CHAPTER XVIIIConditions of grant of Pension
Section ICLASSIFICATION OF PENSIONS
424. Pensions for "Superior and Inferior services" are divided into four classes, the Rules for which are prescribed in the following sections of this Chapter:
(a) compensation pension (See Section II),
(b) invalid pensions (See Section III),
(c) superannuation pensions (see Section IV),
(d) retiring pensions (See Section V),
Section IICOMPENSATION PENSION
426. If an officer is selected for discharge owing to the abolition of a permanent post, he shall, unless he is appointed to another post the conditions of which are deemed by authority competent to discharge him to be at least equal to those of his own, have the option
(a) of taking any compensation pension or gratuity to which he may be entitled for the service he has already rendered, or
(b) of accepting another appointment or transfer to another establishment even on a lower pay, if offered, and continuing to count his previous service for pension.
Decisions of the Government of India
(1) A reduction in the number of men paid for piece-work and treated as having held a substantive office under Article 380, Civil Service Regulations, should be considered as an abolition of their appointments within the meaning of Article, 426 Civil Service Regulations and the saving may in such cases be calculated on the average earnings of the last six months as laid down in rule 1, Article 486, Civil Service Regulations.
[Government of India, Finance Department no. 6611-P, dated the 29th October, 1903].
(2) If an officer is transferred to a non-qualifying appointment in the interest of public service and under orders of a competent authority, he is entitled to a compensation pension if discharged on abolition of that non-qualifying appointment.
[Government of India, Finance Department no. 490, dated 21st May, 1882].
Selection for Discharge
428. The selection of the officers to be discharged upon the reduction of an establishment should prima facie be so made that the least charge for Compensation pension will be incurred.
429. The discharge of one officer to make room for another better qualified is not the abolition of an appointment within the meaning of Article 426; the abolition must produce a real saving to Government. Particulars of the saving effected should be fully set-forth in every application for compensation pension. The saving should always exceed the cost of pension; otherwise it may perhaps be better to postpone the refunction of establishment or abolition of appointment. (See orders printed as Appendix 8.)
NOTEThe relaxation of the condition laid down in this Article requires the sanction of the State Government.
Decisions of the Government of India
(1) A reduced compensation pension may be granted in cases in which the savings effected by the reorganisation of an establishment are insufficient to meet the full pension admissible under rules.
[Government of India, Finance Department no. 214, dated the 14th January, 1890].
(2) In the case of men whose service qualifies under Article 380, Civil Service Regulations, a reduction in their number should be considered as an abolition of their appointments within the meaning of Article 426, and the saving in such cases should be calculated on the average earning of the last six months of service on the principle laid down in rule 1 under Article 486, Civil Service Regulations.
[F. and C. Department no. 6611-P, dated the 20th October, 1903] [Para 218, India Supplement to CSR (5th edn)].
(3) Article 429 does not apply to new cases specially dealt with under Article 434 of the Civil Service Regulations.
[Government of India, Finance Department U. O. no. 95-R-CSR, dated the 29th January, 1915].
430 A Deputy Collector, Munsiff, or similar officer who belongs to the public service apart from his particular local appointment cannot obtain a compensation pension on the abolition of a particular appointment.
431. No pension is admissible to an officer for the loss of an appointment on discharge after the completion of a specified term of service.
432. No pension may be awarded for the loss of a duty or local allowance.
433. Not printed.
434. If it is necessary to discharge an officer in consequence of a change in the nature of the duties of his office, the case should be referred to the State Government, who will deal with it in accordance with the rules laid down in this section as to notice of discharge and compensation pension or gratuity.
435. If of two appointments held by one officer only one is abolished and it is desired to give him an immediate pension in respect of the abolished post, the case should be specially referred for the orders of the State Government competent to abolish the appointment.
Notice of Discharge
436. Reasonable notice should be given to an officer in permanent employ before his services are dispensed with on the abolition of his office, If, in any case, notice of at least three months is not given, and the officer has not been provided with other employment on the date on which his services are dispensed with, then, with the sanction of the authority competent to dispense with the officers services, a gratuity not exceeding his emoluments for the period by which the notice actually given to him falls short of three months, may be paid to him, in addition to the pension to which he may be entitled under Articles 474 to 481; but the pension shall not be payable for the period in respect to which he receives a gratuity in lieu of notice.
