CHAPTER XIX—Amount of Pensions

Section 1—GENERAL RULES

468. The amount of pension that may be granted is determined by length of service. In calculating the length of qualifying service, fractions of a half year equal to three month and above shall be treated as a completed one half year and reckoned as qualifying service.

Currency

469. A pension is fixed in rupees and not in sterling money even though it is to be paid in England.

Award of Full Pension

** 470-A Omitted.

Decisions of the Government of India

A Local Government has not the power to reduce a pension already granted when proof, which was not available at the time of santioning the pension, is subsequently given of the pensioner’s service not having been thoroughly satisfactory.

[Government of India, Finance Department no. 5752-P, dated November 7, 1901.]

Decision of the State Government

Subject to the provisions of any law for the time being in force, an appeal against an order sanctioning a reduced pension under clause (b) of the above Article shall lie to the authority to whom an appeal would ordinarily lie against an order of punishment under Chapter XIII of the Classification, Control and Appeal Rules or under the appeal rules promulgated in Government notification no. 2628/II—264, dated August 3, 1932.

[G. O. no. 843/x—325, dated March 3, 1919].

Limitations

471. An officer entitled to pension may not take a gratuity instead of pension.

NOTE—

Not printed.

472.

Not printed.

473.

Not printed.

473-A.

Not printed.

Section II—AMOUNT OF PENSION

474. Subject to the directions here in after contained in Article 474(bb), a pension is regulated as follows:

"(a) After a service of less than ten years a gratuity not exceeding (except in special cases and under the orders of the Government of Uttar Pradesh) up to a maximum of 12 months emoluments one-half month’s emoluments for each completed six monthly period of service. If the emoluments of the officer have been reduced during the last three years of his service, otherwise than as a penalty, average emoluments may at the discretion of the authority which has the power to sanction the gratuity, be substituted for emoluments:"

(b) For compensation, Invalid and superannuation pensions—

After a service of not less than ten years an amount not exceeding the following :—

Completed six monthly periods of qualifying service

Scale of pension

Maximum limit of pension

1

2

3

     

Rs.

     

20

10

sixtieths, of average Amolumets

2,000

a year or

166 2/3

a month

21

10

Ditto

2,100

Ditto

175

Ditto

22

11

Ditto

2,200

Ditto

185 1/3

Ditto

23

11

Ditto

2,300

Ditto

191 2/3

Ditto

24

12

Ditto

2,400

Ditto

200

Ditto

25

12

Ditto

2,500

Ditto

208 1/3

Ditto

26

13

Ditto

2,600

Ditto

216 2/3

Ditto

27

13

Ditto

2,700

Ditto

225

Ditto

28

14

Ditto

2,800

Ditto

233 1/3

Ditto

29

14

Ditto

2,900

Ditto

241 2/3

Ditto

30

15

Ditto

3,000

Ditto

250

Ditto

31

15

Ditto

3,100

Ditto

258 1/3

Ditto

32

16

Ditto

3,200

Ditto

266 2/3

Ditto

33

16

Ditto

3,300

Ditto

275

Ditto

34

17

Ditto

3,400

Ditto

283 1/3

Ditto

35

17

Ditto

3,500

Ditto

291 2/3

Ditto

36

18

Ditto

3,600

Ditto

300

Ditto

37

18

Ditto

3,700

Ditto

308 1/3

Ditto

38

19

Ditto

3,800

Ditto

316 2/3

Ditto

39

19

Ditto

3,900

Ditto

325

Ditto

40

20

Ditto

4,000

Ditto

333 1/3

Ditto

41

20

Ditto

4,100

Ditto

341 2/3

Ditto

     

Rs.

 

Rs.

 

42

21

Sixtieths of average emoluments

4,200

a year

350

a month

43

21 1/2

Ditto

4,300

Ditto

358 1/3

Ditto

44

22

Ditto

4,400

Ditto

366 2/3

Ditto

45

22 1/2

Ditto

4,500

Ditto

375

Ditto

46

23

Ditto

4,600

Ditto

383 2/3

Ditto

47

23 1/2

Ditto

4,700

Ditto

391 2/3

Ditto

48

24

Ditto

4,800

Ditto

400

Ditto

49

24 1/2

Ditto

4,900

Ditto

408 1/3

Ditto

50 and above

30

Ditto

5,000

Ditto

416 2/3

Ditto

(bb) "Notwithstanding anything contained in clause (b) the amount of invalid pension in the case of a Government servant who retires on invalid pension in terms of Articles 441 to 457 shall not be less than the amount of family pension which would have become admissible to his family under the New Family Pension Scheme, 1965 had he died on the date he became invalid".

