You can file a writ petition before High Court if the said department is not resolving the same
Can the salary of an employee fixed as reemployed pensioner if he joined after technical resignation
I was serving ICAR (autonomous org. Under Govt of India). On selection to a university in Bihar for a tenural post I submitted my technical resignation to ICAR which was accepted. In ICAR, I was covered under CCS (Pension) rule 1972. in the university, the post was offered on the basis of NPS. On my request, the university did not agreed for my joining under old pension scheme. Hence I got all pensionery benefits under pension rule 26(2) from ICAR and joined the university under NPS. So my joining was on the basis of technical resignation and with pension. The university has fixed my salary as reemployed pensioner and is deducting my pension from my pay. As per Department of Pension & Pension Welfare, Ministry of Personal Public Grievances & Pension (DOPT), Govt of India vide No 4/5/91-P&PW (D) dated 22/02/1991 my pay is not required to be refixed as reemployed pensioner. Please guide on the issue.
Asked 6 years ago in Labour
11 Answers
My question is whether my salary should be fixed without consideration of my pension which I get because of technical resignation or the fixation of pay by the university as reemployed pensioner is correct/
Asked 6 years ago
It's incorrect
Re-employed pensioner are retired from a Civil or Military post in the Central Govt. and was holding a post not included in/classified as Group 'A' and
Retirement and resignation are different terms, cannot be equated. You were entitle to benefits of TR but since you have withdrawn pension benefits, shall be construed retired and reemployed.
AND
In the case of persons retiring before attaining the age of 55 years and who are reemployed, pension (including pension equivalent of gratuity and other forms of retirement benefits) shall be ignored for initial pay fixation to the following extent:
Yogendra sir, Department of Pension & Pension Welfare, Ministry of Personal Public Grievances & Pension (DOPT), Govt of India vide No 4/5/91-P&PW (D) dated 22/02/1991 states " A govt servant joined an autonomous body on immediate absorption basis are free to negotiate their emolument with the autonomous body and in there case pay is not required to be be refixed as a reemployed pensioner" According to the letter issued by Ministry of Personal Public Grievances & Pension (DOPT), Govt. of India, Vide No. 28016/5/85-Estt.(C), (Annex-7). “immediate absorption means acceptance of resignation of as officer from govt. service to enable him to take up an appointment in Central Public Enterprises for which he has applied with proper permission” ie on technical resignation. I satisfy the condition of technical resignation hence have joined the university on direct absorption. Does my fixation of as reemployed pensioner stand valid in the light of DOPT, Govt of India vide No 4/5/91-P&PW (D) dated 22/02/1991 and DOPT, Govt. of India, Vide No. 28016/5/85-Estt.(C), (Annex-7). I request for your valuable advice.
Asked 6 years ago
Those absorbed in the Central Autonomous Bodies having pension scheme are required to exercise an option either
(i) to receive pro-rata retirement benefits or to
(ii) to continue to have the benefits of combined service under the Government and in the autonomous body subject to the condition laid down in the D/o Personnel & AR’s OM No.28/10/84-PU dated 29.8.84 and 12.9.85.
Yogendra sir, i had exercised option number two which was denied denied by the university (where he joins after technical resignation) on the ground that the offer was for NPS scheme only. was the action of the university appropriate? Also can a university denies CCS pension rule 1972 to a person who before technical resignation was covered under this rule?
Asked 6 years ago
University act is in appropriate, you are entitle to benefits of past services. Have to appraoch Tribunal/HC for relief.
You have expressed your grievances against the incorrect action taken by your current employer with regard to the deduction of pension which is contrary to the existing law and rules in this regard.
Did you make any representation in writing to the employer so far about it through proper channel?
Did you get any reply citing the reasons for not acceding to your representation and the request made therein?
If so, you may take up the matter by filing an application before the CAT (if eligible) or before the high court with a writ petition seeking relief and remedy.
If your technical resignation has been recognised by your current employer and your all other rights are protected as per the rules and prevailing law, then you can fight for your entitlement in this regard too,
Let the court decide about it.
In my opinion, since yours is a technical resignation, all your rights in respect of pay, leave, seniority is protected, thus when all other service conditions are applicable to you in common, you may be eligible for other service benefits also hence in my opinion, the reclassification of your employment status as 'reemployed pensioner' may not be a correct and legally valid employment status, especially in the light of the circulars and the OMs you have referred herein.
You may approach court of law if your representation to the top management do not fetch any favorable result
Since the university is coming under autonomous body, the reemployment rules of such bodies slightly differ to that of the regular government employment.
However you are not restricted to seek clarification, relief and remedy to this through court of law if the management of university do not accede to your request.
It's a fit case for applying writ jurisdiction
If you are taking pension after technical resignation then your pay should be fixed as per re employed pensioner scheme.