1. The gratuity prescribed in this article is not granted as compensation for loss of employment but only in lieu of notice of discharge with a view to mitigate the hardship caused to an officer by the sudden loss of employment. When, therefore, an officer discharged without notice is provided with some other employment on the date on which his services are dispensed with, whether that employment be in qualifying or nonqualifying service, he is not entitled to any gratuity.
2. Unless it contains an express statement to the contrary, an order for the abolition of an office or appointment shall not be brought into operation till the expiry of three months after notice has been given to the officer whose services are to be dispensed with on such abolition. The immediate head of the office or the department will be held responsible that there is no unnecessary delay in giving such notices. In the case of an officer on leave, the order shall not be brought into operation until the leave expires.
NOTE"Emoluments" in this rule means the Emoluments or leave allowances (or partly the one, partly the other) which the officer would be receiving during the period in question had the notice not been given to him.
Decisions of the Government of India
(1) If no pay in lieu of discharge is paid, the pension should take effect from the date of discharge.
(2) If an officer is transferred to a non-qualifying appointment in the interests of the public service and under order of a competent authority, he is entitled to a compensation pension if discharged on abolition of that non-qualifying appointment.
[Government of India, Finance Department no. 4904, dated the 30th April, 1882].
(3) A permanent Government servant served with notice of discharge shall suffer no reduction in his total emoluments for three months counting from the date of the notice.
[Government of India, Finance Department no. 34-22-P, dated the 8th August, 1893].
436-A. Whenever it is found necessary to determine the service of an officer serving under a contract within the period of his agreement, a specific intimation of the determination of the agreement and of the grounds on which it has been determined shall be furnished to the officer in writing.
Offer of Re-employment
438. The rule in Articles 511 and 512, requiring the refund of a compensation gratuity on re-employment, applies to a gratuity awarded under Article 436, if the officer is permanently re-employed within three months from the date of notice. But the officer need not refund that proportion of his gratuity under this Rule which the interval of his non-employment bears to the whole period for which the gratuity is given. If the officer is re-employed only temporarily, he need refund no part of his gratuity; but if such temporary employment is foreseen, the gratuity should be proportionately reduced.
Acceptance of new Appointment
440. If an officer who is entitled to Compensation pension accepts instead another appointment in the public service and subsequently becomes again entitled to receive a pension of any class, the amount of such pension shall not be less than he could have claimed if he had not accepted the appointment.
Decisions of the Government of India
The term "pension" as used in Article 440, Civil Service Regulations, includes gratuity and that article applies in cases coming under Article 398-B either to the pension or gratuity on the superior scale or the gratuity on the inferior scale.
[Government of India, Finance Department no. 6364-P, dated the 28th February, 1894].
Section III INVALID PENSION
441. An Invalid pension is awarded, on his retirement from the public service, to an officer who by bodily or mental infirmity is permanently incapacitated for the public service, or for the particular branch of it to which he belongs.
Rules regarding Medical Certificates
442. An officer applying for an Invalid pension shall submit a medical certificate of incapacity in the manner specified below:
(a) If the officer submitting the application is on leave elsewhere than in India then the examination shall be arranged through the Indian Missions abroad by a Medical Board consisting of a Physician, a Surgeon and an Opthalmologist, each of them having the status of a consultant. The services of doctors approved for the officers and staff of the Mission concerned shall be utilised for this purpose, provided they fulfill the above conditions. A lady doctor shall be included as a member of the Medical Board whenever a woman candidate is to be examined.
(b) If the officer submitting the application is in India, then the examining medical authority shall be:
(1) a Medical Board, in the case of all Gazetted government servants and those non-Gazetted servants whose pay, as defined in Fundamental rule 9(21) exceeds Rs. 400 per mensem.
(2) a Civil Surgeon or a Medical Officer of equivalent status in other cases.
