Extension of the revised orders on encashment of Earned Leave and Half Pay Leave to industrial employees.

No. 12012/3/2009-Estt.(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

New Delhi, Dated the 28th December 2012

OFFICE MEMORANDUM

Subject: Extension of the revised orders on encashment of Earned Leave and Half Pay Leave to industrial employees.

The undersigned is directed to state that the matter regarding extension of revised orders on encashment of Earned Leave and Half Pay Leave lo industrial employees at par with the non industrial Central Government employees covered by the CCS (Leave) Rules. 1972 has been under consideration of this Department. It has been decided in consultation with the Ministry of Finance (Department of Expenditure) to extend the provision of this Department’s OM No.14028/3/2008-Estt (L) dated 25th September 2008, mutatis mutandis to industrial employees of Ministries/Department other than Railways.

Accordingly, industrial employees shall be entitled to encash both Earned Leave and Half Pay leave, subject to overall limit of 300. Cash equivalent payable for Learned Leave shall continue unchanged. However, cash equivalent payable for half Pay Leave shall be equal to leave salary admissible for Half Pay Leave plus Dearness Allowance admissible on the leave salary without any reduction being made on account of pension and pension equivalent of other retirement benefit payable. To make up for the short fall in Earned Leave, no commutation of Half Leave shall be allowed. This Department’s OM No. 14028/25/94-Estt.(L) dated 7th October, 1996, stands amended to this extent.

2.These order shall take effect from the date of 07.11.2006, the date from which accumulation and encashment of 300 days EL were allowed to them and subject to the following conditions :-

(i) The benefit will be admissible in respect of past cases i.e. relating to period w.e.f. 07.11.2006 to till date, on receipt of applications to that effect from the pensioner concerned by the Administrative Ministry concerned.

(ii) In respect of retirees (retired after 07.11.2006), who have already received encashment of earned leave of maximum limit of 300 days together with encashment of HPL, standing at their credit on the date of retirement, such cases need not he reopened. However, such cases of Government servant considered as industrial employees retiring after 07.11.2006, in which there was a shortfall in reaching the maximum limit of 300 days can he reopened.

3. Hindi version will follow.

sd/-
(Vibha G.Mishra)
Director

Pensionary benefits to the employees of Non-Statutory Departmental Canteens–Reg.

No.12/4/97-Dir (C) (Vol.II)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

3rd Floor, Lok Nayak Bhawan,
Khan Market, North Block, New Delhi,
dated the 26.11.2012

OFFICE MEMORANDUM

Subject: Implementation of the Order dated 30.4.12 passed by the Hon’ble Delhi High Court in W.P. (Civil) No.5695/2000 – Pensionary benefits to the employees of Non-Statutory Departmental Canteens – Regarding.

The undersigned is directed to refer to this Department’s Office Memoranda Nos.12/3/92-Dir (C), dated 16.11.92 and 16.12.93 (copies enclosed) which provided for Pensionary and GPF benefits admissible to the Non-Statutory Departmental Canteen employees. These provisions had been against by a section of canteen employees. The Hon’ble CAT, Prinicipal Bench, New Delhi in two such petitions bearing 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 for counting towards pensionary benefits"

ii) "………Respondents are directed to take a decision in terms of the decision given by the Tribunal 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 High Court. Accordingly, an appeal was filed vide W.P. No.5695/2000 against of the CAT. Pending disposal of W.P.No.5695/2000 in the Delhi High Court, 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 High Court vide their order dated 30.04.2012 for devoid of merits.

3. The matter 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 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 above, the provisions contained in this Department’s Office Memoranda bearing No.12/3/92-Dir (C), dated 16/11/92, 16/12/93 and 8/11/2000 shall stand modified to the extent of the provisions specified herein above.

5. The Ministries/Departments are requested to issue instructions to their attached/subordinate offices to take immediate necessary action to settle the cases of the employees afresh woh retired/died in harness on or after 1/10/91.

6. This issues with the approval of Ministry of Finance, Department of Expenditure U.O. Note No.1(17)/E.V/2000, dated 7/11/2012 and Ministry of Home Affairs, Home (Finance) Dy. No.CF 147351/AFA (F-1), dated 8/11/2012.

7. Hindi version of this will follow.

sd/-
(Pratima Tyagi)
Director (Canteens)