VK (Finance) 04 September 2025
P. Venu (Advocate) 04 September 2025
Facts posted suggested that he had abandoned the service.
Anuhow, has he applied for pension? What is the response from the authorities?
T. Kalaiselvan, Advocate (Advocate) 05 September 2025
Under Rule 26 of CCS (Pension) Rules, resignation or “deemed resignation” (including overstay beyond leave without permission) results in forfeiture of past service, unless the competent authority condones the break.
No rule allows an employee to remain on leave (especially without pay) for 15 years.
If the person did not serve during that period, it is treated as unauthorized absence or deemed resignation. In such case, the earlier 25 years of service are forfeited, and pension is not admissible.
Only if the employee officially retired or was allowed to retain lien and the leave was regularized by the Government, can he/she claim pension for the qualifying service already rendered.
VK (Finance) 05 September 2025
They confirmed he is Still showing on a long leave. But he is trying for his pension. Can you help me with what are the steps to avail his pension. He has worked for 25 years. There is got to be someway here. Please help.
Dr. J C Vashista (Advocate ) 05 September 2025
As found from internet the term "Long leave" refers to an extended absence from work for a significant period, often for personal reasons, travel, or long-term health conditions, and can also specifically mean long service leave or an authorised leave of absence.
The definition can vary, but it generally implies a duration beyond regular vacation or short sick leave and may be paid or unpaid, depending on the employer's policy or specific legislation.
Did your father apply and granted "long leave" ? If so, rule is different and if no, rule is different.
Sudhir Kumar, Advocate (Advocate) 05 September 2025
AGREEING WITH THE ABOVE VIES OF THE XPERS I WILL ADD AS UNDER :-
You have probably not understood the case and are using wrong terms .
There is absolute necessity for you to know that what the facts are.
Facts so far shared by you clearly indicate has done a series of misconducts:-
(i) absent without leave.
(ii) Left India without permission.
(iii) Sought VISA without prior approval.
(iv) Sought another source of income while under Govt service.
(v) Solicited job under foreign employer without prior permission.
(vi) Joined job under foreign employer without prior permission.
( ) Not known whether he applied for passport with permission or not.
Most of these are series misconducts.
You are saying that the department is treating him on rolls. It is not known whether if he is on the rolls the why/how he should be expecting a pension.
You are saying that they are treating him as on leave. In this regard you have not referred to any letter communication from deptt. Your expression also does appear to be well founded as if someone is being shown on “leave” then he can curtail the leave and join.
You are saying that they are treating him as on leave. God knows under which provision the department is giving a leave to a Govt servant beyond 5 years. Please check the facts and resolve misconception.
For understanding the query you (as well as your father )have to be clear of the following rules regarding Govt service :-
(i) No Central Govt servant can be absent without leave. He is liable for disciplinary action. In case the deptt has abstained from this then they can initiate if provoked.
(ii) No Central Govt servant can leave India (even to those countries where Indian national requires no passport or there is VISA on arrival without permission. He is liable for disciplinary action. In case the deptt has abstained from this then they can initiate if provoked.
(iii) No Central Govt servant can apply for VISA for another country without prior written permission. He is liable for disciplinary action. In case the deptt has abstained from this then they can initiate if provoked.
(iv)No Central Govt servant can another source of income while under Govt service. He is liable for disciplinary action. In case the deptt has abstained from this then they can initiate if provoked.
(v) No Central Govt servant can solicit job under foreign employer without prior permission. He is liable for disciplinary action. In case the deptt has abstained from this then they can initiate if provoked.
(vi) No Central Govt servant can Join a job under foreign employer without prior permission. He is liable for disciplinary action. In case the deptt has abstained from this then they can initiate if provoked.
(vii ) No Central Govt servant can apply for passport with permission or not. He is liable for disciplinary action. In case the deptt has abstained from this then they can initiate if provoked.
(vii) NO GOVT SERVANT CANBE GRANTED ANY SORT OFCOMPMINATION OF LEAVE WITHOUT. IT IS LAST LIKELY FOR SOMEONE TO ACCUMMULATE 15 YEARS LAVE EVEN IF HE HAS SERVED FOR 25 YEARS.
(ix) Pension can be claimed by a Govt servant :-
(1) On retirement by superannuation
(2) Pn retirement due to lack of performance at the age of 50 (GpA&B) or 53 (GpC&D) years.
(3) On retirement by way of a punishment following a Disciplinary action due to any misconduct.
(4) On being physically disabled.
(5) After getting voluntary retirement if all the following is observed:-
(i) He has 20 years of regular service (not including ad-hoc/daily wager etc)
(ii) He has at least received 240 months of salary including paid leave (excluding salary without pay/absent without leave/ un regularised suspension etc).
(iii) There is no disciplinary action.[given facts indicate that he has earned series of disciplinary action and the department is yet to imitate.
(iv) He applies for Voluntarily retirement with three months notice.
(v) Voluntary retirement is sanctioned by the authority competent to appoint / dismiss him from service
Or
No such decision of rejection of aforesaid authority is received within 3 months of notice
(vi) No pension whatsoever is admissible
(6) No pension is admissible to a Govt servant:-
(i) If he is still in service. (evenif he is no attending duties and eveni))
(ii) He has resigned.
(iii) He is terminated.
(iv) His post has been abolished.
YOU MAY IF YOU SO DESIRE MEET A LAWYER WITH PAPERS.
VK (Finance) 05 September 2025
Thank you for all your responses. Its a good learning experiecne for me about the laws. I'm going to have a detailed discussion with my father about this and respond back here with further details , so i can give absolutely clarity of his case. Really respect your time and knowledge.
kavksatyanarayana (subregistrar/supdt.(retired)) 05 September 2025
When your father was going on long leave, he left abroad without the sanction of leave, with or without pay. Every government employee(state or central) shall obtain permission to go abroad. But he was not sanctioned to leave and was not permitted to go abroad. So he will not get the pension as he left the job for 15 years.