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    Senior Member RKPATHAK is an unknown quantity at this point
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    Default Pension

    One of my friend was drawing basic pay of rs 18540+4600 and left the organisation on tendering resignation as a technical formality on his having joined an organisation where pension is not there. He served the organisation for 18 years. Office has fixed his pension 10413, i.e. pro rata ( Rs 11570/20*18). The demand of incumbent is to give the pay @ 50% of last pay drawn, i.e., 11570. Kindly clarify the stand of my office is in order or the demand of incumbent is genuine

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    Senior Member sundarar is on a distinguished road
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    Default Full pension for 20 years service for a post-2006 retiree

    If the qualifying service is 20 years, then only full pension of Rs.11570 is admissible. Since it is not so, based on actual qualifying service rendered, viz. 18 years, the pro-rata pension Rs.10413 fixed by the office is in order, according to me.

    (If we see the case of a similar person retired from the corresponding pre-revised scale, prior to 1.1.2006 with the same service, his revised pension may be in the range of Rs.5989 or so (assuming a last pre-revised pay Rs.9700). Just a Cut off date of 1.1.2006 with liberalisation by delinking 33 years q.s. for full pension or otherwise pro-rata, makes this much difference in the pension between a similarly situated pre-2006 and post-2006 retirees)

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    Senior Member SASI is on a distinguished road
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    Quote Originally Posted by RKPATHAK View Post
    One of my friend was drawing basic pay of rs 18540+4600 and left the organisation on tendering resignation as a technical formality on his having joined an organisation where pension is not there. He served the organisation for 18 years. Office has fixed his pension 10413, i.e. pro rata ( Rs 11570/20*18). The demand of incumbent is to give the pay @ 50% of last pay drawn, i.e., 11570. Kindly clarify the stand of my office is in order or the demand of incumbent is genuine
    As per OM No.F. No 38/37/08-P&PW(A) Dated, the 2nd September, 2008, 10 years qualifying service is necessary for full pension. Hence the demand of the employee is correct.

    “5.3 In cases where Government servant becomes entitled to pension on completion of 10years 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”.

    sasi

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    Senior Member sundarar is on a distinguished road
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    Rule 49 (2) of CCS (Pension) Rules, 1972:

    2) (a) In the case of a Government servant retiring in accordance with the provisions of these rules after completing qualifying service of not less than thirty-three years, the amount of pension shall be calculated at fifty per cent of average emoluments, subject to a maximum of four thousand and five hundred rupees per mensem.]; (b) in the case of a Government servant retiring in accordance with the provisions of these rules before completing qualifying service of thirty three years, but after completing qualifying service of ten 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 1[Rupee three hundred and seventy-five] per mensem ; (c) notwithstanding anything contained in Clause (a) and Clause (b) the amount of invalid pension shall not be less than the amount of family pension admissible under sub-rule (2) of Rule 54.


    Para 5.2 of the O.M. dated 2.9.2008 in respect of post-2006 pensioners is self-explanatory that minimum qualifying service for full pension is 20 years.

    Para 5.3 only specifies the entitlement criteria for drawal of pension, which need not be necessarily full pension although 50% of emoluments will be the basic criteria.

    If Para 5.3 is sufficient for drawal of full pension on completion of 10 years qualifying service, then for whom para 5.2 of the same OM will be applicable?

    The Para 5.3 needs clarity, of course while para 5.2 is very clear on the qualifying service criteria of 20 years that replaces the pre-liberalised criteria of 33years that was made applicable to all pre-2006 pensioners.

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    Senior Member RKPATHAK is an unknown quantity at this point
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    Para 5.2 & 5.3 seems to be confusing. I shall be grateful if Mr Venkat or Mr Victor may throw some light in the matter

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    Senior Member SASI is on a distinguished road
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    Swamy’s Handbook 2009 Page 238
    "8.Calculation of Pension
    [Swamy’s Pension Compilation]
    From 2-9-2008.—Full pension is admissible to an employee with minimum qualifying service of not less than 10 years. The amount of pension will be 50% of the average emoluments or 50% of emoluments drawn on the date of retirement, whichever is more beneficial".

