'Most Immediate No. 12/4/97-Dir (C) (YoU!) • G6vernmentofIndia' Ministry of Personnel &'Public Grievances & Pensions pepartment of Personnel & Train ing

rd

3 Floor, Lok Nayak Bhavan, Khan Market, New Delhi. dated the 26/11/2012.

Subject: - Implementation of the Order dated 30.4.12 passed by the Hon 'ble Delhi High Court in W.P. (Civil) No. 569512000 - Pensionary benefits to the employees of Non-Statutory Departmental Canteens ~ Regarding.

The undersigned is directed to refer to this DepaJ1mel~t's Office Memoranda Nos. 12/3/92-Dir (C), dated 16.11.92 and 16.12.93 (copj~s enclosed) which provided for Pensionary and GPF benefits admissible to the Non-Statuto;-y 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 sllch petitions bearin~ 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 Government Servants (or counting towards pensionary benefits"

ii)

"

Respondents

are directed to take a decision in term:; of the decision given

by the Tri~unal in O.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, Government decided to file an appeal against the said orders of the CAT before Hon'ble Delhi High C01ll1. Accordingly, an appeal was filed vide W.P. No. 5695/2000 against orders of the CAT. Pending disposal of W.P. No. 5695/2000 in the Delhi High COllrt, 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 COUl1vide their order dated 30.04.2012 of merits.

for devoid

3. The niatter has been accordingly considered by the Government and it has been decided that the entire past service rendered on regular basis by the non-statutory contd ..2/-

canteen employees will be reckoned as "Qualifying Service" for the purpose of calculation of pension in accordance with the relevant provisions contained in CCS (Pension) Rules, 1972 and ·related orders. This admissibility will be subject to the refund of the entire amount received as employers' contribution to the EPF, if any, including interest received by them alongwith interest at the rate applicable to GPF accumulation from time to time as prescribed in Department of Pension and Pensioners Welfare's OM No. 38/34/2001-P&PW (F), dated 29/4/2002 (copy enclosed). The interest will be calculated for the period from the date of receipt of employers'

share of EPF

contribution by the employee to the date of refund to the Government. 4. In view of the abov~, the provisions contained in this Department's Office Memoranda bearing No. ] 2/3/92-Dir (C), dated] 61l ]/92, I61l2/93 and 8111/2000 shall stand modified to the extent of the provisions specified herein above .. 5. The Ministries/Depal1ments are requested to issue instructions to their attached/subordinate offices to take immediate necessary action to settle the cases of the employees afresh who retired/died in harness on or after 1/10/9]. 6.

This issues with ~he approval of Ministry of Finance, Department

U.O. Note No.] (17)/E.Y/2000,

dated 7/1 ]/20]2

of Expenditure

and Ministry of I-Iome Affairs, Home

(Finance) Dy. No. CF 14735I/AFA (F-]), dated 81ll/20]2.

~~ (Pratrm-:tY~gi) Director (Canteens) Tele. No. 24624722

I. 2. 3. 4. 5. 6. 7. 8. 9. . .. .~

II.

All Ministries/Depal1ments to the Govt. ofIndia (as per standard list). Ministry of Finance, Depal1ment of Expenditure, North Block, New Delhi. Ministry of Home Affairs, Home (Finance) Division, NOIth Block, New Delhi. The Comptroller & Auditor General ofIndia.Bhadur Shah Zafar Marg, NewDelhi. Controller General of Defence Accounts, West Block Y, R.K. Puram, New Dellli. All Controller of Accounts in the MiliistrieslDepaltments, New Delhi. The Suprelue Court 6fIndia, New Delhi. The Registrar, Delhi High Court, New Delhi. rd The Director, Department of Pension & Pensioners' Welfare, 3 Floor, Lok ~ Bhavan, Khan Market, New Delhi. .. NIC, DOP&T, Lok Nayak Bhavan is requested to upload this on the website of this Ministry under link Welfare> Canteen> General/recent circulars in subhead Pension, Gratuity and GPF. Hindi version of this OM will follow.

