Ccs pension rule
Vasudevan
(Querist) 06 October 2018
This query is : Resolved
I had been made retired compulsorily by the Central Government subsequent to the Departmental Inquiry. The order of compulsory retirement doesn't spell about any reduction in my pension and gratuity. I had applied for pension and gratuity to my department. The pension sanction authority has sought for clarification to the Disciplinary Authority about the reduction in pension and gratuity. the issue is pending from April 2017 onwards and I have not received the pension and gratuity till date. Meanwhile, I have been convicted by the CBI-ACB court in July 2018 and the said judgment was appealed before the High Court which has granted stay on the order passed by the trial court. Till date no pension or gratuity was sanctioned to me. My friends are saying that I can't receive the pension and gratuity till acquitted from the CBI case. Whether the Disciplinary Authority can reduce/withheld my pension and gratuity retrospectively i.e. from April 2017 onwards. Kindly clarify the rule position in the matter. Thanks to all Experts in advance.
Guest
(Expert) 06 October 2018
One retired, may be on superannuation or compulsory, you are entitled to pension and permissible gratuity from the date of retirement, as permissible based on your last emoluments received by you.
You may file your case in the CAT for grant of pension and gratuity.
Sudhir Kumar, Advocate
(Expert) 06 October 2018
refer
http://www.lawyersclubindia.com/experts/compulsory-retirement-reg--631311.asp
for the last one and half year you have not filed any case in CAT regarding non-release of pension.
kavksatyanarayana
(Expert) 06 October 2018
As per Central government employees CCS rules, a government servant compulsorily retired from service as a penalty may be granted pension/gratuity or both not more than two thirds of normal pension if he rendered service as required for pension by authority competant. On receipt of conviction orders from the court, the competant authority will take actions basing on the judgment.
Vasudevan
(Querist) 07 October 2018
Dear Shri Sudhir Kumar, my specific query about the reduction of pension be made RETROSPECTIVELY. The link referred by you doesn't speaks about RETROSPECTIVE EFFECT OF REDUCTION. I still tender my apology if my query is repeated inadvertently. I have not filed any case before CAT regarding this issue till date. As stated earlier, the payment of pension has not yet started. Whether, the Disciplinary Authority can imposed the reduction/withheld of pension with RETROSPECTIVE EFFECT. Kindly oblige.
Sudhir Kumar, Advocate
(Expert) 08 October 2018
When one retires without vigilance clearance. He doe snot get any pension. He gets only ad-hoc pension. This is compassionate measure. No DCRG/Leave encashment/commutation.
The decision regarding grant of pension (retrospectively) takes place when decision of criminal court comes. If convicted he can expect an amount of pension between 0% to 99% from the date of retirement.
Vasudevan
(Querist) 08 October 2018
Much obliged by replies of the Learned Experts.
