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Pension Rules and Qualifying Service Guidelines

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Pension Rules and Qualifying Service Guidelines

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acctts.fin
Copyright
© All Rights Reserved
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Chapter 14: General Rules of

Pension
Extent of application: These rules apply to all GS except:
(i) GS whose services are lent to state by Union Govt or other states. Their pension
claims are governed by respective governments.
(ii) Revenue Patwaris who retire before 15th Baisakh 1987. They will get rewards under
special rules given in schedule V.
(iii) The GS appointed on or after 01-01-2010. They will be governed by ‘New Pension
Scheme”’ as per Art 249M(A&B)
Implied condition for Grant of Pension: Good conduct is an implied condition for grant of
pension. The Govt reserves the right to withhold or withdraw a pension, if the pensioner is
convicted of serious crime or grave misconduct.
Recovery from Pension: Govt has the right to order recovery from pension of a GS if the
Judicial or departmental proceedings found that losses caused to Govt have occurred due to
the fraud or negligence of the GS. Conditions for departmental proceedings (if not started
while GS was on duty): (3 & 4 condition applies to judicial proceedings also)
 Must have Government sanction.

 Must follow procedure and authority as directed by Government.


 Must start before retirement or within 1 year after last duty date (whichever is later).
 Must relate to events not older than 1 year from the last duty date.
Clearance of Govt dues before retirement: Every GS must clear all government dues
before retirement, otherwise the dues are ascertained and recovered as cash deposits or
recovered from gratuity. The ‘ascertainable dues’ include:
House building advance (except under some housing schemes)
Conveyance advances (Car, Scooter, Cycle, etc.)
Short-term advances (Festival, Pay, T.A.)
Overpaid pay/allowances/leave salary
Recovery for loss due to negligence or fraud
Rent and charges for Govt accommodation
Arrears of income tax
(a) GS using Govt accommodation:
- Head of Office will write to Director Estates/Chief Engineer R&B atleast 02 years
before the anticipated date of retirement of GS to issue NDC to GS.
- Reply expected 08 months before retirement. If no reply → assume no dues.
- If no dues are to be cleared, DDO will make sure that the rent for these 08 months is
deducted from GS monthly.
- If dues are to be cleared, then HoO (DDO) will recover them from DCRG.
- A GS can stay in Govt accommodation up to a period of one month after retirement.
(b) Dues Other Than Accommodation
Start verifying all such dues 2 years before retirement.
Final check and documentation should be done by 8 months before retirement.
Record in pension papers all dues to be deducted from gratuity.
Late discoveries of dues must be reported immediately.
If dues are unassessed, withhold Rs. 1,000 or 10% of gratuity (whichever is less).
Release withheld amount automatically after 6 months if no demand arises.
Recovery from Pension (not arising from departmental/judicial proceedings):
(i) A question of recovery may arise when:
(a) Pension is being calculated but not sanctioned yet.
(b) Pension is sanctioned.
(ii) Recovery can be due to:
(a) Losses caused by negligence or fraud of GS
(b) Government dues like overpaid salary, allowances, leave salary etc.
(c) Non-Govt dues
(iii) Before sanction, recovery cannot be made by reducing pension unless:
(a) Service of GS is unsatisfactory
(b) Or, GS agrees to make recoveries.
(iv) After sanction of pension, the deduction can’t be made unless:
(a) Pensioner agrees for deduction
(b) If pensioner refuses, recovery must be pursued through legal process e.g., court.
All dues should be recovered from a GS within two years of retirement. If any case comes in
light after two years, the same can’t be recovered from pensioner. The dues must be waived
off or recovery from GS who failed to assess/recover in time . [2 years reduced to 6 months, 1-5-
1971)
Sanction of Provisional Pension: If any departmental or judicial proceedings are going on
against a GS who has attained superannuation, he should be given provisional pension (until
proceedings conclude) not exceeding maximum pension which he would have drawn
normally. No gratuity or DCRG shall be paid unless final order is issued.
- Provisional pension will be adjusted against the final retirement benefits once the
proceedings are concluded. But no recovery will be made if final pension is less than
provisional pension or pension is withheld/reduced.
- Provisional pension (till final orders) is mandatory, even in major penalty cases. It shall
be 100% of normal pension, while DCRG remains withheld.
- If a GS who is in receipt of Provisional Pension, dies before conclusion of case, he shall
be deemed exonerated. The period of suspension, if any, shall be treated as duty. His
DCRG, leave salary, pension etc shall be paid in full, in same manner as in normal
course.
Cases inadmissible for pension: (Art 169)
No claim for pension is admissible:
(i) Person appointed only for a limited time or for a specific duty (discharged thereafter).
(ii) Temporary employees on monthly wages with no fixed term/duty.
(iii) When a person’s whole time is not retained for government and is merely paid for
government work. E.g., Public Prosecutor.
Misconduct or Inefficiency:
When a GS is removed due to misconduct, insolvency or inefficiency, he may not be granted
pension. A compassionate allowance not exceeding 2/3rd of medical pension (Invalid
Pension) shall be granted in special cases.
Relief to families of deceased GS:
Compassionate Appointment Leave Encashment
Death Gratuity Insurance Benefits (If any)
Pension Benefits Provident Fund
Chapter 15: Conditions of
Qualifying Service
Boy Service: Service before reaching age of 18 years. It is not counted as QS.
Qualifying Service (QS): Service which qualifies for pension.
 The Conditions of QS (Qualifying service) refer to criteria the employee must fulfil to be
eligible for various service-related benefits such as pension, promotion, etc.
 QS of an employee commences from the date he takes charge of a post to which he is
first appointed in a permanent capacity.
 Temporary service followed by confirmation without interruption will also qualify.
 Employees appointed up to 31-12-2009 → OPS, after 01-01-2010 → NPS.
Pension: A monthly recurring payment made by the employer to an employee after
retirement from services. It is calculated on the basis of salary & years of service.
Conditions of Qualification of Service:
An officer’s service qualifies for pension only if these three conditions are met:
① Service must be under the State.
② Employment must be substantive and Permanent.
③ The service must be paid by the Govt
First Condition: Service under Govt
Service of an officer doesn't qualify unless he is appointed by the Government and his
duties & pay are regulated by Govt or conditions set by Govt.
Second Condition: Holding Substantive office on permanent establishment:
 GS must hold a substantive post on a permanent establishment for the service to qualify.
 If temporary or quasi-permanent service is followed without interruption by
confirmation in the same or another post, such service counts in full as QS, except:
(i) Period of service paid on work charge establishment
(ii) Period of service paid from contingencies
 If not confirmed but rendered 5+ years of quasi-permanent service, the entire temporary
+ quasi-permanent service counts.
 A temporary GS with ≥20 years of service to the Govt who retires, dies, or medically
incapacitated, is treated as having held a permanent pensionable post.
Conditions of QS for Pension Entitlement:
 A GS must complete minimum 10 years to be eligible for pension. Full pension benefits
require 20 years of QS.
 Only continuous and regular service counts towards QS. A work charged employee /
whole time contingent paid worker including daily rated worker (excluding
casual/seasonal workers) brought on regular establishment and retire without having
been declared substantive or quasi permanent shall be allowed to count 50% of earlier
non-regular service as QS. If the total of two spells is ≥ 20 years, they are eligible for
pension.
 Certain types of leaves (EL, HPL, etc) count as QS. However, EOL without pay may not be
included unless allowed under Medical Conditions or on Higher Studies
 Time spent under suspension is usually not counted in QS unless the suspension is later
found unjustified.
 Service of unauthorized absence, dismissal, removal, leaves without pay may not be
counted unless mentioned. (Dies-Non)
Special Cases:
Service rendered in temporary office: A GS transferred from a temporary to a permanent
appointment can count his service in temporary office as QS only if the temporary office
eventually becomes permanent establishment.
Service rendered on officiating post: If a GS does not hold a substantive position but is
officiating in a vacant position or in a position where the permanent incumbent is not
receiving pay or counting their service, his officiating service can count as QS if he is
subsequently confirmed in that position without any break in service.
Apprentices: Apprentice service doesn’t qualify, except, if an apprentice was made to
undergo training before regular appointment in non-gazetted posts provided the training is
completed successfully and GS is put on regular service without break.
Probationer: The service of a probationer, who holds a substantive office and draws
substantive pay, qualifies.
Service rendered on training: Training period qualifies if the exam is passed.
Officer on Deputation: An officer from permanent establishment detained on temporary
duty with the understanding of return once the duty is over, will count as QS for pension.
Officer lent to other employers: A government servant can be temporarily deputed to another
employer (e.g., Central Govt, State Govt, Local Body) with proper sanction, if:
(a) He has completed 5 years of service (relaxable in special cases).
(b) Pension and leave salary contributions are paid by the new employer at fixed rates.
 If the above two conditions are not met, the time spent with foreign employers will not
count as QS. The period may be considered interruption of service.
 Such deputation is called foreign service, and contribution rates are 11% of pay drawn in FS for
leave salary and Pension contribution based on total service length.
 When the exchange includes two state governments (Parent & Borrowing), the borrowing
govt shall pay leave Salary / pension contribution within 15 days from end of financial
year or end of deputation term. It should be credited to Head "066 Contribution and
Recovery towards Pension and other retirement benefits”
Contribution after 1-4-1987 between Central and State Govt’s (Revised Rules):
(a) Leave Salary will be borne in full by Govt Dept from which a GS proceeds on leave.
(b) Pension will be borne in full by the Parent Department.
(c) Contributory Provident Fund will be completely borne by parent department.
 No Leave salary / Pension Contribution shall be payable by the State-owned PSUs,
Autonomous Bodies, Corporations, in respect of State Deputations and vice versa.
General rules for Foreign Service
(1) Officers on foreign service remain subject to the general disciplinary rules of the
government (parent).

