6.18 In the case of Government employees governed under the Family Pension Scheme, 1964, who die while in service on or after 1st January, 1966, the rates of pension as admissible under sub-rule (1) of rule 6.17 and sub-rule (2) (a) of rule 6.17-A as the case may be, will be liberalized to the following extent:--
(i) For a period of seven years the date 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 fifty per cent of the pay last drawn, subject to a maximum of twice the pension admissible under sub-rule (1) of rule 6.17:
Provided that where a Government employee who is governed by the workmen’s Compensation Act, 1923 (Act 8 of 1923) dies while in service after having rendered not less than seven years’ continuous service, including any period of extraordinary leave the rate of family pension payable to the family shall be equal to fifty per cent of the pay last drawn or one and half times pension admissible under sub rule (1) of rule 6.17, whichever is less, The family pension so determined shall be payable for the period mentioned in this clauses:
Provided further that where compensation is not payable under the aforesaid Act, the pension sanctioning authority shall send a certificate to the audit officer to the effect that the family of the deceased Government employee is not eligible for any compensation under the aforesaid Act, and the family shall be paid family on the scale and for the period mentioned in this clause.
(ii) The pension payable thereafter will be at the normal rates laid down in the respect five schemes.
(iii) These benefit will not be applicable if the Government employee had put in less than seven year’s continuous service prior to his death.
(iv) The other provision of the scheme will continue to operate.
(v) In the event of death of the employee after retirement the family pension at the enhanced rates shall be payable up to the dates on which the pension would have attained the age of sixty-five years or for seven years, whichever period is less, but in no case the amount of family pension shall exceed the pension sanctioned to the employee at the time of his retirement, However, in case where the amount of family pension as admissible under sub rule (1) of rule 6.17, exceed the pension sanctioned at the time of retirement, inclusive of the part of the pension commuted, if any, before death, the amount of family pension sanctioned under this clause shall not be less than that amount.
Note1. –In this case of widow or windows governed by the provision of rule 6.17-A child allowance, if any will be paid in addition.
Note2. –The family pension in the case of an employee who dies after retirement shall be payable to the family as defined in sub-rule (3) of rule 6.17, and declared as such by him before retirement.
Note3. –See note below rule 6.17 also.
6.18-A. The procedure to be followed in respect of claims arising out of this scheme is as under:--
Furnishing of ‘Family’ details—
(i) All employee entitled to the benefit of this Scheme shall be required to furnish details of their ‘family’ as defined in sub-rule (3) of rule 6.17, i.e., the dates of birth of each member with his or her relationship with the Government employee. This statement shall be countersigned by the Head of Office and pasted in the service book of the Government employee Government employee will thereafter be required to keep this statement up-to-date. Additions and alterations in this statement will be made by the Head of Office form time on respect of information form the Government employee concerned.
Cases where death occurs while in service—
(ii) On receiving information of death of a Government employee while in service, the administrative authority will send a letter as prescribed in Form PEN—16 to the family of the deceased and ask for the necessary documents mentioned therein.
(iii) On receiving the documents referred to in From PEN—17 and send all these document along with the service book of the Government employee to the Accountant—General, Punjab who will then issue the Pension Payment Order to the beneficiary.
(iii—A) In the case of a Government employee who dies while on deputation to central or any other State Government or while on foreign service, action to authorize the payment of family pension and Death—cum—retirement gratuity, in accordance with the provisions of this scheme, shall be taken by the Audit Officer or head of the office, as the case may be, of the Cadre authority which sanctioned the deputation of the Government employee to the Central or any other State Government or to foreign service.
Cases where death occurs after retirement—
(iv) In order to facilitate quick payment of family pension to the widow/widower of the pensioner, Pension Payment Order, as amended, provides for the admissibility of the family pension to her/him under the same Pension Payment Order under which the pensioner was drawing his pension. While applying for the grant of pension, the Government employee would furnish three copies of his joint photograph with wife/husband; one of which will after having been attested by the pension sanctioning authority be henceforth pasted in the pension in the pension payment order, pensioner’s portion. The amount of family pension admissible will be mentioned in the pension payment order. The Treasury Officer will start paying family pension to the widow or widow on receipt of death certificate of the pensioner and the Form of application in Form PEN—16 (a) for grant of family pension to her or him intimating the charge to the Accountant—General, Punjab. In the Form PEN—18. If the widow or widower is also not the family pension is payable to the minor children with two copies of his photograph and the other necessary documents to the administrative authority on surrendering the First Pension Payment Order. Fresh Pension Payment Order will have to be issued in such cases.
