PART IV—ORDINARY PENSIONS

CHAPTER XV—General Rules

SECTION I—Extent of Application

348–A. Every pension shall be held to have been granted subject to the conditions contained in Chapter XXI.

(a) to (g) Not printed.

(h) Police Officers drawing less than Rs. 20 a month. (See CHAPTER XX )

(i) to (k) Not printed.

349–A. (1) The rules in Articles 404–A, 465–A, 474–A and 475–A apply to officers ..................................... appointed substantively to the service or the appointments specified below who—

(a) joined their appointments after 29th August, 1919,or

(b) were in service on 29th August, 1919 but have definitely elected in writing with the permission of Government to come under them.

N. B. —Officers who were appointed in England during the year 1919 should, for the purpose of this Article, be treated as in service on the 29th August, 1919, even if they jointed their appointments after that date.

These rules in the case of officers subject to them replace the rules in Articles 403, 404, 465, 474 (b), 475 and 476 (c).............................

The Agricultural Department—Provincial Branch.

The Civil Veterinary Department—officers of and above the rank of Deputy Superintendent.

The Educational Department—Provincial Service.

Inspectors of Factory and Boiler Inspection Departments.

The Forest Department—Provincial Officers of and above the rank of Assistant Conservator.

The Provincial Civil Service—Executive and Judicial.

The Medical Department—Civil Surgeons and Civil Assistant Surgeons, Professors of Medical Colleges and Chemical Examiners.

The Police Department—Deputy Superintendents.

The Public Works Department—Officers of the Provincial Engineer Services.

The Registration Department—Officers of or above the rank of District Registrar.

The Jail Department—Officers of and above the rank of Superintendent.

Superintendent, Government Press.

Deputy Registrar of the Allahabad High Court.

Assistant Secretaries to the Government of the Uttar Pradesh.

Agriculturar Engineers in pensionable service.

Deputy Director of Gardens, Uttar Pradesh.

Any other officer eligible for an additional pension under Article 475–A.

Under Secretaries to the Government of Uttar Pradesh promoted from the posts of Assistant Secretaries to Government.

Uttar Pradesh Finance and Accounts Service.

Superintending Engineer, Public Health Department, Uttar Pradesh.

Secretary, Legislative Assembly, Uttar Pradesh.

Secretary Legislative council Uttar Pradesh

Deputy Secretary to Government.

Chief Inspector of Offices.

Director of Industries.

Deputy Director of Industries

Professor, Thomason Civil Engineering College, Roorkee.

Examiner, Local Fund Accounts.

Second Deputy Registrar, Co-operative Societies.

(2) The State Government may include in the list in clause (1) any gazetted services or appointments the duties of which are so important that they cannot be regarded as subordinate.

NOTE 1. An officer who does not hold substantively one of the appointments mentioned above, but who by rendering officiating service counting as effective service in one of the appointments included in the schedule appended to Article 475-A, becomes eligible for an additional pension, is entitled to the benefits of this article, provided, in the case of officers who were in service on 29th August, 1919, they have definitely elected the rules referred to in the preamble of the article.

NOTE 2. Article 474 A shall not apply to government servants (other than those who were in subordinate service on December 31, 1935 and who may be promoted to a provincial service after that date) appointed on or after January 1, 1936.

NOTE 3. article 475 A shall not apply to Deputy Secretaries to Government other than members of All-India or Central Services, appointed on or after January 1, 1936.

349–B. Not printed.

350. All establishments, whether temporary or permanent, shall be deemed to be pensionable establishments:

Provided that it is open to the State Government to rule that the service in any establishment does not qualify for pension.

(The amendment shall be deemed always to have been substituted.).

1. Service in Dak Bungalow and District Garden Establishments does not qualify.

2. The service of a Patwari, whether appointed before or after the abolition of the Patwari or Village Officers’ Cesses and Funds, does not qualify in any case in which it did not qualify prior to that abolition.

3. Service in non-gazetted posts in Government Technical and industrial institutions in the Uttar Pradesh does not qualify in the case of persons appointed to such posts on or after November 16, 1938.

351. Future good conduct is an implied condition of every grant of a pension. The State Government ................................................... reserve to themselves the right of with holding or withdrawing a pension or any part of it, if the pensioner be convicted of serious crime or be guilty of grave mis-conduct.