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NO.12/3/92-Dir~C) G.JV8 rn man t a fIn di q Ministry .Jf PersGnnel, P.G. & P3nsions (Daptt. af P~rsann91 & Tr~ining} , -0'-

N8W 0'31 hi,

Implementation employe3s of cqnta3ns/tiffin '3xtansion of

t h '3

16 No v amb 8 r , 1992

of suprameCaurt.Judgemont in c~a9 of nan-statutory dep8rtmentql/cao~Br ,tiV3 rooms loc'lted in Centr:;l Governm8ilt offic"spansiongry qndGPF benefits - M:'\tb"3rs reg;ording.

The undersioned is dir~ct8dto' f~afer'to 0.M.Nw.12/S/91-Dir(C) dqt3d 29th J'"Inuary, 1992 regqr.ding implementation of SurHame t:ourt judgament in case of the employe'1s of non-statutory deprtmant'"l! coop3r~,tive, c3ntgeli/tiffin rOoms loc'''Itad in Central Govt~ offices vida which t~8 employees ofth3 ~b,Jva cantsens/tiffirn rQ3ms registered with Director (C:;nta3ns) were tte"\tsd ~s GOv8l;'nm'3,nt sarv:;nts w.e.f. 1.10.91 8,nd 8xt3nded' all the bsnefits1s -=irs!'J'1ilable to oth'3!' Centrql Governmant em'ploY93s ':If comp"F~bl8 st"tus. As anvisqged in the jadgemant delivered ~n 11.10.91 by thaHori'blj Suprama Court of Indi3 in LJP No.6189-7044qnd 8246~S5 af1983 - C.IC Jhp, ':'i,nd others Vs. Union of Indi8. qnd others. Itw'1s inte'r··>"li3 stat'ed vide the above quoted OM that 3 sap·r3ta cQmmunic~ti~n will follaw with reg~rd to GPF, Pansi.')n, Centr"!l Govt. employ,3GS Gr,'Wp InsuI'"nc'e SchGme atc. Accordingly the instructions on Cantr81 Govt. Empl~Y8~s Group 'Insurance. Scheme h'3s bJ3n issu3d vida this DJp?ttm8nt OM No.12/2/92 Dir(C) d'3tad,28.S.92. ." 2. I~the judgament the Hon~b18 Suprdme Court qrd8red "FoR,THE PURPOSE OF CALCULATION OF PENSION 5~RJICE,FROM THE D~T~ OF INTERLOCUTORYORDER SHALL ,BE CoUNTEO•••••••••••• 1\ Th3 Hon liJl'~ Court h"'ls pqS3ed interlocutory Drder in tha ca'33 on 26.9.83, Accordingly tho qU3sti'Jnof regulating rGtirGmant ,benefits pension ;'tnd provident fundJf th'J c:1nt3an amplJYi38S h'ls b3sn undGt :3xaminc'ltiJn of the Govt. Tha Prasidant 1s now p138sad to dacida that thssa m~y bo ragulatad in th3-m~~ner h3rein3ft3r prascribed:t .: ,(' ._~,~

(A)

~-~----------------

p'iN;SIONP,RY BENEFITS;' (i)fh'b~8 8P!Joint,3d 'In or after 1.10.91 will bacompuls~rilY govarn3d by th3 provisions cont"'linad in the CCS(P:JI1si~n) Rulas, 1972,CCS(Commut':\tiJn of P'msi'JJl)Ru13s 1991 qnd the CCS~Extr3.-ordin:lry P"msi'Jn)Rul::'3s. . (ii) Thos3 qpPJint3d priQr to 1.10.91 '1nd wc:;r3 3 till in sGrvic3 th:~t d'lt'3 wi.ll hqVa3n option(a) ~.3ith3r t,] elGc.t p3nsi'-ln sch'-mL:: und3rte:l,use(.:t),ibr (b)

