Revised Regulations Retirement Benefits 2023 for IAS, IPS, and IFoS Pensioners

Madhavi Gaur July 29, 2023 12:16 7031 0

Revised Regulations of Retirement for All India Services Pensioners

The All India Services (Death-cum-Retirement Benefits) Rules, 1958, which govern the retirement benefits of IAS, IPS, and IFoS pensioners, have been recently amended by the Central government. The updated Rules in 2023 primarily target pensioners associated with intelligence or security-related organizations. Notably, significant changes have been introduced to the regulations overseeing retirement benefits for officials belonging to IAS, IPS, and IFoS.

These changes grant the central government the authority to take action against pensioners without requiring any input from the state government. This includes the power to withhold or withdraw pension benefits if a pensioner is found guilty of severe misconduct or convicted of a serious offense, especially those falling under the Official Secrets Act.

In this article we will have a look at the revised regulations of the Retirement Benefits 2023 for All India Services like IAS, IPS and IFoS Pensioners.

**Revised Regulations of Retirement for All India Services Pensioners**

Revised Regulations for All India Service Pensioners: Why in News?

The Central government has recently made amendments to the All India Services (Death-cum-Retirement Benefits) Rules, 1958, which govern the retirement benefits of IAS, IPS (Indian Police Service), and IFos (Indian Forest Service) pensioners.

Updated to Rules 2023, the amendment primarily focuses on pensioners associated with intelligence or security-related organizations.

Revised Regulations Governing Retirement Benefits

Notably, the central government has introduced noteworthy changes to the regulations that oversee retirement benefits for officials belonging to the Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFoS).

These changes grant the central government the authority to act against pensioners, regardless of any input from the state government. This includes the ability to withhold or withdraw pension benefits in cases where the pensioner is found to have committed severe misconduct or has been convicted of a serious offense, particularly one falling under the Official Secrets Act.

‘Grave Misconduct’ and ‘Serious Crime’: Understanding the terms

On July 6, 2023, the Department of Personnel and Training (DoPT) released a notification stating that the term ‘grave misconduct’ now covers the sharing or revelation of any document or information listed in the Official Secrets Act. Furthermore, a ‘serious crime’ comprises any violation of the Official Secrets Act.

Removing the Reliance on State Government Referrals

The revised All India Services (Death-cum-Retirement Benefits) Rules, 1958, have eliminated the need for state government references to take action against retired officials.
Before this amendment, the central government had to obtain a reference from the respective state government if a pensioner was convicted.
Now, the modified rules include the addition of the phrase “or otherwise” after “…the State Government concerned,” allowing the central government to independently take action if a pensioner is found guilty of serious misconduct or convicted of a grave offense.

Key Changes Introduced by the 2023 Rule:

The central government now possesses the authority to take action against IAS, IPS, and IFos pensioners, withholding or withdrawing their pension, even without a reference from the state government, in cases of serious misconduct or conviction for grave crimes.
The amended rules emphasize that the decision of the Central Government on pension withholding or withdrawal “shall be final.”
The definition of ‘grave misconduct’ now includes the communication or disclosure of documents or information mentioned in the Official Secrets Act, while a ‘serious crime’ encompasses any offense under the Official Secrets Act.
The previous Rule 3(3) in the All-India Services (Death-cum-Retirement Benefits) Rules, 1958, allowed the Central government to withhold or withdraw pension based on a reference from the concerned State Government.
Members of intelligence or security-related organizations who served in such capacities are now prohibited from writing or publishing without prior clearance from the head of their respective organization.

Impact of the Amended Rules

The Centre can now take action against pensioners without relying on references from state governments in cases of grave misconduct or conviction for serious crimes.
If the state government fails to provide such references, the central government can initiate the action independently.
Officials of security and intelligence organizations who express sensitive information through media, books, or writings may face consequences under the amended rules.
The proposed changes could reduce the State’s political control over the bureaucracy, affecting effective governance and potentially leading to legal and administrative disputes. The amendments grant unrestricted power to the central government to act against retired officers.

Addressing Challenges in Dealing with Officers

The purpose behind this amendment was to tackle situations where state governments failed to provide references for action against retired officials, even after they were convicted by the courts.
The lack of cooperation from state governments posed difficulties for the central government in taking appropriate action against the concerned officers, particularly those in the All India Services.

Final Authority on Pension Withholding or Withdrawal

The revised rules now specify that the central government’s decision regarding withholding or withdrawing pension shall be considered conclusive.

Restrictions on Disclosure of Sensitive Information

The amended rules also introduce new provisions concerning the disclosure of sensitive information by officers who served in intelligence or security-related organizations.
Such officers are now required to seek prior clearance from the Head of the Organization before publishing any material related to the organization’s domain. This includes any reference or information about personnel and their positions, as well as knowledge or expertise gained while working in that organization.
Failure to adhere to this requirement may result in severe action, with potential consequences treated as grave misconduct.

Revised Regulations of Retirement for All India Services Pensioners

Understanding the All India Services (Death-cum-Retirement Benefits) Rules, 1958

These rules were established under Section 3 of the All-India Services Act, 1951 (61 of 1951), empowering the Central Government, in consultation with the concerned State Governments, to create such rules.
They apply to individuals who retired from the Service on or after October 29, 1951.
They do not pertain to members of the Service who were promoted from State Services or appointed under the Indian Administrative Service (Extension to States) Scheme or the Indian Police Service.
These rules do not apply to individuals appointed to the service on or after January 1, 2004.

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