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Rule 87 - Repeal & Savings | KartavyaDesk

CCS Pension

Original Rule Text

87. Repeal and Saving. (1) On the commencement of these rules, every rule [including Central Civil Services (Pension) Rules, 1972], regulation or order including Office Memorandum (hereinafter referred to in this rule as the old rule) in force immediately before such commencement shall, in so far as it provides for any of the matters contained in these rules, cease to operate.

What This Means

Rule 87 of the CCS (Pension) Rules, 2021, is all about replacing the old rules with the new ones. Think of it as a clean slate. Once the 2021 rules came into effect, any previous rule, regulation, order, or Office Memorandum (including the CCS (Pension) Rules, 1972) that covered the same topics as the new rules, stopped being valid. This ensures that everyone follows the updated guidelines for pension matters. It's like upgrading your software – you need to uninstall the old version to make the new one work properly.

This rule applies to all Central Government employees who are governed by the CCS (Pension) Rules. It means that when dealing with pension-related issues, you should always refer to the CCS (Pension) Rules, 2021, and not rely on any older versions or interpretations that might conflict with the new rules. The aim is to have a unified and consistent approach to pension matters across the board.

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

Key Points

  • •Rule 87 repeals all previous rules, regulations, orders, and Office Memorandums related to pension matters that are covered by the CCS (Pension) Rules, 2021.
  • •The CCS (Pension) Rules, 1972, and any subsequent amendments or interpretations that conflict with the 2021 rules are no longer valid.
  • •This rule ensures uniformity and consistency in the application of pension rules for all Central Government employees.
  • •Government employees must refer to the CCS (Pension) Rules, 2021 for all pension-related matters.

Practical Example

Mr. Verma, a Section Officer, is processing the pension case of Mrs. Sharma, who retired in 2023. While reviewing the case, Mr. Verma finds an old Office Memorandum from 1995 that suggests a particular method for calculating a portion of the pension. However, the CCS (Pension) Rules, 2021, clearly outline a different method for the same calculation. According to Rule 87, Mr. Verma must disregard the 1995 Office Memorandum and follow the procedure outlined in the CCS (Pension) Rules, 2021. This ensures that Mrs. Sharma's pension is calculated according to the current regulations, even if older rules suggested something different.

Another example: A circular issued in 2010 detailed a specific allowance that was to be included in the calculation of average emoluments for pension. However, the CCS (Pension) Rules, 2021, explicitly exclude this allowance. Therefore, when calculating average emoluments for Mr. Singh, who retired in 2024, the allowance should not be included, as per Rule 87.

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 there's a conflict between an old rule and the CCS (Pension) Rules, 2021?▼
Rule 87 clearly states that the CCS (Pension) Rules, 2021, will prevail. The old rule ceases to operate to the extent it covers matters contained in the new rules.
Does Rule 87 mean that all old pension-related documents are useless?▼
Not necessarily. Old documents can still provide historical context or information on matters not specifically covered by the CCS (Pension) Rules, 2021. However, for anything related to pension calculation, eligibility, or procedures, the 2021 rules take precedence.
If a court case is based on the old CCS (Pension) Rules, 1972, what happens after the CCS (Pension) Rules, 2021, come into effect?▼
The court will likely consider the CCS (Pension) Rules, 2021, as the current law. The outcome of the case will depend on the specific circumstances and how the court interprets the new rules in relation to the existing case.
Are there any exceptions to Rule 87?▼
Rule 87 is quite comprehensive in its repeal of old rules. However, if a specific provision in the CCS (Pension) Rules, 2021, explicitly refers back to an older rule for a particular purpose, then that older rule might still be relevant in that limited context. But such instances are rare.
Where can I find the official CCS (Pension) Rules, 2021?▼
The official CCS (Pension) Rules, 2021, are available on the website of the Department of Pension & Pensioners' Welfare (DoPPW), Ministry of Personnel, Public Grievances & Pensions, Government of India.

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 87 of the CCS (Pension) Rules, 2021, what happens to pre-existing rules, regulations, or orders concerning matters now covered by these new rules?

Related Rules

Rule 62CCS (Pension) Rules, 2021 - Rule 62Rule 19CCS (Pension) Rules, 2021 - Rule 19Rule 65CCS (Pension) Rules, 2021 - Rule 65Rule 68CCS (Pension) Rules, 2021 - Rule 68Rule 72CCS (Pension) Rules, 2021 - Rule 72

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