orale tan cea Ua FPriaw [RMOa0] Wr ase we, fta vs, facet wrer-10 aprafera sree art 1 seat - A fectie :->\/ 01/2013 fava :-3raifafe fasvfta eda & aeferitat at tert oer - mada seq soa seq wifafaa) Hs695/2000 # uta ais 30/04/12 & Hee aT arateaaet| ESI IIS III IAI IEE srk fava Hence & ua wea 5669/AT-P/General feria 21/12/2012 & siata one ana WOR, offe,cte fered cet te vara ( atte ed offer faum) a arate ama eee 12/4/97- Dir(C)(VoL.Il) . 26/11/2012 a wf ane a yaar ed staves orkarg &g fia By or we BI met oeRte & fe gaat velar omy siete oraferat a ofa ott | a) pra matt 21 Fe ert ela ait) wpiget Seat :- v.dh./ A ane. /125/fafaer feria - 2/01/2013 ferfenfe :- {1} 2080 Pretaa](s0H0) qarerct hoot (#0w0) dérre {3} daa crear (ie) ger Aare orate & daft afta va srg ue EDP fox Uplerd on Rcd waht aut Pe 13 a..(arar ween) ©OFFICE OF THE CGDA , ULAN BATAR ROAD , PALAM , DELI CANTT-10 No. 5669/AT-P/General Dated: 21/12/2012 1. The Pr. CDA (Pension) 2. The Pr.CDA(Navy) 3. The CDA(AP) Allahabad-14 Mumbai-39 New Delhi-66 Subject: Implementation of the order dated 30.04.2012 passed by the Hon’ble Delhi High Court in WP (Civil) NO. 5695/2000-pensionary benefits to the employees of non-statutory Departmental Canteens. Please find enclosed herewith copy of office memorandum no. 12/4/97- Dir (C) (Voll) dated 26.11.2012, on the above subject matter, issued by Ministry of Personnel & Public Grievances & Pensions, Department of Personnel & Training for information and further necessary action. The same thay also be downloaded from the DOPT website persmin.nic.in. \ 7 Jt. CGDA (AT-ID) has seen. edo For CGDA Copy to: 1 PCDA (SC) Pune 26. TFA (Air) Vayu Bhawan F PCDA (AF) Deharadun New Delhi 3. PCDA (0) Pune 27. IFA (BR) Sena Bhawan 4. PCDA (NC) Jammu New Delhi 5, PCDA (WC) Chandigarh 28. IFA (Navy) New Delhi 6. PCDA Bangalore 29 IFA (Army-O) New Delhi 7. PCDA (CC) Lucknow 30. IFA (Army-Q) South Block 8. PCDA (SWC) Jaipur New Delhi 9. PCDA New Delhi 31. IFA (Army-M) Kashmir Hou 28 PCDA (BR) Delhi Cantt New Delhi-11 i PCDA (R&D) New Delhi a2. IFA (NC) Udhampur 12. CDA (IDS) New Delhi 33. IFA (Hqrs SC) Pune prolost Immediate \y No 12497-Dir (©) (volt Government of India Ministry of Personnel & Public Grievances & Pensions Department of Personnel & Training Floor, Lok Nayak Bhavan, Khan Market, New Delhi eves 6 ated the 26/11/2012, tas OFFICE MEMORANDUM. jl \Sitbyéet: - Implementation’ of the Order dated 30.4.12 passed by the Hon'ble Delhi - ~ High Coun in W.P. (Civil) No. 5695/2000 - Pensionary benefits to the :mployees of Non-Statutory Departmental Canteens Regarding. d- \ The undersigned is directed to refer to this Depaltment's Office Memoranda Nos. 12/3/92-Dir (C), dated 16.11.92 and 16.12.93 (copies englosed) which provided for Pensionary and GPF benefits admissible to the Non-Statutory Departmental Canteen employees. These provisions had been appealed against by a section of canteen employees, The Hon'ble CAT. Principal Bench, New Delhi in two such petitions bearing Nos: 572/96 and 2136/98 have ordered on 3.12.99 and 13.1.2000 respectively as under:- 1) “cunneThe respondents are, therefore, directed to grant the benefits of the entire past service prior to the Applicants having been declared as Government Servants for counting towards pensionary benefits” iy ‘Respondents are directed to take a decision in terms of the decision given by the Tribunal in 0.A. No. 572/96 ie. to take into account the entire past service of the applicants for purpose of counting towards pensionary benefits” 2. However, Government decided to file an appeal against the said orders of the CAT before Hon'ble Delhi High Court. Accordingly, an appeal was filed vide W.P. No. 3695/2000 against orders of the CAT. Pending disposal of W.P. No. 5695/2000 in. the Delhi High Court, it was decided to implement the CAT’s Order dated 3.12. 99 vide OM No 12/9/2000-Dir (C), dated 8.11.2000. Now, W.P. (C) No. 5695/2000 has been dismissed by the Hon'ble Delhi High Court vide their order dated 30.04.2012 for devoid of merits. 