By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: Government Home department is requested to consider and Issue of Government order 3 yearsplus service in Indian Institute of science which is a central government University 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PRASAD v. STATE OF BIHAR , pension was considered as a bounty depending upon the will of the employer which could be withdrawn at any time.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.
Conditions of Qualifying Service - A government servant's service does not qualify for pension till he has completed 18 years of age (Rule 220 of KCSR). The service must be under Government i.e. appointment done by the Government and duties and pay regulated by the Government. (Rule 223 of KCSR).Service does not qualify unless the Government servant holds a substantive office on a permanent establishment but temporary service forwarded by permanent service will count to the extent indicated in Rule 226. (Rule 224 of KCSR).Service must be paid for by the Government and does not include service in a non-pensionable establishment.
Rules for Reckoning Service: Leave - Time passed on all kinds of leave with allowances counts as service (Rule 244 of KCSR). Periods of overstayal of leave, joining time, suspension and unauthorized absence which remain unregularised till the time of retirement shall count for pension as qualifying service to a maximum of 3 years. However the periods treated as 'Dies-non' shall not be counted as qualifying service for pension(Rule 244-A of KCSR) .Training - Government may at its discretion, decide, in the case of a Government servant who is selected to undergo a course of training whether the period shall count as qualifying service for pension. (Rule 246 of KCSR) .Suspension - The period of suspension does not count unless the competent authority passes an order under Rule 99. Time passed under suspension pending enquiry into the conduct counts in full where, on conclusion of the enquiry, the Government servant has been fully exonerated or the suspension is held to be wholly unjustified. (Rule 250 of KCSR). Resignation, dismissal or removal entails forfeiture of past service (Rule 252 of KCSR).
Special Additions to Qualifying Service :· Addition to qualifying service to members of the Bar, who are appointed to judicial department, is permissible as per the provisions of Rule 247(1) of KCSR. · 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.· Military/ War service counts for pension (Rule 219-A, 219-B of KCSR), if pension is not earned for this service separately. 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. Employees of work charged establishment of Government subsequently absorbed into Government service are entitled for additions to qualifying service as per the provisions of 248 A of KCSR. Counting of additional years/ past service (under Rule 219, 224, 235, 247, 248, 252,416 & 417 as qualifying service for pension as per the above rules is subject to sanction from the appointing authority in accordance with the provisions of Rule 224-B of KCSRs. (Effective from 12-5-2006, vide GO No.FD 06 SRA 2004 dated:8/5/2006).