Resignation from Government service: Rule 14 of Central Civil Services (Implementation of National Pension System) Rules, 2021

 Resignation from Government service: Rule 14 of Central Civil Services (Implementation of National Pension System) Rules, 2021

Resignation from Government service: Rule 14 of Central Civil Services (Implementation of National Pension System) Rules, 2021

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Pension and Pensioners’ Welfare)

NOTIFICATION

New Delhi, the 30th March, 2021

14. Resignation from Government service. – (1) On resignation from a Government service or a post, unless it is allowed to be withdrawn in the public interest by the appointing authority, the lump sum and the annuity out of the Subscriber’s accumulated pension corpus shall be paid to him in accordance with the regulations notified by the Authority as admissible in the case of exit of a Subscriber from the National Pension System before superannuation :

Provided that such payment of lump sum withdrawal and annuity shall not be made before the expiry of a period of ninety days from the date on which the resignation becomes effective and the Subscriber is relieved of his duty :

Provided further that if the Subscriber dies before the expiry of a period of ninety days from the date on which the resignation becomes effective, the payment shall be made to the person eligible to receive such payment immediately in accordance with the regulations notified by the Authority as admissible in the case of exit of a Subscriber from the National Pension System before superannuation :

Provided also that such person may, at his option, continue to subscribe to the National Pension System with the same Permanent Retirement Account Number, as a non-Government subscriber in accordance with the regulations notified by the Authority.

(2) Where with proper permission, the resignation has been submitted to take up another appointment, whether temporary or permanent, in the same or any other Department of the Central Government or the State Government and the employees of such Department are covered by the National Pension System, the Subscriber shall continue to subscribe to the National Pension System with the same Permanent Retirement Account Number on the new appointment and shall be deemed to be a member of the National Pension System from the date he joined the Government service on a post to which he was first appointed :

Provided that where the employees of such Department or State Government are not covered by the National Pension System, the Subscriber shall be eligible to receive benefits under National Pension System in accordance with the Pension Fund Regulatory and Development Authority ( Exits and Withdrawals under National Pension System) Regulations, 2015 as admissible in the case of exit of Subscriber on superannuation :

Provided further that where the employees of such Department or State Government are not covered by the National Pension System, such subscriber may, at his option, continue to subscribe to the National Pension System with the same Permanent Retirement Account Number as a non-Government subscriber, in accordance with the regulations notified by the Authority, in this regard.

(3) The appointing authority may permit a person to withdraw his resignation in the public interest on the following conditions, namely: –

(a) the person concerned was not a temporary Government servant at the time of acceptance of his resignation;

(b) the resignation was tendered by the Government servant for some compelling reasons which did not involve any reflection on his integrity, efficiency, or conduct and the request for withdrawal of the resignation has been made as a result of a material change in the circumstances which originally compelled him to tender the resignation;

(c) during the period intervening between the date on which the resignation became effective and the date from which the request for withdrawal was made, the conduct of the person concerned was in no way improper;

(d) the period of absence from duty between the date on which the resignation became effective and the date of which the person is allowed to resume duty as a result of permission to withdraw the resignation is not more than ninety days;

(e) the post, which was vacated by the Government servant on the acceptance of his resignation or any other comparable post, is available.

(4) Request for withdrawal of a resignation shall not be accepted by the appointing authority where a
Government servant resigns from service or post with a view to taking up an appointment in or under a private commercial company or a Corporation or Company wholly or substantially owned or controlled by the Government or a Body controlled or financed by the Government.

(5) When an order is passed by the appointing authority allowing a person to withdraw his resignation and to resume duty, the order shall be deemed to include the condonation of interruption in service.