauthorityofindia.nic.in => Schemes => Come and Play-Scheme.
2.Under the scheme, the Central Government Employees & their dependent family members may use sporting facilities for Badminton, Table Tennis and Fitness Centre (excluding Sauna Facility) of the Sports Authority of India (SAI) at their rates (on monthly basis) or rates available for Central Government employees and their dependent family members, whichever is lower.
3.On submission of monthly payment receipts (in original) of SAI to CCSCSB, the amount charged by SAI will be reimbursed after deducting the amount of Rs. 100/- (for Badminton and Table Tennis) and Rs. 200/- (for Fitness Centre), directly to their bank accounts linked with Aadhaar It may be noted that this scheme is one of identified scheme of DOPT for DBT on boarding. The bank details (like Account number, Bank & Branch name, IFSC code & Aadhaar Number) may be furnished while submitting payment receipts for reimbursement, directly to the Secretary (CCSCSB), Room No. 361, DOPT, Lok Nayak Bhawan, New Delhi-110003.
4.All Ministries / Departments are requested to disseminate this circular for wide publicity in the Ministries / Departments and their attached & subordinate offices.
Kendriya Vidyalaya Sangathan vide office-order of even number dated 30.03.2017, conveyed approval of Government of India, for establishing 50 new Kendriya Vidyalayas under Civil Sector with the stipulation that the sponsoring authority concerned is required to transfer the identified and demarcated land and also to give possession of the same to KVS prior to opening of the new Kendriya Vidyalaya. Kendriya Vidyalaya Ganj Basoda, District Vidisha, Madhya Pradesh is one of the 50 new Kendriya Vidyalayas sanctioned
Since the land in the matter of this Kendriya Vidyalaya has been transferred in favour of Kendriya Vidyalaya concerned, sanction of the Commissioner, KVS is hereby conveyed to start a new Kendriya Vidyalaya under Civil Sector with immediate effect, at the following location:
S.No
Name of Kendriya Vidyalaya
Kendriya Vidyalaya will be made functional at:
1
Ganj Basoda, District Vidisha
C/o Government Model Higher Secondary (Ground Floor), Jiwajipur, Tyonda Road, Ganjbasoda, District Vidisha, Pin – 464221, Madhya Pardesh.
The above Vidyalaya will start functioning from class I to V ( single section in each class) during the academic year 2017-18 and thereafter will grow consequently based on feasibility.
The admission process may be completed within 30 days from the date of issue of this order
Kendriya Vidyalaya Sangathan vide office-order of even number dated 30.03.2017, conveyed approval of Government of India, for establishing 50 new Kendriya Vidyalayas under Civil Sector with the stipulation that the sponsoring authority concerned is required to transfer the identified and demarcated land and also to give possession of the same to KVS prior to opening of the new Kendriya Vidyalaya. Kendriya Vidyalaya Kadrimidri, District Chikkmagaluru, Karnataka is one of’the 50 new Kendriya Vidyalayas sanctioned.
Since the land in the matter of this Kendriya Vidyalaya has been transferred in favour of Kendriya Vidyalaya concerned, sanction of the Commissioner, KVS is hereby conveyed to start a new Kendriya Vidyalaya under Civil Sector with immediate effect, at the following location:
S.No
Name of Kendriya Vidyalaya
Kendriya Vidyalaya will be made functional at:
1
Kadrimidri, District Chikkmagaluru
C/o DIET Building Campus, Ramanahalli, Chikkmagaluru Post Office, Pin- 577101, Karnataka
The above Vidyalaya will start functioning from class I to V (single section in each class) during the academic year 2017-18 and thereafter will grow consequently based on feasibility.
The admission process may be completed within 30 days from the date of issue of this order.
Kendriya Vidyalaya Sangathan vide office-order of even number dated 30.03.2017, conveyed approval of Government of India, for establishing 50 new Kendriya Vidyalayas under Civil Sector with the stipulation that the sponsoring authority concerned is required to transfer the identified and demarcated land and also to give possession of the same to KVS prior to opening of the new Kendriya Vidyalaya. Kendriya Vidyalaya Sattenapalli, District Guntur, Andhra Pradesh is one of the 50 new Kendriya Vidyalayas sanctioned.
Since the land in the matter of this Kendriya Vidyalaya has been transferred in favour of Kendriya Vidyalaya concerned, sanction of the Commissioner, KVS is hereby conveyed to start a new Kendriya Vidyalaya under Civil Sector with immediate effect, at the following location:
S.No
Name of Kendriya Vidyalaya
Kendriya Vidyalaya will be made functional at:
1
Sattenapalli, District Guntur
C/o Government Junior College Campous, opposite Mandal Revenue Office, Main Road, Sattenapalli Guntur District, Pin- 522403, Andhra Pradesh.
