A NOTE ON LIBERLISED PENSION REULES 1950 [LPR-1950] AND CENTRAL CIVIL SERVICES (PENSION) RULES, 1972 [CCS (Pension) Rules,1972]
A NOTE
BY CCCGPA, KARNATAKA
(An affiliate of Bharat Pensioners Samaj)
Writer Com K.B.Krishna Rao is a M.C member
of BPS
ON
LIBERLISED PENSION REULES 1950 [LPR-1950]
AND
CENTRA CIVIL SERVICES (PENSION) RULES, 1972 [CCS (Pension) Rules,1972]
The provisions relating to grant of pension and other pensionery benefits to the retiring Central
government employees were spread over the
Central Civil Services Regulations and various other executive instructions issued by the Central government from time to
time. They were codified in the year 1972 and promulgated in the form of
Statutory Rules called “Central Civil
Services (Pension) Rules, 1972 “.
These Rules were notified by the Govt. of India, Ministry of Finance, vide
notification No.8 (1)-E.V/69 , dated 1st March, 1972 and
published as S.O.No.934 in the Gazette
of India on 1st April,1972 and
came in to force from 1st
June,1972.
With
the promulgation of the statutory “ CCS(Pension)Rules,1972 “which came
in to force from 1st June,1972 the “Liberlised Pension Rules 1950”which did not have a statutory backing were rendered redundant
and hence were ‘repealed’.
Thus
with effect from 1st June,1972 all pensioners who were earlier
governed by the Liberlised Pension Rules ,1950 automatically came to be governed by the CCS(Pension)Rules,1972 and they
became entitled to the benefits of
further liberalisations and
modifications that were introduced / brought about in the said 1972 Rules from time to time as a
consequence of acceptance of the recommendations of successive Central Pay
Commissions in pension matters by the
Central government.
An
extract on the subject cited above from Swamys Publication “Pension Rules Made Easy’ – 1998 edition, given here
under, throws more light on the matter to remove doubts, if any, regarding
replacement of the then existing LIBERLISED PENSION REULES 1950 [LPR-1950] by CENTRA CIVIL SERVICES (PENSION) RULES, 1972 [CCS (Pension) Rules,1972] and applicability of the 1972 Rules
uniformly to all pensioners including
those pensioners who were covered by LPR 1950 .
To
state in a nutshell, only the nomenclature of Liberlised Pension Rules 1950 was changed as Central Civil Services
(Pension) Rules, 1972 and there is no change in the applicability of the rules
governing grant of pensionery benefits to pensioners and their entitlements.
However,
if needed, a reference can always be made to the Department of Pension and
Pensioners’ Welfare, which is the nodal department for all pension matters.
EXTRACT FROM SWAMYS PUBLICATION ‘PENSIONE
RULES MADE EASY 1998 EDN
Pension Rules- A Retrospect
The rules relating to pension for Central Government
servants were mostly included in the Civil Service Regulations and the Superior
Civil Service Rules until April 1950, when certain liberalisation of those
rules was made with the issue of Office Memorandum of the Ministry of Finance.
The liberalisation, made in 1950, though not made in the form of rules,
nevertheless came to be referred to as Liberalised Pension Rules. The
Government had the intention to incorporate formally these liberalised
provisions in the Civil Service Regulations; but due to variety of reasons,
these provisions could not be included in the CSR formally and these provisions
continued to be modified by issue of successive Office Memoranda. In addition,
Family Pension Scheme, 1964, was promulgated in the Finance Ministry’s OM No 9 (16)-E.
V/63, dated 31st December 1963, which was also amended by a number
of Office Memoranda issued thereafter. There have also been other important
provisions relating to pension and gratuity which have been issued in the form
of Office Memoranda from the Ministry of Finance. As a result, the provisions
relating to pension and gratuity including family pension were spread over the
Civil Service Regulations, the Superior Civil Service Rules and the various executive
instructions.
To facilitate easy reference and proper comprehension,
those provisions were brought out by the Government at one place in the form of
statutory rules entitled, “ the Central Civil Services (Pension ) Rules 1972”,
which came into force with effect from 1st June 1972. Henceforth,
the grant of pensionary benefits to the Central Government employees are governed
by the provisions contained in these rules. No changes were, however, made in
the quantum of monetary benefit, viz., pension and death-cum-retirement
gratuity entitlements.
The new set of rules, apart from streamlining the
procedure for grant of family pension to families of Government servants who
die while in service, provides for sanction of provisional pension to
Government servants and provisional family pension and death-cum-retirement
gratuity to the families of Government servants who die while in service. The
family pension admissible under the Liberalised Pension Rules has been given
the nomenclature “Non-Contributory family Pension”, while that under New Family
Pension Scheme, 1964,“Contributory Family Pension”. These nomenclatures were
changed as ‘Family Pension, 1950’ and Family Pension, 1964’ respectively.
‘Family Pension, 1950’ has since been deleted in 1988.
To the extent such of the articles in the Civil
Service Regulations and the rules in the Liberalised Pension Rules and
decisions there under are codified in the CCS (Pension) Rules, 1972, every
corresponding article/rule in CSR and LPR stands repealed.
K.B.Krishna Rao
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