pension
vishal
(Querist) 13 January 2011
This query is : Resolved
can any official or a judge make applicability of a statutory rule subject to/ to be read with another rule even if none of the rules prescribe to be read with each other ? If yes, please state the applicable authority for doing so.
R.Ramachandran
(Expert) 13 January 2011
Please paste the relevant order which you are referring to and then pose your question. Then it will be possible for any one to give the view.
vishal
(Querist) 13 January 2011
service pension section starts with- Rule 18. Admissibility-an officer who is permitted to retire from service may be granted service pension in accordance with these regulations.
My query is does- this regulation specify that admissibility of pension is subject to another rule ?. it only says pension( any amount) may be granted in accordance with these regulations( which states years and type of service qualifies for pension amount). please note None of the regulations in section for service pension states any where that reg. 18 to be read with so and so regulation or is subject to so and so regulations but the officials are the making admissibility itself subject to minimum service period. thats the problem.
Kirti Kar Tripathi
(Expert) 13 January 2011
I think Mr. Vishal is under misconception. The said rule is unambiguous. It mean any person, who retire from service is entitled for pension, if he is otherwise qualified for receiving pension. Meaning thereby he he has completed requisite period of service except in the case of termination of service on account of misconduct and where the pension has been forfeited on this account by specific mention. Perhaps Mr. Vishal's query is because of word "permitted to retire from service" . The permitted to retire from service is in the context means an employee retires on attaining the age of superannuation or is discharged with terminal benifits or is allowed to resign from service.
niranjan
(Expert) 13 January 2011
If the officer has not completed minimum period of service in that case the question of permitting him to retire may not arise except on medical grounds.In that case he will get only gratuity and not pension.
Kirti Kar Tripathi
(Expert) 14 January 2011
Dear Niranjan,
resignation from service with also fall within the scope of "permitted to retire from service" and it may also after completing the prescribed length of service for eligibility of pension or may not be.
vishal
(Querist) 17 January 2011
to all respected learned experts. please read with clean/clear mind -the exact words written in reg. 18.(above) the only condition prescribed/written is " permitted to retire" and nothing else for the Admissibility of the service pension. Then how any one can say it is subject to minimum service etc. therefore once service pension becomes Admissible as per reg.18,(when an officer was permitted to retire) then the question comes of grant/amount of pension. for that regulations are further prescribed in that section as to how much pension amount for how much years of service. My query remains as to where is it written in reg. 18 that it is subject to/ to be read with minimum service etc. can any one add or subtract even a word from the statutory regulation ? I am sure answer will be NO. Because of subjecting this specific and fundamental reg. 18- admissibility of service pension to minimum service period , without any such proviso therein, many officers have been denied service pension who were "permitted to retire" before completing minimum 20 years service( which is harped as minimum limit to grant the pension but in fact it is minimum limit for grant of standard rate of pension and for less than 20 years regulation is prescribed) but were not granted service pension depending on the years of service as prescribed in that section by a specific regulation. when we read any article/section we go to reading even sub section/clause etc. where it is written but, if, provided etc for subjecting the rule. but in reg. 18 there is nothing like it. The problem is of subjecting Reg. 18 to minimum service period without authority of law and denying of pension. Any solution ?