3. The matter has been accordingly considered lby the Government and it has been decided that the entire past service rendered on regular basis by the non-statutory contd..2/-44, Internal @ W) CDA Patna 34 IFA (WNC) Mumbai CDA Chennai 35 IFA (Maint Command) Nagp CDA Guwhati 36. IFA(ARTRAC) Shimla CDA (Army) Meerut 37 IFA (WC) Chandimandir CDA (Fund) Meerut 38 IFA (CIDS&SFC) N.D. CDA (CSD) Mumbai 39 IFA (CC) Lucknow CDA (PD) Meerut 40. RIC Office of the PCDA(O) CDA (R&D) Banglore Pune CDA Secundrabad 41 RTC Office of the CDA (A) CDA Jabalpur Meerut CDA (R&D) Hyderabad 42 RTC Office of theCDA(R&D JCDA (AF) Nagpur Bahealore PCA (FYS) Kolkata 43, RTC Office of the PCDA(CC ral RTC Office of the Pr. CA (Fys), Kolkata, AT-Coord (ii) Library (ii), AT-V@AD) GivyATICC-P Insp Cell (vi). HQrsEDP Centre (wii) CGDA Tran, Centre Bran Square (viii) ACGDA (IT) Ol/e Project Suvigya. 9 > aployees will be reckoned as “Qualifying Service” for the purpose \sith the relevant provisions contained in CCS ation of pension in accordance and related orders. This admissibility will be subject to the cal (Pension) Rules. relund of the entire amount received as employer including imerest received by th with interest at the rate applicable to GPt accumulation from time 1o time as prescribed in Deparment of Pension and Pensioners Welfare’s OM No, 38/34/2001-P&PW (F). dated 29/4/2002 (copy’ enclosed). The interest lated for the period from the date of receipt of employers’ share of EPF date of refund to the Government. conttibution to the EPF. if any will be cal contribution by the employee to # 4, In view of the above, the provisions contained in this Department's Office No, 12/3/92-Dir (C), dated 16/11/92, 16/12/93 and 8/11/2000 shall extent of the provisions specified herein above, Memoranda beari stad randified «0 5. The Ministries/Departments are requested 10 issue instructions to their gnached/subordinate offices to take immediate necessary action to seitle the cases of the employees affresh who retired/¢ied in harness on or afier 1/10/91 6. his issues with the approval of Ministry of Finange, Departmert of Expenditure U.O, Note No.1(17VE.W/2000, dated 7/11/2012 and Ministry of Home Affairs, Home (Finance) Dy. No. CF 147351/AFA (F-1), dated 8/11/2012 7 Hindi version of this OM will follow 2 (@Pratina Tyagi) Director (Canteens) ‘Tele, No. 24624722 Copy for information and necessary action to:- All Ministries/Departments to the Govt, of India (as per standard list) ture, North Block, New Delhi \ 2. Ministry of Finance, Deparment of 3. Ministry of Home Affairs, Home (Finance) Division, North Block, New Delhi 4. The Comptroller & Auditor General of India. Bhiadur Shah Zafer Marg, NewDelhi S.- Comoller General of Defence Accounts, West Block V. R.X. Puram, New Delhi Ali Controller of Accounts in the Ministries/Departments, New Delhi 7 The Supreme Court of India, New Delhi, 8 The Registrar, Delhi High Court. New Delhi. 9. The Director, Department of Pension & Pensioners’ Welfare. 3% Floor, Lok Neyak Bhavan, Khan Market, New Delhi 10, NIC. DOPAT. Lok Nayak Bhavan is requested to upload this on the website of this Ministry under link Welfare > Cameen > General/recent circulars in sub- head Pension, Gratuity and GPF. 1. Hindi version of this OM will followNo. 12/3/92=0i r(C) Gavernmant af India Ministry oF Personnel, P.G. & Pensians (Deptt, af Personnel & Tr-ining) ee Nau Dalhi, the 16 Novamber, 1992 OFFICE M=MOR AN DUM SUB: Implementation of Supreme Court Judgement in cxse of employe2s of non-statutory departmentsl/cooper tive cantasns; tiffin rooms locited in Central Government offices axtansion of pansionary and GPF benefits ~ Matters ree-rding. = 5 The undersigned is directed to fefer to O.M,No.12/5/91-Dir(C) dated 29th January, 1992 regarding implementation of Supreme Court judgement in cas of the emplaye:s of nan-statufory dep rtments cooparstive tean/tiffin rooms located in Central Govt, affices vida which the employees of th2 above canteensftiffin roams regi stered with Director (Canteens) were trested as Governmant servants u.2.F. 1,10,91 and extended all the benefits 1s are svailable to othsr Central Governmant employe2s of comp*rable status. As anvisagad in the jedgement delivered 2n 11.10.91 by the Hon'bls Suprema Court fIndi3 in UP No,6169-7044 and 8246-55 of 1983 - C.K. Jha and gthers Vs, Union of India and othars, It wis inter-siie-statedvide the above quoted OM that 2 sap.rate communic+tion will follaw with regard to GPF, Pension, Central Govt. employzes Graup Insuz-nce Scheme ate, Accordingly the instructions on Cantrel Govt, Employe:s Group Insursnce Scheme has bsan issued vida this Depsrtmant OM No,12/2/92 Oir(C) dated. 28,5,92, 2, Inthe judgement the Hon'ble Supreme Court ardared "FOR THE PURPOSE OF CALCULATION OF PENSION SERVICE FROM THE DATE OF INTER- LOCUTORY ORDER SHALL BE COUNTED.......