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 1^st March, 1972 and published  as S.O.No.934 in the Gazette of India on 1^st April,1972  and  came in to  force from 1^st June,1972.

With the promulgation of the statutory “ CCS(Pension)Rules,1972 “which came in to force from 1^st 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the “Liberlised Pension Rules 1950”which did not have a  statutory backing were rendered  redundant and  hence were ‘repealed’.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 1^st 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 31^st 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 1^st 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