Re-employed Ex-servicemen Fixation

Establishment – Ex-Military Personnel – Non-Commissioned Officers –              Re-employed Ex-servicemen irrespective of rank – Fixation of pay on their appointment to Civil Posts – Orders – Issued.

G.O. Ms. No. 95                                                                            Dated 03-04-2012
                                                                                                          Read the following:

1.    Circular Memo. No.20659-C/334/TA/80, Fin. & Plg. (FW.TA)
Dept., dt. 5-9-1980.
2.    G.O. Ms. No. 257, Fin. & Plg. (FW.Pen.I) dept., dt. 2-9-1983
3.    G.O. Ms. No. 67,  Fin. & Plg. (FW.FR.II) Dept., dt. 20-3-1986
4.    G.O. Ms. No. 223, Fin. & Plg. (FW.Pen.I) Dept., dt. 19-7-1986.
5.    Lr. Rc. No. STO.D/511/2009, dt. 4-2-2009 of the Deputy
Director, Dist. Treasury Office, Chittoor addressed to the Dist.
Educational Officer, Chittoor.
6.    Lr. Rc. No. 860/D2-1/2008, dt. 19-2-2008 of the Director of
School Education, A.P., Hyderabad.
O R D E R:
            In the circular Memo. 1st read above, clarification was issued regarding pay fixation of the military personnel on their re-employment in civil posts.

2.         In the G.O. 2nd read above, orders were issued for ignoring the actual pension and pension equivalent of gratuity not exceeding Rs.250/- p.m. and the first Rs.250/- of the pension and pension equivalent of gratuity in other cases, on fixation of pay of Military personnel who retired from service before attaining the age of 55 years and were re-employed in civil posts.

3.         In the G.O. 3rd read above, keeping in view the guidelines of Govt. of India, orders were issued  in respect of Emergency Commissioned and Short Service Commissioned Officers, by making necessary provisions in the A.P. Fundamental Rules to the effect that the Commissioned Officer who joined pre-commissioned Training or were commissioned after 10-1-1968 consequent on their appointment to the various civil posts, shall be granted advance increments equal to the completed years of service rendered by them in Armed Forces on a basic pay (inclusive of deferred pay, but excluding other emoluments) equal to or higher than the minimum of the scale attached to the civil Post. The pay so arrived at should not however exceed the basic pay (including the deferred pay but excluding other emoluments) last drawn by them in the Armed Forces.

4.         In the G.O. 4th read above, Government issued orders to the effect that the pay of Military Personnel who have retired from Military service before attaining 55 years of age on their re-employment in civil posts, shall be fixed ignoring the pension, in respect of Group ‘A” position, the first Rs.500/- of pension and in respect of personnel below commissioned Officer’s rank and Officers holding group ‘B’ or lower posts in civilian side at the time of retirement, their entire pension. 

5.         The Director of School Education, Hyderabad in his letter 6th read above, addressed the Government on the request of D.E.O., Chittoor, stating that Sri K.R. Jacamar Babu and 11 others who were Non-Commissioned Officers in Military service and who were retired prior to attaining the age of 58 years were re-employed and were appointed as Secondary Grade Teachers in Chittoor District.   When, their pay fixation bills were sent to Treasury, the Dist. Treasury, Chittoor have sought a clarification on the Govt. Circular Memo. 1st read above and pointed out that there were no orders in respect of re-employed military personnel for adding number of annual grade increments equal to the number of years of service rendered by them in Army.

6.         According to Sub-Rule 15 under FR.19;
            “15) Re-employed pensioners who are in receipt of superannuation or retiring pensions, and are re-employed temporarily for specific periods should not be given the benefit of revised scales of pay.  Their pay and pension should not together exceed the pay last drawn by them while in service.  This rule will not, however, apply to persons, who retired on compensation or invalid pension long before they attained the age of 58 years as unfit for service in a particular post or department and Ex-Military Personnel who are subsequently re-employed on a permanent footing on a different post or department…….”

7.         Government have examined the matter carefully and  has observed that as the orders issued in G.O. 3rd read above are applicable only to the Emergency Commissioned Officers and Short Service Commissioned Officers in the Military and hence, it shows discrimination among other Ex-military personnel i.e., Non-Commissioned Officers who were re-employed in civil posts subsequently.

8.         Therefore, Government, after careful examination of the matter, hereby order to extend the orders issued in G.O. 3rd read above to all re-employed Ex-servicemen, irrespective of their rank in Military service.
9.         The case of Sri K.R. Jawahar Babu and 11 others working as Secondary Grade Teachers in Chittoor District, whose pay fixation is pending in audit at Dist. treasury, Chittoor shall be considered and admitted into audit as per these orders.  The cases already settled need not be reopened.

                                                                      Dr. D.SAMBASIVA RAO,
                                                PRINCIPAL SECRETARY TO GOVERNMENT (FP)

All Departments of Secretariat.
The Accountant General, A.P., Hyderabad.
The Director of Treasuries & Accounts, Hyderabad.
The Pay and Accounts Officer, Hyderabad.
The Director of State Audit, A.P., Hyderabad.
The Director of School Education, Hyderabad.
The Dist. Educational Officer, Chittoor.
The Deputy Director, Dist. Treasury, Chittoor.

                                    //FORWARDED::BY ORDER//

                                                                                                SECTION OFFICER

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