'Most Immediate

No. 12/4/97-Dir (C) (YoU!)• G6vernmentofIndia'

Ministry of Personnel &'Public Grievances & Pensionspepartment of Personnel & Train ing

3rd Floor, Lok Nayak Bhavan,Khan Market, New Delhi.

dated the 26/11/2012.

Subject: - Implementation of the Order dated 30.4.12 passed by the Hon 'ble DelhiHigh Court in W.P. (Civil) No. 569512000 - Pensionary benefits to theemployees of Non-Statutory Departmental Canteens ~ Regarding.

The undersigned is directed to refer to this DepaJ1mel~t's Office MemorandaNos. 12/3/92-Dir (C), dated 16.11.92 and 16.12.93 (copj~s enclosed) which provided forPensionary and GPF benefits admissible to the Non-Statuto;-y Departmental Canteenemployees. These provisions had been appealed against by a section of canteenemployees. The Hon'ble CAT, Principal Bench, New Delhi in two sllch petitions bearin~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 entirepast service prior to the Applicants having been declared as GovernmentServants (or counting towards pensionary benefits"

ii) " Respondents are directed to take a decision in term:; of the decision givenby the Tri~unal in O.A. No. 572/96 i.e. to take into account the entire past serviceof the applicants for purpose of counting towards pensionary benefits".

2. However, Government decided to file an appeal against the said orders of theCAT before Hon'ble Delhi High C01ll1. Accordingly, an appeal was filed vide W.P. No.5695/2000 against orders of the CAT. Pending disposal of W.P. No. 5695/2000 in theDelhi High COllrt, it was decided to implement the CAT's Order dated 3.12. 99 vide OMNo. 12/9/2000-Dir (C), dated 8.11.2000. Now, W.P. (C) No. 5695/2000 has beendismissed by the Hon'ble Delhi High COUl1vide their order dated 30.04.2012 for devoidof merits.

3. The niatter has been accordingly considered by the Government and it has beendecided that the entire past service rendered on regular basis by the non-statutory

contd ..2/-

~~(Pratrm-:tY~gi)

Director (Canteens)Tele. No. 24624722

canteen employees will be reckoned as "Qualifying Service" for the purpose ofcalculation of pension in accordance with the relevant provisions contained in CCS(Pension) Rules, 1972 and ·related orders. This admissibility will be subject to therefund 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 GPFaccumulation from time to time as prescribed in Department of Pension and PensionersWelfare's OM No. 38/34/2001-P&PW (F), dated 29/4/2002 (copy enclosed). The interestwill be calculated for the period from the date of receipt of employers' share of EPFcontribution by the employee to the date of refund to the Government.

4. In view of the abov~, the provisions contained in this Department's OfficeMemoranda bearing No. ]2/3/92-Dir (C), dated] 61l ]/92, I61l2/93 and 8111/2000 shallstand modified to the extent of the provisions specified herein above ..

5. The Ministries/Depal1ments are requested to issue instructions to theirattached/subordinate offices to take immediate necessary action to settle the cases of theemployees afresh who retired/died in harness on or after 1/10/9].

6. This issues with ~he approval of Ministry of Finance, Department of ExpenditureU.O. Note No.] (17)/E.Y/2000, dated 7/1 ]/20]2 and Ministry of I-Iome Affairs, Home(Finance) Dy. No. CF 14735I/AFA (F-]), dated 81ll/20]2.

I. All Ministries/Depal1ments to the Govt. ofIndia (as per standard list).2. Ministry of Finance, Depal1ment of Expenditure, North Block, New Delhi.3. Ministry of Home Affairs, Home (Finance) Division, NOIth Block, New Delhi.4. The Comptroller & Auditor General ofIndia.Bhadur Shah Zafar Marg, NewDelhi.5. Controller General of Defence Accounts, West Block Y, R.K. Puram, New Dellli.6. All Controller of Accounts in the MiliistrieslDepaltments, New Delhi.7. The Suprelue Court 6fIndia, New Delhi.8. The Registrar, Delhi High Court, New Delhi.9. The Director, Department of Pension & Pensioners' Welfare, 3

rdFloor, Lok

. .. ~ Bhavan, Khan Market, New Delhi. ...~ NIC, DOP&T, Lok Nayak Bhavan is requested to upload this on the website of

this Ministry under link Welfare> Canteen> General/recent circulars in sub-head Pension, Gratuity and GPF.

