7th CPC Order, OM, Report - Collection$type=ticker$count=12$cate=0

Casual Labourers with temporary status-clarification regarding contribution to GPF and Pension under the old pension scheme

Casual Labourers with temporary status-clarification regarding contribution to GPF and Pension under the old pension scheme

No.49014/2/2014-Estt (C)
Government of India
Ministry of Personnel, Public Grievances and PG
Department of Personnel and Training
Establishment Division

New Delhi, North Block,
February 26th, 2016

OFFICE MEMORANDUM

Subject: Casual Labourers with temporary status-clarification regarding contribution to GPF and Pension under the old pension scheme.



Undersigned is directed to refer to this Department’s OM No. 51016/2/90-Estt (C) dated the 10th September, 1993 vide which a scheme for grant of temporary status to the casual employees was framed. The scheme applied to those casual labourers who were in employment on the date of the issue of the OM and had rendered one year of continued service in Central Government offices, which meant that they must have been engaged for a period of at least 240 days (206 days in the case of offices observing 5 days week). The scheme did not apply to Departments of Telecom & Posts and Ministry of Railways.

2. As per the scheme, after rendering three years’ continuous service after conferment of temporary status, the casual labourers were to be treated at par with temporary Group ‘D’ employees for the purpose of contribution to the General Provident Fund. Further, after their regularisation, 50% of the service rendered under temporary status would be counted for the purpose of retirement benefits.

3. As per para 8 of the scheme, two out of every three vacancies in Group ‘D’ cadres in respective offices where the casual labourers have been working would be filled up as per extant recruitment rules and in accordance with the instructions issued by Department of Personnel and Training from amongst casual workers with temporary status. However, regular Group “D’ staff rendered surplus for any reason will have prior claim for absorption against existing/future vacancies. In case of illiterate casual labourers or those who fail to fulfill the minimum qualification prescribed for post, regularisation will be considered only against those posts in respect of which literacy or lack of minimum qualification will not be a requisite qualification. They would be allowed age relaxation equivalent to the period for which they have worked continuously as casual labourer.

4. Vide the O.M. No.49014/1/2004 -Estt (C) dated the 26th April, 2004, the above scheme was reviewed 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 as under:

(i) As the new pension scheme is based on defined contributions, the length of qualifying service for the purpose of retirement benefits has lost its relevance, no credit of casual service, as specified in para 5 (v), shall be available to the casual labourers on their regularisation against Group ‘D’ posts on or after 1.1.2004.

(ii) As there is no provision of General Provident Fund in the new pension scheme, it will not serve any useful purpose to continue deductions towards GPF from the existing casual employees, in terms of para 5 (vi) of the scheme for grant of temporary status. It is, therefore, requested that no further deduction towards General Provident Fund shall be effected from the casual labourers w. e. f. 1.1.2004 onwards and the amount lying in their General Provident Fund accounts, including deductions made after 1.1.2004, shall be paid to them.

2. The existing guidelines contained in this Department’s OM No. 49014/2/86-Estg C) dated 7.6.88 may continue to be followed in the matter of engagement of casual workers in the Central Government Offices.

5. The OM dated 26th April, 2004 has been quashed by various benches of CAT/High Courts who have decided that the scheme could not be modified retrospectively. The SLPs filed in the Hon’ble Supreme Court have been dismissed by the Apex Court in UOI & Ors v Rameshwar Singh, CC 1829/2014, UOI & Ors v Ramsaran & Ors, SLP (C) No. 25360-25362 of 2008, SLP 17358/2008, SLP 25360-62/09, Union of India etc v Ajay Kumar & Ors, SLP No.19673-19678/2009.

6. The position has been reviewed in the light of the Court judgements in consultation with the Department of Expenditure. It has now been decided that the 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 General Provident Fund.

7. 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 para 8 of the OM dated 10.09. 1993.

