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kgkacharya
01-08-2009, 12:14 PM
According to Rule 49 (b) of CCS [Pension] Rules 1972, in case of Government Servant retiring in accordance with the provisions of these rules before completing qulifying service of 33 years, but after completing qualifying service of 10 years the amount of pension shall be proportionate to the amount of pension admissible under clause (a) and in no case the amount of pension shall be less than Rs.3500 per mensem.
The above provisions of the rules has been changed on recommendations of the Sixth CPC and ammended as under vide Ministry of Personnel, Public Grievances & Pensions, Department of Pension & Pensioner's Welfare OM No. F.No.38/37/08-P&PW(A) dated 02.09.2008.

Para 5.2: Linkage of full pension with 33 years of qualifying service shall be dispensed with. Once a Governement servant has rendered the minimum qulifying service of twenty years, pension shall be paid at 50% of the emolument or average emoluments received during the last 10 months, whichever is more beneficial to him.
Para 5.3: In cases where Government servant becomes entitled to pension on completion of 10 years of qualifying service in accordance with Rule 49(2) of 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.
Therefore, it is very clear from the provisions of Para 5.2 above that those who have completed 10 years of qualifying service and become entitled for pension [In cases of Superannuation, Invalid and Compulsory retirement] will get full pension without linking to qualifying service.

Can anybody confirm this?

venkatcustoms
01-08-2009, 01:50 PM
According to Rule 49 (b) of CCS [Pension] Rules 1972, in case of Government Servant retiring in accordance with the provisions of these rules before completing qulifying service of 33 years, but after completing qualifying service of 10 years the amount of pension shall be proportionate to the amount of pension admissible under clause (a) and in no case the amount of pension shall be less than Rs.3500 per mensem.
The above provisions of the rules has been changed on recommendations of the Sixth CPC and ammended as under vide Ministry of Personnel, Public Grievances & Pensions, Department of Pension & Pensioner's Welfare OM No. F.No.38/37/08-P&PW(A) dated 02.09.2008.

Para 5.2: Linkage of full pension with 33 years of qualifying service shall be dispensed with. Once a Governement servant has rendered the minimum qulifying service of twenty years, pension shall be paid at 50% of the emolument or average emoluments received during the last 10 months, whichever is more beneficial to him.
Para 5.3: In cases where Government servant becomes entitled to pension on completion of 10 years of qualifying service in accordance with Rule 49(2) of 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.
Therefore, it is very clear from the provisions of Para 5.2 above that those who have completed 10 years of qualifying service and become entitled for pension [In cases of Superannuation, Invalid and Compulsory retirement] will get full pension without linking to qualifying service.

Can anybody confirm this?


I do confirm this. Please refer to Swamy's manual 2009.

kgkacharya
01-08-2009, 06:31 PM
Thanks for confirmation to Sri. Venkatcustoms. However, many Accounts Officers who are dealing with Pension cases in different Postal Accounts Offices are not agree with this. Therefore, I request everybody to comments on this about their views or interpretation.

aneesh
01-08-2009, 11:08 PM
Thanks for confirmation to Sri. Venkatcustoms. However, many Accounts Officers who are dealing with Pension cases in different Postal Accounts Offices are not agree with this. Therefore, I request everybody to comments on this about their views or interpretation.

Sir

Full pension fifty percent of the last pay drawn will be given only on completion of 20 years of service. If it is less than 20 but more than 10 prorata or proportionate pension will be paid. I hope I am right

kgkacharya
03-08-2009, 11:45 PM
Sir

Full pension fifty percent of the last pay drawn will be given only on completion of 20 years of service. If it is less than 20 but more than 10 prorata or proportionate pension will be paid. I hope I am right

Dear Sri. Aneesh,
If the intension of the Government is to grant proportionate pension to those who have qualifying service of less than 20 years but more than 10 years, then the wording in Para 5.3 of OM dated 2nd September 2008 should have been " the word thirty three years wherever appears under Rule 49(2) of CCS (Pension) Rules 1972 shall stand modified to 20 years".
However, it is stated in Para 5.3 that "In cases where Government servant becomes entitled to pension on completion of 10 years of qulifying 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."
You may also refer to "Swamy's Pension Compilation-2009" wherein under Rule 49(b) [Page 103], the author has given a foot note *Full Pension from 2-9-2008 -See GID(4) below this Rule.

