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Rule 35 - Absorption Date | KartavyaDesk

CCS Pension

Original Rule Text

(2) The date of absorption shall be (i) in case a Government employee joins a State Government on immediate absorption basis, the date on which he actually joins that Government. For this purpose, immediate absorption would mean acceptance of a technical resignation of a Government servant from Central Government service to enable him to take up an appointment in the State Government, for which he had applied with proper permission; (ii) in case a Government employee initially joins a State Government on deputation, the date from which his unqualified resignation is accepted by the Central Government. (3) In the case of a Government employee who joins a State Government on immediate absorption basis, the relieving order shall be issued in the Format 5 which, shall indicate the period within which the Government servant shall join the State Government:

What This Means

Rule 35 of the CCS (Pension) Rules, 2021, deals with determining the date of absorption for pension purposes when a central government employee moves to a state government. Essentially, it clarifies when your service with the central government is considered to have ended for pension calculations when you're permanently joining a state government. This is crucial for ensuring your past service is properly accounted for when you eventually retire. The rule distinguishes between two scenarios: immediate absorption and absorption after deputation.

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

Key Points

  • Defines the 'date of absorption' for pension calculation when moving to a State Government.
  • Distinguishes between immediate absorption and absorption after deputation.
  • Immediate absorption: Date of joining the State Government.
  • Absorption after deputation: Date of acceptance of unqualified resignation by the Central Government.
  • Relieving order (Format 5) must specify the joining period for immediate absorption.

Practical Example

Ms. Priya Sharma, a Section Officer in the Ministry of Finance, applied for a position in the Uttar Pradesh government with proper permission. Her application was accepted, and she was offered a permanent role. She resigned from her central government job, and her resignation was accepted to facilitate her immediate absorption into the UP government. According to Rule 35, her date of absorption for pension purposes is the date she officially joined the UP government. In another scenario, Mr. Rajesh Kumar was initially on deputation to the Bihar government. After two years, he decided to permanently join them. His unqualified resignation from the central government was accepted on July 15, 2024. Therefore, his date of absorption, as per Rule 35, is July 15, 2024.

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 'immediate absorption' mean in this context?
It means accepting a technical resignation from your central government service to take up a permanent appointment in a state government, for which you applied with proper permission.
What is Format 5 mentioned in the rule?
Format 5 is the standard relieving order format that the central government issues when a government servant is being relieved for immediate absorption into a state government. It specifies the deadline for joining the state government.
If I join a State Government on deputation first, does my central government pension account stop immediately?
No, your pension account doesn't stop immediately. It continues until your unqualified resignation is accepted by the Central Government, marking your official absorption into the State Government.
Does this rule apply if I move to a Public Sector Undertaking (PSU)?
No, Rule 35 specifically addresses absorption into a State Government. Transfers to PSUs are governed by different rules and regulations.
What happens if I don't join the State Government within the period specified in the relieving order?
Failure to join within the specified period may lead to cancellation of your resignation and potential disciplinary action. It's crucial to adhere to the timelines mentioned in the relieving order.

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 35 of the CCS (Pension) Rules, 2021, what determines the date of absorption for a Central Government employee who joins a State Government on immediate absorption basis?

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