(23.2) Counting of Past Service

(23.2.1) Counting of service rendered in other Organisations for pensionary benefits in the C.S.I.R.

The question of counting of past service of employees who had joined the CSIR after resigning their previous service         or on transfer or on foreign service from Central/State Govt.  Departments/Universities/Autonomous Bodies or sponsored projects/schemes etc., before 21.4.1972 (the date from which the Govt. of India liberalised the pension rules) towards pensionary benefits under the CSIR was considered by the Governing Body of the CSIR at its meeting, held on 22.12.1976. The Governing Body approved that pensionor cases in respect of such employees for counting their past service towards pension under the CSIR may be decided in consultation with Finance on the following conditions and that the past cases should not be reopened

(1)      Payment of pensionary liability by the concerned individuals in terms of Govt. of India O.M.No. 2(3 3)/EVA/60, dated 10- 11- 1960.

 

(2)      Service rendered by individuals in Research Schemes/Projects sponsored in CSIR followed by permanent absorption in CSIR against regular posts without break in service or by condonation of break in accordance with Govt. rules/instructions.

 

(3)      Refund of employer's share of CPF contributions, if any, received by an individual from Central/State Govt./University/Autonomous Organisations etc., together with interest thereon to CSIR.

 

(4)      Production of satisfactory evidence of service by the individuals and also a certificate from employer to the effect that in case the individuals would have continued in their service they would have been eligible for pension under Central/State Govt. or benefits of CPF on completion of 5 years service.

 

(5)     The above benefits will be admissible only on permanent absorption in CSIR.

 

The above decision may be brought to the notice of all officers and staff for their information.  Pending cases, if any, may be referred to the CSIR for consideration.

 

(CSIR letter No. 17/92/75-E.II, dated, the 9th Feb., 1977)

 

(23.2.2) Counting of service rendered in other Organisations for pensionary benefits in the C.S.LR..

 The DGSIR in consultation with FA, CSIR has been pleased to approve that the services rendered in the following Organisations shall also count for pensionary benefits in CSIR, subject, however, to fulfilment of conditions laid down in this office circular letter of even number dated 9.2.1977 (Para 23.2. 1).

 

1.     Central/State Autonomous Bodies/Public Sector Undertakings /Municipal Bodies/Universities.  The term Public Undertaking shall include a Public Undertaking coming under the purview of B.P.E. or a similar body of the State Government where the system of retirement benefits like pension or C.P.F. exist.  The term "Municipal Body" shall include the Municipalities registered under the relevant Act and where the system of retirement benefits like Pension or C.P.F. exist.

 

2.     It has further been decided that the service rendered in more than one organisations (as stated above as mentioned in this office circular letter of even number dated 9th February, 1977) before joining CSIR, may also count for pensionary benefits in CSIR and the resignation, if any, submitted in one Department/Organisation with proper permission is only a technical formality provided of course the other conditions laid down in the said circular letter dated 9.2.1977 are fulfilled.

 

3.     The above decision will apply to those employees only who had joined the CSIR before 21.4.1972.

 

4.     The above decision may be brought to notices of all officers and staff for their information.  Pending cases, if any, may be forwarded to the C.S.I.R. for consideration.

 

(CSIR letter No. 17/92/72-E.II, dated the 18th Jan., 1983)

 

(23.2.3) Counting of past service rendered by an employee in other departments prior to their joining the CSIR towards pension in CSIR.

 CSIR is receiving proposals from the Laboratories/Institutes, for counting of the past service of employees, rendered by them in their respective erstwhile Departments/Organisations, towards pensionary benefits in CSIR without proper examination with reference to Rules/CSIR instructions resulting in a lot of correspondence and delay in finalising the cases.

 In order to minimise the delay in such cases; Proposals may kindly first be got examined by your Sr.  FAO & A.O. with reference to G.O.I. Rules/CSIR instructions and thereafter forward the same to this office duly signed by the Administrative officer and Finance & Accounts Officer-of the Laboratories/Institutes along with the application of the employee concerned. 

