Applicability of Central Civil Services (Revised Pay) Rules, 2016 to
persons re-employed in Government Service after retirement and whose pay is
debitable to Civil Estimates *** No.3/3/2016-Estt. (Pay II), Government of India, Ministry of Personnel, Public Grievances & Pension, Deparrtment of Personnel & Training, North Block, New Delhi Dated 01.05.2017 *** OFFICE MEMORANDUM *** Applicability of Central Civil Services (Revised Pay) Rules, 2016 to persons re-employed in Government Service after retirement and whose pay is debibable to Civil Estimates.
7th CPC CCS (RP) Rules, 2016: Applicability to Person, Ex-servicemen
re-employed in Govt Service after retirement – DoPT Order
No. 3/3/2016-Estt. (Pay II)
Government of India
Ministry of Personnel, Public Grievances & Pension
Department of Personnel & Training
North Block, New Delhi
Dated 01.05.2017
OFFICE MEMORANDUM
Subject: Applicability of Central Civil Services (Revised Pay) Rules,
2016 to persons re-employed in Government Service after retirement and
whose pay is debitable to Civil Estimates.
The pay fixation of re-employed pensioners on re-employment in Central
Government, including that of Defence Forces personnel/officers, is being
done in accordance with Central Civil Services (Fixation of Pay of
Re-employed Pensioners) Orders, 1986, issued vide this Department’s O.M.
No. 3/1/85-Estt. (Pay ll) dated 31st July, 1986 (as revised from time’to
time). Persons re-employed in Government service after retirement have been
excluded from the purview of the Central Civil Services (Revised Pay)
Rules, 2016 vide Rule 2 (2)(vii) thereof. The question of extension of the
benefit of the revised pay rules to these persons and the procedure to be
followed for fixing their pay in the revised pay structure has been
considered by the Government.
Government, including that of Defence Forces personnel/officers, is being
done in accordance with Central Civil Services (Fixation of Pay of
Re-employed Pensioners) Orders, 1986, issued vide this Department’s O.M.
No. 3/1/85-Estt. (Pay ll) dated 31st July, 1986 (as revised from time’to
time). Persons re-employed in Government service after retirement have been
excluded from the purview of the Central Civil Services (Revised Pay)
Rules, 2016 vide Rule 2 (2)(vii) thereof. The question of extension of the
benefit of the revised pay rules to these persons and the procedure to be
followed for fixing their pay in the revised pay structure has been
considered by the Government.
The President is pleased to decide that, in partial modification of the
Rule 2 (2)(vii) of the Central Civil Services (Revised Pay) Rules, 2016,
the provisions of these rules shall apply to such persons also who were in
/ came into re-employment on or after 1st January, 2016, subject to the
orders hereinafter contained. This decision will cover all Government
servants re-employed in Central Civil Departments other than those employed
on contract except where the contract provides otherwise, whether they have
retired with or without a pension and/or gratuity or any other retirement
benefits, e.g. contributory fund etc. from a civil post or from the Armed
Forces.
Rule 2 (2)(vii) of the Central Civil Services (Revised Pay) Rules, 2016,
the provisions of these rules shall apply to such persons also who were in
/ came into re-employment on or after 1st January, 2016, subject to the
orders hereinafter contained. This decision will cover all Government
servants re-employed in Central Civil Departments other than those employed
on contract except where the contract provides otherwise, whether they have
retired with or without a pension and/or gratuity or any other retirement
benefits, e.g. contributory fund etc. from a civil post or from the Armed
Forces.
2. Re-employed persons who become eligible to elect revised pay structure
in accordance with these orders should exercise their option in the manner
laid down in Rule 5 and 6 of the Central Civil Services (Revised Pay)
Rules, 2016, within three months of the date of issue of these orders or in
cases where the existing scales of pay of the posts held by them are
revised subsequent to the issue of these orders, within three months of the
date of such order.
in accordance with these orders should exercise their option in the manner
laid down in Rule 5 and 6 of the Central Civil Services (Revised Pay)
Rules, 2016, within three months of the date of issue of these orders or in
cases where the existing scales of pay of the posts held by them are
revised subsequent to the issue of these orders, within three months of the
date of such order.
