Classes of pensions and conditions governing their grant under Central Civil Services Pension Rules 2021

Classes of pensions and conditions governing their grant under Central Civil Services Pension Rules 2021 – Superannuation Pension, Retiring Pension, Pension on absorption etc

CHAPTER V

Classes of pensions and conditions governing their grant

33. Superannuation pension or service gratuity.- A superannuation pension or superannuation service gratuity, as the case may be, shall be  granted in accordance with rule 44 to a Government servant who is retired on his attaining the age of superannuation or, if the service of the Government servant has been extended beyond superannuation, on expiry of such period of extension of service beyond the age of superannuation.

34. Retiring pension or service gratuity.- (1) A retiring pension or retiring service gratuity, as the case may be, shall be granted in  accordance with rule 44, to a Government servant ,-

(a) who retires on his own volition, before attaining the age of superannuation, in accordance with the provisions of rule 43 of these rules, or rule 56 of the Fundamental Rules; or

(b) who, on being declared surplus, opts for voluntary retirement in accordance with the provisions of the Special Voluntary Retirement Scheme for surplus employees notified by the Department of Personnel and Training vide Office Memorandum No. 25013/6/2001-Estt.(A), dated the 28th February, 2002, as amended from time to time; or

(c) who is retired by the Government, before attaining the age of superannuation, in accordance with the provisions of rule 42 of these rules or rule 56 of the Fundamental Rules.

(2) A permanent Government servant, who on being declared surplus to the establishment in which he was serving, opts for Special Voluntary Retirement Scheme notified by the Department of Personnel and Training vide Office Memorandum No. 25013/6/2001-Estt. (A), dated the 28th February, 2002 as amended from time to time, shall be entitled to payment of ex-gratia amount in accordance with that Scheme, in addition to the Retiring pension or service gratuity in accordance with rule 44 and Retirement gratuity under rule 45.

35. Pension on absorption in or under a State Government.- (1) A Government servant, who has been permitted to be absorbed in a service or post in or under a State Government, shall be deemed to have retired from service under the Central Government from the date of such absorption and, subject to sub-rule (6), he shall be eligible, on such absorption, to receive pension or service gratuity, as the case may be, and retirement gratuity on the basis of the qualifying service and emoluments on the date of absorption in accordance with rule 44 and rule 45:

Provided that on retirement from the State Government, the total amount of gratuity in respect of the service rendered under the Government and the service rendered in the State Government shall not exceed the amount that would have been admissible had the Government servant continued in the Central Government service and retired on the same pay which he drew on retirement from the State Government.

(2) The date of absorption shall be

(i) in case a Government employee joins a State Government on immediate absorption basis, the date on which he actually joins that Government. For this purpose, immediate absorption would mean acceptance of a technical resignation of a Government servant from Central Government service to enable him to take up an appointment in the State Government, for which he had applied with proper permission;

(ii) in case a Government employee initially joins a State Government on deputation, the date from which his unqualified resignation is accepted by the Central Government.

(3) In the case of a Government employee who joins a State Government on immediate absorption basis, the relieving order shall be issued in the Format 5 which, shall indicate the period within which the Government servant shall join the State Government:

Provided that this period may be extended by the relieving authority for reasons beyond the control of the Government servant, which shall be recorded in writing.

(4) The period between the date of relief and the date of joining in the State Government may be regularised by grant of leave due and, if no such leave is due, the period may be regularised by grant of extraordinary leave.

(5) The relieving authority, before processing the case for sanction of retirement benefits, will ascertain the date of joining by the Government servant in the State Government and accept the resignation of the Government servant from the date preceding the date of joining.

(6) Where a pension scheme similar to the pension scheme under these rules exists in the State Government in which a Government servant is absorbed, he shall be entitled to exercise option either,-

(a) to receive retirement benefits for the service rendered under the Central Government in accordance with sub-rule (1); or

(b) to count the service rendered under the Central Government in that State Government.