The decision of the State Government on any question of witholding or withdrawing the whole or any part of pension under this regulation shall be final and conclusive.

NOTE—This rule is applicable to all the officers enumerated in Article 349 except.......................................... Army Veterinary officers of the Civil Veterinary Department.

Provided that—

(a) such departmental proceedings, if not instituted while the officer was on duty either before retirement or during re-employment—

(i) shall not be instituted save with the sanction of the Governor,

(ii) shall be in respect of an event which took place not more than four years before the institution of such proceedings, and

(iii) shall be conducted by such authority and in such place or places as the Governor may direct and in accordance with the procedure applicable to proceedings on which an order of dismissal from service may be made.

(b) judicial proceedings, if not instituted while the officer was on duty either before retirement or during re-employment, shall have been instituted in accordance with sub-clause (ii) of clause (a), and

(c) the Public Service Commission, U.P., shall be consulted before final orders are passed.

Explanation—For the purposes of this article—

(a) departmental proceedings shall be deemed to have been instituted when the charges framed against the pensioner are issued to him, or, if the officer has been placed under suspension from an earlier date, on such date; and

(b) judicial proceedings shall be deemed to have been instituted :

(i) in the case of criminal proceedings, on the date on which a complaint is made, or a charge-sheet is submitted, to a criminal court; and

(ii) in the case of civil proceedings, on the date on which the plaint is presented or, as the case may be, an application is made, to a civil court.

NOTE—As soon as proceedings of the nature referred to in this article are instituted the authority which institutes such proceedings shall without delay intimate the fact to the Audit Officer concerned.

SECTION II–CASES IN WHICH CLAIMS ARE IN ADMISSIBLE

352. In the following cases no claim to pension is admitted :—

(a) When an officer is appointed for a limited time only, or for a specified duty, on the completion of which he is to be discharged.

(b) When a person is employed temporarily on monthly wages without specified limit of time or duty; but a month’s notice of discharge should be given to such a person, and his wages must be paid for any period by which such notice falls short of a month.

(c) When a person’s whole-time is not retained for the public service, but he is merely paid for work done for the State.

1. This clause applies, among others, to the following officers :— Advocate General, Solicitor to Government, Government Pleaders and Law Officers not debarred from private practice .............................

(d) When a public servant hold some other pensionable office he earns no pension in respect of an office of the kind mentioned in clause (c) or in respect of duties paid for by a Local Allowance.

(e) When an officer serves under a convenant which contains no stipulation regarding pension, unless the State Government specially authorises, an officer to count such service towards pension.

Misconduct or Inefficiency

Decisions of the State Government

1. In cases where compassionate allowances are granted under this article, condonation of deficiencies in service will not be allowed under Article 423.

2. In order to avoid delay in the payment of compassionate allowances pending submission of a formal application therefor the following procedure has been ordered to be adopted :—

(1) 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 first page of the application for pension in Form 25, or the first and second pages of Form 26 (in Appendices to the Civil Service Regulations), as the case may be, and send it to the Audit Officer concerned for report on the title to pension. The head of the office should not wait for an application in Form 26 signed by the officer.

(2) If the competent authority in issuing orders of removal states that a certain proportion of the invalid pension is to be granted as compassionate allowance no further sanction to pension is necessary, and all that is required is that the Audit 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 (1) above.

[Finance (A) Department, G.E. no. A–548/X—153, dated June 16, 1934].

353–A. Not printed.

354. Deleted.

Limitations

355. (a) An officer cannot earn two pensions in the same office at the same time, or by the same continuous service.

(b) Two officers may not simultaneously count service in respect of the same office.

Military Service

356. (a) Service rendered by an employee belonging to one of the classes mentioned in Note 2 below, after attaining the age of 20 years, which is pensionable under military Rules but which terminates before a pension has been earned in respect of it, may, at the discretion of the State Government be allowed to count, when followed by service qualifying for pension under civil Rules as part of such service, provided that any bonus or gratuity received in lieu of pension on, or since, discharge from military service, shall be refunded in such number of monthly instalments not normally exceeding 36 and beginning from such date, as in each case the State Government may decide. Service so allowed to count shall, however, be restricted to service, within or outside the employee’s unit or department, in India or elsewhere, which has been paid for from Indian Revenues or for which a pensionary contribution has been received by Indian revenues.

