BACK13. Commencement of qualifying service
Subject to the provisions of these rules, qualifying service of a Government servant shall commence from the date he takes charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity :
Provided that officiating or temporary service is followed without interruption by substantive appointment in the same or another service or post :
Provided further that -
| (a) | in the case of a Government servant in a Group `D' service or post who held a lien or a suspended lien on a permanent pensionable post prior to the 17th April, 1950, service rendered before attaining the age of sixteen years shall not count for any purpose, and |
| (b) | in the case of a Government servant not covered by clause (a), service rendered before attaining the age of eighteen years shall not count, except for compensation gratuity. |
| *(c) | the provisions of clause (b) shall not be applicable in the cases of counting of military service for civil pension under Rule 19 |
* Inserted vide Notification No. 28/19/2001-P&PW(B) dated 11-11-2003 published as so no. 3205 in Gazette of India dated 22-11-2003.
14. Conditions subject to which service qualifies
(1) The service of a Government servant shall not qualify, unless his duties and pay are regulated by the Government, or under conditions determined by the Government.
(2) For the purposes of sub-rule (1), the expression "Service" means service under the Government and paid by that Government from the Consolidated Fund of India or a Local Fund administered by that Government but does not include service in a non-pensionable establishment unless such service is treated as qualifying service by that Government.
(3) In the case of a Government servant belonging to a State Government, who is permanently transferred to a service or post to which these rules apply, the continuous service rendered under the State Government in an officiating or temporary capacity, if any, followed without interruption by substantive appointment, or the continuous service rendered under that Government in an officiating or temporary capacity, as the case may be, shall qualify :
Provided that nothing contained in this sub-rule shall apply to any such Government servant who is appointed otherwise than by deputation to a service or post to which these rules apply.
14. GOVERNMENT OF INDIA'S DECISIONS
(1) Counting half of the service paid from contingencies with regular service. - Under Article 368 of the CSRs (Rule 14) periods of service paid from contingencies do not count as qualifying service for pension. In some cases, employees paid from contingencies are employed in types of work requiring services of whole-time workers and are paid on monthly rates of pay or daily rates computed and paid on monthly basis and on being found fit brought on to regular establishment. The question whether in such cases service paid from contingencies should be allowed to count for pension and if so, to what extent has been considered in the National Council and in pursuance of the recommendation of the Council, it has been decided that half the service paid from contingencies will be allowed to count towards pension at the time of absorption in regular employment subject to the following conditions, viz. :-
| (a) | Service paid from contingencies should have been in a job involving whole-time employment (and not part-time for a portion of the day). |
| (b) | Service paid from contingencies should be in a type of work or job for which regular posts could have been sanctioned, e.g., malis, chowkidars, khalasis, etc. |
| (c) | The service should have been one for which the payment is made either on monthly or daily rates computed and paid on a monthly basis and which though not analogous to the regular scale of pay should bear some relation in the matter of pay to those being paid for similar jobs being performed by staffs in regular establishments. |
| (d) | The service paid from contingencies should have been continuous and followed by absorption in regular employment without a break. |
| (e) | Subject to the above conditions being fulfilled, the weightage for past service paid from contingencies will be limited to the period after 1st January, 1961, for which authentic records of service may be available. |
[G.I., M.F., O.M. No. F. 12 (1)-E. V/68, dated the 14th May, 1968.]
It has been decided that half the service paid from contingencies will be allowed to be counted for the purpose of terminal gratuity as admissible under the CCS (TS) Rules, 1965, where the staff paid from contingencies is subsequently appointed on regular basis. The benefit will be subject to the conditions laid down in OM, dated the 14th May, 1968, above.
[G.I., Dept. of Per. & Trg., O.M. No. 12011/1/85-Est. (C), dated the 10th March, 1986.]
(2) Counting of service rendered in Central Government autonomous bodies before their take-over by Central Government. - 1. A question has been raised whether the service rendered in the Central Government autonomous bodies prior to their being taken over by the Central Government and who later on joined the service under the Central Government with or without break, can be allowed to be counted towards pension under the Central Government rules. At present service rendered in the Central Government autonomous bodies which are taken over by the Central Government is allowed to be counted towards pension only in respect of those employees of the Central autonomous bodies who were in the service of those bodies at the time of their being taken over by the Central Government, subject to the condition that the retirement benefits, if any, available to the employees in respect of the service rendered in the autonomous body are made over to the Central Government. The service rendered in the autonomous body in respect of those employees who were not in position at the time of the take-over of the bodies by the Central Government is not allowed to be counted towards pension.
2. It had been represented that this is causing great hardship to the concerned employees who in some cases had considerable length of service in such bodies. This question has, therefore, been carefully considered and it has been decided that the service rendered in the Central autonomous bodies by the employees who left the service of those bodies any time prior to their take-over by the Central Government, and who later on joined service under the Central Government, with or without break, will be allowed to be counted towards pension and/or gratuity to the extent admissible under the rules at the time such persons retire or retired from Government service, the period of break, if any, being condoned. This will, however, be subject to the condition that the gratuity/employer's contribution received in respect of the service rendered in the autonomous bodies will be refunded to the Government with simple interest at the rate of six per cent per annum from the date of receipt to the date of refund.
3. It has also been decided that in relaxation of the relevant rules, the orders above will be applicable in the case of the following categories of the employees referred to above :-
| (i) | Those who are still in service of the Central Government. |
| (ii) | Those who have retired from service, but are still alive and are receiving pension on the basis of the service rendered under the Government of India only. |
| (iii) | Those who have retired from service and are still alive, but did not receive any pension due to non-counting of the service rendered in the autonomous bodies prior to their joining the service under the Central Government. |
[G.I., M.F., O.M. No. F. 3 (15)-E. V (A)/76, dated the 3rd December, 1977.]
(3) No allocation of pensionary liability between Department of Central Government. - The rules in regard to allocation or sharing of the liability on account of pensionary charges of Government servants with service under more than one Department among the Departments of the Government of India including Railways, Posts and Telegraphs and Defence Departments contained in Appendix 3-B-II and B-IV to Account Code, Volume I, have been under review of the Government of India for some time. After consideration of the various issues and keeping in view the need for simplifying inter-departmental adjustments it has been decided to dispense with the system of allocation of pension. The liability for pension including gratuity will be borne in full by the Department to which the Government servant permanently belongs at the time of retirement. No recovery of proportionate pension need be made from other Central Department under whom he had served.
It has been decided to extend the above provisions to the Union Territory Governments with or without legislature. Accordingly, there will be no allocation of leave salary/pension contribution among Central Government departments including Railways, P & T, Defence and Union Territory Governments with or without legislature.
Clarification. - The term pension may be treated as including interim/ad hoc relief on pension for the above purpose.
[G.I., M.F., O.M. No. F. 2 (117)/76/SC, dated the 26th December, 1977 and Joint Controller-General of Accounts, O.M. No. S. 11031/1/78/TA/725, dated the 23rd February, 1979.]
The above provision shall also cover cases of all Government servants (temporary/quasi-permanent/permanent), who have rendered technical resignation on their selection for service in another department (including Railways/P & T/Defence Departments) within the Government of India and hence the question of allocation of pension (or incidence of leave salary) between such Departments would not arise.