-+2+6" Ths Hon!bls Court has prssed interlocutory order in the caz3 on 26,9,83, Accardinoly the quastion of regulating retirament benefits pensian and provident Fund of tha cantean 2mplayzes h=3 been under axaminstian of the Govt. The President is nou pl2ased ta dacida thet th od in the manner haeainefter prescribed: (a) peNSTowaRY (i) Thode apnointad on or after 1,10,91 will b2 campulsarily gavernad by the provisions contained in the CCS{Punsion) Rules, 1972,CCS(Commutatian of Pensian )Rulss 1991 end the COS (Extra-ardin iy Pensian )Rul2s, (ii) Those appointed priar to 1.10,91 and wer2 2 till in seevice on that date will hava an aption— (a) aither (b) be oaverr by the Sontributory provident Fund Schema, he aptian will hove to bo exurcis2d within six months from the dat2 of the issu of thoss ard2rs in tho form at enmaxur? to these ardars, The oaptian ane2 exer: will be finel, Thos2 who donot exarcisa any option amy $5 2 elect pansion schems undzr el-usa(i),ar(iii ) (iv) (vi) uithin ths stipulated period will be dasmsd to hov2 opted in favour of the pansion schame 7 Those who opt for pansion schem2 uill sso be eligible for banufits of family pension and ratirzmant ocztuity/ death gratuity under ths CCS(Pension Rules, 1972. Thosa who opt for CPF Schama shall ilsa be eligidl? for ratiramant gretuity/d2ath gratuity admissible undar the CCS (Pension )Rulas, 1972. They will not, however, be far Family pansion benefits thereunder. In the case of persons uha hava retired betu2en 26,9,83 and-4,10.91, since they would have rendered loss than 10. yaars qualifying Sarvice rackonzd fram 26.9,83 and ll not-b2 eligible for monthly pension tharofar, thair settloment of retiremant bensfits ae y done under the igible Osp2rtmsntal Cantzan Employ2:s (Recrui tmont 2nd Conditions ‘ef Servics) Rulss, 1980 promulgated vilde GSR No. 54, dsted .23,12,.80 will hot be disturbad Similsrly in the c2s2 of ‘those"uho have retired batweer 1.10.91 ond the d=te of issue af thas2 orders sinc2 they would z1so have renderad loss than 19 years qualifying service rickon2d from 26.9.83 and will not b2 eligible for monthly pension, their sattlemant of retiramant benefits already done under the Departmental Cantsens Employe:s (Recruitmant and conditians 3F ssrvice)Rulss, 1980 will 3lso not be disturbed, The familizs af ths employ2es who diod while in servica batween 1.10.91 and thedte of issue of thess ardsrs: and 5 uho' are aligibl2 or have been elloued family pensians banefits und2r the EPF and Miscallanesus Provisions Act, 1952 will have an sption 2ithar to continu to draw family pensisn undar the ssid Act ar to receive family pension admissible under the CCS(Pensian) Rulus, 1972. In the batCer case thy femily will have to refund the omplayar!'s contribution af EPF including interest thereon received by them slongwith simple intzrerest at 6% per annum from tho date of draval to the data of refund. The option will be exercised within six manths of the dato of issue of thesa arders, The option ance exarcissd will be final. If no aption is exercisad-uithin the stipul-ted p2riad the familios will be diomsd to hwv2 retained the banofits under ths EPF and Misc. . Provisions Act, 1952, Ths emplay3s wh> u2re nat subscribing to EPF their fmilics will be sligibl2 for the banefit 3f P2mily pansian under CCS (Pension Rules, 1972. PROVIDENT, The employs2s anpoin Compulsarily governed by Ssrvices)Rulzs, 1960. In the st Gmplay23s Provident Fund and opt for pansion in funos sd on or sfter 1,10,91 will be the Ganaral Providant Fund(Cant asz af amplayozs recruited priar to 1.10.91 and in servicg an thit data and ar subscribing tovo 5 3 -S of ulated 2s Follawst~ (a) The =mount standing the EPF account as on 30.9,83 represonting the omploysr'e conbritution and the cnployess cantributicn, shall remain in tne EPF account being ated by the Chief Provident Fund Commissioner and gaid to the employzes as.end when they retire from Goverment service, (b) As far as contributions made beyond 30.9,83 are concerned, the entire balance lying to their credit in the EPF account shall be transferrad to the Government who in tum will credit the employee's contribution uith interest thereon to their respective GPF account ond the employer's contribution with interest accrusd ‘thereon shall be resumed by the Government. In the case cf thos@ uho were subscribing to EPF and to Rot opt