(2) Reversion from foreign service takes effect on the date he rejoins, unless he takes leave;
in that case, date is decided by Administrative Dept in consultation with Finance Dept.
(3) Pension and leave contributions start from the date the GS relinquishes charge of
parent post and stop upon reversion.
(4) No contributions are payable during leave taken in foreign service.
(5) Leave salary is initially paid by the foreign employer, but reimbursed by the parent
department. Foreign employer also maintains the leave account.
(6) A GS on foreign service draws salary from foreign employer.
(7) The foreign employer bears the cost of Travelling Allowances when the GS proceeds to
or returns from foreign service.
Permanent Absorption under Foreign Service:
1. Absorption in Govt or Quasi-Govt Autonomous Body:
If a Government Servant is permanently absorbed in a Govt or quasi-Govt autonomous
body in public interest, the Government may, at its discretion, in lieu of his QS under govt,
credit an amount equal to the Govt’s contribution to CPF (had the officer been on CPF
terms under govt) plus 2% simple interest thereon for the period of his pensionable service
under govt, to his CPF account in the new body. This settles the Government’s pension
liability for his past service.
2. Absorption between State and Central Govt (Reciprocal Agreement):
 The State Govt has entered into a reciprocal agreement with GoI.
 If a State Govt Employee is permanently absorbed in a central Govt's PSU/Autonomous
Body, the State Govt will bear the pensionary liability same as in Clause (I) above.
 Similarly, if a Central Govt employee is permanently absorbed in a PSU/Autonomous
Body under the State Govt, the GOI will bear the pensionary lability.
If a Central GS joins State Govt service through proper channel with new recruitment or
resignation with permission, his service in center will count, provided total service (state
+ center) doesn’t exceed the maximum limit and Ad hoc, contract, or probation service is
not counted.
3. Permanent Absorption in bodies with and without Pension Scheme:
 If the new body has a pension scheme, the past Govt service can count towards pension.
 If GS is absorbed in a non-pensionable autonomous body, he gets a one-time option
(within 6 months) to choose:
 Receiving a monthly pension & gratuity.
 Receiving gratuity and a lump sum in lieu of pension (based on commutation
table). (default, if no option is exercised within 6 months)
 Prorata benefits become payable from the date the GS could have voluntarily retired (i.e. 45
years of age or 20 years of service) or date of absorption, whichever is later.
 From that date, pay in the new organization may be fixed as for re-employed pensioner,
by reducing pay suitably.
 The absorbed officer gets normal benefits of the new organization.
 If a GS joins a pensionable autonomous body, past Govt service will count for pension
only after he acquires pensionable status under the AB. Same applies in reverse: past
service in a pensionable autonomous body counts if the GS is later permanently
absorbed into Govt service.
4. When a Govt Dept is Converted into a PSU/AB:
GS gets option to: [Also applies to Quasi permanent/temp GS confirmed in PSU/AB]
(a) Retain Govt pension rules, or
(b) Be governed by rules of the new body.
 If opting Govt rules, pension is paid as per State rules at retirement time.
 If opting new body's rules:
 For ≥10 years govt service → gets pro-rata pension.
 For <10 years govt service, or temporary/quasi-permanent service → gets CPF
contribution + 6% interest.
 Pension starts from date of eligibility for voluntary retirement or transfer, whichever is
later.
 If new body adopts Govt pension rules, full Govt service counts.
Pro-rata pension: Pension based on part of service rendered in Govt.
CPF + 6%: For those, ineligible for pension, Govt pays its share of CPF plus interest.
5. Permanent Absorption under central Govt:
 State Govt and Central Govt have a reciprocal agreement.
 If a state GS is absorbed in the Central Govt (with prior State Govt concurrence), the
pensionary liability is shared between the State and Centre based on the length of qualifying
service under each. The same applies vice versa. Not applicable to those who join the center
on their own.

