E-11282
No. K-16003/1/2022- Group B-CGA/1165
Government of India
Ministry of Finance
Department of Expenditure
Controller General of Accounts

Mahalekha Niyantrak Bhawan,
E-Block, GPO Complex,
I.N.A, New Delhi- 110023.

Dated: 14th September, 2023

OFFICE MEMORANDUM

Subject:- Strengthening of Administration- Periodic review of Central Government Employees under FR 56 (J) and Rule 48 of CCS (Pension) Rules, 1972.

The undersigned is directed to refer to this office O.M. No. K-16003/1/2020 -Group B-CGA/591 dated 17.02.2022 and even No. 691 dated 21.03.2023 wherein all Pr. CCAs/ CCAs/Jt. CGAs/ CAs (I/c) were requested to undertake the periodic review in respect of CCAS (Gr. B & C officials) working under their jurisdictions in terms of DoP&T’s O. M. No. 25013/03/2019-Estt.A-IV dated 28/08/2020 and furnish a report to this office in the prescribed format by 2nd day of each month.

2. It has been observed that O/o Pr. CCAs/ CCAs/CAs (l/c) of various Ministry/ Departments do not submit the requisite information within the prescribed time limit despite the issuance of directions by this office on various occasions. Further, in some cases it is also observed that the information furnished by the Ministry/ Department is not accurate for the month for which the information is being furnished as it includes repeated figures of the previous months or cumulative figure.

3. The requisite information is required for further submission to Department of Expenditure, MoF. In the absence of correct information from Ministry/ Departments, this office is facing difficulty for onward submission of information to the Department of Expenditure, Ministry of Finance, Delhi in a time bound manner.

4. It is, therefore, once again requested to ensure strict compliance of the orders of this office and to undertake the periodic review in respect of Gr. ‘B’ & ‘C’ officials of CCAS under Rule 56 (j) and Rule 48 of CCS (Pension) Rule, 1972 in terms of DoPT O.M. dated 28.08.2020. It may also be ensured that the report in the prescribed format is furnished to this office by 2nd day of each month without fail. If there is no case under ibid rules, the Ministries/ Departments is requested to furnish “NIL” information in the prescribed format to this office.

9. It is also to be ensured that the figures reflected in the monthly report are not repeated or cumulative in nature.

6. In case, the Ministries/ Departments has not furnished the report in the prescribed format to this office by 2nd day of each month, the report of the said Ministries/ Departments will be treated as “NIL”.

(Jyoti Vinod)
Sr. Accounts Officer (HR-3)

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Extension of benefits under the CCS (Pension) Rules or the CCS (EOP) Rules to the families of missing Central Government employees covered by the National Pension System (NPS)

No. 57/03/2020-P&PW (B)
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Pension and Pensioners’ Welfare

Lok Nayak Bhavan, Khan Market
New Delhi, Dated the 28th April, 2022

OFFICE MEMORANDUM

Subject:- Provision for extending benefits under CCS (Pension) Rules or CCS (EOP) Rules to family of missing Central Government employees covered under National Pension System (NPS) – reg.

The undersigned is directed to say that the New Pension Scheme (now called as National Pension System) (NPS) was introduced vide Ministry of Finance. Department of Economic Affairs’ notification
No. 5/7/2003 -ECB&PR dated 22.12.2003. It was provided that NPS would be mandatory for all new recruits to the Central Government service from 1st of January 2004 except the Armed Forces.
Simultaneously, the Central Civil Services (Pension) Rules, 1972 and the Central Civil Services (Extraordinary Pension) Rules were amended to provide that those rules would be applicable to the Government servants appointed on or before 31.12.2003.

