F.No.42/07/2015-P&PW(G)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi- 110003
Date:- 5th Nov, 2015

To
All the Pensioners Associations included in SCOVA
vide Resolution dated 25.08.2015

Subject: Minutes of the 27th SCOVA meeting held on 13th October, 2015 under the Chairmanship of Hon’ble MOS (PP)

Please find enclosed herewith a copy of minutes of the 27’h meeting of Standing Committee of Voluntary Agencies(SCOVA) held on 13th October, 2015 under the Chairmanship of Hon’ble MOS(PP) at Vigyan Bhawan, New Delhi for your king perusal and necessary action.

Encl: as above

(Sujasha Choudhury)
Deputy Secretary to the Government of India

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F.No.4/78/2006-P&PW (D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Pension & Pensioners’ Welfare)

3rd Floor, Lok Nayak Bhawan
New Delhi-110 003.
Dated the 12th October, 2015

OFFICE MEMORANDUM

Subject: Deputation of Central Government servants to posts in Central Autonomous Bodies – Review of Policy

The undersigned is, directed to say that in accordance with the instructions contained in this Department of OM of even number dated 31.10.2007, appointment of Central Government employees in Central Autonomous Bodies can be made on immediate absorption basis only. Appointment of Central Government servants on deputation to the posts in the Central Autonomous Bodies can be made only after obtaining exemption from Rule of Immediate Absorption in respect of those posts from Department of Pension & Pensioners’ Welfare.

2. Keeping in view the difficulties being faced by Autonomous Bodies in filling up the posts due to the application of Rule of Immediate Absorption, the matter has been reviewed in consultation with Department of Personnel & Training and Department of Expenditure. In partial modification of the instructions contained in this Department’s OM dated 31.10.2007, it has been decided to allow appointment of Central Government employees to posts in Central Autonomous Bodies on deputation basis without seeking exemption from Rule of Immediate Absorption, if the Recruitment Rules for the posts speclfically provide for the appointment of Central Government employee on deputation. This relaxation will be subject to the following conditions:

i. The general principle of public interest shall be overriding factor in providing deputation as a method of recruitment. The general criteria for providing deputation as a method of recruitment would be non-availability of suitable persons for joining a post on regular basis from within or outside the organization. In other words deputation as a method of recruitment would be provided only if there are not enough posts in the feeder grade for appointment by promotion or if the candidates from Central Government are not likely to join the Autonomous Body on immediate absorption basis.

ii. Deputation as a method of recruitment may generally be provided in respect of the following categories of posts in the Autonomous Bodies.

a) Posts requiring specialized personnel in connection with scientific research or development of technology.

b) Posts in executive or senior management level i.e. post carrying a Grade pay of not less than Rs.7600/- in Central Autonomous Body having very close inter-action with policies and programmes of the Government.

c) Posts where the nature of the work requires employment of Government officers for security reasons or vigilance purposes.

d) Posts in newly established/temporary organizations ( upto a period of 5 years from the date of establishment).

e) Posts limited in number particularly in specialized fields where creation of a regular cadre is not feasible.

f) The number of posts to be exempted may be decided in each CAB on a case to case basis.

iii. The recruitment rules for a post in an Autonomous Body, which provide for deputation from Central Government employees, must have the approval of the Competent Authority in the Administrative Ministry /Department.

iv. In case the recruitment rules for a post in the Autonomous Body have not been notified or recruitment rules do not provide for deputation as a method of recruitment, then the existing instructions regarding seeking exemption from the rule of immediate absorption would continue to apply.

v. The recruitment rules must specify the maximum number/percentage of posts in a particular grade that can be filled on deputation. Appointment on deputation beyond the number specified in the Recruitment Rules would not be made by the autonomous body.

vi. In case it is proposed to make recruitment by deputation of Government employees in excess of the deputation quota provided in the recruitment
rules, specific approval of Administrative Ministry for making such recruitment by deputation would be obtained. If such a relaxation is approved by the Administrative Ministry, no further exemption from rule of immediate absorption would be required.

vii. There should be an entry in recruitment rules to the effect that the exemption from rule of immediate absorption is not required for appointment on deputation.

3. The above appointments would be treated as appointment on non-Central Staffing Scheme (non-CSS) posts. Thus, the ceiling on deputation period relating to CSS plus non-CSS will apply on such appointments.

4. All other provisions in the OM dated 31.10.2007, which have not been specifically modified in this O.M., would continue to be applicable.

5. The instructions regarding other clearances, including cadre clearance, required for appointment on deputation of Government employees to autonomous bodies would continue to be applicable.

6. All administrative Ministries/Departments are requested to take note of the above decisions and also to bring the same to the notice of the Autonomous bodies under their administrative control for strict compliance by all concerned.

