Effect of interruption in service and condonation of interruption in service – Provision under the Central Civil Services (Pension) Rules, 2021: DoP&PW OM No. – 28/90/2022-P&PW(B)/8297 dated 02.10.2022
No. – 28/90/2022-P&PW(B)/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: Provisions relating to effect of interruption in service and condonation of interruption in service under the Central Civil Services (Pension) Rules, 2021-reg.
The undersigned is directed to say that 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.
2. In accordance with Rule 27 of the Central Civil Services (Pension) Rules, 2021, an interruption in the service of a Government servant entails forfeiture of his past service, except in the case of (a) authorised leave of absence; (b) unauthorised absence in continuation of authorized Icave of absence so long as the post of absentee is not filled substantively; (c) suspension, where it is immediately followed by reinstatement, whether in the same or a different post, or where the Government servant dies or is permitted to retire or is retired on attaining the age of superannuation while under suspension; (d) transfer to non-qualifying service in an establishment under the control of the Government if such transfer has been ordered by a competent authority in the public interest; (c) joining time while on transfer from one post to another. Rule 27 further provides that, the appointing authority may, by order, commute retrospectively the periods of absence without leave as extraordinary leave.
3. As per Rule 28 of the Central Civil Services (Pension) Rules, 2021, in the absence of a specific indication to the contrary in the service book, an interruption between two spells of civil service rendered by a Government servant under Government including civil service rendered and paid out of Defence Services Estimates or Railway Estimates shall bc treated as automatically condoned and the pre-interruption service treated as qualifying service but the period of interruption shall not count as qualifying service. The provision regarding automatic condonation of interruption shall, not apply to interruption caused by resignation, dismissal or removal from service or for participation in a strike. The appointing authority may, however, consider condonation of interruption in service and to treat the pre-interruption service as qualifying service.
4, The decision not to condone interruption in service may be taken only in exceptional and grave circumstances and the order against condonation of interruption in service shall not be passed without extending to the Government servant a reasonable opportunity of representation and being heard in person.
5. All Ministries/Departments are requested that the above provisions regarding effect of interruption in service and condonation of interruption in service 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
To
All Ministries/Departments/Organisations,
(As per standard list)
COMMENTS