SECTION IV. –Superannuation Pension
A. CONDITION OF GRANT
5.27. A
superannuation pension is granted to a Government employee entitled or required
by rule,, to retire at a particular age. See Rule 3.26 of Volume I of these
Rules.
No claim to compensation form a Government employee
who is required to retire at a particular age under rules will be entertained.
5.26.
Omitted.
5.27.
Omitted.
5.30. Each
Government employee’s case should be taken up when he is approaching the age of
superannuation and before the expiry of each extension of service.
5.31.
Omitted.
5.32.
(I) Under rule 4 of the Punjab Civil Service
(Premature Retirement) Rules, 1975, a retiring pension is granted to a
Government employee who retires or is required to retire under the aforesaid
Rules.
(2) (i) A Government employee compulsorily retires
form service as a penalty may be granted, by the authority competent to impose
such penalty pension or gratuity, or both at a rate not less than two-thirds
and not more than full compensation pension or gratuity or both admissible to
him on the date of his compulsory retirement:
Provided
that in the case of a Government employee to whom rule 6.15 applies, additional
pension of not less than the limits mentioned in this sub-rule may also be
granted.
(ii)
Whenever in this case of a Government employee, the Governor passes an
order (whether original, appellate or in exercise of power of review) awarding
a pension less than the full compensation pension admissible under these rules,
the Punjab Public Service Commission shall be consulted before such order is
passed.
Explanation. –In this sub-rule, the expression
“pension” included gratuity.
(iii) A
person granted or awarded under clause (i) or as the case may be, under clause
(ii), shall not be less than forty rupees per month.
5.32A. to 5.35. Omitted.
Amount of
Pensions
SECTION I –General
6.1.
The amount
of pension that may be granted is determined by length of service as set forth
in the succeeding section of this Chapter. Fraction of a year equal to six
months and above shall be treated as a completed six-monthly period for the
purpose of calculation of any pension admissible to such an officer.
6.2.
Pension
fixed in rupees should be rounded off to the next higher rupee. In other words
the pension should be calculated up to whole rupee and if there is any
remainder, it should be rounded off to next higher rupee.
Note 1. –The rounded off to the next higher rupee is
to be done once and at the initial stage.
Note 2. –In case of a person governed by para
1.2-B(2), previously 9(i) (c) of New Pension Rules, the pension is to be
rounded off to the next higher rupee at the initial stage and not after
deducting the amount of pension equivalent of death-cum-retirement gratuity.
6.3.
A Pension
is fixed in rupees, and not in Sterling even though it is to be paid in
England.
6.4.
Omitted.
6.5.
If a
Government employee who is entitled to compensation pension accepts instead
another post in the public service and subsequently become again entitled to
receive pension of any class, the amount of such pension shall not be less than
that he could have claimed if he had not accepted the post.
LIMITATIONS
6.6.
to
6.8. Omitted.
6.9. If a
Government employee has held more than one post, in respect of each of which,
if he had held it separately and alone, pension would have been admissible to
him, the pension admissible to him, the pension admissible to him is the sum of
several pension which would have been admissible to him if he had held, each
post separately and alone. The consolidated pension thus admissible is subject
to the limitation in section II to III of his Chapter.
6.10.
A
Government employee is not entitled for service in a post conjointly with
another post, to any which would have been admissible to him if he had held the
post separately and alone.
SECTION II. –Old Pension Rules
A –GRATUITY
*6.11 to 6.15. Omitted.
6.15.A. To
Government employee mentioned in rule 1.2-A, a competent authority may grant special
additional pension in accordance with the following provision :-
(1)
The special additional pension admissible under this rule is not to be
given as a matter of course but only where the service rendered is approved as
satisfying the standard of work and conduct required in the special condition
of the post or duty hereinafter mentioned.
(2)
Government employees who have held posts listed in the Schedule to this
rule may be granted an additional pension (a) at rate of Rs. 250 for each
completed year of effective service in any post including in the lower grade,
and (b) at the rate of Rs. 400 foe each completed year of effective service in
any post included in the upper grade, up to a maximum of Rs. 1,250 per annum
for service in lower grade appointments and Rs. 2,000 per annum for service in
lower and upper grade appointment combined or in upper grade appointment alone
: Provided that in the case of a Government employee who has earned an
additional pension by service in appointment in both the upper and lower grade,
service for broken period of a year in the upper grade may count as service in
the lower grade if this pension would be thereby increased.
(3) A
Government employee who has held a temporary post which has been declared by
the authority competent to create the post as carrying similar duties and
responsibilities, and which carries the same rate of pay as a post listing in
the Schedule below, may be granted an additional pension in respect of that
post at the rate and subject to the conditions prescribed in clause (2) of this
rule.