(7) Where a Government servant is absorbed in a State Government and exercises an option under clause (b) of subrule (6), on retirement from the State Government, the payment of pension and gratuity for the entire service, including the service rendered in the Central Government, shall be made by that Government and no liability of proportionate pension shall be borne by the Central Government.

36. Pension on absorption in or under a corporation, company or body.- (1) A Government servant who has been permitted to be absorbed in a service or post in or under a Corporation or Company wholly or substantially owned or controlled by the Central Government or a State Government or in or under a Body controlled or financed by the Central Government or a State Government, shall be deemed to have retired from service from the date of such absorption and, subject to sub- rule (9), he shall be eligible, on such absorption, to receive pension or service gratuity, as the case may be, and retirement gratuity on the basis  of the qualifying service and emoluments on the date of absorption in accordance with rule 44 and rule 45:

Provided that on retirement from such Corporation or Company or Body, the total amount of gratuity in respect of the service rendered under the Government and the service rendered in such Corporation or Company or Body shall not exceed the amount that would have been admissible had the Government servant continued in Government service and retired on the same pay which he drew on retirement from that Corporation or Company or Body.

(2) The date of absorption shall be,

(i) in case, a Government servant joins a corporation or company or body on immediate absorption basis, the date on which he actually joins that corporation or company or body. For this purpose, immediate absorption would mean acceptance of a technical resignation of a Government servant from Government service to enable him to take up an appointment in a Corporation or Company wholly or substantially owned or controlled by the Central Government or a State Government or in or under a Body controlled or financed by the Central Government or a State Government, for which he had applied with proper permission;

(ii) in case, a Government employee initially joins a corporation or company or body on foreign service terms, the date from which his unqualified resignation is accepted by the Government.

(3) The provisions of sub-rule (1) shall also apply to Central Government servants who are permitted to be absorbed in joint sector undertakings, wholly under the joint control of the Central Government and State Governments or Union territory administrations or under the joint control of two or more State Governments or Union territory administrations.

(4) In the case of a Government servant who joins a corporation or company or body on immediate absorption basis, the relieving order shall be issued in the Format 5.

(5) The relieving order shall indicate the period within which the Government servant shall join the Corporation or Company or the Body:

Provided that this period may be extended by the relieving authority for reasons beyond the control of the Government servant, which shall be recorded in writing.

(6) The period between the date of relief and the date of joining in the Corporation or Company or the Body may be regularised by grant of leave due and if no such leave is due, the period may be regularised by grant of extraordinary leave.

(7) The relieving authority, before processing the case for sanction of retirement benefits, will ascertain the date of joining by the Government servant in the Corporation or Company or the Body and accept the resignation of the Government servant from the date preceding the date of joining.

(8) No lien of the Government servant shall be retained in the relieving department and all his connections with the Government shall stand severed on his absorption in the Corporation or Company or the Body.

(9) Where a pension scheme similar to the pension scheme under these rules exists in a body controlled or financed by the Central Government or a State Government in which a Government servant is absorbed, he shall be entitled to exercise option either,-

(a) to receive retirement benefits for the service rendered under the Central Government in accordance with sub-rule (1); or

(b) to count the service rendered under the Central Government in that body for pension.

(10) Where a Government servant is absorbed in a body controlled or financed by the Central Government or a State Government and exercises an option under clause (b) of sub-rule (9), the Government will discharge its pension liability by paying in lump sum as a one time payment.

(11) The pension liability shall comprise the capitalized value of pension or service gratuity and retirement gratuity for the service up to the date of absorption in that body.

(12) Lump sum amount of pension shall be determined with reference to the Table of values for commutation of pension appended to the Central Civil Services (Commutation of Pension) Rules, 1981.

Explanation.- Body means autonomous body or statutory body.