'In

ba gTv8rn3d by the L:'Jntributory p:rJVidJnc Fund Sch8ma. Th3 ,Jpt.i:::ln will h,V8 to be), ~x;rcis2.dwithin six m-]nths from th3 dat9 of ths issu~ of thas'3 :::lrdJrs in the form :::it ,mn=:lxur3 to thc'3S8 .:Jrd:;ns. Th,3 '1ptiJn 1nC3 ~:3X'3rcis3d will be finql. ThoS8 who d~ not axarciso any option

d stipU1 . •d p •• iad,Willbe djam. to h·V3 opted Rt a iblO in f1VJur :>f' th3p3nsiqn s cnpm '. tuitY Thos. who opt for pansion scham' will' ti 0,150 ,b" clig n fo r ban afi ts of hmil Y ponsi In gn d n / s""m. t 9 r. d3.th gratuity und3r the CCs(p.nsion)RUla , 1972, , ibl

within ,

(ii i)

(iV)

.,tho

,

Thos" who opt fotcCPf S,Cl1omashgll 3150 ba elig ' for rotiramont 9rBtuity/d'~th ~ratuitY .dmissiblo und.r the CCS(P"n bn )RUl ,'1912",. ',TheY will not; . howey 3 r, b. eligible n 3 s Y p gn eas 'f 0 r f,mil ion b ari'efi ts' the .'U da n tirad In th. c.s. of p.,rson •• wtlC>hg ,a ro 26,9,8d dondbatwn an d",10,91, sinca thoy w.Juldhev3 r.n 1'55 thon r 10 ya. Qualifying S3rvicer.ck,n.d fE~m 26.9,83 .n r th.iE will no alig for monthly pansion th.r.fo , rs ibl ndi se,ttlement banafi ts glE,,·,dynt don. und. the tbO .•f retnal1lant ,o.p.rtmantal CBn't3'h' Employ' is (RecEUi tmo ,n d co ti onS ;of ser ic;j)'Ru13S; 1980 promulgat.d vid8 GSRrlNo.n 54, . d~t.d v ,23.12.aQwill t>ot be disturb-d.s n 5imil. yi the ,cose of thosacwho have Eetirod b9tw • 1,10,91 end thO d.te of issue of thas. oE~.i. sinc. thsy would ,lso heY' sion Nn doNd l3ss th.n 10 yaeEs queli f ying sarvi ci3 r 3ck on 3d erom 26.9.8 gn will not b3 eligib18 f·or Nady monthly pan , fi d 3 nt thai r sattiam ' of rati ramo b.ne ts ul done ant undgr tho Oap.Etm9ntol Cont,sns EmplOyo,s(RoCruitm3nt and c,ndi of servic9)Ru13S, 1980 "ill olso not be , tions ..The di s -t;. uf rb .mi(3 d.· li as of tha employ.as who di,';9 while a in s.Evi c, between 1,10.9 and theffite of is.ue of thos ord3ES,.nd (vi) who' aEa alig 1 or. haV- be.n allowed familY pansion. s ible the EPFond'l'liscell.n bon'efi ts und'E v t. of India (as per' standard list). ",\ll Chaurnan of Managing Commi itee of canteen s/ TlffinRo,oms (as per'list a~tached). , ' Ministry of Finance, Department of Expenditure. Ministry of Home Affairs, Home finance Division •

tAll

. CGDA.

R.'K.puram,New

, DG~P &'1.

New Del hi.

0\11 Controllers "Ministry

Delhi.'

of i4ccounts

,

in

of Economic .Affairs,

Ministries/D!partments. Budgetary

Division.

GAG, New Delhi.

Registrar

(Judicial), Supreme Court of India with ref.

to his No.1999 & 19Sa/a3/Sec.X

Department of Pension -

&

of 23.8.93.

Pensioner's "

" _.

Welfare

i..ROFQRMA 1.

-

Name of the Mj.r.1t:t.'rv.l!:'3'Ourlm::nt/ Office

(with

.r,."

."

the rfc : '-:~rr

. .,

~).

2.

Name of

3.

De~ignation

4.

Scale of

o.

canteen where he was working

6••

1 do thereby opt 'for'the pensionary

pay

""~:'7()yee.

and last pay drawn.

benefits •

. (OR) , ·,1 do not opt for the pensionary

benefits.

, 1 'am fully aware that the option once exercised will

be final.

Name and Designation With Parssent

-----

Witnes'ses:

1.

i

of the Employees

Address

Signature, name and Designation 1. I

& fUll postal address.

2.

