NPS TO OPS
No.57/04/2019-P&PW(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 17th February, 2020
OFFICE MEMORANDUM
 |
| Government Staff- NPS to OPS |
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.
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, maybe
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 fulfills 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 30th 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 111/390 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 over payment (GAR 35 and pars 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 I.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.
sd/-
(Ruchir Mittal)
Deputy Secretary to the Government of India
(Ruchir Mittal)
Deputy Secretary to the Government of India
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