2. However, considering the hardship being faced by the Government servants appointed on or after 01.01.2004, benefits of CCS (Pension) Rules, 1972 or CCS(Extraordinary Pension) Rules, as the ease may be, were extended on provisional basis, in the event of death of Government servant covered by NPS or his discharge from service on invalidation disablement, vide this Department’s OM No, 38/41/06/P&PW(A) dated 05.05.2009.
3. Further, the Central Civil Services (Implementation of National Pension System) Rules, 2021 have been notified on 31.03.2021 inter-alia providing Government servants covered under these rules for exercise of options during their service for availing benefits of CCS (Pension) Rules, 1972 or CCS(Extraordinary Pension) Rules, as the case may be, or benefits from their Accumulated Pension Corpus under National Pension System, in the event of death of the Government servant covered under UPS or his discharge from service on account of invalidation or disablement.
4. If a Government servant covered by the CCS (Pension) Rules, 1972 goes missing. the benefits of arrears of salary, family pension, retirement gratuity, leave encashment, etc. are paid to the families of the missing employees in accordance with the instructions issued vide this Department’s OM No. 1/17/2011-P&PW(E) dated 25.06.2013, References have been received from Ministries / Departments for extending the provisions of the OM dated 25.06.2013 to Government servants covered under NPS, who go missing during service and whose whereabouts are not known.
5. The matter has been examined in consultation with Department of Personnel and Training, Department of Financial Services and Department of Expenditure. Considering the hardship faced by the family of such Government servants. It has been decided to extend the benefits Of this Department’s OM No. l/17/2011 -P&PW(E) dated 25.06.2013 to the families of Government servants covered by NPS who go missing during service. Accordingly, in all cases where a Government servant covered by NPS goes missing during service, the benefits of family pension may be paid to the family if the missing Government servant had exercised option for benefits under CCS (Pension) Rules on death or discharge from service on disabl1ity/invalidation or the benefits under CCS
   (Pension) times is the default option under the Central Civil Services (Implementation of National Pension System) Rules, 2021. The benefit of arrears of salary, retirement gratuity and leave
   encashment shall be paid to the family in all cases where a Government employee covered under NPS goes missing during Service, irrespective whether the employee had exercised option for benefits under CCS (Pension) Rules or under the Pension Fund Regulatory and Development Authority (Exits and Withdrawals under National Pension System) Regulations, 2015. Payment of the benefits to the family of the missing Government servant would, however, be subject to the conditions and procedural requirements, as mentioned in this Department’s OM dated 25.06.2013.
6. In the case of a Government servant covered under NPS goes missing during service and his family is given family pension under CCS(Pension) Rules or CCS(TOP) Rules, the Permanent
   Retirement Account under national pension System would remain suspended till the Government servant re-appears or till he is declared dead in accordance with the law. In the event of
   re-appearance of Government servant, the NPS account would be re-activated and the same account under NPS will become operative. Recoveries of payments made to the family of missing NPS employee would be made from the indemner as provided under this Department’s OM dated 25.06.2013. However, in the event of Government servant being declared dead at any time or after seven years, Government contribution and returns thereon from the accumulated pension corpus under NPS would be transferred to the Government account and remaining corpus comprising of employees contribution and returns thereon would be paid to the nominee or legal heir as the case may be in accordance with CCS(Implementation of NPS) Rules, 2021 and family will keep getting benefits as per CCS (Pension) Rules or CCS(EOP) Rules, as the case may be.
7. The claim by the Government servant or the family for getting benefits under CCS (Pension) Rules, or CCS(EOP) Rules, as the case may be, would be submitted in the same manner as prescribed under the rule and rules and DoPPW OM dated 25.06.2013. The process for grant of benefits under CCS(Pension) Rules, or CCS(EOP) Rules would be initiated in accordance with the option exercised by the Government servant or default option prescribed under CCS (Implementation of NPS) Rules, 2021. Necessary action for freezing of account under NPS would be started simultaneously and the process of grant of benefits under CCS(Pension) rules or CCS(TOP) Rules, as the case may be,
   should not be deferred till the process of freezing of account under UPS is completed.
8. These orders shall take effect from 01.01.2004. Interest on delayed payment of retirement gratuity, as provided under the CCS (Pension) Rules, would be paid at the rates and manner
   applicable for Public Provident Funds deposits from time to time. However, no interest would be paid for any amount due before issue of these instructions.
9. In all those cases where on re-appearing of Government servant whose whereabouts were not known, and where benefits under DoPPW OM dated 25.06.2021 have been paid, the quantum of
   family pension awarded exceeds the recoverable emoluments, the matter needs to be settled in consultation with Department of Pension and Pensioners’ Welfare and Department of Expenditure.
10. All Ministries / Departments are requested to bring the contents of these orders to the notice of Controller of Accounts / Pay and Accounts Officers and Attached / Subordinate Offices under them.
11. This issues in consultation with of Ministry of Finance, Deptt. of Expenditure vide ID Note No. l(11)/EV/2021 dated 29.03.2022 and in consultation with Controller General of Accounts vide their I.D. Note No.TA-3-104/5/2019-TA-III/CS-557/235 dated 15.03.2021.
12. 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 tic Constitution of India.
13. Hindi version will follow.