Third Condition: Source of Remuneration: (188)


Only service paid from General Revenues of the Govt qualifies for pension. Exceptions:
 Service in Municipalities (if post is also transferred). Pension cost will be shared
proportionately between Govt and the Municipality.
 Sanitation Fund employees working in govt offices are pensionable if contributions
are recovered from the Cess Fund.
Chapter 16 Rules for Reckoning
Service
Periods of leave: (194)
 Generally, only privilege leave counts towards service.
 From 01-01-1962 onwards all leave with allowances counts as service.
 EOL (without allowances) may be allowed to count at discretion of appointing authority
if:
1. Taken on Medical Certificate
2. Taken due to civil commotion/natural calamity, with no other leave available.

⇒ Study leave without allowances is allowed to count, if sanctioned by competent authority.


3. Taken for higher scientific/technical Studies.

EOL-Extra Ordinary leave

with Med. Certificate without Med. Certificate

Qualify ✓ Higher Studies Personal Reasons


Qualify ✓ Does not qualify 
Suspension: (197-199)
 Time passed under suspension, counts if the government servant is honourably acquitted
and reinstated without forfeiture of any part of allowances.
 If reinstated with forfeiture of any part of allowances, the period does not count, unless
the authority expressly declares otherwise.
 Time passed under suspension does not count if it is adjudged as penalty.
If not held wholly unjustified, the competent authority must declare whether and to what
extent it will count for qualifying service. If no specific entry is made in the service
book, the suspension period counts.
Resignation and Dismissal: (200-202)
 Resignation/removal for misconduct, insolvency, inefficiency (not due to age) or failure
to pass a prescribed examination, leads to forfeiture of past service.
 No forfeiture if resigning to join another qualifying post with consent of previous
department.
 GS who is dismissed/removed, but later reinstated on appeal/revision, his past service
counts.
The period between removal and reinstatement, and any suspension during that time,
does not count unless regularised as duty or leave by specific order of the reinstating
authority.
Interruptions:
Interruption in service of an officer causes forfeiture of his past service, except:
(a) Authorized leave of absence.
(b) Unauthorised absence after authorised leave, if post not filled
(c) Suspension, immediately followed by reinstatement.
(d) Abolition of office or loss of appointment due to reduction in establishment.
(e) Transfer to non-qualifying post by competent authority for public benefit
(f) Time occupied in transit from one appointment to other.
Condonation of interruption:
 Interruptions or breaks in service may be condoned by Govt, but breaks exceeding 12
months are generally not condoned unless very special reasons exist.
 In the absence of any specific entry in the service book, the pre-interruption service
counts automatically (unless the break was due to resignation, dismissal, removal,
participation in strike).
 The period of interruption itself shall not count under any circumstances.
Addition to QS when a GS is declared surplus:
 A GS who is declared surplus to an establishment is transferred to Central Pool of
Surplus Personal, under the control of General Department (Services).
 If he opts to voluntarily retirement within two months of transfer and is permitted to
retire, he is entitled to:
(i) 5 years added to qualifying service, if actual continuous service ≥ 15 years.
(ii) Total qualifying service (after addition) must not exceed what he would have earned
on superannuation.
(iii) Retirement benefits will be calculated on the emoluments before retirement and
include the 5 additional years.

Service qualifying and not qualifying for pension:


Qualifying Service Non-qualifying service
(1) Period spent on duty. (1) Boy service (service below 18 years)
(2) Leave with pay (2) Eol without medical certificate for
(3) Eol on medical grounds or for private reasons.
higher studies. (3) Suspension period, if treated as
(4) Suspension period, if treated as penalty and written as it should affect
duty, leave or penalty but written pension.
that it should not affect pension. (4) Apprenticeship when there is a
(5) Apprenticeship when there is no service break.
break in apprentice period and (5) Training not completed successfully.
posting. (exam not qualified)
(6) Training completed successfully. (6) Overstayal of joining.
(exam qualified)
Chapter 17: Conditions of Grant
of Pension
Types of Pension:
1) Post abolition & Compensation Pension: (207-212)
If a permanent post of an officer is abolished and an officer is discharged without a
suitable alternative, he can choose:
(a) Compensation pension/gratuity, or
(b) Another appointment (if offered) and count previous service for pension.
When reducing staff, preference must be given to discharging those whose removal
incurs the least compensation liability.
2) Permanent Incapacity & Invalid Pension: (215-224)
Granted to an officer permanently incapacitated due to physical or mental infirmity,
either for all Government service, or for the specific branch he belongs to.
If an officer is unfit for a particular branch only, efforts must be made to find alternate
suitable employment. [Else he is granted Invalid Pension]
Medical Certificate Rules:
 A medical certificate is needed only if retiring before superannuation age.
 For invalid pension, Medical Certificate must be from Superintendent of a State Civil
Hospital or Deputy Director Health Services Kashmir/Jammu (HSK/HSJ)
 If Pension ≤ ₹50, Medical Certificate mentioned above is sufficient.
 If Pension > ₹50, the above medical certificate is not sufficient. The GS in this case
need to appear before DHSK/J to get examined. The medical certificate granted by
superintendent or Deputy Director HSK/J in this case must be countersigned by
DHSK/J.
 Once a MC is submitted, the officer must not be retained in active service.
Restrictions:
 An officer discharged on any other grounds other than medical grounds has no claim of
Invalid Pension even if he produces medical evidence of incapacity for further services.
E.g., A GS discharged on antinational activities cannot be given invalid pension even if
he produces medical certificate.
 Incapacity due to irregular or intemperate habits e.g., substance abuse (alchohal, drugs),
gambling etc.: no pension shall be granted.
3) Compulsory retirement & Superannuation Pension: (225)
 Superannuation pension is granted to a GS who is entitled to / compelled by the rule to
retire at a particular age. [Natural retirement / Superannuation / Compulsory retirement]
 An official retiring on a holiday should retire on the same date even if it is a holiday.
However, charges of cash, store, etc should be handed over on last working day.

