Regulation of pension and other retirement benefits of Government servants who were on Extraordinary leave and unauthorized absence, suspension as on 1.1.2016 and retired and died thereafter without joining duty-DoPT Oder Issued on 22-06-2020
No. 38/37/16-P&PW(A)
Government of India
Ministry of Personnel Public Grievances and Pensions
Department of Pension and Pensioners Welfare
Lok Nayak Bhawan, Khan Market, New Delhi – 110003,
Dated: 22.06.2020
OFFICE MEMORANDUM
Sub: Regulation of pension and other retirement benefits of Government servants who were on Extraordinary leave/unauthorized absence/suspension as on 1.1.2016 and retired/died thereafter without joining duty.
Also Read: Annual Increment Due on 1st July to the Employees Retiring on 30th June
The undersigned is directed to say that in accordance with Rule 33 of the CCS (Pension) Rules, for calculation of pension, the expression ‘emoluments’ means basic pay as defined in Rule 9(21) (a) (i) of the Fundamental Rules which a Government servant was receiving immediately before his retirement or on the date of his death. In accordance with Note 3 under this rule, if a Government servant immediately before his retirement or death while in service had been absent from duty on extraordinary leave or had been under suspension, the period whereof does not count as service, the emoluments which he drew immediately before proceeding on such leave or being placed under suspension shall be the emoluments for the purpose of this rule.
Also Read: Notional Increment on the Day of Superannuation
2. Doubts have been raised in regard to the manner in which the pension and other retirement benefits of Government servants, who were on extraordinary leave/unauthorized absence/suspension as on 1.1.2016 and retired/died thereafter without joining duty, would be regulated. The matter has been examined in consultation with the Ministry of Finance (Department of Expenditure) and the following clarifications are issued:
Also Read: Gratuity for Central Government Employees Under NPS
| Category of Government servant | Manner in which pension and other pensionery benefits are to be regulated |
| Government servant, who was on extraordinary leave/unauthorized absence the period whereof does not count as qualifying service – as on 1.1.2016 and retired/died thereafter without joining duty | In accordance with Rule 33 of CCS(Pension) Rules, 1972, the basic pay which he drew immediately before proceedings on such leave shall be the emoluments for the purpose of pension. The pension/family pension thus calculated will be revised in the accordance with the instructions contained in the Department’s O.M. No. 38/37/16-P&PW(A) dated 12.05.2017 read with O.M. No. 38/37/ 16-P&PW(A)(ii) dated 04.08.2016 and will be paid to the pensioner/family pensioner from the date it becomes due.
For the purpose of gratuity, the emoluments shall also include Dearness Allowance ( as per 6th CPC) admissible on the date of retirement/death of the Government servant. The Pension/family pension/commutation of pension and gratuity will be regulated in accordance with the rules/instructions applicable before 1.1.2016 |
| Government servant, who was on extraordinary leave – the period whereof counts as qualifying service – as on 1.1.2016 and retired/died thereafter without joining duty. | The pay of such a Government servant will be notionally revised w.e.f. 1.1.2016 and this notionally revised basic pay will be reckoned as emoluments for the purpose of pension.
For the purpose of gratuity, the emoluments shall also include Dearness Allowance ( as per 7th CPC) admissible on the date of retirement/death of the Government Servant. His pension/family pension, commutation of pension and gratuity will be regulated in accordance with the instructions contained in this Department’s O.M. No 38/37/ 16-P&PW(A) dated 12.05.2017 read with O.M No 38/37/ 16-P&PW(A)(i) dated 04.08.2016 and will be paid to the pensioner/family pensioner from the date it becomes due. |
| Government servant, who was under suspension as on 1.1.2016 and retired thereafter without joining duty. | Such a Government servant, on etirement, is entitled to only provisional pension. The emoluments which he drew immediately before suspension shall be the emoluments for the purpose of provisional pension. This provisional pension will be revised in accordance with Department’s O.M. No. 38/49/ 16-P& PW(A) dated 12.02.2018. The provisional pension will be reviewed / regularized on conclusion of the departmental/judicial proceedings and issue of final orders thereon. |
3. These orders issue with the concurrence of Ministry of Finance (Department of Expenditure) vide their U.O. No. 1(23)/EV/2019 dated 05.02.2020.
4. In their application to the employees of Indian Audit and Accounts Department,the orders are issued under Article 148(5), of the Constitution With the concurrence of the Comptroller and Auditor General of India.