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

Download Benefits to family of missing Central Government employees covered under National Pension System NPS PDF

புதிய பென்சன் திட்டத்தின் கீழ் உள்ள மத்திய அரசு ஊழியர் வேலையில் இருக்கும் போது காணாமல் போயிருந்தால் (Missing Central Government Employees covered under New Pension Scheme) அவர்களது குடும்பத்தினருக்கு பழைய பென்சன் திட்டத்தின் அடிப்படையில் குடும்ப ஓய்வூதியம் வழங்க இன்று (28.4.2022) உத்தரவு பிறப்பிக்கப்பட்டுள்ளது.

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According to the CCS Pension Rules, Payment of a Family pension to mentally disabled son or disability through a person nominated by a government employee, pensioner, or family pensioner and not to insist on a guardianship certificate issued by a court of law in such cases to All Pension Disbursing Banks.

1/4/2021-पी एंड पी डब्‍लू (ई) भाग-I
भारत सरकार
कार्मिक लोक शिकायत तथा पेंशन मंत्रालय
पेंशन और पेंशनभोगी कल्‍याण विभाग
(डेस्‍क-ई)

तीसरा तल, लोक नायक भवन
खान मार्केट, नई दिल्‍ली-110003
दिनांक-जनवारी 19, 2022

To
CMDs of All Pensions Disbursing Banks
(Through E-mail)

Sub: Payment of family pension in respect of a child suffering from a disorder or disability of mind through the person nominated by the Government servant/pensioner/family pensioner

I am directed to say that in accordance with the Central Civil Services (Pension) Rules, family pension is payable for life, subject to certain conditions, to a child of a deceased Government servant/pensioner, who is suffering from any disorder or disability of mind or is physically disabled so as to render him or her unable to earn a living even after attaining the age of twenty-five years,

2. As per Rule 50(9)(h)(iv) of the Central Civil Services (Pension ) Rules, 2021 (earlier clause (iii) of second proviso to Rule 54(6) of the Central Civil Services (Pension ) Rules, 1972), family pension shall be paid to a son or daughter, who is suffering from any disorder or disability of mind including the mentally retarded, through the guardian as if he or she were a minor.

3. Rule 50(9)(h)(vii) of the CCS (Pension ) Rules, 2021 (earlier clause (vi) of second proviso to Rule 54(6) of the CCS (Pension) Rules, 1972), however, provides that in the case of a mentally retarded son or daughter, the family pension can be paid to a person nominated by the Government servant or the pensioner, as the case may be, and in case no such nomination has been furnished to the Head of Office by such Government servant or pensioner during his lifetime, to the person nominated by the spouse of such Government servant or family pensioner, as the case may be, later on. The Guardianship Certificate issued under section 14 of the National Trust Act,1999 (44 of 1999), by a local level Committee, shall also be accepted for nomination or appointment of guardian for grant of family pension in respect of the person suffering from Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities as indicated in the said Act.

4. It has been brought to the notice of this Department that in some cases, the Pension Disbursing Banks are not allowing family pension in respect of a mentally retarded child through the person nominated by the pensioner or his/her spouse in accordance with Rule 50(9)(h)(vii) of the CCS (Pension ) Rules, 2021 (earlier clause (vi) of second proviso to Rule 54(6) of the CCS (Pension ) Rules, 1972) in spite of the fact that such nomination has been duly incorporated in the Pension Payment Order issued to the mentally retarded child. These banks insist on payment of family pension through a person having a guardianship certificate issued by a court of law.

5. Clause (vii) in the Rule 54(9)(h) of the CCS (Pension) Rules, 2021 is intended to avoid any hassles to the child suffering from a mental disability in obtaining the guardianship certificate from the court and in claiming family pension after the death of his/her parents. As per this rule, a Government servant/pensioner or his/her spouse can nominate a person to receive family pension payable to a mentally retarded child. In cases where such nomination is submitted by a Government servant/pensioner/family pensioner, a guardianship certificate issued by a court of law is not necessary.

