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Thread: gratuity in case of premature retirement

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    Member rakeshmehra30 is on a distinguished road
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    Smile gratuity in case of premature retirement

    I resigned from govt service after serving for more than 5 years to join central public sector and prior to applying for the post in cpsu[B] i took permission for applying also noc was issued , as per swamy hand book my resignation must be treated as technical formality and should be deemed to be retired from service and eligible for both retirement and service gratuity and also for full encashment of my earned leave.kindly advice me as the accountant of earlier or is not clear about the rules and since 7 months i haven't got my dues despite of written application what should i do.

    RAKESH MEHRA

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    Senior Member jitendraacr is on a distinguished road
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    Dear Shri Mehraji,
    The rules are very clear in this regard and well explained at appendix in CCS(Pension) Rules, 1972. In your case, since you have completed more then 5 years service but less then 10 years, you are eligible for retirement as well as service gratuity alongwith encashment of your earned leave. In case your past service will be counted in new organisation, you will get only payment of leave encashment and the remaining payment of gratuity will be made to your new department. There should be no doubt on it. A simple calculation is envolved here. You may ask your establishment people to refer to Pension Rules in this regard.
    with regards
    Jitendra

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    Member venkatcustoms is on a distinguished road
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    Default gratuity on resignation

    Quote Originally Posted by jitendraacr View Post
    Dear Shri Mehraji,
    The rules are very clear in this regard and well explained at appendix in CCS(Pension) Rules, 1972. In your case, since you have completed more then 5 years service but less then 10 years, you are eligible for retirement as well as service gratuity alongwith encashment of your earned leave. In case your past service will be counted in new organisation, you will get only payment of leave encashment and the remaining payment of gratuity will be made to your new department. There should be no doubt on it. A simple calculation is envolved here. You may ask your establishment people to refer to Pension Rules in this regard.
    with regards
    Jitendra
    With due regards to Jitendraji, i want to convey one thing.

    Retirement benefits are available only when one retires on superannuation or on voluntary retirement. For superannuation, more than 5 years are enough for retirement benefits. However, for voluntary retirement, 20 years of service is a must. If a person resigns from a post, he is eligible only for reimbursement of his GPF amount (with applicable interest) and encashment of half of the Earned Leave in his a/c on the date of resignation.

    Only in case of technical resignation, (the relieving order must specifically say, that it is a case of technical resignation and that no superannuation benefits have been availed by the employee while resignation), the Earned Leave can be transfered to the EL a/c in the new department in which the person joins after resignation. For the purpose of retirement benefits in the new department, the period of service rendered in the earlier department will be taken into account. For this also, the head of the new Department should pass an order in original to this effect.

    This is just from my personal experience. I was working in Railways from Septemeber, 1990 to March, 1996. I later joined Customs & Central Excise Department as Inspector in March, 1996.

    I tendered my resignation with Railways. I specifically, mentioned the purpose of resignation is to join new Department and also i mentioned that my resignation was purely technical.

    The order relieving me from Railways specifically stated that my resignation was on technical grounds and I was not paid any terminal benefits.

    On joining new department, i submitted a representation stating my earlier service in Railways, I mentioned the name of the previous employer (with full address) and requested for counting my service rendered in Railways.

    Based on this representation, my head of Department (in Customs & Central Excise) wrote to the head of department in Railways, got the Service Book from them, and then gave me a detailed letter in which they have mentioned that my service rendered in Railways will be counted for retirement benefits in the new Department. The EL in my a/c in Railways (they call it Leave on Average Pay = LAP) and HPL (they call it Half Average Pay) were also added to my a/c in the new department.

    This all could happen only as I applied through Proper Channel while I was serving in Railways.

    My sincere advice is :

    Please always apply through your head of Department when you are applying for another employment. See that you get No Objection Certificate for appearing Interview for another post. Also, while tendering resignation, follow what I have told in the earlier paras.
    Last edited by venkatcustoms; 13-09-2009 at 07:59 PM.

  4. #4
    Member rakeshmehra30 is on a distinguished road
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    Quote Originally Posted by venkatcustoms View Post
    With due regards to Jitendraji, i want to convey one thing.

