Duration under suspension held unjustified to be counted as qualifying service

No. – 28/90/2022-P&P W(13)/8297
Government of India
Ministry of Personnel, Public Grievances, and Pensions
Department of Pension and Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan, Khan Market,
New Delhi, Dated the 2nd October 2022

OFFICE MEMORANDUM

Subject: Treatment of time passed by a Government servant under suspension as qualifying service or otherwise for pension and gratuity under the Central Civil Services (Pension) Rules, 2021.

The undersigned is directed to say that the Department of Pension and Pensioners’ Welfare has notified the Central Civil Services (Pension) Rules, 2021 in supersession of the Central Civil Service (Pension) Rules, 1972. In accordance with Rule 23 of the Central Civil Services (Pension) Rules, 2021, in the case of a Government servant who was previously suspended pending inquiry into his conduct and who, on conclusion of such inquiry, is fully exonerated or only a minor penalty is imposed and the suspension is held to be wholly unjustified, time passed by him under suspension is required to be counted as qualifying service. In other cases, the period of suspension is not to be counted as a qualifying service unless the authority competent to pass orders under the rule governing such cases expressly declares at the time that it shall count to such extent as the Competent Authority may declare.

2. In all cases of suspension, the competent authority is required to pass an order specifying the extent to which, if any, the period of suspension shall count as qualifying service and a definite entry is required to be made in the service book of the Government servant in this regard.

3. All Ministries/Departments are requested that the above provisions regarding the counting of time passed under suspension as qualifying service or otherwise, for pension and gratuity under the Central Civil Services (Pension) Rules, 2021 may be brought to the notice of the personnel dealing with the pensionary benefits in the Ministry/ Department and attached/ subordinate offices thereunder, for strict implementation.

(S. Chakrabarti)
Under Secretary to the Govt. of India