C. DEATH/RETIREMENT/TERMINAL
BENEFIT FOR TEMPORARY
GOVERNMENT EMPLOYEES.
6.16-C (a) The following benefit are permissible in respect of temporary Government employees:
(1) Terminal Gratuity. –A temporary Government employee who is discharge on account of retrenchment or is declared invalid for further service, will be eligible for a gratuity at the rate of 1/3rd of a month’s pay for each completed years of service provided he has completed not less than years’ continuous service at the time of retirement/discharge/ invalidment .
(2) Death-Gratuity. –The family of a temporary Government employee who dies while in service will be eligible foe death gratuity on the scale subject to the conditions specified below:-
( a ) On death after completion of one year’s service but before completion of three years service , a gratuity equal to one months pay ;
( b ) On death after completion of three years’ service but before completion of five years, a gratuity equal to two months’ pay ;
( c ) On death after completion of five years’ service or more, a gratuity equal to three months’ pay or the amount of the terminal gratuity mentioned in clause ( I ) if it is greater.
Note.- ‘pay’ for the purpose of determining the amount of terminal / death gratuity under this rule with mean only basic pay and also dearness pay at the time of relinquishing service or of death as the case may be It will not include special pay personal pay , and other emoluments classed as ‘pay’ . In case the person concerned was on ‘leave’ with or without allowances immediately before retirement / discharge/invalidment/ death pay for this purpose will be pay which he drew before proceeding on such leave provided that the benefits of increase in pay not actually drawn due to increment or promotion to a post carrying a higher rate of pay falling during leave not exceeding 120 days of earned leave or the first 120 days of such earned leave exceeding 120 days only will also be taken into account .
“ Government service” means temporary service under the Government of punjab and includes temporary service rendered in erstwhile pepsu before its merger with punjab.
“Temporary service” means officiating and substantive service in a temporary post and officiating service in a permanent post under the Government of punjab and such service rendered in erstwhile pepsu before its merger with punjab.
( 3 ) General .- The grant of gratuity under this rule will be subject to the service rendered by the Government employee concerned being held by the authority competent to appoint him to be approved and satisfactory . No gratuity will be admissible:-
( a ) In a case where the employee concerned resigns his post or is removed/dismissed from public service ;
( b) to a probationer or other Government employee discharged for failure to pass the prescribed test or examination;
( c ) to a re – employed pensioner .
( d ) The temporary and quasi- permanent employees who die while in service or retire except on superannuation or under rule 5.32 or are discharged for reasons other than by way of disciplinary measure or resignation, after rendering continous service of not less than ten years, shall be granted a gratuity at the rate of one month’s pay for each completed year of service subject to a maximum of Rs. 12, 000 provided that in the event of death of such a Government employee, the maximum amount of gratuity admissible shall be 12 month’s pay or Rs. 12,000 whichever is less. The gratuity shall be calculated on the basic of the average of last twelve month’s pay and for this purpose the pay shall mean “pay’ as defined in rule 2.44 of the Punjab Civil Service Rules, Volume I.
This is further to the conditions that:-
(1) The grant of gratuity under this rule shall be subject to service rendered by the Government employee being held by the authority competent to appoint him to be satisfactory.
(2) The gratuity admissible under this rules will be payable to the quasi-permanent employees of erstwhile Pepsu in accordance with the provision contained in the Pespu Civil Service/temporary service Rules, 1955 and the relevant orders and instructions issued there under.
( 3 ) Service rendered on re – employment basis after attaining the age of superannuation will not qualify for gratuity admissible.
( 4 ) A person who received terminal/death gratuity will cease to the eligible for any other gratuity .
Note1.- The gratuity under this rule will be payable to the family of a deceased Government employee under of preference below :
( 1 ) eldest surviving widow in the case of a male officer/official :
( 2 ) husband in the case of a female officer / official ;
( 3 ) eldest surviving son ;
( 4 ) eldest surviving unmarried daughter ;
( 5 ) eldest widowed daughter ;
( 6 ) father ;
( 7 ) mother ;
( 8 ) eldest surviving brother below the age of 18 years ;
( 9 ) eldest surviving unmarried sister ;
( 10 ) eldest surviving widowed sister .