II. Hindi version of this OM will follow.

~//1/ I M.iI'IEDI;TE-...•...,..- ..•......--,....-NO.12/3/92-Dir~C)

G.JV8 rn man t a fIn di qMinistry .Jf PersGnnel, P.G. & P3nsions

(Daptt. af P~rsann91 & Tr~ining} ,-0'-

N8W 0'31hi, t h '3 16 No v amb 8 r , 1992

Implementation of suprameCaurt.Judgemont in c~a9 ofemploye3s of nan-statutory dep8rtmentql/cao~Br ,tiV3cqnta3ns/tiffin rooms loc'lted in Centr:;l Governm8ilt offic"s-'3xtansion of pansiongry qndGPF benefits - M:'\tb"3rs reg;ording.

The undersioned is dir~ct8dto' f~afer'to 0.M.Nw.12/S/91-Dir(C)dqt3d 29th J'"Inuary, 1992 regqr.ding implementation of SurHame t:ourt

judgament in case of the employe'1s of non-statutory deprtmant'"l!coop3r~,tive, c3ntgeli/tiffin rOoms loc'''Itad in Central Govt~ officesvida which t~8 employees ofth3 ~b,Jva cantsens/tiffirn rQ3ms regi-stered with Director (C:;nta3ns) were tte"\tsd ~s GOv8l;'nm'3,nt sarv:;ntsw.e.f. 1.10.91 8,nd 8xt3nded' all the bsnefits1s -=irs!'J'1ilable tooth'3!' Centrql Governmant em'ploY93s ':If comp"F~bl8 st"tus. As anvisqgedin the jadgemant delivered ~n 11.10.91 by thaHori'blj Suprama Courtof Indi3 in LJP No.6189-7044qnd 8246~S5 af1983 - C.IC Jhp, ':'i,nd othersVs. Union of Indi8. qnd others. Itw'1s inte'r··>"li3 stat'ed vide theabove quoted OM that 3 sap·r3ta cQmmunic~ti~n will follaw with reg~rdto GPF, Pansi.')n, Centr"!l Govt. employ,3GS Gr,'Wp InsuI'"nc'e SchGmeatc. Accordingly the instructions on Cantr81 Govt. Empl~Y8~s Group'Insurance. Scheme h'3s bJ3n issu3d vida this DJp?ttm8nt OMNo.12/2/92Dir(C) d'3tad,28.S.92. ." -

2. I~the judgament the Hon~b18 Suprdme Court qrd8red "FoR,THEPURPOSE OF CALCULATION OF PENSION 5~RJICE,FROM THE D~T~ OF INTER-LOCUTORYORDER SHALL ,BE CoUNTEO•••••••••••• 1\ Th3 Hon liJl'~ Court h"'lspqS3ed interlocutory Drder in tha ca'33 on 26.9.83, Accordinglytho qU3sti'Jnof regulating rGtirGmant ,benefits pension ;'tnd providentfundJf th'J c:1nt3an amplJYi38S h'ls b3sn undGt :3xaminc'ltiJn of the Govt.Tha Prasidant 1s now p138sad to dacida that thssa m~y bo ragulatadin th3-m~~ner h3rein3ft3r prascribed:-

t .: ,(' ._~,~

(A) p'iN;SIONP,RY BENEFITS;'~-~----------------(i)fh'b~8 8P!Joint,3d 'In or after 1.10.91 will bacompuls~rilYgovarn3d by th3 provisions cont"'linad in the CCS(P:JI1si~n)Rulas, 1972,CCS(Commut':\tiJn of P'msi'JJl)Ru13s 1991 qndthe CCS~Extr3.-ordin:lry P"msi'Jn)Rul::'3s. .

(ii) Thos3 qpPJint3d priQr to 1.10.91 '1nd wc:;r3 3 till in sGrvic3 'Inth:~t d'lt'3 wi.ll hqVa3n option-(a) ~.3ith3r t,] elGc.t p3nsi'-ln sch'-mL:: und3rte:l,use(.:t),ibr(b) ba gTv8rn3d by the L:'Jntributory p:rJVidJnc Fund Sch8ma.