[G.I., M.F., Controller-General of Accounts, O.M. No. S. 11031/1/80/TA/1494, dated the 21st April, 1980.]
(4) Allocation of leave salary and pension contribution between Central and State Governments and between two State Governments dispensed with. - 1. The Government of India appointed a Committee to review the existing General Financial Rules and Treasury Rules and Account Code, Volume I and to make conceptual suggestions for their revision so as to simplify and rationalise these rules. The Committee in Chapter 5 of its Second Report has examined the existing system of allocating the liability on account of leave salary and pensionary charges of the Government servants who have served under the Central Government and State Governments as contained in Appendix 3-B-II and B-IV to Account Code, Volume I and made the following recommendations :-
| (a) | The practice of realising leave salary contributions may be dispensed with altogether as this is a very small fraction of amounts payable to State Governments on account of deputation of their officers to the Central Government. |
| (b) | Recovery of leave/pension contributions in respect of inter-State transactions, which must be few and far between and could be given up. |
| (c) | In regard to pensionary liability the Central Government may forgo any contribution recoverable from State Governments and to whom Central Government Officers are deputed. |
| (d) | In lieu of Central Government liability towards pension of State Government Officers (mainly All India Service Officers) who are deputed to Centre for varying spells an ad hoc grant payable to each State Government may be worked out at the beginning of the financial year and disbursed to them in one lump sum as Grant-in-aid (Non-Plan) on the basis of a simple formula which takes into account cadre strength, and average length of deputation of All India Service Officers to Central Government. |
2. Pursuant to the above, it has been decided in consultation with the State Governments to dispense with the system of allocation of leave salary and pension between Central and State Governments as specified below :-
| (a) | Leave Salary. - The existing system of allocation or sharing of the liability on account of leave salary contributions by Central Government to State Governments or vice versa will be dispensed with. The liability of leave salary will be borne in full by the Department from which the Government servant proceeds on leave, whether it be his parent Department or a borrowing Department with whom he is on deputation. |
| (b) | Pension. - The liability for pension including gratuity will be borne in full by the Central/State Department to which the Government servant permanently belongs at the time of retirement. No. recovery of proportionate pension will be made from Central/State Government under whom he had served. |
| (c) | Contributory Provident Fund. - The liability for Government contributions will be borne by the Parent Department of the Central or State Government and no share of contributions will be recovered from any borrowing Department. |
3. It has also been proposed to extend the above provisions to exchange of officers between two State Governments. Accordingly, there will be no allocation of leave salary/pension contribution among the Departments of the various State Governments.
4. These orders will take effect from 1-4-1987 and will apply to all cases of leave salaries with pensions sanctioned on or after that date.
5. This issues with the concurrence of the Comptroller and Auditor-General of India vide his UO No. 114-AC. I/163-86, Vol. II, dated 3-10-1986.
[G.I., M.F., C.G.A., O.M.No. 14 (5)/86/TA/1029, dated the 9th October, 1986.]
Clarification. - References are being received from Union Ministries/Departments as also the State Governments in regard to the applicability of the above OM to Government employees (temporary/permanent), moved from Central Government to State Governments and vice versa in terms of the Department of Per. & AR, OM No. 3 (20)/Pen. (A)/79, dated 31-3-1982 The matter was taken up with the Ministry of Personnel, Public Grievances and Pension (Department of Pension and Pensioners' Welfare), who have since clarified this point as under -
"The Controller-General of Accounts, OM No. 14 (5)/86/TA/1929, dated 9-10-1986, seeks to dispense with the system of sharing pension liability between Centre and State Governments as contemplated in Appendix 3-B-IV of Account Code, Volume I. It would, therefore, be naturally applicable to all cases where the system of apportionment of pension liability was in vogue prior to its issue, i.e., in respect of both permanent and temporary employees of the Central/State Government, as the case may be."
[G.I., M.F., C.G.A., O.M. No. 14 (5)/86/TA/1112, dated the 5th December, 1989.]
(5) Counting of temporary service under the State/Central Governments. - 1. The Government of India have been considering in consultation with the State Government, the question of sharing on a reciprocal basis, the proportionate pensionary liability in respect of those temporary employees who had rendered temporary service under the Central Government/State Governments prior to securing posts under the various State Governments/Central Government on their own volition in response to advertisements or circulars, including those by the State/Union Public Service Commissions and who are eventually confirmed in their new posts. It has since been decided in consultation with the State Governments that proportionate pensionary liability in respect of temporary service rendered under the Central Government and State Governments to the extent such service would have qualified for grant of pension under the rules of the respective Government, will be shared by the Governments concerned, on a service share basis, so that the Government servants are allowed the benefit of counting their qualifying service both under the Central Government and the State Governments for grant of pension by the Government from where they eventually retire. The gratuity, if any, received by the Government employee of temporary service under the Central or State Governments will, however, have to be refunded by him to the Government concerned.
2. The Government servants claiming the benefit of combined service in terms of the above decision are likely to fall into one of the following categories :-
| (1) | Those who having been retrenched from the service of Central/State Governments secured on their own employment under State/Central Governments either with or without interruption between the date of retrenchment and date of new appointment; |
| (2) | Those who while holding temporary posts under Central/State Governments apply for posts under State/Central Governments through proper channel with proper permission of the administrative authority concerned; |
| (3) | Those who while holding temporary posts under Central/State Governments apply for posts under State/Central Governments direct without the permission of the administrative authority concerned and resign their previous posts to join the new appointments under State/Central Governments. |
The benefit may be allowed to the Government servants in categories (1) and (2) above. Where an employee in category (2) is required for administrative reasons, for satisfying a technical requirement, to tender resignation from the temporary post held by him before joining the new appointment, a certificate to the effect that such resignation had been tendered for administrative reasons and/or to satisfy a technical requirement, to join, with proper permission, the new posts, may be issued by the authority accepting the resignation. A record of this certificate may also be made in his service book under proper attestation to enable him to get this benefit at the time of retirement. Government servant in Category (3) will obviously, not be entitled to count their previous service for pension.
3. The above arrangement will not apply to the employees of the Governments of Jammu and Kashmir and Nagaland.
4. These orders come into force with effect from the date of issue and cases of all such Government servants retiring on this date and thereafter will be regulated accordingly.
[G.I., Dept. of Per. & A.R., Letter No. 3 (20)/Pen. (A)/79, dated the 31st March, 1982, addressed to all State Governments except Jammu and Kashmir and Nagaland.]
NOTE. - Sharing of pension liability between Central and State Governments has since been dispensed with from 1-4-1987. .
(6) Special provision in the case of these State Government servants appointed to Central Service Group 'A'. - According to the existing instructions, the benefit of counting of pension the continuous temporary service under the State Government immediately preceding the service under the Central Government will not be allowed to those who secure jobs to the Centre on their own volition in response to advertisements or circulars including those by UPSC.