8. It is emphasised that the benefit of temporary status is available only to those casual labourers who were in employment on the date of the issue of the OM dated 10th September, 1993 and were otherwise eligible for it. No grant of temporary status is permissible after that date. The employees erroneously granted temporary status between 10.09.1993 and the date of Hon’ble Supreme Court judgement in Union Of India And Anr vs Mohan Pal, 2002 (3) SCR 613, delivered on 29 April, 2002, will however be deemed to have been covered under the scheme of 10.09.93.

9. Ministries/Departments are also requested to identify cases where temporary status has been granted wrongly to those not covered under the OM dated 10.09.1993 and fix responsibility for the same.

(Mukesh Chaturvedi)
Director (E) 

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/49014_2_2014_Estt_C.pdf]
Stay connected with us via Facebook, Google+ or Email Subscription.

Subscribe to Central Government Employee News & Tools by Email [Click Here]
Follow us: Twitter [click here] | Facebook [click here] Google+ [click here]
Admin

COMMENTS

BLOGGER
Name

100 percent da,19,10th Bipartite Settlement,52,6 CPC Order,7,7th CPC Bunching of Stages,14,7th CPC Charter of Demands,93,7th cpc interim report,12,7th CPC Meeting,149,7th CPC Notification,202,7th CPC Projected Pay,188,7th CPC Questionnaire,16,7th CPC Recommendation,593,7th CPC Report,129,7th CPC Terms of Reference,41,Aadhar,7,Absorption,40,Ad-hoc Bonus,23,Additional Allowance,4,Additional Pension,5,Administrative Reforms,17,Advance Increment,4,Adventure Sports,9,Age Relaxation,16,AGIF,5,AIIMS,12,Air Travel,59,AIRF memorandum to 7th CPC,4,Airport Employees,7,All India Service,74,Allowances,365,Alteration of Date of Birth,6,Annual Allowance,1,Antarctica Allowance,1,Anubhav,14,APAR,38,Area Welfare Officer,5,Armed Forces Tribunal,18,Army Welfare Fund,7,Artisan Staff,11,Ashok Kumar Mathur,9,Atal Pension Yojna,11,Autonomous Bodies,65,awards,13,Bank,174,Bariatric Surgery,2,Benevolent Fund,3,bhavishya,12,Bhutan Compensatory Allowance,7,Bio-metric Attendance,36,Bonus,128,Bonus Order 2014,9,Bonus Order 2015,13,Bonus Order 2016,7,Bonus Order 2017,10,Breakdown Allowance,1,BRO,16,BSNL,76,BSNL IDA Pensioner,22,BSNLMRS,2,Budget 2014,12,budget 2015,22,Budget 2016,1,Budget 2017,22,Budget 2017-18,6,cadre management,17,Cadre Restructuring,166,Cancer Treatment,8,Cantonment Board Employees,3,Cash Handling Allowance,5,cashless treatment,14,Casual Leave,4,CAT jurisdiction,1,CAT Order,63,CBDT Order,28,CBEC,13,CBEC CR,9,CBSE,22,CCS (CCA) Rules,52,CCS (Conduct) Rules,50,CCS (Joining Time) Rules,6,CCS (Leave) Rules,44,CCS (RP) Rules 2008,36,CCS (RP) Rules 2016,71,CEA,34,CEA Form,4,Central Administrative Tribunal,2,Central Government Employee Calendar,25,central government employee news,39,Central Pension Accounting Office,106,Central Secretariat Service,5,Central Universities,27,CG Counsel,1,cgda,108,CGEGIS,18,CGEGIS TABLE,11,CGEWHO,65,CGEWHO Noida,18,Cghs,373,CGHS Agartala,1,CGHS AHMEDABAD,5,CGHS AIZAWl,1,CGHS