ALL INDIA SERVICES (DEATH-CUM-RETIREMENT BENEFITS) RULES, 1958

In exercise of the powers conferred by sub-section (1) of Section 3 of the All India Services Act. 1951(61 of 1951), the Central Government, after consultation with the Governments of the State concerned, hereby makes the following rules, namely:-

1.Short title and application

(1) These rules may be called the All India Services (Death-cum-Retirement Benefits) Rules, 1958.

1(2) (a) Subject to the provisions of clause

(b) of this sub-rule, they shall apply to all persons who retired from the Service on or after the 29th October, 1951.

1(2) 1 (b) They do not apply to those members of the Service who were promoted to the Service from the State Services or were appointed to the Service under the Indian Administrative Service (Extension to States) Scheme or the Indian Police Service (Extension to States) issued by the Central Government before the coming into force of those rules, were given an option in the matter of pension rules, by which they would be governed and who in exercise of that option, chose to be governed by the Superior Civil Services Rules, the Civil Service Regulations, or the pension rules of the State concerned, as the case may be:

Provided that the members of the Service to whom these rules do not apply, and who were in service on the 1st January, 1964, may opt to be governed by these rules in accordance with such orders as may be issued by the Central Government this behalf.

GOVERNMENT OF INDIA'S DECISIONS UNDER RULE 1

(1) The Government of India decided to give option to certain categories of officers to elect the old Rules by which they were governed previously of the pension rules as applicable to officers of the Central Services Class I. The following categories of officers were accordingly given the option indicated against them. The option was to be exercised in writing and communicated to the Accounts Officer within the stipulated time-limit. The option once exercised was final.

The officers who elected to be governed by the pension rules as applicable to officers of the Central Services, Class-I, were subsequently brought under these Rules after they were promulgated.

(2) The Government of India have decided that, where death-cum-retirement gratuity has been drawn under the Liberalised Pension Rules by an officer who subsequently opted to be governed by the Old Pension Rules, the gratuity amount shall first be offset against any arrears of pension that may become due to him consequent on opting for Old Pension Rules. The remaining amount if any, may be recovered in one of the following methods. The officer concerned may also be given the option to elect for one of these two methods:-

(i) the death-cum-retirement gratuity may be recovered in one lump-sum where this is possible or in such number of instalments as, in the opinion of the State Government will not put the officer to undue hardship subject to the condition that the number of such instalments does not exceed twelve. Where the amount is proposed to be recovered in instalments, a bond or other instrument may be taken from the officer binding himself and his heirs to refund the excess of death-cum-retirement gratuity recoverable from him;

(ii) the death-cum-retirement gratuity may be treated as the commuted value of pension and adjusted accordingly. This method will be applicable only to those officers who have not already commuted any portion of their pension or have commuted less than the permissible limit, viz., half of the annuity. Where an officer had already commuted to the extent of one-third and becomes eligible for commuting one-half pension consequent on opting for Old Pension Rules, he need not be subject to a further medical examination. In the case of officer, who had not commuted any portion of their pension earlier the gratuity recoverable from them should be treated as automatic commutation of pension and the revised rate of pension reduced by the pension equivalent of gratuity as on age next birth day after retirement. They need to undergo medical examination only in case they desire to commute their pension further. The amount that may become admissible may then be set off against the amount of gratuity already received by the officers and the balance, if any, recovered in one instalment.

(2.2) Individual cases of hardship may, however, be referred to the Government of India as and when they arise.

[G.I., M.H.A. letter No. 2/16/56-AIS (II) Pt. II, dated 31st March 1958, read with 2/33/58-AIS(III), dated 8th April, 1959 and 2/43/59-AIS(III), dated 17th June, 1959.]

(3) It has been decided to extend these rules to officers who retired/dies before 29th October, 1951, but elected or are deemed to have elected these rules under the option given to them. It has also been decided that, in appropriate cases, provisions of article 487-A of the Civil Service Regulations may be applied, although these rules do not contain a similar provision.

[G.I., M.H.A. letter No. 2/28/59-AIS(III), dated 24th April, 1959, read with letter No. 2/41/59-AIS(III), dated 24th August, 1959.]

(4) A question arose whether Indian Police Officers who elect to be governed by the All India Services (Death-cum-Retirement Benefits) Rules, 1958, had the right to retire under Premature Retirement Rules. Rule 30 of the All India Services (Death-cum-Retirement Benefits) Rules, 1958, has replaced only the corresponding provisions in the Superior Civil Service Rules, the Civil Services Regulations etc. and not the Premature Retirement Rules. The above category of Indian Police Officers shall therefore, retain the right to retire under the Premature Retirement Rules. In case of retirement under Premature Retirement Rules the pension shall, however, be determined under those Rules, and not under the All India Services (Death-cum-Retirement Benefits) Rules, 1958.

[G.I., M.H.A. letter No. 2/10/59-AIS(III), dated 9th August, 1960.]

2.Definitions

(1) In these rules, unless the context otherwise requires:-

2(1)(a) "Accounts Officer" means such officer as may be appointed by the Comptroller and Auditor General of India;

2(1)2 (a) "average emoluments" means the average of the emoluments drawn by a member of the Service during the last ten months3 of his service;

NOTE -(i) If during the last ten months3 of his service, a member of the Service has been absent 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 as what they would have been had he not been absent from duty or suspended.

(ii) If during the last ten months of his service a member of the Service has been absent from duty on leave without allowances (not counting of pension) or suspended under such circumstances that the period so passed does not count as qualifying service, the period of such leave or suspension shall be disregarded in the calculation of the average, an equal period before the ten months being included.

(iii) In the case of a member of Service who, while on leave preparatory to retirement is confirmed in the higher post which he held in an officiating or temporary capacity before proceeding on such leave, his substantive emoluments in the higher post, which he would have drawn had he been on duty, shall be taken into account for thepurpose of calculation of his average emoluments.

(a) in a cadre post; and

(b) in an ex-cadre post if it is fully met out of the Consolidated Fund of either the Union or the State;

5(iii-b) in the case of a member of the Service who was deputed to any foreign service post during the last 10 months of his service the pay should be reckoned with reference to his entitlement in the Cadre or the pay which he would have drawn in a post under the Central Government, had he been on central deputation. For this purpose, the certificate given by the State Government on whose cadre the member is borne, regarding the pay he would have drawn in the cadre, or the certificate given by the Central Government regarding the pay he would have drawn in a post under the Central Government, had he not gone on foreign service, would be treated as sufficient.

(iv) Except as provided in clauses (i),(ii),(iii),(iii-a) and (iii-b) above, only emoluments actually received shall be included in the calculation. For example, where a member of the Service is allowed to count time retrospectively towards increase of pay but does not receive retrospectively the intermediate periodical increments, these increments shall not be reckoned in the calculation of average emoluments.

(v) Period of joining time which fall within the last ten months 6 of service of a member of the service shall form part of the ten months for the purpose of average emoluments.

(vi) Where the emoluments of a member of the Service have been reduced during the last 10 months of his service, otherwise than as a penalty, average emoluments may, at the discretion of the Government, be substituted for emoluments for the purpose of calculation of the gratuity or death-cum-retirement gratuity admissible under rule 18 or rule 19.

(vii) In the case of a member of Service, who while officiating in a higher post proceeds on leave and retires or dies while on leave, the benefit of officiating or temporary pay for purposes of this clause and clause (bb) shall be given only if it is certified that the member of the Service would have continued to hold the higher officiating or temporary appointment but for his proceeding on leave.

2(1)(b) "death-cum-retirement gratuity" means the lump sum granted to a member of the Service or his family in accordance with rule 19;

2(1)(bb)7 Emoluments’ means the basic pay that a member of the service was receiving before his retirement/death, as the case may be;

"7 Emoluments" for the purpose of calculation of retirement/death Gratuity, means the pay and Dearness Allowance that a member of the service was receiving on the date of his retirement/death , as the case may be Provided further that those who retire between the 1st day of January,996 and the 31st day of December,1997 shall have an option to retain the pre-revised scales of pay and have their pension and death-cum-retirement gratuity calculated under the rules in force immediately before the 1st day of January, 1996. In such cases the term "Emoluments" shall mean the pay which the member of service was receiving before his retirement or death, as the case may be, and will include Dearness Allowance up to AICPI 1436 and Interim Relief I and Interim Relief II.

Provided also that, in case of the persons who retain pre-revised scales ( i.e. prior to the 1st day of January,996) and retire or die in harness subsequent to the 31st December, 1997, Pension, Retirement Gratuity, Death Gratuity and Family Pension, as may be relevant, shall be calculated in terms of relevant rules as effective from the 1st January, 1996 . The "emoluments" for calculation of pensionary benefits in their case shall be the basic pay in the pre-revised ( i.e. prior to the 1st January, 1996) scale, plus Dearness Allowance as admissible up to CPI 1510 in terms of Ministry of Finance Office Memorandum No.1(5)/96.E II (B) dated the 20th March, 1996 appropriate to the basic pay plus two instalments of Interim Relief at the rates inforce on the 31st December, 1995, appropriate to the said basic pay.

Provided also that in the case of all members of service who opts for the revised scales of pay ( with effect from the 1st January,1996) and retires within ten months from the date of coming over to the revised scale, basic pay for ten months period preceding retirement shall be calculated by taking into account, pay as follows:-

  1. for the period during which pay is drawn in pre-revised scale -Basic pay plus actual Dearness Allowance and Interim Reliefs I and II appropriate to the basic pay at the rates in force on the 1st January, 1996 drawn during the relevant period: and
  2. for the period during which pay is drawn in revised scale-Basic Pay in the revised scale.

Provided that in the case of all members of the Service retiring from Service within ten months of the coming over to the revised scales of pay, 7as revised w..e..f .the 1st day of Jan,1986 emoluments in respect of any period prior to coming over to the revised scale of pay shall include:

(i) Pay other than special pay in the pre-revised 13scale of pay prior to the 1st Jan,1986;

(ii) Dearness allowance, additional dearness allowance and ad hoc dearness allowance appropriate to pay up to Cost of Price Index 608 actually drawn during the relevant period; and

(iii) Interim relief appropriate to pay actually drawn during the relevant period.";

2 (1)(c) "gratuity" means the lump sum specified in sub-rule (1) of rule 18 which may be granted to a person retiring from the Service before completion of 10 years of quallifying service.

28 8 (1)(cc) `Indian Civil Service member of the Indian Administrative Service’ means a person, who was initially appointed to the Civil Service of the crown in India known as the Indian Civil Service and who subsequently became a member of the Indian Administrative Service.

2(1)(d) "leave rules" means the All India Services (Leave) Rules, 1955.

29 (1)(e) "leave with allowances" means leave other than extraordinary leave.

210 (1)(f) "member of the Service" means a member of an All India Service as defined in section 2 of the All India Services Act, 1951, (61 of 1951).

2 11 (1)(g) "Pay" means the amount drawn monthly by a member of the service as pay, other than special pay, against the post held by him at the time of his retirement from service.

2(1)(h) "Pension" menas the amount payable monthly under rule 18 to a person who has retired from the service, in recognition of the service rendered by him to the Government.

2(1)12 (1) Omitted.

2(1)(j) "retirement benefits" includes pension or gratuity and death-cum-retirement gratuity where admissible,

2 13 (1)(jj) "Revised scales of pay’ means the scales of pay introduced with effect from 1st day of January, 1986.

2(1)(k) "Schedule" means Schedule to these rules.

2(1)(1) Deleted.

2(1)13(m) "State Government" means the State Government on whose cadre the member of the Service was borne immediately before retirement or death and in relation to a member of an All India Service borne on a joint cadre, the joint cadre Authority.

2(2) All words and expressions used in these rules and not defined therein but defined in the Pensions Act, 1871 (23 of 1871) or the General Clauses Act, 1897 (10 of 1897), or in the Leave Rules shall have the meanings respectively assigned to them in the said Acts or in the said Rules.

GOVERNMENT OF INDIA’S DECISIONS UNDER RULE 2

  1. Note (iii-b) below clauses (aa) of rule 2(1) provides that in the case of a member of the Service, who was deputed to any foreign service during the last 10 months of his service, the pay should be reckoned with reference to his entitlement in the cadre. For this purpose a certificate given by the State Government would be sufficient. A question has been raised whether State Government can issue such a certificate with reference to an ex cadre post. It has been decided in consultation with the Comptroller and Auditor General of India that the State Government can issue such a certificate with reference to a cadre post only. If a State Government issues such a certificate with reference to a cadre post having regard to the seniority of the officer, its validity cannot be questioned on the ground that the officer concerned never held such a post within the cadre or that there was no vacancy in the cadre during that period against which the certificate has been issued by the State Government.
  2. It has been decided that the additional charge allowance granted to a member of the All India Service under rule 9B of the IAS(Pay) Rules or the corresponding rules applicable to the IPS and IFS should be treated as pay for the purpose of calculation of pension. [DP & AR No. 25011/56/77-AIS (II), dt. 16.2.78.]
  1. The Ministry of Finance (Department of Expenditure) have issued orders treating a portion of dearness allowance as pay for the purpose of calculation of retirement benefits in the case of Central Government servants, who retired on or after 30th September, 1977 vide their O.M. No. 19(4)-E. V/79, dated the 25th May, 1979 (Copy annexed).
  2. The question of extending the above order to members of All India Services, who retired on or after 30th September, 1977 has been considered. It has been decided that out of the dearness allowance admissible, the following amounts shall be treated as pay under sub-clause (iii) of clause (g) of sub-rule (1) of rule 2 of AIS (DCRB) Rules, 1958, in the case of members of All India Services, who retired on or after 30th September, 1977:-

 

(a) Pay range Amount of Dearness Pay
(i) Upto Rs.2157

27% of pay subject to a maximum of Rs. 243.00

(ii) Above Rs.2157 and upto Rs.2399 The amount by which pay falls short of Rs. 2400.00

(b) in the case of officers drawing pay above Rs. 2180/- and retiring on or after 1-12-78, the amount of dearness pay will be as follows in substitution of provisions of para 2(a)(ii) above:-

Pay Range

Amount of Dearness Pay

(i) Above Rs. 2180 and upto Rs. 2380/-

Rs. 220.00

(ii) Rs. 2381 upto 2450/-

(iii) Rs. 2451/- and upto Rs. 2500

Rs.150.00

(iv) Rs. 2501/- and upto Rs. 2599/-

The amount by which pay falls short of Rs.2600/- + Rs.50/-

v) Rs.2600 and upto Rs. 2650/-

Rs.50/-

vi) Above Rs.2650/-

Nil

Officers drawing between Rs. 2157/- and Rs. 2179/- will continue to be governed by the provisions of para 2(a)(ii) above.

The amount of dearness pay as indicated in para 2 above, will be treated as emoluments under clause (bb)(ii) of sub-rule (1) of rule 2 ibid for calculating pension and gratuities. However, there will be no change in the maximum amount of gratuity of Rs. 30,000.00 admissible under rule 19 ibid . or in the minimum emoluments of Rs. 2,500.00 per month that could be taken into account fro computing DCR gratuity, as envisaged in Note below rule 19 ibid.

The amount of dearness pay as indicated in para 2 above, will be taken into account for determining average emoluments as envisaged in sub-rule (1) (aa) of rule 2 ibid for calculating pension except as stated in para 3.2 below.

In the case of officers who have already retired on or after 30.9.1977/1.12.1989 but within 10 months of those dates, the average emoluments will be calculated as follows:

(i)In the case of officers who retired between 30.9.1977 and 28.2.1978.

 

In the case of officers who retired on or after 1.12.1978 but not later than 30.4.1979 and are overned by para 2(b). (b)

  1. In the case of officers who retired after 28.2.1978, and
  2.  

  3. Those who retired after 30.4.1979 and are governed by para 2(b) above

 

One half of Dearness pay appropriate to the pay equal to such average emoluments shall be added to the the average emoluments.

 

 

 

 

 

 

 

Full dearness pay appropriate to the pay equal to such average emolument ssjall be added tp the average emoluments.

 

Pension and gratuities of officers who have already retired or died on or after the 30th September, 1977 shall be recalculated on the above basis, and arrears if any, paid subject to such adjustments as may be necessary. Officer who retired on or after 30th September, 1977, but not later than the 30th April, 1979, will have an option to choose either of the two alternatives below:-

(a) to have their pension and DCR Gratuity calculated on their pay excluding the element of Dearness Pay as indicated in para 2 above in accordance with the rules in force on 30.9.1977 and get graded reliefs on pension to the full extent admissible from time to time;

OR

(b) to have their pension and DCR Gratuity recalculated aftertaking into account the element of dearness pay. In such cases, the first four instalments of graded relief sanctioned upto the average index leval 272 will not be admissible; these pensioners will be entitled only to the instalments of graded relief sanctioned beyond the average index level 272.

The option will have to be exercised by 31.1.1980. The option once exercised will be final. In cases where the pensioner has died before exercising an option, the State Government/Accountant General will, on an application made to them, calculate the pension and death-cum-retirement gratuity on the existing basis as well as on the basis of merged portion of dearness allowance, and allow the more advantageous of the two to the persons entitled to receive the arears of pension. Those who fail to exercise the option or made an application (in the case of death of a pensioner) within the stipulated period will be governed by para 4(b) above.

Where the option is exercised in favour of the alternative (b) in para 4 above, the amount of graded relief paid in excess of that now admissible will be adjusted against the balance of D.C.R. gratuity payable or against the future payments of reduced amount of graded relief.

These orders may be brought to the notice of all members of the All India Service officers, who retired on or after 30th September 1977.

These orders are issued with concurrence of Ministry of Finance (Department of Expenditure) vide their UO No. 4562-EV/79, dated 11.7.1979.

[DP&AR letter No. 25011/15/79-AIS(II), dated the 27th July, 1979.]

