Hallo, dear and near of all of you, Please clarify the below: - As per my calculation, just I wish to inform / convey you all that:- (1). The following particulars relating to ‘full pension’ are mentioned in the paras-5.2 & 5.3 & 5.4 of the Circular issued vide F.No.38/37/08-P&PW(A) dt.02.09.2008 of Department of P &PW under the M/o. P, PG & P, GoI: - 5.2 Linkage of full pension with 33 years of qualifying service shall be dispensed with. Once a Government servant has rendered the minimum qualifying service of twenty years, pension shall be paid at 50% of the emoluments or average emoluments received during the last ten months, whichever is more beneficial to him 5.3 In cases where Government servant becomes entitled to pension on completion of qualifying service in accordance with Rule 49(2) of the CCS Pension Rules, 1972, pension in those cases shall also be paid at 50% of the emoluments or average emoluments, whichever is more beneficial to the Government servant. 5.4 The revised provisions for calculation of pension in para-5.2, para-5.3 above shall come into force with immediate effect from the date of issue of this O.M. and shall be applicable to Government servants retiring on or after that date. The government servants who have retired on or after 1.1.2006 but before the date of issue of this O.M. will continue to be governed by the Rules / orders which were in force immediately before coming into effect of these orders. (2). The following particulars relating to ‘admissibility of full pension after ten years of qualifying service in Government – clarification – certain amendments to CCS (Pension) Rules, 1972 – attention in particular is invited to para-6 of the notification dt.08th June, 2011’ are mentioned in the Notification issued on dt.08th June, 2011 by Dept. of P &PW under the M/o. P, PG & P, GoI vide letter No.38/80/2008-P&PW (A) (Part II) dt.08.06.2011 :- (6). in rule 49,- (a) after sub – rule (1), the following shall be inserted, namely:- “(1A) The dearness allowance admissible on the date of retirement shall also be treated as emoluments for the purpose of sub-rule(1).” (b) for sub-rule (2), the following shall be substituted, namely,:- “(2) In the case of a Government servant retiring in accordance with the provisions of these rules after completing the qualifying service of not less than ten years, the amount of pension shall be calculated at fifty per cent of emoluments or average emoluments, whichever is more beneficial to him, subject to a minimum of three thousand and five hundred rupees per mensem and a maximum of forty-five thousand rupees per mensem. (3). The following particulars relating to the words ‘pro-rata in CCS (Pension) Rules, 1972 i.e. CCS Pension Amendment Rules, 2012’ are mentioned in para-9 of the Notification issued on dt.21.12.2012 by Dept. of P &PW under the M/o. P, PG & P, GoI : - 9. In the said rules, in rule 37, in sub-rule (3), the words “pro-rata” shall be omitted. (4). The following “conclusion” relating to “granting of pension to all the government servant who given VRS or Resignation / got Dismissal / got Removal / got Compulsorily Retired from Service (CRS) / got CRS on disability due to illness and got relieved from Government service on any reason”, was mentioned in the latest judgment dt.10th April, 2013 of CAT, Principal Bench, New Delhi, in the case of O.A.No.1619/2012 between Shri Amar Singh Vs. GNCTD, “since the object of pension rules itself is to provide social security to the Government servants, by way of pension, but not to deny the same, even to a dismissed, removed or compulsorily retired government servant” and the respondents (GNCTD) are directed to consider the case of the applicant (Shri Amar Singh) for granting pension and other benefits, without reference to Rule 26(1) of the CCS (Pension) Rules, 1972 and to pass appropriate orders and to pay the monetary benefits with arrears within 60 days from the date of receipt of this order. The respondents shall also pay interest on the arrears amount, as per the rates prescribed under the Gratuity Act, 1972. In the circumstances, there shall be no order as to costs. In view of all above, I think that it is clear that a Government servant, who rendered his/her service more than ten years but to below twenty years, left and/or relieved from the government service on any account of reason(s), can get full pension (without pro rata basis / proportionate pension calculated with the service rendered period), at 50% of the emoluments (it means straight calculation of half amount from the total amounts of last basic pay in the respective pay band plus last grade pay) or average emoluments, whichever is more beneficial to the Government servant. Please clarify the same for getting clear picture on the above-said issue. with regards sp rajasekar 09212957598
Posted on: Sat, 15 Jun 2013 07:11:04 +0000