These rules may be called the Railway Services (Pension) Rules, 1993.
They shall come into force on the date of their publication in the
Official Gazette.
2. Application
Save as otherwise expressly provided in these rules, these rules shall apply
to the following railway servants, namely: -
any Group 'D' railway servant whose service was pensionable before the
introduction of Pension System for Railway Servants on the 16th day of
November, 1957;
any non-pensionable railway servants who was in service on the 16th day of
November, 1957 and who elected to be governed by these rules,
any non-pensionable railway servant who was in service on the 1st day of
January, 1986 and did not opt to be governed by the State Railway Provident
Fund (Contributory) Rules; and
any person entering a railway service on or after the 16th November, 1957,
except a person who is appointed on contract or re-employed after
superannuation or whose terms of appointment specifically provide to the
contrary.
** Provided that nothing contained in these rules shall apply to railway
servants appointed on or after the 1st day of January, 2004.
3. Definition - In these rules unless the context
otherwise requires,
"Accounts Officer" means a Financial Adviser and Chief Accounts
Officer of a railway or such other Officers as may be appointed in this behalf
by the Railway Board;
"allottee" means a railway servant to whom railway or Government
accommodation has been allotted on payment of license fee or otherwise;
"average emoluments"… means average emoluments as determined in
accordance with Rule 50;
"Code" means the Indian Railway Establishment Code, as amended from
time to time;
"child" means son or unmarried daughter of a railway servant under
twenty-five years of age and the expression "children" shall be construed
accordingly;
"dearness relief" means a dearness relief with in the meaning of Rule 75;
"Defence Services" means services under the Government of India in the
Ministry of Defence and the Defence Accounts Department under the control of
the Ministry of Finance Paid out of the Defence Services Estimates and not
permanently subject to the Air Force Act, 1950 (45 of 1950) or the Army Act,
1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957);
"emoluments" means emoluments as defined in Rule 49;
"family pension" means family pension 1964 admissible under Rule 75;
"foreign service" means service in which a railway servant receives his
pay with the sanction of the Government from any source other than the
Consolidated Fund of India or the Consolidated Fund of a State or the
Consolidated Fund of a Union territory;
"Government dues or railway dues" means dues referred to in sub-rule (3)
of rule 15;
"gratuity" includes-
service gratuity payable under sub-rule (1) of Rule 69;
retirement gratuity or death gratuity payable under sub-rule (1) of rule70 and
residuary gratuity payable under sub-rule (2) of Rule 70;
"Head of a department" means any authority whom the President may, by
order, declare to be the Head of a department for the purpose of these rules;
"Head of Office" means a gazetted officer whom the appointing authority
may, by order declare as Head of office and includes such other authority or
person whom the appointing authority may specify in the like manner;
"Local Fund Administered by Government" means the fund administered by a
body which, by law or rule having the force of law, comes under the control of
the Government and over whose expenditure the Government retains complete and
direct control;
"minor" means a person who has not completed the age of eighteen
years:
"pension" includes gratuity except when the term pension is used in contra
distinction to gratuity but does not include dearness relief.
"pension disbursing authority" means-
Branch of a nationalised bank; or
Treasury including sub-treasury or
Post office or sub post office authorised to disburse pension on behalf
of Railways or
Accounts Office
"pension sanctioning authority" means the authority competent to sanction
pension under these rules;
"qualifying service" means service rendered while on duty or otherwise
which shall be taken into account for the purpose of pensions and gratuities
admissible under these rules;
"railway servant" means a person who is a member of a railway service or
holds a post under the administrative control of the Railway Board and
includes a person who is holding the post of Chairman, Financial Commissioner
or a Member of the Railway Board but does not include casual labour or Person
lent from a service or post which is not under the administrative control of
the Railway Board to a service or post which is under such administrative
control;
"retirement benefits" includes pension or service gratuity and retirement
gratuity where admissible;
"service book" includes service roll, if any;
"substitutes" means a person engaged against a regular, permanent or
temporary post by reason of absence on leave or otherwise of a permanent or
temporary railway servant and such substitute shall not be deemed to be a
railway servant unless he is absorbed in the regular railway service;
"Treasury" included a sub-treasury.
4. Meaning of word and expressions not defined in these
rules - Words and expressions used herein and not defined but defined in
the Code shall have meaning respectively assigned to them in that Code.
5. Government servants transferred from services and
posts to which these rules do not apply
A Government servant whose service is pensionable under the Central
Government shall become subject to these rules if he is permanently
transferred to a railway service on or after first day of April, 1957
Where sub-rule (1) applies, any amount paid by such Government servant to
the General Provident Fund or any other non-contributory Provident Fund while
in previous employment, alongwith the interest thereon standing to his credit
shall be transferred to his new account in the State Railway Provident Fund
(non-contributory).
The previous service rendered by such Government servant shall be taken
into account for the purpose of these rules to the extent permissible under
these rules.
NOTE - A temporary Government servant who has been or is likely to be
retrenched from Civil Department and succeeds in securing employment in railway
service while on terminal leave or before their services are actually
terminated, shall also be treated as having been transferred.
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6. Regulation of claims to pension or family pension
Any claim to pension or family pension shall be regulated by the
provisions of these rules in force at the time when a railway servant
retires or is retired or is discharged or is allowed to resign from service
or dies, as the case may be.
The day on which a railway servant retires or is retired or is
discharged or is allowed to resign from service or dies as the case may be,
shall be treated as his last working day.
Provided that in the case of a railway servant who is retired prematurely
or who retires voluntarily under the provisions or
rules 1802 to
1804 of the Code or under the scheme of voluntary retirement after
completing twenty years of qualifying service under
Rule 67, as the
case may be, the date of retirement shall be treated as a non-working day.
7. Limitation on number of pensions
A railway servant shall not earn two pensions in the same service or
post at the same time or by the same continuous service.
Except as provided in
Rule 34, a
railway servant who, having retired on a superannuation pension or retiring
pension is subsequently re-employed shall not be entitled to a separate
pension or gratuity for the period of his re-employment.
8. Pension subject to future good conduct
Future good conduct shall be an implied condition of every grant of
pension and its continuance under these rules.
The appointing authority may, by order in writing, withhold or
withdraw a pension or a part thereof, whether permanently or for a
specified period, if the pensioner is convicted of a serious crime or is
found guilty of grave misconduct.
Provided that where a part of pension is withheld or withdrawn, the
amount of such pension shall not be reduced below the amount of rupees
three hundred and seventy five per mensem.
Where a pensioner is convicted of a serious crime by a court of law,
action under sub-rule (1) shall be taken in the light of the judgment of the
court relating to such conviction.
In a case not falling under sub-rule (2), if the authority referred to
in sub-rule (1) considers that the pensioner is prima facie guilty of grave
misconduct, it shall, before passing an order under the sub-rule (1) -
serve upon the pensioner a notice specifying the action proposed to
be taken against him and the ground on which it is proposed to be taken
and calling upon him to submit , within fifteen days of the receipt of
the notice or such further time not exceeding fifteen days as may be
allowed by the appointing authority, such representation as he may wish
to make against the proposal; and
take into consideration the representation, if any, submitted by the
pensioner under clause (a).
Where the authority competent to pass an order under sub-rule (1) is the
President, the Union Public Service Commission shall be consulted before the
order is passed.
An appeal against an order under sub-rule (1), passed by any authority
other than the President shall lie to the President and the President shall,
in consultation with the Union Public Service Commission, pass such orders
on such appeal, as he deems fit.
Explanation: In this rule the expression
"serious crime" includes a crime involving an offence under the
Official Secrets Act, 1923 (19 of 1923);
"grave misconduct" includes the communication or disclosure of any
secret official code or password or any sketch plan, model, article,
note, documents or information, such as is mentioned in section 5 of the
Official Secrets Act, 1923 (19 of 1923) which was obtained while holding
office under the Government so as to prejudicially affect the interests
of the general public of security of the State.
9. Right of the President to withhold or withdraw
pension.
The President reserves to himself the right of with holding or
withdrawing a pension or gratuity, or both, either in full or in part,
whether permanently or for a specified period, and of ordering recovery from
a pension or gratuity of the whole or part of any pecuniary loss caused to
the Railway, if, in any departmental or judicial proceedings, the pensioner
is found guilty of grave misconduct or negligence during the period of his
service, including service rendered upon re-employment after retirement;
Provided that the Union Public Service Commission shall be consulted
before any final orders are passed.
Provided further that where a part of pension is withheld or withdrawn,
the amount of such pension shall not be reduced below the amount of rupees
three hundred seventy five per mensem.
The departmental proceedings referred to in sub-rue (1)
if instituted while the railway servant was in service whether
before his retirement or during his re-employment, shall after the final
retirement of the railway servant, be deemed to be proceeding under this
rule and shall be continued and concluded by the authority by which they
were commenced in the same manner as if the railway servant had
continued in service.
Provided that where the departmental proceedings are instituted by an
authority subordinate to the President, that authority shall submit a
report recording its findings to the President;
if not institute while the railway servant was in service, whether
before his retirement or during his re-employment
shall not be instituted save with the sanction of the President;
shall not be in respect of any event which took place more than
four years before such institution; and
shall be conducted by such authority and in such place as the
President may direct and in accordance with the procedure applicable
to departmental proceedings in which an order of dismissal from
service could be made in relation to the railway servant during his
service.
In the case of a railway servant who has retired on attaining the age of
superannuation or otherwise and against whom any departmental or judicial
proceedings are instituted or where departmental proceedings are continued
under sub-rule (2), a provisional pension as provided in
Rule 10
Rule 96 shall be sanctioned.
Where the President decides not to withhold or withdraw pension but
orders recovery of pecuniary loss from pension, the recovery shall not
ordinarily be made at a rate exceeding one third of the pension admissible
on the date of retirement of a railway servant.
For the purpose of this rule
departmental proceedings shall be deemed to be instituted on the
date on which the statement of charges is issued to the railway servant
or pensioner, or if the railway servant has been placed under suspension
from an earlier date, on such date; and
judicial proceedings shall be deemed to be instituted
in the case of criminal proceedings, on the date on which the
complaint or report of a Police Officer, of which the Magistrate
takes cognisance, is made; and
in the case of civil proceedings, on the date the plaint is
presented in the Court.
10. Provisional Pension where departmental or judicial
proceedings may be pending.
In respect of a railway servant referred to in sub-rule (3) of
Rule 9,
the Accounts Officer shall authorise the provisional pension not
exceeding the maximum pension which would have been admissible on the
bases of qualifying service up to the date of retirement of the railway
servant or if he was under suspension on the date of retirement, upto
the date immediately preceding the date on which he was placed under
suspension.
The Provisional pension shall be authorised by the Accounts Officer
during the period commencing from the date of retirement upto and
including the date on which, after the conclusion of departmental or
judicial proceedings, final orders are passed by the competent
authority.
No gratuity shall be paid to the railway servant until the
conclusion of the departmental or judicial proceedings and issue of
final orders thereon; provided that where departmental proceedings have
been instituted under the provisions of the Railway Servants Discipline
and Appeal Rules, 1968, for imposing any of the penalties specified in
clauses (i), (ii), (iii a) and (iv) of
Rule 6 of
the said rules, the payment of gratuity shall be authorised to be paid
to the railway servant.
Payment of provisional pension made under sub-rule (1) shall be adjusted
against final retirement benefits sanctioned to such railway servant upon
conclusion of such proceedings but no recovery shall be made where the
pension finally sanctioned is less than the provisional pension or the
pension is reduced or withheld either permanently or for a specified period.
11. Commercial employment after retirement-
If a pensioner who, immediately before his retirement was a member of
Central Service Group 'A' wishes to accept any commercial employment before
the expiry of two years from the date of his retirement, he shall obtain the
previous sanction of the Government to such acceptance by submitting an
application in Form
18{1}:
Provided that a Government servant who was permitted by the Government to
take up a particular form of commercial employment during his leave
preparatory to retirement or during refused leave shall not be required to
obtain subsequent permission for his continuance in such employment after
retirement.
Subject to the provisions of sub-rule (3), the Government may, by order
in writing on an application made under sub-rule (1) by a pensioner, grant,
subject to such condition, if any, as it may deem necessary, permission, or
refuse, for reasons to be recorded in the order, permission to such
pensioner to take up the commercial employment specified in the application.
In granting or refusing permission under sub-rule (2) to a pensioner for
taking up any commercial employment, the Government shall have regard to the
following factors, namely: -
the nature of the employment proposed to be taken up and antecedents
of the employer;
whether his duties in the employment which he proposes to take up
might be such as to bring him into conflict with Government;
whether the pensioner while in service had any such dealing with the
employer under whom he proposes to seek employment as might afford a
reasonable basis for the suspension {assumption} that such
pensioner had shown favour to such employer;
whether the duties of the Commercial employment proposed involve
liaison or contact work with Governments;
whether his commercial duties will be such that his previous
official position or knowledge or experience under Government could be
used to give the proposed employer an unfair advantage;
the emoluments offered by the proposed employer; and
any other relevant factor.
**Where within a period of
sixty days (ninety days)
of the date of receipt of an application under sub-rule (3), the Government
does not communicate the refuse to grant the permission applied for or does
not communicate the refusal to the applicant, the Government shall be deemed
to have granted the permission applied for
Provided that in any case where defective or
insufficient information is furnished by the applicant and it becomes
necessary for Government to seek further clarifications or information or
both from him, the period of sixty days shall be counted from the date on
which the defects have been removed or complete information has been
furnished by the applicant.
Where the Government grants the permission applied for subject to any
conditions or refuses such permission, the applicant may, within thirty days
of the receipt of the order of the Government to that effect, make a
representation against any such condition or refusal and the Government may
make such orders thereon as it deems fit:
Provided that no order other than an order cancelling such condition or
granting such permission without any conditions shall be made under this
sub-rule without giving the pensioner making the representation an
opportunity to show cause against the order proposed to be made.
If any pensioner takes up any commercial employment at any time before
the expiry of two years from the date of his retirement without the prior
permission of the Government or commits a breach of any condition subject to
which permission to take up any commercial employment has been granted to
him under this rule, it shall be competent for the Government to declare by
order in writing and for reasons to be recorded therein that he shall not be
entitled to the whole or such part of the pension and for such periods as
may be specified in the order:
Provided that no such order shall be made without giving the pensioner
concerned an opportunity of showing cause against such declaration:
Provide further that in making any order under this sub-rule, the
Government shall have regard to the following factors, namely: -
the financial circumstances of the pensioner concerned;
the nature of, and the emoluments from, the commercial employment
taken up by the pensioner concerned; and
any other relevant factor.
Every order passed by the Government under is rule shall be communicated
to the pensioner concerned.
In this rule the expression-
"commercial employment" means
an employment in any capacity including that of an agent under a
company, cooperative society, firm or individual engaged in trading,
commercial, industrial, financial or professional business and
includes also a directorship of such company and partnership of such
firm, but does not include employment under a body corporate, wholly
or substantially owned or controlled by the Central Government or a
State Government;
setting up practice, either independently or as a partner of a
firm, as adviser or consultant in matters in respect of which the
pensioner
has no professional qualifications and the matters in
respect of which the practice is to be set up or is carried on
are relatable to his official knowledge or experience, or
has professional qualification but the matters in respect of
which such practice is to be set up are such as are likely to
give his clients an unfair advantage by reason of his previous
official position, or
has to undertake work involving liaison or contact with the
offices or officers of the Government.
Explanation: For the purpose of this rule the expression
"employment" under a cooperative society includes the holding of any
office, whether elective or otherwise such as that of President,
Chairman, Manager, Secretary, Treasurer and the like, by whatever
name called in such society;
"date of retirement", in relation to a railway servant re-employed
after retirement, without any break, either in the same or in another
Group 'A' post under the Government or in any other equivalent post
under a State Government, means the date on which such railway servant
finally ceases to be so re-employed in Government service.
12. Restriction on practice in Income-tax and other
cases after retirement
No pensioner who, while in service was a member of any Group 'A' railway
service retired from a post under the Department of Revenue in the Ministry
of Finance, shall set up practice before the expiry of two years from the
date of his retirement
in any area which was within the local limit of his jurisdiction
during the last three years immediately before his retirement;
in areas other than those referred to in clause (a) without the
previous sanction of the President.
No pension shall be payable to such pensioner who sets up practice in
contravention of subrule (1) in respect of any period for which he has set
up practice or such longer period as the Government may direct.
Explanation: For the purpose of this rule the expressions,
"practice" means practice, either independently or as a partner of a
firm or a consultant or adviser in matters relating to Income-tax,
Wealth tax, duties of customs, duties of Central Excise or estate duty,
or as representative of assesses in proceeding under the enactment
relating to the levy of such tax or duty;
"date of retirement" shall have the same meaning as in explanation
(b) to Rule
11.
13. Employment after retirement under a Government
outside India
If a pensioner who immediately before his retirement was a member of railway
service, Group 'A', wishes to accept any employment under any Government outside
India he shall obtain the previous permission of a Ministry of Railways (Railway
Board), for such acceptance, and no pension shall be payable to a pensioner who
accepts such an employment without proper permission in respect of any period
for which he is so employed or such longer period as the Government may direct;
Provided that a railway servant who was permitted by the Ministry of Railways
(Railway Board) to take up a particular form of employment under any Government
outside India during his leave preparatory to retirement shall not be required
to obtain subsequent permission for his continuance in such employment after
retirement.
Explanation: For the purpose of this rule, the expression "employment under
any Government outside India" includes employment under any local authority or
corporation or any other institution or organisation which functions under the
supervision or control of a Government outside India, or an employment under an
International Organisation of which the Government of India is not a member.
14. Periods which shall not be treated as service for
pensionary benefits - Periods of employment in any of the following
capacities shall not constitute service for pensionary benefits, namely,
in a part-time capacity;
at casual market or daily rates;
in a non-pensionable post;
in a post paid from contingencies except as provided in
Rule 31;
under a covenant or a contract which does not specifically provided for
grant of pensionary benefits;
work done on payment of a fee or honorarium;
Apprentice period of Special Class Apprentices.
first four years of apprenticeship of Special Class
Apprentices (the last two years of apprenticeship shall be treated as a
period of probation);
removal or dismissal from service in accordance with
Rule 40;
resignation from service save as indicated under
Rule 41;
period of unauthorised absence in continuation of authorised joining
time or in continuation of authorised leave of absence treated as overstay,
joining time allowed to a railway servant transferred at his own request
and not in public interest for which he is not entitled to be paid;
period of service treated as dies-non;
foreign service in respect of which the foreign employer or railway
servant has not paid service contributed {contribution}
unless the payment has been specifically waived by the President;
on contract basis except when followed by confirmation.
