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QUALIFYING SERVICE AND PENSION CALCULATION

(Querist) 08 March 2009 This query is : Resolved 
IN RAJASTHAN QUALIFYING SERVICE FOR FULL PENSION WAS 33YEARS.I RETIRED IN JAN.1996,AFTER SERVING 30YEARS AND 5 MONTHS. GOVT. SANCTIONED ME PENSION IN THE RATIO OF 30/33.MY CONTENTION IS THAT MY SERVICE SHOULD BE CONSIDERED FOR 30 YEARS AND FIVE MONTHS OR SAY NEAREST EQUAL TO THIRTY AND HALF YEARS.,MAKING IT EQUAL TO 61 HALF YEARLIES INSTEAD OF 60 HALF YEARLIES AS IN PRESENT REMITTANCE OF PENSION TO ME.THIS DIFFERENCE ADDS TO MY PENSION NEARLY RS.349/PER MONTH PLUS ADDITIVE D.A,TOTALLING ABOUT RS. 5000/PER ANNUM. IN ROUTINE GOVT. OF RAJASTHAN SET ASIDES MY CONTENTION,BASED ON THE USE OF PREVALENT PRACTICE OF COUNTING WHOLE YEAR AT THAT TIME.MY REQUEST TO THEM IS BASED ON SIMPLE PRINCIPLE OF ARITHMATIC/PRACTICE PREVALENT IN BANKING /FINANCE THAT 60.83 HALF YEARLIES MUST COUNTED EQUIVALENT TO 61 HALF YEARLY RATHER THAN 60 HALF YEARLY. KINDLY GUIDE ME WITH LEGAL POSITION.
Guest (Expert) 09 March 2009
Sir,

I totally agree with your logic. But the problem is, there might be some provision in Rajasthan State Service Pension Rules, which says any months below 6 shall be ignored and any months more than 6 shall be treated fully as 12 months. Because I have seen such provisions in gratuity Act and in pension rules of some states.
My advice is to go through the provisions of pension rules of Rajasthan State Government. If you find such provision, which I narrated above, do not feel disheartened. As it is crule to include such provision to the detriment of interest of public servants (it smells of infringement of "right to life" and also violation of some directive principles (state protection to old people), you go ahead and challenge the administrative action in writ jurisdiction. I frankly tell you there is a lot of merit in your contention and I hope you succeed. Best wishes.
Shashikant V. Patil (Expert) 13 March 2009
Also there are a pension adalats held for those who are having grivances about their pension query. Hence you may put up the same query/suggession on that platform.


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