37. Conditions for payment of pension on absorption consequent upon conversion of a Government Department into a Public Sector Undertaking.- (1) On conversion of a department of the Central Government into a public sector undertaking, all Government servants of that Department shall be transferred en-masse to that public sector undertaking, on deemed deputation on terms of foreign service without any deputation allowance till such time as they get absorbed in the said undertaking, and such transferred Government servants shall be absorbed in the public sector undertaking with effect from such date as may be notified by the Government.

(2) The public sector undertaking shall frame its rules and regulations within a time frame not exceeding five years.

After such rules and regulations are framed by the public sector undertaking, all Government servants on deemed deputation shall be asked, within a period not exceeding three months from the date of notification of the rules and regulations by the public sector undertaking, to exercise their option to revert back to the Government or to seek permanent absorption in the public sector undertaking. Such Government servants shall be asked to exercise this option within a period of three months from the date of the communication asking the Government servants to exercise the option.

(3) The option referred to in sub-rule (2) shall be exercised by every transferred Government servant in such manner as may be specified by the Government.

(4) In case, a Government servant, does not exercise any option within the prescribed time limit, shall be deemed to have opted for permanent absorption in the public sector undertaking.

(5) The permanent absorption of the Government servants as employees of the public sector undertaking shall take effect from the date on which their options are accepted by the Government and on and from the date of such acceptance, such employees shall cease to be Government servants and they shall be deemed to have retired from Government service.

(6) Upon absorption of Government servants in the public sector undertaking, the posts which they were holding in the Government before such absorption shall stand abolished.

(7) The employees who opt to revert to Government service shall be repatriated to the Government within two years from the date of exercise of the option and shall be redeployed through the surplus cell of the Government.

(8) The period between the date of option and the date of reversion to the Government shall continue to be on deemed deputation on terms of foreign service without any deputation allowance.

(9) Where an employee retires or dies during the period of such deemed deputation, the pay which he would have drawn under the Central Government had he not been on deemed deputation shall be treated as emoluments for calculating the pensionary benefits to be paid by the Government.

(10) The pensionary benefits in respect of such employee shall be drawn and paid in the manner to be specified by the administrative Ministry of the public sector undertaking.

(11) Subject to the provisions of sub-rule (12) to sub-rule (17), the employees including temporary employees but excluding casual labourers, who opt for permanent absorption in the public sector undertaking shall, on and from the date of absorption, be governed by the rules and regulations or bye-laws of the public sector undertaking.

(12) A Government servant who has been absorbed as an employee of a public sector undertaking shall be entitled to exercise option either,-

(a) to receive pension or service gratuity, as the case may be, and retirement gratuity from the Government for the service rendered under the Central Government in accordance with rule 44 and rule 45; or

(b) to count the service rendered under the Central Government in that public sector undertaking for pension and gratuity.

(13) In the case of a Government servant who has exercised option under clause (a) of sub-rule (12), the pay which he would have drawn under the Central Government had he not been on deemed deputation shall be treated as emoluments for calculating the pensionary benefits to be paid by the Government and the pensionary benefits in respect of such employee shall be drawn and paid in the manner to be specified by the administrative Ministry of the public sector undertaking.

(14) A Government servant who has exercised option under clause (b) of sub-rule (12) and his family shall be eligible for pensionary benefits (including commutation of pension, gratuity, family pension or extra-ordinary pension), on the basis of combined service rendered by the employee in the Government and in the public sector undertaking in accordance with the formula for calculation of such pensionary benefits as may be in force in the Central Government at the time of his retirement from the public sector undertaking or his death.

(15)(a) On retirement from the public sector undertaking or on death of an absorbed employee who has exercised option under clause (b) of sub rule (12), the amount of pension or family pension shall be calculated in the same manner as calculated in the case of a Central Government servant retiring or dying, on the same day.

Explanation.- The emoluments or average emoluments for this purpose shall be based on the pay drawn in the public sector undertaking as per Industrial Dearness Allowance pattern.

(b) The pensionary benefits of such employee shall be drawn and paid in the manner specified in sub-rule (18) to sub-rule (26).