6. Accordingly, in cases where a nomination made by the Government servant/pensioner/family pensioner has been incorporated in the Pension Payment Order issued to child suffering from a mental disability, it is incumbent on the Pension Disbursing Banks to disburse the family pension in respect such child through the person so nominated. Insisting for a guardianship certificate by the Banks in such cases would defeat the very purpose of such nomination and would also amount to violation of the statutory provisions of the CCS (Pension) Rules, 2021.

7. It is requested that suitable instructions may be issued to the CPPCs/Pension Paying Branches of your Bank for payment of family pension in respect of a mentally retarded child through the person nominated by the Government servant/ pensioner/ family pensioner in accordance with the statutory provisions of CCS (Pension) Rules and not to insist for a guardianship certificate issued by a court of law in such cases. All Pension disbursing branches also be asked to acknowledge receipt of these instructions.

8. This issues with the approval of Competent Authority.

भवदीय

(संजय शंकर)
भारत सरकार के उप सचिव

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R.B.E. No. 10/2021

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

No. D-43/4/2018 -F(E)III

New Delhi
Dated: 19.02.2021.

The General Managers/ Principal Financial Advisors,
All Zonal Railways/ Production Units.

Sub:- Payment of lump-sum compensation to employees covered under NPS on retention in Railway service in spite of disablement attributable to Railway service in accordance with Rule 10(3) of the Railway Services (Pension) Rules, 1993 – regarding.

A copy of the Department of Pension & Pensioners’ Welfare (DOP&PW)’s O.M. no. 01.03.2019- P&PW(F) dated 01.01.2021 is enclosed for information and guidance. These instructions shall apply mutatis mutandis on the Railways also. The Central Civil Services (Pension) Rules, 1972 and the Central Civil Services (Extra Ordinary Pension) Rules, 1939 correspond to the Railway Services (Pension) Rules, 1993 and the Railway Services (Extra Ordinary Pension) Rules. 1993 respectively.

2. The Railway Board’s instructions/ Railway Services (Extraordinary Pension) Rules, 1993 corresponding to DOP&PW’s instructions /CCS (Extraordinary Pension) Rules, 1939 referred to in their aforesaid O.M. dated 01.01.2021 are given below:-

(G. Priya Sudarsani)
Director. Finance (Estt.)
Railway Board

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Z.15025/ 10/ 2020/ DIR/ CGHS
Government of India
Ministry of Health & Family Welfare
Directorate General of Central Govt. Health Scheme
(CGHS-III)

Nirman Bhawan, New Delhi,
February, 2021

OFFICE MEMORANDUM

Sub: Inclusion of second wife’s name in CGHS pensioner card-regarding.

Kind reference is invited to your email dated 3.2.2021 vide which clarification of this Directorate regarding subject matter was sought.

2. In this regard the undersigned is directed to request you to follow the procedure as enumerated under the Rule 18 of CCS (Pension) Rules, 1972 for endorsement of family pension entitlement of post retiral spouse in the Pension Payment Order of Central Government Civil Pensioners as given below:

• (i) As and when a pensioner marries or re-marries after retirement he shall intimate the event to the Head of Office who processed his pension papers at the time of his retirement. He shall also furnish along with his application an attested copy of the marriage certificate from Registrar/ Gram Panchayat/ District Magistrate in respect of his post-retirement marriage.
• (ii) The Head of Office on receipt of the application mentioned above and after due verification where necessary, forward the papers to the concerned Pay & Accounts Officer for the issue of Corrigendum PPO. While forwarding the papers to the Pay & Accounts Officer, the provisions of clause (b) of sub-rule (7) of Rule 54 of the CCS (Pension) Rules 1972 shall be kept in mind. When the pensioner does not have any child or children from his previous marriage, if any, the post-retiral spouse shall be eligible for a full family pension. Where the pensioner has any eligible child or children from another wife who is not alive, the family pension to the post-retiral spouse and the child/ children from the previous marriage will be authorized in terms of clause (b) of sub-rule (7) of Rule 54 ibid.
• (iii) The Corrigendum PPO shall be forwarded by the Pay & Accounts Office to the concerned pension disbursing authority through the Central Pension Accounting Office. A copy of Corrigendum PPO shall also be endorsed to the pensioner.
• (iv) As far as children, including those born after retirement, are concerned, a fresh PPO will be issued as and when the turn of each child for receipt of family pension is reached as at present.

