Tuesday, 23 October 2018

Transfer on deputation/foreign service of Central Government Employees - DoPT Orders dt.18.10.2018

Transfer on deputation/foreign service of Central Government Employees - DoPT Orders dt.18.10.2018

Transfer on deputation/foreign service of Central Government Employees to ex-cadre posts under the State Governments/ Union Territories or to any entity controlled by and located in the States /UTs
F.No.2/15/2017-Estt.(Pay-II)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block, New Delhi
Dated: 18th October, 2018
OFFICE MEMORANDUM

Subject : Transfer on deputation/foreign service of Central Government Employees to ex-cadre posts under the State Governments/ Union Territories or to any entity controlled by and located in the States /UTs - relaxation of para 8.5 of O.M. dated 17.6.2010.

This Department's OM No. 6/8/2009-Estt.(Pay-II) dated 17th June, 2010 regulates Pay, Deputation (Duty) Allowance, Tenure of Deputation / Foreign Service and other terms and conditions on the subject of deputation / foreign service of Central Government employees to ex-cadre posts under the Central Government, State Governments, Public Sector Undertakings, Autonomous
Bodies, Union Territories Administration, local Bodies etc and vice-versa. Subject to its applicability as provided in para 2 of the OM, these instructions cover cases of deputation/foreign service where Central Government is either lending authority or borrowing authority or both.

2. As per para 8.5 of the aforesaid OM, a Central Government employee shall be eligible for deputation / foreign service to posts in State Government / State Government Organisations/Governments of UTs / Government of UT's Organisations / Autonomous Bodies, Trusts, Societies, PSUs etc. not controlled by the Central Government only after he has completed 9 years of service and is clear from vigilance angle.

3. As per para 10 of the aforesaid OM, any relaxation of these terms and conditions will require the prior concurrence of the Department of Personnel & Training.

4. Various administrative Ministries / Departments / Borrowing Organisations have been approaching this Department for relaxation of the eligibility condition of minimum 9 years of service for proceeding on deputation / foreign service, on case to case basis, citing exigencies, quoting provisions of para 10 of the OM dated 17.06.20 10.

5. The matter has been considered in this Department and it has been decided that Ministries/Departments may consider and allow relaxations to para 8.5 of the OM dated 17.06.2010
with the approval of their Minister-in-charge in following category of cases:-
a) A Central Government employee after completion of 7 years of service in his/her cadre, may be allowed to go on deputation to any State of North Eastern Region and Jammu and Kashmir and Union Territories of Andaman & Nicobar and Lakshadweep or on foreign service to any entity controlled by and located in the said States/ Union Territories.

b) Central Government employees may be allowed to go on deputation to State Governments /Union Territories or on foreign service to any entity controlled by and located in the States/ Union Territories on spouse ground after completion of 6 years of service in the cadre.
6. The cases not covered by above dispensation will not be considered for relaxation. All other terms and conditions issued vide OM No. 6/8/2009-Estt.(PayII) dated 17th June, 2010 as amended from time to time will remain unchanged.

7. In so far as persons serving in the Indian Audit & Accounts Department are concerned, these orders issue after consultation with the Comptroller & Auditor General of India.

8. These orders shall come into effect from the date of issue of this OM.
sd/-
(A.K. Jaii
Deputy Secretary to the Govt. of India
Source: https://dopt.gov.in/

Pension Revision for PBOR - PCDA Circular 607


Pension Revision for PBOR - PCDA Circular 607

Revision of pension in respect of Personnel below Officer Rank (PBOR) discharged prior to 01.01.2006

OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADI GHAT, ALLAHABAD- 211014
Circular No. 607
Dated: 01/10/2018
To,
1.The Chief Accountant, RBI, Deptt. Of Govt, Bank Accounts, Central Office C-7,Second Floor, Bandre- Kurla Complex, P B No. 8143, Bandre East Mumbai- 400051
2. All CMOs,Public Sector Banks.
3. The Nodal Officers, ICICI/HDFC/AXIS/IDBIBanks
4. All Managers, CPPCs
5. Military and Air Attache, Indian Embassy, Kathmandu, Nepal
6. The PCDA(WC),Chandigarh
7. The CDA (PO),Meerut
8. The CDA Chennai
9. The Director of Treasuries, All States
10.The Pay and Accounts Officer, Delhi Administration, R K Puram and Tis Hazari, New Delhi.
11.The Pay and Accounts Office, Govt of Maharashtra, Mumbai
12.The Post Master Kathua (J&K) and Camp Bell Bay.
13. The Principal Pay and Accounts Officer Andaman and Nicobar Administration Port Blair.

