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No. 3/19/2009-Estt. (Pay II)
Government of India
Ministry of Personnel, Public Grievances & Pension
Department of Personnel & Training
*********
New Delhi, Dated: 5th April ,2010.
OFFICE MEMORANDUM
Subject: Applicability of CCS (RP) Rules, 2008 to persons re-employed in Government Service after retirement and whose pay is debitable to Civil Estimates.
post1
The undersigned is directed to refer to this Department's O.M. No.3/13/2008-Estt. (Pay II) dated lltNhovem ber, 2008 on the above-mentioned subject. Certain references have been received seeking clarification regarding the manner of fixation of pay of retired Defence Forces personnel/officers re-employed in Central
Government Civilian posts, after the implementation of CCS (RP) Rules, 2008. This has been considered in consultation with Department of Expenditure. The pay fixation of reemployed pensioners on re-employment in Central Government, including that of Defence Forces personnel/officers, is being done in accordance with CCS (fixation of pay of re-employed pensioners) Orders, 1986, issued vide this Department's O.M. No.
3/1/85-Estt. (Pay II) dated 3lStJuly, 1986 (as revised from time to time).

2. After the introduction of the system of running pay bands and grade pays, it has been decided to amend the relevant provisions of CCS (fixation of pay of re-employed pensioners) Orders, 1986 in the manner indicated below: 

Existing Provision Proposed Provision
Para 4(a): Re-employed pensioners shall be allowed to draw pay only in the prescribed scales of pay of the posts in which they are re-employed. No protection of the scales of pay of the posts held by them prior to retirement shall be given. 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: Under the provisions of CCS (RP)
Rules, 2008, revised pay structure comprises the grade pay attached to the post and the applicable pay band.
Para 4(b)(i): In all cases where the
pension is fully ignored, the initial pay on
re-employment shall be fixed at the
minimum of the scale of pay of the reemployed
post.
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 reemployed
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.
Para 4(b)(ii): In cases where the entire I Para 4(b)(ii): In cases where the entire pension and pensionary benefits are not gnored for pay fixation, the initial pay on e-employment shall be fixed at the same tage as the last pay drawn before etirement. If there is no such stage in the
e-employed post, the pay shall be fixed at he stage next above that pay. If the maximum of the pay scale in which a pensioner is re- mployed is less than the ast pay drawn by him before retirement, is initial pay shall be fixed at the maximum of the scale of pay of the remployed
post. Similarly, if the minimum of the scale of pay in which a pensioner is e-employed Is more than the last pay drawn by him before retirement, his initial lay shall be fixed at the minimum of the icale of pay of the re-employed post.However, in all these cases, the nongnorable part of the pension shall be reduced from the pay so fixed.
Para 4(b)(ii):  In case where the entire pension and pensionary benefits are not
gnored for pay fixation, the initial basic
lay on re-employment shall be fixed at the
iame stage as the last basic pay drawn
)efore retirement. However, he shall be
:ranted the grade pay of the re-employed
lost. The maximum basic pay cannot
exceed the grade pay of the re-employed
lost plus pay in the pay band of Rs.67000
.e. the maximum of the pay band PB-4. In
111 these cases, the non-ignorable part of
:he penslon shall be reduced from the pay
fixed llustration
4 Colonel who retired with basic pay of is.61700 (grade pay Rs.8700; pay in the 3ay band Rs.53000) is re-employed as a Deputy Secretary in an organization with grade pay of Rs.7600. In this case, on remployment,
his basic pay will continue to be Rs.61700. However, his grade pay on re-employment will be Rs.7600 and the pay in the pay band Rs.54100. Thereafter, the non-ignorable part of the pension will be reduced from the pay so fixed. Note: In the revised pay structure, basic [ay is pay in the pay band plus the grade pay attached to the post.
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. Para 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:-

(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
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:-
(i) No change.
(ii) In the case of service officers belonging to the Defence Forces and Civiliar pensioners who held Group 'A' posts a1  the time of their retirement, the first Rs. 5001-* of the pension and pension equivalent retirement benefits shall be ignored. (*Already revised to Rs. 40001- vide O.M. No. 311312008-Estt. (Pay II) dated October 2008 (ii) In the case of Commissioned officers belonging to the Defence Force
and Civilian pensioners who held Group 'A  posts at the time of their retirement, the first Rs.40001- of the pension and pension equivalent retirement benefits shall be ignored.
  




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