7. This issues with the approval of competent authority.

8. Hindi version will follow.

sd/-
(Harjit Singh)
Dy. Secretary to the Government of India

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F. No. 42/10/2014-P&PW(G)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi – 110003
Date : 28th Sept, 2015

OFFICE MEMORANDUM

Subject: Grant of Dearness Relief to Central Government pensioners/family pensioners – Revised rate effective from 1.7.2015.

The undersigned is directed to refer to this Department’s OM No. 42/10/2014- P&PW(G) dated 27th April, 2015 on the subject mentioned above and to state that the President is pleased to decide that the Dearness Relief (DR) payable to Central Government pensioners/family pensioners shall be enhanced from the existing rate of 113% to 119% w.e.f. 1st July, 2015.

2. These orders apply to (i) All Civilian Central Government Pensioners/Family Pensioners (ii) The Armed Forces Pensioners, Civilian Pensioners paid out of the Defence Service Estimates, (iii) All India Service Pensioners (iv) Railway Pensloners and (v) The Burma Civilian pensioners/family pensioners and pensioners/families of displaced Government pensioners from Pakistan, who are lndian Nationals but receiving pension on behalf of Government of Pakistan and are in receipt of ad-hoc ex-gratia allowance of Rs. 3500/- p.m. in terms of this Department’s OM No. 23/1/97-P&PW(B) dated 23.2.1998 read with this Department’s OM No. 23/3/2008- P&PW(B) dated 15.9.2008.

3. Central Government Employees who had drawn lump sum amount on absorption in a PSU/Autonomous body and have become eligible to restoration of 1/3rd commuted portion of pension as well as revision of the restored amount in terms of this Department’s OM No. 4/59/97- P&PW (D) dated 14.07.1998 will also be entitled to the payment of DR @ 119% w.e.f. 1.7.2015 on full pension i.e. the revised pension which the absorbed employee would have received on the date of restoration had he not drawn lump sum payment on absorption and Dearness Pension subject to fulfillment of the conditions laid down in para 5 of the a.M. dated 14.07.98. In this connection, instructions contained in this Department’s OM No.4/29/99-P&PW (D) dated. 12.7.2000 refer.

4. Payment of DR involving a fraction of a rupee shall be rounded off to the next higher rupee.

5. Other provisions governing grant of DR in respect of employed family pensioners and reemployed Central Government Pensioners will be regulated in accordance with the provisions contained in this Department’s OM No. 45/73/97-P&PW (G) dated 2.7.1999 as amended vide this Department’s OM No. F. No. 38/88/2008-P&PW(G) dated 9th July, 2009. The provisions relating to regulation of DR where a pensioner is in receipt of more than one pension will remain unchanged.

6. In the case of retired Judges of the Supreme Court and High Courts, necessary orders will be issued by the Department of Justice separately.

7. It will be the responsibility of the pension disbursing authorities, including the nationalized banks, etc. to calculate the quantum of DR payable in each individual case.

8. The offices of Accountant General and authorised Pension Disbursing Banks are requested to arrange payment of relief to pensioners etc. on the basis of these instructions without waiting for any further instructions from the Comptroller and Auditor General of India and the Reserve Bank of India in view of letter No. 528-TA, 11/34-80-11 dated 23/04/1981 of the Comptroller and Auditor General of India addressed to all Accountant Generals and Reserve Bank of India Circular No. GANB No. 2958/GA-64 (ii) (CPL)/81 dated the 21st May, 1981 addressed to State Bank of India and its subsidiaries and all Nationalised Banks.

9. In their application to the pensioners/family pensioners belonging to Indian Audit and Accounts Department, these orders issue after consultation with the C&AG.

10. This issues with the concurrence of Ministry of Finance, Department of Expenditure vide their OM No. 1/3/2015-E.II(B) dated 23rd September, 2015.

11. Hindi version will follow.

(Charanjit Taneja)
Under Secretary to the Government of India

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F.No.41/30/2011-P&PW(C)
Govt. of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhawan,
New Delhi, the 4 August, 2015

To
All Nodal Officers of all Ministries/ Departments
(Web Based Pensioners’ Portal)

Subject: To extend necessary cooperation to the office bearers of identified pensioners associations in the matter of redressal of pensioners’ grievances.

Sir/ Madam
As you are aware, the grievances of pensioners are being fed online through our application CPENGRAMS available in the Pensioners’ Portal maintained by this Department. To facilitate lodging of grievances by pensioners’ spread all over India, this Department has identified 43 Pensioners’ Associations across the country as per list enclosed. These Associations, some time find out difficult in getting the grievances redressed in spite of constant follow up with the Departmental offices at regional level. Some of the Pensioners Associations have pointed out that timely action is not being taken by various Ministries/ Departments/ Organisations for redressal of grievances and same remain pending for unduly long periods.