(c) Except in the case of the officer on leave elsewhere than in India, 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 his intention to appear before the Medical Officer. The Medical Officer 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 applicants age. Where the applicant has a service book, the age recorded there should be reported.
443. (a) A succinct statement of the medical case, and of the treatment adopted, should, if possible, be appended.
(b) If the examining Medical Officer, although unable to discover any specific disease in the officer, considers him incapacitated for further service by general debility while still under the age of fifty-five years, he should give detailed reasons for his opinion, and, if possible, a second medical opinion should always in such a case be obtained.
(c) In a case of this kind, special explanation will be expected from the head of the office or department of the grounds on which it is proposed to invalid the officer.
444. A simple certificate that inefficiency is due to old age or natural decay from advancing years, is not sufficient in the case of an officer whose recorded age is less than fifty-five years, but a Medical officer is at liberty, when certifying that the officer is incapacitated for further service by general debility, to state his reasons for believing the age to be understated.
Form of Medical Certificate elsewhere than in India
445. The form of medical certificate given by the Medical Board arranged by the Indian Mission abroad, respecting an officer applying for Invalid pension while on leave elsewhere than India, shall be as follows :
We have carefully examined Sri..............................................taking into account all the facts of the case as well as his present condition, we consider that he is incapable of discharging the duties of his situation, and that such incapability is likely to be permanent. His incapacity does not appear to us to have been caused by irregular or intemperate habits.
NOTEIf the in capacity is obviously the result of intemperance, substitute for the last sentence ; In our opinion his incapacity is the result of irregular or intemperate habits.
(If the incapacity does not appear to be complete and permanent, the certificate should be modified accordingly and the following addition should be made).
"We are of the opinion that A/B, is fit for further service of a less laborious character than that which he has been doing (or may after resting for..........months, be fit for further service of a less laborious character than that which he has been doing)."
446. If any doubt arises regarding the validity of a certificate by the Medical Board arranged by the Indian Mission abroad, the Audit Officer must not of his own motion reject the certificate as invalid but must submit the matter for the decision of the State Government.
Form of Medical Certificate in India
447. (a) The form of the certificate to be given respecting an officer applying for pension in India is as follows :
"Certified that I (we) have carefully examined A B son of C D, a...........in the...........His age is by his own statement.....................years, and by appearance about..........................years. I (we) consider A B, to be completely and permanently incapacitated for further service of any kind (or in the Department to which he belongs) in consequence of (here state disease or cause). His incapacity does not appear to me (us) to have been caused by irregular or intemperate habits."
NoteIf the incapacity is the result of irregular or intemperate habits, the following will be substituted for the last sentence.
"In my (our) opinion his incapacity is directly due tohas been accelerated or aggravated by irregular or intemperate habits."
If the incapacity does not appear to be complete and permanent, the certificate should be modified accordingly and the following addition should be made:
I am (we are) of opinion that A B is fit for further service of a less laborious character than that which he has been doing (or say, after resting for....................months, be fit for further service of a less laborious character than that which he has been doing).
(b) the object of the alternative certificate (of partial incapacity), is that an officer should, if possible, be employed even on lower pay, so that the expense of pensioning him may be avoided. If there is no means of employing him even on lower pay, then he may be admitted to pension; but it should be consider whether, in view of his capacity for partially earning a living, it is necessary to grant to him the full pension admissible under rule.
447-A. Not printed.
448. Not printed.
Special Precautions in the Police
449. District Superintendents of Police should be on their guard against endeavours to retire on Invalid pension by officers who are capable of serving longer.
450. Medical Officers should confine themselves to recommending leave to such policemen as are not likely to benefit by a further stay in hospital and should not certify that a policeman is incapacitated for further service unless they are officially requested to report upon him incapacity for further service.
451. Medical Officer should be specially searching in their examination of the physical unfitness of every applicant for pension, and, whenever the number of applicants for pensions is large, the examination should, if possible, be conducted by two Medical Officers.
452. An officer discharged on other grounds has no claim under Article 441, even although he can produce medical evidence of incapacity for service.