The above Vidyalaya will start functioning from class I to V ( single section ineach class) during the academic year 2017-18 and thereafter will grow consequently based on feasibility. The admission process may be completed within 30 days from the date of issue his order.
EPFO signs MoU with HUDCO under new Housing Scheme of EPF & MP Act-1952
Dr. V.P. Joy, Central Provident Fund Commissioner and Dr. M. Ravi Kanth, CMD HUDCO signed a Memorandum of Understanding (MoU) in the august presence of Union Minister of Urban Development, Housing & Urban Poverty Alleviation, Shri M. Venkaiah Naidu and the Minister of State (Independent Charge), Labour & Employment, Shri Bandaru Dattatreya for facilitating “Housing for All by 2022” here today.
Home Loan
By taking one step forward to achieve Hon’ble Prime Minister Shri Narendra Modi’s vision of Housing for all by 2022, EPFO has amended EPF Scheme 1952 vide Gazette notification No. G.S.R. 351(E) dated 12th April, 2017 to provide assistance in acquiring affordable houses to the EPF members by allowing withdrawal from the provident fund to the extent of 90% of the total PF accumulation and also facilitating payment of installment of housing loan. The major objective of this scheme is to assist in building houses for workers integrating with housing programmes of the Central and State Governments.
The salient features of this scheme are:-
1. Bringing together all stake holders namely, workers, employers, financial institutions & housing agencies to provide workers’ need for Housing.
2. Forming Housing societies for collective action, ten or more members can register a society. Society will arrange housing units from public/private housing providers, apply to the concerned PF office through the society for getting Certificate of Fund & Contribution.
3. Channelizing the corpus of EPF savings to build affordable housing for the working class, withdrawal of up to 90% of accumulations in members Provident Fund Accounts is allowed.
4. Banks/Financing Agencies can make use of certificate issued by Commissioner to arrive EMI for withdrawal under Para 68 BD (3) of EPF Scheme.
5. Full/ Part repayment of loans out of monthly P.F. Contributions.
6. Eligibility condition relaxed for such withdrawal, now membership period of EPF reduced from 5 years to 3 years.
7. Members can avail interest subsidy up to 2.20 lakh in Credit Linked Subsidy Scheme (CLSS) through Ministry of Housing and Urban Poverty Alleviation through its Nodal Agency HUDCO and National Housing Bank for those members whose annual income is less that the amount specified in Pradhan Mantri Awas Yojna.
8. Individual housing loan repayment can be done by authorizing EPFO to pay installments directly to the lending agency.
Restoration of full pension of absorbee pensioners in view of the order dated 01.09.2016 of Hon’ble Supreme Court in Civil Appeal No. 6048/2010 and Civil Appeal No. 6371/2010
F.No. 4/34/2002-P&PW(D).Vol.II
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners Welfare
3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi
Dated the 23rd June, 2017
OFFICE MEMORANDUM
Subject: Restoration of full pension of absorbee pensioners in view of the order dated 01.09.2016 of Hon’ble Supreme Court in Civil Appeal No. 6048/2010 and Civil Appeal No. 6371/2010.
The undersigned is directed to say that in accordance with the instructions which existed before 31.03.1995, a Government servant, on absorption in a Public Sector Undertaking or an Autonomous Body, had the option to draw pro-rata gratuity and a lump sum amount in lieu of pension. The option regarding payment of lump sum amount in lieu of monthly pension on absorption in a PSU or autonomous body was available in terms of the instructions issued vide Department of Expenditure’s O.M. No. 26(18)-E.V(B)/75 dated 08.04.1976, Department of Personnel & Training’s O.M. No. 28016/5/85-Estt.(C) dated 31.01.1986 and Department of Pension & Pensioners’ Welfare’ O.M. No. 4(12)/85-P&PW dated 31.03.1987. This option was also available to Government employees on absorption in PSUs/autonomous bodies of the State Governments and Joint Sector undertakings in teens of this Department’s O.M. No. 4/43/88-P&PW(D) dated 16.10.1989. The teens and conditions for absorption of Government employees consequent on conversion of a Government Department into a PSU or autonomous body issued vide this Department’s O.M. No. 4/18/87-P&PW(D) dated 5.7.1989 also provided fora similar option of lump sum payment in lieu of monthly pension.
