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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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