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On what basis can a government department reject a plea for pension ?
06-Mar-2023 (In Labour & Service Law)
Sir, I am 80 years old person and have served Ordnance Factory Dehradun (OFD) from 1950 to 1964 as a substantive employee who were elligible for pension after 10 years of service. At that time Pension Rule Book 1959 was applicable , i have been following this matter with OFD and various govt. dept. since past 12 years. We tried to get the copy of Pension Rule Book 1959 from various govt. depts which they dont have.Even we have a copy of PMO about same. We require your help in this matter, the question is when they dont have the copy of Pension Rule Book 1959 - on what basis are they rejecting my claim for Pension ? Your help will be highly appreciated.
According to the section 5(2) The day on which a Government servant retires or is retired or is discharged or is allowed to resign from service, as the case may be, shall be treated as his last working day. The date of death shall also be treated as a working day :
Provided that in the case of a Government servant who is retired prematurely or who retires voluntarily under Clauses (j) to (m) of Rule 56 of the Fundamental Rules or Rule 48 3[or Rule 48-A], as the case may be, the date of retirement shall be treated as a non-working day.
Also, you will have to file a civil suit against the said factory and Union of India demanding the said pension.
Provided that in the case of a Government servant who is retired prematurely or who retires voluntarily under Clauses (j) to (m) of Rule 56 of the Fundamental Rules or Rule 48 3[or Rule 48-A], as the case may be, the date of retirement shall be treated as a non-working day.
Also, you will have to file a civil suit against the said factory and Union of India demanding the said pension.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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