2. It has been observed in this connection that the position of All India Service officers under the relevant rules is different. If State Government employees are successful in the competitive examinations and are appointed to Indian Administrative Service/Indian Police Service/Indian Forest Service, they get the benefit of their past service for pension under Rule 8 (2) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958. In case such an officer allotted to the cadre of a State different to the one in which temporary service has been rendered, such service counts subject to the concurrence of the concerned State Government. As against this, persons appointed to Central Service Group `A' like IA and AS, IRS, etc., do not get the benefit of their past temporary service rendered in a State for pension. This position is discriminatory. It has been decided that the service rendered by temporary State Government servants who are appointed to Central Service Group `A' as a result of competitive examination held by UPSC, will also count towards pension on the lines of the concessions admissible in the case of All India Service officers as explained above. ***
3. The arrangements envisaged in para. 2 above will not apply to the employees belonging to the State Governments of West Bengal, Madhya Pradesh, Tamil Nadu, Tripura and Maharashtra as Governments of these States have not agreed to the arrangements mentioned in para. 2 above.
[G.I., M.F., O.M. No. F. 3 (38)-E. V (A)/74, dated the 30th June, 1976.]
(7) Counting of service under State Governments - sharing of pension liability dispensed with. - The orders contained in this Department's Letter No. 3 (20)/Pen. (A)/79, dated 31-3-1982 (Decision (6) above) and Ministry of Finance O.M. No. 3 (38) E. V (A)/74, dated 30-6-1976 lay down the procedure for counting of the service rendered by a Central Government employee in State Governments. This reciprocal arrangement is, however, not applicable in the case of certain specified State Governments.
2. A doubt has been expressed in the above context about the applicability of the orders contained in Ministry of Finance O.M. No. 14(5)/86/TA/1029, dated 9-10-1986 which dispenses with the sharing of pension and leave salary liability between Central and State Governments. The matter has been considered in consultation with the Ministry of Finance (Department of Expenditure), Controller-General of Accounts. It is clarified that according to the provisions of Part-A (Introductory) of Appendix 5 to Government Accounting Rules, 1990 the liability for pension including gratuity should be borne in full by the Central/State Governments to which the Government servant permanently belongs at the time or retirement. These provisions do not exempt any State Government from the applicability of the reciprocal arrangement which dispenses with sharing of pension liability. However, in the matter of processing proposals for counting of service rendered by an employee in the State Government, the procedure laid down in O.M., dated 31-3-1982 (Decision (6) above) and 30-6-1976 (Decision (7) above) would continue to be followed.
3. Ministry of Defence, etc., are requested to clarify this position to all concerned authorities under their administrative control.
[G.I., Dept. of Pen. & Pen. Welfare, O.M. No. 28/10/95-P & PW (B), dated the 25th October, 1996.]
15. Counting of service on probation -
Service on probation against a post if followed by confirmation in the same or another post shall qualify.
16. Counting of service as apprentice -
Service as an apprentice shall not qualify, except in the case of SAS apprentice in the Indian Audit and Accounts Department or the Defence Accounts Department.
17. Counting of service on contract -
(1) A person who is initially engaged by the Government on a contract for a specified period and is subsequently appointed to the same or another post in a substantive capacity in a pensionable establishment without interruption of duty, may opt either :-
| (a) | to retain the Government contribution in the Contributory Provident Fund with interest thereon including any other compensation for that service ; or |
| (b) | to agree to refund to the Government the monetary benefits referred to in Clause (a) or to forgo the same if they have not been paid to him and count in lieu thereof the service for which the aforesaid monetary benefits may have been payable. |
(2) The option under sub-rule (1) shall be communicated to the Head of Office under intimation to the Accounts Officer within a period of three months from the date of issue of the order of permanent transfer to pensionable service, or if the Government servant is on leave on that day, within three months of his return from leave, whichever is later.
(3) If no communication is received by the Head of Office within the period referred to in sub-rule (2), the Government servant shall be deemed to have opted for the retention of the monetary benefits payable or paid to him on account of service rendered on contract.
Note : (Refer order on rate
of interest payable on delayed payment of DCRG and rate of interest chargeable
on refund of pensionary benefits already drawn, in connection with counting of
past service under CCS (Pension) Rules, 1972 and Department of Pension &
Pensioners’ Welfare OM No. 28/10/84-PU dated 29.8.1984 as amended from time to
time – reg.vide DP&PW
O.M. no. 38/34/2001-P&PW(F) dated 29-4-2002)
18. Counting of pre-retirement civil service in the case of re-employed Government servants :
(1) A Government servant who, having retired on compensation pension or invalid pension or compensation gratuity or invalid gratuity, is re-employed and appointed substantively to a service or post to which these rules apply may exercise option either -
| (a) | to continue to draw the pension or retain the gratuity sanctioned for his earlier service, in which case his former service shall not count as qualifying service, or | ||
| 1[(b) | to cease to draw his pension and refund - Footnote :1. Substituted by G.I., M.H.A., Dept. of Per. & A.R., Notification No. 6 (1)-Pen. (A)/80, dated the 30th July, 1981. |
||
| (i) | the pension already drawn, | ||
| (ii) | the value received for the commutation of a part of pension, and | ||
| (iii) | the amount of 1[retirement
gratuity] including service gratuity, if any,
Footnote :1. Substituted by G.I., Dkept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988. Published as S.O. No. 2388 in the Gazette of India, dated the 6th August, 1988. |
||
and count the previous service as qualifying service :
Provided that -
| (i) | the pension drawn prior to the date of re-employment shall not be required to be refunded, |
| (ii) | the element of pension which was ignored for fixation of his pay including the element of pension which was not taken into account for fixation of pay shall be refunded by him, |
| (iii) | the element of pension equivalent of gratuity including the
element of commuted part of pension, if any, which was taken into account for fixation of
his pay shall be set off against the amount of 1[retirement
gratuity] and the commuted value of pension and the balance, if any, shall be refunded by
him.
Footnote :1. Substituted by G.I., Dkept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988. Published as S.O. No. 2388 in the Gazette of India, dated the 6th August, 1988. |
EXPLANATION. - In this clause, the expression `which was taken into account' means the amount of pension including the pension equivalent of gratuity by which pay of the Government servant was reduced on initial re-employment, and the expression `which was not taken into account' shall be construed accordingly.]
| (2) | 2(a) | The authority issuing the order of substantive appointment to
a service or post as is referred to in sub-rule(1) shall along with such order require in
writing the Government servant to exercise the option under that sub-rule within three
months of the date of issue of such order, or if he is on leave on that day, within three
months of his return from leave, whichever is later and also bring to his notice the
provisions of Clause (b).
Footnote :2. Substituted by G.I., M.F., Notification No. F.3 (6)-E. V (A)/75, dated the 24th February, 1976. |
| (b) | If no option is exercised within the period referred to in Clause (a), the Government servant shall be deemed to have opted for Clause (a) of sub-rule (1). |
(3) In the case of a Government servant who opts for Clause (a) of sub-rule (1) the pension or gratuity admissible for his subsequent service is subject to the limitation, that service gratuity, or the capital value of the pension and 1[retirement gratuity], if any, shall not be greater than the difference between the value of the pension and 1[retirement gratuity] if any, that would be admissible at the time of the Government servant's final retirement if the two periods of service were combined and the value of retirement benefits already granted to him for the previous service.
