Regarding pension
madhubala
(Querist) 22 September 2013
This query is : Resolved
Sir I was working with Kendriya vidyalaya sangathan an autonomous body,having all the central govt servise rules ccs 1972.I worked for 14 yrs in central govt,got married very late and little before my marriage my husband 's company transferred him abroad(US).I had to start a family as I was already 43 yrs old and reproductive age advancing very fast.I asked for 2 yrs EOL and I was granted EOL. Before the expiry of leave ,I came back to apply for extension of leave for 1 more year which was denied so,I was removed from service on voluntary abandonment of service.I am asking for retirement benefits .Kindly let me know if I am entitled to pension or not. 6CPC says that if u have worked for 10 yrs or more u r entitled to pension ,BUT NOBODY KNOWS MUCH ABOUT THIS RULE
Sudhir Kumar, Advocate
(Expert) 22 September 2013
you are confused or hiding facts. Without real facts you cannot get appropriate advise.
you say that you were removed from service. Voluntary abandonment is no ground of removal. It is a penalty and can be imposed after a chargesheet of unauthroised absence and a proper procedure is to be followed as per rule 14/15 of the CCS(CC&A) Rules.
You have not told :-
whether you joined back on refusedal of leave?
and whether there was any chargehseet?
and if yest what were the charges?
and whether there was any inquiry?
and whether you participated inquiry?
Sudhir Kumar, Advocate
(Expert) 22 September 2013
in either case you are a removed employee (as told by you and not entitled for any pension even if you had served upto 33 + years.
Sudhir Kumar, Advocate
(Expert) 22 September 2013
You are under misconception the pension is admissible merely on completion of 10 years of service. Pension is admissible (prior to superannuation in case :-
(i) there is 20 years of qualifying (paid and regular)service; or
(ii) medically invalidated; or
(iii) declared surplus:
(iv) compulsory retirement (not removal/ dismissal) by way of penalty
madhubala
(Querist) 22 September 2013
Mr sudhir,why wud I hide anything.I was denied leave ,I was standing right in front of the office ,but instead of giving me the letter of denial in my hand or my postal add in India ,the letter was sent to U.S. For a week I waited and then went to US AS i HAD AN APPOINTMENT WITH A DOCTOR WHO VISITED US TWICE.On reaching US,i found the letter in front of my door.I had a problem with L4-L5 IN MY LOWER BACK DUE TO WHICH i was not in a position to travel back ,undertaking 24 hrs journey.I made an appeal to the Apellate AUTHORITY IN THE hEADQUARTER WHO TURNED DOWN MY REQUEST .NEITHER ANY MEDICAL NOR ANY ENQUIRY WAS DONE..i WAS SIMPLY SENT A LETTER SAYING THAT UNDER ARTICLE 81d OF THE EDUCATION CODE ,I lose my lien on the post of tgt on the ground Voluntary Abandonment of my service,hence removed from the service.Well I dont understand how a person can be removed so abruptly witout holding any enquiry or taking an opinion of the medical board.My brother's friend is a lawyer who Iasked to arrange for a lawyer as he himself was a practising in tis hazari as a criminal matters lawyer.He arranged someone who acc to him had an idea of service matters.He cud not do justice.the result was held reserve for 2 months and dismissed saying that the American doctor did not say that I am unfit.There is no system of MEDICAL CERTIFICATES,ITS ONLY IN iNDIA WHERE U CAN OBTAIN ANYTHING FROM ANYWHERE,IT DOESNT MATTER ITS FAKE OR GENUINE.tHE dOCTOR GAVE HER CELL PHONE NO SO THAT IF ANYBODY WANTS TO TALK TO HER ,HE MAY DO SO.India is a country of cheats ,America FOLLOWS RULES.tHIS BEING THE ONLY REASON FOR LOSING THE JOB.iF i WUD HAVE BRIBED THEM OR GOT HEM THE BEST WINED AND WHISKY THEN THINGS WUD HAVE BEEN DIFFERENT.PEOPLE CALL IT SHINING INDIA,YES IT SHINES WITH THE RAYS OF CORRUPTION IN ALL DIRECTIONS.
Sudhir Kumar, Advocate
(Expert) 22 September 2013
If you are just criticising India then there will be no help out of my three decade old experience (mostly with personnel disciplinary matters)in Govt sector
Since your employer was a public body under Govt of India then only Indian law shall prevail howsoever glorious looking law of any other country may be.
you have already spoiled your case.
Sudhir Kumar, Advocate
(Expert) 22 September 2013
A lot many vital facts are still missing. These will be needed only if I decide to help you further.