(16) In addition to pension or family pension, as the case may be, the employee who opts for pension on the basis of combined service shall also be eligible to dearness relief as per Industrial Dearness Allowance pattern.

(17) If a Permanent Government servant absorbed in a public sector undertaking or a temporary Government servant, who has been confirmed in the public sector undertaking subsequent to his absorption therein, had exercised option under clause (b) of sub-rule (12), he shall be eligible to seek voluntary retirement after completing ten years of qualifying service with the Government and the public sector undertaking taken together, and such person shall be eligible for pensionary benefits on the basis of these rules.

(18) The Central Government shall create a Pension Fund in the form of a trust and the pensionary benefits of absorbed employees shall be paid out of such Pension Fund.

(19)(a) The Secretary of the administrative Ministry of the public sector undertaking shall be the Chairperson of the Board of Trustees of the Pension Fund.

(b) The Board of Trustees shall include representatives of the Department of Expenditure, Department of Pension and Pensioners’ Welfare, Ministry of Labour and Employment, concerned public sector undertaking, employees of the concerned public sector undertaking and experts in the relevant field to be nominated by the Central Government.

(20) The procedure and the manner in which pensionary benefits to the employees, who have exercised option under clause (b) of sub-rule (12),  are to be sanctioned and disbursed from the Pension Fund shall be determined by the Government on the recommendation of the Board of Trustees.

(21)(a) The Government shall discharge its pensionary liability in respect of employees who have exercised option under clause (b) of sub-rule  (12), by paying in lump sum as a one time payment to the Pension Fund.

(b) The pensionary liability shall comprise the capitalised value of pension or service gratuity and retirement gratuity for the service rendered till the date of absorption of the Government servant in the public sector undertaking.

(c) Lump sum amount of the pension shall be determined with reference to Commutation Table laid down in Central Civil Services (Commutation of Pension) Rules, 1981.

(22) The manner of sharing the financial liability on account of payment of pensionary benefits by the public sector undertaking to the employees who have exercised option under clause (a) of sub-rule (12), shall be determined by the Government.

(23) In respect of the employees who have exercised option under clause (b) of sub-rule (12), the public sector undertaking shall make pensionary contribution to the Pension Fund for the period of service to be rendered  by the concerned employees under that undertaking at the rates as may be determined by the Board of Trustees so that the Pension Fund shall be self-supporting.

(24) If, for any financial or operational reason, the Trust is unable to discharge its liabilities fully from the Pension Fund and the public sector  undertaking is also not in a position to meet the shortfall, the Government, through the administrative Ministry for the public sector undertaking, shall be liable to meet such expenditure and such expenditure shall be debited to either the Fund or to the public sector undertaking.

(25) Payments of pensionary benefits of the pensioners of a Government Department who retired from that Department before the date of its conversion into a Public Sector Undertaking shall continue to be the responsibility of the Government and the mechanism for sharing its liabilities on this account shall be determined by the Government.

(26) Nothing contained in sub-rules (18) to (25) shall apply in the case of conversion of the Departments of Telecom Services and Telecom Operations into Bharat Sanchar Nigam Limited and Mahanagar Telephone Nigam Limited, in which case the pensionary benefits including family pension shall be paid by the Government.

(27) For the payment of pensionary benefits including family pension referred to in sub-rule (26), the Government shall specify the arrangements and the manner including the rate of pensionary contributions to be made by Bharat Sanchar Nigam Limited and Mahanagar Telephone Nigam Limited to the Government and the manner in which financial liabilities on this account shall be met.

(28) The arrangements under sub-rule (27) shall be applicable to the existing pensioners and to the employees who are deemed to have retired from the Government service for absorption in Bharat Sanchar  Nigam Limited and Mahanagar Telephone Nigam Limited and shall not apply to the employees directly recruited by the Bharat Sanchar Nigam  Limited and Mahanagar Telephone Nigam Limited for whom they shall devise their own pension schemes and make arrangements for funding and disbursing the pensionary benefits.