ALLAHABAD,4,cghs BENGALURU,3,cghs bhopal,5,CGHS BHUBANESWAR,2,CGHS CHANDIGARH,4,cghs CHENNAI,2,CGHS Clarification,62,cghs dehradun,3,Cghs Delhi,67,cghs empanelment,127,Cghs Gangtok,1,CGHS GUWAHATI,4,CGHS HOSPITAL LIST,29,CGHS HYDERABAD,5,Cghs Imphal,1,cghs jabalpur,3,cghs jaipur,5,cghs kanpur,3,Cghs Kohima,1,cghs kolkata,3,cghs lucknow,2,CGHS MEERUT,4,cghs mumbai,4,cghs nagpur,2,cghs patna,2,CGHS plastic cards,8,cghs pune,1,cghs ranchi,2,cghs rates,43,cghs trivendrum,2,CGWB,3,Child Care Leave,31,Children Education Allowance,32,CIP(IW),1,Citizen Charter,2,Civil Accounts Organisation,43,Civil Services Examination,17,cleanliness pledge,2,cmss,1,Coal Pilot Allowance,3,Collection of Order,1,Commercial Duty Allowance,3,Commercial Employment after Retirement,9,Commutation of Pension,30,commuted Leave,6,compassionate appointment,60,Compensatory allowance,3,Compensatory Leave,3,Composition of 7th CPC,9,Compulsory Retirement,14,computer advance,4,computer help,7,Concordance Tables,10,Condiment Allowance,1,Confederation 7th cpc memorandum,4,confirmation,3,Constant Attendant Allowance,14,Consumer Price Index,4,Contingent Employee,10,Contract Labour,103,Conveyance Allowance,3,Court Order,78,CPAY,1,CPF Pensioner,23,CPGRAMS,9,CPMA,4,CPMF,95,CPSE,119,cpse ida,41,CS(MA) Rules,62,cscs,10,CSD,38,CSS,37,CSSS,13,cvc,58,Cycle Maintenance Allowance,5,DA from 01-07-2011,3,DA from Jan 2012,5,DA from Jan 2013,16,DA from Jan 2014,22,DA from Jan 2015,16,da from Jan 2016,10,DA from Jan 2017,7,DA from Jan 2018,1,da from Jul 2012,13,DA from Jul 2013,16,da from jul 2014,11,DA from Jul 2015,9,DA from Jul 2016,14,DA from Jul 2017,10,Daily Allowance,14,Daily Officiating Allowance,1,Damage Rate,1,DAPWA,1,Data Entry Operator,5,Database of Employees,2,date of next increment,43,DCMAF,4,DCRG,6,Dearness Allowance,146,Dearness Pay,3,Dearness Relief,81,Debt Recovery Tribunals,2,Defence Civilian Employees,100,Defence personnel,529,Dental Clinics,2,Department Canteen,19,Deputation,57,Desk Allowance,1,dgqa,1,Dictionary,3,Digital Signature Certificates,1,Direct Tax Code,2,Directorate of Estates,76,Disability Pension,61,Disciplinary Authority,22,DIT,9,Divorced Daughter,2,DNI falls Feb-Jun,8,doppw,4,DOPT,40,DoPT Order,354,Double HRA,6,Double Tpt Allowance,1,dpc,22,Draftsmen,4,DRDO,6,Dress Allowances,6,e-awas,6,e-filing,28,E-Governance,13,e-IPO,1,E-office,12,e-payment,23,E-Revision,15,e-samarth,2,Earned Leave,8,ECHS,82,ECI,1,EDLI 1995,4,edp allowance,1,EDP Cadre,7,Education,85,Ekta Diwas,2,Election,22,Eligibility of Teacher,14,email Policy,1,emergency treatment,7,Empanelment under CSMA Rules,21,Employee Pension Scheme,19,Employees Deposit Linked Scheme,1,Engineering Cadre,20,eNPS,6,Entry Pay on Promotion,24,EOL,1,EPFO,122,EPFS 1952,50,ERS,3,ESIC,25,eTDS return,15,EVC,5,ex-gratia,33,Ex-India Leave,4,Ex-Indian Coast Guards,1,EX-SERVICEMAN,580,Excel Tips,5,Exemption from Return Filing,11,Expected DA,72,Extension in Service,3,Extra Ordinary Leave,1,Extra Work Allowance,1,extraordinary pension,25,Facilitation Fee,1,Family Pension,210,Family Planning