2. Application Save as otherwise provided in these rules, these rules shall apply to Government servants appointed on or before 31st day of December,2003 including civilian Government servants in the Defence Services appointed substantively to civil services and posts in connection with the affairs of the Union which are borne on pensionable establishments, but shall not apply to -
(a) railway servants ;
(b) persons in casual and daily rated employment ;
(c) persons paid from contingencies ;
(d) persons entitled to the benefit of a Contributory Provident Fund ;
(e) members of the All India Services ;
(f) persons locally recruited for service in diplomatic, consular or other Indian establishments in foreign countries ;
(g) persons employed on contract except when the contract provides otherwise ; and
(h) persons whose terms and conditions of service are regulated by or under the provisions of the Constitution or any other law for the time being in force. GOVERNMENT OF INDIA'S DECISIONS
(1) Employees of Union Territories are also governed by CCS (Pension) Rules, 1972. - Reference UO Note No. 115-Audit/95-83, dated 31-1-1984, from the Office of the Comptroller and Auditor-General of India, on the above subject. The employees of the Delhi Administration as well as other Union Territories Administrations in the matter of pensionary benefits are governed by the Central Civil Services (Pension) Rules, 1972. The pay scales and other conditions of service of the Union Territories employees, except those of Chandigarh Administration, have been fixed on the basis of the recommendations of the Third Pay Commission, and as such, all the conditions of service as applicable to the Central Government employees are applicable to the employees of the Union Territory Administrations. [G.I., M.H.A., U.O. No. U. 14026/1/84 Delhi (D.III), dated the 24th March, 1984.]
(2) No distinction between permanent and temporary employees in the application of Pension Rules. -
(i) Confirmation will be made only once in the service of an official which will be in the entry grade.
(ii) Confirmation is delinked from the availability of permanent vacancy in the grade. In other words, an officer who has successfully completed the probation may be considered for confirmation.
(iii) Since all the persons who complete probation in the first appointment will be declared as permanent, the present distinction between permanent and temporary employees for grant of pension and other pensionary benefits will cease to exist. [G.I., Dept., of Per. & Trg., O.M. No. 18011/1/86-Estt. (D), dated the 28th March, 1988 ][ 4.1. (A) and 4.4.] For pensionary/death benefits for temporary Government servants see Rule 10 of CCS (TS) Rules, 1965
(3) Temporary Government servant with less than ten years’ service who retires on superannuation, discharged from service, etc., is eligible for gratuity as for permanent Government servant. The Fifth Central Pay Commission in Para 133.94 of its report have recommended that the distinction between temporary and permanent Government servant having rendered a qualifying service of less than ten years may be done away with regard to payment of terminal benefits. The above recommendation of the Pay Commission has been considered and it has been decided that a temporary Government servant who retires on superannuation or discharged from service or declared invalid for further service or absorbed in an autonomous body before completing ten years of continuous service, shall be eligible to gratuity on the same scale and rates as are applicable to permanent Civil Government servants under the provisions of Central Civil Services (Pension) Rules, 1972.