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April 10th, 2015, 02:24 PM
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CCS Pension Rules 1972 Rule 37

Hi I am rajneet. Can anyone share me the details about the CCS Pension Rules 1972 Rule 37?????????

Hi rajneet as you are asking about the CCS Pension Rules 1972 Rule 37, so hear I am providing you the details. The CCS Pension Rules 1972 Rule 37 can be taken into two segments.

[37. Pension on absorption in or under a corporation, company or body
(1) A Government servant who has been permitted to be absorbed in a service or post in or under a Corporation or Company wholly or substantially owned or controlled by the Central Government or a State Government or in or under a Body controlled or financed by the Central Government or a State Government, shall be deemed to have retired from service from the date of such absorption and subject to sub-rule (3) he shall be eligible to receive retirement benefits if any, from such date as may be determined, in accordance with the orders of the Central Government applicable to him ].

EXPLANATION. - Date of absorption shall be -
(i) in case a Government employee joins a corporation or company or body on immediate absorption basis, the date on which he actually joins that corporation or company or body;
(ii) in case a Government employee initially joins a corporation or company or body on foreign service terms by retaining a lien under the Government, the date from which his unqualified resignation is accepted by the Government.

(2) The provisions of sub-rule (1) shall also apply to Central Government servants who are permitted to be absorbed in joint sector undertakings, wholly under the joint control of Central Government and State Governments/Union Territory Administrations or under the joint control of two or more State Governments/Union Territory Administrations.
(3) Where there is a pension scheme in a body controlled or financed by the Central Government in which a Government servant is absorbed, he shall be entitled to exercise option either to count the service rendered under the Central Government in that body for pension or to receive [ deleted ]4 retirement benefits for the service rendered under the Central Government in accordance with the orders issued by the Central Government.

EXPLANATION:- Body means autonomous body or statutory body.]
Footnote : 3. Substituted by G.I., Dept. of P. & P.W., Notification No. 4/42/91-P & PW(D), dated the 25th June, 1997.
Footnote : 4. Substituted by G.I., Dept. of P. & P.W., Notification No. 38/6/13-P & PW(A), dated the 11th Februrary, 2013

Government of India's Decisions

(1) Grant of pro rata retirement benefits on permanent absorption in ESI Corporation. - 1. At present pro rata retirement benefits are admissible to the Central Government employees who are permanently absorbed in autonomous bodies controlled or financed wholly or substantially by the Central Government. The Staff Side made a suggestion in the National Council (JCM) that pro rata retirement benefits may be granted to all Central Government employees who have been or may be absorbed permanently in autonomous bodies like Employees' State Insurance Corporation which are not controlled or financed wholly or substantially by the Central Government, if the employees have been permitted to forward their application for such absorption by the Department concerned.

2. This question has been considered in detail but it has not been found possible to accept the demand of the Staff Side that the pro rata retirement benefits should be granted to Central Government employees who are absorbed in autonomous bodies not controlled or financed wholly or substantially by the Central Government. In this connection attention is invited to the provisions of Rule 37 of the CCS (Pension) Rules, 1972. Since the criterion is satisfied in the case of ESIC in view of the statutory provisions of the ESI Act. which confers on the Central Government the power to constitute or supersede the Corporation, to appoint Principal Officer, to accord approval to recruitment rules and to approve the budget, etc., the benefits in terms of the provision of Rule 37 of the CCS (Pension) Rules, are clearly available to the Central Government employees absorbed by ESIC. Accordingly, it is hereby clarified that the Central Government employees who have been and may be permanently absorbed therein, shall be eligible for retirement benefits as admissible under the orders in force from time to time according to the dates of their permanent absorption.

3. These orders shall not apply in the case of Medical Officers who after having rendered service in the Central Health Scheme (Ministry of Health) were transferred to ESIC and have been allowed the benefit of pension on combined service basis, by payment of pensionary liability by Ministry of Health for the period of service rendered under Central Government.
[G.I., Dept. of Per. & A.R., O.M. No. F. 27 (16)-PU/79, dated the 27th September, 1980.]

Last edited by Neelurk; March 21st, 2020 at 11:38 AM.
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