2. In accordance with Rule 37-A of the Central Civil Services (Pension) Rules, 1972, incorporated vide Department of Expenditure’s Notification No. 44(1)-E.V./71 dated 09.04.1973, on exercise of the above option, an employee was entitled to a lump sum amount not exceeding the commuted value of one-third of the pension and terminal benefit equal to twice the aforesaid lump-sum amount, subject to the condition that the Government servant surrendered his right of drawing two-thirds of his pension.
3. The option to draw a lump sum amount in lieu of pension was withdrawn vide this Department’s O.M. No. 4/42/91-P&PW(D) dated 31st March, 1995. Accordingly, the erstwhile Rule 37-A was omitted from the CCS(Pension) Rules, 1972 vide Notification No. 4/42/91-P&PW(D) dated 25.06.1997.
4. In implementation of the Order dated 15.12.1995 of Hon’ble Supreme Court in WP(C) No. 11855/85, instructions were issued vide this Department’s O.M. No. 4/3/86-P&PW(D) dated 30.09.1996 for restoration of one-third commuted portion of pension of Govermnent servants who had drawn lump sum payment on absorption in
a PSU/autonomous body. Further instructions were issued, from time to time, for computation and revision of the one-third restored pension of such absorbee pensioners and for payment of the attendant benefits like dearness relief, etc. to such absorbee pensioners. Orders for revision of the one-third restored pension w.e.f. 01.01.2006 of such absorbee pensioners were issued vide this Department’s O.M. No 4/38/2008- P&PW(D) dated 15/09/2008, O.M. No. 4/30/2010-P&PW(D) dated 11/07/2013. and O.M. No. 4/38/2008-P&PW(D) dated 04/08/2016. These absorbee pensioners were, however, entitled to dearness relief and age-related additional pension based on the notional full pension.
5. Hon’ble High Court of Judicature of Madras, in its judgement dated 02-08-2007 in Writ Petition no. 22207/2002 filed by one Sh. K. Ganesan, an officer in the office of Controller General of Accounts, held that surrendering of the right for drawal of 2/3rd of Pension after its commutation, as provided under Rule 37-A (b), was repugnant to Section 12 of the Pensions Act, 1871 and that the petitioner was lawfully entitled for the restoration of his pension after the expiry of the period of commutation of 2/3`d pension. Hon’ble High Court, accordingly, directed restoration of 2/3`d pension and payment of arrears accordingly.
6. An SLP(Civil) No. 4054/2008 (converted into Civil Appeal No. 6048/2010) was filed by the Union of India challenging the aforesaid order dated 02-08-2007 of Hon’ble High Court of Judicature of Madras. In its order dated 1.9.2016, Hon’ble Supreme Court found no justification to interfere with the order dated 02.08.2007 of Hon’ble High Court directing restoration of 2/3rd pension in respect of the respondent (Shri K. Ganesan), after the expiry of the requisite period of commutation. The Civil Appeal No. 6048/2010 was accordingly dismissed by Ilon’ble Supreme Court. In the said judgement dated 1.9.2016, similar direction was passed by Hon’ble Supreme Court in the Civil Appeal No. 6371/2010 for restoration of 2/3`d pension in respect of the petitioners, Shri K.L. Dhall, an absorbed employee of Ministry of Civil Aviation and member pensioners of Welfare Association of Central Government Officers, CAD Absorbed in PSU.
7. Review Petitions No. 465/2017 and No. 472/2017 were filed by Union of India in the Supreme Court against the aforesaid order dated 1.9.2016. Instructions were separately issued to the office of Controller General of Accounts and the Ministry of Civil Aviation vide OM No.4/34/2002-P&PW(D).Vol.II dated 21-12-2016 and OM No. 4/34/2002-P&PW(D).VoLII dated 21-12-2016 respectively, for implementation of the orders of Hon’ble Supreme Court in respect of the petitioner/respondent pensioners in the aforesaid Civil Appeals, subject to the final outcome of the Review Petitions. The aforesaid Review Petitions No. 465/2017 and No. 472/2017 have been dismissed by Hon’ble Supreme Court on 22.03.2017.
8. The matter has been examined in consultation with the Department of Legal Affairs and the Ministry of Finance (Department of Expenditure). It has been decided to extend the benefit of order dated 02-08-2007 of the Hon’ble Madras High Court and the Order dated 01-09-2016 of the Hon’ble Supreme Court to all similarly placed absorbee pensioners. Accordingly, all such absorbee petitioners who had taken 100% lump-sum amount in lieu of pension on absorption in PSUs/Autonomous Bodies in accordance with the then existing Rule 37-A and in whose case 1/3 pension had been restored after 15 years, may be allowed restoration of full pension after expiry of conunutation period of 15 years from the date of payment of 100% lump-sum amount.