3. To verify the genuineness of the marriage claim by the pensioner seeking CGHS facilities for his second wife, a corrigendum PPO may be demanded from the pensioner issued as per Rule 18 of CCS (pension) Rules 1972.

This issue with the approval of the Competent Authority.

(Dr. G D Paliya)
Addl. Dy. Dir. General (HQ)

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After the 7th CPC Revision of limits of two family pension payable to a child in respect of both the parents

The highest pay in the Government has been revised to Rs. 2, 50,000/ – per month after the 7th CPC. Accordingly, it is clarified that, with effect from 01.01.2016, the amount of Rupees forty five thousand per month in Rule 54(11)(a)(i) & (ii) shall stand revised to Rupees one lakh- twenty-five thousand per month (being 50% of Rs. 2,50,000/ -) and the amount of twenty seven thousand per month in Rule 54(11)(b) shall stand revised to Rupees seventy five thousand per month (being 30% of Rs. 2,50,000/ -)

1/ 1(2)/ 2020-P&PW (E) Part-1
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners Welfare

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi
Dated 12th February, 2021

OFFICE MEMORANDUM

Subject: Revision of limits of two family pensions payable to a child in respect of both the parents after the 7th CPC.

In accordance with sub-rule (11) of rule 54 of the Central Civil Services (Pension) Rules 1972, in case both wife and husband are Government servants and are governed by the provisions of that rule, on their death, the surviving child/ children is/ are eligible for two family pensions in respect of the deceased parents. As per the existing rule 54, if one of the parents dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of the death of the husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, subject to the limits specified below:

Also Read: Eligibility of divorced daughters for grant of family pension

• (a) (i) If the surviving child or children is or are eligible to draw two family pensions at the rate mentioned in sub-rule (3) of Rule 54, the amount of both the family pensions shall be limited to forty-five thousand rupees per month;
  (ii) If one of the family pensions ceases to be payable at the rate mentioned in sub-rule (3) of Rule 54, and in lieu thereof the family pension at the rate mentioned in sub-rule (2) of Rule 54 becomes payable, the amount of both the pensions shall also be limited to forty-five thousand rupees per month.
• (b) If both the family pensions are payable at the rates mentioned in sub-rule (2) of Rule 54, the amount of two family pensions shall be limited to twenty-seven thousand rupees per month.

2. The limits of Rs. 45,000/ – per month and Rs. 27,000/ – per month in the existing Rule 54(11) were determined at the rate of 50% and 30%, respectively, of the highest pay of Rs. 90,000/ – in the 6th CPC and were notified vide Notification No. 38/ 80/ 2008-P&PW (A) dated 8th June 2011 (GSR 176 dated the 11th June 2011).

3. References have been received in this Department in regard to the limits of two family pensions payable to child/ children in respect of both the parents, after the 7th CPC.

4. The highest pay in the Government has been revised to Rs. 2, 50,000/ -per month after the 7th CPC. Accordingly, it is clarified that, with effect from 01.01.2016, the number of Rupees forty-five thousand per month in Rule 54(11)(a)(i) & (ii) shall stand revised to Rupees one lakh- twenty-five thousand per month (being 50% of Rs. 2,50,000/ -) and the amount of twenty-Seven thousand per month in Rule 54(11)(b) shall stand revised to Rupees seventy five thousand per month (being 30% of Rs. 2,50,000/ -).

Retirement guide for a central government employees

5. Formal amendment to the Central Civil Services (Pension) Rules in this respect shall be notified separately.

sd/ –
Sanjoy Shankar
Deputy Secretary to the Government of India

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Navodaya Vidyalaya Samiti
Ministry of Education, Govt. of India
(Deptt. of School Education & Literacy)
B-15, Institutional Area Sector 62, NOIDA, Gautam Budh Nagar (U.P.)- 201309

F.No.24-01/2013(GA)/212

Dated: 09.12.2020

NOTIFICATION

This office is in receipt of representations from various serving and retired employees of Navodaya Vidyalaya Samiti for coverage under Old Pension Scheme i.e. Pensionary Benefit under CCS (Pension) Rules – 1972.

