February 07, 2015
Kalaivaraikalai
1) Request for Voluntary Retirement from Persons suffering with
disability – Draft OM
“There is no rule that prohibits claiming dearness allowance on pension amount as well as on basic salary that is received after re-employment. The intention of legislation was to give benefit to the government employee who prefers retirement before the age of 55 years and is obviously subjected to payment of reduced amount as pension as compared to those who superannuate at 58 years,” Justice (retired) MN Gilani stated.
Applicant Mohammed Jameel had sought voluntary retirement from the Public Health Department on October 5, 1999, before attaining 55 years and joined as a lecturer in Law College in Gondia from the next day. He retired on February 9, 2007, after putting in seven years of teaching. On the same day, city-based district treasury officer issued an order of recovery of Rs1.31 lakh from his pension amount on the grounds that drawing “two dearness allowances” was not permitted. The petitioner received the DA on his pension as well as on his salary during his re-employment.
He challenged this order through counsel Tushar Mandlekar relying on the MCS Pension Rules that say in case of persons retiring before attaining the age of 55 years, the competent authority while fixing the pay should ignore the “entire pension” clause in case of employees other than Class I. The government relied on the guidelines issued through its circulars for pointing out that excess DA payment was not permissible.
Mandlekar argued the definition of “pension” as per Article 366 of the Constitution of India was inclusive of DA. The definition of pay, pension, and pensionable pay, are defined under Rule 9 (36), (37), (38), and Rule 60 of MCS, if read together along with the definition of pension under Article 366, makes it clear that DA was included in pay and pension, and thus could not be separated or deducted independently.
The tribunal held that Rule 157 (3) of MCS Pension Rules was independent and had its own identity, which mandated the government to ignore the “entire pension” clause that included allowances attached to it.
MAT added that there was no reason for paying and disbursing officer to rely on Rule 262 of Maharashtra Treasury Rules 1968 or government circulars. “The payment of pension to the re-employed pensioners is required to be fixed in accordance with the provisions of Chapter XIV of MCS Pension Rules, 1982. It is provided in Rule 157 (3) that “entire pension” needs to be ignored while fixing the new pay,” Justice Gilani said before quashing the district treasury officer order.
Source: Times of India
This Department vide OM of even number dated 12.5.2010 and reiterated vide OM dated 21st October, 2013 had issued instructions to all the Ministries/ Departments that they have to intimate their requirements for Multi Tasking Staff (Non-Technical) in PB-1 Grade Pay Rs.1800/- to the Staff Selection Commission. The Ministries/ Departments were also advised to take action simultaneously for framing Recruitment Rules for these posts in accordance with the Model RRs already circulated vide OM dated 30.4.2010.
2. It is once again reiterated that the posts of MTS are required to be filled up only through SSC as per the instructions of this Department. All Ministries/ Departments may send their requirements as well as the requirements of their attached/subordinate offices also, for MTS ( PB-1 Grade Pay Rs.1800/-) to the Staff Selection Commission so that the Commission could initiate action for recruitment. The Staff Selection Commission is likely to issue advertisement on 1.8.2015.
3. Action pending, if any, may simultaneously be taken for framing of Recruitment Rules for these posts in accordance with the Model Recruitment Rules already circulated.
F.
No. 25012/01/2015-Estt (A.IV)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment A-IV Desk
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment A-IV Desk
North
Block, New Delhi-110 001
Dated: February 6th, 2015
Dated: February 6th, 2015
OFFICE
MEMORANDUM
Subject: – Request for Voluntary
Retirement from Persons suffering with disability – regarding.
The undersigned is directed to say
that many Government servants seek voluntary retirement on medical grounds. Sec
47 of the Persons with Disabilities (Equal Opportunities,Protection of Rights
and Full Participation) Act, 1995 (PWD Act) lays down that no establishment
shall dispense with the services of an employee who acquires a disability
during the course of service. It is proposed that any Government servant
seeking voluntary retirement on medical grounds may be apprised of the above
provisions of PWD ACT, in order that he can take a considered decision.