6.19. In cases where the Pensionary liability is required to be allocated between two or more Government only the net amount of gratuity (after deducting an amount equal to two month’s emoluments or pay form the gross amount in terms of sub-rule (5) of rule 6.17, payable, should be allocated between the different Governments.
FORM ‘A’
[Referred to in Note4, sub—rule (4) of
Rule 6—17]
KNOW ALL MEN by these present that we—
(a)-------------------------------------(b) the widow/son/brother, etc., of deceased, resident of------------------------------------------------(c)------------------------------------------------------------------, (thereinafter called “the Obligor’’) and (d)-------------------------------------------, son/wife/daughter of----------------------------------------------, resident of---------------------------------------------------and---------------------------------------------, son/wife/daughter of-------------------------------------------------,resident of----------------------------------------------------------------, the sureties for and on behalf of the Obligor (hereinafter called “the Sureties”) are held and firmly bound to the Governor of Punjab (hereinafter called “Government”) in the sum of Rs.-------------------------------(Rupees------------------------------) only well and truly to be paid to the Government on demand and without a demur for which payment we bind ourselves and our respective heirs, executors, administration, legal representatives, successors and assigns by these presents.
Signed this-------------------day of--------------------one thousand nine hundred and-----------------------------.
WHEREAS (C)------------------------------------- Was at time of his death in the employment of the Government/receiving a pension at the rate of Rs---------------------(Rupees-------------------------------) only per month form the Government.
AND WHEREEAS the said (c)----------------------------died on the -----------------day of-----------------------------------------19---------------------and there was due to him at the time of his death the sum of Rs.---------------------------------(Rupees------------------------------------) for and towards share of his minor son/daughter in the death—cum—retirement gratuity.
AND WHERES the obligor claims to be entitled to the said sum as de facto guardian of the minor son or daughter of the said (c)---------------------but has not obtained till the date of these present the certificate of guardianship from any competent court of law in respect of the said minor(s).
AND WHERES the Obligor has satisfied the (c)--------------------------------------that he/she is entitled to the aforesaid sum and that it would cause undue delay and hardship if the Obligor be required to produce the certificate of guardianship form the competent court of law before payment to him of the said sum of Rs.--------------------.
AND WHERES the Government has no objection to the payment of the said sum to the Obligor but under Government rules and orders it is necessary for the Obligor to first execute a bond with one surety/two sureties to indemnify the Government against all claims to the amount so due as aforesaid to the said (c)-----before the said sum can be paid to the Obligor.
AND WHERES the Obligor and at his/her request the surety/sureties have agreed to execute the bond in the term and manner hereinafter contained.
NOW THE CONDITION OF THIS BOND is such that if after payment has been made to the Obligor, the Obligor and/or the surety/sureties shall in the event of a claim being made by any other person against the Government with respect to the aforesaid sum of Rs.--------------------------------refund to the Government the said sum of Rs.------------------------------------------and shall otherwise indemnify and keep the Government harmless and indemnified against and form all liabilities in respect of the aforesaid sum and all costs incurred in consequence of the claim thereto. THEN the above—written bond or obligation shall be void and of no effect but otherwise it shall remain in full force, effect and virtue.
AND THESE PRESENTS ALSO WITNESS that the liability of the sureties hereunder shall not be impaired or discharge by reason of time being granted by or any for bearance act or omission of the Government whether with or without the knowledge or consent of the surety/sureties in respect of or in relation to the obligation or conditions to be performed or discharge by the Obligor or by any other method or thing whatsoever which under the law relating to sureties, shall but for this provision have the effect of so releasing the surety/sureties form such liability nor shall it be necessary for the Government to sue the Obligor before suing the surety/sureties or either of them for the amount due hereunder, and the Government agrees to bear the stamp duty, if any, chargeable on these presents.