Kanaujiaml
04-08-2009, 08:44 PM
There appears to be some confusion wirh regard ro pension after completion of 10 years of service. Pension is paid after complerion of ten years of service in certain special circumstances only, such as incapacitarion, when invalid pension is paid. In normal circumstances, pension is payable only after complerion of twenty years of service.

kgkacharya
05-08-2009, 12:02 AM
There appears to be some confusion wirh regard ro pension after completion of 10 years of service. Pension is paid after complerion of ten years of service in certain special circumstances only, such as incapacitarion, when invalid pension is paid. In normal circumstances, pension is payable only after complerion of twenty years of service.

In Department of Posts, the GDS Employees [Gramin Dak Sevaks] are eligible to appear in the departmental examination and qualify for the posts of Postmen, Postal Assistants, Group 'D' etc., They will be appointed to the respective posts at the age of 45 years and above also on availablility of vacancies in their quota. So they will retire on superannuation before completion of 20 years of qualifying service. In case if they have more than 10 years of qualifying service, hitherto [i.e. up to 01.09.2008] they are getting proportionate pension to 33 years of qualifying service as per Rule 49 (2) (b) of CCS [Penison] Rules 1972. Now as per Para 5.3, they are eligible for full pension. Hence not only for invalidation, but for superannuation and compulsory retirement also pension will be granted for less than 20 years of qualifying service. The minimum qualifying service of 20 years is required only for Voluntory Retirement under Rule 48-A of CCS [Pension] Rules 1972.

Kanaujiaml
05-08-2009, 08:36 PM
In Department of Posts, the GDS Employees [Gramin Dak Sevaks] are eligible to appear in the departmental examination and qualify for the posts of Postmen, Postal Assistants, Group 'D' etc., They will be appointed to the respective posts at the age of 45 years and above also on availablility of vacancies in their quota. So they will retire on superannuation before completion of 20 years of qualifying service. In case if they have more than 10 years of qualifying service, hitherto [i.e. up to 01.09.2008] they are getting proportionate pension to 33 years of qualifying service as per Rule 49 (2) (b) of CCS [Penison] Rules 1972. Now as per Para 5.3, they are eligible for full pension. Hence not only for invalidation, but for superannuation and compulsory retirement also pension will be granted for less than 20 years of qualifying service. The minimum qualifying service of 20 years is required only for Voluntory Retirement under Rule 48-A of CCS [Pension] Rules 1972.

I do not fully agree with you. Why not put up an RTI query for getting the authentic official information ?

kapoor1973
04-08-2010, 08:52 PM
If a BSNL employee (Absorbed from DoT) having combined service (Dot + BSNL) between more than 10 years but less than 20 years take voluntary Retirement under rule 37 (A) part 11 after 1-9-2008. Then:-
Whether he will get full pension (50% of emoluments) as per letter no. (Pension Section) 40-18/2008-Pen(B) Dated 31-08-2009.
Or
If not as (a) then what pension he will get and under which rule.
If he get pro rata then what will be the factor 33 years or 20 years and under which rule ?

kapoor1973
06-08-2010, 10:52 AM
Dear friends there is provision for DoT absorbed employee in BSNL after 10 years of service according to CCS rule 37 A part 11

Victor
06-08-2010, 02:53 PM
According to Rule 49 (b) of CCS [Pension] Rules 1972, in case of Government Servant retiring in accordance with the provisions of these rules before completing qulifying service of 33 years, but after completing qualifying service of 10 years the amount of pension shall be proportionate to the amount of pension admissible under clause (a) and in no case the amount of pension shall be less than Rs.3500 per mensem.
The above provisions of the rules has been changed on recommendations of the Sixth CPC and ammended as under vide Ministry of Personnel, Public Grievances & Pensions, Department of Pension & Pensioner's Welfare OM No. F.No.38/37/08-P&PW(A) dated 02.09.2008.

