Rule 87 - Repeal & Savings
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.
(2) Notwithstanding such cesser of operation, (a)
(i) every nomination for the payment of gratuity; and
(ii) every form regarding the details of family of a Government servant for the purpose of Family Pension;
(iii) every formal application for the sanction of pension, which a Government servant had made or given under the old rule, shall be deemed to have been made or given under the corresponding provisions of these rules.
(b) any nomination for the payment of gratuity or any form regarding the details of family of a Government servant for the purpose of Family Pension required to be made or given by a government servant under the old rule but not made or given before the commencement of these rules shall be made or given after such commencement in accordance with the provisions of these rules.
(c) any case which pertains to the authorisation of pension to a Government servant who had retired before the commencement of these rules and is pending before such commencement shall be disposed of in accordance with the provisions of the old rule as if these rules had not been made.
(d) any case which pertains to the authorisation of gratuity and family pension to the family of a deceased Government servant or of a deceased pensioner and is pending before the commencement of these rules shall be disposed of in accordance with the provisions of the old rule as if these rules had not been made.
(e) subject to the provisions of clauses
(c) and
(d) anything done or any action taken under the old rule shall be deemed to have been done or taken under the corresponding provisions of these rules.
[F. No. 38/3/2017-P&PW(A)] SANJIV NARAIN MATHUR, Jt. Secy. Application for permission to Central Services Officers to accept commercial employment within a period of one year after retirement.
A. Particulars of Officer
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
- 1Rule 87 repeals all previous rules, regulations, orders, and Office Memorandums related to pension matters that are covered by the CCS (Pension) Rules, 2021.
- 2The CCS (Pension) Rules, 1972, and any subsequent amendments or interpretations that conflict with the 2021 rules are no longer valid.
- 3This rule ensures uniformity and consistency in the application of pension rules for all Central Government employees.
- 4Government 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?▼
Does Rule 87 mean that all old pension-related documents are useless?▼
If a court case is based on the old CCS (Pension) Rules, 1972, what happens after the CCS (Pension) Rules, 2021, come into effect?▼
Are there any exceptions to Rule 87?▼
Where can I find the official CCS (Pension) Rules, 2021?▼
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?