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Rule 25 - Service Breaks | KartavyaDesk

CCS Pension

Original Rule Text

(2) The period of interruption in service between the date of dismissal, removal or compulsory retirement, as the case may be, and the date of reinstatement, and the period of suspension, if any, shall not count as qualifying service unless regularized as duty or leave by a specific order of the authority which passed the order of reinstatement.

What This Means

Rule 25 of the CCS (Pension) Rules, 2021 deals with how breaks in service due to dismissal, removal, compulsory retirement, or suspension affect your pensionable service. Simply put, if you were dismissed, removed, or compulsorily retired and later reinstated, the time between your dismissal and reinstatement generally *won't* count towards your qualifying service for pension benefits. Similarly, any period of suspension usually doesn't count either.

However, there's an exception! If the authority that reinstated you specifically orders that the period of interruption or suspension be treated as either duty or leave, then that period *will* count towards your qualifying service. This decision is entirely at the discretion of the reinstating authority. This rule affects any government employee who has faced disciplinary action leading to dismissal, removal, compulsory retirement, or suspension and is subsequently reinstated.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • •Periods of dismissal, removal, or compulsory retirement generally don't count as qualifying service for pension.
  • •Periods of suspension generally don't count as qualifying service for pension.
  • •The reinstating authority can specifically order that these periods be treated as duty or leave.
  • •If the reinstating authority orders the period to be treated as duty or leave, it *will* count towards qualifying service.
  • •This rule applies to employees who have been dismissed, removed, compulsorily retired, or suspended and later reinstated.

Practical Example

Mr. Verma, a Section Officer, was dismissed from service on January 1, 2022, due to allegations of corruption. After appealing his case, he was reinstated on July 1, 2023. Normally, the 18-month period between January 1, 2022, and July 1, 2023, would *not* count towards his qualifying service for pension. However, the order reinstating Mr. Verma specifically stated that the entire 18-month period should be treated as 'leave without pay'. Because of this specific order, the 18 months will still *not* count towards his qualifying service. If the order had stated the period was to be treated as 'duty', it would have counted.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

What does 'qualifying service' mean in this context?▼
Qualifying service refers to the total length of service an employee must have to be eligible for pension benefits. Certain breaks in service can affect this calculation.
Who is the 'reinstating authority'?▼
The reinstating authority is the official or body that has the power to reverse the order of dismissal, removal, or compulsory retirement and bring the employee back into service. This is usually a higher authority than the one that initially issued the order.
If my suspension is revoked, does that automatically mean the suspension period counts towards qualifying service?▼
No. The period of suspension only counts towards qualifying service if the authority revoking the suspension specifically orders that it be treated as duty or leave.
What if the reinstatement order is silent on the treatment of the interruption period?▼
If the reinstatement order is silent, the period of interruption will *not* count as qualifying service. A specific order is required for it to be counted.
Does this rule apply to all types of government employees?▼
Yes, Rule 25 of the CCS (Pension) Rules, 2021 applies to all government employees covered under these rules.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Test Your Knowledge

Question 1 of 3

According to Rule 25 of the CCS (Pension) Rules, 2021, under what circumstance can a period of suspension be counted as qualifying service for pension?

Related Rules

Rule 62CCS (Pension) Rules, 2021 - Rule 62Rule 19CCS (Pension) Rules, 2021 - Rule 19Rule 65CCS (Pension) Rules, 2021 - Rule 65Rule 68CCS (Pension) Rules, 2021 - Rule 68Rule 72CCS (Pension) Rules, 2021 - Rule 72

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