Relief measures to those who lost jobs after 1983

S.N.R. PILLAI

COLOMBO: Public Administration and Home Affairs Ministry announced that public officers and officers in Local Government Service and Government Corporations who deprived of employment due to the situation in the country after July 1983, will be assisted with relief measures.

The Ministry in a release said yesterday,

1. Public officers or officers in the Local Government Service below 60 years deprived of employment as a result of the situation in the country immediately prior to July 1983 and thereafter up to December 31, 1995 and whose appeals under Public Administration Circular No. 14/88 and 14/88(i) had been rejected are allowed under this Circular to re-submit an appeal to the Appointing Authority through the Heads of the Institutions last served by the officer supported by a solemn declaration setting out the reasons for his leaving the service.

If the Appointing Authority is satisfied after considering the appeal may allow his re-instatement in the service. An Appointing Authority acting under the powers delegated to him by the Public Service Commission and to whom such appeals have been directed should forward such appeals to the Public Service Commission together with his recommendations to enable the Commission to come to a final decision on such appeals.

The release added:

2. "Public Officers or officers of the Local Government Service below the age of 60 and Public Officers or officers of the Local Government Service over the age of 60 who have not been re-instated in service despite their having reasonable grounds for such re-instatement will be granted a pension or a gratuity on the following basis:

2.1. Officers in the Public Service or in the Local Government Service who have completed 10 years of service including the period of daily paid and temporary service and have been employed in a pensionable post at the time of losing employment become eligible to a pension. Action will be taken to pay them the pension with effect from the date he completed the age of 60 years or from 22.02.2002 whichever date that occurs earlier.

2.2. After an appeal is inquired into in the aforesaid manner, an officer who has not completed 10 years service (in a permanent, temporary or daily paid basis) or an officer who is not entitled to a pension according to his appointment and who has given reasonable and acceptable grounds for his inability to report for duty, is paid a pension gratuity for 12 months service calculated at the rate of one month's salary of the post in respect of the period up to 22.02.2002 or up to the date he reaches the age of 60 years whichever date that occurs earlier.

03. An officer in a Corporation who lost his employment as a result of the situation that existed in the country towards July 1983 or thereafter and who has re-submitted an appeal under the above paragraph 01 is paid a gratuity mentioned in paragraph 2.2 above in respect of the period up to 22.02.2002 or up to the date he completes the age of 60 years whichever date that occurs earlier provided his Appointing Authority is satisfied with the reasons adduced in the appeal.

04. A pension or a gratuity is paid to the surviving spouse or to the orphaned children of a deceased Public Officer or of an Officer in the Local Government Service or of a Corporation employee under paragraph 02 and 03 above provided the reasons adduced in the appeal is satisfactory, this payment is based on the officers entitlement up to his decease.

05. When a Public Officer or an officer in the Local Government Service is re-instated in service as mentioned in paragraph 01, such an officer should be allowed to cover up his absence from the following leave for the period of absence up to the date of report for work.

I. Unused casual or vacation leave of the year in which he was re-instated in service, II. Unused vacation leave of the year immediately prior to the year he was last in service, III. Unused vacation leave of any two years during his service, IV. No-pay leave for any balance period, and V. The period treated as no-pay leave as above should be considered as a period of service for the purpose of calculating the pension.

06. A Public Officer or an officer in a Provincial Council or an officer in a Local Government Institution who has lost his employment as a result of the situation that existed in the country before July 1983 and thereafter, and who was unable to obtain relief under Public Administration Circular No. 14/88 but had joined the Public Service or was employed in a Provincial Council or in a Local Government Institution thereafter his previous service will be taken into account for the calculation of his pension and gratuity at the time he becomes entitled to relief under this Circular.

In this instance the period between the date he lost employment and the date he is reinstated in service should be treated as leave as mentioned in paragraph 05 above, and any period of no-pay leave should be taken into account for the purpose of calculating his pension.

07. A Public Officer or an Officer in a Provincial Council or an Officer in the Local Government Service or an officer in a Corporation who were deprived of opportunity to return to the service or to go on retirement in terms of the above Circulars No. 14/88 and 14/88(1) despite reasonable grounds is entitled to relief under the above Circular subject to authentic proof of such reasons.

08. An officer making an application for permission to return to work and whose application made as per Public Administration Circular 14/88 to the Appointing Authority through the Head of the Department last served has been refused despite reasonable grounds should verify such rejection on unreasonable grounds and give reasons for the inability to return to work during the said period to his appeal.

It is the responsibility of the Appointing Authority to give effect within 90 days to the decision arrived at by the Board of Officers appointed by the Appointing Authority.

09. When it is not possible to accommodate an officer who is allowed to return to work within the existing cadre, provision should be made on a supernumerary basis.

10. Applications to return to work or to go on retirement or for a gratuity made by an officer who has worked in an establishment which has been closed down should be forwarded to the Secretary of the relevant Ministry. The Ministry Secretary should, if necessary consult the Secretary of the Ministry of Public Administration and take action under this circular.

11. An officer who had the opportunity to return to work or to go on retirement in terms of the Public Administration Circular referred to in paragraph 01 above and who on reasonable grounds has not so far got the opportunity to make the application may resubmit his application as per above provision to the Appointing Authority before the due date and the Appointing Authority may take action in terms of the provisions of this circular.

12. Appeal made under this circular will not be accepted after 30.06.2006.

13. An officer going on retirement under this circular is treated as having gone on retirement in the normal way and is entitled to be re-employment in the Public Service subject to the existing provisions.

14. Public Administration Circular Nos. 14/88, 14/88(1), 9/92 and 11/93 are hereby repealed without prejudice to the persons who have been benefited therein.