for pension schem? in age of thee orders, they will be GligibLo for contributory Provident: Fund benafits under the CPF Ruies (India), 1960. for this > purpose their CPF gcczunts will. te opened by the resptctive departments. The entife balanc® lying to their credit in EPF— both employscs end employers contribution with interest, accru8u thercon shall be transferred to their CPF account. to be opened in favour of Cach Smployec, This can be don? from a prospective dats es and whon’ their 70 opened, (iv) In the case of thos? who ere not subscribing to Employtos Provident Fund, (3) thos® uho opt for pension will be entitled to, GPF boncfits with effect from 1. 10.1991 and (b) thosé uho' do not opt for pension echome will be entitled to CPF benefits under tho Cantributory Provident Fund Rules (India), 1960. ALL the Ministrios/Ocperiments are reques: ts issuc insturetions te their attechod/subordinnt? of ficxe and th Chairman/Sccreteri¢s of the Managing Coimittee of the aforesaid Departmental Canteen ste, to tck® immodiat® necassery action and settle tho EPF accounts of the abov2 omployz2s cs indicated sn the foregoing paragraphs, af obteining the necessary option From the cantotn employees Cte, es indicated in this 0.M This issues with the concurrence of Ministryiof Finance, Ospsrtmont of Expenditure vide their OrceHo. 1(46)/ e792 of 8.14.1992 and Home Financo Division Dy, No, 2123/92-Fin.1 dated 11.11.92 and in consultetion with Ministry of Labour vide Dy. No. 11026/14/92-SS. 11 dated 23, 41992 and Ospartment of Pension vide Dy, No, 2182/38(CS)/92 of 12,8, 1992, ‘indi vorsion will follow be ore (RG RICHHARIYA ) ” DIRECTOR (CaN TEENS) Joist 4625018.10. WW 12, 18. 14, All Ministries/Dapartments to the Govt. cf India (as per stendard list). 7 411 Cheizman of Managing Committee of Centaens/ Tiffin Rooms (as per list attaches), Ministry of Finance, Oepartment of Expenditure, Ministry of Home Affairs, Home Finance Divisicn. ceDA, RK Purem, New Delhi, DG, PET, New Ceihi, All Controllers of Accounts in Mind ptries/ Departments, Ministry of Economic Affairs, Budgetary Division, Ohi, \ Ministry of Labour for information end necessary action wr. their Dy. No, 11025/14/92-S8,1I dated 24.4.92, CAG, Ne Chief Provident Fund Commissioner, New Oclhi with 2 request to iesua immediate instructions to all the Regional Provident Fund Commission@rs to implement the absv2 orders, Registrar (Judicial), Suproment Coury of India with ref. to his No. 1999 & 1988/83/Sac of 2,9.1952. ‘s Welfare (Shri Suem Des, Department of Pensicne & Pension: ar 8.0, (Canteens) with 300 spare copies,4. Name of the Ministry/ Departmen t/ Office (vith full eddress), 2. Name of the employee, 3. Oesignation and Sccle of Pay. 4, Canteen to which attached, * I do thereby apt for the pensionary benefits; (oR) * Ido not opt for the \ donazy beneffts, I em fully aware that the option once \¢xercised vill be Pinal. hs Signature, oe ~———Name—end Ge signation atthe empie: Dateds Usinesses, 4, Signature & Designation, 2, Signature & Designati Countsm signed by immedia t@ superior. * Inapplicable clause to be scored out.x MOST IMMeataTs No. 12/3/92» Dir (C) Government of india Ministry of Personnel, P, G. & Pensions (Deptt. of Personnel & Training) New Delhi, the (6th December, 1993, Subject:- Implementation of Supreme Court judgement in the case of employees of Non-statutory Departmental/Co-cperative canteens/tiffin rooms located in Central Government Offices = extension of pensionary and GPF benefits = matter regarding, In continuation of this opt tment's OM of even number dated loth November, 1992 on fhe above subject, the undersigned is directed to say that consequent upon judgement of Hon'ble Supreme Court of India dated 11.10.91, the employees of non-statutory canteens/tiffin rooms registered with Director(Centeens) and located in. _ Central Government Offices were extended the pensionary and GPF benefits, Now the Hon'ble Supreme Court has clarified their earlier judgement dated 11,10,91 with regard to the counting of service for pensionary benefits to the above employees as under: “.eee8 The pension will be given to all those who have retired after 1.10.91, However, for the purpose of calculating the pension their service on and from 26,9.83 will be taken into consideration, .In case of those whose service falls short of the qualifying period, the service rendered by them prior to 26,9.33 will be