    Retirement benefits are available only when one retires on superannuation or on voluntary retirement. For superannuation, more than 5 years are enough for retirement benefits. However, for voluntary retirement, 20 years of service is a must. If a person resigns from a post, he is eligible only for reimbursement of his GPF amount (with applicable interest) and encashment of half of the Earned Leave in his a/c on the date of resignation.

    Only in case of technical resignation, (the relieving order must specifically say, that it is a case of technical resignation and that no superannuation benefits have been availed by the employee while resignation), the Earned Leave can be transfered to the EL a/c in the new department in which the person joins after resignation. For the purpose of retirement benefits in the new department, the period of service rendered in the earlier department will be taken into account. For this also, the head of the new Department should pass an order in original to this effect.

    This is just from my personal experience. I was working in Railways from Septemeber, 1990 to March, 1996. I later joined Customs & Central Excise Department as Inspector in March, 1996.

    I tendered my resignation with Railways. I specifically, mentioned the purpose of resignation is to join new Department and also i mentioned that my resignation was purely technical.

    The order relieving me from Railways specifically stated that my resignation was on technical grounds and I was not paid any terminal benefits.

    On joining new department, i submitted a representation stating my earlier service in Railways, I mentioned the name of the previous employer (with full address) and requested for counting my service rendered in Railways.

    Based on this representation, my head of Department (in Customs & Central Excise) wrote to the head of department in Railways, got the Service Book from them, and then gave me a detailed letter in which they have mentioned that my service rendered in Railways will be counted for retirement benefits in the new Department. The EL in my a/c in Railways (they call it Leave on Average Pay = LAP) and HPL (they call it Half Average Pay) were also added to my a/c in the new department.

    This all could happen only as I applied through Proper Channel while I was serving in Railways.

    My sincere advice is :

    Please always apply through your head of Department when you are applying for another employment. See that you get No Objection Certificate for appearing Interview for another post. Also, while tendering resignation, follow what I have told in the earlier paras.
    dear mr venkatcustoms
    ur case was of different nature in that it was when a govt employee resigns to join another govt department and in the new organisation his earlier service is counted , but in my case i resigned to join centreal public sector(cpsu) and not government organisation and cpsu treat u as fresher , also i applied trough proper channel and obtained NOC at the time of interview and also mentioned the case in resignation and also for your information and knowledge in SWAMY HAND BOOK FOR CENTRAL GOVT EMPLOYEES it os written what is said by my jitendraji and i am thankful to him and also request u to plz look in the matter in rules and then kindly advice me.

    rakesh mehra

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    Member rakeshmehra30 is on a distinguished road
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    Quote Originally Posted by jitendraacr View Post
    Dear Shri Mehraji,
    The rules are very clear in this regard and well explained at appendix in CCS(Pension) Rules, 1972. In your case, since you have completed more then 5 years service but less then 10 years, you are eligible for retirement as well as service gratuity alongwith encashment of your earned leave. In case your past service will be counted in new organisation, you will get only payment of leave encashment and the remaining payment of gratuity will be made to your new department. There should be no doubt on it. A simple calculation is envolved here. You may ask your establishment people to refer to Pension Rules in this regard.
    with regards
    Jitendra
    thanks mr jitendraji

    rakesh

  6. #6
    Senior Member jitendraacr is on a distinguished road
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    Quote Originally Posted by rakeshmehra30 View Post
    dear mr venkatcustoms
    ur case was of different nature in that it was when a govt employee resigns to join another govt department and in the new organisation his earlier service is counted , but in my case i resigned to join centreal public sector(cpsu) and not government organisation and cpsu treat u as fresher , also i applied trough proper channel and obtained NOC at the time of interview and also mentioned the case in resignation and also for your information and knowledge in SWAMY HAND BOOK FOR CENTRAL GOVT EMPLOYEES it os written what is said by my jitendraji and i am thankful to him and also request u to plz look in the matter in rules and then kindly advice me.

