Sir,
I worked as Junior Engineer (C) [confirmed in grade] & was PROMOTED and CONTINUED as Assistant Engineer on TEMPORARY basis [14 years] and my salary drawn from different construction and maintenance works.
Please Advise that being on NON SUBSTANTIATIVE POST ENTITLES me or NOT to get Pension at the LAST SALARY as per CCS (Pension) Rules, 1972 [ there is NO DISTINCTION between PERMANANT and TEMPORARY employees in the APPLICATION of PENSION RULES].
The department has treated me as WORK CHARGED Assistant Engineer and my PENSION has been fixed on the pay increased the TIME SCALE of JE (C). However, I had been paid the salary and Arrears of Vth Pay Commission according to the salary drawn.
Following facts are from record for your kind perusal:-
1. I joined as JE (C) in 1976, confirmed as JE (C) in 1978 in the Entry Grade.
2. After 8 years I got PROMOTION on TEMPORARY basis as AE (C) in July 1984 [Pay scale 650-30-740-35-810-EB-35-880-40-1000-EB-40-1200].
3. I switched to GPF instead of CPF w.e.f 23 Apr 1986 and thus entitled for pension.
4. Rationalized scale of pay of Rs 700-40-1100-50-1600 effective from 12/11/1984 with date of next increment as 12-11-1985.
5. Above scale was replaced with Rs 2200-4000 w.e.f. 1-1-1986 and Pay was fixed at Rs 2200 with date of next increment as 1-11-1986.
6. Senior Scale of Pay of Rs 3000-100-3500-125-5000 to Group A Officers was granted w.e.f 12-11-1992 vide no letter dated 23Dec 1996 and my Pay was fixed at Rs 3000/- as on 12-11-92 with next date of Increment on 12-11-1993.
7. Periodical Increment certificate issued by University Engineer dated 1/1/97 confirming Pay of Rs 3300 on 12/11/95 and Rs 3400 on 12/11/96.
8. I CONTINOUSLY served for 14 YEARS as AE (C) till I opted for VRS ON MY REQUEST on Medical Grounds and it was accepted vide no Estab III/Engg/PF-9/97/43484dated 19 Dec 1997 and VRS effective from 28-02-1998.
9. The Last Pay drawn was at Rs 3500/- [after increment on 12-11-1997] in Old scale.
10. At the time of VRS as AE (C) in 1998, I had completed CONTINOUS service in DU for 22 years [8years as JE (C) plus 14 Years as AE (C)].
11. After implementation of 5th Pay Commission, vide o/o no 69 dated 8-1-1999 my Pay was correctly fixed at Rs 10325/- as on 1.11.1996 in the Pay Scale Rs 10000-325-15200 (Personnel) BUT I had been designated as Assistant Engineer (work Charged). This category does not exist since my joining as JE(C).
12. Periodical Increment Certificate issued by University Engineer dated 22.1.1999 [After Implementing 5th Pay Commission] indicates Pay of Rs 10325 on 1-1-1996, and Rs 10650 on 1-11-1996, and Rs 10975 on 1-11-1997 [i.e. the Last Pay Drawn before VRS.
13. As per the RTI reply received from Delhi University on 10th Jan 2018, that the arrears of pay on account of 5th pay commission had been paid to me on 10-4-199 as per the Pay fixed above.
14. However, University is not ready to revise the Pension as per the last salary drawn. Instead D U derived the last salary in the Time Scale of JE(C) and fixed in 5th pay commission scale and derived at Rs 9650/-.
Please Advice.
I am a Senior Citizen of 74 years of age with severe disability.
[K.K.Garg]
Asst Engineer (C) [Retd.]
Pitam Pura Delhi-110034 M- 9891865857
Date: 25/03/2018
