Grant of Invalid Pension even with less than 10 years service: Interpretation/ Clarifications/ Advice by DoP&PW
Compilation of rule based interpretation/ clarifications/ advice given by Department of Pension & PW to Ministries/ Departments during 01.01.2023 to 31.01.2023
I. Subject: Invalid Pension
Relevant Rules/Order – Rule 38 and Rule 49 of the CCS (Pension) Rules, 1972 Corresponding Rule 39 and Rule 44 of the CCS (Pension) Rules, 2021)
Case Descriptions – Referring Ministry :Ministry of Home Affairs Reference No. UO No. J-II-105/2010 dated 09.01.2023 (E-file No. 8263 and 8545 ) Shri A, a personnel of CRPF was deputed to NSG in the year 1992 During training in NSG, he was found medically unfit in the year 1993 for continuance in service on account of SCHIZOPHERENIC PSYCHOSIS and was boarded out from service. As he had less than 10 years qualifying service, he was not granted any pension.
On a petition filed by Shri A, Hon’ble High Court observed that the disability was attributable to Government service and, therefore, he may be granted Invalid Pension even with less than 10 years’ service. Ministry of Law did not find it fit to file SLP against High Court order. MHA referred the matter to DoPPW.
Under the CCS (EOP) Rules, the condition of minimum 10 years’ service is not applicable for grant of disability pension. On a query from DoPPW whether the disability was attributable to service, as observed by Hon’ble High Court and whether Shri A is entitled to Disability Pension under CCS (EOP) Rules, MHA informed that it cannot be clearly claimed/proved that disability of the Petitioner is attributable to Govt service.
MHA sought relaxation of condition of 10 years service under Rule 49 of the CCS (Pension) Rules, 1972 for grant of Invalid Pension under Rule 38 of CCS (Pension) Rules, keeping in view the advice of Ministry of Law and also the fact that there is meagre chance of succeeding in Supreme Court by filing SLP.
Gist of Advice of DoPPW
File No. 38/03(03)/2023- P&PW(A) dated 16.01.2023
Pension under Rule 38 and Rule 49 of the CCS (Pension) Rules, 1972 was dispensed with w.e.f. 04.01.2019 vide DoP&PW’s Notification dated 04.01.2019 but the amended provisions are not applicable in past cases.
In view of advice given by DoLA for implementation of the High Court Order and MHA’s proposal to implement the Court Order, MHA was advised to take an administrative decision in this regard. Since this is a matter of implementation of the Court Order, there is no need for any relaxation of rules as suggested by MHA/ CRPF.