Note 2.- A deduction of two months’ pay will be made from the gratuity admissible under this rule in lieu of family pension benefits available under the family pension scheme, 1964 ( rule 6.17 to 6.19 ) . But see sub – rule ( 5 ) of rule 6.17 .
Note 3.- For the purpose of determining last 12 months’ pay the provision of rule 6.24 ibid will apply .
( c ) A temporary employee who may retire at the age of supperannuation or under the provisions of rule 5.32 , without confirmation on any post shall be entitled to retiring / superannuation pension and death – cum retirement gratuity on the scale admissible to permanent employees .
6.16-D. Omitted .
6.17 . The provision of this rule shall apply :
( a ) to a regular employee of Punjab Government in a pensionable establishment on or after the 1 st July , 1964 ; and
( b ) to a Punjab Government employee who was in service on the 30 th June , 1964 and came to be governed by the provision of Family pension scheme , 1964 , for Punjab Government employees .
Note.- In the case of a Government employee who retired from service or died at any time before the publication of this rule , the provisions of Family pension scheme , 1964 as in force on the date that Government employee retired or died shall apply .
( I ) The following family pension benefits are admissible to the family of a deceased employee :-
Pay of the Government employees Monthly pension of widow / widower / children
( a ) Below Rs . 400 … 30 % of pay subject to minimum of Rs. 60
and maximum of Rs . 100
( b ) Rs . 400 and above but below Rs. 1200 … 15 % of pay subject to a minimum of
Rs . 100 and maximum of Rs. 160
( c ) Rs . 1,200 and above … 12 % of pay subject to a minimum of
Rs . 160 and a maximum of Rs. 250 ;
‘pay’ for this purpose means the pay as defined in rule 2.44 of Punjab Civil Services Rules, Volume I , part I , which the person was drawing on the date of his death while in service or immediately before his retirement . If on the date of his death while in service or immediately before his retirement, a person has been absent from duty on leave ( including extraordinary leave ) or under suspension , ‘pay’ means the pay which he drew immediately before proceeding on such leave or suspension . The term ‘pay’ shall also include ‘dearness pay’
The amount of family pension shall be fixed at monthly rates and be expressed in whole rupee and where the pension contains a fraction of a rupee it shall be rounded off to the next higher rupee :
Provided that in no case a family pension in excess of the maximum determined under this rule shall be allowed .
( 2 ) The scheme will be administered as below :-
(i) The family pension will be admissible in case of death while in service or after retirement if at the time of death the retired Government employee was in receipt of a compensation , invalid , retiring or superannuation pension . In case of death while in service , the Government employee should have completed a minimum period of one year of continuous service , without break . The family pension will not be admissible in cases of death after retirement , if the retired employee at the time of death was in receipt of gratuity only .
(ii) Provided that the condition of completing a minimum period of one year of continuous service will not be applicable in the case of Government employee who has been medically examined and declared fit for entry into Government service .
(iii) The term “ one year continuous service” used in clause (i) is inclusive of permanent and temporary service in a pensionable establishment and any period of leave including Extraordinary leave but does not include Boy service and suspension period unless that is regularised by the competent authority .
(iv) In the cases of persons who are transferred to punjab state from the Central Government or other state Government and in whose case it has been agreed to count their previous service for pension the Family pension Scheme would be applicable in the event of their death / retirement without putting in one year continuous service under the state Government , if their total service at the time of death ( inclusive of service rendered under the previous Government ) exceeds one year .
( 3 ) “Family” for purposes of this scheme will include the following relatives of the Government employee :-
(a) wife in the case of a male Government employee and husband in the case of a female Government employee;
(b) a judicially separated wife or husband such separation not being granted on the ground of adultery, provided the marriage took place before the retirement of the Government employee and the person surviving was not held gratuity of committing adultery; and
(c) minor sons; and
(d) unmarried daughter below the age of 21 years.