(29) Upon conversion of a Government Department into a public sector undertaking,-

(a) the balance of provident fund standing at the credit of the absorbed employees on the date of their absorption in the public sector undertaking shall, with the consent of such undertaking, be transferred to the new Provident Fund Account of the employees in such undertaking;

(b) earned leave and half pay leave at the credit of the employees on the date of absorption shall stand transferred to such undertaking;

(c) the dismissal or removal from service of the public sector undertaking of any employee after his absorption in such undertaking for any subsequent misconduct shall not amount to forfeiture of the retirement benefits for the service rendered under the Government and in the event of his dismissal or removal or retrenchment the decisions of the undertaking shall be subject to review by the Ministry administratively concerned with the undertaking.

(30) In case the Government disinvests its equity in any public sector undertaking to the extent of fifty-one per cent or more, it shall specify adequate safeguards for protecting the interest of the absorbed employees of such public sector undertaking.

(31) The safeguards specified under sub-rule (30) shall include option for voluntary retirement or continued service in the undertaking or retirement benefits on terms applicable to Government employees or employees of the public sector undertaking as per option of the employees and assured payment of earned pensionary benefits with relaxation in period of qualifying service, as may be decided by the Government.

38. Conditions for payment of pension on absorption consequent upon conversion of a Government Department into a Central Autonomous Body.- (1) On conversion of a department of the Central Government into an autonomous body, all Government servants of that Department shall be transferred en-masse to that autonomous body on deemed deputation on terms of foreign service without any deputation allowance till such time as they get absorbed in the said body and such transferred Government servants shall be absorbed in the autonomous body with effect from such date as may be notified by the Government.

(2) The autonomous body shall frame its rules and regulations within a time frame not exceeding five years. After such rules and regulations are framed by the autonomous body, all employees on deemed deputation shall be asked, within a period not exceeding three months from the date of notification of the rules and regulations by the autonomous body, to exercise their option to revert back to the Government or to seek permanent absorption in the autonomous body. Such employees shall be asked to exercise this option within a period of three months from the date of the communication asking the employees to exercise the option.

(3) The option referred to in sub-rule (2) shall be exercised by every transferred Government servant in such manner as may be specified by the Government and an employee, who does not exercise any option within the prescribed time limit, shall be deemed to have opted for permanent absorption in the autonomous body.

(4) The permanent absorption of the Government servants as employees of the autonomous body shall take effect from the date on which their options are accepted by the Government and on and from the date of such acceptance, such employees shall cease to be Government servants and they shall be deemed to have retired from Government service.

(5) In case of absorption of Government servants in the autonomous body, the posts which they were holding in the Government before such absorption shall stand abolished.

(6) The employees who opt to revert to Government service shall be repatriated to the Government within two years from the date of exercise of the option and shall be redeployed through the surplus cell of the Government.

(7) The period between the date of option and the date of reversion to the Government shall continue to be on deemed deputation on terms of foreign service without any deputation allowance.

(8) Where an employee retires or dies during the period of such deemed deputation, the pay which he would have drawn under the Central Government had he not been on deemed deputation shall be treated as emoluments for calculating the pensionary benefits to be paid by the Government.

(9) The pensionary benefits in respect of such employee shall be drawn and paid in the manner to be specified by the administrative Ministry of the autonomous body.

(10) Subject to the provisions of sub-rule (11) to sub-rule (15), the employees including temporary employees but excluding casual labourers, who opt for permanent absorption in the autonomous body shall, on and from the date of absorption, be governed by the rules and regulations or bye-laws of the autonomous body.

(11) A Government servant who has been absorbed as an employee of the autonomous body shall be entitled to exercise option either,-

(a) to receive pension or service gratuity and retirement gratuity, as the case may be, for the service rendered under the Central Government in  accordance with rule 44 and rule 45 of these rules; or

(b) to count the service rendered under the Central Government in that body for pension and gratuity.

