On careful analysis of CCS (Pension) Rules 1972 and the instructions issued thereunder, one will find that there are 2 category of pensioners as follows:
Category I: Those who were never eligible for addition to Qualifying service on their retirement for the purpose of computing pension and gratuity. Those who retire on superannuation pension and on retirement pension under Pension Rule 48, on compulsory retirement pension [FR 56(J)& Pension Rule 48 B] and invalid pension fall under this category. Their pension and gratuity are sanctioned on the basis of the actual service rendered by them in Government.
Category II: Those who were eligible for addition to qualifying service of not exceeding 5 years subject to the condition that the total qualifying service rendered by the Government servant does not in any case exceed thirty-three years and it does not take him beyond the date of superannuation. Those who have retired with retirement pension[FR 56(K) & Pension Rule 48A and Pension Rule 29] fall under this category. This benefit of addition to QS was rightly made available only to those who retired earlier than superannuation. The intention to differentiate was clear based on sound principles of “give and take”. Their pension and gratuity are sanctioned by adding QS as above. However GOI has withdrawn this provision retrospectively effective from 01.01.2006.
In terms of DOPT OM dated 02.09.2008 modified subsequently by DOPT OM dated 10.12.2009 those who retire after 01.01.2006 on completion of 10/20 years are eligible for full pension equivalent to 50% last pay drawn or average emoluments. The above OM have also withdrawn the benefit of addition to QS hitherto available to pensioners under Category II , above. After the issue of the above OM , different departments have interpreted the provision differently. Even within the same department there were different opinions. Most of them felt that those who retire on superannuation alone are eligible for full pension on completion of 10 years and all others only on completion of 20 years of service although such an interpretation is not supported by any orders.
What should be the objective and scientific interpretation of the above term 10/20 years of QS ?
To my mind the most scientific and objective interpretation of the above term is that pensioners under Category I will get full pension only if they complete 20 years of service. Those who have completed more than 10 years but less than 20 years of QS should get pro rata pension on the basis of their actual service. If an employee superannuated after 10 years he should get 10/20 times of full pension which will amount to 25% of last pay drawn or average emoluments whichever is beneficial.
Those pensioners who fall under Category II should be paid FULL PENSION after completion of 10 years of service. Let me explain the logic behind such assumption. Under FR 56(K) and Pension Rules 29 one will have to complete at least 15 years of service to become eligible for retirement. FR 56(k) stipulates that one should have joined service before attaining 35 years of age and can retire only after attaining 50 years of age, which obviously means that he would have completed a minimum of 15 years of QS. Similarly Pension Rule 29 specifically stipulates that one should have completed at least 15 years of service to opt for retirement. With the addition to QS of 5 years, both of them will have a QS of 20 and more years of QS, had this provision not withdrawn retrospectively. Such an assumption will also ensure that those who retired on grounds of inefficiency, medical invalidation and without any element of “give and take”, like superannuation are not treated at par with others who opt to retire earlier than the age of superannuation.
I hope that the GOI issue necessary clarifications immediately in this regard.