 If a GS is born on 01 date of a month, he retires on last date of


 Death on date of retirement shall be treated as death while in service.

previous month. E.g., DoB = 01-04-1970 ⇒ DoR = 31/03/2030.


 If a GS is born on any date other than 01 of a month, he retires on last
date of that month. E.g., DoB = 02/04/1970 ⇒ DoR = 30/04/1970.
 Retirement Age: (226): Employees who retired Before 01-01-1987 → 55 years
till 30-05-2014 → 58 years After 01-06-2014 → 60 years.
 Remember: Employees born till 01-06-1956 will retire at age of 58 years, while
employees born after 01-06-1956 will retire at 60.
4) Pre-mature Retirement & Special Pension (226 (2)):
Govt, in public interest, may require any GS (except those on posts listed in schedule II –
inferior service) to retire at any time after he has completed 22 years of QS or attained 48
years of age, whichever is earlier. Provided that he is served an advance notice of 3
months before the date on which he is required to retire or 3 months of Pay and
Allowances in lieu of such notice.
 Given normal Pensionary benefits from the date of retirement.
 A GS who is retired immediately after allowing him Pay & Allowances in lieu of notice,
will be entitled to pension from the date of such retirement and the pension shall not be
deferred till after the expiry of 3 months for which he is paid Pay & Allowances.
Voluntary Retirement → Employee’s decision.
Premature Retirement → Govt’s decision.
 Employee performance review should be done once an employee attains 22 years of
service or 48 years of age. Thereafter, review can be done any time as required.
 A register should be maintained annually to record employees reaching this criterion.
 The pension given in this case is called SPECIAL PENSION. (22-48 formula applied)
5) Voluntary Retirement & Retiring Pension:
A GS, including those listed in Schedule II, may voluntarily retire from service any time
after completing 20 years of qualifying service or attaining 45 years of age. Provided that, a
written notice of is given to the Appointing Authority at least 3 months before the intended
date of retirement.
 Earlier, an additional 5 years of service benefits were given to employees who opted for
VRS. This was withdrawn by SRO 217 dated 22-05-2017.
 Retirement becomes effective on the expiry of notice period, without awaiting approval
of authority, unless the permission for retirement is refused by authority before expiry of
notice period.

Few more terms (not types of pensions) are relevant.


1. Anticipatory Pension: When a GS retires but his case of pension has not been settled yet
(Incomplete documentation at AG office), the competent authority can sanction a pension
immediately to the GS.
Gazetted Employee → Full Pension. Non-Gazetted Employee → 75% Pension.
2. Assumptive Pension: Pension equal to 80% of pension granted to a GS by AG office who
retires or dies while in service whose pension case has not been received yet by AG office
duly completed by Audit by the dated of retirement or within 3 months of death while in
service.
3. Provisional Pension: Employees who are suspended or have done some embezzlement
and they retire. In this case a provisional pension is granted to the employees until
suspension case is resolved. Provisional pension is always less than full pension.
 If a GS is found not-guilty, the remaining pension amount is given as arrears to the GS.
 If a GS is found guilty and if the pension amount is reduced below the amount he is
currently drawing, the extra pension taken during this period will not be recovered from
him and a new pension scale will be set according to judgement.
4. Compassionate allowance: A GS who is dismissed or removed from the service he
forfeits his service and is not entitled to any pension, but in some cases which need
special consideration competent authority can grant him compassionate allowance not
2
more than 3 rd of pension/gratuity which would have been admissible had he retired on
compensation pension. 40% of compassionate allowance can also be commuted.
5. Extra Ordinary Pension: Pension/Family Pension admissible to a GS / family of GS who
is injured or dies in the execution of public duty.
The GS here refers to a civil employee and not of military services. Military Services are
governed by DSR not CSR.
Chapter 18: Amount of Pension
 Pension amount depends on length of qualifying service, as per Articles 236 to 240-
A(V).
 Pension is fixed in whole rupees, rounded off to next higher rupee.
 Fractions of a year are not counted for pension, except for officers under Article 240-A,
six-monthly periods are counted. (Art 232)
 For determining QS, six monthly periods are taken into account. 30 days are counted as
one month.
01 – 29 days = Ignored O 30 days = One month P
01 – 02 months = Ignored O 03 – 08 months = 01 six-month period. P
E.g. Employees QS is 29 days 04 months 20 years.

∴ QS = 41 No’s
= * 1 No. 40 No’s

Similarly, Employee’s QS is 30 D 02 M 20 Y
= 1M 02 M 20 Y
= 3M 40 N = 41 No’s
 Gross service = Date of retirement – Date of appointment.
 Net Service = Gross service – Non-Qualifying Service.
Example: For a GS, DOB = 04/06/1981, DOA = 21/09/2003. Calculate QS.

⇒ DOR = 30-06-2041
Solution: DOB = 04-06-1981 1 8 2 0 4 0

∴ QS = DOR – DOA =
3 0 / 0 6 / 2 0 4 1
2 0 / 0 9 / 2 0 0 3
Always remember to take one day 1 0 D 0 9 M 3 7 Y
less in DOA when calculating QS because that day also counts in duty.
 Full pension is granted only when the service is approved and honest.
 HODs must give truthful certificates about the conduct and reason for
dismissal/resignation.
 An officer removed from service may be granted a compassionate allowance under
Article 170, up to two-thirds of what would have been admissible on medical retirement.
However, HOD must explain why the case deserves special consideration and max
allowance.
 If the service is not thoroughly satisfactory, the pension sanctioning authority may reduce
the pension. However, the officer must be given opportunity to defend before reduction.
Pension, once sanctioned, shall not be reduced later even if adverse facts come to notice.
8 months before retirement, HoO must ask the appointing authority if there is any
intention to grant less than full pension. If no reply, full pension will be granted.
Reduction in pension is to be communicated in Form 6.
 An officer entitled to a pension cannot choose gratuity instead of pension.
(i.e., No option to commute entire pension into gratuity.)
Amount of Pension
 Art 236-239: Service < 10 years → Service Gratuity (emol * years) [31/03/1965]
Service ≥ 10 years → Fixed Pension as per years of service.
 Art 240-A(I) up to 01/01/1976.
Gratuity calculated on half years and pension @No. of years/80ths of Avg Emoluments.
 Art 240-A(III) From 31-03-1979 to 31-03-1987, Pension introduced on slab system, 50%
for first 1000, 45% for next 500, then 40% for rest, was given in proportionate basis. QS
to claim full pension was 30 years (60 No’s). Example given below:
Average Full Pension Proportionate Pension for
Emoluments (full pension for 60 No’s) (say) 26 years
800 52
(i) 800 =400 400 × =34.66=347
2 60
First 1000 @ 50% = 500 52
635 × =550.33=551
(ii) 1300 Next 300 @ 45% = 135 60
Total = 635
First 1000 @ 50% = 500 52
1045 × =905.6=906
Next 500 @ 45% = 225 60
(iii) 2300
Next 800 @ 40% = 320 [Max limit for pension then was 1500
Total = 1045 & cap removed in 1985]
 Art 240-A(IV) Pension after 31-03-1987 was set at 50% of average emoluments. The
calculations were done on proportionate basis as already discussed in table. Some
minimum and maximum limits were also set from time to time. Qualifying Service has
also been revised from time to time.
No. of completed six monthly periods of
From To
QS required to claim full pension.
------------- 31-03-1987 60 No’s = 30 years
01-04-1987 30-06-2009 66 No’s = 33 years
01-07-2009 31-03-2011 60 No’s = 30 years
01-04-2011 24-04-2017 56 No’s = 28 years
28-04-2017 Till now 40 No’s = 20 years
 Pension Calculation:
Retired before 01-07-2009 Retired on or after 01-07-2009
Pension is calculated on average emoluments. Pension is calculated on average
Average Emoluments = Average of last 10 emoluments or last basic pay,
month’s emoluments. whichever is beneficial.
Here emoluments of last 10 months will surely This is more beneficial to an
vary because the employee might have had an employee.
increment taken (not necessarily)
last basic pay
Full Pension = ( 2
)Basic Pension+ DA + MA