The question of extending the orders contained in the Ministry of Finance O.M. No. F. 1(3)-E.V./82, dated 8.4.1982 to members of the All India Services who retired on or after 31.1.1982 has been considered and it has been decided that the orders of the Ministry of Finance treating a portion of additional dearness allowance as dearness pay in the case of Central Government servants should also be extended to members of the All India Services. Accordingly, it has been decided that out of the additional dearness allowance now admissible, the following amount shall be treated as pay under sub-clause (iii) of clause (g) of sub-rule (1) of rule 2 of A.I.S. (DCRB) Rules, 1958 in the case of members of the Service who retired/retire on or after 31.1.1982.

Pay Range

Amount of dearness pay

(i)Pay upto Rs. 2037

15% of pay subject to a maximum Rs. 120/-

(ii)Pay above Rs. 2037

Rs. 370/- including the amount of dearness llowance treated as dearness pay under this Department’s letter No.

25011/15/79 AIS (II) dated 27th July, 1979.

 

The amount of dearness pay as indicated in para 2 above, will be treated as emoluments under clause (bb)(ii) of sub-rule (1) of rule 2 ibid for calculating pension and gratuity. It is proposed to revise the ceiling of DCR gratuity from Rs. 30,000 to Rs. 36,000 by suitable amending rule 19(3) ibid. However there will be no change in the maximum emoluments of Rs. 2500/- p.m. that could be taken into account for computing DCR gratuity as envisaged in the note below rule 19 ibid.

4. The amount of dearness pay as indicated in para 2 above will be taken into account for determining average emoulments as envisaged in sub-rule (1) (aa) of rule 2 ibid for calculating pension except as indicated in para 5 below.

5. In the case of officers who have already retired on or after 31.1.1982 or may retire hereafter, but within ten months from that date, the ultimate average emoluments will be calculated as follows:

In the case of officers one half of dearness pay who etired/retire between 31.1.82 and 29.6.82

(b) in the case of officers who who retire after 29.6.82.

appropriate to the pay equal to such average emoluments as per para 2 above, shall be added to the average emoluments.

Full dearness pay appropriate to the pay equal to such average emoluments as per para 2 above, shall be added to the average emoluments.

 

6. Officers who retired/retire on or after 31st January, 1982 will have an option to choose either of the two alternatives below:-

(a) to have both pension/service gratuity and DCR gratuity calculated on their pay, without including the element of dearness pay indicated in para 2 above, and get dearness relief on pension as for these governed under para 4(b) of this department’s letter dated the 27th July, 1979.

OR

(b) to have both pension/service gratuity and DCR gratuity calculated after taking into account the element of dearness pay now being merged. In such cases, the pensioners will be entitled only to the instalments of dearness relief sanctioned beyond the average index level 320.

7. The option may be exercised within six months beforeretirement. Officers who have retired on or after 31.1.1982 but before the issue of these orders, may exercise their option within six months from the date of issue of this order. The option once exercised shall be final. Those who fail to exercise the option within the stipulated period will be deemed to be governed by para

6(b) above. If a pensioner has died before exercising the option, the State Government / Accountant General shall calculate the pension and gratuity under both the options in para 6 above, and sanction the more advantageous of the two.

8. Where the option is exercised in favour of the alternative (b) in para 6 above, the amount of dearness relief in pension paid in excess of that now admissible will be adjusted against the balance of DCR gratuity payable or against the future payments of reduced amount of dearness relief.

9. These orders may be brought to the notice of all members of the service who retired/retire on or after 31.1.82.

10. These orders are issued with the concurrence of the Ministry of Finance (Department of Expenditure) vide their U.O. 1664-EV/82, dated 17.5.1982.

[DP&AR letter No. 25011/11/82-AIS (II), dated the 1st June, 1982 read with letter No. 25011/11/82-AIS (II), dated 10.5.82.]

5. A cases has arisen in which orders were issued by the Central Government reverting a member of an All India Service on deputation to the Central Government to his parent cadre, but instead of joining duty under the State Government the member of the Service gave three months notice to the State Government under sub-rule (2) of rule 16 of the All India Services (DCRB) Rules, 1958 and applied to the Central Government for grant of leave conterminus with the period of notice.

This leave was granted by the Central Government and the officer proceeded on leave preparatory to retirement and retired from service on the expiry of the leave. A question was raised as to the emoluments for this leave period which should be taken into account for computing the average emoluments of this officer for the 10 months prior to the date of his retirement from service for determining the retirement benefits admissible to him.

2. The matter has been carefully examined in consultation with the Ministry of Law, (Deptt. of Legal Affairs). The emoluments for the leave period in this case which should be taken into account for the purpose of computing the average emoluments of the last 10 months of the service should be determined in the manner laid down in Note 1 below rule 2(1)(aa) ibid In the present case though the Central Government had passed orders reverting the officer to his parent cadre, yet he did not assume charge of any post under the State Government and instead proceeded on leave preparatory to retirement sanctioned by the Central Government. Therefore, for the purpose of the above note, the emoluments for the leave period should be taken as what they would have been had he not been absent from duty from the post he was holding under the Central Government before the proceeded on such leave.

3. The aforesaid Note 1 below rule 2(1)(aa) ibid provides a self-regulating procedure to determine the emoluments in such cases and does not call for the issue of the certificate either by the Central Government or by the State Government as to the emoluments which should be taken into account for computing the average emoluments in the circumstances mentioned in that Note. Keeping in view the position explained above, it has been decided that in the case of a member of an All India Services on deputation of the Central

Government who takes leave in continuation of the deputation and retires at the end of the leave, it may be deemed that he would have continued to officiate in the post under the Central Government which he was holding immediately before proceeding on leave but for preceeding on such leave and accordingly his average emoluments should be determined for the purpose of calculation of retirement benefits.

3. General Conditions.-(1) Future good conduct of the pensioners an implied condition of every grant of pension and its continuance.

3(2) The Central Government may withhold or withdraw any pension or any part of it, for a specified period or indefinitely, on a reference from the State Government concerned, if after retirement a pensioner is convicted of a serious crime or be guilty of grave misconduct.

14 14 Provided that no such order shall be passed without consulting the Union Public Service Commission.

3(3) The decision of the Central Government on any question of withholding or withdrawing the whole or any part of the pension under sub-rule (2) shall be final.

4. Limitation.-A member of the Service cannot earn two pensions in the same office at the same time or by the same continuous service.

5. Removal, Dismissal or Resignation from Service.-(1) No retirement benefits may be granted to a person who has been dismissed or removed from the Service or who has resigned from the Service:

Provided that, if the circumstances of the case so warrant the State Government may grant to a person who has been dismissed orremoved from the Service a compassionate allowance not exceeding two-thirds of the retirement benefits which would have been admissible to him if he had been invalidated and not dismissed or removed from the Service.

5(2) Subject to the provisions of Rule 5A, where a member of the service is required to retire or resign from the service as a condition of his appointment under a Statutory or other body, he shall be granted the retirement benefits to which he would have been entitled if he had been invalidated from the Service and not resigned or retired.

15 5A. Permanent Absorption of Members of the Service in or under a Corporation, Company or body :

5A(1). Notwithstanding anything contained in Rule 5, a member of the Service, who has been permitted by the Central Government to be absorbed in service or post in or under a corporation or company wholly or substantially owned or controlled by the Central Government or in or under a body controlled or financed by the Central Government, shall be deemed to have retired from Service from the date of such absorption and shall be eligible to retirement benefits in accordance with the orders issued by the Central Government in respect of officers of Central Civil Services Group `A'.

5A(2) Where a member of the Service referred to in sub-rule (1) elects the alternative of receiving the Death-cum-Retirement Gratuity and a lump sum amount in lieu of pension, he shall in addition to Death-cum-Retirement Gratuity, be granted -

(a) on an application made in this behalf, a limp sum amount not exceeding the commuted value of 1/3rd of his pension, as may be admissible to him in accordance with the provisions contained in All India Services (Commutation of Pension) Regulations, 1959; and

16 (b) terminal benefits equal to the commuted value of the balance amount of pension left after commuting one-third or pension to be worked out with reference to the commutation tables obtaining on the date from which the commuted value becomes payable subject to the condition that the member of the Service surrenders his right of drawing the balance amount of pension.

17 5A(3) A member of the Service referred to in sub-rule (1) shall not be governed by the provisions of rule 22 or 22B as the case may be, if his family is entitled to family pension under the rules of the organisation in which he is permitted to get absorbed permanently.

Government of India's Decision under Rule 5.

In the case P.K. Gnanasundara Mudaliar Vs. State of Madras the Madras High Court has held that when a Government servant is appointed as a Member or Chairman of the Public Service Commission, he ceases thenceforth to be in the service of the Government. The Government of India have accordingly reviewed the position in the light of the judgement under reference, and in supersession of their letter No. 15/6/63-AIS(II), dated the 4th October. 1965 have decided that an officer of an All India Service on his appointment as Chairman or Member of a Public Service Commission shall cease to be a member of the service from the date he assumes office in the Public Service Commission. His lien on the post held by him or in the cadre shall stand terminated. He shall also cease to be governed by the Rules framed under the All India Services Act in the matter of pay, leave and pension, etc., which will be regulated in accordance with the regulations frame by the President/Governor, as the case may be, in terms of Article 318 of the Constitution. In order to ensure that the officer concerned does not stand to lose benefits of pension, leave and other service benefits which had accrued to him as a member of an All India Service, prior to his appointment to the Public Service Commission the State Government may take into consideration the following suggestion, while revising the relevant regulations:-

(1) The officer concerned may be permitted to elect to draw his pension and other retirement benefits admissible to him under the All India Services (Death-cum-Retirement Benefits) Rules 1958, or elect to count his service on the Commission as qualifying service for the purposes of pension under the All India Services (Death-cum-Retirement Benefits) Rules, provided the retirement benefits in the latter case will be subject to the overall ceiling of the amount of retirement benefits which the officer would have drawn, had he not been appointed to the Commission and continued in service. A time limit of six months from the date of his entering office on Service Commission, may be allowed to exercise this option and the option so exercised will be final.

(2) If the officer elects to draw pension for the service as a member of an All India Service, his pay as Chairman or Member of the Commission may be reduced by the gross amount of pension and pension equivalent of the retirement benefits. He will also not be entitled to any other pension for the service as Member/Chairman of the Public Service Commission. (3) Subject to the provisions of sub-para (2) above, the officer will be entitled to the pay of the post of Member/Chairman of the Public Service, Commission, as prescribed under the relevant regulations. It will also not be necessary to equate the post in Commission to a cadre post which he would have held as a member of an All India Service. Nor will the officer be entitled to claim benefits under the Next Below Rules, after assuming office in the Commission. 103(4) The officer may be permitted to carry forward all the leave at his credit at the time of assumption office in the Commission. Such leave and also the leave earned by him during his tenure in the commission may be availed of by the officer before his retirement from the service of the Commission. No leave may be granted so as to extend the tenure of the officer in the Commission. The State Government may, however, make a provision in the State Public Service Commission regulations to the effect that Chairman/Member, Public Service Commission shall be paid cash equivalent of leave salary in respect of utlised portion of earned leave at his credit at the time of demitting office on the line of the provision contains in regulation 7a of the U.P.S.C. (Members) Regulations, 1969.

(5) The officer may also be permitted to contribute to the provident fund under the relevant rules and also to carry forward balance in the A.I.S. Provident Fund to the new fund account.

618 Recovery from pension:

-6(1) The Central Government reserves to itself the right of withholding a pension or 19 gratuity, or both, either in full or in part, whether permanently or for a specified period, and of ordering recovery from pension or gratuity of the whole or part of any pecuniary loss caused to the Central or a State Government, if the pensioner is found in a departmental or judicial proceedings to have been guilty of grave misconduct or to have caused pecuniary loss to the Central or a State Government by misconduct or negligence, during his service, including service rendered on re-employment after retirement

20 Provided that no such order shall be passed without consulting the Union Public Service Commission:

Provided further that-

6(1)(a) such departmental proceeding, if instituted while the pensioner was in service, whether before his retirement or during his re-employment, shall, after the final retirement of the pensioner, be deemed to be a proceeding under this sub-rule and shall be continued and concluded by the authority by which commenced in the same manner as if the pensioner had continued in service;

6(1)(b) such departmental proceeding, if not instituted while the pensioner was in service, whether before his retirement or during his re-employment;

(i) shall not be instituted save with the sanction of the Central Government

(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 Central Government may direct and in accordance with the procedure applicable to proceeding on which an order of dismissal from service may be made;

6(1)(c) such judicial proceeding, if not instituted while the pensioner was in service whether before his retirement or during his re-employment, shall not be instituted in respect of a cause of action which arose or an event which took place more than four years before such Institution.

Explanation.- For the purpose of this rule

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

(b) a judicial proceeding shall be deemed to be instituted-

(i) In the case of criminal proceedings, on the date on which a complaint is made or a charge-sheet is submitted, to the 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 to a civil court.

21"Note-1-Where a part of the pension is withheld or withdrawn the amount of such pension shall not be reduced below the amount of rupees three hundred and seventy five per mensem.

Note-2-Where Central Government decides not to withhold or withdraw pension but orders recovery of any pecuniary loss from pension, the recovery shall not ordinarily be made at a rate exceeding one-third of the pension admissible on the date of retirement of the member of the service".

21Inserted vide notification No. 25011/19/91-AIS(II) dt. 26.5.93

GSR 308 dt. 19.6.93.

6(2) Where any departmental or judicial proceeding is instituted under sub-rule (1), or where a departmental proceeding is continued under clause, (a) of the proviso thereto against in officer who has retired on attaining the age of compulsory retirement or otherwise, 22he shall be sanctioned by the Government which instituted such proceeding, during the period commencing from the date of his retirement to the date on which, upon conclusion of such proceeding final orders are passed, a provisional pension not exceeding the maximum pension which would have been admissible on the basis of his qualifying service upto the date of retirement, or if he was under under suspension on the date of retirement, upto the date immediately preceding the date on which he was placed under suspension; but no gratuity or death-cum-retirement gratuity shall be paid to him until the conclusion of such proceedings and the issue of final orders thereon.

21Provided that where disciplinary proceeding has been instituted against a member of the Service before his retirement from service under rule 10 of the All India Service (Discipline and Appeal) Rules, 1969, for imposing any of the penalties specified in clause (i), (ii) and (iv) of sub-rule 1 of rule 6 of the said rules and continuing such proceeding under sub-rule (1) of this rule after his retirement from service, the payment of gratuity or death-cum-Retirement gratuity shall not be withheld.

6(3) Payment of provisional pension made under sub-rule (2) shall be a against the final retirement benefits sanctioned to the pensioner upon conclusion of the aforesaid proceeding, but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld either permanently or for a specified period.

G.O.I's decision below Rule 6 of AIS (DCRB) Rules. 1958.

The Ministry of Finance (Department of Expenditure) have issued orders in the case of Central Government servants to the effect that retired Central Government servants against whom departmental/judicial proceedings are pending under rule 65 and 74 of the C.C.S. (Pension) Rules, 1972 shall be sanctioned 100 per cent of the pension normally admissible to them as provisional pension vide their O.M. No. 4(1)-E. (V) (A)/78, dated the 28th February, 1978, copy (annexed).

2. Under sub-rule (2) of rule 6 of AIS (DCRB) Rules 1958, the State Government is competent to sanction provisional pension to an all India Service Officer against whom departmental/judicial proceedings under sub-rule (1) of this rule, are such proceedings are instituted/continued by the Central Government, the Central Government is the competent authority to sanction provisional pension. The State Government may like to follow the instructions contained in the Ministry of Finance O.M., dated 28th February, 1978 referred to above

while granting provision pension to All India Services Officers against whom departmental/judicial proceedings are instituted/continued by them. It has been decided that the instructions contained in the said O.M. will be applied while dealing with the cases of All India Service Officers against whom departmental/judicial proceedings are initiated/continued by the Central Government.

[DP&AR letter No. 25011/5/79-AIS(II), dated the 31st August, 1979.]

(ANNEXURE To DP&AR Letter No. 25011/5/79-AIS(II), Dated 31st August, 1979.]x

Copy of Ministry of Finance Department of Expenditure O.M. Dated 28th February, 1978.

SUBJECT: Grant of provisional pension to retired Central Government servants against whom departmental or judicial proceedings are in progress.

The undersigned is directed to refer to this Ministry's Office Memorandum No. 11(6)-EV(A)/73, dated 22nd July, 1974 on the above subject (copy enclosed) in which it was clarified that the payment of provisional pension to the retiring Government servants against whom departmental/judicial proceedings had been instituted or are continued is mandatory under rule 65 and 74 of the Central Civil Services (Pension) Rules, 1972. It has been brought to the notice of this Ministry that in spite of this clarification provisional pension is not being authorised by some Heads of Officers where departmental/judicial proceedings are pending against a retiring Government servants. Since non-payment to such Government servants, and the Heads of Offices have no discretion in this matter, it is again emphasised that the provisional pension must be sanctioned in all such cases in accordance with the rules. Non-compliance with this rule will be viewed seriously by Government.

2. Rules 65 and 74 ibid inter-alia provide that the provisional pension in such cases should not exceed the maximum pension which would have been admissible on the basis of the qualifying service upto the date of retirement of the Government servant. It has been reported that the discretion vested in the Heads of Offices by these rules which lay down the ceiling for provisional pension, is being used by them to pay less than 100 per cent of the admissible pension. The matter has been considered and it has been decided that even in cases covered by the above mentioned mentioned rules 100 per cent pension, which is otherwise admissible to the Government servants should be authorised as provisional pension, as in cases of normal retirement. No gratuity shall however be paid at this stage.

