Pension: RBE No.163/2005 – Railway Services (Pension) Rules
No.F(E)III/2005/PN1/35, dated 26.09.2005
Sub: Counting of past service on submission of technical resignation on or after 01.01.2004 by employees governed by the Railway Services (Pension) Rules, 1993/ the Central Civil Services (Pension) Rules, 1972.
1. References have been received from certain Zonal Railways, seeking clarifications from Board whether the employees appointed on or before 31.12.2003, who were governed by old pension scheme under the Railway Services (Pension) Rules, 1993/ the Central Civil Services (Pension) Rules, 1972, will be eligible for counting of their past service under Rule 41(2)/ Rule 26(2), respectively, of the said rules or under the provisions of Board’s letter No.F(E)III/84/PN1/4, dated 08.04.1985 (based on DP&AR’s O.M. No.28/10/84-PU, dated 29.08.1984), as amended from time to time, in the situation where such employees submit technical resignation, on or after 01.01.2004 to take up new appointment in the new Ministry/ Department/ Central Autonomous Body.
2. The matter has been considered in consultation with the Department of Pension and Pensioners’ Welfare and the Ministry of Finance and it is clarified as follows:
(i) All the employees who entered into Railway Service/ Central Government service or in the service of an Autonomous Body set up by the Central Government satisfying the conditions laid down in para-4 of Board’s letter dated 08.04.1985/ DP&AR’s O.M. dated 29.08.1984 on or before 31.12.2003 and who were governed by old pension scheme under the Railway Services (Pension) Rules, 1993 or the Central Civil Services (Pension) Rules, 1972, will continue to be governed by the same pension scheme and same rules, for the purpose of counting of their past service under the said rules or under the provisions of Board’s letter No.F(E)III/84/PN1/4, dated 08.04.1985/ DP&AR’s OM No.28/10/84-PU, dated 29.08.1984, as amended from time to time, if such employees submit technical resignation on or after 01.01.2004 to take up new appointment in another Ministry or Department of the Government of India or an Autonomous Body set up by the Central Government, in which the pension scheme under the Railway Services (Pension) Rules, 1993/ the Central Civil Services (Pension) Rules, 1972 already exists for the employees who entered into service on or before 31.12.2003.
(ii) The employees who entered into service on or before 31.12.2003 and who were governed by CPF/SRPF(C) scheme or any pension scheme of the Central or State Government, other than the pension scheme under the Central Civil Services (Pension) Rules, 1972/ the Railway Services (Pension) Rules, 1993, on submission of technical resignation to take up new appointment on or after 01.01.2004, cannot be allowed to join the old pension scheme under the Railway Services (Pension) Rules, 1993/ the Central Civil Services (Pension) Rules, 1972 because entry to the said scheme ceased w.e.f. 31.12.2003 and no new entry can be allowed in the old pension scheme under the above Rules. However, such employees can seek pensionary/ terminal benefits, from the previous organization/ Department. If admissible under the rules of that organization/ Department, for the period of service rendered under that organization/ Department.
(iii) All the employees who entered into Railway service/ Central Government service or the service of an Autonomous Body set up by the Central Government on or before 31.12.2003 and who were governed by old pension scheme under the Railway Services (Pension) Rules, 1993/ the Central Civil Services (Pension) Rules, 1972 and who submit technical resignation on or after 01.01.2004, to take up new appointment under the State Government, will be eligible for grant of pro-rata pensionary benefits for the period of Railway/ Central Government or Central Autonomous Body service, on the lines as provided in Rule 53 of the Railway Services (Pension) Rules, 1993 or Rule 37 of the Central Civil Services (Pension) Rules, 1972, as the case may be, and related orders.
3. Para 3(A)(i) & 3(B)(ii) of Board’s letter No.F(E)III/84/PN1/4, dated 08.04.1985, which corresponds to the DP&AR’s O.M. No.28/10/84-PU, dated 29.08.1984 may be treated as deleted w.e.f. 01.01.2004. Further, the provisions of the Board’s letter No.F(E)III/84/PN1/4, dated 08.04.1985 or any other related order shall, in so far as it provides for any of the matters contained in this letter, ceases to operate.
Download Railway Board Circular RBE No.163/2005
Forward reference ⇒ RBE No.196/2009,