Rule 52 - Re-employment Pay Fixation
Original Rule Text
52. Dearness Relief on Pension and Family Pension .- (1) Relief against price rise may be granted to the pensioners, including the persons drawing compassionate allowance under rule 41 and family pensioners, in the form of dearness relief at such rates and subject to such conditions as the Central Government may specify from time to time.
(2) If a pensioner drawing pension or compassionate allowance under these rules is re-employed under the Central Government or State Government or a Corporation or Company or Body or Bank under them in India or abroad including permanent absorption or immediate absorption in such Corporation or Company or Body or Bank, he shall not be eligible to draw dearness relief on the pension or compassionate allowance during the period of such re-employment or permanent absorption or immediate absorption:
that the dearness relief shall continue to be payable to a pensioner on re-employment or on absorption or immediate absorption if,-
(i) before such re-employment, including permanent absorption or immediate absorption, he was not
(ii) in accordance with the relevant rules or orders, his pay was fixed at the minimum of the scale of pay of the post in which he was so re-employed or absorbed and such minimum of the scale of pay was less than the pay which he was drawing immediately before his retirement or absorption; and
(iii) while fixing his pay in the post in which he was so re-employed or absorbed, the entire amount of pension sanctioned by the Central Government was ignored.
(3) For claiming dearness relief on pension or compassionate allowance, a pensioner who is re-employed, including permanent absorption or immediate absorption, under the Central or State Government or a Corporation or Company or Body or Bank under them in India or abroad, shall be required to obtain a certificate from the said Central or State Government Department or office or the Corporation or the Company or the Body or the Bank to the effect that,-
(i) the re-employed pensioner or absorbee pensioner was holding a civil post not included or classified as -employment; and
(ii) the pay of the re-employed pensioner or absorbee pensioner was fixed at the minimum of the pay scale of the post in which he is so re-employed or absorbed and such minimum of the pay scale is less than the pay which the pensioner was drawing immediately before his retirement or absorption; and
(iii) the entire amount of pension or compassionate allowance sanctioned by the Central Government was ignored in fixation of the pay on re-employment or absorption and no part of the pension or compassionate allowance was taken into account in such fixation of pay in the pay scale of the post in which the pensioner is re-employed or absorbed.
(4) Nothing in sub-rule (2) or sub-rule (3) shall be applicable in the case of a family pensioner who is employed under the Central or State Government or a Corporation or Company or Body or Bank under them in India or abroad and is eligible to draw a family pension from the Government in respect of a deceased member of his family in accordance with rule 50 and such family pensioner shall continue to be eligible to draw dearness relief on family pension during the period of such employment in accordance with sub-rule (1).
Determination and authorisation of the amounts of pension and gratuity
What This Means
Rule 52 of the CCS (Pension) Rules, 2021 deals with a specific situation regarding the pay fixation of a retired government employee who is re-employed or permanently absorbed into another government post. This rule applies when three conditions are met: first, the employee was not already re-employed or absorbed before; second, their pay in the new role was fixed at the minimum of the pay scale, and this minimum was less than their previous pay; and third, when fixing their pay in the new role, the government completely disregarded their pension amount. Essentially, it aims to prevent a situation where a re-employed pensioner is unfairly disadvantaged in terms of pay compared to their pre-retirement earnings, especially when their pension wasn't considered during pay fixation.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Applies to re-employed or permanently absorbed pensioners.
- 2Pay in the new role must be fixed at the minimum of the pay scale.
- 3The minimum pay scale must be less than the pre-retirement pay.
- 4The entire pension amount must have been ignored during pay fixation in the new role.
- 5Aims to prevent financial disadvantage for re-employed pensioners.
Practical Example
Mr. Sharma retired as a Section Officer with a last drawn pay of ₹70,000. After retirement, he was re-employed as an Assistant in another department. According to the rules, his pay was fixed at the minimum of the Assistant's pay scale, which was ₹45,000. During this pay fixation, the department completely ignored his pension of ₹30,000. Rule 52 would be applicable in this case because Mr. Sharma's pay in the new role is less than his pre-retirement pay, and his pension was not considered when fixing his pay. This rule ensures that Mr. Sharma's case is reviewed to ensure he is not unfairly disadvantaged.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Cross References
Frequently Asked Questions
Does Rule 52 apply if my pay in the re-employment is higher than my last drawn pay?▼
What does 'entire amount of pension sanctioned' mean?▼
If only part of my pension was ignored during pay fixation, does Rule 52 apply?▼
Is Rule 52 applicable if I was absorbed into a PSU after retirement?▼
What is the purpose of Rule 52?▼
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 52 of the CCS (Pension) Rules, 2021, which of the following conditions must be met for the rule to apply regarding pay fixation of a re-employed pensioner?