Clarification on Counting of past service to fix
admissibility in old pension scheme, new pension scheme, pay protection
and leave accumulation to All India Services officers
Consequent upon implementation of NPS from 01.01.2004 DoPT has issued
an OM to fix admissibility and counting of Past Service under OPS and
NPS.
No.25011/6/2014-AIS(II)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
North Block, New Delhi-110001
Dated : 04.11.2015
OFFICE MEMORANDUM
Subject: – Counting of past service fix admissibility in old
pension scheme, new pension scheme, pay protection and leave
accumulation to All India Services officers: clarification regarding.
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I am directed to say that while introducing the New Pension Scheme from 01/01/2004, amendments
to various existing rules including second proviso to Rule l of the All
India Services (Death Cum Retirement Benefits) Rules, 1958 were made
whereby these rules became inapplicable to those appointed to All India
Service and posts from 01/01/2004. The pension of the member of All
India Services appointed on or after 01/01/2004 is regulated by the New Defined
Contribution Pension Scheme (known as the New Pension Scheme), notified
by the Ministry of Finance (Department of Economic Affairs) vide their
Notification No.5/7/2003-ECB2 PR dated 22/12/2003 now rechristened
as National Pension System as per Section 8 of Pension Fund Regulatory
Development Authority Act, 2013. The guidelines for New Pension Scheme in respect of All India Services was issued by this Department vide letter No.25014/14/2001-AIS(II) dated 08/09/2009 in terms of the instruction/guidelines notified by the Ministry of Finance.
2. Therefore, in view of the above new and changed position, this
Department has received references from the State Governments and member
of services for Clarification in regard to counting of past services
for the purpose of pensionary benefits, pay protection and leave
accumulation. The matter has been examined by this Department in
consultation with the Ministry of Finance (Department of Expenditure)
and Department of Pension and Pensioners’ Welfare and has decided as
under: –
(i) The member of All India Services who had been an employee in
pensionable establishment viz. Central/State Governments or autonomous
bodies as on 31/12/2003 and appointed to All India Services on or after
01/01/2004 with proper permission shall be covered under the old
non-contribution pension scheme in terms of Office Memorandum No. 28/30/2004-P&PW(B) dated 28/10/2009,which has been made applicable Mutatis-Mutandis to
members of All India Services by this Department vide letter No.
25014/1/2013-AIS(II) dated 18/3/2013. The pay protection and leave
accumulation arising out of previous service would be admissible as per
relevant rules of respective All India Services (Pay) Rules and All
India Services (Leave) Rules 1955.
(ii) Those under CPF etc will not be allowed entry into the old pension scheme on appointments from 01/01/2004
(iii) The member of All India Services who were appointed to
government service in the central/state governments or autonomous
bodies, whether in a pensionable or non-pensionable establishment, on or
after 01/01/2004 before being appointed to All India Services shall
be governed by the New Pension Scheme. The pay protection and leave
accumulation arising out of their previous service would be admissible
as per the relevant rules of the respective All India Services (Pay)
Rules and All India Services (Leave) Rules, 1955.
(iv) The admissibility of counting of past services for the purpose
of benefits as mentioned at point (i) and (iii) above shall be subject
to continuous service and technical resignation.
3. The State Governments are competent to determine the
past service rendered by the member of service for such benefits as
mentioned above. The service rendered by a member of All India Services
before his appointment to the service under the Central Government or a
State Government will count as continuous service for the said benefits
subject to the fulfilment of the specific conditions provided in the All
India Services (Leave) Rules, 1955 and the respective All India
Services (Pay) Rules. Approval of the Central Government is not
necessary for counting the previous service for such benefits. In such
cases the Government of the State on whose cadre the member of service
is borne/the Accountant General concerned, will have to take necessary
action in consultation with the Central Department or the State
Government, if the officer had worked under the Central Government or
another State Government, as the case may before joining the All India
Services, to count such service as qualifying service for the aforesaid
benefit. If any clarification is required or condonation of break in
service is involved, a reference may be set to the Department of
Personnel and Training in the case of members of the Indian
Administrative Services, the Police Division of the Ministry of Home
Affairs in the case of Indian Police Service and the Ministry of
Environment, Forest and Climate Change in the case of members of Indian
Forest Service.
(Rajiv Jain)
Under Secretary to the Government of India