The University Grants commission, New Delhi has issued a circular regarding clarification on fixation of pay of re-employed Pensioners on 3rd April, 2013 vide letter No. F.71-6/2012 (CU) to all Central Universities which is as under:
It has been brought to the notice of UGC that some of the Central Universities are fixing the pay of re-employed pensioners is violation of the rules framed by the Government of India. It may be noted that the pay fixation of re-employed pensioners need to be regulated in terms of DOPT, Govt. of India OM No. F.3/19/2009 - Estt. (Pay-II) dated 05.04.2010 (copy enclosed) as per CSS (RP) Rules, 2008, as notified by Government of India, DOPT vide O.M. No. 3/19/2009-Estt. (Pay II) dated 5th April, 2010. The fixation of pay of pensioners re-employed in Central Government Civilian posts is being regulated as under:
It has been brought to the notice of UGC that some of the Central Universities are fixing the pay of re-employed pensioners is violation of the rules framed by the Government of India. It may be noted that the pay fixation of re-employed pensioners need to be regulated in terms of DOPT, Govt. of India OM No. F.3/19/2009 - Estt. (Pay-II) dated 05.04.2010 (copy enclosed) as per CSS (RP) Rules, 2008, as notified by Government of India, DOPT vide O.M. No. 3/19/2009-Estt. (Pay II) dated 5th April, 2010. The fixation of pay of pensioners re-employed in Central Government Civilian posts is being regulated as under:
- 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. Under the provisions of CCS (RP) Rules, 2008, revised Pay structure comprises the grade pay attached to the post and the applicable pay band.
- In all cases where the pension is fully ignored, the initial pay on re-employment shall be fixed as per entry pay of 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, Part A of First Schedule to CCS (RP) Rules, 2008.
- In case where the entire pension and pensioner benefits are not ignored for pay fixation, the initial basic pay on re-employment shall be fixed at the same stage as the last basic pay drawn before retirement. However, he shall be granted the grade pay of the re-employed post. The maximum basic pay can not exceed the grade pay of the re-employed post plus pay in the pay band of Rs. 67000 i.e. maximum of the pay band PB-4. In all these cases, the non-ignorable part of the pension shall be reduced from the pay so fixed illustration.
- The re-employed pensioner will, in addition to pay as fixed under Para (2) above shall be permitted to draw separately any pension sanctioned to him and to retain any other form of retirement benefits.
