Updates On Pay Fixation Of Reemployed Exservicemen In Central Govt Dept

In this article we will discuss about the recent days updates on Pay Fixation of Reemployed ESM belongs to JCOs/OR category. Before moving to the point, we must come across the basic concept of pay fixation and historical background of the matter.

Pay fixation is a long pending issue for Reemployed Exservicmen JCOs/OR. Before 31 July 1986, pay of the reemployed Exservicemen appointed in Central Civil services was fixed at higher stage duly granted advanced increment equal to the number of years served in Armed Forces. Entire pension was ignored for the purpose of fixation of pay in reemployed post. Uniform pay fixation methodology was there for all ranks of Armed Forces Pensioners and Civilian Pensioners.

After implementation of CCS Fixation of Pay of Reemployed Pensioners (RP) Orders 1986 w.e.f 31 July 1986, the pay fixation methodology totally changed and two different sets of Fixation norms introduced which created discrimination between two different categories of Exservicemen.

OROP Arrears Paid Today by SPARSH PCDA

Discriminative Pay Fixation Orders for Reemployed Exservicemen

For Reemployed Commissioned Officers : Pay is always fixed as per last Pay drawn in Armed Forces. All kind of allowances and entitlement is paid on the basis of this Pay so fixed. A deduction will be there from total pay and allowances so arived at, which is equal to the pension amount after ignoring Rs 15,000/-. It has been revealed that, such fixation is always beneficial to the Officers and it allows them to draw more pay than the minimum pay applicable for the reemployed post.

For Reemployed JCOs/OR : Pay is always fixed as per minimum pay applicable to the reemployed post and admissible to Fresher Recruits. No protection of last Pay drawn in Armed Forces is allowed. No option is there to opt the pay fixation methodology as applicable to officers . It has been revealed that, such fixation always brings negative impact on the total pay of the reemployed JCOs/OR even after ignoring the entire pension for fixation of pay in the reemployed post.

The matter has been brought to the notice of the DOPT, DGR/MoD & MoF but and DOP&T has formulated a draft Pay Fixation order which contains the uniform pay fixation methodology for all ranks. Unfortunately this draft order is under consideration at MoF, DoE since last 7 years. Welfare and interest of Jawans are always ignored by the burocrats and senior management/administration and in this case also this mid set of the top brass has been revealed.

A number of observations have been raised by the MoF which includes the illogical assumptions as they expressed that such pay fixation methodology will result to increase in premature reirement among JCOs/OR, since it proved to be it lucrative offer for them. Though it has been practically proved that the tendency to leaving Armed Forces services among JCOs/OR has been raised in comparision to Pre 1986 era when there was the provision to get Pay Fixation benefit of reemployed JCOs/OR at higher stage.

According to the 1986 Pay Fixation orders, the reemployed Combatant Clersks will be treated as LDC only and if reemployed in LDC posts in civil dept his pay will be fixed at the minimum pay of reemployed post along with advanced increment equal to number of years served in the Armed Forces. But his entire pension will be reduced from the pay so fixed by ignoring Rs only Rs 15 (as on date also). Whereas the ignorable part of the pension has been revised 4 times for officers in fom 1986 and it increased Rs 500 (3rd CPC) to Rs 15,000/- in 7th CPC.

The relevant portion of the relevant para for Pay Fixation of reemployed Combatant Clerks are as under (as per 1986 Orders) – FIXATION OF PAY OF EX-COMBATENT CLERKS/STOREMEN:

In partial modification of the provisions contained in orders 4 and 5 above, ex-combatant clerks on their reemployment as Lower Division Clerks or Junior Clerks in the Civil posts and Exstoremen in the Armed Forces on their reemployment as storemen in Civil Posts) shall have the option to get their pay fixed under orders 4 & 5 above in accordance with the procedure indicated in sub-para (2) below.

EXPLANATION:
The option once exercised is final. The reemploy pensioner should be asked to exercise the option within the period of three months from the date of his reemployment. Ex-combatant clerks and Storemen referred to in this order will include reservists released at their own request or on compassionate or medical grounds.

Services rendered as Combatant Clerks and Storemen in Armed Forces shall by treated as equivalent to service as Lower Division Clerks / Junior Clerks and Storemen respectively in civil posts respective of the pay drawn in those posts in the Armed forces. The initial pay in such cases shall be fixed in the time scale of the reemployed posts at a stage equivalent to the stage that would have been reached by putting in the Civil posts in the Armed forces The pay so fixed will not be restricted to the pre-retirement pay . The fixation of pay in these cases shall be done by invoking the provisions of Fundamental Rules 27.

EXPLANATIONS:
For the purpose of calculation of completed years of services rendered in the Armed Forces the non-qualifying service in the Armed Forces will not be taken into account. Pension as defined in order 3(1) above shall be deducted from the pay fixed under this rule after ignoring Rs.15/- thereof and only the net is payable.
If the resultant amount does not correspond to a stage in the scale applicable to the reemployed post, pay may be fixed at the next lower stage and the difference allowed as personal pay to be absorbed in future increases of pay.
Where the pay in such cases is fixed below the minimum of the pay scale of the reemployed post as a result of adjustment of amount of pension drawn by him from the Army in excess of Rs.15/- per month, increases in pay may be allowed after each year of service at the rate of increment admissible as if the pay has been fixed at the minimum till the minimum of the scale is reached. Thereafter, subsequent increments may be granted in the scale of the reemployed
post in the usual manner.
In the case of appointment of persons during released have/terminal leave, their pay may be fixed at the minimum of the scale of pay of the civil post of Lower Division Clerk/Junior Clerk/Storemen and they will draw leave salary separately from the military authorities. Their pay in accordance with the formula mentioned at (2) above will be fixed from the date of their final discharge from the Army.

The power to fix the pay under this order is delegated to the Administrative Ministries/Departments of the Government of India. For this purpose the Comptroller and Auditor General of India will have the same powers as the Ministries of Government of India.
Orders fixing the pay in such cases should be issued by invoking the provisions of Fundamental Rule 27.

Recent Update on Pay Fixation of Reemployed Exservicemen

Recently, a communication received from DOP&T by the Dept of Posts in connection with Pay Fixation of reemployed Exservicemen belongs to JCOs/OR category who have served as combatant clerk post in Army/Navy/AF which is reproduced below :-

Department of Posts, India
Office of the Chief Postmaster General,
Haryana Circle, Ambala – 133001

All the Sr./Supdt. of Post Offices/RMS/PSD in Haryana Circle
All Section Officers, Circle Office, Ambala

No: Staff/139-1/Rtg/XI dated at Ambala the 24.09,2024

Sub: Fixation of pay of Ex-serviceman in accordance with Para 16 of DoP&T OM No. 311186-Estt-(P-11) dated 31.07.1986- case of Sh. Amit Kumar Pandey, PA(CO).

Kindly find enclosed herewith a copy of Directorate letter no. 02-61/2024-PAP dated 10.09.2024 on the above cited subject for information and further necessary action at your end please.

Asstt. Director Postal Services (Staff)
Haryana Circle, Ambala – 133001

(apmgs.dop@gmail.com/0171-2688413)

D.A..-

As above

F. No. 02-61/2024 — PAP
Ministry of Communications
Department of Posts
[Establishment Division/P.A.P. Section]

Dak Bhawan. Sansad Marg, New Delhi-110001

Dated: 10.09.2024

To
The Chief Postmaster General, Delhi Circle,
Delhi-110001.

Sub: Fixation of pay of Ex-Serviceman in accordance with Para 16 of DoP&T OM No. 3/1/86-Estt-(P-11) dated 31.07.1986— Case of Sh. Amit Kumar Pandey, PA (CO) regarding.

Sir/ Madam,

Please refer your letter No. Staff/CO-1659/P dated 06.05.2024 on the above-mentioned subject.

2.. The matter was taken up with the Nodal Ministry i.e. DoPT. DoPT vide their ID Note No, 3/1/2024-P.P. Pay (Depn/Re-emp.) Pt.5 dated 09.08.2024 have, inter-alia, clarified that:

“…The matter has been examined. Para 16(2) of this Department’s U.M. dated 31.07.1986 provides as follows – “Services rendered as combatant clerks and store men in armed forces shall be treated as equivalent to service as Lower Division Clerks/ Junior Clerks and store men respectively in civil post, irrespective of the pay drawn in those post in the armed forces. The initial pay in such cases shall be fixed in the time scale of the re-employed post at a stage equivalent to the stage that would have been reached by putting in the civil post, the number of completed years of service rendered the post in the armed forces. The pay so fixed will not be restricted to the pre-retirement pay. The fixation of pay in these cases shall be done by invoking the provisions of the Fundamental Rules 27”.

3. There seems no ambiguity in the instructions referred above as regards fixation of pay of ex-serviceman on re-employment in a civil post except that that post of Postal Assistant, in which Shri Pandey has been re-employed, has not been mentioned therein. The instructions contained in para 16(2) of DoPT’s OM dated 31.07.1986 being pretty clear, D/o Posts may please take an administrative decision with regard to the pay fixation of Shri Pandey in the post of Postal Assistant in D/o Posts keeping in view the instruction referred above…”

3. I am, therefore, directed to request you to settle the instant case and other similar cases, if any, in the Circles in accordance with Para 3 of the DoPT’s clarification referred above.

You faithfully,

Signea By
Ravi Pahwa
Assistant Director General (GDS/PCC/PAP)

Phone — 011-23096191
E-mail- adgestt2@indiapost.gov.in

Copy to:

All Heads of Circles (other than Delhi Circle) – for kind information.

Relevant portion of Pay Fixation order 1986 – Section 4. Applicable to all ranks and Category from 1986 to till date .

4. FIXATION OF PAY OF REEMPLOYED PENSIONERS.
Reemployed pensioners shall be allowed to drawn pay only in prescribed scales of pay for the posts in which they are reemployed. No protection of the scales of pay of the post held by them prior to retirement shall be given.
(i) In all cases where the pension is fully ignored, the initial pay on reemployment shall be fixes at the minimum of the scale of pay of the reemployed post.
(ii) In cases where the entire pension and pensionary benefits are not ignored for pay fixation, the initial pay on reemployment shall be fixed at the same stage as the last pay drawn before retirement. If there is no such stage in the reemployed post, the pay shall be fixed at the stage below that pay. If the maximum of the pay scale in which a pensioner is reemployed is less than the last pay drawn by him before retirement, his initial pay shall be fixed at the maximum of the scale of the reemployed post. Similarly, if the minimum of the scale of the pay in which a pensioner is reemployed is more than the last pay drawn by him before retirement his initial pay shall be fixed at the minimum if the scale of pay of the reemployed post. However, in all these cases, non-ignorable part of the pension and pension equivalent of retirement benefits shall be reduced from the pay so fixed.

The reemployed 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.
In the case of persons retiring before attaining the age of 55 years and who are reemployed, pension (including pension equivalent of ratuity and other forms of retirement benefits) shall be ignored for initial pay fixation to the following extent:
In the case of ex-serviceman 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.
In the case of service officers belonging to the Defence Forces and Civilian Pensioners who held Group ‘A’ posts at the time of their retirement, the first Rs.500/- of the pension and pension equivalent of retirement benefits shall be ignored.