Footnote :1. Substituted by G.I., Dkept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988. Published as S.O. No. 2388 in the Gazette of India, dated the 6th August, 1988.
Note:- The capital value of pension shall be calculated in accordance with the table prescribed by the President under the * Civil Pension (Commutation) Rules applicable at the time of the second or final retirement.
| (4) | (a) | A Government servant who opts for Clause (b) of sub-rule (1) shall be required to refund the gratuity received in respect of his earlier service, in monthly instalments not exceeding thirty-six in number, the first instalment beginning from the month following the month in which he exercised the option. |
| (b) | The right to count previous service as qualifying service shall not revive until the whole amount has been refunded. |
(5) In the case of a Government servant, who, having elected to refund the gratuity, dies before the entire amount is refunded, the amount of unrefunded gratuity shall be adjusted against the 1[death gratuity] which may become payable to his family.
GOVERNMENT OF INDIA'S DECISION
Re-employed pensioner in receipt of invalid/compensation pension entitled to option under Rule 18 on rendering not less than/expected to complete twenty (now ten) years' temporary service in re-employed post. - According to Rule 10 (1-B) of CCS (TS) Rules, 1965, a Government servant who on his retirement from service on attaining the age of superannuation or on his being declared to be permanently incapacitated for further service by the appropriate medical authority after he has rendered temporary service of not less than 20 (now 10) years, shall be brought within the purview of the CCS (Pension) Rules, 1972 and the condition of holding a pensionable post in a substantive capacity shall be dispensed with in his case.
Footnote * - Now Central Civil Services (Commutation of Pension) Rules, 1981
2. Cases can occur where a permanent Government servant who has been granted invalid pension under Rule 38 or compensation pension on abolition of permanent post under Rule 39 of the CCS (Pension) Rules, 1972, at a comparatively younger age, is re-employed subsequently and after rendering temporary service of not less than 20 (now 10) years is either declared to be permanently incapacitated for further service, or finally retires from service on attaining the age of superannuation. Such a servant will become eligible to earn a second pension in respect of his temporary service. A question arises whether such a person will be eligible to exercise the option available to a re-employed pensioner under sub-rule (1) of Rule 18 of the CCS (Pension) Rules, 1972, which is to be exercised by a re-employed pensioner within three months of his confirmation in a permanent post. The exercise of such option enables him either -
| (a) | to continue to draw the pension (or to retain the gratuity sanctioned for earlier service) in which case his former service shall not count as qualifying service ; or |
| (b) | to cease to draw his pension and refund the pension and pensionary equivalent of retirement benefits already drawn, in which case the previous service will count as qualifying service. |
The condition of holding a post in a substantive capacity for the purpose of eligibility to pension having been relaxed in the case of a Government servant retiring on superannuation pension or on being declared to be permanently incapacitated for further service, after rendering temporary service of not less than 20 (now 10) years, the said condition may also be deemed to be relaxed for the purpose of bringing such a person within the ambit of Rule 18 of the CCS (Pension) Rules, 1972. Therefore a Government servant in receipt of invalid or compensation pension in respect of his earlier service, if subsequently re-employed in a pensionable post and retiring as aforesaid will be eligible to exercise option under sub-rule (1) of Rule 18 of the CCS (Pension) Rules, 1972.
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.]
19. Counting of military service rendered before civil employment
(1) A Government servant who is re-employed in a civil service or post before attaining the age of superannuation and who, before such re-employment, had rendered military service, may, on his confirmation in a civil service or post, opt either -
| (a) | to continue to draw the military pension or retain gratuity received on discharge from military service, in which case his former military services shall not count as qualifying service; or | |
| 2(b) | to cease to draw his pension and refund -
Footnote : 2. Substituted by G.I., M.H.A., Dept. of Per. & A.R., Notification No. 6 (1)-Pen. (A)/80, dated the 30th July, 1981. |
|
| (i) | the pension already drawn, and | |
| (ii) | the value received for the commutation of a part of military pension, and | |
| (iii) | the amount of 3[retirement
gratuity] including service gratuity, if any,
Footnote : 3. Substituted vide G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988. Published as S.O. No. 2388 in the Gazette of India, dated the 6th August, 1988. |
|
and count previous military service as qualifying service, in which case the service so allowed to count shall be restricted to a service within or outside the employee's unit or department in India or elsewhere which is paid from the Consolidated Fund of India or for which pensionary contribution has been received by the Government :
Provided that -
| (i) | the pension drawn prior to the date of re-employment shall not be required to be refunded. | |
| (ii) | the element of pension which was ignored for fixation of his pay including the element of pension which was not taken into account for fixation of pay on re-employment shall be refunded by him, | |
| (iii) | the element of pension equivalent of gratuity including the
element of commuted part of pension, if any, which was taken into account of fixation of
pay shall be set off against the amount of 1[retirement
gratuity] and the commuted value of pension and the balance, if any, shall be refunded by
him.
Footnote : 1. Substituted vide G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 30th July, 1988. Published as S.O. No. 2388 in the Gazette of India, dated the 6th August, 1988. |
EXPLANATION. - In this clause, the expression `which was taken into account' means the amount of pension including the pension equivalent of gratuity by which the pay of the Government servant was reduced on initial re-employment, and the expression `which was not taken into account' shall be construed accordingly.
| (2) | 2(a) | The authority issuing the order of substantive appointment to a civil
service or post as is referred to in sub-rule (1) shall along with such order require in
writing the Government servant to exercise the option under that sub-rule within three
months of date of issue of such order, if he is on leave on that day, within three months
of his return from leave, whichever is later and also bring to his notice the provisions
of Clause (b).
Footnote : 2. Substituted by G.I., M.F., Notification No. F. 3 (6)-E. V (A)/75, dated the 24th February, 1976. |
| (b) | If no option is exercised within the period referred to in Clause (a), the Government servant shall be deemed to have opted for Clause (a) of sub-rule (1) | |
| (3) | (a) | A Government servant, who opts for Clause (b) of sub-rule (1) shall be required to refund the pension, bonus or gratuity received in respect of his earlier military service, in monthly instalments not exceeding thirty-six in number, the first instalment beginning from the month following the month in which he exercised the option. |
| (b) | The right to count previous service as qualifying service shall not revive until the whole amount has been refunded. |
(4) In the case of a Government servant, who, having elected to refund the pension, bonus or gratuity, dies before the entire amount is refunded, the unrefunded amount of pension or gratuity shall be adjusted against the 3[death gratuity] which may become payable to his family.
Footnote : 3. Substituted by G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W., (PIC), dated the 20th July 1988. Published as S.O. No. 2388 in the Gazettee of India dated the 6th August, 1998.
(5) When an order is passed under this rule allowing previous 1[ ] military service to count as part of the service qualifying for civil pension, the order shall be deemed to include the condonation of interruption in service, if any, in the military service and between the military and civil services.
Footnote : 1. The word `regular' omitted by G.I., M.H.A., Dept. of Per. & A.R., Notification No. 6 (1)-Pen. (A)/80, dated the 30th July, 1981.