    SASI

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    Senior Member RKPATHAK is an unknown quantity at this point
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    This I have seen but still have got some doubt, whether a person who has not completed 20 years of service the full pension be admissible or proportaiontely reduced since Text Book CCS(Pension) Rules have got differnt view

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    Junior Member mprabhakaran is on a distinguished road
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    Default Full pension for those who retired after 10 years of QS.

    Central government employees retired and retiring on or after 01.01.2006 with 10 years and above QS serivce are entitled to full pension in terms of DOPT OM no 37/38/08- P& PW(A) dated 02nd September 2008 & 10th December 2009. In addition to Swamy's publication even the GOI website- Pensioners Portal confirm this position. The answer given to Q-55 under FAQ in the website does not stipulate that one should complete 20 years of QS to get full pension. The same is reproduced below:

    55. What is the method of computing pension?
    Pension is now payable @ 50% of the last 10 months’ average emoluments or last pay drawn, whichever is more beneficial to the retiring employee.

    Does not the above answer mean that those who are eligible pension will get full pension? The position is made further amply clear bythe Ministry of Railways vide their letter no. F(E)III/2008/PN1/13 dated 12th August 2010, addressed to all GMs. The above letter stipulates that all Railway employees who have retired on or after 01.01.2006 with 10 years and above QS are eligible for full pension. It further mentions that with the issue of instructions issued by DOPT vide their OM dated 02.09.2008 & 10.12.2009, the concept of pro rata pension cesed to exist with effect from 01.01.2006.

    Therefore there is no ambiquity in the extant Rules that a retiree is eligible for full pension if he completes 10 years of QS. Let us not therefore interpret the Rule as per our convenience and our own perception and create more confusion.

    In reply to Mr. Sundarar's query as to whom para 5.2 will apply, I would like to mention that it applies to those who could retire only after completion of 20 years and above QS as under Rule 48 & 48A of CCS (Pension) Rules 1972.

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    Senior Member tvenkatam is on a distinguished road
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    Quote Originally Posted by RKPATHAK View Post
    Para 5.2 & 5.3 seems to be confusing. I shall be grateful if Mr Venkat or Mr Victor may throw some light in the matter
    Dear friend,

    Para 5.2 and 5.3 of OM dated 02.09.2008 are very clear. An employee after 10 years of qualifying service if becomes eligible for pension by virtue of attaining the age of superannuation, he will be entitled to pension @ 50% of emoluments. An employee after 20 years of qualifying service retires from service either on superannuation or voluntarily, he will also be eligible for pension @ 50% of emoluments. There is no question of pro rata or proportionate pension on retirement after 01.01.2006.

    So far as the case of your friend is concerned, the relevant provisions of Appendix 5 (of FR &SR) have not yet been updated in line with OM dated 02.09.2008. Following is the rule on the subject existing today.
    “On permanent absorption to CPSU/Autonomous bodies having no pension scheme, a Government servant will be eligible for the proportionate Service Gratuity or Pension & Retirement Gratuity as may be admissible under relevant rules.“
    The above provision may be interpreted as below:
    An employee with more than 20 years of qualifying service will be eligible for full pension and retirement gratuity on the basis of qualifying service up to the date of permanent absorption while those having less than 20 years of qualifying service would be eligible for Service Gratuity only.

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    Junior Member mprabhakaran is on a distinguished road
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    Default Para 5.2 & 5.3

    Dear Mr. Venkat,

    Where is the sentence "by virtue of having attained the age of superannuation'" is used either in par 5.2 or 5.3 of OM dated 02.09.2008? It is your assumption and perception. How can only those who superannuate be seggregated for the benefit while others are left out? For example a person who retired on superannuation on 31.12.2005 would have got only 10/33x BP as pension while a person who retired under fr 56(k) with 18 years of service would have got 23/33x BP as pension. But on 31.01.2006, the former would get full pension and the latter will continue to get 23/33 or 18/20 X BP as pension. How can the position be reversed?

  11. #11
    Senior Member sundarar is on a distinguished road
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    Default Para 5.2 vs Para 5.3 of OM dated 2.9.2008

    Thanks to all your goodselves, who have been participating in the discussion on the instant subject. Such an exercise will bring clarity at the end.

    My views after going through all the above posts are submitted as hereunder:

    1. The moment we call it as FULL PENSION under any circumstances, part-pension ie. pro-rata cannot be entirely ruled out as no where it has been mentioned in the implementation orders of 6th CPC recommendation in r/o post-2006 retirees to that extent.

    2. At the same time, it is a fact that the Railway Board Order dated 12.8.2008 categorically indicates that `all employees becoming entitled to pension on completion of 10 years of qualifying service in accordance with Rule 69(2) of the Railway Services (Pension) Rules, 1993 on or after 1.1.2006, are eligible for pension equal to 50% of emoluments or average emoluments, whichever is more beneficial to them. With the issue of these instructions, the concept of pro-rata pension has ceased to exist w.e.f. 1.1.2006. This provision is equally applicable to those employees who have been permanently absorbed in PSUs/Autonomous bodies and have since become entitled to monthlypension in terms of the extant instructions'.

    2. Similar to the above, the para 5.3 also talks about "cases where Government servant becomes entitled to pension on completion of 10years 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”.

    3. Please note the particular words - IN THOSE CASES SHALL ALSO BE in Para 5.3 of OM dated 2.9.2008 in r/o post-2006 retirees. By this, it is very clear that in all other cases,
    the para 5.2 will be uniformly applied, ie. minimum qualifying service of 20 years for FULL PENSION. (Pl. note that 20 years qualifying service not required for just pension, but FULL PENSION). Thus, pro-rata pension for post-2006 retirees subject to a minimum eligiblity criteria of pension, viz. 10 years qualifying service, and subject to a minimum eligibility critera of FULL PENSION, viz. 20 years qualifying service, will be payable
    wherever the qualifying service rendered is between 10 to 20 years.
    Otherwise, ruling out of pro-rata from 1.1.2006 should have been clearly indicated in the speaking order dated 2.9.2008.

    4. If at all 10 years q.s. will attract full pension and if 20 years q.s. is having no relevance for the purpose of full pension, the relevant rule may be having life only till 2014, as those who entered the Govt. service after 2004 will not be eligible to draw pension under CCS (Pension) Rules, 1972 .

    5. Illustration as I understand: Mr.A with 10 years qualifying service retired before 31.12.2005 will be getting his basic pension at 10/33 X 50% of BP. Mr. B with 10 years qualifying service and retiring after 1.1.2006 in accordance with Rule 49(2) of CCS(Pension) Rules, 1972 or as per the Railway Pension Rule 69(2) will be getting his basic pension at 50% of BP.
    Mr. C with 10 years qualifying service and retiring after 1.1.2006 in accordance with other relevant Rules of CCS(Pension) Rules, 1972/Railway Pension Rules, 1993 will be getting his basic pension at 10/20 X 50% of BP.

    6. Unless suitable clarifications in r/o implementation orders or amendments to relevant Pension Rules are issued, multifold doubts in the minds of the pensioners community cannot be ruled out. However, in the instant subject initially raished Shri Pathakji, I still feel that the Office has rightly fixed the pension based on the available rule provisions, viz. para 5.2 of OM dated 2.9.2008.

    (At this point of time, I intend to reproduce the adopted Resolution No.5 of 55th Annual Conference of Bharat Pensioners Samaj at New Delhi held on 20/21.11.2010 with regard to delinkage of 33 years for full pension in respect of Pre-2006 Pensioners for information. (www.rrewa.org):

    Resolution No 5 (Delinking of Qualifying Service)
    `This Conference emphasizes the rationale involved in extending the de-linkage of qualifying service of 33 years for full pension in respect of pensioners retired during the period from 1.1 =2006 to 1.9.2008 is equally valid and applicable for those, who retired prior to 1.1.2006. As the pensioners are a homogenous class as a whole, computation
    of pension cannot be by different formulas thereby applying an unequal treatment solely on the ground that some retired earlier and some retired later. If the retiree is eligible for pension at the time of his retirement and the relevant pension scheme is subsequently amended /revised, he would become eligible to get enhanced pension as per the new formula of computation of pension from the date when the amendment/revision takes effect. It is discriminatory to introduce a benefit by fixing a cut-off date arbitrarily thereby dividing a single homogenous class of pensioners into two groups as pre-2006 and post-2006?'
    This conference of Bharat Pensioners Samaj therefore, urge upon GOI to redress the discrimination

  12. #12
    Senior Member RKPATHAK is an unknown quantity at this point
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    Thank you Mr Venkat. My view point is also the same. Now I can convince my friend

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    Senior Member tvenkatam is on a distinguished road
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    Quote Originally Posted by mprabhakaran View Post
    Dear Mr. Venkat,

    Where is the sentence "by virtue of having attained the age of superannuation'" is used either in par 5.2 or 5.3 of OM dated 02.09.2008? It is your assumption and perception. How can only those who superannuate be seggregated for the benefit while others are left out? For example a person who retired on superannuation on 31.12.2005 would have got only 10/33x BP as pension while a person who retired under fr 56(k) with 18 years of service would have got 23/33x BP as pension. But on 31.01.2006, the former would get full pension and the latter will continue to get 23/33 or 18/20 X BP as pension. How can the position be reversed?
    Dear friend,

    Para 5.3 of OM dated 02.09.2008 reads:
    “5.3 In cases where Government servant becomes entitled to pension on completion of 10years 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”.

    Interpretation of Para 5.3:
    Government servants becoming entitled to pension on completion of 10 years of service in accordance with Rule 49(2) of the CCS (Pension) Rules, 1972 only are eligible for pension at 50% of emoluments or average emoluments.

    Rule 49(2) of the CCS (Pension) Rules,1972 reads:
    2) (a) In the case of a Government servant retiring in accordance with the provisions of these rules after completing qualifying service of not less than thirty-three years, the amount of pension shall be calculated at fifty per cent of average emoluments, subject to a maximum of four thousand and five hundred rupees per mensem; (b) in the case of a Government servant retiring in accordance with the provisions of these rules before completing qualifying service of thirty three years, but after completing qualifying service of ten 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 Rupee three hundred and seventy-five per mensem ; (c) notwithstanding anything contained in Clause (a) and Clause (b) the amount of invalid pension shall not be less than the amount of family pension admissible under sub-rule (2) of Rule 54.

    Interpretation of Rule 49(2):
    Rule 49(2) covers only those Government servants who retire in accordance with the provisions of the CCS (Pension) Rules, 1972 with a minimum of 10 years of qualifying service. In other words Rule 49(2) covers only those who retire on superannuation with a minimum of 10 years of qualifying service. Employees seeking resignation/pre-mature retirement/deemed retirement are not covered under Rule 49(2).


    Government must find an appropriate solution to ameliorate the conditions of pre 2006 retirees vis-à-vis post 2006 retirees as otherwise there would be vast disparity among these two sets of retirees.
    Last edited by tvenkatam; 24-11-2010 at 10:00 PM. Reason: spelling

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    Senior Member SASI is on a distinguished road
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    Rule 49 of Pension Rules regulate the amount of pension of all types. Not of retirement on superannuation alone. 49(1) refers to retirement before 10 years of qualifying service, 49(2) a, b & c refers to those with qualifying service of 33 years, 10 years and invalid pension respectively. Hence Para 5.3 of OM dated 02.09.2008 is applicable to all types of pension and person eligible for pension with a qualifying service of 10 years are eligible for full pension.

    SASI

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    Senior Member tvenkatam is on a distinguished road
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    Quote Originally Posted by SASI View Post
    Rule 49 of Pension Rules regulate the amount of pension of all types. Not of retirement on superannuation alone. 49(1) refers to retirement before 10 years of qualifying service, 49(2) a, b & c refers to those with qualifying service of 33 years, 10 years and invalid pension respectively. Hence Para 5.3 of OM dated 02.09.2008 is applicable to all types of pension and person eligible for pension with a qualifying service of 10 years are eligible for full pension.

    SASI
    Dear Friend,

    Retirement on superannuation, invalidation and compulsory retirement (with 10 years of qualifying service) are covered under Rule 49(2). The cases of retirement covered under this Rule are enforced which automatically/unconditionally makes the incumbents eligible for pension.

    Pre-mature retirement on completion of 30 years of qualifying service is covered under Rule 48. All other cases of pre-mature retirement with qualifying service between 20 years and 30 years are covered under FR 56. The retirement under these Rules are voluntary/optional and the entitlement of pension is not automatic but subject to fulfillment of certain conditions such as acceptance by Government, notice of retirement, etc.

    Para 5.3 of OM dated 02.09.2008 talks of the former category of retirees with 10 years or more of qualifying service while Para 5.2 of OM relates to the latter category with 20 years or more of qualifying service.

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    Senior Member Victor is on a distinguished road
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    As SASI has rightly said, Rule 49 of Pension Rules regulate the amount of pension of all types. Govt. servants who retire or who are retired under FR 56 are entitled to "Retiring Pension" under Rule 36 (a) of CCS(Pension) Rules. The amount of "Retiring Pension" admissible is regulated under Rule 49 of CCS(Pension) Rules. Further, employees can also retire on completion of 20 years of qualifying service under Rule 48A of CCS(Pension) Rules.

    The OM dated 2.9.2008 as amended now provides for full pension (i.e. 50 % of last basic pay drawn or average emoluments whichever is beneficial) to anybody who retires or is retired on completion of 10/20 years of qualifying service.

    Victor

  17. #17
    Junior Member mprabhakaran is on a distinguished road
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    Dear Friends,

    My interpretation is different. Prior to 01.01.2006, there were 2 categories of pensioners viz., those who were entitled to addition to QS for the purpose of pension and DCRG and those who are not entitled for addition to QS. The former include all those who retire when they are still left with some period of service before attaining the age of compulsory retirement; Those who retire under FR 56 (K), 48 A of CCS(Pension) Rules 1972 etc come under this category. The later category include those who retire on superannuation, under Rule 48 of CCS (Pension) Rules etc.

    If you go back to the original recommendations of 6CPC ( para-5.133) pertaining to delinking 33 years of service for full pension and reducing it to 20 years of QS, we will find that the commission made such recommendation keeping in mind the former category of employees and not the latter category. The commission made this recommendation exclusively with the view to encourage people to leave early so that they can look for alternate career.The commission further says that older people who cannot look for alternate career continue in service without being motivated to make any significant contribution and this has an adverse effect on the government machinery.

    From the above it is clear that this benefit of 10/20 years should be available only for those who retire on their own before the age of compulsory retirement and not for those who retire on superannuation as is being suggested by some of our friends in this thread. Thanks.

  18. #18
    Junior Member mprabhakaran is on a distinguished road
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    Quote Originally Posted by tvenkatam View Post
    Dear friend,

    Para 5.3 of OM dated 02.09.2008 reads:
    “5.3 In cases where Government servant becomes entitled to pension on completion of 10years 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”.

    Interpretation of Para 5.3:
    Government servants becoming entitled to pension on completion of 10 years of service in accordance with Rule 49(2) of the CCS (Pension) Rules, 1972 only are eligible for pension at 50% of emoluments or average emoluments.

    Rule 49(2) of the CCS (Pension) Rules,1972 reads:
    2) (a) In the case of a Government servant retiring in accordance with the provisions of these rules after completing qualifying service of not less than thirty-three years, the amount of pension shall be calculated at fifty per cent of average emoluments, subject to a maximum of four thousand and five hundred rupees per mensem; (b) in the case of a Government servant retiring in accordance with the provisions of these rules before completing qualifying service of thirty three years, but after completing qualifying service of ten 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 Rupee three hundred and seventy-five per mensem ; (c) notwithstanding anything contained in Clause (a) and Clause (b) the amount of invalid pension shall not be less than the amount of family pension admissible under sub-rule (2) of Rule 54.