Subject:- Implementation of Govt. decision on the recommendation of the Cabinet Secretary's Committee - Revision of pension in respect of Personnel below Officer Rank (PBOR) discharged prior to 01.01.2006.

Reference:- Circular No. 430 dated 10.03.2010.

Complaints/representations are being received in PSAs regarding revision of pension w.e.f. 01.07.2009 by various PDAs in respect of three trades of Air Force viz. ACH GO, Catering Assistant and MT Driver in Group Z instead of Group Y inspite of up gradation of these trades w.e.f. 10.10.1997.

2. Now, it has been decided by the competent authority vide MoD letter no. 1(4)/2012/D(Pension/Policy) dated 08.03.2018 that revision of pension of under mentioned trades be carried out as per pension revision tables meant for Group Y under Ministry's letter no. PC 10(1)/2009-D(Pen/Pol) dated 08.03.2010.

TRADE
ACH GO, Caterin Asst. And MTD

w.e.f. 10.10.1997
Pay Group IV equated to Group Y

3. In view of above, it is requested that such type of cases where PDAs are unable to revise pension due to change of group of trades, the same may be referred to the PSAs concerned through Record Office (who in turn will provide certificate/document showing trade of individual at the time of entry and also at the time of discharge) so that Carr. PPO, if necessary, may be issued in case to case basis.

4. All other terms and conditions shall remain unchanged.

5. The above amendments shall take effect from date of implementation of their respective orders. Arrears in affected cases shall be released by the Pension Disbursing Agencies.

6. This circular has been uploaded on this office website www.pcdapension .nic.in for dissemination across the all concerned.
sd/-
(Sushil Kumar Singh)
(Jt. CDA(P)
View order
Source: http://pcdapension.nic.in

Clarification on modalities of transfer of the NPS contribution to casual labourer with temporary status to their GPF accounts

Clarification on modalities of transfer of NPS - DoPT Orders dt. 11.10.2018

No.49014/2/2014-Estt.(C)-PT.I
Government of India
Ministry of Personnel, PG and Pensions
Department of personnel & Training
North Block, New Delhi
Dated: 11th October, 2018
OFFICE MEMORANDUM

Subject: Clarification on modalities of transfer of the NPS contribution to casual labourer with temporary status to their GPF accounts.

The undersigned is directed to refer to this Department's 0M No.51016/2/90-Estt (C) dated the 10th September, 1993 vide which a scheme for grant of temporary status to the casual employees was framed. The scheme applied to those casual labourers who were in employment on the date of the issue of the 0M and had rendered one year of continuous service in Central Government offices, which meant that they must have been engaged for a period of at least 240 days (206 days in the of offices observing days week). The scheme did not apply to Departments of Telecom & posts and Ministry of Railways.

2. As the scheme, after rendering three years' continuous service after conferment of temporary status, the casual labourers were to be treated at par with temporary Group 'D' employees for the purpose of contribution to the General Provident Fund. Further, after their regularisation, of the service rendered under temporary status was to counted for of retirement benefits.

3. As per para 8 of the scheme, two out of every three vacancies in Group 'D' in respective offices where the casual labourers had been working was to be filled up as per extant recruitment rules and in accordance with the instructions issued by Department of Personnel and Training from amongst casual workers with temporary status. However, regular Group 'D' staff rendered surplus for any reason would have prior claim for absorption against existing/future vacancies.

4. Vide the O.M. No.49014/1/2004 -Estt.(C) dated the 26th April, 2004, the above scheme was reviewed in light of introduction of New Pension Scheme in respect of appointed to the Central Government service on or after 1.1.2004. These casual labourers with temporary Status were now to be considered under the NPS and their underlying amount in GPI was credited to them.

5. The 0M dated 26th April, 2004 was quashed by various benches of CAT/High Courts who had decided that the scheme could not modified retrospectively.

