FORUM OF MINISTERIAL STAFF

Tuesday, 29 April 2014

Travelling Facility by Air in glace of Steamer by the Officers in BPS-17 and above on retirement.

Government of Pakistan
Finance Division
(Regulations Wing)

No.F. 1(5)R-10/2010-98 Islamabad, the 24^th April, 2014

Office Memorandum

Subject:- Travelling Facility by Air in glace of Steamer by the Officers in BPS-17 and above on retirement.

The undersigned is directed to refer to paragraph 17 of this Division's 0.M.No.F.2(1)-Rev.1/72, dated 20-12-1972 as amended from time to time and to state that it has been decided to amend paragraph 17(a) (i) of the above O.M. as follows:-

Existing Clause of the Rule	As amended
'Actual fare by rail or steamer of the class to which he was entitled immediately before his retirement for himself and for each member of his family. For journeys by road between places not connected by rail or steamer, mileage allowance shall be allowed".	'Actual fare by rail or air of the class to which he was entitled immediately before his retirement for himself and for each member of his family. For journeys by road mileage allowance shall be allowed at the rates applicable at the time of drawal of claim".

2. It has further been decided that no additional funds will be provided,

whatsoever, on this account. These orders shall have immediate effect.

Sd/-

(Dr. Muhammad Ismail Hasni) Section Officer (R-10)

Ph. # 9245725

All Ministries/Divisions

GRANT OF INVALID PENSION TO AN INDIVIDUAL HAVING LESS THAN 05 YEARS SERVICE.

Government of Pakistan
Finance Division
(Regulations Wing)

*********

No. 1(1)-Reg.6/2008-44. Islamabad, the 8^th April, 2014.

OFFICE MEMORANDUM

Subject:- GRANT OF INVALID PENSION TO AN INDIVIDUAL HAVING LESS THAN 05 YEARS SERVICE.

The undersigned is directed to state that Finance Division vide notification No. F. 1(1)-Reg.6/2008, dated 24^th June, 2008 (SRO 58 (KE)/08, dated 24.06.2008 made following amendment in Article 474-B of CSR:-

"(a) After a service of five years or more but less than ten years, a gratuity not exceeding one month's emoluments for each completed year of service. If a civil servant dies in service, the rate shall be one and a half month's emoluments for each completed year of service. If the emoluments of a civil servant have been reduced during the last twelve months or thirty six months of his service, as the case may be, otherwise than as a penalty, average emoluments may, at the discretion of the authority which has the power to sanction gratuity, be substituted for emoluments.

(aa) If the civil servants are unable to work and retire on account of invalidation due to illness, accident, earthquake or terrorism will get complete pension benefits, and the condition of ten years service shall not apply to such cases."

2. The Military Accountant General (MAG) raised following query upon the amendments:-

Cont …..

-2-

"Whether the condition of 5 years service has also been abolished in newly added sub clause `aa' in the light of Finance Division's O.M. No.1(1 )-Reg.6/2008, dated 24.06.2008."

3. The case has been examined in Finance Division in consultation with Auditor General of Pakistan and Controller General of Accounts and it is clarified that sub clause `aa' is an addition in Article 474- B to extend benefit of pension, as per eligibility of invalid pension, to those civil servants who are unable to work and retire on account of invalidation due to illness, accident, earthquake or terrorism during service rendering less than 10 years but more than 5 years service and who otherwise are not entitled for pension under Article 474-B 'a'. Therefore, condition of 5 years service has not been abolished.

Sd/-

(Muhammad Khalil)

Section Officer (Reg.6)

All Ministries/Divisions/Departments

Thursday, 10 April 2014

PROTECTION OF PAY OF CONTRACT EMPLOYEES ON REGULARIZATION/APPOINTMENT ON REGULAR BASIS

Government of Pakistan Finance Division (Regulations Wing) F. No. 7(9)R-I/2m2- Islamabad, the 31st May, 2013 OFFICE MEMORANDUM Subject: PROTECTION OF PAY OF CONTRACT EMPLOYEES ON REGULARIZATION/APPOINTMENT ON REGULAR BASIS The undersigned is directed to say that the proposals for protection of pay last drawn by the contract employees on their regularization/appointment on regular basis are received in Finance division and considered/decided on case to case basis. The existing rules/orders on the subject do not provide for protection of pay of contract employees on their regularization. The Courts have held from time to time that the pay of contract employees on their regularization/appointment on regular basis should be protected. The matter has been examined in the light of Court's Judgments and it has been decided to issue general policy guidelines in this regard. Pay of a non-Gazetted contract employee on his regularization/appointment on regular basis will be protected subject to the following conditions:-
	i)	That the contract appointment has been made on standard terms and conditions circulated by Establishment Division as amended for time to time.
	ii)	That the contract employee has applied through proper channel and has been properly relieved by the appointing authority. This condition shall not apply in case of regularization on the same post.
	iii)	That regularization/regular appointment has been made with the approval of competent authority.
	iv)	That there is no break/interruption between contract service and regular service.
	v)	That the service rendered on contract basis shall not qualify for pension/gratuity.
	vi)	That in case of regular appointment in lower grade pay shall not be protected.
2. Ministries/Divisions/Departments are authorized to protect/fix pay in terms of above guidelines. Only those cases may be referred to Finance Division where some clarification or advice of Finance Division is required. *Sd/-* (Muhammad Bashir Zahid) Accounts Officer(R-I) Tele: 9245843 All Ministries/Divisions/Departments

Wednesday, 9 April 2014

CLARIFICATION REGARDING PROTECTION OF PAY OF CONTRACT EMPLOYEES ON REGULARIZATION/ APPOINTMENT ON REGULAR BASIS

Government of Pakistan Finance Division (Regulations Wing) F. No. 7(9) R-I/2012-1388 Islamabad, the 6th March, 2014 OFFICE MEMORANDUM Subject: - CLARIFICATION REGARDING PROTECTION OF PAY OF CONTRACT EMPLOYEES ON REGULARIZATION/ APPOINTMENT ON REGULAR BASIS. The undersigned is directed to refer to this Division's O.M. of even number dated 31^st May, 2013 and state that AGPR, Islamabad and certain Ministries/Divisions/ Departments have raised certain queries for clarification which have been examined and clarified as under:-
S .No	Queries raised	Clarification
i.	Finance Division's O.M. dated 31th' May, 2013 does not contain effective date of implementation. From which date will it take effect.	The said O.M. will take effect from the date of its issue i.e. 31-05-2013.
ii.	Whether the pay of employees working on daily wages, short-term vacancies and on contract basis, regularized by the Cabinet Sub-Committee is protectable.	The pay of only those contract employees (Non-gazzetted), whose appointments have been made on standard terms and Conditions in BPS by the competent authority, is protectable.
iii.	Whether employees whose services were transferred from development to non-development side are entitled to pay protection.	Pay is protectable of those employees only whose contract appointment in development side was made in BPS-1 to15 on standard terms and conditions.
iv.	Whether the pay of contract employees on their regularization in lower grade is protectable or otherwise. otherwise.	Finance Division's O.M. clearly states that in case of regular appointment in lower grade pay shall not be protected.
v.	Whether the contract employees of BPS-1 to 4 who were moved one scale up w.e.f.01-07-2007 are entitled to protection of pay on regularization.	Yes.
vi.	In case the pay protection is allowed w.e.f. 31-05-2013 to all back date cases, please clarify about the date of pay fixation regarding date of regularization or implementation of this policy and whether payment of arrear after 31-05-2013 payable or not.	As stated against (i) above.
vii.	Whether an employee working in. a Development Project on his appointment on regular basis in the Ministry, Division and Department is protectable.	As stated against (iii) above.
viii.	Whether the pay of an employee working on contract basis in the Provincial Government who later on joins a regular post in a Federal Government is also protectable.	Yes, subject to conditions, as stated against (ii) above.
Sd/- (Muhammad Bashir Zahid) Accounts Officer(R-I) All Ministries/Divisions/Departments