The Rules/CSIR Instructions under which each case is covered is to be spelt out and also the specific opinion of the Pension Sanctioning Authority recommending the forwardal.

 (CSIR letter No. 17(92)/34/77-E.II (U.2), dated, the 12th Aug., 1986)

 (23.2.4) Counting of past service rendered in other Departments/Organisations for pensionary benefits in CSIR.

 Attention is invited towards the CSIR Letter No. 17/92/75/E.II dated 9th Febuary, 1977 and 18th January, 1983 (Para 23.2.1 & Para 23.2.2) regarding counting of past service in respect of employees who joined CSIR before 21st April, 1972.  Under the provisions of these letters, employees who had served the Central Government/State Government Departments/Universities/Autonomous Bodies (Central as well as State)/Sponsored Projects/Schemes /Public Enterprises (Central/State Government) Municipal Bodies who joined CSIR without break in service or by condonation of break in accordance with Government of India Rules/Instructions before 21st April, 1972 are entitled to count their past services (supported by all relevant records for such services) subject to their paying pensionary liabilities themselves, and subject to the other conditions as outlined in CSIR letters cited.

 According to Govt. of India OM No. 28/10/84-Pension Unit dated 29th August, 1984, employees of the Central Govt. and Central Autonomous Bodies have been permitted to enjoy pension based on the combined service of Central Govt. and/or Autonomous Body (ies) as the case may be subject to the fact that the concerned erstwhile department would discharge pensionary liabilities and in no case the same should be accepted from the employees concerned.  Instructions have already been issued by CSIR vide letter No. 1/11/86-Pen., dated 31 st October, 1986 that the benefits under the provisions of the Govt. of India OM No. 28/10/84-Pension Unit dated 29th August, 1984 could be granted by the appointing authority at the laboratory level.

 Notwithstanding this Govt. of India OM No. 28/10/84-Pension Unit, dated 29th August, 1984, employees who joined CSIR before 21st April, 1972 may count their service in various department/organisations referred to under para 1 on pre-page.  It seems that the employees eligible for the benefit of past services under the provisions of CSIR Letter No. 17/92/75-E.II dated 9.2.1977 and 18.1.1983 have already applied for the same and decisions taken from time to time by the CSIR Headquarters

 It has now been decided that the cases of counting of past service as referred to under para 1 on pre-page may also be finalized with the approval of the Heads of the National Laboratories/Institutes, wherever he is the appointing authority.  The remaining cases may continue to be referred to CSIR.

      (CSIR letter No. 1/11/86-Pen, dated, the 6th Jan., 1987)

 (23.2.5) Sub: Counting of service on contract for the purpose of pension in CSIR.

 The question of counting of service of CSIR officers who are initially appointed on contract and subsequently confirmed against permanent posts has been reviewed.  The existing instructions of CSIR on the subject are contained in the circular No.5/96/60-PC, dated 24-3-61 and No.3(22)/73-E.II. dated 11- 3-74

The present practice, as followed by CSIR in accordance with the above circulars, is that when a contract officer is confirmed on a permanent post, he is given an option either to continue to be on Contributory Provident Fund Scheme or to come over to pension scheme of the CSIR within 3 months of the date of notification of the orders of confirmation.  In case he opts for pension, the period of service rendered on contract is counted towards pension on surrender of the employer's share of contributory PF accumulation.

 2. As against. the above practice, Govt. of India's provision vide (Rule 17 of CCS(Pension) Rules, 1972) is as under:-

 "Rule 17 of CCS (Pension) Rules, 1972.

 (i)      A person who is initially engaged by the Govt. on a contract for a specified period and is subsequently appointed to the same or another post in a substantive capacity in a pensionable establishment without interruption of duty, may opt either -

 

          (a)          to retain the Govt. contribution in the Contributory Provident Fund with interest thereon including any other compensation for that service; or

 

          (b)          to agree to refund to the Govt. the monetary benefits referred to in clause (a) or to forego the same if they have not been paid to him and count in lieu thereof the service for which the aforesaid monetary benefits may have been payable.

 (ii)        The option under sub-rule (i) shall be communicated to the Head of Office under intimation to the Accounts Officer within a period of three months from the date of issue of the order of permanent transfer to pensionable service or if the Govt. servant is on leave on that day, within three months of his return from leave, whichever is later.

 (iii)       If no communication is received by the Head of Office within the period referred to in sub-rule (ii), the Government servant shall be deemed to have opted for the retention of the monetary benefits payable or paid to him on account of service rendered on contract".

  3.  As would be seen from the above, the practice followed by CSIR has been at variance with the rule provision as contained in C.C.S. (Pension) Rules 1972.  The matter has been reviewed in consultation with the Ministry of Finance (Deptt. of Expenditure), and the following decision has been taken on the subject:-

 4. With effect from 28.11.84 all contract officers who are confirmed against permanent post will automatically come over to the pension scheme of the CSIR w.e.f. the date of their confirmation. They will have option either to count for pension the period rendered on contract prior to date of confirmation (on surrendering the employer's share of CPF contribution), or to get the employer's share of CPF contribution for that service (date of initial appointment on contract till date of confirmation).

 5. Such option must be exercised within 3 months from the date of issue of the order conveying the confirmation.  If no option is exercised within such period, the employee will be deemed to have opted for the retention of the Contributory Provident Fund benefit for the period prior to the date of confirmation.

 6. The correct application of the provision of Rule 17 of CCS(Pension) Rules, 1972 is illustrated below for guidance:-

'A' appointed on contract from 1. 1.79; confirmed w.e.f. 1. 10.84 (viz., after 5 years).

'B' appointed on contract from 1. 1.82; confirmed w.e.f. 1.4.85 (viz., before completion of 5 years in CPF).

In the above two cases, 'A' AND 'B' will be governed by Pension Scheme/General Provident Fund Scheme w.e.f. the date of confirmation on 1.10.84 and 1.4.85 respectively.

 'A' will automatically come into pension scheme from 1. 10.84. However, he has the right to exercise option either to retain the contributory provident fund benefit for the period of service from 1.1.79 to 30.9.84 or surrender the above benefit and count this period also towards pension.

 'B' also comes, automatically into pension scheme from 1.4.85. He has also the right to exercise option either to retain the contributory provident fund benefit for the period of service from 1.1.82 to 31.3.85 or surrender the above benefit and count this period also for pension.  However, in case he opts for retaining the CPF benefit for the period 1. 1. 82 to 31.3.85, the employer's share for the above period will be payable only after he completes 5 years of total service under CSIR viz., upto 31.12.86. In case of both 'A' and 'B', if no such option is received within 3 months from the date of notification of their confirmation, they will be deemed to have opted for the retention of the contributory provident fund benefits for the contract service (viz., period from date of appointment to date of confirmation).

 8. An exemption is envisaged in respect of cases regulated prior to this decision.  Officers who were initially appointed on contract and were confirmed on permanent posts before 28.11.84 and were allowed to continue contributory provident fund in accordance with the CSIR circulars cited above may be given a Fresh option, either to continue to be governed by the contributory provident fund scheme or to come over to the pension scheme on surrendering the employer's share of CPF to CSIR.  Such option should be unqualified and irrevocable, and must be given within 3 months from the date of issue of this circular.  If no option is received within the stipulated period of 3 months, they will be deemed to have opted for the pension scheme of the CSIR and the employer's share of CPF will be withdrawn.

 9. The contents of this circular may be brought to the notice of all concerned officers, including those who are on leave/study leave/deputation/EOL etc. in India or abroad, and their acknowledgement obtained in writing and kept on record.

             (CSIR Letter No:3(27)/73-E.II/Vol. II, dated, 17th April, 1985.)