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shantishudha
24-12-2010, 10:28 AM
Need Help and need more clarification
Please, Can some experts from this forum clarify these following questions:

1. Is rejoining required after the authorized accumulated leave which ran con-currently with 3 months notice period before the retirement to get VRS Pension?

2. If rejoining is required how it can be done in case the leave and the notice period ends on the same date which is a national holiday?

3. Is each State Govt ( Kerala, Gujrat etc )VRS Pension rule different from the Central Govt. VRS Pension rule?

4. If the rejoining after leave before retirement (end of the notice period) is the requirement in some State VRS pension and there is no rejoining because of ignorance of rules, how this error can be rectified according to the VRS Pension rule to get the pension?

Thanks in Advance

Kanaujiaml
26-12-2010, 08:45 AM
Though I am not an expert, I would try to answer the questions but before that I would like to say that w.e.f. 1.1.06 the "VRS" has been withdrawn. Now one can resign any time with different benifits, dependeing upon qualifying service etc. Different State Govt. follow different rules but mostly they adopt the Central rules with variations depending upon conditions in different States.After availing authorised leave one has to join in order to resign, to get acknowledgement of resignation letter and resignation accepted by the Administration, to hand over charge, if any and to fullfil other necessary formalities for the settlement.

SASI
26-12-2010, 06:50 PM
Though I am not an expert, I would try to answer the questions but before that I would like to say that w.e.f. 1.1.06 the "VRS" has been withdrawn. Now one can resign any time with different benifits, dependeing upon qualifying service etc. Different State Govt. follow different rules but mostly they adopt the Central rules with variations depending upon conditions in different States.After availing authorised leave one has to join in order to resign, to get acknowledgement of resignation letter and resignation accepted by the Administration, to hand over charge, if any and to fullfil other necessary formalities for the settlement.

Many posts are seen stating that VRS has been withdrawn with effect from 1-1-2006. This contention is not correct. Only addition to Qualifying Service on account of voluntary retirement is with drawn. ‘One can resign at any time with different benefits’ is also doubtful. Resignation from service(except technical resignation to join another post) will forfeit retirement benefits.

SASI

shantishudha
27-12-2010, 07:10 AM
If the rejoining after leave before retirement (end of the notice period) is the requirement in some State VRS pension and there is no rejoining because of ignorance of rules, how this error can be rectified according to the VRS Pension rule to get the pension?
Does this mean there will be no pension at all?
no remedy?
please , I am in trouble because of the ignorance of rules.
In my case the rejoining is the problem.

sundarar
27-12-2010, 07:24 AM
I agree with Shri MLKji's views that while relieving of an employee, his/her presence is essential, ie. rejoining duty. When there is an assumption of charge in person was carried out earlier in service, the relinquishment of charge in person also is a must. In rare cases, the official stand relieved, for instance in the case of absorption, etc. If rejoining is the problem, extension of EOL till such a period when one can rejoin and get relieved, can be thought of. It is better to discuss the matter with the concerned office, who will definitely make possible attempts to help in extraordinary situation if any.

shantishudha
27-12-2010, 08:25 AM
Quote "If rejoining is the problem, extension of EOL till such a period when one can rejoin and get relieved, can be thought of. It is better to discuss the matter with the concerned office, who will definitely make possible attempts to help in extraordinary situation if any."
Yes , thank you , that can be one possibility.May be higher authority than the concerned office.

If rejoining is required how it could be done in case the leave and the notice period ends on the same date which was a national holiday?
Because of ignorance of VRs rules in details calculation of leave and notice period ended same day.so there was no re-joining before retirement.No re-joining was noticed after notice period was over.The concerned office did not know and now they do not know what to do?

shantishudha
27-12-2010, 08:37 AM
Quote "CCS [Pension Rules] 1972, a Govt. servant giving notice of voluntary retirement may also apply, before the expiry of the notice, for the leave standing to his/her credit which may be granted to him/her to run concurrently with the period of notice. He/she need not be on duty on the last working day. If he/she could not rejoin on the last day to retire, the emoluments for the purpose of pension will be the emoluments which he/she would have drawn had he not been absent from duty."Quote
Above mentioned quote from one of the kind forum member.
As my office could not find any solution , i was looking forward for more views before i go with the higher authority.

sundarar
27-12-2010, 07:29 PM
Quote "CCS [Pension Rules] 1972, a Govt. servant giving notice of voluntary retirement may also apply, before the expiry of the notice, for the leave standing to his/her credit which may be granted to him/her to run concurrently with the period of notice. He/she need not be on duty on the last working day. If he/she could not rejoin on the last day to retire, the emoluments for the purpose of pension will be the emoluments which he/she would have drawn had he not been absent from duty."Quote
Above mentioned quote from one of the kind forum member.
As my office could not find any solution , i was looking forward for more views before i go with the higher authority.

According to me, giving notice of voluntary retirement as indicated above, does not mean that one can proceed on leave first, and then give notice of voluntary retirement.
An employee in the normal course give notice of voluntary retirement first and then may apply for leave. In such an event, he/she may not be required to be on duty on the last working day.

In spite of anything, it is better to approach the concerned office, as nowadays,
reducing manpower is very much encouraged/facilitated and one of the reasons for the reduction in required qualifying service for full pension is towards that angle. I don't think there will be any problem as to whether the last working day falls on a national holiday - The previous day will be the date of relieving. It all depends on the circumstances under which one person is not able to be present at all on both occasions, ie. while giving notice and while getting relieved, and how far the Accepting Authority views the same. Please proceed ahead with informal consultations with the concerned office by indicating the genuine problem that is being faced and go further by their advise so as to get both sides satisfied. Best wishes..

shantishudha
28-12-2010, 10:55 PM
In this situation , can one day salary cut satisfy the rejoining problem? please , answer this one.

Thank you all sirs/madams for your valuable inputs.Thank you for the best wishes.
I hope this discussion helps others who might be having same situation.But i wonder , may be my case is the rare one so there is no clear cut solution or prescribed rules which can be found in any service rule books.

Happy new year 2011

sundarar
29-12-2010, 04:46 AM
Swamy's Hand Book - 2011 Page 245 and 246 may please be referred.