Th3 ,Jpt.i:::ln will h,V8 to be), ~x;rcis2.dwithin six m-]nthsfrom th3 dat9 of ths issu~ of thas'3 :::lrdJrs in the form:::it ,mn=:lxur3 to thc'3S8 .:Jrd:;ns. Th,3 '1ptiJn 1nC3 ~:3X'3rcis3dwill be finql. ThoS8 who d~ not axarciso any option

(ii i)

(iV)

.,, . ,within tho stipU1Rt•d p •• iad,Willbe djam.

dto h·V3 opted

in f1VJur :>f' th3p3nsiqn s cnpma

'.Thos. who opt for pansion scham' will' 0,150 ,b" clig

iblO

fo r ban afi ts of hmil Y ponsi In gn d nti

""m.n

t 9 r.

tuitY

/d3.th gratuity und3r the CCs(p.nsion)RUla

s, 1972, ,

Thos" who opt fotcCPf S,Cl1omashgll 3150 ba eligibl

' forrotiramont 9rBtuity/d'~th ~ratuitY .dmissiblo und.r theCCS(P"n

sbn )RUl

as,'1912",. ',TheY will not; .howey 3r, b. eligible

'f 0 r f,mil Y pgne ion b ari'efi ts' the .'Un

dar. ,In th. c.s. of p.,rson •• wtlC>hg ,a rotirad batwn

n26,9,8

3

an d",10,91, sinca thoy w.Juldhev3 r.n

dond1'55 thon

10 ya.rs

Qualifying S3rvicer.ck,n.d fE~m 26.9,83 .nd

will notbO

aligibl

- for monthly pansion th.r.for, th.iE

se,ttlement .•f retnal1lant banafi ts glE,,·,dy don. und.r

the,o.p.rtmantal CBn't3'h' Employ' is (RecEUi tmo

nt,n d co

nditi onS

;of servic;j)'Ru13S; 1980 promulgat.d vid8 GSR No. 54,

. d~t.d ,23.12.aQwill t>ot be disturb-d. 5imil.rl

yin

the,cose of thosacwho have Eetirod b9tws•n 1,10,91 end thOd.te of issue of thas. oE~.i. sinc. thsy would ,lso heY'Nn doNd l3ss th.n 10 yaeEs queli f ying sarvi ci3 r 3ck on 3derom 26.9.8

3gn

dwill not b3 eligib18 f·or monthly pan

sion,

thai r sattiamant' of rati ramont b.ne

fits ul

Nadydone

undgr tho Oap.Etm9ntol Cont,sns EmplOyo,s(RoCruitm3ntand c,ndi

tionsof servic9)Ru13S, 1980 "ill olso not be

. di s -t;. u rb (3 d.·, .

.The f .mi li as of tha employ.as who di,';9 while in s.Evi c,between 1,10.9

1and theffite of is.ue of thos

aord3ES,.nd

who' aEa aligible

or. haV- be.n allowed familY pansion.bon'efi ts und'E the EPFond'l'liscell.n

";~' \':1..t/II The ·r.>mount stC'lnding th3 EPF account as on 30.9.83

r8pr:es8nt~ng t.he employer's conbribution and the employeescontribution, shall remain in the EPF account bein.gop3rat8d by t.h:'J ChicfPrdvident Fund Commissioner andpaid ·~o the employ8os as and when they retire fromGov'3rnmont sorvic8.

(b) As far as contributions made beyond 30.9.83 are concerned,the entire balance-lying to thair cradit in tho E~FaCcot"Jnt shall b8 transferred to thG Government who inturn will crr::ldit the employee's con'cribution I..Jithint8rast eherGon to 'cheir respoctivG,GPF account 8nd theemployor's coni;ribution with, "intDrl'3st accrued ·thereonshall be resumed by the Governmont •..

liii) In the Case 0 f tho s8. who ue I'D 8l,.1bs.cr"i bing to EPF ~nd. tono t 0 p~ fo I' pen sion scheme in tnrm s 0 f thlSe 0 rderp,th8y will be eligiblo for contributory Provident· Fundbenefits under tha CPF Rules (India). 1960. For thispurposo thoir CPF accounts will bo opened by theresp8 cti va dep2rtm8n"ts. Tho enti rl3 bRl an c8 lying totheir credit in EPF _ both employ~Qs "nd amployc!,scontribution with in'h~rast accrued thorGon shall botran'sfcrrod to thair CPF account tobC op8nod in favDurof cach omployeo. This CEl.n b8 donJ from a prospectivo

'date as and lJhon thDir r8spcctiv8 CPF accounts aro opened.