(b) Service pensionable under military Rules which does not terminate before a pension has been earned in respect of it shall not be allowed to count for pension under civil rules without the sanction of the State Government.

NOTE. 1—An officer, ex-soldier, ex-sailor or ex-airman will not be brought under the operation of this Article as a matter of course. Each case will be decided on its merits, e.g., there may be cases in which it may be open to a claimant for pension to add military service during the Great War to former non-pensionable service in the Army in order to claim the benefit of a military pension. In such cases it may be to the advantage of the claimant that he should not be brought under the operation of this Article. The bearing of paragraph 574 of the Pay and Allowance Regulations of Army in India. Part II on the position of soldiers of the Indian Army who re-entered during the Great War, deserves consideration in this connection.

NOTE 2—The Article applies to Commissioned officers, junior commissioned officers, warrant officers, non-commissioned officers and other enrolled personnel of the Army, and the corresponding categories of the Navy and Air Force. It also applies to the personnel of the Frontier Constabulary and Militias, non-combatant departmental and regimental employees and followers of the supplemental service and warrant officers and Departmental officers of the Commissary and Assistant Surgeon Classes.

NOTE 3—To be eligible for the concession in this Article, the individual concerned should take his discharge from the Army, Navy or Air Force within 12 months of the date of his confirmation in the appointment pensionable under civil rules. This limit may, in special cases, be relaxed by the Government of India.

NOTE 4—Employees in the Military Police have the option of counting service under any other rules in these Regulations which would give them a similar or more liberal concession.

NOTE 5—Employees who were in service in an appointment pensionable under civil rules on the 22nd February, 1921, are eligible to count service under the Rules which were in force before that date, where these rules are more advantageous to them.

NOTE 6—A person permanently appointed to the Civil Police Force or to a post in the Jail Department of an administration subordinate to State Government who before such appointment has served in the reserve of the Indian Army, may if his military service, whether or not including service with the colours in addition to service in the reserve, was pensionable under military Rules but terminated before he had qualified for pension, be permitted, at the discretion of the Head of the administration, and subject to the provisions contained in this Article, to count for civil pension the whole of his service with colours, if any and half his service in the reserve.

Explanation—For the purposes of this Article service rendered in the Indian/Royal Navy or the Indian/Royal Air Force shall also be deemed to be service which is pensionable under Military rules.

Rule

When the military service of an officer is classified as inferior under the provisions of Article 357, Civil Service Regulations, so much of it as was rendered after attaining the age of 16 years may be allowed to count for the purposes of a Civil pension under the provisions of Article 356, Civil Service Regulations.

Decisions of the State Government

1. All ex-soldiers, whether British or Indian and Indian Commissioned officers, who are employed in the Police and Jail Departments and have served therein for not less than 10 years, or for less than 10 years, if invalid before completing this period, may at the discretion of the head of the department concerned, count for civil pension such period of their military service (including service in the Militia and Frontier constabulary in the North-West Frontier Province) as has been rendered after the age of 20 years, subject to the limitation that the military service so allowed to count shall in no case exceed ten years. These orders apply also to those officers of the military police who do not enjoy a similar or more liberal concession under other Rules in the Civil Service Regulations.

2. Government servants under the rule-making control of the State Government who have rendered satisfactory paid military service in the Great War in addition to military service pensionable under the military rules rendered before or after such War service but who did not earn a pension by their War service in conjunction with other military service have the option of having their war Service, i.e., the period of service rendered between August 4, 1914 and August 31, 1921, dealt with either under Article 356 or under 357-A of the Civil Service Regulations whichever may be more advantageous to them subject to the limitations prescribed in those articles. This concession will apply only in the case of those government servants who have retired or may retire on or after May 28, 1929. If the War service is counted under Article 356, the State Government have decided that the whole of it will count and the maximum benefits permissible under it will be allowed, but if under Article 357-A, only completed years up to a maximum of four years ; and in the latter case the residue of War service cannot then be coated under Article 356.

