Rule 27 - Suspension & Pension
Original Rule Text
27. Effect of interruption in service.- (1) An interruption in the service of a Government servant entails forfeiture of his past service, except in the following cases, namely:-
(a) authorised leave of absence ;
(b) unauthorised absence in continuation of authorized leave of absence so long as the post of absentee is not filled substantively;
(c) suspension, where it is immediately followed by reinstatement, whether in the same or a different post, or where the Government servant dies or is permitted to retire or is retired on attaining the age of superannuation while under suspension ;
(d) transfer to non-qualifying service in an establishment under the control of the Government if such transfer has been ordered by a competent authority in the public interest ;
(e) joining time while on transfer from one post to another. (2) Notwithstanding anything contained in sub-rule (1), the appointing authority may, by order, commute retrospectively the periods of absence without leave as extraordinary leave.
What This Means
Rule 27(c) of the CCS (Pension) Rules, 2021 deals with the impact of suspension on a government employee's pension benefits. Specifically, it addresses situations where the suspension period is immediately followed by reinstatement, either in the same or a different position. It also covers scenarios where the employee dies, retires voluntarily, or retires upon reaching superannuation age while still under suspension. In essence, this rule ensures that the period of suspension, under these specific circumstances, doesn't automatically disqualify the employee from receiving pension benefits. The rule aims to provide clarity and prevent undue hardship to the employee or their family.
This rule is important because suspension can sometimes be a lengthy process, and it's crucial to understand how it affects an employee's pension eligibility. The rule clarifies that if the suspension is followed by reinstatement, death, or retirement (either voluntary or on superannuation), the suspension period itself doesn't necessarily negate the employee's right to a pension. However, it's important to note that the disciplinary proceedings that led to the suspension might still have an impact on the final pension amount or eligibility, depending on the outcome of those proceedings.
This rule primarily affects government employees who have been placed under suspension and subsequently reinstated, or who die or retire while under suspension. It also indirectly affects their families, as pension benefits are often a crucial source of financial security after the employee's death or retirement. Understanding this rule is vital for both employees and those responsible for administering pension benefits to ensure fair and accurate application of the CCS (Pension) Rules, 2021.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Rule 27(c) concerns pension eligibility when suspension is followed by reinstatement.
- 2It also covers situations where an employee dies or retires while under suspension.
- 3The rule aims to prevent automatic pension disqualification due to suspension in specific cases.
- 4Disciplinary proceedings leading to suspension may still impact pension benefits.
- 5This rule affects government employees under suspension and their families.
Practical Example
Mr. Verma, a Section Officer in the Ministry of Finance, was suspended due to allegations of procedural irregularities. After a departmental inquiry, he was reinstated to his position. According to Rule 27(c), his period of suspension, followed by reinstatement, will not automatically disqualify him from receiving pension benefits. However, the findings of the inquiry, even after reinstatement, could still affect the amount of pension he eventually receives.
Alternatively, consider Mrs. Sharma, a teacher in a government school, who was suspended pending investigation into a complaint. Unfortunately, she passed away while still under suspension. Rule 27(c) ensures that her family is not automatically denied pension benefits solely because she was under suspension at the time of her death. The outcome of the pending investigation, if any, might still influence the final pension amount, but the suspension itself isn't a complete bar to pension eligibility.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
If I am suspended and then reinstated, will my suspension period be counted for pensionable service?▼
What happens to my pension if I retire on superannuation while under suspension?▼
If I die while under suspension, will my family receive a family pension?▼
Does Rule 27(c) mean I will definitely get my full pension if I am reinstated after suspension?▼
Where can I find the official text of CCS (Pension) Rules, 2021?▼
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 27(c) of the CCS (Pension) Rules, 2021, which of the following scenarios allows for consideration of pension benefits despite a period of suspension?