Applicability of new pension scheme
Dr.B.K.Paty
(Querist) 19 September 2013
This query is : Resolved
i was in Government of India for 20 years. i joined an autonomous body in 2005. As the autonomous body did not have pension system(EPF only), i was bound to take pro rata pension. Now working there for 7 years, i have joined another autonomous body under the same Ministy, where there is pension.throughout I habve joined new oraganisations after tendering technical resignations only.Now this new autonomous body wants to put me in NPS.
There is clear cut O.M of DOPT that NPS will not apply to employees who were already under old pension scheme under pension rules of 1972.
Now i want to join the pension system in the new organisation and requesting authority to condone my 7 years of non-pension period under rule 28 of pension rules, 1972., as there is mobility of employees under 1984 order of DOPT between Government and autonomous body.
please advise me about the law position.
Rajendra K Goyal
(Expert) 19 September 2013
You have to go through your service rules and service conditions. Consult a local labor law Lawyer dealing cases of your department.
Guest
(Expert) 19 September 2013
Dear Dr. B.K. Paty,
Implication of Rule 28 is subject to the conditions pecified in Rule 27 about effect of interruption in service, specifically under the provisions of sub-rule (d) of Rule 27 in your case. If your services were transferred in the interest of service by the competent authority to the autonomous body, the condonation of interruption can be possible in that case. Otherwise not.
Dr.B.K.Paty
(Querist) 19 September 2013
Dear Dhingra Sahib,
Thanks for your reply. I had joined the first autonomous body on the basis of an open interview, for which there was an open advertisement. My application for the post was duly forwarded by competent authority. Then I took pro rata pension pension from Government to join that autonomous body. thus the appoint for the autonomous body was in public interest only. I donot know whether rule 27 will apply here. Furthermore, There was no mention of linkage with Rule 27 in Rule 28. let me if there is any specific Government of
Iindia decision in this regard or any court decision. A number of CAT decisions are ther under this Rule 28.
Guest
(Expert) 19 September 2013
I hope, our phonic discussions would have stisfied you.
V R SHROFF
(Expert) 19 September 2013
Shri Dhingra Sahib explained in Detail, no more to add./
