My mother is a temporary teacher in a North-Central railway primary school. She is due to retire next month. By that time she would have completed 19.5 years of service (about 6 moths short of 20 years). Will she get a pension? Chapter 2, part 18 in Railways' pension rules 1993 (https://indianrailwayemployee.com/content/chapter-ii-general-conditions) seems to imply she would, as the minimum years of qualifying service mentioned over there is 10. Same document mentions 20 years at several places. What is the minimum years of service required for a temporary, and a permanent employee?
Hello,
The minimum eligibility period for receipt of pension is 10 years. A Central Government servant retiring in accordance with the Pension Rules is entitled to receive pension on completion of at least 10 yearsof qualifying service.
Is her pension contribution was deducted from her salary than she is entitle to pension.
Whether temporary, and a permanent employee is eligible for pension if she is of EPFO, have completed 10 years of service, reached the age of 58.
She will also get good amount of gratuity. Eligible for gratuity on completing 5 years of service.
For different categories of employees are different rules, so it will be great kindly provide your mother's position and grade. You have just mentioned temporary teacher.
Every organisation has its own service regulations to determine eligibility of pension.
Therefore your service rules is to be looked into for further advice.
Reproduce the relevant portion of the Rules to advise further and in precise manner.
1. You shall have to examine the employment terms for the Temporary teachers of Railways.
2. The eligibility for pension for permanent teachers is 20 years.
3. In case of gratuity, the eligibility of ten years of service has been considered by rounding of 9 years 6 months service by Court order.
3. Similarly 19 years 6 months plus service can be considered to be rounded of to 20 years to be eligible to get pension.
4. However, a Writ Petition shall have to be filed by your mother to consider her in the same line with permanent teacher for allowing pension to her after her serving the railways for 19 years 6 months plus period of time.
The minimum eligibility period for receipt of pension is 10 years. A Central Government servant retiring in accordance with the Pension Rules is entitled to receive pension on completion of at least 10 years of qualifying service.
At any time after a Government servant has completed twenty years' qualifying service, he may, by giving notice of not less than three months in writing to the appointing authority, retire from service.
Verification of qualifying service before giving notice. - Before a Government servant gives notice of voluntary retirement with reference to Rule 48-A, of CCS(Pension) Rules 1972 he should satisfy himself by means of a reference to the appropriate administrative authority that he has, in fact, completed twenty years' service qualifying for pension.
In order to ensure the correctness of the length of qualifying service for pension under the new scheme, it has been decided that the instructions contained in DP & AR's OM-No 25013/14/77-estt(A) dated 5th January 1978, as amended from time to time, shall be followed.
The pension will be subject to the provisions of Rules 8 and 9 of CCS(Pension) Rules, 1972.these Rules.
Yes it's 10 years for permanent employee and 20 years for temporary employees.
PENSION
•1. Eligibility to Pension and amount of pension:
1.1 Pension is admissible to a permanent railway servant with a minimum of 10 years qualifying service on his quitting service because of either abolition of post or medical invalidation or retirement on completion of 30 years service or superannuation. However, with effect from 1.1.1986, temporary railway servants retiring on superannuation or on being declared permanently incapacitated for further railway service by the appropriate medical authority with 10 years qualifying service shall be eligible for superannuation/invalid pension, retirement gratuity and family pension at the same scale as admissible to permanent employee. Temporary employees on seeking voluntary retirement after completion of 20 years service shall continue to be eligible for pension, retirement gratuity and family pension as per the Scheme of Voluntary retirement.
1.2 Railway servants retiring before completing 33 years qualifying service but after completing 10 years qualifying service, the amount of pension shall be calculated at 50% of the average emoluments and proportionate to the amount of pension for 33 years qualifying service.
[Letter No. PC-IV/Imp/PN/1 dated 15.04.1987 (RBE 90/1987)]
1.3 In the case of a railway servant retiring before completion of 10 years qualifying service, he shall be eligible for service gratuity at the rate of half a month's emoluments for every completed six monthly period of service. Those retiring with 10 years qualifying service or more, pension shall be calculated on the basis of the actual qualifying service and 50% of average emoluments Subject to a minimum of Rs. 375/- and a maximum of Rs. 4500/- per month. ##{W.e.f 1.1.1996, pension shall be subject to a minimum of Rs. 1275/- and a maximum up to 50% of the highest pay in the Government i.e. Rs. 30,000/- p.m.}
[Letter No. F(E)III/97/PN1/22 dated 5.11.1997 (RBE 142/1997)
and 23.10.1998 (RBE 242/1998)]
## Added vide Railway Board's letter No. F(E)III/2000/Master Circular/Revision dated 10.3.2000 (RBE 41/2000).
[Letter No. F(E)50/RT 1/6 dated 16.11.1957
& PC-IV/Imp/PN/1 dated 15.04.1987 (RBE 90/1987)]
1.4 In calculating the length of qualifying service, fraction of a year equal to three months and above shall be treated as completed one half year and reckoned as qualifying service.