Note. –If in respect of both the condition
prescribed in this clause, a temporary post can be held to be comparable with
any permanent post listed in the appropriate part of the Schedule to this rule
and the “competent authority” given the necessary declaration, the benefit of
this rule may be given to a Government employee irrespective of whether the
comparable post is a corresponding permanent post or not.
(4)
For the purpose of clauses
(2) and (3) of this rule, the expression “effective service” includes, besides
period of duty in a post mentioned in the said clause,--
(i) Duty
performed --
(a) in
a post of corresponding rank and responsibility in foreign service; or
(b) on deputation on special duty; or
(c) in a temporary post; or
(d) in
a permanent post in a officiating capacity, to which a Government employee is
transferred or appointment whilst holding the post mentioned in clause (2) or
(3), if, in the case of a Government employee who held a post mentioned in
clauses (2) in an officiating capacity or of a Government employee who held a
post mentioned in clause (2) in an officiating capacity or of a Government
employee who held a post mentioned in clause (3), Government certifies that he
would, if he had not been so transferred, or appointed, have continued to
officiate in or held the post concerned eave with allowances except study leave
and special disability leave taken by the Government employee during his
service in a post mentioned in clauses (2) and (3) or during the period of duty
covered by sub-clause (i) of this clause, if in the case of a Government
employee who has held a post mentioned in clause (2) in an officiating capacity
or who has held a post mentioned in clause (3), Government certifies that he
would, if he had not proceeded on leave, have continued to officiate in the
post mentioned in clause (2), or have held a post mentioned in clause (3).
Note.- For the purpose of this sub-clause , leave with
allowance except study leave and special disability taken by a Government
employee holding substantively the post of a Chief Engineer, Public works
Departments, immediately on vacating his office or post during which he is left
without a lien on any permanent post shall be regarded as leave taken during
service in such a post.
(5)
A Government employee of pensionable status who has held a post in
foreign service with a state-owned Railway worked by a company, which is
certified by the central Government to correspond in rank and responsibility to
state Railway appointment listed in the schedule below article 475-A of Civil
Service Regulation may be granted a special additional pension in respect of
that post at the rates and subject to the conditions prescribed in clause ( 2 )
of this rule : provided that for the purpose of this clause “effective Service”
means duty ( including leave with allowances except study leave and special
disability leave ) in a foreign service post.
( 6
) A Government employee who has
received under the second proviso to Rule4:13 of volume I of these rules or Rule 10.5 ibid officiating promotion
to one of the posts listed in the schedule below or in whose case the
Government certifies that he would have received such promotion had he not been
on special duty or held a temporary post may be granted an additional pension
at the rates and subject to the conditions prescribed in clause ( 2 ), as
though he had held during the period for which he officiates or would have officiated,
a post listed in the schedule.
For the purpose of this clause the period
of officiating promotion includes any leave with allowances except study leave
and special disability leave for the purpose of calculating service for pension
taken during the period, if Government certifies that had the Government
employee not been on leave, he would have continued in the same capacity.
Note.- when a Government employee officiating in a
post qualifying for special additional pension is transferred to another such
post in an officiating capacity, the period of joining time spent in proceeding
from one post to the other counts as service in post qualifying for special
additional pension only if the Government certifies that had he not been on
joining time, he would have held either the new or the old qualifying post.
( 7
) The grant of additional pension to
a Government employee is subject to the condition that he must in the event of
voluntary retirement have completed 28 years of qualifying service. Voluntary
retirement for the purpose of this rule should be taken as retirement under
Punjab Civil services (Premature Retirement ) Rules, 1975 .
SCHEDULE OF POSTS CARYING ADDITIONAL PENSIONS
A- UPPER GRADE
( 1 )
Director of public Instruction.
( 2 ) Chief
Conservator of Forests.
( 3 )
Chief Engineers, P.W.D.
( 4 )
Director of Agriculture.
B- LOWER GRADE
( 1 ) Members of P.E.S.P.A.S., and P . A . S. ,
holding posts the minimum substantive pay of which is not less than Rs. 1,250 a
month, exclusive of overseas pay.
( 2 )
Conservator of Forests.
( 3 )
Superintending Engineers, P . W . D.
( 4 )
Any pensionable post in a
Department , other than that to which the posts included in this schedule appertain,
the minimum pay of which excluding overseas pay is not less than Rs. 1,250 a
month, or if no overseas pay is attached to it . Rs. 1500 a month.
