SCHEDULE
1.
Commissioned Officer and junior Commissioned Officers.
2. Warrant
Officers, non-commissioned Officer and other enrolled personnel of the Army,
and the corresponding categories of the Navy and Air Force and personnel of the
Frontier Constabulary and Militias.
3.
Non-combatant departmental and regimental and regimental employees and
followers of the supplemental services.
4. Warrant
Officers and Departmental Officers of the Commissary and Assistant Surgeon
classes.
4.4. Omitted.
4.5.
Omitted.
4.6. Omitted.
4.6-A. War service rendered by itself or in
conjunction with other military service shall count in full towards civil
pension subject to the 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
to military or war service rendered below that age shall be allowed to count
for pension;
(iii)
‘War
Service’ rendered in the Armed Forced 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, a pension earned as a result of this
concession shall be claimed form the foreign Government concern;
(iv)
no refund
of bonus or gratuity paid in respect of this ‘War Service’ shall be demanded
form 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. Also if any portion of service is allowed to
count towards civil pension under rule 4.3 ibid, the instruction contained in
note 1 below, in regard to refund of gratuity shall mutat is mut and is apply;
and
(v)
break
between military/war service and the civil service shall be treated as
automatically condoned; provided the period of the break does not exceed one
year. Break exceeding one but year but not exceeding three years may also be
condoned in exceptional cases, under special orders of Government.
Note 1. –In the case of a civil employee who has rendered satisfactory
paid service in the war in addition to military service pensionable under the
military rules before or after such service but who did not earn a pension by
his war service in conjuction with his other military service, that portion of
the military service which was rendered before or after the War Service should
be dealt with in accordance with the provision of rule 4.3 and the amount of
gratuity which the Government employee will refund in respect of the later
portion should bear the same proportion to the total amount of gratuity
received in lieu of pension as the period dealt with under rule 4.3 bear to the
total period of military service including the period of War Service.
Explanation. –For
the purpose of this note, it is immaterial whether or not, there was a break
between the War Service and the other military service.
Note 2. –The
service rendered in the I.N.A. by the person of the following categories shall
also be treated as War Service for the purpose of counting towards pension in term
of this rule :-
(i)
Those who
were holding civil posts before joining the Indian Notional Army and have been
reinstated in the same posts;
(ii)
Those who
were member of a regular India Armed Forces before joining the India National
Army and were subsequently re-employee in some other civil posts.
(iii)
Those who
joined the India National Army from the General Public or form the Armed Forces
and have subsequently been absorbed in the civil posts.
Period of Leave and
other Authority Absence form Duty
A. –PERIOD OF LEAVE
4.7
The time passed by a Government employee on
leave of all kinds except extraordinary leave, other than that extraordinary
leave counting towards increment under rule 4.9 (b) of Volume I, shall count as
service qualifying for pension.
4.8 And 4.9. Omitted.
4.10 A
period of overstayal of leave does not count for pension.
4.11.
Omitted.
4.12.
A competent
authority will decide in the case of a Government employee (including a person
in training for, but not actually appointed to, Government service), or any
specified class of Government employee who is selected to undergo course of
training, whether the time spent in the training shall count as service
qualifying for pension.
Note. –General orders for counting the period of
training as service under this rule have been issued in respect of the
following:-
(1)
Police
subordinates and candidates for direct appointment to the Subordinate Police
Service while attending a Police Training School.
(2)
Assistance
Director of Agriculture and Assistant Professor and Laboratory Assistants while
in training at the Pussa Agriculture College.
(3)
Forest
Rangers holding permanent substantive posts while under training at the Dehra
Dun School.
(4)
All Forest Subordinates
while under training at the Punjab Forest school.
(5)
Dispensers
sent to the Medical College, Amritsar, to undergo a course of training with a
view to qualifying as hospital assistants. (They court a maximum period of one year as service towards pension
rendered under the source form which they were paid before training.)
(6)
Teacher and
students, who are slected to undergo a course of training in a school, college
or other institutions, subject to the sanction of the Director of Public
Instruction, Punjab.
(7)
Subordinate
Judges sent for training in Commercial Law at Bombay.
4.13
(a). When a Government employee is deputed out
of India on Duty, the whole period of his absence form India count, when a
Government employee on leave out of India is employed, or is detained after the
termination of leave, on duty, the period of such employment or detention
counts:
Provided that where a gratuity is
accepted form the foreign Government the service rendered under it will not
count towards pension under the State Government. However, in the case of a
Government employee deputed to foreign service on the request of Government of
India, the period spent in foreign service will be towards pension : provided
he pays the usual pension contribution to the Government Punjab.
(b). A
Government employee, deputed on foreign service, for a period of five years or
more, to the ‘United Nation’ ‘Secretariat or other United Nation’ Bodies, the
International Monetary Fund, the International Bank of Reconstruction and
Development, the Asian Development Bank or the Commonwealth Secretariat, may at
his option :-
(i)
pay the
pension contributions in respect of his foreign of his foreign service and
count such service as qualifying for pension under these rules; or
(ii)
avail of
the retirement benefits admissible under the rule of the aforesaid Organisation
and not count service as qualifying for pension under these rules: Provided
that where a Government employee opts retirement benefits under clause (ii),
retirement benefit shall be payable to him in India in rupees form such date
and in such manner as the Government may, by order, specify:
Note. –The period of deputation converted into leave
should count for pension as leave and not as deputation.
D. –DEPUTATION TO THE DEFENCE DEPARTMENT
4.14. A
civil Government employee who was granted civil volunteer terms while service
in the India Army Reserve of Officers, during the Great War and who, after
having been invalided form military service, was able to return to his civil
employment, will be allowed the option of -
(i)
being
treated, as regards military pension, as a temporary officer, in which case his
military service will count for civil pension under civil rules; or
(ii)
being
treated as regards military pension, as an officer of the regular army in which
case his military service will not so count.
A civil Government employee serving under
the term referred to above, who is invalided both form military service and
form his civil appointment, on account of a disability incurred as a result of
his military service, will be allowed to draw the military pension admissible
to a regular military officer and also to count the period of military service
for civil pension.
4.15.
Government employee in the Police Department who joined the battalions
of the India Army can count service rendered in that capacity as continuous
service in the Police Department for purpose of pension.
E. –PERIOD OF VOYAGE
TO INDIA ON RECALL TO DUTY
4.16 Time
spent on the voyage to India by a Government employee who is recalled to duty
before the expiry of any recognized leave out of India counts: Provided his
return to duty is compulsory.
Suspensions, Resignation, Break and Deficiencies in service
A. –PERIOD OF SUSPENSION
4.17 to 4.19. Omitted.
4.20.
(a) A
Government employee who is dismissed, remove or compulsorily retired or
prematurely retired form public service, but reinstated on appeal or revision,
is entitled to count his past service.
(b) The
period of break in service between the date of dismissal, removal or compulsory
retirement or premature retirement, as the case may be, and the date of
reinstatement, and the period of suspension (if any), shall not unless
regularized as duty or leave by a specific order of the authority which passed
the order of reinstatement.
INTERRUPTION
4.21.
Omitted.
4.22. The authority which sanction the pension may commute retrospectively periods of absence without leave into leave without allowance or extraordinary leave.
Note. –The power under this
rule of commuting r. et respectively period of absence without leave into leave
without allowances is absolute, the purpose of the rule being merely to
obviate, for purpose of pension. The forfeiture of past service.
D. –CONDONATION
OF INTERRUPTION AND DEFICIENCIES
4.23 In the
absence of a specific indication to the contrary in the service record, an
rendered under the State Government shall be treated as automatically condoned,
and the pre-interruption service shall be treated as qualifying service the
pension purpose, except where resignation has been caused by resignation,
dismissal or removal form service or due to participation in a strike, but the
period of interruption itself shall, under no circumstances, be reckoned as
qualifying service for pension purpose,”
4.24
Omitted.
Different kind of pension and condition for their grant
SECTION I. – Classification Of Pensions
5.1 Pension
are divided into four classes, the rule for which are prescribed in the
following section of this Chapter :-
(a) Compensation Pension (See Section II).
(b) Invalid pension (See Section III).
(c) Retiring Pension (See Section V).
Note. –Besides the classes of pension mentioned in
this rule, special additional pension are also granted to certain of Government
employee under special circumstances (Vide rule 4.14 and 6.15).
SECTION II. –Compensation Pension
A. –CONDITION OF GRANT
5.2. If a Government employee is selected for
discharge owing to the abolition of a permanent post, he shall, under he is
appointment to another post the conditions of which are deemed by the authority
competent to discharge him to be least equal to those of his own, have the
option --
(a)
of taking
any compensation pension of a gratuity to which he may be entitled for service
he has already rendered, or
(b)
of
accepting another post or transfer to another establishment even on a lower
pay, if offered and continuing to count his prevision service for pension.
Note 1. –The discharge of one Government employee to
make room for another better qualified is not the abolition of a post within
the meaning of this rule, the abolition must produce a real saving to
Government.
Note 2. –See also Note 2 below rule 5 of the Punjab
Civil Service (Punishment and Appeal) Rules, --vide Appendix 24 to Punjab Civil
Service Rules, Volume I, Part II.
Note 3. –A Government employee in foreign service
should be have lost his lies form the date on which his post in Government
service was abolished and contribution could be received after that date. He
should be regarded as having retired form Government service form that date and
he should be permitted to draw the pension to which he is entitled in addition
to the pay which he received at the time form his foreign employer.
5.3.
(1) When a Government employee
is transferred form pensionable Government service to a non-pensionable
establishment, he connot be granted any pension or gratuity admissible to him
for the qualifying portion of his service until he actually retires form the
non-pensionable establishment to which he is transferred.
(2)
A permanent Government employee
who may be permitted to be permanently absorbed in a service or post in or
under a Corporation or Company wholly or substantially owned or controlled by
Government or in or under a body controlled or financed by Government, or
Municipality, panchayat Samiti or Zila Parishad, shall, if such absorption is
declared by Government to be in the public interest, be deemed to have retired
form Government service form the date of such absorption and shall be eligible
to receive retirement benefit which he may have elected or deemed to have
elected, and form the date of such absorption or the date of his voluntary
retirement, whichever is later. Each such Government employee is required to
exercise an option within six months of his absorption for either of the
alternative indicated below --
a.
received
the monthly pension and death cum-retirement gratuity the usual Government
arrangement ; or
b.
received
the death-cum-retirement gratuity and a lump sum amount in lieu of pension
worked out with reference to the commutation table obtaining on the date form
which the commuted value becomes payable.
(3)
Where no option is exercised within the specified period the employee
will be authomatically governed by alternative(b). An employee opting for
alternative (a) is entitled to commutation of a portion of the pension
admissible to him in accordance with the provision of rule contained in Chapter
XI :
Provided that Government shall have no
liability for payment of family pension such a cases :
Provided further that no declaration
regarding absorption in the public interest in a service or post in or under
such Corporation, Company, Municipality, Panchayat Samiti or Parishad shall be
required in respect of a Government employee whom Government may, by order,
declare to be a scientific employee.
5.3-A. Where
a Government employee referred to in rule 5.3 elects the alternative of
receiving the death-cum-retirement gratuity and a lump sum amount in lieu of
pension, he shall be granted –
(a) on an application made in this behalf
a lump sum, amount not execeeding the commuted value of one-third of his
pension as may be admissible to him in accordance with the provision of rules
for commutation of civil pension coutained in Chapter XI, and
(b) a
terminal benefit equal to twice the amount of the lump sum referred to in
clause (a), subject to the condition that the Government employee surrenders
his right of drawing two-third of his pension.
Note 1. –The commuted value of 1/3rd of
the pension mentioned in clause (a) above will be exempt form income-tax where
as the terminal benefit component mentioned in clause (b) will be chargeable to
tax as income of the year in which it is due. However, the recipient will be
eligiable for a relief in tax in respect of the said amount; such relief being
calculated by spreading the amount equally over the three preceding years in
which the payment is received and subjecting it to tax at the average rates
applicable to the total income of these years after adding there to one-third
of the amount. The relief in such cases is to be granted by the Central Boards
of Direct Taxes and an application for such relief under section 89 (1) of the
Income tax Act, 1961, should be made to the Board though the Income-Tax Officer
concerned.
Note 2. –The commutation shall become absolute and
the title to receive the commuted value shall accrue on the date on which the
Medical Board signs the medical certificate. If the Medical Board directs that
the age of the employee for the purpose of commutation shall be assumed to be
greater than his actual age, the person concerned will have the opportunity to
change his option to charge his option his option for receiving a lump sum in
lieu of monthly pension to receiving the monthly pension by written notice
dispatched within two weeks form the date on which he receives intimation of
findings of the Medical Board.
5.4.
If it is
necessary to discharge a Government employee in consequence of a charge in the
nature of the duties of his post, the case for the grant of compensation pension
or gratuity and notice of discharge should be referred to the competent
authority.
5.5.
Omitted.
5.6.
Compensation
pension is not admissible in the following cases, viz :-
(a) To
a Government employee who belongs to the public service and in addition holds
charges of a particular local post, on the abolition of that particular local
post,
(b) For
the loss of a post on discharge after the completion of a specified term of
service.
(c) For
the loss of a special pay or compensatory allowance.
(d) To
a school master or other Government employee who, in addition to his duties, is
employed in any capacity in the Postal Department, on being relived of such
duties.
(i) Selection for Discharge.
5.7.
The
selection of Government employees to be discharge upon the reduction of an
establishment should prima facie be so made that the least charge for
compensation pension will be incurred.
5.8.
Particular
of the saving effected should be fully set forth in every application for
compensation pension. The saving should always exceed the cost of the pension;
otherwise it may perhaps be better to postpone the reduction of establishment
or abolition of post.
Note 1. –In any scheme for reorganizing an
establishment, the claim to pension that may arise in consequence of the
reorganization should always be considered before a change is made and except
in cases of very urgent necessity, no revision of establishment should be
carried out which have the effect of giving rise to claims to compensation
pension, the cost of which cannot be met out of saving effected by the
revision.
Note 2. –The saving referred to in this rule should
be calculated with reference to the emoluments actually drawn at the time of
the abolition of the post.
5.9. (a) Reasonable notice should be given to a
Government employee in permanent employ before his service are discharge with,
on the abolition of his post. If, in any case, notice of at least three months
is not given, and the Government employee has not been provided with other
employment on the date on which his service are discharge with then with the
sanction of the authority competent to discharge with his service, a gratuity
not exceeding his emoluments for the period by which the notice actually given
to him falls short of three months, may be paid to him, in addition to the
pension to which he may be entitled under the rule in chapter VI; but the
pension shall not be payable for period in respect of which he receives a
gratuity in lieu of notice.
(b) When
it is proposed to discharge a person holding a temporary post before the expiry
of the term of his appointment or a person employed on monthly wages without
specified limit of time or duty, a month’s notice of discharge should be given
to such a person, and his pay or wages must be paid for any period by which
such notice falls short of a month.
1. The
gratuity prescribed in this rule is not granted as compensation for loss of
employment but only in lieu of discharge with a view to mitigate the hardship
caused to a Government employee by the sudden loss of employment. When,
therefore, a Government employee, discharge without notice, is provided with
some other employment on the date on which his service are dispensed with,
whether that employment be in qualifying or non-qualifying service, he is not
entitled to any gratuity.
2. Unless it contain an express statement
to the country, an order for the abolition of an office or post shall not be brought
into operation till the expire of three months after notice has been given to
the Government employees whose service are to be dispensed with on such
abolition. The immediate head of the office or the Department will be held
responsible that there is no unnecessary delay in giving such notice. In the
case of a Government employee on leave the order shall not be brought into
operation until the leave expires.
Note
1. –This rule does not apply
to cases where specific provision for notice of discharge already exists in the
letters of appointment.
Note
2. –“Emoluments” in this
rule means the emoluments (or leave salary for partly the one, partly the
other) which, the Government employee would be receiving during the period in
question, had the notice not been given to him.
Note
3. –The gratuity paid in
lieu of notice on abolition of a post should be charge to the particular
department to which the pay of the post was debited before its abolition.
5.10.
Whenever it is found necessary to determine the service of a Government
employee serving under the contract within the period of his agreement a
specific intimation of the determination of the agreement and of the grounds on
which it has been determined shall be furnished to the Government employee in writing.
A. –CONDITION OF GRANT
5.11. An
invalid pension is awarded, on his retirement form the Public Service, to a
Government employee, who by bodily or mental infirmity is permanently
incapacitated for the public service, or for the particular branch of it to
which he belongs.
Note. –The amount of invalid pension shall not be
less than amount of normal family pension admissible under the family Pension
Scheme, 1964.
5.12.
In the case
of partial incapacity (vide alternative certificate in rule 5.26), a Government
employee should, if possible, be employed even on lower pay so that the expense
of pensioning him may be avoided. If there be no means of employing him even on
lower pay, then, he may be admitted to pension, but it should be considered
whether, in view of his capacity for partially earning a living, it is
necessary to grant to him the full pension admissible under the rules.
Note. –The amount
of invalid pension shall not be less than the amount of normal family pension admissible
under the Family Pension Scheme, 1964.
5.13.
Omitted.
5.14.
A
Government employee discharge on other grounds other than those stated in rule
5.11 and 5.12 has no claim to pension under rule 5.11, even though he can produce
medical evidence of incapacity for service.
5.15.
If the
incapacity is directly due to irregular or intemperate habits, no pension can
be granted. If it has not been directly caused by such habits, but has been
accelerated or aggravated by them it will be for the authority by which the
pension is grantable to decide what reduction should be made on this account.
Note 1. –The mere fact that a Government
employee has suffered form syphilis taken by itself is not sufficient to bring
him under the operation of this rule.
Note 2. –Unsoundness of mind caused by drug habits
is a sufficient cause for invaliding a Government employee.
Note 3. –The expression “irregular or intemperate
habits” occurring in this rule refers to incapacity on account of drug habit or
on account of disease resulting form immoral habits. Cases where incapacity
occurs –due to other causes, e.g., work at irregular hours during War and after
due to exigencies of service and not due to own volition do not come under the
purview of this rule.
5.16.
Omitted.
5.17.
In the
Police Department, Superintendent of Police should be on their guard against
endeavors to retire on an invalid pension the Government employees, who are
capable of serving longer. See also rule 5.23.
5.18.
A Government employee, who has submitted a medical certificate of
incapacity for further shall, if he is on duty, be invalided form service, form
the date of relief of his duties which should be arranged without delay on
receipt of the medical certificate or, if he is granted leave under rule 8.18
of Punjab Civil Service Rules, Volume I, Part I, on the expiry of such leave.
If he is on leave at time of submission of the medical certificate, he shall be
invalided form service on the expiry of that leave or extension of leave, if
any, granted to him under rule 8.18 of Punjab Civil service Rules, Volume I,
Part I.
Note 1. –The report required by this rule
may in the case of head constable and constable of Police be submitted to the
Inspector-General of Police instead of the Government.
Note 2. –When a Government employee is
retained in service, after he has submitted a medical certificate of
invalidment, and is, thereafter, granted leave under rule 8.18 (c) of Volume I of
these rules, the maximum period up to which, he can be allowed under this rule
to count for pension, the service after the date of medical certificate shall
not exceed six months.
C. –RULES REGARDING
MEDICAL CERTIFICATE
(i) General
5.19.
An officer applying for an invalid pension shall submit a medical
certificate of incapacity in the manner specified below:-
(a) If the officer submitting the application
is on leave elsewhere than in India, then the examination shall be arranged
through the Indian Missions abroad by a Medical board consisting of a
physician, a Surgeon and an Ophthalmologist, each of them having the status of
a consultant. The service of doctor approved for the officer and staff of the
Mission concerned, shall be utilized for this purpose, provided they fulfill
the above conditions. A lady doctor shall be included as a member of the
Medical Board whenever a women candidate is to be examined.
(b)
If the officer submitting the application is in India, then the
examining medical authority shall be :-
(1) A Medical Board, in this case of all
Gazetted Government employes and those non-Gazetted Government employees whose
pay, as defined in rule 2.44 of the Punjab Civil Service Rule, Volume I,
exceeds Rs. 500 per mensem;
(2) A Civil Surgeon Rules, Volume I, exceeds
Rs. 500 per mensem;
(c) Except in the case of the officer on leave
elsewhere than in India no medical certificate of incapacity for service may be
granted unless the applicant produced a letter to show that the Head of his
office or department is aware shall also be supplied by head of the officer or
department in which the applicant is employed with a statement of what appears
form official records to be the applicant’s age. Where the applicant has a
service book, the age there recorded should be reported.
5.20.
Omitted.
5.21.
(a) A succinct statement of the medical case and
of the treatment adopted should, if possible, be appended.
(b) If the examining Medical Officer, although unable
to discover any specific disease in the Government considers him incapacitated
for further service by general debility while still under the age of fifty-five
years, should give detailed reason for his opinion, and, if possible, a second
medical opinion always a case be obtained.
(c)
In a case of kind, special explanation will be expected form the Head of
the Office or Department of the grounds on which it is proposed to invalid the
Government employee.
Note. –The requirement of this rule need
not be insisted upon in the case of class IV Government employee invalid for
general debility while his age is less than 55 years and the Medical Officer
certifies him to be of over that age.
5.22.
A simple certificate that inefficiency is due to old age or natural
decay form advancing years, is not sufficient in the case of a Government
employee whose recorded age is less than fifty-five years, but a Medical
Officer is at liberty, when certifying that the Government employee is
incapacitated for further service by general debility, to state his reason for
believing the age to be understated.
Note. –Senile Contract, arterial changes consequent
on senile decay, general nervous break down, and commencing cataract may be
treated as specific disease as they may come before a man reaches the 55th
year of his age.
5.22.
Medical
Officer should confine themselves to recommending leave to such policemen as
are not likely to benefit by a further stay in Hospital stay in Hospital and
should not certify that a policemen is incapacitated for further service unless
they are officially requested to report upon his incapacity for further
service.
The Medical
Officer should be specially searching in their examination of the physical
unfitness of every applicant for pension, and, whenever the number of applicant
for pension is large, the examination should, if possible, be conducted by two
Medical Officers.
(ii) Form of Medical Certificate elsewhere than in India
5.23.
The form of
medical certificate given by the Medical Board arranged by the India Mission
abroad, respecting an officer applying for invalid pension while on leave
elsewhere than in India, shall be as follows :-
“We have carefully examined Mr…………………….taking into account
all the facts of case as well as his present condition, we consider, we
consider that he is incapable of discharging the duties of his situation, and
that such incapability is likely to be permanent. His incapacity does not
appear to us to have been caused by irregular or intemperate habits.
Note. –(If the incapacity is obviously the result of
intemperance substitute for the last sentence :
“In our opinion his incapacity is the
result of irregular or intemperate habits”).
If the incapacity does not appear to be
complete and permanent, the certificate should be modified according and the
following addition should be made :
“We are of opinion that A/B, is fit for
further service of a less laborious character than that which he has been doing
(or may, after resting for months, be fit for further service of a less
laborious character than that which he has been doing).
5.25. If any
doubt arises regarding the validity of a certificate by the Medical Board
arranged by India Mission abroad the Accountant-General must not of his own
motion reject the certificate as invalid, but submit the matter for the
decision of the Government.
(iii) Form of Medical Certificate in India
5.26.
The form of
the certificate to be given respecting a Government employee applying for
pension in India is as follows :
“Certified that I (We) have
carefully examined A.B., son of C.D., a………………..………..in
the………………………………………………………………………...His age is by his own
statement……………………………...years. I (We) consider A.B., to be completely and
permanently incapacitated for further service of any kind (or in the Department
to which he belongs) in consequence of (here state disease or cause). His
incapacity does not appear to me (us) to have been caused by irregular or
intemperate habits.
Note. –If the incapacity is obviously the result of
intemperance, substitute for the last sentence; “In my (our) opinion, his
incapacity is directly due to irregular or intemperate habits/ has been
accelerated or aggravated by the irregular or intemperate habits.”
“(If the incapacity does not appear to be complete
and permanent, the certificate should be modified accordingly and the following
addition should be made). I am (We are) of opinion that A.B, is fit for further
service of less laborious character than that which he has been doing (or may,
after resting for…………………months, be fit for further service of a laborious
character than which he has been doing)”.
See also Rule 5.12.