No. 1/15/2024-P&PW(F)/9809
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan, Khan Market,
New Delhi, Dated the 25th October, 2024

OFFICE MEMORANDUM

Subject : Implementation of pension related rules and timely release of retirement benefits by the administrative Ministries / Departments.

Department of Pension and Pensioners’ Welfare (DoPPW) has recently issued Central Civil Services (Extraordinary Pension) Rules, 2023. These rules apply to the Government servant to whom the Central Civil Services (Pension) Rules, 2021 apply. Extraordinary Pension (EOP) Rules are in the form of Disability pension/extraordinary family pension that may be paid to the Government servant/his family if disablement/death (or the aggravation of disablement/death) of the Government servant, during his service, are attributed to the Government service.

2. The above rules are implemented by the administrative Ministry / Department / Organisation. Recently, in one such case court ordered for grant of EOP to the eligible family members of few Government servants who were killed in action during Govt duty. There was order from the court to grant them family pension under EOP Rules. However, the concerned Department took a view that since these employees are covered under EOP Rules which have been notified / issued by DoPPW, hence, the order should be implemented by DoPPW. The matter was subsequently clarified to the that Department and the same was implemented by that Department only. However, the process got prolonged resulting delay in payment etc.

3. In view of the above experience, it is reiterated that as per provisions of the Allocation of Business Rules in the Govt of India, sanction of pension / pensionary benefits is the sole mandate and responsibility of the administrative Ministry / Department / organisation. Therefore, the  concerned organization is required to release all the retirement benefits including EOP as per rules at the carliest possible. It is added that delay in payment of pension, gratuity and family pension attracts payment of interest in terms of Rule 65 of CCS (Pension) Rules, 2021.

4. All Ministries/ Departments are requested to observe the above strictly and sensitise all authorities under them to process and release payment in such cases at the earliest possible.

5. This issues with the approval of competent authority.

(Dilip Kumar Sahu)
Under Secretary to the Govt. of India

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F. No. 1/1(33)/2024 -P&PW(E)
Ministry of Personnel, P.G. and Pensions
Department of Pension and Pensioners’ Welfare

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi – 110003.
Dated 10th October, 2024

OFFICE MEMORANDUM

Sub:- Settlement of Family Pension between two wives of a Government Servant or Pensioner under Central Civil Services (Pension) Rules, 2021 – reg.

The undersigned is directed to say that Department of Pension,in supersession of the Central Civil Services (Pension) Rules, 1972 has notified the Central Civil Services (Pension) Rules, 2021 and Rule 50 of the Central Civil Services (Pension) Rules, 2021 deals with payment of family pension on death of a Government servant/pensioner.

2. In accordance with Rule 50 (6) of the CCS (Pension) Rules, 2021, the family pension shall be payable to the members of the family of the deceased Government servant or pensioners in the following order:

1. Subject to provisions of sub-rule (8), widow or widower, (including a post-retiral spouse and judicially separated wife or husband)
2. Subject to provisions of sub-rule (9), children (including adopted children, step children and children born after retirement of the pensioner),
3. Subject to provisions of sub-rule (10), dependent parents (including adoptive parents) of the deceased Government servant or pensioner,
4. subject to provisions of sub-rule (11), dependent siblings (i.e. brother or sister) of the deceased Government servant or pensioner, suffering from a mental or physical disability

Whereas the Explanation to Rule 50(6) (1) of the CCS (Pension) Rules, 2021 states that -For the purpose of this rule ‘widow’ and ‘widower’ shall mean a spouse, legally wedded to the deceased Government servant or the pensioners.

3. Whereas Rule 50(8)(c) of the CCS (Pension) Rules, 2021 states that :

1. Where the deceased Government servant or pensioner is survived by more widow than one, the family pension shall be paid to the widows in equal shares and on the death or ineligibility of a widow, her share of the family pension shall become payable to her child or children who fulfil the eligibility conditions mentioned in sub-rule (9).

4. In this regard, references have been received in this department regarding eligibility of family pension to the second wife when the first wife is alive. Having second wife when the first wife is alive is against the provisions of Hindu Marriage Act, 1955 and also contradictory to the provisions of CCS(Pension) Rules, 2021. The matter has been examined and it has been decided that such cases needs to be processed in accordance with the provisions of CCS (Pension) Rules, 2021 and the issue of second wife or second marriage being legal or otherwise, may be decided first in consultation with Department of Legal Affairs on case to case basis for deciding the eligibility for Family Pension.