IN WITNESS WHEREOF the Obligor and the surety/sureties hereto have set and subscribed their respective hands hereunto on the day, month and years above—written .
Signed by the above – named ‘ obligor’ in the presence of –
1. ----------------------------------------------
2. ----------------------------------------------
Signed by the above – named ‘surety/ sureties’-
1. ---------------------------------
2. ---------------------------------
Accepted for and on behalf of the Government of Punjab by ------------------------------------------------------------------------------- ( Name and designation of the officer directed or authorised , in pursuance of Article 299 ( 1 ) of the constitution , to accept the bond for and on behalf of the Governed ) in the presence of --------------------------- ( Name and designation of witness ) .
Note.1—
( a ) Full name of the claimant referred to as the ‘Obligor’ .
( b ) State relationship of the Obligor to the deceased .
( c ) Name of the deceased Government employee .
( d ) Full name or names of the surcties with name or names of the father ( s ) / husbands ( s ) and place of residence .
( e ) Designation of the officer responsible for payment .
Note II .- The obligor as well as the sureties should have attained majority so that the bond may have legal effect or force .
SECTION V .- Emoluments and Average Emoluments
A .- EMOLUMENTS RECKONING FOR PENSION
6.19- A. Omitted .
6.19- B. Omitted .
6.19- C . The term ‘emoluments’ when used for this purpose shall mean ‘pay’ as defined in rule 2.44 of the Punjab Civil Services Rules , Volume I , Part I . including dearness pay as determined by the orders of the Government issued from time to time, which the employee was receiving immediately before his retirement , or the date of his death .
Note 1.- If a Government employee immediately before his retirement or death , while in service , has been absent from duty on leave with allowances , for which leave salary is payable or having been suspended had been reinstated without forfeiture of service his emoluments for the purpose of calculating service gratuity for death cum – retirement gratuity shall be taken at what they would have been absent from duty or suspended .
Note 2 – Pay drawn in tenure appointment ( s ) shall count provided the service in tenure appointment ( s ) does not quality for grant of special additional pension .
Note 3.- There shall be no change in the existing principle of reckoning those emoluments for pension which are paid by Government . In other words , the entire amount drawn as emoluments by a Government employee while on foreign service shall not count for pension and gratuity . In such a case , the pay which the Government employee would have drawn under the Government had he not been sent on foreign service , shall alone be taken into account .
Note 4.- If a Government employee immediately before his retirement or death , while in service had been absent from duty on extraordinary leave , or had been under suspension the period whereof does not count as service , the emoluments which he drew immediately before proceeding on such leave or being placed under suspension, shall be the emoluments for the purpose of this rule
Note 5.- If a Government employee immediately before his retirement or death while in service was on earned leave and earned an increment, which was not withheld, during the currency of the earned leave not exceeding one hundred and twenty days , or during the currency of leave preparatory to retirement up to one hundred eighty days on full pay or during the first one hundred and twenty days of any period of earned leave exceeding one hundred and twenty days, such an increment , though not actually drawn shall form part of his emoluments .
6.25 , Time table for the work .- ( 1 ) As soon as the Head of Office receives intimation regarding death of a gazetted or non gazetted Government employee while in service , he shall initiate immediate . action for obtaining claims for family Pension and death – cum – retirement gratuity from the beneficiary or beneficiaries as provided in rule 6.18 – A ( ii ) .
( 2 ) ( I ) The Head of Office shall go through the service book or service record of the deceased Government employee and satisfy himself as to whether annual certificates of verification of Service for the entire service are recorded therein .
( ii ) If there are any periods of unverified service the Head of Office shall accept the unverified portion of service as verified on the basis of valid entries in the service book or service record , For this purpose , the Head of Office may rely on any other relevant mato-rial to which he may have ready access . While accepting the unverified portion of Service , the Head of Office shall ensure that Service was continuous and was not forfeited on account of dismissal , removal or resignation from service .
