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REPLACE ‘KHICHDI’ OF PENSION ORDERS WITH ONE RULE: KARNATAKA GOVT VIOLATED KCSR IN RESPECT OF ALLOWING QUALIFYING SERVICE IN PENSION MATTERS

 
 
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REPLACE ‘KHICHDI’ OF PENSION ORDERS WITH ONE RULE: KARNATAKA GOVT VIOLATED KCSR IN RESPECT OF ALLOWING QUALIFYING SERVICE IN PENSION MATTERS
by System Administrator - Friday, 23 March 2018, 11:19 PM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: Observing that a plethora of instructions issued by the Centre on granting pension created confusion among retired government officials, the Supreme Court asked it to frame a law to regulate the retirement benefit.Supreme Court asked the government to take steps to prevent pension woes of retired officials. "We recommend to the department of personnel and training of the government of India to try and make life after retirement easier for a government servant by having appropriate legislation enacted by Parliament or applicable pension rules rather than a 'khichdi' of instructions, office memoranda, clarifications, corrigenda and so on and so forth,” the reportedly bench said. Experts suggest that Karnataka Government also try and make life after retirement easier for a government servant by having appropriate legislation enacted by Parliament or applicable pension rules rather than a 'khichdi' of instructions, office memoranda, clarifications, corrigenda and so on and so forth.

Sri Rajendra PrasadPPO NO 299332/RPR need to be sanctioned by issuing a government order for his qualifying service for pension8 years which was treated as non duty period as per rule 244-A as per citations in WP " Ramalingaiah v. .State Of Karnataka” "LAWS(KAR)-2002-9-67HIGH COURT OF KARNATAKAand 1 year 3 months of service in Indian Institute of Management Bangaloreas it is central government educational organization as Employees of educational institutions recognized by government and subsequently getting into Government service in accordance with the rules of recruitment are entitled for additions to qualifying service in accordance with the provisions of the Rule 248 of KCSR. 244-A which was not considred despite several representations by : Sri Rajendra PrasadPolice Inspector (Retired).Government Home department is requested to consider and Issue of Government order 3 yearsplus 1 year 3 months service in Indian Institute of science asqualifying service for pension in respect ofSri Rajendra Prasad Police Inspector (Retired) after considering non duty period as leave granted without payas all kinds of leave shall count as service under all circumstances provided that the maximum period of leave without allowances to be so counted shall be restricted to 3 years in the entire service and his total service in Indian Institute of science as it is central government organization .As per citation of KAT order in application number 884/2009 dated 10-10-2012 you can consider his total non duty period as leave granted and consider it for qualifying service for pension. Persons, who are recruited after 30 years of age, are eligible for addition to the qualifying service in accordance with the provisions of Rule 247 A of KCSR. Prior to the Decision of the Supreme Court in the case of DEOKINANDAN PRASAD v. STATE OF BIHAR , pension was considered as a bounty depending upon the will of the employer which could be withdrawn at any time. It is only after Deokinandan's case, the concept of pension changed since it is held to be a valuable right vesting in a Government servant. It is in the nature of a deferred payment of the amount which a Government employee has earned on account of his service to the State beyond a prescribed period.