Pension
vishal
(Querist) 13 January 2011
This query is : Resolved
Is there any SC judgement which is based on Rule 5 of CCS pension rules 1972 ?. please give citation. As i understand rule 5 is the basis/foundation of grant of/entitlement to retirement/service pension. Thereafter all rules are specified to quantify the pension (amount) by stating the years of service and type of service qualify for pension. Therefore once one retire vide rule 5 he becomes entitled for pension. The pension must be paid depending on qualifying service period. Because if rule 5 does not apply question of any pension amount does not arise. Please help.
Kirti Kar Tripathi
(Expert) 13 January 2011
I could not understand on what facts you are asking the SC judgment. There are nos of judgments on Rule 5 of CCS Pension Rules. so plz be specific. However, I am producing the said Rule 5 of CCS Pension Rules as under:-
5. Regulation of claims to pension or family pension
(1) Any claim to pension or family pension shall be regulated by the provisions of these rules in force at the time when a Government servant retires or is retired or is discharged or is allowed to resign from service or dies, as the case may be.
1(2) The day on which a Government servant retires or is retired or is discharged or is allowed to resign from service, as the case may be, shall be treated as his last working day. The date of death shall also be treated as a working day :
2Provided that in the case of a Government servant who is retired prematurely or who retires voluntarily under Clauses (j) to (m) of Rule 56 of the Fundamental Rules or Rule 48 3[or Rule 48-A], as the case may be, the date of retirement shall be treated as a non-working day.
Similar Rules are framed by the respective State Governments for their own employees.
vishal
(Querist) 16 January 2011
kirti ji, please give citations of those judgements based on rule 5. sir, as per rule 5 an govt. employee becomes entitle for pension when permitted to resign irrespective of service period. but the problem being faced is that officials makes rule 5(entitlement to pension)itself subject to minimum qualifying service for entitlement to pension where as sir, this rule does not provide such proviso but the officials do not agree. Once a person becomes entitle for pension(by rule 5), then the pension amount is calculated as per service period(rule49a,b-1-2)). Entitlement and quantum are two different things. First entitlement is to be established( which is by rule 5) and thereafter the amount is to be decided which is decided by the length of service. But the officials do not agree and deny pension when one is allowed to resign but has less than 20 years service. that is the problem. why they should deny pension amount once the employee was allowed to resign/retire and became entitle for pension. pls help.
