New Delhi, Oct 30: Central government employees covered by the Central Civil Services (Pension) Rules, 2021, who are reinstated after dismissal, removal or compulsory retirement following an appeal or review will be entitled to have their previous service counted towards pension eligibility, according to an office memorandum issued by the Department of Pension and Pensioners’ Welfare.
The memorandum, reiterates Rule 25 of the CCS (Pension) Rules, 2021, which governs the counting of qualifying service in cases where employees are reinstated following disciplinary action.
Under the rule, service rendered before dismissal, removal, or compulsory retirement can count towards qualifying service once an employee is reinstated on appeal or review.
The department, however, clarified that the period between dismissal, removal or compulsory retirement and subsequent reinstatement will not automatically qualify for pension purposes.
Any period of suspension will also remain excluded unless specifically regularised as duty or leave by the authority that passed the reinstatement order.
“The period of interruption in service between the date of dismissal, removal or compulsory retirement, as the case may be, and the date of reinstatement, and the period of suspension, if any, shall not count as qualifying service unless regularised as duty or leave by a specific order,” the memorandum stated.
The provisions distinguish between an employee’s qualifying service completed before disciplinary action and the intervening period during which the employee remained out of service.
While reinstatement following an appeal or review allows the employee to count past qualifying service, inclusion of the intervening period depends on a specific order issued by the authority responsible for reinstatement.
The clarification is relevant to employees whose dismissal, removal or compulsory retirement orders are subsequently overturned through appeals or review proceedings.
The counting of qualifying service is an important factor in determining pensionary entitlements under the applicable rules.
The department said the CCS (Pension) Rules, 2021, had superseded the earlier CCS (Pension) Rules, 1972, and the memorandum was intended to ensure strict implementation of the existing provisions.
The clarification does not introduce a new pension benefit or provide for automatic inclusion of suspension periods in qualifying service.
All central ministries and departments have been asked to bring the provisions to the attention of officials responsible for processing pensionary benefits.
The instructions are also to be communicated to attached and subordinate offices to ensure compliance with the rules.
The office memorandum was issued by Ravindra Kumar Yadav, Under Secretary, the Government of India.