(5) A
Government employees holding a post carrying overseas pay, who is not himself
entitled to overseas pay is nevertheless qualified this entry.
SECTION III. –NEW PENSION RULES
A. –GRATUITY AND
PENSION
6.16.
For Government employees referred to in rule 1.2-B, the amount of
superannuation, retiring and compensation gratuity and pension will be the appropriate
amount, set out in the table below, and no additional or special Additional
pension will be granted :
Completed six-monthly period
of Scale of gratuity Maximum pension
Qualifying service or pension (in rupees per Annum)
1 2 3 4
____________________________________________________________
(a) Gratuity Rs. Rs.
1 Half month’s emoluments
2 I month’s emoluments
3 I ½ month’s emoluments
4 2 month’s emoluments
5 2 ½ month’s emoluments
6 3 month’s emoluments
7 3 ½ month’s emoluments
8 4
month’s emoluments
9 4 ¾ month’s emoluments
10 4 ¾ month’s emoluments
11 5 ½ month’s emoluments
12 5 ½ month’s emoluments
13 5 7/8
month’s emoluments
14 6 ¼ month’s emoluments
15 6 5/8 month’s emoluments
16 7 month’s emoluments
17 7 3/8 month’s emoluments
18 7 ¾ month’s emoluments
19 8 1/8 month’s emoluments
(b) Pension
|
20 |
10/80th of average emoluments |
3750.00
|
|
21 |
10 ½ /80th of average
emoluments |
3937.50 |
|
22 |
11/80th of average
emoluments |
4125.00 |
|
23 |
11 ½/80th of average
emoluments |
4312.50 |
|
24 |
12/ 80th of average
emoluments |
4500.00 |
|
25 |
12 ½/80th of average
emoluments |
4687.50 |
|
26 |
13/80th of average
emoluments |
4875.00 |
|
27 |
13 ½/80th of average
emoluments |
5062.50 |
|
28 |
14/80th of average
emoluments |
5250.00 |
|
29 |
14 ½80th of average
emoluments |
5437.50 |
|
30 |
15/80th of average
emoluments |
5625.00 |
|
31 |
15 ½/80th of average
emoluments |
5812.50 |
|
32 |
16/80th of average
emoluments |
6000.00 |
|
33 |
16 ½/80th of average
emoluments |
6187.50 |
|
34 |
17/80th of average
emoluments |
6375.00 |
|
35 |
17 ½/80th of average
emoluments |
6562.50 |
|
36 |
18/80th of average
emoluments |
6750.00 |
|
37 |
18 ½/80th of average
emoluments |
6937.50 |
|
38 |
19/80th of average
emoluments |
7125.00 |
|
39 |
19 ½80th of average
emoluments |
7312.50 |
|
40 |
20/80th of average
emoluments |
7500.00 |
|
41 |
20 ½80th of average
emoluments |
7687.50 |
|
42 |
21/80th of average
emoluments |
7875.00 |
|
43 |
21 ½/80th of average
emoluments |
8062.50 |
|
44 |
22/80th of average
emoluments |
8250.00 |
|
45 |
22 ½/80th of average
emoluments |
8437.50 |
|
46 |
23/80th of average
emoluments |
8625.00 |
|
47 |
23 ½/80th of average
emoluments |
8812.50 |
|
48 |
24/80th of average
emoluments |
9000.00 |
|
49 |
24 ½/80th of average
emoluments |
9187.50 |
|
50 |
25/80th of average
emoluments |
9375.00 |
|
51 |
25 ½/80th of average
emoluments |
9562.50 |
|
52 |
26/80th of average
emoluments |
9750.00 |
|
53 |
26 ½80th of average
emoluments |
9937.50 |
|
54 |
27/80th of average
emoluments |
10,125.00 |
|
55 |
27 ½/80th of average
emoluments |
10,312.50 |
|
56 |
28/80th of average
emoluments |
10,500.00 |
|
57 |
28 ½/80th of average
emoluments |
10,687.50 |
|
58 |
29/80th of average
emoluments |
10,875.00 |
|
59 |
29 ½/80th of average
emoluments |
11,062.50 |
|
60 |
30/80 of average emoluments |
11,250.00 |
|
61 |
30 ½/80th of average
emoluments |
11,437.50 |
|
62 |
31/80th of average
emoluments |
11,625.00 |
|
63 |
31 ½/80th of average
emoluments |
11,812.50 |
|
64 |
32/80th of average
emoluments |
12,000.00 |
|
65 |
32 ½/80th of average
emoluments |
12,000.00 |
|
66 |
33/80th of average
emoluments |
12,000.00 |
|
67 |
33 ½/80th of average
emoluments |
12,000.00} |
|
68 |
34/80th of average
emoluments |
12,000.00}see |
|
69 |
34 ½/80th of average
emoluments |
12,000.00 note |
|
70 |
35/80th of average emoluments |
70 12,000.00 |
Note 1. –Serial Nos. 67to70 of the above table are application to only IV employees.