3. The instructions contained in Office Memorandum No. 14(3)EV(A)/76, dated 28th February, 1976 that provisional pension will become final after six months if not otherwise finalised, will not apply to the provisional pension granted in cases where departmental judicial proceedings are pending. In these cases the pension can be finalised only after the proceedings are concluded and decision taken in the light of these proceedings.

4. In so far persons serving in the India Audit and Accounts Department are concerned these orders have been issued after consultation with the Comptroller and Auditor General of India.

7. Compulsory Retirement as a Measure of Penalty.-

(1) A member of the Service who as a measure of penalty is compulsorily retired from the Seryice by the Central Government in accordance with the provisions of the All India Services (Discipline and Appeal) Rules, 1969, may be granted retirement benefits on the basis of his qualifying service on the date of such compulsory retirement on the appropriate scales admissible25 under rules 18 and 19.

26 Provided that, if the circumstances of the case so warrant, the 27 Central Government after consultation with the Union Public Service Commission may direct that the retirement benefits shall be paid at such reduced scales as may not be less than two-thirds of the retirement benefits28 under rules 18 and 19.

29 7(2) The family of a member of the Service who is compulsorily retired from the service as a measure of penalty shall be entitled to a family pension under Rule 22, 22A or 22B, as the case may be. For the purpose of rule 22, the family pension shall be admissible for maximum period of five years from the date of compulsory retirement.

G.O.I's decision below Rule 7 of AIS (DCRB) Rules. 1958

The Government of India have decided that where, under rule 7, it is proposed to pass an order original, appellate or in exercise of powers of review, granting a pension less than the appropriate scales indicated in rule 18, the Union Public Service Commission should be consulted before the order is passed.

[G.I., MHA letter No. 29/20/63-AIS(II), dated 5th August, 1965.]

8. Qualifying service. 8(1) Unless provided otherwise in these rules, qualifying service of a member of the Service for purposes of these Rules begins from the date of his substantive appointment to the Service: Provided that in the case of a member of the Service appointed initially on probation the period of probation shall also count as qualifying service.

8(2) Any period of service under the Central or a State Government rendered by a member of the Service prior to his appointment to the Service shall count as qualifying service under these rules to the extent to which such service would have counted as qualifying service for pension under the rules applicable to him prior to his appointment to the Service provided that the service is otherwise continuous.

30Provided that temporary or officiating service, followed without interruption by confirmation in the same or another post, shall count in full as qualifying service except in respect of periods of temporary or officiating service in non-pensionable establishment.

Explanation - For the purposes of this rule -

(1) Leave of any kind or suspension followed by reinstatement does not constitute a break.

(2) Service under a State Government includes the service rendered before migration into India as a result of the partition in State which have since become part of Pakistan, breaks in service, if any, caused at the time of such migration due to reasons beyond the control of the member of the service may be condoned by the State Government but the period of break or breaks will be ignored in determining the total length of qualifying service.

31 8 (2A) The period of service rendered under an autonomous body, wholly or substantially owned or controlled by the Central Government and taken over by it, by a member of the who left the service of that body at any time prior to its take-over by the Central Government and who later on joined Government Service with or without break, shall count as qualifying service for pension under these rules to the extent and subject to the conditions under which such service is counted as qualifying service for pension under the Central Civil Service (Pension) Rules, 1972 or under any orders issued by the Central Government in this behalf.

8(3)32 [ ]

8(4) A member of the Service who rendered 33 war/military service, before his appointment to an all India Service shall count that service as qualifying service to the extent to which such service is counted as qualifying for pensions under the Central Civil Services (Pension) Rules, 1972 or under any orders that might be issued by the Central Government in this behalf.

34 8(5)(a) A member of the Service who, prior to his appointment to the Service, held a post in the General Administrative Reserve or a post under Government on a contract basis, shall have the option to count the period of his service in such post in full as qualifying for pension under these Rules. Provided that such service is otherwise continuous and that he did not draw inflated rates of pay by reason of the absence of retirement benefits.

8(5)(b) The option under clause (a) shall be exercised within a period of three months from the 31st December, 1962 or within three months from the date of appointment to the Service, whichever is later. The option, once exercised; shall be treated as final.

8(5)(c) Where a member of the Service exercises the option to count his previous service in the General Administrative Reserve or on contract basis, the amount of Government contributions with interest thereon standing to his credit in any contributory provident fund to which he might have been admitted shall be surrendered and 35 35credited to the consolidated funds of the Constituent States, in such proportion as may be prescribed by the Joint Cadre Authority) while the amount of his own subscriptions to that fund, if not already withdrawn, together with interest thereon, shall be transferred to his account in the All India Service Provident Fund.

Provided that in a case where the Government contributions have already been paid to the member of the Service, he shall be required to refund them with interest from the date of payment to the date of final refund in a suitable number of instalments, to be prescribed by the State Government. 36 8(6) A member of the Service who prior to his appointment to the Service held a post under Government carrying contributory provident fund benefits shall have the option to count as qualifying service the whole of the period of his service in such a post during which he actually subscribed to the contributory provident fund.

The option under this sub-rule shall be exercised within a period of three months from the 31st December, 1962 or within three months of appointment to the Service, whichever is later. The option once exercised shall be final.

Where a member of the Service exercises the option, the amount of Government contribution together with interest thereon standing to his credit in that fund shall be surrendered and 37 37credited to the Consolidated fund of the State on whose cadre he is borne while the amount of his own subscriptions to that fund not already withdrawn, together with interest thereon, shall be transferred to his account in the All India Services Provident Fund:

Provided that in a case where the Government contributions have already been paid to the member of the Service, he shall be required to refund them with interest in a suitable number of installments to be prescribed by the State Government.38

8(7) Foreign service rendered by a member of the Service shall count as qualifying service provided that contributions towards the cost of retirement benefits of the member of the Service, at such rates as the Central Government may prescribe from time to time have been paid either by the foreign employer, or, failing that, by the member of the Service himself, in respect of the entire period of foreign service, unless the payment of contributions have been waived by Government.

8(8) `Authorised Joining Time’ availed of by a member of the Service shall count as qualifying service

839 (8A) A member of the Service, who had participated in the national movement and who entered Government service by availing himself of the concession of relaxation of age in terms of the Ministry of Home Affairs office memoranda No. 15/21/48-Ests, dated the 29th November 1948 and No. 6/1/51-NGS, dated the 14th February, 1951 or corresponding orders, if any, issued by the State Government in this regard, shall be allowed to add to his qualifying service, only for superannuation pension purpose, a period not exceeding one-forth of the length of his service or the actual period by which his age at the time of recruitment exceeds 25 years, a period of 5 years, whichever is the least.

840 40(9) The qualifying service shall be calculated in six monthly periods. A fraction of less than three months shall not be taken into account and any period between three months and six months shall be treated as six monthly period in calculating the total qualifying service.

41 Note - A member of the service who was not entitled to receive the Government’s share of the contribution in the Contributory Provident Fund in respect of any service rendered prior to his appointment to the Service, on the ground that he did not put in the minimum period of service under the rules of the said Fund, shall be deemed to have opted for counting that service as qualifying for pension under sub-rules (5) or (6) of this rule. But the Government’s contribution to the Contributory Provident Fund, together with interest accrued thereon shall be transferred to the accounts of the State on whose cadre he is borne and that State shall bear the pensionary liability for the said service.

42 8A Addition to qualifying service on voluntary retirement.

(1) The qualifying service as on the date of intended retirement of a member of the Service retiring under sub-rule (2) or sub-rule (2A) of rule 16 shall be increased by the period not exceeding 5 years subject to the condition that the total qualifying service rendered by him does not in any case exceed 33 years and it does not take him beyond the age of superannuation.

8A(2) The weightage upto 5 years under sub-rule (1) shall not be admissible in the case of a member of the Service who is retired from Service in Public interest by the Central Government under sub-rule (3) of rule 16.

(2A) of rule 16 shall be increased by the period not exceeding 5 years subject to the condition that the total qualifying service rendered by him does not in any case exceed 33 years and it does not take him beyond the age of superannuation.

8A (2) The weightage upto 5 years under sub-rule shall not be admissible in the case of a member of the Service who is retired from Service in Public interest by the Central Government under sub-rule (3) of rule 16.

G.O.I’s decision below Rule 8 of AIS (DCRB) Rules. 1958

(1) The Government of India have decided that the rates of pension contributions, in respect of office of the All India Services on foreign service in or out of India, shall be the same as those applicable to officers of the Central Services. Class I, viz., the rates which are laid down in Appendix 11-A in Volume-II of the A.G.P & T’s Compliation of the Fundamental and Supplementary Rules.

[G.I., M.H.A. letter No. 10/9/66-AIS(II), dated 31st July, 1956.]

[G.I., MHA letter No. 29/48/63-AIS(II), dated 3rd September, 1963.]

(3) A member of the Service, prior to his joining the Service was serving in the Ministry of Defence on contract basis, according to the terms of which he was entitled to bonus. It was decided in his case that his previous service might be treated as temporary contract service, although he was not entitled, to any contributory provident fund benefits for the same and counted as qualifying service to the extent of half under sub-rules (2) and (5) subject to his refunding to Government the bonus that he had drawn together with interest thereon from the date of payment to the date of final refund. The position has since been modified to the extent indicated in the revised sub-rule (2A) (a) of rule 8.

[G.I., MHA letter No. 2/39/59-AIS(III), dated 1st December, 1959.]

(4) These rules do not contain any provision corresponding to article 423 of the Civil Service of Regulations. Deficiencies in qualifying service of members of the Service cannot therefore, be condoned.

[G.I., MHA letter No. 2/106/59-AIS(III), dated 8th December, 1959.]

(5) The Government of India have decided that members of the Service, who were appointed against vacancies which arose after 31st December, 1947 shall be allowed to count the war service rendered by conjunction with other military service towards civil pension to the extent of one-half. It however, the whole or any portion of such service satisfies the conditions laid down in Article 356 of the Civil Service Regulations, that portion of the service may be allowed to count in full towards civil pension subject to the provisions of that article. The grant of concession is also subject to following conditions namely:-

(i) The officer concerned should not have earned a pension under the military rules in respect of the service in question;

(ii)In the case of service or posts in respect of which a minimum age is fixed for recruitment. No military or war service rendered below that age, shall be allowed to count for pension.

(iii) `War Service’ rendered in the Armed Forces of India and rendered in similar Forces of a Commonwealth country shall be allowed to count alike for pension and no contribution towards, or share of, pension earned as a result of this concessions shall be claimed from the foreign Government concerned.

(iv)No refund if bonus or gratuity paid in respect of this `War Service’ shall be demanded from the officer concerned. If, however, the officer has been granted any retirement gratuity for service covering both the war and post-war period, such gratuity shall be refundable. If any portion of the service allowed to count towards civil pension under Article 356 of the Civil Service Regulations, 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; and

(5.2) The Government of India have also decided that in case where an officer is entitled in respect of the "War Service" rendered between 3rd September, 1939, and 1st April, 1946, to the concession on under Article 357C or Article 357D of the Civil Service Regulations, he may either avail himself of the concession under paragraph 1 above in respect of the whole of his military service, including `War Service’ or count the service rendered during the war period for civil pension under Article 357C or Article 357D as the case may be, and the remaining service rendered before or after the war period to the extent of one-half of that service. If however, in the latter case the officer concerned has rendered any military service pensionable under the military rules and satisfying the condition laid down in Article 356 of the Civil Service Regulations, before or after the war period, but did not earn a pension by his `War them during the Second World War, by itself, or in shall be allowed to count it in full on his refunding an amount of gratuity which shall bear the same proporation to the total amount of gratuity received in 356 bears to the total period of military service including the period of war service.

[G.I., MHA letter No. 2/108/59-AIS(III), dated 11th December, 1959.]

read with DP&AR  letter no. 25011/2/79-AIS (II), dated 14th December, 1979.]

(6) A question arose whether sub-rule (3) and (4) would apply toState Service officers appointed to the Service against the promotion quota and whether proviso to sub-rule (2) could not be relaxed in thecase of war service in view of the fact that there was generally break between was service and subsequent civil service. Sub-rule (3) would apply only in those cases where the officer have been appointed against was reserved vacancies which arose for direct recruitmet before 1st January, 1948. It would not therefore apply to StateService officers appointed to the Service against the promotion quota War Service in their cases is to be regulated in accordance withsub-rule (4) read with Government of India’s Decision (5) above.

(6.2) As regards sub-rule (2), it would apply to military service as distinguished from the not rendered in conjunction with war service, to which sub-rule (3) and (4) apply. In the case of military service, that counts as qualifying service under sub-rule (2), the conditions of such service being continuous cannot be relaxed.

(7) A question arise whether arose whether the previous qualifying service of Uttar Pradesh State Services Officers, who were promoted to the Indian Administrative Services, should be regulated by sub-rule (2) or sub-rule (6), in view of the fact that they held pensionable posts under the State Government carrying Contributory Provident Fund Benefits. It was decided in the case that their previous pensionable service automatically counted as qualifying service invoke the provisions of sub-rule (6).

[G.I., MHA letter No. 2110/59-AIS(III), dated 11th March, 1960.]

(8) These rules do not contain a provision for condonation of breaks, within State Service. Further, sub-rule (2) provides that previous service shall count as qualifying service under these rules provided the service is otherwise continuous. A question was,therefore, raised whether the State Government were competent to condone breaks within State Service of a member prior to his appointment to the Indian Administrative/Police Service. The continuity refered to in sub-rule (2) is reffered not continuity within State Service but continuity between State Service and the Indian Administrative/Police Service. Breaks within State Service, to which the rules do not apply, can, therefore, be condoned, provided State Pension Rules permit condonation of such breaks.

[G.I., MHA letter No. 2/5/60-AIS (III), dated 14th May, 1960.]

(9) The I.N.A. Service, which has been recognised by the Ministry of Defence for the purpose of pension and gratuity shall be treated as Military Service/War Service and shall count as qualifying service to the extent and subject to the conditions stipulated in sub-rule (4).

[G.I., MHA letter No. 29/1/60-AIS (II), dated 13th October,1960.]

10. A doubt wars raised whether only the enlisted or commissioned war service rendered in military capacity could be regulated under sub-rule (4).(10.2) Sub-rule (4) does not make any distinction between the war service in military capacity and civil capacity. In view of this, the Government of India have decided that even the service of a civilian officer paid from Defence Estimates, which has been declared as `war service’ in certain circumstances should be regulated under sub-rule (4).

[G.I., MHA letter No. 29/63/60-AIS (II), dated 24th December,1960.]

(11) Under sub-rule (2), the service rendered by an officer under the Central or a State Government shall count as qualifying service for purposes of pension etc. to the extent admissible under the rules applicable to him prior to his appointment to the Indian Administrative/Police Service shall be treated according to the Pension Rules of the Central or the State Government, as the case may be which were applicable to him prior to such appointment and as applicable to him prior to such appointment and as are in force at the time when he retires from service.

{G.I., MHA letter No. 29/68/61-AIS (II), dated 7th April, 1962.]

(12) The Government of India have held that the proviso to sub-rule (2) of rule 8 applies also to a case where an AIS officer before his appointment to the Service, had held one or more posts in a temporary capacity including service as a probationer (without being confirmed in any of them) followed by his appointment to the AIS/IPS and eventual confirmation in it. This is subject to the other conditions laid down in the said proviso.

[G.I., MHA letter No. F. 29/29/63-AIS(II), dated 14th February, 1964.]

(13) The Government of India have held that `War Service’s in conjunction with his military service, he shall be allowed to count it in full on his refunding an enlisted or Commissioned "War Service" between the 3rd September, 1939 and the 1st April, 1946 by itself or in conjunction with other military service in the Armed Forces of India or similar forces of a commonwealth country which did not earn a service pension under the military, Naval of Air Force Rules. Service in the Civil Defence Department during World War II has also been treated as "War Service vide Ministry of Ministry of Finance OM No. F.3(8)-EVA/62, dated 18th May, 1962.

[G.I. MHA letter No. 29/51/63-AIS(II), dated 16th August, 1963.]

(15) The Government of India have decided that the orders contained in the Ministry of Finance O.M. No. F. 3(29)-EV(A)/64, dated the 3rd June, 1965 (Annexure A) will apply to the All India Services officers governed by the AIS (DCRB) Rules, 1958 by virtue of rule 8(4)

[G.I., MHA letter No. 29/51/65-AIS(II), dated 22nd December, 1965.]

(16) It has been decided that the temporary or officiating service including service as a probationer mentioned in the Government of India Decision No. 12 below Rule 8 refers not only to service under the State Government but also to service under the Central Government.

[MHA letter No. 31/42/73-AIS(II), dated 11th January, 1974.]

(17) In partial modification of the instructions contained in Department of Personnel & AR letters No. 25011/48/78-AIS(II), dated the 6th November, 1978 and 26th April, 1979 it has been decided to lay down the procedure for verifying the service rendered by a member of an All India Service on completion of 20 years of service:-

(i) State where accounts have not been separated from Audit or the simplified procedure of payment of salaries to Gazetted Officers, as in introduced.-It will be the responsibility of Accountant General to verify the rendered a member of an All India Service on completion of 20 years of service and communicate the result of verification to the officer concerned.

(ii)In States where Accounts have been transferred from Audit or where accounts have not been transferred, but the simplified procedure of payment of salaries to Gazetted officers, as in the Central Government have been introduced

It will be the responsibilities of the State Government/Union Territory Administration to verify the service rendered by a member of the service on completion of 20 years of service, in consultation with the Accountant General concerned, if found necessary, and communicate the result of verification to the officer concerned.

[DP & AR letter No. 25011/48/78-AIS(II), dated the 18th September, 1979.]

(18) According to the provisions contained in sub-rule (2) to (6) of Rule 8 of the All India Services (DCRB) Rules, 1958, service rendered by a member of an All India Service before his appointment to the service under the Central Government or a State Government will count as qualifying service for pension subject to the fulfilment of the conditions laid down therein. Requests have been received from a few members of the Indian Administrative Service for counting the service rendered by them under the Central Government and/or a State Government before their appointment to the IAS as qualifying service for pension. Under rule 8 ibid Approval of the Central Government is not necessary for counting the previous service rendered by a member of the service as qualifying service for pension, provided the conditions laid down therein are satisfied. In such cases the Government of the State on whose cadre the officer is brone/the Accountant General concerned, will have to take necessary action in consultation with the Central Ministry/Department or the State Government concerned, if the officer had worked under the Central Government or another State Government, as the case may be, before joining the All India Services, to count such service as qualifying service for pension under rule 8 ibid. The State Governments were, requested that in future requests made by members of All India Services for counting the previous service rendered by them as forwarded to the Central Government; the State Government themselves may process such cases in consultation with the authorities concerned and issue necessary orders . If any clarification is required or Condonation of break in service is involved a reference may be to the department of Personnel & ARS in the case of members of the Indian Administrative Service, the Police Division of the Ministry of Home Affairs in the case of members of the Indian Police Service and the Department of Agriculture in the case of members of the Indian Forest Service.

[DP & AR letter No. 25011/43/80-AIS(II), dated the 9th January, 1981.]

(19) It has been provided in the Department of Personnel & AR letter No. 13/27/74-AIS(II), dated 17th January, 1975 (copy annexed) that the terms of deputation of a member of an All India Service who is deputation of a member of an All India Service who is serving in connection with the affairs of a State and who is deputed to public sector undertakings etc. Controlled by the Central Government should be issued by the Ministry/Department of the Central Government which is administratively concerned with that organisation in consultation with the State Government or Joint Cadre Authority on whose cadre the officer is borne. A doubt was raised whether in such cases the pension/leave salary contributions in respect of the officer should be paid by the organisation to the Central Government or to the State Government on whose cadre the officer is borne. It has been clarified that in all cases where a member of an All India Service is deputed for foreign service under a public sector undertaking etc. owned or controlled by the Central Government, the pension/leave salary contributions should be paid to the State Government on whose cadre the officer is borne.

[D.P. & A.R. letter No. 250011/8/81-AIS (II), dated the 22nd May, 1981.]

[ANNEXURE TO DP & AR LETTER NO. 25011/8/81-AIS (II), DATE THE 22ND MAY, 1981.]

Copy of letter No. 13/27/74-AIS (II), dated 17the January, 1975.

I am directed to say that a question has been raised as to who should be the competent authority to issue the terms and conditions of deputation of a members of an All India Services serving in connection with the affairs of a State and who is deputed to a public sector undertaking and other organisations controlled by the Central Government.

2. The terms of deputation of an officer, deputed on foreign Service, are normally issued by the lending authority, in consultation with the borrowing authority. In the case of the All India, Services, however, the All India Services (Leave) Rules, 1955, the All India Services (Conduct) Rules, 1968 and the All India Services (Discipline and Appeal) Rules, 1969 provided that a member of an All India Services whose services are placed at the disposal of a company, corporation ect. by the Central Government or the Government of a State shall, for the purpose of these rules, be deemed to be a member of the Service serving in connection with the affairs of the Union or in connection with the affairs of that State, as the case may be. By virtue of the provision contained in these rules, if the terms of deputation of a member of an All India Service, deputed to a public sector undertaking controlled be the Central Government, are issued by a State Government, `Government’ in his case will be the State Government concerned. It is however, only proper that such a member of the Service should be under the control of the Central Government for the purposes of these Rules. In view of this, the terms of deputation of a member of an All India Service who is serving in connection with the affairs of a State and who is deputed to a public sector undertaking etc. controlled by the Central Government should be issued by the Ministry/Department of the Central Government which is administratively concerned with that organisation in consultation with the State Government or Joint Cadre Authority on whose cadre the officer is borne.

(20) Requests from members of Indian Administrative Service for counting the service rendered by them under the Ministry of Railways before their appointment to the Indian Administrative Service as qualifying service for pension were hithertobeing processed in this Department. Recently when such case was referred to the service rendered by the officer in the Railways, that Ministry advised that particulars of service rendered by a Railway Service Probationer, who is subsequently appointed to an All India Service, might be got verified from the Railway concerned direct by the State Government. Such Service with the Railways could be counted as qualifying service for Pension without consulting the Ministry of Railways (Railway Board). In view of this, it is requested that in future, the requests made by All India Service officers for counting the service rendered by them in the Railways before their appointment to the All India Services as qualifying service for pension need not be referred to the Central Government. In such cases, the State Government may request the Railway concerned to verify the service rendered by the officer in the Railways and if the Railway certifies that the service rendered by the officer under it would have counted as qualifying service for pension under the Railway Service Rules applicable to him prior to his appointment to the All India Services, such service may be reckoned as qualifying service for pension under rule 8(2) ibid provided there is no break in his service. In case there is a break in his Railway service or if there is any doubt whether or not a particular spell of service will qualify for pension, then a reference may be made to this Department in the case of members of the Indian Administrative Service, Police Division of the Ministry of Home Affairs in the case of members of the Indian Police Service and Department of Agriculture in the case of members of the Indian Forest Service.

[DP & AR Letter No. 25011/37/77-AIS(II), dated 7th October, 1978.]

(21) The question of regulating the period of foreign service of members of All India Services, who are permitted to go on foreign service to the developing countries of Asia, Africa, and Latin America, for the purpose of pension, has been under the consideration of this Development. It has been decided that members of All India Services who are permitted to go on deputation to these countries by registering their names in the Foreign Assignment Section of the Department of Personnel and A.R. will be governed by the orders contained in the Ministry of Finance OM No. 1(14)-E.III(B)/71, dated the 13th December, 1971, the 7th January, 1974 and No. 1(14)-E.III(B)/76, dated the 7th December 1976. The period of foreign service rendered by members of the Service who are deputed for assignment to developing countries under the Indian Technical and Economic Cooperation Programme of the Ministry of External Affairs will be regulated for the purpose of pension, in accordance with the orders issued by the Ministry of External Affairs. Member of All India Services, who are deputed for service under the International Organisations like the the I.M.F., I.B.R.D., ect., or the Commonwealth the U.N. Secretariat or other United Nations Bodies, such as Secretariat, will be governed by the orders contained in the Department of Personnel & A.R. letter No. 25011/52/76-AIS(II), dated the 2nd March, 1977.

[DP & AR letter No. 25011/15/78-AIS(II), dated 20th May, 1978.]

(22) The period of foreign service of members of All India Services with International Organisations like the U.N. Secretariat, Commonwealth Secretariat, on a tenure of five years or more may at their option:-

(a)pay the pension contributions in respect of their foreign service and count such service as qualifying for pension under these rules; or

(b)avail of the retirement benefits admissible under the rules of the aforesaid Organisation and not count such service as qualifying for pension under these rules; Provided that where a member of a member of the service opts for clause (b), the retirement benefits accrued to him under the United National Rules will be payable in reupees in India and pension contribution, if any paid by him shall be refunded to him.

(2) In the case of officer who opted for clause (b) of Rule 1 and who rejoin Government on the expiry of the foreign service with the united Nations Organisations the retirement benefits sanctioned by the United Nations will not be payable concurrently with the salary from the Government but will be credited to the revenues of the Government of the State concerned, under intimation to the concerned Accounts Officer, so that suitable record could be kept in the service record of the officer, of the amounts received from the United National authorities. This amount will be paid to the officer concerned along with other service of the Government. For the purpose a provision should be made for such payments under the relevant head of account, for the respective year:

(23) In continuation of the Department of Personnel and A.R. letter No. 25011/4/75-AIS(II), dated the 26th September, 1975 resproduced as Government of India Decision No. 22 below Rule 8 of the All India Services (death-cum-Retirement Benefits Rules, 1958). It has been decided, in consultation with the Ministry of Finance (Deptt. of Expenditure), that the decision containded in their O.M. No. 8(5)-E III2/79, dated the 8th April, 1981 apply to members of All India Services sent on deputation to U.N. Bodies and the Commonwealth Secretariat.

[DP & AR letter no. 25011/16/81-AIS (II), dated the 5th November, 1981.]

[ANNEXURE TO DP & AR LETTER NO. 25011/16/81-AIS (II), DATED 5TH NOVEMBER, 1981.]

Copy of Ministry of Finance Department of Expenditure O.M. No. 8(5)-E.III/79, dated 8th April, 1981.

SUBJECT: - Deputation of Central Government Servants of foreign service with U.N. Bodies-participation in the U.N. Pension Fund Scheme.

The undersigned is directed to invite a reference to this Ministry’s O.M. No. F. 1(16)-E. III(B)/66, date the 5th November, 1966 on the subject mentioned above and to state that the question of allowing interest on the amount of retirement benefits received in lump sum and deposited with the Government of India by the officers deputed on foreign service with U.N. Organisations has been under consideration for some time on receipt of a number of representations in this regard. The President is now pleased to decide that interest may be paid, as for deposits under G.P.S. Accounts, in respect of such amounts including the amounts, which were deposited by the Government servants who has served the U.N. Bodies in the past and which are at present lying with the Government even in respect of the past periods commencing from the date the deposits have been made. In so far as the persons serving in the India Audit and Accounts Department are concerned, these orders are issued after consultation with the comptroller and Auditor General of India.

(24) The manner in which the period of foreign service of members of All India Services with International organisations like U.N.Secretariat, etc. Or Commonwealth Secretariat, for a period of less than five years, should be regulated for the purpose of pension, has been under the consideration of the Central Government. It has been decided that the orders contained in the Ministry of Finance OM No.1(4)-E. III(B)/76, dated the 20th November, 1976 should apply to members of All India Services also.

[DP&AR letter No. 25011/52/76-AIS(II), dated 2nd March, 1977.]

Copy of Ministry of Finance O.M. No. 14(4)-E.III(B)/76, dated 20th November, 1976.

SUBJECT: - Deputation of Central Government Servants of foreign service with United Nations Bodies-Participation in the U.N. Pension Fund Scheme-

The undersigned is directed to invite a reference to this Ministry’s Office Memorandum No. F. 1(16)-E.III(B)/66 (Part II) dated the 4th June, 1971 on the subject mentioned above. Under this Office Memorandum, officers of the Central Services deputed to foreign service with International Organisations like the United Nations, Secretariat, Food and Agriculture Organisation, International Labour Organisation, etc., on a tenure of one year or more shall be allowed to join the United Nations Joint Staff Pension Fund as full members and the payment of retirement benefits accruing under the Regulations and Rules of the United Nations Joint Staff pension Fund will continue to be regulated by the conditions laid down in this Ministry’s Office Memorandum No. F. 1(16)-E. III(B)/66 dated the 5th November, 1966 (copy enclosed).

2. Under Article 29 of the Regulations and Rules of the United Nations Joint Staff Pension Fund, retirement benefits shall be payable to a participant whose age on separation is 60 years or more and whose contributory service was five years or longer. Under Article 30 of the said Regulations and Rules, an earlier retirement benefits shall also be payable to a participant whose age on separation is at least 55 but less than 60 years and whose contributory service was five years or longer. Under Article 31 ibid a deferred retirement benefits shall be payable to a participant whose age on separation is less than 60 years and whose contributory service was five years or longer. It will be observed from the aforesaid provisions that a contributory service of five years or longer is a sine qua non for eligibility for retirement benefits under the aforesaid Regulations and Rules. Accordingly, Rule 31 of the Central Civil Service (Pension) Rules, 1972 as amended by the C.C.S. (Pension) (Sixth Amendment) Rules, 1975 provides that a Government servant deputed on foreign service for a period of five years or more to the United Nations Secretariat or other United Nations Bodies, the International Monetary Fund, the Internal Bank of Reconstruction and Development or the Commonwealth Secretariat may, at his option pay the pension contribution in respect of his foreign service and count such service as qualifying for pension under the CCS (Pension) Rules, 1972 or avail of the retirement benefits admissible under the rules of the aforesaid Organisations, the retirement benefits shall be payable to him in India in rupees in accordance with the provisions of this Ministry’s Office Memorandum No. F. 1(16)-E. III(B)/66 dated 5th November, 1966.

3. The question of regulating the cases of Government servants deputed on foreign service to the Organisations mentioned in the preceeding paragraph for one year or more but less than five years has been considered in this Ministry in the light of the provisions of Article 32 of the Regulations and Rules of the United Nations Joint Staff Pension Fund under which a withdrawal settlement would be admissible to a participant whose age on separation in less than 60 years or if he is 60 or more on separation but is not entitled to a retirement benefits under Article 29, 30 and 31 referred to in para 2 above. This withdrawal settlement consists of his own contributions if the contributory service of the participants was less than five years. The President is pleased to decide, in partial modification of this Ministry’s Office Memorandum No. F. 1(16)-E. III(B)/66 (Part II) dated the 14th June, 1971 that a Government servant who is deputed on a foreign service for a period of one year or more but less than five years to the United Nations Secretariat or other United Nations Bodies, the International Monetary Fund, the International Bank for Reconstruction and Development, the Asian Development Bank or the Commonwealth Secretariat and who will not be entitled to retirement benefits under the Regulations and Rules of the aforesaid Organisations, will pay pension contributions monthly to the Government of India at the rates prescribed from time to time by the President under F.R. 116. On conclusion of foreign service, he may be allowed to receive from the foreign employer withdrawal benefits as may be admissible under their Rules.

4. While what has been stated in para 3 above would apply to officers who are entitled to only "withdrawal" benefits (as opposed to full retirement benefits) those who would be entitled to full retirement benefits under the Rules and Regulations of these organisations would be governed by Rule 31 of the CCS(Pension) Rules, 1972. In case they opt for availing of the retirement benefits admissible under the Rules and Regulations of the International Organisations (in which case their service in that organisation will not qualify for pension under Government) the payment of the retirement benefits in case they return to Government service will be governed by the orders of 5.11.1986. Pension contributions, if any, made to Government of India by officer, will be refunded to him.

5. These orders will also apply to officers who are already on deputation to the aforesaid Organisations. They will, however, have the option of paying pension contributions to Government to count the period of foreign service for the purposes of pension or to continue on their existing terms under which they are not required to pay pension contributions. The officers would be required to exercise options within three months from the date of issue of these orders and those who opt to pay pensions contribution for the past period can be allowed to pay pension contribution for the said period in monthly instalments not exceeding 12 along with contribution for the current period.

6. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued after consultation with the Comptroller and Auditor General of India.

Copy of Office Memorandum No. F. 1(16)-E. III(B)/66, dated the 5th November, 1966, Ministry of Finance, Department of Expenditure.

SUBJECT: - Deputation of Central Government Servants on foreign service with United Nations Bodies-Participation in the U.N. Pension Fund Scheme.According to the Ministry of Home Affairs’ Office Memorandum No. 2/52/53-AIS(I), dated the 24th August, 1953, read with this Ministry’s Office Memorandum No. 1(47)-E.IV(A)/60, dated the 18th October 1960, officers of All India Services and Central Services deputed on foreign service to International Organisations like the United Nations Secretariat/Food and Agriculture Organsiation/International Labour Organisation, etc., are eligible to join the United Nations Joint Staff Pension Fund only as Associate Participants where the period of foreign service is one year or more but less than five years. They are not allowed to become full members, when the period of foreign service exceeds five years. The question of permitting such officers to become full members has been under the consideration of Government. The President is now pleased to decide as follows:-

2. Officers of Central Services deputed on foreign service to United Nations Secretariat and other United Nations Bodies shall be allowed to join the United Nations Joint Staff Pension Fund as full members. During the period of foreign service, no payment of pension contributions will be made to the Government of India by or on behalf of the officer. This period will not count for purposes for calculation of pension under the Government. The officers will be eligible for the benefits due to him from the Organisation concerned under their rules for the period in question. In case the officer does not rejoin Government but retires from Government service while serving with the United Nations Organisation, his pension under the Government rules will be calculated on the basis of service rendered by him another spell under Government, the pension admissible under Government rules will be calculated on the basis of the total of his earlier and later periods of service under Government.

3. The retirement benefits accruing under the United Nations rules will be payable to the officers in Rupees in India. In the case of officers who rejoin Government on the expiry of the foreign service with United Nations Organisations the retirement benefits sanctioned by the United Nations will not be payable concurrently with the salary from the Government but will be credited to the revenues of the Government of India by credit to XLVII-Contributions and recoveries towards intimation to the Accounts Officers, and to the Heads of the Department in the case of Non-gazetted officers, so that a note could be kept in the service records of the officers concerned of the amount received from the United Nations authorities. This amount will be paid to the officer concerned along with his other pensionary benefits when he finally retires from the service of the Government of India, the provisions in the year concerned being made for the payment of this amount under `65 Pensions and Other Retirement Benefits, etc.’.

4. Orders contained in this Ministry’s Office Memorandum dated the 18th October, 1960 referred to in the opening para will continue to apply in respect of associate participants.

5. Separate orders will be issued in respect in All India Services Officers.

6. In so far as the persons serving in the Indian Audit and Account Department are concerned, these orders are issued after consultation with the Comptoller and Auditor General of India.

ANNEXURE `A’

The Government of India for some time past have had under consideration the question of counting the service rendered in the Indian National Army towards civil pension by persons now holding civilian posts. They fall into the following three categories:-

(1) Persons who were holdig civil posts before joining the Indian National Army and have been reinstated in the same post.

(2) Persons who were holding civil posts or were members of the regular Indian Armed Force before joining the Indian National Army and have been re-employed in some other civil posts.

(3) Persons who joined the Indian National Army from the general public or from the Armed Forces and have subsequently been absorbed in civil posts. The President has been pleased to decide that the service rendered in the Indian National Army by the persons of the aforesaid categories may be treated as `war-service’ for the purpose of counting it towards civil pension in terms of article 357-C and 357-D of the Civil Service regulations and this Ministry’s Office Memorandum No. F. 11(15)/EV/56 dated the 5th August, 1958 as amended from time to time.

2. The service in the Indian National Army referred to in the preceeding para will be admitted on the basis of a certificate issued bynistrative authorities to the effect that the claim is genuine and correct. The administrative authorities will give such certificates after verification of documents or collateral evidence etc., produced by the persons concerned. In the case of persons belonging to category (iii) the production of adequate proof like documents relating to their enrolment in the Indian National Army should be insisted upon along with the collateral evidence for their having been in that Army.

3. In so far as the Persons serving in the Indian Audit and Accounts Departments are concerned, these orders have been issued after consultation with the Comptroller and Auditor General of India. The undersigned is directed to invite a reference to this Ministry’s (DPAR’S letter) O.M. No.25011/52/76-AIS(II) dated 2nd March,1977 on the subject mentioned above wherein it was inter-alia provided that a contributory service of 5 years or longer would be required for becoming eligible for retirement benefits from international organisations under the AIS(DCRB) rules, by a member of service who is on foreign service with international organisations.

2. It has had been decided, in consultation with the Ministry of finance, that if a member of service becomes entitled to pensionary benefits (as distinguished from with-drawal benefits) from any international organisation, as per opts their scheme in force from time to time and he opts for the pension scheme of that International Organisation, he will not be required to make any pension contribution for that period to the govt. and such period will not qualify for pension under the Government.

3. DPAR O.M.No.25011/52/76-AIS(II) dated 2nd March, 1977 may therefore be treated as amended accordingly. Other conditions therein will remain unchanged.

(25) In accordance with the instructions contained in Ministry of Defence’s letter No. 5324/Gen/Org. 3 (Records (d)/411D (Pension/Service), dated the 19th January, 1963, the verification of war/military services of All India Services officers has to be done by the State Governments from the appropriate military authorities. The result of the verification, along with the relevant particulars of the case, should then be forwarded to the Accountant General concerned for making necessary entries in the History of Service. Wherever, there is doubt whether or not a particular period of war/military service rendered by an All India Service Officer counts for pension a reference should be made to the Ministry of Home Affairs.

9. Counting of periods of leave as qualifying43 service.

(1) 43 All periods of leave with allowances and extraordinary leave granted on the basis of medical certificate shall count as qualifying service:

Provided that the Central Government may, in any case in which it is satisfied that the extraordinary leave was taken by a member of the Service for any cause beyond the control of such member or for prosecuting higher scientific and technical studies, direct that such extraordinary leave shall be counted as qualifying service.

9(2) Leave granted by foreign employer to a member of the Service while on foreign service out of India under sub-rule (1) of rule 27 of the Leave Rule shall be treated as leave and not as duty and shall qualify for pension subject to the provision of sub-rule (1)

10. Counting of period of deputation or leave outside India for purposes of qualifying service-(1) Where a member of the Service is deputed out of India on duty, the whole period of his absence from India on such deputation shall count as qualifying service.

10(2) Where a member of the service on leave out of India is employed, or is detained on duty out of India after the termination of his leave, the period of such employment or detention shall count as qualifying service:

Provided that the periods deputation convened into leave shall count for purposes of qualifying service as leave and not as deputation .

10(3) Time spent on journey to India by a member of the Service who is recalled to duty before the expiry of any duty sanctioned leave out of India counts as qualifying service.

11. Periods not qualifying as service for pension - The following periods of service of a member of the Service do not count as qualifying service for pension:-

44 11(1)Time passed by a member of the Service under suspension unless, on conclusion of the disciplinary proceeding he has been fully exonerated or the suspension is hold is held to be wholly unjustified:

Provided that where a member of the Service has not been fully exonerated in the disciplinary proceedings or the suspension has not been held to be wholly unjustified, the period of suspension shall count as qualifying service only to such extent and in accordance with such directions as the competent authority may issue under rules 5, 5A or 5B of the All India Services (Descipline and Appeal) rules, 1969,

11(2) Leave other than leave which counts as qualifying service under rule 9.

11(3) Unauthorised absence in continuation of authorised leave absence or joining time.

12. Condonation of Interruption in service.- automaticallty 2(1) In the absence of a specific indication to the contrary in the service records of a member of the Service, an interruption between two spells of service, rendered by him after his appointment to the service shall be treated as condoned and the pre interruption service treated as qualifying service except in a case where interruption is caused by dismissal or removal from service.

12(2) In a case falling under sub-rules (2), (5) or (6) or rule 8, where service rendered by a member of the Service under a State Government or the Central Government prior to his appointment to the Service is counted as qualifying service under the said rule and an interruption in service is inevitable due to the to appointments being at different stations, such interruption not exceeding the joining time permissible under the rules of transfer, shall be treated as automatically condoned.

12(3) In a case where war or military service is counted as qualifying service for pension under sub-rule (4) of rule 8, the interruption if any, in such service as well as any interruption between such service and subsequent civil service shall be treated as automatically condoned.

12(4) The period or periods of interruptions referred to in sub-rules (1) to (3) shall not count as qualifying service.

13. Invalid gratuity or pension.- 13(1) Where the Government has reason to believe that a member of the Service is suffering from:

(a) a contagious disease or

(b) a physical or mental disability which in its opinion interferes with the efficient discharge of his duties., it may direct him to undergo medical examination with a view to retire him from service on invalid gratuity or pension, as the case may be.

A member of the Service also may, if he feels that he is not in a fit state of health to discharge his duties, apply to the Government for retirement on invalid gratuity or pension as the case may be.

13(2) An invalid gratuity or pension and death-cum-retirement gratuity where admissible shall be granted to a member of the Service who having appeared under the direction of the Government or on his own application before a duly, constituted Medical Board, is certified that Medical Board, by bodily or mental infirmity, to be permanently incapacitated for further service. 45 The family of a member of the service who retires or is retired under this rule shall be entitled to the benefits of the family pension as laid down in Rule 22 or 22B.

13 46 (2A) Notwithstanding anything contained in subrule (2), relief against rise in the cost of living index shall be granted to every such member of the Service at such scales and in such manner as may be prescribed by the Central from time to time for officers of the Central Government Civil Services, Class-I.

13(3) The medical certificate of incapacity shall be attested:

(a) if the member of the Service is on leave out of India, by a Medical Board to be convened for the purpose by the Indian Mission in the country in which the member of the Service is on leave;

(b) in other cases, by the Medical board to be convened by the Chief Administrative Medical Officer of the State in which the member of the Service is on duty or on leave. The Chief Administrative Officer, shall, wherever practicable, preside over such a Board.

13(4) Save where he is on leave out of India no member of Service shall apply for a medical certificate of incapacity and no such certificate shall be granted unless -

(a) the applicant produces evidence to show that the Government is aware of his intention to appear before the Chief Administrative Medical Officer; and

(b) the Chief Administrative Medical officer is informed about the age of the applicant as recorded in his history of services and is supplied with a statement of the leave taken by him during the three years immediately preceding and of the history of the medical case and the treatment adopted as far as possible.

13(5) If the medical Board, although unable to discover any specific disease in the member of the Service, considers him incapacitated for further service by general debility while still under the age of 47fifty eight years, it shall give detailed reasons for its opinion. Wherever possible a second medical opinion shall in such cases be obtained.

Note—In a case of this kind statement giving the grounds on which it is proposed to invalid a member of the Service shall be forwarded to the Medical Board by the Government under whom he is serving.

13(6) A certificate that inefficiency is due to old age or natural decay from advancing years shall not be deemed to be sufficient for retiring a member of the Service on invalid gratuity or pension.

13(7) The Medical Certificate shall be in the form set forth in Schedule `C’

14 Restrictions on the grant of invalid gratuity or pension :

14(1) A member of the Service who is discharged from the Service on ground other than those specified in rule 13 shall have no claim in invalid gratuity or pension or death-cum-retirement gratuity even though he produces medical evidence of incapacity for Service. 48[Nor will his family, be entitled to the benefits of the family pension].

14. (2) If the incapacity is directly due to irregular or intemperate habits, no invalid gratuity or pension or death-cum-retirement gratuity shall be granted to a member of the Service. If it has not been directly caused by such habits but has been accelerated or aggravated by them it shall be for the Central Government to decide what reduction, if any, shall be made on this account in the retirement benefits otherwise admissible.

Note--(1) The mere fact that a member of the Service has suffered from syphilis, taken by itself, is not sufficient to bring his case under the operation of this rule.

(2) Unsoundness of mind caused by drug habits shall be taken as sufficient to bring his case under the operation of this rule.

(3) The expression "irregular or intemperate habits occuring in this rule refers to incapacity on account of drug habits or on account of diseases resulting from immoral habits. Cases where incapacity was due to other cause e.g. work at irregular hours during war and after, due to exigencies of service and not due to own volitio48 n, do not come under the purview of this rule.

15. Retirement from service of a member of the service in certain cases and grant of leave:

(1) A member of the Service who has been declared by a Medical Board to be permanently incapacitated for further service shall, if he is on duty, be invalidated from service from the date of relief which shall be arranged without delay on receipt of the report of the Medical Board or, if he is granted leave under subrule (2), on the expiry of such leave.

Provided that if he is on leave at the time of receipt of the report of the Medical Board, he shall be invalidated from service on the expiry of that leave or extension of leave, if any, granted to him under sub-rule (2)

15(2) A member of the Service in respect of whom a Medical Board has reported that there is no reasonable prospect of his ever being fit to return to duty, may not be granted leave except as follows:--

(a) If the Medical Board is unable to say with certainty that the member of the Service will never again be fit for service, leave not exceeding 12 months in all may be granted to him. Such leave shall not be extended without further reference to a Medical Board.

(b) If a member of the Service has been declared by the Medical Board to be completely and permanently incapacitated for further service leave or an extension of leave may be granted to him after the report of the Medical Board has been received, provided that the amount of leave so granted, together with any period of duty beyond the date on which the Medical Board signed their report, shall not exceed 6 months.

Government of India decision below Rule 15 of AIS (DCRB) Rules,1958

It has been held that retirement of a member of an All India Service on invalid pension is not automatic on the expiry of six months from the date on which the Medical Board signed the certificate declaring him to be permanently incapacitated for further service; Government will have to issue an order retiring such an officer from service on invalid pension and the order cannot have retrospective application.

16. Superannuation gratuity or pension.--(1) A member of the Service shall retire from the service with effect from the afternoon of the last day of the month in which he attains the age of 50 49 sixty years;

Provided that a member of the Service whose date of birth is the first day of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty years:

Provided further that a member of the Service dealing with budget work or working as a full-time member of a Committee which is to be wound up within a short period may be given extension of service for a period not exceeding three months in public interest, with the prior approval of the Central Government.

50Provided also that a member of the Service who has attained the age of fifty-eight years on or before the first day of May, 1998 and is on extension in service, shall retire from the service on the expiry of his extended period of service or on the expiry of any further extension, granted by the Central Government in public interest, and that no such extension in service shall be granted beyond the age of sixty years.

5116(2) A member of the Service may, after giving at least three months’ previous notice in writing, to the State Government concerned, retire from service on the date on which such member completes thirty years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice:

Provided that no member of the Service under suspension shall retire from service except with the specific approval of the 52Central Government .

5316(2A) A member of the service may, after giving three months’ previous notice in writing to the State Government concerned, retire from service on the date on which he completes 20 years of qualifying service or any date thereafter to be specified in the notice.

Provided that a notice of retirement given by a member of the service shall require acceptance by the Central Government if the date of retirement on the expiry of the period of notice would be earlier than the date on which the member of the Service could have retired from service under sub-rule (2):

Provided further that a member of the Service, who is on deputation to a corporation or company wholly or substantially to a corporation or company wholly or substantially owned or controlled by the government or to a body controlled or financed by the Government, shall not be eligible to retire from service under this rule for getting himself permanently absorbed in such corporation, company, or body.

5416(3) The Central Government may, in consultation with the State Government concerned and after giving a member of the Service at least three months previous notice in writing, 55or three months’ pay and allowances in lieu of such notice require that member to retire in public interest from service on the date on which such member completes thirty years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice.

56Note 1: In computing the period of three month’s notice referred to in sub-rules (2), (2A) and (3) the date of service of the notice and the date of its expiry shall be excluded.

Note 2: In the case of a member of Service who retire under sub-rule (2) or (2A) or who is retired under sub-rule (3), the date or retirement shall be treated as a non-working day.

5716(4) A superannuation gratuity or pension shall be granted to a member of the Service who is required to retire under sub-rule (1) of this rule.

5816-A Acceptance of date of birth--(1) For the purpose of determination of the date of superannuation of a member of the service, such date shall be calculated with reference to the date of his birth as accepted by the Central Government under this rule.

16-A(2) In relation to a person appointed, after the commencement of the All India Services (Death-cum-Retirement Benefits) Amendment Rules, 1971.

(a) Indian Administrative Service under clause (a) or clause (aa) of sub-rule (1) of rule 4 of the Indian Administrative Service (recruitment) rules, 1954; or

(b) the Indian Police Service under clause (a) or clause (aa) of sub-rule (1) of rule 4 of the Indian Police (Recruitment) Rules, 1954; or

(c) the Indian-Forest Service under clause (a) or clause (aa) of sub-rule (2) of rule 4 of the Indian Forest Service(Recruitment) Rules, 1966.

the date of birth as declared by such person in the application for recruitment to the service shall be accepted by the Central Government as the date of birth of such person.

16-A(3) In relation to a person to whom sub-rule (2) does not apply, the date of birth as recorded in the service book or other similar official document maintained by the concerned government shall be accepted by the Central Government, as the date of birth of such person.

16-A(4) The date of birth as accepted by the Central Government shall not be subject to any alteration except where it is established that a bonafide clerical mistake has been committed in accepting the date of birth under sub-rule (2) or (3).

G.O.I.’s decision below Rule 16 of AIS (DCRB) Rules, 1958

(1) A question was raised whether under rule 16(3) the State Governments have no power to initiate action for retirement of an AIS officer who has completed 30 years of qualifying service or has attained the age of 50 years. The Government of India have held that the State Governments are free to initiate action and suggest the compulsory retirement in public interest of AIS officer who have put up 30 years of qualifying service or have attained notice in writing. The recommendations of the State Governments in these matters would be given due consideration.

(1.2) According to rule 16(3), the orders in each case would need to be issued by the Central Government but the formal Notification giving effect to the above orders would be issued by the State Government.

(G.I., MHA letter No.9/10/64-AIS(II), dated 16th March, 1966).

(2) It has been decided that a notice under sub-rule (2) of Rule 16, addressed to the Central Government can be treated as valid as defect in the notice is only formal, and in the absence of a prescribed form, endorsing a copy of the notice amounts to addressing the notice.

(File No. 28/8/72-AIS(II).]

(3) It has been decided that Government can serve notice of retirement of a member of an All India Service even before he attains the age of 50 years or has completed 30 years of qualifying service subject to the condition that the actual retirement takes place after he has attained age of 50 or has completed 30 years of qualifying service.

[File No. 2/8/72-AIS(II).]

(4) It has been held that there is no bar to issue orders under rule 16(1) granting extension of service to a member of the Service with retrospective effect.

[DP & AR File No. 19/2/74-AIS(II).]

Under sub-rule (2) of rule 16, retirement of a member of thebecomes effective on the expiry of three months’ notice given by him,unless he is under suspension. If such a member is placed undersuspension after he has given the notice, then he will be Governed bythe proviso which is an exception to the general rule imported in rule16(2) . Accordingly specific approval of the Central Govt. asenvisaged under the proviso will he required.

[DP & AR letter No. 25011/4/86-AIS(II), dated 17/4/86.]

(6) It has been decided to lay down the following procedure for processing proposals for the grant of extension of service/re-employment to members of All India Services beyond the age of superannuation:-

Extension of Service : The Ministry/Department of the Government of India which proposes to grant extension of Service to an All India Service officer beyond the age of superannuation, should obtain concurrence of the Government of the State on whose cadre the officer is borne (Joint Cadre Authority if the officer is borne on a Joint Cadre) and the Cadre Controlling Authority, namely, Department of Personnel and A.R. in the case of IAS Officer, Police Division of the

Ministry of Home Affairs in the case of IPS officers and the Department of Agriculture in the case of IFS officers, before submitting the proposal to the Appointments Committee of the Cabinet. After obtaining approval of the A.C.C., the administrative Ministry/Department should request the State Government concerned, under intimation to the Cadre Controlling Authority to issue orders under proviso to rule 16(1) of All India Service (D.C.R.B.) Rules, 1958, extending the service of the member of the service concerned, which the State Government alone are competent to issue.

Re-employment : The Ministry/Department of the Government of India, which proposes to re-employee a retired All India Service officer should consult the Government of the State on whose Cadre the officer is borne (Joint Cadre Authority if the officer is borne on a Joint Cadre). Therefore, the administrative Ministry should refer the proposal to the Cadre Controlling Authority for its concurrence before submitting the case to the A.C.C.

Subject to the above, the grant of extension in service/re-employment to All India Service officers beyond the age or superannuation will be governed by the criteria and procedure laid down in the Department of Personnel & A.R.’s OM No. 26011/1/77-Est.B, dated 18th May, 1978.]

[DP & AR O.M. No. 25011/42/72/AIS(II), dated 29th August, 1978.]

(7) The criteria and procedure laid down in the Ministry of Home Affairs O.M. No. 26/11/68-Est. B, dated the 17th June, 1969 (since replaced by the DP & AR OM No. 26011/1/79-Estt. B., dated the 18th May, 1978) ar strictly followed while granting e-employment/extension of service to All India Service officers under the Central Government. It is suggested that these instructions may be kept in mind by the State Government while deciding cases of re-employment/extension of service to All India Service officers under them.

[DP & AR letter No. 5/16/74-AIS(II), dated 26th August, 1974.] Copy of Department of personnel & A.R. O.M. No. 26011/1/77-Est.B, dated 18th May, 1977.

SUBJECT : Grant of extension/re-employment of Central Government employees beyond the age of superannuation-Issue of consolidated instructions-

The instructions on the grant of extension of service/re-employment to Central Government employees beyond the age of superannuation have been issued by the Ministry of Home Affairs (the Department of Personnel and Administrative Reforms) from time to time over a period of years starting from 1945 onwards. The existing instructions, being spread over a number of memoranda, have been summarised and given below in a consolidated form.

The age of retirement of different categories of Central Government employees have been laid down in the Fundamental (Amendment) Rules, 1975 notified vide Notification No. 7(7)EV(A)/74, dated 7-2-75 of the Ministry of Finance (Department of Expenditure).

On attaining the age indicated in the above rules, retirement is automatic and in the absence of specific orders to the contrary by the competent authority a Government servant must retire on the due date. The date superannuation of a Government servant is knowing advance and ordinarily there should not be the question of failure to make arrangements for his release sufficiently in advance. It is the responsibility of the administrative authority concerned to ensure that the Government servants under their control so retire.’

It would be appreciated that in each case of extension or re-employment, it is not only the next man who misses promotion but often several people miss consequential promotions all along the hierarchical strata. Thus, one person getting re-employment/extension means deferment of promotion for six or seven persons. Too many cases of extension in service or re-extension are to cause frustration and affect the moral of the staff in general. Keeping in view these circumstances the following criteria and that extensions/re-employments of superannuated officers are resorted to only in really exceptional circumstances.

The procedure indicated in the following paragraphs should also be followed by the Ministries/Departments in regard to posts in statutory/autonomous bodies and Public sector Undertakings the initial appointments to which are required to be made by or with the approval of the President/Central Government. Ministries/Department of the Government of India should bring to the notice of the autonomous bodies the instructions mentioned herein and request them to consider whether similar principles should not be adopted by them for other appointments.

1.CRITERIA FOR EXTENSION/PRE- EMPLOYMENT

(1) The age of superannuation should ordinarily be considered.

(2) Extension of service/re-employment can be justified only in very rare and exceptional circumstances. Even in such cases,60 years of age should be the deadline for non-scientific/non-technical posts and 62 years in the case of scientific/technical personnel. This should not be construed to mean that extensions of service/re-employment can be granted to non-scientific/non- technical personnel upto the age of 60 years and to scientific/technical personnel upto the age of 62 years more or less as a matter of course. The over-riding consideration for the grant of extension of service/re-employment is that it must be clearly in the public interest and in addition satisfy one of the following two conditions:-

(i) that other officers are not ripe enough to take over the job; or

(ii) that in retiring officer is of outstanding merit.

Test (i) would be satisfied only if there is shortage in a particular specialisation, or if it is not possible to find a suitable successor or if the officer is engaged on a work or project of vital importance which is likely to produce results in a year or two. If officers in the next lower post are not eligible for promotion on the ground that they have not put in the minimum service in the lower grade prescribed under the rules, no promotions can be made to the higher grade, unless such officer put in the requisite length of service. But officers who are eligible for promotion to the post against which extension/re-employment is recommended, should not be rejected solely on the ground that they do not have as much experience as the retiring officer. They should be considered for promotion a according to the recruitment rules and if they are found suitable they should be promoted to the posts being vacated by the retiring officer.

Test (ii) would not be satisfied by the mere fact that the specialist (e.g. a scientific or technical officer) is fit in all respects or is otherwise able to discharge effectively of the post held by him.

(3) No extension of service/re-employment should be considered on the ground that a suitable successor is not available unless it is established that action to select a successor had been taken well in advance, but the selection could not be finalised in time for justifiable reasons.

(4) A proposal for the grant of extension of service/re-employment based merely on the consideration that the officer’s predecessor had been given extension/re-employment should obviously not be accepted.

(5) Honorary appointment in Public Sector Undertakings in the case of honorary appointments, e.g. appointments on the Board of Directs of Public Sector Undertaking, the limit may be 65 years provided the appointment is really honorary and does not carry any substantial remuneration.

(6) Appointments of retired officers even in honorary posts of Chairman and Members of the Board of Management including the Managing Director and the Financial Adviser (if the Financial Adviser is a member of the Board of Management) of any State/Government owned corporation, company or Enterprise or of various Public Sector Undertaking should not, as a general rule, be proposed for the approval of the Appointments Committee of the Cabinet. However, where the Administrative Ministry/Department consider that there are exceptional circumstances which would justify the appointment of a retired officer, a detailed justification should be given for the consideration of the Appointments Committee.

(7) Criteria for higher officer:-While making proposals for  extension of service/re-employment in higher posts, it is all the more necessary to apply higher standards of efficiency to persons whose appointments to the higher posts are recommended for approval of Appointments Committee of the Cabinet. The number of top posts is bound to be very limited and a few persons should not have them for too long.

VI. CENTRAL GOVERNMENT EMPLOYEES WHO TOOK PART IN NATIONAL MOVEMENT:

Persons who took part in the National Movement and were thereby prevented from the availing themselves the normal opportunities for entry into Government service has been granted age concessions in the matter of entering into government service (vide MHA’s Office Memorandum No. 15/21/48-Estt., dated 29.11.48 and No. 6.1.51-MGS, dated 14.2.1951).

They have also been allowed, subject to certain conditions, to add to their service qualifying for superannuation persons, (but not for any other class of pension), the actual period not exceeding of the length of their service of the actual period of 5 years whichever is least, However, as regards the question of grant of extension of service/re-employment beyond the age of superannuation, they will be governed by the same orders as are applicable to other Central Government employees.

VII. CURTAILMENT OF THE PERIOD OF EXTENSION/RE-EMPLOYMENT:

A situation might arise where the grant of extension of service/re-employment beyond the age of superannuation for a specified period might have to be cancelled or modified at a later date for administrative reasons. As the Government is committed to retaining the officer for a specified period it cannot dispense with his service before the expiry of that period except on disciplinary grounds. It is, therefore, necessary that in every case the order granting an extension of service/re-remployment should include a clause providing for termination of service after three months/one month’s notice at any time within the period of extension/re-employment.

VIII. PROMOTION:

No government servant who is on extension of service after the prescribed date of retirement should be promoted to another post during the period of extension of service.

IX. PAY:

The pay of superannuated Government servant re-employed in Central Civil Department will be regulated in accordance with the instruction contained in Ministry of Finance Office Memorandum No. 8(34)-E.III/57 dated 25-11-1958 (as amended from time to time).

Proforma for sending proposals for approval of Ministry of Home Affairs or for internal use in a Ministry/Department for grant of extension/re-employment to Government servants beyond the age of superannuation

1. Designation of the Post:

2. Duration of the Post:

3. Scale and terms of the post and perquisities atteched,if any:

4. Whether financial sanction for the creation of the post/continuance of post for the duration shown at (2) has been obtained:

5. Method of recruitment:

6. Name and the terminal date of appointment of the outgoing incumbent of the post:

7. Name of the officer proposed for appointment and the service to which he belongs:

8. Full service particulars of the Officer with dated of birth and pay drawn:

9. Names of other officers considered:

10.If promotion post, whether copies of proceedings of a D.P.C. are being enclosed? if not, why?

11.Whether character roll of the officers proposed and those considered are being sent? if not, why?

12.If the proposal involves extension/re-employment, please indicate:

(i) (a) Whether the post is scientific/technical or non-scientific/non-technical:

(b) Whether the officer is to be granted extension of service or re-employment:

(c) Period of extension/re-employment granted earlier to the officer, if any:

(d) Date from which extension/re-employment is to be granted:

(e) Period of extension or service/re-employment:

(ii) Justification for grant of extension/re-employment if the post is technical/scientific:

(iii) Justification for grant of extension/re-employment if the post is non-technical/non-scientific:

(iv) (a) The date from which it was known that vacancy would occur:

(b) Action taken to select a successor with chronological details:

(c) If selection is being made, reasons why this could not be finalised in good time:

(d) If proposal involves extension/re-employment; can some officiating or ad hoc arrangements be made, pending fresh appointment by proper selection? if not, why not?

(v) If the case is referable to A.C.C., whether the case has been discussed with Cabinet Secretary? if so, his reaction to the proposal:

(vi) Whether orders of the Minister-in-charge have been obtained?

13.Whether the prescribed Integrity certificate, from the appropriate authority, is enclosed.

(8) It has been decided to lay down the following guidelines for the acceptance of the notice of retirement under sub-rule (2A) of Rule 16 of the All India Service (Death-cum-retirement Benefits) Rules, 1958 for the information and guidance of the State Governments:-

(i) A notice of voluntary retirement given by a member of the service may be withdrawn by him, after it is accepted by the State Government, only with the approval of the StateGovernment concerned provided the request for such withdrawal is made before the expiry of the period of notice.

(ii) In cases where disciplinary proceedings are pending or contemplated against a member of the Service for the imposition of a major penalty and the disciplinaryauthority having regard to the circumstances of the case,is of the view that the imposition of the major penalty of removal or dismissal for service would be warranted, the notice of voluntary retirement given by the officer concerned may not ordinarily be accepted.

(iii) In cases where prosecution is contemplated or may have been launched in a court of law against a member of the service, the notice of voluntary retirement given by him may not ordinarily be accepted.

(iv) The notice of voluntary retirement given a member of the Service, Who is on study leave or who has but not completed a minimum service of 3 years on completion of study leave, may not ordinarily be accepted.

[DP & AR letter No. 25011/2/80-AIS(II), dated the 16th October, 1980.]

(9) The first provision to sub-rule (1) 16 of AIS (DCRB) Rules, 1958, provides that a member of an All India Service may be retained in service after the last day of the month in which he attains the age of 58 years on public grounds for an aggregate period not exceeding six months by the State Government concerned and for any period beyond six months with the sanction of the Central Government. Details regarding extension in service granted to members of All India Service are frequently required by the Central Government for answering Parliament question etc., Since State Government are competent to sanction extension of service to members of All India Services upto six months without consulting the Central Government, the Central Government find it difficult to compile complete information about extension of service granted to members of All India Services. The State Governments have therefore, been requested that copies of orders/notifications issued by the State Government granting extension of service to members of All India Services, may be endorsed to this Department(All India Services Division) in the case of members of the Indian Administrative Service, the Ministry of Home Affairs (Police Division) in the case of members of the Indian Police Service and the Department of Agriculture & Cooperation in the case of members of the Indian Forest Service.

[DP & AR letter No. 25011/21/82-AIS(II), dated the 18th September, 1982.]

5917. Retiring Pension and gratuity.

(1) A retiring pension and death-cum-retirement gratuity shall be granted to a member of the Service who retires or is required to retire under rule 16.

60(2) Notwithstanding anything contained in sub-rule (1), relief against rise in the cost of living index shall be granted to every such member of the Service at such scale and in such manner as may be prescribed by the Central Government from time to time for officers of the Central Civil Services, Class I.

GOI’s decision below Rule 17 of AIS (DCRB) Rules, 1958.

It was brought to the notice of the Government that an officer of the All India Services had obtained a loan from the Life Insurance Corporation and in the mortgage deed executed by him, he agreed inter alia, that in the event of termination of his service by death, retirement or otherwise, the retirement benefits to be received will be paid towards discharging all amount under the said Mortgage Deed by way of principal, interest or otherwise, if so due at the relevant time. He also agreed that if possible, he would appoint the Corporation as his nominee to receive the provident fund, gratuity and other retirement benefits.

1.2 The Government of India have examined the question whether the A.I.S. officers can pledge their retirement benefits to the Life Insurance Corporation. Section 12 of the Pension Act., 1871 and Section 3 or the Provident Fund Act, 1925 do not permit an officer to pledge his pensionor provident fund in this manner.

1.3 As regards nominating the Life Insurance Corporation to receive the retirement benefits like gratuity, provident fund, etc., the respective rules regarding nomination do not permit such a course when the officer has family

[G.I., MHA letter No. 29/53/64-AIS(II), dated 22nd March, 1965.]

2. It has been decided that pension can be held in abeyance.

[Deptt. of Personnel & AR File No. 29/88/71-AIS(II).]

18. Amount of Gratuity or Pension

18(1) (a) In case a member of the Service retires from service in accordance with the provisions of these rules, before completing qualifying service of ten years gratuity shall be admissible at the rate of half month’s pay of each completed six monthly period of qualifying service;

18(1)(b) (i) In case a member of the service retires from service in accordance with the provisions of these rules, after completing qualifying service of thirty three years or more, pension shall be admissible to him at the rate of fifty per cent of the average emoluments reckonable for pension:

Provided that the pension calculated under this rule shall not be more than rupees fifteen thousand per month subject to the condition that the full pension shall in no case be less than fifty per cent of the minimum of the revised scale of pay introduced with effect from the 1st day of January,1996 for the post last held by the member of the Service at the time of his retirement.

18(1)(b)(ii) In case a member of the Service retires from service in accordance with the provisions of these rules after completing 10 years of qualifying service but less than 33 years of qualifying service, the pension admissible to him shall be such proportion of the maximum pension admissible 62 [ ] under this sub-rule as the qualifying service rendered by him bears to the qualifying service of 33 years.

62 " In case a member of the Service retires from Service between the 1st January, 199661 and the 31st December, 1997, and exercises an option to retain the pre-revised scale of pay and draws pension and death-cum-retirement gratuity under the rules in force immediately before the 1st day of January, 1996, the pension and death-cum-retirement gratuity in such cases shall be regulated as follows:

(i) Pension shall be calculated at fifty percent of the average emoluments. To the amount so calculated. Dearness Relief upto AICPI 1510 at the prescribed rates shall be added and the amount so arrived at shall be regarded as pension.

(ii) Death-cum-retirement gratuity shall be admissible with reference to emoluments at (i) above under the orders/rules ( including that in respect of ceiling ) in force immediately before coming into effect of the revised rules, with effect from 1st day of January, 1996.

Explanation:- In this sub-clause," emoluments means "Pay" as defined in first provision of Rule 2(1) (bb).

64 Note:- A member of the service retired from service before 1st day of January, 1986 shall be granted such additional relief in pension as may be sanctioned by the Central Government.

59Substituted w.e.f.30.8.1965 vide M.H.A. Notification No. 29/10/64-AIS(II), dated 1/9/65.

60Inserted/re-numbered w.e.f. 1.5. 1973 vide Notification No. 33/20/73-AIS(II), dated 31.5.1975. (G.S.R. No. 724, dated 14.6.75)

61Substituted vide Notification No. 25011/14/79-AIS(II), dated 1.9.1979, (GSR No. 1151, dated 15. 9. 79) and again substituted vide Notification No. 2501/12/87-AIS(II) dated 22.5.87 (GSR 522E)

62Substituted and omitted vide DP&T Notification No. 25011/12/87 AIS(II) dated 22.5.1987 (GSR 522E)

63Deleted.

18(2) An Indian Civil Service member of the Indian Administrative Service shall be entitled to receive an annuity of Rs. 13,333.33

Provided that if any such member opts for the death-cum-retirement gratuity scheme, his annuity shall be reduced by the annuity equivalent amount of gratuity;

64Provided that the amount of invalid pension shall not be less than the amount of family pension admissible under sub-rule (2) of rule 22B.

65Note: A member of the service retired from service before 1stday of January, 1986 shall be granted such additional relief inpension as may be sanctioned by the Central Government.

19. Death cum retirement gratuity-(1) Subject to the provisions of rule 14 a member of the Service who retires or is retired under rule 13 or 1665 and has on the date of such retirement completed 5 years qualifying service may be granted a death-cum-retirement gratuity not exceeding the amount specified in sub-rule (3).

19(2) If a member of the Service 66 [] dies while in service, a death-cum-retirement gratuity not exceeding the amount specified in sub-rule (3) may be paid to the person or persons on whom the right to receive such gratuity is conferred under rule 21 and, if there is no such person, it may be paid in the manner indicated below:

(i) If there are one or more surviving members of the family as in items (i), (ii) and (iii) of clause (a) of sub-rule (1) of rule 21, it may be paid to all such members, other than any such member who is a widowed daughter, in equal shares.

(ii) If there are no such surviving members of the family as in clause (i) above, but there are one or more surviving widowed daughters and/or one or more surviving members of the family as in items 67 [(iv) to (viii)] of clause (a) of sub-rule (1) of rule 21, it may be

(ii) If there are no such surviving members of the family as in clause (i) above, but there are one or more surviving widowed daughters and/or one or more surviving members of the family as in items 67[(iv) to (viii)] of clause (a) of sub-rule(1) of rule 21, it may be paid to all such members, in equal shares.

68 19(2A) If a member of the Service dies after retirement without receiving the gratuity admissible under these rules, the gratuity shall be disbursed to the family in the manner indicated in sub-rule(2).

19(2B) The right of a female member of the family or that of a brother of the member of the Service who dies while in service or after retirement, to receive the share of gratuity shall not be affected if the female member marries or re-marries or the brother attains the age of 18 years after death of the member of the member of the service and before receiving his or her share of gratuity.

19(2C) Where gratuity is granted under this rule to a minor member of the family of the deceased member of the service, it shall be payable to the guardian on behalf of the minor.

69 19(3)(a)(i) A retirement gratuity equal to one fourth of the emoluments for each completed period of six months of service shall be paid to member of the service on his retirement from service who has completed five years’ qualifying service, subject to a maximum of sixteen and half times of the emoluments:

Provided that the amount of retirement gratuity payable under this clause shall not exceed rupees three lakh and fifty thousand

19(3)(a)(ii) In the case of the death of a member of the service while in service, death gratuity shall be admissible at the following rates:-

Length of service

Rate of Gratuity

(i)

Less than one year

two times of emoluments

(ii)

One year or more but less than 5 years.

six times of emoluments

(iii)

5 years or more but less than 20 years

12, times of emoluments

(iv)

20 years or more

half of emoluments for every commpleted six monthly period of qualifying service subject to a maximum of 33 times emoluments provided that the amount of Death Gratuity shall in no case exceed Rupees three lakh and fifty thousand

 

19(3)(b) If a member of the Service who has become eligible for gratuity or pension dies after he has retired from the Service, and the sums to which he had become entitled at the time of his death on account of such gratuity or pension together with the death-cum-retirement gratuity granted under sub-rule(1) and the commuted value of any portion of pension commuted by him are less than an amount equal to 12 times his emoluments, a gratuity equal to the deficiency may be granted to the person or persons specified in sub-rule (2).

70 [ ] Omitted

71 19A. Interest on delayed payment of Gratuity or Death-cum-Retirement Gratuity:

19A (1) If the payment of gratuity or death-cum-retirement gratuity has been authorised after three months from the date when its payment became due, and it is clearly established that the delay in payment was attributable to administrative lapse 72 interest at the rate prescribed by the Central Government from time to time shall be paid on the amount of gratuity or death-cum-retirement gratuity in respect of the period beyond three months.

19A (2) If as a result of Government’s decision taken subsequent to the retirement of a member of the Service, the amount of gratuity or death-cum-retirement gratuity already paid on his retirement is enhanced on account of,-

(i) Grant of emoluments higher than the emoluments gratuity was determined; or

(ii) liberalisation in the provisions of these rules from a date prior to the date of retirement of the member of the service concerned, no interest on the arrears of the gratuity or death-cum-retirement gratuity shall be paid.

73 19-B. Deposit Linked Insurance Scheme for members of the services-

On the death of the member of the service on or before 30th Sept. 91 and to whom rule 19BBdoes not apply the persons entitled to receive the amount standing to his credit in the Provident Fund under the All India Services (Provident Fund) Rules, 1955, shall be sanctioned an additional amount equal to the average balance the said account during the three years immediately preceding the death of such members, subject to the fulfillment of the following conditions, namely:-

(a) the balance in the said account should not have fallen below Rs.400074 74 at any time during the said period of three years.

(b) the limits upto which the benefit of insurance cover will be available will be Rs. 10,000.74

(c) the benefit would be admissible only if the member of the service has put in at least five years’ service at the time of his death.

Note 1.- The average balance shall be worked out on the basis of the balance at the credit of a member of the service in his provident fund account at the end of each of the 36 months preceding the month in which the death occurs.

For this purpose, as also for checking the minimum balance prescribed in clause (a) above -

(i) the balance at the end of March, shall include the interest credited under rule 9 of the All India Service (Provident Fund) Rules, 1955, and

(ii) if the last of the aforesaid 36 months is not the month of March, the balance at the end of the said, last month shall include interest in respect of the period from the beginning of the financial year in which death occurs to the end of the said last month.

Note 2.- Payment under this scheme shall be in whole rupees. If an amount due includes a fraction of a rupee it shall be rounded to the nearest rupee, a fraction of less than 50 paise being ignored.

Note 3. - Any sum payable under this Scheme is in the nature of insurance money and, therefore, the statutory protection given by section 3 of the Provident Fund Act - 1925 (Act 19 of 1925) shall not apply.

75 19.B Deposit -Link and Insurance Revised Scheme for members of the service - on the death of a member of the service, the person entitled to receive the amount standing to the credit of the member in the provident fund under the All India Services (Provident Fund) Rules, 1955, shall be sanctioned an additional amount equal to the average balance in the said account during the 3 years immediately preceding the death of such member, subject to the fulfillment of the following conditions, namely:-

(a) the balance in the said account shou ld not have fallen below Rs. 12,000/- at any time during the 3 years preceding the month of death

(b) the additional amount payable under this rule shall not exceed Rs. 30,000/-

(c) the member of the service had put in at least 5 years of service of the time of his/her death.

Note.I. The average balance shall be worked out on the basis of the balance at the credit of the member of the service in his provident fund account at the end of each of the 36 months preceding the month in which the death occurs. For this purpose, as also for checking the minimum balance prescribed in clause (a);

(i) the balance at the end of March shall include the interest credited under rule 9 of the All India Services (Provident Fund) Rules, 1955; and

(ii) If the last of the aforesaid 36 months is not the month of March, the balance at the and of said last month shall include interest in respect of the period from the beginning of the financial year in which death occurs to the and of the said last month.

Note.2. Payment under this scheme shall be in whole rupees. If an amount due includes a fraction of a rupee it shall be rounded to the nearest rupees (50 paise or above counting as the next higher rupee).

Note.3. Any sum payable under this scheme is in the nature of insurance money and, therefore, the statutory protection given by section 3 of the Provident Fund Act, 1925 (Act 19 of 1925) does not apply to sums payable under this Scheme.

19-C. Recovery and Adjustments of Government dues :

(1) It shall be the duty of every retiring member of the service to clear all Government dues before the date of his retirement.

(2) Where a retiring member of the Service does not clear the Government dues and such dues are ascertainable.-

(a) an equivalent case deposit may be taken from him; or

(b) an equivalent amount shall be deducted from the gratuity and the death-cum-retirement gratuity.

Explanation: For the purpose of this rule, dues which are ascertainable shall include balance of house building or conveyance advance, arrears of rent and other charge pertaining to occupation of Government accommodation, over payment of pay and allowances and arrears of income-tax deductable at source under the Income-tax Act,1961 (43 of 1961).

G.O.I.’s Decision below Rule 19-B of AIS (DCRB) Rules, 1958

A question has been raised as to whose Budget (State or Central) the extra expenditure under the Deposit Linked Insurance Scheme will be debited in cases where members of the All India Services die while working under the state Government or the Central Government. It has been decided in consultation with the Ministry of Finance and C & AG that the payments has to be debited against the Budget provision made by the concerned Accountant General out of the estimate in respect of the scheme prepared by him. In respect of members of the All India Services allotted to different States, the Budget provision will be made from the state Govt.’s budget under an appropriate Head. When the members of the All India Services borne on a State Cadre are on deputation either to the Central Government or to any other State Government, the Accounts Officer who maintains the provident fund account of the office concerned shall make final payment out of the provisions of the State.

[DP & AR letter No. 15011/65/75-AIS(II), dated 14.11.1965]

Letter No. 7/20/89-P & No. (F) dt. 22.1.91 included to members of AIS vide letter 25011/10/91-AIS(II) dt. 21.3.91.

It has been decided that if the payment of gratuity has been delayed due to administrative lapses for no fault of the retiring employee in cases of retirement other than superannuation, the payment of interest may be regulated in the following manner:-

i) In case of Govt. servants against whom disciplinary/judicial proceedings are pending on the date of retirement and in which gratuity is withheld till the conclusion of the proceedings:-

a) In such cases if the government servant is exonerated of all charges and where the gratuity is paid on the conclusion of such proceeding, the payment of gratuity will be deemed to have failing due on the date following the date of retirement vide DPA Rs OM No. 1/4/Pen. Unit/82 dated 10/1/83, If the payment of gratuity has been interest may be allowed beyond the period of 3 months from the date of retirement.

b) In cases where the disciplinary/judicial proceedings are dropped on account of the death of the Government servant during the pendency of disciplinary/judicial proceedings, the payment of gratuity will be deemed to have fallen due on the date following the date of death and if the payment of gratuity has been delayed interest may be allowed for the period of delay beyond 3 months from the date of death.

c) In cases where the Government servant is not fully exponerated on the conclusion of disciplinary/judicial proceedings and where the competent authority decides to allow payment of gratuity in such cases the payment of gratuity will be deemed to have fallen due on the date of issue of orders by the competant authority for payment of gratuity vide DPAR’s OM No. 7(1)/79P dated 11.7.1979. If the payment of gratuity is delayed in such cases interest will be payable for the period of delay beyond 3 months from the date of issue of the above mentioned orders by the competent authority.

ii) On retirement other than on superannuation:-

Such cases of retirement will be either under clause (j) or clause (k) of FR 56 or Rules 38, 39, 40, 48 or 48-A of the CCS (Pension sanctioning authority does not get adequate time for proceeding pension papers, as it available to it in the case of retirement on superannuation. Instructions have already been issued from time to time that the work relating to verification of service should be done on year to year basis and should not be kept in arrears. Provisions also exist that and should not be kept in arrears. Provisions also exist that on completion of 25 years service (qualifying) or on one being left with 5 years service before the date of retirement, which ever is earlier, the Head of Office should verify the service rendered by such government communicate to him the period of qualifying service as determined vide Rule 32 of the CSS(pension) Rule, 1972. It is, therefore, expected that even in cases of retiring employees. It has therefore been decided that where the payment of gratuity in such cases is delayed beyond 6 months from the date of such retirement, interest should be paid for the period of delay beyond 6 months from the date of retirement.

iii) On death of the government servant while in service. Such cases may be considered on the same line as mentioned in clause (ii) above. Detailed procedure for processing the payment of death gratuity is explained in Rule 77 to 80 of the CCS (Pension) Rules, 1972. It is felt that in these cases also it should be possible for the respective offices to process the payment of death gratuity within a reasonable time. It has, therefore, been decided that where the payment of death gratuity is delayed beyond 6 months from the date of death, interest should be paid for the period of delay beyond 6 months from the date of death. If in any case the payment of death gratuity is held up on account of more than one claimant staking his/her qualify for payment of interest in terms of these orders. These will be examined separately in consultation with this Department on the merits of each.

iv) Cases where the amount of gratuity already paid is enhanced on account of revision of emoluments or libralisation in the provisions relating to gratuity from the date prior to the date of retirement of the government servant concerned:-

At present, no interest is paid in such cases. Representations have been received that the payment of difference in gratuity in such cases is unduly delayed. It is expected that once the orders relating to revision of emoluments reckoning for gratuity or liberalisation of rules relating to entitlement of gratuity is issued, the difference in gratuity should be paid within a reasonable time. Taking into account of arrears of a gratuity is delayed beyond a period of 3 months from the date of issue of the orders revising the emoluments/liberalisation in the rules, interest may be allowed for the delay beyond the period of 3 months of the date of issue on the said orders.

v) In cases of permanent absoprtion in PSU/autonomous bodies otherwise than on enmass transfer on concersion of government department or a part thereof into PSU/autonomous body:-

Payment of interest on delayed payment of gratuity in these cases may also be decided in the same manner as prescribed in clause

(ii) above. If the payment of gratuity has been delayed beyond 6 months from the date of permanent absorption the interest may be allowed for the period of delay beyond 6 months.

3. As far as retirement on superannuation is concerned, the existing procedure for grant of interest if the payment of gratuity is delayed due to administrative reasons/lapases for no fault of the retiring employee will continue to be applicable. In other words,interest will be allowed for the period of delay beyond 3 months from the date of retirement.

4. It has also been observed that there is a general impression among the administrative authorities that interest is to be paid only after disciplinary action being taken against the defaulting staff found reasonable for the delay in payment of gratuity is concluded. It is hereby clarified that this impression is not correct. In all cases in which it is established that the delay in payment of gratuity was attributable to administrative lapse and for no fault of the retiring employee concerned, the interest should be paid without waiting for the outcome of the disciplinary proceedings against the defalting staff. The disciplinary cases should be proceeded with separately. This may kindly be borne in mind while regulating cases under paragraphs 2 and 3 above. Wherever interest becomes payable in terms of these orders, the same shall be allowed upto the end of the months proceding the months in which gratuity/arrears of gratuity is paid.

5. These orders shall take effect from the date of issue this O.M. The cases of those government servants who retired/died while in service before this date would also be covered if gratuity has not been paid as on the date of issue of this office Memorandum and there has been delay in its payment beyond three months/six months, as the case may be , of the date of their retirement/death but the interest would be payable in such cases only from the date of the issue of this OM or three months/six months, as the case may be, from the date of retirement/death, whichever date is later. Past cases of retirement otherwise than on superannuation and on death already settled beforethe issue of this OM, however, need not be reopened .

[2504/10/91-AIS(II) dt. 21.3.91.]

No. 1/17/86-P&PW dt. 29/8/86. excluded to members of AIS vide letter 25011/12/89-AIS(II) dt. 17/5/89.

In the normal course unless a period of 7 years has elapsed since the date of disappearance of the employee, he cannot be deemed to be dead and the retirement benefits cannot be paid to the family.

This principle is based on Section 108 of the Indian Evidence Act Which provides that when the question is whether the man is alive or dead and it is proved that he has not been heard of for 7 years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it.

2. Withholding of the benefits due to the family has been causing a great deal of hardship and it has been decided that

(i) when an employee disappears leaving his family, the family can be paid in the first instance the amount of salary due, leave encashment due and the amount of G.P.F. having regard to the nomination made by the employee,

(ii) After the elapse of a period of one year, other benefits like DCRG/family pension may also be granted to the family subject to the fulfilment of leaving conditions.

3. The above benefits may be sanctioned by the administrative Ministry/Department after observing the following formalities:-

i) The family must lodge a report with the concerned Police Station and obtain a report that the employee has not been traced after all efforts had been made by the police.

ii) An Indemnity Bond should be taken from the nominee/dependents of the employee that all payments will be adjusted against the payments due to the employee in case he appears on the scene and make any claim.

4. The Head of Office will assess all Government dues outstanding against the Government servant and effect their recovery.

5. The family can apply to the Head of the Office of the Government servant for grant of family pension and DCR Gratuity, after one year from the date of disappearance of the Government servant in accordance with the prescribed procedure for sanction of family pension and DCR Gratuity. In case the disbursement of DCR Gratuity is not effected within three months of the date of application, the interest shall be paid at the rates applicable and responsibility for the delay fixed.

[25011/12/89-AIS(II) dt. 17.5.89]

sd/-
(S.V. Singh)
Deputy Secretary to the Government of India

To

All Ministries/Department of the Govt. of India etc. etc

A certified copy of the pension calculation sheet is to be supplied to the pensioners alongwith the pension payment order. The Central Government have revised the pension calculation sheet

A certified copy of the pension calculation sheet as in the revised format be supplied to the pensioner alongwith the pension payment orders.

PENSION CALCULATION SHEET

1. Name

2. Designation

3. Date of Birth

4. Date of entry in the Govt. service

5. Date of retirement

6. Rules under which pensionary All India Services
benefits were settled (DCRB) Rules, 1958

7.Length of qualifying service
reckoned for pension/gratuity (as indicated in PPO)

8.Emoluments drawn during the last 10 months

9(1) Average emoluments for pension (as indicated in PPO)

  (2) Retirement gratuity admissible

Calculations to be shown as follows:

Avg.Emo. Q.S.(In completed 6 monthly period not exceeding 66)

10. (1) Emoluments for gratuity (as indicated in PPO)

      (2) Retirement gratuity admissible  Calculation to be shown as follows:

    Emoluments Q.S.(In completed 6 monthly period not exceeding 66)

11. (1) Emoluments for Family Pension (as indicated in PPO)

      (2) Family Pension admissible Calculations to be shown as follows:

(a) Ord. Family Pension: Pay last prescribed % sub. to prescribed min. & max.

(b) Enhanced Family Pension:

Family Pension at ordinary rate as at (a) above x 2, subject to prescribed minimum and maximum as per rule 22.B.

12. Details of Commutation of Pension:

(i) Percentage/amount of monthly pension commuted; and

(ii) Amount of Commuted value of pension authorised:

Head of Office

Countersigned

P.A.O.

[25011/4/92-AIS(II) dt. 3.3.92]

Extra-ordinary Pension - Cases of All India Service Officers:-

Rates applicable to afterconsaltation with State Govts, as required under rule 2(b) of the All India Service (conditions of Service:- Residuary Matters) Rules, 1960- it has been decided that in the matter of grant of Extra-ordinary Pension to AIS officers Serving in conection with the affairs of a State an option may be granted to officers to elect the extra-ordinary pension rules of the State Govt. or orders is need by Govt. of India, whichever is more favourable to them. [30/2/66-AISII dt. 3/7/67]

21. Nominations.-

(1) For the purpose of this rule-

(a) "family" shall include the following relatives of the member of the Service:-

(i) Wife or husband;

(ii) sons;

(iii) unmarried and widowed daughters;

(iv) brothers below the age of 18 years, and unmarried or widowed sisters;

(v) father;

(vi) mother;

vii) married daughters; and

(viii) children of a pre-deceased son.

NOTE 1.- Items (ii) and (iii) will include step children.

NOTE 2.- An adopted son or an adopted daughter may be treated as son or daughter for the purpose of this rule provided that the Accounts Officer, or if any doubt arises in the mind of the Accounts Officer, the solicitor to the State Government is satisfied that under the personal law of the member of the service adoption is legally recognised conferring the status of a natural child.

(b) "person" shall include any company or association or body of individuals whether incorporated or not.

(2) A member of the Service shall, soon after confirmation in the Service make a nomination conferring on one or more persons the right to receive the death-cum-retirement gratuity, that may be sanctioned under sub-rule (2) or clause (b) of sub-rule (3) of rule 19 and any gratuity, which having become admissible to him under rule 18 had not been paid to him before his death.

Provided that:

(i) if at the time of making the nomination, the member of the Service has a family, the nomination shall not be in favour of any person or persons other than the members of his family; and

(ii) where the member of the Service has only one member in his family whose favour the original nomination should be made the alternate nomination can be made in favour of any person who is not a member of his family or in favour of a body of persons corporate or incorporate.

(3) If a member of the Service nominates more than one person under sub-rule (2), he shall specify in the nomination the amount or share payable to each of the nominees in such manner as to cover the whole amount of death gratuity.

(4) A member of the Service may provide in a nomination -

(a) in respect of any specified nominee that in the event of his predeceasing the member of the Service, the right conferred upon that nominee shall pass to such other person as may be specified in the nomination:

Provided that if at the time of making the nomination, the member of the Service has a family consisting of more than one member, the person to be specified shall not be a person other than a member of his family; and

(b) that the nomination shall become invalid in the event of the happening of a contingency specified therein.

21(5) The nomination made by a member of the Service who has no family at the time of making it, or a provision made in a nomination under clause (a) of sub-rule (4) by a member of the Service whose family consists, at the time of making the nomination, of only one member, shall become invalid in the event of the member of the Service subsequently acquiring a family or an additional member in the family, as the case may be.

21(6) Every nomination shall be in such one of the forms given in Schedules D to G, as may be appropriate in the circumstances of the case.

21(7)(a) A member of the Service may at any time cancel a nomination by sending a notice in writing to his Accounts Officer:

Provided that the member of the Service shall along with such notice send a fresh nomination made in accordance with this rule.

21(7)(b) Immediately on the death of a nominee in respect of whom no special provision has been made in the nomination under clause (a) of sub-rule (4) or on the occurrence of any event by reason of which the nomination becomes invalid in pursuance of clause (b) of that sub-rule (5), a member of the service shall send to his Accounts Officer a notice in writing formally cancelling the nomination together with a fresh nomination made in accordance with this rule.

21(8) Every nomination made and every notice of cancellation given by a member of the Service under this rule shall be sent by him to his Accounts Officer.

21(9) Every nomination made and every notice of cancellation given by a member of the Service shall to the extent that it is valid take effect on the date on which it is received by the Accounts Officer.

G.O.I's decision below Rule 21 of AIS (DCRB) Rules, 1958.

(1) Mr. X, a member of the Indian Administrative Service filled in two nominations on two different dates. While forwarding the second nomination to the Accountant General the first one was not cancelled. The validity of the nominations was therefore, called in question.

(1.2) The apparent intention of the officer in filling in the second nomination was that the first one shall be superseded, although it was not formally cancelled by him. In view of this, the Government of India decided that his second nomination might be treated as valid.

[G.I., MHA letter No. 2/27/59-AIS(III), dated 1st April, 1959].

(2) A question arose whether in view of judgements of certain High Courts nieces could be deemed to be members of an officer's family and family pension given to them under rule 22.

(2.2) All India Services (Death-cum-Retirement Benefits) Rules, 1958 are statutory rules. As such it is not necessary to rely on any High Court ruling for the definition of family. For the purpose of these rules the definition of family of a member of the service shall be as given in this rule. Nieces do not fall within the definition of the term family given in this rule and are not, therefore, entitled to any family pension.

[G.I ., MHA letter No. 2/117/59-AIS(III), dated 17th January, 1960.]

22. Family Pension.-(1)76This rule applies to those members of the Service who were in service on the 31st December, 1963 and who had specifically opted for the benefits of this rule under the orders issued by the Central Government.

7622(2)(a) The State Government may grant a family pension to the family of a member of the Service in the event of the death of that member after he had rendered twenty years of qualifying service. In exceptional circumstances, the Central Government may grant a family pension to the family of a member of the Service if the death of such member occurs before he has completed twenty years of qualifying service, if he has rendered not less than ten years of qualifying service.

22(2)(b) The total period for which a family pension may be paid shall be ten years:

Provided that the period of payment of family pension shall in no case extend beyond a period of five years from the date on which the member of the Service actually retired, or on which he would retire, on superannuation pension in the normal course according as the death takes place after retirement or while the member of t.he Service was in service.

Note:- In the case of a member of the Service who dies while on extension of service the expression "date on which he would have retired on superannuation pension in the normal course" in the above proviso shall mean the date upto which extension of service has been sanctioned to him before his death.

77Added vide MHA Notification No. 29/7/60_AIS(I), dated 30.11.92.

22(3) Subject to the maximum of Rs. 150 per mensum the amount of family pension shall be-

(a) in the event of death while in service, half the pension admissible to a member of the Service had he retired on a superannuation pension on the date following the date of death;

(b) in the event of death after retirement, half the pension sanctioned for him at the time of retirement. If, however, a member of the Service mentioned in clause (b) has commuted a part of his pension before his death, that part of pension shall be deducted from the family pension calculated as above.

7722(3A) The family pension admissible under this rule shall be enhanced by ad hoc increase at such scales and in such manner as the Central Government may, from time to time, specify for officers of the Central Services Group `A’:

22(4) For the purpose of this rule- "family" shall include the following relatives of the members of the Service

(i) wife or husband;

(ii) sons;

(iii) unmarried and widowed daughters;

(iv) brothers, below the age of 18 years; and unmarried

or widowed sisters;

(v) father; and

(vi) mother.

NOTE 1.- Items (ii) and (iii) will include step-children.

NOTE 2.- An adopted son or an adopted daughter may be treated as son or daughter for the purpose of this rule provided that the Accounts Officer, or if any doubt arise in the mind of the Accounts Officer, the Solicitor to the State Government, is satisfied that under the personal law of the member of the Service, adoption is legally recognized as conferring the status of the natural child.

22(5) No family pension shall be payable under this rule-

(a) to a person mentioned in clause (b) of sub-rule (6) without the production of reasonable proof that the person was dependent on the member of the Service for support;

(b) to an unmarried woman member of the family of the member of the Service, in the event of her marriage;

(c) to a widowed woman member of the family of the member of the Service in the event of her re-marriage;

(d) to a brother of a member of the Service, on the former attaining the age of 18 years; and

78Substituted w.e.f. 1.10.75 vide Natfn. No. 25011/9/76-AIS(II)-A dt. 15.6.77. (G.S.R. No. 830 dt. 2.7.77).

(e) to a person who is not member of the family of the member of the Service.

22(6) Except as may otherwise be provided by a nomination under sub-rule (7) -

(a) a family pension under this rule shall be allowed-

(i) to the eldest surviving widow if the deceased was a male member of the Service or to the husband if the deceased was a woman member of the Service.

Explanation.- The expression `eldest surviving widow’ shall be construed with reference to the seniority according to the date of the marriage with the member of the Service and not with reference to the age of the surviving widows:

(ii) failing a widow or husband, as the case may be, to the

eldest surviving son:

(iii) failing (i) and (ii), to the eldest surviving unmarried daughter;

(iv) failing the above, to the eldest widowed daughter;

22(6)(b) in the event of no family pension becoming under clause (a), family pension may be granted-

(i) to the father;

(ii) failing (i) above, to the mother;

(iii) failing (i) and (ii) above to the eldest surviving brother below the age of 18;

(iv) failing (i) to (iii) above, to the eldest surviving unmarried sister;

(v) failing (i) to (iv) above, to the eldest surviving widowed sister.

22(7) If a member of the Service who has completed 10 years service desires that any family pension that may be sanctioned under this rule should be payable to any member of his family in any order to be specified by him, he may make a nomination for the purpose in the form given in Schedule H indicating the order in which the family pension should be payable to the members of his family and to the extent that it is valid, the family pension shall be payable in accordance with such nomination provided the persons concerned satisfy the requirements of sub-rule(5) at the time of the grant of such pension. In case the person concerned does not satisfy the requirements of sub-rule (5), family pension shall be granted to the person next lower in that order.

NOTE.- The provisions of clause (a) of sub-rule (7), sub-rule(8) and (9) of rule 21 shall apply in respect of nomination made under this sub-rule also.

22(8)(a) A family pension sanctioned under this rule shall not be payable to more than one member of the family of the member of the Service at the same time.

22(8)(b) If a family pension sanctioned under this rule ceases to be payable before the expiry of the period mentioned in sub-rule (2) on account of the death or marriage of the recipient or other causes, it shall be re-granted for the unexpired portion of that period to a person next lower in the order shown in the nomination made under sub-rule (7) or in the absence of a nomination, to the person in the order mentioned in sub-rule (6), who satisfies the other provisions of this rule.

22(9) A family pension sanctioned under this rule shall be tenable in addition to any compensation or any extraordinary pension or gratuity that may be granted to the member of the pensioner’s family under the existing Rules or Acts.

7822(10) [ ]

7922-A. Continuation of family pension benefits-

(1) In respect of widows or minor children who were actually in receipt of family pension on the 31st December,1963, or who become entitled to family pension under these rules consequent on the death on or after the 1st January, 1964, of an officer who retired as a member of the Service before that date, the period of payment offamily pension shall be extended beyond the expiry of the period of which family pension is admissible under rule 22, upto:

(a) the date of death or re-marriage, whichever is earlier, in the case of widows; and

(b) the date of attaining majority in the case of children (or, the date of marriage, if earlier, in the case of daughters).

22-A (2) The rate of family pension for the extended period will be equal to half the family pension admissible previously subject to a minimum of Rs. 20 per mensem.

NOTE.- The benefits of the rule are subject to the general conditions laid down in sub-rules (8), (9) and (10) of rule 22.

8022-A (3) The family pension admissible under this rule shall be enhanced by ad hoc increases at such scales and in such manner as the Central Government may from time to time specify for officers of the Central Services Group `A’.

8122-B (1) Application.-This rule shall apply to:

(a) All the members of the Service appointed to the service on or after the 1st January, 1964.

(b) All those who were members of the Service on 31st December, 1963 and who opted or are deemed to have opted for this rule under the general or special orders issued by the Central Government.

8222-B (2) Subject to the provisions of rule 22C , with effect from the 1st day of January 1996, family pension shall in no case be less than thirty percent of the minimum pay in the revised scale of pay introduced with effect from the 1st day of January, 1996 of the post last held by the pensioner or the deceased member of the Service as the case may be.

(i) Where the pay of the member of the service is rupees three thousand or less, twenty per cent of pay subject to minimum of rupees four hundred fifty per month.

(ii) where the pay of the member of the service is more than rupees three thousand, fifteen percent of pay subject to a minimum of rupees six hundred and maximum of rupees one thousand two hundred per month.

22-B (3) The period for which family pension is payable shall be as follows:-

(i) in the case of a widow or widower, upto the date of death or remarriage, whichever is earlier;

  1. In case of a son or an unmarried, widowed on divorced daughter till such son or daughter attains the age of twenty-five years or upto the date of his-her marriage/re-marriage, as case may be, whichever is earlier subject to the income criterion as prescribed by Central Government from time to time.
  2. in case of parents, up to the death of both the parents."

Provided that if the son or daughter of a member of the service is suffering from any disorder or disability of mind or is physically

(iii) If sons and unmarried daughters are alive, unmarried daughters shall not be eligible for family pension unless the sons attain the age of 25 years and thereby become ineligible for the grant of family pension.

22-B (6) Where a deceased member of the Service or pensioner leaves behind more children than one the eldest eligible child shall be entitled to the family pension for the period mentioned in clause

(ii) of clause (iii) of sub-rule (3) as the case may be, and after the expiry of the period the next child shall become eligible for the grant of family pension.

22-B (7) Where family pension is granted under this rule to a minor, it shall be payable to the guardian on behalf of the minor.

22-B (8) In case both wife and husband are members of the service and are governed by the provisions of this rule and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents subject to the limits specified below, namely:-

(a) (i) if the surviving child or children is or are eligible to draw two family pensions at the rate mentioned in Rule 22-C, the amount of both the pensions shall be limited to 86two thousand five hundred rupees per mensem;

(ii) if one of the family pensions ceased to be payable at the

rate mentioned in Rule 22-C and in lieu thereof the pension at the rate mentioned in sub-rule (2) of this rule becomes payable the amount of both the pensions shall also be limited to two thousand five hundred rupees per mensem;

(b) if both the family pensions are payable at the rates mentioned in sub-rule (2) of this rule, the amount of two pensions shall be limited to 86one thousand two hundred and fifty rupees per mensem.

22-B (9) Where a member of the service dies leaving behind a judicially separated husband or widow, as the case may be, and no child or children, the family pension in respect of the deceased shall be payable to the person surviving:

Provided that where in a case judicial separation is granted on the ground of adultery and the death of the member of the service takes place during the period of such judicial separation, the family pension shall not be payable to the person surviving if such person surviving was held guilty of committing adultery.

22-B (10) (a) Where a member of the Service dies leaving behind a judicially separated husband or widow as the case may be, with a child or children, the family pension payable in respect of the deceased shall be payable to the surviving persons provided heor she is the guardian of such child or children.

22-B (10) (b) Where the surviving person has cased to be the guardian of such child or children, such family pension shall be payable to the person who is the actual guardian of such child or children.

22-B (11) (i) As son as possible after joining service a member of the Service shall give details of his family in the form given in Schedule J to the Accounts Officer. If he has no family, he shall furnish the details as soon as he acquires a family.

86Substituted vide DP & TR Note No. 25011/49/88-AIS II dt. 7.1.91 with effect from 1.1.86.

(ii) If there is a subsequent change in the family, including the marriage of Accounts Officer, who shall make necessary entry in the form.

(iii) The Accounts Officer shall, on receipt of the form, keep it in safe custody and acknowledge receipt of the form and all further communications received from the member of the Service in this behalf.

22-B(12) (i) The benefits of this rule shall not accrue to the family of a member of the Service who is dismissed or removed from service:

Provided that if such a member of the service was in receipt of compassionate allowance under proviso to sub-rule (1) of rule 5, his family shall be eligible to family pension under this rule.

(ii) Family pension under this rule shall not be admissible to the family of a member of the Service when the family pension under the the Extraordinary Pension Rules (whether made by the Central Government or the State Government) is granted to such family.

22(13) The family pension admissible under this rule shall be enchanced by ad hoc increases at such scales and in such manner as the Central Government may from time to time, specify for officers of Central Services Group `A’.

22(14) Definition of "Family".

`Family’ for the purpose of this rule includes the following relatives of a member of the Service, namely:-

(i) wife and husband as the case may be,

(ii) a judicially separated wife or husband such separation not being granted on the ground of adultery, and the person surviving was not held guilty of guilty of committing adultery.

(iii) son and daughter who has not attained the age of 8425 year including son and daughter adopted legally before retirement.

iv) the parents provided they were wholly dependent on the Government servant when he/she was alive and the deceased employee had left behind neither a widow nor a child subject to the dependency criteria in case of parents as prescribed by Central Government from time to time."

8722-C. Special Provision regarding family pension in certain cases.

For a period of seven years from the date following the date of death or till the date on which the member of the Service would have 88(attained the age of 65 years) had he remained alive, whichever period is shorter, the pension payable under sub-rule (2) of rule 22-B, shall be at 50 per cent of the basic pay last drawn, subject to a maximum of twice the pension admissible under the said sub-rule:

Provided that the enhanced pension will be admissible if the member of the Service has put in at least 7 years’ continuous service prior to his death:

87Added with effect from 1.1.1966 vide MHA Notification No. 29/61/67-AIS(II), dated 20.3.1968.

88Substituted w.e.f. 31.12.72 vide DP&AR Notification No. 33/12/73-AIS(II), dated 24.1.75, read with No. 25011/29/75-AIS(II) dated 30.1.1976.

[Provided further that in the event of death after retirement, the enhanced pension rates shall not exceed the pension sanctioned to the member of the Service at the time of the retirement inclusive of the part of the pension which the retired member of the Service may have commuted before his death.]

Explanation 1.- In case a member of the Service dies while on extension of Service, the date upto which the extension of service has been sanctioned before his death shall be deemed to be the normal date of superannuation.

Explanation 2.- Family Pension in the case of the death of a member of the Service after retirement shall be payable only to those members of his family who were declared as such before his retirement:

Provided that no such declaration is necessary in respect of such of the members of the Service who retire during the period between the 1st January, 1973 and the date of publication of the All India Services (Death-cum_Retirement Benefits) Amendment Rules,1975, in the Official Gazette.

23.[ ]

24.[ ]

G.O.I’s decision below Rule 22 of AIS (DCRB) Rules 1958

See Government of India’s Decision (2) below rule 21.

Government of India’s Instructions:

(1) Proposals for the grant of family pension under the proviso to sub-rule (1) should be accompanied by infromation on the following points:-

(i) The amount received or receivable by the family of the deceased officer by way of insurance, Provident Funds and death gratuity.

(ii)The pay (indicatirately the officiating pay and other emoluments in the nature of Pay including dearness pay) the officer was in receipt of at the time of his death.

(iii)The number of children left behind, if any, with their ages and the classes in which studying.

[G.I., MHA letter No. 2/53/59-AIS(III), dated 9th June, 1959.]

2.1 The Govt. of India have decided that the members of the former I.C.S. who were in service on 1.1.64, and who have opted for the scheme of DCR Gratuity introduced vide M/O Home Affairs Letter No29/20/61-AIS(II) dt. 7/12/65 may be allowed an option to come under the revised family pension scheme as applicable to the Central Govt.Servants.

(2.2) The orders regarding the revised family pension scheme contained in the Ministry of Finance O.M. No. F. 9(16)-EV/63, dated 31st December, 1965, shall apply mutatis mutandis to the I.C.S. officers who were in service on 1.1.1964 and who opt for both the D.C.R. gratuity and revised family pension schemes.

(2.3) The I.C.S. officers concerned, including those who have retired on or after 1.1.1964, were required to exercise their option in the matter in writing in the prescribed proforma within 6 months from the date of issue of these orders (8.12.1965). The option once exercised shall be final.

(2.4) Those who failed to opt for the schemes within the specified period would not be entitled to any benefits of this scheme, as conditions of service of the I.C.S. officer are different in this respect as compared with those of other services.

(2.5) The officers who were in service on 1.1.1964 but have died thereafter; shall be deemed to have opted for the revised family pension scheme and their families should be allowed benefits admissible under it.

[G.I., MHA letter No. 29/6/65-AIS(II), dated 8th December, 1965].