9. The absorbee pensioners whose full pension is restored in terms of the above instructions would also be entitled to revision of their pension in accordance with the instructions issued from time to time in implementation of the recommendations of the Pay Commissions, including the 7th Central Pay Commission.
10. In their application to the persons belonging to the Indian Audit and Accounts Department, these orders issue in consultation with the Comptroller and Auditor General of India.
11. Ministry of Agriculture etc. are requested to bring the contents of these Orders to the notice of Controller of Accounts/Pay & Accounts Officers and Attached & subordinate Offices under them on a top priority basis and for taking necessary action for implementation of the above instructions. All pension disbursing offices are also advised to prominently display these orders on their notice boards for the benefit of pensioners.
12 This issues with the approval of Ministry of Finance (Department of Expenditure) vide their ID Note No.1(11)/EV/2017 dated 26-05-2017 and dated 13-6-2017.
Leave Entitlement of Casual Labourers with temporary status
No. 01-07/2016-SPB-I
Government of India
Ministry of Communications
Department of Posts
Dak Bhawan, Sansad Marg,
New Delhi – 110001.
Dated: 12, June, 2017
To,
1. All CPMsG
2. All PMsG
3. Director, Rafi Ahmed Kidwai National postal Academy,
4. All Directors, PTC
5. All Directors, Postal Accounts
6. Controller, Foreign Mails, Mumbai
7. Heads of all other Administrative Offices.
Subject: Leave Entitlement of Casual Labourers with temporary status.
Sir/Madam
Department of Posts had circulated a Scheme viz. Casual Labourers (Grant of Temporary Status and Regularization) Scheme vide Directorate’s letter 45-95/87-SPB-I dated 12.04.1991 which has been amended from time to time.
2. The Directorate has received several representations regarding encashment of accumulated leaves to Casual Labourers with Temporary Status covered under the said Scheme. In this regard, following clarifications are hereby issued in line with DOPT’s Scheme circulated vide its OM No. 51016/2/90 Estt. (C) dated 10.09.1993 and OM No.49014/3/2007-Estt(C) dated 18.10.2007
c) Leave entitlement will be on a pro-rata basis at the rate of one day for every 10 days of work, casual or any other kind of leave, except maternity leave will not be admissible. They will also be allowed to carry forward the leave at their credit on their regularization. They will not be entitled to the benefits of encashment of leave on teiniination of service for any reason or on their quitting service.
d) The limit on accumulation of total number of leave will be 300 days as in the case of regular Government employees. In other words, Casual Labourers with Temporary Status can accumulate leave up to a maximum of 300 days only.
Yours faithfully,
(Satya Narayana Dash)
Assistant Director General (SPN)
Kind attention is invited to Federation’s letters cited above and my discussions with DG(P) wherein the Federation had requested that the retired Railway Doctors may be allowed to be reappointed upto the age of 70 years on the specific recommendation of concerned CMD for such appointment against a vacant post. As a result of discussions, the DG (P) said that the Board would consider processing the case for permitting the retired Railway Doctors for reappointment subject to the upper age limit being 68 years.
It is, however, learnt that there has been no progress towards revising the existing age limit of 65 years upwardly. Federation, therefore, once again requests to kindly arrange to take necessary action for allowing the reappointment of retired Railway Doctors on the specific approval of concerned CMD atleast upto the age of 68 years.
Yours faithfully,
S/d,
(Dr. M. Raghavaiah)
General Secretary
Sub: Filling up 50% of DR Quota vacancies through GDCE — Eligibility to staff in same Grade Pay/Pay Scale-reg.
Ref: (i) Railway Board’s letter No. E(NG)I-92/PM2/16 dated 20/08/1993.
(ii) Railway Board’s letter No. E(NG)I-2001/PM2/12 dated 21/01/2002.
(iii) Railway Board’s letter No. E(NG)I-2011/13M1/2 dated 12/09/2014 & 16/09/2014.
(iv) NFIR’s letter No. II/6/Part 7 dated 27/05/2017 addressed to Rly., Bd.
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NFIR vide its letter dated 27/05/2017 demanded the Railway Board to modify the GDCE Scheme in order to see that the employees working in the same Grade Pay may apply for the post to be filled through GDCE of same Grade Pay/Pay Level.
Discussions were held on the subject on 20th June 2017 with the Board (AM/Staff). Federation feels happy to report that there was broad agreement and those staff working in same Grade Pay will be allowed to appear in the GDCE for the same Grade Pay/Pay Level against safety category posts.
