No. 57/04/2019-P&PVW/(B)
Government of India
Department of Pension and PW
Government of India
Department of Pension and PW
Lok Nayak Bhawan, Khan Market,
New Delhi, the 17 February, 2020
New Delhi, the 17 February, 2020
OFFICE MEMORANDUM
Subject: Coverage under Central Civil Services (Pension) Rules, 1972, in
place of National Pension System, of those Central Government employees whose
selection for appointment was finalized before 01.01.2004 but who joined
Government service on or after 01.01.2004.
The undersigned is directed to say that consequent on introduction of
National Pension System (NPS) vide Ministry of Finance (Department of Economic
Affairs) Notification No. 5/7/2003-ECB & PR dated 22.12.2003, all
Government servants
appointed on or after 01.01.2004 to the posts in the Central Government service (except armed forces) are mandatorily covered under the said scheme. The Central Civil Services (Pension) Rules, 1972 and other connected rules were also amended vide Notification dated 30.12.2003 and, after the said amendment, those rules are not applicable to the Government servants appointed to Government service after 31.12.2003.
appointed on or after 01.01.2004 to the posts in the Central Government service (except armed forces) are mandatorily covered under the said scheme. The Central Civil Services (Pension) Rules, 1972 and other connected rules were also amended vide Notification dated 30.12.2003 and, after the said amendment, those rules are not applicable to the Government servants appointed to Government service after 31.12.2003.
2. Representations have been received in this Department from the
Government servants appointed on or after 1.1.2004 requesting for the benefit
of the pension scheme under Central Civil Services (Pension) Rules, 1972 on the
ground that their appointment was delayed on account of administrative reasons
or lapses. Similar references have been received from Ministries/Departments
seeking advice of this Department on the question whether the Government
servants who were appointed on or after 1.1.2004 could also be extended the
benefit of pension scheme under CCS (Pension) Rules, if their appointment was
delayed beyond 31.12.2003 on account of administrative reasons and the delay in
appointment was beyond the control of the said Government servants.
3. From the representations of the Government employees and the
references received from Ministries/Departments, it has been observed that in
many of the cases referred to this Department, selection process (including
written examination, interview and declaration of result) for recruitment had
been completed before 01.01.2004 but the employee joined the Government service
on or after 01.01.2004. A few illustrations where the selection was finalized
before 01.01.2004 but actual joining took place on or after 01.01.2004 are as
under:
(i) The result for recruitment was declared before 01.01.2004 but the
offer of appointment and actual joining of the Government servant was delayed
on account of police verification, medical examination etc.;
(ii) Some of the candidates selected through a common selection process
were issued offers of appointments and were also appointed before 01.01.2004
whereas the offers of appointment to other selected candidates were issued on
or after 1.1.2004 due to administrative reasons/constraints including pending
Court/CAT cases.
(iii) Candidates selected before 01.01.2004 through a common competitive
examination were allocated to different Departments/organization. While
recruitment process was completed by some Department(s) / organizations on or
before 31.12.2003 in respect of one or more candidates, the offers of
appointment to the candidates allocated to the other Departments / organization
were issued on or after 01.01.2004.
(iv) Offers of appointment to selected candidates were made before
01.01.2004 with a direction to join on or after 01.01.2004.
(v) Offers of appointment were issued to selected candidates before
01.01.2004, and many/most candidates joined service before 01.01.2004. However,
some candidate(s) were allowed extension of joining time and they joined
service on or after 01.01.2004. However, their seniority was either unaffected
or was depressed in the same batch or to a subsequent batch, the result for
which subsequent batch was declared before 01.01.2004.
(vi) The result for recruitment was declared before 01.01.2004 but one
or more candidates were declared disqualified on the grounds of medical fitness
or verification of character and antecedents, caste or income certificates.
Subsequently, on review, they were found fit for appointment and were issued
offers of appointment on or after 01.01.2004.
In all the above illustrative cases, since the result for recruitment
was declared before 01.01.2004, denial of the benefit of pension under CCS
(Pension) Rules, 1972 to the affected Government servants is not considered
justified.
4. The matter has been examined in consultation with the Department of
Personnel & Training, Department of Expenditure and Department of Legal
Affairs in the light of the various representations/references and decisions of
the Courts in this regard. It has been decided that in all cases where the
results for recruitment were declared before 01.01.2004 against vacancies
occurring on or before 31.12.2003, the candidates declared successful for
recruitment shall be eligible for coverage under the CCS(Pension) Rules, 1972.
Accordingly, such Government servants who were declared successful for
recruitment in the results declared on or before 31.12.2003 against vacancies
occurring before 01.01.2004 and are covered under the National Pension System
on joining service on or after 01.01.2004, may be given a one-time
option to be covered under the CCS(Pension) Rules, 1972. This option
may be exercised by the concerned Government servants latest by
31.05.2020.
5. Those Government servants who are eligible to exercise option in
accordance with para-4 above, but who do not exercise this option by the
stipulated date, shall continue to be covered by the National Pension system.
6. The option once exercised shall be final.
7. It is clarified, that the above option would be available to only
those Government servants who were declared successful for recruitment before
01.01.2004, against vacancies pertaining to the period prior to that date. This
option shall, however, not be available to the Government servants appointed on
or after 01.01.2004 if they fall in any of the following categories:
(i) Government servants whose names were included in a panel of selected
candidates before 01.01.2004 for recruitment against vacancies occurring on or
after 01.01.2004 and were, accordingly, recruited on or after 01.01.2004.
(ii) A Government servant whose name was included in a panel of selected
candidates prepared before 01.01.2004 for vacancies arising before and after
01.01.2004 but was actually appointed after 31.12.2003 against a vacancy
arising on or after 01.01.2004.
(iii) Government servants who were selected against vacancies pertaining
to the period prior to 01.01.2004 on the basis of an advertisement/notification
issued before 01.01.2004 or a written examination/interview held before
01.01.2004 but results for recruitment were declared on or after 01.01.2004.
(iv) Government servants who joined on or after 01.01.2004 after they
were granted extension of joining time on their own request and, in accordance
with the instructions issued by the Department of Personnel & Training,
their seniority was depressed on account of such extension of joining time to a
batch for which the result for recruitment was declared on or after 01.01.2004.
8. The matter regarding coverage under the CCS (Pension) Rules, 1972
based on the option exercised by the Government servant shall be placed before
the appointing authority for consideration in accordance with these
instructions. In case the Government servant fulfils the conditions for
coverage under the CCS (Pension) Rules, 1972, in accordance with these
instructions, necessary order in this regard shall be issued latest by 30
September, 2020. The NPS account of such Government servants shall,
consequently, be closed w.e.f. 01st November, 2020.
9. The Government servants who exercise option to switch over to the
pension scheme under CCS (Pension) Rules, 1972, shall be required to subscribe
to the General Provident Fund (GPF). Regarding accountal of the corpus in the
NPS account of the Government servant, Controller General of Accounts (CGA) has
furnished the following clarification vide letter No. 1(7)(2)/2010/cla./TA
III/390 dated 14.11.2019:
i. Adjustment of Employees’ contribution in Accounts: Amount
may be credited to individual’s GPF account and the account may be recasted
permitting up-to-date interest (Authority-FR-16 &Rule 11 of GPF Rules).
ii. Adjustment of Government contribution under NPS in Accounts:
To be accounted for as (-) Dr. to object head 70 – Deduct Recoveries under
Major Head 2071 – Pension and other Retirement benefit – Minor Head 911- Deduct
Recoveries of overpayment (GAR 35 and para 3.10 of List of Major and Minor
Heads of Accounts).
Recoveries of overpayment (GAR 35 and para 3.10 of List of Major and Minor
Heads of Accounts).
iii. Adjustment of increased value of subscription on account of
appreciation of investments — May be accounted for by crediting the
amount to Govt. account under M.H. 0071- Contribution towards Pension and Other
Retirements Benefits 800- Other Receipts ( Note under the above Head in LMMHA).
10. All Ministries/Departments are requested to give wide
publicity to these orders. The cases of those Government
servants who fulfil the conditions mentioned in this O.M. and who exercise
option to switch over to the pension scheme under CCS (Pension) Rules may be
settled by the administrative Ministries/Departments in accordance with these
orders.
11. These orders issue with the concurrence of Ministry of Finance,
Department of Expenditure, vide their |.D. Note No. 1(7) EV/2019 dated
08.01.2020.
12. In their application to the employees of Indian Audit and Accounts
Department, these orders are issued after consultation with Comptroller and
Auditor General of India, as mandated under Article 148(5) of the Constitution.
13. Hindi version will follow.
(Ruchir Mittal)
Deputy Secretary to the Government of India
Deputy Secretary to the Government of India
Share this article :
Share