Fixation / drawal of pay of Personnel / Officers re-employed prior
to 01.01.2016 and who were in re-employment as on 01.01.2016:
3 (a) The initial pay of a re-employed Government servant who elects or is
deemed to have elected to be governed by the revised pay structure from the
1st day of January, 2016 shall be fixed according to the provisions of Rule
7 of the C.C.S. (R.P.) Rules, 2016, if he/she is-
deemed to have elected to be governed by the revised pay structure from the
1st day of January, 2016 shall be fixed according to the provisions of Rule
7 of the C.C.S. (R.P.) Rules, 2016, if he/she is-
(i) a Government servant who retired without receiving a pension, gratuity
or any other retirement benefit and
or any other retirement benefit and
(ii) a retired Government servant who received pension or any other
retirement benefits but which were ignored while fixing pay on
re-employment.
retirement benefits but which were ignored while fixing pay on
re-employment.
3(b) The initial pay of a re-employed Government servant who retired with a
pension or any other retirement benefit and whose pay on re-employment was
fixed with reference to these benefits or ignoring a part thereof, and who
elects or is deemed to have elected to be governed by the revised structure
from the 1“ day of January, 2016 shall be fixed in accordance with the
provisions contained in Rule 7 of the Central Civil
pension or any other retirement benefit and whose pay on re-employment was
fixed with reference to these benefits or ignoring a part thereof, and who
elects or is deemed to have elected to be governed by the revised structure
from the 1“ day of January, 2016 shall be fixed in accordance with the
provisions contained in Rule 7 of the Central Civil
Services (Revised Pay) Rules, 2016. Pension (excluding the ignorable
portion of pension, if any), as defined in para 3(1) of CCS (Fixation of
Pay of Re-employed Pensioners) Orders, 1986 admissible on relevant date,
i.e. date of coming over to the revised pay structure, effective from
112016 or later, shall be deducted from his / her pay in accordance with
the general policy of the Government on fixation and subsequent drawal of
pay of re-employed pensioners.
portion of pension, if any), as defined in para 3(1) of CCS (Fixation of
Pay of Re-employed Pensioners) Orders, 1986 admissible on relevant date,
i.e. date of coming over to the revised pay structure, effective from
112016 or later, shall be deducted from his / her pay in accordance with
the general policy of the Government on fixation and subsequent drawal of
pay of re-employed pensioners.
3(c) In addition to the pay so fixed, the re-employed Government servant
would continue to draw the retirement benefits he / she was permitted to
draw in the pre-revised scales, as modified based on the recommendations of
the Seventh Central Pay Commission, orders in respect of which have been
issued separately by the Departmentof Pension & Pensioners’ Welfare.
would continue to draw the retirement benefits he / she was permitted to
draw in the pre-revised scales, as modified based on the recommendations of
the Seventh Central Pay Commission, orders in respect of which have been
issued separately by the Departmentof Pension & Pensioners’ Welfare.
3(d) Where a re-employed Government servant elects to draw his / her pay in
the existing pay structure and is brought over to revised pay structure
from a date later than the 1st day of January, 2016, his /her pay from the
later date in the revised scale shall be fixed in accordance with the
provisions of Rule 11 of the Central Civil Services (Revised Pay) Rules,
2016.
the existing pay structure and is brought over to revised pay structure
from a date later than the 1st day of January, 2016, his /her pay from the
later date in the revised scale shall be fixed in accordance with the
provisions of Rule 11 of the Central Civil Services (Revised Pay) Rules,
2016.
4. Further, the existing ceiling of Rs. 80,000/- for drawal of pay plus
gross pension on re-employment is enhanced to Rs.2,25,000/-, the maximum
basic pay prescribed for Secretary to the Government of India under Central
Civil Services (Revised Pay) Rules, 2016.
gross pension on re-employment is enhanced to Rs.2,25,000/-, the maximum
basic pay prescribed for Secretary to the Government of India under Central
Civil Services (Revised Pay) Rules, 2016.