NOTE: Unpaid holidays, Sundays and short periods of leave for half-a-day or
less granted to railway workshop staff shall be treated as qualifying service.
15. Recovery and adjustment of Government or railway
dues from pensionary benefits
It shall be the duty of the Head of Office to ascertain and assess
Government or railway dues payable by a railway servant due for retirement.
The railway or Government dues as ascertained and assessed, which remain
outstanding till the date of retirement or death of the railway servant,
shall be adjusted against the amount of the retirement gratuity or death
gratuity or terminal gratuity and recovery of the dues against the retiring
railway servant shall be regulated in accordance with the provisions of
sub-rule (4).
For the purposes of this rule, the expression "railway or Government
dues" includes
dues pertaining to railway or Government accommodation including
arrears of license fee, if any;
dues other than those pertaining to railway or Government
accommodation, namely balance of house-building or conveyance or any
other advance, overpayment of pay and allowances, leave salary or other
dues such as Post Office or Life Insurance premia, losses (including
short collection in freight charges shortage in stores) caused to the
Government or the railway as a result if negligence or fraud on the part
of the railway servant while he was in service.
A claim against the railway servant may be on account of all or any
of the following: -
losses (including short collection in freight charges, shortage
in stores) caused to the Government or the railway as a result of
negligence or fraud on the part of the railway servant while he was
in service;
other Government dues such as over-payment on account of pay and
allowances or other dues such as house rent, Post Office or Life
Insurance Premia, or outstanding advance,
non-Government dues.
Recovery of losses specified in sub-clause (a) of clause (i) of this
sub-rule shall be made subject to the conditions laid down in
Rule 8
being satisfied from recurring pensions and also commuted value thereof,
which are governed by the Pension Act, 1871 (23 of 1871). A recovery on
account of item (a) of sub- para (i) which cannot be made in terms of
Rule 8, and any recovery on account of sub-clauses items (b) and (c) of
clause (i) that cannot be made from these even with the consent of the
railway servant, the same shall be recovered from retirement, death,
terminal or service gratuity which are not subject to the Pensions Act,
1871 (23 of 1871). It is permissible to make recovery of Government dues
from the retirement, death, terminal or service gratuity even without
obtaining his consent, or without obtaining the consent of the member of
his family in the case of a deceased railway servant.
Sanction to pensionary benefits shall not be delayed pending
recovery of any outstanding Government dues. If at the time of sanction,
any dues remain unassessed or unrealised the following courses should be
adopted: -
In respect of the dues as mentioned in sub-clause (a) of clause
(i) of this sub-rule. A suitable cash deposit may be taken from the
railway servant or only such portion of the gratuity as may be
considered sufficient, may be held over till the outstanding dues
are assessed and adjusted.
In respect if the dues as mentioned in sub-clause (b) of clause
(i) of this sub-rule-
The retiring railway servant may be asked to furnish a
surety of a suitable permanent railway servant. If the surety
furnished by him is found acceptable, the payment of his pension
or gratuity or his last claim for pay, etc. should not be with
held and the surety shall sign a bond in
Form 2.
If the retiring railway servant is unable or nor willing to
furnish a surety, then action shall be taken as specified in
sub-clause (a) of sub-clause (iii).
The authority-sanctioning pension in each case shall be
competent to accept the surety bond in Form 2 on behalf of the
President.
In respect of the dues as mentioned in sub-clause (c) of clause
(i) The Quasi-Government and non-Government dues, such as amounts
payable by a railway servant to Consumer Cooperative Societies,
Consumer Credit Societies or the dues payable to an autonomous
organisation by a railway servant while on deputation may be
recovered from the retirement gratuity which has become payable to
the retiring railway servant provided he gives his consent for doing
so in writing to the administration.
In all cases referred to in sub-clauses (a) and (b) of clause (i) of
this sub-rule, the amounts which the retiring railway servants are
required to deposit or those which are with held from the gratuity
payable to them shall not be disproportionately large and that such
amount are not with held or the sureties furnished are not bound over
for unduly long periods. To achieve this the following principles should
be observed by all the concerned authorities: -
The cash deposit to be taken or the amount of gratuity to be
withheld should not exceed the estimated amount of the outstanding
dues plus twenty-five per centum thereof.
Dues mentioned in clause (i) of this sub-rule should be assessed
and adjusted within a period of three months from the date of
retirement of the railway servant concerned.
Steps should be taken to see that there is no loss to Government
on account of negligence on the part of the officials concerned
while intimating and processing of a demand. The officials concerned
shall be liable to disciplinary action in not assessing the
Government dues in time and the question whether the recovery of the
irrecoverable amount shall be waived or the recovery made from the
officials held responsible for not assessing the Government dues in
time should be considered on merits.
As soon as proceeding of the nature referred to in
Rule 8
are instituted, the authority which instituted the proceedings
should without delay intimate the fact to the Account Officer.
16. Adjustment and recovery of dues pertaining to
Government or railway accommodation
The Directorate of Estates on receipts of intimation from the Head of
Office under sub-rule (1) or Rule 98 regarding the issue of "No Demand
Certificate" shall scrutinise its records and inform the Head of Office
eight months before the date of retirement of the allottee, if any licence
fee was recoverable from him in respect of the period prior to eight months
of his retirement. If no intimation in regard to recovery of outstanding
licence fee is received by the Head of Office by the stipulated date, it
shall be presumed that no licence fee was recoverable from the allottee in
respect of the period preceding eight months of his retirement.
The Head of Office shall ensure that licence fee for the next eight
months, that is up to the date of retirement of the allotee is recovered
every month from the pay and allowances of the allottee.
Where the Directorate of Estates intimates the amount of licence fee
recoverable in respect of the period mentioned in sub-rule (1), the Head of
Office shall ensure that outstanding licence fee is recovered in instalments
from the current pay and allowances of the allottee and where the entire
amount is not recovered from the pay and allowances, the balance shall be
recovered out of the gratuity before its payment is authorised.
The Directorate of Estates shall also inform the Head of Office the
amount of licence fee for the retention of Government accommodation for the
permissible period of four months beyond the date of retirement of the
allottee. The Head of Office shall adjust the amount of that licence fee
from the amount of the gratuity together with the un-recovered licence fee,
if any, mentioned in sub-rule (3).
If in any particular case, it is not possible for the Directorate of
Estates to determine the outstanding licence fee, that Directorate shall
inform the Head of Office that ten per cent of the gratuity or one thousand
rupees, whichever is less, may be withheld pending receipt of further
information.
The recovery of licence fee for the occupation of the Government
accommodation beyond the permissible period of four months after the date of
retirement if allowed shall be the responsibility of the Directorate of
Estates. Any amount becoming due on account of licence fee for retention of
Government accommodation beyond four months after retirement and remaining
unpaid licence fee may be recovered by the Directorate of Estates through
the concerned Accounts Officer from the dearness relief without the consent
of the pensioner. In such cases no dearness relief should be disbursed until
full recovery of such dues have been made.
NOTE: For the purpose of this rule, the licence fee shall also include
any other charges payable by the allottee for any damage or loss caused by
him to the accommodation or its fittings.
A railway servant shall vacate the railway accommodation immediately
after his retirement.
In case where a railway accommodation is not
vacated after superannuation of the railway servant or after cessation
of his services such as on voluntary retirement, compulsory retirement,
medical invalidation, or death, then, the full amount of retirement
gratuity, death gratuity or special contribution to provident fund, as
the case may be, shall be withheld.
The amount withheld under clause (a) shall
remain with the railway administration in the form of cash.
In case the railway accommodation is not
vacated even after the permissible period of retention after the
superannuation, retirement, cessation of service or death, as the case
may be, the railway administration shall have the right to withhold,
recover, or adjust from the Death-cum-retirement Gratuity, the normal
rent, special licence fee or damage rent, as may be due from the
ex-railway employee and return only the balance, if any, on vacation of
the railway accommodation.
Any amount remaining unpaid after the
adjustment made under clause (c), may also be recovered without the
consent of the pensioner by the concerned Accounts Officer from the
dearness relief of the pensioner until full recovery of such dues has
been made.
Dispute, if any, regarding recovery of damages
or rent from the ex-railway employee shall be subject to adjudication by
the concerned Estate Officer appointed under the Public Premises
(Eviction of Unauthorized Occupants) Act, 1971 (40 of 1971)."
In case where a railway accommodation is not
vacated by a railway servant after superannuation or after cessation of
service such as voluntary retirement or death, the full amount of the
retirement gratuity, death gratuity or special contribution to Provident
Fund, as the case may be, shall be withheld. The amount so withheld shall
remain with the administration in the form of cash, which shall be released
immediately on the vacation of such railway accommodation.
17. Pensionary benefits to staff declared unfit.
- If a railway servant is unfit for his post but is retained in service in an
alternative appointment under the provision of the code and subsequently becomes
entitled to receive retirement gratuity or pension, he shall be given the option
of accepting either of following, whichever he may, prefer-
the gratuity or pension which he would normally be granted with
reference to his total service in both the spells of his service taken
together,
The sum of
gratuity or pension which he would have been granted if he had been
medically invalidated out of service instead of being retained in an
alternative appointment at the end of the spell of his service; and
the retirement gratuity or pension which he would normally have been
granted for the second spell of this service rendered in the alternative
appointment:
Provided that if total qualifying service of the railway servant in both the
spells of service taken together exceeds 33 years, the qualifying service in the
second spell shall be reduced by the number of years by which total qualifying
service in both the spells taken together exceeds 33 years and ordinary gratuity
or pension and death-cum-retirement gratuity for the second spells of service
shall be calculated with reference to the reduced qualifying service so
calculated.
18. Pensionary, terminal or death benefits to temporary
railway servant.
A temporary railway servant who retires on superannuation or on being
declared permanently incapacitated for further railway service by the
appropriate medical authority after having rendered temporary service not
less than ten years shall be eligible for grant of superannuation, invalid
pension, retirement gratuity and family pension at the same scale as
admissible to permanent railway servant under these rules.
Explanation: For the purpose of sub-rule (1) of this rule "service" shall
have the meaning assigned to it in sub-rule (6) of
Rule 1002 of
the Code except that it shall not include the period of first four years of
apprenticeship of Special Class Railway Apprenticeship.
A temporary railway servant who seeks voluntary retirement after
completion of twenty years of service shall continue to be eligible for
retirement pension and other pensionary benefits like retirement gratuity
and family pension as admissible under these rules.
In the event of death in harness of a temporary railway servant his
family shall be eligible to family pension and death gratuity on the same
scale as admissible to families to permanent railway servants under these
rules.
The terminal or death gratuity shall not be admissible
to a probationer or other railway servant discharged for failure to
pass the prescribed test or other examination;
in a case where the railway servant concerned resigns his post or is
removed or dismissed from railway service;
to employees re-employed under the terms of re-employment applicable
to retired employees.
The rules and orders applicable to the admissibility of
death-cum-retirement gratuity to permanent pensionable railway servants
shall apply as far as may be to the terminal or death gratuity also subject
to the provisions of the sub-rules (6) to (10).
No nomination for death or terminal gratuity shall be necessary.
The payment of the terminal gratuity in the case of a temporary railway
servant who dies before receiving payment of the said gratuity or of the
death gratuity shall be made to his family in the following order of
preference:
1.
wife or wives including judicially
separated wife or wives in the case of a male railway servant;
2.
husband including judicially separated
husband in the case of a female railway servant,
3.
sons including step sons and adopted
sons,
4.
unmarried daughters including step
daughters and adopted daughters,
5.
widowed daughters including step
daughters and adopted daughters.
6.
Father
including adopted parents in the case of
individuals whose personal law permits adoption.
7.
Mother
8.
Brother below the age of eighteen years
including stepbrothers.
9.
Unmarried sisters and widowed sisters
including step sisters,
10.
Married daughters, and
11.
Children of a pre-deceased son.
If the person eligible to the gratuity in the order of preference
mentioned in item (1) of subrule (7) is totally denied any share in the
property of the railway servant under a will or deed made by him, such
person shall be treated as ineligible to receive the gratuity which shall
then be paid to the next person in the order of preference and where the
railway servant makes any such will or deed he may intimate the fact in
writing to the Head of Office who shall keep a note in the service book of
the railway servant.
The amount of gratuity payable to a temporary railway servant or to his
family in the event of his death may be determined on the bases of the
entries made in this service book and drawn without a formal application or
accounts report, just as pay claims in pay bill form.
The non-service staff appointed on the personal staff of Minister(s) or
Deputy Ministers that is the staff appointed at the discretion of the
Ministers or Deputy Ministers and who on the date of their appointment
are not already in Government service shall be treated as purely temporary
employees for the purpose of the benefits admissible under this rule.
19. Pension on re-employment - Pension on
re-employment shall be subject to the conditions laid down in
Rule 33.
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20. Commencement of qualifying service – Subject
to the provisions of these rules, qualifying service of a railway servant shall
commence from the date he takes charge of the post to which he is first
appointed either substantively or in an officiating or temporary capacity:
Provided that officiating or temporary service is followed, without
interruption, by substantive appointment in the same or another service or post:
Provided further that -
in the case of a railway servant in a Group 'D' service or post who held
a lien or a suspended lien on a permanent pensionable post prior to the 17th
April, 1950, service rendered before attaining the age of sixteen years
shall not count for any purpose; and
in the case of a railway servant not covered by clause (a), service
rendered before attaining the age of eighteen
sixteen years shall not count, except for
compensation gratuity.
The service of a railway servant shall not qualify unless his duties and
pay are regulated by the Government; or under conditions determined by the
Government.
Explanation: Save as otherwise provided in these rules for the purpose of
sub-rule (1) the expression "service" means service under the Government and
paid by the Government from the Consolidated Fund of India or a Local Fund
administered by that Government but does not include service in a non-pensionable
establishment unless such service is treated as qualifying service by that
Government.
In case of a railway servant belonging to a State Government who is
permanently transferred to a service or post under the railways, the
continuous service rendered under the State Government in an officiating or
temporary capacity if any, followed without interruption by substantive
appointment or the continuous service rendered under that Government in an
officiating or temporary capacity, as the case may be, shall qualify:
Provided that nothing contained in this sub-rule shall apply to any such
railway servant who is appointed otherwise than by deputation to a service
or post to which these rules apply.
22. Counting of service on railways as qualifying
service – The service of a railway servant which shall qualify for
pensionary benefits, to the extent provided for in these rules, shall be as
follows:
continuous service in the Indian Railways or continuous service in
former company railway or in a former State Railway which have been taken
over by the Central Government; and followed by service on Indian Railways.
Note: Service rendered by a railway servant with a former State Ruler
whether as a State employee or personally to the ex-Ruler or in his
household prior to the Federal Financial Integration, followed without break
of such service, shall be treated as service in the former State Railway for
the Purpose of pensionary benefits irrespective of whether his emoluments
were paid from the State Revenues or from the private source of the
ex-Ruler.
Service rendered before joining the Indian Railway or a former Company
railway or former State railway, which have been taken over by the
Government, provided it is: -
a service in an Indian Railway or former State railway or former
Company railway if at the time of transfer it was decided that such
service would count for special contribution to Provident Fund;
a service on a contract basis on an Indian Railway or a former
Company railway or a former State Railway subject to the provisions of
Rule 24;
a service under a private railway company or a quasi railway body to
the extent and subject to the provisions of
Rule 25;
A non-pensionable service of a scientific employee under a
semi-Government institution which is financed from cess or Government grants
subject to the provisions of Rule 30.
A military or a war service.
A qualifying service rendered under the Central Government (in a Civil
Ministry or Department or as a civilian employee under the Ministry of
Defence including the Ordnance Factories) or a State Government before
transfer to Railways in accordance with the provisions of
Rule 27.
23. Counting of service on probation - Service
constituting period of probation of a railway servant appointed as a probationer
or on probation and also the last two years of
apprenticeship period of Special Class Apprentices shall be treated as
qualifying service.
A person who is initially engaged by the railways on a contract and is
subsequently appointed to the same or another post in a substantive
capacity, without a break in service, such contract period of service shall
be treated like any other permanent service in the railway and be taken into
account for calculating for the pensionary benefits, subject to the
conditions laid down in these rules;
Provided that
the period of contract service, during which the Contract officer
did not subscribe to the State Railway Provident Fund (Contributory),
shall count to the extent indicated above, if during such period, the
Railway servant concerned did not receive any inflated rates of pay by
reason of absence of any retirement benefits;
if the railway servant concerned has subscribed to the State Railway
Provident Fund (Contributory) during a period of service, he shall have
the option either
to refund the Government contribution in the Provident Fund
together with interest there-on, and Special Contribution to
Provident Fund, if any, for the period in question and to count the
contract service for pensionary benefits to the extent indicated
above, or
to retain the Government contribution to the Provident Fund with
interest thereon including any other compensation and Special
Contribution to Provident Fund, if any, and not to count the
period of contract service in question for pensionary benefits.
The option, referred to in sub-clause (a) or sub-clause (b) of clause
(ii) of sub-rule (1), shall be exercised within three months from the date
of issue of the order of confirmation of the railway servant concerned in a
substantive post and if he is on leave on that date, within three months of
his return from leave, whichever is later.
If no option is received from the railway servant within the period
referred to in sub-rule (2), he shall be deemed to have opted for retention
of monetary benefits referred to in sub-clause (b) of clause (ii) of
sub-rule (1).
Where a railway servant (on contract basis) who was admitted to the
State Railway Contributory Provident Fund opts for the alternative in
sub-clause (a) of clause (ii)
25. Counting of service rendered under Private railway
Companies and quasi railway bodies.
The previous service of employees of the former private or former State
railway companies and quasi-railway bodies who were absorbed in or appointed
as fresh entrants in the Indian Railways shall be taken into account for
pensionary benefits under these rules, if countable as under, for the
purpose of special contribution to Provident Fund.
if under the existing orders, the service is not countable for
special contribution to Provident Fund, the same shall not be taken
account for pensionary benefits;
if under the existing orders, previous service is countable for
determining only eligibility for special contribution to Provident Fund
the same shall be taken into account in full for pensionary benefits.
The previous service, which is taken into account in accordance with the
provisions of sub-rule (1), shall be treated as service in Railways to the
extent indicated therein, for pensionary benefits under these rules.
26. Counting of service rendered in the Indian Railway
Conference Association - If a part of the service rendered by a railway
servant in the Indian Railway Conference Association, such service shall be
deemed as having been rendered under the Government and shall be taken into
account for calculating the qualifying service under these rules;
Provided that the transfer has been effected as a result of the railway
servants application having been forwarded through proper channel or in
consequence of the Indian Railway Conference Association and the Indian Railway
Administration having agreed to such transfer on account of the employee's
special qualification or experience.
