RBE No. /22/2015
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
New Delhi, dated 08-10-15No.E(G)2013/EM 1-5
The General Manager(s),
All Indian Railways &
Sub: Fixation of pay of ex-servicemen re-employed on the Railways —clarification reg.
The issue regarding fixation of pay of ex-servicemen re-employed on the Railways was taken up by NFIR in the PNM. It was pointed out that the policy instructions on the issue were not been implemented on the Zonal Railways in their proper perspective and there was a lot of confusion in the matter. They had requested for issue of suitable guidelines/clarification in the matter.
2. As the Railway administration are aware, fixation of pay of ex-servicemen re-employed on the Railways is done on the basis of instructions contained in Railway Board's letter No. PC-VI/2009/1/RSRP/2 dated 30/4/2009 read with instructions contained in letter No. E(G)86/EM 1/8 dated 21/1/87 and the clarificatory instructions issued vide letter No. E(G)2013/EM 1-4 dated 24/7/2013 and E(G)2010/EM 1/2 pt. dated 12/12/2011.
3. It may be stated that para 3 (iv) of the DOP&T's OM dated 05.04.2010 as circulated vide Board's letter No. E(G)2010/EM 1/2 pt. Dated 12.12.2011 is applicable in respect of persons re-employed prior to 01.01.2006 and were in re-employment as on 01.01.2006. Thus, for this category of persons, pay would have been already fixed as per V CPC provisions as on 01.01.2006. Para 3(iv) prescribes manner of pay fixation/migration to VI CPC scales, in case of PBOR persons, Commissioned Officers etc.
4. Para 3(v) of the OM dated 05.04.2010 prescribes manner of pay fixation/migration to VI CPC scales, in case of PBOR persons, Commissioned Officers etc., who retired prior to 01.01.2006 and have been re-employed after 01.01.2006 and before issue of the OM dated 05.04.2010.
5. Thus, the Paras 3(iv) and 3(v) have detailed provisions for pay fixation/fitment as per VI CPC rates, for all ranks of re-employed pensioners who retired prior to 01.01.2006 and re-employed as on and after 01.01.2006 and before issue of the OM dated 05.04.2010 respectively.
6. It may also be stated that the Orders make a clear distinction between fixation of pay of those who were Commissioned Officers and those who were non-commissioned. In the case of Commissioned Officer, non-ignorable pension is deducted, but last pay drawn .(with Grade Pay in the re-employment post) is allowed, in terms of para 2 of OM dated 05.04.2010.
7. In the case of non-commissioned officers, pension is not deducted and pay is allowed only at the Entry pay in the revised pay structure of the re-employed post applicable in the case of Direct Recruits appointed on or after 01.01.2006 as notified vide section II of First Schedule to RS(RP) Rules, 2008, in terms of para 2 of the OM dated 05.04.2010.
8. As regards the Federation's demand that MSP will have to be reckoned for fixation of pay, the provision is already there vide DOP&T's OM No. 3/19/2009-Estt. Pay-II dated 8/11/2010 which was circulated to the Railways vide Board's letter No. E(G)2013/EM 1-4 dated 24/7/2013 which stipulates that all defence officers/personnel whose pension contains an element of MSP, that need not be deducted from the pay fixed on re-employment.
9. Please acknowledge receipt.
10. Hindi version will follow.
Dy. Director Estt. (Gent.)