454. If the incapacity is directly due to irregular or intemperate habits, no pension can be granted. If it has not been directly caused by such habits, but has been accelerated or aggravated by them, it will be for the authority by which the pension is gratable to decide what reduction should be made on this account.
Applicant to be discharged
455. An officer who has submitted under Article 442 a medical certificate of incapacity for further service, must not (except for special reasons to be reported to the State Government) be retained in active service pending a decision on his application for pension, nor can he obtain leave of absence.
Without the special orders of the authority which has power to sanction the pension, service after the date of such medical certificate does not count for pension.
Decisions of the State Government
In the case of an officer who is invalided from service retirement should ordinarily take effect from the date of the report by the medical board.
456. The object of Article 455 is to discourage tentative applications; but an inferior servant (including in that term a Police Officer whose pay does not exceed Rs. 20) who, in the opinion of the head of his office, is fit for light work may be retained in employment till his pension is sanctioned, provided that his place is not filled up till he retires, and that his service counts only to the date of his medical certificate.
457. Article 455 refers only to the retention in active service of an officer who has furnished a medical certificate in respect of an application for Invalid pension or gratuity while in India. The retirement of an officer who is absent on leave other than Privilege leave, when such certificate is submitted, may have effect from the termination of his leave, and the officer may continue to draw leave allowance to the end of his leave.
Decisions of the State Government
The retirement of a government servant who is invalided while on leave granted under subsidiary rule 155 in the Financial Hand Book, Volume II, may have effect from the termination of the hospital leave already granted to him. The period spent on hospital leave on average pay will be treated as privilege leave for pension under Article 407, and the period, if any, spent on hospital leave on halfaverage pay will count for pension to the extent indicated in Article 408.
Section IVSUPERANNUATION PENSION
458. A superannuation pension is granted to an officer in superior and inferior services entitled or compelled, by Rule, to retire at a particular age.
459. The date of compulsory retirement of a Government servant is such as may from time to time be prescribed therefor in the Financial Hand book Vol. II.
Optional Retirement at fifty-five
465. (1) A retiring pension is granted to a government servant who is permitted to retire after completing qualifying service for 25 years or on attaining the age of 50 years.
(2) A retiring pension is also granted to a government servant who is required by Government to retire after attaining the age of 50 years.
NOTE1. Government may at any time, without assigning any reason, require any government servant to retire on three months, notice or pay in lieu of the whole or part thereof, after he has attained the age of 50 years, and no claim to special compensation on this account shall be entertained. Such decision shall be taken by the Government in the Administrative Department if it appears to it to be in the public interest. In the case of pay being given in lieu of the whole or part of such notice, the said period shall stand added to the government servants qualifying service for the purposes of calculating the pension and the death-cum-retirement gratuity due to him and for no other purpose.
NOTE2. The Inspector General of Police, Uttar Pradesh, may exercise the power vested in the Government in respect of compulsory retirement of Constables and Head Constables subject to the condition laid down in Note 1.
NOTE2-A. Government may delegate its power under Note 1 to any officer on authority not lower than the authority by which the government servant concerned was appointed. Where the power is so delegated. Government may from time to time, issue executive instructions indicating guiding principles in that behalf, but nothing contained in Note 1 or in this Note shall be construed to require any recital, in the order, of such decision having been taken in the public interest or to require the publication of such instructions.
NOTE3. A government servant who has elected to retire under this Article and has given necessary information to that effect to the competent authority, shall be precluded from withdrawing his election subsequently except with the specific approval of the authority competent to fill the appointment and unless his request for withdrawal is made within the intended date of his retirement.
NOTE4. A continuous temporary or officiating service under the Government, followed without interruption by confirmation in the same or any other post, other than temporary or officiating service, in a non-pensionable establishment or service in a work-charged establishment or service in a post paid from contingencies, shall be taken into account in computing qualifying service for the purposes of this Article.