2NOTE.
Footnote : 2. Omitted by G.I., M.H.A., Dept. of Per. & A.R., Notification No. 6 (1)-Pen. (A)/80, dated the 30th July, 1981.
19. GOVERNMENT OF INDIA'S DECISIONS
(1) Re-employed military pensioners should exercise option under Rule 19 (1) within one year from the date of re-employment. - Under Rule 19 (1) of the CCS (Pension) Rules, 1972, a Government servant who is re-employed in a civil service or post is required to give an option at the time of his confirmation in the civil post whether he would like to get past military service counted for pension in the civil post whether he would like to get past military service counted for pension in the civil post or service. The Government had issued orders vide OM No. 38/16/Pension Unit/80, dated the 30th December, 1980, allowing the Government servants to get pension after completion of twenty years of service either on invalidation or superannuation. In pursuance of Government decisions on the recommendations of the Fourth Central Pay Commission, the Government has further decided vide OM No. 2/4/87-PIC, dated the 14th April, 1987, that a Government servant will get pension under the CCS (Pension) Rules, either on superannuation or on invalidation after rendering ten years of temporary service in the Government. In view of the relaxation allowed recently to temporary Government servants, the matter has been engaging attention of the Government to allow benefit under Rule 19 (1) of the CCS (Pension) Rules, 1972, also to Government servant who retire on superannuation without confirmation. It has been decided that all those Government servants who retire on superannuation or invalidation without confirmation after rendering not less than ten years of combined military and civil service shall be entitled to the benefit of counting of service under Rule 19 (1). The provision of Rule 19 (1) may be deemed to have been modified accordingly. Necessary amendment to the Rule will be issued in due course.
2. It has also been decided that a Government servant applying for counting of service under Rule 19 (1) may be allowed to exercise option for the same within a period of one year from the date of joining the civil service or post. The refund of pension, gratuity, etc., already drawn by such Government servants from the Military authorities shall be refunded to the Government with interest from the date of their joining the civil service. The rate of interest would be simple interest at 6% per annum [Now rate of interest as applicable to GPF deposits refer to DP&PW's O.M.No.38/34/2001-P&PW (F) dated 29-04-2002] The other conditions as mentioned under Rule 19 of the CCS (Pension) Rules, will remain unaltered.
3. In order to facilitate compliance with the requirement of exercising option in time, it has been further decided that the administrative authorities concerned should incorporate in the order of re-employment itself a clause to the effect that if the re-employed ex-serviceman desires to take advantage of the retirement benefits based on combined military and civil services, he should exercise option within a period of one year from the date of his re-employment.
4. These orders take effect from the date of issue.
[G.I., Dept. of P. & P.W., O.M. No. 28/50/87-P. & P.W., dated the 31st May, 1988 and O.M. No. 28/49/87-P. & P.W., dated the 26th February, 1988.]
(2) Counting of service in the case of civilians working in lieu of combatants. - It has been decided that the service rendered by the civilians working in lieu of combatants in the three Service Headquarters and other Defence Establishments will count for pension when followed by other pensionable civil service, in the same manner as extra-temporary establishment/casual service, subject to the normal conditions for counting casual service when followed by pensionable civil service being fulfilled.
[G.I., M.F., Defence, Letter No. 18(8)/70/4300/D(Civ.II), dated the 25th April, 1970.]
(3) Counting of service in the case of Ex-DSC personnel. - It has been decided that ex-Defence Security Corps personnel of their re-employment in any civil post will be permitted to count in full of the former service rendered by them in the Defence Security Corps for the purpose of pension and gratuity.
[G.I., Min. of Defence, Letter No. 77956/GS/DSC-2/1674/D (Civ. II), dated the 17th February, 1968 and No F. 18 (5)/75/D (Civ. II), dated the 25th July, 1978.]
(4) Counting of non-regular/purely temporary military service for civil pension. - Continuous military (non-regular/purely temporary) service not rendered in conjunction with war service in the Army, the Navy and the Air Force will count in full towards civil pension if such service is followed without interruptions by appointment to and eventual confirmation in a pensionable post in civil service. The grant of this concession is subject to the following conditions :-
| (1) | The officer concerned should not have earned a pension under the military rules in respect of the service in question. |
| (2) | In the case of services or posts in respect of which a minimum age is fixed for recruitment, no military service rendered below that age shall be allowed to count for pension. |
| (3) | If the officer has been granted any retirement gratuity in respect of such service, such gratuity shall be refundable. |
[G.I., M.F., O.M. No. F. 3 (58)-E. V (A)/61, dated the 3rd February, 1962.]
(5) Counting of Enlisted/Commissioned Military Service shown as non-pensionable/war time engagement for the purpose of civil pensions. - A question has arisen as to whether the Enlisted/Commissioned Military Service which is shown as non-pensionable by the Defence Authorities in the Certificate of Verification of Military Service, should count towards civil pension in the case of persons who are permanently appointed to civil posts.
The position is that, in the Defence Services there are no non-pensionable establishments and the service officers/personnel are either on regular or non-regular terms. Those who are on regular terms are entitled to pension/gratuity after rendering the prescribed periods of service and others who are not on regular terms are entitled to gratuity as admissible under the rules/orders in accordance with which they are engaged. Non-regular Military service when followed by service on regular terms counts for Military pension. In the circumstances, the service which is shown as non-pensionable/war time engagement is in fact non-regular (purely temporary) military service and will be allowed to count towards civil pension.
[G.I., M.F., O.M. NO. F. 3 (71)-E. V (A)/63, dated the 1st October, 1964.]
Refer DP & PW's O.M. No. 28/7/99-P&PW(B) Vol.II Dated 11-04-2001
20. Counting of war service rendered before civil employment
(1) A Government servant who, prior to his appointment in a civil service or post against war reserved or other permanent vacancy which arose for direct recruitment before the 1st January, 1948, had rendered satisfactory paid whole-time, enlisted or commissioned war service in the Armed Forces of India or in similar forces of a Commonwealth country during the period from the 3rd September, 1939 to the 1st April, 1946, which did not earn a service pension under the military rules, shall be allowed to count such service, including all kinds of leave on full rates of pay and sick leave taken during such service, as qualifying service, subject to the following conditions, namely :-
| (a) | in the case of a service or post in respect of which a minimum age is fixed for recruitment, no war service rendered below that age shall count as qualifying service ; |
| (b) | no contribution towards or share of pension earned as a result of counting war service rendered in a force of a Commonwealth country shall be claimed from the Government of that country ; |
| (c) | no refund of bonus or gratuity in respect of war service shall be demanded from the Government servant concerned. |
(2) War service rendered by a Government servant who was appointed substantively to a civil service or post against vacancies which arose after the 31st December, 1947, shall, subject to the conditions specified in sub-rule (1), be treated as military service as provided in Rule 19.