6. The position was reviewed in the light of the Court judgements in consultation with the Department of Expenditure. It was then decided vide this Department's O.M. No. 49014/2/2014- Estt(C) dated 26.02.2016 and 0M. No. dated 28.07.2016 that the casual labourers who had been granted temporary status under the scheme, and have completed 3 years of continuous service after that were entitled to contribute to the General Provident Fund. It was also decided that of the service rendered under temporary status would be counted for the purpose of retirement benefits in respect of those casual labourers who have been regularised in terms of para 8 of the 0M dated 10.09. 1993. This was applicable to all casual labourers covered under the scheme Of 1993 whether they were regularised before or after 31.12.2003.

7. It was emphasised that the benefit of temporary status is available only to those casual labourers who were in employment on the date of the issue of the 0M dated 10th Septetmber, 1993 and were otherwise eligible for it. No grant of temporary status is permissible after that date. The employees erroneously granted temporary status between 10.09.1993 and the date of Hon'ble Supreme Court judgement in Union Of India And Anr vs Mohan Pal. 2002 (3) SCR 613, delivered on April, 2002, will however be deemed to have covered under the scheme of 10.09.93.

8. Subsequent to the issue of this Department's O. M. 49014/2/2014-Esst(C) dated 26.02.2016 and O.M. No. 49014/2/2014-Estt(C) dated 28.07.2016 several Ministries/ Departments were seeking clarifications as regards to the modalities of transfer of the amount lying in the NPS account to the GPF account of these casual labourers. The matter has been examined in consultation with D/o Pensions & Pensioners' Welfare, D/o Financial Services and D/o Expenditure.

9. D/o Pension and Pensioners' Welfare have clarified/ stated that the employees' share or the NPS subscription with interest should withdrawn and deposited in the GPE accounts if these CL-TS regularized after 31.12.2003 and the Government share with interest accrued under NPS should be deposited in Government's account.

10. Controller General of Accounts (CGA) have furnished following clarifications vide letter No. dt 11.03.2016 on a similar matter which are as under:
(i) Adjustment of Employees contribution in Accounts:- Amount may be credited to individual GPF Account and the account may he recasted permitting up-to-dare interest (Authority-FR-16 & Rule / of GPF Rules)

(ii) Adjustment Of Government contribution under NPS in Accounts. TO be accounted for as (-) Dr. to object heads Recoveries under major Head 2071- Pension and Other Retirement benefit-Minor Head 911- Deduct Recoveries Of over payment (GAR 35 and para 3.10 of List of Major and Minor Heads of Accounts)

(iii) Adjustment of increased value of subscription on account of appreciation of investment- may be for crediting the amount Govt. account under Contribution towards pensions and other Retirement Benefits 800- Other Receipts (Note under the above Head in LMMHA).
11. The principle underlying the consideration of the case of CL(TS) is that Casual labourers Who were covered under the scheme Of 1993 and have been regularised in terms Of the above scheme were entitled to GPF and Old Pension scheme even if they were regularised after 31.12,2003.

12. Furthermore. as per Dio Expenditure/CGA, if the kr•nefits under old pension scheme are to allowed to a retired employee, who had contributed towards NPS at any stage. the entire NPS accumulations i.e. employee's contribution + Government's matching contribution + appreciation thereon should be remitted into the accredited bank of the PAO concerned and the accounting procedure will be same in this case as prescribed at par 10 above.

13. All Ministries/Departments are requested to settle the matter explained amve If any further clarification is needed in the matter, they should approach CGA (Controller General of Accounts) directly, since CGA is the accounting agency and is competent to clarify the matter.
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(N.Sriraman)
Director (Establishment)
Source: https://dopt.gov.in/

How to Calculate Pay for Defence Personnel? Formula for Fixation of Pay

How to Calculate Pay for Defence Personnel? Formula for Fixation of Pay

Formulae for Fixation of Pay from 3rd CPC to 4th CPC
If 20% x of B.P (3rd CPC)Value is less than 75 then
B.P+ D.A + A.D.A + ad hoc DA + IR-1 & IR-2 + 75 = 4th CPC Basic Pay
Otherwise,
B.P + D.A + A.D.A+ ad hoc DA + IR-1 & IR-2+ + 20% of B.P= 4th CPC Basic Pay

Formulae for Fixation of Pay from 4th CPC to 5th CPC.
2.98 x (4th CPC B.P) + 100 = 5th CPC Basic P

Formulae for Fixation of pay from 5th CPC to 5th CPC (10-10-1997)
As per change of scale if occur.