Allowance,8,FAQ,70,Festival Offer,9,Fin Min Order,109,Finance Act 2013,1,Financial year 2012-13,2,Firefighting Staff,1,Fitment Formula,57,fixed medical allowance,43,Flexible Complementing Scheme,2,Flying Training,2,Foreign Allowance,2,Foreign Visit,8,form 14,1,Form 16,3,Form 16A,2,Form 25,3,Form 26AS,2,Forms,60,Forwarding of Application,2,FR 15(a),2,FR 22,3,FR 26,1,FR 29,1,FR 35,1,FR 46B,1,FR 49,1,FR 56,18,Freedom Fighter Pension,20,Fundamental Rules,3,GAMS,1,Gandhi Jayanti,10,GAR-23,1,GDS,62,General Pool,60,Geological Survey of India,4,GFR,28,Government Holiday Calendar,39,Govt accommodation,110,Govt Tour,44,gpf,48,Grade pay of SO,49,Grameen Bank,2,Grant-in-aid,1,Gratuity,34,Gratuity Limit for Income Tax,3,greetings,4,group A,98,Group D,62,Guest House,15,Hard Area Allowance,11,Hard Station,2,Headquarter Allowance,2,health insurance scheme,17,hearing aid,3,Hierarchy,42,High Court Order,57,Higher Education,33,Hill Area Allowance,2,Hindi Incentive,5,Holiday Homes,37,Holiday Overtime,1,Honorarium,22,Hostel Facility in Universities,1,Hota Committee,1,House Rent Allowance,31,Housing Loan,4,HRA,35,IBA,27,Immovable Property Return,59,Implementation of 7th CPC,892,incentive for higher qualifications,3,Incentive for NER,3,Incentive to Sportsperson,13,Income Tax Exemption Limit,107,INCOME TAX,273,Income tax calculation,16,Indemnity Bond,1,Independence Day,2,India Water Week,1,INDU,4,Industrial Trades,18,Injury Leave,1,Inquiry Officer,12,insurance scheme,10,Intelligence Agencies,3,Interest of EPF,22,Interest of GPF,15,interest rate,26,Interim Relief,60,Internet facility to officer,1,Internship,3,Invalid Pension,3,Investment,2,IPv6,2,IRCTC,39,IRTSA,27,Island Special Duty Allowance,1,IT Cadre Restructuring,24,IT Return,50,Jawahar Navodaya Vidyalaya,12,JCM,348,Jeevan Pramaan,44,Joining Time,6,Kashmir Valley Special Concession,6,KBC,2,kendriya bhandar,2,Kendriya Vidyalaya Sangathan,164,Kilometreage Allowance,2,Kisan Vikas Patra,4,KV Admission Guidelines,21,KV Uniform,7,KYC,1,Lab Technician,14,Labour Bureau,8,Labour Laws,18,lactating mother allowance,1,LARGESS,3,Launch Campaign Allowance,1,LDC-UDC,79,LDCE/GDCE,29,Leave Encashment,14,leave management system,2,Legal Fee,1,Librarian,2,LIC,1,Licence Fee,12,Lien,3,Life Certificate,54,List of Holidays for year 2012,2,List of Holidays for year 2013,8,List of Holidays for year 2014,10,List of Holidays for year 2015,17,List of Holidays for year 2016,11,List of Holidays for year 2017,2,List of Holidays for year 2018,2,List of Posts,8,Liver Transplant Surgery,1,Liveries,1,loan advances,30,Loans and advances by Central Government,3,lodge complaints,2,Lok Sabha QA,42,lokpal,60,LTC,112,ltc to AN,8,LTC to JK,29,ltc to NE,22,LTC-80 Fare,19,MACP,183,Major Penalty,11,Married Accommodation Project,2,Maternity Leave,7,Medical Charges Reimbursement Bill Form,16,medical decategorization,2,Medical Examination of Group A Officers,4,Medical Professional,47,Memorandum to 7th cpc,82,merger of da,127,merger of grade pay,30,merger of post,13,Min HIPE,1,minimum wages,104,Ministerial Staff,34,Minor Penalty,6,Minority Community,1,Missing Family Member,6,Model School Organization,1,modified parity in pension,42,MOHALI HOUSING COLONY,3,Movable Property Return,50,MTNL,10,Multi Tasking Staff,19,NAC,104,national council meeting,14,National Holiday Allowance,5,National Level Monitors,1,National Mascot Design,1,National Pension System,100,NC JCM Memorandum to 7th CPC,31,NCH,1,NDG ESM Pensioner,1,new pension scheme,208,New Pension System,33,News,140,NFIR,3,NFSG,18,Night Duty Allowance,21,Nivaran,1,NLM,1,No Demand Certificate,1,Nomination Forms,4,Non-functional Upgradation,18,Notice for Pensioners,38,Notional Fixation,15,NPA,17,NSC,6,NSSF,3,Nursing Allowance,13,Nursing Institutions,6,Nursing Staff,6,nutritious dietary allowance,2,obc,33,office procedure,10,office space,5,Office Timing,45,Official Directory,1,Official Language Cadre,5,Official Secret Act,1,Officiating Pay,3,One Rank One Pension,360,Online Survey,1,ordnance factory,83,OROP Order,34,OTA,20,Outsourcing,7,Overpayment,7,PAC Recommendation,1,PAINTING,2,PAN,16,Paramilitary Allowance,3,Parangat,2,Passport,18,Paternity Leave,3,Patient Care Allowance,12,pay,8,Pay Anomaly,61,Pay Fixation,209,Payroll,7,PCDA Order,84,PCO Allowance,1,Pension,629,Pension Adalat,20,Pension Disbursement,66,Pension Form,7,Pension Revision,260,Pensioner Grievances,63,Pensioner I-Card,12,Pensioner Portal,135,Pensioners associations,130,pensioners retired prior to 1.1.2006,156,Penury Grant,2,Permanently disabled children,17,person with disability,80,Personal Pay,4,Personal Staff to Minister,5,PF Scheme,3,PFRDA Bill 2011,21,pgportal,2,pharmacist,2,Physical Training Instructor,1,PIB,4,Piece work calculation,3,Piece work incentive,5,Piece Work Profit,2,Piece Work Rates,3,Piece Work System,3,PLB,40,Pledge,7,PLR Scheme,1,Post Graduate Allowance,2,post office,168,PPF,15,PPF Scheme,9,PPO,56,Pragati,5,Pre-1996,5,Pre-2006,55,Pre-2016 Pensioners,85,pre-retirement counselling,19,Presenting Officer,1,Principal CAT,2,PRIS,21,probation,8,Professional Update Allowance,1,Project Dantak Bhutan,3,Promotions,150,Provisional Pension,7,public grievances,7,Public Provident Fund,8,punctuality,1,Qualification Pay,4,qualifying service,35,Railway Concession Form,3,Railway Servants (Pass) Rules,17,Railways,811,Railways Training Centre,6,Rajbhasha,34,Rajya Sabha QA,38,Rank Pay,22,Ration Money Allowance,6,RBI Circular,16,Re-employed ex-serviceman,53,Receipt Payment Rules,15,Recovery,11,Recruitment,168,Recruitment rules,163,Refreshment Rates,1,RELHS,8,Rent Free Accommodation Allowance,1,Reply to 7th CPC,12,requisition to SSC,3,reservation,131,Reservist Pension,1,residency period,4,Resignation,7,Rest Allowance,1,Retired Employee,48,Retired officers as Consultant,19,Retirement Adviser,1,retirement age,81,Retirement Road Map,60,review of records,2,revised pay rules,68,Right to Information Act 2012,4,Right to Information Act 2017,2,Right to Public Service Act,1,Risk Allowance,20,roster,2,Rotational Transfer Policy,13,Rounding Off,2,RTI,69,RTI Call Centre,4,rti online certificate course,2,Rule 10,1,Rule 16(3),1,running