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praveen (sales)     26 January 2013

Removal from govt service

hey ,

 

Please tell , I have been given the penality of removal from govt service.

Will I get the GPF, Graduity, leave salary and pension, IO had completed 18 years of service

Or, What benefits will govt pay me

 

Regards

 

Praveen



Learning

 5 Replies

Sudhir Kumar, Advocate (Advocate)     30 January 2013

GPF, -            Yes

 

Graduity, -     No

leave salary -  No

 pension      -No  (unless govt goves ex-gratia pension)

 

You will also get Gp Insurance accommulations

praveen (sales)     31 January 2013

Please tell me what is ex gratia pension

Sudhir Kumar, Advocate (Advocate)     31 January 2013

Rule 41 of CCS (pension Rules states that :-

 

41.    Compassionate allowance

(1)    A Government servant who is dismissed or removed from service shall forfeit his pension and gratuity :

    Provided that the authority competent to dismiss or remove him from service may, if the case is deserving of special consideration, sanction a compassionate allowance not exceeding two - thirds of pension or gratuity or both which would have been admissible to him if he had retired on 1[compensation pension].

(2)    A compassionate allowance sanctioned under the proviso to sub-rule (1) shall not be less than the amount of 2[Rupees three hundred and seventy-five] per mensem.

 

Sudhir Kumar, Advocate (Advocate)     31 January 2013

(1)    Guiding principles for the grant of Compassionate Allowance. - It is practically impossible in view of the wide variations that naturally exist in the circumstances attending each case, to lay down categorically precise principles that can uniformly be applied to individual cases. Each case has, therefore, to be considered on its merits and a conclusion has to be reached on the question whether there were any such extenuating features in the case as would make the punishment awarded, though it may have been necessary in the interests of Government, unduly hard on the individual. In considering this question it has been the practice to take into account not only the actual misconduct or course of misconduct which occasioned the dismissal or removal of the officer, but also the kind of service he has rendered. Where the course of misconduct carries with it the legitimate inference that the officer's service has been dishonest, there can seldom be any good case for a compassionate allowance. Poverty is not an essential condition precedent to the grant of a compassionate allowance, but special regard is also occasionally paid to the fact that the officer has a wife and children dependent upon him, though this factor by itself is not, except perhaps in the most exceptional circumstances, sufficient for the grant of a compassionate allowance.

[G.I., F.D., Office Memo. No. 3(2)-R-II/40, dated the 22nd April, 1940.]

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Sudhir Kumar, Advocate (Advocate)     31 January 2013

This limitof Rs 375 was fixed in 1988 prior to 5th Pay Commission


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