Sig'nature, iname and ~signation & ~ull postal address.

2.

_

Cbuntersign~d by immediate superior.

Lnapplicable clause to be sCored out. Note: .• , The' employee who was contributing to EPF and now opting for pensionary benefits is required to

refund of ~lployer·s Oonttibution

to EPF for the

period of servlcetaken into account for calculati.ng pensionary benefits incloding interest thereon received by the employee alongwith simple interest @ 6% per annum from th~ date od withdrawal to the

date of refund.

(\b) ~.

GOVERNMENT OF INDIA MINISTRY OF PERSOf..Jt·JEL, PUBLIC GRIEVANCES DEPAR1MENT

OF PENSION AND PENSlbNERS

I

AI..JDPENSIONE WELFARE

NEW DELHI

Subject:

Rate of interest payable on delayed payment of DCRG and rate of interest - chargeable on refund of pensionary benefrtsalready drawn, in connection with counting of past service under CCS (Pension) Rules, 1972 and Department of Pension & Pensioners' Welfare OM No. 28/10/B4-PU dated 29.8.1984 as amended from time to ti~ - reg,

'f

.

In supersession of this Department's OM No. 7/1/93-P&PW(F) dated' 25.8.1994( and 31.10.1995, on the above subject, the undersigned is directed to say that thJ President is now pleased to decide that where the payment af DCRG has been delayed beyond three months from the date of retirement, an interest at the rate applicable to GPF de osits determ' ed from time to time by the ~averninent of India will be paid to re Ired/depenryiants of deceased Government servants . ..e.

2. The administrative Ministries/Departments are requested to comply with the instructions ~ontained in para 2(d) and (e) of this Department's OM No. 38/64/98~&PVV(F) oared 5.10.1999 in the matter of payment of Interest on delayed payment Qf OCRG, fiXing or responSIbIlity and recover the amount from the concerned De-an;;g lmlcial, SupervIsor and Heaa OT officetn proportion of their salary.

e

.

3. The President is also pleased to decide that wherever the employees are required to refund the pensionary benefits received by them for the service already rendered by them ullder the Central or State Government or Autonomous Bodies or in Armed Forces (Military Service), in order to avail of the benefit of counting of past services for pension purposes in terms of the provisions of Rules 17 to 20 of CCS (Pension) Rules, 1972 and Department of P&PW's OM No. 28/10/84-PU dated the 29th August, 1984 as amended from hme to· time, the rate of interest will· be at the rate applicable to GPF deposits determined from time to time by the Government of India, for the period from the date of receipt of pensionary. benefits to date. of their refund to the Governmentf/'\"utonomous Body. . 4.' . In the case of MilitarY pensior,ers re-employed in civil service, the interest will be recovered tor the period from the cate of joining civil service till the date of refund of pensionary benefits to GovernmentlAu1onomous Body. . 5. However, interest calculation in case of refund of pensionary benefits would be as per the method indicated in Annexure-A.

•

,-.~~~':-;' _"j._~~~r ·~;'tl

6, In cases where after the issue of the orders by the competent authority on the basis of option exercised by an employee for counting of past service for pensionarj purposes, if an individual does not deposit the pensionary benefits already received by him within one months the receipt of communication from the GovernmenU Autonomous Body, a penal interest @ 2 per cent per annum will be charged in addition to normal rate of interest mentioned above.

of

7. All the Mi:listries/Departments are requested to advise the attached/subordinate offices/autonomous/statutory bodies under their Administrative control and to settle cases in accordance with the provision at this Office Memorandum. 8. In so far as persons serving in the Indian Audit and Accounts Depa;iment are concerned', these orders issue after consultation with the Comptroller & Auditor General of India. '\

TIJ\».' ( Sujit Datta) Director (PW)

All Ministries/Departments of Government of India ( With usual number of spare copies).

No. 12/9/2000-Dir.(C)

Government of India Iv1inistry of Persormel, Pl1ulic Grievances .and Pensions Department ofPerSOlUl,el& Training

Implementation of the Orders dated 3.12.1999 and 13.1.2000 passed by Han'ble CAT Principal Bench, New Delhi in OA Nos.