21. Counting of periods spent on leave
All leave during service for which leave salary is payable 1[and all extraordinary leave granted on medical certificate] shall count as qualifying service :
Provided that in the case of extraordinary leave 1[other than extraordinary leave granted on medical certificate] the appointing authority may, at the time of granting such leave, allow the period of that leave to count as qualifying service if such leave is granted to a Government servant -
Footnote : 1. Inserted by G.I., M.F., Notification No. F. 3 (12)-E. V (A)/73, dated the 5th September, 1973.
| (i) | Omitted by G.I., M.F., Notification No. F. 3 (12)-E. V (A)/73, dated the 5th September, 1973. |
| (ii) | due to his inability to join or rejoin duty on account of civil commotion; or |
| (iii) | for prosecuting higher scientific and technical studies. |
21. GOVERNMENT OF INDIA'S DECISIONS
(1) Need for making proper entries for treatment of extraordinary leave for pensionary benefits. - Under Rule 21 of the CCS (Pension) Rules, 1972, extraordinary leave grated on medical certificate qualifies for pension. The Appointing Authority may, at the time of granting extraordinary leave, also allow the period of such leave to count as qualifying for pension if the leave is granted to a Government servant -
| (i) | due to his inability to join or rejoin duty on account of civil commotion, or |
| (ii) | for prosecuting higher technical and scientific studies. |
Extraordinary leave taken on other grounds is treated as non-qualifying and, therefore, a definite entry is to be made in the service records to that effect. Entries regarding service being qualifying or otherwise are required to be made simultaneously with the event. Even where this is not done, it should still be possible to rectify the omission during the period allowed for preparatory action, i.e., from two years in advance of the retirement date up to eight months before retirement. At the end of that period, however (i.e., when the actual preparation of the pension papers is taken in hand), no further enquiry into past events or check of past records should be undertaken. Specific entries in the service records regarding non-qualifying periods will be taken note of and such periods excluded from the service. All spell of extraordinary leave not covered by such specific entries will be deemed to be qualifying service.
[G.I., M.F., O.M. No. F.11 (3)-E. V (A)/76, dated the 28th February, 1976 - Paragraph 3 (a).]
(2) Counting of leave taken during military service for civil pension. - Doubts have been expressed in regard to the extent to which leave taken during military service should count for civil pension. The intention is that, leave taken during military service counts as service for civil pension to the extent to which such leave would count as service for the purpose of pension if the officer concerned had been a temporary civil employee throughout.
[G.I., M.F., O.M. No. F. 3 (26)-E. V (A)/60, dated the 7th September, 1960.]
(3) Extraordinary leave granted for prosecuting higher technical and scientific studies, etc., automatically counts as qualifying service. - It has been decided that extraordinary leave sanctioned for the following purposes shall automatically count as qualifying service for pension and for increments without any further sanctions :-
| (i) | EOL granted due to inability of a Government servant to join or rejoin duty on account of civil commotion. |
| (ii) | EOL granted to a Government servant for prosecuting higher technical and scientific studies. |
[G.I., Dept. of Per. & Trg., O.M. No. 13017/20/85-Estt. (L), dated the 18th February, 1986.]
22. Counting of periods spent on training
The Government may, by order, decide whether the time spent by a Government servant under training immediately before appointment to service under that Government shall count as qualifying service.
22. GOVERNMENT OF INDIA'S DECISIONS
| Pre-appointment training period counts as qualifying service |
(1) Pre-appointment training period counts as qualifying service. - The Staff Side to the National Council (JCM) had suggested inter alia that the service rendered by an employee during the training period before his regular appointment to the grade may be treated as qualifying service for pension.
2. The request made by the Staff Side of the National Council (JCM) has been examined and it has now been decided that in respect of Groups `C' and `D' employees, who are required to undergo departmental training relating to jobs before they are put on regular employment, training period may be treated as qualifying service for pension, if the training is followed immediately by an appointment. This benefit will be admissible to all Groups `C' and `D' employees even if the officers concerned are not given the scale of pay of the post but only a nominal allowance.
3. The Ministry of Finance, etc., are requested to bring the above decision to the notice of all officers working under them including those in the attached and subordinate offices for their guidance.
4. These orders come into force with effect from 22nd December, 1983.
5. Benefit of these orders will be available to all those employees who retired on or after 22nd December, 1983.
6. No restriction is imposed on the admissibility of the above benefit to the employees who were recruited in `C' and `D' posts but retired from Groups `A' and `B' posts.
[G.I., Dept. of Per. & A.R., O.M. No. 28/32/81-Pension Unit, dated the 22nd December, 1983 ; Dept. of P. & P.W.. O.M. No. 28/37/86-P. & P.W., dated the 12th September, 1986, deleting the words `up to one year', dated the 6th June, 1989].
23. Counting of periods of suspension
Time passed by a Government servant under suspension pending inquiry into conduct shall count as qualifying service where, on conclusion of such inquiry, he has been fully exonerated or the suspension is held to the wholly unjustified ; in other cases, the period of suspension shall not count unless the authority competent to pass orders under the rule governing such cases expressly declares at the time that is shall count to such extent as the Competent Authority may declare.
23. GOVERNMENT OF INDIA'S DECISIONS
| Need of making proper entries of counting of periods of suspension |
| Suspension should be held wholly unjustified when the proceedings end with minor penalty |
(1) Need of making proper entries of counting of periods of suspension. - Rule 23 of the CCS (Pension) Rule, 1972, requires that in cases other than those in which suspension has been held to be wholly unjustified, the Competent Authority should at the appropriate time declare whether and to what extent the period of suspension will count towards the qualifying service. Specific entries in this regard in the service book/records will be taken note of at the time of reckoning qualifying service. In the absence of any specific entry, period of suspension shall be taken as counting towards the qualifying service.
[G.I., M.F., O.M. No. F. 11 (3)-E. V (A)/76, dated the 28th February, 1976 - Paragraph 3 (b).]
(2) Suspension should be held wholly unjustified when the proceedings end with minor penalty. - The Staff Side of the Committee of the National Council set up to review the CCS (CCA) Rules, 1965, had suggested that in cases where a Government servant, against whom an inquiry has been held for the imposition of a major penalty, is finally awarded only a minor penalty, the suspension should considered unjustified & full Pay & Allowances paid for suspension period. Government have accepted this suggestion of the Staff Side. Accordingly, where departmental proceedings against a suspended employee for the imposition of a major penalty finally end with the imposition of minor penalty, the suspension can be said to be wholly unjustified in terms of FR 54-B and the employee concerned should, therefore, be paid full pay and allowances for the period of suspension by passing a suitable order under FR 54-B.
2. These orders will become effective from 3rd December, 1985. Past cases already decided need not be reopened.
[G.I., Dept. of Per. & Trg., O.M. No. 11012/15/85-Estt. (A), dated the 3rd December, 1985.]
[For regularization of periods of suspension Fundamental Rules 54,54-A, 54-B and Administrative Instructions thereunder-may be refer to]
24. Forfeiture of service on dismissal or removal
Dismissal or removal of a Government servant from a service or post entails forfeiture of his past service.
