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Thread: Two Pension!

  1. #1
    Junior Member mprabhakaran is on a distinguished road
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    Default Two Pension!

    Rule 7 of CCS (Pension) Rules 1972 stipulates

    "7.Limitations on number of pensions
    (1) A Government servant shall not earn two pensions in the same service or post at the same time or by the same continuous service.
    (2) Except as provided in Rule 19, a Government servant who, having retired on a superannuation pension or retiring pension, is subsequently re-employed shall not be entitled to a separate pension or gratuity for the period of his re-employment."

    Rule 19 exempts defence pensioners who are re-employed in civil side from the application of above Rule.

    The question that arises is whether the Central government employees who were permanently absorbed prior to introduction of NPS and after expiry of lien, in an AB, [wherein the CCS (Pension) Rules apply] after commuting 100% of their pension from the parent department for the service rendered upto the day of absorption and are also in receipt of 1/3 of restored pension thereon, eligible for full pension from AB after completion of 10/20 years of service in AB?

  2. #2
    Senior Member Victor is on a distinguished road
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    Quote Originally Posted by mprabhakaran View Post
    Rule 7 of CCS (Pension) Rules 1972 stipulates

    "7.Limitations on number of pensions
    (1) A Government servant shall not earn two pensions in the same service or post at the same time or by the same continuous service.
    (2) Except as provided in Rule 19, a Government servant who, having retired on a superannuation pension or retiring pension, is subsequently re-employed shall not be entitled to a separate pension or gratuity for the period of his re-employment."

    Rule 19 exempts defence pensioners who are re-employed in civil side from the application of above Rule.

    The question that arises is whether the Central government employees who were permanently absorbed prior to introduction of NPS and after expiry of lien, in an AB, [wherein the CCS (Pension) Rules apply] after commuting 100% of their pension from the parent department for the service rendered upto the day of absorption and are also in receipt of 1/3 of restored pension thereon, eligible for full pension from AB after completion of 10/20 years of service in AB?
    Central Govt. employees on absorption in Autonomous Bodies where Pension Scheme is in operation, are not eligible for pro-rata retirement benefits. They are only allowed to count the service rendered under the Government towards pension under the Autonomous Body. The pension will be admissible for the combined service in Govt. and AB only on their retirmenet from the AB.

    Victor

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    Senior Member sundarar is on a distinguished road
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    Default Quitting service - other than superannuation

    "SECTION 21 - QUITTING SERVICE - OTHER THAN SUPERANNUATION (SWAMY'S HAND BOOK 2011 PAGE 247-254)
    may also be referred, for detailed information.
    Last edited by sundarar; 08-12-2010 at 07:14 PM.

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    Junior Member mprabhakaran is on a distinguished road
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    Thanks for your valuable comments Mr. Victor. But I knew of a few cases in CSIR [which follows CCS(Pension) Rules 1972] where the Central Government Employees who have been permanently absorbed, after availing the benefit of either 100% commutation of pension or prorata monthly pension have been paid another pension on their retirement from AB. The irony is that some of them have been paid FULL PENSION in AB based on the Last Pay Drawn by them in the AB without taking into account the pension that they are drawing from the parent department or the 100% commutation availed by them at the time of absorption and the restoration of 1/3 ot it thereon on completion of 15 years of absorption. Is it justified?

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    Member R.Devaraju is on a distinguished road
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    Not at all justified, Sir. Why this has happened? It is the mistake committed by CPC. Whenever a benefit is recommended, the Commission shall consider all related issues, merits and demerits. The issues such as two pension, pre 2006 pension, additional pension beyond 10 years service, revised option for pro rata pension to absorbed employees ,FEB to JUNE increment etc. have arisen due to the lapses of VI CPCR. It is not known whether the National Anomaly Committee is going to analyze all these issues in detail or solve.

    As for as the revised option for pro rata pension to absorbed employees is concerned, neither the parent department nor the new department is going to be affected in any way by the revised option or going to pay anything extra. No change in the present or past pension rules is required. Only permission for option. It is not known how to take up such issues,
    Last edited by R.Devaraju; 13-12-2010 at 12:34 PM.

  6. #6
    Junior Member mprabhakaran is on a distinguished road
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    Quote Originally Posted by R.Devaraju View Post
    Not at all justified, Sir. Why this has happened? It is the mistake committed by CPC. Whenever a benefit is recommended, the Commission shall consider all related issues, merits and demerits. The issues such as FEB to JUNE incriment, pre 2006 pension, additional pension beyond 10 years service, anomalies in absorbed employees pension etc. have arisen due to the lapses of VI CPCR. It is not known whether the National Anomaly Committee is going to analyze all these issues in detail and solve.

    As for as the revised option for pro rata pension to absorbed employees is concerned, neither parent department nor the new department is going to be affected in any way by the revised option. No change in the present or past pension rules is required. Only permission for option. It is not known how to take up such issues,
    You can elicite the views of DOPT, thro RTI.

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    Senior Member Victor is on a distinguished road
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    Quote Originally Posted by mprabhakaran View Post
    Thanks for your valuable comments Mr. Victor. But I knew of a few cases in CSIR [which follows CCS(Pension) Rules 1972] where the Central Government Employees who have been permanently absorbed, after availing the benefit of either 100% commutation of pension or prorata monthly pension have been paid another pension on their retirement from AB. The irony is that some of them have been paid FULL PENSION in AB based on the Last Pay Drawn by them in the AB without taking into account the pension that they are drawing from the parent department or the 100% commutation availed by them at the time of absorption and the restoration of 1/3 ot it thereon on completion of 15 years of absorption. Is it justified?
    I rechecked the relevant rule provision. Govt. servants have the option to either claim pro-rata pensionary benefits or count their previous service in cases of absorption in another pensionable organisation. I stand corrected.

    Victor

  8. #8
    Junior Member mprabhakaran is on a distinguished road
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    Quote Originally Posted by Victor View Post
    I rechecked the relevant rule provision. Govt. servants have the option to either claim pro-rata pensionary benefits or count their previous service in cases of absorption in another pensionable organisation. I stand corrected.

    Victor
    Thanks for the correction/update Victorji. I would say that you were partially right in as much as that Government servants had an option to either claim pro-rata pensionary benefits or count their previous service in cases of absorption in another pensionable organisation prior to 29th August 1984. Availability of such an option post - 29th August 1984 is not clear. In my humble opinion no such option was available to them after 29th August 1984. You might have also noticed that none of the orders issued on the subject speak about another pension at the time of retirement from AB and that too by completely ignoring the pro rata retirement benefits and 1/3 restored pension received from the Government. Such an undue benefit will not only discriminate against the Government servants who have opted to count their past service for combined pension in AB but also will violate Rule 7 of CCS (Pension) Rules 1972.It is time that DOPT examined all these points raised in this forum and issue clear clarification/ guidelines for the benefit of all. Thanks again Victorji.

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