(12) In the case of a Government servant who has exercised option under clause (a) of sub-rule (11), the pay which he would have drawn under the Central Government had he not been on deemed deputation shall be treated as emoluments for calculating the pensionary benefits to be paid by the Government.

(13) The pensionary benefits in respect of such employee shall be drawn and paid in the manner to be specified by the administrative Ministry of the autonomous body.

(14) A Government servant who has exercised option under clause (b) of sub-rule (11) and his family shall be eligible for pensionary benefits (including commutation of pension, gratuity, family pension or extra -ordinary pension), on the basis of combined service rendered by the employee in the Government and in the autonomous body in accordance with the formula for calculation of such pensionary benefits as may be in  force at the time of his retirement from the autonomous body or his death.

Explanation.- The amount of pension or family pension in respect of the absorbed employee on retirement from the autonomous body or on death shall be calculated in the same manner as calculated in the case of a Central Government servant retiring or dying, on the same day. The pensionary benefits in respect of such employee shall be drawn and paid in the manner specified in sub-rule (16) to sub-rule (27).

(15) In addition to pension or family pension, as the case may be, the  absorbed employees who opt for pension on the basis of combined service shall also be eligible to dearness relief as per central dearness allowance pattern.

(16) The Central Government shall create a Pension Fund in the form of a trust and the pensionary benefits of absorbed employees shall be paid out of such Pension Fund.

(17) The Secretary of the administrative Ministry of the autonomous body shall be the Chairperson of the Board of Trustees which shall include representatives of the Department of Expenditure, Department of Pension and Pensioners’ Welfare, Ministry of Labour and Employment, concerned autonomous body, employees of the concerned autonomous body and experts in the relevant field to be nominated by the Central Government.

(18) The procedure and the manner in which pensionary benefits to the employees, who have exercised option under clause (b) of sub-rule (11), are to be sanctioned and disbursed from the Pension Fund shall be determined by the Government on the recommendation of the Board of Trustees.

(19) The Government shall discharge its pensionary liability in respect of employees, who have exercised option under clause (b) of sub-rule (11), by paying in lump sum as a one time payment to the Pension Fund.

(20) The pensionary liability shall comprise the capitalised value of pension or service gratuity and retirement gratuity for the service  rendered till the date of absorption of the Government servant in the autonomous body.

(21) Lump sum amount of the pension shall be determined with reference to Commutation Table laid down in Central Civil Services (Commutation of Pension) Rules, 1981

(22) The manner of sharing the financial liability on account of payment of pensionary benefits to the employees, who have exercised option under clause (a) of sub-rule (11), by the autonomous body shall be determined by the Government.

(23) In respect of the employees who have exercised option under clause (b) of sub-rule (11), the autonomous body shall make pensionary contribution to the Pension Fund for the period of service to be rendered by the concerned employees under that body at the rates as may be determined by the Board of Trustees so that the Pension Fund shalle self-supporting.

(24) If, for any financial or operational reason, the Trust is unable to discharge its liabilities fully from the Pension Fund and the autonomous body is also not in a position to meet the shortfall, the Government, through the administrative Ministry for the autonomous body, shall be liable to meet such expenditure and such expenditure shall be debited to either the Fund or to the autonomous body, as the case may be.

(25) Payments of pensionary benefits of the pensioners of a Government Department who retired from that Department before the date of its conversion into an autonomous body shall continue to be the responsibility of the Government and the mechanism for sharing its liabilities on this account shall be determined by the Government.

(26) In case of conversion of a Government Department into an  autonomous body,-

(a) the balance of provident fund standing at the credit of the absorbed  employees on the date of their absorption in the autonomous body shall, with the consent of such body, be transferred to the new Provident Fund Account of the employees in such body;

(b) earned leave and half pay leave at the credit of the employees on the date of absorption shall stand transferred to such body;

(c) the dismissal or removal from service of the autonomous body of any employee after his absorption in such body for any subsequent misconduct shall not amount to forfeiture of the retirement benefits for the service rendered under the Government and in the event of his dismissal or removal or retrenchment the decisions of the body shall be subject to review by the Ministry administratively concerned with the body.