Pension for Judicial officers(240A-VII):


From 01-10-2012, the pensioner and family pensioners of Judicial officers shall get the
additional quantum of pension/family pension from 1 st of month in which he/she attains the
prescribed age. [Superannuation age of judicial officers is 62 years]
Age (A) Additional Quantum
70 < A < 75 years 10% of revised B pension / family pension
75 < A < 80 years 20%
80 < A < 85 years 30%
85 < A < 90 years 40%
90 < A < 100 years 50%
A > 100 years 100%
Elderly Pension (240A-VIII) (SRO 138 of 2016)
Elderly pensioners/Family Pensioners shall be paid additional Pension/Family Pension on
attaining specific age as below: [Additional Quantum – SRO 138 of 2016]
Age (A) Additional Quantum
80 < A < 85 years 20% of basic pension
85 < A < 90 years 30%
90 < A < 95 years 40%
95 < A < 100 years 50%
A > 100 years 100%

Regulation of Additional Quantum:


(i) It shall be paid from the first of month in which the age is attained.
(ii) Whenever age is available on Pension Payment Order (PPO), the pension disbursing
authority / bank may disburse additional quantum without further authorization from
Accountant General.
(iii) In case of exact date of birth is not available but the year is available, the additional
quantum shall be paid from 01 January of the year following the year in which specific
age is attained.
(iv) In case neither DOB nor any year of birth is available, the pension disbursing authority
/ bank may send an intimation to pensioner to submit 04 copies of any of the
following documents duly attested by the gazetted officer.
(a) Pan Card (b) Matriculation Certificate – DOB (c) Passport
(d) Voter ID card. (e) Driving Licence (if DOB on it)
(v) When documents submitted by pensioner, the pension disbursing authority will make
payment of additional quantum provisionally for a period of 03 months from the date
of submission. In the meantime, it will immediately send the documents (one copy
each) submitted by pensioner for verification to AG Office. Further payment beyond 3
months will be made only after approval from AG Office.
(vi) In case, no document is submitted by pensioner, the case will be sent to
Administrative Department concerned for settlement in consultation with Finance
Department. The decision of Finance Department will be final.
Pension limits:
Date Min Pension Max Pension Max cap of DCRG
(1) w.e.f.: 01-04-1965 180 540
(2) w.e.f.: 01-01-1976 250 750
(3) w.e.f.: 31-03-1979 250 1200
(4) w.e.f.: 01-04-1987 325 2850 80,000
(5) w.e.f.: 01-04-1992 375 3750 1,00,000
(6) w.e.f.: 01-01-1996 1275 12,500 3.5 lakh
(7) w.e.f.: 01-01-2006 3500 80,000 10 lakhs
(8) w.e.f.: 01-01-2016 9000 1,12,500 20 lakhs
(9) (Whenever DA ↑ by 50%, DCRG ↑ by 25%)
Death Cum Retirement Gratuity: (DCRG) (240-B)
 DCRG is a lump sum amount payable to a GS who retires from service or dies in harness.
It is a kind of gift from Govt to the loyalty of a GS.
 It is permissible to make the recovery of govt dues from DCRG without the consent of
the GS or family members of deceased GS, as DCRG is in nature of a gift.
 A GS with ≥ 5 years of qualifying service:
 on retirement may be granted an additional gratuity (Retirement Gratuity).
1
RG= ( last basic pay+ DA ) × QS (Max: 16.5 × emols or above ceiling)
4
 on death while in service → gratuity payable to nominee(s) under Art 240C(iii)
The Death Gratuity shall be admissible as under: [1 Apr 1987 to 1 Jan 2016]
Qualifying Service Rate of Gratuity
(1) QS < 1 year 2 (BP + DA) [2 times of
(2) 1 yr ≤ QS < 5 yrs emoluments]
(3) 5 yrs ≤ QS < 20 yrs 6 (BP + DA)
12 (BP + DA)
(4) QS ≥ 20 yrs 50% of (BP + DA) × QS (or)
33 (BP + DA) (or)
Rate as per table above, whichever is
less
DCRG w.e.f 01-01-2016:
Qualifying Service Rate of Gratuity
(1) QS < 1 year 2 (BP + DA)
(2) 1 yr ≤ QS < 5 yrs 6 (BP + DA)
(3) 5 yrs ≤ QS < 11 yrs 12 (BP + DA)
(4) 11 yrs ≤ QS < 20 yrs 20 (BP + DA)
(5) QS ≥ 20 yrs 50% of (BP + DA) × QS (or)
33 (BP +DA) (or)
20 lakh, whichever is less

