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Under the Central Civil Services (Pension) Rules, 2021, resignation generally forfeits past service, and dismissal or removal generally does too. There are important qualifications: a resignation made with proper permission to take another qualifying government appointment may preserve service, a resignation may be allowed to be withdrawn in the public interest, and reinstatement after appeal or review can restore past service as qualifying service. A separate, discretionary compassionate allowance may be considered after dismissal or removal. Which rules apply depends on the employee’s service and pension arrangement, so the outcome cannot be determined from elapsed years alone.
First identify the employee’s pension rules
The 2021 Central Civil Services (Pension) Rules (CCS Pension Rules) provide the framework discussed here. Do not assume they govern every person who has worked for the Central Government: the applicable arrangement, appointment date, and service coverage need to be checked before applying a particular rule.
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The Unified Pension Scheme (UPS), implemented under separate 2025 rules for its specified NPS context, is not an amendment to the CCS Pension Rules. Its assured-payout provision expressly excludes resignation, removal, and dismissal. That UPS provision should not be treated as the test for a CCS pension case, or as a rule that applies to every central government employee. An employee should first establish which pension arrangement governs the relevant service and benefit question.
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What counts as qualifying service?
Qualifying service is the service recognized under the applicable rules for pension purposes. It is not necessarily the same as the number of calendar years between joining and leaving a job. Rule 13 addresses when qualifying service begins, while other rules and official orders determine how particular periods are treated.
The individual calculation depends on the employee’s official record. Appointment status, service-book entries, leave, suspension, interruptions between posts, and orders regularizing a period can all matter. A person should not calculate pensionable service by simply subtracting an appointment date from a last-working day, or assume that every interval shown in a work history counts.
This distinction matters especially when service ended through resignation, removal, or dismissal. The general rule may forfeit past service, while an exception or a later order may affect whether some or all of it can count. The service record and the orders made by the relevant authorities are therefore central to the answer.
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How the main outcomes differ
| Event or later development | Rule-based treatment | What to verify |
|---|---|---|
| Resignation | Past service is generally forfeited under Rule 26. | Whether the resignation was allowed to be withdrawn in the public interest, or was submitted with proper permission to take another qualifying government appointment. |
| Dismissal or removal | Past service is generally forfeited under Rule 24. | Whether an appeal or review led to reinstatement and how the intervening period was ordered to be treated. |
| Compassionate allowance after dismissal or removal | A competent authority may grant an allowance in a deserving case, within the Rule 41 ceiling. | Whether the authority considered the case and what amount, if any, it sanctioned. |
These are general rule outcomes, not a calculation of an individual’s pension. The sections below explain the conditions that can change how a case is handled.
What resignation usually means under Rule 26
Rule 26 states: “Resignation from a service or a post, unless it is allowed to be withdrawn in the public interest by the appointing authority, entails forfeiture of past service.” The starting point is therefore forfeiture, unless a specified route applies. A resignation does not automatically preserve earlier service merely because the employee later takes another job.
Moving to another qualifying government appointment
Rule 26 provides an exception for resignation submitted to take up, with proper permission, another appointment under government in which service qualifies. The requirements are substantive: the reason for resignation, permission, new appointment, and qualifying character of the service must fit the rule. “Interdepartmental transfer” or “government job” on its own is not enough to establish that past service is protected.
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Where this exception applies, the joining interval between appointments at different stations is also subject to conditions. It must meet the rule’s joining-time requirements and be covered through leave or formal condonation as applicable. The employee should preserve and compare the permission to apply or move, appointment and relief orders, joining report, relevant leave or condonation order, and service-book entries. A gap that appears short on a timeline is not, by itself, proof that the condition has been met.
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Withdrawal in the public interest
The appointing authority may allow a resignation to be withdrawn in the public interest. This is not the same as an employee unilaterally cancelling a resignation, nor does the rule make withdrawal automatic whenever it is requested. The operative question is whether the appointing authority allowed withdrawal on that basis. The employee should locate the actual decision and check how the service record and any subsequent orders treat the period concerned.
Questions to resolve before treating service as preserved
- Was the resignation submitted to take up another appointment under government?
- Was proper permission obtained for that move, and can it be established from the official record?
- Does the new appointment involve service that qualifies under the applicable rules?
- Was the gap between appointments handled under the joining-time conditions, covered through leave, or formally condoned?
- If withdrawal is relied upon instead, did the appointing authority actually allow it in the public interest?
These are record-checking questions, not a substitute for the authority’s determination. If a necessary permission, joining, or regularization order is absent or unclear, the employee should seek clarification rather than assume that the exception applies.