(27) In case the Government disinvests its equity in any autonomous body to the extent of fifty-one per cent or more, it shall specify adequate safeguards for protecting the interest of the absorbed employees of such autonomous body.

(28) The safeguards specified under sub-rule (27) shall include option for voluntary retirement or continued service in the body, as the case may be, or voluntary retirement benefits on terms applicable to Government employees or employees of the autonomous body as per option of the employees, assured payment of earned pensionary benefits with relaxation in period of qualifying service, as may be decided by the Government.

(29) Nothing contained in this rule shall be applicable to the officers or employees including members of Indian Information Service, Central Secretariat Service or any other service or to the persons borne on cadres outside Akashvani and Doordarshan, serving in the Akashvani and Doordarshan and engaged in the performance of functions transferred to Prasar Bharati established under Prasar Bharati (Broadcasting Corporation of India) Act, 1990.

39. Invalid pension.- (1) The case of a Government servant acquiring a disability, where the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) are applicable, shall be governed by the provisions of the said section:

Provided that such employee shall produce a disability certificate from the competent authority as prescribed under the Rights of Persons with Disabilities Rules, 2017.

(2) If a Government servant, in a case where the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) are not applicable, intends to retire from the service on account of any bodily or mental infirmity which permanently incapacitates him for the service, he may apply to the Head of Department for retirement on Invalid Pension:

Provided that an application for invalid pension submitted by the spouse of the Government servant failing which by a member of the family of the Government servant may also be accepted, if the Head of Department is satisfied that the Government servant himself is not in a position to submit such application on account of the bodily or mental infirmity:

Provided further that where a Government servant, who has acquired a disability and in whose case the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) are applicable, intends to retire under this rule, the Government servant shall be advised that he  has the option of continuing in service with the same pay scale and service benefits which he is otherwise entitled to and in case the Government servant does not withdraw his request for retirement under this rule, his request may be processed in accordance with the provisions of this rule.

(3) On receipt of an application under sub-rule (2), the Head of Office or Head of Department shall, within fifteen days of the receipt of such application, request the concerned authority for examination of the Government servant, not later than thirty days from the date of receipt of such request by the following medical authority, namely:-

(a) a Medical Board in the case of a Gazetted Government servant and of a non-Gazetted Government servant whose pay, as defined in rule 9 (21) of the Fundamental Rules, 1922 exceeds fifty- four thousand rupees per month; and

(b) Civil Surgeon or a District Medical Officer or Medical Officer of equivalent status in other cases.

(4) The medical authority shall also be supplied by the Head of the Office or Head of Department in which the applicant is employed with a statement of what appears from official records to be the age of the applicant, and if a service book is being maintained for the applicant, the age recorded therein should be reported and a copy of the letter requesting for examination by the medical authority shall be endorsed to the Government servant.

(5) The Government servant shall appear before the concerned medical authority for medical examination on the date fixed by that authority and the medical authority shall examine the Government servant to ascertain whether or not the Government servant is fit for further service or whether he is fit for further service of less laborious character than that which he had been doing.

(6) No medical certificate of incapacity for service may be granted unless the medical authority has received a request from the Head of his Office or Head of Department for medical examination of the Government servant.

(7) A lady doctor shall be included as a member of the Medical Board when a woman candidate is to be examined.

(8) Where the medical authority referred to in sub-rule (3) has found a Government servant mentioned in sub-rule

(2) not fit for further service or has found him fit for further service of less laborious character than that which he had been doing, it shall issue a Medical Certificate in Format 6 and if the Government servant is found to be unfit for further service, he may be granted invalid pension in accordance with rule 44 not later than forty five days from the date of the receipt of medical certificate in Format 6.