(c) For retiring pensions—Up to 49 completed six monthly periods of qualifying service—as under clause (b) : thereafter—

Completed six monthly periods of qualifying service

Scale of pension

Maximum limit of pension

1

2

3

   

Rs.

Rs.

50 25

sixtieths of average emoluments

5,000 a year or

416 2/3 a month

51 25

,,

5,000 ,,

416 2/3 ,,

52 26

,,

5,000 ,,

416 2/3 ,,

53 26

sixtieths of average emoluments

5,000 a year

416 2/3 a month

54 27

,,

5,000 ,,

416 2/3 ,,

55 27

,,

5,000 ,,

416 2/3 ,,

56 28

,,

5,000 ,,

416 2/3 ,,

57 28

,,

5,000 ,,

416 2/3 ,,

58 29

,,

5,000 ,,

416 2/3 ,,

59 29

,,

5,000 ,,

416 2/3 ,,

60 30

,,

5,000 ,,

416 2/3 ,,

and above.

     

(a) After a service of less than ten years, a gratuity not exceeding (except in special cases, and under the orders of the Government of India, up to a maximum of 12 months’ emolumets) one month’s emoluments for each completed year of service. If the emoluments of the officer have been reduced during the last three years of his service, otherwise than as a penalty, average emoluments may, at the discretion of the authority which has power to sanction the gratuity, be substituted for emoluments.

(b) For invalid, superannuation and compensation pensions after a service of not less than ten years an amount not exceeding the following amounts :—

Years of completed service

 

Scale of pension

Maximum limit of pension

1

 

2

3

   

Rs.

Rs.

10 10

sixtieths of average emoluments

2,000 a year, or

166 2/3 a month

11 11

,,

2,200 ,,

183 1/3 ,,

12 12

,,

2,400 ,,

200 ,,

13 13

,,

2,600 ,,

216 2/3 ,,

14 14

sixtieths of average emoluments

2,800 a year,

233 1/3 a month

15 15

,,

3,000 ,,

250 ,,

16 16

,,

3,200 ,,

266 2/3 ,,

17 17

,,

3,400 ,,

283 1/3 ,,

18 18

,,

3,600 ,,

300 ,,

19 19

,,

3,800 ,,

316 2/3 ,,

20 20

,,

4,000 ,,

333 1/3 ,,

21 21

,,

4,200 ,,

350 ,,

22 22

,,

4,400 ,,

366 2/3 ,,

23 23

,,

4,600 ,,

383 1/3 ,,

24 24

,,

4,800 ,,

400 ,,

25 30 and above

,,

5,000 ,,

416 2/3 ,,

NOTE 1. For the precise meaning of average emoluments, see Articles 486 and 487.

NOTE 2. In the case of Government servants recruited on or after April 1, 1948, and Government servants who were already in service on that date but who have elected the Contributory Provident Fund—Pension—Insurance Rules, 1948, the amount of pension or gratuity actually payable shall be regulated in accordance with rules 16 and 17 of those rules.

* 474-A. For officers mentioned in Article 349-A, the amount of pension is regulated as follows :—

(a) For retiring pensions—Up to 49 completed six monthly periods of qualifying service—as in Article 474(b) ; thereafter—

Completed six monthly periods of qualifying service

Scale of Pension

Maximum limit of pension

1

2

3

   

Rs.

Rs.

50 25th

sixtieths of average emoluments

— 5,000 a year or

416 2/3 a month

51 25 1/2

,,

— 5,100 ,,

425 — ,,

52 26

sixtieths of average emoluments

— 5,200 ,,

433 1/3 ,,

53 26 1/2

,,

— 5,300 a year,

441 2/3 a month

54 27

,,

— 5,400 ,,

450 ,,

55 27 1/2

,,

— 5,500 ,,

458 1/3 ,,

56 28

,,

— 5,600 ,,

466 2/3 ,,

57 28 1/2

,,

— 5,700 ,,

475 ,,

58 29

,,

— 5,800 ,,

483 1/3 ,,

59 29 1/2

,,

— 5,900 ,,

491 2/3 ,,

60 30 and above

,,

— 6,000 ,,

500 ,,

(c) For retiring pensions.

Up to twenty-four years of completed service, as under clause (b) above ; thereafter,

Years of completed service

Scale of pension

Maximum limit of pension

1

2

3

 
   

Rs.

Rs.