Note 2. –The benefit of qualifying service in excess of 30 years shall be admissible to employees who retire form service on or after 1st December, 1968.
6.16-A. (1) An officer who has become eligible for pension or gratuity under the rule applicable to him and has completed five year’s qualifying service, may, on his retirement form service, be granted an additional gratuity not exceeding the amount specified is sub-rule (3).
(2) (a) If an officer, who has completed five year’s qualifying service, dies while in service, a gratuity, not exceeding the amount specified in sub-rule(3), may be paid to the person or person on whom the right to receive the gratuity is conferred under rule 6.16-B or if there is no such person, it shall be paid in equal shares to those surviving member of a Government employee’s family as detailed in rule 6.16-B who belong to categories (i) to (iv), mentioned therein except widowed daughters. Where there are no such surviving member, but there is/are surviving widowed daughter and/or one or more member of the family of the Government employee who belong to categories (iv) to (ix), in the definition, the gratuity may be paid to all such person in equal shares. In case where the qualifying service, is less than the prescribed minimum (viz. 5 years), the deficiency should not be condoned.
(b) The family of a permanent pension able employee who dies before completing five year’s qualifying service will also be eligible for gratuity equal to six months’ emoluments of a Government employee at the time of his death except in case in which death occurs in the first year of service where the gratuity admissible will be equal to two month’s emoluments.
(3) The amount of gratuity will be one-fourth of the ‘emoluments’ of the officer for each completed six-monthly period of qualifying service subject to a maximum of 15 times to ‘emoluments’. In the case of those ‘emoluments’ of the officer for each completed six monthly period qualifying service subject to 16 ½ (sixteen and a half) times the ‘emoluments’ in the case Class I, II and III Services and 17 ½ (seventeen and a half) times the ‘emoluments’ in the case of Class IV employees, provided that in no case gratuity shall exceed Rs. Rs. 50,000. In event of death of an officer at the time of his death; provided that in no case shall it exceed Rs. 50,000.
Provided that in the case of person governed under the Family Pension Scheme, a deduction of two month’s emoluments, subject to a maximum of Rs. 5,000 will be made form the gratuity admissible under this rule as laid down in the said Scheme.
(4) If an officer who has become eligible foe pension or gratuity under the rules applicable to him, dies after he has retired form service, and the sum actually received by him at the time of death on account of such gratuity or pension together with the gratuity granted under sub-rule (1), and the commuted value of any portion of pension commuted by him are less than the amount equal to twelve times his ‘emoluments’ a gratuity equal to the deficiency may be granted to the person or person specified in sub-rule (2).
(4a) If a person who in the event of death of a Government employee while in service is eligible to receive gratuity in terms of the preceding sub-rule read with rule 6.16-B is charges with the offence of murdering the Government employee or for abetting the commission of such an offence, his claim to receive his share of gratuity shall remain suspended till the conclusion of the criminal proceeding instituted against him.
(4b) If on the conclusion of the criminal proceeding referred to in sub-rule (4a), the person concerned –
(i) is convicted for the murder or for abetting in the murder of the Government employee, he shall be debarred from receiving his share of gratuity which shall which shall be payable to other eligible member of the family, if any;
(ii) is acquitted of the charge of murdering or for abetting in the murder of the Government employee, his share of gratuity shall be payable to him.
(4c) The provision of sub-rule (4a) and (4b) shall also apply to the undisbursed gratuity referred to in sub-rule (4).
Note 1. –The residuary gratuity mentioned in sub-rule (4) is admissible only if the death of the Government employee takes place within five years form the date of his retirement.
Note 2. –The words sums actually received under this rule will also include the amount of temporary increase in pension for determining the amount of residuary gratuity payable to the nominee/legal heirs of the deceased Government employee.
(1) The ‘emoluments’ for the purpose of this Section, will be subject to a maximum of Rs. 2,500 and these shall be reckoned in accordance with rule 6.19-C of this Volume.
Note 2. –In the case of a Government employee who during the currency of –
(i) leave preparatory to retirement up to 180 days on full pay; or
(ii) earned leave not exceeding 120 days; or
(iii) first 120 days of any period of earned leave on full pay exceeding 120 days, earn an increment which is not withheld, he is entitled to court the pay which he would have drawn had he remained on duty, as “emoluments” for the purpose of death-cum-retirement gratuity under this sub-rule, even though the increase in pay is not actually drawn during leave.