taken inte consideration to the extent of the shortfall see... 2. In view of above clarification issued by Hon'ble Supreme Court of India, the President is pleased to decide that in the case of canteen employees retired between 1.10.91 to 25,9.93, the service rendered prior to 26.9.83 will be taken into account as qualifying service to the extent that their actual qualifying service falls short of the minimum service required for grant of su erannuation pension in terms of Rule 49(2) (b) read with Rule 49(3) of the CCS(Pension) Rules 1972, This will, however, be subject to the refund of employer's share of contribution to the EPF for the period of service taken into account for pensionary benefits, including interest received by them, alongwith simple interest at the rate of 6 percent per annum from the date of receipt/withdrawal to the date of refund.36 Such of the employees who retired between 1.10.91 and 25.9,93 may, therefore, be given an option as per proforma enclosed, if they want lo opt for the pension scheme as specified above, the option form may be sent to them on their addresses by Registered post, clearly indicating the details of amount which is required to be refunded, The option will have to be exercised within six months from the date o.f issue of these orders in the form at annexure to this order. The option once exercised will be final, In case no option is received within the prescribed time limit, it would be deemed that the employee is not interested in opting for pension scheme and the case be closed. 4 The Ministries/Departments are requested to issue instructions to their attached/subordinate offices and the Chairmen/Secretaries of the Managing Committees of the aforesaid canteens/tiffin rooms to take immediate necessary action to settle the cases of the employees as indicated in the above paragraphg after obtaining necessary option from them, ] \ 5. This issues with the concurpence of Ministry of Finance, Department of Expenditure vide their U.0,NowL(16)/E.V/92 dated 23.11.93 and Ministry of Home( Finance) U.0.No.2486/93/Zin, I dated 24,11.93 and Department of Pension & pensioners Welfare No.7/1/93 dated 22.10.93. he est {R.\C, RICHHARIYA) DIRECTOR (CANTEENS) Ph, 4625818 To Le ALL Ministries/Departments to the Govt. of India (as per standard List). 2. All Chairman of Managing Committee of Canteens/ Tiffin Rooms (as per list attached), 3, Ministry of Finance, Department of Expenditure, 4. Ministry of Home Affairs, Home Finance Division, 5. -OGDA, R.K.Puram, New Delhi, 6: DG, P&T, New Delhi, 7, #1 Controllers of accounts in Ministries/Departments. @. Ministry of Economic Affairs, Budgetary Division, 9. CAG, New Delhi. 10. Registrar (Judicial), Supreme Court of India with ref. to his No,1999 & 1985//83/Sec.X of 23.8.93. 11. Department of Pension & Pensioner's Welfare pS a1, Name of the Ministry Davart: Office (with 7~ 3). 2. Name of the Toyee. 3, Designation 4, Scale of Pay and last pay drawn, 5, Canteen where he was working 6.# Ido thereby opt for the pensionary benefits. = (oR) ® Ido not opt for the Pensionary benefits. i am fully aware that the optilon once exercised will be final, \ Signature Name and Designation of the Employees With Paresent Address Dated witnesses: 1, Signature, name and Designation 1. & full postal address, 2. Signature, name and Designation 2, & full postal address. Countersigned by immediate superior. Inapplicable clause to be scored out. Note:- The employee who was contributing to PF and now opting for pensionary benefits is required to refund of Euployer’s Contribution to EPF for the period of service taken into account for calculating pensionary benefits including interest thereon received by the employee alongwith simple interest @ 6% per annum from the date od withdrawal to the date of refund. .No.38/34/2001-P&PW| GoveRNME: SSONNEL, Put F PENSION ANC NEW DELH! OF INDIE hansteTRY OF P Devan OFFICE MEMORANDUM Dated: 29.04.2002 Subject: _Rate of interest payable on delayed payment of DCRG and rate of interest ~ chargeable on refund of censionary benefis already drawn, in connection with counting of past service under CCS (Pension) Rules, 1872 end Department of Pension & Pensioners’ Welfare OM No. 28/10/64-PU dated 29.8.1984 ds amended from time to tima\~ rea In supersession of this Department's OM No Mes P&PWEF] dated 25.8.16 +) and 21/10.1505, on the above abject, the undersighed is creced to "say thet 1 President is now plezsed to deside that where the payment of OCRG has been delayed beyond three months from the date of retirement, an inierest atthe rate epolcable to GPF deposits cetermined from time to time by the Goverment of indie wil be paid 16 Teiredicependa: E s of decsesed Government senvents relitedidependsnts of decsesed Government SSvenie 2. The administrative Ministries/Deoeriments are_requesied to comply with tt instructions contained in para 2(¢) and {e) of this Deperiment’s OM No. 36/6d/98- (F] Oated 5.10, 1096 in he miatier GF payment OF inferest on delayed payment ot CRG, Whang of responsibly ano recover the_aniours trom te concemed Dealing cial, SUDETVISOT En HEEG OT Uiice in proportion of their salary 3. The President is also pleased to decide that wherever the employees are required 10 refund the pensionery benefits received by them for the service already rendered by ‘nem under the Central or State Government or Autonomous Bodies or in Armed Forces {Wlliizry Service), in order to avail of the benef of counting of past services for pension purposes in terms of the provisions of Rules 17 to 20 of CCS (Pensicn) Rules, 1872 and Department of P&PW's OM No. 28/10/84-PU dated the 29” August, 1984 as amended from time fo time, the rate of interest wil be at the rate applicable to GPF deposits deteanined from time to time by the Government of India, for the period irom the date of receipt of pensionary benefits to date of their refund to the Govermeny/utonomcus Body. 4 __ In the case of Miltary pensicrrs re-employed in civil service, the interest wi! be recovered for the period from the cate of joining civil service til the date of refurc of Pensionary Denefits to GovernmentiA:tohomous Body. 5. However, interest calculation in per the method indicated in Annexure-A. ase of refund of pensionary benefits would be Contd, .2/-28 where after the issue of the orders by the competent authority on ine 6 nical basis cf option exercised by an employee for counting of pact service for pensionery purposes, if an incividual does not deposit the pensionary benefits already received by him within one months of the receict of communication from the Government Autonomous Body, a penal interest @ 2 per cent per annum will be charged in actition to normal rate of interest mentioned above. (Depenments are requested to advise the attechec/suborainate ry bodies under th alive conitol and to settie cz provision of this Office 7. All the Ministries /auionomousisi 8. _In so far as persons serving in the indie Ausit and Accounts Deparment are concemed, these orders issue after consuiiation yi the Compitaller & Aucitor General of Incia 5 - Oy ( Sufi Dats) Director To Ali Minisiries/Ospanments of Government of Indie { With usuai number of spare copies).\3 MOST IMMEDIATE No. 12/9/2000-Dir.(C) Governinent of Indie Ministry of Personnel, Public Grievances and Pensions Department of Personnel & Training Dated the 8th November, 2000 OFFICE MEMORANDUM Subject: Implementation of the Orders dated 342.1999 and 13.1.2000 passed by Hon'ble CAT Principal Bench, ‘New Delhi in OA Nos. 572/96 and 2136/98 — Extension of pendionary benefits to the ‘employees of Non-Statutory Departmental eae — Regarding, The undersigned is ditected to refer to this Depariment’s Oifice Memoranda No, 12/3/1992 -Dir(C) dated 16.11.92 and 16.12.1993 which provided for Pensionary_and-GPF-benefits adinissible to the non-stetutory Depaittiental Canteen employees. These provisions had been appeeled against by a section of Canteen employees. The Hon’ble CAT Principal Bench, New Delhi in two such petitions bearing Nos 572/96 and 2136/98 have ordered on 3.12.99 and 13,1,2000 respectively as under:= (i) “......'The respondents are, therefore, directed to grant the benefits of the entire past service prior to the Applicants having been declared as Governmept servants for counting towards pensionary benefits” Gi)“. Respondents are ditected to take a decision in terms of the decision given by the Tribunal in 0.A No. 572/96 i.e. to take into account the entire past service of the applicants for purpose of counting towards pensionary benefits” 2. However, Goverment decided to file an appeal against the said orders of the CAT before Hon'ble Delhi High Court. Accordingly, an appeal has been filed vide WP. No. 5695/2000 against orders of the CAT which is pending disposal before the Delhi High Court 