MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 16th May, 2018

G.S.R.457(E). – In exercise of the powers conferred by sub-section (1) read with sub-section (1A) of section 3 of the All India Services Act, 1951 (61 of 1951), the Central Government, after consultation with the Government of Jammu and Kashmir, hereby makes the following rules, further to amend the All India Services (Death-Cum-Retirement-Benefits) Rules, 1958, namely :-

1 (1) These rules may be called the All India Services (Death-Cum-Retirement-Benefits) Amendment Rules, 2018.

(2) They shall be deemed to have come into force from the date of their publication in the Official Gazette.

2. In the All India Services (Death-Cum-Retirement-Benefits) Rules, 1958 in rule 16, after the third proviso under sub-rule 1, the following proviso shall be inserted, namely :-

“provided also that a Member of the Service holding the post of Chief Secretary to the Government of Jammu & Kashmir may be given extension of service, under exceptional circumstances, for a period beyond six months but the total term as Chief Secretary not exceeding three years and up to the age of sixty-two years, whichever is earlier, on the recommendations made by the State Government of Jammu & Kashmir, with full justification and in public interest, with the prior approval of the Central Government”.

[F.No. 24012/04/2018-AIS-II]

KAVITHA V.PADMANABHAN, Dy. Secy

Note : The principal rules were published in the Gazette of India, vide No. G.S.R. 728 (Extraordinary) Part II, Section 3, Sub-section (i) dated the 18th August, 1958 and subsequently amended by the following notifications:-

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One IAS officer Shri M.N. Vijaykumar, IAS (KN:81) has been imposed the penalty of compulsory retirement vide order dated 27.04.15.The penalty of Compulsory Retirement was imposed on Shri M.N. Vijaykumar, IAS (KN:81) on completion of departmental proceeding against the officer as per provisions of AIS (D&A) Rule, 1969.

Further, this department in exercise of the powers conferred under sub-rule 3 of Rule 16 of the All India Services (Death-Cum-Retirement benefits) Rules 1958, has prematurely retired, in public interest, one IAS officer namely Shri K. Narasimha (AGMUT : 1991).

With regard to IPS, the Ministry of Home Affairs has informed that penalty of compulsory retirement has not been imposed on any IPS Officer in last one year. However, the Ministry of Home Affairs, in exercise of the powers conferred under sub-rule 3 of Rule 16 of the All India Services (Death-Cum-Retirement benefits) Rules, 1958, in public interest has prematurely retired two IPS officers, namely, Shri Mayank Sheel Chohan, IPS (AGMUT:1998) and Shri Raj Kumar Dewangan, IPS (CH:1992) vide order dated 05.01.2017.

This was stated by the Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office, Dr. Jitendra Singh in a written reply to question by Shri Kirti Vardhan Singh in the Lok Sabha today.

PIB

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No.25011/6/2014-AIS(II)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

North Block, New Delhi-110001
Dated : 04.11.2015

OFFICE MEMORANDUM

Subject: – Counting of past service fix admissibility in old pension scheme, new pension scheme, pay protection and leave accumulation to All India Services officers: clarification regarding.

*******

I am directed to say that while introducing the New Pension Scheme from 01/01/2004, amendments to various existing rules including second proviso to Rule l of the All India Services (Death Cum Retirement Benefits) Rules, 1958 were made whereby these rules became inapplicable to those appointed to All India Service and posts from 01/01/2004. The pension of the member of All India Services appointed on or after 01/01/2004 is regulated by the New Defined Contribution Pension Scheme (known as the New Pension Scheme), notified by the Ministry of Finance (Department of Economic Affairs) vide their Notification No.5/7/2003-ECB2 PR dated 22/12/2003 now rechristened as National Pension System as per Section 8 of Pension Fund Regulatory Development Authority Act, 2013. The guidelines for New Pension Scheme in respect of All India Services was issued by this Department vide letter No.25014/14/2001-AIS(II) dated 08/09/2009 in terms of the instruction/guidelines notified by the Ministry of Finance.

2. Therefore, in view of the above new and changed position, this Department has received references from the State Governments and member of services for Clarification in regard to counting of past services for the purpose of pensionary benefits, pay protection and leave accumulation. The matter has been examined by this Department in consultation with the Ministry of Finance (Department of Expenditure) and Department of Pension and Pensioners’ Welfare and has decided as under: –

(i) The member of All India Services who had been an employee in pensionable establishment viz. Central/State Governments or autonomous bodies as on 31/12/2003 and appointed to All India Services on or after 01/01/2004 with proper permission shall be covered under the old non-contribution pension scheme in terms of Office Memorandum No. 28/30/2004-P&PW(B) dated 28/10/2009,which has been made applicable Mutatis-Mutandis to members of All India Services by this Department vide letter No. 25014/1/2013-AIS(II) dated 18/3/2013. The pay protection and leave accumulation arising out of previous service would be admissible as per relevant rules of respective All India Services (Pay) Rules and All India Services (Leave) Rules 1955.

(ii) Those under CPF etc will not be allowed entry into the old pension scheme on appointments from 01/01/2004

(iii) The member of All India Services who were appointed to government service in the central/state governments or autonomous bodies, whether in a pensionable or non-pensionable establishment, on or after 01/01/2004 before being appointed to All India Services shall be governed by the New Pension Scheme. The pay protection and leave accumulation arising out of their previous service would be admissible as per the relevant rules of the respective All India Services (Pay) Rules and All India Services (Leave) Rules, 1955.

(iv) The admissibility of counting of past services for the purpose of benefits as mentioned at point (i) and (iii) above shall be subject to continuous service and technical resignation.

3. The State Governments are competent to determine the past service rendered by the member of service for such benefits as mentioned above. The service rendered by a member of All India Services before his appointment to the service under the Central Government or a State Government will count as continuous service for the said benefits subject to the fulfilment of the specific conditions provided in the All India Services (Leave) Rules, 1955 and the respective All India Services (Pay) Rules. Approval of the Central Government is not necessary for counting the previous service for such benefits. In such cases the Government of the State on whose cadre the member of service is borne/the Accountant General concerned, will have to take necessary action in consultation with the Central Department or the State Government, if the officer had worked under the Central Government or another State Government, as the case may before joining the All India Services, to count such service as qualifying service for the aforesaid benefit. If any clarification is required or condonation of break in service is involved, a reference may be set to the Department of Personnel and Training in the case of members of the Indian Administrative Services, the Police Division of the Ministry of Home Affairs in the case of Indian Police Service and the Ministry of Environment, Forest and Climate Change in the case of members of Indian    Forest Service.

(Rajiv Jain)
Under Secretary to the Government of India

Download DoPT OM No.25011/6/2014-AIS(II) dated 04.11.2015

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