Ignorable part of Pension
5. The President is also pleased to enhance the ignorable part of pension
from Rs. 4000/- to Rs. 15,000/- (Rupees Fifteen Thousand) in the case of
Commissioned Service Officers and Civil Officers holding Group ‘A’ posts
who retire before attaining the age of 55 years. The existing limits of
civil and military pensions to be ignored in fixing the pay of re-employed
pensioners will, therefore, cease to be applicable to cases of such
pensioners as are re-employed on or after 1.1.2016.
from Rs. 4000/- to Rs. 15,000/- (Rupees Fifteen Thousand) in the case of
Commissioned Service Officers and Civil Officers holding Group ‘A’ posts
who retire before attaining the age of 55 years. The existing limits of
civil and military pensions to be ignored in fixing the pay of re-employed
pensioners will, therefore, cease to be applicable to cases of such
pensioners as are re-employed on or after 1.1.2016.
6. In the case of persons who were already on re-employment as on
01.01.2016, the pay may be fixed on the basis of these orders, with effect
from the date of coming over to the new pay structure, i.e. 01.01.2016 or
later, as per the option exercised by them in terms of para 2 above. In
such case, their terms would be determined afresh as if they have been
re-employed for the first time from such date of coming over to the
01.01.2016, the pay may be fixed on the basis of these orders, with effect
from the date of coming over to the new pay structure, i.e. 01.01.2016 or
later, as per the option exercised by them in terms of para 2 above. In
such case, their terms would be determined afresh as if they have been
re-employed for the first time from such date of coming over to the
new pay structure.
Fixation / drawal of pay of employees appointed on re-employment basis on
or after 1st day of January, 2016
or after 1st day of January, 2016
7. Pursuant to the introduction of the system of Pay Matrix vide the
Central Civil Services (Revised Pay) Rules, 2016, the President is further
pleased to amend the relevant provisions of CCS (Fixation of Pay of
re-employed Pensioners) Orders, 1986 in the manner indicated below:
Central Civil Services (Revised Pay) Rules, 2016, the President is further
pleased to amend the relevant provisions of CCS (Fixation of Pay of
re-employed Pensioners) Orders, 1986 in the manner indicated below:
Existing provision (1986 Orders read with OM dated 5th April 2010) |
Revised provision |
|
Para 4(a): Re-employed pensioners shall be allowed to draw
pay only in the prescribed pay scale/pay structure of the post in which they are re-employed. No protection of the scales of pay/pay structure of the post held by them prior to retirement shall be given. Note: |
Order 4(a): Re-employed pensioners shall be allowed to draw
pay only in the Level in the revised pay structure applicable to the post in which they are re-employed. No protection of the scales of pay/pay structure of the post held by them prior to retirement shall be given.
|
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Para 4(b)(i): In all cases where the pension is fully
ignored, the initial pay on re-employment shall be fixed as per entry pay in the revised pay structure of the re-employed post applicable in the case of direct recruits appointed on or after 1.1.2006 as notified vide Section II, Part A of First Schedule to CCS (RP) Rules, 2008. |
Order 4(b)(i): In all cases where the pension is fully
ignored, the initial pay on re-employment shall be fixed as per Rule 8 of the Central Civil Services (Revised Pay) Rules, 2016. Note 1: The case where pension is fully ignored is given in Note 2: Pension is fully ignored means that pension is not |
|
Para 4(b)(ii): In cases where the entire pension and
pensionary benefits are not ignored for pay fixation, the initial basic pay on re-employment shall be fixed at the same stage as the last basic pay drawn before retirement. However, he shall be granted the grade pay of the re- employed post. The maximum basic pay cannot exceed the grade pay of the re- employed post plus pay in the pay band of Rs.67000 i.e. the maximum of the pay band PB-4. in all these cases, the non- ignorable part of the pension shall be reduced from the pay so fixed. Illustration Note: |
Order 4(b)(ii): In cases where the entire pension and
pensionary benefits are not ignored for pay fixation, the initial basic pay on re-employment shall be fixed at the same stage as the last basic pay drawn before retirement. If there is no such stage in the re-employed post, the pay shall be fixed at the stage next above that pay. If the maximum pay in the Level applicable to the post in which a pensioner is re- employed is less than the last basic pay drawn by him before retirement, his initial basic pay shall be fixed at such maximum pay of the re-employed post. Similarly, if the minimum pay in the Level applicable to the post in which a pensioner is re- employed is more than the last basic pay drawn by him before retirement, his initial basic pay shall be fixed at such minimum pay of the re-employed post. However, in all these cases, the non-ignorable part of the pension shall be reduced from the pay so fixed. Note 1: Revised pay structure in relation to a post will be
