Published on: June 3, 2021

PENSION RULES-1972

PENSION RULES-1972

What is the news : With a notification dated May 31, the Centre has amended its CCS Pension Rules-1972 putting new restrictions of officials of intelligence and security organisations after retirement

What is new:

Under amended Rule-8(3)(a), officials retired from certain intelligence and security establishments will not be allowed to write anything about their organisation without permission.

It says: “No government servant, who, having worked in any intelligence or security-related organisation included in the Second Schedule of the RTI Act, shall, without prior clearance from the Head of the Organisation, make any publication after retirement, of any material relating to and including: (i) domain of the organisation, including any reference or information about any personnel and his designation, and experience or knowledge gained by virtue of working in that organisation; (ii) sensitive information, the disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the state, or relation with a foreign state or which would lead to incitement of an offence.”

What restrictions are government employees under while in service:

  • Rule 7 of the CCS Conduct Rules restricts government servants from resorting to or abetting any form of strike or coercion.
  • Rule 8 restricts them, except with government sanction, from owning or participating in the editing or management of any newspaper or other periodical publication or electronic media. If they publish a book or participate in public media, they “shall at all times make it clear that the views expressed by him are his own and not that of Government”.
  • Rule 9 restricts a government servant from making statements of fact or opinion in writing or in a telecast or a broadcast “which has the effect of an adverse criticism of any current or recent policy or action of the Central Government or a State Government”
  • Rule 9 of the CCS Pension Rules says that if any government official has committed any misconduct and retires, he or she may face departmental proceedings only until four years of the date of committing that misconduct.

Is a retired government servant restricted from taking up employment: Rule 26, Death-cum-Benefits Rules, restricts a pensioner from any commercial employment for one year after retirement, except with previous sanction of the central government. Non-compliance can lead the central government declaring that the employee “shall not be entitled to the whole or such part of the pension and for such period as may be specified”. This cooling-off period was two years until 2007, when an amendment reduced it to one year.