( iii ) a) For the purpose of determination of emoluments for family pension and death – cum – retirement gratuity , the Head of Office shall normally confine the verification of the correct one year proceding the date of the Government employee .
b) In case , the Government employee was an extraordinary leave on the date of death , the correctness of the emoluments for a maximum period of one year which drew preceding the date of the commencement of the extraordinary leave shall be verified .
(iv) The process of determination of qualifying service and qualifying service and qualifying emoluments shall be completed within one month of the receipt of the intimation regarding the date of death of the Government employee and the amount of family pension and death – cum – retirement gratuity shall be calculated accordingly .
6.26 . Determination of the amount of family pension and gratuity where service records are incomplete .- If in any particular case the service book or service record has not been maintained properly despite the Government orders on the subject , and it is not possible for the Head of Office to accept the unverified portion of Service book or service record , the Head of Office shall not proceed with the verification of the entire spell of service . The verification of service in such a case shall be confined to the following spells of service :-
( A ) For the purpose of Family Pension Scheme , 1964 ,-
( I ) If the deceased Government employee at the time of death had rendered more than one year of service but less than seven years service , the service and the emoluments for the last years of service shall be verified and accepted by the Head of Office and the amount of family pension determined under rule 6.17 .
( ii ) If the deceased Government employee at the time of his death had rendered more than seven years of service , the service for the last seven years and emoluments for service rendered in the last year shall be verified and accepted by the Head of Office and the amount of Family Pension and the period of its tenability determined under rule 6.18 .
( iii ) ( a ) If the deceased Government employee at the time of death had rendered more than seven years service and the service of last seven years is not capable of being verified and accepted by the Head of Office but the Service rendered during the last year is capable of being verified and accepted , the Head of office , pending the verification of Service for seven years , shall calculate the amount of family pension under rule 6.17 .
(b) The service for the last seven years shall be verified and accepted within the next two months and the amount of family pension at the enhanced rates and the period if its tenability determined under rule 6.18.
(iv) The determination of the amount of family pension in term of sub—clauses (i),(ii) and (iii) (a) shall be done within one month of the receipt of intimation of the date of death of the Government employee.
(b) For the purpose of death—cum—retirement gratuity,--
(i) If the deceased Government employee had, at the time of death, renderd more than four years qualifying service, and the spell of last five years service has been verified and accepted by the Head of Office under clause (a), the amount of death—cum—retirement gratuity shall be equal to twenty times of the deceased Government employee’s emoluments as indicated in rule 6.16—(A) (3). Where the verified and accepted service is less than five years of qualifying service, the amount of death—cum—retirement gratuity shall be equal to twice or six times of his emoluments as indicated in clause (b) of sub—rule (2) of rule 6.16(A).
(ii) If the deceased Government employee had rendered more than twenty four years of service and the entire service is not capable of being verified and accepted, but the service for the last five years has been verified and accepted under sub—clause (i), two family of the deceased Government employee shall be allowed, on provisional basis, the death, the death—cum—retirement gratuity equal to twenty times of the emoluments, Final amount of the gratuity shall be determined by the Head of Office on the basic of the entire spell of service which may be verified and accepted by the Head of Office within a period of six months from the date on which the authority for the payment of provisional gratuity was issued, The balance, if any, be coming payable as a result of determination on of the final amount of death—cum—retirement gratuity shall then be authority to the beneficiary or beneficiaries.
(C) For the purpose of Family Pension 1950,--
Since the Family Pension on,1950 is related to Superannuation pension, it shall be necessary to verify the entire spell of service as laid down in rule.
6.27. Forwarding the papers to the Accountant General, Punjab.—(1) On receipt of claims or claims along with necessary documents mentioned in rule 6.18—A the pension as in form Pen. 17 and send all these documents to the Accountant—General, Punjab, with a covering letters along with the Government employees service book on service record duty completed up—to—date and any other documents relied upon for the verification of the service claimed in such a manner that they can be conveniently consulted This shall be done not later than one month of the receipt of the claims by the Head of Office.
(2) The pension sanctioning authority shall draw the particular attention of the Accountant General, Punjab regarding the details of Government a use outs tending against the deceased Government employee, namely:--
(a) government dues as intinated and assessed in term of rule 6.30 and recoverable out of the gratuity before payment is authorized.