(Letter No. F(E)III 79 PN1/10 dated 25.08.1963)
1.5 The amount of pension finally determined shall be expressed in whole rupee and where the Pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee.
(Letter No. F(P)66 PN1/33 dated 07.04.1966)
•2. Classes of Pension:
The various classes of pension are as under :-
2.1 Superannuation pension
Superannuation pension shall be granted to a railway servant who has retired on his attaining the age of compulsory retirement (##{Superannuation i.e. 60 years at present.})(Superannuation i.e. 58 years at present.)
[Letter No. E(P&A)I-98/RT-6 dated 14.5.1998 (RBE 103/1998)]
## Replaced vide Railway Board's letter No. F(E)III/2000/Master Circular/Revision dated 10.3.2000 (RBE 41/2000).
2.2 Retirement on the last day of the month in which Superannuation falls
With effect from 1.11.1973 Railway servants in Group B, C & D services or posts and from 1.5.1974, Railway servants in Group A services or posts shall retire from service with effect from the afternoon of the last day of the month in which their date of retirement accordance to Rule 2046-RII falls without prejudice to clauses (h) (i) (k) and (l) of that Rule. (Corresponding Rules in 1987 edition of R-II Rules 1802 and 1804).
(Letter No. PC-III/73/RT/4 dates 18.12.1973, 20.5.1974 and 2.8.1974)
2.3 Retiring Pension
Retiring Pension is granted to a railway servant who retires or is retired in advance of the age of compulsory retirement (on Superannuation) on completion of 30 years qualifying service as provided in Para 620 of MRPR and Rule 1803 of the Indian Railway Establishment Code Vol. II or on completion of 20 years qualifying service as per the scheme of voluntary retirement issued under Board's letter no. E(P&A)I 77/RT-46 dated 9.11.1977 or under Rule 1802 of the Indian Railway Establishment Code Vol. II.
2.4 Pension on absorption in or under a Corporate Company or Body
Railway servant who has been permitted to be absorbed under service or post in or under a Corporate or Company wholly or substantially owned or controlled by Government or in or under a body controlled or financed by the Government. (For details and authority, see Chapter I of Master Circular on Pension)
2.5 Invalid Pension
Invalid pension may be granted if a railway servant retires from service on account of any bodily or mental infirmity, which permanently incapacitates him for service.
2.6 Compensation Pension
If a railway servant is selected for discharge owing to the abolition of his permanent post, he shall, unless he is appointed to another post the conditions of which are deemed by the authority competent to discharge him to be atleast equal to those of his own have the option
•a. of taking compensation pension to which he may be entitled for the service he had rendered; or
•b. of accepting another appointment on such pay as may be offered and continue to count his previous service for pension.
(Letter No. F(E)50/RT 1/6 dated 16.11.1957 and Paras 601 to 607 of MRPR)
2.7 Compulsory Retirement pension
A railway servant compulsorily retired from service as a penalty may be granted by the authority competent to impose such penalty, pension or gratuity or both at a rate not less than 2/3rd and not more than full compensation pension or gratuity both admissible to him on the date of retirement. Pension granted in such cases shall not be less than Rs. 375/-.
(Para 312 of MRPR
and Letter No. PC-IV/Imp/PN/1 dated 15.04.1987 (RBE 90/1987))
- As per law, the minimum eligibility period for being eligible for pension is 10 years.
- Further , a Central Government servant retiring in accordance with the Pension Rules is entitled to receive pension on completion of at least 10 years of qualifying service
- Since, your mother has already completed her service of 10 years, hence she is entitled to get Pension .
- Railway also come under the Central government , and bond to adopt rule of 10 years continued service .
My mother's position is ad hoc primary school teacher, and her grade is 4200. She is a Level 6 employee. How can her qualifying service years be rounded to 20 years from 19 years 6 months, is there a precedent for it, where a court or some other body directed it be rounded off?
Whether private or govt..eimpliyeee, if she is register with EPFo she is entitle to pension
if she has rendered eligible service of 10 years or more and retires at the age of 58.
When you say that she has put only 19 and half years, on what basis are you asking that how can her service be rounded off to 20 years of service.
The rounding off is generally done for the calculation of gratuity amount only and not for such issues.
Ad hoc employees are not entitled for pension
She can take the benefit of the same also in 19 years 6 months as an relaxation. It's not so stringent provision.
If the time limit is 20 years and there is no scope for relaxation then I regret she fails to qualify for pension.
Dear Sir/Madam,
You are suggested that the president of India has the said power of condonation or rounding off the same. It is suggested that the application be addressed to the Hon'ble President of India and this will decided by some other authority under the delegated power of the president.
- As per the Supreme Court in the case of Ramesh K. Sharma v. Rajasthan if an incumbent holds the post for indefinite period then it cannot be said to be adhoc appointment
- Since, your mother has worked 19 years of service , then she will not treated as ad hoc teacher ,and she is entitled to get pension after completing 10 years of service .