Note 2: “Basic Pay” in the revised pay structure means the Note 3: Last pay drawn shall be as per definition of |
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Para 4(c): The re-employed pensioner will, in addition to
pay as fixed under Para (b) above shall be permitted to draw separately any pension sanctioned to him and to retain any other form of retirement benefits. |
Order 4(c): No change
|
|
Para 4(d): In the case of persons retiring before attaining
the age of 55 years and who are re-employed, pension (including PEG and other forms of retirement benefits) shall be ignored for initial pay fixation in the following extent:- |
Order 4(d): In the case of persons retiring before
attaining the age of 55 years and who are re-employed, pension (including PEG and other forms of retirement benefits) shall be ignored for pay fixation to the following extent:- |
|
(i) In the case of ex-servicemen who held posts below
Commissioned Officer rank in the Defence Forces and in the case of civilians who held posts below Group ‘A’ posts at the time of their retirement, the entire pension and pension equivalent of retirement benefits shall be ignored. |
(i) No change
|
|
(ii) In the case of Commissioned Service officers belonging
to the Defence Forces and Civilian pensioners who held Group ‘A’ posts at the time of their retirement, the first Rs.4000/- of the pension and pension equivalent retirement benefits shall be ignored. |
(ii) In the case of Commissioned service officers belonging
to the Defence Forces and Civilian pensioners who held Group ‘A’ posts at the time of their retirement, the first Rs. 15,000/- of the pension and pension equivalent retirement benefits shall be ignored. |
8. Apart from the above, it is also clarified as under:
(i) Drawal of increments:
Once the initial pay of the re-employed pensioner has been fixed in the
manner indicated above, he will be allowed to draw normal increments as per
the provisions of Rule 9 and 10 of CCS (RP) Rules, 2016 read with Order 5
of the CCS (Fixation of Pay of re-employed Pensioners) Orders, 1986.
Once the initial pay of the re-employed pensioner has been fixed in the
manner indicated above, he will be allowed to draw normal increments as per
the provisions of Rule 9 and 10 of CCS (RP) Rules, 2016 read with Order 5
of the CCS (Fixation of Pay of re-employed Pensioners) Orders, 1986.
(ii) Treatment of Military Service Pay (MSP):
MSP is granted to Defence Forces officers/personnel while they are serving
in the Defence Forces. Accordingly, on their re-employment in civilian
organizations, including secret organizations under the Cabinet Secretariat
umbrella, the question of grant of MSP to such officers/personnel does not
arise. However, the benefit of MSP in the pension should not be withdrawn.
Accordingly, while the pension of such re-employed pensioners will
include the element of MSPI they will not be granted MSP as part of
pay while working in civilian organizations.
Also, in respect of all those Defence Officers / personnel, whose pension
contains an element of MSP and whose pay on re-employment is subject to
deduction of pension (excluding the ignorable portion, if any), the element
of MSP as contained in the pension shall be ignored while deducting the
pension at the time of pay fixation. In other words, the MSP portion of the
pension need not be deducted from the pay fixed on re-employment.
MSP is granted to Defence Forces officers/personnel while they are serving
in the Defence Forces. Accordingly, on their re-employment in civilian
organizations, including secret organizations under the Cabinet Secretariat
umbrella, the question of grant of MSP to such officers/personnel does not
arise. However, the benefit of MSP in the pension should not be withdrawn.
Accordingly, while the pension of such re-employed pensioners will
include the element of MSPI they will not be granted MSP as part of
pay while working in civilian organizations.
Also, in respect of all those Defence Officers / personnel, whose pension
contains an element of MSP and whose pay on re-employment is subject to
deduction of pension (excluding the ignorable portion, if any), the element
of MSP as contained in the pension shall be ignored while deducting the
pension at the time of pay fixation. In other words, the MSP portion of the
pension need not be deducted from the pay fixed on re-employment.
