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

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

9 · Inserted vide DOP&T Notification No. 29018/16/2013-AIS(II) (GSR 492E dated 12/07/2013) Substitutedlinserted 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) 329

3 · General Conditions:- 3(1) Future good conduct of the pensioners is an implied condition of every grant of pension and its continuance: 3(2) The Central Government may withhold or withdraw any pension or any part of it, for a specified period or indefinitely, on a reference from the State Government concerned, if after retirement a pensioner is convicted of a serious crime or be guilty of grave misconduct: 17Provided that no such order shall be passed without consulting the Union Public Service Commission. 3(3) The decision of the Central Government on any question of withholding or withdrawing the whole or any part of the pension under sub-rule (2) shall be final: 184. Limitations: - (1) A member of the service cannot earn two pensions in the same post at the same time or by the same continuous service. (2) Except as provided in sub-rule (4) of rule 8, a member of service who, having retired on a superannuation pension or retiring pension, is subsequently reemployed shall not be entitled to a separate pension or gratuity for the period of his re-employment:

5 · Removal, Dismissal or Resignation from Service. 5(1) No retirement benefits may be granted to a person who has been dismissed or removed from the Service or who has resigned from the Service: Provided that; if the circumstances of the case SO warrant the State Government may grant to a person who has been dismissed or removed from the Service a compassionate allowance not exceeding two-thirds of the retirement benefits which would have been admissible to him if he had been invalidated and not dismissed or removed from the Service. 195(1A)() The Central Government may permit a member of service to withdraw his resignation in the public interest on the following conditions, namely (a) that the resignation was tendered by the a member of service for some compelling reasons which did not involve any reflection on his integrity, efficiency or conduct and the request for withdrawal of the resignation has been made as a result of a material change in the circumstances which originally compelled him/her to tender the resignation; (b) that during the period intervening between the date on which the resignation became effective and the date from which the request for withdrawal was made; the conduct of the member concerned was in no way improper; (c) that the period of absence from duty between the date on which the resignation became effective and the date on which the member is allowed to resume duty as a result of permission to withdraw the resignation is not more than ninety days; (d) that the post; which was vacated by the member of service on the acceptance of his/her resignation or any other comparable post; is available

19 · Inserted vide DOP&T Notification No. 24012/10/2010-AIS(II)(A) (G.S.R: No. 585(E) dt 28.07.2011). 332

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 1st 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) Substituted vide MHA Notification No. 29/7/63-AIS(II) dated 25th March; 1964. 25 Substituted vide Notification No_ 25011/19/91-AIS(II) dated 26.05.1993.(GSR No. 308, dt: 19.6.93)_ Inserted vide DP &AR Notification No. 25011/22/82-AIS(II) dated 16.7.83. (GSR No. 557 dt: 30.0719.83) 333

9 · Counting of periods of leave as qualifying service: 489(1) All periods of leave with allowances and extraordinary leave granted on the basis of medical certificate shall count as qualifying service: Provided that the Central Government may, in any case in which it is satisfied that the extraordinary leave was taken by a member of the Service for any cause beyond the control of such member or for prosecuting higher 49studies in the field of science, technology, finance, economics, law or other social sciences, direct that such extraordinary leave shall be counted as qualifying service. 9(2) Leave granted by foreign employer to a member of the Service while on foreign service out of India under sub-rule (1) of rule 27 of the Leave Rule shall be treated as leave and not as duty and shall qualify for pension subject to the provision of sub-rule(1)

10 · Counting of period of deputation or leave outside India for purposes of qualifying service 10(1) Where a member of the Service is deputed out of India on duty, the whole period of his absence from India on such deputation shall count as qualifying service. 10(2) Where a member of the service on leave out of India is employed, or is detained on duty out of India after the termination of his leave, the period of such employment or detention shall count as qualifying service: Provided that the periods of deputation converted into leave shall count for purposes of qualifying service as leave and not as deputation 10(3) Time spent on journey to India by a member of the Service who is recalled to duty before the expiry of any duty sanctioned leave out of India counts as qualifying service. 11. Periods not qualifying as service for pension The following periods of service of a member of the Service do not count as qualifying service for pension: 5011(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: Provided that where a member of the Service has not been fully exonerated in the disciplinary proceedings or the suspension has not been held to be wholly unjustified, the period of suspension shall count as qualifying service only to such extent and in accordance with such directions as the competent authority may issue under rules 5, 5A or 5B of the All India Services (Discipline and Appeal) rules, 1969,

11 · (2) Leave other than leave which counts as qualifying service under rule 9_ 11(3) Unauthorised absence in continuation of authorised leave or absence or joining time. 12. Condonation of Interruption in service. 5112(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. 12(2) In a case falling under sub-rules (2), (5) or (6) of rule 8_ where service rendered by a member of the Service under a State Government or the Central Government prior to his appointment to the Service is counted as qualifying service under the said rule and an interruption in service is inevitable due to the two appointments being at different stations, such interruption not exceeding the joining time permissible under the rules of transfer , shall be treated as automatically condoned: 12(3) In a case where war or military service is counted as qualifying service for pension under sub-rule (4) of rule 8, the interruption if any; in such service as well as any interruption between such service and subsequent civil service shall be treated as automatically condoned: 12(4) The period or periods of interruptions referred to in sub-rules (1) to (3) shall not count as qualifying service. 13. Invalid gratuity or pension: - 13(1) Where the Government has reason to believe that a member of the Service is suffering from: (a) a contagious disease or (b) a physical or mental disability which in its opinion interferes with the efficient discharge of his duties: It may direct him to undergo medical examination with a view to retire him from service on invalid gratuity or pension, as the case may be. A member of the Service also may, if he feels that he is not in a fit state of health to discharge his duties, apply to the Government for retirement on invalid gratuity or pension as the case may be. 13(2) An invalid gratuity or pension and death-cum-retirement gratuity where admissible shall be granted to a member of the Service who having appeared under the direction of the Government or on his own application before a duly, constituted Medical Board, is certified that Medical Board, by bodily or mental infirmity, to be permanently incapacitated for further service. 52The family of a member of the service who retires or is retired under this rule shall be entitled to the benefits of the family pension as laid down in Rule 22 [ omitteds3 ]_ 5413(2A) Notwithstanding anything contained in sub rule (2), relief against rise in the cost of living index shall be granted to every such member

