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Doubts have been raissed in regard to the manner in which the pension and other retirment benfiits of government employees, who were on extraordinary leave / unauthorised absence / suspension as on 01-01-2006 and retired /  died thereafter without joining duty, would be regulated.
The following clarificatio regarding this is given below.


No.38/37/08-P&PW(A)
Government of India
Ministry of Personnel Public Grievances and Pensions
Department of Pension and Pensioner's Welfare

Lok Nayak Bhavan
New Delhi 110003

Sub: Regulation of pension and other retirement benefits of government servants who were on extraordinary leave/unauthorised absense/suspension as on 01-01-2006 and retired thereafter without joining duty.

The undersigned is directed to say that in accordance with Rule 33 of the CCS (pension Rules, for Calculation of Pension, the expression 'emoluments' means basic pay as defined in Rule 9(21) (a) (i) of the Fundamental Rules which a Government servant was receiving immediately before his retirement or on the date of his death. In accordance with Note 3 under this rule, if a Government servant immediately before his retirement or death while in service had been absenet count as service, the emoluments which he drew immediately before proceeding on such leave or being placed under suspension shall be the emoluments for the pruposes of this rule.

Doubts have been raissed in regard to the manner in which the pension and other retirment benfiits of government employees, who were on extraordinary leave/unauthorised absence/suspension as on 01-01-2006 and retired/ died thereafter without joining duty, would be regulated. The matter has been examined in consultation with the Ministry of Finance (Department of Expenditure ) and the following clarifications are issued.

Category of Govt employee Manner in which pension and other pensionary benefits are to be regulated.
Government servant, who was on extraordinary leave/unauthorized absence the period whereof does not count as qualifying service- as on 1-1-2006 and retired/died thereafter without joining duty. In accordance with Rule 33 of CCs(Pension) Rules, 1972, the basic pay which he drew immediately before proceeding on such leave, shall be the emoluments for the purpose of pension.




The pension/family pension thus calculated will be revised in accordance with the instructions contained in this Department's O.M. No. 38/37/08-P&PW(A) dated 01-09-2008 and will be paid to the pensioner/family pensioner from the date it becomes due. For the purpose of gratuity the emoluments shall also include Dearness Allowance admissible on the date of retirement/Death of the Government employee.





The pension/family pension/commutation of pension and gratuity will be regulated on accordance with the rules/instructions applicable before 1-1-2006.
Govt servant who was on extraordinary leave – the period whereof counts as qualifying service – as on 1-1-2006 and retired thereafter without joining duty The pay of such govt employee will be notionally revised w.e.f 1-1-06 and this notionally revised basic pay will be reckoned as emoluments for the purpose of pension.




For the purpose of gratuity, the emoluments shall also include Dearness Allowance admissible on the date of retirment/death of the Government servant.





His pension/family pension , commutation of pension and gratuity will be regulated in accordance with the instructions contained in this Department’s O.M. No 38/37/08-P&PW(A) dated 2-9-08 and will be paid to the pensioner/family pensioner from the date it becomes due.
Govt servant who was under suspension as on 1-1-06 and retired thereafter without joining duty. Such a govt servant on retirement is entitled to only provisional pension. The emoluments which he drew immediately before suspension shall be the emoluments for the purpose of provisinal pension. This provisional

These orders issue with the concurrence of Ministry of Finance (Department of Expenditure) vide their U.O.No.C-33/EV/2010 dated 13.5.2010.
In their application to the persons belonging to Indian Audit and Accounts Department these orders issue in consultation with the comptroller and Auditor General of India.

Tripthi P. Ghosh
Director




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1 Response to Regulation of Pension of employees who were on EO leave/suspension as on 01-01-2006

  1. Anonymous Says:
  2. what is meant by provisional pension in case of employees under suspension & retired without joining duty. With regards. A K Wadhera e mail akwadhera0133@rediffmail.com

     

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