Tuesday, August 11, 2009
Pension allowable only on completion of 20 years in service: CAT
Government employees are eligible to claim pension only after completion of 20 years of service, the Central Administrative Tribunal (CAT) has held.
The tribunal passed the order on a Delhi Transport Corporation's employee's plea on Tuesday. The employee, Mukesh, had claimed that he had not been given pensionary benefits after he opted for the Voluntary Retirement Scheme (VRS) and sought directions for relief.
The tribunal, while disposing the plea, said that Mukesh was not eligible for pension as he had not completed the tenure essential for a government servant to claim pension. The tribunal headed by vice chairman M Ramachandran noted that no relaxation in the tenure was permissible for claiming pension.
The CAT noted that the Central Civil Services (Pension) Rules allow a government employee to claim pension as a matter of right only after completion of 20 years of service.
The tribunal observed that Mukesh had put in only 10 years of service and it was therefore not possible for the DTC to extend pension benefits to him.
The tribunal said that Mukesh had been extended the benefits authorised by the scheme and legally due to him.
Mukesh had joined the DTC as a bus conductor in 1982 and continued in service till 1993 when he opted for retirement under the corporation's Voluntary Retirement Scheme (VRS). He approached the tribunal claiming he had been denied pensionary benefits due to him.
Source:PTI
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It is a surprising decision of CAT, whereas the Swamy's Handbook 2009 clearly mentions that a Govt. employee will be eligible for pension after completion of 10 years in Govt. Service.The facts should be verified to clear the doubt. This appears to be contradictory also to the Office Memorandum No. F N. 38/37/08-P&PW (A) dated the 2nd September, 2008 issued by Ministry of Personnel, Public Grievances & Pensions.
ReplyDeleteI shall be completing 19 years of service on 30th April, 2011, the date of my superannuation. Will I not be eligible for pension?
Dr. U. S. Sarma
Dear Umashankar jee, You will be eligible for Pensionary benefits. Ten years and twenty years has a catch. You are retiring after completing 19 yrs. The ten year provision would be applied. But if somebody takes VRS in a situation like yours he would not get pension. You are not completing twenty years in service because you attained the age of superannuation, but in VRS it is by choice. I hope this clears your doubt.
ReplyDeleteKarn
UNDER FRSR RULES IF AN OFFICER JOINED GOVT DEPARTMENT BEFORE AGE OF 35 HE CAN APPLY FOR VOLUNTARLY RETITEMENT AFTER ATTAINING AGE OF 50 YEARS.HOWEVER HE IS NOT ENTITLED FOR BENEFIT OF LEFTOVER SERVICE FOR PENSIONERY BENEFITS AS PER 6TH PAY COMMISSION RECOMMENDATIONS ACCEPTED BY THE GOVT.
ReplyDeleteIN OTHER CASE AS PER FRSR RULES IF AN OFFICER ENTERED IN GOVERNMENT DEPT. AFTER AGE OF 40 CAN ALSO APPLIED FOR VOLUNTRY RETAIRMENT AFTER ATTAINING THE AGE OF 55 BUT THE CONDITION IS THAT HE HAS ATLEAST SERVED FOR TEN YEARS AND LEFTOUT SERVICE WILL NOT BE TAKEN INTO CONSIDERATION FOR CALCULATION OF BENEFIT.
THEREFOR I REQUEST FOR A CLARIFICATION THAT IF ANY GP A OFFICER ENTERED GOVT SERVICE AFTER 40 YEARS AGE NOW ATTAINED 55YEAR AGE AND HIS SERVICE IN GOVT. IS 15 YEARS IS ENTITLRD FOR VOLUNTARY RETIREMENT NOW WITHOUT ANY ADDITION OF LEFT OUT YEARS BENEFIT FOR CALCULATION FOR PENSIONERY BENEFIT
L K KLARE
Dear Umashankarjee,
ReplyDeleteFirst thing is that you are eligible for pension provided you retire on superannuation on 30.04.2011
Please go through the Pension rules. On superannuation, one is eligible for pension on completion of 10 years of service. However, if one retires voluntarily, he is eligible for pension on completion of twenty years of service.
dear klare saheb
ReplyDeleteI wish they change the pension rule for you ! is there any in the ministry listening !
Dear Shri. KARN and Ms. V. D. Dasan,
ReplyDeleteI am indeed grateful to both of you for kindly clarifying my doubt.
Will I be eligible for full pension i.e. 50% of total emoluments [basic pay] after I retire on superannuation, as I shall be completing only 19 years of service as on 30.04.2011.
Umasankar
Dear Umashankar,
ReplyDeleteYou will get full pension on superannuation i.e. 50% of pay in the pay band + Grade Pay, if you have more than 10 years of qualifying service as per Para 5.3 of Ministry of Personnel, Public Grievances & Pensions, Department of Pension & Pensioners Welfare OM F.No. 38/37/08-P&PW((A) dated 2nd September 2008.
Some please clarify whether employees of Delhi Transport Corporation are Central Government Employees. The Name itself specifies that it is a Corporation. The case specified in this post has to looked into in this perspective.
ReplyDeleteRavindran
Thanks for issuing order for release of 60% second instalment of arrears of Central Government employees. The employees are patiently waiting for the same. After a long patience sigh of relief has been given to us.
ReplyDeleteCan any one clarify that an officer of GP A of central Govt opt for voluntarly retairment who entered Govt service at 40 years 3 months having 15 years service and now age 55 under FRSR RULES.
ReplyDeleteLK KLARE
Dear L. K. Klare, As per FR any Government employee can get pension if he opt for voluntary retirement after completion of 55 years of age and also put up atleast 10 years of service. In your case, you have crossed 55 years of age. So, if you had already completed 10 years of service, you may get pension , that too, 50% of the last basic pay plus grade pay.
ReplyDeleteDear Respected Members,
ReplyDeleteI have some doubts related to VRS in Military Enginnering service (MES), Civil, Ministry of Defence,Delhi and I would like to clear some of my doubts from your expertise knowlegde:
Q1. What is/are the advantages/disadvantage of VRS, if the one has complete morethan 30 yrs job?
Q2. What is/are the points should be clear before taking VRS?
Q3. If the one would like to take VRS, is suffered from Brain TV and Paralysed, then he/she can apply for disability pension or not?
Q4 Where I can get more information on VRS and disability pension i.e. rules and regulations? It would be a great help, if you can provide some websites links or PDF explaning mentioned doubts
Thank in advance for giving your precious time.
I am very much looking forward to your comments, links and suggestions.
Thanking you,
With Sincere Regards
Geeta