Decisions of the State Government
1. Certain cases have come to Governments notice in which a Government servant who was thought to have completed 25 years qualifying service was either allowed to retire, or was retired compulsorily under the provisions of Note1, below Articles 465 or 465-A of the C.S.R., but it was later discovered, on a closer scrutiny of the case, that qualifying service was actually less than 25 years and that, consequently, no retiring pension could be granted under the rules. The retiring Government servant in such cases is placed in a difficult position and Government desire that to avoid such irregularities, the officer sanctioning or ordering retirement should scrutinize the service record of the retiring government servant very carefully and should sanction or order the retirement only after he has fully satisfied himself that the condition of 25 years qualifying service has been fulfilled. In case of any doubt on this point the retirement should be sanctioned or ordered only after the length of qualifying service has been got verified by the Accountant General, Uttar Pradesh, who should while making such reference, be invariably furnished with the following records and documents:
AIn the case of gazetted officers
(i) Service Book, if available.
(ii) History of services (in duplicate) in the prescribed form in respect of non-gazetted service, if any.(iii) Leave statement showing all kinds of leave except casual leave availed of during his non-gazetted service, if any.
BIn the case of non-gazetted officers
(i) Service Book.
(ii) History of services in duplicate in the prescribed form.
* (iii) Leave statement.
(iv) Recorded facts in respect of officiating and temporary services in order to determine whether they count for pension under Aricles 370 and 373, Civil Service Regulations.
2. According to Note 3, a Government servant who had elected to retire under Article 465, 465-A of the Civil Service Regulations and had given necessary intimation to that effect to the competent authority, should be precluded from withdrawing his election subsequently except with the specific approval of the authority competent to fill the appointment; provided his request for withdrawal is made within the intended date of his retirement. Ordinarily the power to grant such permission should not be exercised by the appointing authority unless the person concerned is in a position to establish that there has been a material change in the circumstances in consideration of which the intimation was originally given.
465AFor officers mentioned in Article 349-A, the rule for the grant of retiring pension is as follows :
(1) An officer is entitled, on his resignation being accepted, to a retiring pension after completing qualifying service of not less than 25 years, or on attaining the age of 50 years.
(2) A retiring pension is also granted to an officer who is required by Government to retire after attaining the age of 50 years.
NOTE1. Government may at any time, without assigning any reason, require any officer to retire on three months notice or pay in lieu of the whole or part thereof after he has attained the age of 50 years, and no claim to special compensation on this account shall be entertained. Such decision shall be taken by the Government in the Administrative Department, if it appears to it to be in the public Interest. In the case of pay being given in lieu of the whole or part of such notice, the said period shall stand added to the officers qualifying service for the purposes of calculating the pension and the death-cum-retirement gratuity due to him and for no other purpose.
NOTE2-A. Government may delegate its power under Note 1 to any officer or authority not lower than the authority by which the officer concerned was appointed. Where the power is so delegated. Government may from time to time issue executive instructions indicating guiding principles in that behalf, but nothing contained in Note 1 or in this Note shall be construed to require any recital, in the order, of such decision having been taken in the public interest or to require the publication of such instruction.
NOTE3. An officer who has elected to retire under this Article and has given necessary information to that effect to the competent authority, shall be precluded from withdrawing his election subsequently except with the specific approval of the authority competent to fill the appointment and unless his request for withdrawal is made within the intended date of his retirement.
NOTE4. A continuous temporary or officiating service under the Government followed without interruption by confirmation in the same or any other Post other than temporary or officiating service in a non-pensionable establishment or service in a work-charged establishment or service in a post paid from contingencies, shall be taken into account in computing qualifying service for purposes of his Article."
(The amendment takes effect from November 1, 1973).
Decisions of the State Government
As under Article 465.
466. See Article 509-A.
467. An officer holding two or more separate appointments may not, save with the express sanction of...............the State Government, resign one or more of such appointments on a pension, without retiring from the public service altogether. There is no objection to his being relieved from one or more of such appointments at any time, without being compelled to leave the service altogether; but in such case, any pension admissible to him for service in the office or offices from which he is relieved, will be deferred until he finally retires.
NOTE A State Government also may delegate its powers to Heads of Departments.