1. Pension General Conditions RTI Jammu 1 PENSION - GENERAL CONDITIONS

2. Pension General Conditions RTI Jammu 2 Session Overview During this session we will cover: General conditions applicable to grant of pension to Central Government Employees; Different classes of pension applicable to Central Government employees.

3. Pension General Conditions RTI Jammu 3 Learning Objective At the end of this session the trainees will be able to state the conditions applicable to grant of pension to Central Government employees and different classes of pension applicable to them.

4. Pension General Conditions RTI Jammu 4 GENERAL CONDITIONS 1. Regulation of claims- Any claim for Pension/Gratuity/Family Pension benefits shall be regulated on the basis of rules in force on the date on which the employee ceases to be in service due to retirements or death.

5. Pension General Conditions RTI Jammu 5 GENERAL CONDITIONS 2. The day of retirement in all cases except on voluntary/ premature retirement is treated as working day. The day of resignation is also treated as working day. However, cases of resignation the entire past service is forfeited in such cases according to Rule 26 and the employee's eligibility for pension is taken away by this.

6. Pension General Conditions RTI Jammu 6 GENERAL CONDITIONS 3. Limitations on number of pensions:- A Government servant is not eligible for two pensions in the same service or post at the same time or by the same continuous service. A pensioner receiving superannuation or retiring pension and re-employed subsequently is not eligible for a separate pension and gratuity for the period of his re-employment.

7. Pension General Conditions RTI Jammu 7 GENERAL CONDITIONS 4. Pension subject to future good conduct:- Future good conduct is an implied condition of every grant of pension and its continuance. If the pensioner is convicted of a serious crime or is found guilty of grave misconduct, the whole or part of the pension may be withdrawn or withheld by a written order of the Appointing Authority, whether permanently or for a specified period.

8. Pension General Conditions RTI Jammu 8 GENERAL CONDITIONS  If a part of the pension is withheld or withdrawn, the balance of the pension that can be drawn by such pensioner shall not be less than the minimum pension specified CCS (Pension) Rules. (Rs 1,275 (Rs 1,913 from 1-4-2004) per month.

9. Pension General Conditions RTI Jammu 9 GENERAL CONDITIONS  If the pensioner is convicted of a serious crime by a Court of Law, such withholding or withdrawing of the pension can be ordered in the light of the judgment of the Court. Otherwise, the pensioner should be given a reasonable opportunity by issue of notice before ordering any such withholding or withdrawing of the pension.

10. Pension General Conditions RTI Jammu 10 Right of President to withhold or withdraw pension The President reserves the right of withholding a pension or gratuity, or both, either in full or in apart or withdrawing a pension or part thereof, whether permanently or for a specified period, and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Government, or if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct of negligence during the period of his service, including service rendered upon re- employment after retirement

11. Pension General Conditions RTI Jammu 11 Right of President to withhold or withdraw pension.(ii) If the departmental proceedings are instituted before the retirement of the Government servant, the proceedings will be continued and concluded by the same authority even after the retirement of the Government Servant. That authority should submit a report recording its findings to the President.

12. Pension General Conditions RTI Jammu 12 Right of President to withhold or withdraw pension  (iii) If the departmental proceedings are not instituted while the Government servant was in service, whether before his retirement or during his re-employment, the same shall not be instituted without the sanction of the President. No such proceedings can also be instituted in respect of any event which took place more than four years before such institution.

13. Pension General Conditions RTI Jammu 13 Right of President to withhold or withdraw pension  (iv) If the President orders recovery of pecuniary loss caused to Government from pension, the recovery shall not ordinarily be made at a rate exceeding one-third of the pension admissible on the date of retirement of a Government servant.  (v) The Union Public Service Commission shall be consulted before any final orders are passed by the President under this Rule.

14. Pension General Conditions RTI Jammu 14 Commercial employment after retirement If a pensioner, who immediately before his retirement was a member of Central service group 'A’, wishes to accept any commercial employment within two years from the date of his retirement, he shall obtain the previous sanction of the Government.

15. Pension General Conditions RTI Jammu 15 Commercial employment after retirement If such, pensioner takes up any commercial employment at any time within the said period of 2 years without the prior permission of the government or commits a breach of any condition subject to which permission to take up any commercial employment has been granted to him, it shall be competent for the Government to declare that he shall not be entitled to the whole or such part of the pension and for such period as may be specified by the Government after giving an opportunity to the pensioner to show cause against such declaration.

16. Pension General Conditions RTI Jammu 16 Commercial employment after retirement If a pensioner, who, immediately before his retirement, was a member of Central Service Group 'B', takes up any commercial employment within two years of his retirement, he should give an intimation to the Ministry/Department in/or under which he last served specifying whether or not he had any official dealing with the private employer while he was in service.

17. Pension General Conditions RTI Jammu 17 Employment after retirement under a Government outside India Pensioners who retired from Central Service Group 'A', should obtain the previous permission of the Central Government for accepting any employments under any Government outside India. No pension is payable during the period of employment accepted without proper permission or for a longer period as ordered by the Government for accepting employment without permission.

18. Pension General Conditions RTI Jammu 18 Pension Classes Two types: Ordinary Pension (regulated by the Central Civil Services (Pension) Rules, 1972) ; and Extraordinary Pension (Regulated by Central Civil Services (Extraordinary Pension) Rules).

19. Pension General Conditions RTI Jammu 19 Ordinary Pension Various classes of ordinary pension are:

20. Pension General Conditions RTI Jammu 20 Superannuation Pension A Superannuation pension is granted to a Government Servant who retires on attaining the age of retirement. Every Government Servant shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years.

21. Pension General Conditions RTI Jammu 21 Retiring Pension A retiring pension is granted to a: Government Servant who retires voluntarily or is retired in advance of the age of retirement; Government Servant who, on being declared surplus, opts for voluntary retirement; and Permanent Central Government Servant, who on being declared as surplus.

22. Pension General Conditions RTI Jammu 22 Voluntary retirement Voluntary retirement, before attaining the normal date of retirement is available to a Government Servant under the following provisions: A Government Servant (except Group ‘D’ Government Servants who entered service on or before 23.07.1966) may voluntarily retire from service after attaining the age of 55 years (50 years if he is in Group ‘A’ or Group ‘B’ service or post and had entered Government service before attaining the age of thirty-five years) with weightage in qualifying service up to five years, by giving a notice of not less than 3 months;

23. Pension General Conditions RTI Jammu 23 Voluntary retirement A Government Servant who is governed by the CCS (Pension) Rules, 1972, may, at any time he has completed 30 years’ qualifying service, retire from service, with weightage in qualifying service up to 5 years, after giving a notice of at least three months to the Appointing Authority. If a Government Servant in Group ‘C’ service or post is not governed by any pension rules may retire voluntarily after 30 years of service by giving in writing to the Appropriate Authority a notice of not less than three months.

24. Pension General Conditions RTI Jammu 24 Voluntary retirement Government Servants who have put in not less than 20 years’ qualifying service may, by giving notice of three months in writing to the Appointing Authority, retire from service voluntarily on proportionate pension and gratuity, with a weightage of up to 5 years in qualifying service, subject to certain conditions. A Government Servant suffering from any bodily or mental infirmity which permanently incapacities him for the service may apply for invalid pension with necessary certificate of incapacity from the appropriate Medical Authority.

25. Pension General Conditions RTI Jammu 25 Voluntary retirement Temporary/Quasi-permanent Government Servant who have put in not less than 20 years of continuous service, may, by giving notice of three months in writing to the Appointing Authority, retire forms service with pensionary benefits as admissible in the case of permanent Government Servant under Rule 48-A of CCS (Pension) Rules.

26. Pension General Conditions RTI Jammu 26 Voluntary Retirement employees declared surplus Central Government employees who are declared surplus and eligible for re- deployment may opt for Voluntary Retirement, with weightage in qualifying service under Rule 29 of CCS (Pension) Rules, 1972 and also under the Special Voluntary Retirement Scheme.

27. Pension General Conditions RTI Jammu 27 Premature Retirement The power to weed out unsuitable Government Servants before their normal dates of retirement is available to Government under the following provisions:- Under FR 56 (l) a Government Servants (except Group ‘D’ Government Servant who entered service on or before 23.07.1966) can be retired by the appropriate authority after the Government Servant has attained the age of 55 years (50 years in the case of Group ‘A’ and Group ‘B’ Officers) who had entered Government Service before attaining the age of thirty five years), by giving him a notice of not less than three months in writing or three months’ pay and allowances in lieu of such notice.

28. Pension General Conditions RTI Jammu 28 Premature Retirement Under Rule 48, CCS (Pension) Rules whereby Government may require a Government Servant to retire at any time after he had completed 30 years qualifying service by giving a notice of not less than 3 months, or three months pay and allowances in lieu of such notice. Under FR 56 (j), a Government Servant in Group ‘C’ service or post who is not governed by any pension rules may be required to retire prematurely at any time after he has completed 30 years of service by giving him a notice in writing of not less than three months or three months pay and allowances in lieu of such notice.

29. Pension General Conditions RTI Jammu 29 Premature Retirement Under the Central Civil Services (Medical Examination) Rules, 1957, where a Competent Authority has reason to believe that a Government Servant is suffering from contagious disease, that authority may direct the Government Servant to undergo a medical examination and on the basis of the opinion expresses by the examining Medical Body, may retire the Government Servant on invalid pension.

30. Pension General Conditions RTI Jammu 30 Pension on absorption in or under a Corporation, Company or Body A Government Servant who has been permitted to be absorbed in a service or post in or under a Corporation or Company wholly or substantially owned or controlled by the Government shall, be deemed to have retired from service from the date of such absorption and be eligible to receive retirement benefits, if any, from such date as may determined in accordance with the orders of the Government applicable to him.

31. Pension General Conditions RTI Jammu 31 Pension on absorption in or under a Corporation, Company or Body Where there is a pension scheme in a Body (i.e., Central Autonomous Body, Statutory Body or University) controlled or financed by the Central Government in which the Government Servant is absorbed, he shall be entitled to exercise option either to count the service rendered under the Central Government in that Body for pension or to receive pro rata retirement benefits for the service rendered under the Central Government in accordance with the orders issued by the Central Government

32. Pension General Conditions RTI Jammu 32 Invalid Pension Granted on retirement from the public service to a Government Servant who is permanently incapacitated for further service by bodily or mental infirmity. The amount of invalid pension granted to him shall not be less than the amount of ‘Family Pension’ admissible under the rules.

33. Pension General Conditions RTI Jammu 33 Compensation Pension Granted to a Government Servant who is discharged from public service on account of abolition of his permanent post when a suitable appointment of equal rank cannot be found for him. If a lower post is offered and not accepted by the Government Servant, even then compensation pension is admissible.

34. Pension General Conditions RTI Jammu 34 Compulsory retirement pension Compulsory retirement of a Government Servant is one of the major statutory penalties that can be imposed upon a Government Servant under the CCS (CCA) Rules. This penalty will be restored to in cases where continuance of a Government Servant in service is considered to be undesirable, but the extreme penalties of removal or dismissal, with the consequent loss of pension, is considered to be too severe.

35. Pension General Conditions RTI Jammu 35 Compulsory retirement pension The pension to be granted in such a case shall be at the rate not less than two-thirds and not more than full compensation pension admissible to him on the date of his compulsory retirement.

36. Pension General Conditions RTI Jammu 36 Compassionate allowance A Government Servant who is dismissed or removed from service shall forfeit his pension and gratuity and he is entitled to no pensionary benefits. However, if the case is deserving of special consideration, the authority competent may sanction a compassionate allowance. The compassionate allowance sanctioned should not exceed two-thirds of pension or gratuity or both which retired on compensation pension, and should not be less than the minimum pension of Rs 1,913 prescribed in Rule 49 of CCS Rules. Compassionate allowance is also available for commutation under CCS Rules.

37. Pension General Conditions RTI Jammu 37 Family Pension 1964 In the case of death while ins service- he has completed a minimum period of one year service; or he had been medically examined and found fir for appointment under the Government when his death occurs before completion of one year service. In the case of death after retirement-

38. Pension General Conditions RTI Jammu 38 Extraordinary Pension Under the Central Civil Services (Extraordinary Pension) Rules 1939, a Government Servant, whether temporary or permanent who becomes disabled permanently while in service and the disablement is due to wound, injury or disease which (i) is attributable to Government Service, or (ii) existed before or arise during Government service and has been and remains aggravated thereby may be granted monthly pension. If such Government Servant continues in Government Service, the award under these rules will be made in lumpsum and not on monthly pension basis.