GOVERNMENT OF INDIA'S DECISION
Termination of service under Temporary Service rules or under the term of appointment for failure to pass prescribed examination, does not entail forfeiture of past service. - The Government of India in consultation with the Ministry of Home Affairs, have held that the termination of service either under CCS (TS) Rules, 1965 or under the terms of appointment for failure to pass a prescribed examination does not amount to dismissal or removal within the meaning of Article 418 (a) of CSR [now Rule 24 of CCS(P) Rules,1972]. A Government servant whose services are terminated for failure to pass prescribed examination and who is appointed to another post without any break, will count his previous service towards leave and pension.
[C.A.G.'s Letter No. 2092-NGEI/73-67, dated the 23rd September, 1967.]
25. Counting of past service on reinstatement
(1) A Government servant who is dismissed, removed or compulsorily retired from service, but is reinstated on appeal or review, is entitled to count his past service as qualifying service.
(2) The Period of interruption in service between the date of dismissal, removal or compulsory retirement, as the case may be, and the date of reinstatement, and the period of suspension, if any, shall not count as qualifying service unless regularized as duty or leave by a specific order of the authority which passed the order of reinstatement.
[Fundamental Rules 54 and 54-A may be referred.]
126. Forfeiture of service on resignation
Footnote : 1. Substituted by G.I., M.F., Notification No. F. 6 (12)-E. V (A)/72, dated the 7th April, 1977.
(1) Resignation from a service or a post, unless it is allowed to be withdrawn in the public interest by the appointing authority, entails forfeiture of past service.
(2) A resignation shall not entail forfeiture of past service if it has been submitted to take up, with proper permission, another appointment, whether temporary or permanent, under the Government where service qualifies.
(3) Interruption in service in a case falling under sub-rule (2), due to the two appointments being at different stations, not exceeding the joining time permissible under the rules of transfer, shall be covered by grant of leave of any kind due to the Government servant on the date of relief or by formal condonation to the extent to which the period is not covered by leave due to him.
(4) The appointing authority may permit a person to withdraw his resignation in the public interest on the following conditions, namely :-
| (i) | that the resignation was tendered by the Government servant for some compelling reasons which did not involve any reflection on his integrity, efficiency or conduct and the request for withdrawal of the resignation has been made as a result of a material change in the circumstances which originally compelled him to tender the resignation ; |
| (ii) | that during the period intervening between the date on which the resignation became effective and the date from which the request for withdrawal was made, the conduct of the person concerned was in no way improper ; |
| (iii) | that the period of absence from duty between the date on which the resignation became effective and the date on which the person is allowed to resume duty as a result of permission to withdraw the resignation is not more than ninety days ; |
| (iv) | that the post, which was vacated by the Government servant on the acceptance of his resignation or any other comparable post, is available. |
(5) Request for withdrawal of a resignation shall not be accepted by the appointing authority where a Government servant resigns his service or post with a view to taking up an appointment in or under a private commercial company or in or under a corporation or company wholly or substantially owned or controlled by the Government or in or under a body controlled or financed by the Government.
(6) When an order is passed by the appointing authority allowing a person to withdraw his resignation and to resume duty, the order shall be deemed to include the condonation of interruption in service but the period of interruption shall not count as qualifying service.
1[(7) A resignation submitted for the purpose of Rule 37 shall not entail forfeiture of past service under the Government.]
Footnote : 1. Inserted by G.I., Dept. of P. & P.W., Notification No. 4/15/88-P. & P.W. (D), dated the 9th October, 1991, published as S.O. No. 2740 in the Gazette of India, dated the 2nd November, 1991.
26. GOVERNMENT OF INDIA'S DECISIONS
(1) When resignation a technical formality and when it subsists. - A Government servant intending to apply for a post or posts outside his parent office/department under the Government of India should have his application forwarded through the competent authority under whom he was serving at the time of applying for the post. Such an authority should either forward the application or withhold it according as the exigencies of public service may indicate but it should not forward the application conditionally, for example, that in the event of the applicant coming out successful, he will the required to resign his post before taking up the new one. Once the application has been forwarded unconditionally and the person concerned is offered the post applied for, he should be relieved of his duties to join the new post as a matter of course and the question of his resigning the post held by him in such circumstances should not arise. Accordingly the amended article is intended to cover the cases where even though the applications were forwarded by the competent authority, the applicant had been asked for one reason or the other to resign his post before taking up the new one. The above position holds good whether the Government servant held the post in permanent or temporary capacity, before resigning the post.
Situations may arise where the application of a Government servant was not forwarded and the Government servant resigned his appointment of his own volition with a view to his taking up the new post or where it was not possible to forward his application in the public interest but the Government servant had volunteered to resign his post or where the conditions of service in an office demand as a matter of policy that the Government servant should resign his post in the event of his taking up another post outside. In all such cases, it has been held that resignation of public service will subsist and entail forfeiture of past service.
It has been decided that in cases where Government servants apply for posts in the same or other departments through proper channel and on selection, they are asked to resign the previous posts for administrative reasons, the benefit of past service may, if otherwise admissible under rules, be given for purposes of fixation of pay in the new post treating the resignation as a `technical formality'. The pay in such cases may be fixed under FR 27.
[G.I., M.F., Letter No. 35 (15)-E. V/60, dated the 21st September, 1960, to the Secretary to the Government of Orissa, Finance Department, Bhubaneshwar and G.I., M.F., O.M. No. 3379-E. III (b)/65, dated the 17th June, 1965.]
According to M.H.A., O.M. NO. 60/37/63-Ests. (A), dated the 14th July, 1967 (not printed), permanent/quasi-permanent Central Government servant appointed under another Central Government department has to resign from his parent department unless he reverts to that Department within a period of two years (three years in exceptional cases) of his appointment in the other department. The Government of India have been considering whether this resignation should entail forfeiture of past service for purpose of leave and pension of the Government servant concerned. It has been decided that such a resignation should be deemed to be resignation within the meaning of Article 418 (b) of CSRs [Rule 26 (2) of CCS(P) Rules,1972] for pension. As a consequence of this decision, continuity of service benefit should be allowed in the matter of leave also.
[Extract from M.H.A., O.M. No. 8/5/68-Ests. (C), dated the 19th December, 1969.]
(2) Procedure to be followed in accepting resignation from service.- Instructions issued from time to time on resignation have now been consolidated for facility of reference and guidance of all the Ministries/Departments of the Government of India.
1. Format of resignation. - Resignation is an intimation in writing sent to the competent authority by the incumbent of a post, of his intention or proposal to resign the office/post either immediately or from a future specified date. A resignation has to be clear and unconditional.
