No. 3/19/2009 Estt. Pay II
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
New Delhi, the 8th November
2010
Office Memorandum
Subject: Fixation of pay of re-employed pensioners
-Treatment of Military service Pay
The undersigned is directed to refer to the orders issued
vide OM dated 5.4.2010 on fixation of pay of re-employed
pensioners.
These orders inter-alia lay down that on
re-employment in civilian organizations, Military Service
Pay shall not be admissible. However, the benefit of MSP
given to all retired Defence Forces officers/personnel by
reckoning it at the time of calculation of their pension
(notionally in the case of pre-1.1.2006 pensioners) should
not be withdrawn.
Accordingly, while the pension of such
re-employed pensioners will include the element of MSP, they
will not be granted MSP while working in civilian
organizations.
In the instructions issued by the Ministry of Defence
vide their letter No. 1/69/2008/D(Pay/Service) dated 24th
July 2009, Pre-retirement pay has been defined as under:
(i) In respect of
re-employment taking place on/or after 1.1.2006
pre-retirement pay for those who retired after 1.1.2006
means the pay in the pay band plus grade pay but inclusive
of Non-Practicing Allowance (NPA) if any, last
drawn before retirement.
(ii) In case of officers who
retired before 1 .1 ,2006 and also those who retired after
1.1.2006 in the pre-revised pay scales without opting for
the revised pay scales promulgated on or after 1.1.2006 the
pay will be basic pay including stagnating increment and
Rank pay plus the Dearness pay and Dearness allowance drawn
at the time of retirement.
As per these orders, for pre-2006 retirees rank pay is
included as a part of pay but for post -2006 retirees, the
MSP is not reckoned in the pre-retirement pay for the
purposes of pay fixation on re-employment. However, for
pension purposes the reckonable emoluments are – basic pay +
grade pay + MSP + NPA wherever admissible.
Therefore, while
MSP is not taken into consideration for the purposes of pay
fixation on re-employment, the element of MSP in pension is
deducted.
It has been decided in consultation with the Department
of Expenditure, that since the element of MSP is not
reckoned in the pay fixation on re-employment, it need not
be reduced from the pension either.
Hence, In respect of all
those Defence officers/personnel, whose pension contains an
element of MSP, that need not be deducted from the pay fixed
on re-employment.
(Mukesh Chaturved)
Deputy Secretary
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