27. Counting of service rendered under the Central
Government (in a Civil Ministry or Department or as a Civilian employee under
the Ministry of Defence including Ordinance Factories) or a State Government by
a person transferred and permanently absorbed on the railway
A pensionable employee transferred to the railways from another Central
Government Department shall be treated as on deputation so long as he is not
permanently absorbed in the railway service and on permanent absorption in
such service he shall be entitled to pensionary benefits under these rules.
If a permanent employee, who is a member of a Contributory Provident
Fund, is transferred and permanently absorbed in a railway service on
pensionable basis, the period of service rendered by him prior to his
joining such railway service shall count for pensionary benefits under these
rules and the employee's contribution to his Provident Fund Account shall be
resumed by the Ministry or Department under which he had served prior to
joining such railway service.
In the case of an employee, who was a member of a Contributory Provident
Fund while in the service of a State Government, the amount of Government
contribution with interest thereon shall be resumed by the railways with the
consent of the State Government concerned and such employee shall be allowed
to count the period of his service under the State Government during which
he had actually subscribed to the Contributory Provident Fund and if the
State Government concerned is willing to bear the proportionate liability on
service-share basis taking into account the entire service under such
Government, the Government contribution for such service credited by it
shall be resumed by such State Government.
The provisions of
Rule 23
shall apply as far as may be, to the contract service rendered under a State
or the Central Government provided that the previous contract service during
which the railway servant did not subscribe to a Contributory Provident Fund
shall count only if the previous employer is prepared to share the
proportionate liability on service-share basis for the entire service
rendered under him.
28. Counting of temporary service under the State and
Central Government and allocation of pensionary liability
The Government servants can be allowed the benefit of counting their
qualifying service both under the Central Government and the State
Governments for grant of pension by the Government from where they retire:
Provided that the gratuity, if any, received by the Government employee
for temporary service under the Central or State Government shall be
refunded by him to that Government concerned.
The Government servants eligible to claim the benefits of combined
service in accordance with sub-rule (1) shall be of the following
categories: -
those who having been retrenched from the service of the Central
Government or a State Government but have secured on their own,
employment under a State or the Central Government either with or
without interruption between the date of retrenchment and date of new
appointment;
those who while holding temporary posts under the Central Government
or a State Government apply for posts under the Central Government or a
State Government through proper channel with proper permission of the
administrative authority concerned;
Provided that where an employee is required for administrative
reasons, for satisfying a technical requirement, to tender resignation
from the temporary post held by him before joining the new appointment,
a certificate to the effect that such resignation had been tendered for
administrative reasons or to satisfy a technical requirement to join,
with proper permission the new posts, may be issued by the authority
accepting the resignation. A record of this certificate may also be made
in his service book under proper attestation to enable him to get this
benefit at the time of retirement.
The provision of this rule shall not apply to the employees in the
previous employment of the State Governments of Jammu and Kashmir and
Nagaland.
29. Pensionary liability of Departments of the Central
Government – The liability for pension including gratuity shall be borne
in full by the Department to which the Government servant permanently belongs at
the time of retirement and no recovery of proportionate pension shall be made
from other Department of the Central Government under whom he had served.
30. Counting of service rendered by Scientific
employees in semi-Government institution - Service rendered by a
scientific employee in a semi-Government institution which is financed from cess
or Government grants and during such service he was subscribing to a
Contributory Provident Fund, shall, on permanent appointment without any
interruption to a pensionable railway service be counted as service qualifying
for pension:
Provided that the contribution together with interest thereon paid by the
said institution is made over to the Government but so much of the period of
service during which he did not subscribe to the Contributory Provident Fund
shall not be so reckoned unless the previous employer agrees to bear
proportionate liability on account of pensionary benefits for the service so
rendered. If the employee was not on a Contributory Provident Fund basis in such
an institution, his previous service shall be reckoned as qualifying for pension
if the previous employer agrees to bear proportionate liability on account of
pensionary benefits.
31. Counting of service paid from Contingencies
– In respect of a railway servant, in service on or after the 22nd
day of August, 1968, half the service paid from contingencies shall be taken
into account for calculating pensionary benefits on absorption in regular
employment, subject to the following condition namely: -
the service paid from contingencies has been in a job involving
whole-time employment;
the service paid from contingencies should be in a type of work or job
for which regular posts could have been sanctioned such as posts of malis,
chowkidars and khalasis;
the service should have been such for which payment has been made either
on monthly rate basis or on daily rates computed and paid on a monthly basis
and which, though not analogous to the regular scales of pay, borne some
relation in the matter of pay to those being paid for similar jobs being
performed at the relevant period by staff in regular establishments;
the service paid from contingencies has been continuous and followed by
absorption in regular employment without a break;
Provided that the weightage for past service paid from contingencies
shall be limited to the period after 1st January 1961 subject to
the condition that authentic records of service such as pay bill, leave
record or service-book is available.
NOTE
The provisions of this rule shall also apply to casual labour paid from
contingencies.
The expression "absorption in regular employment" means absorption
against a regular post.
32. Counting of service of Substitute – Service
rendered as substitute shall be counted for pensionary benefits from the date of
completion of three months in the case of teachers and four months in other
cases of continuous service as substitute followed by absorption in a regular
Group C or Group D posts without any break.
33. Counting of pre-retirement Civil (including
railway) service in the case of re-employed railway servant
A railway servant who, having retired on compensation pension or invalid
pension or compensation gratuity or invalid gratuity, is re-employed and
appointed substantively to a service or post to which these rules apply, may
exercise his option either: -
to continue to draw the pension or retain the gratuity sanctioned
for his earlier service, in which case his former service shall not be
counted as qualifying service, or
to cease to draw his pension and refund
pension already drawn;
the value received for commutation of part or a part of pension;
and
the amount of death-cum-retirement gratuity including service
gratuity, if any,
and count the previous service as qualifying service
Provided that-
the pension drawn prior to the date of re-employment shall not
be required to be refunded;
the element of pension which was ignored for fixation of his pay
including the element of pension which was not taken into account
for fixation of pay shall be refunded by him;
the element of pension equivalent of gratuity including the
element of commuted part of pension, if any, which was taken into
account for fixation of his pay shall be set off against the amount
of death-cum-retirement-gratuity and the commuted value of pension
and the balance, if any, shall be refunded by him.
Explanation - In the proviso to this sub-rule, the expression "which was
taken into account" means, the amount of pension including the pension
equivalent of gratuity by which pay of the railway servant was reduced on
initial re-employment and the expression "which was not taken into account"
shall be construed accordingly.
The authority issuing the order of substantive appointment to a
railway service or post referred to in sub-rule (1) shall along with
such order require in writing the railway servant to exercise his option
under that sub-rule within three months of the date of issue of such
order or if he is on leave on that date, within three months of his
return from leave, whichever is later and also bring to his notice the
provisions of clause (b) of that sub-rule.
If no option is exercised within the period referred to in clause
(a), the railway servant shall be deemed to have opted for clause (a) of
sub-rule (1).
In case of a railway servant who opts or is deemed to have opted for
clause (a ) of sub-rule (1), pension or gratuity admissible for his
subsequent service shall be subject to the limitation that the service
gratuity or the capital value of the pension and death-cum-retirement
gratuity, if any, which would have been admissible to him at the time of his
final retirement if the two period of service were combined and the value of
retirement benefits already granted to him for the previous service.
Note. - The capital value of pension shall be calculated in accordance
with the table in the
Appendix II
under the Railway Service (Commutation of Pension) Rules, 1993, as
applicable at the time of second or final retirement.
A railway servant who opts for clause (b) of sub-rule (1) shall be
required to refund the gratuity including death-cum-retirement gratuity,
if any, received in respect of his earlier service, in monthly
instalments not exceeding thirty-six in number, the first instalment
beginning from the month following the month in which he exercised such
option.
The right to count previous service, as qualifying service shall not
be revived until the whole amount has been refunded.
In the case where a railway servant who, having elected to refund the
gratuity, dies before the entire amount is refunded, the un-refunded amount
of gratuity shall be adjusted against the death-cum-retirement gratuity
which may become payable to such deceased's family.
34. Counting of Military service rendered before
employment on the railway
A railway servant who is re-employed in a railway service or post before
attaining the age of superannuation and who, before such re-employment, had
rendered military service after attaining the age of
eighteen years, may, on his confirmation in a railway service or
post, opt either —
to continue to draw the military pension or retain gratuity received
on discharge from military service, in which case his former military
services shall not count as qualifying service; or
to cease to draw his pension and refund,—
the pension already drawn;
the value received for the commutation of a part of military
pension; and
the amount of death-cum-retirement gratuity including service
gratuity if any,
and count the previous military service as qualifying service, in
which case the service so allowed to count shall be restricted to a
service within or outside the employees' unit or department in India or
elsewhere which is paid from the Consolidated Fund of India or for which
pensionary contribution has been received by the Government :
Provided that-
the pension drawn prior to the date of re-employment shall not
be required to be refunded;
the element of pension which was ignored for fixation of his pay
including the element of pension which was not taken into account
for fixation of pay shall be refunded by him;
the element of pension equivalent of gratuity including the
element of commuted part of pension, if any, which was taken into
account for fixation of his pay shall be set off against the amount
of death-cum-retirement-gratuity and the commuted value of pension
and the balance, if any, shall be refunded by him.
Explanation - In the proviso to this sub-rule, the expression "which
was taken into account" means, the amount of pension including the
pension equivalent of gratuity by which pay of the railway servant was
reduced on initial re-employment and the expression "which was not taken
into account" shall be construed accordingly.
The authority issuing the order of substantive appointment to a
railway service or post referred to in sub-rule (1) shall along with
such order require in writing the railway servant to exercise his option
under that sub-rule within three months of the date of issue of such
order or if he is on leave on that date, within three months of his
return from leave, whichever is later and also bring to his notice the
provisions of clause (b) of that sub-rule.
If no option is exercised within the period referred to in clause
(a), the railway servant shall be deemed to have opted for clause (a) of
sub-rule (1).
A railway servant who opts for clause (b) of sub-rule (1) shall be
required to refund the pension, bonus or gratuity received in respect of
his earlier military service, in monthly instalments not exceeding
thirty-six in number, the first instalment beginning from the month
following the month in which he exercised such option.
The right to count previous service, as qualifying service shall not
revive until the whole amount has been refunded.
In the case where a railway servant who, having elected to refund the
pension, bonus or gratuity, dies before the entire amount is refunded, the
un-refunded amount of pension or gratuity shall be adjusted against the
death-cum-retirement gratuity which may become payable to such deceased's
family.
When an order is passed under this rule allowing previous military
service to count as part of the service qualifying for civil pension, the
order shall be deemed to include the condonation of interruption in service,
if any, in the military service and between the military and. railway
service.
35. Verification of Military Service – Before
pension is granted, the war or Military service of the individual to whom
pension is payable and the amount of bonus or gratuity in lieu of pension paid
to him shall be verified, in
Form 3 from the
following authorities as indicated against each category of the employees,
namely: -
Ex-service Commissioned Officers
Non-Medical Officers - A.G's Branch/Ogr3(RR&C)(d) Army
Headquarters, DHQ P.O., New Delhi.
Medical Officers - MPRS (O) (NE) Medical Directorate, Army
Headquarters, DHQPO, New Delhi.
Ex. Naval Officers - Personal services Directorate (Naval
Appointments), Headquarters, DHQPO, New Delhi.
Ex-Air Force Officers - Directorate of Personnel (Officers) (P.O. 2)
Air Headquarters, DHQPO, New Delhi.
Ex. J.C.O's, Other Ranks and NCsE and their equivalent in the Navy and
Air Force. The authorities concerned shall be addressed enclosing two copies
of Form 3 –
JCO's, Ors. And NCsE of the Indian Army - The respective Record
Office as indicated in the Discharge Certificate of an individual
concerned. (A list of the existing Record Offices is given in Appendix
II).
CPO Petty Officers and Sailors of Navy - The Captain, Naval Barracks
(Drafting Office), Bombay.
MWOs., WOs., NCO's., and Airmen of the Air Force - Directorate of
Personnel (Airman, Air Head Quarters) Vayu Bhawan, New Delhi.
36. Counting of period spent on leave – All
leave during service for which leave salary is payable and all extraordinary
leave granted on medical grounds shall count as qualifying services:
Provided that in the case of extraordinary leave other
than extraordinary leave granted on medical certificate, the appointing
authority may, at the time of granting such leave; allow the period of
that leave to count as qualifying service if such leave is granted to a railway
servant,
due to his inability to join or rejoin duty on account of civil
commotion, or
for prosecuting higher scientific or technical studies.
37. Counting periods of suspension – Where a
railway servant is kept under suspension pending inquiry into his conduct the
period of such suspension shall count as qualifying service only where on
conclusion of such inquiry, he has been fully exonerated or the suspension is
held to be wholly unjustified and in other cases, the period of such suspension
shall not count unless the authority competent to pass orders under the rule
governing such cases expressly declare that it shall count to such extent as
that authority may declare. Where the authority reinstating the railway servant
had not passed order as to the treatment of the period of suspension for the
purpose of qualifying service for pensionary benefits the period of suspension
shall qualify only if it had been treated as duty or leave due, as the case may.
38. Counting of periods spent on training – The
Ministry of Railways may, by order, decide whether the time spent by a railway
servant under training immediately before his appointment to service under the
railway shall count as qualifying service.
39. Counting of past service on reinstatement
A railway servant, who is dismissed, removed or compulsorily retired
from service, but is reinstated on appeal review, is entitled to count his
past service as qualifying service.
The period of interruption in service between the date of dismissal,
removal or compulsory retirement, as the case may be, and the date of
reinstatement, and the period of suspension, if any, shall not count as
qualifying service unless regularised as 'duty' or 'leave' by a specific
order of the authority which passed the order of reinstatement.
40. Forfeiture of service on dismissal or removal
- Dismissal or removal of a railway servant from a service or post shall lead to
forfeiture of his past service.
41. Forfeiture of service on resignation
Resignation by a railway servant from a service or a post, unless it is
allowed to be withdrawn in the public interest by the appointing authority
shall lead to forfeiture of his past service.
A resignation shall not lead to forfeiture of past service if it has
been submitted to take up, with proper permission, another appointment,
whether temporary or permanent under the Government where service qualifies
for pension.
Interruption in service in a case falling under sub-rule (2), due to the
two appointments, being at different stations, not exceeding the joining
time permissible under the rules of transfer, shall be covered by grant of
leave of any kind due to the railway servant on the date of relief or by
formal condonation to the extent to which the period is not covered by leave
due to him.
The appointing authority may permit a person to withdraw his resignation
in the public interest on the following conditions, namely: -
that the resignation was tendered by the railway servant 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 to tender the resignation.
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 person concerned was in no way
improper;
that the period of absence from duty between the date on which the
resignation became effective and the date on which the railway servant
is allowed to resume duty as a result of permission to withdraw the
resignation is not more than ninety days;
that the post, which was vacated by the railway servant on the
acceptance of his resignation or any other comparable post, is
available.
Request for withdrawal of a resignation shall not be accepted by the
appointing authority where a railway servant resigns his service or post
with a view to taking up an appointment in or under a private commercial
company or in or under a Corporation or company wholly or substantially
owned or controlled by the Government or in or under a body controlled or
financed by the Government.
When an order is passed by the appointing authority allowing a person to
withdraw his resignation and to resume duty, the order shall be deemed to
include the condonation of interruption in service but the period of
interruption shall not count as qualifying services.
A resignation submitted for the purpose of
Rule 53 should
not entail forfeiture of past service under the Government or the railway.
42. Effect of interruption in service
An interruption in the service of a railway servant shall lead to
forfeiture of his past service, except in the following cases namely: -
authorised leave of absence;
unauthorised absence in continuation of authorised leave of absence
so long as the post of absentee is not substantively filled;
suspension, where it is immediately followed by reinstatement
whether in the same or a different post, or where the railway servant
dies or is permitted to retire or is retired on attaining the age of
compulsory retirement, while under suspension;
transfer to non-qualifying service in an establishment under the
control of the Government if such transfer has been ordered by a
competent authority in the public interest;
joining time while on transfer from one post to another.
Notwithstanding anything contained in sub-rule (1) the appointing
authority may, by order, commute retrospectively the period of absence
without leave as extraordinary leave.
43. Condonation of interruption in service
In the absence of a specific indication to the contrary in the
service book, an interruption between two spells of Government service
rendered by a railway servant under Government including Civil Service
rendered and paid out of Defence Services Estimates or Railway Estimates
shall be treated as automatically condoned and the pre-interruption
service treated as qualifying service.
Nothing in clause (a) shall apply to interruption caused by
resignation, dismissal or removal from service or for participation in a
strike.
Where the break in service of a railway servant is condoned, he shall,
unless specifically provided to the contrary in the sanction for such
condonation, refund any gratuity, special contribution as well as Government
contribution to Provident Fund, if any, with interest thereon, received by
him in respect of his service before the break.
44. Treatment of breaks in service Condoned for Special
contribution to Provident Fund - Any break in service condoned prior to
the 22nd June, 1961 for the purpose of Special Contribution to Provident Fund
shall be deemed to be condoned for the purpose of pensionary benefits also,
provided that-
the railway servant who has not refunded the amount of gratuity (Special
contribution to Provident Fund or Government contribution or both) received
by him for the spell of service rendered prior to the break in service,
refunds to the Government the amount thereof. No interest, need, be
recovered on the amount for the period it remained with him;
the intention to make the refund has been made known by the railway
servant in writing to the Accounts Officer not later than six months
from the date of issue of orders of his confirmation in a substantive
post or if he is on leave, within six months of date of his return from
leave;
the refund may be made in instalments not exceeding twelve in
numbers as may be specified by the authority who condones the break in
service;
the right to count the previous service shall not revive till the
whole amount has been completely refunded,
45. Addition to qualifying service in special
circumstances
A railway servant who retires from a service or post after the 31st
March, 1960, shall be eligible to add to his service, qualifying for
superannuation pension (but not for any other class of pension), the actual
period not exceeding one-fourth of the length of his service or the actual
periods by which his age at the time of recruitment exceeded twenty five
years or a period of five years, whichever is less, if the service or post
to which the railway servant is appointed is one-
for which post-graduate research or specialist qualification or
experience in scientific, technological or professional fields, is
essential; and
to which candidates of more than twenty five years of age are
normally recruited.
Provided that this concession shall not be admissible to a railway
servant unless his actual qualifying service at the time he quits railway
service is not less than ten years;
Provided further that this concession shall be admissible only if the
recruitment rules in respect of the said service or post contain a specific
provision, that the service or post is one, which carries the benefit of
this rule.