    rakesh mehra
    Dear Shri Mehra
    With all regards I am to say that in this forum we only share our views based on our work experience and knowledge gained during the job. I would like to make it clear once again that we are not the authority to explain or interpret a particular rule. Sometimes the queriest may agree with our view and sometimes it may not. But we should not use any such language which may offend some members who are expressing his views. What you write in your aforesaid post for one amongst us, I feel could have been avoided.
    with regards
    Jitendra

  7. #7
    Member rakeshmehra30 is on a distinguished road
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    Quote Originally Posted by jitendraacr View Post
    Dear Shri Mehra
    With all regards I am to say that in this forum we only share our views based on our work experience and knowledge gained during the job. I would like to make it clear once again that we are not the authority to explain or interpret a particular rule. Sometimes the queriest may agree with our view and sometimes it may not. But we should not use any such language which may offend some members who are expressing his views. What you write in your aforesaid post for one amongst us, I feel could have been avoided.
    with regards
    Jitendra
    dear mr jitendra
    i didn't mean to hurt some body, but i certainly want that to clear my doubts on that matter.

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    Member venkatcustoms is on a distinguished road
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    Quote Originally Posted by rakeshmehra30 View Post
    dear mr jitendra
    i didn't mean to hurt some body, but i certainly want that to clear my doubts on that matter.
    Dear Mr. Jitendraji, Rakeshji,

    First thing is that I am not hurt. What I wanted to emphasize here is to see that when we quit a job to join anothe department or PSU, it is better if the relieving order specifically say that we resign only technically.

    I hope the relieving order of Shri. Rakeshji does not pose any problem in getting the amount due to him.

    Thanks Mr. Jitendraji for showing concern for me (or any other person posting comments on this forum, for that matter)

  9. #9
    Member rakeshmehra30 is on a distinguished road
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    Quote Originally Posted by jitendraacr View Post
    Dear Shri Mehraji,
    The rules are very clear in this regard and well explained at appendix in CCS(Pension) Rules, 1972. In your case, since you have completed more then 5 years service but less then 10 years, you are eligible for retirement as well as service gratuity alongwith encashment of your earned leave. In case your past service will be counted in new organisation, you will get only payment of leave encashment and the remaining payment of gratuity will be made to your new department. There should be no doubt on it. A simple calculation is envolved here. You may ask your establishment people to refer to Pension Rules in this regard.
    with regards
    Jitendra
    dear jitendraacr
    thanks for your reply, i would request if u can provide me ccs(pension) rules 1972 or any link for it.


    rakesh

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    Senior Member jitendraacr is on a distinguished road
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    Dear friend
    CCS(Pension) Rules is easily available in market and you can procure it from the shop having stock of Swamy's Publication. This book is also available in all offices.
    Jitendra

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    Member rakeshmehra30 is on a distinguished road
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    hifriends with the above case i would like to inform u all that i haven't received any dues till date (i resigned and relieved on oct 2008), the account says that ur matter is pending with pay and accounts officer and the PAO says that the accountant is not clarifying whether my resignation was technical he writes that it seems to be technical then PAO again sent my file back to accountant for further clarification, i like help from all of u that what should i do now, whether their is any time time limit for settle ment of dues and should i file some RTI .

    rakesh mehra

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    Senior Member aneesh is on a distinguished road
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    Default Gratuity

    Quote Originally Posted by rakeshmehra30 View Post
    hifriends with the above case i would like to inform u all that i haven't received any dues till date (i resigned and relieved on oct 2008), the account says that ur matter is pending with pay and accounts officer and the PAO says that the accountant is not clarifying whether my resignation was technical he writes that it seems to be technical then PAO again sent my file back to accountant for further clarification, i like help from all of u that what should i do now, whether their is any time time limit for settle ment of dues and should i file some RTI .

    rakesh mehra
    Dear friend

    It was very interesting to go through your posting and replies given by the senior members. Why can't you approach your higher authorities one by one for redressal of your grievance. In case if you do not get positive reply write a representation to Dept of Personnel and Public grievances. Finally go to CAT.

