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aircraft   06 April 2016

No reply or response from govt dept

I have given several letters for special voluntary retirement (SVRS) to my department.Even though DOPT surplus rules provide provision for SVRS, my dept did not offer it (it is clarified that according to rules the dept must offer special volutary retirement).

to opt SVRS I sought clarification from dept regarding the benefits of SVRS in june 2015 but no reply for the letter. Later a reminder was sent about a month later but no response to this reminder.

As surplus rule set specific time limit to opt SVRS I was forced to opt the SVRS as any delay for waiting for reply would have time barred the SVRS application. This was in Aug 2015. (The rules explicitly say that if any request of SVRS is made it has to be processed expeditiously) It has been about 8months, But again no reply or response to SVRS application. 

now what next as dept has turned deaf for my requests?

Note: I live in Bangalore.



Learning

 7 Replies

slakshmanrao (accounts officer)     07 April 2016

Application for Voluntory Retirement has to be processed through Head Of Office to the appointing authority for acceptance.A revised application together with a copy of the earlier application can now be submitted for specific recommendation of Head Of Office, and for onward transmission to the Concerned Appointing authority.!!! Proper Channel!!! has to be established.

Sudhir Kumar, Advocate (Advocate)     12 April 2016

you have not at all state whether you are declared surplus or not and what is the lenght of service.

aircraft   13 April 2016

Yes, I am a surplus employee with 16.5 years of qualifying service(QS).

The additional question is: (kindly refer ccs pension rule 1972- rule 29A, 36b, 48A/6a, 49(2) )

wether I will be elegible for full pension as under rule 49(2) of ccs pension rules with 10yrs of QS and less than 20yrs of QS.(Rule 48A/6a specifically exclude surplus vrs optees from having 20yrs of qualifying service. and Rule 49(2) categorically says .... retiring under the provision of these rules... mimimum 10yrs of qualifiying service)

The interpretation doubt is...

Can rule 49(2) with 10yrs of QS be interpreted in following manner --- 49(2) provision applies to retirement happening only to cases of superannuation and no other cases. (This type  of interpretaion is held is court several times as only surperannuation is premitted under 49(2) but no where mentioned in 49(2))

In case of  rule 48A/6a it clearly excludes surplus employees from having 20yrs minimum service for retirement.

Again.. Will retirement under ccs pension rule entitle a person for pension under it?does the word retirement mean the employee is entitled for pension ( Generally this is the course courts take and they clearly differentiate each thing seperatley and looks for rule behind each objects that they differenciate)

To sum up in mathematical terms of set theory... Retirement is a universal set, while pension is a subset of universal set. Right of universal set does not confer right to subset while right to subset obviously entitles for universal set. (to illustrate: Rivers are universal set and kaveri river is a subset. Entitlement for River doesnot guarntee kaveri river but entitlement for kaveri river guarntees River and kaveri river in particular.) 

In the facts above can any one clarify the entitlement of pension with 10yrs of QS and less than 20yrs of QS as applicable to surplus employees seeking Special voluntary retirement.

 

 

Sudhir Kumar, Advocate (Advocate)     27 June 2016

refer reply of Mr Dhingra at

 

https://www.lawyersclubindia.com/forum/Minimum-pension-qulaifying-service-under-ccs-pension-rule-135733.asp

slakshmanrao (accounts officer)     27 June 2016

VRS is a scheme  which is normally considered on medical grounds alone which has to be processed through properchannel  to the Appointing Authorities with  a copy of Medical  certificate.In other cases as  a policy the Voluntory Retirement  are not recognised as a policy of the Central  Government,.Hence the claim has to be reprocessed accordingly for intital acceptance by the competent authorities,,,This is the existing practice available with  central Government Organisations....As far as state(s) are concerned  no comments are  made.......

Kumar Doab (FIN)     27 June 2016

Why to repeat?

Sudhir Kumar, Advocate (Advocate)     28 June 2016

Originally posted by : slakshmanrao
VRS is a scheme  which is normally considered on medical grounds alone which has to be processed through properchannel  to the Appointing Authorities with  a copy of Medical  certificate.In other cases as  a policy the Voluntory Retirement  are not recognised as a policy of the Central  Government,.Hence the claim has to be reprocessed accordingly for intital acceptance by the competent authorities,,,This is the existing practice available with  central Government Organisations....As far as state(s) are concerned  no comments are  made.......

Not able to agree.

 

There is nothing like VR on medical ground in Govt of India.  If one is declared medically unfit for a job, by proper medical authority after following proper procedure the the folowing options are there :-

(i) a post will be identified for him (or created supernumarary) where he can be employed for remaining part of service

 

(ii) if he is not willing for such post then he is retired on medical grounds (not VR) compulsorily (nothng volunteer) and prorate pension is paid without condition of minimum 20 years of service.

 

A Govt employeee having served for 20 years of qualifying service (having received 240 months of salary) is not required to state any reason for seeking VR.  He gets no pension unless having 20 years of service.  He gets addition of 5 years of service and allowed prorata pension.

 

The preent case is entirely different.  He is neither volunteering to retire not medically unfit.  The only thing is that the post no more exists and he is surplus.

 

 


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