A superannuation pension shall be granted to a Government servant who is retired on his attaining the age of compulsory retirement.
35. GOVERNMENT OF INDIA'S DECISIONS
| Retirement on the afternoon of last day of the month in which superannuation falls |
| No specific orders are necessary for retirement on due date |
| Relinquishment of charge on a holiday |
(1) Retirement on the afternoon of last day of the month in which superannuation falls. - It has been decided that as from 1st day of November, 1973, the Civilian Government servants in Groups `B', `C' and `D' services of posts and as from 1st days of April, 1974, the Civilian Government servants in Group `A' services or posts, shall retire from service with effect from the afternoon of the last day of the month in which their date of retirement according to Fundamental Rule 56 falls, without prejudice to clauses (j), (k), (l) and (m) of that rule.
[G.I., C.S. (Dept. of Per.), O.M. No. 33/12/73-Ests. (A), dated the 24th November, 1973 and the 2nd May, 1974.]
A Government servant whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of fifty-eight or sixty years, as the case may be.
[Note 7 below F.R. 56.]
(2) No specific orders are necessary for retirement on due date. - A question has been raised whether the retirement of a Government servant is automatic on the date on which he attains the age of compulsory retirement or some specific orders by a competent authority are necessary specifying the date on which they should retire.
The rules regulating the age of superannuation or the terms and conditions may provide for the compulsory retirement of a Government servant on his attaining a specific age or after completion of a specified period of service. In all such cases retirement is automatic and in the absence of specific orders to the contrary by the competent authority a Government servant must retire on the due date. It is the responsibility of the administrative authorities concerned to ensure that the Government servants under their control so retire. The date of compulsory retirement of a Government servant is known in advance and there should be no question of failure to make arrangements for his relief sufficiently in advance and complete any formalities required in that behalf. For this purpose, the authorities concerned should maintain a proper record of the date of retirement of the Government servants working under them and take such appropriate action as may be necessary for their retirement on the due dates.
At the same time, a Government servant cannot take advantage of the non-receipt of formal orders regarding his relief, etc., to say that he has been granted an extension of service. If the Government servant desires to take any leave preparatory to retirement he will naturally apply for it in good time. If not, he should bring the fact that he is attaining the age of superannuation or completing the period of service after which he has to retire, to the notice of the Head of the Office in which he is serving or if he is himself the Head of the Office to that of his immediate superior. Unless he receives specific orders that he should continue in service, he should make over charge on the due date to the Head of the Office (or such officer as may be nominated by the latter), or if he is himself the Head of the Office to the next seniormost officer in the office who would normally be placed in charge of the office in his absence.
[G.I., M.H.A., O.M. No. 33/6/56-Ests. (A), dated the 10th December, 1965.]
(3) Relinquishment of charge on a holiday. - 1. A question has been raised regarding the procedure to be followed for relinquishment of charge of office in the case of a retiring Government servant when the day on which he is due to retire happens to be a closed holiday. Since a Government servant shall retire from service with effect from the afternoon of the last day of the month in which his/her date of retirement falls, the retiring Government servant should formally relinquish charge of office on the afternoon of that day itself even if it happens to be a closed holiday.
2. In cases in which handing over of cash, stores, etc., is involved, these may be made over by the retiring officer (to the relieving officer or, in the absence of the relieving officer, to the next senior officer of the Department present) on the close of the previous working day on the analogy of Government of India's Decision No. (3) below Rule 78 of the General Financial Rules. Therefore, the actual relinquishment of charge of office shall be made in the prescribed form on the last day of service for which the physical presence of the officer in the office need not be insisted upon.
[G.I., M.F., O.M. No. 19050/8/76-E. IV (B), dated the 21st February, 1977.]
36. Retiring pension
| A retiring pension shall be granted - | |||
(a) |
to a Government servant who retires, or is retired, in advance of the age of compulsory retirement in accordance with the provisions of 1[ ] Rule 48 2[or 48-A] of these rules, or Rule 56 of the Fundamental Rules or Article 459 of the Civil Service Regulations ; and |
||
| (b) | to a Government servant who, on being declared surplus, opts for voluntary retirement in accordance with the provisions of Rule 29 of these rules. | ||
Footnote : 1. Omitted by G.I., M.H.A., Dept. of Per. & A.R., Notification No. 6 (1)-Pen. (A)/80,
dated the 30th July, 1981.
2. Inserted by G.I., Dept. of Per. & A.R., Notification No. 7 (2)-E. V (A)/73, dated
the 28th November, 1978.
