Break in service & pension thereof

Querist : Anonymous (Querist) 31 January 2012 This query is : Resolved
Sirs,
one central govt employee cl.IV was removed from service due to absenteeism with break in service in yr 1990 though he submitted sick cert. ob T.B. again he was taken up for absenteeism in 2000,& retired compulsorily.II nd spell service after break is hardly 9 years few months that's why pension is not given as service is less than 10 yrs.
What to be done for getting pension?s there any Supreme court ruling? Pl save the poor family.
Thanks .

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Querist : Anonymous (Querist) 31 January 2012
sorry sir, again length of service 22 years beforebreak and + 9 yrs after break total service 31-2 yrs w/o any pension.

Sudhir Kumar, Advocate (Expert) 31 January 2012
Your query is incoherent and difficult to understand:-

On one side you say that the employee was “ removed from service due to absenteeism”

On other hand you say that he continued in service

You said that “he was taken up for absenteeism in 2000,& retired compulsorily”

It appears that he was not removed in 1990 and some other penalty was there with break in service and against in 2000 a disciplinary action was taken and he was retired compulsorily

It appears he has got no pension.

You query is answered as under :-

Break in service occurred in 1990 and after 21 years you cannot challenge it. You are wrong to assume that he had 31 years of service. No his service prior to break in service is ZERO for pension purpose. He only has less than 10 years of service.

It appears that the pension has been denied 10 years back, I doubt if you can challenge it now.

Even his compulsory retirement is also 11 year old and it cannot be challenged now

Now at this stage only Secretary of the Department or Minster may be competent to condone delay and allow challenge of compulsory retirement in terms of Rule 29 or 29A of CCS(CC&A) Rules.

Raj Kumar Makkad (Expert) 31 January 2012
Generally some employees do not understand the value of discipline while in service and face its consequences when they get retired. You kept on absent during those days and management had to award break in service means no benefit of any kind for past service.

You didn't mend your ways of becoming absent from service resulting thereby you had to be compulsorily retired from service in your second spell which is less than 10 years so no any entitlement for the grant of pension.

The chapter ends. Now teach your children and neighbours not to play with bread and butter.

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