If the entire military service including war service is dealt with under Article 356, the whole of the gratuity received in lieu of pension (but not that portion given as a reward for War service) will have to be refunded by the officer concerned. If, however, the portion which was War service is dealt with under Article 357-A, and the rest of the military service before or after War under Article 356, the amount of the gratuity which the officer will refund in respect of the latter portion should bear the same proportion to the total amount of gratuity received in lieu of pension as the period dealt with under Article 356 bears to the total period of military service including the period of War service.

For the purpose of these orders it is immaterial whether or not there was a break between the War service and other military service.

3. The concession of counting for civil pension previous military service rendered outside India and not paid for from Indian revenues sanctioned by the Secretary of State has been extended by the State Government, with effect from July 30, 1934, to similar British and Indian ex-soldiers who were or are employed in the Police, Medical and Jail departments, i.e., who were already in service in the Police department on June 30, 1917, or in Medical and Jail departments on March 26, 1920, or who joined these departments before February 22, 1921, and who retired or may retire on or after March 9, 1926.

4. With reference to Note—2 below Article 356 civil authorities employing ex-service commissioned officers should address the following authorities regarding the verification of military service in the form given below as Appendix ‘A’ with suitable modifications to suit their requirements :—

(a) Ex-Army Officers—

Requests for verification of military service in respect of JCOs, other Ranks and NCsE, and their equivalents in the Navy and the Air Force should be addressed along with two copies of the Appendix ‘A’. (Suitably modified to meet their requirements), as under :

APPENDIX "A"

Certificate of verification of military service of no................ Rank................., Name....................., Unit.................... Re-enrolled in the .................. as.............. from...................

The information required for verification of war/Military service for the purpose of counting towards civil pension under Articles 356/357 of the Civil Service Regulations and relating Orders is given as under :

COUNTERSIGNED

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APPENDIX "B"

List of Record offices maintaining records of JCOs/OR?NCsE and corresponding ranks in the Navy and the Air Force

Officer-in-charge Records.,

Armoured Corps, Ahmednagar.

Artillery Depot and Records, Mathura.

Madras Engineer Group Record Office, Bangalore.

Bengal Engineer Group Record Office, Roorkee.

Bombay Engineer Group Record Office, Kirkee.

Signals Record Office, Jubulpore.

Brigade of the Guards Record Office, Kotah.

Punjab Regiment Record Office, Meerut.

Madras Regiment Record Office, Wellington.

The Grenadiers Record Office, Nasirabad.

Maratha Light Infantry Record Office, Belgaum

Rajputana Rifles Record Office, Delhi Cantt.

Rajput Regiment Record Office, Fatehgarh.

Jat Regiment Record Office, Bareilly.

Sikh Regiment Record Office, Meerut Cantt.

Dogra Regiment Record Office, Meerut Cantt.

Garhwal Rifles Record Office, Lansdowne.

Kumaon Regiment Record Office, Ranikhet.

Assam Regiment Record Office, Shillong.

Sikh Light Infantry Record Office, c/o Punjab and Sikh Light Infantry Regimental Centre, Meerut Cantt.

Bihar Regiment Record Office, Dinapore.

Mahar MG Regiment (Boarders) Record Office, Saugor.

1. Gorkha Rifles Record Office, Sabathu.

3. Gorkha Rifles Record Office, Dehra Dun.

4. Gorkha Rifles Record Office, Sabathu.

5. Gorkha Rifles Record Office, Dehra Dun.

8. Gorkha Rifles Record Office, Dehra Dun.

9. Gorkha Rifles Record Office, Dehra Dun.

11. Gorkha Rifles Record Office, Clement Town.

J & K Regiment Record Office, Morar (Gwalior).

Para Regiment Depot and Record Office, Agra.

ASC (Supply) Record Office, Bangalore.

ASC (MT) Record Office, Aurangabad.

ASC (AT) Record Office, Meerut.

Army Postal Service Corps Record Office, Kamptee.

Army Medical Corps Record Office, Lucknow.

Army Ordinance Corps Record Office, Secunderabad.

EME Record Office, Secunderabad.

Remound Veterinary Corps Record Office, Meerut.

Military Farms Record Office, Meerut.

Intelligence Corps Record Office, Poona.

