Fixation of pay of re-employed pensioners-General policy thereof

Fixation of pay of re-employed pensioners-General policy thereof

No.7(38)-Est.III/62
Government of India
Ministry of Finance
(Department of Expenditure)

New Delhi-2, the 18th October, 1962.

OFFIC E MEMORANDUM

Subject:-Fixation of pay of re-employed pensioners-General policy thereof.

The undersigned is directed to refer to this  Ministry’s Office Memorandum No.8(34)-Est.III/57 dated the 25th November, 1953, on the subject noted above, and to say that it was clarified vide item 3 of the statement annexed to this Ministry’s Office Memorandum No.8(32)-Est.III/60 dated the 21st July 1960 that the increment accruing during the first four months of leave on average pay or within 120 days taken as leave preparatory to retirement could be taken into account in determining the pre-retirement pay on re-employment except that if the re-employed Government servant was holding
the pre-retirement post in an officiating capacity the increment in respect of that post could be taken into account only if the competent authority certified that the re-employed officer would have held the officiating appointment but for proceeding on leave preparatory to retirement.

2.With the issue of this Ministry’s Office Memorandum No.F.7(122)-Esttt.IV/A/60 dated the 1st September 1960 the grant of leave extending beyond the date of compulsory retirement or beyond the expiry of extension in service is not treated as an extension of service and the Government servant is not permitted to retain a lien on his permanent post or any other post during the period of such leave.

3.Further, in accordane with the clarification in item 1 of this Ministry’s Office Memorandum No.7(1)-E.IV/A/61 dated the 7th January 1961, in the case of an officer availing himself of refused leave, the pensionary benefit would be admissible as due to him on the date of superannuation though the benefit could be given only after the expiry of the leave.

4.In the circumstances, the question of the increment falling due during the period of refused leave being taken into account for determining the pre-retirement pay of an officer on his re-employment would not arise and item (3) of the statement annexed to this Ministry’s Office Memorandum to No.8(32)-Est.III/60 dated the 21st July 1960 should be deemed to have been cancelled.

Sd/-
(V.K. Subramanian)
Under Secretary to the Govt. of India.

http://finmin.nic.in/the_ministry/dept_expenditure/notification/payfixation/18-10-1962.pdf