sd/-
(R.C. Sethi)
Under Secretary to the Government of India
Click Here to Download the Original Order in PDF File
- Grant of Notional Increment to the Central Government Employees Retiring from Service on 30th June / 31st December February 13, 2024Read more…
- Date of next increment under Rule 10 of Central Civil Services (Revised Pay) Rules, 2016 Clarification July 14, 2023Read more…
- Notional Increment to 30th June or 31st December Retirees June 28, 2023Read more…
- Employees who Retire on June 30 should be given a Notional /increase in Pension Benefits from July 1 – Railway Board June 27, 2023Read more…
- Counting Leave without Allowance as Qualifying Engagement for Grant of Annual Increment to GDS March 13, 2023Read more…
- Date of Next Increment under Rule 10 of Central Civil Services (Revised Pay) Rules, 2016 – DOP August 1, 2022Read more…
- Grant of Benefit of One Increment due on 1st July to the Govt Servant Retired on 30th of June – Dopt Orders 2021 June 26, 2021Read more…
- 7th CPC Date of next increment under Rule 10 of CCS (RP) Rules 2016 – MoD Order Dated 2 Nov 2020 November 10, 2020Read more…
- 7th CPC Date of Next Increment After Promotion – PCDA(O) Pune November 10, 2020Read more…
- Annual Increment Due on 1st July to the Employees Retiring on 30th June of the Year – Railway Board June 4, 2020Read more…
- Notional Increment on the Day of Superannuation – Railway Board Orders on Increment issue May 18, 2020Read more…
- Advance Incentive Increments to Sports Persons in Central Govt Services – Railway Board Order 2020 February 15, 2020Read more…
- Date of next increment under Rule 10 of Central Civil Services (Revised Pay) Rules, 2016-Clarifications December 3, 2019Read more…
- Pay Commission VI – Grant of Additional Increment to the Railway Employees October 3, 2019Read more…
- Grant of Increment to Employees Who Retired on 30th June or 31st of December September 20, 2019Read more…
- 7th Pay Commission Increment: Increment Day for Central Government Employees on 1st July 2019 July 1, 2019Read more…
- Two Additional Increments to Railway Nursing Staff under 7th CPC – Railway Board Orders June 12, 2019Read more…
- Grant of 1 National Increment/Pension Benefits to Retirees on 30th June March 27, 2019Read more…
- Grant of 2 Increments for Promotion to DS/Sr. PPS-DoPT Order 2019 January 22, 2019Read more…
- Grant of Increment on Notional Basis on 1st Jan & 1st of July to CG & Railway Employees Retiring on 30th June/31st December December 14, 2018Read more…
- 7th CPC Grant of 2 Additional Increments at Revised Rates to Nursing Staff – NFIR December 14, 2018Read more…
- Benefit of Fixation of Pay of Railway Employees November 20, 2018Read more…
- Grant of special increment in the form of personal pay to CG Employees – MoD Orders dt. 24.8.2018 August 27, 2018Read more…
- Regarding Date of next increment- Rule 10 of CCS (RP) Rules, 2016 – DoE Order on 31-07-2018 August 2, 2018Read more…
- 7th CPC-Special Increment in the form of personal pay to CG Servants -DoPT Order June 13, 2018Read more…
- Why 3% Annual Increment is not maintained uniformly in 7th CPC Pay Matrix ? August 14, 2017Read more…
- Anomaly in 7th CPC Pay Matrix Levels – NFIR August 12, 2017Read more…
- Availability of option for fixation of pay on promotion from the Date of Next Increment August 2, 2017Read more…
- 7th CPC Bunching Anomaly : Denial of Bunching Increment July 6, 2017Read more…
- Annual Increment Rate Less than 3% in Pay Matrix in 7th CPC Increment Anomaly July 6, 2017Read more…
- Date of Birth on 1st January 1956 forced him to retire a month advance affects his 7th CPC benefits June 13, 2016Read more…
- Dorai focus on two crucial issues of 50% DA Merger and 3% Increment April 25, 2016Read more…
- Two Annual Increment Days ignored by 7th Pay Commission December 23, 2015Read more…
- Performance is the main constraint on Annual Increment in 7th Central Pay Commission December 15, 2015Read more…
- Seventh Pay Commission Increment : Recommendations on Annual and Promotional Increment December 7, 2015Read more…
- Seventh Pay Commission Report: Pay Structure (Defence Forces Personnel) Chapter – 5.2 November 22, 2015Read more…
- NC JCM Staff Side writes to Secretary of Department of Personnel & Training (DoPT) – Grant of Increment for those who have completed one year on the day of superannuation July 11, 2015Read more…
- Yearly Increment for CG Employees from July 2015… July 9, 2015Read more…
- 7th Pay Commission likely to recommend Jan 1, July 1 as Annual Increment issuing days June 30, 2015Read more…
- What says FR & SR Rules regarding increment..! May 17, 2015Read more…
- Annual increment for Central Government employees as per 6th CPC..? May 16, 2015Read more…
- As per 6th CPC – ‘Increment Day’ for Central Government employees – 1st JULY of Every Year May 16, 2015Read more…
- Increment benefit comparison between 5th & 6th Pay Commission – An overview about Central Government Employees’ Increment May 15, 2015Read more…
- Rounding off the amount of Increment to next multiple of 10 May 15, 2015Read more…
- 6th CPC has the honour of introducing a number of new changes May 15, 2015Read more…
- Why is Annual Increment denied to employees retiring in June – Increment issues May 15, 2015Read more…
- NFCAA – Newly recruited Accountant in respect of 1st increment of service life January 22, 2015Read more…