(6) Recoveries form gratuities or pension. –Government will have the right to effect recoveries form a gratuity sanctioned under this rule, in the circumstances as recoveries can be effected form an ordinary pension under rule 2.2 (b).
(7) Dismissal or removal for misconduct, insolvency or inefficiency. –No gratuity may be granted under this rule, if the officer was dismissed or removed for misconduct, insolvency or inefficiency.
(8) General. –A gratuity shall be sanctioned under this rule, after giving due regard to the provision of rule 6.4 The existing rules, which apply to the grant of an ordinary pension, will also apply in respect of a gratuity that may be sanctioned under this rule in so far as such rules, are not inconsistent with the provision of rules 6.16-A to 6.16-B.
(1) If the amount of gratuity is not paid to the officer within three months form the date of becoming the same due an interest at the rate of five percent per annum or at such rate as may be specified by the Government form time to time, may be allowed to be paid by the competent authority for the period beyond the period of three months to the end of the months preceding the month in which the payment is actually made, if such payment was delayed because of administrative lapse or reason beyond the control of the officer concerned. In all such cases where interest has to be paid, action should be taken to fix responsibility for the delay and disciplinary action should be taken against the officer responsible for it.
Note. –Nothing contained in this sub-rule will apply to the payment of appears which may become due as a result of enhancement of the emoluments after retirement or liberalization of the Pension rules form a date prior to the date of retirement of Government employee”.
6.16-B. (1) For the purpose of this rule :-
(a) “family “ shall include the following relative of this officer :-
(i) wife or wives including judicially separated wife or wives. In the case of male officer;
(ii) husband including judicially husband, in the case of female officer;
(iii) sons; } (including step-children and adopted children)
(iv) unmarried and widowed daughter
(v) brother below the age of 18 years and unmarried and widowed sister, including step brother and sister;
(vi) father; } including adopted parents in case of individuals whose
(vii) mother; } law permit adoption.
(viii) Married daughter ; and
(ix) Children of a predeceased son;
(b) “persons” for the purpose of this rules shall include any company or association or body of individuals, whether incorporated or not.
(2) An officer shall, at
any time after confirmation, make a nomination conferring on one or more
persons, the right to receive any gratuity; that may be sanctioned under
sub-rules (2) and (4) of rule 6.16-A and any gratuity which having become
admissible to him under sub-rule (1) of that rule and rule 6.16 has been paid
to him before death:
Provided that if at the time
of making the nomination the officer has a family the nomination shall not be
in favour of any person or person other
than the members of his family.
(3) If an officer 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 the gratuity.
(4) An officer may provide in a nomination --
(a) in respect of any specified nominee, that in the event of his predeceasing the officer, the right conferred upon that nominee shall pass to such other person as may be specified in the information, provided that if at time of making the nomination the officer has a family consisting of more than one member, the person so specified shall not be a person other than a member of his family;
(b) that the nomination shall become invalid in the event of the happening of the contingency specified therein.
(5) The nomination made by an officer who has no family at the time of making it, or a provision made in nomination under clause (a) of sub-rule(4) by an officer whose family consists, at the date of making the nomination of only one member, shall become invalid in the event of the officer subsequently acquiring a family or an additional member in the family as the case may be.
(2) (a) Every nomination shall be in such one of the forms pen. I-C to Pen. I-F as may be appropriate in the circumstances of the case.
Notes. –The forms provided for only one alternate nominee and it is not open to a Government employee to nominate more than one alternate nominee against any original nominee.
(b) An officer may at any time cancel nomination, by sending a notice in writing to the appropriate authority; provided that the officer shall, along with such notice, spend a fresh nomination made in accordance with this rule.
(7) 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 or sub-rule (5), the officer shall spend to the appropriate authority a notice in writing formally canceling the nomination, together with a fresh nomination made in accordance with this rule.
(8) Every nomination made, and every notice of cancellation given, by an officer under this rule, shall, be sent by him to Accountant General, Punjab in the case of a gazetted officer, and to the Head of his office in the case of non-gazetted officer. Immediately on receipt of a nomination form non-gazetted officer the Head of the office shall countersign it, indicating the date of receipt, and keep it in safe custody.
(2) Every nomination made, and every notice of cancellation given by an officer, shall, to the extent that it is valid, take effect on the date on which it is received by the authority mentioned in sub-rule (8).
Note. –While a nomination as also any change therein will normally be an officer during his service, he may be allowed to make a fresh nomination after retirement if such a contingency arises.