In tho CaSO of those who ore not subscribing to EmployGosProvidont Fund, (8) thoso who mpt for pension 'will boen~itl8d to, GPF bonc:fits I..Jith 8ffect from 1.10.1991 2.nd(b) those who' do not. opt for punsion schome will boentitlod to CPF bfJnafits undor thO Cc!lntributor5' Provident'Fund FlI1Bs (India), 1960~ .

, All th.8 Ministrios/D;"Jp8r-cm8nts EHU riJqu8st,:d tr:; issuoinsturctions bn'- t.heir at.-c.8chod!subol,cJin.=,t::.: offic',':.s '8nd thoChairman!:'JOcrotprics of th::, r'lFlnaging QJi;r::ittoo of the afOI':JsEdd'Dep3rtm8ntal Cantoon (ltc. to t2.ko imm8diato nCc8ss2ry action andsottle thD EPF accounts of th8 abov3 omploy,'ds8s indicE'tod intho fOI'og~lin9 paragr8ph3, aft3r obtaining the: nOc3ssary optionfrom th8 cnnto8n cmployuQs etc. as indicntod in this O.M.

This issu8s with th::J concurroncoof Ministry:l.of Finance,D:'::pc1rtm~)nt of Expondii-curo vide their U.0.NoIl1(16)!EV!92 of9.11.1992 and Homo Financo Division Dy. No. 2123!92-Fin.ld[1tDd 11.11.92 and in con'sultetion with r'1inistry of .Labour videthbir Dy. No. 110 25/1Lf/92-SS .• II d8tGd 23.4.1992 and DOPnrtmentof ponsion vicJG Dy. No. 2182/JS(CS)/92 of 12.8.1992.

Hin di ve:r sinn will follow.

J __ :A. ~~".x:1 (.~-\-~, , .." -"\", ~.'--- . ' ~( R. C. R I CHHA RI YA \ .DIR~CTOR (CANTEENS1TSIO : 4 6 258 18 •

To1. All ~lin i stries/ bep artm en ts ·to the Govt. cf India (as per r

stan dard 1ist). , . . ,2. All Ch?irmanof ManagingCbmmitte8of.eantsens/Tiffin Rooms

(as per list attached) •

3. Minismryof Finance, D8partmsnt of ·Exp3ndituro,

4. Ministry of _Homo Affairs, Home Finance Division.

5. CG0 A, R. 1

Name of th~J Mini stryj Dep('1 rtm::m t/Offica (with fUll address).

Name of the employ8e.

Designation and SC2le of Pay.

Cant8en to which attached.I do thorSby opt for the pensionary bonefits;

(0 R)~ I do nDtop t fo r th(i PGnsion ary benDfits.

I am fUlly aWare that tho option once oxercised will befinal.

Name end DOsignFltioil of tho Dmploy8o.

1. Signature & Designation.

2, Si.gnatu!'e & .Designation.

counJcDr-signod by immediatosup8rior.

*' InapPli.c",blG clause to be scared out,

Ministxy of(Deptt.

No • .l.213/92-bir (C) ,Goverhment of IndiaPersonnel, P. G. 8. Pensionsof Persqnnel & Training)

l!ev' Delh;. the{btt, Deeember. 1993.

,OFFICE MlilYK?R.Ai~WM

Subject':- Implementation of Supreme Court judgementin the caseof":employees of Non- ~ta tutory~partmental/Co-o pe Ia tive can teens/ti [f inrooms located in central GOvernmentOffices ~ exten~ionofpen~i6nary and GPFbenefits. matter regarding.