Provided also that this concession shall not be admissible to those who
are eligible for counting their past service for superannuation pension
unless they opt before the date of their retirement, which option once
exercised shall be final, for the weightage of service under this sub-rule
forgoing the counting of past service.
A railway servant who is recruited at the age of thirty-five years or
more, may, within a period of three months from the date of his appointment,
elect to forgo his right to pension where upon he shall be eligible to
subscribe to a Contributory Provident Fund.
The option referred to in sub-rule (2), once exercised shall be final.
46. Period of deputation to United Nations and other
Organisations - A railway servant deputed on foreign service, for a
period of five years or more, to the United Nations' Secretariat or other United
Nations' Bodies, the International Monetary Fund, the International Bank of
Reconstruction and Development, or the Asian Development Bank or the
Commonwealth Secretariat, may at his option-
pay the pension contribution in respect of his foreign service and count
such service as qualifying for pension under these rules; or
avail of the retirement benefits admissible under the rules of the
aforesaid Organisations and not count such service as qualifying for pension
under these rules.
Provided that where a railway servant opts for clause (b), retirement benefit
shall be payable to him in India in rupees from such date and in such manner as
the Railway Board may, by order, specify.
Provided further that pension contributions, if any, paid by the railway
servant, shall be refunded to him.
47. Verification of qualifying service after twenty
five years' service, or five years before retirement
A railway servant on completing twenty five years of service or on his
being left with five years of service before the date of retirement
whichever is earlier, the Accounts Officer concerned in the case of a
gazetted railway servant or the Head of Office in consultation with the
Accounts Officer concerned in the case of a non-gazetted railway servant
shall, in accordance with the rules for the time being in force, verify the
service rendered by such railway servant, determine the qualifying service
and communicate to him the period of qualifying service so determined in
Form 15.
Not withstanding anything contained in sub-rule (1), where a railway
servant is transferred to another department from a temporary department or
on account of the closure of the department he had been previously serving,
or because the post he held had been declared surplus, the verification of
his service may be done whenever such event occurs.
The verification done under sub-rule (1) and (2) shall be treated as
final and shall not be reopened except when necessitated by a subsequent
change in the rules and orders governing the conditions under which the
service qualifies for pension.
48. Deficiency in service - Any deficiency in
the qualifying service of a railway servant shall not be condoned.
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"emoluments", for the purpose of calculating various retirement and
death benefits, means the basic pay as defined in clause (i) of
rule 1303 of
the Code, which a railway servant was receiving immediately before his
retirement or on the date of his death:
Provided that the stagnation increment shall be treated as emolument for
calculation of retirement benefits;
'pay' in these rules means the pay in the revised scales under the
Railway Services (revised pay) Rules, 1986;
Provided that 'pay element' of Running Staff shall also include
fifty-five per centum of the basic pay for reckoning emoluments.
{ 'Pay' in these orders means the pay in the revised scales promulgated
under the Railway Services (Revised Pay) Rules, 1997 } Vide No.
F(E)III/97/PN1/22
dated 05/11/1997 (RBE 142/97)
Note 1 : If a railway servant
immediately before his retirement or death while in service had been absent from
duty on leave for which leave salary is payable or having been suspended had
been reinstated without forfeiture of service, the emoluments which he would
have drawn had he not been absent from duty or suspended shall be the emoluments
for the purposes of this rule:
Provided that any increase in pay (other than the
increment referred to in Note 4) which is not actually drawn shall not form part
of his emoluments.
Note 2 : Where a railway
servant immediately before his retirement or death while in service had
proceeded on leave for which leave salary is payable after having held a higher
appointment, whether in an officiating or temporary capacity, the benefit of
emoluments drawn in such higher appointment shall be given only if it is
certified that the railway servant would have continued to hold the higher
appointment but for his proceeding on leave.
Note 3 : If a railway servant
immediately before his retirement or death while in service had been absent from
duty on extraordinary leave, or had been under suspension, the period whereof
does not count as service, the emoluments which he drew immediately before
proceeding on such leave or being placed under suspension shall be the
emoluments for the purposes of this rule.
Note 4 : If a railway servant
immediately before his retirement or death while in service, was on earned leave
and earned an increment which was not with-held, such increment though not
actually drawn, shall form part of his emoluments:
Provided that the increment was earned during the
currency of the earned leave not exceeding one hundred and twenty days, or
during the first one hundred and twenty days of earned leave where such leave
was for more than one hundred and twenty days.
Note 5 : Pay drawn by a railway
servant while on deputation to the Armed Forces of India shall be treated as
emoluments.
Note 6 : Pay drawn by a railway
servant while on foreign service shall not be treated as emoluments, but the pay
which he would have drawn under the railway, had he not been on foreign service
shall alone be treated as emoluments.
Note 7 : Where a pensioner who
is re-employed in railway service elects in terms of clause (a) of sub-rule (1)
of rule 33 or
clause (a) of sub-rule (1) of
rule 34 to retain
his pension for earlier service and whose pay on re-employment has been reduced
by an amount not exceeding his pension, the element of pension by which his pay
is reduced shall be treated as emoluments.
Note 8 : Where a railway
servant has been transferred to an autonomous body consequent on the conversion
of Department of the Railways into such a body and the railway servant so
transferred opts to retain the pensionary benefits under the rules of the
railway, the emoluments drawn under the autonomous body shall be treated as
emoluments for the purpose of this rule.
50. Average emoluments - Average emoluments
shall be determined with reference to the emoluments drawn by a railway servant
during the last ten months of his service.
Note 1 : If during the last ten
months of his service a railway servant had been absent from the duty on leave
of which leave salary is payable or having been suspended had been reinstated
without forfeiture of service, the emoluments which he would have drawn, had he
not been absent from duty or suspended, shall be taken into account for
determining the average emoluments:
Provided that any increase in pay (other than the
increment referred to in Note 3) which is not actually drawn shall not form part
of his emoluments.
Note 2 : If during the last ten
months of his service, a railway servant had been absent from duty on
extraordinary leave, or had been under suspension the period whereof does not
count as service, the aforesaid period of leave or suspension shall be
disregarded in the calculation of the average emoluments and equal period before
the ten months shall be included.
Note 3 : In the case of a
railway servant who was on earned leave during the last ten months of his
service and earned an increment, which was not withheld, such increment, though
not actually drawn shall be included in the average emoluments:
Provided that the increment was earned during the
currency of the earned leave not exceeding one hundred and twenty days, or
during the first one hundred and twenty days of earned leave where such leave
was for more than one hundred and twenty days.
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RAILWAY SERVICES (PENSION) RULES, 1993
CHAPTER - V
CLASSES OF PENSION AND CONDITIONS GOVERNING THEIR GRANT
51. Superannuation Pension – A superannuation
pensions shall be granted to a railway servant who is retired on his attaining
the age of compulsory retirement.
Note : As from the 1st
November, 1973, railway servants in Groups 'B’, 'C' and 'D' service or posts,
and as from the 1st April, 1974, railway servants in Group 'A' service or posts,
shall retire from the afternoon of the last day of the month in which their date
of retirement according to
rule 1801 of the
Code falls, without prejudice to the provisions contained in rules
1802,
1803 and
1804 of the said
Code.
52. Retiring Pension - A retiring pension shall
be granted to a railway servant who retires, or has retired before attaining the
age of compulsory retirement, in accordance with the provisions of
rules 66 and
67 of these rules
and rule 1802 of
the code.
53. Pension on absorption in or under a corporation,
company or body
A Railway servant who has been permitted to be absorbed in a service or
post in or under a Corporation or Company wholly or substantially owned or
controlled by the Central Government or a State Government or in or under a
body controlled or financed by the Central Government or a State Government,
shall be deemed to have retired from service from the date of such
absorption and subject to sub-rule (3), he shall be eligible to receive
retirement benefits, if any, from such date as may be determined, in
accordance with the orders of the Railways applicable to him.
A railway servant who has been permitted to be
absorbed in a service or post in or under a corporation or company wholly or
substantially owned or controlled by the Government or in or under a body
controlled or financed by the Government shall, if such absorption is
declared by the Government to be in the Public Interest, be deemed to have
retired from service from the date his resignation is accepted and shall be
eligible to receive retirement benefits which he may have elected or deemed
to have elected, and from such date as may be determined in accordance with
the orders of the Railways applicable to him.
Explanation: - Date of absorption shall be
In case a railway employee joins a corporation or company or body on
immediate absorption basis, the date on which he actually joins that
corporation or company or body;
In case a railway employee initially joins a corporation or company
or body on foreign service terms by retaining a lien under the railways
the date from which his unqualified resignation is accepted by the
railways.
The provisions of sub-rule (1) shall also apply to a railway servant who
is permitted to be absorbed in joint sector undertakings, wholly under the
joint control of Central Government and State Governments/Union Territory
Administrations or under the joint control of two or more State
Governments/Union Territory Administrations.
Where there is a pension scheme in a body controlled or financed by the
Central Government in which a railway servant is absorbed, he shall be
entitled to exercise option either to count the service rendered under the
railways in that body for pension or to receive pro-rata retirement benefit
for the service rendered under the railways in accordance with the orders
issued by the railways.
Explanation: - Body means autonomous body or statutory body.
54. Payment of lump-sum amount to persons on absorption
in or under a Corporation, Company or body – Where a railway servant referred to
in
rule 53 elects the
alternative of receiving the death-cum-retirement gratuity and a lump-sum amount
in lieu of pension, he shall, in addition to the death-cum-retirement gratuity,
be granted -
on an application made in this behalf, a lump-sum
amount not exceeding the commuted value of one-third of his pension as may
be admissible to him in accordance with the provisions of the
Railway Service (Commutation of Pension) Rules, 1993;
and
terminal benefits equal to the commuted value of
the balance amount of Pension left after commuting one-third of pension to
be worked out with reference to the commutation Table in
Appendix to the
Railway Services (Commutation of Pension) Rules, 1993 on the date of his
resignation subject to the condition that the railway servant surrenders his
right of drawing two-third of his pension.
Invalid pension may be granted to a railway servant who retires from
service on account of any bodily or mental infirmity, which permanently
incapacitates him for the service.
A railway servant applying for an invalid pension shall submit a medical
certificate, from a duly constituted medical authority, of his permanent
incapacity for service due to bodily or mental infirmity.
Where the medical authority referred to in sub-rule (2) has declared a
railway servant fit for further service of less laborious character than
that which he had been doing he should, provided he is willing to be so
employed, be employed on a lower post and if there be no means of employing
him even on a lower post, he may be admitted to invalid pension.
A railway servant may, if he considers that he is not in a fit state of
health to discharge his duties, apply to the appropriate authority for
retirement on invalid gratuity or pension.
56. Rules regarding medical certificate – The
medical certificate for incapacity shall be certified by the medical authority
as under: -
If the railway servant is serving abroad or is on leave out of India, by
a Medical Board to be convened for the purpose by the concerned Indian
Mission abroad which shall consist of a physician, a surgeon and an
ophthalmologist all of whom shall have consultant status and are drawn from
the doctors approved for the mission concerned:
Provided that a lady doctor shall be included as a member of such Medical
Board whenever a female railway servant is to be examined.
If the railway servant is in India –
by the Medical Officer incharge of the District or Division if the
railway servant holds a Group 'D' or Group 'C' post but whose pay does
not exceed seven hundred and fifty rupees per mensum.
in all other cases by a Medical Board consisting of three District
or Divisional Medical Officers, each in Senior Scale, but if this is not
feasible, one or two members may be the Chief Medical Officer or the
Civil or Presidency Surgeon or a specialist on the staff of a recognised
Medical Institution but as far as possible one of the member of such
Board shall be a physician another a surgeon and the third being a
specialist in the required lines.
Note: An Assistant Medical
Officer in independent charge of a District or Division may be co-opted as a
member of the Medical Board, in case there is any difficulty in constituting the
Board of three Senior Scale/Medical Officers:
Provided that if the railway servant is posted at
Delhi or New Delhi in the Railway Board or in the Railway Liaison Office and is
governed by the Civil (not Railways) Medical rules, the medical authority will
be such as the Chairman of the Central Standing Medical Board, Dr. Ram Manohar
Lohia Hospital or Safderjang Hospital, New Delhi, may determine unless the
medical examination is to be conducted at a place other than Delhi or New Delhi,
in which case the medical authority shall be such as the Head of the Department
may determine.
57. Conditions regarding grant of medical certificate
Save where he is on leave out of India, no railway servant shall apply
for a medical certificate of incapacity and no such certificate shall be
granted unless: -
the applicant produces a letter to show that the Head of his office
or Department is aware of his intention to appear before the Medical
authority; and
the medical authority is informed about the age of the applicant as
recorded in his Service Book or history of services and is supplied with
statement of the leave taken by him during the three years immediately
preceding, and of the history of the medical case and the treatment
adopted, as far as possible.
58. Statement giving grounds for retirement –
When it is proposed to retire a railway servant, on an invalid gratuity or
pension on account of general disability while he is still under fifty-eight
years of age, the appropriate authority under whom he is working shall forward
to the medical authority an additional statement giving the grounds on which it
is proposed to retire him.
59. Form of medical certificate – The medical
certificate shall be in the following form: -
"Certified that I/We have carefully examined AB son of CD ---------- a
-------- in the --------------------- his age is by his own statement, is
--------------------- years, and by appearance about ---------------------
years.
I/We consider --------------------- AB to be completely and permanently
incapacitated for further service of any kind (or in the department to which
he belongs) in consequence of --------------------- (here state disease or
cause). His incapacity does not appear to me/us to have been caused by
irregular or intemperate habits."
Note : If the incapacity is
the result of irregular or intemperate habits, the following will be
substituted for the last sentence: -
In my/our opinion his incapacity is directly has been due to accelerated
or aggravated by irregular intemperate habits.
(If the incapacity does not appear to be complete and permanent, the
certificate should be modified accordingly and the following addition should
be made): -
I am/We are of the opinion that --------------------- AB is fit for
further service of a less laborious character than that which he has been
doing (or may, after resting for -----------------months be fit for further
service of a less laborious character than that which he has been doing).
60. Reasons for medical opinion of incapacity or under
statement of age – If the medical authority considers a railway servant
incapacitated for further service by general debility while still under the age
of fifty-eight years, it shall give detailed reasons for its opinion. If the
medical authority considers him to be above fifty-eight years, it shall state
its reasons for believing the age to be understated:
Provided that in doubtful cases, a second medical opinion shall be obtained.
61. Requirement of details in the certificate –
A mere certificate that inefficiency is due to old age or natural decay from
advancing years shall not be deemed to be sufficient for retiring a railway
servant on invalid gratuity or pension.
62. Date of invalidation – A railway servant,
who is declared by the medical authority referred to in
rule 55 to be
completely and permanently incapacitated for further service shall, if he is on
duty, be retired from service from the date of relief of his duties which shall
be arranged without delay on receipt of a report from the medical authority or
if, he is granted leave under
rule 522 of the Code
on the expiry of such leave but if he is on leave at the time of receipt of the
medical certificate, he shall be retired from service on the expiry of such
leave or extension of leave if any granted to him under rule 522 of the said
code.
63. Compensation Pension
If a railway servant is selected for discharge owing to the abolition of
his permanent post, he shall, unless he is appointed to another post the
conditions of which are deemed by the authority competent to discharge him,
to be at least equal to those of his own have the option –
of taking compensation pension to which he may be entitled for the
service he had rendered, or
of accepting another appointment on such pay as may be offered and
continuing to count his previous service for pension.
Notice of at least three months shall be given to a railway servant
in permanent employment before his services are dispensed with on the
abolition of his permanent post.
Where notice of at least three months is not given to the railway
servant and he has not been provided with other employment on the date
on which his services are dispensed with, the authority competent to
dispense with his services, may sanction the payment of a sum not
exceeding the pay and allowances for the period by which the notice
actually given to him falls short of three months.
No compensation pension shall be payable for the period in respect
of which he received pay and allowances in lieu of notice.
In case a railway servant is granted pay and allowances for the period
by which the notice given to him falls short of three months and he is
re-employed before the expiry of the period for which he has received pay
and allowances he shall refund the pay and allowances so received for the
period following his re-employment.
If a railway servant who is entitled to compensation pension accepts
instead another appointment under the railways and subsequently becomes
again entitled to receive a pension of any class, the amount of such pension
shall not be less than what he could have claimed if he had not accepted the
appointment.
64. Compulsory retirement pension
A railway servant compulsorily retired from service as a penalty may be
granted, by the authority competent to impose such penalty, pension or
gratuity, or both at a rate not less than two-thirds and not more than full
compensation pension or gratuity, or both admissible to him on the date of
his compulsory retirement.
Whenever, in the case of a railway servant the President passes an order
(whether original, appellate or in the exercise of power of review) awarding
a pension less than the full compensation pension admissible under these
rule, the Union Public Service Commission shall be consulted before such
order is passed.
Explanation – In this sub-rule, the expression "pension" includes
"gratuity".
A pension granted or awarded under sub-rule (1) or, as the case may be,
under sub-rule (2), shall not be less than three hundred seventy five rupees
per mensem.
65. Compassionate allowance
A railway servant who is dismissed or removed from service shall forfeit
his pension and gratuity:
Provided that the authority competent to dismiss or remove him from
service may, if the case is deserving of special consideration, sanction a
compassionate allowance not exceeding two-thirds of pension or gratuity or
both which would have been admissible to him if he had retired on
compensation pension.
A compassionate allowance sanctioned under the proviso to sub-rule (1)
shall not be less than three hundred seventy five rupees per mensem.
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66. Retirement on completion of 30 years qualifying
service
At any time after a railway servant completed thirty years qualifying
service
he may retire from service; or
he may be required by the appointing authority to retire in the
public interest, and in the case of such retirement the railway servant
shall be entitled to a retiring pension:
Provided that –
a railway servant shall give a notice in writing to the
appointing authority at least three months before the date on which
he wishes to retire; and
the appointing authority may also give a notice in writing to a
railway servant at least three months before the date on which he is
required to retire in the public interest or three months' pay and
allowances in lieu of such notice:
Provided further that where the railway servant giving notice under
clause (i) of the first proviso is under suspension, it shall be open to
the appointing authority to withheld permission to such railway servant
to retire under this rule:
Provided also that the provisions of clause (a) of sub-rule (1) of
this rule shall not apply to a railway servant, including Scientist of
technical expert who is –
on assignment under the Indian Technical and Economic
Cooperation (ITEC) Program of the Ministry of External Affairs and
other aid programs;
posted abroad in foreign based offices of the Ministries or
Departments;
on a specific contract assignment to a foreign Government.
unless after having been transferred to India, he has resumed the
charge of the post in India and served for a period of not less than one
year.
A railway servant referred to in clause (i) of the first proviso to
sub-rule (1) may, make a request in writing to the appointing authority
to accept notice of less than three months giving reason therefor;
on receipt of a request under clause (a), the appointing authority
may consider such request for curtailment of the period of notice of
three months on merits and if it is satisfied that the curtailment of
the period of notice will not cause any administrative inconvenience,
the appointing authority may relax the requirement of notice of three
months on the condition that the railway servant shall not apply for
commutation of a part of his pension before the expiry of the period of
notice of three months.
A railway servant who has elected to retire under this rule and has
given the necessary intimation to that effect to the appointing authority,
shall be precluded from withdrawing his election subsequently except with
the specific approval of such authority:
Provided that the request for withdrawal shall be within the intended
date of his retirement.
Explanation – For the purpose of this rule, "appointing authority" means
the authority which is competent to make appointments to the service or post
from which the railway servant retires.
67. Retirement on completion of 20 years qualifying
service
At any time after a railway servant has completed twenty years'
qualifying service, he may, by giving notice of not less than three months
in writing to appointing authority retire from service:
Provided that this sub-rule shall not apply to a railway servant
including Scientists or technical expert who is –
on assignment under the Indian Technical and Economic Cooperation
(ITEC) Programme of the Ministry of External Affairs and other aid
programmes;
posted abroad in foreign based offices of the Ministries or
Departments;
on a specific contract assignment to a foreign Government unless,
after having been transferred to India, he has resumed the charge of a
post in India and served for a period of not less than one year.
The notice of voluntary retirement given under sub-rule (1) shall
require acceptance by the appointing authority:
Provided that where the appointing authority does not refuse to grant the
permission for retirement before the expiry of the period specified in the
said notice, the retirement shall become effective from the date of expiry
of the said notice.
A railway servant referred to in sub-rule (1), may, make a request
in writing to the appointing authority to accept notice of voluntary
retirement of less than three months giving reason therefor.
on receipt of a request under clause (a), the appointing authority
subject to the provisions of sub-rule (2), may consider such request for
the curtailment of the period of notice of three months on merits and if
it is satisfied that the curtailment of the period of notice will not
cause any administrative inconvenience, the appointing authority may
relax the requirement of notice of three months on the condition that
the railway servant shall not apply for commutation of a part of his
pension before the expiry of the period of notice of three months.
A railway servant, who has elected to retire under this rule and has
given the necessary notice to that effect to the appointing authority, shall
be precluded from withdrawing his notice except with the specific approval
of such authority:
Provided that the request for withdrawal shall be made before the
intended date of his retirement.
The pension and death-cum-retirement gratuity of the railway servant
retiring under this rule shall be based on the emoluments as defined under
rules 49 and
50 and the
increase not exceeding five years in his qualifying service shall not
entitle him to any notional fixation of pay for purposes of calculating
pension and gratuity.
This rule shall not apply to a railway servant who retires from railway
service for being absorbed permanently in an autonomous body or a public
sector undertaking to which he is on deputation at the time of seeking
voluntary retirement.
Explanation – For the purpose of this rule, "appointing authority" means
the authority which is competent to make appointments to the service or post
from which the railway servant seeks voluntary retirement.
68. Addition to qualifying service on voluntary
retirement
The qualifying service as on the date of intended retirement of the
railway servant retiring under
Rule 66 or
Rule 67 of
these rules or clause (k) of
rule 1802
to 1804 of the Code, with or without permission, shall be increased by the
period not exceeding five years, subject to the condition that the total
qualifying service rendered by the railway servant does not in any case
exceed thirty-three years and it does not take him beyond the date of
superannuation.
The weightage of five years under sub-rule (1) shall not be admissible
in cases of those railway servants who are prematurely retired by the
railways in the public interest under clause (b) of sub-rule (1) of
rule 66 of these rules or
rules 1802
to 1804 of the Code.
69. Amount of pension
In the case of a railway servant retiring in accordance with the
provisions of these rules before completing qualifying service of ten years,
the amount of service gratuity shall be calculated at the rate of half
month's emoluments for every completed six-monthly period of service.
In the case of a railway servant retiring in accordance with the
provisions of these rules after completing qualifying service of not
less than thirty-three years, the amount of pension shall be calculated
at fifty percent of average emoluments subject to a maximum of rupees
four thousand five hundred per mensem;
In the case of a railway servant retiring in accordance with the
provisions of these rules before completing qualifying service of
thirty- three years, but after completing the qualifying service of ten
years, the amount of pension shall be proportionate to the amount of
pension admissible under clause (a) and in no case the amount of pension
shall be less than rupees three hundred seventy five per mensem;
notwithstanding anything contained in clauses (a) and (b), the
amount of invalid pension shall not be less than the amount of family
pension admissible under sub-rule (2) of
Rule 75.
In calculating the length of qualifying service fraction of a year equal
to three months and above shall be treated as a completed one half year and
reckoned as qualifying service.
The amount of pension finally determined under clause (a) or clause (b)
of sub-rule (2) shall be expressed in whole rupees and where the pension
contains a fraction of a rupee it shall be rounded off to the next higher
rupee.
In the case of a railway servant, who has completed five years'
qualifying service and has become eligible of service gratuity or
pension under
Rule 69,
shall, on his retirement, be granted retirement gratuity equal to
one-fourth of his emoluments for each completed six monthly period of
qualifying service subject to a maximum of sixteen and one-half times
the emoluments and there shall be no ceiling on reckonable emoluments
for calculating the gratuity.
If a railway servant dies while in service, the amount of death
gratuity shall be paid to the family in the manner indicated in the
Table below:
TABLE
Length of qualifying service
Rate of gratuity
(i)
Less than one year
2 times of emoluments
(ii)
one year or more but less than 5 years
6 times emoluments
(iii)
5 years or more but less than 20 years
12 times of emoluments
(iv)
20 years or more
Half of emoluments for every completed six
monthly period of qualifying service subject to maximum of
thirty-three times emoluments provided that the amount of death
gratuity shall in no case, exceed one lakh rupees.
Provided that the amount of retirement gratuity or death gratuity
payable under this rule shall in no case, exceed rupees **{3.5 Lakh}
Provided further that the amount of retirement or death gratuity as
finally calculated shall be rounded to the next higher rupees.
If a railway servant, who has become eligible for a service gratuity or
pension, dies within five years from the date of his retirement from service
including compulsory retirement as a penalty and the sums actually received
by him at the time of his death on account of such gratuity or pension
including ad-hoc increase, if any, together with the retirement gratuity
admissible under sub-rule (1) and the commuted value of any portion of
pension commuted by him are less than the amount equal to twelve times of
his emoluments, a residuary gratuity equal to the deficiency may be granted
to his family in the manner indicated in sub-rule (1) of
Rule 71.
The emoluments for the purpose of gratuity admissible under this rule
shall be reckoned in accordance with
Rule 49,
***{and in addition DA admissible on the date of retirement/ death of the
Railway employee shall be treated as emoluments.}
Provided that if the emoluments of a railway servant have been reduced
during the last ten months of his service otherwise than as a penalty the
average emoluments as referred to in the
50 shall be
treated as emoluments.
For the purpose of this rule,
Rule 71,
Rule 73,
Rule 74
"family", in relation to railway servant, means –
(i)
Wife or wives including judicially
separated wife or wives in the case of a male railway servant;
(ii)
Husband including judicially separated
husband in the case of a female railway servant;
(iii)
Sons including step-sons and adopted
sons;
(iv)
Unmarried daughters including
step-daughters and adopted daughters;
(v)
Widowed daughters including
step-daughters and adopted daughters;
(vi)
Father
including adoptive parents in the case
of individuals whose personal law permits adoption;
(vii)
mother
(viii)
brother below the age of eighteen years
including step brothers;
(ix)
unmarried sisters and widowed sisters
including step sisters;
(x)
married daughters; and
(xi)
children of pre-deceased son.
71. Persons to whom gratuity is payable
The gratuity payable under
Rule 70
shall be paid to the person or persons on whom the right to receive the
gratuity is conferred by making a nomination under
Rule 74;
If there is no such nominations or if the nomination made does not
subsist, the gratuity shall be paid in the manner indicated below: -
If there are one or more surviving members of the family as in
clauses (i), (ii), (iii) and (iv) of sub-rule (5) of
Rule 70,
to all such members in equal shares;
If there are no such surviving members of the family as in
sub-clause (i) above, but there are one or more members as in
clauses (v), (vi), (vii), (viii), (ix), (x) and (xi) of sub-rule (5)
of Rule
70 to all such members in equal shares.
If a railway servant dies after retirement without receving the gratuity
admissible under sub-rule (1) of
Rule 70, the
gratuity shall be disbursed to the family in the manner indicated in
sub-rule (1).
The right of a female member of the family, or that of a brother of a
railway servant who dies while in service or after retirement, to receive
the share of gratuity shall not be affected if the female member marries or
re-marries or the brother attains the age of eighteen years, after the death
of the railway servant and before receiving his or her share of gratuity.
Where the gratuity is granted under
Rule 70 to a
minor member of the family of the deceased railway servant, it shall be
payable to the guardian on the behalf of the minor.
72. Debarring a person from receiving gratuity
If a person, who in the event of death of a railway servant while in
service is eligible to receive gratuity in terms of
Rule 71, is
charged with the offence of murdering the railway servant or for abetting in
the commission of such an offence, his claim to receive his share of
gratuity shall remain suspended till the conclusion of the criminal
proceedings instituted against him.
If on the conclusion of the criminal proceedings referred to in sub-rule
(1), the person concerned –
is convicted for the murder or abetting in the murder of the railway
servant, he shall be debarred from receiving his share of gratuity which
shall be payable to other eligible members of the family, if any,
if acquitted of the charge of murdering or abetting in the murder of
the railway servant, his share of gratuity shall be payable to him.
The provisions of sub-rules (1) and (2) shall also apply to the
un-disbursed gratuity referred to in sub-rule (2) of Rule 71.
73. Lapse of death-cum-retirement gratuity –
Where a railway servant dies while in service; or after retirement without
receiving the amount of gratuity and leaves behind no family, and
has made no nomination or
the nomination made by him does not subsist the amount of
death-cum-retirement gratuity payable in respect of such railway servant
under rule 70
shall lapse to the Government;
Provided that the amount of death gratuity or retirement gratuity shall
be payable to the person in whose favour a succession certificate in respect
of the gratuity has been granted by a Court of law.
74. Nomination
A railway servant shall on his initial confirmation in a service or
post, make a nomination in
Form 4 or
Form 5, as may
be appropriate in the circumstances of the case, conferring on one or more
persons the right to receive the death-cum-retirement gratuity payable under
Rule 70.
Provided that if at the time of making the nomination –
the railway servant has a family, the nomination shall not be in a
favour of any person or persons other than the members of his family; or
the railway servant has no family, the nomination may be made in
favour of a person or persons, or a body of individuals, whether
incorporated or not.
If a railway servant nominates more than one person under sub-rule (1),
he shall specify in the nomination the amount of share payable to each of
the nominees in such manner as to cover the entire amount of gratuity.
A railway servant may provide in the nomination
that in respect of any specified nominee who pre-deceases the
railway servant, or who dies after the death of the railway servant but
before receiving the payment of gratuity, the right conferred on that
nominee shall pass to such other person as may be specified in the
nomination;
Provided that if at the time of making the nomination the railway
servant has a family consisting of more than one member, the person so
specified shall not be a person other than a member of his family;
Provided further that where a railway servant has only one member in
his family, and a nomination has been made in his favour, it is open to
the railway servant to nominate alternate nominee or nominees in favour
of any person or a body of individuals, whether incorporated or not;
that the nomination shall become invalid in the event of the
happening of the contingency provided therein.
The nomination made by a railway servant who has no family at the time
of making it, or the nomination made by a railway servant under the second
proviso to clause (i) of sub-rule (3) where he has only one member of his
family shall become invalid in the event of the railway servant subsequently
acquiring a family, or an additional member in the family, as the case may
be.
A railway servant may, at any time, cancel nomination by sending a
notice in writing to the authority mentioned in sub-rule (7):
Provided that he shall, alongwith such notice send a fresh nomination
made in accordance with this rule.
Immediately on the death of a nominee in aspect of whom no special
provision has been made in the nomination under clause (i) of sub-rule (3)
or on the occurrence of any event by reason of which the nomination becomes
invalid in pursuance of clause (ii) of that sub-rule, the railway servant
shall send to authority mentioned in sub-rule (7) a notice in writing
cancelling the nomination together with a fresh nomination made in
accordance with this rule.
Every nomination made, and every notice of cancellation given by a
railway servant under these rules, shall be sent by the railway servant
to his Accounts Officer in the case of a gazetted railway servant and to
the Head of his office in the case of non-gazetted railway servant.
Immediately on receipt of a nomination from non-gazetted railway
servant, the Head of Office shall countersign it indicating the date of
receipt and keep it in separate confidential file which should be lodged
for safe keeping with him or other responsible officer nominated by him
for this purpose, and a clear note made in the service record or service
book, as the case may be, of the railway servant as to what nomination
and related notices have been received from him and where they have been
lodged for safe custody and an acknowledgement to the railway servant
concerned confirming that the nominations made by him and the related
notices have been duly received and placed on record shall invariably be
sent to every railway servant making or cancelling a nomination, by the
Accounts Officer in the case of gazetted railway servants and by the
Head of Office in the case of non-gazetted railway servants.
Note: - The power to countersign nominated form sent by non-gazetted
railway servants may be delegated by the Head of Office to his
subordinate gazetted officer.
Every nomination made, and every notice of cancellation given by a
railway servant shall, to the extent that it is valid, take effect from the
date on which it is received by the authority mentioned in sub-rule (7)
75. Family Pension Scheme for railway servants, 1964
The provisions of this rule shall apply
to a railway servant entering service in a pensionable establishment
on or after the 1st January, 1964; and
to a railway servant who was in service on the 31st December, 1963
and came to be governed by the provisions of the Family Pension Scheme
for railway employees, 1964, contained in the Railway Board's letter No.
F(P) 63 PN-1/40 dated the 2nd January 1964 as in force immediately
before the commencement of these rules.
Note: - The provisions of this rule have also been extended from 22nd
September 1977, to railway servants on pensionable establishments who
retired or died before the 31st December, 1963 and also to those who
were alive on that date but had opted out of the 1964 Scheme.
Without prejudice to the provisions contained in sub-rule (3), where a
railway servant dies
after completion of one year of continuous service, or
before completion of one year of continuous service provided the
deceased railway servant concerned immediately prior to his appointment
to the service or post was examined by the appropriate medical authority
and declared fit by that authority for railway service;
after retirement from service and was on the date of death in
receipt of pension, or compassionate allowance, referred to in
Chapter V,
other than the pension referred to in
Rule 53;
the family of the deceased shall be entitled to a family pension 1964
(hereinafter in this rule referred to as family pension) the amount of which
shall be determined in accordance with the Table below: -
TABLE
Basic pay per month of railway servant
Rate of family pension per month inclusive of
dearness relief upto average Consumer Price Index-608
(i)
Not exceeding Rs 1500
30 percent of basic pay subject to a minimum of Rs.
375.
(ii)
Exceeding Rs. 1500 but not exceeding Rs. 3000
15 percent of basic pay subject to a minimum of Rs.
450
(iii)
Exceeding Rs. 3000
15 percent of basic pay subject to a minimum of Rs.
600 and a maximum of Rs. 1250
Explanation – The expression "Continuous one year of service" wherever it
occurs in this rule shall be construed to include "less than one year of
continuous service" as defined in clause (b).
The amount of family pension shall be fixed at monthly rates and
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
specified under this rule shall be allowed.
Where a railway servant, who is not governed by the Workmen's
Compensation Act, 1923 (8 of 1923), dies while in service after
having rendered not less than seven years' continuous service, the
rate of family pension payable to the family shall be equal to fifty
percent of the pay last drawn or twice the family pension admissible
under sub-rule (2), whichever is less, and the amount so admissible
shall be payable from the date following date of death of the
railway servant for a period of seven years, or for a period upto
the date on which the deceased railway servant would have attained
the age of sixty-five years had he survived, whichever is less.
In the event of death of a railway servant after retirement, the
Family Pension as determined under sub-clause (a) shall be payable
for a period of seven years, or for a period upto the date on which
the retired deceased railway servant would have attained the age of
sixty-five years had he survived whichever is less.
That in no case the amount of family pension determined under
sub-clause (b) of this clause should exceed the pension sanctioned
on retirement from railway service:
Provided further that where the amount of pension sanctioned on
retirement is less than the amount or family pension admissible
under sub-rule (2), the amount of family pension determined under
this clause shall be limited to the amount of family pension
admissible under sub-rule (2).
Explanation -For the purpose of this sub-clause "pension
sanctioned on retirement" includes the part of the pension, which
the retired railway servant may have commuted before death.
Where a railway servant, who is governed by the Workmen's
Compensation Act, 1923 (8 of 1923), dies while in service after
having rendered not less than seven years continuous service, the
rate of family pension payable to the family shall be equal to fifty
percent of the pay last drawn or one and a half times the family
pension admissible under sub-rule (2), whichever is less.
The family pension so determined under sub-clause (a) should be
payable for the period mentioned in clause (i):
Provided that where a compensation is not payable under the
aforesaid Act, the pension sanctioning authority shall send a
certificate to the Accounts Officer to the effect that the family of
the deceased railway servant shall be paid family pension on the
scale, and for the period, mentioned in clause (i).
After the expiry of the period referred to in clause (i), the
family, in receipt of family pension under that clause or clause (ii)
shall be entitled to family pension at the rate admissible under
sub-rule (2).
The period for which family pension is payable shall be as follows: -
in the case of a widow or widower, up to the date of death or
remarriage, whichever is earlier;
in the case of a son, until he attains the age of twenty five years;
and
in the case of an unmarried daughter, until she attains the age of
twenty five years or until she gets married, whichever is earlier:
Provided that if the son or daughter, of a railway servant is suffering
from any disorder or disability of mind including
mentally retarded or is physically crippled or disabled so as to
render him or her unable to earn a living even after attaining the age of
twenty-five years, the family pension shall be payable to such son or
daughter for life subject to the following conditions, namely: -
The family pension shall be paid to such sons or daughters through
the guardian as if he or she were a minor on the basis of guardianship
certificate or the guardian appointed by a court except in the case of
physically crippled son/daughter who has attained the age of majority.
the family pension shall be paid to such minor
sons or daughters through the guardian on the basis of guardianship
certificate or the guardian appointed by a Court:
Provided that in respect of such sons or
daughters who have attained the age of majority, it shall not be
necessary to obtain guardianship certificate or appointment of a
guardian by a Court either for grant continuance of family pension to be
sanctioned or continued to be paid to them subject to satisfaction of
other eligibility conditions, under these rules;
before allowing the family pension for life to any such son or
daughter, the sanctioning authority shall satisfy that the handicap is
of such, prevent him or her from earning his or her livelihood and the
same shall be evidenced by a certificate obtained from a medical officer
not below the rank of a Divisional Medical Officer setting out, as far
as possible, the exact mental or physical condition of the child;
the person receiving the family pension as a guardian of such son or
daughter shall produce every three years a certificate from a medical
officer not below the rank of Divisional Medical Officer to the effect
that the son or daughter continues to suffer from disorder or disability
of mind including mentally retarded or
continues to be physically crippled or disabled.
Explanation –
Only that disability which manifests itself before the
retirement or death of the railway servant while in service shall be
taken into account for the purpose of grant of family pension under
this sub-rule.
A daughter shall become ineligible for family pension under this
sub-rule from the date she gets married.
The family pension payable to such a son or daughter shall be
stopped if he or she starts earning his or her livelihood.
In such cases it shall be the duty of the guardian to furnish a
certificate to the Treasury or Bank, or Post Office (Authorised
disbursement units for Railways), as the case may be, every month
that (i) he or she has not started earning his or her livelihood;
(ii) in case of daughter that she has not yet married;
In the case of a mentally retarded son or
daughter, the family pension shall be payable to a person nominated by
the Railway servant or the pensioner, as the case may be, and in case no
such nomination has been furnished to the Head of Office by such Railway
servant or pensioner during his life time, to the person nominated by
the spouse of such Railway servant or family pensioner, as the case may
be, later on.
If the sons and unmarried daughters including sons and unmarried
daughters suffering from disorder or disability of mind
including mentally retarded are alive, the
family pension shall be payable in the order of their birth irrespective
of the sex of the child and the younger of him shall not be eligible for
family pension unless the elder above him or her becomes ineligible for
the grant of family pension. In cases, where the family pension is
payable to twin children, the same shall be payable to such twin
children in equal shares and in the event of any of such children
ceasing to be eligible for family pension, his or her share of family
pension shall not lapse but shall become payable to the other such child
and when both such children become ineligible for family pension, the
family pension shall become payable to the next eligible single child or
twin, as the case may be.
Where the family pension is payable to more widows than one, the
family pension shall be paid to the widows in equal shares.
On the death of a widow, her share of the family pension, shall
become payable to her eligible child:
Provided that if the widow is not survived by any child, her
share of the family pension shall not lapse but shall be payable to
the other widows in equal share, or if there is only one such other
widow, in full, to her.
Where the deceased railway servant or pensioner is survived by a
widow but has left behind eligible child or children from another wife
who is not alive, the eligible child or children shall be entitled to
the share of family pension which the mother would have received if she
had been alive at the time of the death of the railway servant or
pensioner:
Provided that on the share or shares of family pension payable to
such a child or children or to a widow or widows ceasing to be payable,
such share or shares not lapse but shall be payable to the other widow
or widows or the other child or children otherwise eligible in equal
shares, or if there is only one widow or child, in full, to such widow
or child.
Where the deceased railway servant or pensioner is survived by a
widow but has left behind child or children from a divorced wife or
wives, such child or children if they satisfy other conditions of the
eligibility for payment of family pension shall be entitled to the share
of family pension which the mother would have received at the time of
death of the railway servant or pensioner had she not been so divorced:
Provided that on the share or shares of family pension payable to
such a child or children or to a widow or widows ceasing to be payable,
such share or shares shall not lapse but shall be payable to the other
widow or widows or to the child or children otherwise eligible, in equal
shares, or if there is only one widow or child, in full, to such widow
or child.
Except as provided in clause (d) of sub-rule (6) and clause (i) of
sub- rule (7), the family pension shall not be payable to more than one
member of the family at the same time.
If a deceased railway servant or pensioner leaves behind a widow or
widower, the family pension shall become payable to the widow or
widower, failing which to the eligible child.
Where a deceased railway servant or pensioner leaves behind more
children than one, the eldest child shall be entitled to the family pension
for the period mentioned in clause (b) or clause (c) of sub-rule (6), as the
case may be, and after the expiry of that period the next child shall become
eligible for the grant of family pension.
Where family pension is granted under this rule to minor, it shall be
payable to the guardian on behalf of the minor.
In case both wife and husband are railway or Government servants and are
governed by the provisions of this rule or corresponding provisions of the
Central Civil Services (Pensions) Rule, 1972, and one of them dies while in
service or after retirement, the family pension in respect of the deceased
shall become payable to the surviving husband or wife and in the event of
the death of husband or wife, the surviving child or children shall be
granted the two family pensions in respect of the deceased parents, subject
to the limits specified below, namely:-
if the surviving child or children is or are eligible to draw
two family pensions at the rate mentioned in sub-rule (4), the
amount of both the pensions shall be limited to two thousand five
hundred rupees per mensem;
if one of the family pensions ceases to be payable at the rate
mentioned in sub-rule (4), and in lieu thereof the pension at the
rate mentioned in sub-rule (2), becomes payable, the amount of both
the pensions shall also be limited to two thousand five hundred
rupees per mensem;
if both the family pensions are payable at the rates mentioned in
sub- rule (2), the amount of two pensions shall be limited to one
thousand two hundred fifty rupees per mensem.
Where a female railway servant or a male railway servant 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:
Provided that where in a case the judicial separation is granted on the
ground of adultery and the death of the railway servant takes place during
the period of such judicial separation, the family pension shall not be
payable to the person surviving, if such person surviving was held guilty of
committing adultery.
Where a female railway servant or male railway servant dies leaving
behind a judicially separated husband or widow with a child or children,
the family pension payable in respect of the deceased shall be payable
to the surviving person provided he or she is the guardian of such child
or children.
Where the surviving person has ceased to be the guardian of such
child or children, such family pension shall be payable to the person
who is the actual guardian of such child or children.
If a person, who in the event of death of a railway servant while in
service, is eligible to receive family pension under this rule, is
charged with the offence of murdering the railway servant or for
abetting in the commission of such an offence, the claim of such a
person, including other eligible member or members of the family to
receive the family pension, shall remain suspended till the conclusion
of the criminal proceedings instituted against him.
If on the conclusion of the criminal proceedings referred to in
clause (i), the person concerned –
is convicted for the murder of or abetting in the murder of the
railway servant, such a person shall be debarred from receiving the
family pension which shall be payable to other eligible member of
the family, from the date of death of the railway servant;
is acquitted of the charge of murder of or abetting in the
murder of the railway servant, the family pension shall be payable
to such a person from the date of death of the railway servant.
The provisions of clause (i) and (ii) shall also apply for the
family pension becoming payable on the death of a railway servant after
his retirement.
As soon as a railway servant enters railway service, he shall
furnish details of his family in
Form 6 to
the Head of Office and if the railway servant has no family, he shall
furnish the details in Form 6 as soon as he acquires a family.
It shall be the duty of the railway servant to communicate forthwith
to the Head of Office any subsequent change in the size of his family
including the fact of marriage of his or her female child.
In the case of a non-gazetted railway servant the Head of Office
shall keep the form 6 in safe custody and make necessary additions
and alterations in the form on the basis of subsequent information
furnished by the railway servant and all the communications which a
railway servant may address to the Head of Office in this behalf,
shall be acknowledged by the Head of Office.
In the case of a gazetted railway servant, the Head of Office
shall pass on the details of family members as also any additions
and, alterations thereto, to the Accounts Officer for keeping the
same in safe custody. It shall be the duty of the Accounts Officer
to keep these particulars upto date and to acknowledge the receipt
of these communications.
The ad-hoc increase in pension sanctioned in the Ministry of Railways'
letter No. F(P)63 PNI 32 dated the 21st October, 1963, as amended from time
to time, shall not be payable to the family in receipt of family pension
under this rule.
A military pensioner, who on retirement from military service, on
retiring pension, service pension or invalid pension is governed for the
grant of ordinary family pension by Army Instruction 2/S/64 or corresponding
Navy or Air Force instructions and is re-employed in a Railway service or
Railway post before attaining the age of superannuation, shall for the
purpose of eligibility for the family pension admissible under this/rule or
the family pension already authorised under the aforesaid Army/Navy/Air
Force instruction, be governed as follows :—
if he dies while holding a Railway post, his family shall be allowed
family pension under these rules or the family pension authorised at the
time of retirement or discharge from the military service, whichever is
more advantageous to the family;
if he has on appointment to a Railway service or post, opted to
retain military pension for the post military service :—
and retires from the Railway re-employment without earning any
pension therefor, his family shall be entitled to family pension as
authorised at the time of his retirement/discharge from military
service;
retires from Railway re-employment after becoming eligible for
pension therefor, he shall exercise an option at the time of
applying for pension for Railway service either to be governed by
family pension under these rules or to avail of family pension
benefits as authorised at the time of his retirement/ discharge from
military service and the said option once exercised shall be final.
if on appointment to a Railway service or post, he has opted to
surrender military pension and count the military service for railway
pension, his family shall be entitled to family pension under these
rules.
A military pensioner, who on retirement from
military service, on retiring pension, service pension or invalid pension is
governed for the grant of ordinary family pension by Army Instruction 2/S/64
or corresponding Navy or Air Force Instructions and is re-employed in a
railway service or railway post before attaining the age of superannuation,
shall for the purpose of eligibility for the family pension admissible under
this rule or the family pension already authorised under the aforesaid Army,
Navy or Air Force Instruction, be governed as follows: -
If he dies while holding a civil post in a
temporary capacity in the course of re-employment, his family may be
allowed to opt for the family pension admissible under this rule or the
family pension authorised at the time of his retirement or discharge
from the military service under Army Instruction 2/S/64 or the
corresponding Navy or Air Force Instruction;
If he retires from railway service or railway
post without holding a permanent post in a substantive capacity, his
family in the event of his death after retirement shall be eligible for
family pension authorised under Army Instruction 2/S/64 or corresponding
Navy or Air Force Instruction;
If on confirmation in a railway service or a
railway post in the course of his re-employment, he has opted to retain
military pension for the past military service in terms of clause (a) of
sub-rule (1) of
Rule 34, he shall exercise another option to receive family pension
admissible under this rule or the family pension, already authorised
under Army Instruction No. 2/S/64 or the corresponding Navy or Air Force
Instruction and such option shall be exercised within a period of three
months of the date of the issue of orders of substantive appointment to
a railway service or railway post or if he is on leave on that day,
within three months of his return from leave, whichever is later. If no
option is exercised within the period aforesaid, the pensioner shall be
deemed to have opted for family pension authorised under Army
Instruction No. 2/S/64 or the corresponding Navy or Air Force
Instruction; and
If on confirmation in a railway service or
railway post in the course of re-employment he, in terms of clause (b)
of sub-rule (1) of Rule 34 has opted to surrender military pension and
count in lieu thereof military service for civil pension, he shall be
governed by family pension admissible under this rule.
Family pension admissible under this rule shall not be granted to a
person who is already in receipt of family pension or is eligible therefor
under any other rules of the Central Government or a State Government or a
Public Sector Undertaking, Autonomous Body or Local Fund under the Central
or a State Government:
Provided that a person who is otherwise eligible for family pension under
this rule may opt to receive family pension under this rule if he foregoes
family pension admissible from any other source.
###{Provided further that family pension
admissible under the Employees Pension Scheme, 1995, and the Family Pension
Scheme, 1971, shall, however, be allowed in addition to the family pension
admissible under these rules.}
### Inserted vide So No. ..... Issued under
Railway Board's letter No. F(E)III/2000/PN1/23 dt. 18.10.2001 (RBE 209/2001)
"Continuous service" means service rendered in temporary or
permanent capacity in a pensionable establishment and does not include –
Period of suspension, if any, and
Period of service, if any, rendered before attaining the age of
eighteen years;
"family", in relation to railway servant, means –
wife in the case of a male railway servant or husband in the
case of a female railway servant;
a judicially separated wife or husband, such separation not
being granted on the ground of adultery and the person surviving was
not held guilty of committing adultery;
son who has not attained the age of twenty-five years and
unmarried daughter who has not attained the age of twenty five
years, including such son and daughter born after retirement or
adopted legally before retirement but shall
not include a son or daughter adopted after retirement;
the emoluments as specified in clause (a) of
Rule 49,
or
the average emoluments as referred to in
Rule 50
if the emoluments of the deceased railway servant has been reduced
during the last ten months of his service otherwise than as penalty:
Provided that the element of dearness allowances, which has been
treated as dearness pay under the Railway Board's letter No. PC
III/79/DP/1 dated the 11th June, 1979, shall not be treated as pay for
the purpose of this rule.
Nothing contained in this rule shall apply to
a re-employed railway servant who had retired before the 1st
January, 1964, from
railway service on retiring pension, or superannuation pension,
or
military service on retiring pension, service pension or invalid
pension, and who on the date of re-employment, had attained the age
of superannuation applicable to the post in which he is re-employed;
a military pensioner who retired from military service on or after
the1st January, 1964 and who on the date of re-employment in a railway
service or a post had attained the age of superannuation applicable to
the post in which he is re-employed;
a railway servant referred to in
Rule 53,
who on absorption in a corporation or company wholly or substantially
owned or controlled by the Government, or any other body, incorporated
or not, is governed by the provisions of the family pension scheme of
the corporation or company or body, as the case may be.
Dearness relief on pension or family pension –
Relief may be granted to the pensioners and family pensioners in the
form of dearness relief at such rates and conditions as the Government
may specify from time to time.
If a pensioner is re-employed under the Central or a State
Government or a Corporation, Company, Body or Bank, under such
Government in India or abroad including permanent absorption in such
Corporation, Company, Body or Bank, he shall not be eligible to draw
dearness relief on pension or family pension during the period of such
re-employment.
A railway employee who gets permanently
absorbed in terms of clause (a) of
Rule 54 and opts
for lump sum payment in lieu of pro-rata monthly pension in terms of
clause (a) of Rule 54 shall not be eligible for dearness relief.
76. Preparation of list of railway servants due for
retirement
Every Head of Department of Head of Office, as the case may be, shall
have a list prepared every six months, that is, on the 1st January, and the
1st July each year of all railway servants who are due to retire within the
next twenty-four to thirty months of that date.
A copy of every such list shall be supplied to the Accounts Officer
concerned not later than the 31st January or 31st July as the case may be,
of that year.
In the case of a railway servant retiring for reasons other than by way
of superannuation, the Head of Office shall promptly inform the Accounts
Officer concerned, as soon as the fact of such retirement becomes known to
him.
A copy of the intimation sent by the Head of Office to the Accounts
Officer under sub-rule (3) shall also be endorsed to the Engineering
Department of the Railway or the Directorate of Estates, Government of
India, as the case may be if the railway servant concerned is an allottee of
railway or Government accommodation.
77. Intimation to the Director of Estates regarding
Issue of "No Demand Certificate"
The Head of Office shall write to the Directorate of Estates at least
two years before the anticipated date of retirement of the railway servant,
who is in occupation of a Government accommodation (hereinafter referred to
as allottee), for the issue of a 'No Demand Certificate' in respect of the
period preceding eight months of the retirement of the allottee.
On receipt of the intimation under sub-rule (1), the Directorate of
Estates shall take further action as provided in
Rule 16.
78. Preparation of Pension Papers – Every Head
of Office shall undertake the work of preparation of pension papers in
Form 7, two years
before the date on which a railway servant is due to retire on superannuation,
or on the date on which he proceeds on leave preparatory to retirement,
whichever is earlier.
79. Stages for the completion of Pension papers
The Head of Office shall divide the period of preparatory work of two
years referred to in
Rule 78 in the
following three stages, namely: -
First Stage – Verification of Service –
The Head of Office shall go through the service book of the
railway servant and satisfy himself as to whether the certificates
of verification for the entire service are recorded therein.
In respect of the unverified portion or portions of service, he
shall arrange to verify the portion or portions of such service, as
the case may be, with reference to pay bills, acquaintance rolls or
other relevant records and record necessary Certificates in the
service book.
If the service for any period is not capable of being verified
in the manner specified in sub-clause (i) and sub-clause (ii), that
period of service having been rendered by the railway servant in
another Office or Department, a reference shall be made to the Head
of Office in which the railway servant is shown to have served
during that period for the purpose of verification.
If any portion of service rendered by a railway servant is not
capable of being verified in the manner specified in sub-clause (i),
or sub-clause (ii), or sub-clause (iii), the railway servant shall
be asked to file a written statement on plain paper stating that he
had in fact rendered that period of service and shall, at the foot
of the statement, make and subscribe to a declaration as to the
truth of that statement, and shall in support of such declaration
produce all documentary evidence and furnish all information which
is in his power to produce or furnish.
The Head of Office shall, after taking into consideration the
facts in the written statement and the evidence produced and the
information furnished by that railway servant in support of the said
period of service, admit that portion of service as having been
rendered for the purpose of calculating the pension of that railway
servant.
Second Stage – Making good omission in the service book
The Head of Office while scrutinising the certificates of
verification of service, shall also identify if there are any other
omissions, imperfections or deficiencies which have a direct bearing
on the determination of emoluments and the service qualifying for
pension.
Every effort shall be made to complete the verification of
service, as in clause (a) and to make good omissions, imperfections
or deficiencies referred to in sub-clause (i) of this clause and any
omissions, imperfections or deficiencies including the portion of
service shown as unverified in the service book which it has not
been possible to verify in accordance with the procedure laid down
in clause (a) shall be ignored and service qualifying for pension
shall be determined on the basis of the entries in the service book.
For the purpose of calculation of average emoluments, the Head
of Office shall verify from the service book the correctness of the
emoluments drawn or to be drawn during the last ten months of
service and in order to ensure that the emoluments during the last
ten months of service have been correctly shown in the service book,
the Head of Office may verify the correctness of emoluments for the
period of twenty four months only preceding the date of retirement
of a railway servant, and not for any period prior to that date.
Third Stage-As soon as the second stage is completed and in any case
not later than ten months prior to the date of retirement of the Railway
servant, the Head of Office shall take the following action
He shall furnish to the retiring Railway servant a certificate
regarding the length of qualifying service proposed to be admitted
for purpose of pension and gratuity as also the emoluments and the
average emoluments proposed to be reckoned with for retirement
gratuity and pension. In case the certified service and emoluments
as indicated by the Head of Office are not acceptable to him he
shall furnish to the Head of Office the reasons for non-acceptance
inter alia supported by the relevant documents in support of his
claim.
In case of any difficulty in determining the length of
qualifying service on account of non-availability of service
records, the retiring Railway servant shall be asked to file a
written statement of service as provided in clause (ii) of sub-rule
(1) and sub-rule (2) of
rule 91.
Forward to the retiring Railway servant
Form 8
advising him to submit the same duly completed in all respects so as
to reach the Head of Office not later than eight months prior to his
date of retirement.
Third Stage - Obtaining
Form 8 by
the Head of Office – The Head of office shall, eight months prior to the
date of retirement of the railway servant, obtain Form 8 from him duly
completed.
80. Completion of Pension Papers – The Head of
office shall complete Part1 of
Form 7 not later
than six months of the date of retirement of the railway servant.
81. Forwarding of Pension papers to Accounts Officer
After complying with the requirement of
Rule 79 and
Rule 80, the
Head of Office shall forward to the Accounts Officer
Form 7 and
Form 8 duly
completed with a covering letter in
Form 9
alongwith service book of the railway servant duly completed, upto date, and
any other documents relied upon for the verification of service.
The Head of Office shall retain a copy each of the Forms referred to in
sub-rule (1) for his records.
Where the payment is desired in another circle of accounting unit, the
Head of Office shall send Form 7, in duplicate, to the Accounts Officer.
The papers referred to in sub-rule (1) shall be forwarded to the
Accounts Officer not later than six months before the date of retirement of
the railway servant.
82. Intimation to Accounts Officer regarding any event
having bearing on pension – If after the pension papers have been
forwarded to the Accounts officer within the period specified in sub-rule (4) of
Rule 81, any
event occurs which has a bearing on the amount of pension admissible, the fact
shall be promptly reported to the Accounts Officer by the Head of Office.
83. Intimation of the particulars of railway dues to
the Accounts Officer
The Head of Office after ascertaining the railway dues as in
Rule 15, shall
furnish the particulars thereof to the Accounts Officer at least two months
before the date of retirement of a railway servant so that the dues are
recovered out of the gratuity before its payment is authorised.
If, after the particulars of railway dues have been intimated to the
Accounts Officer under sub-rule (1), any additional railway dues come to the
notice of the Head of Office, such dues shall be promptly reported to the
Accounts Officer.
84. Payment of provisional pension and gratuity through
money order or bank draft – If the provisional pension or gratuity or
both, sanctioned under sub-rule (4) of
Rule 91, is desired
to be paid by the pensioner through money order or bank draft, the same shall be
remitted to him through money order or bank draft at his cost:
Provided that in the case of any pensioner who has been authorised payment of
provisional pension not exceeding two hundred and fifty rupees per mensem
(inclusive of the amount of relief on pension) that amount shall, at the request
of the pensioner, be remitted to him by money order at Railways expense.
85. Authorisation of pension and gratuity by the
Accounts Officer
On receipt of pension papers referred to in
rule 81,
the Accounts Officer shall apply the requisite checks, record the
account enfacement in Part II of
Form 7 and
assess the amount of pension and gratuity and issue the pension payment
order not later than one month in advance of the date of the retirement
of the railway servant if the pension is payable in his circle of
accounting unit.
If the pension is payable in another circle of accounting unit, the
Accounts Officer shall send the pension payment order along with a copy
of Form 7 and the accounts enforcement to the Accounts Officer of that
accounting unit for arranging payment.
The amount of gratuity as determined by the Accounts Officer under
clause (a) of sub-rule (1) shall be intimated to the Head of Office with the
remarks that the amount of gratuity may be drawn for disbursement to the
retired railway servant after adjusting the Government dues, if any,
referred to in rule
15.
The amount of gratuity withheld under sub-rule (5) of
rule 16 shall
be adjusted by the Head of Office against the outstanding licence fee
intimated by the Directorate of Estates and the balance, if any, refunded to
the retired railway servant.
86. Railway servants on deputation
In the case of a railway servant who retires while on deputation to a
Central Government Department, action to authorise pension and gratuity in
accordance with the provisions of this Chapter shall be taken by the Head of
Office of the borrowing 'Parent' Department.
In the case of a railway servant who retires from service, while on
deputation to a State Government or while on foreign service, action to
authorise pension and gratuity in accordance with the provision of this
chapter shall be taken by the Head of Office of the cadre authority which
sanctioned deputation to the State Government or to foreign service.
In the case of Central Government employees belonging to various
Ministries or Departments who happen to be on deputation to Railways at the
time of their retirement, their pension cases shall be handled by the parent
Ministry or Department from where they proceeded on deputation.
If the payment of gratuity has been authorised after three months from
the date when its payment became due on superannuation and it is clearly
established that the delay in payment was attributable to administrative
lapse, interest at such rate as may be specified from time to time by the
Central Government in this behalf on the amount of gratuity in respect of
the period beyond three months shall be paid.
Provided that the delay in the payment was not caused on account of
failure on the part of the railway servant to comply with the procedure laid
down in this Chapter.
Every case of delayed payment of gratuity shall be considered by the
General Manager or Administrative Head of the Railway Unit, as the case may
be, and where the said General Manager or Administrative Head is satisfied
that the delay in the payment of gratuity was caused on account of
administrative lapse, he shall order for arranging the payment of interest.
The powers to pass order for payment of interest on delayed payment of
death-cum-retirement gratuity shall rest with General Manager or
Administrative Head of the Railway Unit and shall not be delegated to any
lower authority.
In all cases where the payment of interest has been ordered, the railway
shall fix the responsibility and take disciplinary action against the
railway servant or servants concerned who are found responsible for the
delay in the payment of gratuity.
If as a result of Government's decision taken subsequent to the
retirement of a railway servant, the amount of gratuity already paid on his
retirement is enhanced on account of –
grant of emoluments higher than the emoluments on which gratuity
already paid was determined, or
liberalisation in the provisions of these rules from a date prior to
the date of retirement of the railway servant concerned, no interest on
the arrears of gratuity shall be paid.
Gratuity becomes due immediately on retirement and in case of a railway
servant dying in service, action for finalising his pension and
death-cum-retirement gratuity shall be taken in accordance with the
provisions of
Chapter IX.
88. Date of retirement to be notified – When a
railway servant retires from service in the case of a gazetted railway servant,
a notification in the Official Gazette, and in the case of a non-gazetted
railway servant, an office order, shall be issued specifying the date of
retirement within a week of such date and a copy of every such notification or
office order, as the case may be, shall be forwarded immediately to the Accounts
Officer.
Provided that where a notification in the Official Gazette or an office
order, as the case may be, regarding the grant of leave preparatory to
retirement to a railway servant is issued, a further notification or office
order that the railway servant has actually retired on the expiry of such leave
shall not be necessary unless the leave is curtailed and the retirement is for
any reason anti-dated or postponed.
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RAILWAY SERVICES (PENSION) RULES, 1993
CHAPTER - VIII
AUTHORITY COMPETENT TO SANCTION AMOUNTS OF PENSION AND GRATUITY
89. Authority competent to sanction pensionary benefits
The pensionary benefits and commutation of pension shall be sanctioned
and recoveries therefrom ordered by the concerned authority, specified
below, namely
the General Manager in the case of a railway servant who is employed
under the administrative control of a General Manager;
the Head of the Department or Office or Project, in the case of a
railway servant who is employed in a Department or Office of Project
directly under the control of the Railway Board;
the Secretary, Railway Board in the case of a railway servant not
above the rank of a Section Officer who is employed in the Office of the
Railway Board;
the Railway Board in the case of a Head of Department or Office or
Project directly under the control of the Railway Board, and a General
Manager and an Officer above the rank of a Section Officer who is
employed in the Railway Board.
The power to sanction or pass order by the officers referred in to
clauses (a) and (b) of sub-rule (1) may be delegated to the Heads of
Departments or Divisional Railway Managers, as the case may be, or in the
case of non-gazetted railway servant to a Divisional Officer and such power
of the Secretary, Railway Board referred to in clause (c) of sub-rule (1)
may be exercised by the Joint Secretary in the Ministry of Railways in the
case of Officers not above the rank of Section Officers, and by a Deputy
Secretary to whom powers may be delegated in this behalf by the Railway
Board in the case of non-gazetted railway servant of the Railway Board’s
Office. In the case of non-gazetted staff employed in the Research, Designs
and Standards Organisation, the powers of the Director General, Research,
Designs and Standard Organisation may be delegated to the Deputy Director
General, Research, Designs and Standard Organisation.
90. Revision of pension after sanction
Subject to the provisions of
rules 8 and
9 pension once
sanctioned after final assessment shall not be revised to the disadvantage
of the railway servant unless such revision becomes necessary on account of
detection of a clerical error subsequently
Provided that no revision of pension to the disadvantage of the pensioner
shall be ordered by the Head of Office without the concurrence of the
Railway Board if the clerical error is detected after a period of two years
from the date of sanction of pension.
For the purpose of sub-rule (1), the retired railway servant concerned
shall be served with a notice by the Head of Office requiring him to refund
the excess payment of pension within a period of two months from the date of
receipt of notice by him.
In case the railway servant fails to comply with the notice, the Head of
Office shall, by order in writing, direct that such excess payment shall be
adjusted in instalments by short payments of pension in future, in one or
more instalments, as the Head of Office may direct.
The various stages of action laid down in
rule 79 shall
be strictly followed by the Head of Office. There may be an isolated case
where inspite of following the procedure laid in rule 79, it may not be
possible for the Head of Office to forward the pension papers referred to in
rule 81 to the
Accounts Officer within the period specified in sub-rule (4) of that rule;
or where the pension papers have been forwarded to the Accounts Officer
within the specified period but the Accounts Officer may have returned the
pension papers to the Head of Office for eliciting further information
before issue of pension payment order and order for the payment of gratuity.
If the Head of Office in such a case is of the opinion that the railway
servant is likely to retire before his pension or gratuity or both, can be
finally assessed and settled in accordance with the provisions of these
rules, he shall without delay, take steps to determine the qualifying years
of service and the emoluments qualifying for pension after a most careful
summary investigations that may be made. For this purpose, he shall
rely upon such information as may be available in the official
records; and
ask the retiring railway servant to file a written statement on
plain paper stating the total length of qualifying service including
details of emoluments drawn during the last ten months of service but
excluding the breaks and other non-qualifying periods of service.
The railway servant while furnishing the statement, as in clause (ii) of
sub-rule (1) shall, at the foot of the statement, make and subscribe to a
declaration as to the truth of the statement.
The Head of Office shall, thereafter determine the qualifying years of
service and the emoluments qualifying for pension in accordance with the
information available in the official records and the information obtained
from the retiring railway servant under sub-rule (1) and he shall, then,
determine the amount of provisional pension and the amount of the
provisional death-cum-retirement gratuity.
After the amount of pension and gratuity have been determined under
sub-clause (3), the Head of Office shall take further action as follows –
He shall issue a sanction letter addressed to the railway servant
endorsing a copy thereof to the Accounts Officer authorising –
hundred per cent of pension as determined under sub-rule (3) as
provisional pension for a period not exceeding six months to be
reckoned from the date of retirement of the railway servant; and
hundred per cent of the gratuity as provisional gratuity as
determined under sub-rule (3) withholding that part of gratuity as
provided in these rules.
He shall indicate in the sanction letter the amount recoverable from
the gratuity under sub-rule (1) of
rule 83.
After issue of the sanction letter he shall draw
the amount of provisional pension; and
the amount of provisional gratuity after deducting therefrom the
amount mentioned in sub-clause (ii) of clause (a).
The amount of provisional pension and gratuity payable under sub-rule
(4) shall, if necessary, be revised on the completion of the detailed
scrutiny of the records.
The payment of provisional pension shall not continue beyond the
period of six months from the date of retirement of the railway servant.
If the amount of final pension and the amount of final gratuity had been
determined by the Head of Office in consultation with the Accounts
Officer before the expiry of the said period of six months, the Accounts
Officer shall –
issue the pension payment order; and
direct the Head of Office to draw and disburse the difference
between the final amount of gratuity and the amount of provisional
gratuity paid under sub-clause (ii) of clause (b) of sub-rule (4)
after adjusting the Government dues, if any, which may have come to
notice after the payment of provisional gratuity.
if the amount of provisional pension disbursed to a railway servant
under sub-rule (4) is, on its final assessment, found to be in excess of
the final pension assessed by the Accounts Officer, it shall be open to
the Accounts Officer to adjust the excess amount of pension, in
instalments, by making short payments of the pension payable in future.
If the amount of provisional gratuity disbursed by the Head of
Office under sub-rule (4) is larger than the amount finally
assessed, the retired railway servant shall not be required to
refund the excess amount actually disbursed to him.
The Head of Office shall ensure that chances of disbursing the
amount of gratuity in excess of the amount finally assessed are
minimised and the officials responsible for the excess payment shall
be accountable for the overpayment.
If the final amount of pension and gratuity have not been determined by
the Head of Office in consultation with the Accounts Officer within a period
of six months referred to in clause (a) of sub-rule (6), the Accounts
Officer shall treat the provisional pension and gratuity as final and issue
pension payment order immediately on the expiry of the period of six months.
As soon as the pension payment order has been issued by the Accounts
Officer under clause (a) of the sub-rule (6) or sub-rule (7), the Head of
Office shall take steps to refund the amount of withheld gratuity under
sub-clause (ii) of clause (a) of sub-rule (4) to the retired railway servant
after adjusting railway dues or Government dues which may have come to
notice after the payment of provisional gratuity under sub-clause (ii) of
clause (b) of sub-rule (4). If the railway servant was an allottee of
Government accommodation or railway accommodation, the withheld amount
should be refunded on receipt of 'No Demand Certificate' from the
Directorate of Estates or on vacation of railway accommodation as the case
may be.
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RAILWAY SERVICES (PENSION) RULES, 1993
CHAPTER - IX
FAMILY PENSION AND DEATH-CUM-RETIREMENT GRATUITY IN RESPECT OF RAILWAY
SERVANTS DYING WHILE IN SERVICE
92. Obtaining of claims for family pension and
death-cum-retirement gratuity
Where the Head of Office has received an intimation about the death of a
railway servant while in service, he shall ascertain whether any
death-cum-retirement gratuity or family pension or both is or are payable in
respect of such deceased railway servant.
Where the family of the deceased railway servant is eligible for the
death-cum-retirement gratuity under
rule 70, the
Head of Office shall ascertain: -
if the deceased railway servant had nominated any person or
persons to receive the gratuity; and
if the deceased railway servant had not made any nomination or
the nomination made does not subsist, the person or persons to whom
the gratuity may be payable.
The Head of Office shall, than, address the person concerned in
Form 11 or
Form 12, as
may be appropriate for making a claim in
Form 13
Where the family of the deceased railway servant eligible under
rule 75 for the
Family Pension, 1964 –
the Head of Office shall address the widow or widower in
Form 14 for
making a claim in
Form 10,
and
where the deceased railway servant is survived only by a child or
children, the guardian of such child or children, may submit a claim in
Form 10 to
the Head of Office;
Provided that the guardian shall not be required to submit a claim in
the said Form on behalf of a child who had attained the age of eighteen
years and such child may himself or herself submit a claim in the said
Form.
93. Completion of Form 16
The Head of Office while taking action to obtain claim or claims
from the family in accordance with the provisions of
Rule 92
shall simultaneously undertake the completion of
Form 16.
The work shall be completed within one month of the date on which
intimation regarding the death of the railway servant has been received.
The Head of Office shall go through the service book of the deceased
railway servant and satisfy himself as to whether certificates of
verification of service for the entire service are recorded therein.
If there are any periods of unverified service, the Head of Office
shall accept the unverified portion of service as verified on the basis
of the available entries in the service book. For this purpose the Head
of Office may rely on any other relevant material to which he may have
ready access. While accepting the unverified portion of service, the
Head of Office shall ensure that service was continuous and was not
forfeited on account of dismissal, removal or resignation from service,
or for the participation in strike.
For the purpose of determination of emoluments for family pension
and death-cum-retirement gratuity, the Head of Office shall confine the
verification of the correctness of emoluments for a maximum period of
one-year preceding the date of death of the railway servant.
In case the railway servant was on extraordinary leave on the date
of death, the correctness of the emoluments for a maximum period of one
year which he drew preceding the date of the commencement of the
extraordinary leave shall be verified.
The process of determination of qualifying service and qualifying
emoluments shall be completed within one month of the receipt of intimation
regarding the date of death of the railway servant and the amount of family
pension and death-cum-retirement gratuity shall also be calculated
accordingly.
94. Determination of the amount of family pension and
gratuity where service records are incomplete
According to the instruction in vogue on the date of commencement of
these rules, there should not be any case where service book has not been
maintained properly. If, in any particular case the service book has not
been maintained properly despite the Government’s order on the subject, and
it is not possible for the Head of Office to accept the unverified portion
of service as verified on the basis of entries in the service book, the Head
of Office shall not proceed with the verification of the entire spell of
service and the verification of service in such a case shall be confined to
the following spells of service: -
If the deceased railway servant on the date of death had rendered
more than one year of service but less than seven years of service, the
service and emoluments for the last year of service shall be verified
and accepted by the Head of Office and the amount of family pension 1964
determined under sub-rule (2) and sub-rule(3) of
Rule 75.
If the deceased railway servant on the date of his death had
rendered more than seven years of service, the service for the last
seven years and emoluments for service rendered in the last year shall
be verified and accepted by the Head of Office and the amount of Family
Pension 1964 and the period for which it is payable shall be determined
in accordance with the provisions of sub-rule (4) of Rule 75.
If the deceased railway servant on the date of his death had
rendered more than seven years of service and the service of last seven
years is not capable of being verified and accepted by the Head of the
office but the service rendered during the last year is capable of being
verified and accepted, the Head of the Office, pending the verification
of service for seven years shall calculate the amount of Family Pension
in accordance with the provisions of sub-rule (2) and sub-rule (3) of
Rule 75.
The service for the last seven years shall be verified and accepted
within the next two months and the amount of family pension at the
enhanced rate and the period for which it is payable shall be determined
in accordance with the provisions of sub-rule (4) of Rule 75.
The determination of the amount of family pension in accordance with
the provisions of sub-clauses (i), (ii) and (iii) shall be done within
one month of the receipt of intimation of the date of death of the
railway servant.
For the purpose of death-cum-retirement gratuity: -
If the deceased railway servant had on the date of his death
rendered more than five years of qualifying service but less than twenty
four years of qualifying service, and the spell of last five years
service has been verified and accepted by the Head of Office under
clause (a), the amount of death-cum-retirement gratuity shall be equal
to twelve times of his emoluments as indicated in clause (b) of sub-rule
(1) of Rule 70,
where the verified and accepted service is less than five years of
qualifying service, the amount of death-cum-retirement gratuity shall be
the amount as indicated in item (i) or item (ii) in the Table below
clause (b) of sub-rule (1) of Rule 70 as the case may be.
If the deceased railway servant had rendered more than twenty four
years of service and the entire service is not capable of being verified
and accepted but the service for the last five years has been verified
and accepted, under sub-clause (1), the family of the deceased railway
servant shall be allowed, on provisional basis, the death-cum-retirement
gratuity equal to twelve times of the emoluments. Final amount of
gratuity shall be determined by the Head of Office on the acceptance and
verification of the entire spell of service which shall be done by the
Head of Office within a period of six months from the date on which the
authority for the payment of provisional gratuity was issued. The
balance, if any, becoming payable as a result of determination of the
final amount of death-cum-retirement gratuity shall then be authorised
to the beneficiaries.
95. Forwarding of papers to the Accounts Officer
On receipt of claim or claims, the Head of Office shall complete items
20, 21, 22, 23 and 24 of
Form 16 and
send the said form in original to the Accounts Officer with a covering
letter in Form 17 along with the railway servant's service book duly
complete up-to-date and any other documents relied upon for the verification
of the service claimed. This shall be done not later than one month of the
receipt of claim by the Head of Office.
The Head of Office shall retain one copy of the aforesaid Form 16 for
his office record.
If the payment is desired in another circle of accounting unit, Form 16
shall be sent in duplicate to the Account Officer.
The Head of Office shall draw the attention of the Accounts Officer to
the details of Government or railway dues outstanding against the deceased
railway servant, namely: -
Government or railway dues as ascertained and assessed in terms of
Rule 15 and
recoverable out of the gratuity before payment is authorised.
Amount of gratuity to be held over partly for adjustment of railway
dues which have not been assessed so far and partly as a margin for
adjustment in the light of the final determination of the gratuity.
If Form 16 has been completed and the claim or claims in the
respective Forms have not been received from the beneficiary or
beneficiaries, the Head of Office shall forward Form 16 and the
documents referred to in sub-rule (1) to the Accounts Officer leaving
unfilled items 20, 21, 22, 23 and 24 of Part I of the said Form.
As soon as the claim or claims are received by the Head of Office,
they shall immediately be forwarded to the Accounts Officer with the
request that items 20, 21, 22, 23 and 24 of Part I of Form 16 may be
filled by the Accounts Officer.
96. Sanction, drawl and disbursement of provisional
Family Pension and gratuity
After the documents referred to in
Rule 95 have
been sent to the Accounts Officer concerned, the Head of Office shall draw
provisional family pension not exceeding the maximum family pension and
hundred per cent of the gratuity as determined in accordance with the
provisions of this Chapter and, for this purpose the Head of Office, shall
adopt the following procedure, namely: -
he shall issue a sanction letter in favour of claimant or claimants
endorsing a copy thereof to the Accounts Officer concerned indicating
the amount of provisional family pension and hundred percent of the
gratuity as determined;
he shall indicate in the sanction letter the amount recoverable out
of the gratuity under sub-rule (4) of Rule 95;
after issue of the sanction letter he shall draw: -
the amount of the provisional family pension; and
the amount of hundred percent of the gratuity after deducting
therefrom the dues mentioned in clause (b), in the same manner as
pay and allowances of the establishment are drawn by him.
The Head of Office shall disburse the provisional family pension
(including arrears, if any) and the gratuity immediately after the same have
been drawn under sub-rule (1).
The payment of provisional family pension shall continue for a period of
six months from the date of following the date of death of the railway
servant unless the period is extended by the Accounts Officer under the
proviso to sub-rule (1) of
Rule 97.
The Head of Office shall inform the Accounts Officer: -
as soon as the gratuity has been paid to the claimant or claimants;
and
as soon as the provisional family pension has been paid for a period
of six months or for the period extended under provision to sub-rule (1)
of Rule 97, as the case may be.
If the claimant or any of the claimants desire the payment of
provisional family pension or of gratuity or of both through money order or
bank draft, the same shall be remitted to him or her through money order or
bank draft at his or her own cost:
Provided that in the case of any claimant who is sanctioned a provisional
family pension not exceeding two hundred and fifty rupees (inclusive of
relief on family pension) per mensem, the amount of pension shall, at the
request of the claimant, be remitted to his or her by money order or bank
draft at Government expense.
97. Authorisation of final pension and balance of the
gratuity by the Accounts Officer
On receipt of the documents referred to in sub-rule (1) of
Rule 95, the
Accounts Officer shall, within a period of three months from the date of
receipt of the documents apply the requisite checks and complete Section I
of Part II of Form
16 and assess the amount of family pension and gratuity;
Provided that if the Accounts Officer is, for any reason, unable to
assess the amount within the period aforesaid, he shall communicate the fact
to the Head of Office to continue to disburse the provisional family pension
to the claimants for such period as may be specified by the Accounts
Officer.
If the family pension is payable in his circle of accounting unit,
the Accounts Officer shall prepare the pension payment order.
The payment of family pension shall be
The Accounts Officer shall intimate to the effective from the
date following the date of which the payment of provisional family
pension ceased.
Arrears of family pension if any, in respect of the period for which
provisional family pension was drawn and disbursed by the Head of Office
shall also be authorised by the Accounts Officer.
The Accounts Officer shall determine the amount of the balance of
the gratuity after adjusting the amount, if any, outstanding against the
deceased railway servant.
The Accounts Officer shall intimate to the Head of Office, the
amount of the balance of the gratuity determined under clause (a) with
the remarks that the amount of the balance of the gratuity may be drawn
and disbursed by the Head of Office to the person or persons to whom the
provisional gratuity has been paid.
The amount of gratuity adjusted under sub-clause (a) for non-
vacation of Railway accommodation shall be adjusted by the Head of
Office against the outstanding licence fee and the balance, if any,
refunded to the person or persons to whom gratuity has been paid.
The fact of the issue of the pension payment order shall be promptly
reported to the Head of Office by the Accounts Officer and the documents
which are no longer required shall also be returned to him.
If the final family pension including the arrears of provisional family
pension is payable in another circle of accounting unit, the Accounts
Officer shall send the pension payment order together with a copy of Form 16
duly completed to the Accounts Officer of that unit for arranging payment;
Provided that the adjustment of provisional family pension drawn and
disbursed by the Head of Office, shall be made by the Accounts Officer in
whose circle of accounting unit the provisional family pension was paid.
If the amount of provisional family pension as disbursed by the Head of
Office is found to be in excess of the final family pension assessed by the
Accounts Officer, it shall be open to the Accounts Officer to adjust the
excess amount in instalments by the short payments of family pension payable
in future.
If the amount of gratuity disbursed by the Head of Office proves to
be larger than the amount finally assessed by the Accounts Officer the
beneficiary shall not be required to refund the excess.
The Head of Office shall ensure that chances of disbursing the
amount of gratuity in excess of the amount actually admissible are
minimised and the official or officials responsible for the excess
payment shall be accountable for the over-payment.
98. Adjustment of Government dues or railway dues
Dues pertaining to Government accommodation,
if on the date of death, the railway servant was allotee of
Government accommodation, the Head of Office on receipt of intimation
regarding the death of such railway servant shall within seven days of
the receipt of such intimation, write to the Directorate of Estates for
the issue of 'No Demand Certificate' so that authorisation of family
pension and death-cum-retirement gratuity is not delayed. While
addressing the Directorate of Estates for the issue of 'No Demand
Certificate', the Head of Office shall also supply the following
information in duplicate (one copy) marked to the Rent Wing and the
second to the Allotment wing-
name of the deceased railway servant with designation;
particulars of the accommodation ( quarter No., type and
locality) ;
date of death of railway servant;
whether the railway servant was on leave at the time of his
death and if so, the period and nature of leave
whether the railway servant was enjoying rent free
accommodation;
the period upto which licence fee had been recovered from the
pay and allowances of the deceased railway servant and the monthly
rate of recovery and particulars of the pay bill under which last
recovery was made;
if the licence fee had not been recovered upto the date of death
and the family intends to retain Government accommodation for the
permissible period of four months from the date of death of the
railway servant, details of the ,-
period for which licence fee still remains to be recovered;
the amount of licence fee in respect of the period at (1) to
be determined on the basis of the standard rent bill;
the amount of licence fee for the retention of Government
accommodation by the family of the deceased railway servant for
the concessional period of four months beyond the date of death
of the railway servant to be determined on the basis of standard
bill;
the amount of licence fee sanctioned at (2) and (3) proposed
to be recovered out of death-cum-retirement gratuity;
details of any previous reference from the Directorate
of Estates having bearing on the recovery of licence fee
outstanding against the allottee and action taken therein.
The Head of Office shall recover from the death-cum-
retirement gratuity the amount of licence fee as intimated
to the Directorate of Estates under-clause (i)
The recovery of licence fee for the occupation of
Government accommodation beyond the permissible period of
four months shall be the Directorate of Estates.
The Directorate of Estates shall scrutinize their
records with a view to determine if licence fee other than
the license fee referred to in clause (i) was outstanding
against the deceased railway servant. If any recovery is
found, the amount and the period or periods to which such
recovery or recoveries relate shall be communicated to the
Head of Office within a period of three months of the
receipts of intimation regarding the death of the railway
servant under clause (i).
Pending receipt of information under clause (iv), the
Head of Office shall withhold ten percent of the death-cum-
retirement gratuity or one thousand rupees, whichever is
less.
If no intimation is received by the Head of Office
within the period specified under clause (iv) regarding
recovery of licence fee, it shall be presumed that nothing
was recoverable from the deceased railway servant and the
amount of gratuity withheld shall be paid to the person or
persons to whom the amount of death-gratuity was paid.
If the Head of Office has received intimation from the
Directorate of Estates under clause (vi) regarding
licence fee outstanding against the deceased railway
servant, the Head of Office shall verify from the aquittance
rolls if the outstanding amount of licence fee was recovered
from the pay and allowances of the deceased railway servant.
If as a result of verification, it is found that the amount
of licence fee shown as outstanding by the Directorate of
Estates, had already been recovered, the Head of Office
shall draw the attention of the Directorate of Estates to
the pay bills under which the necessary recovery of the
licence fee was made and subject to the provisions of
sub-rule (2) take steps to pay the amount of the gratuity
with held under clause (v) to the person or persons to whom
the death gratuity was paid.
If the outstanding amount of licence fee was not
recovered from the pay and allowances of the deceased
railway servant, the outstanding amount shall be adjusted
against the amount of the gratuity with held under clause
(v) and the balance, if any, repaid to the person to whom
the amount of death-cum-retirement gratuity was paid.
The Head of Office shall, within one month of the receipt of intimation
regarding death of a railway servant, take steps to ascertain if any dues as
referred to in Rule
15 and sub-rule (6) of
Rule 16 were
recoverable from the deceased railway servant. Such ascertainable dues shall
be recovered from the amount of death-cum-retirement gratuity becoming
payable to the family of the deceased railway servant.
99. Payment of family pension and death-cum-retirement
gratuity when a railway servant dies while on deputation
In the case of a railway servant who dies while on deputation to another
Central Government Department, action to authorize family pension and
death-cum-retirement gratuity in accordance with the provisions of this
Chapter shall be taken by the Head of Office of the borrowing Department.
In the case of a railway servant who dies while on deputation to a State
Government or while on foreign service, action to authorise the payment of
family pension and death-cum-retirement gratuity in accordance with the
provisions of this Chapter shall be taken by the concerned Head of Office
from where the railway servant proceeded on deputation to the State
Government or to the foreign service.
In the case of a Central Government employee belonging to a Ministry or
Department dies while on deputation to the railway, action to authorise the
payments of family pension and death-cum-retirement gratuity in accordance
with the provisions of this Chapter shall be taken by the parent Ministry of
Department from where he has proceeded on deputation to the railway.
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RAILWAY SERVICES (PENSION) RULES, 1993
CHAPTER - X
SANCTION OF FAMILY PENSION AND RESIDUARY GRATUITY IN RESPECT OF DECEASED
PENSIONERS
100. Sanction of family pension and residuary gratuity
on the death of a pensioner
where the Head of Office has received intimation regarding the death of
a retired railway servant who was in receipt of pension, he shall ascertain
whether any family pension or residuary gratuity is or both are payable in
respect of the deceased pensioner;
Provided that the Head of Office may, when he considers it necessary to
do so, consult the Accounts Officer.
If the deceased pensioners is survived by a widow or widower who
is eligible for the grant of Family Pension 1964 under
rule 75,
the amount of Family Pension 1964 as indicated in the Pension
Payment Order shall become payable to the widow or widower, as the
case may be, from the day following the date of death of the
pensioner.
On receipt of an application from the widow or widower, the
pension disbursing authority from whom the deceased pensioner was
drawing his or her pension shall authorise the payment of Family
Pension 1964 to the widow or widower, as the case may be.
Where the deceased pensioner is survived by a child or children,
the guardian of the child or children may submit a claim in
Form 10
to the Head of Office for the payment of Family Pension 1964:
Provided that the guardian shall not be required to submit a
claim in the said Form on behalf of the son or unmarried daughter if
he or she has attained the age of eighteen years and such a son or
daughter may himself or herself submit a claim in the said Form.
On receipt of a claim from the guardian, the Head of Office
shall sanction the Family Pension 1964 in
Form 18.
Where a widow or widower in receipt of Family Pension 1964
remarries and has, at the time of re-marriage, child or children
from the former spouse who is or are eligible for Family Pension
1964; the remarried individual shall be eligible to draw the Family
Pension 1964 on behalf of such child or children if such individual
continues to be the guardian of such child or children.
For the purpose of sub-clause (i), the remarried individual
shall apply to the Head of Office on plain paper furnishing the
following particulars, namely:
a declaration that the applicant continues to be the
guardian of such child or children;
the date of remarriage;
the name and date of birth of the child or children from the
former spouse;
the pension disbursing authority from where payment of
Family Pension 1964 on behalf of such child or children is
desired;
full postal address of the applicant.
If the remarried individual has, for any reason, ceased to be
the guardian of such child or children, the Family Pension 1964
shall become payable to the person entitled to act as guardian of
such child or children under the law for the time being in force and
such person may submit a claim in
Form 10
to the Head of Office for the payment of Family Pension 1964 :
Provided that the guardian shall not be required to submit a
claim in the said Form on behalf of the son or unmarried daughter if
he or she has attained the age of eighteen years and such son or
daughter may himself or herself submit a claim in the said Form.
On receipt of the claim referred to in sub-clause (iii) the Head
of Office shall sanction Family Pension 1964 in
Form 19.
Where a widow or widower in receipt of Family Pension 1964 dies
and leaves behind child or children who is or are eligible for
Family Pension 1964, the guardian may submit a claim in
Form 10
to the Head of Office for the payment of Family Pension 1964:
Provided that the guardian shall not be required to submit a
claim in the said Form on behalf of the son or unmarried daughter if
he or she has attained the age of eighteen years and such a son or
daughter may himself or herself submit claim in the said Form.
On receipt of a claim under sub-clause (i) the Head of Office
shall sanction Family Pension 1964 in
Form 19.
Where on death of a retired railway servant a residuary gratuity becomes
payable to the family of the deceased under sub-rule (2) of
rule 70, the
Head of Office shall sanction its payment on receipt of a claim or claims in
Form 20 from
the person or persons eligible to receive the residuary gratuity.
101. Authorization of payment by Accounts Officer
- On receipt of the sanction under
rule 100
regarding the payment of family pension or of residuary gratuity or of both, the
Accounts Officer shall authorise the payment of the same.
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Except in the case of a railway servant to whom the provisions of
rule 53 apply
and subject to the provisions of
rule 9 and
10 a pension,
other than family pension, shall become payable from the date on which a
railway servant ceases to be borne on the establishment.
Pension, including family pension shall be payable for the day on which
its recipient dies.
103. Currency in which pension is payable – All
pensions including gratuities admissible under these rule shall be payable in
rupees in India only.
104. Manner of payment of gratuity and pension
Except as otherwise provided in these rules, a gratuity shall be paid in
lump sum.
A pension fixed at monthly rates shall be payable monthly on or after
the first day of the following month.
105. Application of Treasury Rules – Save as
otherwise provided in these rules, the Treasury Rules of the Central Government
shall apply in regard to the procedure of payment of
pension;
pension undrawn for more than a year; and
pension in respect of a deceased pensioner.
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106. Interpretation - Where any doubt arises as
to the interpretation of these rules, it shall be referred to the Government in
the Ministry of Railway (Railway Board), for decision. The Ministry of Railways
(Railway Board) shall take decision after consulting the Department of Pension
and Pensioners’ Welfare of the Government of India.
107. Power of relax – Where the pension
sanctioning authority is satisfied that the operation of any of these rules
causes undue hardship in any particular case, that authority, may for reasons to
be recorded in writing, approach the Ministry of Railways (Railway Board) for
dispensing with or relaxing the requirements of that rule to such extent and
subject to such exceptions and conditions as it may consider necessary for
dealing with the case in a just and equitable manner. The Ministry of Railways
(Railway Board) shall examine each such case and arrange to communicate the
sanction of the President to the proposed dispensation or relaxation, as it may
consider necessary keeping in view the merits of each case and keeping in view
of an other statutory provisions:
Provided that no such order shall be made without concurrence of the
Department of Pension and Pensioners’ Welfare, in the Ministry of Personnel,
Public Grievances and Pensions, Government of India.
108. Repeal and saving
On the commencement of these rules, every rule, (including those
contained in volume II of the Indian Railway Establishment Code, Fifth
Reprint), regulation or order including circulars (hereinafter referred to
in this rule as old rules) in force immediately before such commencement
shall, in so far as it provides for any of the matters contained in these
rules, cease to operate;
Notwithstanding such cases of operation
every nomination for the payment of death-cum-retirement
gratuity, or of Family Pension 1950;
every form regarding the details of family of a railway servant
for the purpose of Family Pension 1964; and
any nomination for the payment of death-cum-retirement gratuity or
of (Family Pension 1950), any Form regarding the details of family of a
railway servant for the purpose of Family Pension 1964 as required to be
made for given by a railway servant under the old rule but not made or
given before the commencement of these rules shall be made or given
after such commencement in accordance with the provisions of these
rules;
any case which pertains to the authorisation of pension to a railway
servant who had retired before the commencement of these rules and is
pending before such commencement shall be disposed of in accordance with
the provisions of the old rules as if these rules had not been made;
any case which pertains to the authorisation of death-cum-gratuity
and family pension to the family of a deceased railway servant or of a
deceased pensioner and is pending before the commencement of these rules
shall be disposed of in accordance with the provisions of the old rules
as if these rules had not been made;
subject to the provisions of clause (c) and (d) anything done or any
action taken under the old rule shall be deemed to have been done or
taken under the corresponding provisions of these rules.