Staff regularised after but on training before Jan 1, 2004 to get old pension

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Pension and Pensioners’ Welfare)

NOTIFICATION

New Delhi, the 20th December, 2021

G.S.R. 868(E).- In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor-General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules, namely:-

CHAPTER I
Preliminary

1. Short title and commencement.– (1) These rules may be called the Central Civil Services (Pension) Rules, 2021.

(2) They shall come into force with effect from the date of their publication in the Official Gazette.

2. Application .– Save as otherwise provided in these rules, these rules shall apply to the Government servants appointed on or before 31st day of December, 2003, including civilian Government servants in the Defence Services, appointed substantively to civil services and posts in connection with the affairs of the Union which are borne on pensionable establishments, but shall not apply to,–

(a) railway servants ;
(b) persons in casual and daily rated employment ;
(c) persons paid from contingencies ;
(d) persons entitled to the benefit of a Contributory Provident Fund ;
(e) members of the All India Services ;
(f) persons locally recruited for service in diplomatic, consular or other Indian establishments in foreign countries ;
(g) persons employed on contract except when the contract provides otherwise ; and
(h) persons whose terms and conditions of service are regulated by or under the provisions of the Constitution or any other law for the time being in force.

Explanation.- These rules shall also apply to,-

(1) a Government servant who was put on induction training on or before 31st day of December, 2003 followed by appointment on regular basis after 31st day of December, 2003:

Provided that completion of the induction training was an essential condition for appointment on regular basis to the post, the Government servant was eligible for a salary or a stipend during the period of such training and the period of training was eligible for being counted as qualifying service in accordance with the provisions of Central Civil Services (Pension) Rules, 1972.

(2) a Government servant who was initially appointed on or before 31st December, 2003,-

(i) in an establishment or Department of the Central Government whose employees were covered by a pension scheme other than the Central Civil Services (Pension) Rules, 1972; or
(ii) in a State Government or an autonomous body under the Central Government or State Government having a non-contributory pension scheme similar to the Central Civil Services (Pension) Rules, 1972, and was subsequently appointed after 31st December, 2003 in an establishment of a Central Government to which these rules apply, subject to the condition that the said Government servant fulfils all other conditions for counting of service rendered in such establishment of the Central Government or State Government or autonomous body, in accordance with these rules or any general or special order issued in this regard.

(3) a Government servant appointed after 31st December, 2003 to a civil service or post in connection with the affairs of the Union, if he fulfils the conditions for coverage under these rules in accordance with any special or general order issued by the Government in this regard.

(4) subject to the provisions of rule 15, persons who were regularly appointed in Government service after 31st December, 2003 but were conferred temporary status on or before 31st December, 2003 in accordance with the “Casual Labourers (Grant of Temporary Status and Regularisation) Scheme of Government of India, 1993” notified by Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) and such temporary status is followed without interruption by regular appointment in Government service.

(5) the cases where in the event of death or discharge from service on the ground of invalidation in the case of a Government servant who, having been appointed to civil services and posts in connection with the affairs of the Union after 31st day of December, 2003, is covered by the Central Civil Services (Implementation of National Pension System) Rules, 2021, the benefits of Invalid Pension under rule 39 and Family Pension under rule 50 shall be payable to the Government servant or his family, as the case may be, if the Government servant had exercised an option to this effect under rule 10 of the Central Civil Services (Implementation of National Pension System) Rules, 2021 or in whose case the default option is for availing benefits under these rules or the Central Civil Services (Pension) Rules, 1972.

(6) the case of Government servants appointed in temporary capacity to civil services and posts in connection with the affairs of the Union on or before 31st day of December, 2003, who retired or were retired before having been appointed in a substantive capacity, the benefits under these rules shall be payable to the Government servant to the extent provided in the Central Civil Services (Temporary Service) Rules, 1965.