3[37. 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 (3) he shall be eligible to receive retirement benefits if any, from such date as may be determined, in accordance with the orders of the Central Government applicable to him ].
EXPLANATION. - Date of absorption shall be -
| (i) | in case a Government employee joins a corporation or company or body on immediate absorption basis, the date on which he actually joins that corporation or company or body; |
| (ii) | in case a Government employee initially joins a corporation or company or body on foreign service terms by retaining a lien under the Government, the date from which his unqualified resignation is accepted by the Government. |
(2) 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 Central Government and State Governments/Union Territory Administrations or under the joint control of two or more State Governments/Union Territory Administrations.
(3) Where there is a pension scheme in a body controlled or financed by the Central Government in which a Government servant is absorbed, he shall be entitled to exercise option either to count the service rendered under the Central Government in that body for pension or to receive [ deleted ]4 retirement benefits for the service rendered under the Central Government in accordance with the orders issued by the Central Government.
EXPLANATION. - Body means autonomous body or statutory body.]
Footnote : 3. Substituted by G.I., Dept. of P. & P.W., Notification No. 4/42/91-P & PW(D), dated the 25th June, 1997.
Footnote : 4. Substituted by G.I., Dept. of P. & P.W., Notification No. 38/6/13-P & PW(A), dated the 11th Februrary, 2013
]
37. GOVERNMENT OF INDIA'S DECISION
(1) Grant of pro rata retirement benefits on permanent absorption in ESI Corporation. - 1. At present pro rata retirement benefits are admissible to the Central Government employees who are permanently absorbed in autonomous bodies controlled or financed wholly or substantially by the Central Government. The Staff Side made a suggestion in the National Council (JCM) that pro rata retirement benefits may be granted to all Central Government employees who have been or may be absorbed permanently in autonomous bodies like Employees' State Insurance Corporation which are not controlled or financed wholly or substantially by the Central Government, if the employees have been permitted to forward their application for such absorption by the Department concerned.
2. This question has been considered in detail but it has not been found possible to accept the demand of the Staff Side that the pro rata retirement benefits should be granted to Central Government employees who are absorbed in autonomous bodies not controlled or financed wholly or substantially by the Central Government. In this connection attention is invited to the provisions of Rule 37 of the CCS (Pension) Rules, 1972. Since the criterion is satisfied in the case of ESIC in view of the statutory provisions of the ESI Act. which confers on the Central Government the power to constitute or supersede the Corporation, to appoint Principal Officer, to accord approval to recruitment rules and to approve the budget, etc., the benefits in terms of the provision of Rule 37 of the CCS (Pension) Rules, are clearly available to the Central Government employees absorbed by ESIC. Accordingly, it is hereby clarified that the Central Government employees who have been and may be permanently absorbed therein, shall be eligible for retirement benefits as admissible under the orders in force from time to time according to the dates of their permanent absorption.
3. These orders shall not apply in the case of Medical Officers who after having rendered service in the Central Health Scheme (Ministry of Health) were transferred to ESIC and have been allowed the benefit of pension on combined service basis, by payment of pensionary liability by Ministry of Health for the period of service rendered under Central Government.
[G.I., Dept. of Per. & A.R., O.M. No. F. 27 (16)-PU/79, dated the 27th September, 1980.]
37-A. Payment of lump sum amount to persons on absorption in or under a corporation, company or body
For 37-A Rule details refer DP&PW's O.M. No.4/61/99-P&PW(D) dated 30/9/2000 & DP&PW's O.M. No.4/66/2005-P&PW(D) dated 14th October,2005
Government Decision
(Refer- GOI No. DP&PW's O.M. No. 4/61/99-P&PW(D) dated 20/12/2002)
238. Invalid pension
(1) Invalid pension may be granted if a Government servant retires from the service on account of any bodily or mental infirmity which permanently incapacitates him for the service.
(2) A Government servant applying for an invalid pension shall submit a medical certificate of incapacity from 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, exceeds 3[Two thousand and two hundred rupees] per mensem ; |
| (b) | Civil Surgeon or a District Medical Officer or Medical Officer of equivalent status in other cases. |
NOTE 1. - No medical certificate of incapacity for service may be granted unless the applicant produces a letter to show that the Head of his Office or Department is aware of the intention of the applicant to appear before the medical authority. The medical authority shall also be supplied by the Head of the Office or Department in which the applicant is employed with a statement of what appears from official records to be the age of the applicant. If a service book is being maintained for the applicant, the age recorded therein should be reported.