3. Pending disposal of the case by the Dellii High Court, it has been decided to implement the directions of the CAT as under:~4 “The entire past service rendered on regular basis by the non-statutery Departinental Canteen employees will be reckoned as “Qualifying Service” for the purpose of calculation of pension in accordance with the relevant provisiuas contained in CCS (Pensions) Rules, 1972 and related orders” 4) This ord is subject to the final outcome of the W.P No. 3695/2000 filed in the Hon'ble Delhi High Court against the order dated 3.12.99 and 13.1.2000 of the CAT. In the event of a decision in favour of the Government the enhanced amount of pensionany other benefit arising from the implementation of this order Will have to be refunded along with the interest at the sate applicable (o the OPF accumulation as prescribed in the Department of Pension and Pensioners’ Welfate O.M. No. 7/1/93-Dir(C) PEPW(F) dated 31.10.95 (copy enclosed). An undertaking to this effect shall be oblained fipm each individual Canteen employeetetred employee by the concerned Ministris/DepartnentsOfices before implementation of this order. 5. All Ministries/Departments are requested to issue instructions to their attached/subordinate offices to take inunediate action to seltle the cases of the employees afresh who retired/died in harness on or after 1.10.91 :, 6 This issues with the approval of Ministry of Finance, Department of Expenditure vide LD. No C-129/EV/2000 dated 31.10. 2000 and Department of Pension and Pensioners Welfare vide Dy. No 432/C/2000 dated Ist November, 2000 and Ministry of Law, Department of Legal Affairs U.O. Note No. 4000/2000 dated 7.11.2000 7. Hindi version of this O.M. will follow. : Oo (SM.SAHARIAR) Director (Canteens) Tele, No.4625818Copy for information and necessary action to 10. AL All Ministries/Departments to the Government of India (as per standacd fist) Ministry of Finance, Department of Expenditure, North Block, New Delhi. Ministry of Home Affairs, Home (Finance) Division, North Biock, New Delhi Controller General of Defence Accounts, West Block V, RK Puram, New Delhi. The Director (Welfare), Department of Pos's, Dak Bhavan, Marg, New Delhi \ To the Director (Welfare), Department of Telecom, Dak Bhavn, Sansad Marg,New Delhi All Controller of Accounts in the Ministries-Departments, New Delhi - sansad Ministry of Economic Affairs, Budgetary Division, New Delhi. C&AG, 10 Bahadurshah Zafar Marg, New Delhi. The Registrar, CAT, Principal Bench, Copernicous Marg, New Delhi. ‘Tife Director, Department of Pension and Pensioners’ Weifare, 3 Floor, Lok Nayak Bhavana, New Delhi. $.0 (Canteens), Lok Nayak Bhavan, New Delhi with $00 spare copies.Io ‘ No. 7/1/93-Parw (F) Government of Indde Department of Pension & Pensioners! Welfere New velhi, 31 Gctober, 19%5. ce ani rate ot t infBrest cherge@bls on ov ary benef ite ‘sir dy drawn, race wade count=ing of py be service umer CCS fon) Rules, 1972 and Lepurtment o£ Fension £ Peis 0 28/ 10/84~Pension Unit dsted 29-8-1964 amended from time to time. , | \ ; taaenann | Monk |fndol-ctanga.is diceceed vol l.. accentian on th partmenyil s.0 O£ even number: dated 25-0-1994 on the subject ementioned Shove aed to clarify that in the case {Of refund of uA the ens fiona ry: the employces oft ing! for counting ;Ok* service already rendered by them for pension.in-terms of the } “provisions of kule 17 to 20 of ccS (Pension) Rules, 1972, referred to in psra 3 of the O.H., the interest -will ke?” qealculated in the same+manner os i done in respect of GPF " balances. The .wenney in which interest on GPF ba lence s is Ey icajeule tea dis illustreted in ANCSXULE-A., It has elso bega: decided. in consultation with Ministry -Piof;Pinonce thet the fenal interust to be chargea, in ada ition ito, normal’ rate of interest applicable for GPP accumulat ions, Sn’ the case “of non-deposit of tension.ry benefits by t mployees opting for counting of service within the ut ieulsted ‘ver fod o£ 1 month after the issue of orders or competent - yuauthority*wilT be 2 per cent per anoum instead of 1 per cent ‘per annum @s earlier indicated in pare, 4 of the aforesaid Office Newrandum, Fi : 3. In so far as persons serving in Tidian audit & Accounts Depertwent are concerned, these orders issue after consultat ion with the Comptroller & nuditor General of India. te, (5.ch Bitar : DY¥. SECRETARY TO THE GOVERNEENT OF INDIA ALL Hindstries/bepsrtinents of Govt. of India, . aecechoceCTATEREST? chteut.t 10 BENEFITS (iUuusrant® As For a Cult ysor Balance on Sist Maren, yer 44,6919 ~ a 45,008 = 4N,oa° ~ - at, Gur fen Total 5, 44,2: = Rs.5,142,BoP 1/1/93-PSEW(P) : : COMMENT OF Nida ine: Depattment of Pension & Pensioners welfare yt a . 