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(IIJ(A) (G.S.R 612(E) dt 09.08.2011). Substituted vide DP&AR Notification No. 28/8/72-AIS(II) dt 30.9.72 342

7617 · . Retiring Pension and gratuity - 1761) A retiring pension and death-cum-retirement gratuity shall be granted to a member of the Service who retires or is required to retire under rule 16. 7717(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

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),

18 · 2 An Indian Civil Service member of the Indian Administrative Service shall be entitled to receive an annuity of Rs.13,333.33; Provided that if any such member opts for the death-cum-retirement gratuity scheme, his annuity shall be reduced by the annuity equivalent amount of gratuity; 82Provided that the amount of invalid pension shall not be less than the amount of family pension admissible under sub-rule (2)(iii) of rule 2283. 84Note: A member of the service retired from service before the 1 st day of January; 1986 shall be granted such additional relief in pension as may be sanctioned by the Central Government:

8519 · Retirement or Death gratuity- 1) Subject to the provisions of rule 14, a member of the Service who retires or is retired under rule 13 or 1686 and has on the date of such retirement completed 5 years qualifying service may be granted a death-cum-retirement gratuity not exceeding the amount specified in sub-rule (3). (2) If a member of the Service 87[ ] dies while in service, a death-cum-retirement gratuity not exceeding the amount specified in sub-rule (3) may be paid to the person or persons on whom the right to receive such gratuity is conferred under rule 21 and, if there is no such person, it may be paid in the manner indicated below: If there are one or more surviving members of the family as in items () , (ii) and (iii) of clause (a) of sub-rule (1) of rule 21, it may be paid to all such

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/lnserted vide DP&T Notification No. 25011/12/87-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) 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 Deleted vide MHA Notification No. 29/5/67-AIS(II) dt 1.9.68 346

12 · times of emoluments:

9419A · 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; 95interest 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: 19A(2) If as a result of Government's decision taken subsequent to the retirement of a member of the Service, the amount of gratuity or death-cum-retirement gratuity already paid on his retirement is enhanced on account of: grant of emoluments higher than the emoluments on which gratuity or death cum retirement gratuity was determined; or (ii) liberalisation in the provisions of these rules from a date prior to the date of retirement of the member of the Service concerned, no interest on the arrears of the gratuity or death-cum-retirement gratuity shall be paid. 9619-B. Deposit Linked Insurance Scheme for members of the services- On the death of the member of the service 9on or before 30th Sept,, 91 and to whom rule 19BB does not apply the persons entitled to receive the amount standing to his credit in the Provident Fund under the AlI India Services (Provident Fund) Rules, 1955, shall be sanctioned an additional amount equal to the average balance in the said account during the three years immediately preceding the death of such members, subject to the fulfilment of the following conditions, namely: - (a) the balance in the said account should not have fallen below Rs.400098 at any time during the said period of three years:

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 Substituted vide DP&T Notification No. 25011/14.84-AIS(II) dt 31.5.85 Substituted vide DP&T Notification No_ 25011/37/80-AIS(II) dt 26.2.81 (GSR No. 276 dt 14.3.81) Inserted vide DP&T Notification No. 25011/25/89 AIS(II) dt 2.7.90 Substitutedlinserted vide Notification No.25011/37/80-AIS(II) dated 26.02.1981 (GSR No.276 dt: 14.03.1981) 348

103 · Inserted vide DOP&T Notification No. 25011/06/2000-AIS(IIJ(A) (G.SR 385(E) dt 08.05.2003). 350

104 · Substituted vide DOP&T Notification No. 29018/16/2013-AIS(II) (GSR 492E dated 12/07/2013) 352

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: Provided that in no case a family pension in excess of the maximum prescribed under this rule shall be allowed. 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 Age of family pensioner Additional family pension From 80 years to less 85 years 20% of basic family pension From 85 years to less 90 years 30% of basic family pension From 90 years to less 95 years 40%/ of basic family pension From 95 years to less 100 years 50% of basic family pension 100 years or more 100% of basic family pension

15 · Where a female member of service or male member of service dies leaving behind a judicially separated husband or widow and no child or children, the family pension in respect of the deceased shall be payable to the person surviving

11026 · Acceptance of employment after retirement: 1) A pensioner shall not accept any commercial employment before the expiry of M11one year from the date of his retirement; except with the previous sanction of the Central Government by submitting an application in Schedule L'. If a pensioner accepts a commercial employment without such sanction, it shall be competent for the Central Government to declare by an order in writing that he shall not be entitled to the whole or such part of the pension and for such period as may be specified in the order: Provided that the previous sanction may be granted by the State Government concerned on whose cadre the member of the service is borne and who is not holding a post higher than a post in the pay scale of Rs.22400-24500/- and has not worked under the Central Government during the preceding I12hree years prior to his retirement form the service. Provided further that no such order shall be made without giving the pensioner concerned an opportunity of showing cause against such declaration: 113F 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. 26013/2/2O06A/S(II) dated 12/1/2007 112 substituted vide notification no. 2601 3/3/2006-AIS(II) , dated 12/1/2007 . 113 Inserted vide notification no. 23013/11/2005-AIS(II), dated 8/3/2007. 361

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) 362

116 · Substituted vide notification no. 26013/3/2006-AIS(II), dated 12/1/2007 363

117 · Inserted vide DP&T Notification No. 25011/24/97-AIS(IIJA dt 19.12.97 (GSR No. 717E dt 9.12.97) 364

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) 365

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 30.1.76 366

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 31.12.62 367

3 · | 4

124 · Substituted vide MHA Notification No. 29/7/60-AIS(Il) dt 31.12.62 368

19 · at .