Residuary Gratuity: If a GS dies within 05 years from date of retirement and has become
eligible for service gratuity or pension under Art 240 A, and received Pension/Gratuity or
retirement gratuity or commuted value of pension and such amount received is less than 12
times of his emoluments, his family shall be eligible for Residuary Gratuity equal to the
deficiency.
Terminal Gratuity: A temporary GS who retires on superannuation or resigns from services
or is declared invalid for further service, shall be eligible for a gratuity at the rate of 1/3 rd of a
month’s pay for each completed year of service, provided he has completed atleast 5 years
continuous service.
If the GS dies at harness, then:
(a) Death after completion of 01 year but before 05 years, then a death gratuity equal to
one month’s pay is given.
(b) Death after 03 years but before 05 years, then 02 month’s pay is given.
(c) Death after 05 years, then 03 months pay is given or gratuity is calculated by above
formulae whichever is more.
Family for the purpose of DCRG:
The family for the purpose of DCRG (Art 240B) means:
(a) Wife or Husband
(b) Sons
(c) Unmarried & widowed daughters (including step & adopted children)
(d) Brothers below age of 18 and unmarried and widowed sisters.
(e) Father
(f) Mother
(g) Married daughters
(h) Children of pre deceased son.
Procedure for Payment of DCRG:
On receipt of Accountant General’s certificate on the pension application (form 3), the
competent authority for issuing pension will also issue DCRG
Gratuity payable to nominee or family in case of death
1) When a GS dies while in service or after retirement, if he has executed a nomination in
prescribed format [form A(digital), form B (digital)] and the nomination is valid, then
DCRG shall be paid to the nominee by competent authority.
2) If a GS has not executed a nomination of the right to receive the amount of DCRG, then it
should be paid in equal shares to wife/husband, sons/ unmarried daughters. Where there
are no such surviving members but there are widowed daughters, father, mother, married
daughters, children of pre-deceased son, then DCRG is paid to them in equal shares.
3) If a government servant dies after retirement but before receiving gratuity, it will be
disbursed to the nominee/family as per above two points.
4) If a sister/daughter marries or a brother attains 18 years after the death of the GS but
before receiving their share, their right to gratuity is not affected.
5) The Head of Office/Department prepares a service statement on the 2nd page of the
pension application form after receiving the death report and is submitted to AG office
for verification. (in case of 2, alongwith recommendation & details of claimants).
Payment of DCRG to minor:
DCRG payable to a minor should be paid through their natural guardian.
In the absence of natural guardian, the person who furnishes guardianship certificate.
If a person claims to be a guardian but is unable to produce a certificate, a DCRG payment
up to the extent of 10,000 shall be made, subject to the production of Indemnity Bond with
suitable sureties to competent authority.
The balance in excess of 10,000 (if any) would become payable on the production of
Guardianship Certificate.
If the court has not appointed any guardian yet & nobody has claimed to be a guardian, then
the person in whose custody the minor and his property is, becomes a defacto guardian. In
such case, the person has to provide an affidavit confirming the custody.
Emoluments: The term emoluments mean emoluments that an officer was receiving
immediately before retirement. It includes:
(a) Pay / Substantive pay / basic pay
(b) Personal Allowances
(c) Acting Allowances of an officer without substantive appointment.
(d) One half of difference b/w actual pay and pay drawn on higher officiating post.
 Special pay is also counted in emoluments if it has been sanctioned permanently without
time limit.
 If a special pay or officiating pay is drawn continuously for 3 years and an employee
retires or dies during this, he is given the benefits of special or officiating pay.
 Employees on deputation from state to centre receive more pay than state, it will be
decided by State Govt whether to include the pay difference in pension or not. Same is
the case with employees from centre to state.
 Pay drawn by a GS on foreign service shall not be treated as emoluments but the pay he
would have been drawing if he was not on foreign services shall alone be treated as
emoluments.
 Local allowances, HRA, compensation for dearness of provisions do not count for
pension.
 Suppose an officer is permanently posted on Post A. He is temporarily deputed on Post B for
some time. He may draw a higher pay in post B for that time. But the pay of Post A (permanent
post) held by GS and not that drawn in post B will be counted for pension.
 W.e.f 01-01-2006, emoluments shall mean basic pay as defined in Art 27 (aa)
 Emoluments for pension = Basic Pay and for Gratuity = Basic Pay + DA.
Average emoluments:
Up to 31-12-1975 → Average calculated up on last one year of service.
From 01-01-1976 → Average calculated up on last 10 months of service.
If an officer has been absent, on leave without allowances, or under suspension during
the last 10 months of service:
 When reinstated without forfeiture of service, emoluments are calculated as if the
officer had not been absent or suspended.
 Pension, however, cannot be increased due to any rise in pay not actually drawn.
 If the absence or suspension period does not count for pension, that period is ignored,
and an equivalent earlier period is included to complete 10 months.
 In voluntary or invalid retirement, when retirement occurs on any date within a month,
the 10-month period is adjusted so all fractional-months total 30 days.
 For fractional months, each month is uniformly considered as having 30 days for
emolument calculation.
Refer examples at the end of this chapter.
Documents to be sent by HOD to AG for a Pension Case:
(1) Form 3: Containing details of family members.
(2) Form 5: Containing particulars of a GS: Address, signature, photographs, joint
photographs, treasury name etc. taken from a GS 8 months prior to retirement.
(3) Form 6: Containing orders of deduction in pension (if any)
(4) Form 7: Contains details of qualifying service, non-qualifying service, average
emoluments, proposed pension etc.
(5) Form 8: This is the forwarding letter of pension case sent from HOD to AG.
In addition to this following document are also attached:
(a) Service Book
(b) - Two specimen signatures (All these attested by GO)
- left hand thumb impression
- two slips showing height and ID mark
- three copies of passport size photographs
- photographs of both husband and wife.
(c) Declaration of GS in Form A for refunding excess pension
(d) Medical certificate in case of invalid pension
(e) LPC
(f) Form F: Commutation of Pension.
Amount of relief to the beneficiaries of a GS who is reportedly missing:
 When a GS is missing, his nominee (or family) can be paid in first instance the amount of
salary due, leave encashment due and GP Fund due.
 After lapse of a period of 01-year, other benefits of DCRG, family pension, etc may be
granted.
This is subjected to the conditions below:
(a) Family must lodge an FIR in nearest Police Station and receive a report from police that
the GS has not been traced after all efforts made.
(b) An indemnity bond is received from family to return all payments in case the employee
returns and makes any claim.
(c) The payments may be sanctioned by GAD.
(d) HoD will assess all Govt dues outstanding against the GS and recover in accordance with
rules.
(e) Family can apply for DCRG and Pension to the Head of Office, after one year period. If
DCRG and Family Pension are not given within 03 months of application, the interest
shall be paid at rates admissible
Chapter 20: Re-employment of Pensioners
Notice of Re-employment: Authority → Government.
The authority shall state in the order of reappointment whether the employee has received
any gratuity, bonus, pension etc and send a copy of order to AG.
1) After compensation Gratuity: A GS who has obtained compensation gratuity if re-employed
may:
- Retain his gratuity, then former service will not count.
- Refund his gratuity, then former service will count.
Refund of gratuity after reemployment may be made by monthly instalments of:
1
- Not less than 3 rd of officer’s salary.
- Not less than whole gratuity divided by number of months which have elapsed since end
of former service.
2) After compensation pension: An officer who is on compensation pension, if reemployed
may retain his pension in addition to his new pay, provided that the
Pension+ Initial pay on reemployment ≤ Substantive Pay of former post
Once the pension has been fixed as per above condition, the officer shall be entitled to
receive benefit of increments/promotion without further reduction in pension.
If the reemployment is temporary for up to one year, then the GS may receive full pension
and pay. Even if the sum of two exceed substantive pay.
If the reemployment is in the service which qualifies for pension, then the GS may:
- Retain his pension, then former service will not count.
- Cease to draw any pension, then former service will count.
Pension already drawn need not to be refunded.
An officer counts his previous service, if on re-employment his pension remains wholly in
abeyance.
3) After invalid Pension: Same as compensation pension.
4) After superannuation or retiring pension : An officer who is in receipt of superannuation
or retiring pension shall not be re-employed, usually. In special cases, govt has the
authority.
(a) The initial pay should be fixed at the minimum of scale of pay level in which GS is re-
employed. In case, this causes hardships to the GS, the pay may be fixed at higher
stage by allowing one increment for each year of service which GS has given before
retirement in a post not lower than that he is re-employed.
(b) The GS may also be allowed to draw pension, but pension + new pay should not
exceed the pay he drew immediately before retirement.
(c) In case, the limit exceeds, pay pension in full, make adjustments in new pay.
Increment should be given yearly as admissible.
(d) In cases where minimum pay of post is more than that the last pay drawn, the GS
concerned may be allowed the minimum of the prescribed scale of the post, less
pension.
Schedule X: Commutation
Commutation of pension is a financial option available to retirees, allowing them to receive a
lump sum payment in exchange for surrendering a portion of their monthly pension.
 A GS has an option to commute up to 40% of pension.
 No medical examination is required if the opted for it, within 01 year of retirement.
 If option is exercised after 01 year of retirement, the GS will have to undergo medical
examination by competent authority.
 Monthly pension will be reduced by portion commuted and full pension will be restored
after full payment of commuted sum after 15 years.
 Dearness relief, however, will continue to be calculated on the basis of original pension.
(i.e. without reduction of commuted portion)
Commuted value of Pension =
Portion of Pension commuted × Commutation Factor × 12

