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rule (5) of CCS(Pension) Rules, 1972, the retiring Government employees, shall be paid immediately on production of "No Demand Certificate" from the…

· 2018-04-18
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Date2018-04-18
TypeCommercial Circular
Topicidentity-proof

Summary

rule (5) of CCS(Pension) Rules, 1972, the retiring Government employees, shall be paid immediately on production of "No Demand Certificate" from the Directorate of Estates after actual vacation of the Government accommodation pension/ family pension already paid shall be treated as revised pension/ family pension

Text of the circular

1 
 
    Frequently Asked Questions (FAQs) 
       (Central Civil Services) 
 
1. PENSION POLICY  
 
Last Updated : 18.04.2018 
 
(1.1) 
Which rules govern pension and gratuity to the employees retiring from Central 
Government Civil Departments.   
           Pension and gratuity of the employees retiring from Central Government Departments is   
regulated by the Central Civil Services (Pension) Rules, 1972. There are separate rules 
regarding pension and gratuity of Railway employees and Defence personnel. 
 
(1.2) 
Is the date of voluntary retirement treated as duty? 
 
Yes, the date of voluntary retirement is treated as duty (Rule 5). 
 
(1.3) 
Who is eligible for pension? 
 
A Govt. servant appointed in a pensionable establishment on or before 31.12.2003 and 
retires from Government service with a qualifying service of 10 years or more is eligible for 
pension (Rule 2, 49). 
 
(1.4) 
How is pension calculated? 
 
W.e.f. 1.1.2006, pension is calculated @ 50% of emoluments (last pay) or average 
emoluments (for last 10 months), whichever is more beneficial to the retiring Govt. servant. 
(Rule 49). 
 
(1.5) 
What happens to the departmental proceedings instituted against a Govt. servant 
during service and pending at the time of retirement? Can pension/gratuity be paid 
to a retiring, Govt. servant if Departmental/Judicial proceeding are pending against 
him at the time of retirement? 
 
Department proceedings pending at the time of retirement are deemed to be the 
proceedings under Rule 9 and shall be continued and concluded by the same disciplinary 
authority and in the same manner.  Thereafter, authority will submit a report recording its 
finding to the President. In such cases, only provisional pension is paid and gratuity is 
withheld till the conclusion of departmental proceedings and issue of final orders thereon 
by the competent authority. 
 
(1.6) 
Can Departmental proceedings be instituted after retirement? 
 
Departmental proceeding can be instituted after retirement subject to following   
conditions:-  
(a) 
Sanction of the President shall be obtained before instituting such 
proceedings;  
(b) 
The proceedings shall not be in respect of any event which took place more 
than 4 years such institution;

2 
 
(c) 
Proceedings shall be conducted by such authority and in such place or the 
President may direct and in accordance with rules applicable to 
departmental proceedings in which an order of dismissal from service could 
be made in relation to the Govt. servant during his service. 
 
(1.7 ) When is departmental or judicial proceeding deemed to be instituted? 
            (a)     Departmental proceedings shall be deemed to be instituted on the date on which  
the statement of charges is issued to the Government servant or pensioner, or is 
the Government servant has been placed under suspension from an earlier dated, 
on such date;  
(b) 
Judicial proceedings shall be deemed to be instituted- 
(i)    In the case of criminal proceedings, on the date on which the complaint or  
report of a Police Officer, of which the Magistrate takes contingence, is made, 
and 
(ii)     In the case of civil proceedings, on the date the plaint is presented in the 
court. 
 
(1.8) 
Can the pension/gratuity be withheld on conclusion of departmental/judicial 
proceedings? 
 
The President reserves to himself the right of withholding a pension or gratuity, or both, 
either in full or in part, or withdrawing a pension in full or in part, whether permanently or 
for a specified period, and of ordering recovery from a pension or gratuity of the whole or 
part of any pecuniary loss caused to the Government, if, in any departmental or judicial 
proceedings, the pensioner is found guilty of grave misconduct or negligence during the 
period of service, including service rendered upon re-employment after retirement. Power 
to withhold/withdraw pension/gratuity is with President and UPSC is required to the 
consulted before any final order

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