Dealing with each individual representation on this subject is not feasible. Therefore, for information of all the concerned it is intimated that the issue regarding grant of benefits of CCS (Pension) Rules – 1972 to the Samiti’s employee has been considered and examined on a number of occasions by the Government but this benefit is not extended so far due to various reasons.

Enhancement of ceiling of Payment of Gratuity to the NVS employees from Rs.10.00 lacs to Rs.20.00 lacs

In place of CCS (Pension) Rules – 1972, a proposal for grant of Annuity Based Pension to the serving employees of Navodaya Vidyalaya Samiti who joined Samiti before 01.01.2004 is under consideration. Further, New Pension Scheme has already been made applicable to the employees who joined Samiti on or after 01.04.2009 and option was also provided to the employees who joined upto 31.03.2009 for opting NPS or to continue with existing CPF scheme.

With this the representations and notices of all the serving as well as retired employees stand disposed off.

This issues with the approval of the Competent Authority.

(Raghuvendra Kumar)
Assistant Commissioner (Admn.)

1. Deputy Commissioner, All ROs/NLIs
2. The Principals, All JNVs through concerned ROs
3. AC (IT) – with a request to arrange to upload the same on the website of NVS.

Source: NVS

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CGDA

Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt- 110010

No. AN/  Estt-Others)/11206 /SAPR/FR-56(J)/2019

Dt. 09.10.2020

To,

PCA(Fys) PCsDA/ CsDA
(Through CGDA Website)

Subject: Periodic Review of Central Government Employees for strengthening of administration under Fundamental Rule (FR 56U)/(i) and Rule 48 of CCS (Pension) Rules 1972.

In continuation of this HQrs office circular bearing No. even dated 02.03.2020 regarding instructions exist on the need for periodical review of performance of Government servants with a view to ascertain whether the Government servant should be retained in service or retired from service in the public interest. In this connection relevant orders were enclosed for guidance and taking an appropriate action with reference to orders on the subject.

Also check: CGDA – Periodic review of Central Government Employees under Rule 48 of CCS (Pension) Rules,1972

In this regard, a copy of DoPT letter No. 25013/03/2019-Estt .A-IV dated 28/08/2020 on the above subject is forwarded herewith for information, guidance and necessary action please.

Also Check: Periodic Review of Central Government Employees for strengthening of administration under Fundamental Rule (FR) 560)1(l) and Rule 48 of CCS (Pension) Rules, 1972

(Rajeev Ranjan Kumar)
Dy.CGDA (AN)

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Government Of India

Family Pension for Daughter under CCS (Pension) Rules

1. The family pension is payable to the unmarried/ widowed/ divorced daughter until she gets married or remarried or until she starts earning her livelihood, whichever is earlier.

Also check: Family Pension Table in 7th Pay Commission

2. The family pension is payable to unmarried/ widowed/ divorced daughter above the age of 25, after all unmarried children have attained the 25 years of age or have started . earning their livelihood, whichever is earlier.

3. If the deceased government servant/ pensioner has survived by any disabled child, the widow/ divorced/ unmarried daughter will be eligible to receive family pension only after the turn of disabled child.

Also check: Revision of Pension/ Family Pensioners of Pre 01.01.2016 and Post 01.01.2016 retired employees

4. Divorced daughter is eligible for family pension where the divorce proceedings had been filed in a competent Court during the lifetime of the employee/ pensioner or his/her spouse but divorce took place after their death. In such cases, the family pension will commence from the date of divorce.

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Urging upon the Government of India to discuss the employees Organisations before implementing FR 56(J)/ (l) and Rule 48 of the CCS (Pension) Rules, 1972.

This online Federal Executive meeting of the National Federation of Civil Accounts Associations (NFCAA), which represents the All India Civil Accounts Employees Association and the All India Civil Accounts Employees Association Category-II held today the 4th September 2020 deliberated on the OM. No. 25013/03/2019-Estt.A IV dated 28″ August 2020 issued by the DOP&T with the direction of application of Fundamental Rule (FR) 560)/ (l) and Rule 48 of the CCS (Pension) Rules, 1972.

According to FR and CCS (Pension) Rules, 1972 the appropriate authority has the absolute right to retire Government Servant prematurely under the provisions of FR 56 (J), 56() and Rule 48(1) (b) of CCS(pension) Rules in public interest. All Government Group ‘A & B’ officers covered by CCS (Pension) Rules who entered service before 35 years of age and have attained 50 years of age and for others who have attained 55 years of age can be retired prematurely if it is necessary to do so in public interest. A Government servant in Group “C” post, who is not governed by any Pension Rules, can also be retired under FR 56(l) after he has completed 30 years of service.

This meeting is of the firm view that the rules are undemocratic, unilateral and anti-employee. There is a very scant chance of using the rules fairly and impartially and not arbitrarily. The term “Government Servant” instead of “Government Employee” being used by the British colonial Rulers in respect of Indian employees in pre-independent India still exists in the rules. The procedure itself is harsh on the part of employees and bias cannot be denied on the part of administration to victimise those having difference of opinion on many matters, procedure of work. When there is availability of penal clauses to justify the ends compulsorily retiring Government employees on the pretext of review at the age of 50/55 no doubt brings humiliation with it. A reasoned outcome of committee reports when not intimated/shown to the affected employees do not ensure impartiality enshrined in the spirit of law. “Public interest” and “Ineffectiveness” are loose terms and have various meanings due to the unquantifiable nature of work of government servants in a welfare state in which profitability is less important. It is very difficult to ensure that employees recommended for compulsory retirement under FR56 (j) or 56 (l) or the Rule 48 of the CCS (Pension) Rules, 1972 brought justice to government exchequer. It might lead to avoiding the path of punishing offenders and retiring them with pride.

This meeting is of the firm opinion that the Summary procedure itself for processing the provisions under FR56 (j) or 56 (l) or the Rule 48 of the CCS (Pension) Rules, 1972 is faulty and undemocratic and bringing disrepute to Government Employees working fearlessly for the welfare of society. Government has the absolute right to retire its employees, prosecute for losses as an employer but due procedure must be followed and constitutional validity of very old rules framed with the pre-independence era mind-set are to be reviewed.

This meeting therefore, resolved to urges upon the Government of India to kindly consider the grave concern of the Central Government Employees with regard to provisions under FR56 (j) or 56 (l) or the Rule 48 of the CCS (Pension) Rules, 1972 and in order to ensure justice to the Central Government employees, discuss with the staff side JCM (NC) and the National Federation of Central Government & Allied Employees & Workers Organisations (NFCGA-EWO) and keep the implementation of the DOP&T OM dated 28th August 2020 in abeyance till the discussions take place.

The meeting further resolves to forward this Resolution to the Cabinet, Secretary to the Government of India, Secretary, DOP&T and the Controller General of Accounts, Department of Expenditure, Ministry of Finance, with endorsement of its copies to the Secretary, Staff side, JCM (NC) and the Secretary General, NFCGA-EWO.

Sd/-
(Amol Sule)
President

No. NFCAA/HQ/A-2/2020/ Corr-15

Dated: 08.09.2020

To,

1. The Cabinet Secretary, Government of India, Rashtrapati Bhawan, New Delhi-110004

2. The Secretary, Department of Personnel & Training, Government of India, North Block, New Delhi- 110001.

3. Controller General of Accounts, Department of Expenditure, Ministry of Finance,
4th Floor, GPOA, Block-E, INA, New Delhi – 110023.

Subject : forwarding of Resolution adopted in the Federal Executive meeting on 4th September 2020 urging upon the Government of India to discuss the employees Organisations before implementing FR 56(J)/ (I) and Rule 48 of the CCS (Pension) Rules, 1972.

Sir/Madam,

I have been directed to forward herewith a self-contained Resolution on the above mentioned subject adopted in the Federal Executive meeting of this federation held online through video conferencing on 4th September 2020 for your kind consideration and favorable decision.

Thanking you,

Yours Sincerely,

Encl: as stated above

(V. Bhattacharjee)
Secretary General

Copy to:
1. Secretary, Staff side, JCM(NC), New Delhi
2. Secretary, General, NFCGA-EWO, New Delhi.

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