❓Q1: Can a government employee covered under the Unified Pension Scheme (UPS) participate in a union strike?
✔️Answer:
There is no explicit restriction under UPS that prohibits employees from being members of service associations or participating in union activities. However, if the employee proceeds on unauthorised absence due to a strike not condoned by the competent authority, it can have service-related consequences.
❓Q2: What happens if the strike is not approved or condoned by the Government?
✔️Answer:
If the strike is not condoned:
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The period of absence is treated as unauthorised.
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It may be marked as dies non, i.e., no work, no pay.
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The period will be treated as non-qualifying for pension, unless later regularised or condoned.
This is in accordance with FR 17 and FR 17-A.
❓Q3: How does unauthorised absence affect pension under the UPS?
✔️Answer:
Under the Unified Pension Scheme:
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An employee must complete 25 years of continuous qualifying service to receive full pension.
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Any unauthorised absence not condoned by the competent authority will not be counted as qualifying service.
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Even short gaps may affect eligibility if they reduce total qualifying years below the threshold.
❓Q4: Is there any precedent for loss of pension eligibility due to strike participation?
✔️Answer:
Yes. In actual cases, long-serving officials have lost a number of days from their qualifying service due to uncondoned strike participation. For example, an employee with over 40 years of service reported a loss of 25 days, which were treated as non-qualifying due to strike-related absence.
❓Q5: What does “No Work, No Pay” under FR 17 mean?
✔️Answer:
“No Work, No Pay” means:
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No salary or allowances are paid for the period of absence.
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The time does not count for pension, increment, or leave.
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It is not a major punishment, but a recognized administrative consequence of unauthorised absence or strike action.
❓Q6: Does participation in strikes affect welfare schemes?
✔️Answer:
Yes. Most employee welfare schemes, including pension, leave encashment, and promotion-related benefits, are linked to qualifying service. Unauthorised or non-qualifying service affects eligibility or the scale of benefits.
❓Q7: Is there any protection from punitive action if the strike is legitimate?
✔️Answer:
In many recognised departmental strikes, the initial understanding during negotiations includes a clause of “no victimisation”, agreed before resolution. However, unless formally agreed upon and documented, the competent authority retains discretion to take action as per conduct rules.