No.28/7/99-P&PW (B)(Vol.II)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension and Pensioners’ Welfare
Third Floor, Lok Nayak Bhavan,
New Delhi-110003.
Date the 11th April, 2001
OFFICE MEMORANDUM
Subject: Re-employed military pensioners – drawal of separate military pension –removal of limitation on Civil pension.
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The Government employees who got re-employment after rendering civil service are governed by the provisions of Rule 18 and those who got re-employment in civil service after rendering military service, are governed by Rule 19 of CCS (Pension), Rules, 1972. Rule 18(3) provides for limitation of pensionary benefits in the second spell of civil service. Rule 19 has no such provision for limitation. However, in the case of military pensioners re-employed in civil service, Rule 18(3) of CCS (Pension) Rules, 1972 was made applicable vide DP&AR’s OM No.38/5/81-PU dated 5-3-1982.
2. The matter has been re-considered in consultation with Ministry of Finance and it has been decided that Rule 18 and 19 shall apply respectively to the civil and military re-employed pensioners. In other words, in the case of re-employment of a military pensioner in civil service, the pensionary benefits for second spell of service shall not be subject to any limitation as per provisions of Rule 18(3) of CCS (Pension) Rules, 1972.
3. The cases of re-employed military pensioners who opted for separate military and civil pension and whose cases were earlier decided otherwise, may be re-opened and pensionary benefits for civil service may be re-fixed without limitation as provided in preceding para.
4. All Ministries/Departments are requested to bring provisions of this OM to the notice of all attached/subordinate Offices and autonomous bodies under administrative control of the concerned Ministries/Departments.
Sd/-
(Sujit Datta)
Director (PW)
To
All Ministries/Departments of Government of India
[TO BE PUBLISHED IN PART II, SECTION 3,SUB SECTION (ii) OF THE GAZETTE OF INDIA]
No.28/19/2001-P&PW (B)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and Pensioners' Welfare
New Delhi, the 11th November 2003
N O T I F I C A T I O N
S.O.3205.--- In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Central Civil Services (Pension) Rules, 1972, namely:-
1. (1) These Rules may be called the Central Civil Services (Pension) Amendment Rules, 2003.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Central Civil Services (Pension) Rule, 1972 (herein after referred to as the said rules), -
(i) in rule 13, in the second proviso, after clause (b), the following clause shall be inserted, namely:-
“(c) the provisions of clause (b) shall not be applicable in the cases of counting of military service for civil pension under rule 19 ”;
(ii) in rule 19 of the said rules, in sub-rule (1), the words "after attaining the age of eighteen years" shall be omitted.
Sd/-
(M.K. Agarwal)
Deputy Secretary (PW)
CONTD…2/-
- 2 -
FOOT NOTE:- The Central Civil Services (Pensions) Rules, 1972 were published as S.O. 934 dated 1.4.72. The fourth edition of the rules corrected up to July, 1988 was printed in the year 1988. The Rules were subsequently amended vide Department of Pension & Pensioners’ Welfare notifications given below;
|
S.No. |
Notification No. |
Date |
|
1. |
S.O. No. 254 |
04.02.1989 |
|
2. |
S.O. No. 970 |
06.05.1989 |
|
3. |
S.O. No. 2467 |
07.10.1989 |
|
4. |
S.O. No. 899 |
14.04.1990 |
|
5. |
S.O. No. 1454 |
26.05.1990 |
|
6. |
S.O. No. 2329 |
08.09.1990 |
|
7. |
S.O. No. 3269 |
08.12.1990 |
|
8. |
S.O. No. 3270 |
08.12.1990 |
|
9. |
S.O. No. 3273 |
08.12.1990 |
|
10. |
S.O. No. 409 |
09.12.1991 |
|
11. |
S.O. No. 464 |
16.02.1991 |
|
12. |
S.O. No. 2287 |
07.09.1991 |
|
13. |
S.O. No. 2740 |
02.11.1991 |
|
14. |
GSR No. 677 |
07.12.1991 |
|
15. |
GSR No. 39 |
01.02.1992 |
|
16. |
GSR No. 55 |
15.02.1992 |
|
17. |
GSR No. 570 |
19.12.1992 |
|
18. |
S.O. No. 258 |
13.02.1993 |
|
19. |
S.O. No. 1673 |
07.08.1993 |
|
20. |
GSR No. 449 |
11.09.1993 |
|
21. |
S.O. No. 1984 |
25.09.1993 |
|
22. |
GSR No. 389 (E) |
18.04.1994 |
|
23. |
S.O. No. 1775 |
19.07.1997 |
|
24. |
S.O. No. 259 |
30.01.1999 |
|
25. |
S.O. No. 904 (E) |
30.09.2000 |
|
26. |
S.O. No. 717 (E) |
27.07.2001 |
|
27. |
S.O. No.4000 |
28.12.2002 |
|
28. |
S.O. No.860(E) |
28.07.2003 |
Sd/-
(M.K. Agarwal)
Deputy Secretary (PW)
To
The Manager,
Government of India Press,
Mayapuri, Ring Road,
New Delhi