Note 1. –(c) and (d) will include children adopted legally before retirement.
Note 2. –Marriage after retirement will not be recognized for purpose of this Scheme.
(4) The pension will be admissible--
(i) (a) in the case of widow or widower up to the date of death or remarriage whichever is earlier.
(b) In the case of minor son, until he attains the age of 18 years.
(c) in the case of a unmarried daughter until she attains the age of 21years or is
married, whichever is earlier.
Provided that if the son or daughter of a Government employee is suffering form any disorder or disability of mind or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of 18 years in the case of son and 21 years in the case of daughter, the family pension shall be payable to such son or daughter for life subject, to the following condition, namely:-
(i) If such son or daughter is one among two or more children of the Government employee, the family pension shall be initially payable to the minor children in the order set out in the sub rule (3) until the last minor child attains the age of 18 or 21, as the case may be, and thereafter the family pension shall be resumed in favour of the son or daughter suffering form discover or disability of mind or who is physically crippled or disabled and shall be payable to him or her as the case may be, for life;
(ii) If there are more than one such son or daughter suffering form discover or disability of mind or they are physically crippled or disabled, the family pension shall be paid in the following order, namely:-
(a) firstly to there son, and if there are more than one son, the younger of
them will get the family pension only after the life time of the elder;
(b) secondly, to the daughter, and if there are more than one daughter, the
younger of them will get the family pension only after the life time of
the elder;
(iii) the family pension shall be paid to such son or daughter through the
guardian as if he or she were a minor;
(iv) before allowing the family pension for life to any such son or daughter,
the sanctioning authority shall satisfy that the handicap is of such a nature as to prevent him or her form earning his or her livelihood and the same shall be evidences by a certification obtained form a medical officer not below the rank of a Civil Surgeon setting out as far as possible, the exact mental or physical condition of the child.
(iv) the person receiving the family pension as guardian of such son or
daughter shall produce every three years a certificate from a medical officer not below the rank of a Civil Sergeon to the effect that he or she continued to suffer disorder or disability of mind or continues to be physically crippled or disabled.
Explanations, --(a) Only that disability which manifests itself before the
The retirement or death of the Government employee while in service shall
Be taken into account for the purpose for the purpose of grant of family pension under this sub – rule .
( b ) A daughter shall become ineligible for family pension under this sub – rule from the date she gets married .
( c ) The family pension payable to such a son or daughter shall be stopped if he or she starts earning his/ her livelihood .
( d ) In such cases it shall be the duty of the guardian to furnish a certificate to the Treasury or Bank , as the case may be every month that (i) he or she has not started earning his/her livelihood ; ( ii ) in case of daughter , that she has not yet married .
Note 1.- When a Government employee is survived by more than one widow , the pension will be paid to them in equal shares . On the death of a widow , her share of the pension will become payable to her eligible minor child , if at the time of her death , a widow leaves no eligible minor child , the payment of her share of the pension will cease .
Note 2.- Where a Government employee is survived by a widow but has left behind an eligible minor child from another wife , the eligible minor child will be paid the share of pension which the mother would have received if she had been alive at the time of the death of the Government employee .
Note 3. – Except as provided in Note 1, pension awarded under this scheme will not be payable to more than one member of the family of a Government employee at the time . It will first be admissible to the widow or widower and thereafter to the eligible minor children .
Note 4.- In the event of remarriage or death of the widow or widower , the pension will be granted to the minor children including the posthumous child through their natural guardian , if any otherwise through their defacto guardian on production of indemnity bond in Form ‘A’ . In disputed cases , however , payment will be made through a legal guardian ( i.e ., guardian , appointed by a court of law . )
Note 5.- The ad hoc increase in pension will not be admissible on the family pension granted under scheme .
( 5 ) Omitted .
( 6 ) Except as provided in sub – rule ( 7 ) , Government employee in service on the 30 th June , 1964 , who were governed by the New pension Rules , wholly or partially , had been given an option to elect family pension scheme , 1964 , in substitution of the existing family pension benefits as admissible under the New pension Rules or retain their existing benefits . The Family pension scheme , 1964 , automatically applied to those persons who failed to exercise their option for the retention of the existing Family pension benefits up to the 30 th September , 1965 as admissible under the New pension Rules .
( 7 ) Government employee retiring from service on or after the 1 st November . 1968 ,
In the said rules , in rules – 6.17 , :-
( b ) in sub – clause ( II ) , in each of the items (i) and ( ii ) , for the words “five hundred” the words eight hundred “ shall respectively be substituted .
No . 3 – 2 ( 23 ) 2FCD-85 / 10815 dated 23 rd September , 1987 . Who were eligible to the right of option as referred to in sub – rule ( 6 ) , shall be entitled to exercise their option afresh while submitting their applications for the grant of pension , etc . at the time of retirement , irrespective of the fact whether they had previously exercised any option or not . The members of the families of such Government employees who may die while in service may be allowed the benefits of the rules favourable to them .
( 8 ) Widows or widower of such Government employees as are governed by this Scheme will not be entitled to family pension under any other rules .
( 9 ) This scheme is not applicable to –
( a ) Staff paid from contingencies ;
( b ) work – charged staff ;
( c ) Casual labour ;
( d ) Contract employees; and
( e ) Employees without a minimum service of one year .
( 10 ) The commutation of pension has no effect on the quantum of family pension as the rate of family pension is based on the pay which the Government employee was drawing immediately before his retirement and not on the pension sanctioned to him .
( 11 ) In case both the wife and the husband are Government employees and are governed by the provisions of this scheme and one of them dies while in service or after retirement , the family pension in respect of the deceased employee shall become payable to the surviving husband or wife , as the case may be , and in the event of the death of the surviving husband or wife , the surviving child or children shall be granted two family pensions in respect of the deceased parents subject to the limits specified below , namely:-
(i) If the surviving child or children is or are eligible to draw two family pensions at the rate mentioned in rule 6.18 , the amount of both the pensions shall be limited to ( five hundred rupees per mensem .
(ii) If one of the family pensions ceases to be payable at the rate mentioned in rule 6.18 and in lieu thereof the pension at the rate mentioned in sub – rule ( I ) of rule 6.17 becomes payable , the amount of both the pensions shall also be limited to five hundred rupees per mensum .
( 12 ) Where a female Government employee or a male Government employee dies leaving behind a judicially separated husband or wife and no child , the family pension in respect of the deceases employee shall be payable to the surviving person .
( 13 ) ( a ) where a female government employee or a male Government employee dies leaving behind a judicially separated husband or wife with a child or children , the family pension payable in respect of the deceased employee shall be payable to the surviving person provided he or she is the guardian of such a child or children .
( b) Where the surviving person has ceased to be the guardian of such a child or children , such family pension shall be payable to the person who is the actual guardian of such a child or children provided that where in a case the judicial separation is granted on the ground of adultery and the death of the Government employee takes place during the period of such judicial seperation , the family pension shall not be payable to the person surviving .
( 13-a ) If a person who is the event of death of a Government employee while in service , is eligible to receive family pension under this rule , is charged with the offence of murdering the Government employee or for abetting the commission of such an offence , the claim of such a person , including that of other members of the family eligible to receive the family pension shall remain suspended till the conclusion of the criminal proceedings instituted against him .
( 13-b ) If on the conclusion of the criminal proceedings referred to in sub – rule
( 13-a ) , the person concerned –
(i) is convicted for the murder or for abetting the murder of the Government employee , such a person shall be debarred from receiving the family pension which shall be payable to other eligible members of the family , from the date death of the Government employee .
(ii) is acquitted of the charge of murder or for abetting the murder of the Government employee , the family pension shall be payable to such a person from the date of death of the Government employee .
( 13-c ) The provisions of sub – rules ( 13-a ) and ( 13-b ) shall also apply for the family pension becoming due on the death of a Government employee after his retirement .
( 14 ) (i) Government employees who were otherwise declared eligible to come on the pensionary scheme on the day their services were provincialised but who retained the contributory Provident Fund benefits were allowed another opportunity to opt up to the 31 st March, 1965 , for the New Pension Rules , including the benefit of the Family Pension Scheme , 1964 . The option exercised was to a final . They had, however, no option to elect the New Pension Rules without the benefit of the Family Pension Scheme , 1964 .
( ii ) In the case of an employee who elects to be governed by the New Pension Rules , the Government contribution with interest there on standing to his credit in the Contributory Provident Fund shall be credited to the State Government . The Government employee’s subscriptions, together with interest thereon in that Fund shall be transferred to his General Provident Fund Account which he shall be asked to open and to which he shall subscribe under the rules of the Fund .
( iii ) A Government employee who does not exercise an option within the prescribed period or who quits service without exercising option or whose option is incomplete or conditional or ambiguous shall be deemed to have opted to remain under the existing contributory Provident Fund benefits.
6.17-A. ( I ) The families of Government employees governed by the Family Pension Scheme , 1964 , as well as the Punjab Civil Services ( Extraordinary Pension) Rules , who die as a result of “ Risk of office” or “ Special Risk of Office” as defined in the aforesaid rules, would be paid family pension under the Punjab Civil Services ( Extraordinary Pension ) Rules the family pension scheme , in addition .
( a ) The existing rates of Extraordinary Family Pension payable to the widows and motherless children under the Punjab Civil Services ( Extraordinary Pension ) Rules , in their application to the Government employees governed by the Family Pension Scheme , 1964 , will be as under :-
( I ) Widow Pension
Pay of the Government employee Monthly
Pension
Below Rs . 400 … 45 per cent of pay subject to a maximum of
Rs , 125 and minimum of Rs , 96 .
R s . 400 and above but below … 25 per cent of pay subject to a maximum Rs . 1,200 of Rs . 250 and minimum of Rs . 125 .
Rs . 1,200 and above … 20 per cent of pay subject to a maximum
Of Rs . 460 and minimum of Rs . 270 .
Provided that as laid down in rule 6.18 ibid , the Pension payable for a period of seven years following the date of death or till the date on which the Government employee would have attained the age of sixty – five years had he survived , whichever period is shorter , the pension payable will be at the rate of fifty per cent of the pay last drawn subject to a maximum of twice the Pension mentioned above .
( ii ) Pension to motherless children :-
Pay of Government employee Monthly
Pension Per Child
( a ) Below Rs . 400 … 15 per cent of pay
( b ) Rs. 400 and above but below Rs . 65
Rs . 1,200
( c ) Rs . 1,200 and above … Rs . 100
Note .- These rates are subject to the condition that the pension payable to a child or children will in no case be less than the amount of Pension which would have been admissible to him or them had the provisions of the Family Pension Scheme , 1964 , been applied .
( b ) In addition to the Family Pension at the rates mentioned above, the gratuity where admissible , under the Punjab Civil Services ( Extraordinary Pension ) Rules , will continue to be paid at the existing rates provided therein .
(3) (a) The widow of these female Government employees who may be governed by the Family Pension Scheme, 1964, as well as the Punjab Civil Services (Extraordinary Pension) Rules and who die as a result of “risk/ special risk of office” shall be paid a family pension till death or remarriage, at the rate provided in sub-rule (2) (a). This pension will be payable in addition to children’s pension, in any, admissible under the Punjab Civil Service (Extraordinary Pension) Rules.
(b) The benefit of ‘motherless’ rates will not be available to Children where the father is the recipient of family pension under clause (a), ‘Motherless’ rates will be admissible only in case where both husband and wife are dead.
Note : --See note below rule 6.17 also.