Section 164 in Rajasthan Civil Services (Pension) Rules, 1996
164. Authority competent to fix the pay.
- Competent authorities to whom the powers of re-employing persons have been given will be competent to fix the pay of the retired employees re-employed under them in accordance these Rules provided that the post in which the employee is re-employed already carries a sanctioned scale of pay. Cases in which a scale of pay has not been sanctioned for the post will be referred to the Government in the Finance Department.Clarifications(1)"Pay fixed on re-employment" is the pay fixed before making any adjustment on account of non-ignorable amount of pension. The future increments are to be granted on the basis of pay so fixed.(2)In terms of rule 156, pay for the purpose of grant of allowances shall be the pay fixed on re-employment before adjusting pension.(3)During the period of leave, re-employed pensioners shall draw leave salary based on the pay drawn by them exclusive of the pension.(4)In fixing the initial pay of the re-employed pensioner, the pension equivalent of gratuity shall not be deducted from the pay so fixed.(5)In case of discharge/retirement of service personnel (below Officer rank), information regarding gross retirement benefits shall be obtained from the Records Office concerned and need not to be referred to the Controller of Defence Accounts (Pensions). The information furnished by the Records Office may be treated as authentic. It is, however, open to the competent authority to verify the information furnished by reference to the Pension Certificate issued to the individual.(6)If after re-employment, a re-employed government servant has been granted pension or revised pension, the initial pay or pay from the date of effect of such sanction/revision, shall be refixed in accordance with the rules contained in this Chapter.Government of Rajasthan's Decisions(1)Dearness relief on pension is not payable during the period of reemployment. - According to rule 77, the payment of relief on pension shall be suspended when a Government pensioner is (i) employed/re-employed in a Department/Office of the Central/State Government (ii) employed or re-employed or absorbed permanently in a Central Government or a State Government Company/Corporation/ Undertaking or Autonomous Body or in Nationalized Bank including Reserve Bank of India and the State Bank of India or in a "Local Fund" as defined in clause (n) of sub rule (1) of Rule 3 of R.C.S (Pension) Rules, 1996, etc.Accordingly, no relief on pension should be paid by the pension disbursing authority (including Treasuries, Public Sector Banks entrusted with pension payment work) to the employed/re-employed pensioner (including family pensioner either before or after of pension) during the period of his/her employment or re-employment. After the spell of employment/re-employment ceases, payment of relief will be revived by the same authority (without the intervention of Treasury/Director, Pension Department etc.) For this purpose, every pensioner (including family pensioner) is required to furnish half-yearly, in the months of May and November, a certificate in the prescribed form (see rule 140) about non reemployment, to the pension disbursing authority or facts about his/her status of being employed/re-employed. In the latter case, he/she must furnish particulars of the employment/re-employment, e.g. name of the Central/State Government Department/Office or of the Government Company or Corporation or of the Autonomous Body or a Local Fund, etc. as the case may be. The pensioner should intimate the fact of his taking up/having taken up re-employment to the pension disbursing authority, immediately on doing so without waiting for the month of May or November when the submission of half yearly certificate becomes due.(2)Release of pension of retired Government servant re-employed in bodies other than Government Departments i.e. in Government undertakings, Companies and Corporations. - A question has arisen as to how the payment of pension should be regulated in the case of re-employment of Government servants in Government undertakings, Companies and Corporations when the terms of re-employment have not been settled by the competent authority.It has been decided that the pension of retired Government servants employed in Government Undertakings, Companies and Corporations may be released by the Director, Pension under intimation to the authority competent to sanction re-employment which may regulate the pay on re-employment suitably.The fact of re-employment of a retired Government servant together with the terms of re-employment should invariably and promptly be reported by the organisation concerned to the Director, Pension Department.(3)[ In accordance with the provisions of Rule 77 and GRD No.1 appearing below Rule 164 of Rajasthan Civil Services (Pension) Rules, 1996 and order No.F.1(36)FD(Gr.2)/87 dated 10.8.1998 inforce prior to the date of introduction of aforesaid rules, the payment of Dearness Relief on pension/family pension remains suspended during the period of re-employment/employment and hence it is not payable.It has been brought to the notice of the Government that some of the military pensioners are drawing Dearness Relief on pension during the period of reemployment/ employment in contravention of the provisions of the aforesaid rules.Accordingly all appointing authorities/drawing and disbursing officers are directed to ask the re-employed military pensioner to furnish a certificate of non-drawal of Dearness Relief on pension from the pension payment authorities of military/pension paying branch of the respective Banks. In case some of the military pensioner have actually drawn Dearness Relief on pension, they may be asked to refund the over payment drawn and to furnish a certificate of non-drawal of Dearness Relief on pension since appointment in the Government service.All Drawing and Disbursing Officers shall be required to record a certificate in the salary bill of re-employed military personnel that the certificate of non drawal of Dearness Relief on pension have been obtained from the Pension Payment Officer/Paying Branch of the Bank. This certificate shall invariably be recorded by them in the salary bill for the month of January and June every year. It will be the duty of the respective Treasury Officer to ensure that the requisite certificate has been recorded by the concerned Drawing and Disbursing Officer in the salary bill before they are passed for payment.] [Inserted vide FD Memorandum No.F.15(4)FD(Rules)/98 dated 28.12.1998.](4)[ In accordance with the provisions contained in Rule 77 and GRD No.1 appearing below Rule 164 of Rajasthan Civil Services (Pension) Rules, 1996 and Memorandum of even number dated 28.12.1998, the payment of Dearness Relief on pension remains suspended during the period of re-employment and hence it is not payable.Now, the Government of India have allowed payment of Dearness Relief (D.R.) on pension w.e.f. 18.7.1997 to re-employed Central pensioners whose pay have been fixed at the minimum of the pay scale of the post in which they have been re-employed/ are reemployed.Accordingly, in partial modification of the aforesaid rule/ order, the Governor is pleased to order that Central pensioners, except of group 'A' Officers and Commissioned Officers, who have been allowed minimum of the pay scale on their re-employment in the State Government, may be permitted to draw Dearness Relief on their pension from Government of India. The respective appointing authorities shall issue a certificate indicating the following :-The entire amount of pension sanctioned by the Government of India was ignored in fixation of initial pay on re-employment i.e., no part of pension was taken into account in fixation of pay in the pay scale of the post in which Central pensioner was re-employed. In other words, the initial pay on re-employment was fixed at the minimum of the pay scale of the post.] [Inserted vide FD Memorandum No.F.15(4)FD(Rules)/98 dated 30.9.2000.]