You are therefore, requested to sensitize your Department towards the grievances of pensioners so that unnecessary delays could be avoided for prompt redressal of grievances. The regional offices and field officers, wherever they exist also be requested to provide all cooperation to the Pensioners’ Associations who are helping in the redressal of grievances.

Yours faithfully
sd/-
(Seema Gupta)
Dy.Secretary

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G.I., Min. of Per. PG & Pensions, O.M.No.38/37/08-P&PW(A), dated 30.7.2015

Sub:- Revision of pension of pre-2006 pensioners – reg.

The undersigned is directed to say that as per Para 4.2 of this Department’s OM of even number dated 1.9.2008 relating to revision of pension of pre-2006 pensioners w.e.f. 1.1.2006, the revised pension w.e.f. 1.1.2006, in no case, shall be lower than 50% of the sum of the minimum of pay in the pay band and the grade pay thereon corresponding to the prerevised pay scale from which the pensioner had retired. A clarification was issued vide DoP&PW OM of even number dated 3.10.2008 that the pension calculated at 50% of the minimum of pay in the pay band plus grade pay would be calculated at the minimum of the pay in the pay band (irrespective of the pre-revised scale of pay) plus the grade pay corresponding to the pre-revised pay scale.

2. Several petitions were filed in Central Administrative Tribunal, Principal Bench, New Delhi inter alia claiming that the revised pension of the pre-2006 pensioners should not be less than 50% of the minimum of the pay band + grade pay, corresponding to the pre-revised pay scale from which pensioner had retired, as arrived at with reference to the fitment tables annexed to Ministry of Finance, Department of Expenditure OM No.1/1/2008-IC dated 30th August, 2008. Hon’ble CAT, Principal Bench, New Delhi vide its common order dated 1.11.2011 in OA No.655/2010 and three other connected OAs directed to re-fix the pension of all pre-2006 retirees w.e.f. 1.1.2006 based on the Resolution dated 29.8.2008 of the Department of Pension & Pensioners’ Welfare and in the light of the observations of Hon’ble CAT in that order.

3. The above order was challenged by the Government by filing Writ Petition No.1535/2012 in respect of OA No. 655/2010 and WP No.2348-50/12 in respect of the three other connected OAs in the High Court of Delhi. The Hon’ble High Court in its common Order dated 29.4.2013 noted that the DoP&PW had, in the meanwhile, issued an OM No.38/37/08-P&PW (A) dated 28.1.2013 which provided for stepping up of pension of pre 2006 pensioners w.e.f. 24.9.2012 to 50% of the minimum of pay in the pay band and grade pay corresponding to pre-revised pay scale from which the pensioner had retired. Hon’ble High Court observed that the only issue which survived was, with reference to Paragraph 9 of OM dated 28.1.2013 which makes it applicable w.e.f. 24.9.2012 instead of 1.1.2006. Hon’ble High Court of Delhi dismissed the Writ Petition No.1535/2012 along with three other Writ Petitions vide its order dated 29.4.2013. Special Leave Petitions (No.23055/2013 and No.36148-50/2013) filed against the said order dated 29/4/2013 of the Hon’ble Delhi High Court have also been dismissed by the Hon’ble Supreme Court.

4. Accordingly, in compliance with the above judicial pronouncements, it has been decided that the pension/family pension of all pre-2006 pensioners/family pensioners may be revised in accordance with this Department’s OM No.38/37/08-P&PW(A) dated 28.1.2013 with effect from 1.1.2006 instead of 24.9.2012. Further, this benefit has already been granted to the Applicants in OA No. 655/2010 vide OM of even No. dated 26/08/2014 read with OM dated 19/09/2015 following dismissal of SLP (C) No.23055/2013 by the Hon’ble Supreme Court.

5. In case the consolidated pension/family pension calculated as per para 4.1 of O.M. No.38/37/08-P&PW (A) dated 1.9.2008 is higher than the pension/family pension calculated in the manner indicated in the O.M. dated 28.1.2013, the same (higher consolidated pension/family pension) will continue to be treated as basic pension/family pension.

6. All other conditions-as given in OM No. 38/37/08-P&PW (A) dated 1.9.2008, as amended from time to time shall remain unchanged.

7. Ministry of Agriculture, etc. are requested to bring the contents of these orders to the notice of Controller of Accounts/Pay and Accounts Officers and Attached and subordinate Offices under them on a top priority basis. All pension disbursing offices are also advised to prominently display these orders on their notice boards for the benefit of pensioners.

8. This issues with the approval of Ministry of Finance ID Note No. 1(9)/EV/2011Vol.1I dated 24.7.2015.

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