(b) Amount of gratuity to be held over partly for adjustment of Government dues which have not been assessed so far and partly as margin for adjustment in the light of the final determination of the gratuity.
6.28—Sanction, drawl and disbursement of provisional family pension and gratuity. –(1) After the documents referred to in rule 6.27 have been sent to the Accountant General, Punjab, the Head of office shall draw provisional family pension on not exceeding the maximum family pension and hundred per cent of the gratuity as determined under clauses (iv) of the sub—rule (2) of rule 6.25 and Head of Office shall adopt the following procedure, namely:-
(a) he shall issue a sanction on letter in favour of the claimant or claimants end orsing copies there of to the amount of hundred percent of provisional family pension and gratuity as determined;
(b) he shall indicate in the sanction letter the amount recoverable out of the gratuity in terms of sub—rule (2) of rule 6.27;
(c) after issue of the sanction letter he shall draw:-
(i) the amount of provisional family person; and
(ii) The amount of hundred percent of the gratuity and deduct there form the dues mentioned in clauses (b) in the same manner as pay and allowance of the establishment are drawn by him.
2. The Hand of Office shall disburse,--
(a) the provisional family pension to the claimant on or after the first day of the month following the month in which the Government employee died;
(b) the amount of the death—cum—retirement gratuity to the claimant or claimants immediately after the same has been drawn under clauses (B) of rule 6.26.
(1) The payment of provisional family pension shall contain for a period of six month form the date following the date of death of the Government employee unless the period is extended by the Accountant, General, Punjab, under the proviso to sub—rule (1) of rule 6.29.
(2) The Head of Office shall inform the Accountant General, Punjab.
(a) as soon as the gratuity has been paid to the claimants; and
(b) as soon as the provisional family pension has been paid for a period of six months or for the period extended under the proviso to sub—rule (1) of rule 6.29, as the case may be.
5. If the claimants desires the payment of provisional family pension or of gratuity or of both through money order or banked raft, the same shall be remitted to him through money order or bank draft at this cost:
Provided that in the case of any claimant who is sanctioned a provisional family pension not exceeding one hundred rupees per mensem, the amount of pension shall at the request of the claimant, be remitted to him by money order at Government expense.
6.29 Authorization of final pension and balance of the gratuity in respect of the deceased Government employee.—(1) On receipt of the document referred to in rule 6.27, the Accountant General Punjab, shall within a period of these non the form the date checks, and assess the amount of family pension and gratuity, and issue pension order and gratuity payment orders:
Provided that if the Accountant General, Punjab, is for any reason, unable to assess the amount of both the family pension and gratuity within a period aforesaid, he shall communicate the fact to the Head of Office to continue to disburse the provisional family pension to the claimant for such period as may be specified by the Accountant General, Punjab.
1 (a) The payment of family pension shall effective form the date following the date on which the payment of provisional family pension ceased.
(b) Arrears of family pension, if any, in respect of the period for which family pension was drawn and disbursed by the Head of Office shall also be authorized by the Accountant General, Punjab.
(2) (a) The Accountant General, Punjab, shall authorize the payment of balance of the gratuity after adjusting the amount if any, outstanding against the deceased Government employee;
Provided that the release of the gratuity shall not be withheld on account any delay in connection with or for want of sanction of the competent authorized required under rule 10.16(v) of the Punjab Financial Rules, Volume I, in respect of writing off of the loans, any part thereof, or interest accurad thereon which remains unpaid at the time of death of the Government employee concerned. The release of the gratuity shall, however, be withheld to the case falls in any of the following categories:
(a) if the deceased Government employee is not survived by,--
(b) his wife or husband, as the case may be, or
(c) his sons, daughter, father, mother, minor brother and sister who are unemployed and were entirely dependent on the deceased Government employee as certificate by the Deputy Commissioner Concerned.
(d) The amount of gratuity withheld under clauses (vi) of sub—rule (1) of rule 6.30 shall be adjusted by the Accountant General, Punjab, against the out standing licence fee mentioned in clause (ix) of sub—rule (1) of the said rule and the balance, if any, refunded to the person or person to whom the gratuity has been paid.