    Interpretation of Rule 49(2):
    Rule 49(2) covers only those Government servants who retire in accordance with the provisions of the CCS (Pension) Rules, 1972 with a minimum of 10 years of qualifying service. In other words Rule 49(2) covers only those who retire on superannuation with a minimum of 10 years of qualifying service. Employees seeking resignation/pre-mature retirement/deemed retirement are not covered under Rule 49(2).


    Government must find an appropriate solution to ameliorate the conditions of pre 2006 retirees vis-à-vis post 2006 retirees as otherwise there would be vast disparity among these two sets of retirees.
    Dear Friend, Can you tell me what clause of CCS(Pension)Rules 1972, deals with retirement on attaining the age of superannuation making it to be the "retirement under these Rules"!

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    Senior Member tvenkatam is on a distinguished road
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    Quote Originally Posted by mprabhakaran View Post
    Dear Friend, Can you tell me what clause of CCS(Pension)Rules 1972, deals with retirement on attaining the age of superannuation making it to be the "retirement under these Rules"!
    Dear Friend,

    Post #15 above (in the same thread) may clarify.

    The amount of pension admissible for those retiring on or after 01.01.2006 is prescribed in Paras 5.1, 5.2 and 5.3 of OM dated 02.09.2008. Vide Para 5.1, a person retiring before completion of 10 years shall be entitled to only Service Gratuity and no pension. Vide Para 5.2, all those who retire with a minimum of 20 years of qualifying service (whether voluntary or otherwise) shall be eligible for pension at 50% of the emoluments. Vide Para 5.3, those who retire with a minimum of 10 years of qualifying service (on superannuation, invalidation or compulsory retirement) shall also be eligible for pension at 50% of the emoluments.

    Currently there is no question of pro rata or proportionate pension and also no weightage of qualifying service is added on voluntary retirement as was admissible before 01.01.2006.

    A person who opts to retire voluntarily on completion of less than 20 years of service will not be entitled to pension (Neither full rate of 50% of the emoluments nor pro-rata pension based on the actual service rendered). At the same time another person retiring on superannuation/invalidation/compulsory retirement on completion of a minimum of 10 years of service will be entitled to pension at 50% of the emoluments.

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    Senior Member Victor is on a distinguished road
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    Quote Originally Posted by tvenkatam View Post
    Dear Friend,

    Post #15 above (in the same thread) may clarify.

    The amount of pension admissible for those retiring on or after 01.01.2006 is prescribed in Paras 5.1, 5.2 and 5.3 of OM dated 02.09.2008. Vide Para 5.1, a person retiring before completion of 10 years shall be entitled to only Service Gratuity and no pension. Vide Para 5.2, all those who retire with a minimum of 20 years of qualifying service (whether voluntary or otherwise) shall be eligible for pension at 50% of the emoluments. Vide Para 5.3, those who retire with a minimum of 10 years of qualifying service (on superannuation, invalidation or compulsory retirement) shall also be eligible for pension at 50% of the emoluments.

    Currently there is no question of pro rata or proportionate pension and also no weightage of qualifying service is added on voluntary retirement as was admissible before 01.01.2006.

    A person who opts to retire voluntarily on completion of less than 20 years of service will not be entitled to pension (Neither full rate of 50% of the emoluments nor pro-rata pension based on the actual service rendered). At the same time another person retiring on superannuation/invalidation/compulsory retirement on completion of a minimum of 10 years of service will be entitled to pension at 50% of the emoluments.
    A person with less than 20 years qualifying service cannot retire voluntarily under CCS(Pension) Rules. However, I agree that the earlier provisions of pro-rata pension and qualifying service does not exist w.e.f. 1.1.2006.

    Victor

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