Formulae for Fixation of Pay from 5th CPC to 6th CPC
a. As per Appendix G to S NI 01/S/2008
b. For X Group personnel add X Group Pay

Formulae for Fixation of Pay from 6th CPC to 7th CPC
As per Pay Matrix of 7th CPC

Revision of disability pension and family pension under CCS(EOP)Rules - inclusion of NPA


Revision of disability pension and family pension under CCS(EOP)Rules - inclusion of NPA

No.1/6/2017-P&PW (F)
Government of India
Ministry of Personnel Public Grievances and Pensions
Department of Pension and Pensioners Welfare

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003,
Dated the 10th October 2018
OFFICE MEMORANDUM
Subject: Revision of disability pension and family pension under CCS (EOP) Rules to pre 1996 and pre-2006 disability pensioners and family pension under CCS(EOP)Rules - inclusion of Non-practicing Allowance (NPA) for revision or disability pension and family pension covered under CCS(FOP) Rules to retired medical Officers - regarding

The undersigned is directed to say that orders were issued vide this Department’s OM No 45122/1997-P&PW (C) dated 11.9.2001 for revision of disability pension/Family pension under CCS(E0P)Rules in respect of Pre-1996 pensioners. These orders inter-alia provided for revision of Pension of Pre-1996 Disability Pensioners and family pensioners under EO.P Rules on the basis of the minimum basic pay in the revised pay scale applicable w.e.f 1 1.1996.

2. Vide this Department's OM No. 45/3/2008-P&PW(F) dated 30.9.2010, as amended vide OMs dated 20.11.2014, 29 4.2016 and 8.8.2016, orders were issued for revision of pre-2006 Disability Pensioners and family pensioners under EOP Rules on the basis of the minimum of the pay in the pay band plus grade pay or minimum of pay in the revised scare of pay applicable from 1.1.1996 corresponding to the pay scale from which the pensioner had retired, as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure OM No. 1/1/2008-IC dated 30/8/2008.Revision of disability pension and family pension under CCS(EOP)Rules - inclusion of NPA

3, In implementation of the judgment dated 27.11.2013 of Hon'ble Supreme Court in CA No. 10640-36 of 2013 and other connected matters, orders were issued. vide this Department's OM No. 38/31/2011-P&PW (A) (Vol.IV) dated 14.10.2014 that in the case of Pre-1996 retired Medical Officers, NPA at the rate of 25% shall be added to the minimum of the revised scale of pay as on 1.1.1996 corresponding to pre-1996 pay scales from which the pensioner has retired in cases where consolidated pension/family pension was to stepped up based on minimum of revised pay scales.

4. Similarly, orders were issued vide OM NO.38/31/2011-P&PW(A) (Vol-IV) dated the 18th February, 2015 that in the case of pre-2006 retired Medical Officers, NPA @ 25% would be added to the minimum of the pay in the revised pay band plus grade pay (or minimum of pay in the revised pay scale in the case of HAG and above ) as on 01.01.2006 corresponding to the pre-revised pay scales from which they retired in case where pension / family pension is to be stepped up to 50% / 30% of the minimum pay respectively

5. It is hereby clarified that for the purpose of revision of Disability Pension/family pension of the pre 1996 pensioners under CCS(EOP) Rules also, NPA at the rate of 25% shall be added .to the minimum of the pay in the revised scale of pay on 01,01.1996 corresponding to the Pre 1996 pay scales in respect of the retired Medical Officers. Similarly, for the purpose of revision of Disability pension/Family pension of pre-2006 pensioners under CCS(EOP)Rules, NPA @25% shall be added to the minimum of the pay in the pay band plus Grade pay or minimum of the pay in the revised pay scale applicable from 01.01.2006 corresponding to the pay scale from which the pensioner retired.

6. The emoluments (minimum pay + NPA) to be reckoned for calculation of the Disability Pension/Family pension in terms of the above provisions would not exceed Rs. 30,000/- w.e.f 1.1,1996 and Rs.85,000 w.e.f 1.1.2006.

7. The other terms and conditions stipulated in this Department’s OM No. OM No. 45/22/1997-P&PW (C) dated 11.9.2001 and OM No 45/3/2008-P&PW(F) dated 30,9.2010, 20.11.2014, 29.4.2016 and 8.8.2016 shall remain unchanged.

8. This issues with the approval of Ministry of Finance, Department of Expenditure vide their ID No.1(3)/E-V/2018 dated 08.08.2018

(Sujasha Choudhury)
Director

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