NOTE 2. - A lady doctor shall be included as a member of the Medical Board when a woman candidate is to be examined.
(3) The form of the Medical Certificate to be granted by the medical authority specified in sub-rule (2) shall be as in Form 23.
(4) Where the medical authority referred to in sub-rule (2) has declared a Government servant fit for further service of less laborious character than that which he had been doing, he should, provided 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.
Footnote : 2. Substituted by G.I., M.F., Notification No. F. 19 (3)-E. V (A)/74, dated the 29th
January, 1976.
3. Substituted vide G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. &
P.W. (PIC), dated the 20th July, 1988. Published as S.O. No. 2388 in the Gazette of India,
dated the 6th August, 1988.
GOVERNMENT OF INDIA'S DECISION
(1) Report of Medical Board to precede or coincide with the actual date of retirement applied for. - The Study Team had recommended that in case of invalid pension, the report of Medical Board should precede or coincide with the actual date of retirement applied for on the grounds of invalidation. According to the provisions contained in Rule 38 of the CCS (Pension) Rules, 1972, a Government servant is required to make known his intention of retirement on invalid grounds to the Head of Office who will then refer the Government servant to a Medical Board or a Civil Surgeon, etc., as the case may be. The invalid pension in such cases is sanctioned after a Medical Certificate of incapacity from the appropriate medical authority is received. Cases have come to notice where invalid pension was sanctioned after considerable delay. All Heads of Offices are, therefore, advised that whenever a Government servant applies for retirement on grounds of invalidation, the case may be referred to the concerned medical authority immediately so that their findings are available without delay.
[G.I., Dept. of Pen. & P.W., O.M. No. 38/116/93-P. & P.W. (F), dated the 24th August, 1994.]
(2) Refer DP&PW's O.M.No. 45/86/97-P&PW(A) dated 7/8/2001
(1) If a Government servant is selected for discharge owing to the abolition of his permanent post, he shall, unless he is appointed to another post the conditions of which are deemed by the authority competent to discharge him to be at least equal of those of his own, have the option -
| (a) | of taking compensation pension to which he may be entitled for the service he had rendered, or |
| (b) | of accepting another appointment on such pay as may be offered and continuing to count his previous service for pension. |
(2) |
(a) |
Notice of at least three months shall be given to Government servant in permanent employment before his services are dispensed with on the abolition of his permanent post. |
| (b) | Where notice of at least three months is not given and the Government servant has not been provided with other employment on the date on which his service are dispensed with, the authority competent to dispense with his services may sanction the payment of a sum not exceeding the pay and allowances for the period by which the notice actually given to him falls short of three months. | |
| (c) | No compensation pension shall be payable for the period in respect of which he receives pay and allowances in lieu of notice. |
(3) In case a Government servant is granted pay and allowances for the period by which the notice given to him falls short of three months and he is re-employed before the expiry of the period for which he has received pay and allowances he shall refund the pay and allowances so received for the period following his re-employment.
(4) If a Government servant who is entitled to compensation pension accepts instead another appointment under the Government and subsequently becomes entitled to receive a pension of any class, the amount of such pension shall not be less than the compensation pension which he could have claimed if he had not accepted the appointment.
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 gratuity or both at a rate not less than two-thirds and not more than 1[full compensation pension] or gratuity or both admissible to him on the date of his compulsory retirement.
2[ ]
(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 1[full compensation pension] admissible under these rules, the Union Public Service Commission shall be consulted before such order is passed.
EXPLANATION. - In this sub-rule, the expression "pension" includes gratuity.
(3) A 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 3[Rupees three hundred and seventy-five] per mensem.
Footnote : 1. Inserted by G.I., M.F., Notification No. Q-18011/2/75-E. V (A), dated the 10th April,
1975.
2. Deleted by G.I., Dept. of Per. & A.R., Notification No. 6 (2), Pen. (A)/79, dated
the 1st August, 1980.
3. Substituted by G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. &
P.W. (PIC), dated the 20th July, 1988. Published as S.O. No. 2388 in the Gazette of India,
dated the 6th August, 1988. Takes effect from 1st January, 1986.
GOVERNMENT OF INDIA'S DECISION
(1) Guiding principles for reduction of pensionary benefits under Rule 40 (1). - Rule 40 prescribes the limit of retirement benefits which would be admissible to an officer on whom the penalty of compulsory retirement may be imposed. This form of penalty has been introduced to provide for cases in which the continuance of a Government servant in service is considered to be undersirable but the extreme penalties of removal or dismissal, with the consequent loss of pension, is considered to be too severe.
