No.01 -07/2016-SPB-l
Government of India
Ministry of Communications & lT
Department of Posts
Personnel Division
Dak Bhavan, Sansad Marg,.
New Dethi dated 22 Juty 2016
To:
1. All CPMsG
2. All PMsG
3. Director, Rafi Ahmed Kidwai
National postal Academy, Ghaziabad
4. All Directors, PTC
5. All Directors, Postal Accounts.
6. Controller,Foreign Posts, Mumbai
7. Heads of all other Administrative
Offices.
Subject: Casual Labourers with temporary status
clarification regarding contribution to GPF and Pension under the Old Pension
Scheme.
Sir
/ Madam,
Department of Posts had circulated
details of a scheme viz., Casual Labourers (Grant of Temporary Status and
Regularisation) Scheme vide letter No'45-95/87-5PB I dated 12.4.1991 for
granting temporary status to Casual Labourers' who were in employment as on
)911.89, subject to fulfilment of certain conditions. Further clarifications on
the subject were issued by the Directorate as under:
a) Directorate vide letter No.66-S2/92-SPB.l
dated of the above scheme to also Casual Labourers up to 10.9.93. 1 '11 95
extended the benefit recruited after 29.11.89 and
b) Directorate vide letter No.66-9/91-SPB.ll
dated 30.11 g2 issued clarifications that Casual Labourers with temporary
status, who completes three years of service are to be treated at par with
temporary Group D employees and are entitled to various benefits viz.. leave,
holidays, CGElS, GPF,'Medical aid, LTC etc. and counting of temporary service
afier regularisation for retirement benefits.
c) The Scheme for grant of temporary status
and regularisation of casual labourers formulated vide Letter No.45-9g/g7-spB.l
dated 12.4.g1 was modified as under vide letter No.45-612005-5pB-l dated
2.g.2OOS (in consultation with DOPT and in line with DOPT oM
No.49o14t1t2}O+-Ustt 1b) dated 26.4.04) in the light of introduction of New
Pension Scheme in respect of persons appointed to the Central Government
service on or after 1 .1.2004.
(i) As the new pension scheme is
based on defined contributions, the length of qualifying servtce for the
purpose of retirement benefits has lost its relevance. No credit of casual
seryice, as specified in para 6 of the said scheme shall be available to the
casual labourers on their regularization against Group D posts on or after 1
.1.04.
(ii) As there is no provision of GPF
in the new pension scheme, it will not serye any useful purpose to continue
deductions towards GpF from the existing casual employees, in terms of para 8
of the scheme for grant of temporary status. Therefore, no further deductions towards
GPF shall be effected from the casual labourers w.e.f. 1,1.2004 onwards and the
amount lying in their GPF accounts, including deductions made after 1 .1 .2004,
shall be paid to them.
2.
However, since DOPT OM
No.4901411/2004-Estt (C) dated 26.4.04 (cited in para 1(c) above) has been
quashed by various benches of CAT / High Courts who have decided that the
scheme could not be modified retrospectively and that SLPs filed in the Hon'ble
Supreme Courl in various cases have been dismissed by the Apex Court, DOPT vide
its OM No490141212014-Estt(c) dated 26.2.16 has issued clarifications regarding
contribution to GPF and Pension under old Pension Scheme'
3.
Therefore, in line with the
instructions issued by DOP&T vide OM No 4g01 41212014-Estt(C) dated 26.2,16
on the subject, following clarifications are hereby issued in respect of Casual
Labourers in the Postal Department in supersession of Directorate letter
No.45-6/2005-SPB-| dated 2'9 2005.
a) Casual Labourers who had been
granted temporary status under the scheme, and have completed 3 years of
continuous service after that, are entitled to contribute to the GPF.
b) 50% of the service rendered under
temporary status would be counted for the purpose of retirement benefits in
respect of those Casual labourers who have been regularised in terms of the
provisions of Department of Post Scheme for regularisation of Casual Labourers.
c) lt is emphasised that the benefit
of temporary status is available only to those casual iabourers who were in
employment as on'10.9.93 and were otherwise eligible for it. No grant of
temporary status is permissible after that date. The employees erroneously
granted temporary status between 10.9.93 and the date of Hon'ble Supreme Court
judgement in Union of India Vs. Mohal Pal 2OO2 delivered on 29.4.2002, will
however deemed to be have been covered under the Scheme dated 12.4.91of
Department of Posts.
d) Circles may identify cases where
temporary status have been granted wrongly to those not covered under the
Department of Posts scheme dated 12.4.91and fix responsibility for the same.
Yours faithfully
(G Rajeev) Director (SPN)
Copy
to:
1
CGM
(PLr) / CGM (BD&M) / JS&FA / DDG(PAF).
2
All
DDsG / Directors / ADsG.
3
SO
(PE.l) / SO(PE.ll) / So(Pension) / SO(PAP) / SO(GDS) / so(sPB ll).
4 Guard
File (SPB.l).
5 All
recognized Unions / Associations as per standard list.
6 Director,
CEPT, Mysore for uploading on the Indiapost website.
(G. Rajeev)
Director (SPN)
Click here to view/download original order.