25 25th

sixtieths of average emoluments

— 5,000 a year, or

166 2/3 a month

26 26

,,

— 5,000 ,,

416 2/3 ,,

27 27

,,

— 5,000 ,,

416 2/3 ,,

28 28

,,

— 5,000 ,,

416 2/3 ,,

29 29

,,

— 5,000 ,,

416 2/3 ,,

30 30

,,

— 5,000 ,,

416 2/3 ,,

and above.

     

(b) For other pensions—Up to 50 completed six monthly periods of qualifying service—as in Article 474 (b) ; thereafter—

Completed six monthly periods of qualifying service Scale of pension Maximum limit of pension
    Rs. Rs.
51 30 Sixtieths of average emoluments 5,100 a year or 425 a month
52 30 ,, 5,200 ,, 433 1/3 ,,
53 30 ,, 5,300 ,, 441 2/3 ,,
54 30 ,, 5,400 ,, 450 ,,
55 30 ,, 5,500 ,, 458 1/3 ,,
56 30 ,, 5,600 ,, 466 2/3 ,,
57 30 ,, 5,700 ,, 475 ,,
58 30 ,, 5,800 ,, 483 1/3 ,,
59 30 ,, 5,900 ,, 491 2/3 ,,
60 30 ,, 6,000 ,, 500 ,,
and above.      

NOTE—In the case of government servants appointed on or after January 1, 1936, except in the case of those persons who were in the subordinate service on December 31, 1935 and promoted to the provincial service after that date, the amount of pension shall be calculated under Article 474.

Stood as follows :—

474–A. For officers mentioned in Article 349–A, the amount of pension is regulated as follows :

(i) Officers of the Imperial Services of the Forests, Geological Survey, Public Works, Railway and Telegraph Department and any others covered by Article 635 who entered serice before the 6th day of December, 1932.

(A) For invailed (superannuation and compensation) pensions—

Up to 24 years of completed service—as in Article 474; thereafter—

Years of completed service Scale of pension Maximum limit of pension  
    Rs. Rs.
25 30 sixtieths of average emoluments 5,000 a year or 416 2/3 a month
26 30 ,, 5,200 ,, 433 1/3 ,,
27 30 ,, 5,400 ,, 450 ,,
28 30 ,, 5,600 ,, 466 2/3 ,,
29 30 ,, 5,800 ,, 483 1/3 ,,
30 30 ,, 6,000 ,, 500 ,,
and above.      

475–Officers holding any of the appointments enumerated below and

(b) For retiring pensions—

Up to years of completed service,—as in Article 474; thereafter—

Years of completed service Scale of pension Maximum limit of pension  
    Rs. Rs.
20—24 30 Sixtieths of average emoluments 4,000 a year or 333 1/3 a month
25 30 ,, 5,000 ,, 416 2/3 ,,
26 30 ,, 5,200 ,, 433 1/3 ,,
27 30 ,, 5,400 ,, 450 ,,
28 30 ,, 5,600 ,, 466 2/3 ,,
29 30 ,, 5,800 ,, 483 1/3 ,,
30 30 ,, 6,000 ,, 500 ,,
and above.      

NOTE—In the case of an officer with 20—24 years of completed service who enters service before the 22nd April, 1939, the amount of superannuation or compensation pension will be 30/60ths of average emolument, subject to a maximum limit of Rs. 4,000 a year if this rate is more advantageous than that admissible under sub-clause (a).

(I-A) Officers holding the following posts who are not members of an all-India or Central Service:

(1) Deputy Secretary to Government.

(2) Chief inspector of Offices.

(3) Director of industries.

(4) Deputy Director of Industries.

(5) professor, Thomason civil Engineering College, Roorkee.

(6) Examiner, Local Fund Accounts.

(7) Second Deputy registrar, Co-operative Societies.

(8) Superintendent, Printing and Stationery for so long as Mr. D. W. Crighton holds the post.

(9) Chief Inspector of Boilers and factories so long as Mr. W. G. Mackay holds the post.

(10) Deputy Legal Remembrancer—Cum-Ex Offcio deputy secretary for so long as Mr. P. C. Mogha holds the post.

(a) For retiring and superanuation pensions—up to 24 years of completed service—as in Article 474,—thereafter:

Years of completed service Scale of pension Maximum limit of pension  
    Rs. Rs.
25 25 Sixtieths of average emoluments 6,000 a year or 500 a month
26 26 ,, 6,200 ,, 516 2/3 ,,
27 27 ,, 6,400 ,, 533 1/3 ,,
28 28 ,, 6,600 ,, 550 ,,
29 29 ,, 6,800 ,, 566 2/3 ,,
30 30 ,, 7,000 ,, 583 1/3 ,,
and above.      

belonging to what was formerly termed the uncovenanted service, may be allowed by the State Government an additional pension of Rs. 1,000 a year, provided that they have rendered not less than three years of effective service (that is, service of the same nature as than which under the provisions of Article 644, counts for the special pensions admissible under Article 642) in such appointment, and provided also that in each case during such service the officer has shown such special energy and efficiency as may be considered deserving of the concession. In the case of officers entering government service after the 31st December, 1909, the grant of the additional pension is subject to the further condition that—

(b) For other pensions—as in the clause (ii) below.