The intention is that persons on whom the penalty of compulsory retirement is imposed should ordinarily be granted the full compensation pension and retirement gratuity, admissible on the date of compulsory retirement. Where, however, the circumstances of a particular case so warrant, the authority competent to impose the penalty of compulsory retirement may make such reductions in the pensionary benefits, within the limits prescribed, as it may think appropriate. In the case of a person governed by the New Pension Rules reduction may be made either in the retirement gratuity or in the pension or in both.
[G.I., M.F., Letter No. F.7 (22)-E. V/56, dated the 3rd June, 1957.]
(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 1[compensation pension].
(2) A compassionate allowance sanctioned under the proviso to sub-rule (1) shall not be less than the amount of 2[Rupees three hundred and seventy-five] per mensem.
Footnote : 1. Substituted by G.I., M.F., Notification No. Q-18011/2/75-E. V (A), dated the 10th
April, 1975.
2. Substituted by G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. &
P.W. (PIC), dated the 20th July, 1988. Published as S.O. No. 2388 in the Gazette of India,
dated the 6th August, 1988. Takes effect from 1st January, 1986.
41. GOVERNMENT OF INDIA'S DECISIONS
(1) Guiding principles for the grant of Compassionate Allowance. - It is practically impossible in view of the wide variations that naturally exist in the circumstances attending each case, to lay down categorically precise principles that can uniformly be applied to individual cases. Each case has, therefore, to be considered on its merits and a conclusion has to be reached on the question whether there were any such extenuating features in the case as would make the punishment awarded, though it may have been necessary in the interests of Government, unduly hard on the individual. In considering this question it has been the practice to take into account not only the actual misconduct or course of misconduct which occasioned the dismissal or removal of the officer, but also the kind of service he has rendered. Where the course of misconduct carries with it the legitimate inference that the officer's service has been dishonest, there can seldom be any good case for a compassionate allowance. Poverty is not an essential condition precedent to the grant of a compassionate allowance, but special regard is also occasionally paid to the fact that the officer has a wife and children dependent upon him, though this factor by itself is not, except perhaps in the most exceptional circumstances, sufficient for the grant of a compassionate allowance.
[G.I., F.D., Office Memo. No. 3(2)-R-II/40, dated the 22nd April, 1940.]
(2) Commutation of Compassionate Allowance permissible. - A question has been raised whether Government servants drawing Compassionate Allowance under Rule 41 of the Central Civil Services (Pension) Rules, 1972, are entitled to commute a part of such Compassionate Allowance as in the case of other kinds of pension or not. The matter has been considered and it is clarified that the Compassionate Allowance is one of the various kinds of pensions enumerated in the CCS (Pension) Rules, 1972, and as such the CCS (Commutation of Pension) Rules, 1981, would apply to the Compassionate Allowance in the same manner as in respect of any other class of pension.
[G.I., M.F., O.M. No. F.14 (3)-E. V (A)/76, dated the 23rd April, 1977.]
(3) Procedure for the grant of Compassionate Allowance. - In order to avoid delay in the payment of compassionate allowance, the following procedure should be adopted in cases relating to officers removed from service :-
| (i) | On receipt of the orders of the competent authority removing an officer from service for misconduct, insolvency or inefficiency, the Head of the Office, if he proposes to recommend the grant of a compassionate allowance, should fill in the application for pension and send it to the Accounts Officer concerned for report on the title to pension. The Head of the Office should not wait for an application from the officer. |
| (ii) | If the competent authority in issuing orders of removal states that certain proportion of the compensation pension is to be granted as compassionate allowance, no further sanction to pension is necessary, and all that is required is that the Accounts Officer should certify to the admissibility of the pension on a pension application completed and signed by the Head of the Office as provided in (i) above. |
[G.I., F.D., No. F. 3-X-R. II/34, dated the 3rd May, 1934.]
(4) Eligible for reliefs granted from time to time. - A clarification has been sought in regard to admissibility to reliefs to a retired Government servant who is in receipt of compassionate allowance sanctioned under Article 353 of CSRs or Rule 41 of the CCS (Pension) Rules, 1972. It is clarified that the reliefs in pension would be admissible to a retired Government servant who is in receipt of compassionate allowance from the respective dates from which various reliefs have been sanctioned.
[G.I., M.F., O.M. No. F. 19 (26)-E V (A)/75, dated the 14th November, 1975.]