Ccs pension rules

Vasudevan (Querist) 29 June 2021 This query is : Resolved
I was a Central Government servant. I had been convicted in a criminal case. The President has passed an order under Rule 8 read with Rule 9 of CCS (Pension) Rules, 1972 imposing a cut of 40% of my pension for a period of 7 years. In this concern, I have the following query -
1) Whether my Commutation of Pension shall be calculated on my original pension or on the 40% reduced pension?
2) Whether the Dearness Relief be paid on original pension or on the 40% reduced pension?
3) Whether the reduction of 40% be effected on Gratuity also? (The order specifies only pension and not Gratuity).
I shall be much grateful for your valuable replies.
Thank you to all Learned Experts in advance.

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A former Central Government servant convicted in a criminal case received an order reducing their pension by 40% for 7 years. They are seeking clarification on whether this reduction applies to their commuted pension, dearness relief, and gratuity. The advice given suggests that commutation and dearness relief are calculated on the actual reduced pension, while gratuity would be paid as per rules unless explicitly mentioned in the reduction order.

T. Kalaiselvan, Advocate (Expert) 01 July 2021
The commutation of pension for now would be based on the actual pension that would be calculated to be paid to you as per the orders passed.
DA would be paid to the actual basic pension that is proposed to be paid to you as per the orders.
If there is no mention about reduction in gratuity amount, then the gratuity would be paid as per rules.

Vasudevan (Querist) 02 July 2021
Much obliged by the reply of the Learned Expert Shri T. Kalaiselvan. I once again thank you sir for sharing your valuable time and knowledge.

P. Venu (Expert) 03 July 2021
When did you retire prior to 1st January 2016 or subsequently?

Vasudevan (Querist) 03 July 2021
Respected Learned Expert Shri P. Venu, I had retired on 25.01.2017 and the cut in pension was ordered on 11.02.2021 i.e., the date on which the order received by me. For information and necessary guidance please.

P. Venu (Expert) 03 July 2021
Okay, Had it been a pre-2016 case, the reduction would have been on the basis of pre-revised basic pension only.

Vasudevan (Querist) 04 July 2021
Much obliged for the response made by the Learned Expert Shri P. Venu.

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