Note—Government servants appointed to the above posts on or after Janurary 1, 1936 shall be entitled to pension under Article 474, or if they were already in a provincial or subordinate service on December 31, 1935 under clause (ii) of this Article.

(ii) Other Officers

(a) For retiring pensions:—

Up to 24 years of completed service, as in Article 474; thereafter—

Years of completed service

Scale of pension

Maximum limit of pension

 
 

Rs.

Rs.

 

25 25

sixtieths of average emoluments 5,000 a year or a month

416 2/3

 

26 26

"

5,200 "

433 1/3 "

27 27

"

5,400 "

450 "

28 28

"

5,600 "

466 2/3 "

29 29

"

5,800 "

483 1/3 "

30 30

"

6,000 "

500 "

and above

     

(b) For other pensions—

Up to 25 years of completed service,—as in Article 474; thereafter—

Years of completed service

Scale of pension

Maximum limit of pension

 
 

Rs.

Rs.

 

26 30

Sixtieths of average emoluments

5,200 a year or 433 1/3 a month

 

27 30

"

5,400 "

450 "

28 30

"

5,600 "

466 2/3 "

29 30

"

5,800 "

483 1/3 "

30 30

"

6,000 "

500 "

and above.

     

Note 1—In the case of government servants appointed on or after January 1, 1936, except in the case of those persons who were in the subordinate service on December 31, 1935 and promoted to the provincial service after that date, the amount of pension shall be calculated under Article 474.

Note 2—In the case of government servants recruited on or after April 1, 1948, and government servants who were already in service on that date but who have elected the Contributary Provident Fund-Pension Insurance Rules, 1948, the amount of pension or gratuity actually payable shall be regulated in accordance with rules 16 and 17 of those Rules.

they must, in the event of voluntary retirement, have completed twenty eight years of qualifying service, the same rule applies to officers of the Forest Department who entered government service on or before the 31st December, 1909, (including those who were appointed on probation on or before that date) with the exception of those who have at the time of their retirement, rendered three year’s active service on not less than the maximum pay of a Conservator. Voluntary retirement for the purpose of this rule should be taken as retirement under Article 465.

Registration Department—Inspector-General.

Police Department—Inspectors-General and deputy Inspectors-General under Local Governments and Administrations, and the commissioners of Police Calcutta, Madras, Rangoon and Bombay.

Jail Department—Inspectors-General under Local Governments, but not under Chief Commissionerships.

Education Department—Directors of Public Instruction.

*

*

*

*

Forest Department—Inspector-General of Forests and Conservators.

*

*

*

*

General Administration—Commissioners of Divisions.

*

*

*

*

Notes—1. See special addition to the form of certificate in form no. 26 (Pension).

2. Not printed.

3. Cancelled.

475–A. The grant of special additional pensions to officers specified in Article 349–A is regulated as follows:

(1) the special additional pension admissible under this article is not to be given as a matter of course but only where the service rendered is approved as satisfying the standard of work and conduct required in special conditions of the post or duty hereinafter mentioned.

(2) Officers who have held posts listed in the Schedule to this Article may be granted an additional pension (a) at the rate of Rs. 300 for each completed year of effective service in any post included in the lower grade, and (b) at the rate of Rs. 500 for each completed year of effective service in any post included in the upper grade, up to a maximum of Rs, 1,500 per annum for service in lower grade appointments and Rs. 2,500 per annum for service in lower and upper grade appointments combined or in upper grade appointments alone : provided that in the case of an officer who has earned an additional pension by service in appointments in both the upper and lower grades, service for any broken period of a year in the upper grade may count as service in the lower grade if his pension would be thereby increased.

(3) An officer who has held a temporary post which has been declared by the authority competent to create the post as carrying similar duties and responsibilities, and which carries the same rate of pay as a post listed in the Schedule, may be granted an additional pension in respect of that post at the rate and subject to the conditions prescribed in clause (2) this Article.

(4) For the purpose of clauses (2) and (3) of this Article "effective service" includes, besides periods of duty in a post mentioned in the said clauses—

(i) duty performed—

(a) in a post of corresponding rank and responsibility in foreign service, or

(b) On deputation on special duty, or

(c) in a temporary post, or

(d) in a permanent post in an officiation capacity, to which an officer is transferred or appointed whilst holding the post mentioned in clause (2) or (3), if, in the case of an officer who held a post mentioned in clause (2) in an officiating capacity or of an officer who held a post mentioned in clause (3), Government certifies that he would, if he had not been so transferred, or appointed, have continued to officiate in or hold the post concerned.

(ii) Privilege leave or leave under the Fundamental Rules Corresponding to privilege leave for the purpose of calculating service for pension taken by the officer during his service in a post mentioned in clauses (2) and (3) or during the period of duty covered by sub-clause (i) of this clause, if in the case of an officer who has held a post mentioned in clause (2) in an officiating capacity, or who has held a post mentioned in clause (3), Government certifies that he would, if he had not proceeded on leave, have continued to officiate in the post mentioned in clause (2), or have held a post mentioned in clause (3).

(5) An officer of pensionable status who has held a post in foreign service with a State-owned Railway worked by a Company, Which is certified by Government to correspond in rank and responsibility with a State Railway post listed in the Schedule may be granted an additional pension in respect of that post at the rates and subject to the conditions prescribed in clause (2) of this Artical provided that, for the purpose of this clause "effective service" means duty (including privilege leave or leave under the Fundamental Rules corresponding to privilege leave for the purpose of calculating service for pension) in a foreign service post.

(6) An officer who has received under the second proviso to Fundamental Rule 30 (1) or under Fundamental Rule 113, officiating promotion to one of the posts listed in the Schedule, or in whose case Government certifies that he would have received such promotion he had not been on special duty or held a temporary post, may be granted an additional pension at the rates and subject to the conditions prescribed in clause (2), as though he had during the period for which he officiated or would have officiated, a post listed in the Schedule.

For the purpose of this clause the period of officiating promotion includes any privilege leave or leave under the fundamental Rules corresponding to privilege leave for the purpose of calculating service for pension taken during the period, if Government certifies that, had the officer not been on leave, he would have continued in the same capacity.

(7) In the case of officers entering Government service after the 31st December 1909, other than officers of the Indian forest Service who were appointed on provation on or before that date the grant of the additional pension is subject to the condition that they must in the event of voluntary retirement have completed 28 years of qualifying service. Voluntary retirement for the purpose of this rule should be taken as retirement under Article 464 and 465–A(i).

*Schedule of Appointemts carrying Additional Pension.

A–Upper Grade—

Director of Education,

Chief Engineer, Public Works Department,

Cheif Engineer, Irrigation Department,

Chief Engineer, Electricity Department,

Director of Medical and Health Services,

Additional Chief Engineer, Irrigation Department.

B–Lower Grade—

District and Sessions Judge,

Inspector General of Prisons,

Chief Conservator of Forests,

Director of Agriculture,

Chief Engineer, Local Self-Government Engineering Department,

Superintending Engineers, Public Works Department,

Superintending Engineers, Irrigation Department,

Superintending Engineers, Electricity Department,

Conservators of Forests,

Any other pensionable appointement in a Departement other than those to which the appointments included in this Schedule appertain, the minimum pay of which is not less than Rs. 1,500 a month.

Decisions of the State Government

The officers mentioned in Article 349–A, C. S. R. and recruited on or after January 1, 1936 can not be deprived of the benefit of Special Additional pension on account of restriction imposed by Finance Department Notification no. A–1271/X–244, dated December 12, 1935, referred to in Note below Article 474–A(C).

[Finance Department no. G-II-1488/X-915-1960, Dated 30th June, 1960]

Audit Instructions

1. The Secretary of State in Council has ruled that the provision in this Article that an Officer, as a condition of eligibility for the award of an additional pension, must have shown "such special energy and efficiency as may be considered deserving of the concession" shall be interpreted to mean that an officer who has rendered approved service in one of the post to which the Article applies shall be eligible for the additional pension.

2. When a government servant officiating in a post qualifying for special additional pension is transferred to another such post in an officiating capacity, the period of joining time spent in proceeding from one post to the other counts as service in a post qualifying for a special additional pension only if the competent authority certifies that had the officer not been on joining time he would have held either the new or the old qualifying post.

475–AA, 475–AAA, 475–B and 476. Not printed.

477–480. Cancelled.

481. Deleted.

482. If the pay of an officer has been reduced during the last three years of his service otherwise than as a penalty, his gratuity or pension under this Section may, at the discretion of the authority which has power to sanction it, be calculated upon the average of his pay during the last three years of is service.

Premature invalidating

483. An officer should not, without urgent necessity, be invalided when he has nearly completed thirty year’s service: the Government cannot undertake to overlook a deficiency of service resulting from an officer being prematurely invalided. The principle of this rule applies to all analogous cases.

484. Not printed.

485. Not printed.

Section IV—ALLOWANCES RECKONED FOR PENSION

Emoluments and average emoluments

486. The term "Emoluments" when used in these Regulations means the "Pay" as defined in Rule 9(21) of the U. P. Fundamental Rules, which the officer was receiving immediately before his retirement.

NOTE—If an officer immediately before his retirement or death, has been absent from duty on leave with allowances, his emoluments for the purpose of calculating service gratuity and or death-cum-retirement gratuity should be taken at what they would have been had he not been absent from duty:

Provided that the amount of gratuity is not increased on account of increase in pay not actually drawn and that benefit of higher officiating or temporary pay is given only if it is certified that he would have continued to hold the higher officiating or temporary appointment but for his proceeding on leave.

NOTE 2—Pay drawn in a tenure Appointment (s) will count provided the service in tenure appointment (s) does not qualify for the grant of special additional pension.

487. The term "Average Emoluments" means the average calculated upon the last one years of service. (amendment w.e.f. 1.4.75)

(j) Duty allowances.

NOTES: 1— In the case of Section writers whose service has been allowed to count for pension under special orders of the Government of India, and of Press servants whose service qualifies under Article 380. ‘Emoluments’ means the average earnings of the last six months of service. For calculating gratuity on the Superior scale, ‘Emoluments’ means the average earnings of the last six months in Superior service, and for calculating pension on the Inferior scale, pay means the average earnings of the last six months in Inferior service.

2. In the case of an officer with a substantive appointment who officiates in another appointment or holds a temporary appointment. "Emoluments" means—

(a) The emoluments which would be taken into account under this Article in respect of the appointment in which he officiates or the temporary appointment as the case may be, or

(b) The emoluments which would have been taken into account under this Article had he remained in his substantive appointment, whichever are more favourable to him.

From April 1, 1961

486. The term "Emoluments" when used in these Regulations, means the emoluments which the officer was receiving immediately before retirement and includes—

(a) Pay other than that drawn in a tenure post ;

(b) personal pay granted in lieu of loss of substantive pay in respect of a permanent post other than a tenure post ;

(c) Pay drawn in a post held in provisionally substantive capacity under Fundamental Rule 14 (d) ;

(d) Officiating pay drawn by an officer without a substantive appointment officiating in an office which is substantive by vacant, or the permanent incumbent of which does not draw any part of the pay or count service; officiating pay in the case of an officer who, while holding a permanent post in substantive capacity is appointed to officiate in another permanent post which is substantive by vacant and on which no officer holds a lien or is temporarily vacant in consequence of the absence of the permanent incumbent on leave without pay or on transfer to foreign service;

(e) Special pay which is treated as pay under Fundamental Rule 9 (21) (i) and is drawn substantively or which is granted under Fundamental Rule 9 (25) ;

(f) One-half of—

(i) special pay which is treated as pay under Fundamental Rule 9 (21) (i) and is not drawn substantively ;

(ii) the difference between the substantive pay and the pay actually drawn in higher officiating or temporary appointments other than the pay referred to in clause (d) and sub-clause (i) above ;

(iii) personal pay other than that referred to in clause (d) above ;

(iv) the difference between the substantive pay and the pay actually drawn in higher tenure appointment whether held in substantive or officiating capacity; and

(v) pay drawn in temporary or officiating appointments in those cases where the officer has less than three years’ substantive service on the date of retirement.

Note—In the case of a Section writer whose service has been allowed to count for pension under special orders of the State Government—and of a Press servant whose service qualifies under Article 380, ‘Emoluments’ means the average earnings of the last six months of service.

Rules I—If during the last three years of his service, an officer has been absent from duty on leave with allowances, or having been suspended, has been reinstated without forfeiture of service, his emoluments, for the purpose of ascertaining the average, should be taken at what they would have been had he not been absent from the duty or suspended : Provided always (a) that his pension must not be increased on account of increase in pay not actually drawn and (b) that an officer will not during leave be allowed to count as emoluments the sub-protem allowances which he would have been entitled to so count under Article 486 (h) had he remained on duty, if another officer has been appointed sub-protem to the same appointment during the period of such leave. But if his absence on departmental or recess leave is reckoned as service under Article 409, only the allowances, if any, actually received during such leave should be taken into account.