  13. #13
    Member rakeshmehra30 is on a distinguished road
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    Quote Originally Posted by aneesh View Post
    Dear friend

    It was very interesting to go through your posting and replies given by the senior members. Why can't you approach your higher authorities one by one for redressal of your grievance. In case if you do not get positive reply write a representation to Dept of Personnel and Public grievances. Finally go to CAT.
    thanks mr aneesh

    but i would like to say that the problem with my case is, when i talk to my senior officer he says that the case is being processed and for the time lapsed they give the excuse of staff shortage and both accountant and PAO says that the delay is not from our side, another problem is that when i reapplied for dues to my concerned office , they forward my application to PAO and also sent me a copy and PAO says that i have to apply of ask my concerned office and they will take action asper the recommendation of my office,
    i am thankfull for ur advice, could u plz send me the details of dept of personnel and public grievances where i could appeal and what is the process to go through CAT.

    regards
    GOPAL

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    Member rakeshmehra30 is on a distinguished road
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    thanku once again sir

    sir i received a letter from my department regarding sanction of my leave pay for 22 days(actual leave balance is 44days) after receiving the letter ia have applied for correction as per the rules given in swamy diary for full encashment of earned leave and also as per the new office memorandom regarding leave rules i have also asked for encashment of hpl.in the meanwhilw if my deptt send the payment of 22days thaen whether i should accept it and what to do after that also they have not send any details regarding gratuity .
    plz guide.

    thanks

    rakesh mehra






    Quote Originally Posted by jitendraacr View Post
    Dear Shri Mehraji,
    The rules are very clear in this regard and well explained at appendix in CCS(Pension) Rules, 1972. In your case, since you have completed more then 5 years service but less then 10 years, you are eligible for retirement as well as service gratuity alongwith encashment of your earned leave. In case your past service will be counted in new organisation, you will get only payment of leave encashment and the remaining payment of gratuity will be made to your new department. There should be no doubt on it. A simple calculation is envolved here. You may ask your establishment people to refer to Pension Rules in this regard.
    with regards
    Jitendra

  15. #15
    Member rakeshmehra30 is on a distinguished road
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    Quote Originally Posted by jitendraacr View Post
    Dear friend
    CCS(Pension) Rules is easily available in market and you can procure it from the shop having stock of Swamy's Publication. This book is also available in all offices.
    Jitendra
    mr jitendre ji kindly if you provide me the link of rules for payment of final payment of GPF within six months of applying in prescribed format as i am not getting it in the net plz help

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    Senior Member ramanrao60 is on a distinguished road
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    dear senior g connectors

    can some body explain to me lucidly what is the difference between 10 yrs minimum qualifying service and 20 years minimum qualifying service for pension and why full pension is admissible in both cases and what specific types of cases are covered by 10 yrs minimum qualifying service and 20 years minimum qualifying service proviso and if 10 years is enough then doesn't 20 years becomes redundant?

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    Junior Member aparanjpe is on a distinguished road
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    Sir,
    You are eligible for Service gratuity and retirement gratuity under rule 49 and 50 (read with rule 37) of CCS Pension Rules. it is also clarified vide DPE circular no. DOPT O.M. No. 28016/5/85-Estt. (C) dated 31st January, 1986 issued by Department of Public Enterprises available at http://dpe.nic.in/newgl/glch02e2.htm. I am unable to attach a copy of the same for due to attachment size limit.

    though you have to fight for this a little because due to ignorance of govt. officers , sometime they deny this benefits. i am also a victim of the same. however one of my friend has got this benefit.

    It is also to inform that all central govt organisation have got exemption under payment of gratuity act on the basis that the benefits conferred under ccs rules are not less favourable to employees, so denial of gratuity can become a ground to cancel their expmtion also. in a case highcourt awarded gratuity of a employee on this basis.

    Please write to me after taking note of this.i am preparing myself for a fight for the same, and several RTI applications are on the way to make a base for the same. wish you good luck.



    Quote Originally Posted by rakeshmehra30 View Post
    I resigned from govt service after serving for more than 5 years to join central public sector and prior to applying for the post in cpsu[B] i took permission for applying also noc was issued , as per swamy hand book my resignation must be treated as technical formality and should be deemed to be retired from service and eligible for both retirement and service gratuity and also for full encashment of my earned leave.kindly advice me as the accountant of earlier or is not clear about the rules and since 7 months i haven't got my dues despite of written application what should i do.

