Compulsory retirement - reg
Vasudevan
(Querist) 01 July 2019
This query is : Resolved
Respected Experts,
I have been compulsorily retired from service subsequent to a departmental enquiry. The order of order of compulsory retirement has not specified any reduction/cut in my pension or gratuity. Now my query is whether i am entitled for 3 months pay as no notice has been served for the compulsory retirement. I am governed under CCS PENSION RULES 1971.
With due respects,
V. VASUDEVAN
kavksatyanarayana
(Expert) 01 July 2019
Dear ji, to me, already departmental enquiry done and disciplinary authority imposed a major penalty of "Compulsory Retirement. So in the orders of Compulsory Retirement, the rate of reduction of pension/pensionary benefits will not be noted. But the authority competent to impose such penalty, pension or gratuity or both at a rate not less than two-thirds and not more than full pension (full pension means who gets after superannuation ] or gratuity or both admissible as on the date of compulsory retirement under Rule 40 of CCS Rules, 1972.
M V Gupta
(Expert) 01 July 2019
As u were compulsorily retired pursuant to punishment imposed in the departmental inqiery, question of issuing notice did not arise. Hence u are not entitled to pay in lieu of notice. Since it is a case of compulsory retirement ur retirement benefits are not affected. Be happy for that.
Dr J C Vashista
(Expert) 02 July 2019
I endorse and appreciate the advise and acumen of experts, you are not entitled for any pay in lieu of notice period.
Otherwise, where is the question of issuance of notice in a departmental inquiry.
You are lucky and must feel obliged to the department/employer wherein you have been granted gratuity and other benefits without any deduction.
P. Venu
(Expert) 02 July 2019
Yes, you are not entitled for any notice pay; your other entitlements remains unaffected.
Vasudevan
(Querist) 02 July 2019
Much obliged by the replies of Learned Experts Sarva Shri M.V. Gupta, Dr. J.C. Vashista and P. Venu. Thank you once again to one and all.
Sudhir Kumar, Advocate
(Expert) 03 July 2019
is this same case
http://www.lawyersclubindia.com/experts/Ccs-pension-rules-702541.asp
P. Venu
(Expert) 03 July 2019
If so, the facts stated are inconsistent.
Vasudevan
(Querist) 03 July 2019
Learned Sudhir Kumar Sir, the link referred by you pertains to me only and same. Now my query is whether I am entitle for 3 months pay in lieu of notice period. I am much obliged by your interaction.
Learned Shri P. Venu sir, kindly refer the link cited by Shri Sudhir Kumar and please state whether any disagreement with the reply furnished by you on 2nd July 2019.
Thanking you.
P. Venu
(Expert) 03 July 2019
I am unable to understand. The queries contain different narrations,
Vasudevan
(Querist) 03 July 2019
Learned Sudhir Kumar Sir, the link referred by you pertains to me only and same. Now my query is whether I am entitle for 3 months pay in lieu of notice period. I am much obliged by your interaction.
Learned Shri P. Venu sir, kindly refer the link cited by Shri Sudhir Kumar and please state whether any disagreement with the reply furnished by you on 2nd July 2019.
Thanking you.