Para 5.2: Linkage of full pension with 33 years of qualifying service shall be dispensed with. Once a Governement servant has rendered the minimum qulifying service of twenty years, pension shall be paid at 50% of the emolument or average emoluments received during the last 10 months, whichever is more beneficial to him.
Para 5.3: In cases where Government servant becomes entitled to pension on completion of 10 years of qualifying service in accordance with Rule 49(2) of 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.
Therefore, it is very clear from the provisions of Para 5.2 above that those who have completed 10 years of qualifying service and become entitled for pension [In cases of Superannuation, Invalid and Compulsory retirement] will get full pension without linking to qualifying service.

Can anybody confirm this?

With the issue of OM dated 10th December 2009 available at (http://persmin.gov.in/WriteData/CircularNotification/ScanDocument/Pension/FullPension_11122009.pdf) the clause regarding calculation of pro-rata pension in case of QS less than 33 years, does not exist any more w.e.f. 1.1.2006. Hence all govt. officials retiring with 10 years QS and in accordance with CCS(Pension) Rules on or after 1.1.2006 are eligible for full pension.

Victor
(pva)

terrance
12-08-2010, 05:10 PM
With the issue of OM dated 10th December 2009 available at (http://persmin.gov.in/WriteData/CircularNotification/ScanDocument/Pension/FullPension_11122009.pdf) the clause regarding calculation of pro-rata pension in case of QS less than 33 years, does not exist any more w.e.f. 1.1.2006. Hence all govt. officials retiring with 10 years QS and in accordance with CCS(Pension) Rules on or after 1.1.2006 are eligible for full pension.

Victor
(pva)

I don't think, ALL govt. officials retiring with 10 years QS are entitled to Pension.
If this statement is true, then para 5.2 is meaning less !!

tvenkatam
12-08-2010, 08:13 PM
Dear Friend,

Employees retiring on Superannuation on completion of 10 years of qualifying service are eligible for full pension. In addition, invalidation and compulsory retirement also entail full pension without linkage to the QS.

In all other cases including pre-mature retirement a minimum of 20 years of QS is necessary for being eligible for pension.

shankar.nstl
08-02-2011, 03:16 PM
Dear Friend,

Employees retiring on Superannuation on completion of 10 years of qualifying service are eligible for full pension. In addition, invalidation and compulsory retirement also entail full pension without linkage to the QS.

In all other cases including pre-mature retirement a minimum of 20 years of QS is necessary for being eligible for pension.

Sir,

Can you provide me the authority for the above reply. Basing on that I have to act on one case. My email id is surni.bheemashankar@gmail.com

Victor
08-02-2011, 07:29 PM
Sir,

Can you provide me the authority for the above reply. Basing on that I have to act on one case. My email id is surni.bheemashankar@gmail.com

Kindly refer to http://persmin.gov.in/CP_Circular_Report.asp?MinCode=2&DepCode=3&DivCode=10&SecCode=(0)&CNCode=1&MctCode=5&SctCode=48&ArchCode=2 for the latest circulars issued after implementation of 6CPC.

The present position is that anybody retiring in accordance with CCS(Pension) Rules, 1972 (subject to min 10 years of QS) will be entitled to full pension i.e. 50% of last pay drawn or average basic pay of last 10 months, whichever is more beneficial to the govt. servant.

Victor

Sushil50509
27-07-2016, 10:18 PM
Sir my father was working in a PSU and took VRS had got 100% Lump sum amount ,at that time there was no pension scheme was available there, he rendered 19 years regular service from 1972-1995. now i come to know that government has decided to restore from 1st January 2006. 1/3rd pension for this employees. Is my father eligible for pension?

sinha_audit
28-07-2016, 07:13 AM
There is no doubt that the pro rata has been abolished in all cases of pension. Only in Gratuity, pro rata is existent.

Full Pension at 50% of last pay drawn (or 50% of avg of last 10 months' emoluments, whichever is beneficial) is also granted under Rule 37 of Pension Rules on absorption in a Central Autonomous Body or a Central PSU after completion of 10 years' regular service in Central Govt.

See DoP&PW clarification dated 23.12.2012 in this regard after their OM dated 02.09.2008.