Example: Last Basic Pay = ₹ 80,000/-


Basic Pension (50%) = ₹ 40,000/-
%age of commutation = 40%
Portion of pension commuted (40%) = ₹ 16,000
Age as on next birthday after retirement = 61 years

∴ CVP = 16000 ×8.194 ×12


Commutation Factor = 8.194
= ₹15,73,248
Reduced Pension = 40,000 – 16,000 = ₹24,000
Date of Retirement = 31-03-2021
Period of Reduced Pension = 01-04-2021 to 31-03-2036
Date of restoration of full Pension = 01-04-2036
 Commutation Factor is calculated as per age on next birthday. For 61 years, CF = 8.194
 Commutation value table is given on JKCSR Schedule “X”
Restrictions: A GS against whom departmental or judicial proceedings have been intiated
before the date of his retirement or a pensioner against whom such proceedings are initiated
after date of retirement, shall not be eligible for commutation during pendency of such
proceedings.
If a GS dies before exercising the option for commutation his family can’t be given benefits
of commutation.
Utilization of commutation: The commuted value shall be spent on:
(1) Construction or Purchase of house. (4) Starting a Business.
(2) Education of Children/Dependents. (5) Liquidation of debt.
(3) Marriage expenses.
Commutation Rates:
Initially, ½ of pension. Max ₹200/month but residue pension should not be less than ₹20 p.m.
From 31-01-1982, 1/3rd of pension.
From 01-01-1996, 40% of pension.
 Commutation is not allowed when a person is granted compassionate allowances, when pension
is not granted for misconduct or inefficiency (exceptions after due consideration)
 In case of anticipatory pension, commutation is allowed after consultation with AG.
Extra commutation: If a GS has not requested for full commutation earlier but later want the
required commutation to be granted, he can be granted this, after approval of medical board.
The effective date of extra commutation will be day of signature of medical certificate.
Commutation once applied, sanctioned and given effect to can not be revoked or cancelled.
Re-employment: If a GS who is on pension and has commuted a part of it, is reemployed, the
calculation of pension for the purpose of certain rules will be taken on full pension which he
will be drawing if he had not commuted.
Diseases which make a pensioner ineligible for commutation of pension are below:
(1) TB of lungs. (6) Beri – Beri
(2) Diabetes (7) Leukaemia
(3) High BP (> 200 sys) (8) Apoplexy
(4) High BP (>160 sys with albuminuria) (9) After operation of cancer
(5) Cardiac Diseases (uncompensated) (10) Insanity etc
Eligibility: Following pensioners are eligible for commutation:
1) Superannuation pensioner
2) Retiring Pension
3) Compensation pension on abolition of post
4) Invalid pension (except those retired on invalidation due to disease)
If a GS applies for pension within one year of retirement, but the application reaches pension
sanctioning authority after one year of retirement, the GS will not be eligible for pension
without Medical Examination.
Forms required while applying for commutation:
 Form A: Application for commutation.
 Form B: Application for medical board for medical examination
 Form C: Medical examination report
 Form D: Application for commutation without medical examination
 Form E: Nomination for commutation.
 If a GS applies within one year, he will directly have to submit Form D to PSA who will
forward case to AG.
 If a GS applies after one year, he will have to submit Form A and follow the process of
medical examination etc (Form B, C)
 In case of a person who is on invalid pension:
 If due to a disease, he will not be granted commutation.
 If due to any other reasons, he will have to submit Form A and follow rigerous medical
exam to get medical board certificated within 03 months of application.
 PSA will then forward the case along with medical certificate to AG.