(9) A Government servant, who retires from service even before completing qualifying service of ten years, shall also be granted invalid pension and, in his case, the amount of pension shall also be calculated at fifty percent of emoluments or average emoluments, whichever is more beneficial to him in accordance with rule 44:

Provided that in such cases the Government servant-

(a) has been examined by the appropriate medical authority either before his appointment or after his appointment to the Government service and declared fit by such medical authority for Government service; and

(b) fulfils all other conditions mentioned in this rule for grant of invalid pension.

(10) In case, the Government servant has been found to be fit for further service of less laborious character than that which he had been doing, he shall, if, he is willing to be so employed, be employed on lower post and if there be no means of employing him even on a lower post, he may be admitted to invalid pension.

40. Compulsory retirement pension .- (1) A Government servant compulsorily retired from service as a penalty may be granted, by the authority competent to impose such penalty, pension or retirement gratuity or both at a rate not less than two-thirds and not more than full superannuation pension or gratuity or both admissible to him on the date of his compulsory retirement.

(2) Whenever in the case of a Government servant the President passes an order (whether original, appellate or in exercise of power of review) awarding a pension less than the full superannuation pension admissible under these rules, the Union Public Service Commission shall be consulted before such order is passed.

Explanation.- For the purpose of this sub-rule, the expression “pension” includes retirement gratuity.

(3) The order regarding the quantum of pension and gratuity to be granted under sub-rule (1) may be issued simultaneous with the order of imposition of penalty of compulsory retirement. Where such an order regarding the quantum of pension and gratuity to be granted under sub rule (1) is not issued simultaneous with the order of imposition of penalty of compulsory retirement, a provisional pension and a provisional gratuity at a rate of two-thirds of full superannuation pension and gratuity shall be sanctioned to the Government servant immediately.

(4) Where a provisional pension and a provisional gratuity is sanctioned to the Government servant under sub-rule (3), order for grant of final pension and gratuity under sub-rule (1) shall be issued in consultation with Union Public Service Commission, where necessary, not later than three months after the date of issue of the order imposing the penalty of compulsory retirement and the provisional pension shall continue to be paid till the payment of final pension and gratuity in accordance with the order issued under sub-rule (1).

(5) A pension or provisional pension granted or awarded under sub-rule  (1) or, as the case may be, under sub-rule (2), shall not be less than the  amount of minimum pension mentioned in rule 44.

41. Compassionate allowance.- (1) A Government servant who is dismissed or removed from service shall forfeit his pension and gratuity:

Provided that the authority competent to dismiss or remove him from service may, if the case is deserving of special consideration, sanction a compassionate allowance not exceeding two – thirds of pension or gratuity or both which would have been admissible to him if he had retired on superannuation pension.

(2) The competent authority shall, either on its own or after taking into consideration the representation of the Government servant, if any, examine whether any compassionate allowance is to be granted and take a decision in this regard in accordance with the proviso to sub-rule (1) not later than three months after the date of issue of the order imposing the penalty of dismissal or removal from service.

(3) The competent authority shall consider,-

(a) each case of dismissal and removal from service on its merit to decide whether the case deserves of special consideration for sanction of a compassionate allowance and, if so, the quantum thereof.

(b) the actual misconduct which occasioned the penalty of dismissal or removal from service and the kind of service rendered by the Government servant.

(c) in exceptional circumstances, factors like family members dependent  on the Government servant along with other relevant factors.

(4) Where an order imposing the penalty of dismissal or removal from service was issued before the date of commencement of these rules and the competent authority, at that time, did not examine or decide whether or not any compassionate allowance was to be granted in that case, that  authority shall take a decision in this regard not later than six months from the date of commencement of these rules.

(5) No compassionate allowance shall be sanctioned after the expiry of the aforesaid period of six months, to a Government servant on whom a penalty of dismissal or removal from service was imposed before the date of commencement of these rules.

(6) A compassionate allowance sanctioned under the proviso to sub-rule (1) shall not be less than the amount of minimum pension under rule 44.

Click here to view/download the pdf

[catlist tags=”pension-rules-2021″]