125 · Substituted vide MHA Notification No. 29/7/60-AIS(II) dt 31.12.62 369

19 · at

126 · Substituted vide MHA Notification No. 29/7/60-AIS(II) dt 31.12.62 127 The words may be omitted where inapplicable 370

128 · Inserted vide DP&AR Notificatiion No. 25011/7/82-AIS(II) dt 24.3.83 129 The words may be omitted where inapplicable 371

130 · (iii) Superannuation pension or gratuity State Government. under sub-rule (4) of rule 16 and death-cum-retirement benefits where admissible. (iv) Retiring pension under rule 17@ State Government: 131 [read with rule 16(2)16(2A) and death-cum-retirement gratuity where admissible.

134 · "Schedule L"

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 linsertedlmodified 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 372

3 · Ministry/Department/Office in which the officer served during the last three years preceding retirement (with duration):

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 375

1 · 2

2 · 2

2 · 4

1 · The undersigned is directed to refer to this Ministry's Office Memorandum No.11(6)-EV(A)73, dated 22nd July,; 1974 on the above subject (copy enclosed) in which it was clarified that the payment of provisional pension to the retiring Government servants against whom departmentalljudicial proceedings had been instituted or are continued is mandatory under rule 65 and 74 of the Central Civil Services (Pension) Rules, 1972. It has been brought to the notice of this Ministry that in spite of this clarification provisional pension is not being authorised by some Heads of Officers where departmental/judicial proceedings are pending against a retiring Government servant: Since non-payment to such Government servants; and the Heads of Offices have no discretion in this matter, it is again emphasised that the provisional pension must be sanctioned in all such cases in accordance with the rules: Non-compliance with this rule will be viewed seriously by Government: 2. Rules 65 and 74 ibid inter-alia 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: It has been reported that the discretion vested in the Heads of Offices by these rules which lay down the ceiling for provisional pension, is being used by them to pay less than 100 per cent of the admissible pension: The matter has been considered and it has been decided that even in cases covered by the above mentioned mentioned rules 100 per cent pension; which is otherwise admissible to the Government servants should be authorised as provisional pension; as in cases of normal retirement: No gratuity shall however be paid at this stage. 3. The instructions contained in Office Memorandum No_ 14(3)EV(AJ/76, dated 28th February; 1976 that provisional pension will become final after six months if not otherwise finalised, will not apply to the provisional pension granted in cases where departmental or judicial proceedings are pending: In these cases the pension can be finalised only after the proceedings are concluded and decision taken in the light of these proceedings: 4_ In SO far as persons serving in the India Audit and Accounts Department are concerned these orders have been issued after consultation with the Comptroller and Auditor General of India.

2 · The Government of India have also decided that in case where an officer is entitled in respect of the "War Service" rendered between 3rd September , 1939, and 1st 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 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 384

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). [G.I,, MHA letter No. 29/63/60-AIS (Il), dated the 24th December,1960.] 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. [G.IL, MHA letter No. 29/68/61-AIS (Il), dated the 7h April, 1962.] 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 IASIIPS and eventual confirmation in it. This is subject to the other conditions laid down in the said proviso. [G.L, MHA letter No. F. 29/29/63-AIS(II), dated the 14th February, 1964.] 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 satisfactory paid whole time enlisted or Commissioned "War Service between the 3rd September, 1939 and the 1st 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 18th May, 1962. [G.I. MHA letter No. 29/51/63-AIS(II) , dated the 16th August; 1963.] 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 IASIIPS 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. [G.I,, MHA letter No. 29/66/61-AIS-(Il) dated the 7h April, 1962.]

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 3rd 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): [G.L, MHA letter No: 29/51/65-AIS(II), dated the 22nd December, 1965.] 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: [MHA letter No. 31/42/73-AIS(II) , dated the 11th January, 1974.] 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 6th November; 1978 and 26th 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:- States where accounts have not been separated from Audit or the simplified procedure of payment of salaries to Gazetted Officers, as in the Central Government has not been introduced. It will be the responsibility of Accountant General to verify the service rendered by a member of an All India Service on completion of 20 years of service and communicate the result of verification to the officer concerned: In States where Accounts have been transferred from Audit or where accounts have not been transferred, but the simplified procedure of payment of salaries to Gazetted officers, as in the Central Government have been introduced: It will be the responsibilities of the State GovernmentIUnion Territory Administration to verify the service rendered by a member of the service on completion of 20 years of service, in consultation with the Accountant General concerned, if found necessary, and communicate the result of verification to the officer concerned. [DP & AR letter No. 25011/48/78-AIS(II), dated the 18h September, 1979.] 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 AIl 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 andlor 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 bronelthe 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 AlI 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 AlI 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_ [DP & AR Letter No. 25011/37/77-AIS(II), dated the 7h October; 1978.]