Family Pension
 Family pension is a financial benefit provided to the family of a deceased GS/pensioner. It
ensures the family’s financial wellbeing after the loss of the bread earner.
 Family pension is admissible to:
(a) Family of GS who dies in service after a minimum of 1 year.
(b) Family of GS who dies in service within one year of appointment after getting a
proper medical fitness certificate.
(c) Family of a pensioner, on the death of pensioner.
(1) w.e.f 01-04-1987, for a GS who retired or died on or after 01-04-1987.
Monthly Basic Pay Monthly Family Pension
(1) Upto 1300 30% of Basic Pay subject to minimum of 325 per
month.
(2) 1301 – 2600 20% of Basic Pay subject to minimum of 390 per
month.
(3) 2600 and above 15% of Basic Pay subject to minimum of 520 per
month
(2) w.e.f 01-04-1992:
Monthly Basic Pay Monthly Family Pension
(1) Upto 1500 30% of Basic Pay (minimum = 375).
(2) 1501 – 3000 20% of Basic Pay (minimum = 450).
(3) 3000 and above 15% of Basic Pay (Min = 600, Max =
1250)
(3) w.e.f 19-01-1998:
Family pension shall be calculated at a uniform rate of 30% of Basic Pay.
Minimum = 1275, Maximum = 25000
(4) w.e.f 01-04-2004:
Basic Pay shall mean Basic Pay + DA
Minimum = 1275 + 50% DA, Maximum = 25000 + 50% DA
GS with service from 01 to 06 years will get Family Pension → 30% of Basic Pay
Deceased GS with service not less than 07 years will have two cases:
Before 01-07-2009 On or after 01-07-2009
(1) Same Basic Pay for 07 years or upto (1) 50% of last Basic Pay for 10 years
the date of superannuation of the without any upper age limit.
deceased, whichever is earlier.
(SPECIAL RATE)
(2) 50% of Basic Pay last drawn for next (2) 30% of last Basic Pay drawn, till
07 years or upto the age of 65 years of death or remarriage.
the deceased whichever is earlier.
(ENHANCED RATE) → Minimum Family Pension:
(3) 30% of last Basic Pay till death of 3500 (01-01-2006 to 31-12-2015)
remarriage. 9000 (01-01-2016 to till date)

In case a GS dies after retirement:


When a GS is already on pension and dies, his family will get pension as:
(1) Till age of 65 years of GS → Same Pension (50% of Basic)
(2) After age of 65 years of the deceased GS → 30% of Basic
Elderly Pensioners are admissible to additional quantum as already discussed.
JK Family Pension Cum Gratuity Rules 1964.
These rules are applicable to all the GS from 1964 or any pending cases but these rules will
not apply to the employees appointed after 01-01-2010 under Defined Contributory Pension
Scheme (NPS).
 No pension or DCRG will be admissible to family of NPS employee as per JK FP cum
Gratuity rules 1964.
 As soon as a GS completes one year of service, he shall give details of his family in Form
3.
 If a GS has no family, he shall submit details in Form 3 as soon as he acquires family.
 Any change in family (including deaths or marriage of children) should be reported to
Head of office.
 If a GS dies in harness, family pension is given from next day of death.
 If a GS dies after retirement, family pension is given from first of next month.
 If death caused due to misconduct or wrong habits, no pension or death gratuity is
admissible.
 Suicide cases are given Pension and DCRG.
 An officer can update his nomination any time during life. He can change or add or
subtract any member.
 Any updation shall be sent to AG if a GS is gazetted and shall be sent to Head of Office if
a GS is a non-gazetted.
Family Eligibility:
(a) Death Gratuity: → GS has completed 05 years of service.
(b) Family Pension: → GS has completed minimum 01 year of continuous service.
- or, less than one year but medical certificate provided.
In case of Ex-serviceman:
(i) Before 01-06-2015, the family of ex-serviceman who was drawing two pensions (central
and state), will be entitled for only one pension, whichever is beneficial for her.
(j) After 01-06-2015, the family is entitled to two pensions.
 Unmarried sons are eligible for family pension till age of 25, or till they start earning.
 Unmarried daughters are eligible till marriage or till they start earning.
 When a husband has two living wives A and B. A is a GS and dies. The husband will not
be entitled to any family pension because he has B as living wife. The pensionary benefits
of A will be given to her children through guardian (if minor).
 When a GS dies without leaving any wife or children behind, the retirement benefits will
be given to his parents, provided that the income of both parents doesn’t exceed ₹5000
per month. The income certificate shall be issued by a gazetted officer periodically
(annually).

Rights of First and Second wife of a deceased GS


(a) Except as may be provided by nomination, Pension will be allowed to:
(i) Eldest surviving widow (elder by date of marriage) → Amended.
(ii)If no widow, then eldest surviving son.
(iii) Failing (i) & (ii), then eldest surviving unmarried daughter.
(iv) Failing (i), (ii), (iii), then eldest widowed daughter.
(v) Failing all, then divorced daughter.
 Amendments to subrule (i), where there may be more than one widow left behind the
deceased GS, the Family Pension shall be shared equally among all wives unless the
deceased has made any nomination. (Same in Gratuity)
 On death of a widow (who draws share of pension), the pension of her part will be
admissible to her eligible children. If no children eligible, his share of pension shall cease
to be payable.
 If second marriage done after 05-02-1971, prior permission is mandatory (for marriage)
for pensionary benefits.
 Subject to fulfilment of other conditions, if a GS has twin children, the family pension
will be given to both in equal shares. When one among them becomes ineligible, his/her
share doesn’t cease, rather is payable to the other such child. When both become
ineligible, then pension is passed on to next eligible child.
 When a GS is survived by a widow and children of another wife who died, the children
will get the share of their mother if she was alive at the time of death of the GS. In this
case, if any parties share ceases to be payable, the share doesn’t lapse, rather its paid to
other party.
 Same, in case mother is divorced her children will get share.
 In the event of no pension becoming payable to anyone under clause (a), the pension may
be granted to:
(i) Father
(ii)Failing (i), to mother,
(iii) Failing (i) & (ii), to eldest surviving brother below 18.
(iv) Failing above, to eldest surviving unmarried sister.
(v) Failing above, to eldest surviving widowed sister.
Except for the case of multiple widows, pension is awarded to only one family member at a
time.
 In case both husband and wife are government employees one among them dies, the other
is granted family pension in addition to his/her pay. This case is valid only for
husband/wife. No other claimant can receive family pension and pay at the same time.

∴ Additional 40% pension will be given.


Example 1: Mr A has DoB = 01-04-1926, pension = 5000, age on 25-04-2016 (SRO-138) =
90 years 25 days.
BP = 5000, Additional Quantum = 40% of 5000 = 2000
Total Basic Pension = 5000 + 2000 = 7000
DA = 119% of BP = 8330 MA = 300
Thus, total pension = 15,630.

∴ DoR = 31-03-2006 (+58)


Example 2: Mr A’s DoB = 03-03-1948, DoA = 01-10-1978, last pay = 10500

QS = 31-03-2006
– 00-10-1978
31D 05M 27Y = 1M + 5M + 27Y = 1No + 54 No’s = 55 No’s
∴ Basic Pension = 2 × 66
10500 55

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