2. A draft of the office memorandum
to be issued in this regard is enclosed. Comments/ suggestions are invited on
the proposal. Comments may kindly be sent to the undersigned by Email at
dse@nic.in or by FAX at 011-23093179 by 20-02-2015
(J.A.
aidyanathan)
Director(E)
Te1:23093179
Director(E)
Te1:23093179
2) Dearness Allowance is admissible for both pension and salary after re employment
The Nagpur bench of Maharashtra Administrative Tribunal (MAT) held that a re-employed pensioner was entitled for receiving “dearness allowance (DA)” on his pension as well as on his salary.“There is no rule that prohibits claiming dearness allowance on pension amount as well as on basic salary that is received after re-employment. The intention of legislation was to give benefit to the government employee who prefers retirement before the age of 55 years and is obviously subjected to payment of reduced amount as pension as compared to those who superannuate at 58 years,” Justice (retired) MN Gilani stated.
Applicant Mohammed Jameel had sought voluntary retirement from the Public Health Department on October 5, 1999, before attaining 55 years and joined as a lecturer in Law College in Gondia from the next day. He retired on February 9, 2007, after putting in seven years of teaching. On the same day, city-based district treasury officer issued an order of recovery of Rs1.31 lakh from his pension amount on the grounds that drawing “two dearness allowances” was not permitted. The petitioner received the DA on his pension as well as on his salary during his re-employment.
He challenged this order through counsel Tushar Mandlekar relying on the MCS Pension Rules that say in case of persons retiring before attaining the age of 55 years, the competent authority while fixing the pay should ignore the “entire pension” clause in case of employees other than Class I. The government relied on the guidelines issued through its circulars for pointing out that excess DA payment was not permissible.
Mandlekar argued the definition of “pension” as per Article 366 of the Constitution of India was inclusive of DA. The definition of pay, pension, and pensionable pay, are defined under Rule 9 (36), (37), (38), and Rule 60 of MCS, if read together along with the definition of pension under Article 366, makes it clear that DA was included in pay and pension, and thus could not be separated or deducted independently.
The tribunal held that Rule 157 (3) of MCS Pension Rules was independent and had its own identity, which mandated the government to ignore the “entire pension” clause that included allowances attached to it.
MAT added that there was no reason for paying and disbursing officer to rely on Rule 262 of Maharashtra Treasury Rules 1968 or government circulars. “The payment of pension to the re-employed pensioners is required to be fixed in accordance with the provisions of Chapter XIV of MCS Pension Rules, 1982. It is provided in Rule 157 (3) that “entire pension” needs to be ignored while fixing the new pay,” Justice Gilani said before quashing the district treasury officer order.
Source: Times of India
3) Recruitment to Multi Tasking Staff in Pay Band-1, with Grade Pay of Rs.1800
No.AB-14017/6/2009-Estt (RR)
Government of India
Ministry of Personnel, Public Grievances 86 Pensions
Department of Personnel & Training
Government of India
Ministry of Personnel, Public Grievances 86 Pensions
Department of Personnel & Training
New Delhi, dated the 5th February, 2015
OFFICE MEMORANDUM
Subject: Recruitment to Multi Tasking Staff in Pay Band-1, with Grade Pay of
Rs.1800/– Sending of requisition to Staff Selection Commission.This Department vide OM of even number dated 12.5.2010 and reiterated vide OM dated 21st October, 2013 had issued instructions to all the Ministries/ Departments that they have to intimate their requirements for Multi Tasking Staff (Non-Technical) in PB-1 Grade Pay Rs.1800/- to the Staff Selection Commission. The Ministries/ Departments were also advised to take action simultaneously for framing Recruitment Rules for these posts in accordance with the Model RRs already circulated vide OM dated 30.4.2010.
2. It is once again reiterated that the posts of MTS are required to be filled up only through SSC as per the instructions of this Department. All Ministries/ Departments may send their requirements as well as the requirements of their attached/subordinate offices also, for MTS ( PB-1 Grade Pay Rs.1800/-) to the Staff Selection Commission so that the Commission could initiate action for recruitment. The Staff Selection Commission is likely to issue advertisement on 1.8.2015.
3. Action pending, if any, may simultaneously be taken for framing of Recruitment Rules for these posts in accordance with the Model Recruitment Rules already circulated.
(Mukta Goel)
Director (E-I)
Download DOPT office Memorandum: Recruitment
to Multi Tasking Staff in Pay Band-1, with Grade Pay of Rs.1800Director (E-I)
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