5. All Ministries/ Departments are requested to follow the process of consultation with Department of Legal Affairs before arriving at decision regarding Settlement of Family Pension between two wives under Central Civil Services (Pension) Rules, 2021. Such cases must be brought to the notice of the officer dealing with the pensioners’ benefits in the respective Ministry/ Department by the attached/subordinate offices.

(Sonika Khattar)
Under Secretary to the Govt. of India

To

All Ministries/ Departments/ Organizations (As per attached list).

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No.1/1(1)/2023 -P&PW (E)
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Pension and Pensioners’ Welfare

Lok Nayak Bhawan, Khan Market,
New Delhi, Dated the 1st January, 2024

Office Memorandum

Subject: Amendment to CCS (Pension) Rules, 2021 – Allowing female Government servants/female Pensioner to nominate her child/children for family pension in precedence to her husband in the event of marital discord leading to filing of divorce proceedings in a Court of Law or filing of a case under Protection of Women from Domestic Violence Act or Dowry Prohibition Act or Indian Penal Code- reg.

The undersigned is directed to state that, as per the provisions of sub-rule (8) and sub-rule (9) of Rule 50 of CCS (Pension) Rules, 2021, if a deceased Government servant or pensioner is survived by a spouse, family pension is first granted to the spouse and the children and other family members become eligible for family pension, on their turn, only after the spouse of the deceased Government servant/pensioner becomes ineligible for family pension or dies.

2. This Department has been receiving a large number of references from Ministries/ Departments, seeking advice as to whether a female Government servant/female Pensioner can be allowed to nominate her eligible child/children for family pension in place of her spouse in the event of marital discord leading to filing of divorce proceedings in a Court of Law or filing of a case under Protection of Women from Domestic Violence Act or Dowry Prohibition Act or under Indian Penal Code.

3. The matter has been examined in consultation with Ministry of Women and Child Development. Accordingly, it has been decided that in case divorce proceedings in respect of a female Government servant/female pensioner are pending in a Court of Law, or the female Government servant/female pensioner has filed a case against her husband under Protection of Women from Domestic Violence Act or Dowry Prohibition Act or under Indian Penal Code, such female Government servant/Female Pensioner may make a request for grant of family pension after her death to her eligible child/children, in precedence to her husband and such request may be considered in the following manner:

(a) Where, in respect of a female Government servant/female pensioner, divorce proceedings are pending in a competent Court of Law, or the female Government servant/female pensioner has filed a case against her husband under Protection of Women from Domestic Violence Act or Dowry Prohibition Act or under Indian Penal Code, the said female Government servant/female pensioner, may make a request in writing to the concerned Head of Office to the effect that, in the event of her death during the pendency of any of the aforesaid proceedings, family pension may be granted to her eligible child/children in precedence to her spouse;

(b) In the event of the death of the female Government servant/female pensioner, who had made a request under clause (a), during the pendency of any of the aforesaid proceedings, the family pension shall be disbursed in the following manner, namely:

(i) Where the deceased female Government servant/female pensioner is survived by a widower and no child/ children is eligible for family pension on the date of death of the female Government servant/female pensioner, family pension shall be payable to the widower.

(ii) Where the deceased female Government servant/female pensioner is survived by a widower with a minor child/children or a child/children suffering from disorder or disability of mind including the mentally retarded, the family pension in respect of the deceased shall be payable to the widower, provided he is the guardian of such child/children and if the widower ceases to be the guardian of such child/children, such family pension shall be payable to the child through the person who is the actual guardian of such child/children. Where the minor child, after attaining the age of majority, remains eligible for family pension, the family pension shall become payable to such child from the date on which he/she attains the age of majority.

(iii) Where the deceased female Government servant/female pensioner is survived by a widower with a child/children who has/have attained the age of majority but is or are eligible for family pension, the family pension shall be payable to such child/children.

(iv) After the child/ children referred to in clause (ii) and (iii) above cease to be eligible for family pension under Rule 50 of the CCS (Pension) Rules, 2021, family pension shall become payable to other child/children, if any, eligible for family pension.

(v) After all the children cease to be eligible for family pension under Rule 50 of the CCS (Pension) Rules, 2021, family pension shall become payable to the widower till his death or remarriage, whichever is earlier.

4. All Ministries/ Departments are requested to bring the contents of this order to the notice of Controller of Accounts/ Pay and Accounts Officers and Attached, Subordinate Offices and Autonomous bodies under them.

5. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued in consultation with Comptroller and Auditor General of India, as mandated under Article 148(5) of the Constitution of India.

6. Formal amendment to Rule 50 of the CCS (Pension) Rules, 2021 will be notified separately.

7. Hindi version will follow.

(Ravinder Kumar)
Director

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No. TA-3-6/3/2020 -TA-III /CS-4308/127
Ministry of Finance
Department of Expenditure
Office of Controller General of Accounts
Mahalekha Niyantrak Bhawan
E-Block, GPO Complex, INA, New Delhi

Dated 24.3.2023

OFFICE MEMORANDUM

Subject: Timelines for completion of various activities in the process of authorisation of pension/family pension and gratuity on retirement on superannuation of a Government servant and death while in service.

Reference is invited to timeline prescribed for processing and payment of pension/family pension, gratuity and other retirement benefits prescribed under CCS (Pension) Rules and issued by DoP&PW and O/o CGA. It has been noticed that payment of retirement benefits is getting delayed in many cases and  errors are also being reported in issuance of PPO.

2. In this regard, it is observed that PAO may receive number of pension/family pension cases where the pension forms are not properly filled and complete, particulars not furnished or authentication of HOO/DDO not given in the space provided, etc. These kinds of cases might have been returned to the concerned office for rectification / omissions which may result to delay in payment of pension/family pension. In this connection, it is advised that common errors noticed by PAO may be compiled and issued as internal guidelines. Accordingly, concerned HOO/DDOs may be advised to ensure due care while submitting pension/family pension cases to PAO so that pensioners/family pensioners get their dues well in time. PAOs may also be advised to fill all the columns of the PPO with due care.

3 It is further advised that, in case, delay is anticipated in payment of pension/ family pension, gratuity to the beneficiary concerned, then sanctioning authority may sanction provisional pension/ family pension/ gratuity to them, as per CCS (Pension) Rules,2021 so as to avoid hardship to the pensioner/family pensioner. In this matter, the provision enunciated under the Rule 65 of CCS (Pension) Rules, 2021 may be taken into account.

4. In view of above, all the Pr. CCAs/ CCAs/ CAs (/Cs) of the respective Ministries/Departments are requested to ensure that pension/family pension cases are processed within the prescribed timelines.

Sd//-
(Parul Gupta)
Dy. Controller General of Accounts

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F. No. 1/1(1))/ 2022-P&PW (E)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi -110 003
Dated: 26.10.2022

Office Memorandum

Subject: Sharing of family pension under Central Civil Services (Pension) Rules, 2021

The undersigned is directed to say that Department of Pension has notified the Central Civil Services (Pension) Rules, 2021 in supersession of the Central Civil Service (Pension) Rules, 1972. Rule 50 of the Central Civil Service (Pension) Rules, 2021 deals with payment of family pension on death of a Government servant/pensioner.

2. In accordance with Rule 50(8) of the Central Civil Service (Pension) Rules, 2021, on death of a Government servant/pensioner, family pension is payable to the widow or widower upto the date of death or re-marriage, whichever is earlier. In cases where the deceased Government servant or pensioner is survived by more widows than one, the family pension shall be paid to the widows in equal shares and on the death or ineligibility of a widow, her share of the family pension shall become payable to her child or children who fulfill the eligibility conditions for grant of family pension. In case, the widow is not survived by any child, her share of the family pension shall not lapse but shall be payable to the other widows in equal shares, or if there is only one such other widow, in full, to her.

3. In cases where the deceased Government servant or pensioner is survived by a widow without any child and has also left behind eligible child or children:

• (a) from another wife who is not alive, or
• (b) from a divorced wife, or
• (c) from a void or voidable marriage

the child or children who fulfill the eligibility conditions for grant of family pension shall be entitled to the share of family pension which the mother would have received if she had been alive at the time of the death of the Government servant/pensioner or if she had not been so divorced or if the marriage had not been void or voidable. On the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares shall not lapse, but shall be payable to the other widow or widows and/or to other child or children otherwise eligible), in equal shares, or if there is only one widow or child, in full, to such widow or child.

4. In the above cases, if the deceased Government servant/pensioner is survived by the widow with child or children eligible for family pension, on the share of family pension payable to the widow ceasing to be payable, such share shall be payable to her child or children in accordance with Rule 50.
5. Incases where family pension is payable to twin children, it shall be paid to such children in equal shares and when one such child ceases to be eligible, his or her share shall revert to the other child and when both of them cease to be eligible the family pension shall be payable to the next eligible single child or twin children.
6. In accordance with Rule 63, on retirement of a Government servant, the name of the spouse of the Government servant, if alive, is indicated as family pensioner in the Pension Payment Order. In cases where family of a Government servant includes more than one wife who is alive, the Accounts Officer shall indicate, in the Pension Payment Order, the names of all the wives with their respective share in the family pension. If family of a Government servant includes a wife, who is alive, and a child or children from a wife who is not alive or from a divorced wife or from a void or voidable marriage, the Accounts Officer shall indicate, in the Pension Payment Order, only the name of wife who is alive with her share in the family pension, then on death of the pensioner, the share of family pension indicated in the Pension Payment Order shall initially become payable to the surviving widow and on receipt of a communication from the Head of Office, the Accounts Officer shall issue a revised Pension Payment Authority, indicating the names of all the members of family who are eligible for family pension on the date of death of the pensioner with their respective share in the family pension, in accordance with rule 50.
7. All Ministries/ Departments are requested that the above provisions regarding sharing of family pension under Central Civil Services (Pension) Rules, 2021 may be brought to the notice of the personnel dealing with the pensionary benefits in the Ministry/ Department and attached/ subordinate offices thereunder, for strict implementation.

(Vishal Kumar)
Under Secretary to Government of India

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Periodic Review of Central Government Employees for strengthening of administration under FR 96(j)/(l) and Rule 42 of CCS Pension Rules 2021 – DoPT

F.No. 26012/8/2022 -Estt.A-IV
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
(Estt.A-lV Desk)

North Block, New Delhi
Dated: 20th December, 2022

OFFICE MEMORANDUM

Subject: Strengthening of Administration by periodical review under FR 56(j): Statutory Body regarding.

The undersigned is directed to refer to DOPT’s OM No. 25013/03/2019-Estt.A-IV dated 28.08.2020 regarding Periodic Review of Central Government Employees for strengthening of administration under FR 96(j)/(l) and Rule 42 of CCS Pension Rules 2021 [erstwhile Rule 48 of CCS (Pension) Rules 1972].

2. As regards applicability of provisions of FR-56(j) and composition of Representation Committee in respect of statutory bodies, the following provisions are made for the statutory bodies:

1. Where the Statutory Body have adopted the provisions of FR 56(j), Administrative Ministry may ensure that they are strictly followed;
2. Where the Statutory Body have similar provisions in their rule books, the Administrative Ministry may ensure that they are followed in letter and spirit;
3. Where no such provisions exist, the Administrative Ministry may ensure that the action is taken to put in place such rules as may be necessary; and
4. The composition of the Representation Committee in respect of employees of Statutory bodies may be decided with the approval of Minister-in-charge of the Ministry under which the Statutory bodies fall. OC &

Sd/-
(Satish Kumar)
Under Secretary to the Govt. of India

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F. No. 1/1(1))/2022 -P& PW (E)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhin-110 003
Dated: 26.10.2022

Office Memorandum

Subject: Grant of family pension under Central Civil Services (Pension) Rules, 2021 on remarriage of a childless widow.

The undersigned is directed to say that Department of Pension has notified the Central Civil Services (Pension) Rules, 2021 in supersession of the Central Civil Service (Pension) Rules, 1972. Rule 50 of the Central Civil Service (Pension) Rules, 2021 deals with payment of family pension on death of a Government servant/pensioner.

Central Government Employees Family Pension – Central Civil Services – FAQ

2. In accordance with Rule 50(8) of the Central Civil Service (Pension) Rules, 2021, on death of a Government servant/pensioner, family pension is payable to the widow or widower upto the date of death or re-marriage, whichever is earlier and the eligibility of widow or widower for family pension is not affected by the amount of her or his income from other sources. However, on re-marriage by a childless widow, family pension continues to be payable to her, if her income from all other sources is less than the amount of minimum family pension (i.e Rs. 9000/- per month) plus the dearness relief admissible thereon.

3. If after re-marriage, income of childless. widow from all other sources becomes equal to or more than the amount of minimum family pension and the dearness relief admissible thereon, family pension payable to her shall be stopped and it shall become payable to the other eligible member of the family, if any, of the deceased Government servant.

4. It shall be the duty of a childless widow after her re-marriage to furnish a certificate to the Pension Disbursing Authority once in a year that she has not started earning income from other sources which is equal to or more than the minimum family pension and the dearness relief admissible thereon.

5. All Ministries/Departments are requested that the above provisions regarding continuance of family pension on remarriage of a childless widow under Central Civil Services (Pension) Rules, 2021 may be brought to the notice of the personnel dealing with the pensionary benefits in the Ministry/Department and attached/subordinate offices thereunder, for strict implementation.

(Vishal Kumar)
Under Secretary to Government of India

To,
All Ministries/ Departments/ Organisations (As per standard list)

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F. No. 38/01(05)/2022 -P&PW(A)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare

3th Floor, Lok Nayak Bhawan
Khan Market, New Delhi -110 003
Dated: 26.10.2022

Office Memorandum

Subject: Amount and conditions for grant of pension under Central Civil Services (Pension) Rules, 2021.

The undersigned is directed to say that Department of Pension has notified the Central Civil Services (Pension) Rules, 2021 in supersession of the Central Civil Service (Pension) Rules, 1972. In accordance with sub-rule (1) of Rule 44 of the Central Civil Service (Pension) Rules, 2021. a Government servant, becomes eligible for grant of a pension on retirement under rule 33 (Superannuation Pension), rule 34 (Retiring Pension), rule 35 (Pension on absorption in or under a State Government), rule 36 (Pension on absorption in or under a corporation, company or body), rule 37 (Pension on absorption consequent upon conversion of a Government Department into a Public Sector Undertaking), rule 38 (pension on absorption consequent upon conversion of a Government Department into a Central Autonomous Body) or rule 39 (Invalid Pension), after completing a qualifying service of not less than ten years. ‘The pension in all such cases is calculated at the rate of fifty percent of Emoluments or average emoluments, whichever is more beneficial to him, subject to a minimum of nine thousand rupees per month and maximum of one lakh twenty-five thousand rupees per month.

Central Civil Services (Pension) Rules, 2021 Gazette Notification – DoPPW

2. The above rule further provides that a Government servant who retires on Invalid Pension under rule 39 before completing a qualifying service of ten years shall also be eligible for an invalid pension calculated at fifty per cent of emoluments or average emoluments, whichever is more beneficial to him and the condition of completion of minimum qualifying service of ten years shall not be applicable for grant of pension in his case if he/she fulfils the conditions mentioned in sub-rule (9) of rule 39.

3. In calculating the length of qualifying service, fraction of a year equal to three months and above is treated as a completed six monthly period and reckoned as qualifying service, In the case of a Government servant who has rendered a qualifying service of nine years and nine months or more but less than ten years, his qualifying service for the Purpose of this rule shall be ten years and he shall be eligible for pension according

4, All Ministries/ Departments are requested that the above provisions regarding grant of pension under Central Civil Services (Pension) Rules, 2021 may be brought to the notice of the personnel dealing with the pensionary benefits in the Ministry/ Department and attached/ subordinate offices thereunder, for strict implementation.

(RC Sethi)
Deputy Secretary to Government of India

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No. – 28/90/2022- P&P W(B)/8297
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan, Khan Market,
New Delhi, Dated the 2nd October, 2022

OFFICE MEMORANDUM

Subject: Periodic verification of qualifying service under the Central Civil Services (Pension) Rules, 2021 and monitoring at the level of Secretary of the Administrative Ministry/Department.

The undersigned is directed to say that Department of Pension and Pensioners’ Welfare has notified the Central Civil Services (Pension) Rules, 2021 in supersession of the Central Civil Service (Pension) Rules, 1972.

2. In accordance with Rule 30 of the Central Civil Services (Pension) Rules, 2021, on each occasion after a Government servant has completed eighteen years of service and on his being left with five years of service before the date of superannuation, the Head of Office in consultation with Accounts Officer is required to verify the service rendered by such a Government servant, determine the qualifying service and communicate to him, in Format 4, the period of qualifying service so determined.

3. For the purposes of verification of service, the procedure provided in clause (a) of sub-rule (1) of rule 57 is required to be followed. The verification done under Rule 30 shall be treated as final and shall not be reopened except when necessitated by a subsequent change in the rules and orders governing the conditions under which the service qualifies for pension and gratuity.

Also check: CCS Pension Rules 2021 PDF

4, The Rule further provides that a report shall be submitted to the Secretary of the Administrative Ministry/ Department by 31st January of each year, giving the details of the Government servants who were required to be issued a certificate of qualifying service during the previous calendar year under sub-rule (1), the details of the Government servants who have actually been issued the said certificate during the said period and the reasons for not issuing the said certificate in the remaining cases.

5. All Ministries/ Departments are requested that the above provisions in the Central Civil Services (Pension) Rules, 2021 regarding periodic verification of qualifying service and monitoring at the level of Secretary of the Administrative Ministry/ Department under the Central Civil Services (Pension) Rules, 2021 may be brought to the notice of the personnel dealing with the pensionary benefits in the Ministry/ Department and attached subordinate offices thereunder, for strict implementation.

(S. Chakrabarti)
Under Secretary to the Govt. of India

To
All Ministries/ Departments/ Organisations,
(As per standard list)

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Indian railways latest news today

No BPS/SG/CCS/ Pension Rules/22/4

Dated: 18.06.022

To
The CRB/CEO
M/O Railway (Railway Board)
The Secretary,
GOI -M/O Personnel, PG & Pensions-DOP&PW

Subject: Revision of RAILWAY SERVICES (PENSION) RULES, 1993 on the pattern of CCS pension 2021

Reference: 1. MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS – DOP&PW NOTIFICATION Dated: 20th December, 2021 (CCS Pension Rules 2021) 2. M/O Personnel, PG & Pensions – DOP&PW No 1/(52)/2022-P & PW (E) Dated: 14th June, 2022

Sir,

The Preface of Manual of RAILWAY SERVICES (PENSION) RULES, 1993 reads: ‘The present volume is thus, a self-contained compilation codifying all the Pension Rules applicable to Railway Servants in the form of statutory rules, on the pattern of Central Civil Services (Pension) Rules, 1972 applicable on the civil side.’

Indian Railway used to be a separate entity with a separate Budget during the British Raj and continued to be so even after that. But with the merger of Railway budget with the general budget of India it is no more a separate entity & is very much part of Civil administration of Govt. of India.

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS is the nodal Ministry for pension related matters where as Ministry of Railways is the administrative Ministry Railway Pensioners too are Central Government civil pensioners for all purpose. OMs/Circulars etc issued by the DOP & PW apply to them including the accepted recommendation of CPCs (though on recirculation by Rly BD).

CIVIL APPELLATE JURISDICTION; CIVIL APPEAL NO. 3173 OF 2018 (Arising out of S.L.P(CIVIL) No. 5456 OF 2018)- Union of India Versus R. Sethumadhavan & Anr. Judgment by Honourable Justice Madan B. Lokur, dated 22.03.2018

Para 3 of the judgment reads. “We recommend to the Department of Personnel and Training of the Government of India to try and make life after retirement easier for a Government servant by having appropriate legislation enacted by Parliament or applicable Pension Rules rather than a khichdli of Instructions, Office Memorandum, Clarifications, and Corrigenda and so on and so forth”.

Honourable Supreme Court recorded the above recommendation while passing judgment in the case of responded R. Sethumadhavan (Train Examiner). Recommendation, of the Honorable Supreme court vide their Para 3 were squarely with reference to rules applicable to the respondent who happened to be an ex Rly employee.

Taking note of court’s recommendation DOP & PW stream lined CCS Pension Rules 1972 & notified revised CCS pension Rules 2021. But Railway Administration perhaps inadvertently overlooked Court’s recommendation and continued with the rules drawn in 1993 on the pattern of CCS pension Rules 1972.

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