2. If, during the last three years of his service, an officer has been absent from duty on leave without allowances (not counting for pension) or in inferior service, or suspended under such circumstances that the period of suspension does not count as service, the periods so passed should be disregarded in the calculation of the average, on equal period before the three years being included.

2–A. In the case of military officer, departmental officer, warrant or non commissioned officer or soldier who was in civil employ on 7th June, 1937 and was or may be granted a pension under military Rules on or after the 30th May, 1933 and whose pay has been reduced under clause (b) of Article 526, emoluments for purpose of ascertaining the average shall be taken at what they would have been had the pay not be reduced.

3. Excepting as provided in rules 1, 2 and 2–A, only emoluments actually received can be included in the calculation. For example, when an officer is allowed to count time retrospectively towards increase of pay, but does not receive retrospectively the intermediate periodical increments, these intermediate increments are not reckoned in the calculations.

4. In the case of section-writers whose service has been allowed to count for pension under special orders of the Government of India, and of press servants whose service qualifies under Article 980, "Average Emoluments" means the average earnings of the last seventy-two months in superior service.

NOTE 1. This rule applies in the case of a press servant remunerated by a fixed rate of pay if his pay is met from the grant for piece work.

NOTE 2. Overtime earnings of press servants paid at piece-work may be taken into account in calculating Average Emoluments under this rule; but such earnings must be excluded in reckoning the Average Emoluments of Press employees who drew pay at fixed rates.

NOTE 3. If during the last 72 months of service a press servant has been for some period on fixed pay and for other periods a piece work employee, overtime earnings may be taken into account in calculating pension only for the periods during which he was remunerated at piece-work rates.

Decisions of the Government of India

(1) In the case of an officer who has submitted a medical certificate of incapacity for further service while on leave other than privilege leave, the period of leave up to the date of its termination when that is later than the date of medical certificate should be taken into account for the purpose of calculating Average Emoluments.

[Government of India, Finance Department No. 5179–P, dated the 10th December, 1896]

(2) In the case of a piece-worker leave without pay in this rule means only sanctioned periods of leave and not casual absence without allowances.

[Government of India, Finance Department No. 1225–P, dated the 5th March, 1909]

(3) (a) In cases in which a piece–work employee in Press establishment is remunerated at different times during the last three years of his service by his fixed pay and piece rates, average emoluments should be calculated on the last 12 months’ service according to rule 4 under Article 487 of the C. S. R.

(b) In cases where a piece-work employee retires on a date other than the Ist day of a month and broken periods of a month have consequently to be taken into account in calculating pension, average emoluments should be calculated on the earnings of the last 72 complete months, ending on the last day of the month immediately preceding that in which the officer retires from the service, the "month" referred to above being not necessarily the calendar month but the month for which the accounts of piece-workers, earnings are made out, namely from one date in a calendar month to the corresponding date of the next calendar month.

(c) In cases where leave without allowances or suspension occurs during the 72 months’ service, an equal period of qualifying service rendered immediately before the period should be taken into account in accordance with the principle laid down in Rule 2 under Article 487 of the C.S.R.

[Government of India, Finance Department no. 7479-P, dated the 10th December, 1903]

(4) Leave without allowances in Rule 2 under Article 487 is extraordinary leave granted under Article 339 (now 306), C.S.R. and not furlough or/other leave which but for the operation of Article 147 (iii) would carry leave allowance, and that such leave whether it actually carries leave allowances or not, is leave with the allowances for the purposes of the rules under Article 487, C.S.R.

[Government of India, Finance Department no. 927-P, dated 15th February, 1906]

(5) In the calculation of average emoluments of an officer drawing commission who was deputed to temporary duty for some time during the last three years of his service and drew pay the commission earned by him during the three years should be divided by the period for which he was in his substantive appointment during those years, the period of deputation being disregarded.

[Government of India, Finance Department no. 3090-P, dated the 24th May, 1907]

(6) It has been decided by the Government of India that the local allowances drawn by part time observers holding substantive appointment in Government service should be treated as "remunerative" local allowance which should count towards leave allowances and pensions.

[Government of India, Revenue and Agriculture Department letter no. 156-75-2, dated the 28th January, 1916]

(7) Fees or commission to be included in "assumed pay"—In the case of an officer transferred to foreign service who was, prior to his transfer, in receipt of fees or commissions in addition to pay, Government of India decided that if the fees or commission are reckoned towards pension under Article 487, C.S.R. they may be included in "assumed pay" [Article 754 (b) (ii) C.S.R.] the amount of the fees or commission being taken at the average earnings for the last six months previous to the date of transfer.

