Full Pension to Pre 2006 Pensioners with less than 33 years of service but morethan 20 years QS – at par with Post 2006 Pensioners

Dear All affected,
For the information of every body,BPS is pursuing this issue justify from the beginning through different Forums.We have pleaded it before 7th CPC also.On 30.7.2015 only we said that the DOPPW OM dated 30.7.2006 is not implementation of CAT judgment but an extension of OM dated 28.01.2013 which was a result of BPS negotiations.

We have been informed that the issue of Full Pension to Pre 2006 Pensioners with more than 20 years of service but less than 33 yrs is still subjudice. Sometimes, over eagerness to file court cases becomes hurdle in negotiations & gives chance to administration to avoid or delay the issues.

I may assure you all that BPS wks for real achievements & not for gaining extra millage, neither BPS believes in inciting unjust inspirations.

I can only assure that BPS will not rest till all justified issues are resolved. Courts are the very last resort for pensioners.

Secy Genl. BPS

Source: BPS

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Dopt issued amendment orders on Voluntary retirement under FR 56(k),

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi-n0 001
Dated : 27th February, 2014

Subject : Voluntary retirement under FR 56(k), etc. and amendment of Rules.

The provisions of Fundamental Rule 56(k), 56(m) and Rule 48 of CCS(Pension) Rules, 1972 relating to acceptance of request of voluntary retirement have been revisited as per the Central Administrative Tribunal, Principal Bench judgement dated 4th August, 2010 in 0.A.No.1600/2009 filed by Shri Gopal Singh Purohit Vs U01 & Others to bring them at par with each other.

2.     The matter has ‘been examined in consultation with Department of Pension and Pensioners Welfare and the Ministry of Law. FR 56(k) and 56 (m) have been amended vide Extra Ordinary Gazette Notification No.GSR.27(E) dated 17 th January, 2014. It shall be open to the appropriate authority to withhold permission to a Government servant who seeks to retire under FR 56(k) or 56 (m) in the following circumstances:

(i) If the Government servant is under suspension ; or

(ii) If a charge sheet has been issued and the disciplinary proceedings are pending; or

(iii) If judicial proceedings on charges which may amount to grave misconduct, are pending.

Explanation: For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report of a police officer, of which the Magistrate takes cognizance, has been made or filed in a criminal proceedings.

3.     Copy of the Gazette Notification No.G.S.R.E.(27) dated 17.1.2014 amending FR 56(k) and FR 56(m) is enclosed.

4.     All Ministries/Departments are requested to bring the contents of this O.M. to the notice of all concerned.

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training )

NOTIFICATION

New Delhi, the 17th January, 2014

GS.R. – 27(E) In exercise of the powers conferred by the proviso to article 309 of the Constitution, and in consultation with the Comptroller and Auditor General in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rule further to amend the Fundamental Rules, 1922, namely :-

I. (1) These rules may be called the Fundamental (First Amendment) Rules, 2014.
(2) They shall came into force on the date of their publication in the Official Gazette.

2. In the Fundamental Rule, 1922, in rule 56, –
(a) in clause (k), in sub-clause ( I), for item (c), the following, shall be substituted namely :-

“(c) it shall be open to the Appropriate Authority to withhold permission to a Government servant, who seeks to retire under this clause, if,-
(i) the Government servant is under suspension: or
(ii) a charge sheet has been issued and the disciplinary proceedings are pending; or
(iii) if judicial proceedings on charges which may amount to grave misconduct, are pending.

Explanation :– For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report of a police officer, of which the Magistrate takes cognizance, has been made or filed in a criminal proceedings.”;

(b) for clause (m), the following shall be substituted, namely : –

“(m)A Government servant in Group ‘C’ post who is not governed by any pension rules, may, by giving notice of not less than three months in writing to the Appropriate Authority, retire from service after he has completed thirty years service :

Provided that it shall be open to the Appropriate Authority to withhold permission to a Government servant, who seeks to retire proceedings.”
(i) the Government servant is under suspension: or
(ii) a charge sheet has been issued and the disciplinary proceedings are pending; or
(iii) if judicial proceedings on charges which may amount to grave misconduct, are pending.

Explanation :- For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report
of a police officer, of which the Magistrate takes cognizance, has been made or filed in a criminal proceedings.”;

[No.25013/3/2010-Estt. (A-IV)]
MAMTA KUNDR A, Jt. Secy.

Source : www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/25013_3_2010-Estt-A.pdf]

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