No reply or response from govt dept

Application for Voluntory Retirement has to be processed through Head Of Office to the appointing authority for acceptance.A revised application together with a copy of the earlier application can now be submitted for specific recommendation of Head Of Office, and for onward transmission to the Concerned Appointing authority.!!! Proper Channel!!! has to be established.

you have not at all state whether you are declared surplus or not and what is the lenght of service.

Yes, I am a surplus employee with 16.5 years of qualifying service(QS).

The additional question is: (kindly refer ccs pension rule 1972- rule 29A, 36b, 48A/6a, 49(2) )

wether I will be elegible for full pension as under rule 49(2) of ccs pension rules with 10yrs of QS and less than 20yrs of QS.(Rule 48A/6a specifically exclude surplus vrs optees from having 20yrs of qualifying service. and Rule 49(2) categorically says .... retiring under the provision of these rules... mimimum 10yrs of qualifiying service)

The interpretation doubt is...

Can rule 49(2) with 10yrs of QS be interpreted in following manner --- 49(2) provision applies to retirement happening only to cases of superannuation and no other cases. (This type  of interpretaion is held is court several times as only surperannuation is premitted under 49(2) but no where mentioned in 49(2))

In case of  rule 48A/6a it clearly excludes surplus employees from having 20yrs minimum service for retirement.

Again.. Will retirement under ccs pension rule entitle a person for pension under it?does the word retirement mean the employee is entitled for pension ( Generally this is the course courts take and they clearly differentiate each thing seperatley and looks for rule behind each objects that they differenciate)

To sum up in mathematical terms of set theory... Retirement is a universal set, while pension is a subset of universal set. Right of universal set does not confer right to subset while right to subset obviously entitles for universal set. (to illustrate: Rivers are universal set and kaveri river is a subset. Entitlement for River doesnot guarntee kaveri river but entitlement for kaveri river guarntees River and kaveri river in particular.) 

In the facts above can any one clarify the entitlement of pension with 10yrs of QS and less than 20yrs of QS as applicable to surplus employees seeking Special voluntary retirement.

refer reply of Mr Dhingra at

https://www.lawyersclubindia.com/forum/Minimum-pension-qulaifying-service-under-ccs-pension-rule-135733.asp

VRS is a scheme  which is normally considered on medical grounds alone which has to be processed through properchannel  to the Appointing Authorities with  a copy of Medical  certificate.In other cases as  a policy the Voluntory Retirement  are not recognised as a policy of the Central  Government,.Hence the claim has to be reprocessed accordingly for intital acceptance by the competent authorities,,,This is the existing practice available with  central Government Organisations....As far as state(s) are concerned  no comments are  made.......

Why to repeat?

Originally posted by : slakshmanrao
	VRS is a scheme  which is normally considered on medical grounds alone which has to be processed through properchannel  to the Appointing Authorities with  a copy of Medical  certificate.In other cases as  a policy the Voluntory Retirement  are not recognised as a policy of the Central  Government,.Hence the claim has to be reprocessed accordingly for intital acceptance by the competent authorities,,,This is the existing practice available with  central Government Organisations....As far as state(s) are concerned  no comments are  made.......

Not able to agree.

There is nothing like VR on medical ground in Govt of India.  If one is declared medically unfit for a job, by proper medical authority after following proper procedure the the folowing options are there :-

(i) a post will be identified for him (or created supernumarary) where he can be employed for remaining part of service

(ii) if he is not willing for such post then he is retired on medical grounds (not VR) compulsorily (nothng volunteer) and prorate pension is paid without condition of minimum 20 years of service.

A Govt employeee having served for 20 years of qualifying service (having received 240 months of salary) is not required to state any reason for seeking VR.  He gets no pension unless having 20 years of service.  He gets addition of 5 years of service and allowed prorata pension.

The preent case is entirely different.  He is neither volunteering to retire not medically unfit.  The only thing is that the post no more exists and he is surplus.