[Government of India, Finance Department no. 5275-P, dated the 16th December, 1896]

Audit Instructions

1. For purposes of calculation of "average emoluments" under this article an increase of pay which took effect during the currency of privilege leave combined with furlough during the last three years of service, and was actually drawn by a government servant as part of his privilege leave allowances under Article 60, Civil Service Regulation, is not an "increase in pay not actually drawn" within the meaning of proviso (a) to Rule I under this article the rate of pay during the furlough portion to be taken into account for the calculation of "average emoluments" would be what the government servant would have drawn had he been on duty, i.e., the increased rate of pay drawn during the privilege leave portion of the combined leave.

2. The principle underlying paragraph I above applies in the case of a government servant who takes leave under the Fundamental Rules during the last three years of his service and who, during the currency of the leave on average pay not exceeding four months or the first four months of any period of leave on average pay exceeding four months, is promoted in a substantive or provisionally substantive capacity to a post carrying a higher rate of pay or earns an increment which is not withheld. In such a case the Government servant is entitled in respect of the period of his leave to count the pay which he would have drawn had he remained on duty as ‘emoluments’ for the purpose of Article 487, Civil Service Regulations, even though the increase in pay due to promotion or increment is not actually drawn during leave under the Fundamental Rules corresponding to privilege leave.

3. Periods of joining time which fall within the last three years of a government servant’s service should form part of the three years of the purposes of "average emoluments".

In cases of joining time falling under clauses (a) and (c) of Fundamental Rule 107, where the pay of a particular post is drawn, the actual "emoluments" (not the actual joining time allowance), drawn should be taken for the purpose of average emoluments. In cases of joining time falling under clause (b) (ii) of Fundamental Rule 107 during which leave salary is drawn and in cases falling under clause (b) (i) of, and note 2 to Fundamental Rule 107, during which no pay or leave salary is drawn, the pay (i.e., emoluments) which would have been drawn (but for a Rule or order not allowing it), if the government servant had not been on joining time should be taken into account in the calculation of "average emoluments".

4. Basis of recalculation of pension in the case of non-superior officers transferred to foreign service before September 5, 1928.

[See Audit Instruction under F.R. 117 in the Financial Handboook, Vol II]

5. Basis for calculation of pension, in respect of seasonal establishments governed by Article 369, Civil Services Regulations.

For purposes of calculation of average emoluments for pension, in respect of seasonal establishments, the whole of the last three years of service including the periods which count but during which no emoluments were drawn should enter into calculation and not merely the periods during which emoluments were drawn. The emoluments that should be taken into account should under Rule 3 below Article 487, Civil Service Regulations, be those actually drawn during that period.

Allowances which do not count

488. An officer cannot count the following allowances :

(1) Local allowances and deputation (local) allowances ;

(2)

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(3) House-rent allowance, or estimated value of free quarters ;

(4) Tour and other allowance (to officers who accompany the Viceroy or any Government) ;

(5) Compensation for dearness of provisions.

Net emoluments taken

489. Any part of an officer’s pay or emoluments, which is specially intended to provide for expenses incidental to his duty, must be excluded.

The following are examples of the operation of this article:—

(1) When an officer’s pay is intended partly to cover the expense of his providing or keeping a horse, his pay must be taken only at what it Would be if it was not intended to cover such expense. When a watercarrier’s pay includes for a bullock, his pay must be taken at what it would be if he were not required to keep a bullock.

(2) When a consolidated pay specially includes tentage, travelling allowance, or house allowance, these must be deducted ;

(3)

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(4) When an officer’s pay is fixed at two rates, a smaller rate during stationary duty and a higher rate during periods passed on tour or travelling, the former rate alone should be the basis of the calculation.

490. When service on temporary duty counts for pension under Article 376, the pay of the permanent appointment held by the officer, and not that drawn in respect of the temporary duty, is taken into consideration in determining the amount of pension, unless the officer draws a deputation (duty) allowance under the provisions of Article 76-C or Article 81.

491. The preceding article does not apply to an officer duputed temporarily to service in the Income-tax Department or to an officer deputed on abolition of his appointment to special duty (Article 397), or to an officer who, when his appointment was abolished, was on special duty. In these cases the full allowances are counted.

Combination of Appointments

492. If an officer has held more than one appointment, in respect of each of which, if he had held it separately and alone, pension would have been admissible to him, the pension admissible to him is the sum of the several pensions which would have been admissible to him if he had held each office separately and alone. The consolidated pension thus admissible is subject to the limitations prescribed in Articles 474 to 480 and 481.

493. An officer is not entitled, for service in an office conjointly with another office to any pension which would not have been admissible to him if he had held the office separately and alone.

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