21 · Period of deputation to Foreign Service to developing countries, International Organisations etc. would be regulated by the instructions issued by the Ministry of Finance, Ministry of External Affairs and Ministry of Personnel: The question of regulating the period of foreign service of members of All India Services, who are permitted to go on foreign service to the developing countries of Asia, Africa, and Latin America; for the purpose of pension; has been under the consideration of this Development: It has been decided that members of All India Services who are permitted to go on deputation to these countries by registering their names in the Foreign Assignment Section of the Department of Personnel and AR: will be governed by the orders contained in the Ministry of Finance OM No.1(14)-E.III(B)71 , dated the 13th December, 1971,, the 7th January; 1974 and No: 1(14)-E.III(B)76, dated the 7th December 1976. The period of foreign service rendered by members of the Service who are deputed for assignment to developing countries under the Indian Technical and Economic Cooperation Programme of the Ministry of External Affairs will be regulated for the purpose of pension, in accordance with the orders issued by the Ministry of External Affairs. 2. Member of AllIndia Services, who are deputed for service under the International Organisations like the U.N. Secretariat or other United Nations Bodies, such as L.MF. I.B.RD. etc., or the Commonwealth Secretariat; will be governed by the orders contained in the Department of Personnel & AR: letter No. 25011/52/76-AIS(II) , dated the 2nd March, 1977 and No. 25011/14/75-AIS(II) daed the 26th September, 1975.

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: Copy of Office Memorandum No.F.1(16)-E.III(B)/66, dated the 5th November; 1966, Ministry of Finance, Department of Expenditure regarding Deputation of Central Government Servants on foreign service with United Nations Bodies Participation in the U.N Pension Fund Scheme: 1. According to the Ministry of Home Affairs' Office Memorandum No: 2/52/53-AIS() , dated the 24th August; 1953, read with this Ministry's Office Memorandum No. 1(47)-E.IV(A)/6O, dated the 18th October 1960, officers of All India Services and Central Services deputed on foreign service to International Organisations like the United Nations SecretariatlFood and Agriculture Organsiation/International Labour Orgz anisation, 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. 392

4 · In cases of any problemldispute 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: [Instruction issued vide Fno. 25014/2/2002-AIS(II) dated 11/4/2007]

1 · Name

2 · Designation 3. Date of Birth

4 · Date of entry in the Govt. service 5. Date of retirement 6_ Length of qualifying service reckoned for pension/gratuity (as indicated in PPO) 7 . Emoluments drawn during the last 10 months 8 (1) Average emoluments for pension (as indicated in PPO) (2) Pension admissible Calculations to be shown as follows:

3 · After the revised pension/family pension has been calculated in accordance with the methods indicated in (A);, (B) and (C) above, the highest of the three shall be granted as revised pension with effect from 1-1-1996. 4_ All other terms and conditions contained in OM; dated 3-2-2000 [Decision (1) above shall remain unchanged. 5. This issues with the concurrence of the Ministry of Finance, Department of Expenditure vide their U.O. No. 355/E. V/2O01 dated 26-6-2001_ [G]: Dept. of P. & P.W: No. 45/22/97-P & P.W. (C), dated the 11th September, 2001. ]

3 · Former I.C.S: who were in service on 1.1.64, and who have opted for the scheme of DCR Gratuity introduced vide M/O Home Affairs Letter No29/20/61-AIS(II) dated the 7th December; 1965, may be allowed an option to come under the revised family pension scheme as applicable to the Central Govt: Servants: The Government of India have decided that the members of the former I.C.S: who were in service on 1.1.64, and who have opted for the scheme of DCR Gratuity introduced vide MO Home Affairs Letter No29/20/61-AIS(II) dated the 7th December, 1965, may be allowed an option to come under the revised family pension scheme as applicable to the Central Govt. Servants. 2 The orders regarding the revised family pension scheme contained in the Ministry of Finance O.M: No F.9(16)-EV/63, dated the 31st December, 1965, shall apply mutatis mutandis to the I.C.S. officers who were in service on 1.1.1964 and who opt for both the D.C.R. gratuity and revised family pension schemes. 3 The L.C.S: officers concerned; including those who have retired on or after 1.1.1964, were required to exercise their option in the matter in writing in the prescribed proforma within 6 months from the date of issue of these orders (8.12.1965). The option once exercised shall be final: 4_ Those who failed to opt for the schemes within the specified period would not be entitled to any benefits of this scheme, as conditions of service of the I.C.S. officer are different in this respect as compared with those of other services. 5. The officers who were in service on 1.1.1964 but have died thereafter shall be deemed to have opted for the revised family pension scheme and their families should be allowed benefits admissible under it. [G.L, MHA letter No: 29/6/65-AIS(II) , dated the 8th December, 1965]

2 · The officers had to exercise option for the above mentioned orders within 6 months from 1st January, 1964. Those who failed to opt out of the scheme within the stipulated period would be deemed to have opted for it Those who have been appointed to the Service after 1st January, 1964 or would be appointed subsequently would automatically be covered by the revised scheme and would not be required to exercise the option: 3_ The officers who have retired on or after the 1st January, 1964 or the families of those officers who have died while in service after this date are also eligible for the benefit of the revised scheme. In their cases Accountants General have to work out whether the old scheme as laid down in Rule 22 of the AIS(DCRB) Rules, 1958 or the new scheme laid down in Rule 22B is more beneficial to them: Accordingly, they should be deemed to have exercised their option for the old or the new scheme, as the case may be. [G.L, MHA letter No.F.29/74/63-AIS(II), dated 25.2.64]

6 · Benefit to Government servant in the event of his being invalided out of service on account of injury C5 Grant of Disability Pension: (a) Disability Pension for cases covered under Category 'D (1) Disability Pension comprising a service element equal to the retiring pension and gratuity to which the employee would have been entitled to on the basis of his pay on the date of invalidation but counting service up to the date on which he would have retired in the normal course and disability element equal in amount to normal family pension subject to the condition that the aggregate of the service and disability element shall not be less that 80% of the pay last drawn, for 100% disability: (2) For lower percentage of disability, the disability element shall be proportionately lower as at present: (b) Disability Pension for cases coverd under Category E (1) Disability pension, comprising a service element equal to the retiring pension and gratuity to which the employee would have been entitled to on the basis of his pay on the date of invalidation but counting service up to the date on which he would have retired in normal course and disability element equal in amount to the pay last drawn subject to the condition that the aggregate of the service and disability elements shall not exceed the pay last drawn; for 100% disability. (2) For lower percentage of disability, the disability element shall be proportionately lower as at present: The extent of disability or functional incapacity shall be determined in the following manner for purposes of computing the disability element forming part of benefits: --

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

15 · 16 17 18 19 20

00471732 · .00475242 .00478911 .00482604 .00486170 .00489705

46 · 47 48 49 50

00685763 · .00697478 .00709629 .00722304 .00735539

21 · 22 23 24 25

00493425 · .00497370 00501551 .00505986 .00510711

51 · 52 53 54 55

00749383 · .00763891 .00779068 .00794944 .00811588

26 · 27 28 29 30

00515735 · .00521044 00526648 .00532588 .00538879

56 · 57 58 59 60

31 · 32 33 34

00545532 · .00552586 .00560069 .00567982 430

61 · 62 63 64

00928264 · .00950790 .00974405 .00999134

36 · 37 38 39 40

00585008 · .00593983 00603239 .00612737 .00622483

66 · 67 68 69 70

01051930 · .01080167 .01109777 .01140868 .01173582

41 · 42 43 44 45

00632463 · .00642615 .00652957 .00663558 .00674469

71 · 72 74 75

01207896 · .01243851 01281669 .01321462 .01363359

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 (AJ/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: ANNEXURE TO DEPARTMENT OF PENSION & PENSIONERS WELFARE O.M NO. 45/55/97-P&PW(C) DATED 11TH SEPTEMBER, 1998 Conditions governing the payment of ex gratia lumpsum compensation and guidelines to be observed 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 violence- related incidents over the years, Central Government Civilian employees on duty could become unwitting victims of bomb blasts in public places or vehicles, indiscriminate shooting

9 · Employment of AlI India Services pensioner in a nationalised bank and State Bank of India and its subsidiaries will not amount to acceptance of commercial employment [DP&AR File No. 18/19/73-AIS(II) :] 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 AIl 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: - 1) Where the management of a private company is taken over by a public financial institution/State Governmentl Central Government; the appointment of a retired member of an All India Service as Chairman/Director/Managing Director by the public financial institution of the Government should be construed as employment under a corporation controlled by Government" , as envisaged in explanation below rule 26(1) ibid. Such an employment will not amount to commercial employment and the officer concerned will not require to obtain prior permission of the Central Government: 2 Where a public financial institution/Government appoints a retired member of an All India Service as Chairman/Director/Managing Director in a company; whose management continues in private hands, such employment will technically fall in the purview of expression commercial employment" . It is, however; not necessary to treat such employment on par with normal commercial employment as it is the Government or the public financial institution as the case may be, that seeks to protest its interest through appointment of the retired member of the service as a nominee Director. The retired officer would be an appointee of the institution or the Government though he would receive his pay or free from the private company: In such cases, approval of the Central Government for permitting the officer to accept the appointment in question under rule 26(1) of All India Service (DCRB) Rules, 1958, could be presumed [DP& AR letter No. 26014/17/77-AIS(II) , dated 4.1.1978]. 1) While forwarding applications from individual offices for permission to accept commercial employment during leave preparatory to retirement or after retirement; the State Government/Ministry may clearly specify whether they are satisfied that each of the following criteria is fulfilled, viz. Has the officer while in service had any such dealing with the proposed employer as might create the suspicion that he had shown favour to the latter? (ii) Will his commercial duties be such that his official knowledge and experience could be used to give the employer an unfair advantage? iii) Will his duties be such has might bring him into conflict with Government? (iv) Is the proposed employment of a thoroughly reputable kind? Are there any exceptional circumstances which would make the refusal of consent a real hardship? They may also indicate the salary which the officer excepts to receive on accepting commercial employment; [G.I,, Ministry of Home Affairs letter No: 11/20/59-AIS(I) , dated the 7th August, 1959.] (2) It has been decided that an All India Service Pensioner , who wants permission to take up commercial employment under rule 26 of AIS(DCRB) Rules, 1958, will have to indicate in his application the details of posts held by him under the Central Government

2 · In so far as members of Indian Forest Service borne on the Union Territories Cadre are concerned, instructions will be issued separately. [DIP&AR letter No.25011/4/83-AIS(III) , dated the 11th July, 1984]

1 · The Government of India have decided that; in regard to matters specified in sub- rule (4), the procedure contained in Part X of the Civil Services Regulations; et se will apply. [G.I.MHA letter No.20/10/61-AIS(II) dated the 21st February, 1961] 2. that members of AIS non-Asiatic domicile cannot be permitted to draw pension in sterling: It was decided that members of AIS non-Asiatic domicile cannot be permitted to draw pension in sterling: They will have to make their own arrangements for remittance of pension through normal banking channels: [G.I. MHA F.No.29/36/62-AIS(II)]

3 · State Governments; instead of invoking Article 282 may, in individual cases make recommendations to the Government of India for relaxation of DCRB Rules for sanction Of ex-gratia grants: Instances have come to the notice of the Government of India when State Government in exercise of their extraordinary powers in terms of Article 282 of the Constitution, sanctioned exgratia grants to the families of AIS officers dying in harness, the Attorney General of India and the Ministry of Law, who were consulted by the Government of India, opined that though the State Government were fully competent to determine "public purpose' within the meaning of Article 282 and their action is not justifiable but any grant excess of those provided by the rules would, serve an individual purpose and not a public purpose: It would; therefore, be advisable that the State Governments, instead of invoking Article 282 may; in individual cases make recommendations to the Government of India for relaxation of DCRB Rules: [G.I. MHA F.No.29/52/60-AIS(II) and No.29/30/62-AIS(III)] 4. When a moS completes 20 years of service, the Audit Officer shall verify the service rendered by him in accordance with the rules in force at that time and determine the qualifying service rendered by him and communicate the same to the officer concerned:- A clarification has been sought whether or not the provisions contained in Rule 32 of Central Civil Service(Pension) Rules, 1972, which lays down that when Government servant completes 25 years of service, his service should be verified and the result of the verification should be communicated to him, has been extended to All India Services: Sub-rule(4) of Rule 28 of AIl India Services(DCRB) Rules, 1958 provides that the sanction and payment of retirement benefits to a member of an All India Service shall be regulated by such procedural instructions as may be issued by the Central Government: In pursuance of this rule; the Central Government have decided that when a member of an All India Service completes 20 years of service_ the Audit Officer shall verify the service rendered by him in accordance with the rules in force at that time and determine the qualifying service rendered by him and communicate the same to the officer concerned: This verification is subject to final verification of qualifying service which shall be made, if found necessary, at the time of retirement of a member of the Service. [DP&AR letter No.25011/48/78-AIS(II) , dated the 6th November, 1978] 5. The Central Government have decided that the simplified procedure laid down in the Ministry of Finance OM No.11(3)-EV(A)76, dated the 28th February, 1976 (Annexure

1 · 1 am directed to refer to the Department of P&PW' O.M No.I/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 f age at par with the widowed 1 divorced daughters:

1 · 2. The applicability of the provisions of the aforesaid OM to unmarried daughters of AlI India Service officers 1 AII 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 officersl AIl 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)(Vol Il)dated 25th 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. 45/51/97- P&PW (EJ(Vol.II) dated 25th August; 2004 (copy enclosed) for making the widowedl 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 Servicel Pensioners even after attaining the age of25 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 f 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:

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)/12- 2007 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

2 · Government has received representations for removing the condition of age limit in favour of divorcedlwidowed 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 divorcedwidowed 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 divorcedlwidowed 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:

2 · 1 These orders apply to all pensionerslfamily 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 ruleslorders:

3 · 1

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.

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 pensionersl family pensioners with effect from Ist 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 hisl her original Pension Payment Order (PPO) for issuing revised authority: In case, however; the age of pensionerlfamily pensioner is not available on the PPOloffice records, the same shall be obtained from the pensionerlfamily 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 3Oth 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 · 2. Where pensionl/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 · 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 retirementldeath shall continue to be treated as emoluments along with the emoluments as defined in paragraph 4.1. above

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 Ruleslorders which were in force immediately before coming into effect of these orders_

5 · 5.

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.

8 · 2 The enhanced family pension under Rule 54(3)(a) 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.

8 · 4_

8 · 5.

8 · 6

9 · 2_

9 · 3.

9 · 3.1.

12 ·

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 1/1/2006, shall be regulated as follows:

14 ·

15 ·

16 ·

17 ·

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 top priority basis _ 456

3 · These orders apply to () All Civilian Central Government Pensioners/Family Pensioners (ii) The Armed Forces Pensionerslfamily pensioners; Civilian Pensionerslfamily pensioners paid out of the Defence Service Estimates; (iii) All India Service pensionerslfamily pensioners (iv) Railway pensioners/family pensioners and (v) The Burma Civilian pensioners/family pensioners and pensionerslfamily 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. 23/12 197-P&PW(B) dated 23/2/1998.

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.

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. 45/73/97 - P&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:

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, I1/34-80-Il 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 21st May, 1981 addressed to State Bank of India and its subsidiaries and all Nationalized Banks.

11 · In their application to the pensionerslfamily 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

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.

1 · 9.2008 3.1 In these orders a_ Existing pensioner or Existing Family pensioner means a The 'existing pensioner or existing family pensioner who was drawinglentitled pensioner' would include pensionerlfamily to pension/family pension on pensioner who became entitled to 31.12.2005. pension/family pension We.f: 1.1.2006 consequent on retirementldeath of Government b_ Existing pension means the basic servant on 31.12.2005. pension inclusive of commuted portion, if any, due on 31.12.2005. Similarly, 'existing pension or existing family It covers all classes of pension pension would include a pension/family pension which became due We.f 1.1.2006 consequent under the CCS (Pension) Rules; on retirementldeath of Government servant on 1972 as also Disability Pension 31.12.2005. under the CCS (Extraordinary Pension) Rules and the corresponding rules applicable to Railway employees and Members of AIl India Services. C Existing family pension means the basic family pension drawn on 31.12.2005 under the CCS (Pension) Rules and the corresponding rules applicable to Railway employees and Members of All India Services: 4.2 The fixation of pension will be subject to the The pension calculated at 50% of the minimum provision that the revised pension, in no case, shall of pay in the pay band plus grade pay would be be lower than fifty percent of the sum of the calculated at the minimum of the pay in the minimum of the pay in the pay band and the grade pay band (irrespective of the pre-revised scale pay thereon corresponding to the pre-revised pay of pay) plus the grade pay corresponding to the scale from which the pensioner had retired pre-revised pay scale: For example; if pensioner had retired in the pre-revised scale of pay of Rs. 18400-22400, the corresponding pay band being Rs 37400-67000 and the corresponding grade pay being Rs. 10,000/- p.m: his minimum guaranteed pension would be 50% of Rs. 37,400+Rs: 10,000 (i.e. Rs_ 23,700). A statement indicating the minimum pension corresponding to each of the pre-2006 scales of pay is enclosed at Annexure

4 · 5 The quantum 0f family pension The additional quantum of pensionlfamily available to the old pensioners/ family pension; on attaining the age of 80 years and above, would be admissible from the Ist day of pensioners shall be increased as the month in which his date of birth falls_ For follows:- example; if pensionerlfamily pensioner completes age of 80 years on any date in the Age of Additional month of August;, 2008, he will be entitled to additional pension/family pension We.f: pensionerl quantum of 1.8.2008. Those pensionerslfamily pensioners Family pension whose date of birth is 1st August; will also be pensioner entitled to additional pension/family pension W.e.f. 1.8.2008 on attaining the age of 80 years From 80 20% of revised and above: years (ii) Dearness Relief will also be admissible on to less than 85 basic pension/ the additional quantum of pension available to years family pension the old pensioners, in accordance with the orders issued from time to time_ From 85 years 30% of revised to less than 90 basic pension/ years family pension

100 · years or more

4 · 6 Some of the existing pensioners who Personal pension was discontinued vide retired between 31.3.1985 and 31.12.1985 Department of Pension & PW O.MNo: 45/86/97-P&PW(A) (Pt: IV) dated 21.9.2000. are in receipt of personal pension: The Therefore, this para may be treated as deleted. said personal pension will continue to be granted as a separate element and will not be merged into the pension as consolidated above.

5 · 1 Where the consolidated It was clarified in Department of Pension & PW pension/family pension in terms of O.MNo: 38/38/02-P&PW(A) (Pt: IV) dated 23.4.2003 that in respect of civil and military paragraph 4 above works out to an amount pension, the floor ceiling taking the two pensions less than Rs: 3500/ - the same shall be together will not apply and the individual stepped upto Rs. 3500/-. This will be pensions will be governed by respective pension regarded as pension/family pension with rules_ These instructions would continue to effect from 1.1.2006. In the case of apply in the context of revised floor ceiling of Rs 464

5 · 2 Where the disability pension under It was clarified in Department of Pension & PW the CCS(EOP) Rules, is drawn in addition O.MNo. 45/86/87-P&PW(A) dated 7.8.2001 that the element of disability pension and invalid to invalid pension under the CCS pension may be treated as distinct pensions_ (Pension) Rules, 1972, the minimum limit The invalid pension may continue to be of Rs: 3500/- will apply to total of two regulated as per the CCS (Pension) Rules pensions as indicated in paragraph 5.1. subject to certain minimum amount* and the extraordinary disability pension may continue to Where the disability pension is drawn in be treated as separate element and this isolation, the minimum limit of Rs. 3500/ should be fixed as per the degree of disability: will apply for 100% disability: For lesser This will be subject to the further condition that degree of disability the minimum limit will the amount of disability pension and invalid be proportionately less. pension should in no case exceed the last pay drawn_ These instructions would continue to apply in the context of revised minimum pension of Rs. 3500/-p.m. Para 5.2 will stand modified to this extent. (*certain minimum amount refers to the amount calculated as per the provisions of Rule 49(2)(c) of CCS(Pension) Rules 1972

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:

2 · large number of representations are being received in this Department regarding delay in payment of pension/family pension and arrears to the pre-2006 pensionerslfamily pensioners. The matter has been reviewed in consultation with all concerned including the pension disbursing banks. In this connection, the following revised instructions are issued for implementation by all concerned:

3 · Wherever, the pension is disbursed through Public Sector Banks, the Banks will pay and disburse the pension and arrears in accordance with the ready reckoner and also the additional pension to old pensioners/family pensioners (wherever the date of birth is available in the PPO) within a week from the date of issue of this OM:

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 · . CGACPAO will devise their own monitoring mechanism to ensure that enhanced pension and arrears are disbursed to all civillpensionerslfamily 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:

1 · Government of India would take over the entire pension liabilities of AIS officers who had already retired or would be retiring either from State Government or Central Government.

2 · AIl retiring AIS officers & existing pensioners would uniformly have the option of drawing the pension through the Government of India or through State Government to whose cadre they are borne.

1 · ACTION IN STATE AsGISTATE GOVERNMENTS

4 · Processing of Pension Cases: a) Designated Authority (DA) will process the pension cases as per the provisions of the relevant rules and assess the retirement benefits admissible to retiring officers: b) PPOs must reach this office before one month of the date of retirement of the official concerned: He will forward the signed Special Seal Authorities along with both the copies of the PPOs depicting therein the PPO Nos, to CPAO for necessary action, as laid down in Scheme for Payment of Pensions to Central Civil Pensioners By Authroised Banks: In case of e-PPOs the digitally signed Special Seal Authority may be sent to CPAO. Pensioner's copy (hard copy) will be handed over to the individual direct by the DA d) Commuted Value of Pension (CVP), in case opted for, will be authorized by CPAO and paid through banks in case of Voluntary Retirement cases only: The date of reduced pension starts from the date of Commuted Value has been credited to the pensioner's account: However, once the payment of pension commenced, all further payments as per extant rules such as revised pension, commutation, differential DCRG will be payable by the paying branch on issue of revised authority by CPAO.

1 · 2 3

2 · 3

2071 · 01

101 · 04

102 · 04 04.00.04

104 · 04 04.00.04

105 · 04 04.00.04 115 04 04.00.04

18 · 19

23 · 24

4 · It is impressed upon all the Ministries/Departments of the Government of India to keep in view the above clarification while disposing of the cases of commutation of additional pension: They are also advised to dispose the representations received by them from pensioners on the above issues without referring them to this Department:

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 · 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 · 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:

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 birthlage 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:

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: CGAICPAO are requested to advise all Pension disbursing/sanctioning authorities to take suitable action in accordance with the above instructionslguidelines. Similarly instructions may be issued by Ministry of Defence and Ministry of Railways to their concerned Accounts Department accordingly.

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.

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 birthlage for payment of additional pension/family pension on completion of 80 years and above subject to the following conditions: The pensioner/family pensioner certifies that he is not a matriculate. (The matriculation certificate should be insisted in the case of matriculate pensioners/family pensioners) ii) The pensioner certifies that he does not have any ofthe documents mentioned in para 1 above.

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_ CGACPAO are requested to advise all Pension disbursinglsanctioning authorities to take suitable action in accordance with the above instructionslguidelines 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:

6 · This issues with the concurrence of Ministry of Finance (Department of Expenditure) vide their I.C. U.O. No. 261/EV/2009 dated 9.7.2009.

2 · A concordance table of the pre-1996, pre-2006 and post-2006 pay scaleslpay bands was enclosed as Annexure-I of the OM dated 14.10.2008 490

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.

2 · This matter has been reconsidered by the Government: In partial modification of the instructionslorder 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 f 2.9.2008. The revised provisions for calculation f pension in para 5.2 and 5.3 of the OM No.38/37/08-P&PWA) dated 2.9.2008 shall come into force with effect from 1.1,.2006 and shall be applicable to the Government servants retiredlretiring after that date. Para 5.4 will further stand modified t0 that extent:

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

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

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

5 · A member of the service can exit at or after the age of 60 years from the Tier 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 parentslspouse. 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 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 Benetit 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:

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 · AIl 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:

14 · Immediately on joining the All India Service, each member of the service will be required to provide particulars such as his/her name, designation, scale of pay, date of birth, nominees (s) for the fund; relationship with the nominee etc: in the prescribed form (Annexure-I) The same procedure should be followed for all AIS officers appointed on or after 1.1.2004. Accordingly all AIS officers recruited on or after 1.1.2004 are advised to fill up the registration form at Annexure-| immediately.

15 · The DTO would be responsible for getting the physical registration form filled by all AIS officers and would also fill up their own registration form (DDO registration form) and send it to the State Nodal Officer (SNO): The State Nodal Officer would act as the PAO in the NPSCAN: He would collate the physical registration forms and also fill up the registration form for the PAO and send all these filled forms to NDSL preferably within a month of issuance of these orders. NDSL would process the details and send all the kits to the SNO by the end of October 2009.

16 · On receipt of the Permanent Registration Allotment Number (PRAN) ; the SNO would start the regular uploads and funds transfers After this is done the legacy data would be send in one or maximum two tranche.

17 · For the legacy data, the DDOs would then prepare the arrears-SCF for month wise contribution details and send the same to SNO who will upload the same to NPSCAN and transfer the funds Accounting procedure for the above would be devised by the State Government in consultation with Accountant General.

18 · Payment to Trustee bank: The salary bills and the bills for Government contribution will be passed by TOs after exercising the checks prescribed under financial rules and Treasury Manual. The amount of NPS subscriptions (member' contribution) recovered from the salary bills will be shown under the "Recoveries" column of the salary bill and will be classified under the Head "8342-Other Deposits-00-117-Defined Contribution Pension Scheme' in the State Section of Accounts by opening suitable separate sub-heads thereunder for "01-Government Servants Contributions under Tier-1' and "02-Government's Contribution under Tier-II" . The amount of Government's Contribution shall be debited to "2071-Pension Scheme -01-Civil-117-Contribution for Defined Contribution Pension Scheme-01 Government Contribution _ 00.04-Pensionary Charges' in the Consolidated Fund of the State Government.

19 · After the bills are passed; the SNOs will upload the data relating to contributions (both of members of service's and Government's contributions) into NPSCAN of NDSL and also tally the figures uploaded with that booked: Further, all the accumulated balances under the DCPS would be transferred to the Trustee bank i.e. the Bank of India.

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 RTGSINEFT. 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 SNOITO 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 6th 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 DDOISNO 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 recoveredl drawn:

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

2 · Certain Pension Disbursing Banks to whom the documentary proof of age was submitted by the pensioners/family pensioners have informed that many Pay & Accounts Offices; to whom the same is forwarded as per OM of even number dated 21/5/2009, have not communicated to them their final authorization in accordance with the above instructions. These Banks are, therefore, finding it difficult to continue the payment of additional pension beyond three months in the absence of the formal authorization The PAOs who are receiving the proof of age may get it sanctioned from HOO/HOD as per procedure invariably. In case the pensionerlfamily pensioner is unable to submit any of the documents mentioned in OMs dated 21/5/2009 and 11/8/2009 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 pensionerlfamily pensioner; it will authorize additional pension/family pension accordingly: The decision of the Administrative Ministry in this regard will be final.

3 · CGA is requested to advise all Pay & Accounts Officers to take immediate action for getting the additional pension sanctioned from Head of Office/HODs so that the final authorisation of the additional pension may be done by PAOs:

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

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 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 · 1 Save as otherwise mentioned in these orders, the revised provisions as per these orders shall apply to Government servants who retireldie in harness on or after 1.1.2006. Separate order have been issued in respect of employees who retiredldied 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. 505

4 · 1 The term 'Emoluments' for purposes of calculating various pensionary benefits other than various kinds of Gratuity shall have the same meaning a8 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 retirementldeath 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

5 · 4 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: - Aqe of Pensioner Additional quantum of pension From 80 years to less than 85 20%/ of basic pension years From 85 years to less than 90 30% of basic pension years__ From 90 years to less than 95 40% of basic pension years From 95 years to less than 100 50% of basic pension years 100 years or more 100% f basic pension

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

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 · 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: 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 paylpension. Such pensioners shall have an option to commute the amount of pension that has become additionally commutable on account of 509

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

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:

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: