Grant of Invalid Pension under Rule 38 of the CCS (Pension) Rule, 1972 -clarification by Railway Board

GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)

No. D-43/7/2019-F(E)lll

New Delhi, dated: 13.10.2020.

Principal Financial Advisor,
East Coast Railway,
Bhubaneshwar.

Sub:- Grant of Invalid Pension under Rule 38 of the Centrel Civil Services (Pension) Rule, 1972 -clarification-reg.

Please refer to your Railway’s letter No. ECoR/Accts/BBS/PEN/1272 dated 03.08.2020 on the above mentioned subject vide which certain clarification were sought with regard to Department of Pension & Pensioners’ Welfare (DOP&PWs) Notification dated 04.01.2020 and O.M. No. 21/01/2016- P&PW(F) dated 12.02.2019.

2. In this regard, it is stated that DOP&PW vide their notification dated 04.01.2019 has amended Rule 38 of the Central Civil Services (Pension) Rules, 1972 and since, the Railway Services (Pension) Rules, 1993 are mainly based on the corresponding provision in CCS (Pension) Rules, 1972, the amendment in Rule 55 of the Railway Services (Pension) Rules, 1993 is under process in consultation with the Ministry of Law and Justice. Besides, the point wise clarification is as under:-

S.No.	East Coast Railways query	Clarification
1.	Whether these rules shall apply mutatis mutandis on the Railways also.	Yes, the amendment to Rule 38 of the CCS (Pension) Rules, 1972 shall apply mutatis mutandis on  Railways also.
2.	Whether the benefits in respect of Invalid Pension arising out of this circular will also be applicable to the past cases dealt otherwise before the issue of this Gazette Notification, i.e. 04.01.2019	No, the benefits in respect of Invalid Pension arising out of DOP&PWs Notification dated 04.01.2019 will only be applicable from the date of issue of notification, i.e. 04.01.2019.
3.	Till date neither Railway Board’s Circular nor any RBE has been received by this Railway. This may be looked into.	The amendment corresponding to Rule  38  of the CCS (Pension) Rules, 1972 is being carried out in Railway Services (Pension) Rules, 1993 and same is under consideration in consultation with Ministry of Law and Justice. As soon as the amendments  in the Railway Services (Pension) Rules,  1993  are  notified,  the  same will be conveyed to East Coast Railway.

(G. Priya Sudarsani)
Director, Finance (Estt.)
Railway Board,
Ph.No.23304528