Corps of Military Police, Faizabad.

Pioneer Corps Depot and Record Office, Naini Tal.

Army Education Corps Record Office, Pachmarhi.

Army Physical Training Corps Record Office, Poona.

Gorkha Recruiting Record Office, Kunraghat

Gorkha Recruiting Record Office, Ghoom.

DSC Record Office, Cannanore.

The Captain, Naval Barracks (Drafting Office), Bombay.

Director of Personnel (Airmen), Air HQ Vayu Bhavan, DHQ, PO, New Delhi-11.

[Finance Department’s G.O. no. G-II—771/X—904(1)-1961, dated March 19, 1963.]

Decisions of the Government of India

1. It is permissible under this Article to allow military service interspersed between two periods of civil service to count for civil pension, provided that the conditions laid down in this Article are otherwise fulfilled. The share of pension proportionate to military service in such cases will be borne by the Army Department. Before orders are passed, the military service of the individual concerned and the amount of gratuity paid to him should be verified by reference to the Controller of Military Accounts in each case.

2. When an order is passed under Article 356, Civil Service Regulations, allowing previous military service to count as part of the service qualifying for civil pension it should be taken as carrying with it condonation of breaks, if any, in the military service or the break, if any, between the military service and the civil service.

356-A. A person permanently appointed to the Civil Police Force or to a Post in the Jail Department of Uttar Pradesh who before such appointment has served in the reserve of the Indian Army, may, if his military service, whether or not including service with the colours in addition to service in the reserve, was pensionable under military rules but terminated before he had qualified for pension, be permitted at the discretion of the head of the department concerned, and subject to the provisions contained in Article 356 to count for Civil Pension the whole of his service with the colours, if any, and half his service in the reserve.

357. For the purpose of the foregoing Article, service as private or in any higher combatant rank shall be treated as superior if followed by superior service in an appointment pensionable under civil rules. In other cases, military service shall be treated as superior or inferior according to the character of the appointment in which it was rendered, and with reference to the criteria observed in an appointment pensionable under civil rules. Doubtful cases should be referred to the State Government who enjoy full powers in the matter.

Decision of the Government of India

Except to the limited extent indicated in the opening sentence of this article, the classification of military service which is allowed to count for civil pension depends not on the character of the subsequent civil employment but on the character of the military appointment in which it was rendered. Military service rendered prior to civil employment has thus to be classified as inferior or superior according as to whether it would have been inferior or superior had it been rendered in a similar appointment pensionable under civil rules.

The following principles should be adopted in the classification of military service counting for civil pension as "superior" or "inferior" :

(a) Service as a sepoy or service in any equivalent or higher combatant rank should be treated as "superior", and as a follower as "inferior" whether such service is followed by "superior" or "inferior" civil service ;

(b) Service rendered in any other capacity in an appointment under the Defence department should be treated as "superior" or "inferior" according to the classification of any civil post carrying duties of a similar character, and

(c) Any doubtful cases should be referred to Government of India for orders.

NOTE—All Royal Indian Navy ratings are viewed as combatants and their service as such should therefore be considered as "superior".

357-A. Civil employees other than members of All-India Service (of other services or department governed by special orders), who prior to their civil employment, have rendered satisfactory paid service between August 4, 1914, and August 31, 1921, in His Majesty"s Military, Naval or Air Forces, British or Indian, which did not earn a service pension under the Military, Naval, or Air Force Rule, shall be allowed to count such military service, including all kinds of leave on full rates of pay and sick leave taken during such service, for the purpose of civil pension, subject to the observance of the following general principles :

(1) Completed years of military service shall be allowed to count up to a maximum of four years.

(2) In the case of services in which a minimum age is fixed for recruitment no military service rendered below that age shall be allowed to count for pension.

(3) The addition of war service shall not be included in total service under Article 408 for the purpose of counting leave as service for pension, nor allowed in addition to the concession in Article 403 or 404-A, but any government servant who may be entitled to the concessions admissible under the latter articles and to the concession in this Article will be allowed to select whichever is more favourable.

(4) British and Indian military service shall be allowed to count alike for pension and no contribution towards or share of, a pension earned as a result of this concession shall be claimed from the Home Government.

