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Rule 85 - Interpretation | KartavyaDesk

CCS Pension

Original Rule Text

85. Interpretation.- Where any doubt arises as to the interpretation of these rules, it shall be referred, for decision, Training, depending upon the rule or the subject on which a decision is required and the Department which is concerned with that rule or subject.

What This Means

Rule 85 of the CCS (Pension) Rules, 2021, is essentially the 'tie-breaker' clause. It clarifies what happens when there's confusion or disagreement about how to interpret any of the rules within the CCS (Pension) Rules. Think of it as the rule that tells you where to go when you're not sure what another rule actually means. This rule applies whenever there's ambiguity in understanding the pension rules. It affects all government employees covered under the CCS (Pension) Rules, as well as the departments responsible for administering these rules.

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

Key Points

  • Rule 85 addresses ambiguity in interpreting the CCS (Pension) Rules, 2021.
  • Any doubt regarding interpretation must be referred for a decision.
  • The referral goes to the Department of Training and the Department concerned with the specific rule or subject.
  • The decision of the designated authorities is final in resolving the interpretation issue.

Practical Example

Mr. Sharma, a retiring government employee, is unsure whether his past service in a state government department counts towards his pensionable service under the CCS (Pension) Rules. He consults with the accounts officer, who also finds the relevant rules unclear. According to Rule 85, the accounts officer must refer this specific query, along with the relevant rule in question, to both the Department of Training and the Department of Pension & Pensioners' Welfare. These departments will then jointly review the case and provide a definitive interpretation on whether Mr. Sharma's previous service qualifies for pension benefits.

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

Frequently Asked Questions

What happens if different departments give conflicting interpretations of a rule?
While Rule 85 doesn't explicitly address conflicting interpretations, the intention is that the Department of Training and the concerned Department will collaborate to arrive at a unified decision. If a conflict persists, it would likely be escalated to a higher authority within the government for resolution.
Who can raise a doubt about the interpretation of a rule?
Any concerned party, including government employees, pension disbursing authorities, or departmental officers, can raise a doubt regarding the interpretation of the CCS (Pension) Rules.
Is there a specific format for referring a doubt under Rule 85?
While Rule 85 doesn't prescribe a specific format, it's advisable to clearly state the rule in question, the specific point of ambiguity, and the reasons for the doubt when referring the matter to the designated authorities.
Does Rule 85 apply to all pension-related matters?
Rule 85 applies specifically to the interpretation of the CCS (Pension) Rules, 2021. If the doubt pertains to other pension-related regulations or orders, the relevant interpretation mechanisms within those regulations would apply.

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 85 of the CCS (Pension) Rules, 2021, if a doubt arises regarding the interpretation of these rules, to whom shall it be referred for a decision?

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