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What dismissal or removal means under Rule 24
Rule 24 provides the general consequence in direct terms: “Dismissal or removal of a Government servant from a service or post entails forfeiture of his past service.” This is a separate rule from resignation. A person should not apply the resignation exception for a qualifying government appointment to a dismissal or removal case.
The important later-event qualification is reinstatement on appeal or review. A person dismissed, removed, or compulsorily retired who is reinstated on appeal or review is entitled to count past service as qualifying service. The fact of reinstatement is therefore important to the treatment of past service, but it does not mean that every intervening day automatically counts.
The interruption and suspension period need separate treatment
The interval between the action and reinstatement, and any suspension period, does not count unless the authority that ordered reinstatement specifically regularizes it as duty or leave. The reinstatement order and any separate direction on the interruption or suspension should be read together. If the order restores the employee but says nothing about how the intervening period is treated, do not infer that the period has been counted as qualifying service.
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For a reinstatement case, compare the original dismissal, removal, compulsory-retirement, or suspension order; the appeal or review decision; the reinstatement order; and any order regularizing the interval as duty or leave. The service book should reflect the official treatment. Where those documents do not resolve the status of a period, a request for a reasoned clarification is more reliable than counting the period from dates alone.
Compassionate allowance after dismissal or removal
Rule 41 creates a limited, discretionary possibility after dismissal or removal. Where a case deserves special consideration, the authority competent to dismiss or remove may sanction compassionate allowance. The rule’s ceiling is “two-thirds of pension or gratuity or both.” The ceiling is a maximum, not a guaranteed award or a standard amount.
Dismissal or removal does not itself create an automatic entitlement to compassionate allowance. The relevant authority must consider whether the case deserves special consideration and decide whether to sanction an allowance. A person should distinguish a request or application from an actual sanction, and should check the authority’s decision and the amount awarded rather than assume a benefit follows from the circumstances of separation.
The rule’s formulation also matters when describing the limit: it refers to two-thirds of pension or gratuity or both. It should not be recast as an unconditional two-thirds pension, or as a promise that either pension or gratuity will be paid in every case. The individual treatment depends on the competent authority’s decision under Rule 41.
A practical way to check an individual case
- Confirm coverage. Identify the employee’s appointment date, service, and applicable pension arrangement. Establish whether the CCS Pension Rules or a distinct arrangement governs the question before relying on a rule outcome.
- Collect the service record. Obtain the appointment order, service-book entries, and relevant orders concerning leave, suspension, interruptions, or other periods whose treatment could affect qualifying service.
- Identify how service ended. Locate the resignation and acceptance records, or the dismissal or removal order. Do not treat these events as interchangeable; Rule 26 governs resignation and Rule 24 governs dismissal or removal.
- Check any claimed resignation exception. For a move to another government appointment, assemble evidence of proper permission, the new qualifying appointment, relief and joining dates, and any leave or formal condonation relevant to the joining interval. For withdrawal, locate the appointing authority’s decision allowing it in the public interest.
- Check appeal or review orders. If a person was reinstated, confirm the decision that led to reinstatement and identify any specific direction regularizing the interruption or suspension as duty or leave.
- Check for a Rule 41 decision. In a dismissal or removal case, distinguish a request for compassionate allowance from an order sanctioning it, and read the sanctioned amount against the rule’s ceiling.
- Ask for clarification where the record is incomplete. If the orders do not show whether a period counts or whether a condition was met, seek a written determination from the competent authority instead of relying on an informal assumption.
Common mistakes to avoid
- Counting elapsed time as qualifying service. Calendar duration does not settle how each period is treated under the rules and the employee’s records.
- Assuming every government-to-government move preserves service. Rule 26’s exception has permission, appointment, qualifying-service, and joining-interval conditions.
- Treating withdrawal as automatic. The rule refers to withdrawal allowed by the appointing authority in the public interest.
- Applying the resignation rule to removal. Dismissal and removal have their own general consequence under Rule 24.
- Assuming reinstatement counts the entire gap. Past service can count after reinstatement on appeal or review, but the interval and suspension period require specific regularization to count.
- Calling compassionate allowance an entitlement. Rule 41 permits a competent authority to grant it in a deserving case; it does not make an award automatic.
- Combining CCS and UPS provisions. UPS assured-payout exclusions belong to the specified UPS rules, not the CCS rules generally.
What determines the final answer
The outcome turns on the applicable pension arrangement, the type of separation, any permission or withdrawal decision, the qualifying-service record, and the exact terms of orders concerning interruptions or reinstatement. For dismissal or removal, a separate decision on compassionate allowance may also matter. Those documents—not the employee’s total time in government service viewed in isolation—are the basis for assessing how the rules apply.
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