Technical Resingnation within the bond period after return from Study Leave.

Question

One staft granted study leave with the condition to serve at least three years in the parent organization. The employee served only 10 months after study leave.

The employee selected for another post in a central govt. organization establised after 01/01/2004 and relived after deposition of all the leave salary with interest as per rule 37 of CCS Pension Rule.

As the present organization is under NPS, he is not allowed to carry forward his service of old organization where he has tendered 11 years of regular service.

How the Period of Study leave treated. Whether it will qualify for pension and other retirement benefits?
Whether he is eligible for getting Pension, kindly advice me in this regard.

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Santosh Kumar Satapathy 1 month 5 Answers 163 views 0

Answers ( 5 )

  1. Whether the employee has applied through proper channel of old organisation to new organisation or resigned his old post.?. If resigned the old service could not count for other organisations. As per the pension rules first service should count then only the leave periods include. Moreover condition of old organisation was not fulfilled. For the pension purposes minimum service should be completed.

    • Kumar ji
      The employee applied through proper channel and resigned as Technical formality.
      My doubt is that, whether the leave period will count towards the qualifying service for which he has refunded the salary with intrest.
      As per rule leave period is count towards qualifying service for which leave salary is drawn.
      In the present case, although the salary was drawan the same was refunded.

      • Mr.S.K.Satapathy,
        If he has submitted the application through proper channel he should have continue previous service combined with new origination then only he is also eligible to combined service with leave periods. If he combined old service then he may be eligible for Pension rules since it was before 1/1/2004. Moreover in the old origination they should deduct the leave of his service by 1/10 ration of leave only from his service. If the balance of leave they have refunded is correct as per their service. Now he has to ask new origination to link his old service with his previous pay so that he will be eligible for PENSION, in this case he has to refund the NPS amount. He has to fought with new origination only. Weather previous origination has relieved duty to join new origination on this basis only new origination will follow the procedure.

        • Kumar ji
          Thanks for your reply.
          The employee has applied through proper channel and releved from the old office with technical formality.

          The new Organization i.e. Central University denied to carry forward the past service as the organization is established after 01/01/2004.

          if we deduct the study leave period from the serive period in old organization, the qualifying service will be less than 10 years. Hence the employee is eligible for Service Gratuity & Retiring Gratuity.

          Am I correct.

          • Gruatity purpose 4 years 10months 11 days is considered to have completed 5 years continus service is eligible.

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