CCS Pension Rules 1972 has now been revised to CCS Pension Rules 2021. Those who have reemployed on or after 01.01.2004, this rules is no more effective for them. However, due to misinterpretation of Rule 19 and 20 of CCS Pension Rules 2021 and DOP&PW letter dt 02.10.2021, reemployed exservicemen are approaching Court to get the benefit of pay fixation duly ignored the entire pension. In this article we have reproduced the provision of all the above rules and fit is self explanatory, how these rules are effective or not on Pay Fixation.
Rule 19 of CCS Pension Rules 2021.
Counting of pre-retirement civil service in the case of re-employed Government servants.-
(1) A Government servant who, having retired on compensation pension or invalid pension or compensation gratuity or invalid gratuity, was re-employed and appointed, on or before 31st December, 2003 to a service or post to which these rules apply and who on such reemployment or appointment, in accordance with an option exercised under the Central Civil Services (Pension) Rules, 1972, ceased to draw his pension and refunded or agreed to refund–
(i) the pension already drawn,
(ii) the value received for the commutation of a part of pension, and
(iii)the amount of retirement gratuity including service gratuity, if any, shall count the former service, as qualifying service :
(2) In accordance with the Central Civil Services (Pension) Rules, 1972, for counting past service under the relevant rule,
(i) the pension drawn prior to the date of re-employment was not required to be refunded,
(ii) the element of pension which was ignored for fixation of his pay including the element of pension which was not taken into account for fixation of pay was to be refunded by the Government servant, and
(iii)the element of pension equivalent of gratuity including the element of commuted part of pension, if any, which was taken into account for fixation of his pay was to be set off against the amount of retirement gratuity and the commuted value of pension and the balance, if any, was to be refunded by him.
(3) A Government servant who opted for counting of his former service was required to refund the gratuity received in respect of his earlier service, in monthly instalments not exceeding thirty-six in number, the first instalment beginning from the month following the month in which he exercised the option. In such case, the right to count previous service as qualifying service shall not revive unless the whole amount has been refunded.
(4) In the case of a Government servant, who, having elected to refund the gratuity, dies before the entire amount is refunded, the amount of unrefunded gratuity shall be adjusted against the death gratuity which may become pay[1]able to his family.
(5) In the case of a Government servant who opted to continue to draw the pension or retain the gratuity sanctioned for his earlier service, and in whose case his former service was not to be counted as qualifying service, the pension or gratuity admissible for his subsequent service is subject to the limitation that service gratuity, or the capital value of the pension and retirement gratuity, if any, shall not be greater than the difference between the value of the pension and retirement gratuity, if any, that would be admissible at the time of the Government servant’s final retirement if the two periods of service were combined and the value of retirement benefits already granted to him for the previous service.
Explanation.- The capital value of pension shall be calculated in accordance with the table prescribed by the President under the Central Civil Services (Commutation of Pension) Rules, 1981 applicable at the time of the second or final retirement.
Rule 20 of CCS Pension Rules 2021.
Counting of military service rendered before civil employment.-
(1) A Government servant, who after having rendered military service, was re-employed in a civil service or post on or before 31st December, 2003 and who on such reemployment, in accordance with an option exercised under the Central Civil Services (Pension) Rules, 1972, ceased to draw his pen[1]sion and refunded or agreed to refund-
(i) the pension already drawn; and
(ii) the value received for the commutation of a part of military pension; and
(iii)the amount of retirement gratuity including service gratuity, if any; shall count previous military service, as qualifying service.
Explanation.-1. In accordance with the Central Civil Services (Pension) Rules, 1972, for counting past military service under the relevant rule,
(i) the pension drawn prior to the date of re-employment was not required to be refunded.
(ii) the element of pension which was ignored for fixation of his pay including the element of pension which was not taken into account for fixation of pay on re-employment was not required to be refunded by him, (iii)the element of pension equivalent of gratuity including the element of commuted part of pension, if any, which was taken into account of fixation of pay was required to be set off against the amount of retirement gratuity and the commuted value of pension and the balance, if any, was required to be refunded by him.
Explanation.-2. A Government servant, who had rendered military service and who on re-employment in a civil service or post on or before 31st December, 2003, had opted, in accordance with Rule 19 of the Central Civil Services (Pension) Rules, 1972, to continue to draw the military pension or retain gratuity received on discharge from military service, his former military services shall not count as qualifying service under these rules. Explanation.-3. A Government servant, who had rendered military service after joining that service after 31st December, 2003, shall, on re-employment in a civil service or post, continue to draw the military pension or retain gratuity received on discharge from military service and on re-employment in a civil service or post, he shall be covered by the rules governing the National Pension System.
(2) A Government servant, who had exercised the option referred to in sub[1]rule (1), was required to refund the pension, bonus or gratuity received in respect of his earlier military service, in monthly instalments not exceeding thirty-six in number, the first instalment beginning from the month following the month in which he exercised the option and in the case of such Government servant, the right to count previous service as qualifying service shall not revive unless the whole amount has been refunded.
(3) In the case of a Government servant, who, having elected to refund the pension, bonus or gratuity, dies before the entire amount is refunded, the unrefunded amount of pension or gratuity shall be adjusted against the death gratuity which may become payable to his family.
(4) Where an order was passed under the Central Civil Services (Pension) Rules, 1972 allowing previous military service to count as part of the ser[1]vice qualifying for civil pension, the order shall be deemed to include the condonation of interruption in service, if any, in the military service and between the military and civil services.
(5) The pension and gratuity for the service rendered after re-employment in civil service or post shall not be subject to any limitation with reference to the pension and gratuity drawn by the Government servant in respect of the military service.
DOP&PW letter dt 02 October 2022 regarding counting of Military Service.
So, it is revealed from the provision of CCS Pension Rules 2021 and DOP&PW letter dt 02.10.2022 that the Pay Fixation modalities on reemployment has wide effect on counting of military service period an option exercised in this regard but the above rules have no effect on modalities of Fixation of Pay on Reemployment those who reemployed on or after 01.01.2004. Pay Fixation for Central Services Posts will be in adherence with CCS Fixation of Pay of Reemployed Pensioners (RP Rules) 1986 promulgated on 31 July 1986.