(iii) Fixation / drawal of pay of re-employed persons who retired prior
to 1.1.2016 and who have been re-employed after 1.1.2016, and whose
entire pension and pensionary benefits are not ignored for pay
fixation:
The pay on re-employment will be fixed in terms of Order 4(b)(ii) of the
CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986, as amended
above, after notionally arriving at their revised basic pay at the time of
retirement as if they had retired under the revised pay structure, in terms
of Rule 7 of the Central Civil Services (Revised Pay) Rules, 2016. In all
these cases, the non-ignorable part of the pension shall be reduced from
the pay so fixed. Regulation of MSP, however, shall be as per clarification
in para 8(ii) above.
to 1.1.2016 and who have been re-employed after 1.1.2016, and whose
entire pension and pensionary benefits are not ignored for pay
fixation:
The pay on re-employment will be fixed in terms of Order 4(b)(ii) of the
CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986, as amended
above, after notionally arriving at their revised basic pay at the time of
retirement as if they had retired under the revised pay structure, in terms
of Rule 7 of the Central Civil Services (Revised Pay) Rules, 2016. In all
these cases, the non-ignorable part of the pension shall be reduced from
the pay so fixed. Regulation of MSP, however, shall be as per clarification
in para 8(ii) above.
(iv) Fixation / drawal of pay in all other cases:
Pay fixation in cases not covered in Order 4(d) will be as per the general
principle of ‘pay minus pension’, i.e. while the last pay drawn shall be
reckoned for pay fixation, the entire pension shall be deducted from the
pay so fixed. Regulation of MSP, however, shall be as per clarification in
para 8(ii) above.
Pay fixation in cases not covered in Order 4(d) will be as per the general
principle of ‘pay minus pension’, i.e. while the last pay drawn shall be
reckoned for pay fixation, the entire pension shall be deducted from the
pay so fixed. Regulation of MSP, however, shall be as per clarification in
para 8(ii) above.
9. An undertaking may be obtained from re-employed pensioners who opt / are
deemed to have opted for the revised pay structure to the effect that, they
understand and agree that the special dispensation provided through this
GM. is subject to the condition of deduction of pension as admissible to
them from time to time, wherever required as per extant instructions.
deemed to have opted for the revised pay structure to the effect that, they
understand and agree that the special dispensation provided through this
GM. is subject to the condition of deduction of pension as admissible to
them from time to time, wherever required as per extant instructions.
10. These instructions shall apply in respect of those re-employed
pensioners who re re-employed against civil posts carrying pay upto Level
17 of the Pay Matrix of CCS(RP) Rules, 2016.
pensioners who re re-employed against civil posts carrying pay upto Level
17 of the Pay Matrix of CCS(RP) Rules, 2016.
11. In so far as the persons serving in the Indian Audit & Accounts
Department are concerned, these orders are being issued after consultation
with the Comptroller Auditor General of India.
Department are concerned, these orders are being issued after consultation
with the Comptroller Auditor General of India.
12. These orders shall take effect from 1.1.2016.
sd/-
(Pushpender Kumar)
Under Secretary to the Government of India.
UNDERTAKING
(
To be given by persons who are on re-employment on or after 01.01.2016
and who have chosen / are deemed to have chosen to be governed by the
CC5 (Revised Pay Rules), 2016, in terms of Department of Personnel and
Training Office Memorandum No. 3/3/2016-Estt. (Pay-ll) dated 1 .5.2017)
To be given by persons who are on re-employment on or after 01.01.2016
and who have chosen / are deemed to have chosen to be governed by the
CC5 (Revised Pay Rules), 2016, in terms of Department of Personnel and
Training Office Memorandum No. 3/3/2016-Estt. (Pay-ll) dated 1 .5.2017)
(Para 9 of the OM No. 3/3/2016-Estt.(Pay-ll) dated 1.5.2017 refers)
I, ____________________ S/o / W/o / D/o _________________, hereby undertake
that I understand and agree that the special dispensation of pay fixation
under the Central Civil Services (Revised Pay) Rules, 2016 provided to me
through the OM. No. 3/3/2016-Estt.(Pay-ll) dated 152017 is subject to the
specific condition of deduction of pension as admissible to me from time to
time, wherever required as per extant instructions.
that I understand and agree that the special dispensation of pay fixation
under the Central Civil Services (Revised Pay) Rules, 2016 provided to me
through the OM. No. 3/3/2016-Estt.(Pay-ll) dated 152017 is subject to the
specific condition of deduction of pension as admissible to me from time to
time, wherever required as per extant instructions.
Signature __________________
Name ____________________
Designation ________________
Date: ________
Place: _________
Source:signed copy
COMMENTS