I am a short service commissioned officer, had raised my application of “Fixation of pay” with central government organization.
At present my organisation is providing contributing pension and I am not interested in counting my service (service count) for pension purpose.
I wanted to do my pay is fixed based on provisions contained in the rules ex-servicemen (RE-employed in central civil services and posts) Rule 1979, central civil services (fixation of pay of RE-employed pensioners) order 1986 2(1) (C) and 8 (Clearly mentioned that Emergency Commissioned and Short Service Commissioned officers are eligible for fixation of pay), I am entitled to get the benefits of advanced increments equal to the completed years of service rendered in the armed forces, to the RE-employed post of central govenment organization on the basic pay drawn at the time of discharge from army ignoring provisions of FR 27 4(Vi)
As I am not opting for service count for pension purpose should i need to pay back gratuity amount i have received from Military service ?
Your query does not seem to provide complete information, for example, when you were re-employd in central services after your short service commission, what was the period of break between date of discharge from short sevice commission and re-employment in central services, whether you are referring to Pension Contribution on deputation to central services from your original employment, or pointing out towards your contribution towards New Pension Scheme of the Central Governmnt, etc.
However, prima-facie, it seems you want the benefit of your past service for the purpose of fixation of pay only but without counting your past service towards your pensionable service in the Central Government. The question arises, if you don't want to count your past service, how you can become eligible for the benefit of pay fixation on account of your past service?
Anyhow, the solution to your problem depends mainly on your proper clarification to the points mentioned above.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
The (fixation of pay of RE-employed pensioners) order 1986 rule 8 is special privilge (Clearly mentioned that Emergency Commissioned and Short Service Commissioned officers are eligible for fixation of pay) and in this rule it is not mentioned that need to pay back the pension gratuity.
Could you please let me know what rule applicable for short service commssioned officer released officer for pay fixation in central civil service?
I am released short service commissioned officer completed 5 year service from indian army (from September 1996 to sep 2001) with 3 year pre-commission training sep 1994 - sep 1996.
I have joined the civil service in dec 2005. As per Order 8 of CCS(Fixation of Pay of Re-Employed Pensioners) Orders 1986, I am eligible for pay fixation and would like to know while fixing the pay should my pre-commission training will be included i.e. 5 + 3 ? or only service period
Also as I have joined civil service in dec 2005 and governed by new pension scheme. As per rule 19(1) of CCS(Pension) Rules if I refund the terminial grautity received from past service shall I elgible for counting the past military service and pension covered under old pension scheme ?
Kindly guide nd help me also refer to applicable rules related to this so that I can communicate my case in my department for fixation of pay and counting service for civil pension.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup