13. ALL INDIA SERVICES (DEATH-CUM-RETIREMENT BENEFITS) RULES, 1958

13 · ALL INDIA SERVICES (DEATH-CUM-RETIREMENT BENEFITS) RULES, 1958

1 · Short title and application

1 · 1(2)(b) They do not apply to those members of the Service who were promoted to the Service from the State Services or were appointed to the Service under the Indian Administrative Service (Extension to States) Scheme or the Indian Police Service (Extension to States) Scheme and who, under orders issued by the Central Government before the coming into force of those rules, were given an option in the matter of pension rules, by which they would be governed and who in exercise of that option, chose to be governed by the Superior Civil Services Rules, the Civil Service Regulations, or the pension rules of the State concerned, as the case may be:

2 · Definitions

3 · 2(1)(a) "Accounts Officer" means an officer, whatever his official designation, who maintains the accounts of a Ministry, Department or Office of the Central Government or State Government or Union territory and includes an Accountant General, who is entrusted with the functions of maintaining the accounts or part of accounts of the Central Government or State Government or Union territory ;'

4 · 2(1)(aa) "average emoluments" means the average of the emoluments drawn by a member of the Service during the last ten months of his service;

1 · Substituted vide DP &AR orders No. 31/7/72 -AIS(III) dated 22.05.1973.

2 · Inserted vide DOP&T Notification No. 25014/14/2001 -AIS(II)(A) (GSR No. 105(E) dt 06.02.2004)

3 · Inserted vide DOP&T Notification No. 29018/16/2013 -AIS(II) (GSR 492E dated 12/07/2013

4 · Inserted w.e.f. 31.12.72 vide DP &AR Notification No. 33/12/73 -AIS(III),dated 24.1.57 read with Notification No.25011/29/75AIS(II) dated 30.1.1976 (GSR No. 196 dated 14.2.76).

6 · (iii-a) The emoluments drawn by a member of the Service during the last ten months of his service shall count for purposes of calculation of average emoluments only if the pay drawn during the said period is-

7 · (iii-b) in the case of a member of the Service who was deputed to any foreign service post during the last 10 months of his service the pay should be reckoned with reference to his entitlement in the Cadre or the pay which he would have drawn in a post under the Central Government, had he been on central deputation. For this purpose, the certificate given by the State Government on whose cadre the member is borne, regarding the pay he would have drawn in the cadre, or the certificate given by the Central Government regarding the pay he would have drawn in a post under the Central Government, had he not gone on foreign service, would be treated as sufficient.

5 · Substituted w.e.f. 1.3.76 vide Notification No. 11024/4/76 -AIS(II) dated 7.12.77 (GSR No. 1700 dated 24.12.77).

6 · Inserted w.e.f. 01.01.1973 vide Notification No. 25011/66/75 -AIS(II) dated 22.05.1976 (GSR No. 1700 dt. 24.12.1977).

7 · Substituted vide DP &Trg. Notification No.25011/40/88-AIS (GSR No. 91 dt. 25.02.1989).

8 · Substituted w.e.f. 01.03.1976 vide Notification No. 11024/4/76 -AIS(II) dated 07.12.1977.

10 · 2(1)(bb) " Emoluments" means the basic pay, as defined in clause (aa) of rule 2 of the Indian Administrative Service (Pay) Rules, 2007 and other similar rules made for Indian Police Service or Indian Forest Service, as the case may be, that a member of the service was receiving before his retirement or, as the case may be, his death; (w.e.f. 1st January, 2006) "Emoluments" for the purpose of calculation of retirement or death gratuity, means the basic pay and Dearness Allowance that a member of the service was receiving on the date of his retirement or as the case may be, his death:

9 · Inserted vide DOP&T Notification No. 29018/16/2013 -AIS(II) (GSR 492E dated 12/07/2013)

10 · Substituted/inserted w.e.f. 01.01.1996 vide DP &T Notification No. 25011/24/97 -AIS(II) dated 19.12.1997 (GSR No. 717E dated 19.12.1997), substituted w.e.f. 01.01.2006 vide DOP&T Notification No. dated 12/7/2013 (GSR No. 492(E)

11 · 2(1)(cc) "Indian Civil Service member of the Indian Administrative Service" means a person, who was initially appointed to the Civil Service of the crown in India known as the Indian Civil Service and who subsequently became a member of the Indian Administrative Service.

12 · 2(1)(e) "leave with allowances" means leave other than extraordinary leave.

13 · 2(1)(f) "member of the Service" means a member of an All India Service as defined in section 2 of the All India Services Act, 1951 (61 of 1951).

11 · Inserted vide DP&AR Notification No.31/7/72 -AIS(III) dated 22.05.1973

12 · Substituted vide MHA Notification No.29/41/64 -AIS(III) dated the 8 th April, 1965

13 · Substituted vide DP&AR Notification No.29/76/66 -AIS(II)-A dated the 13 th December,1966

14 · 2(1)(g) "Pay" means the amount drawn monthly by a member of the service as pay, other than special pay, against the post held by him at the time of his retirement from service.

15 · 2(1)(jj) "Revised scales of pay' means the scales of pay introduced with effect from the 1st day of January, 1996, unless specified otherwise.

16 · 2(1)(m) "State Government" means the State Government on whose cadre the member of the Service was borne immediately before retirement or death and in relation to a member of an All India Service borne on a joint cadre, the joint cadre Authority.

3 · General Conditions. -

17 · Provided that no such order shall be passed without consulting the Union Public Service Commission.

18 · 4. Limitations: -

14 · Substituted vide D/P&T Notification No.25011/12/87 -AIS(II) dated 22.05.1987(GSR No.522E dt. 22.05.1987)

15 · Substituted w.e.f.1.1.96 vide D/P&T Notification No.25011/24/97 -AIS(II) dated 19.12.1997(GSR No.717E dated 19.12.1997)

16 · Substituted vide DP &AR Notification No.13/4/71 -AIS(I) dated 11.01.1972.

17 · Inserted vide DP&AR Notification No.25011/22/82 -AIS(II) dated the 16 th July, 1983(GSR No.557 dt. 30.07.1983)

18 · Substituted vide DOP&T Notification No. 29018/16/2013 -AIS(II) (GSR 492E dated 12/07/2013)

5 · Removal, Dismissal or Resignation from Service. -

19 · 5(1A)(i) The Central Government may permit a member of service to withdraw his resignation in the public interest on the following conditions, namely :-

19 · Inserted vide DOP&T Notification No. 24012/10/2010 -AIS(II)(A) (G.S.R. No. 585(E) dt 28.07.2011).

20 · 5A . Permanent Absorption of Members of the Service in or under a Corporation, Company or body.-

21 · 5A(2)

22 · 5A(3) A member of the Service referred to in sub-rule (1) shall not be governed by the provisions of rule 22 [ omitted 23 ], if his family is entitled to family pension under the rules of the organization in which he is permitted to get absorbed permanently.

24 · 6 Recovery from pension.-

26 · Provided that no such order shall be passed without consulting the Union Public Service Commission:

20 · Amended vide DP &AR Notification No. 25011/46/76 -AIS(II) dated 28.03.1978 (GSR No. 450 dt 08.04.1978).

21 · Deleted vide DOP&T Notification No. 25011/4/2000 -AIS(II) dated 18.01.2002 (GSR No. 49(E) dt. 18.01.2002.)

22 · Inserted vide 25011/7/50/78 -AIS(II) dated 1 st May, 1980 (GSR 545, dt. 17.05.1980)

23 · Omitted vide DOP&T Notification No. 29018/16/2013 -AIS(II) (GSR 492E dated 12/07/2013)

24 · Substituted vide MHA Notification No. 29/7/63 -AIS(II) dated 25 th March, 1964.

25 · Substituted vide Notification No. 25011/19/91 -AIS(II) dated 26.05.1993.(GSR No. 308, dt. 19.6.93).

26 · Inserted vide DP &AR Notification No. 25011/22/82 -AIS(II) dated 16.7.83. (GSR No. 557 dt. 30.0719.83)

27 · Note -1 -Where a part of the pension is withheld or withdrawn the amount of such pension shall not be reduced below the amount of rupees three thousand five hundred per mensem or at the rates provided under the corresponding rules of the Central Civil Service (Pension) Rules, 1972".

29 · Provided that where disciplinary proceeding has been instituted against a member of the Service before his retirement from service under rule 10 of the All India Service (Discipline and Appeal) Rules, 1969, for imposing any of the penalties specified in clause (i), (ii) and (iv) of sub-rule 1 of rule 6 of the said rules and continuing such proceeding under sub-rule (1) of this rule after his retirement from service, the payment of gratuity or death -cum-retirement gratuity shall not be withheld.

27 · Substituted vide DOP&T Notification No. 29018/16/2013 -AIS(II) (GSR 492E dated 12/07/2013).

28 · Substituted vide Notification No.25011/30/77 -AIS(II) dated 10.7.78(GSR No.422 dated 22.7.78)

29 · Substituted vide DP&AR Notification No.25011/22/82 -AIS(II) dated 16.7.83(GSR No.557 dated 30.7.83)

30 · NOTE: -

7 · Compulsory Retirement as a Measure of Penalty:-

32 · Provided that, if the circumstances of the case so warrant, the 33 Central Government after consultation with the Union Public Service Commission may direct that the retirement benefits shall be paid at such reduced scales as may not be less than two-thirds of the retirement benefits under rules 18 and 19.

34 · 7(2) The family of a member of the Service who is compulsorily retired from the service as a measure of penalty shall be entitled to a family pension under Rule 22 [ omitted 35 ]. For the purpose of rule 22, the family pension shall be admissible for maximum period of five years from the date of compulsory retirement.

8 · Qualifying service.-

36 · Provided that temporary or officiating service, followed without interruption by confirmation in the same or another post, shall count in full as qualifying service except in respect of periods of temporary or officiating service in non -pensionable establishment.

30 · Omitted vide Notification No. 25011/13/82 -AIS(II) dated 11.09.1980 (GSR No. 978 dt. 27.09.1980)

31 · Substituted vide DP &AR Notification No. 25011/14/79 -AIS(II) dated 01.09.1979 (GSR No. 1151 dated 16.09.1979)

33 · Substituted vide DP&AR Notification no. 25011/22/82 -AIS (II) dated 16.07.1983 (GSR No.557 dt 30.07.1983)

34 · Substituted wef 1.1.64 vide MHA Notification No. 29/11/65 -AIS(II) dated 05.02.1966.

35 · Omitted vide DOP&T Notification No. 29018/16/2013 -AIS(II) (GSR 492E dated 12/07/2013)

36 · Substituted vide MHA Notification No. 29/7/60 -AIS(II) dated 31.12.1962.

37 · 8(2A) The period of service rendered under an autonomous body, wholly or substantially owned or controlled by the Central Government and taken over by it, by a member of the service who left the service of that body at any time prior to its take-over by the Central Government and who later on joined Government Service with or without break, shall count as qualifying service for pension under these rules to the extent and subject to the conditions under which such service is counted as qualifying service for pension under the Central Civil Service (Pension) Rules, 1972 or under any orders issued by the Central Government in this behalf.

38 · 8(3) [ ]

39 · 8(5)(a) A member of the Service who, prior to his appointment to the Service, held a post in the General Administrative Reserve or a post under Government on a contract basis, shall have the option to count the period of his service in such post in full as qualifying for pension under these Rules. Provided that such service is otherwise continuous and that he did not draw inflated rates of pay by reason of the absence of retirement benefits.

41 · 8(6) A member of the Service who prior to his appointment to the Service held a post under Government carrying contributory provident fund benefits shall

37 · Inserted /Substituted vide Notification No.25011/41/80 -AIS(II) dt 15.5.81 (GSR No. 705 dt 1.8.81)

38 · Omitted vide MHA Notification No. 29/81/66 -AIS(II)-A dt.20.6.68

39 · Substituted vide MHA Notification No.29/7/60 -AIS(II) dated 31.12.62.

40 · Substituted vide DP &AR Notification No. 13/4/71 -AIS(II) dated 11.1.72

41 · Substituted vide MHA Notification No.29/7/60 -AIS(II) dated 31.12.62.

44 · (8A) A member of the Service, who had participated in the national movement and who entered Government service by availing himself of the concession of relaxation of age in terms of the Ministry of Home Affairs office memoranda No.15/21/48-Ests, dated the 29 th November 1948 and No. 6/1/51 -NGS, dated the 14 th February, 1951 or corresponding orders, if any, issued by the State Government in this regard, shall be allowed to add to his qualifying service, only for superannuation pension purpose, a period not exceeding one-forth of the length of his service or the actual period by which his age at the time of recruitment exceeds 25 years, a period of 5 years, whichever is the least.

45 · 8(9) The qualifying service shall be calculated in six monthly periods. A fraction of less than three months shall not be taken into account and any period between three months and six months shall be treated as six monthly period in calculating the total qualifying service.

46 · Note -A member of the service who was not entitled to receive the Government's share of the contribution in the Contributory Provident Fund in respect of any service rendered prior to his appointment to the Service, on the ground that he did not put in the minimum period of service under the rules of the said Fund, shall be deemed to have opted for counting that service as qualifying for pension under sub-rules (5) or (6) of this rule. But the Government's contribution to the Contributory Provident Fund, together with interest

42 · Substituted vide DP &AR Notification No. 13/4/71 -AIS(II) dated 11.1.72

43 · Substituted vide MHA Notification No.29/7/60 -AIS(II) dated 31.12.62.

44 · Inserted vide DP&AR Notification No. 25011/21/76 AIS(II) dt 21.4.77 (GSR No.579 st 21.4.77)

45 · Substituted vide DP&AR Notification No. 25011/9/83 -AIS(II) dt 14.9.83 (GSR No. 712 st 1.10.83)

46 · Added vide MHA Notification No.29/64/64 -AIS(II) dated 13.08.1965

47 · 8A [Omitted]

9 · Counting of periods of f leave as qualifying service.

48 · 9(1) All periods of leave with allowances and extraordinary leave granted on the basis of medical certificate shall count as qualifying service:

10 · Counting of period of deputation or leave outside India for purposes of qualifying service -

50 · 11(1) Time passed by a member of the Service under suspension unless, on conclusion of the disciplinary proceeding he has been fully exonerated or the suspension is held to be wholly unjustified:

47 · Substituted vide DP &AR Notification No. 25011/14/83 -AIS(II) dated 03.01.1983 (GSR No. 33 dt. 21.01.1984)

48 · Substituted vide DP &AR Notification No. 25011/22/82 -AIS(II) dated 16.7.83 (GSR No. 557 dated 30.7.83)

49 · Substituted vide DOP&T Notification No. 25011/06/2000 -AIS(II)(A) (G.S.R 385(E) dt 08.05.2003).

50 · Substituted vide DP&AR Notification No. 25011/22/82 -AIS(II) dt 16.7.83 (GSR No. 557 dt 30.7.83)

11 · (2) Leave other than leave which counts as qualifying service under rule 9.

12 · Condonation of Interruption in service.-

51 · 12(1) In the absence of a specific indication to the contrary in the service records of a member of the Service, an interruption between two spells of service, rendered by him after his appointment to the service shall be treated as automatically condoned and the pre-interruption service treated as qualifying service except in a case where interruption is caused by dismissal or removal from service.

13 · Invalid gratuity or pension:-

54 · 13(2A) Notwithstanding anything contained in sub rule (2), relief against rise in the cost of living index shall be granted to every such member

51 · Substituted vide DP&AR Notification No. 25011/22/82 -AIS(II) dt 16.7.83 (GSR No. 557 dt 30.7.83)

52 · Inserted wef 1.6.64 vide MHA Notification No. 29/11/65 -AIS(II) dt 5.2.66

53 · Omitted vide DOP&T Notification No. 29018/16/2013 -AIS(II) (GSR 492E dated 12/07/2013)

54 · Inserted wef 1.1.73 vide DP&AR Notification No. 33/20/73 –A –AIS(II) dt 31.5.75

14 · Restrictions on the grant of invalid gratuity or pension :-

55 · Substituted for 'Fifty Five Years' vide MHA Notification No. 29/47/61-AIS(II) dt 25.5.63

56 · Inserted wef 1.6.64 vide MHA Notification No. 29/11/65 -AIS(II) dt 5.2.66

15 · Retirement from service of a member of the service in certain cases and grant of leave —

16 · Superannuation gratuity or pension.-

57 · Substituted/Inserted vide DP&T Notification No. 25011/8/97 -AIS(II) dt 13.5.98(GSR No. 249E dt 13.5.98)

58 · Provided also that a Member of the Service holding the post of Chief Secretary to a State Government may be given extension of service for a period not exceeding six months on the recommendations made by the concerned State Government with full justification and in public interest, with the prior approval of the Central Government.

59 · Provided also that a Member of the Service holding the post of Chief Secretary to the Government of Jammu & Kashmir may be given extension of service, under exceptional circumstances, for a period beyond six months but the total term as Chief Secretary not exceeding three years and up to the age of sixty-two years, whichever is earlier, on the recommendations made by the State Government of Jammu & Kashmir, with full justification and in public interest, with the prior approval of the Central Government''.

60 · Provided also that a member of the Service who has attained the age of fifty-eight years on or before the first day of May, 1998 and is on extension in service, shall retire from the service on the expiry of his extended period of service or on the expiry of any further extension, granted by the Central Government in public interest, and that no such extension in service shall be granted beyond the age of sixty years.

61 · 16(1A) Notwithstanding anything contained in sub-rule (1), the Central Government may, if it considers necessary in the public interest to do so, give extension in service to the incumbents of the posts of the Cabinet Secretary, Defence Secretary, Home Secretary, Director, Intelligence Bureau, Secretary, Research and Analysis Wing and Director, Central Bureau of Investigation for such period as it may deem proper

63 · Provided also that notwithstanding anything contained in subrule(1A), the Central Government may, if it considers necessary in public interest to do so, give an extension in service for a further period, not exceeding three months, beyond the period of four years to the Cabinet Secretary''.

64 · Provided also that notwithstanding anything contained in subrule(1A), the Central Government may, if it considers necessary in public interest to do so, give an extension in service for a further period, not exceeding three months, beyond the period of two years to the Home Secretary and the Defence Secretary.

65 · 16(2) A member of the Service may, after giving at least three months' previous notice in writing, to the State Government concerned, retire from service on the date on which such member completes thirty years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice:

58 · Inserted vide notification No. 24012/22/2005 -AIS(II) dated 30/11/2005

59 · Inserted vide DoP&T Notification No. 24012/04/2018 -AIS(II) (G.S.R 457(E) dt 16.5.2018).

60 · Substituted vide DP&T Notification No. 25011/24/98 -AIS(II) dt 7.12.98 (GSR No. 719 dt 7.12.98)

61 · Substituted vide notification NO. 25011/4/2006 -AIS(II) dated 12/6/2007.

62 · Substituted vide DoP&T Notification No. 26014/03/2010 -AIS(II)(A) (G.S.R 612(E) dt 09.08.2011).

63 · Inserted vide DoP&T Notification No. 24012/03/2019 -AIS(II) (G.S.R 412(E) dt 07.6.2019).

64 · Inserted vide DoP&T Notification No. 26014/03/2010 -AIS(II)(A) (G.S.R 612(E) dt 09.08.2011).

65 · Substituted vide DP&AR Notification No. 28/8/72 -AIS(II) dt 30.9.72

67 · Provided further that the State Government concerned on a request made by the member of the service may, if satisfied and for reasons to be recorded in writing, relax the period of notice.

68 · 16(2A) A member of the service may, after giving three months' previous notice in writing to the State Government concerned, retire from service on the date on which he completes 20 years of qualifying service or any date thereafter to be specified in the notice:

70 · Provided also that a member of the Service borne on the Cadres of Assam -Meghalaya. Manipur-Tripura, Nagaland and Sikkim may retire from service on the date on which he/she completes 15 years of service.

71 · 16(2B) (a) The notice of voluntary retirement given in writing by the member of the service under sub -rule (2) and (2A), may be withdrawn by the member of service.

72 · 16(3) The Central Government may, in consultation with the State Government

66 · Substituted vide DP&AR Notification No. 25012/1/88 -AIS(II) dt 16.7.88 (GSR No. 567)

67 · Added vide notification No. 29018/11/2003 -AIS(II) dated 20/12/2004

68 · Inserted vide DP&AR Notification No. 25011/24/77 -AIS(II) dt 2.2.78 (GSR No. 253 st. 18.2.78)

69 · Substituted vide DP&T Notification No. 25012/1/88 -AIS(II) dt 1.7.88 (GSR No. 567 dt 16.7.88)

70 · Added vide notification No. 29018/11/2003 -AIS(II) dated 20/12/2004

71 · Inserted vide DoPT Notification No. 24012/04/2016 -AIS(II) (GSR No.170(E)dt 27.02.2017).

72 · Substituted vide DoPT Notification No. 25013/02/2005 -AIS(II) 31.01.2012

73 · Note 1: In computing the period of three month's notice referred to in sub-rules (2), (2A) and (3) the date of service of the notice and the date of its expiry shall be excluded.

74 · 16(4) A superannuation gratuity or pension shall be granted to a member of the Service who is required to retire under sub-rule (1) of this rule.

75 · 16 -A Acceptance of date of birth-

73 · Inserted vide DP&AR Notification No. 25011/6/80 -AIS(II) dt 26.4.80 (GSR 512 dt 10.5.80)

74 · Inserted vide MHA Notification No. 29/10/64 -AIS(II) dt 1.9.65

75 · Substituted vide DP&AR Notification No. 25011/7/77 -AIS(II) dt 7.7.78 (GSR No. 924 dt 22.7.78)

76 · 17. Retiring Pension and gratuity.-

77 · 17(2) Notwithstanding anything contained in sub-rule (1), relief against rise in the cost of living index shall be granted to every such member of the Service at such scale and in such manner as may be prescribed by the Central Government from time to time for officers of the Central Civil Services, Class I.

18 · Amount of Gratuity or Pension:

78 · (1) (a) In case a member of the Service retires from service in accordance with the provisions of these rules, before completing qualifying service of ten years gratuity shall be admissible at the rate of half month's pay of each completed six monthly period of qualifying service.

79 · (aa) The dearness allowance admissible on the date of retirement shall also be treated as emoluments for the purpose of sub rule (1)(a) of this rule;

80 · (b) In case a member of the service retires from service in accordance with the provisions of these rules, after completing qualifying service of not less than ten years, the amount of pension shall be calculated at fifty per cent of emoluments or average emoluments, whichever is more beneficial to him, subject to a minimum of three thousand and five hundred rupees per mensem and a maximum of forty-five thousand rupees per mensem.";

81 · 18(1-A) In addition to pension admissible in accordance with clause (b) of sub-rule (1),

76 · Substituted wef 30.8.65 vide MHA Notification No. 29/10/65 -AIS(II) dt 1.9.65

77 · Inserted/renumbered wef 1.5.73 vide DP&AR Notification No. 33/20/730AIS(III) dt 31.5.75(GSR No. 724 dt 14.6.75)

78 · Substituted vide DP&AR Notification No. 25011/14/79 -AIS(II) dt 1.9.79 (GSR No. 1151 dt 5.9.79) and again substituted vide DP&T Notification No. 25011/12/87 -AIS(II) dt 22.5.87 (GSR No. 522 E)

79 · Inserted vide DOP&T Notification No. 29018/16/2013 -AIS(II) (GSR 492E dated 12/07/2013)

80 · Inserted vide DOP&T Notification No. 29018/16/2013 -AIS(II) (GSR 492E dated 12/07/2013)

81 · Inserted vide DOP&T Notification No. 29018/16/2013 -AIS(II) (GSR 492E dated 12/07/2013)

18 · 2 An Indian Civil Service member of the Indian Administrative Service shall be entitled to receive an annuity of Rs.13,333.33;

82 · Provided that the amount of invalid pension shall not be less than the amount of family pension admissible under sub-rule (2)(iii) of rule 22 83 .

84 · Note: -A member of the service retired from service before the 1st day of January, 1986 shall be granted such additional relief in pension as may be sanctioned by the Central Government.

85 · 19. Retirement or Death gratuity-

82 · Inserted wef 31.12.72 vide Notification No. 33/12/73 – AIS(II) dt 24.1.75 read with No. 25011/29/75-AIS(II) dt 30.1.76.

83 · Substituted vide DOP&T Notification No. 29018/16/2013 -AIS(II) (GSR 492E dated 12/07/2013)

84 · Omitted/Inserted vide DP&T Notification No. 25011/12/87 –A –AIS(II) dt 22.5.87 (GSR No. 522 E)

85 · Substituted vide DOP&T Notification No. 29018/16/2013 -AIS(II) (GSR 492E dated 12/07/2013)

86 · The figures & words "13 or 16" substituted for the figures and words "13-16 or 17" vide MHA Notification No. 29/10/64 – AIS(II) dt 1.9.65

87 · Deleted vide MHA Notification No. 29/5/67 -AIS(II) dt 1.9.68

89 · (2A) If a member of the Service dies after retirement without receiving the gratuity admissible under these rules, the gratuity shall be disbursed to the family in the manner indicated in sub -rule(2).

90 · (3)(a)(i) A retirement gratuity equal to one fourth of the emoluments for each completed period of six months of service shall be paid to member of the service on his retirement from service who has completed five years' qualifying service, subject to a maximum of sixteen and half times of the emoluments:

88 · Substituted vide MHA Notification No. 29/7/60 -AIS(II) dt 30.11.62

89 · Inserted vide DP&AR Notification No. 25011/37/80 -AIS(II) dt 26.2.81 (GSR No. 276 dt 14.3.81)

90 · Substituted vide DP&T Notification No. 25011/14/84 -AIS(II) dt 31.5.85

91 · Substituted vide DOP&T Notification No. 29018/16/2013 -AIS(II) (GSR 492E dated 12/07/2013)

92 · Provided that the amount of retirement gratuity payable under this clause shall in no case exceed rupees ten lakhs

93 · [ ] Omitted

94 · 19A. Interest on delayed payment of Gratuity or Death-cum-Retirement Gratuity: 19A (1) If the payment of gratuity or death-cum-retirement gratuity has been authorised after three months from the date when its payment became due, and it is clearly established that the delay in payment was attributable to administrative lapses, 95 interest at the rate prescribed by the Central Government from time to time shall be paid on the amount of gratuity or death-cum-retirement gratuity in respect of the period beyond three months.

96 · 19 -B. Deposit Linked Insurance Scheme for members of the services-

92 · Substituted vide DOP&T Notification No. 29018/16/2013 -AIS(II) (GSR 492E dated 12/07/2013)

93 · Omitted vide DP&T Notification No. 25011/12/87 -AIS(II) dt 22.5.87

94 · Inserted vide DP&AR Notification No. 25011/22/82 -AIS(II) dt 16.7.83

95 · Substituted vide DP&T Notification No. 25011/14.84 -AIS(II) dt 31.5.85

96 · Substituted vide DP&T Notification No. 25011/37/80 -AIS(II) dt 26.2.81 (GSR No. 276 dt 14.3.81)

97 · Inserted vide DP&T Notification No. 25011/25/89 –

98 · Substituted/inserted vide Notification No.25011/37/80 -AIS(II) dated 26.02.1981 (GSR No.276 dt. 14.03.1981)

100 · 19BB Deposit-Link and Insurance Revised Scheme for members of the service On the death of a member of the service, the person entitled to receive the amount standing to the credit of the member in the provident fund under the All India Services (Provident Fund) Rules, 1955, shall be sanctioned an additional amount equal to the average balance in the said account during the 3 years immediately preceding the death of such member, subject to the fulfilment of the following conditions, namely:-

99 · Substituted/inserted vide Notification No.25011/37/80 -AIS(II) dated 26.02.1981 (GSR No.276 dt. 14.03.1981)

100 · Inserted vide DP&T Notification No.25011/25/89 -AIS(II) dated 02.07.1990

101 · Substituted vide DOP&T Notification No. 25011/06/2000 -AIS(II)(A) (G.S.R 385(E) dt 08.05.2003).

102 · Substituted vide DOP&T Notification No. 25011/06/2000 -AIS(II)(A) (G.S.R 385(E) dt 08.05.2003).

103 · Note 4. In a case of member who died before the 30Th day of May,2000 the rate of amount as specifying in condition (a) and (b), before the commencement of the All India Services(DCRB) Amendment Rules, 2003 shall be applicable.

19 · -C. Recovery and Adjustments of Government dues:-

20 · [ ]

21 · Nominations: -

103 · Inserted vide DOP&T Notification No. 25011/06/2000 -AIS(II)(A) (G.S.R 385(E) dt 08.05.2003).

104 · 22. Family Pension:-

104 · Substituted vide DOP&T Notification No. 29018/16/2013 -AIS(II) (GSR 492E dated 12/07/2013)

3 · The amount of family pension shall be fixed at monthly rates and be expressed in whole rupees and where the family pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee:

4 · In addition to family pension admissible in accordance with sub-rule (2), (3) and (5), after completion of eighty years of age or above, additional family pension shall be payable in the following manner : -

22 · -A. [ ] 105

22 · -B. [ ] 106

22 · -C. [ ] 107

23 · [ ] 108

24 · [ ] 109

110 · 26. Acceptance of employment after retirement.-

113 · Provided also that it shall be competent for the Central Government or the State Government, as the case may be, to allow the pensioner to continue in any commercial employment in an organisation with whom the services of the Members of the All India Services had been placed immediately before

105 · Substituted vide DOP&T Notification No. 29018/16/2013 -AIS(II) (GSR 492E dated 12/07/2013)

106 · Substituted vide DOP&T Notification No. 29018/16/2013 -AIS(II) (GSR 492E dated 12/07/2013)

107 · Substituted vide DOP&T Notification No. 29018/16/2013 -AIS(II) (GSR 492E dated 12/07/2013)

108 · Deleted vide MHA Notification No. 29/60 -AIS(II) dt 31.12.62

109 · Deleted vide MHA Notification No. 29/60 -AIS(II) dt 31.12.62

110 · Amended vide DP&T Notification No. 25011/12/82 -AIS(II) dated 16.7.83 (GSR No. 557 dt 30.7.83)

111 · Substituted vide notification no. 26013/2/2006AIS(II) dated 12/1/2007.

112 · substituted vide notification no. 26013/3/2006 -AIS(II), dated 12/1/2007.

113 · Inserted vide notification no. 23013/11/2005 -AIS(II), dated 8/3/2007.

114 · Provided also that a pensioner who has been permitted by the Central Government to take up a particular commercial employment during leave preparatory to retirement shall not be required to obtain subsequent permission for his continuance in such employment after retirement.

115 · Explanations:

114 · Substituted vide notification no. 29018/11/2003 -AIS(I) dated 20/12/2004

115 · Amended vide DP&T Notification No. 25011/12/82 -AIS(II) dated 16.7.83 (GSR No. 557 dt 30.7.83)

116 · (3) In granting or refusing permission under sub-rule (1) or sub rule (2) to a pensioner for taking up any employment, the Central Government or the State Government, as the case may be, shall have the following factors, namely:-

27 · Anticipatory Payments:-

116 · Substituted vide notification no. 26013/3/2006 -AIS(II), dated 12/1/2007

117 · 27 -A Revision of Pension after authorisation -

28 · Miscellaneous: -

117 · Inserted vide DP&T Notification No. 25011/24/97 -AIS(II)A dt 19.12.97 (GSR No. 717E dt 9.12.97)

29 · Interpretation:- If any question arises as to the interpretation of these rules, the Central Government shall decide the same.

30 · Repeal:- All rules corresponding to these rules in force immediately before the commencement of these rules are hereby repealed.

118 · Omitted vide DP&AR Notification No. 25011/13/80 -AIS(II) dt 11.9.80 (GSR No. 978 dt 27.9.80)

119 · Substituted vide DP&AR Notification No. 25011/7/82 -AIS(II) dt 24.3.83 (GSR No. 293 dt 9.4.83)

120 · SCHEDULE A -[Deleted.]

121 · SCHEDULE B [ " ]

120 · Deleted vide DP&AR Notification No. 25011/14/79 -AIS(II) dt 1.9.79 wef 31.3.79 (GSR No. 151 dt 15.9.79)

121 · Deleted wef 31.12.72 vide DP&AR Notification No. 33/12/73 -AIS(II) dt 24.1.75 read with No. 25011/29/75 dated 30.1.76

122 · SCHEDULE D

123 · SCHEDULE E

122 · Substituted vide MHA Notification No. 29/7/60 -AIS(II) dt 31.12.62

123 · Substituted vide MHA Notification No. 29/7/60 -AIS(II) dt 31.12.62

124 · SCHEDULE F

124 · Substituted vide MHA Notification No. 29/7/60 -AIS(II) dt 31.12.62

1 · .........................

2 · .........................

125 · SCHEDULE G

1 · ....................

2 · .......

125 · Substituted vide MHA Notification No. 29/7/60 -AIS(II) dt 31.12.62

126 · SCHEDULE H

1 · .................

2 · .................

126 · Substituted vide MHA Notification No. 29/7/60 -AIS(II) dt 31.12.62

127 · The words may be omitted where inapplicable

1 · ..............

2 · ..............

128 · SCHEDULE J

128 · Inserted vide DP&AR Notificatiion No. 25011/7/82 -AIS(II) dt 24.3.83

129 · The words may be omitted where inapplicable

134 · " Schedule L"

1 · Name

130 · Substituted wef 30.8.65 vide Notification No. 29/10/64 -AIS(II) dt 1.9.65

131 · Substituted vide MHA Notification No. 29/47/60 -AIS(II) dt 20.1.68.

132 · [ ] added vide Notification No. 29/50/64-AIS(II) dt 19.6.65

133 · Substituted /inserted/modified vide Notification No. 25011/7/82 -AIS(II) dt 24.3.83

134 · Substituted vide notification no. 26013/3/2006 -AIS(II), dated 12/1/2007

1 · The moS has the option to draw death-cum-retirement gratuity under the liberalised pension rules or under the old rules applicable to officers of the Central Services Class I: -The Government of India decided to give option to certain categories of officers to elect the old Rules by which they were governed previously of the pension rules as applicable to officers of the Central Services Class I. The following categories of officers were accordingly given the option indicated against them. The option was to be exercised in writing and communicated to the Accounts Officer within the stipulated time-limit. The option once exercised was final.

2 · The Government of India have decided that, where death-cum-retirement gratuity has been drawn under the Liberalised Pension Rules by an officer who subsequently opted to be governed by the Old Pension Rules, the gratuity amount shall first be offset against any arrears of pension that may become due to him consequent on opting for Old Pension Rules. The remaining amount if any, may be recovered in one of the following methods. The officer concerned may also be given the option to elect for one of these two methods:-

2 · 2. Individual cases of hardship may, however, be referred to the Government of India as and when they arise.

3 · Provisions of these rules are extended to the moS who retired/died before 29th November, 1951, but elected to be governed under these rules: It has been decided to extend these rules to officers who retired/died before the 29th October, 1951, but elected or are deemed to have elected these rules under the option given to them. It has also been decided that, in appropriate cases, provisions of article 487-A of the Civil Service Regulations may be applied, although these rules do not contain a similar provision.

4 · . IPS officers can retire under the Premature Retirement Rules: -A question arose whether Indian Police Officers who elect to be governed by the All India Services (Deathcum-Retirement Benefits) Rules, 1958, had the right to retire under Premature Retirement Rules. Rule 30 of the All India Services (Death-cum-Retirement Benefits) Rules, 1958, has replaced only the corresponding provisions in the Superior Civil Service Rules, the Civil Services Regulations etc. and not the Premature Retirement Rules. The above category of Indian Police Officers shall therefore, retain the right to retire under the Premature Retirement Rules. In case of retirement under Premature Retirement Rules the pension shall, however, be determined under those Rules, and not under the All India Services (Death-cum-Retirement Benefits) Rules, 1958.

1 · The State Government can issue a certificate with referent to a cadre post only. Additional charge allowed may be treated as pay for the purpose of calculation of pension: -

1 · 1 Note (iii-b) below clause (aa) of rule 2(1) provides that in the case of a member of the Service, who was deputed to any foreign service during the last 10 months of his service, the pay should be reckoned with reference to his entitlement in the cadre. For this purpose a certificate given by the State Government would be sufficient. A question has been raised whether the State Government can issue such a certificate

1 · 2 It has been decided that the additional charge allowance granted to a member of the All India Service under rule 9B of the IAS(Pay) Rules or the corresponding rules applicable to the IPS and IFS should be treated as pay for the purpose of calculation of pension. [DP & AR letter No. 25011/56/77-AIS (II), dt. 16.2.78.]

2 · 2 The question of extending the above order to members of All India Services, who retired on or after 30th September, 1977 has been considered. It has been decided that out of the dearness allowance admissible, the following amounts shall be treated as pay under sub-clause (iii) of clause (g) of sub-rule (1) of rule 2 of AIS (DCRB) Rules, 1958, in the case of members of All India Services, who retired on or after the 30th September, 977:-

2 · 3 In the case of officers who have already retired on or after 30.9.1977/1.12.1978 but within 10 months of those dates, the average emoluments will be calculated as follows:

2 · 4 Pension and gratuities of officers who have already retired or died on or after the 30th September, 1977 shall be recalculated on the above basis, and arrears, if any, paid subject to such adjustments as may be necessary. Officer who retired on or after the 30th September, 1977, but not later than the 30th April, 1979, will have an option to choose either of the two alternatives below:-

2 · 5 The option will have to be exercised by 31.1.1980. The option once exercised will be final. In cases where the pensioner has died before exercising an option, the State Government/Accountant General will, on an application made to them, calculate the pension and death-cum-retirement gratuity on the existing basis as well as on the basis of merged portion of dearness allowance, and allow the more advantageous of the two to the persons entitled to receive the arrears of pension. Those who fail to exercise the option or make an application (in the case of death of a pensioner) within the stipulated period will be governed by para 2.4(b) above.

2 · 6 Where the option is exercised in favour of the alternative (b) in para 2.4 above, the amount of graded relief paid in excess of that now admissible will be adjusted against the balance of D.C.R. gratuity payable or against the future payments of reduced amount of graded relief.

2 · 7 These orders may be brought to the notice of all All India Services officers, who retired on or after the 30th September, 1977.

2 · 8 These orders are issued with concurrence of Ministry of Finance (Department of Expenditure) vide their UO No. 4562-EV/79, dated 11.7.1979.

3 · Orders of the Ministry of Finance treating a portion of additional dearness allowance as dearness pay in the case of Central Government servants is extended to the members of the AIS: -The question of extending the orders contained in the Ministry of Finance O.M. No. F. 1(3)-E.V./82, dated 8.4.1982 to members of the All India Services who retired on or after 31.1.1982 has been considered and it has been decided that the orders of the Ministry of Finance treating a portion of additional dearness allowance as dearness pay in the case of Central Government servants should also be extended to the members of the All India Services. Accordingly, it has been decided that out of the additional dearness allowance now admissible, the following amount shall be treated as pay under sub-clause (iii) of clause (g) of sub-rule (1) of rule 2 of A.I.S. (DCRB) Rules, 1958 in the case of members of the Service who retired/retire on or after 31.1.1982.

2 · Pay range Amount of Dearness Pay

3 · The amount of dearness pay as indicated in para 2 above, will be treated as emoluments under clause (bb)(ii) of sub-rule (1) of rule 2 ibid for calculating pension and gratuity. It is proposed to revise the ceiling of DCR gratuity from Rs. 30,000 to Rs. 36,000 by suitable amending rule 19(3) ibid. However, there will be no change in the maximum emoluments of Rs. 2500/ -p.m. that could be taken into account for computing DCR gratuity as envisaged in the note below rule 19 ibid.

4 · The amount of dearness pay as indicated in para 3.2 above will be taken into account for determining average emoulments as envisaged in sub-rule (1) (aa) of rule 2 ibid for calculating pension except as indicated in para 3.5 below.

5 · In the case of officers who have already retired on or after 31.1.1982 or may retire hereafter, but within ten months from that date, the ultimate average emoluments will be calculated as follows:

6 · Officers who retired/retire on or after 31st January, 1982 will have an option to choose either of the two alternatives below: -

7 · The option may be exercised within six months beforeretirement. Officers who have retired on or after 31.1.1982 but before the issue of these orders, may exercise their option within six months from the date of issue of this order. The option once exercised shall be final. Those who fail to exercise the option within the stipulated period will be deemed to be governed by para 6(b) above. If a pensioner has died before exercising the option, the State Government / Accountant General shall calculate the pension and gratuity under both the options in para 6 above, and sanction the more advantageous of the two.

8 · Where the option is exercised in favour of the alternative (b) in para 6 above, the amount of dearness relief in pension paid in excess of that now admissible will be adjusted against the balance of DCR gratuity payable or against the future payments of reduced amount of dearness relief.

9 · These orders may be brought to the notice of all members of the service who retired/retire on or after 31.1.82.

10 · These orders are issued with the concurrence of the Ministry of Finance (Department of Expenditure) vide their U.O. 1664-EV/82, dated 17.5.1982.

4 · A moS on Central Deputation, who takes leave and retires at the end of leave, it may be deemed that he would have continued to officiate in the post in the Central Government before leave, but proceeding on such leave and accordingly his average emoluments should be determined for the purpose of calculation of retirement benefits: -A cases has arisen in which orders were issued by the Central Government reverting a member of an All India Service on deputation to the Central Government to his parent cadre, but instead of joining duty under the State Government the member of the Service gave three months notice to the State Government under sub-rule (2) of rule 16 of the All India Services (DCRB) Rules, 1958 and applied to the Central Government for grant of leave co -terminus with the period of notice. This leave was granted by the Central Government and the officer proceeded on leave preparatory to retirement and retired from service on the expiry of the leave. A question was raised as to the emoluments for this leave

2 · The matter has been carefully examined in consultation with the Ministry of Law, (Deptt. of Legal Affairs). The emoluments for the leave period in this case which should be taken into account for the purpose of computing the average emoluments of the last 10 months of the service should be determined in the manner laid down in Note 1 below rule 2(1)(aa) ibid In the present case though the Central Government had passed orders reverting the officer to his parent cadre, yet he did not assume charge of any post under the State Government and instead proceeded on leave preparatory to retirement sanctioned by the Central Government. Therefore, for the purpose of the above note, the emoluments for the leave period should be taken as what they would have been had he not been absent from duty from the post he was holding under the Central Government before the proceeded on such leave.

3 · The aforesaid Note 1 below rule 2(1)(aa) ibid provides a self-regulating procedure to determine the emoluments in such cases and does not call for the issue of the certificate either by the Central Government or by the State Government as to the emoluments which should be taken into account for computing the average emoluments in the circumstances mentioned in that Note. Keeping in view the position explained above, it has been decided that in the case of a member of an All India Services on deputation of the Central Government who takes leave in continuation of the deputation and retires at the end of the leave, it may be deemed that he would have continued to officiate in the post under the Central Government which he was holding immediately before proceeding on leave but for proceeding on such leave and accordingly his average emoluments should be determined for the purpose of calculation of retirement benefits.

5 · Counting of stagnation increment for calculation of pension and other retirement benefits: -According to the provisions of Rule 33 of the Central Civil Services(Pension) Rules, 1972, as amended from 1.1.86, the expression "Emoluments" means only the pay as defined in Rule 9(21)(a)(i) of the Fundamental Rules which a Government servant was receiving immediately before his retirement or on the date of his death. The question whether the ad hoc increments sanctioned to the Central Government employee on stagnating at the maximum of their scale of pay can be treated as emoluments for purposes of the pension has been under the consideration of Government for some time past, in consultation with the staff side of the National Council(JCM). It has now been decided that stagnation increment shall be treated as emolument and shall be taken into account for calculation of pension and other retirement benefits.

2 · These orders take effect from 1.1.1986 i.e. they apply to those who retire on or after 1.1.1986. Formal amendments to the Central Civil Service(Pension) Rules, 1972 are being issued separately.

3 · In so far as the persons serving in the Indian Audit and Accounts Department are concerned, this order issues after consultation with the Comptroller and Auditor General of India.

6 · Deemed retirement of members of the All India Services on appointment to the post of Central Vigilance Commissioner and other Vigilance Commissioners in the Central Vigilance Commission:-I am directed to state that this Department has issued a Resolution No.371/20/99 -AVD -III dated 13 th August, 2002, making specific provision about the filling up of the posts of Central Vigilance Commissioner and other Vigilance Commissioners as also spelling out service conditions of the aforesaid Central Vigilance Commissioner and other Vigilance Commissioners. According to para 1.8 of the said resolution, it has been provided that the salary and allowances payable to and the other conditions of service of:-

2 · The Government of India decision below Rule 5 of the AIS(DCRB) Rules, 1958 lays down that a member of an All India Service, on his appointment as Chairman or Member of a Public Service Commission shall cease to be a member of the service from the date he assumes office in the Public Service Commission. His lien on the post held by him or in the cadre shall stand terminated. He shall also cease to be governed by the rules framed under the All India Services Act, 1951, in the matter of pay, leave and pension etc. which will be regulated in accordance with the regulations framed by the President/Governor, as the case may be, in terms of Article 318 of the Constitution of India.

3 · In view of the position mentioned in para 1 above that the service conditions of the Central Vigilance Commissioner and other Vigilance Commissioners shall be the same as those of the Chairman of the Union Public Service Commission and those of the other Vigilance Commissioners shall be the same as that of a member of the Union Public Service Commission, it has been decided to make the Government of India decision quoted above applicable to the post of Central Vigilance Commissioner and other Vigilance Commissioners in the Central Vigilance Commission.

1 · Clarification on service benefits accrued to a moS appointed as a Member or Chairman of the Public Service Commission: -In the case of P.K. Gnanasundara Mudaliar Vs. State of Madras, the Madras High Court has held that when a Government servant is appointed as a Member or Chairman of the Public Service Commission, he ceases thenceforth to be in the service of the Government. The Government of India have accordingly reviewed the position in the light of the judgement under reference, and in supersession of their letter No.15/6/63-AIS(II), dated the 4 th October, 1965 have decided that an officer of an All India Service on his appointment as Chairman or Member of Public Service Commission shall cease to be a member of the service from the date he assumes office in the Public Service Commission. His lien on the post held by him or in the cadre shall stand terminated. He shall also cease to be governed by the Rules framed under the All India Services Act in the matter of pay, leave and pension, etc, which will be regulated in accordance with the regulations framed by the President/Governor, as the case may be, in terms of Article 318 of the Constitution.

1 · State Government may follow the instructions contained in the Ministry of Finance O.M., dated 28th February, 1978 while granting provisional pension to All India Services Officers against whom departmental/judicial proceedings are instituted/ continued: -The Ministry of Finance (Department of Expenditure) have issued orders in the case of Central Government servants to the effect that retired Central Government servants against whom departmental/judicial proceedings are pending under rule 65 and 74 of the C.C.S. (Pension) Rules, 1972 shall be sanctioned 100 per cent of the pension normally admissible to them as provisional pension vide their O.M. No. 4(1)-E. (V) (A)/78, dated the 28th February, 1978, copy (annexed).

1 · 2 Under sub -rule (2) of rule 6 of AIS (DCRB) Rules 1958, the State Government is competent to sanction provisional pension to an all India Service Officer against whom departmental/judicial proceedings under sub-rule (1) of this rule, are such proceedings are instituted/continued by the Central Government, the Central Government is the competent authority to sanction provisional pension. The State Government may like to follow the instructions contained in the Ministry of Finance O.M., dated 28th February, 1978 referred to above while granting provisional pension to All India Services Officers against whom departmental/judicial proceedings are instituted/continued by them. It has been decided that the instructions contained in the said O.M. will be applied while dealing with the cases of All India Service Officers against whom departmental/judicial proceedings are initiated/continued by the Central Government.

65 · and 74 ibid interralia provide that the provisional pension in such cases should not exceed the maximum pension which would have been admissible on the basis of the qualifying service upto the date of retirement of the Government servant.

1 · UPSC should be consulted before any order under rule 7 is passed: -The Government of India have decided that where, under rule 7, it is proposed to pass an order original, appellate or in exercise of powers of review, granting a pension less than the appropriate scales indicated in rule 18, the Union Public Service Commission should be consulted before the order is passed

1 · rates of pension contributions in respect of AIS officers on foreign service will be regulated under the procedure laid down in FR and SR: - The Government of India have decided that the rates of pension contributions, in respect of office of the All India Services on foreign service in or out of India, shall be the same as those applicable to officers of the Central Services. Class I, viz., the rates which are laid down in Appendix 11-A in Volume -II of the A.G.P &T's Compilation of the Fundamental and Supplementary Rules.

2 · It has been decided to extend the period within which option under sub-rules (5) and (6) should be exercised, upto 31 st October, 1963.

3 · The service rendered by a moS in the Ministry of Defence on contract basis will be regulated by the revised sub-rule 2(A)(a) of rule 8: - A member of the Service, prior to his joining the Service was serving in the Ministry of Defence on contract basis, according to the terms of which he was entitled to bonus. It was decided in his case that his previous service might be treated as temporary contract service, although he was not entitled, to any contributory provident fund benefits for the same and counted as qualifying service to the extent of half under sub -rules (2) and (5) subject to his refunding to Government the bonus that he had drawn together with interest thereon from the date of payment to the date of final refund. The position has since been modified to the extent indicated in the revised sub -rule (2A) (a) of rule 8.

4 · Deficiencies in qualifying service cannot be condoned: - These rules do not contain any provision corresponding to article 423 of the Civil Service of Regulations. Deficiencies in qualifying service of members of the Service cannot, therefore, be condoned.

5 · Instructions on counting of war service rendered in conjunction with other military service: -The Government of India have decided that members of the Service, who were appointed against vacancies which arose after the 31 st December, 1947 shall be allowed to count the war service rendered by conjunction with other military service towards civil pension to the extent of one-half. It however, the whole or any portion of such service satisfies the conditions laid down in Article 356 of the Civil Service Regulations, that portion of the service may be allowed to count in full towards civil pension subject to the provisions of that article. The grant of concession is also subject to following conditions namely:-

2 · The Government of India have also decided that in case where an officer is entitled in respect of the "War Service" rendered between 3 rd September, 1939, and 1 st April, 1946, to the concession on under Article 357C or Article 357D of the Civil Service Regulations, he may either avail himself of the concession under paragraph 1 above in respect of the whole of his military service, including `War Service' or count the service rendered during the war period for civil pension under Article 357C or Article 357D as the case may be, and the remaining service rendered before or after the war period to the extent of one-half of that

6 · Sub -rule (4) will apply to State Service Officers appointed to the Service against the promotion quota: - A question arose whether sub-rule (3) and (4) would apply to State Service officers appointed to the Service against the promotion quota and whether proviso to sub -rule (2) could not be relaxed in the case of war service in view of the fact that there was generally break between was service and subsequent civil service. Sub-rule (3) would apply only in those cases where the officer have been appointed against was reserved vacancies which arose for direct recruitment before 1st January, 1948. It would not therefore apply to State Service officers appointed to the Service against the promotion quota. War Service in their cases is to be regulated in accordance with sub-rule (4) read with Government of India's Decision (5) above.

7 · Previous pensionable service rendered in the State Government by the moS will count for qualifying service: - A question arose whether the previous qualifying service of Uttar Pradesh State Services Officers, who were promoted to the Indian Administrative Services, should be regulated by sub-rule (2) or sub-rule (6), in view of the fact that they held pensionable posts under the State Government carrying Contributory Provident Fund Benefits. It was decided in the case that their previous pensionable service automatically counted as qualifying service invoke the provisions of sub-rule (6).

8 · Service Breaks within the State Service can be condoned by the State Government if permissible under the State Rule: -These rules do not contain a provision for condonation of breaks, within State Service. Further, sub-rule (2) provides that previous service shall count as qualifying service under these rules provided the service is otherwise continuous. A question was, therefore, raised whether the State Government were competent to condone breaks within State Service of member prior to his appointment to the Indian Administrative/Police Service. The continuity referred to in sub-rule (2) is referred not continuity within State Service but continuity between State Service and the Indian Administrative/Police Service. Breaks within State Service, to which the rules do not apply, can, therefore, be condoned, provided State Pension Rules permit condonation of such breaks.

9 · INA Service recognised by the Ministry of Defence shall be counted as qualifying service for pension and gratuity: - The I.N.A. Service, which has been recognised by the Ministry of Defence for the purpose of pension and gratuity shall be treated as Military Service/War Service and shall count as qualifying service to the extent and subject to the conditions stipulated in sub-rule (4).

10 · Service of a Civilian Officer paid from the Defence Estimates and declared as war service will be regulated under sub-rule (4) for qualifying service: A doubt wars raised whether only the enlisted or commissioned war service rendered in military capacity could be regulated under sub-rule (4).

2 · Sub -rule (4) does not make any distinction between the war service in military capacity and civil capacity. In view of this, the Government of India have decided that even the service of a civilian officer paid from Defence Estimates, which has been declared as `war service' in certain circumstances should be regulated under sub-rule (4).

11 · Previous service rendered by the moS before appointment to AIS shall be treated according to Central or State Rules, as the case may be, for determination of qualifying service: -Under sub-rule (2), the service rendered by an officer under the Central or a State Government shall count as qualifying service for the purposes of pension etc. to the extent admissible under the rules applicable to him prior to his appointment to the Indian Administrative/Police Service as they stand on the date of his retirement from the Service. In other words, the service by him prior to his appointment in the Indian Administrative/Police Service shall be treated according to the Pension Rules of the Central or the State Government, as the case may be which were applicable to him prior to such appointment and as applicable to him prior to such appointment and as are in force at the time when he retires from service.

12 · Sub -rule (2) is also applicable in case of an officer holds a post on temporary capacity or on probation, before joining to the AIS: The Government of India have held that the proviso to sub-rule (2) of rule 8 applies also to a case where an AIS officer before his appointment to the Service, had held one or more posts in a temporary capacity including service as a probationer (without being confirmed in any of them) followed by his appointment to the IAS/IPS and eventual confirmation in it. This is subject to the other conditions laid down in the said proviso.

13 · Services in the Civil Defence Department during World War-II would be treated as 'war service' for the purpose of qualifying service: - The Government of India have held that `War Service' candidates are persons who had rendered during the World War II satisfactory paid whole time enlisted or Commissioned "War Service" between the 3 rd September, 1939 and the 1 st April, 1946 by itself or in conjunction with other military service in the Armed Forces of India or similar forces of a Commonwealth country which did not earn a service pension under the military, Naval or Air Force Rules. Service in the Civil Defence Department during World War II has also been treated as "War Service" vide Ministry of Finance OM No. F.3(8)-EVA/62, dated the 18 th May, 1962.

14 · Previous service rendered by the moS before appointment to AIS shall be treated according to Central or State Rules, as the case may be, for determination of qualifying service: - The Government of India held that under the sub-rule (2) of rule 8, the service rendered by an officer under the Central or State Government shall count as qualifying service for purposes of pension etc., to the extent admissible under the rules applicable to him prior to his appointment to the Indian Administrative Service/Indian Police Service. In other words, the services rendered by him prior to his appointment to the IAS/IPS shall be treated according to the Pension Rules of the Central or the State Government concerned, as the case may be, which were applicable to him prior to such appointment and as are in force at the time when he retires from service.

15 · The Government of India have decided that the orders contained in the Ministry of Finance O.M. No. F. 3(29)-EV(A)/64, dated the 3 rd June, 1965 (Annexure A) will apply to the All India Services officers governed by the AIS (DCRB) Rules, 1958 by virtue of rule 8(4).

16 · It has been decided that the temporary or officiating service including service as a probationer mentioned in the Government of India Decision No. 12 below Rule 8 refers not only to service under the State Government but also to service under the Central Government.

17 · Procedure for verifying the service rendered by a moS on completion of 20 years of service: -In partial modification of the instructions contained in Department of Personnel & AR letters No. 25011/48/78 -AIS(II), dated the 6 th November, 1978 and 26 th April, 1979 it has been decided to lay down the procedure for verifying the service rendered by a member of an All India Service on completion of 20 years of service:-

18 · State Governments are competent to determine the past service rendered by the moS under them before joining AIS: According to the provisions contained in sub-rule (2) to (6) of Rule 8 of the All India Services (DCRB) Rules, 1958, service rendered by a member of an All India Service before his appointment to the service under the Central Government or a State Government will count as qualifying service for pension subject to the fulfilment of the conditions laid down therein. Requests have been received from a few members of the Indian Administration Service for counting the service rendered by them under the Central Government and/or a State Government before their appointment to the IAS as qualifying service for pension. Under rule 8 ibid Approval of the Central Government is not necessary for counting the previous service rendered by a member of the service as qualifying service for pension, provided the conditions laid down therein are satisfied. In such cases the Government of the State on whose cadre the officer is brone/the Accountant General concerned, will have to take necessary action in consultation with the Central Ministry/Department or the State Government concerned, if the officer had worked under the Central Government or another State Government, as the case may be, before joining the All India Services, to count such service as qualifying service for pension under rule 8 ibid. The State Governments were, requested that in future requests made by members of All India Services for counting the previous service rendered by them as qualifying service under rule 8 ibid need not be forwarded to the Central Government; the State Governments themselves may process such cases in consultation with the authorities concerned and issue necessary orders . If

20 · Ministry of Railways may be referred in case of previous service rendered by the moS under them and will be counted for qualifying service if that Ministry certifies, in case of doubts, it should be referred to the respective Cadre Controlling authorities of the Central Government: -Requests from members of Indian Administrative Service for counting the service rendered by them under the Ministry of Railways before their appointment to the Indian Administrative Service as qualifying service for pension were hitherto being processed in this Department. Recently when such a case was referred to the Ministry of Railways(Railway Board) for verifying the service rendered by the officer in the Railways, that Ministry advised that particulars of service rendered by a Railway Service Probationer, who is subsequently appointed to an All India Service, might be got verified from the Railway concerned direct by the State Government. Such Service with the Railways could be counted as qualifying service for Pension without consulting the Ministry of Railways (Railway Board). In view of this, it is requested that in future, there quests made by All India Service officers for counting the service rendered by them in the Railways before their appointment to the All India Services as qualifying service for pension need not be referred to the Central Government. In such cases, the State Government may request the Railway concerned to verify the service rendered by the officer in the Railways and if the Railway certifies that the service rendered by the officer under it would have counted as qualifying service for pension under the Railway Service Rules applicable to him prior to his appointment to the All India Services, such service may be reckoned as qualifying service for pension under rule 8(2) ibid provided there is no break in his service. In case there is a break in his Railway service or if there is any doubt whether or not a particular spell of service will qualify for pension, then a reference may be made to this Department in the case of members of the Indian Administrative Service, Police Division of the Ministry of Home Affairs in the case of members of the Indian Police Service and Department of Agriculture in the case of members of the Indian Forest Service.

23 · Instruction of the Ministry of Finance in O.M. No. 8(5)-E III2/79, dated the 8 th April, 198 will also apply to members of the Services sent on deputation to U.N. Bodies and the Commonwealth Secretariat: -In continuation of the Department of Personnel and A.R. letter No. 25011/4/75 -AIS(II), dated the 26 th September, 1975 reproduced as Government of India Decision No. 22 below Rule 8 of the All India Services (Death-cum-Retirement Benefits Rules, 1958). It has been decided, in consultation with the Ministry of Finance (Deptt. of Expenditure), that the decision contained in their O.M. No. 8(5)-E III2/79, dated the 8 th April, 1981(reproduced below) will also apply to members of All India Services sent on deputation to U.N. Bodies and the Commonwealth Secretariat.

1 · The undersigned is directed to invite a reference to this Ministry's O.M. No. F.1(16)-E. III(B)/66, dated the 5 th November,1966 on the subject mentioned above and to state that the question of allowing interest on the amount of retirement benefits received in lump sum and deposited with the Government of India by the officers deputed on foreign service with U.N. Organisations has been under consideration for some time on receipt of a number of representations in this regard. The President is now pleased to decide that interest may be paid, as for deposits under G.P.S. Accounts, in respect of such amounts including the amounts, which were deposited by the Government

2 · In so far as the persons serving in the India Audit and Accounts Department are concerned, these orders are issued after consultation with the comptroller and Auditor General of India.

24 · The instruction of the Ministry of Finance for regulation of the period of less than 5 years spent in foreign service for the purpose of pension will be applicable to the members of the Services: -The manner in which the period of foreign service of members of All India Services with International organisations like U.N.Secretariat, etc. Or Commonwealth Secretariat, for a period of less than five years, should be regulated for the purpose of pension, has been under the consideration of the Central Government. It has been decided that the orders contained in the Ministry of Finance OM No.1(4)-E. III(B)/76, dated the 20 th November, 1976 should apply to the members of All India Services also.

1 · The undersigned is directed to invite a reference to this Ministry's Office Memorandum No. F. 1(16)-E.III(B)/66 (Part II) dated the 4 th June, 1971 on the subject mentioned above. Under this Office Memorandum, officers of the Central Services deputed to foreign service with International Organisations like the United Nations, Secretariat, Food and Agriculture Organisation, International Labour Organisation, etc., on a tenure of one year or more shall be allowed to join the United Nations Joint Staff Pension Fund as full members and the payment of retirement benefits accruing under the Regulations and Rules of the United Nations Joint Staff pension Fund will continue to be regulated by the conditions laid down in this Ministry's Office Memorandum No. F. 1(16)-E. III(B)/66 dated the 5 th November, 1966 (copy enclosed).

2 · Under Article 29 of the Regulations and Rules of the United Nations Joint Staff Pension Fund, retirement benefits shall be payable to a participant whose age on separation is 60 years or more and whose contributory service was five years or longer. Under Article 30 of the said Regulations and Rules, an earlier retirement benefits shall also be payable to a participant whose age on separation is at least 55 but less than 60 years and whose contributory service was five years or longer. Under Article 31 ibid a deferred retirement benefits shall be payable to a participant whose age on separation is less than 60 years and whose contributory service was five years or longer. It will be observed from the aforesaid provisions that a contributory service of five years or longer is a sine qua non for eligibility for retirement benefits under the aforesaid Regulations and Rules. Accordingly, Rule 31 of the Central Civil Service (Pension) Rules, 1972 as amended by the C.C.S. (Pension) (Sixth Amendment) Rules, 1975 provides that a Government servant deputed on foreign service for a period of five year or more to the United Nations Secretariat or other United Nations Bodies, the International Monetary Fund, the International Bank of Reconstruction and Development or the Commonwealth Secretariat may, at his option pay the pension contribution in respect of his foreign service and count such service as qualifying for pension under the CCS (Pension) Rules, 1972 or avail of the retirement benefits admissible under the rules of the aforesaid Organisations, and not count such services as qualifying for pension under the CCS(Pensions) Rules, 1972. If the Government Servant opts to avail of the retirement benefits under the rules of the aforesaid Organisations, the retirement benefits shall be payable to him in India in rupees in accordance with the provisions of this Ministry's Office Memorandum No. F. 1(16)-E. III(B)/66 dated the 5 th November, 1966.

3 · The question of regulating the cases of Government servants deputed on foreign service to the Organisations mentioned in the preceding paragraph for one year or more but less than five years has been considered in this Ministry in the light of the provisions of Article 32 of the Regulations and Rules of the United Nations Joint Staff Pension Fund under which a withdrawal settlement would be admissible to a participant whose age on separation in less than 60 years or if he is 60 or more on separation but is not entitled to a retirement benefits under Article 29, 30 and 31 referred to in para 2 above. This withdrawal settlement consists of his own contributions if the contributory service of the participants was less than five years. The President is pleased to decide, in partial modification of this Ministry's Office Memorandum No. F. 1(16)-E. III(B)/66 (Part II) dated the 14 th June, 1971 that a Government servant who is deputed on a foreign service for a period of one year or more but less than five years to the United Nations Secretariat or other United Nations Bodies, the International Monetary Fund, the International Bank for Reconstruction and Development, the Asian Development Bank or the Commonwealth Secretariat and who will not be entitled to retirement benefits under the Regulations and Rules of the aforesaid Organisations, will pay pension contributions monthly to the Government of India at the rates prescribed from time to time by the President under F.R. 116. On conclusion of foreign service, he may be allowed to receive from the foreign employer withdrawal benefits as may be admissible under their Rules.

4 · While what has been stated in para 3 above would apply to officers who are entitled to only "withdrawal" benefits (as opposed to full retirement benefits) those who would be entitled to full retirement benefits under the Rules and Regulations of these organisations would be governed by Rule 31 of the CCS(Pension) Rules, 1972. In case they opt for availing of the retirement benefits admissible under the Rules and Regulations of the International Organisations (in which case their service in that organisation will not qualify for pension under Government) the payment of the retirement benefits in case they return to Government service will be governed by the orders of 5.11.1986. Pension contributions, if any, made to Government of India by officer, will be refunded to him.

5 · These orders will also apply to officers who are already on deputation to the aforesaid Organisations. They will, however, have the option of paying pension contributions to Government to count the period of foreign service for the purposes of pension or to continue on their existing terms under which they are not required to pay pension contributions. The officers would be required to exercise options within three months from the date of issue of these orders and those who opt to pay pensions contribution for the past period can be allowed to pay pension contribution for the said period in monthly instalments not exceeding 12 along with contribution for the current period.

6 · In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued after consultation with the Comptroller and Auditor General of India.

1 · According to the Ministry of Home Affairs' Office Memorandum No. 2/52/53-AIS(I), dated the 24 th August, 1953, read with this Ministry's Office Memorandum No. 1(47)-E.IV(A)/60, dated the 18 th October 1960, officers of All India Services and Central Services deputed on foreign service to International Organisations like the United Nations Secretariat/Food and Agriculture Organsiation/International Labour Organisation, etc., are eligible to join the United Nations Joint Staff Pension Fund only as Associate Participants where the period of foreign service is one year or more but less than five years.

2 · Officers of Central Services deputed on foreign service to United Nations Secretariat and other United Nations Bodies shall be allowed to join the United Nations Joint Staff Pension Fund as full members. During the period of foreign service, no payment of pension contributions will be made to the Government of India by or on behalf of the officer. This period will not count for purposes for calculation of pension under the Government. The officers will be eligible for the benefits due to him from the Organisation concerned under their rules for the period in question. In case the officer does not rejoin Government but retires from Government service while serving with the United Nations Organisation, his pension under the Government rules will be calculated on the basis of service rendered by him in case he rejoins and serves for another spell under Government, the pension admissible under Government rules will be calculated on the basis of the total of his earlier and later periods of service under Government.

3 · The retirement benefits accruing under the United Nations rules will be payable to the officers in Rupees in India. In the case of officers who rejoin Government on the expiry of the foreign service with United Nations Organisations the retirement benefits sanctioned by the United Nations will not be payable concurrently with the salary from the Government but will be credited to the revenues of the Government of India by credit to XLVII Contributions and recoveries towards the Accounts Officer, pension and other retirement benefits" under intimation to the Accounts Officers in case of Gazetted Officers and to the Heads of the Department in the case of Non-gazetted officers, so that a note could be kept in the service records of the officers concerned of the amount received from the United Nations authorities. This amount will be paid to the officer concerned along with his other pensionary benefits when he finally retires from the service of the Government of India, the provisions in the year concerned being made for the payment of this amount under `65 Pensions and Other Retirement Benefits, etc.'.

4 · Orders contained in this Ministry's Office Memorandum dated the 18 th October, 1960 referred to in the opening para will continue to apply in respect of associate participants.

5 · Separate orders will be issued in respect in All India Services Officers.

6 · In so far as the persons serving in the Indian Audit and Account Department are concerned, these orders are issued after consultation with the Comptroller and Auditor General of India.

1 · The Government of India for some time past have had under consideration the question of counting the service rendered in the Indian National Army towards civil pension by persons now holding civilian posts. They fall into the following three categories:-

2 · The service in the Indian National Army referred to in the preceding para will be admitted on the basis of a certificate issued by the administrative authorities to the effect that the claim is genuine and correct. The administrative authorities will give such certificates after verification of documents or collateral evidence etc., produced by the persons concerned. In the case of persons belonging to category (iii) the production of adequate proof like documents relating to their enrolment in the Indian National Army should be insisted upon along with the collateral evidence for their having been in that Army.

3 · In so far as the Persons serving in the Indian Audit and Accounts Departments are concerned, these orders have been issued after consultation with the Comptroller and Auditor General of India.

27 · Verification of 'war service' of AIS officers would be done by the State Governments from appropriate military authorities: In accordance with the instructions contained in Ministry of Defence's letter No. 5324/Gen/Org.3(Records(d)/411D (Pension/Service), dated the 19 th January, 1963, the verification of war/military services of All India Services officers has to be done by the State Governments from the appropriate military authorities. The result of the verification, along with the relevant particulars of the case, should then be forwarded to the Accountant General concerned for making necessary entries in the History of Service. Wherever, there is doubt whether or not a particular period of war/military service rendered by an All India Service Officer counts for pension a reference should be made to the Ministry of Home Affairs.

28 · Guidelines regarding regulation of service of the moS from All India Service to autonomous bodies and vice versa: -I am directed to say that this Department have issued orders vide OM No.28/10/84 -Pension Unit dated the 29 th August, 1984 regarding counting of service rendered by a Central Government servant for pension when he moves from Central Government service to the service of a central autonomous body and vice versa. According to these orders, when a Central Government servant borne on a pensionable establishment is allowed to be absorbed in an autonomous body having a pension scheme, the service rendered by him under the Government shall be allowed to be counted towards pension under the autonomous body. Similarly, a person working under such an autonomous body joins government service, the service rendered by him under the autonomous will be counted as qualifying service for pension under the Government. The Government/autonomous body will discharge its pension liability by paying a lump sum amount, as a one time settlement, of pro-rata pension etc. to the Government or autonomous body as the case may be. An employee of autonomous body having CPF scheme on absorption under the Central Government will have an option either to receive CPF benefits which have accrued to him from the autonomous body – and start his service afresh under the Government or choose to count service rendered by him under that body as qualifying service for pension under the Government by foregoing employer's contribution with interest thereon, which will be payable to the Central Government Department concerned by the autonomous body.

2 · This Department have considered the question of extending the above orders to members of All India Services. The case of a member of an all India Service permitted to get absorbed permanently in the service of a central autonomous body can be regulated under the provisions contained in rule 5 A of All India Services(DCRB) Rules, 1958. If an employee of an autonomous body who joins service under the Central Government or a State Government and later on is appointed t an All India Service, his case can be regulated under the provisions contained in rule 8(2) ibid. Thus the case of an employee of an autonomous body who joins an All India Service direct is not covered under the rules and instructions issued by the Central Government. It has, therefore, been decided that the

3 · An officer who was appointed to an All India Service prior to the date of issue of these orders but not yet retired from service, shall also be governed by these orders. Such an officer will have an option either:-

4 · The option shall be exercised within a period of one year from the date of issue of these orders. If no option is received within the prescribed time limit, the officer will be deemed to have opted for retention of the benefits received by him. The option once exercised or deemed to have exercised shall be final.

5 · The benefits of these orders will be admissible only if

1 · I am directed to say that instructions had been issued vide letter No.25011/27/85AIS(II) dated the 19 th May, 1986 laying down guidelines for counting the previous service rendered by an All India Service Officer under a central autonomous body having a pension scheme prior to his appointment to the service as qualifying service for pension purposes under the AIS(DCRB) Rules.

2 · According to the instructions mentioned above an officer who had been appointed to an All India Service prior to issue of those orders and who was still in service was required to exercise an option either (a) to retain the pro-rata retirement benefits received by him form the autonomous body, in which event the service rendered by him under the autonomous body would not count as qualifying service for pension in Government service or (b) to have the service rendered by him under the autonomous body counted as qualifying service for Government pension, in which case, the pro-rata retirement benefits or other terminal benefits received by him would have to be deposited with the State Government, along with interest thereon.

3 · All AIS Officers were required to exercise their option within a period of one year from the date of issue of the above mentioned orders. However, a number of references have been received from officers seeking permission to exercise the option belatedly, on the ground that they were unaware of the contents of our earlier OM dated 19.5.86.

4 · In this background, it has been decided to give all AIS Officers another chance to exercise their option in this regard. Such an option shall be exercised latest by 30 th September, 1993. If no option is received within the prescribed time limit, the officer concerned will be deemed to have opted for retention of the benefits received by him from the autonomous bodies at the time of his termination of service with them.

5 · It is requested that the contents of this circular may be brought to the notice of all All India Service Officers of your State, as are eligible, with the request that it they so desire, may exercise the required option well in time. The options received may please be forwarded to this Department within the prescribed time limit.

29 · one time relaxation, to provide a last opportunity to ex-service pensioners who are at present re-employed in All India Services to exercise the option for counting of their past military service as qualifying service: -I am directed to refer to this Department's letter No.25011/14/80-AIS(II) dated the 17 th December, 1980 and 28 th August, 1982 and to say that sub-rule(4) of Rule 8 of AIS(DCRB) Rules, 1958 provides that war/military service rendered by a member of the service before his appointment to the AIS shall count as qualifying service to the extent to which such service is counted as qualifying service for pension under the Civil Services Regulation as applicable to the members of the Central Civil Services Class -I (now Group "A") or under any orders that might be issued by the Central Government in this behalf. In the aforesaid letter it was provided that members of AIS who had rendered pensionable war/military service before joining the AIS but have not so far opted for such service to be counted for Civil pension, could exercise fresh option within a period of 6 months from the date of issue of the Order.

2 · It has been represented to this Department by Association of Released ECO/SSC Officers and individuals that in some cases it has not been possible for Ministries/Departments and field officers to disseminate the information about the facility for exercise of option in terms of the above mentioned orders to the affected officers who were posted in the different parts of the country. As a result, many of these officers could not avail of the opportunity to exercise their option within the stipulated period. Keeping in view these representations, it has been decided as a one time relaxation, to provide a last opportunity to such ex-service pensioners who are at present re-employed in All India

3 · The option exercised by the members of the Service may be processed by the State Governments as laid down in the Government of India instructions below rule 8 ibid.

1 · Invalid pension is not automatic on the expiry of 6 month of the issue of the certificate of Medical Board, but should be followed by an order of the Government: It has been held that retirement of a member of an All India Service on invalid pension is not automatic on the expiry of six months from the date on which the Medical Board signed the certificate declaring him to be permanently incapacitated for further service; Government will have to issue an order retiring such an officer from service on invalid pension and the order cannot have retrospective application.

1 · State Governments are free to initiate action and suggest the compulsory retirement in public interest of AIS officer who have put in 30 years of qualifying service or have attained the age of 50 years after giving them three months notice in writing: - A question was raised whether under rule 16(3) the State Governments have no power to initiate action for retirement of an AIS officer who has completed 30 years of qualifying service or has attained the age of 50 years. The Government of India have held that the State Governments are free to initiate action and suggest the compulsory retirement in public interest of AIS officer who have put in 30 years of qualifying service or have attained the age of 50 years after giving them three months notice in writing. The recommendations of the State Governments in these matters would be given due consideration.

2 · According to rule 16(3), the orders in each case would need to be issued by the Central Government but the formal Notification giving effect to the above orders would be issued by the State Government.

2 · It has been decided that a notice under sub -rule (2) of Rule 16, addressed to the Central Government can be treated as valid as defect in the notice is only formal, and in the absence of a prescribed form, endorsing a copy of the notice amounts to addressing the notice.

3 · Government can serve notice of retirement of a member of an All India Service even before he attains the age of 50 years or has completed 30 years of qualifying service: -It has been decided that Government can serve notice of retirement of a member of an All India Service even before he attains the age of 50 years or has completed 30 years of qualifying service subject to the condition that the actual retirement takes place after he has attained age of 50 or has completed 30 years of qualifying service.

5 · A moS, who has given notice for voluntary retirement under the aforesaid rule will retire from service on the expiry of the period of the prescribed three months even if he is placed under suspension after he gave notice:Under sub-rule (2) of rule 16, ibid, retirement of a member of the service becomes effective on the expiry of three months' notice given by him, unless he is under suspension. Once the notice period begins to run, it may not be open to the Government a unilateral act of suspension to prevent the running of the three month's period. In other words, a member of the Service, who has given notice for voluntary retirement under the aforesaid rule will retire from service on the expiry of the period of the prescribed three months even if he is placed under suspension after he gave notice. However, as provided in the explanation below rule 6(1) ibid, a departmental proceedings in terms of the aforesaid rule shall also be deemed to have been instituted against the pensioner on the date he was placed under suspension. In view of this if a member of the service is placed under suspension after he gives notice for retiring from service voluntarily, the benefit of the limitation contained in clause (b) (ii) of the proviso to rule 6(1) ibid will not be available to him, and departmental proceeding under this rule for reduction of his pensionary benefits can be initiated against him, even after the date of his retirement, for a misconduct committed by him while in service, although such proceeding may be in respect of an event which took place more than four years before the institution of such proceedings.

2 · CRITERIA FOR EXTENSION/RE -EMPLOYMENT

2 · A question has arisen whether a member of the service could be granted Extra Ordinary Leave on private affairs or on medical grounds during the period of the notice for voluntary retirement. The mater has been considered and it is clarified that Extra Ordinary Leave cannot run concurrently with the period of notice given by a member of the service for seeking voluntary retirement.

1 · A moS cannot pledge his retirement benefits to L.I.C.: - It was brought to the notice of the Government that an officer of the All India Services had obtained a loan from the Life Insurance Corporation and in the mortgage deed executed by him, he agreed inter alia, that in the event of termination of his service by death, retirement or otherwise, the retirement benefits to be received will be paid towards discharging all amount under the said Mortgage Deed by way of principal, interest or otherwise, if so due at the relevant time. He also agreed that if possible, he would appoint the Corporation as his nominee to receive the provident fund, gratuity and other retirement benefits.

2 · The Government of India have examined the question whether the A.I.S. officers can pledge their retirement benefits to the Life Insurance Corporation. Section 12 of the Pension Act., 1871 and Section 3 or the Provident Fund Act, 1925 do not permit an officer to pledge his pension or provident fund in this manner.

1 · 3 As regards nominating the Life Insurance Corporation to receive the retirement benefits like gratuity, provident fund, etc., the respective rules regarding nomination do not permit such a course when the officer has a family.

2 · It has been decided that pension can be held in abeyance.

1 · Simplification of procedure with a view to eliminating delays in the payment of pension and gratuity:The undersigned is directed to refer to this Ministry's O.M. No. F.11(3)-EV(A)/76, dated the 28 th February, 1976, on the subject mentioned above, and to say that certain related issues have been separately under the consideration of the Government viz. (a) the manner in which pension cases which were pending on the date of effect of the afore said O.M. should be processed; (b) the application of the provisions of that O.M. to those cases of retirement on or after 29.2.76 in which the ful two -year period envisaged in the time-table is not available; and (c) the manner in which pension papers should be processed in those cases in which retirement occurs ahead of the age of superannuation. Appropriate instructions in regard to these matters are laid down in the ensuing paragraphs.

2 · Pending pension cases - As the O.M. dated 28.2.76, was made applicable to persons retiring on or after 29.2.76, such provisions of that O.M. as involve a liberalisation of entitlements would not be applicable to those who had retired prior to 29.2.76. It is, however, the Government's intention that the spirit and approach behind the procedural changes introduced in that O.M. should fully govern the processing of such pending pension cases. Even prior to the issue of that O.M., the C.C.S. (Pension) Rules, 1972, required advance action in regard to pension cases to be initiated one year ahead of the date of the retirement, vide Rules 62, 63 & 66; from July, '75 onwards the advance action was to be initiated two years prior to the date of retirement, vide this Ministry's notification

3 · Cases of retirement on or after 29.2.76 in which the two -year time table is not feasible. (I) Some Government servants might have already retired on or after 29.2.76 and others might be due to retire on varying dates in the future but with less than two years to go. However, as already mentioned, the rules and orders in force prior to the issue of the O.M. dated 28.2.76 did require advance action to be taken to initiate pension cases one year prior tothe date of retirement; and this was changed to two years by this Ministry's notification No. 11(1)-EV(A)/73 dated 14.7.75. There should, therefore, be no difficulty in processing the pension and gratuity in accordance with the time-table laid down in paragraph 2(a) of the O.M. dated 28.2.76, at least in all those cases in which the Government servants are due to retire in July, 77 or later (i.e., two years after the issue of the notification of 14.7.75 referred to above).

6 · The Central Government have decided that the simplified procedure laid down in the Ministry of Finance O.M. No. 11( 3)-EV(A)/76, dated the 28 th February, 1976 (Annexure A) and No. 11(3)-EV(A)/76, dated the 6 th May, 1976 (Annexure B) for the calculation of retirement benefits in the case of Central Government servants apply mutatis mutandis to members of All India Services. [DP& AR File No. 11023/4/76-AIS(II)].

2 · The aforesaid decision of the Government of India is hereby conveyed to all the Ministries/Departments of the Government of India for further necessary action accordingly.

4 · Simplification of Procedure for payment of pension and other benefits to All India Service officers retiring from Government of India/State Governments:I am directed to refer to the earlier O.M.s of even number dated 3rd June, 2004 and 11 th July, 2005 issued by this Ministry on the subject mentioned above. Earlier, the payment of pension to All India Service officers, including those officers who were on deputation with the Central Government, was being made by the respective State Governments on whose cadre those officers were borne. After considering the difficulties experienced by these officers and with a view to simplifying the procedure it was decided by the Government that the AIS officers who were on deputation with the Union Government at the time of retirement could opt for payment of pension and other retirement benefits through the Central Government. Accordingly, suitable instructions were issued by the Controller General of Accounts, Ministry of Finance, Department of Expenditure.

2 · Measures for further simplification of the procedure for payment of pension and other retirement benefits to AIS officers retiring from Government of India/State Governments has been under consideration of the Government of India. In consultation with the Ministry of Finance and Department of Pension and Pensioners' Welfare it has now been decided that the following revised procedures/systems would be followed.

3 · Detailed operational procedure to be followed by various agencies for preparation of pension papers, issue of PPO and arranging payment and accounting of payments etc. will be issued by the Controller General of Accounts, Ministry of Finance, Department of Expenditure.

4 · In cases of any problem/dispute in individual cases, references may be made to the respective Cadre Controlling Authorities in the Central Government, for appropriate action, if necessary, in consultation with other Departments.

1 · Gratuity is not covered under the term 'pension' in the Pensions Act, 1871, and therefore, does not enjoy the protection: Gratuity is not covered by the term 'Pension" occurring in the Pensions Act, 1871, and therefore, does not enjoy the protection, conferred by the various provisions of that Act. It is, therefore, permissible to make recovery of any amount owed by a retired officer to Government from the death-cum-retirement gratuity due in respect of him, even without obtaining his consent or that of the members of his family in the case of deceased officers, as the case may be.

2 · The daughter of a moS, who was unmarried at the time of his death, does not forfeit her share of moS' gratuity on account of her subsequent marriage: A member of the service died while in service without making any nomination. One of the surviving members of his family, an unmarried daughter, got married subsequently before the death gratuity was paid. A question arose whether the daughter who was unmarried at the time of his death and was eligible for a share of the death gratuity, forfeited her share on account of her subsequent marriage.

2 · According to sub-rule (2) (i) the death gratuity became payable to the surviving members of the officer's family mentioned in sub-clauses (i), (ii) and (iii) of rule 21(i) (a) on the date of his death. An interest in the gratuity had thus accrued to and became vested in each member of the family of the deceased at the time of death. His daughter who was since married was, therefore, entitled to payment of an equal share of the death gratuity along with other members of his family and her right was not forfeited on account of her subsequent marriage.

3 · Scheme for grant of death-cum-retirement gratuity to member of former ICS, who are now IAS: -The Government of India have decided to allow an option to the members of the former ICS who are now members of the IAS, to get the benefits of death-cumretirement gratuity by surrendering a portion of pension admissible to them under the existing rules.

2 · The details of the Scheme for grant of death-cum-retirement gratuity as finally approved by the Government of India are given below:-

1 · Extra expenditure under the Deposit Linked Insurance Scheme will be debited by the State Government if the moS serves in the State, otherwise the Account Officer who maintains the provident fund account of the office concerned shall make final payment out of the provisions of the State: A question has been raised as to whose Budget (State or Central) the extra expenditure under the Deposit Linked Insurance Scheme will be debited in cases where members of the All India Services die while working under the State Government or the Central Government. It has been decided in consultation with the Ministry of Finance and C & AG that the payments has to be debited against the Budget provision made by the concerned Accountant General out of the estimate in respect of the scheme prepared by him. In respect of members of the All India Services allotted to different States, the Budget provision will be made from the State Govt.'s budget under an appropriate Head. When the members of the All India Services borne on a State Cadre are on deputation either to the Central Government or to any other State Government, the Accounts Officer who maintains the provident fund account of the office concerned shall make final payment out of the provisions of the State.

2 · Regulation of delay in payment of gratuity in case of administrative lapse: -

2 · As far as retirement on superannuation is concerned, the existing procedure for grant of interest if the payment of gratuity is delayed due to administrative reasons/lapses for no fault of the retiring employee will continue to be applicable. In other words, interest will be allowed for the period of delay beyond 3 months from the date of retirement.

3 · It has also been observed that there is a general impression among the administrative authorities that interest is to be paid only after disciplinary action being taken against the defaulting staff found reasonable for the delay in payment of gratuity is concluded. It is hereby clarified that this impression is not correct. In all cases in which it is established that the delay in payment of gratuity was attributable to administrative lapse and for no fault of the retiring employee concerned, the interest should be paid without waiting for the outcome of the disciplinary proceedings against the defaulting staff. The disciplinary cases should be proceeded with separately. This may kindly be borne in mind while regulating cases under paragraphs 2 and 3 above. Wherever interest becomes payable in terms of these orders, the same shall be allowed upto the end of the months preceding the months in which gratuity/arrears of gratuity is paid.

4 · These orders shall take effect from the date of issue of this O.M. The cases of those government servants who retired/died while in service before this date would also be covered if gratuity has not been paid as on the date of issue of this office Memorandum and there has been delay in its payment beyond three months/six months, as the case may be , of the date of their retirement/death but the interest would be payable in such cases only from the date of the issue of this OM or three months/six months, as the case may be, from the date of retirement/death, whichever date is later. Past cases of retirement otherwise than on superannuation and on death already settled before the issue of this OM, however, need not be reopened .

3 · Procedure of payment of retirement benefits to the family members of the moS who has disappeared: -

1 · In the normal course unless a period of 7 years has elapsed since the date of disappearance of the employee, he cannot be deemed to be dead and the retirement benefits cannot be paid to the family.

2 · This principle is based on Section 108 of the Indian Evidence Act Which provides that when the question is whether the man is alive or dead and it is proved that he has not been heard of for 7 years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it.

3 · Withholding of the benefits due to the family has been causing a great deal of hardship and it has been decided that:-

4 · The above benefits may be sanctioned by the administrative Ministry/Department after observing the following formalities:-

5 · The Head of Office will assess all Government dues outstanding against the Government servant and effect their recovery.

6 · The family can apply to the Head of the Office of the Government servant for grant of family pension and DCR Gratuity, after one year from the date of disappearance of the Government servant in accordance with the prescribed procedure for sanction of family pension and DCR Gratuity. In case the disbursement of DCR Gratuity is not effected within three months of the date of application, the interest shall be paid at the rates applicable and responsibility for the delay fixed.

4 · The admissibility of interest on the gratuity allowed after the conclusion of judicial/departmental proceedings: I am directed to state that the Central Government has been receiving references from the State Governments about the admissibility of interest on the withheld amount of gratuity and commutation of pension during the pendency of judicial/departmental proceedings against the retired All India Services Officers. The question of grant of interest in such cases has been examined in this Department in consultation with the Department of Pension & Pensioners' Welfare.

2 · It has been decided to follow the provision contained in the Government of India Decision No. (1) below Rule 68 of CCS(Pension) Rules, 1972, as reproduced below, regarding the admissibility of interest on the gratuity allowed after the conclusion of judicial/departmental proceedings as there is no such provision under the All India Services (Death-cumRetirement Benefits) Rules, 1958:-

3 · The decision in this respect shall be applicable in those cases only which have not been decided so far and future cases. Past cases are not to be re -opened.

4 · In its 44 th Report, the Parliamentary Standing Committee on the Ministry of Home Affairs had observed that timely payment of pension and retirement dues is not being made to the retiring Government employees and the Committee had recommended certain steps to ensure timely payment of pension and retirement dues to the retiring employees of the Union Government. The Government has decided to implement the recommendations vide Department of Pension & Pensioners' Welfare O.M.No.38/64/98-P&PW(F) dated the 5 th October, 1999 and it has been further decided to extend the same to AIS officials with suitable changes as follows:

5 · There is no provision either under the All India Services(Commutation of Pension) Regulations, 1959 or CCS(Commutation of Pension) Rules, 1981 for payment of interest on commutation value of pension. There is no prescribed date for payment of commutation

6 · The State Governments are requested to deal with the matters for payment of gratuity or DCRG and other pensionary benefits to the retiring Members of the All India Services in accordance with the provisions enumerated above. These orders shall be applicable on those cases only which have not been decided so far and future cases. Past cases are not to be re -opened.

2 · Qualifying Service

2 · In completed 6 monthly period, not exceeding 66)

3 · In view of the position mentioned above, it has been decided to extend provisions of the Department of Pension & PW's OM dated 3 rd February, 2000 and 11 th September, 2001, as referred to in para 1 above, to the members of the All India Services also, mutatis – mutandis.

1 · The undersigned is directed to say that the Fifth Central Pay Commission inter alias recommended that for determining the compensation payable for death or disability under different circumstances, the case could be broadly categorized in five distinct categories as under: -

2 · The Fifth Central pay Commission recommended various relief packages for the above categories, in modification of the existing provision on the subject.

3 · The recommendations of the Commission have been under consideration of the Government for some time. Orders have already been issued regarding ex-gratia payment in case of death in service vide this Deptt. OM. No. 45/55/97-P&PW(C) dated 11.09.98. In respect of disability pension/family pension the President is now pleased to decide as under: -

4 · Other terms and conditions in the CCS (EOP) Rules and Liberalised Pensionary Awards Scheme which are not specifically modified by these orders shall continue to remain operative.

5 · The Fifth Central Pay Commission also suggested certain procedural changes. These have also been considered by the Government. The President is now pleased to decided as under : -

6 · These orders will be effective form 01.01.1996. The past cases of pre-1996 pensioners/family pensioners will be revised under this Dept's OM No. 45/86/97-P&PW(A)Part -II dated 27.10.1997. Such consolidated pension, shall however, be subject to the provisions of the Deptt's OM No. 45/10/98-P&PW(A) dated 17.12.1998.

7 · This issues with the concurrence of the Ministry of Finance, Department of Expenditure vide their U.O.NO. 20/E.V/2000 dated 6.1.2000.

8 · In so far as employees of India Audit and Accounts Department are concerned, these orders have been issued after consultation with the C & AG of India.

2 · The question of modified parity between past and present pensioners, covered under the Central Civil Services (Extraordinary Pension) Rules/Liberalized Pensionary Award Scheme, on the lines of benefits sanctioned for ordinary pensioner/family pensioners, has been under the consideration of the Government. It has now been decided that the revision of pre-1996 pensioners/family pensioners coming under this category would be done as under.

1 · Family pension for Categories "B" & "C'

1 · Revised scheme of family pension applicable to Central Government servants has been extended to the All India Services Officers: -It has been decided to extend the revised scheme of family pension applicable to Central Government servants to the All India Services Officers governed by the AIS(DCRB) Rules, 1958. The orders contained in the Ministry of Finance OM No.F.9(16)-EV(A)/63, dated the 31 st December, 1963, would apply mutatis mutandis to the All India Services Officers governed by the said Rules, with effect from 1st January, 1964. A formal amendment to the AIS(DCRB) Rules, 1958 has since been made vide Rule 22 -B.

2 · Applicability

3 · Scope

4 · Benefit to the family in the event of the Death of the Government Servant - family pension under categories 'D' & 'E'.

5 · Children's Allowance --Stands abolished with effect from 1 -1 -96.

6 · Benefit to Government servant in the event of his being invalided out of service on account of injury -- Grant of Disability Pension.

7 · Benefits under these orders not to affect normal entitlements to Death/Retirement Gratuity, etc.

8 · Definition of expression 'Pay'

9 · Government servants governed by Workmen's Compensation Act, 1923

10 · Procedure for Grant of Awards and Residuary Provisions

11 · Date of Effect

12 · Interpretation

13 · In their application to the staff working in the Indian Audit and Accounts Department, these instructions have been issued in consultation with the Comptroller and AuditorGeneral of India.

14 · Ministry of Agriculture, etc., are requested to bring these orders to the notice of all concerned for their guidance.

2 · Orders were also issued in this Department's D.O. Letter No. 46/1/88-P &PW(F) dated November 24, 1988 in regard to payment of ex gratia lumpsum compensation to the families of Central Government employees killed in incidents of terrorist violence in Punjab. These orders were subsequently extended in this Department's D.O. letter N0. 46/1/88-P&PW(K) dated May 25, 1990 to the families of Central Government employees killed in terrorist violence in Jammu & Kashmir.

3 · Apart from the general orders and instruction issued by this Department from time to time, individual ministries and departments such as the Ministry of Home Affairs. Ministry of Information & Broadcasting, etc. have also issued separate orders to provide for the payment of ex gratia compensation at the prescribed rates to the families of personnel of the Central Police Organisations , Akashwani, Doordarshan etc. killed in the course of performance of their duties as a result of violence by armed hostile, extremists. etc. or as a result of encounters with antisocial elements.

4 · The question of rationalization and further liberalization of the existing schemes and guidelines has been engaging the attention of Government for quite some time, particularly in the context of the increase in militancy and extremist activities in different parts of the country. The Fifth Central Pay Commission having been appointed in the meantime, the

5 · In supersession of all earlier orders issued by Government as well as by individual ministries and departments in so far as these relate to payment of an ex gratia lumpsum compensation in certain specified circumstances the President is pleased to decide that families of Central Government Civilian employees who die in harness in the performance of their bonafide official duties under various circumstances shall be paid the following ex gratia lumpsum compensation.

6 · The graded structure of ex gratia lumpsum compensation takes into account the hardships and risks involved in certain assignments, the intensity and magnitude of the tragedy and deprivation that families of government servants experience on the demise of the bread -winner in different circumstances, the expectations of the employer from the employees to function in extreme circumstances etc. The Compensation is intended to provide an additional insurance and security to employees who are required to function under trying circumstances and are exposed to different kinds of risks in the performance of their duties.

7 · Power were delegated in the Ministry of Finance O.M. No. 19(18) -EV (A)/66 dated February 26. 1966 to the appointing authorities to sanction awards under the relevant Extraordinary Pension Rules in those cases in which the proposed pension or gratuity is held to be clearly admissible under the rules. However, any awards proposed to be granted on ex gratia basis were to continue to be referred to the Ministry of finance as usual. In partial modification of these orders, in so far as they relate to ex gratia awards, the admissibility of and entitlement to the ex gratia lumpsum compensation in the circumstances specified in these orders may be decided in each individual case by the concerned Administrative Ministries themselves in consultation with their Financial Advisers.

8 · The Conditions governing the payment of ex gratia lumpsum compensation in terms of these orders and the guidelines to be observed have been indicated in the Annexure to this Office Memorandum.

9 · The orders shall apply to all cases of death in harness occurring on or after August 1, 1997 In So far as cases of death, which occurred prior to August 1, 1997 are concerned, these shall be regulated and finalized in terms of the orders and instruction in force prior to the issue of these orders.

10 · In so far as persons serving in the Indian Audit and Accounts Department are concerned these orders issue in consultation with the Comptroller and Auditor General of India.

11 · The Ministry of Agriculture etc. are requested to bring the contents of this O.M. to the notice of all concerned for their guidance and compliance.

12 · Hindi version will follow.

1 · The Main condition to be satisfied for the payment of the ex gratia lumpsum compensation in the specified circumstances is that the death of the employee concerned should have occurred in the actual performance of bonafide official duties. In other words, a causal connection should be established between the occurrence of death and government service.

2 · Powers having been delegated to the Administrative Ministries to sanction ex gratia Payments under these orders, it shall be their responsibility as well as that of the Financial Advisers to satisfy themselves that the death of the government servant to be compensated by the payment of the lumpsum ex gratia to the family in fact occurred in the actual performance of bonafide official duties and to establish its causal connection and nexus with government service. This could be done on the basis of medical and other documents relating to the case.

3 · Even if a Government servant had died in such circumstances that a medical report could not be secured , the nexus and causal connection with government service would need to be adequately established in determining the entitlement to the ex gratia lumpsum payment. In deciding this issue all evidence (both direct and circumstantial)shall be taken into account and the benefit of reasonable doubt given to the claimant. The benefit of reasonable doubt will be extended more liberally in field service cases, as provided in the guidelines for conceding attributability of disablement or death to Government service forming part of the Central Civil Services (Extra ordinary Pension) Rules.

4 · In cases of accidents to commercial aircraft resulting in the death of passengers, compensation is payable to the next of kin by the national or private airline concerned in terms of international conventions. The ex -gratia lump sum compensation in terms of these orders will therefore, not be admissible in addition in the event of death due to accidents while travelling on duty by commercial aircraft and shall be restricted only to those cases where death occurs in an accident while travelling on duty by service aircraft. The payment of ex gratia in these cases will be without prejudice to the bond required to be executed by the civilian government employees indemnifying the Government against any claims on account of death while travelling by service aircraft.

5 · Railways also pay compensation to the next of kin of passengers killed in train accidents. Therefore, the ex gratia compensation admissible in terms of clause (a) of para 5 of these orders shall be reduced by the compensation, if any, received by the next of kin of Central Government Civilian employees killed in train accidents while travelling on duty.

6 · Ex -Gratia compensation under clause (b) of para 5 will be admissible to police personnel killed while employed in aid of the civil administration in quelling agitations, protest demonstrations, riots, etc. regardless of whether such agitations, demonstrations, etc. are resorted to by members of the public, political parties, etc. or by other public servants, including police personnel. In addition, in the context of a perceptible increase in violencerelated incidents over the years, Central Government Civilian employees on duty could become unwitting victims of bomb blasts in public places or vehicles, indiscriminate shooting

15 · Where any doubt arises as to the interpretation of the provisions of these orders, it shall be referred to the Department of Pension & Pensioners' Welfare for decision.

1 · Death resulting from acts of violence or assault by terrorists, smugglers, Dacoits, antisocial elements, etc. against an individual Government servant-

2 · Personnel of Akashwani, Doordarshan, and other Central Government departments killed in the course of performance of their duties as a result of violence or attack by armed hostile, extremists, terrorists, anti-social elements, etc.

1 · Re -employment to cadre posts will be regulated by rule 9 of these rules and to noncadre posts, State Government rules will apply: -These rules do not contain any provision regarding reemployment of retired Indian Administrative/Police Service Officers. A question therefore, arose by what rules their re-employment under State Government should be regulated.

2 · Indian Administrative/Police Service Officers are treated as non -cadre officers after their retirement. Their re -employment in cadre posts shall be regulated by rule 9 of Indian Administrative/Police Service (Cadre) Rules, 1954. As regards reemployment in non-cadre posts, State Government rules will apply.

2 · No permission of the Government of India is required for re-employment of a member of service on the administrative staff of a university: -A question having arisen, it was decided that re-employment of a member of service on the administrative staff

3 · permission of the Government of India is not necessary for re-employment under the State Government or body corporate or not, which is wholly or substantially controlled by State Government: Re -employment under the State Government or body corporate or not, which is wholly or substantially controlled by State Government or an Institute like the Indian Institute or Public Administration, does not come within the definition of `commercial employment' and permission of the Government of India is not necessary.

4 · It has been decided that fixation of pay of re-employed IAS/IPS officers under the State Government will be regulated in accordance with Government of India, Ministry of Finance O.M. No. 8/E.II/57, dated the 25 th November, 1958 .

5 · State Governments are not competent to grant permission for re-employment within two years of retirement of the moS: - Recently, a State Government had referred to the Central Government a request from a retired officer of an All India Service for permission to accept commercial employment within two years after retirement. While forwarding the case, the State Government informed the Government of India that in view of the urgency represented by the officer, the State Government had permitted him to accept the employment provisionally in anticipation of the Central Government's approval subject to the condition that he should resign the appointment if the Government of India did not approve of such reemployment.

2 · As under Rule 26(1) of the AIS(DCRB) Rules, 1958, the responsibility of examining such cases and sanctioning permission has been cast upon the Government of India, State Governments are requested not to permit All India Services Officers to accept such commercial employment, in anticipation of Government of India's orders. As a matter of general policy, the Government of India are averse to the acceptance of such commercial employment, by retired All India Services Officers within two years of retirement.

6 · It has been decided that no permission is required for acceptance of Professorship at MIT Harward after retirement.

7 · It has been decided that the acceptance of appointment as Arbitrator does not constitute commercial employment.

8 · The reputation of the firm offering employment would also be a consideration which should be taken into account by the State Government with reference to the relevant five criteria : -It has been decided that the reputation of the firm offering employment would also be a consideration which should be taken into account by the State Government with reference to the relevant five criteria. For instance, the fact that firm is blacklisted by Government will be one of the factors which will render the employment to be considered as not being of a thoroughly reputable kind.

9 · Employment of All India Services pensioner in a nationalised bank and State Bank of India and its subsidiaries will not amount to acceptance of commercial employment .

10 · Instructions to the States for re -employment of AIS officers in a private undertaking as a nominee Director by the Government or a public financial institution: -The question whether appointment of an All India Service pensioner in a private undertaking as a nominee Director by the Government or a public financial institution, amounts of acceptance of commercial employment under rule 26(1) of All India Service (DCRB) Rules, has been under the consideration of this Department. It has been decided to lay down the following instructions for the information and guidance of State Governments: -

2 · Extraordinary Leave and Suspension

3 · Break in Service

4 · Deputation/Foreign Service

5 · Administrative sanction to pension and the concept of approved service

6 · Right to withhold or withdraw pension

7 · Payment of Provisional Pension and Gratuity

8 · Last Pay Certificate

9 · Adjustment of Government dues

10 · Accountability of officers charged with the maintenance of records In taking the above decisions, Government have preceding on the basis that in spite of every effort imperfections may remain in the records and procedures but that it would be unfair to a retiring Government servant if he had to suffer because of the lapses of those responsible for the proper maintenance of service records. The fact that under the new procedures the presumption will be in favour of the Government servant if the records are incomplete or deficient in any manner underlines the importance of ensuring the proper, regular and timely completion of all the service and accounts records by the offices concerned, so as to minimise the occasion for making such presumptions. It has accordingly been decided that if, in future service records are found to be incomplete or imperfect at the time of processing and finalising pension case, those cases will not be delayed but the officials responsible for the maintenance of the records will be held accountable for any deficiencies, failure or omissions therein, and action will be initiated against them. The Heads of Department will ensure that these directions are complied with.

1 · Extension of scope of family pension to unmarried daughters of All India Service officers/ All India Service pensioners.

1 · 1 I am directed to refer to the Department of P&PW' O.M. No.l/19/03-P&PW (E) dated the 6th September, 2007 (copy enclosed) extending the scope of family pension to unmarried daughters of Central Government servants/pensioners beyond 25years of age at par with the widowed 1 divorced daughters.

1 · 2. The applicability of the provisions of the aforesaid OM to unmarried daughters of All India Service officers1 All India Service pensioners has been considered by this Department and it has been decided to make applicable the provisions of the aforesaid OM of Department of Pension & PW in this respect, mutatis mutandis to unmarried daughters of All India Service officers/ All India Service pensioners.

1 · 3. It has also been decided to make applicable the provisions of Department of Pension &PW' O.M. No. 45/51/97 -P&PW (E)(VoI.II)dated 25 th July 2001 (copy enclosed) regarding eligibility of disabled divorced/ widowed daughter for family pension for life subject to conditions mentioned therein and O.M. No. 45/51/97P&PW (E)(Vol.II) dated 25th August, 2004 (copy enclosed) for making the widowed/ divorced daughter eligible for family pension,mutatis mutandis to disabled divorced/ widowed daughter and the widowed/ divorced daughter of All India Service officers/ All India Service pensioners.

2 · The Staff Side of National Council (JCM) had raised the issue of extension of scope of family pension to unmarried daughters of the Members of All India Service/ Pensioners even after attaining the age of 25 years at par with the widowed/ divorced daughters, which has been agreed to in principle. It has, accordingly, been decided that the unmarried daughters beyond 25 years of age shall also be eligible for family pension at par with the widowed/ divorced daughters subject to other conditions being fulfilled. Grant of family pension to unmarried/ widowed/ divorced daughters shall be payable in order of their date of birth and younger of them will not be eligible for family pension unless the next above her has become ineligible for grant of family pension. It is further clarified that family pension to unmarried/ widowed/ divorced daughters above the age of 25 years shall be payable only after the other eligible children below the age of 25 years have ceased to be eligible to receive family pension and that there is no disabled child to receive the family pension.

3 · This issues with the concurrence of the Ministry of Finance, Department of Expenditure vide their U.O. No. 380/E.V/2006 dated 05.01.2007.

4 · These orders, in so far as their applicability relates to the employees of the Indian Audit and Accounts Department, are being issued in consultation with the Comptroller and Auditor General of India, vide their U.O. No. 56 Audit (Rules)/122007 dated 22.05.2007.

2 · In view of the above provisions, this Department has been receiving representations regarding eligibility of the disabled daughter who has been divorced after her crossing 25 years of age, as the family pension to the divorced daughters under this Department's O.M. dated 5.3.1998 is admissible till 25 years or till their remarriage or their earning a sum of Rs. 2550/- whichever is earlier. The matter has been considered in this Department. It has been decided that if the marriage of the

3 · Similarly, the widowed disabled daughter would also be eligible for family pension for life from the date of death of her husband, subject to fulfillment of above mentioned conditions, as applicable in her case.

4 · This issues with the concurrence of the Ministry of Finance, Department of Expenditure vide their U.O. No. 523/EV/2001 dated 12.6.2001.

2 · . Government has received representations for removing the condition of age limit in favour of divorced/widowed daughter so that they become eligible for family pension even after attaining the age limit of 25 years. The matter has been under consideration in this Department for sometime. In consultation with the Ministry of Finance, Department of Expenditure and the Ministry of Law and Justice, Department of Legal Affairs etc., it has now been decided that there will be no age restriction in the case of the divorced/widowed daughter who shall be eligible for family pension even after their attaining 25 years of age subject to all other conditions prescribed in the case of son/daughter. Such daughter, including disabled divorced/widowed daughter shall, however, not be required to come back to her parental home as stipulated in para 2(ii) of this Department's O.M. dated 25th July 2001, which may be deemed to have been modified to that extent.

3 · This issues with the concurrence of the Ministry of Finance, Department of Expenditure vide I.S.No. 98/E.V/2004 dated 13.02.2004.

4 · These orders, in so far as they apply to the employees of the Indian Audit and Accounts Department, are issued in consultation with the Comptroller and Auditor General of India vide U.O.No.67 Audit (Rules)/37-99 dated 20.05.2004.

2 · 1 These orders apply to all pensioners/family pensioners who were drawing pension/family pension on 1.1.2006 under the Central Civil Services (Pension) Rules, 1972, CCS (Extraordinary Pension) Rules and the corresponding rules applicable to Railway pensioners and pensioners of All India Services, including officers of the Indian Civil Service retired from service on or after 1.1.1973.

2 · 2 Separate orders will be issued by the Ministry of Defence in regard to Armed Forces pensioners/family pensioners.

2 · 3 These orders do not also apply to retired High Court and Supreme Court Judges and other Constitutional/Statutory Authorities whose pension etc. is governed by separate rules/orders.

3 · 1 In these orders :

4 · 1 The pension/family pension of existing pre-2006 pensioners/family pensioners will be consolidated with effect from 1.1.2006 by adding together:-

4 · 2 The fixation of pension will be subject to the provision that the revised pension, in no case, shall be lower than fifty percent of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired. In the case of HAG+ and above scales, this will be fifty percent of the minimum of the revised pay scale.

4 · 3 Since the consolidated pension will be inclusive of commuted portion of pension, if any, the commuted portion will be deducted from the said amount while making monthly disbursements.

4 · 4 The upper ceiling on pension/family pension laid down in the Department of Pension and Pensioner's Welfare Office Memorandum No 45/86/97 -P&PW(A)(Part-I) dated 27.10.1997 has been increased from Rs. 15000/ -and Rs. 9000/ -to 50% and 30% respectively of the highest pay in the Government (The highest pay in the Government is Rs. 90,000 since 1.1.2006).

4 · 5 The quantum of pension/family pension available to the old pensioners/ family pensioners shall be increased as follows:-

4 · 6 Some of the existing pensioners who retired between 31.3.1985 and 31.12.1985 are in receipt of personal pension. The said personal pension will continue to be granted as a separate element and will not be merged into the pension as consolidated above.

4 · 7 Since the consolidated pension/family pension arrived at as per paragraph 4.1. includes dearness relief upto average index level 536(Base year 1982=100), dearness relief will be admissible thereon only beyond index average 536 (Base year 1982=100) in

5 · 1 Where the consolidated pension/family pension in terms of paragraph 4 above works out to an amount less than Rs. 3500/ -the same shall be stepped upto Rs. 3500/-. This will be regarded as pension/family pension with effect from 1.1.2006. In the case of pensioners who are in receipt of more than one pension, the floor ceiling of Rs. 3500/- will apply to the total of all pensions taken together.

5 · 2 Where the disability pension under the CCS(EOP) Rules, is drawn in addition to invalid pension under the CCS (Pension) Rules, 1972, the minimum limit of Rs. 3500/- will apply to total of two pensions as indicated in paragraph 5.1. Where the disability pension is drawn in isolation, the minimum limit of Rs. 3500/- will apply for 100% disability. For lesser degree of disability the minimum limit will be proportionately less.

6 · The employed/re-employed pensioners/family pensioners are not getting dearness relief on pension at present under the extant orders. In their case the notional dearness relief which would have been admissible to them but for their employment/re-employment will be taken into account for consolidation of their pension in terms of paragraph 4.1. above as if they were drawing the dearness relief. Their pay will be re-fixed w.e.f. 1.1.2006 with reference to consolidated pension becoming admissible to them. Dearness relief beyond 1.1.2006 will, however, not be admissible to them during the period of employment/reemployment.

7 · The cases of Central Government employees who have been permanently absorbed in public sector undertakings/autonomous bodies will be regulated as follows:-

8 · All Pension Disbursing Authorities including Public Sector Banks handling disbursement of pension to the Central Government pensioners are hereby authorised to pay pension/family pension to existing pensioners/family pensioners at the consolidated rates in terms of para 4.1 above without any further authorisation from the concerned Accounts Officers/Head of Office etc. A table indicating the existing basic pension/family pension without Dearness Pension, the basic pension/family pension with dearness pension and the revised consolidated pension/family pension is enclosed for ready reference.

9 · The consolidated pension/family pension as worked out in accordance with provisions of Para 4.1. above shall be treated as final 'Basic Pension' with effect from 1.1.2006 and shall qualify for grant of Dearness Relief sanctioned thereafter.

10 · 40% of the arrears of pension will be paid in the year 2008-09 and the remaining 60% in the year 2009-10.

11 · It shall be the responsibility of the Head of the Department of the Ministry, Department, Office, etc. from which the government servant had retired or where he was working prior to his demise to revise the pension/family pension of all pensioners/ family pensioners with effect from 1st January 2006 in accordance with the provisions mentioned in para 4.1 and 4.2 above and to issue revised Pension Payment Order (PPOs). Action to revise pension/ family pension in terms of these provisions shall be initiated suo moto by the concerned Heads of Departments. In the case of the Defence Civilian Employees, however, the procedure prescribed in this regard by the Ministry of Defence shall be followed. It is emphasised that the Pension Sanctioning Authority, in no case, will ask the pensioner/ family pensioner to surrender his/ her original Pension Payment Order (PPO) for issuing revised authority. In case, however, the age of pensioner/family pensioner is not available on the PPO/office records, the same shall be obtained from the pensioner/family pensioner and indicated in the revised PPO. The authenticity of the age declared by the pensioner/family pensioner shall be verified by the pension sanctioning authority. It may also be ensured that a copy of the revised PPO should be invariably endorsed to the pensioner/ family pensioner.

12 · It is considered desirable that the benefit of these orders should reach the pensioners as expeditiously as possible. To achieve this objective it is desired that all Pension Disbursing Authorities should ensure that the revised pension and the first installment of arrears due to the pensioners in terms of para 4.1. and para 4.5 above is paid to the pensioners or credited to their account by 30th September, 2008 or before positively. Instructions regarding release of second installment of arrears will be issued later. Concerted efforts should be made by all the authorities concerned to ensure that the revised PPO's are issued, wherever necessary, with the utmost expedition in terms of para 4.1, 4.2. and 4.5 above and arrears are paid in terms of para 10 above within two months from the date of issue of this O.M.

13 · In their application to the persons belonging to Indian Audit and Accounts Department these orders issue in consultation with the Comptroller and Auditor General of India.

3 · 1. Save as otherwise mentioned in these orders, the revised provisions as per these orders shall apply to Government servants who retire/die in harness on or after 1/1/2006. Separate orders have been issued in respect of employees who retired/died before 1/1/2006.

3 · 2. Where pension/family pension/Gratuity/Commutation of pension, etc has already been sanctioned in cases occurring on or after 1/1/2006, the same shall be revised in terms of these orders. In cases where pension has been finally sanctioned on the pre-revised orders and if it happens to be more beneficial than the pension becoming due under these orders, the pension already sanctioned shall not be revised to the disadvantage of the pensioner in view of Rule 70 of the CCS(Pension) Rules, 1972.

4 · 1. The term 'Emoluments' for purposes of calculating various pensionary benefits other than various kinds of Gratuity shall have the same meaning as in Rule 33 of the Central Civil Services (Pension) Rules, 1972.

4 · 2. Basic pay in the revised pay structure means the pay drawn in the prescribed pay band plus the applicable grade pay but does not include any other type of pay like special pay, etc.

4 · 3. In the case of all kinds of Gratuity, DA admissible on the date of retirement/death shall continue to be treated as emoluments along with the emoluments as defined in paragraph 4.1. above.

5 · 1. A Government servant retiring in accordance with the provisions of the CCS(Pension) Rules, 1972 before completing qualifying service of ten years shall not be entitled to pension but he shall continue to be entitled to service gratuity in terms of Rule 49(1) of the CCS(Pension) rules, 1972.

5 · 2. Linkage of full pension with 33 years of qualifying service shall be dispensed with. Once a Government servant has rendered the minimum qualifying service of twenty years, pension shall be paid at 50% of the emoluments or average emoluments received during the last 10 months, whichever is more beneficial to him.

5 · 3. In cases where Government servant becomes entitled to pension on completion of 10 years of qualifying service in accordance with Rule 49(2) of the CCS(Pension) Rules, 1972, pension in those cases shall also be paid at 50% of the emoluments or average emoluments, whichever is more beneficial to the Government servant.

5 · 4. The revised provisions for calculation of pension in para 5.2. and para 5.3. above shall come into force with effect from the date of issue of this OM and shall be applicable to Government servants retiring on or after that date. The government servants who have retired on or after 1/1/2006 but before the date of issue of this OM will continue to be governed by the Rules/orders which were in force immediately before coming into effect of these orders.

5 · 5. The amount of pension shall be subject to a minimum of Rs.3500/- and maximum upto 50% of highest pay

5 · 6. The provisions of clauses (a) to (c ) of sub-rule (2) of Rule 49 of the Pension Rules shall stand modified to the extent mentioned in para 5.1. to para 5.5. above. The other provisions contained in Rule 49 shall continue to apply.

5 · 7. The quantum of pension available to the old pensioners shall be increased as follows:-

6 · 1. The maximum limit of all kinds of gratuity shall be Rs.10 lakh. Accordingly, first proviso under Rule 50(1)(b) of Pension Rules shall stand modified to the effect that the amount of retirement, gratuity or death gratuity payable under this Rule shall in no case exceed Rs.10 lakh.

7 · 1. In view of revised provisions for computation of pension in para 5 above, the extant benefit of adding years of qualifying service for the purpose of computation of pension shall stand withdrawn with effect from the date of issue of this OM. Rule 29, 29-A, 30, 48-B and 48-C of the CCS(Pension) Rules, 1972 shall stand modified to this extent.

8 · 1. Family pension shall be calculated at a uniform rate of 30 % of basic pay in all cases and shall be subject to a minimum of Rs.3500/-/-p.m. and maximum of 30% of the highest pay in the Government. (The highest pay in the Government is Rs.90,000 since 1/1/2006). Rule 54(2) relating to Family Pension, 1964 under Pension Rules shall stand modified to this extent.

8 · 2. The enhanced family pension under Rule 54(3)(a) (i) shall be payable to the family of a Government servant who dies in service from the date of death of the Government servant for a period of ten years, without any upper age limit. Rule 54(3)(a)(i) shall stand modified tot his extent. There will be no change in the period for payment of enhanced family pension to the family in the case of death of a pensioner.

8 · 3. The quantum of family pension available to the old family pensioners shall be increased as follows:-

8 · 4. For the purpose grant of Family Pension, the 'Family' shall be categorized as under:-

8 · 5. The dependency criteria for the purpose of family pension shall be the minimum family pension along with dearness relief thereon.

8 · 6 The childless widow of a deceased Government employee shall continue to be paid family pension even after her remarriage subject to the condition that the family pension shall cease once her independent income from all other sources becomes equal to or higher than the minimum prescribed family pension in the central Government. The family pensioner in such cases would be required to give a declaration regarding her income from other sources to the pension disbursing authority every six months.

9 · 1. A Government servant shall continue to be entitled to commute for a lumpsum payment up to 40% of his pension.

9 · 2. The existing Table of Commutation Value for Pension Annexed to the CCS (Commutation of Pension) Rules, 1981 shall be substituted by a new Table at Annex-I of this O.M.

9 · 3. The revised Table of Commutation Value for Pension will be used for all commutations of pension which become absolute after the date of issue of this O.M. In the case of those pensioners, in whose case commutation of pension became absolute on or after 1/1/2006 but before the issue of this O.M., the pre-revised Table of Commutation Value for pension will be used for payment of commutation of pension based on pre-revised pay/pension. Such pensioners shall have an option to commute the amount of pension that has become additionally commutable on account of retrospective revision of pay/pension on implementation of the recommendations of the Sixth Central Pay Commission. On exercising such an option by the pensioner, the revised Table of Commutation Value for pension will be used for the commutation of the additional amount of pension that has become commutable on account of retrospective revision of pay/pension. In all cases where the date of retirement/commutation of the additional amount of pension that has become commutable on account of retrospective revision of pay/pension. In all cases where the date of retirement/commutation of pension is on or after the date of issue of this O.M., the revised Table of Commutation Value for pension will be used for commutation of entire pension.

9 · 3.1. Provisions of CCS(Commutation of Pension) Rules, 1981 shall stand modified in accordance with para 9.2. and 9.3 above.

10 · 1. In the case of pensioners who retired on disability pension under the CCS(Extraordinary) Pension Rules, 1939 for 100% disability (where the individual is completely dependent on somebody else for day to day functions), a Constant Attendant Allowance of Rs. 3000/- p.m. shall be allowed in addition to the disability pension, on the lines existing in Defence Forces. The CCS(Extraordinary) Pension Rules, 1939 shall stand modified to this extent.

3 · These orders apply to (i) All Civilian Central Government Pensioners/Family Pensioners (ii) The Armed Forces Pensioners/family pensioners, Civilian Pensioners/family pensioners paid out of the Defence Service Estimates, (iii) All India Service pensioners/family pensioners (iv) Railway pensioners/family pensioners and (v) The Burma Civilian pensioners/family pensioners and pensioners/family of displaced Government pensioners from Pakistan, who are Indian Nationals but receiving pension/family pension on behalf of Government of Pakistan, who are in receipt of ad-hoc ex-gratia allowance of Rs.1275/- p.m. in terms of this Department's O.M. No. 23/1/97-P&PW(B) dated 23/2/1998.

4 · Central Government employees who had drawn lumpsum amount on absorption in a PSU/Autonomous Body and have become eligible for the restoration of 1/3rd commuted portion of pension as well as revision of the restored amount in terms of this Department's O.M. No. 4/59/97-P&PW(D) dated 14/7/1998 will also be entitled to the payment of revised rates as per the table given above of Dearness Relief w.e.f. 1/1/2006 on the full pension/family pension i.e. the revised pension/family pension which the absorbed employee would have received on the date of restoration had he not drawn lumpsum payment on absorption and Dearness pension subject to fulfillment of the conditions laid down in para 5 of the O.M. dated 14/7/1998. In this connection instructions contained in this Department's O.M. No. 4/29/99 -P&PW (D) dated 12/7/2000, O.M. No. 4/31/2000-P&PW(D) dated 16/1/2001 and O.M. No. 4/79/2006 -P&PW(D) dated 6/9/2007 and O.M. No. 4/38/2008 P&PW (D) dated 12/9/2008, refers.

5 · The other categories of CPF beneficiaries, their widows and diseased children who are in receipt of ex-gratia payment in terms of this Department's O.M. No. 45/52/97 -P&PW(E) dated 16/12/1997 will continue to be governed by the said O.M.

6 · Payment of DR involving a fraction of a rupee shall be rounded off to the next higher rupee.

7 · Other provisions governing grant of DR in respect of employed family pensioners and re-employed Central Government Pensioners will be regulated in accordance with the provisions contained in this Department's O.M. No. 45/73/97P&PW (G) dated 2/7/1999. The provisions relating to regulation of DR where pensioner is in receipt of more than one pension will remain unchanged.

8 · In the case of retired Supreme Court and High Court Judges necessary orders will be issued by the Department of Justice separately.

9 · It will be the responsibility of the pension disbursing authority including the nationalized banks, etc. to calculate the quantum of DR payable in each individual case.

10 · The offices of Accountant General and Authorized Public Sector Banks are requested to arrange payment of relief to pensioner etc. on the basis of above instructions without waiting for any further instructions from the Comptroller and Auditor General of India and the Reserve Bank of India in view of letter no. 528 – TA, II/34-80-II dated 23/4/1981 of the Comptroller and Auditor General of India addressed to all Accountant Generals and Reserve Bank of India Circular No. GANB No. 2958/GA -64 (ii) (CGL)/81 dated the 21 st May, 1981 addressed to State Bank of India and its subsidiaries and all Nationalized Banks.

11 · In their application to the pensioners/family pensioners belonging to Indian Audit and Accounts Department these orders issue in consultation with the C&AG.

12 · The issues with the concurrence of Ministry of Finance, Department of Expenditure vide their U.O. No. 1(4) EV/2004 dated 9/9/2008

3 · Instructions issued vide letter no.14021/7/2008 -AIS(II) dated 26 th September, 2008

2 · The applicability of the provisions of aforesaid Office Memorandum of the Department of Pension & Pensioners' Welfare to the members of All India Services has been considered. It has been decided that the provisions contained in the aforesaid Office Memorandum issued by the Department of Pension & Pensioners' shall be equally applicable Mutatis-Mutandis to members of All India Service governed by the AIS (DCRB) Rules, 1958.

2 · It is impressed upon all the Ministries/Departments of the Government of India to keep in view the above clarifications while disposing of the cases of revision of pension/family pension. They are also advised to dispose the representations received by them from pensioners on the above issues without referring them to this Department.

3 · This issues with the concurrence of Ministry of Finance (Department of Expenditure) vide their I.C. U.O. No.4.2/22/2008 -IC dated 30.09.2008.

5 · In case any information regarding date of birth, scale of pay or the qualifying service, etc. is not available with the bank, the bank may obtain the requisite information from the concerned Pay and Accounts Officer/CPAO. It will be the responsibility of the concerned Pay and Accounts Officer/CPAO to provide the information from the available records within two weeks of the receipt of request from the bank.

7 · CGA/CPAO will devise their own monitoring mechanism to ensure that enhanced pension and arrears are disbursed to all civil/pensioners/family pensioners by 30.11.2008 positively. Similarly instructions may be issued by Ministry of Defence and Ministry of Railways to their concerned Accounts Department accordingly.

2 · A number of references are being received in this Department in this respect. The matter has been reviewed in consultation with the Ministry of Finance (Department of Expenditure). It has now been decided that the provision for payment of pension at 50% of the emoluments (pay last drawn) or 50% of average emoluments received during the last 10 months, whichever is more beneficial to the retiring employee, shall be applicable to all Government servants retiring on or after 1.1.2006. However, only those Government servants, who retired during 1.1.2006 to 1.9.2008 after completion of 33 years of qualifying service, will be eligible for full pension and the pension of those Government servants, who retired during 1.1.2006 to 1.9.2008 with qualifying service of less than 33 years, will continue to be proportionate to the full pension based on their actual qualifying service.

3 · This issues with the concurrence of Ministry of Finance (Department of Expenditure) vide their I.C. U.O. No.4.2/22/2008 -IC dated 8.12.2008.

4 · Instructions issued vide letter No. 25014/2/2002 -AIS(II) Dated 16 th January, 2009

1 · ACTION IN STATE AsG/STATE GOVERNMENTS

2 · Allotment of PPO slots by Central Pension Accounting office

3 · Preparation and submission of Budget Estimates to CPAO

4 · Processing of Pension Cases:

5 · Role of CPAO:

6 · New system of directly crediting the pension in respect of AIS-officers

7 · Role of Banks

3 · PPO No.

4 · Service to which belongs: a)IAS (b)IPS (C) IFS

8 · Office Name/Address with telephone NO, E-mail address:

9 · Scale of Pay/last pay drawn:

2 · A number of references have been received in this Department seeking clarifications in regard to various issues relating to commutation of pension in case a pensioner opts for commutation of pension that has become additionally commutable on account of retrospective revision of pay/pension. The matter has been examined in consultation with the Ministry of Finance (Department of Expenditure) and the following clarifications are issued in this regard:

5 · This issue with the concurrence of Ministry of Finance (Department of Expenditure) vide their UO No. 43/EV/2009 dated 13/2/2009

2 · References have been received in this Department seeking clarifications on some provisions of the aforesaid O.Ms. The matter has been considered in consultation with the Ministry of Finance, Department of Expenditure and the following clarifications are issued in this regard:

2 · It is impressed upon all the Ministries/Departments of the Government of India to keep in view the above clarifications while disposing of the cases of revision of pension/family pension. They are also advised to dispose the representations received by them from pensioners on the above issues without referring them to this Department.

3 · This issues with the concurrence of Ministry of Finance (Department of Expenditure) vide their I.C. U.O. No. 191/EV/2009 dated 14.5.2009.

2 · Accordingly, in cases where the information in Annexure-III has been received by the Pay and Accounts Officer from the Pension Disbursing Banks etc., he should verify the same and issue a revised authority for payment of pension. In case there is any discrepancy in the revision of pension by the Bank, the bank should be informed by the Pay and Accounts Officer immediately for making necessary adjustment. In cases where the information in Annexure-III has not been received by the Pay and Accounts Officer from the Bank, the Pay and Accounts Officer should issue revised authority for payment of pension based on the PPO/available records and send it to Bank for making the payment of revised pension accordingly.

3 · In the aforesaid OM dated 14.10.2008, it was provided that in case any information regarding date of birth, scale of pay or the qualifying service, etc. was not available with the bank, the bank may obtain the requisite information from the concerned Pay and Accounts Officer/CPAO. It would be the responsibility of the concerned Pay and Accounts Officer/CPAO to provide the information from the available records within two weeks of the receipt of request from the bank.

4 · The matter regarding the methodology to be adopted for payment of additional pension to old pensioners/family pensioners in cases where the date of birth is not available in the PPO as well as in the office records of CPAO/Pay and Accounts Office had been under consideration in consultation with the Controller General of Accounts and the Ministry of Finance. It has now been decided that in case the exact date of birth is not available either in the PPO or in the office records but an indication regarding the age of pensioner/family pensioner is available in the office record, the additional pension/family pension shall be paid from the 1st January of the year following the year in which the pensioner/family pensioner has completed the age of 80 years, 85 years, etc. based on PPO/office records. For example, if the records show that the pensioner/family pensioner has already completed the age of 80 years/85 years as on 1 st January, 2008, he shall be allowed additional pension/family pension from 1 st January, 2008.

5 · In case neither the exact date of birth nor the age is available either in the PPO or in the office records, the Pension Disbursing Authority/Bank will send an intimation to the pensioner/family pensioner about the non-availability of the information regarding date of birth/age and request him to submit four copies of any of the following documents, duly attested by a Gazetted officer/MLA to the Pension Disbursing Authority:

6 · The Pension Disbursing Authority/Bank will make payment of additional pension/family pension in the above manner, on provisional basis, up to a period of three months from the month in which the proof of age/date of birth is submitted by the pensioner/family pensioner. In such cases, the Pension Disbursing Authority/Bank will immediately send one copy each of the document submitted by the pensioner/family pensioner to the Pay and Account Officer/CPAO for formal authorisation of the additional pension/family pension. The Pension Disbursing Authority/Bank will make payment of additional pension/family pension beyond a period of three months only on receipt of such an authorisation from the Pay and Account Officer.

7 · In case the pensioner/family pensioner is unable to submit any of the documents mentioned in para 5 above but claims additional pension based on some other documentary evidence, such cases will be submitted to the administrative Ministry. If the administrative Ministry is satisfied about the claim of the pensioner/family pensioner, it will authorise additional pension/family pension accordingly. The decision of the Administrative Ministry in this regard will be final.

8 · It is impressed upon all the Ministries/Departments of the Government of India and the pension disbursing authorities to keep in view the above decisions while disposing of the cases of payment of additional pension/family pension. CGA/CPAO are requested to advise all Pension disbursing/sanctioning authorities to take suitable action in accordance with the above instructions/guidelines. Similarly instructions may be issued by Ministry of Defence and Ministry of Railways to their concerned Accounts Department accordingly.

9 · This issues with the concurrence of Ministry of Finance (Department of Expenditure) vide their I.C. U.O. No. 185/EV/2009 dated 4.5.2009.

2 · The Deptt. of Pension and PW has received representations that implementation of instructions contained in OM dated 15.9.2008 is resulting in drop in the total amount of 1/3rd restored pension plus DR in comparison to total amount of the 1/3rd restored pension plus admissible DP & DR as drawn by pensioners.

3 · The President is pleased to decide that such absorbees, whose pre-revised 1/3 restored pension plus admissible DP and DR as on 1.9.2008 works out to be more than the amount of the revised 1/3rd restorable pension plus DR on the implementation of the Government's decision on the recommendations of the Sixth Central Pay Commission in terms of instructions contained in OM dated 15.9.2008, shall continue to draw the pre-revised pension plus DP plus DR admissible in terms of orders existed prior to issue of the OM dated 15.9.2008 till such time the restored amount of revised pension in terms of instruction contained in OM dated 15.9.2008 plus admissible DR works out to be more than the pre revised 1/3 rd restored pension.

4 · The Administrative Ministries/ Departments are therefore directed to ensure that wherever the restored amount of the revised pension plus DR of such absorbees, in terms of instructions contained in OM dated 15.9.2008, becomes less than 1/3rd pre revised restored pension plus admissible DP & DR as already drawn, the absorbed employees should be allowed to draw the pensionary benefits admissible to them till such time restored amount of the revised pension in terms of instructions contained in OM dated 15.09.2008 plus admissible DR works out to be more than pre revised 1/3 rd restored pension plus admissible DP & DR as on 01.09.2008. Necessary entries in the PPOs to this effect shall be made accordingly.

5 · This issues with the concurrence of Ministry of Finance (Department of Expenditure) vide their UO No.106/EV/2009 dated 18.05.2009 and C&AG's U.O.No.30 Audit (Rules)/12-2009 dated 5.5.2009.

2 · The matter has been examined further. Considering the difficulty in producing any of the above mentioned documents as proof of age by the old pensioners, particularly those in the rural areas, it has been decided that the Voters' ID Card may also be accepted as proof of date of birth/age for payment of additional pension/family pension on completion of 80 years and above subject to the following conditions:

3 · The other conditions for acceptance of the documents, as mentioned in the OM dated 21.5.2009, will remain the same.

5 · It is impressed upon all the Ministries/Departments of the Government of India and the pension disbursing authorities to keep in view the above instructions while disposing of the cases of payment of additional pension/family pension. CGA/CPAO are requested to advise all Pension disbursing/sanctioning authorities to take suitable action in accordance with the above instructions/guidelines and to make suitable entry regarding date of birth in the PPO . Similarly instructions may be issued by Ministry of Defence and Ministry of Railways to their concerned Accounts Department accordingly.

3 · This issues with the concurrence of Ministry of Finance (Department of Expenditure) vide their. U.O. No. 284/ EV/2009 dated 10.8.2009.

4 · In their application to the employees of the Indian Audit and Accounts Departments, these orders issue in consultation with the Comptroller & Auditor General.

2 · This matter has been reconsidered by the Government. In partial modification of the instructions/order issued in this respect, it has now been decided that linkage of full pension with 33 years of qualifying service shall be dispensed with, with effect from 1.1.2006 instead of 2.9.2008. The revised provisions for calculation of pension in para 5.2 and 5.3 of the OM No.38/37/08-P&PW(A) dated 2.9.2008 shall come into force with effect from 1.1.2006 and shall be applicable to the Government servants retired/retiring after that date. Para 5.4 will further stand modified to that extent.

5 · Instructions issued vide DOPT's letter no.25014/14/2001 -AIS (II) dated 8 th September, 2009

2 · The New Pension Scheme will work on a defined contribution basis and will have two tiers – Tier I and II. Contribution to Tier I will be mandatory for all members of All India Services joining the All India Service on or after 1/1/2004, whereas Tier II will be optional and at the discretion of members of All India Service.

3 · In Tier I, members of All India Service will make a contribution of 10% of his/her basic pay plus DA, which will be deducted from his/her salary bill every month by the DTO/TO concerned. The Government will also make an equal matching contribution..

4 · Tier I contributions (and the investment returns) will be kept in a nonwithdrawable pension Tier I account. Tier II contributions will be kept in a separate account that will be available for withdrawal at the option of the member of the Service. Government will not make any contribution to Tier II account.

5 · A member of the service can exit at or after the age of 60 years from the Tier I of the scheme. At exit, it would be mandatory for him/her to invest 40 percent of pension wealth to purchase an annuity (from an IRDA regulated Life Insurance Company), which will provide for pension for the lifetime of the employee and his dependent parents/spouse. In the case of members of the All India Service who leave the Scheme before attaining the age of 60, the mandatory annuitisation would be 80% of the pension wealth.

6 · Recoveries towards Tier I contribution will start from the salary of the month following the month in which the member of the service has joined service. No recovery will be made for the month of joining.

7 · As the existing provisions of Defined Benefit Pension and GPF would not be available to new members of All India Service joining All India Service on or after 1/1/2004, in case any GPF deduction has been made then it would have to be refunded to the concerned All India Service Officers.

8 · Deduction towards Group Insurance will, however, continue to be made from the salary of new members of the All India Service joining the service on or after 1/1/2004.

9 · The State Service officers appointed to the IAS/IPS/IFS by way of promotion/selection, who are already covered under the old pension scheme will continue to be governed by the old pension scheme.

10 · The pension funds of members of the All India Service would be managed by pension fund managers nominated by the Pension Fund Regulatory Development Authority (PFRDA) and the records would be maintained by a Central Record Keeping Agency, the National Security Depository Limited (NSDL).

11 · All State governments would be required to designate a State Nodal Officer (SNO) at the State capital for all NPS related activities. District Treasury Officer (DTO)/Treasury Officer (TO) would be entrusted the responsibility of deducting the amount of employee's

12 · The amount and contribution details from each of the TO would be consolidated for all subscribers by the designated State Nodal Officer at the State capital. The SNO would also compile and consolidate Employers contribution.

13 · The designated officer in the State Nodal Office would prepare and upload the Subscriber Contribution file (SCF) on CRA system; transfer funds to the Trustee Bank and send information to Department of Personnel & Training for control purposes.

20 · After uploading is completed, SNO will get Transaction ID and draw the total amount by minus crediting the head mentioned above either by cheque in favour of the Trustee Bank or remit the amount through RTGS/NEFT. SNO will also ensure the amount of contributions booked is duly tallied with the Subscriber's Contribution File (SCF) being uploaded in the NPSCAN and the same amount is drawn in the Cheque and passed on to the Trustee Bank.

21 · The SNO/TO would have to maintain the Alphabetical Index Register in Annexure V wherein they would have to indicate the PRAN numbers allotted to each of the subscriber; the particulars of remittances of contributions to the Trustee bank in the Proforma prescribed vide Annexure VI; and the individual-wise account indicating the amounts of contributions paid to the Trustee Bank and the details of remittance.(vide Annexure VII).

22 · In order to enable NSDL to carry out reconciliation and credit the amounts against the individuals' accounts, Treasury Officers/ SNOs will have to ensure that their TO Registration numbers / SNO Registration numbers respectively and the month to which the contributions pertain /Transaction ID in NPSCAN are mentioned in the NEFT / RTGS application form (in the 'Remarks' column) to be submitted to their banker. Where payments are made through cheques in favour of the Trustee Bank, these particulars would have to be furnished on the reverse of the cheque as well as in the forwarding letter. The time schedule prescribed will have to be strictly adhered to by SNOs, TOs and DDOs.

23 · The SNO along with the State Government would have to ensure that arrears of contributions both of Government and Subscribers, are recovered and transferred to the trustee bank within a definite time span. If the contributions have been recovered but kept elsewhere, then also they must be transferred immediately to the Trustee Bank.

24 · If the State Governments decide to recover the contributions in instalments, it may be ensured that the instalments of Government contributions drawn and transferred to the fund do not exceed the individual's contributions.

25 · In the case of post 01.01.2004 entrants into the service, whose contributions to NPS are yet to be deducted, the State Government may consider deducting their contribution (arrears from 01.01.2004 or from their date of entry into service) from the second instalment of arrears of revision of pay due on account of the 6 th Pay Commission recommendations. Further the pay arrears may be released only after individual application forms for registration to the New Pension Scheme have been obtained by the DDO/SNO from the concerned member of the service.

26 · Whenever any member of the service is transferred from one office to another or goes on Central deputation etc, the TO will indicate in the Last Pay Certificate of the member of the service, the PRAN in respect of that individual and the month up to which his contributions have been recovered/ drawn.

27 · Accountant Generals/Finance Departments of all State Governments are requested to bring these instructions to the notice of their TOs\DDOs\ SNOs for strict compliance.

7 · Instructions issued vide DOPT's letter.No. 25014/14/2001 -AIS(II)Dated 10th February, 2010

8 · Instructions issued vide DOPT's letter no. 25014/2/2002 -AIS(II) Dated 5 th April, 2010

9 · Instructions issued vide DOPT's letter no. 25014/7/2010 -AIS(II) dated 7 th April, 2010

2 · The provisions contained in the aforesaid Office Memorandum of the Department of Pension & Pensioners' Welfare are equally applicable MutatisMutandis to members of All India Services.

2 · On introduction of the New Pension Scheme, among others, the Central Civil Services (Pension) Rules, 1972 and the Central Civil Services (Extraordinary Pension) Rules were amended on 30/12/2003. Under the amended Rules, the benefits of Invalid Pension/Disability Pension and family Pension/Extraordinary Family Pension/Liberalised Pensionary Award relief are not available to the Government servants appointed on or after 1/1/2004.

3 · Ministry of Finance (Department of Economic Affairs) has subsequently clarified that the New Pension Scheme is a replacement for only pension under normal circumstances and family pension in case of death of employees after retirement.

4 · A high Level Task Force (HLTF) constituted by the Government has recommended certain additional benefits that can be provided on death or discharge on invalidation/disability of a Government servant covered by the New Pension Scheme. It is likely to take some time before the rules regulating these benefits under the New Pension System are put in place.

5 · Meanwhile, considering the hardships being faced by the employees appointed on or after 1/1/2004 who are discharged on invalidation/disablement and by the families of such employees who have died during service since 1/1/2004, the President is pleased to extend the following benefits to Central Civil Government Servants covered by the New Pension Scheme, on provisional basis till further orders:

6 · The above provisional payments will be adjusted against the payments to be made in accordance with the rules framed on the recommendations of the HLTF and recoveries, if any, will be made from the future payments to be made on the basis of those rules.

7 · The recommendations of the HLTF envisage payment of various benefits on death/discharge of a Government employee after adjustment of the monthly-annuitised pension from the accumulated funds in the NPS Account of the employee. Therefore, no payment of monthly annuitized pension will be made to the employee/family of the employee during the period he/she is in receipt of the provisional benefits mentioned in para 5 above.

8 · IN cases where, on discharge/death of the employee, the amount of accumulated funds in the NPS Account have been paid to the employee/family of the employee, the amount of monthly-annuitised pension from the date of discharge/death will be worked out in accordance with the rules/regulations to be notified by the Department of Financial Services/PFRDA and the same will be adjusted against the payment of benefits/relief after the notified rules in this respect are in place.

9 · These instructions will be applicable to those Government servants who joined Government service on or after 1/1/2004 and will take effect from the same date i.e. 1/1/2004.

10 · This order issues with the concurrence of Ministry of Finance (Department of Expenditure) vide their UO No. 127/EV/2009 dated 13/4/2009.

2 · The matter has been further reviewed and it has now been decided that there will be no ceiling for grant of ex-gratia lump sum compensation in terms of Department of Pension & Pensioners' Welfare's OM No. OM 45/55/97 -P&PW(C) dated 11 th September, 1998 read with OM No.38/37/08 -P&PW(A) dated 2 nd September, 2008 and OM No.45/7/2008 -P&PW (F) dated 16 th March, 2009.

4 · The Administrative Ministries/ Departments are therefore directed to ensure that wherever the restored amount of the revised pension plus DR of such absorbees, in terms of instructions contained in OM dated 15.9.2008, becomes less than 1/3rd pre revised restored pension plus admissible DP & DR as already drawn, the absorbed employees should be allowed to draw the pensionary benefits admissible to them till such time restored amount of the revised pension in terms of instructions contained in OM dated 15.09.2008 plus admissible DR works out to be more than pre revised 1/3 rd restored pension plus admissible DP & DR as on 01.09.2008. Necessary entries in the PPOs to this effect shall be made accordingly. 6. This issues with the concurrence of Ministry of Finance (Department of Expenditure) vide their UO No.106/EV/2009 dated 18.05.2009 and C&AG's U.O.No.30 Audit (Rules)/12-2009 dated 5.5.2009.

2 · These orders apply to Central Government Employees governed by the CCS (Pension) Rules, 1972. Separate orders will be issued by the Ministry of Defence, Ministry of Railways and the AIS Division of the DOPT in respect of Armed Forces personnel, Railway employees and the officers of All India services respectively on the basis of these orders.

3 · 1 Save as otherwise mentioned in these orders, the revised provisions as per these orders shall apply to Government servants who retire/die in harness on or after 1.1.2006. Separate order have been issued in respect of employees who retired/died before 1.1.2006.

3 · 2 Where pension/family pension/Gratuity/Commutation of pension, etc has already been sanctioned in cases occurring on or after 1.1.2006, the same shall be revised in terms of these orders. In cases where pension has been finally sanctioned on the pre-revised orders and if it happens to be more beneficial than the pension becoming due under these order, the pension already sanctioned shall not be revised to the disadvantage of the pensioner in view of Rule 70 of the CCS (Pension) Rules, 1972.

4 · 1 The term 'Emoluments' for purposes of calculating various pensionary benefits other than various kinds of Gratuity shall have the same meaning as in Rule 33 of the Central Civil Services (Pension) Rules, 1972.

4 · 2 Basic pay in the revised pay structure means the pay drawn in the prescribed pay band plus the applicable grade pay but does not include any other type of pay like special pay, etc.

4 · 3 In the case of all kinds of Gratuity, DA admissible on the date of retirement/death shall continue to be treated as emoluments along with the emoluments as defined in Paragraph 4.1 above.

5 · 1 A Government servant retiring in accordance with the provisions of the CCS(Pension) Rules, 1972 before completing qualifying service of ten years shall not be entitled to pension but he shall continue to be entitled to service gratuity in terms of Rule 49(1) of the CCS(Pension) Rules, 1972.

5 · 2 A Government servant retiring in accordance with the provisions of the CCS(Pension) Rules, 1972 after completing qualifying service of not less than twenty years shall be entitled to pension calculated at fifty percent of emoluments or average emoluments whichever is more beneficial to him.

5 · 3 A Government servant who, -

5 · 4 A Government servant who retires on attaining the age of superannuation from a service or post:

5 · 5 The amount of pension in the case of a Government servant who has completed qualifying service of not less than ten years and is allowed to retire on Invalid Pension in terms of Rule 38 of the CCS(Pension) Rules shall be fifty percent of emoluments or average emoluments whichever is more beneficial to the Government servant

5 · 6 In any other case not covered by the provisions in para 5.3 to 5.5 above, where a Government servant retires in accordance with the provisions of the CCS(Pension) Rules, 1972 before completing qualifying service of twenty years but after completing qualifying service of ten years, the amount of pension shall be proportionate to the amount of pension admissible on completion of qualifying service of twenty years, in terms of para 5.2 above.

5 · 7 The revised provisions for calculation of pension in para 5.2 to para 5.6 above shall come into force with effect from the date of issue of this O.M. and shall be applicable to Government servants retiring on or after that date.

5 · 8 The amount of pension shall be subject to a minimum of Rs.3500/and maximum upto 50% of highest pay in the Government (The highest pay in the Govt. is Rs 90,000 since 1.1.2006).

5 · 9 The provisions of clauses (a) to (c) of sub-rule (2) of Rule 49 of the Pension Rules shall stand modified to the extent mentioned in para 5.1 to para 5.8 above. The other provisions contained in Rule 49 shall continue to apply.

5 · 10 The quantum of pension available to the old pensioners shall be increased as follows: -

6 · 1 The maximum limit of all kinds of gratuity shall be Rs. 10 lakh. Accordingly, first proviso under Rule 50(1)(b) of Pension Rules shall stand modified to the effect that the amount of retirement gratuity or death gratuity payable under this Rule shall in no case exceed Rs. 10 lakh.

7 · 1 In view of revised provisions for computation of pension in para 5 above, the extant benefit of adding years of qualifying service for the purpose of computation of pension shall stand withdrawn with effect from the date of issue of this O.M. Rules 29, 29 -A, 30, 48-B and 48-C of the CCS(Pension) Rules, 1972 shall stand modified to this extent.

8 · 1 Family pension shall be calculated at a uniform rate of 30% of basic pay in the appropriate pay band plus grade pay in all cases and shall be subject to a minimum of Rs.3500/ -p.m. and maximum of 30% of the highest pay in the Government. (The highest pay in the Govt. is Rs.90,000 since 1.1.2006). Rule 54(2) relating to Family Pension, 1964 under Pension Rules shall stand modified to this extent.

8 · 2 The enhanced family pension under Rule 54(3)(a)(i) shall be payable to the family of a Government servant who dies in service from the date of death of the Government servant for a period of ten years, without any upper age limit. Rule 54(3)(a)(i) shall stand modified to this extent. There will be no change in the period for payment of enhanced family pension to the family in the case of death of a pensioner.

8 · 3 The quantum of family pension available to the old family pensioners shall be increased as follows: -

8 · 4 For the purpose grant of Family Pension, the 'Family' shall be categorised as under:

8 · 5 The dependency criteria for the purpose of family pension shall be the minimum family pension along with dearness relief thereon.

8 · 6 The childless widow of a deceased Government employee shall continue to be paid family pension even after her remarriage subject to the condition that the family pension shall cease once her independent income from all other sources becomes equal to or higher than the minimum prescribed family pension in the Central Government. The family pensioner in such cases would be required to give a declaration regarding her income from other sources to the pension disbursing authority every six months.

9 · 1 A Government servant shall continue to be entitled to commute for a lumpsum payment up to 40% of his pension.

9 · 2 The existing Table of Commutation Value for Pension Annexed to the CCS (Commutation of Pension) Rules, 1981 shall be substituted by a new Table at Annex. I of this O.M.

9 · 3 The revised Table of Commutation Value for Pension will be used for all commutations of pension which become absolute after the date of issue of this O.M. In the case of those pensioners, in whose case commutation of pension became absolute on or after 1.1.2006 but before the issue of this OM, the pre-revised Table of Commutation Value for Pension will be used for payment of commutation of pension based on pre-revised pay/pension. Such pensioners shall have an option to commute the amount of pension that has become additionally commutable on account of

9 · 4 Provisions of CCS (Commutation of Pension) Rules, 1981 shall stand modified in accordance with para 9.2 and 9.3 above.

10 · 1 In the case of pensioners who retired on disability pension under the CCS (Extraordinary) Pension Rules, 1939, for 100% disability (where the individual is completely dependent on somebody else for day to day functions), a Constant Attendant Allowance of Rs. 3000/ -p.m. shall be allowed in addition to the disability pension, on the lines existing in Defence Forces. The CCS (Extraordinary) Pension Rules, 1939 shall stand modified to this extent.

11 · 1 In terms of Department of Pension & PW O.M.No.45/55/97-P&PW(C) dated 11.9.1998, an ex gratia lump sum compensation is available to the families of Central Government Civilian employees, who die in the performance of their bona fide official duties under various circumstances. The amount of this ex -gratia lump sum compensation shall be revised as under:

12 · For the purpose of computing average emoluments in the case of Government servants who have opted for fixation of pay in the revised Pay Band and retire within 10 months from the date of coming over to the revised Pay Band, basic pay for 10 months period preceding retirement shall be calculated by taking into account pay as follows:

13 · The pension and death-cum-retirement gratuity of those, who have elected to continue to draw pay in the pre-revised scale of pay in terms of Rule 5 of the Central Civil Services (Revised Pay) Rules, 2008 and have retired or will be retiring after 01.01.2006, shall be regulated as follows:

14 · Formal amendments to CCS (Pension) Rules, 1972, CCS (Extraordinary) Pension Rules, 1939 and CCS (Commutation of Pension) Rules, 1981 in terms of the decisions contained in this order will issue in due course. Provisions of the CCS (Pension) Rules 1972, CCS (Extraordinary) Pension Rules, 1939, and CCS(Commutation of Pension) Rules, 1981 which are not specifically modified by these orders, will remain unaffected.

15 · The pension/family pension in terms of these orders will qualify for dearness relief beyond average AICPI 536 under the revised pattern being introduced on the recommendations of the Sixth Central Pay Commission.

16 · These orders issue with approval of the Ministry of finance Department of Expenditure vide their U.O. No………………………… dated ………………………….

17 · In their application to the employees of the Indian Audit and Accounts Department, these orders issue in consultation with Comptroller and Auditor General of India.

18 · Ministry of Agriculture etc. are requested to bring the contents of these orders to the notice of Controller of Accounts/Pay and Accounts Officers and Attached and Subordinate Offices under them on a top priority basis.

2 · The matter has been further reviewed and it has now been decided that there will be no ceiling for grant of ex-gratia lump sum compensation in terms of Department of Pension & Pensioners' Welfare's OM No. OM 45/55/97 -P&PW(C) dated 11 th September, 1998 read with OM No.38/37/08 -P&PW(A) dated 2 nd September, 2008 and OM No.45/7/2008 -P&PW (F) dated 16 th March, 2009.

4 · All other terms and conditions in the O.M. dated 11th September, 1998 shall remain unchanged.

5 · This issues with the concurrence of the Ministry of Finance, Department of Expenditure U.O. No. 361/EV/2010 dated 4 th June, 2010 .

6 · In so far as persons serving in the Indian Audit & Accounts Department, these orders issue after consultation with the Comptroller & Auditor General of India.