Rules (1) to (7) & (8)(d) -- Brought out as BPT Employees (Leave) Regulations, 1975 – TR No.311 of 1975.

Rule (8) relating to the re-employment of Port Trust employees in the Port Trust service during their leave preparatory to retirement or after their retirement.

(a) An employee who is re-employed, after he has retired or proceeded on leave preparatory to retirement, in a Department of the Port Trust, will be treated as a new entrant and his initial pay, on such re-employment, will be fixed at the minimum stage of the scale of pay prescribed for the post in which he is re-employed, provided that where it is felt that the fixation of initial pay at the minimum of the prescribed pay scale will cause undue hardship, the pay may be fixed at a higher stage by allowing one increment for each completed year of service which the employee rendered, before he retired or proceeded on leave preparatory to retirement, in a post not lower than that in which he is re-employed.

(b) where it is found that the pay, as fixed in accordance with sub-rule (a) above, plus the pensionary equivalent of his retirement benefits, exceeds (i) the pay which he was drawing immediately before he retired or proceeded on leave preparatory to retirement or (ii) Rs.3,000 whichever is less, necessary adjustments will be made in the pay so as to ensure that the total of pay and the pensionary equivalent of his retirement benefits does not exceed the above limit.

Note : Once the initial pay has been fixed in the manner indicated above, he may be allowed to draw normal increments in the time-scale of the post to which he is appointed provided that the pay plus the pensionary equivalent of his retirement benefits together do not, at any time, exceed Rs.3,000 per month. Where the pay fixed is not a stage in the scale on account of adjustment prescribed in (b) above, the increment in pay may be allowed after each year of service at the rates of increment admissible as if the pay had been fixed at the minimum or higher stage as the case may be.

(c) In addition to pay as fixed under sub-rule (a) or (b) above, as the case may be, the employee may be granted dearness, house rent and compensatory (city) allowances, if any, admissible on the basis of such pay.

(d) Deleted [TR No.311 of 1975].

(e) No leave except casual leave will be admissible to such an employee during or in respect of his re-employment which coincides with his leave preparatory to retirement. On the expiry of his leave preparatory to retirement, however, he will earn "earned" leave at the rate admissible to a temporary employee and such leave or the unutilised balance of such leave may be availed of as terminal leave on the termination of his re-employment.

(f) Notwithstanding anything to the contrary contained in the Bombay Port Trust Rules of the Provident Fund, an employee who is re-employed in the Port Trust –

(a) will be allowed to subscribe to the Provident Fund on the basis of the pay, exclusive of all pensionary elements including portion of pension commuted, on such re-employment drawn by him in terms of sub-rule (a) or (b) above as the case may be, but only from the date following the date on which the `leave preparatory to retirement’ granted to him in respect of his previous service comes to an end and upto the date of termination of his re-employment, excluding any period of deferred or refused or terminal leave that may be granted to him in respect of such re-employment; and

(b) will be credited, in the normal manner, with the Board’s contribution to the Provident Fund in respect of the subscriptions referred to in (a) above, provided the period of his re-employment exceeds one year.

Explanation :

(i) For the purpose of eligibility to the Board’s contribution to Provident Fund, the period of re-employment will be reckoned from the date of his re-employment.

(ii) No Provident Fund Special Contribution will be admissible to such an employee in respect of period of his re-employment.