either under the Payment of Gratuity Act, 1972 or under the CCS (Pension) Rules, 1972?
11. Admittedly, the workman has worked 'on daily wages ... both the Acts, i.e. Payment of Gratuity Act, 1972 and CCS (Pension) Rules, 1972. The workman is entitled to get the gratuity
exercising powers vested with the petitioners under Rule 69 r/w Rule
9(4) of the CCS (Pension) Rules. It is submitted that the respondent ... pension/regular pension cannot be release to him at this
stage.
Keeping in view of the provision of section 69 of the
CCS (Pension) Rules
terminal benefits of their employees not less than as prescribed under CCS
(Pension) Rules, 1972 and CCS (Temporary Service) Rules, 1965.
Sd/-
(RAJENDRA KUMAR)
DIRECTOR ... which apply and
payments of amounts towards pension, provident fund and gratuity are not
under CCS Pension Rules and CCS Leave Rules
Leave Encashment Rules that even
assuming pension and gratuity cannot be paid as per the CCS Pension Rule
9, however, so far as leave encashment ... petitioner let us reproduce the relevant rules, namely, Rules 9 and 69 of the
CCS (Pension) Rules and Rule 39(3) of the Leave Encashment
CCS
Pension Rules and sub-Rule (2) of the same would be relevant in deciding
the present case. Rule 7 of the CCS Pension Rules ... 2008 Page 7 of 13
gratuity as per Rule 50. Rule 19 of the CCS Pension Rules reads as
under:-
"19. Counting of military
around 2001. After their retirement, they
were paid gratuity under the CCS (Pension) Rules, 1972. The
respondents were not satisfied with the payment of gratuity ... CCS (Pension) Rules to them.
5 The dispute raised in these petitions appears to be that under
Rule 50 (1)(a) of the CCS (Pension
Pensions are of two kinds, viz. Ordinary and Extraordinary. While the Ordinary pension is regulated by the CCS (Pension) Rules, 1972, the Extraordinary pension ... comprehensive reading of the entire pension scheme under the CCS (Pension) Rules, 1972 clearly establishes, it is a beneficial legislation and hence Rule 26 requires
pension/regular pension cannot be released to him at this stage.
Keeping in view of the provision of section 69 of the CCS (Pension) Rules ... that under Rule 69 of the CCS (Pension) Rules, 1972, read with Rule 9 ibid, the pension related dues of the Applicant could be withheld
pension, commuted value of pension, leave encashment and arrears of pay etc can be issued, as, there is no provision under Rule 68 of CCS ... major role.
13. Sub Rule (C) of Rule 69 of CCS (Pension) Rules imposes a duty on the respondents directing them
Pension) Rules, 1972 is conformed to the amount of
the gratuity or pension cannot be withheld. It has been submitted
that Rule 71 of CCS ... Pension) Rules as referred earlier. From a
reading of the aforesaid Rule 43(b) or for that matter Rule 9(1) of
the CCS (Pension