3. Definitions.- (1) In these rules, unless the context otherwise requires,-

• (a) “Accounts Officer” means an officer, whatever his official designation, who maintains the accounts of a Ministry, Department or Office of the Central Government or Union territory and includes an Accountant-General, who is entrusted with the functions of maintaining the accounts or part of accounts of the Central Government or Union territory;
• (b) “Allottee” means a Government servant to whom Government accommodation has been allotted on payment of licence fee or otherwise;
• (c) “Average emoluments” means average emoluments as determined in accordance with rule 32;
• (d) “Bhavishya” means an online system for sanction of retirement benefits and tracking of sanction and payment of pension by the Government servant and the authorities concerned with sanction of pension to the Government servant;
• (e) “Child” means a son or daughter of the Government servant who is eligible to receive death gratuity under rule 45 or family pension under rule 50 and the expression `children’ shall be construed accordingly;
• (f) “Dearness relief” means Dearness Relief on Pension and Family Pension as specified in rule 52;
• (g) “Defence Service” means services under the Government of India in the Ministry of Defence including the Defence Accounts Department, paid out of the Civil Estimates of Ministry of Defence and not subject to the Air Force Act, 1950 (45 of 1950) or the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957);
• (h) “Emoluments” means emoluments as defined in rule 31;
• (i) “Family Pension” means family pension admissible under rule 50 but does not include Dearness Relief;
• (j) “Foreign service” means service in which a Government servant receives his pay with the sanction of the Government from any source other than the Consolidated Fund of India or the Consolidated Fund of a State or the Consolidated Fund of a Union Territory;
• (k) “Form” means a form appended to these rules;
• (l) “Format” means a format appended to these rules;
• (m) “Government” means the Central Government;
• (n) “Government dues” means dues as defined in sub-rule (2) of rule 67;
• (o) “Gratuity” includes –
• (i) ‘service gratuity’ payable under rule 44;
• (ii) retirement gratuity or death gratuity payable under sub-rule (1) of Rule 45; and
• (iii) ‘residuary gratuity’ payable under sub-rule (3) of rule 45;
• (p) “Head of Department” means an authority specified in Schedule I to the Delegation of Financial Powers Rules, 1978, and includes such other authority or person whom the President may, by order, specify as Head of a Department;
• (q) “Head of Office” means a Gazetted Officer declared as such under rule 14 of the Delegation of Financial Powers Rules, 1978, and includes such other authority or person whom the competent authority may, by order, specify as Head of Office;
• (r) “Local Fund administered by Government” means the fund administered by a body which, by law or rule having the force of law, comes under the control of the Government and over whose expenditure the Government retains complete and direct control;
• (s) “Minor” means a person who has not completed the age of eighteen years.
• (t) “Pension” includes gratuity except when the term pension is used in contradistinction to gratuity, but does not include dearness relief;
• (u) “Pension Disbursing Authority” means –
• (i) Banks selected in consultation with the Reserve Bank of India (RBI) for payment of pension to Central Government civil pensioners, as specified by Controller General of Accounts; or
• (ii) Post Office; or
• (iii) Treasury including sub-treasury; or
• (iv) Accounts Officer;
• (v) “Pension Payment Order” includes e-Pension Payment Order;
• (w) “Qualifying Service” means service rendered while on duty or otherwise which shall be taken into account for the purpose of pensions and gratuities admissible under these rules;
• (x) “Retirement Benefits” includes pension or service gratuity, and retirement gratuity, where admissible;
• (y) “Service Book” includes service roll, if any; and
• (z) “Treasury” includes a Sub-Treasury.

(2) Words and expressions used herein and not defined but defined in the Fundamental Rules, 1922 have the meanings respectively assigned to them in those rules.

4. Government servants transferred from services and posts to which these rules do not apply.-

(1) A Government servant who is transferred permanently to a service or post to which these rules apply from a service or post to which these rules do not apply shall become subject to these rules:

Provided that it shall be open to him, within six months of the date of issue of the order of his permanent transfer or, if he is on leave on that day, then, within six months of his return from leave, whichever is later, to elect to be governed by the pension rules to which he was subject immediately before the date of his transfer.

(2) The option under the proviso to sub-rule (1) shall be exercised in writing and communicated to the authority making such order of transfer.

(3) The option, once exercised, shall be final

Source: https://pensionersportal.gov.in/Document/CCS-Pension-Rules%202021-English.pdf