3rd Floor, Loi Nayak. Bhawan, . Khan “ve New f HBuhuncenent of, rate of intereets payabje on.delayed. payment |/ 7 {Qf D-C-RG. and rate Of interest charyeable.on xref url of Lesngienaryibepetits already diewn, Tnfeonnestfon with yes ting of past .cervic> under|Ccs (Pension)rMules, 1972, | Honours enti o£ Eensicn & Pens Vig tere 0 «Me i + f910/04-K0 dated “29-a-198 at ‘the Government have had unde iethancing the rate of interest p layed: payment of Death-cun~ ie . r consideration, the guéstion of ble oa Gowernwent servant, on Sek <1 Rolircwent Gratuity whete delay.occurs SSPrSe Saunt oF, administrative lapse or for ressoas beyond the cont wl Oe OMe EMment! servant concermd. In supersession of this Department's Eo 73/04-PU Gatca 2ath July, 1904, the President iu now pleased’ efide thae where the payment of D.G.RG. bas been delayed beyond 73 peauenths fre the date of retirement, an interest: at the rate ? Present 12 per cent pér arnum, PLAS bloilo GET deposits ( Gokboumled acnually) will Le paid to retired/cepemienna of dee ?Sove rmient” servant. iA. banks The Administrative Ministries are requested to ensure that in : alY causes where hernast has to be paid on D th-curm Ret i rcinent Gratuity, bedause of adminixtetive deley, actisn should be taken ko fix responsibility 4 action aI a ainst tility and Ziseipr action should be taken agains , the officer responaiilie for t delay. ‘ aged » The President is als: (Help oyees, are ‘required to 4 “aay. hem fori the Servic lor State Government @r Bence it .of toe he: © pleased to decide that wherever the efund the pensionary benefits received alreedy rerlered by them urder the Cont ral < avtonomous bodies inorder to avail of the soupking o£ past services for pension purposes in tems Be Provisions of Rules 17 to 2 of CCS(feusion) Rules, 1972 epartinent_o£ Pension Y wdated ‘the 29th August, AESGGIOE “interest: w#11 pet from” tte to ikime,~ for th ‘peusioné ry benefits to date of their sAutonomus Body, & Pensioners! Welfare's 0.Ms, No. 20/10/a4— 1964 as awended from tine to time, the he cute applicable on GPP accumulations period £rom the date of' receipt of refund to the Governmnent/Vos Pa L/W’GarFsk e) cowmtinat’ OF IN peer ae det anes Candiorer Weems 3x0 Flog ry Lok Wayak. Bhawe Oy Fie ed Khan Mazket,: New Dellid.s 130003." fk 1 a Baked 73.Eh. Mudustyl i ‘ te ail papete bos | : urro earal| | : hancement of rate of interest: payabje oF aeleyed. payment / Tero D.CeRGs and rate Of interest che able on -refucl. of sigpanribypet ies el injconnest with cing of post serve done Pales, Départpenti o£ Lens-en & are O+Ne a/c my nsideration, ‘the guéstion of % ‘he Government have had under co} nrnvent servant, on vethancing the rate of interest payable to” a Gow" SeLayed. payrent Of Death—cum-Retirewent Gratuity where delay.occurs yenfacgount of, gdwinistrative lapse or for reesons pe yor 2 control Zn swwersession of this Departimend's leased: ment’ servant concerned. o61/3/04-FU Gatcd 26th Tuly> 1994, the President is row P. tordeeide that where the payment of D.C. TLG. Pes ypeen delayed beyond /S ( vE retirement, an interest’ at the rate Lappeiqablo! present 12 per cent Pi Loonpounded avavelly) will be paid to reth Gove, rhnient servant. poure that in web i rement Snould be taken aginst 2s The Adriaiatrative Ministries emat has to be paid on Death-cw e delay, action 9) wy aetion should be taken 29 wherever the petits received rider the Cent rat ail of the n tens Soils The, President is also pleasad to decide tl ypjovess. are reduired to refund Lhe pensionary be Y Chom fori the service wlresdy remlered by them u r State Gove rument @e avtonomus bodies in order to “av ayENeL IL ME counting of past services for pension purposes i gf! the provisions of Ryleo 17 to 20 of cs(Zension) Rules+ 2 jandiDepartment_of£ Pension & Pensioners! Welfare's 0-lM+ Mo - 20/10/84— RV idated the ,29th August, 1904 as anended from tine to time, the LAB Io£ Gatdfest: will be the cate applicable on GPF accumulations Exel time to itime, for the period £rom tue dake & ipensionery benefats to date of their refund to the Government Li Rutonoapus Body.