2. Circumstances under which resignation should be accepted. - It is not in the interest of Government to retain an unwilling Government servant in service. The general rule, therefore, is that a resignation of a Government servant form service should be accepted, except in the circumstances indicated below :-
| (i) | Where the Government servant concerned is engaged on work of importance and it would take time to make alternative arrangements for filling the post, the resignation should not be accepted straightaway but only when alternative arrangements for filling the post have been made. |
| (ii) | Where a Government servant, who is under suspension, submits a resignation, the competent authority should examine, with reference to the merit of the disciplinary case pending against the Government servant, whether it would be in the public interest to accept the resignation. Normally, as Government servants are placed under suspension only in cases of grave delinquency, it would not be correct to accept a resignation from a Government servant under suspension. Exceptions to this rule would be where the alleged offences do not involve moral turpitude or where the quantum of evidence against the accused Government servant is not strong enough to justify the assumption that if the departmental proceedings were continued, he would be removed or dismissed from service, or where the departmental proceedings are likely to be so protracted that it would be cheaper to the public exchequer to accept the resignation. |
| In those cases where acceptance of resignation is considered necessary in the public interest, the resignation may be accepted with the prior approval of the Head of the Department in respect of Groups `C' and `D' posts and that of the Minister-in-charge in respect of holders of Groups `A', and `B' posts. In so far as officers of Groups 'A','B','C' and 'D' cadres of the Indian Audit and Accounts Department are concerned, the resignation may be accepted by the Heads of Departments as designated by the Comptroller and Auditor-General of India. Concurrence of the Central Vigilance Commission should be obtained before submission of the case to the Minister-in-charge/Comptroller and Auditor-General, if the Central Vigilance Commission had advised initiation of departmental action against the Government servant concerned or such action has been initiated on the advice of the Central Vigilance Commission. |
3. A resignation becomes effective when it is accepted and the Government servant is relieved of his duties. If a Government servant who had submitted a resignation, sends an intimation in writing to the appointing authority withdrawing his earlier letter of resignation before its acceptance by the appointing authority, the resignation will be deemed to have been automatically withdrawn and there is no question of accepting the resignation. In case, however, the resignation had been accepted by the appointing authority and the Government servant is to be relieved from a future date, if any request for withdrawing the resignation is made by the government servants before he is actually relieved of his duties, the normal principal should be to allow the request of the government servant to withdraw the resignation. If, however, the request for withdrawal is to be refused, the grounds for the rejection of the request should be duly recorded by the appointing authority and suitably intimated to the Government servant concerned.
4. Rules governing temporary Government servants. - Since a temporary Government servant can sever his connection from Government service by giving a notice of termination of service under Rule 5 (1) of the Central Civil Services (TS) Rules, 1965, the instructions contained in this Office Memorandum relating to acceptance of resignation will not be applicable in cases where a notice of termination of service has been given by a temporary Government servant. If, however, a temporary Government servant submits a letter of resignation in which he does not refer to Rule 5 (1) of the CCS (TS) Rules, 1965, or does not even mention that it may be treated as a notice of termination of service, he can relinquish the charge of the post held by him only after the resignation is duly accepted by the appointing authority and he is relieved of his duties and not after the expiry of the notice period laid down in the Temporary Service Rules.
5. Withdrawal of resignation - statutory rule regulating cases of withdrawal of resignation from Government service. - The procedure for withdrawal of resignation after it has become effective and the Government servant had relinquished the charge of his earlier post, are governed by the statutory provisions in sub-rules (4) to (6) of Rule 26 of the CCS (Pension) Rules, 1972, which corresponds to Article 418 (b) of the Civil Service Regulations.
6. Since the CCS (Pension) Rules, 1972, are applicable only to holders of permanent posts, the above provisions would apply only in the case of a permanent Government servant who had resigned his post. The cases of withdrawal of resignation of permanent Government servants which involve relaxation of any of the provisions of the above rules will need the concurrence of the Ministry of Personnel, Public Grievances and Pensions, as per Rule 88 of the CCS (Pension) Rules, 1972.
7. Release of Government servants for appointment in Central Public Enterprises. - A Government servant who has been selected for a post in a Central Public Enterprise/Central Autonomous Body may be released only after obtaining and accepting his resignation from the Government service. Resignation from Government service with a view to secure employment in a Central Public Enterprise with proper permission will not entail forfeiture of the service for the purpose of retirement/terminal benefits. In such cases, the Government servant concerned shall be deemed to have retired from service from the date of such resignation and shall be eligible to receive all retirement/terminal benefits as admissible under the relevant rules applicable to him in his parent organization.
8. When resignation is a 'technical formality'. - In cases where Government servants apply for posts in the same or other departments through proper channel and on selection, they are asked to resign the previous posts for administrative reasons, the benefit of past service may, if otherwise admissible under rules, be given for purposes of fixation of pay in the new post treating the resignation as a `technical formality'.
[G.I., Dept. of Per. & Trg., O.M. NO. 28034/25/87-Estt. (A), dated the 11th February, 1988 and O.M. 28034/4/94 -Estt.A dated 31-5-1994.]
(3) Procedure to be followed when benefit of past service is allowed. -
Order(i)
No.
F.3(6)-E.V(A) /71
Government of
Ministry of Finance
(Department of Expenditure)
****
Subject:-
Benefit of past service under
Art.418 (b) of CSRs [Now Rule 26(2)
of Central Civil Services (Pension) Rules, 1972]- procedure to be followed.
Under
Article 418 (b) of CSRs [now Rule 26 (2) of CCS (P) Rules, 1972] resignation of
an appointment to take up, with proper permission, another appointment, whether
permanent or temporary, service in which counts in full or in part, is not
resignation from public service. A
question has been raised whether in such cases a separate sanction should be
issued indicating that resignation has been accepted under the above provisions,
in order to enable the Audit/Administrative Officer to regulate the
consequential benefits in the matter of pay fixation, carry forward of leave,
pension etc. The matter has been
considered in consultation with the Comptroller and Auditor General and it has
been decided that in cases of the above type the order accepting the resignation
should clearly indicate that the employee is resigning to join another
appointment with proper permission and that the benefits under CSR 418 (b) [Now
Rule 26(2) of Central Civil Services (Pension) Rules, 1972] will be admissible
to him. The contents of the above
order should also be noted in the service books of the individuals concerned
under proper attestation. The issue
of any separate sanction has not been considered necessary.
Sd/-
(S.S.L. MALHOTRA)
UNDER SECRETARY TO THE GOVERNMENT OF
To
All
Ministries/Departments of the Government of
Order(ii)
No.
F.3(6)-E.V(A) /71
Government of
Ministry of Finance
Department of Expenditure
****
Subject:
Benefit of past service under Article 418(b) [Now Rule 26(2) of Central
Civil Services (Pension) Rules, 1972]of CSRs – Procedure to
be followed.
The undersigned is directed to refer to this Ministry’s Office
Memorandum of even No. dated the 4th December, 1971 and to say that a
question has been raised whether the instructions contained in the aforesaid
Office Memorandum will also apply to cases decided before
the date of issue of
these instructions. It has
been decided that an entry may be made in the Service Book of the Government
Servant concerned under proper attestation as laid down in the aforesaid
instructions in past cases also where it has been decided to allow the benefits
of Article 418 (b) [Now Rule 26(2) of Central Civil Services (Pension) Rules,
1972] of the CSRs.
2. In so far as the
employees of the Indian Audit and Accounts Service are concerned, these orders
issue in consultation with the Comptroller and Auditor General of
Sd/-
(S.S.L. MALHOTRA)
UNDER SECRETARY TO THE GOVERNMENT OF
To
All
Ministries/Departments of the Government of
(4)
Prior
vigilance clearance should be obtained before taking decision on the request for
resignation.¾
In recent times, cases have come to
notice where resignation of officials not falling
in the two categories, viz.,
