Rule 86 - Relaxation Power | KartavyaDesk
Original Rule Text
86. Power to relax.- Where any Ministry or Department of the Government is satisfied that the operation of any of these rules causes undue hardship in any particular case, that Ministry or Department, as the case may be, may, by order for reasons to be recorded in writing, dispense with or relax the requirements of that rule to such extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner :
What This Means
Rule 86 of the CCS (Pension) Rules, 2021, is essentially a safety valve. It acknowledges that sometimes, strictly following the pension rules can lead to unfair or difficult situations for individual government employees. This rule gives the Ministry or Department concerned the power to be flexible and make exceptions to the rules. Think of it as a way to ensure fairness and equity in specific cases where a rigid application of the rules would cause undue hardship.
This power isn't unlimited. The Ministry or Department can only relax or waive a rule if they believe it's necessary to deal with a case justly and fairly. They also have to document the reasons for their decision in writing. This ensures transparency and accountability in the process. The relaxation can be partial or complete, and may be subject to certain conditions.
In short, Rule 86 allows for a degree of discretion to address exceptional circumstances and prevent unfair outcomes related to pension benefits. It applies to all government employees covered under 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
- •Rule 86 allows Ministries/Departments to relax pension rules in cases of undue hardship.
- •The relaxation must be justified with written reasons.
- •The relaxation must be necessary for dealing with the case in a just and equitable manner.
- •The power to relax is vested in the concerned Ministry or Department.
- •The rule aims to prevent unfair outcomes due to strict application of pension rules.
Practical Example
Mr. Sharma, a government employee, was severely injured in an accident just before his retirement. Due to his medical condition, he couldn't complete all the necessary paperwork for his pension within the stipulated timeframe. This meant he risked losing certain benefits. His department, understanding his situation, invoked Rule 86. They relaxed the deadline for submitting the required documents, allowing him to receive his full pension benefits despite the delay. The department documented the reasons for the relaxation, citing Mr. Sharma's medical condition and the potential hardship he would face if denied his benefits. This ensured that Mr. Sharma received his rightful pension in a just and equitable manner. If the department had not relaxed the rule, Mr. Sharma would have faced significant financial difficulties during his recovery.
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 'undue hardship' mean in the context of Rule 86?▼
Can any officer relax the rules under Rule 86?▼
Is there a limit to how much a rule can be relaxed under Rule 86?▼
What happens if an employee believes Rule 86 should have been applied but wasn't?▼
Does Rule 86 override all other pension 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
Under Rule 86 of the CCS (Pension) Rules, 2021, which entity holds the power to relax the provisions of the rules in cases of undue hardship?
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