572/96 and 2136/98 - Extension of pensionary benefits to the employees of NOll:-Statutory Departmental Canteens - Regarding. The untle;signed is dir~ted

to

refer to this Departmelll's OJTIce

Memoranda No. 12/3/1992 -Dir.(C) dated 16.11.92 and 16:12.1993 which provided for Pensionary and GPF benefits admissible to the non-statutory Depal1mental Canteen employees. These provisions had been appealed against by a section of Canteen eulployees. The Hon'b1e CAT Principal Bench, New Delhi in two such petitions bearing Nos 572/96 and 2136/98 have ordered on

3.12.99 aI\0-13.1.2000 respectively as under:': " The respondents are, therefore, directed to grant the benefits of the entire past service prior to the Applicants having been declared as Govemmept servants for counting towards pensionary benefits" (ii)

Respolloenls are directed to take a decision in terms of the decision giv~n by the Tribunal in a.A No. 572/96 i.e. to take into account the entire past service of the appli~ants for purpose of counting towards pensionary benefits".

"

';.. I Jowever, Government decided to file an appeal against the said orders of the CAT before Hon'ble Delhi High Court. Accordingiy, an appeal has been filed vide W.P. No,· 5695/2000 agaillst orders of the CAT which is pending disposal before the belhi High Courl.

I 3. Pending disposal of the case by the Delhi High Court, it has Ueen decided to implement the directions of the CAT as under:-

':J

.-

\,

.-

"The cntilc past service rendered on regular basis by the non-statutory Departmental Canteen employees will be reckonetl as "Qualifyillg Seryice" for the purpose of calculation of pension in accordance with the relevant provisioIls contained in CCS (Pensions) Rules, 1972 amI rclutctl orders" .4. This orde\ is subject to the filial outcome of the W.P l~u. 5695/2000 filed in the [lon'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 pension/any other bcnefitarising from the implementation of this order will have to be refunded along with the interest at the rate applicable to the GPF accumulation as prescribed in the Department of Pension and Pensioners' Welfare a.M. No. 7/1/93-Dir.(C) P&PW(F) dated 31.10.95 (copy enclosed). An undertaking to this effect shall be obtained from each individual Canteen employee/retired employee by the concerned Ministries/Departments/Offices before implementation ufthis Older.

5. All Ministries/Departments are requested to issue instructions to their attached/subordinate offices to take inunediate action to settle the cases of the employees afresh who retired/died in harness on or aUer 1.10.91 .'.. 6. This Expenditure Pension and 2000 and

issues with the approval of Ministry of Finance, Department of vide I.D. Nu C-129/EV /;WOO dated 31.10. 2000 and Department of Pensioners Welfare vide Dy. No 432/C/2000 dated 1st November, Ministry of Law, Department of Legal' Affairs V.o. Note No.

4000/2009 daled 7.11.2000.

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"

Hindi version of this a.M. will foHow.

Cl (S.M.SAHARIAR) Director (Canteens) Tel~...1'lo.4625818

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Copy (or information and necessary action to: .f:

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I. 2. i

3. 4. 5.

6. 7.

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All Ministries/Departments to the Govenunent of India (as per standard list) Ministry of Finance, Department of Expenditure, North B1oGk, New Delhi. . Ministry of Home Affairs, Home (Finance) Division, North Block, New Delhi. Controller General of Defence Accounts, West Block Y, R.K. Puram, New Delhi. The Director (Welfare),Department of Posts, Dak Bhavall, Sansau Marg, New Delhi. Tothe Director (Welfare), Department of Telecom, Dak I3havll, Sansad Marg,New Delhi. All Controller of Accounts in the Millistries/D~partlllenlS, New Delhi.

8.

Ministry of Econo1uic Affairs, Budgetary Division, New Delhi.

9.

C&AG, 10 Bahadurshah Zafar Marg, New Delhi.

10.

The Registrar, CAT, Principal Bench, Copemicous Marg, New Delhi.

II.

Tire Director. Department of Pension and Pensioners' Welfare, 3TJ Floor, Lok Nayak Bhavalla. New Delhi . . S.O (Canteens), Lok Nayak Bhavan, New Delhi with 500 spare copies.

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