In continuation of this Depa~tmentl s OMof evennumber dated1bth November. 1992 on th~ 'above sUbject.the undersigned is directed to say that ,consequent upon,judgement of lhn'ble Supreme Co·urt of India dated 11.10.91.the employees of non-statutory canteens/tiffin rooms

. registered with Director(canteens) and located in , "Central Government Offices were extended the pensionaryand GPF benefits. Now the Hontble SUpreme Court hasclarified their earlier judgement dated 11.10.91 withregard to the counting of ser~lce for pensionarybenefits to the above employees -s under:-

•••••• The pension wil~ be giv'en to all thosewho have retired after 1.10.91. However. for the purposeof calcU1~ting the pension their service on and from26. 9.83 will be teken into consideration. In case of •those whose 'service falis shortof the qualifying period. "the service rendered by them prior to 26.9.83 will be takeninto consideration to the extent of the shortfall •• ~•••• '.

2. .In view of above clarification issued by Hon'bleSupreme Court of India, the President is ple~sed to decide.that in the case of canteen employees retired between1.10.91 to 25.9.93. the service rendered prior to 26.9.~3will be taken into account as qualifying service to theextent that their actual qualifying service falls shortof the minimum service required fQr grant of superannuationpension in terms of Rule 49(2) (b) read with Rul.e 49(3)of the CCS(pension) Rules 1972. This will, however. besubject to the refund of employer's share of contributionto the SPF for the period of service taken into accountfor pensionary benefits, including interest received bythem, alongwith simple interest at the rate of 6 percentper annum from the date of receipt/withdrawal to thedate of refund.

3. Such of the, employees who retired between1.10.91 and' 2~.9.93 may, therefo~e, beglven an optionas per proforma enclosed, if they want LO opt for thepens ion scheme as specified above, the option form maybe sent to them on their addresses by Registered post,cl~arly indicating the details of amount which isrequi;ed to be refunded. .The option will have to beexercised within six months from the date 0,£ issue ofthese orders !nthe form at annexure to thi~ order.The option once ex~rcised will be final,. In case nooption is received ,within the prescribed time limit,it Would be deemed,that the employee is not interestedin opting for pens ~n scheme and the case be closed.

"

4. . The M1nistr1es/cep~rtments are requested toissue instructions to' their ..attached/subordinate officesand the Chairmen/Secretaries of the Managing Committeesof the afQresaidcanteens/tiffin rooms to take immediatenecessary action to settle the cases of the employeesas indicated, in the above paragraphs after obtainingnecessa~yoption from them.

, , ,

~. . This issues with the! concu'rrence of Ministryof Finance, Department of SXp~nditure vide theirU.O.•No.1(16)/e.V/92 dated 23.11.93 and Ministry oflbrtle(finance) U.O.No.2486/93/S,n. I dated 24• .11.93 and'Department ,ot ~nslon & Pensioners; Welfare No.7/1/93dated 22• .10.93. . '

~~~(R.!C.RICHHARIYA)

OIR.ECfOR (CANTEeNS)Pb. 462~a18

tAll Ministries/Departments to th~ G:>v t. of India(as per' standard list).",\ll Chaurnan of Managing Commi itee of canteen s/TlffinRo,oms (as per'list a~tached). , 'Ministry of Finance, Department of Expenditure.Ministry of Home Affairs, Home finance Division •

. CGDA. R.'K.puram,New Delhi.' ,,DG~P &'1. New Delhi.0\11 Controllers of i4ccounts in Ministries/D!partments.

"Ministry of Economic .Affairs, Budgetary Division.GAG, New Delhi.Registrar (Judicial), Supreme Court of India with ref.to his No.1999 & 19Sa/a3/Sec.X of 23.8.93.Department of Pension & Pensioner's Welfare

- " _. "

i..ROFQRMA -1. Nameof the Mj.r.1t:t.'rv.l!:'3'Ourlm::nt/

Office (with .r,." ." . ., ~).

2. Name of the rfc : '-:~rr ""~:'7()yee.

3. De~ignation4. Scale of pay and last pay drawn.o. canteen where he was working6•• 1 do thereby opt 'for'the pensionary benefits •

. (OR), ·,1 do not opt for the pensionary benefits.

, 1 'am fully aware that the option once exercised willbe final.

iName and Designation of the EmployeesWith Parssent AddressWitnes'ses:-----

1. Signature, name and Designation 1.I& fUll postal address.

2. Sig'nature, iname and ~signation 2. _& ~ull postal address.

Cbuntersign~d by immediate superior.

Lnapplicable clause to be sCored out.

Note: .• , The' employee who was contributing to EPF and nowopting for pensionary benefits is required torefund of ~lployer·s Oonttibution to EPF for theperiod of servlcetaken into account for calculati.ngpensionary benefits incloding interest thereonreceived by the employee alongwith simple interest@ 6% per annum from th~ date od withdrawal to thedate of refund.

(\b)~. I

GOVERNMENT OF INDIAMINISTRY OF PERSOf..Jt·JEL, PUBLIC GRIEVANCES AI..JDPENSIONE

DEPAR1MENT OF PENSION AND PENSlbNERS WELFARENEW DELHI

Subject: Rate of interest payable on delayed payment of DCRG and rate of interest- chargeable on refund of pensionary benefrtsalready drawn, in connectionwith counting of past service under CCS (Pension) Rules, 1972 andDepartment of Pension & Pensioners' Welfare OM No. 28/10/B4-PU dated29.8.1984 as amended from time to ti~ - reg,

'f .

In supersession of this Department's OM No. 7/1/93-P&PW(F) dated' 25.8.1994(and 31.10.1995, on the above subject, the undersigned is directed to say that thJPresident is now pleased to decide that where the payment af DCRG has been delayedbeyond three months from the date of retirement, an interest at the rate applicable toGPF de osits determ' ed from time to time by the ~averninent of India will be paid tore Ired/depenryiants of deceased Government servants ...e.

2. The administrative Ministries/Departments are requested to comply with theinstructions ~ontained in para 2(d) and (e) of this Department's OM No. 38/64/98-~&PVV(F) oared 5.10.1999 in the matter of payment of Interest on delayed payment QfOCRG, fiXing or responSIbIlity and recover the amount from the concerned De-an;;glmlcial, SupervIsor and Heaa OT officetn proportion of their salary.e .

3. The President is also pleased to decide that wherever the employees are requiredto refund the pensionary benefits received by them for the service already rendered bythem ullder the Central or State Government or Autonomous Bodies or in Armed Forces(Military Service), in order to avail of the benefit of counting of past services for pension •purposes in terms of the provisions of Rules 17 to 20 of CCS (Pension) Rules, 1972 andDepartment of P&PW's OM No. 28/10/84-PU dated the 29th August, 1984 as amendedfrom hme to· time, the rate of interest will· be at the rate applicable to GPF depositsdetermined from time to time by the Government of India, for the period from the date ofreceipt of pensionary. benefits to date. of their refund to the Governmentf/'\"utonomousBody. .

4.' . In the case of MilitarY pensior,ers re-employed in civil service, the interest will berecovered tor the period from the cate of joining civil service till the date of refund ofpensionary benefits to GovernmentlAu1onomous Body. .

5. However, interest calculation in case of refund of pensionary benefits would be asper the method indicated in Annexure-A.

,-.~~~':-;' _"j._~~~r·~;'tl

6, In cases where after the issue of the orders by the competent authority on thebasis of option exercised by an employee for counting of past service for pensionarjpurposes, if an individual does not deposit the pensionary benefits already received byhim within one months of the receipt of communication from the GovernmenUAutonomous Body, a penal interest @ 2 per cent per annum will be charged in addition tonormal rate of interest mentioned above.

7. All the Mi:listries/Departments are requested to advise the attached/subordinateoffices/autonomous/statutory bodies under their Administrative control and to settle casesin accordance with the provision at this Office Memorandum.

8. In so far as persons serving in the Indian Audit and Accounts Depa;iment areconcerned', these orders issue after consultation with the Comptroller & Auditor Generalof India. '\

TIJ\».'( Sujit Datta)Director (PW)

All Ministries/Departments of Government of India( With usual number of spare copies).

No. 12/9/2000-Dir.(C)Government of India

Iv1inistry of Persormel, Pl1ulic Grievances .and PensionsDepartment ofPerSOlUl,el& Training

Implementation of the Orders dated 3.12.1999 and 13.1.2000passed by Han'ble CAT Principal Bench, New Delhi in OA Nos.572/96 and 2136/98 - Extension of pensionary benefits to theemployees of NOll:-Statutory Departmental Canteens - Regarding.

The untle;signed is dir~ted to refer to this Departmelll's OJTIceMemoranda No. 12/3/1992 -Dir.(C) dated 16.11.92 and 16:12.1993 whichprovided for Pensionary and GPF benefits admissible to the non-statutoryDepal1mental Canteen employees. These provisions had been appealed againstby a section of Canteen eulployees. The Hon'b1e CAT Principal Bench, NewDelhi in two such petitions bearing Nos 572/96 and 2136/98 have ordered on3.12.99 aI\0-13.1.2000 respectively as under:':

" The respondents are, therefore, directed to grant the benefits of theentire past service prior to the Applicants having been declared asGovemmept servants for counting towards pensionary benefits"

(ii) " Respolloenls are directed to take a decision in terms of the decisiongiv~n by the Tribunal in a.A No. 572/96 i.e. to take into account the entirepast service of the appli~ants for purpose of counting towards pensionarybenefits".

';.. I Jowever, Government decided to file an appeal against the said orders ofthe CAT before Hon'ble Delhi High Court. Accordingiy, an appeal has been filedvide W.P. No,· 5695/2000 agaillst orders of the CAT which is pending disposalbefore the belhi High Courl.

I3. Pending disposal of the case by the Delhi High Court, it has Ueen decidedto implement the directions of the CAT as under:-

"The cntilc past service rendered on regular basis by the non-statutoryDepartmental Canteen employees will be reckonetl as "QualifyillgSeryice" for the purpose of calculation of pension in accordance with therelevant provisioIls contained in CCS (Pensions) Rules, 1972 amI rclutctl

orders"

.4. This orde\ is subject to the filial outcome of the W.P l~u. 5695/2000 filedin the [lon'ble Delhi High Court against the order dated 3.12.99 and 13.1.2000 ofthe CAT. In the event of a decision in favour of the Government the enhancedamount of pension/any other bcnefitarising from the implementation of this orderwill have to be refunded along with the interest at the rate applicable to the GPFaccumulation as prescribed in the Department of Pension and Pensioners' Welfarea.M. No. 7/1/93-Dir.(C) P&PW(F) dated 31.10.95 (copy enclosed). Anundertaking to this effect shall be obtained from each individual Canteenemployee/retired employee by the concerned Ministries/Departments/Officesbefore implementation ufthis Older.

5. All Ministries/Departments are requested to issue instructions to theirattached/subordinate offices to take inunediate action to settle the cases of theemployees afresh who retired/died in harness on or aUer 1.10.91 .'..

6. This issues with the approval of Ministry of Finance, Department ofExpenditure vide I.D. Nu C-129/EV /;WOO dated 31.10. 2000 and Department ofPension and Pensioners Welfare vide Dy. No 432/C/2000 dated 1st November,2000 and Ministry of Law, Department of Legal' Affairs V.o. Note No.4000/2009 daled 7.11.2000. f "

Hindi version of this a.M. will foHow.

Cl(S.M.SAHARIAR)Director (Canteens)Tel~...1'lo.4625818

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All Ministries/Departments to the Govenunent of India (as perstandard list)Ministry of Finance, Department of Expenditure, North B1oGk,New Delhi. .Ministry of Home Affairs, Home (Finance) Division, North Block,New Delhi.Controller General of Defence Accounts, West Block Y,R.K. Puram, New Delhi.The Director (Welfare),Department of Posts, Dak Bhavall, SansauMarg, New Delhi.

t Tothe Director (Welfare), Department of Telecom, Dak I3havll,Sansad Marg,New Delhi.All Controller of Accounts in the Millistries/D~partlllenlS, NewDelhi.

8. Ministry of Econo1uic Affairs, Budgetary Division, New Delhi.

9. C&AG, 10 Bahadurshah Zafar Marg, New Delhi.

10. The Registrar, CAT, Principal Bench, Copemicous Marg, NewDelhi.

II. Tire Director. Department of Pension and Pensioners' Welfare, 3TJFloor, Lok Nayak Bhavalla. New Delhi .

. S.O (Canteens), Lok Nayak Bhavan, New Delhi with 500 sparecopies.

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