Qualifying Service and counting of past service – Verification done on completion of 25 years is treated as final: Interpretation/ clarifications/ advice given 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

II. Subject : Qualifying Service and counting of past service

Relevant Rules/Order:

Rule 32 of CCS (Pension) Rules, 1972 (Corresponding Rule 30 of the CCS (Pension) Rules, 2021

Case Descriptions:

Referring Ministry :Ministry of Health and Family Welfare Reference No. A.11011/41/2021-N/DGHS dated 02.01.2023

Dr. A was appointed on ad-hoc basis as Clinical Instructor in RAK College of Nursing on 29.09.1986 and was later regularised w.e.f. 30.09.1992 After completion of 25 years of service her service verification was done by Pay & Accounts Office vide letter dated 06.09.2016 and her net qualifying services was counted w.e.f 29.09.1986 (including ad hoc period). Later, PAO cancelled its previous order and once again verified the service of Dr. A excluding the ad-hoc period (29.09.1986 to 29.09.1992). A superannuated from service on 30.11.2020.

MoH&FW has mentioned that as per Rule 32(3) of CCS (Pension) Rules, 1972, service verification done on completion of 25 years is treated as final and shall not be re-opened. However, her verification of service was reopened by the issuing authority itself (i.e. PAO) stating that period of her ad-hoc service was counted erroneously.

MoH&FW sought clarification on counting of service rendered by Dr. A on ad-hoc basis for grant of pensionary benefits

Gist of Advice of DoPPW
File No. 28/02/2022-P&PW(B) DATED 02.01.2023

The term ‘ad-hoc’ service does not figure in the CCS (Pension) Rules, 1972. Hence, there is no provision for counting of ad-hoc service in the CCS (Pension) Rules, 1972.

As per Rule 32(3) of CCS (Pension) Rules, 1972 service verification done on completion of 25 years is treated as final and shall not be re-opened except when necessitated by a subsequent change in the rules and orders governing the conditions under which the service qualifies for pension

MoH&FW was, therefore, been requested to clarify the reasons why the service verification already done in accordance with rule 32 of CCS (Pension) Rules, 1972 was re-opened. MoH&FW has also been requested to provide the information regarding the date of re-examination of the above case and issue of revised service verification certificate by Head of Office to the Government servant, for further examination of the matter.

Source: DOPPW