(5) No refund of military vonus or gratuity shall be demanded from the employee.

NOTE—In the case of services in which no minimum age is fixed for recruitment the rule in the above article should be interpreted as follows :—

(a) war service rendered after the age of 20 should be allowed to count for civil pension on the superior scale, if the war service was superior ;

(b) war service rendered after the age of 16 should be allowed to count for civil pension on the inferior scale, if the war service was inferior ;

(c) war service of the superior category rendered rendered at any age should be allowed to count for compensation gratuity on the superior scale.

Decisions of the State Government

Government servants under the rule-making control of the State Government, who have rendered satisfactory paid military service in the Great War in addition to military service pensionable under the military rules rendered before or after such war service but who did not earn a pension by their war service in conjunction with other military service, have the option of having their war service, i.e., the period of service rendered between August 4, 1914 and August 31, 1921, dealt with either under Article 356 or under 357-A of the Civil Service Regulations whichever may be more advantageous to them, subject to the limitations prescribed in those Articles. This concession will apply only in the case of those government servants who have retired or may retire on or after May 28, 1929. If the war service is counted under Article 356, the State Government have decided that the whole of it will count and the maximum benefits permissible under it will be allowed, but if under Article 357-A, only completed years up to a maximum of 4 years; and in the latter case the residue of war service cannot then be counted under Article 356.

If the entire military service including war service is dealt with under Article 356, the whole of the gratuity received in lieu of pension (but not that portion given as reward for war service), will have to be refunded by the officer concerned. If, however, the portion which was war service is dealt with under Article 357-A and the rest of the military service before or after war under Article 356, the amount of the gratuity which the officer will refund in respect of the latter portion should bear the same proportion to the total amount of gratuity received in lieu of pension as the period dealt with under Article 356 bears to the total period of military service including the period of war service.

For the purpose of these orders it is immaterial whether or not there was a break between the war service and the other military service.

Decisions of the Government of India

1. The words "civil employment" in Article 357-A, Civil Service Regulations, should be regarded as including "civil re-employment."

2. Two or more periods of war service rendered between August 4, 1914 and August 31, 1921, can be added together and the total period counted towards civil pension without any need for condoning the breaks between those periods.

357-B. Not printed.

357-C. Civil employees who, prior to their appointment in Provincial Services against war reserved vacancies which arose for direct recruitment before January 1, 1948, and for which recruitment is ordinarily made on the results of a competitive examination, had rendered satisfactory paid whole-time, enlisted or commissioned "war service" between the 3rd September, 1939, and the 1st April, 1946, in the Armed Forces of India or similar Forces of a Commonwealth country which did not earn a service pension under the Military, Naval or Air Force Rules shall be allowed to count such "war service" including all kinds of leave on full rates of pay and sick leave taken during such service, for the purpose of civil pension, subject to the following condition :

(1) The date on which a "war service" candidate enters civil service will for the purposes of pensionary rights, be deemed to be the corresponding date in the year to which he has been allocated in accordance with subparagraph (2).

(2) A "war service" candidate will be deemed to have been appointed to the service in the year in which he would have been appointed had he passed the competitive examination at his second possible attempt and will be allotted to that year :

Provided that any service candidate who entered "war service" after he had two opportunities of competing for recruitment by competitive examination shall be allotted to the year in which he would have been appointed had he passed the next examination following the date of his entry into "war service".

NOTE—The year of a candidate’s second possible attempt will be determined by the date of his birth in relation to prescribed minimum age limit of the service to which he seeks employment.

(3) In the case of service/posts in which a minimum age is fixed for recruitment no "war service" rendered below that age shall be allowed to count for pension, and in the case of services/posts in which no minimum age is fixed, no portion of "war service" rendered before attaining the age of 20 shall be allowed to count for pension.

(4) The addition of "war service" shall not be included in total service under Article 408 of these regulations for the purpose of counting leave as service for pension.

(5) "war service" rendered in the Armed Forces of India and in similar Forces of a Commonwealth country shall be allowed to count alike for pension; no contribution towards or share of a pension earned as a result of this concession being claimed from the foreign Government concerned.

(6) No refund of bonus or gratuity paid to the employees in respect of such "war service" shall be demanded from the employee.

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