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Raomachilipatnam (LDC)     23 August 2012

Reemployement and min service for pension

Dear Sir/Madam, I am an exservicemen after completiing 20 years of service, I am getting pension from defence side. At the age of 42 years, I joined in Central Govt Job and completed more than 10 years service in the present Govt Job. Now, my request to all experts is that : as per CCSPension Rules, 1972, Rule 18, 19 and 49, can I be eligible for Pension, in case I take VR or resignation. As per Rule 18 & 19, an reemployed person, being released on any ground on completion of 10 years of service is eligible for Pro rata pension. I would request experts to kindly go through Rule 18 & 19 minutely as it is clearly mentioned that" ceases to be in service for any reason in service"(Rule 18, sub clause 3, also applicable for ex-servicemen (sub clause 5), make eligible for reemployed pensioner to continue existing pension and also allow prorata pension for their second spel of serivice.

Now, my present age is 52 years and due to my personal reasons, I would like to be cease to be in services and request for pro rata pension.
Kindlyly clarify whether I am eligible for prorata pension as per Rule 18, note 2,3 and 5.


 

Thanks and Regards,

 PSP

 



 



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 3 Replies

Anish Thakur 7018812737 (advocate)     23 August 2012

dear querist ,

as per my satisfaction the re employment of any ex serviceman from army is counted as the time he served in the army and the time he joined the second govt job ,in central services the minimum service for geting the pension benefits are 16 years of service with dignity and full duties,but the completion of 10 years service in the new job plus the service done in army ,you will also get the service benefits of army in promotion and increment as per the ccs rules.feel freeto call if you left with any query.

Sudhir Kumar, Advocate (Advocate)     26 August 2012

Have you counted the the defence service to be clubbed by surrender of pension and gratuity received from defence.

Raomachilipatnam (LDC)     26 August 2012

Dear Sir,

No.  I did not surrender my pension and gratuity from defence side while joining in Central Govt..

For more clarity I am , an extract of Rule 18 is appended below : (Note)

3. Re-employed Government servants, who in respect of the second spell of their service have rendered 20 (now 10) years' temporary service before attaining the age of superannuation or who expect to complete 20 (now 10) years' service at the time of attaining the age of superannuation, shall be eligible to exercise option under sub-rule (1) of Rule 18 of the CCS (Pension) Rules, 1972. If such a Government servant after exercising the option but before attaining the age of superannuation, ceases to be in service for any reason, the option exercised shall be treated as null and void. If the Government servant concerned opts for the alternative (a) of sub-rule (1) of Rule 18 ibid, i.e., to continue to draw the pension (or to retain the gratuity) sanctioned for his earlier service, he shall continue to draw pension for the earlier service in addition to the pension earned for the second spell of service. If he opts for the alternative (b) of sub-rule (1) of Rule 18 ibid, i.e., to cease to draw the pension or refund the gratuity, including the retirement gratuity, if any, as the case may be, and to opt to count the previous service as qualifying service, he will draw only one pension based on the sum total of his previous qualifying service and the subsequent spell of service. The amount of pension including gratuity, if any, to be refunded by the Government servant, shall be determined by the Head of Office in accordance with the provisions of Clause (b) of sub-rule (1) of Rule 18 of the CCS (Pension) Rules, 1972.

 

4. The option referred to in the preceding paragraph may be exercised at the time of completing the application for pension in the form prescribed for the purpose (Form 5), i.e., about eight months prior to attaining the age of superannuation. if no option is exercised within the aforesaid period, the Government servant concerned shall be deemed to have opted for the alternative (a) of sub-rule (1) of Rule 18 of the CCS (Pension) Rules, 1972, in which case he will draw pensions for both spells of service separately.

 

5. The provisions of paragraphs 2, 3 and 4 above shall also apply to a military pensioner who is re-employed in a civil service or civil post and completes not less than 20 (now 10) years' temporary service before attaining the age of superannuation. Such a pensioner will exercise option under Rule 19 of the CCS (Pension) Rules, 1972, in the right of the position stated in paragraphs 2,3 and 4 above.

[G.I., Dept. of Per. & A.R., O.M. No. 38/5/81-Pension Unit, dated the 5th March, 1982.]

I would request all the Senior Legal Officers to kindly advise me whether I am eligible for pension as per Rule 18 and 19 of pension rules 1972.

Thanks and Regards,

PSP


 

 

 


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