Last Updated on October 1, 2018 by Legalseva.net
Government employees can claim pension only if they have completed a minimum of 20 years of service, the Central Administrative Tribunal (CAT) has held.
Qualifying service is essential for a government servant to claim pension as there is no relaxation permissible,” the CAT, headed by Vice Chairman M Ramachandran, said. The Tribunal passed the order on a plea of a Delhi Transport Corporation (DTC) employee who alleged that he had not been given the pensionary benefits after he opted for voluntary retirement scheme (VRS) and sought directions for relief.
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The CAT noted that the pension scheme was there as per the Central Civil Services (Pension) Rules and minimum incumbency of 20 years of service was required for a person to claim pension as a matter of right.
Any government servant had to his credit only 10 years of service, it would not have been possible for the DTC to extend him the pension benefits,” the Tribunal said.
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The CAT ruled that pension cannot be claimed only if one has opted for VRS. This is because the pension scheme is applicable as per the Central Civil Services (Pension) Rules which requires, minimum 20 years of service for a person to claim pension as a matter of right.
The Tribunal held this in the case of Mukesh, an employee of Delhi Transport Corporation (DTC) who approached the Tribunal alleging that he has been denied the pension benefits after opting for Voluntary Retirement Scheme (VRS).
Since Mukesh had to his credit only 10 years of service, it would not have been possible for the DTC to extend him the pension benefits,” the Tribunal said.
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Mukesh had been given the benefits legally due to him and as authorised by the scheme,” the CAT said, adding, that the provident fund and the gratuity was refunded to him.
This post is written by Sumitra Nair from Pune University . For any subject specific advice, please dial 99888-17966
