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aircraft   14 April 2016

Minimum qualifying service for pension for surplus employees

This question posted in other topic  and is reposted here to get speedy answers.
(kindly refer ccs pension rule 1972- rule 29A, 36b, 48A/6a, 49(2) )


Facts are:

  1. I am a surplus employee with 16.5 years of qualifying service(QS). (less than 20yrs but more than 10yrs)
  2. Surplus rules provide Special Voluntary retirement benefit for surplus employees and their retirement benefits will be over and above normal retirement benefits under ccs pension rules.

 

  • The question is: 
  1. wether will I, be elegible for full pension as under rule 49(2) of ccs pension rules with 10yrs of QS and less than 20yrs of QS.(Rule 48A/6a specifically exclude surplus vrs optees from having 20yrs of qualifying service. and Rule 49(2) unambigously says "In the case of a Government servant retiring in accordance with the provisions of these rules after completing the qualifying service of not less than ten years, the amount of pension shall be calculated at fiftyper cent of emoluments" (note the plural word Provisions  which means its intention is more than one provision)

The interpretation doubt of the rule is...

  1. Is rule 49(2) only for calculating amount of pension. In this case what is the necessity of having the conditional clause built into the rule. It could have been only mathematical workouts with formulas.
  2. Can rule 49(2) with 10yrs of QS be interpreted in following manner --- 49(2) provision applies to retirement happening only to cases of superannuation and no other cases. (This type  of interpretaion is held is court several times as only surperannuation is premitted under 49(2) but no where mentioned in 49(2))
  3. Rule 48A/6a it clearly excludes surplus employees from having 20yrs minimum service for retirement.
  4. This bring us to the question that: (view this question from rule 48A/6a perspective of excluding suplus employees with 20yrs of QS)

 

Will retirement under ccs pension rule entitle a person for pension under it? does the word retirement mean the employee is entitled for pension? ( Generally this is the course courts take and they clearly differentiate each thing seperatley and looks for rule behind each objects that they differenciate)

To sum up in mathematical terms of set theory... Retirement is a universal set, while pension is a subset of universal set. Right of universal set does not confer right to subset while right to subset obviously entitles for universal set. (to illustrate: Rivers are universal set and kaveri river is a subset. Entitlement for River doesnot guarntee kaveri river but entitlement for kaveri river guarntees River and kaveri river in particular.) 
In the facts above can any one clarify the entitlement of pension with 10yrs of QS and less than 20yrs of QS as applicable to surplus employees seeking Special voluntary retirement.



Learning

 4 Replies

Sudhir Kumar, Advocate (Advocate)     27 June 2016

refer reply of Mr Dhingra at

 

https://www.lawyersclubindia.com/forum/Minimum-pension-qulaifying-service-under-ccs-pension-rule-135733.asp

Sudhir Kumar, Advocate (Advocate)     27 June 2016

 

 

How many threads you have opened ojn the subject.

 

You are opening one thread or the other and giving half facts on one thread and half on other thread.

 

When you have decided to seek advise then what prevents you from giving all facts on one threads so that experts do not have to hunt for the facts here and there..

 

There is a need to realise that the experts here are giving advise FREE OF COST using there own electricity, net connection and precious time.  By such like riddling queries you are displaying little regard for them.

aircraft   27 June 2016

Sir, I have tried to place the whole picture just to aid in making informed decision. If things are not said completley, how can the person answer? I feel this is the most simplistic way of explaining my case. If others cant follow my writing that doesnt mean I am trying to confuse by riddling qureies. Pl excuse.

To appreciate the action for using many threads I must disclose the reason behind the creation of many threads. The reason is:

After publishing each thread I was dissatisfied with the facts I had had given. I intended to give more facts to enable people in making good judgements. Hence every thread had an update or better formating of text to enable proper reading. further, I had shortage of time to act and just to make people respond in speedy way, I thought of opening multiple entries as single thread may get lost in jungle of other threads.

 

Sudhir Kumar, Advocate (Advocate)     27 June 2016

you have been well advised.


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