(4) The fact of the issue of the pension payment order and order for the payment of balance of gratuity shall be promptly reported to the Head of Office and the document which are no longer required shall be returned to him.
(3) The Accountant General, Punjab, may authority the payment of balance of gratuity even during the period of the currency of provisional family pension:
Provide that the amount of gratuity has been finally assessed and no recovery of Government dues is outstanding against the deceased Government employee.
(5) If the amount of provisional family pension as disbursed by the Head of Office is found to be in excess of the final family pension on assessed by the Accountant General, Punjab it shall be open to the Accountant General, Punjab to adjust the amount of pension payable in further.
(7)(a) If the amount of gratuity discharge by the Head of Office proves to be larger than the amount finally assessed by the Accountant General, Punjab, the beneficiary shall not be required to refund the excess.
(8) if the Licence fee has not been recovered up to the date of death and the family inter to retain Government accommodation for the permissible period of one years beyond the date of death of the Government employee, details of the:-
(a) period for which licence fee still remains to be recovered.
(b) The amount of licence fee in respect of the period mentioned in sub—clauses (a) above to be determined on the basic of the standard rent bill;
(c) The amount of licence fee the retention of Government accommodation by the family of the deceased Government employee for the cancessional period of one years beyond the date of death of the Government employee to be determined on the basic of the standard rent bill.
(i) The amount of licence fee mentioned in sub—clauses (b) and (c) proposed to be recovered out of death—cum—retirement gratuity.
(iii) The Head of Office shall recover form the death—cum—retirement gratuity the amount of licence fe as intimated by the Account officer or Assistant Accountant Officer (Pents) under clauses(i).
(ii) The recovery of licence fee the occupation of Government occupation of Government accommodation beyond the permissible period of one years shall be the responsibility of Accountant Officer or Assistant Accountant Officer (Pents).
(iii) The Amounts Officer or Assistant Accountant officer (Rents) shall scrutinize their record with a view to determine if the licence fee other than the licence fee referred to in clauses (i) was outstanding against the deceased Government employee. If any outstanding recovery is found, the amount and period or periods to which the recovery or recoveries relate shall be communicated to the Head of Office within a period of these months of the receipt of intimation regarding the death of the Government employee under clauses (i) (c),
(iv) Pending receipt of information under clauses (v) the Head of Office shall withhold ten percent of the death—cum—retirement gratuity or one thousand rupees whichever is less.
(v) If no intimation is received by the Head of office within the period specified under clauses (v) regarding the recovery of the licence fee, it shall be presumed that nothing was recoverable form the deceased Government employee and the withheld amount of gratuity shall be refunded to the person of person to whom the amount of death—cum—retirement gratuity was paid.
(vi) If the Head of Office has received intimation from the Accountant officer or Assistant Accountant Officer or Assistant Accountant Officer (Rent) under clauses (v) regarding licence fee outstanding against the deceased Government employee, the Head of Office shall verify form the acquitatance rolls if the outstanding amount of licence fee was recovered form the pay and allowances of the deceased Government employee. If as a result of verification it is revealed that the amount of licence fee shown as outstanding by the Account Officer or Assistant Accounts officer (Rent) had already been recovered, the Head of Office shall draw the attention of the Accounts Officer or Assistant Account Officer (Rent) to the pay bills, under which the necessary recovery of the licence fee was made and take steps to refund the withheld amount of the gratuity to the person or person to whom the death-cum-; retirement gratuity was paid.
(vii) If the outstanding amount of license fee was not recovered form the pay and allowance of the deceased Government employee, the outstanding amount shall be adjusted against the amount of the gratuity withheld under clauses (vi) and the balance, if any, refunded to the person or person to whom the amount of death—cum—retirement gratuity was paid.
(2) Dues other than those referred to in sub—rule (1).—On receiving an intimation regarding the death of the Government employee, the Head of Office shall take steps to ascertain if any dues as referred to in rule 9.2—A, excluding the dues pertaining to occupation of Government accommodation were recoverable form the deceased Government employee. Such ascertainable dues shall be recovered form the amount of death—cum—retirement gratuity becoming payable to the family of the deceased Government employee.’’
Note 7. –Where a pensioner who is reemployed in Government service elects in term of rule 7.13 and rule 7.19 to retain his pension for earlier service and whom pay on reemployment, has been reduced by the amount not exceeding his pension, the element of pension by which his pay is reduced shall be treated as emoluments for the purpose of pension and gratuity.
6.20 & 6.21. Omitted.
B. –EMOLUMENTS NOT RECKONING FOR PENSION
6.22 & 6.23. Omitted.
6.24. (i) The term “average emoluments’’ means the average calculated upon the last ten* months of qualifying service.
Note. –Average emoluments should be worked out wholly in rupees by converting sterling over sea’s pay into rupees at the rate of 5.27 new pence. To the rupees of the rate in force form time to time.
(2) If during the last ten month of his service a Government employee has been event form duty on leave with leave salary, and also on extraordinary leave which counts for pension or having been suspended, has been reinstated without forfeiture of service, his emoluments, for the purpose of ascertaining the average, should be taken at what they would have been had he not been absent form duty or suspended: provided always that, expect as provided in Note 1, his pension must not be increased on account of increase in pay not actually drawn.
Note. –In the case of a Government employee who during the currency of leave preparatory to retirement up to 180 days on full pay was on earned leave during the last ten months of service had earned an increment which was not withheld during the currency of the earned leave not exceeding one hundred and twenty days, or during the first one hundred and twenty days of any period of earned leave exceeding one hundred and twenty days, such increments, through not actually drawn, shall be including in the average emoluments.
(3) If, during the last ten months of his service, a Government employee has been absent form duty on leave without leave salary (not counting for pension), or has been in class IV service, or has been suspended under such circumstance that the period of suspension does not count as service, the period so passed should be disregarded in the calculation of the average emoluments, and an equal period before the ten months should be included.
(4) In the case of Government employee who are allowed to count their Military service for civil pension under rule 4.3 the average emoluments should be calculated on the basic of pay drawn in the Civil the Military Department during the last ten*months of service and the break, if any, between the Military service and the Civil service should be disregarded and an equal period before the ten*months should be included.
(5) Period of joining time which fall within the last ten*months of a Government employee’s service should form part of ten*months for the purpose of “average emoluments’’.
In case of joining time falling under clauses (a) and (b) of rule 9.15 of Volume I of these rules, where the pay of a particular post is drawn, the actual ‘emoluments’ (not the actual joining time allowances) drawn should be taken for the purpose of average emoluments In case of joining time falling under clauses (b) of the said rule, the emoluments for calculation of average emoluments should be taken at what they would have been had the Government employee not been on joining time.
(6) Omitted.
(7) Except as provided in clauses (2) to (6) above, only emoluments actually received can be including in the calculation. For example, When a Government employee is allowed to count time retrospectively towards increase of pay, but does not receive intermediate are not reckoned in the calculations.
(8) In the case of section writers whose service has been allowed to count for pension and Press employees whose service qualifies under rule 3.28 “average emoluments’’ means the average earnings of the seventy—two months in superior service.
Note 1. –This clause applies in the case of Press employee remunerated by a fixed rate of pay if hit Pay is met form the grant for piece—work .
Note 2. –Overtime earning of Press employees paid at piece—work rates may be taken in to account in calculating average emoluments under this clauses; but such earnings must be excluded in reckoning the average emoluments of Press employees (who draw pay at fixed rates).
If during the last 72 months of service a Press employee has been for some period on fixed pay and for other period a piece—work employee overtime earning may be taken into account in calculating pension only for the period during which he was remunerated at piece work rates.
(9) Basic for calculation of pension in respect of seasonal establishment governed by rule 3.18. For purpose of calculating of average emoluments for pension, in respect of seasonal establishments, the whole of the last ten*months of service including the period which count but during which no emoluments were drawn should enter into calculating and not merely the periods during which emoluments were drawn. The emoluments that should be taken into account under clauses (7) above be those actually during that period.