    RAKESH MEHRA

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    Junior Member prabha is on a distinguished road
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    clarify my ACP 1999 entitlement:-

    1. Appointed as Statistical Assistant in scale of pay of Rs. 425-700 (revised to 1400-2300 during Fourth Pay Com & to 5000-8000 during Fifth Pay Com) w.e.f. 09.01.1978
    2. Promoted to post of Senior Investigator in the scale of pay of 1640-2900 (revised to 5500-9000 during Fifth Pay Com) w.e.f. 02.11.1987
    3. Granted second financial upgradation to the scale of 6500-10500 w.e.f. 01.01.2002 after 24 years
    4. Promoted to Statistical Officer (6500-10500) without any pay fixation w.e.f. 16.01.2006
    5. Consequent on implementation of Sixth Pay Com, posts of Statistical Asst. & Senior Investigator (Group B Non-Gazetted) were merged w.e.f 01.01.2006 with GP of 4200 and the posts of Statistical Officer (6500-10500) were granted replacement scale of 7450-11500 GP 4600.
    In my opinion I am eligible for 2nd ACP as on 1.1.2006 due to merger of SA & SI & ignoring my promotion to SI & 3rd MACP w.e.f. 1.9.2008
    Is ther any clarification in this regard
    View Conversation Edit Report

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    Member rakeshmehra30 is on a distinguished road
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    Smile thanks

    Quote Originally Posted by aparanjpe View Post
    Sir,
    You are eligible for Service gratuity and retirement gratuity under rule 49 and 50 (read with rule 37) of CCS Pension Rules. it is also clarified vide DPE circular no. DOPT O.M. No. 28016/5/85-Estt. (C) dated 31st January, 1986 issued by Department of Public Enterprises available at http://dpe.nic.in/newgl/glch02e2.htm. I am unable to attach a copy of the same for due to attachment size limit.

    though you have to fight for this a little because due to ignorance of govt. officers , sometime they deny this benefits. i am also a victim of the same. however one of my friend has got this benefit.

    It is also to inform that all central govt organisation have got exemption under payment of gratuity act on the basis that the benefits conferred under ccs rules are not less favourable to employees, so denial of gratuity can become a ground to cancel their expmtion also. in a case highcourt awarded gratuity of a employee on this basis.

    Please write to me after taking note of this.i am preparing myself for a fight for the same, and several RTI applications are on the way to make a base for the same. wish you good luck.

    thanks aparanjpeji for youe quote but the problem i am facing is that my department is still not sent me any letter regarding they are not considering my resignation as technical but they have written it to the PAO , this is delaying my payment i have filled two rti's and also first appeal and now filling second appeal what abt yur case plz write .

    thanks

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    Junior Member aparanjpe is on a distinguished road
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    Quote Originally Posted by rakeshmehra30 View Post
    thanks aparanjpeji for youe quote but the problem i am facing is that my department is still not sent me any letter regarding they are not considering my resignation as technical but they have written it to the PAO , this is delaying my payment i have filled two rti's and also first appeal and now filling second appeal what abt yur case plz write .

    thanks
    Sir,

    My case is, i have left service on technical resignation after completing 06 years continuous service and after a long battle dept admitted that some benefits are available, but their letter is not clearly express their intention. I think they have not processed any such case till date and due to ignorance of rules they are denying me these benefits. I have filed some RTI to get some important information. ones repiles are received i will approach either court or Dept of pensioner welfare. One of my friend already rec. a letter from his dept. accepting that these benefits will be paid to him in short time, and this happened only after the DOPT circular mentioned in my earlier quote was shown to his employer. i already received EL encashment and Provident fund dues . Whole system is filled with number of inefficient people and the trouble is, when they dont know something, they prefer to reject any payment. keep in touch.
    thanks.
    Last edited by aparanjpe; 23-11-2010 at 02:09 PM.

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