ups_00073 — An employee compulsorily retired as a penalty earlier to 20 years of service is entitled to pension proportionately in terms of Rule 40 (1) of CCS (CCA) Rules, 1965 (should be CCS (Pension) Rules) and as per Government of IndiaCs Decision No. F. 7 (22)-E.V/56, dated 3-6-1957 which gives the "Guiding principles for reduction of pensionary benefits under Rule 40 (1)". Rule 49 (2) (b) of CCS (CCA) Rules (should be CCS (Pension) Rules) also provides for pension after completing 10 years of service p

An employee compulsorily retired as a penalty earlier to 20 years of service is entitled to pension proportionately in terms of Rule 40 (1) of CCS (CCA) Rules, 1965 (should be CCS (Pension) Rules) and as per Government of IndiaCs Decision No. F. 7 (22)-E.V/56, dated 3-6-1957 which gives the "Guiding principles for reduction of pensionary benefits under Rule 40 (1)". Rule 49 (2)

(b) of CCS (CCA) Rules (should be CCS (Pension) Rules) also provides for pension after completing 10 years of service proportionately as admissible under Clause

(a) — The case O.A. No. 67 of 2010 concerns an employee who was compulsorily retired before completing 20 years of service and argues that he is entitled to pension proportionately, based on Rules 40 (1) a... — Facts : The Applicant herein, Civilian Messenger Boy, joined regularly on 3-4-1981 at Aurangabad. Later he was transferred to Southern Command Signal Regiment at Ghorpari, Pune as the Army Clerk Training School at Aurangabad was closed. Accordingly, he joined at Pune. Due to poor health of his parents, he remained absent from 20-7-1996 to assist them. He was charge-sheeted and following the due procedure, he was compulsorily retired from service by Order, dated 6-2-2003. He did not challenge it before Appellate Authority. When he was compulsorily retired, he had put in 14 1⁄2 years of qualifying service. Though he claimed pensionary benefits for the service of 14 1⁄2 years rendered by him nothing happened and his case was turned down by Order, dated 26-11-2009 with a covering Letter, dated 17-12-2008. The punishment of compulsory retirement is challenged and prays for consequential benefits. The Applicant relies on Rule 40 of CCS (Pension) Rules, 1972 and also Government of India's Decision, dated 3-6-1957 to support his case. The main contention of the Respondent to deny him pension was due to the fact that he had not completed 20 years of service for that purpose. The fact is that, the Applicant had put in 14 years 2 months and 5 days of qualifying service which was also informed to the Applicant by Letter, dated 21-9-2007. In that circumstance, the rule position for grant of pension is analyzed. Rule 40 (1) of CCS (CCA) Rules, 1965 provides for grant of pension or gratuity or both at a rate not less than two-thirds and not more than (full compensation pension) or gratuity or both as admissible to the compulsorily retired employee by the Competent Authority who imposed such penalty. The underlying principle in that rule is that, such person should ordinarily be granted full pension and retirement gratuity admissible on the date of Compulsory Retirement. Government of India Decision No. F.7 (22)-E.V/56, dated 3-6-1957 regarding "guiding principles for reduction of pensionary benefits under Rule 40 (1)" provides for payment of pension or retirement gratuity admissible on the date of compulsory retirement. Reduction in the quantum of pensionary benefits can be imposed by the authority competent within the limits prescribed. The Rule 40 (1) CCS (CCA) Rules and Government of India decision, dated 30-6-1957 (supra) are reproduced verbatim in the judgment. Rule 49 (2)

(b) of CCS (CCA) Rules also provides for grant of pension after completing a qualifying service of 10 years, the quantum will be proportionate amount of pension as admissible under Clause (a).