staff,27,Safai Karamcharies,1,Sainik School,2,Salary Disbursement,26,Sankalp,27,Sanskriti Schools,3,SAS Examination,7,Saving Bank Allowance,2,sc,23,scholarship Scheme,4,Schools,8,Scientific and Technical Posts,12,Scouts-Guides,2,SCOVA,63,Secretarial Assistance,1,Self attestation,7,Self-certification,7,Senior Citizens,22,Seniority,17,Sensitive Posts,2,Service Book,14,Service Verification,6,Seventh Pay Commission,1702,Seventh Pay Commission Report,277,Sexual Harassment,25,Shramev Jayate,1,shunting duty allowance,2,Siachen Allowance,1,Sitting Fee Allowance,2,small saving scheme,46,social Media,18,Space Technology Allowance,1,Sparrow,4,Special Allowance,9,Special allowance for Child Care,1,Special Allowance for Safety Officer,1,Special Casual Leave,7,Special Disturbance Allowance,1,Special Duty Allowance,6,Special LC Gate Allowance,1,Special Pension,1,Special Train Controller Allowance,3,Split Duty Allowance,1,sports-person,36,SSC,11,st,19,Staff Benefit Fund,5,Staff Car Driver,6,Staff Selection Commission,1,Stagnation,6,State Govt Employees,2,Station Leave Permission,4,Stenographer,1,Stents,2,Stepping up of Pay,36,Stiching Charges,3,Stipend,9,Storekeeping Staff,2,Strike,229,Study Leave,7,Substitute Employee,1,summer vacation,2,Sumptuary Allowance,4,Superannuation,7,surplus employee,3,suspension,11,Swantah Sukhaya,2,Swavalamban,31,TA Rules,5,Tatkal Tickets,27,tax,2,Tax Free Bonds,1,TDS,37,TDS Rates,11,technical resignation,6,telephone facility,1,temporary employee,6,Terms and condition,1,Toll Free Number,1,Tough Location Allowance,4,Touring Officer Hostel,14,Trade Apprentices,10,train,121,Training Allowance,7,training policy,38,Transfer Policy,70,Transport Allowance,29,Travelling Allowance,55,tribal area allowance,4,Trip Allowance,2,Uniform Allowance,5,Unit Run Canteen,25,Upgradation of Post,51,UPSC,20,vacancies,29,Veteran Commission,2,Veterinary Posts,1,Vigilance Clearance,11,Voluntary Retirement,23,Wages,13,Washing Allowance,10,whistle-blowers,7,Widowed Daughter,3,Women Employees,47,Yoga,7,Youth Hostel,3,Zila Saink Board,5,वेतन आयोग,182,
ltr
item
Central Government Employee News and Tools: Casual Labourers with temporary status-clarification regarding contribution to GPF and Pension under the old pension scheme
Casual Labourers with temporary status-clarification regarding contribution to GPF and Pension under the old pension scheme
The scheme applied to those casual labourers who were in employment on the date of the issue of the OM and had rendered one year of continued service in Central Government offices, which meant that they must have been engaged for a period of at least 240 days
Central Government Employee News and Tools
http://www.staffnews.in/2016/02/casual-labourers-with-temporary-status.html
http://www.staffnews.in/
http://www.staffnews.in/
http://www.staffnews.in/2016/02/casual-labourers-with-temporary-status.html
true
3718188640253144573
UTF-8
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS CONTENT IS PREMIUM Please share to unlock Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy