1

GOVERNMENT OF HARYANA FINANCE DEPARTMENT THE HARYANA CIVIL SERVICES RULES PART III - Pension Rules (1st Edition)

2 PREFACE The Finance Department of Haryana has brought out a set of new Haryana Civil Services Rules in eight parts, which have been issued, in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, as under: (1) Part I General Rules contains rules relating to pay fixation, joining time, foreign service and other general conditions of service; (2) Part II- Leave Rules - contains rules relating to various kinds of leave; (3) Part III Pension Rules - contains rules relating to pension and family pension; (4) Part IV Provident Fund Rules contains rules relating to General Provident Fund; (5) Part V Travelling Allowance Rules travelling allowance; (6) Part VI Other Compensatory Allowances Rules contains rules relating to house rent allowance, conveyance allowance, hill allowance etc.; (7) Part VII Government Employees Conduct Rules contains rules relating to conduct of a Government employee in service; and (8) Part VIII Punishment and Appeal Rules contains rules relating to punishment and appeal. 2. These rules in VIII parts are mainly based on the existing rules and contains rules relating to

orders contained in the Punjab Civil Services Rules, Volume I, Part I Main Rules (First Edition) 1941 and further modified in the background of the changes resulting from the partition of the Punjab and constitutional requirement. 3. The Punjab Civil Services Rules, Volume I, II and III published in 1941

(First Edition) were being used by the Government, with amendments from time to time, till date before the updation in the present form, and these rules have been brought out in VIII parts, as detailed above, for the sake of convenience and facility for easy handling of the books to the readers.

3 4. These rules will apply to Government employees belonging to the

categories mentioned in rule 1.2 of Part I General Rules of these rules from the date of issue of this publication. 5. These rules, except Travelling Allowance Rules contained in Part V of

these rules, shall not apply to members of the I.A.S. and I.P.S. serving under the Haryana Government. However, they will be governed by the rules issued by the President of India in this behalf. 6. The opportunity has also been taken to include important orders

relating to interpretation of rules, in the form of Notes or Illustrations below the relevant rule. 7. The forms which have been adopted in these rules have been given a

separate new series GR, LR and PF (abbreviation for General Rules, Leave Rules, Provident Fund Rules) series. 8. The Finance Department of Haryana Government is the rule making

competent authority for interpretation, modification and changes in the existing rules contained in Haryana Civil Services Rules, Part I to VI and the Chief Secretary, General Administration Department is the competent rule making authority for Part VII - Government Employees Conduct Rules and Part VIII Punishment and Appeal Rules. 9. I appreciate and acknowledge the hard work put in by Sh. Sumer Singh

Bishnoi, Principal, Accounts Training Institute, Haryana, Panchkula for updating, re-writing and re-drafting of Civil Services Rules in VIII parts. 10. All Government employees who notice any errors or omissions in these

rules, are requested to bring them to the notice of their Head of Departments, who will please submit their proposals to the Finance Department, through the Administrative Department concerned for Part I to VI and to the Chief

Secretary, General Administration Department for Part VII and VIII respectively. Sanjeev Kaushal Financial Commissioner & Principal Secretary to Government, Haryana, Finance Department.

Dated :

The Haryana Civil Services Rules Part III Pension Rules Chapter I Preliminary Section - I 1.1. Short title and commencement: (a) These rules may be called the Haryana Civil Services Rules, Part III

Pension Rules, 2012. (b) These rules have been issued by the Governor of Haryana under

proviso to Article 309 of the Constitution of India. (c) They shall come into force on the date of their publication in the official

gazettee. 1.2. Extent of Application and Definitions: (a) Save as otherwise provided in these rules, these rules shall apply to Govt. employees appointed on or before 31st day of December, 2005, who are borne on pensionable establishments, but shall not apply to (i) persons in casual and daily-rated employment; (ii) persons paid from contingencies; (iii) persons entitled to the benefit of a Contributory Provident Fund; (iv) members of the All India Services (v) persons employed on contract except when the contract provides otherwise; and (vi) persons whose terms and conditions of service are regulated by or under the provisions of the Constitution or any other law for the time being in force. (b) The provisions of rules 1.5 to 1.8 of Haryana Civil Services Rules, Part

I - General Rules shall apply mutatis mutandis to the rules in this part also.

Section II Definitions 1.3. The terms defined in Chapter II of Haryana Civil Services Rules, Part I

General Rules have, unless there is anything repugnant in the subject or context, the same meaning and implications when used in this part. Note.- Unless the contrary appears from the context or subject the term "pay" means pay as defined in Rule 2.37 (a)(i) of Haryana Civil Services

5 Rules, Part I General Rules i.e. pay in pay band plus grade pay in the revised pay structure. Section III Repeal and Saving 1.4. The pension rules contained in Punjab Civil Services Rules, Volume II and Family Pension Scheme, 1964 contained in Appendix I to the ibid rules are hereby repealed. Anything done or any action taken under rules so repealed, shall be deemed to have been done or taken under the corresponding provisions of these rules.

6 B Ordinary Pensions Chapter II - General Provisions for Grant of Pensions Section I - General

2.1.

Every pension shall be held to have been granted subject to the

conditions contained in rules 5.1 to 5.9 of these rules. 2.2. (a) Future good conduct shall be an implied condition of every grant

of a pension and its continuance under these rules. (b) The appointing authority reserves to itself the right of withholding or withdrawing a pension or any part of it, whether permanently or for a specified period, if the pensioner is convicted of serious crime or is found guilty of grave misconduct. The decision of the appointing authority on any question of withholding or withdrawing the whole or any part of pension under this rule shall be final and conclusive: Provided that, where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount fixed as minimum pension. (2) 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 judgement of the Court relating to such conviction. (3) In a case not falling under sub-rule (2), if the authority referred to in subrule (1) considers that the pensioner is prima facie guilty of grave misconduct, it shall before passing an order under sub-rule(1), (a) 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 (b) take into consideration the representation, if any, submitted by the pensioner under Clause (a). 3(A) Without prejudice to the provisions of sub-rule (3), no Government employee who having worked in any intelligence or security-related Organization included in the Second Schedule to the Right to Information

7 Act, 2005, shall without prior clearance from the Head of the Department in the aforesaid Organizations make any publication after retirement of any material relating to sensitive information, the disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State or relation with a foreign State, or which would lead to incitement of an offence; (b) The Government employees who have worked in any Intelligence or Security-related Organization included in the Second Schedule to the Right to Information Act, 2005, shall given an undertaking in regard to the above restriction in Form 26 appended to these rules and any failure to observe such an undertaking on the part of the retired Government employees shall be treated as grave misconduct under this rule; (4) 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. (5) An appeal against an order under sub-rule (1), passed by 7 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 the 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) and the expression grave misconduct includes the communication or disclosure of any secret official code or pass-word or any sketch, plan, model, article, note, document or information such as it mentioned in Section 5 of the said Act (which was obtained while holding office under the Government) so as to prejudicially affect the interests of the General Public or the security of the State. 2.3. (a) A claim against the Government employee may become known

and the question of making recovery may arise (i) when the calculation of pension is being made and before the pension

is actually sanctioned; or (ii) (b) after the pension has been sanctioned. The claim and the recovery may be one or other of the following

categories:-

8 (1) Recovery as a punitive measure in order to make good loss caused to

Government as a result of negligence or fraud on the part of the person concerned while he was in service. (2) Recovery of other Government dues such as over issues of pay,

allowances or leave salary, or admitted and obvious dues such as house rent, travelling allowance, outstanding motor car, house building, or other advances. (3) (c) Recovery of non-Government dues. In cases falling under (a) above, none of the recoveries mentioned

in (1) to (3) above may be effected by a reduction of the pension about to be sanctioned except in the following circumstances:(i) When the pensioner by request made or consent given has agreed that

the recovery may be made. If such request is not made or consent is not given by the pensioner, even sums admittedly due to Government on account of over payment of pay and allowances, outstanding advances etc., may not be recovered from pension. However these sums may be recovered from the other outstanding dues of the employee such as pay or leave salary, leave encashment and death-cum retirement gratuity. In case the sums due to Government cannot be fully recovered, in this manner, then a suit for recovery shall be filed in a court of law. (d) In cases falling under (b) above, none of the recoveries described in

clauses (1) to (3) may be effected by the deduction from a pension already sanctioned except at the request or with the express consent of the pensioner. Under rule 2.2 (a) of these rules, future good conduct is an implied condition of every grant of a pension and a pension can be withheld or withdrawn in whole or in part, if the pensioner is convicted of serious crime or is guilty of grave misconduct. This, however, refers only to crime or

misconduct occurring after the pensioner has retired from service, and the rule would not, therefore, cover a reduction of pension made for the purpose of retrieving loss caused to Government as a result of negligence or fraud on the part of the pensioner occurring before he had retired from service. In cases where the pensioner does not agree to recovery being made even of sums admittedly due to Government, the provision under (c) above will also be applicable.

9 Note1.- Heads of offices should see that all the outstanding sums against the employee are adjusted against the dues of the employee such as pay, leave salary or leave encashment. In case the outstanding sums are not feasible to be recovered fully then the outstanding amount should be clearly and completely noted in the last pay certificate for effecting recovery from deathcum retirement gratuity and if the recovery is to be effected from pension, it should be clearly recorded on the last pay certificate itself that the request or express consent of the pensioner in writing to the recovery

from his pension has been obtained. Note 2.- The compassionate allowance is an ex-gratia monthly payment and is not a kind of pension, recoveries from it may also not be made without the consent of the recipient. Note 3.- The recovery from pension is not permissible but if final recovery has been made it need not be refunded to the pensioner concerned. 2.4. The Government further reserve to themselves the right of withholding

or withdrawing a pension or any part of it, whether permanently or for a specified period and the right of ordering the recovery from a pension of the whole or part of any pecuniary loss caused to Government, if the pensioner is found in departmental or judicial proceedings, to have been guilty of

grave misconduct or to have caused pecuniary loss to Government by misconduct or negligence, during his service including service rendered on re-employment after retirement: Provided that (1) such departmental proceedings, if instituted while the Government

employee was in service whether before his retirement or during his reemployment shall after the final retirement of the Government employee, be deemed to be a proceeding under this rule and shall be continued and

concluded by the authority by which it was commenced in the same manner and as if the Government employee had continued in service, (2) such departmental proceedings, if not instituted while the

Government employee was on duty either employment,-

before retirement or during re-

(i) shall not be instituted save with the sanction of the Government;

10 (ii) shall be in respect of an event which took place not more than four years before the institution of such proceedings; and (iii) shall be conducted by such authority and at such place or places as the Government may direct and in accordance with the an

procedure applicable to departmental proceedings in which order of dismissal from service could be made; (3) such judicial proceedings, if not instituted while the

Government

employee was on duty either before his retirement or

during his re-

employment, shall be instituted in respect of an event as is mentioned in clause (ii) of proviso (2); and (4) The Haryana Public Service Commission or The Haryana Staff

Selection Commission, as the case may be, shall be consulted before final orders are passed. Explanation:- For the purpose of this rule:(1) departmental proceedings shall be deemed to have been instituted

when the charges framed against the pensioner are issued to him or, if the Government employee has been placed under suspension from an earlier date, on such date; and (2) judicial proceedings shall be deemed to have been instituted. (i) in the case of criminal proceeding, on the date on which the

complaint is made or a challan is submitted to a criminal court; and (ii) in the case of civil proceeding, on the date on which the plaint is presented or, as the case may be, an application is made to civil court. Note 1.- As soon as proceedings of the nature referred to in the above rule are instituted, the authority which institutes without delay such proceedings should

intimate the fact to the Accountant General.

Note 2.- In a case in which a pension as such is not withheld or withdrawn, but the amount of any pecuniary loss caused to Government is ordered to be recovered from the pension, the recovery should not ordinarily be made at a rate exceeding one-third of the gross pension originally sanctioned including any amount which may have been commuted. Note 3.- Where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount fixed as minimum pension.

11 Section II- Compassionate Allowance 2.5. No pension may be granted to a Government employee dismissed or

removed for misconduct, insolvency or inefficiency; but to Government employees so dismissed or removed, compassionate allowances may be granted when they are deserving of special consideration: Provided that the allowance granted to any Government employee shall

not exceed two-thirds of the pension which would have been admissible to him if he had retired on medical certificate. Note 1.- This rule vests Government with an absolute discretion to grant or not to grant any compassionate allowance, the only restriction being that

if granted, it shall not exceed the maximum of two-thirds of the pension that would be admissible to the Government employee concerned on retirement on medical certificate. It is practically impossible in view of the wide

variations that naturally exist in the circumstances attending each case, to lay down categorically precise principles that can uniformally be applied to

individual cases. Each case, has, therefore, to be considered on its merits and a conclusion has to be reached on the question whether there were any such extenuating features in the case as would make the punishment awarded, though it may have been necessary in the interests of

Government, unduly hard on the individual. In considering this question, it has been the practice to take into account not only the actual misconduct or course of misconduct which occasioned the dismissal or removal of the Government employee, but also the kind of service he has rendered. Where the course of misconduct carries with it the legitimate inference that the

Government employee service has been dishonest there can seldom be any good case for a compassionate allowance. Poverty is not an essential

condition precedent to the grant of a compassionate allowance, but special regard is also occasionally paid to the fact that the officer has a wife and children dependent upon him, though this factor by itself, is not, except perhaps in the most exceptional circumstances, sufficient for the grant of a compassionate allowance. (See also note 2 below Rule 11.1)

12 Note 2.- A commutation to such an allowance may be sanctioned by a competent authority only on proof that the proceeds of the commutation will be invested for the permanent benefit of the commuters family. Note 3.- In cases where it is proposed to grant a Government employee dismissed or removed from service, a compassionate allowance, sanctioning the

authority should not condone deficiencies in service, for the

purpose of determining the amount of pension that would have been admissible to him if he had retired on medical certificate on the basis of which the compassionate allowance is calculated. Section III Limitations 2.6. (a) A Government employee cannot earn two pensions in the

same post at the same time, or by the same continuous service. (b) Save as provided in rule 3.15 of Haryana Civil Services Rules, Part - I,

General Rules, two Government employees may not simultaneously count service in respect of the same post.

13 CHAPTER III - Service Qualifying for Pension Section I General A - Beginning of Service 3.1. Unless it is otherwise provided by special rule or contract, the service

of every Government employee begins to qualify for pension when he takes charge of the post to which he is first appointed. 3.2. Except for compensation gratuity, the service of a Government

employee does not qualify till he has completed eighteen years of age. Section II - Conditions of Qualification A General 3.3. The service of a Government employee does not qualify for pension

unless it conforms to the following three conditions:First - The service must be under Government. Second - The employment must be regular. Third - The service must be paid for by Government. B- First Condition - Service under Government 3.4. The service of a Government employee does not qualify unless he is

appointed and his duties and pay are regulated by the Government, or under conditions determined by the Government. C- Second Condition Regular Employment (i) - General 3.5. If an employee was holding a regular post on the date of his retirement,

his temporary/ officiating/ permanent continuous service without interruption from the date of his regular employment in the same or another post under the State Government, shall count in full as qualifying service for pension. Note 1.- In the case of a Central/State Governments employee who is permanently transferred to Haryana Government and becomes subject to these rules, the terms "temporary/ officiating/ permanent continuous service", shall include such service rendered under Central/ State Governments. Note 2.- In respect of employees, who render service under the

Central/State Governments prior to securing posts under the Haryana State on their own volition in response to advertisements or circulars, their service in the previous Government shall be counted as qualifying service for pension provided they apply for the post through proper channel.

14 Note 3.- Where an employee is required for administrative reasons for

satisfying technical requirement, to tender resignation from the post held by him before joining the new appointment in Haryana State, a certificate to the effect that such resignation had been tendered for administrative reasons and/or to satisfy a technical requirement, to join, with proper permission, the new post, 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. The sanction regarding the counting of such service for pension be accorded by the competent authority on the request of the employee within a reasonable time after appointment and not at the time of his retirement. The gratuity, if any, received by the Government employee for such service from Haryana the previous Government Government in will have to alongwith be refunded by him to interest with annual

lumpsum,

compounding at the rate applicable to General Provident Fund. (b) The employee who while holding a post under Central/State

Governments apply for a post under Haryana State direct without permission and resigns his previous post to join the new appointment shall not be entitled to count his previous service for pension. 3.6. (a) Subject to the provisions of clause (d) below, all regular service treated as

interrupted or continuous under Haryana Government shall be

qualifying service for pension. The adhoc service followed by regularization shall also be counted as qualifying service for pension. The period of break in between two or more spells of service shall be omitted while working out aggregate service. (b) Extraordinary leave counted towards increments under rule 4.9 (b) (ii)

of Haryana Civil Services Rules, Part-I, General Rules will be treated as service qualifying for pension. (c) Periods of suspension, dismissal, removal, compulsory retirement

followed by re-instatement will count for pension to the extent permissible under rule 4.9 of these Rules readwith rule 7.3 of the Haryana Civil Services Rules, Part-I, General Rules. (d) for Resignation from the public service or dismissal or removal from it

misconduct, insolvency, inefficiency, not due to age, or failure to pass a

15 prescribed examination will entail forfeiture of past service in terms of rule 4.10 (a) of these Rules. (e) An interruption in the service of a Government employee caused by

wilful absence from duty and unauthorized absence without leave will as hitherto entail forfeiture of past service.

Explanation .- The wilful refusal to perform duties by a Government employee by any means including pen down strikes shall be deemed to be wilful absence from duty. (f) The service paid from contingencies followed by regularization will

count as qualifying service subject to the following conditions: (i) Service paid from contingencies should have been in a job involving

whole time employment and not part time for a portion of day; (ii) Service paid from contingencies should be in a type of work or job for

which regular post should have been sanctioned; (iii) The service should have been such for which the payment is made

either on monthly or daily rates computed and paid on a monthly basis and which though not analogous to the regular scale of pay/ pay structure should bear some relations in the matter of pay to those being paid for similar jobs being performed by staff in regular establishments; and (iv) The service paid from contingencies should have been continuous and

followed by absorption in regular employment without a break. Note .While bringing contingent paid employee to the regular

establishment an entry for verification of contingent service should be made at the appropriate place in his service book, preferably before making

any entry regarding his regular service in the following manner:"Service from__________ to___________ paid out of contingencies verified This entry

from acquaintance rolls and office copies of contingent bills". should be signed by the Head of Office with date. (g)

The entire service rendered by an employee as work charged shall be

reckoned towards retirement benefits provided: (i) (ii) such service is followed by regular employment; there is no interruption in the two or more spells of service or the

interruptions fall within condonable limits; and

16 (iii) day. 3.7. 3.8. Service as an apprentice does not qualify for pension. If the post held by a Government employee is abolished within the such service is a whole time employment and not part-time or portion of

meaning of Rule 5.2, but the Government employee, at that time is on duty to another post, or on abolition of his post is deputed to another post, his service on duty to another post qualifies for pension till final decision is taken to retain or retire him. D - Third Condition - Service Paid by Government (i) Service paid from Government revenues 3.9. Service paid from the Government revenues means the service paid

from the consolidated fund of the State and is to be treated as qualifying service for pension. (ii) Service paid from Local Funds 3.10. Except as otherwise provided by the competent authority the service paid from a Local Fund does not qualify for pension. 3.11. When a pension is payable partly by Government and partly by a Local Fund, the Local Fund concerned may pay the capitalized value (calculated on the basis of the table of Commutation values for pensions applicable to the pensioners, increased by 10 per cent) of its share of the pension to Government which will thereupon accept liability for the payment of the entire pension. 3.12. The Government does not guarantee the solvency of Funds formed by the subscriptions of Local Fund employees and established to provide pensions for the subscribers thereto.

17 CHAPTER IV - Reckoning of Service for Pension Section I Introductory 4.1. The conditions and limitations under which service in a post qualifies special

for pension are laid down in Chapter III. The rules governing

additions to service qualifying for superannuation pension, and those relating to the counting of Military Service, periods of leave, suspensions, resignations, etc., for pension, and condonation of breaks and deficiencies in service are contained in the succeeding sections of this Chapter. Section II - Special Additions to Service Qualifying for Superannuation Pension 4.2. (1) A Government employee who retires from a service or post 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 period by which his age at the time of recruitment exceeds twenty-five years or a period of five years,

whichever is least, if the service or post to which the Government employee is appointed is one,(a) for which post-graduate research or in specialist qualification, or

experience and (b)

scientific, technological or professional fields is essential;

to which

candidates of more

than

twenty-five years of age are

normally recruited: Provided that this concession shall not be admissible to a Government employee unless his actual qualifying service at the time he quits Government 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 contained a specific provision that the service or post is one which carries the benefit of this rule: Provided further that this concession shall not be admissible to those who are eligible for counting their past service for superannuation pension, unless they opt for it at the time of appointment, the option once exercised shall be final, for the weightage of service foregoing the counting of the past service.

18 (2) In case of direct recruit to the Superior Judicial Service appointed from

the bar, the actual period of practice at bar not exceeding ten years, shall be added to his service qualifying for superannuation pension and other retirement benefits. Note 1.- The decision to grant the concession under this rule shall be taken by the Administrative Department at the time of recruitment in consultation with the Finance Department and the Public Service Commission. Section III - Counting of Military Service towards Civil Pension 4.3. (a) Service rendered by an employee, which is pensionable under

Military Rules but which terminates before a pension has been earned in respect of it, may be allowed to count, when followed by service qualifying for pension under civil rules, as part of such service. Service so allowed to count shall, however, be restricted to service, within or outside employees unit or department, in India or elsewhere, which has been paid from Indian revenues or for which a pensionary contribution has been received by Indian revenues: Provided that any bonus or gratuity received in lieu of pension on, or since, discharge from Military service, shall be refunded in such number of monthly instalments, not normally exceeding 36 and beginning from such date, as in each case, the Government may decide. The amount shall be refunded alongwith interest calculated at the rate applicable on General Provident Fund accumulation from time to time computed in the same manner (i.e. with annual compounding) for the period from date of receipt of pensionary/gratuity benefits till the date of refund to the Government: Provided further that in cases where after the issue of the orders by the competent authority on the basis of option exercised by an employee for counting of past service for pensionary benefits, if an individual does not deposit the amount of bonus/gratuity already received by him from military authorities within one month of the receipt of communication from the Government, penal interest at the rate of 10% per annum shall also be charged in addition to normal rate of interest. (b) Service pensionable under military rules which does not terminate

before a pension has been earned in respect of it shall not be allowed to count for pension under civil rules without the sanction of the competent authority.

19 Note 1.- When an order is passed under this rule allowing previous military service to count as part of the service qualifying for civil pension, it should be taken as carrying with it condonation of breaks, if any, in the Military service, or the break, if any, between the military service and the civil service. Note 2.- The sanction regarding the counting of military service should be accorded by the competent authority at the time of appointment of the person concerned and not at the time of his retirement from civil service.

Sanctions accorded in such cases are required specially to mention the amount of gratuity or bonus recoverable, the number of monthly

instalments in which the bonus or gratuity is to be recovered and the date from which the recovery is to commence. If, in any case, the gratuity is not to be recovered, the fact will be specially stated in the sanction. The gratuity once refunded in order to secure the benefit of counting former military service for civil pension cannot be paid back in any circumstances. Note 3.- The expression "gratuity or bonus" occurring in clause (a) refer to service gratuity or bonus only, and not war gratuity or bonus, received as a reward for War service.

Section IV- Periods of Leave/Authorised Absence from Duty A - Periods of Leave 4.4. In respect of Government employees who retire or die on or after the 22nd April, 1964, the time passed on leave of all kinds except extraordinary leave taken otherwise than on medical certificate shall count as service for pension. The competent authority may direct that extraordinary leave taken for prosecuting higher scientific and technical studies shall be counted for pension. The period of overstayal of leave does not count for pension. B - Periods of Training 4.5. A competent authority will decide in the case of a Government

employee (including a person in training for, but not actually appointed to, Government Service) or any specified class of Government employees who is selected to undergo a course of training, whether the time spent in training shall count as service qualifying for pension. 4.6. In respect of Government employees, who are required to undergo training relating to jobs before they are put on regular

departmental

20 employment, training period may be treated as qualifying service for

pension, if the training is followed immediately by regular appointment. This benefit will be admissible to all such employees even if they are not given the scales of pay of the post but only a nominal allowance during the training. C- Deputation out of India 4.7. When a Government employee is deputed out of India on duty, the

whole period of his absence from India counts for pension. The Government employee when already on leave out of India is employed, or is detained after the termination of his leave, on duty, the period of such employment

or detention counts for pension. Note. - The period of deputation converted into leave should count for pension as leave and not as deputation. Such leave, if consists of a period of extra ordinary leave, the same may be treated as qualifying for pension with the approval of competent authority. D - Period of Voyage to India on Recall to Duty 4.8. Time spent on the voyage to India by a Government employee who is

recalled to duty before the expiry of any recognized leave out of India counts as qualifying for pension provided his return to duty is compulsory. Section V- Suspensions, Resignations, Breaks and Deficiencies in Service A- Periods of Suspension 4.9. Time passed by a Government employee under suspension pending

inquiry into conduct shall count as qualifying service where, on conclusion of such inquiry, he has been fully exonerated or the suspension is held to be wholly unjustified. In other cases, the period of suspension shall not count unless the authority competent to pass orders under the rule governing such cases expressly declares at the time that it shall count to such extent. B- Resignations and Dismissals 4.10. (a) Resignation from public service, dismissal or removal from it,

either under proviso (c) to Article 311 (2) of the Constitution for over antinational activities such as sabotages espionage etc. or for misconduct, age or failure to pass a prescribed be

insolvency, inefficiency not due to examination, entails forfeiture of

past service and no pension shall

granted in the aforementioned circumstances:

21 Provided that in the case of those Government employees whose removal or dismissal results from participation in other objectionable activities affecting or endangering the security of the State, such proportionate by the Committee Civil Services (Safe-

pension may be granted as may be recommended of the Advisors constituted under the Haryana

guarding of National Security) Rules, 1971. (b) Resignation of an appointment to take up, with proper permission, appointment, whether permanent or temporary, service in which

another

counts in full or in part, is not a resignation of public service. (c) two In cases where an interruption in service is inevitable due to the appointments being at different stations, such interruptions, not

exceeding the joining time permissible under the rules on transfer, shall be covered by grant of leave of any kind due to the Government employee on the date of relief or by formal condonation under Rule 4.14 to the

extent to which the period is not covered by leave due to the Government employee. Note. - The previous service of a Government employee is forfeited who takes up another appointment by resigning the previous service of his own accord. 4.11. (a) A Government employee who is dismissed, removed or

compulsorily retired from public service, but is reinstated on appeal or revision, is entitled to count his past service. (b) The period of break in service between the date of dismissal, removal as the case may be, and the date of

or compulsory retirement,

reinstatement, and the period of suspension (if any) shall not count unless regularized as duty or leave by a specific order of the authority which passed the order of reinstatement. C - Interruptions 4.12. An interruption in the service of a Government employee entails forfeiture of his past service, except in the following cases:(a) (b) (c) Authorized leave of absence; Unauthorized absence in continuation of authorized leave of absence; Suspension where it is immediately followed by reinstatement

whether to the same or different office, or where the officer dies or is permitted to retire or is retired while under suspension;

22 (d) Abolition of post or loss of appointment owing to reduction of

establishment; (e) Transfer to non-qualifying service in an establishment under

Government control, if such transfer has been made by competent authority in the public interest; (f) Joining time while on transfer from one post to another.

Note 1.- Joining time would not qualify if no allowances are admissible under Chapter VII of Haryana Civil Services, Part I, General Rules. 4.13. The authority which sanctions the pension may commute

retrospectively periods of absence without leave into leave without allowances or extraordinary leave. Note. - The power under this rule of commuting retrospectively

periods of absence without leave into leave without allowances is absolute, the purpose of the rule being merely to obviate, for purposes of pension, the forfeiture of past service. D - Condonation of Interruptions and Deficiencies 4.14. Interruption between two spells of service rendered by a Government employee under Government may be condoned subject to the following conditions:(i) The interruption should have been caused by reasons beyond the

control of the Government employee. (ii) Service preceding the interruption should not be less than two years

duration. (iii) The interruption should not be more than one years duration.

23 CHAPTER V Different Kinds of Pensions and Conditions for Grant of Pension Section I- Classification of Pensions 5.1. (a) (b) (c) (d) Pensions are divided into four classes as under:Compensation Pensions (see Section II). Invalid Pensions (see Section III). Superannuation Pensions (see Section IV). Retiring Pensions (see Section V). Section II - Compensation Pension A Conditions of Grant 5.2. (1) If a Government employee is selected for discharge owing to the

abolition of his 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: (a) of taking compensation pension to which he may be entitled for the

service he had rendered, or (b) of accepting another appointment on such pay (even on lower pay) as

may be offered and continuing to count his previous service for pension. (2) (a) Notice of at least three months shall be given to Government employee before his services are dispensed with on the abolition of his post. (b) Where notice of at least three months is not given and the Government

employee 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. (c) No compensation pension shall be payable for the period in respect of

which he receives pay and allowances in lieu of notice. (3) In case a Government employee 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.

24 (4) If a Government employee who is entitled to compensation pension

accepts another appointment under the Government and subsequently becomes entitled to receive a pension of any class, the amount of such pension shall not be less than the compensation pension which would have been admissible if he had not accepted the appointment. Note 1.- The discharge of one Government employee to make room for

another better qualified is not the abolition of a post within the meaning of this rule, the abolition must produce a real saving of Government. Note 2.- A Government employee in foreign service, on abolition of his post in parent cadre, shall be treated in the similar manner for discharge or retention as he had been in parent department but for his being on foreign service. Note 3.- The pay and allowances to be paid in lieu of notice period are not granted as compensation for loss of employment but only in lieu of notice of discharge with a view to mitigate the hardship caused to a Government employee by the sudden loss of employment. Note 4.- Unless it contains an express statement to the contrary, an order for the abolition of an office or post shall not be brought into operation till the expiry of three months after notice has been given to the Government

employees whose services are to be dispensed with on such abolition. The immediate head of the office or the Department will be held responsible that there is no unnecessary delay in giving such notice. In the case of a

Government employee on leave, the order shall not be brought into operation until the leave expires. Note 5.- The pay and allowances to be paid in lieu of the notice period shall be at the rate of monthly pay and allowances drawn immediately before the retirement. The pay and allowances mean gross salary i.e. pay in the pay band + applicable grade pay, special pay, personal pay, non- practicing allowance (if admissible), handicap allowance, fixed medical allowance and house rent allowance etc. Note 6.- The pay and allowances paid in lieu of notice period on abolition of a post should be charged to the particular department to which the pay of the post was debited before its abolition.

25 B - Procedure (I) Selection for Discharge 5.3. The selection of Government employees to be discharged upon

the reduction of an establishment should prima facie be so made that the least charge for compensation pension will be incurred. 5.4. Particulars of the saving effected should be fully set forth in every

application for compensation pension. The saving should always exceed the cost of the pension, otherwise it may perhaps be better to postpone the reduction of establishment or abolition of post. Note 1.- In any scheme for reorganizing an establishment, the claim to pension that may arise in consequence of the reorganisation should always be considered before a change is made and except in cases of very urgent necessity, no revision of establishment should be carried out which would have the effect of giving rise to claims to compensation pension, the cost of which cannot be met out of savings effected by the revision. Note 2.- The saving referred to in this rule should be calculated with reference to the emoluments actually drawn at the time of the abolition of the post. Section III - Invalid Pension A - Conditions of Grant 5.5. Invalid Pension.-

(1) Invalid pension may be granted if a Government employee retires from the service on account of any bodily or mental infirmity which permanently incapacitates him for the service. A Government employee applying for an invalid pension shall submit a medical certificate of incapacity from the Medical Board. Note 1.- No medical certificate of incapacity or service may be granted unless the applicant produces a letter to show that the Head of his Office or Department is aware of the intention of the applicant to appear before the Medical Authority. The medical authority shall also be supplied by the Head of the Office or department in which the applicant is employed with a statement of what appears from official records to be the age of the applicant. If a service book is being maintained for the applicant, the age recorded therein should be reported.

26 Note 2. - A lady doctor shall be included as a member of the Medical Board when a woman candidate is to be examined. (2) The Medical Authority shall issue the Medical certificate in the form specified in rule 5.6 of these rules. (3) Where the Medical Authority referred to in sub-rule (2), has declared a Government employee 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 allowed to continue in service with all future benefits (as per provisions of Disability Act,1995), otherwise, he may be admitted to invalid pension. (4) The Medical Board should record the reasons for disability of the Government employee specifying the disease accountable for the disability and merely a simple certificate of inefficiency due to old age or natural decay from advancing years, is not sufficient. Note. - Senile contract, arterial changes consequent on senile general nervous breakdown, and commencing cataract may be as specific disease. 5.6. The form of medical certificate to be issued by the Medical Board in decay, treated

respect of a Government employee applying for invalid pension in India or while on leave abroad, shall be as follows:"We have carefully examined Mr.___________s/o__________ ageing ____ years and employed in the office of______, taking into account all the facts of the case as well as his present condition, we consider that he is incapable of discharging the duties of his situation, and that such incapability is likely to be permanent. Note 1.- If the incapacity is obviously the result of intemperance

substitute for the last sentence "In our opinion his incapacity is the result of irregular or intemperate habits. Note 2.- If the incapacity does not appear to be complete and permanent, the certificate should be modified accordingly and the following addition should be made:We are of opinion that Mr. A/B, is fit for further service of a less laborious character than that which he has been doing (or may, after

27 resting for ________ months, be fit for further service of a less laborious character than that which he has been doing). Section IV - Superannuation Pension A - Conditions of Grant 5.7. A superannuation pension shall be granted to a Government employee

who is required to retire at the prescribed age in accordance with the provision of Rule 3.22 (a) of Haryana Civil Service Rules, Part I General Rules. Section V- Retiring Pension 5.8. A retiring pension, in the following cases, shall be granted to a

Government employee who is retired, or seeks retirement, in advance of the age prescribed for compulsory retirement in Rule 3.22 (a) of Haryana Civil Services Rules, Part I- General Rules:(a) Retired on attaining the age of 50 years, or 55 years, or 58 years, as

the case may be, in accordance with the provisions of Rule 3.22 (c) of Haryana Civil Services Rules, Part I- General Rules. (b) Retired on completion of 25 years of qualifying service in accordance

with the provisions of Rule 3.22 (d) of Haryana Civil Services Rules, Part IGeneral Rules. (c) Seeking retirement on attaining the age of 50 years, or 55 years, or 58

years, as the case may be, in accordance with the provisions of Rule 3.22 (e) of Haryana Civil Services Rules, Part I- General Rules. (d) Seeking voluntary retirement after completion of 20 years of qualifying

service in accordance with the provisions of Rule 3.23 of Haryana Civil Services Rules, Part I- General Rules. 5.9. (1) On a Government employee completing twenty years of service or

on his being left with five years of service before the date of retirement, whichever is earlier, the head of office shall, in accordance with the rules for the time being in force, verify the service rendered by such a Government employee, determine the qualifying service and communicate to him, in form Pen-13, the period of qualifying service so determined. (2) The verification done under sub-rule (1) 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 qualified for pension.

28

Chapter VI- Amount of Pensions Section I - General 6.1. The amount of pension that may be granted is determined by length of

service. The length of qualifying service for the purpose of pension shall be calculated in terms of completed six monthly period and fraction of a half year equal to three months and more shall be treated as a completed six monthly period. 6.2. Pensions shall be fixed in rupees and the fraction of a rupee shall be

rounded off to the next higher rupee at final stage of computing pension. Note 1.- The rounding off to the next higher rupee is to be done only once at final stage but not at the intermediatory stage of computing emoluments. Note 2.- This rule applies to all classes of pensions granted under various sets of rules as mentioned in chapter V including compassionate allowance, death cum - retirement gratuity and service gratuity. Note 3.- Where the competent authority orders for recovery from pension under rule 2.3 or 2.4 of these rules, the recovery shall be effected in whole rupees only so that the resultant pension may be paid in whole rupees after effecting recovery. 6.3. 6.4. Pension shall be fixed in rupees and be paid in India. If a Government employee who is entitled to compensation pension

accepts instead another post in the public service and subsequently becomes again entitled to receive pension of any class, the amount of such pension shall not be less than he could have claimed if he had not accepted the post. 6.5. Limitations - A Government employee entitled to pension may not take

a gratuity instead of pension. 6.6. A Government employee at the time of retirement, if holding or held

earlier, additional charge of any other post(s) and being paid any amount for that, the same shall not have any effect on calculation of pension. 6.7. A Government employee is not entitled, for service in a post conjointly

with another post, to any pension which would not have been admissible to him if he had held the post separately and alone. Section II - Pension Rules (Gratuity and Pension) A - General

29 6.8. (1) A Government employee retiring in accordance with the

provisions of these rules before completing a qualifying service of ten years, he will be entitled for service gratuity only and no pension will be admissible. The amount of service gratuity shall be calculated at the rate of half months emoluments for every completed six monthly period of qualifying service and no additional or special additional pension shall be granted to him. In the case of a Government employee retiring on or after the 17th

(2)

April, 2009, in accordance with the provisions of these rules after completing qualifying service of not less than twenty eight years or more, the amount of superannuation, retiring, invalid and compensation pensions shall be 50% of last pay drawn subject to a maximum upto 50% of highest pay in the Government [the highest pay in the Government is Rs. 79000/- (pay band + grade pay)] since 1st January, 2006. However, in the case of a Government employee who at the time of retirement has rendered qualifying service of ten years or more but less than twenty eight years, the amount of pension shall be such proportion of the maximum admissible pension as the qualifying service rendered by him bears to the maximum qualifying service of twenty eight years, subject to a minimum of Rs. 3500/- per mensem (A few illustrations are given in Annexure to this Rule). (3) Notwithstanding any thing contained in sub-rule 1 and 2, the amount of

invalid pension shall not be less than the amount of family pension admissible under rule 6.17(3). Note. - The revised pension of pre1st January, 2006 retirees, who retired after completing thirty three years of qualifying service, shall not be less than 50% of the sum of minimum of Pay Band + Grade Pay/Pay Scale corresponding to the scale of pay the pensioner held at the time of their retirement. The pension will be reduced on pro-rata basis, where the pensioner had less than thirty three years of qualifying service but not less than Rs. 3500/- being minimum pension since1st January, 2006. Annexure [Referred to in sub-rule (2) of Rule 6.8] Last Pay Drawn (Band Pay + Grade Pension on completion Pension on completion Pension on completion Pension on completion

30 Pay) of 28 years qualifying service or more. of 15 years qualifying service or more. 6700/2 X 6700/2 X 6700/2 X 6700/2 X 56/56 50/56 40/56 31/56 Rs. 3350 2991.07 2392.86 1854.46 Rs. 2992 Rs. 2393 Rs. 1855 (But these will be given minimum pension @ Rs. 14740/2 X 56/56 Rs. 7370 30000/2 X 56/56 Rs. 15000 38290/2 X 56/56 Rs. 19145 79813/2 X 56/56 39906.50 Rs. 39907 (but limited to Rs. 39500 being maximum pension). 14740/2 X 50/56 6580.35 Rs. 6581 30000/2 X 50/56 13392.85 Rs. 13393 38290/2 X 50/56 17093.75 Rs. 17094 79813/2 X 50/56 35630.80 Rs. 35631 14740/2 X 40/56 5264.29 Rs. 5265 30000/2 X 40/56 10714.29 Rs. 10715 38290/2 X 40/56 Rs. 13675 79813/2 X 40/56 28504.64 Rs. 28505 14740/2 X 31/56 4079.82 Rs. 4080 30000/2 X 31/56 8303.57 Rs. 8304 38290/2 X 31/56 10598.13 Rs. 10599 79813/2 X 31/56 22091.10 Rs. 22092 of 25 years qualifying service or more. of 20 years qualifying service or more.

Rs. 5400+1300 =6700

3500) Rs. 11540+3200 =11470

Rs. 24600+5400 =30000

Rs. 30690+7600 =38290

Rs. 51850+12000+15963 (NPA @ 25%) =79813

Note 1. - The minimum and maximum limit of pension shall be Rs.3500/- and Rs.39500/- respectively w.e.f. 1-1-2006. Note 2.- The qualifying service shall be counted in terms of complete six monthly period for calculating pension and fraction of year equal to three months and more shall be treated as a completed six monthly period. 6.9. Additional pension to the old pensioners from 1.1.2006:The quantum of pension available to the old pensioners shall be increased with the increase in age as under:-

31 Age of pensioner From 80 years to less than 85 years From 85 years to less than 90 years From 90 years to less than 95 years From 95 years to less than 100 years 100 years or more Additional quantum of pension 20 percent of revised basic pension 30 percent of revised basic pension 40 percent of revised basic pension 50 percent of revised basic pension 100 percent of revised basic pension

Note 1.- The Additional quantum of pension on attaining the age of 80 years and above shall be admissible from the first day of the month in which date of birth falls. For example, if a pensioner completes the age of 80 years in the moth of August, 2009, he will be entitled to additional pension with effect from 1st August, 2009. Those pensioners, whose date of birth is 1st August, will also be entitled to additional pension with effect from 1st August, 2008 on attaining the age of 80 years and above. Note 2.- The Accountant General (A&E), Haryana shall ensure that the date of birth and the age of pensioners is invariably indicated in the Pen-I and the pension payment order to facilitate payment of additional pension by the Pension Disbursing Authority as soon as it become due. The amount of additional pension shall be shown distinctly in Pension Payment Order. For example, in case where a pensioner is more than 80 years of age and his pension is Rs.10,000 PM, the pension will be shown as (i) Basic Pension=Rs.10,000 and (ii) Additional Pension=Rs.2,000 per month. The pension on his attaining the age of 85 years will be shown as (i) Basic Pension=Rs.10,000 and (ii) Additional Pension=Rs. 3,000 per month.

B - Death-cum-Retirement-Gratuity 6.10. (1) A Government employee, who has completed five years

qualifying service and has become eligible for service gratuity or pension under Rule 6.8(2), 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 16 times of the emoluments in case of Group A, B, C employees and 17 times of the emoluments in case of Group D employees.

32 (2) If a Government employee dies while in service, the death gratuity shall

be paid to his family in the manner indicated in Rule 6.11 at the rates given in the table below, namely:Length of qualifying service on the date of death (i) Less than 1 year (ii) One year or more but less than 5 years (iii) 5 years or more but less than 24 years (iv) 24 years or more one fourth of emoluments for each 12 times of emoluments 2 times of emoluments 6 times of emoluments Rate of death gratuity

half yearly qualifying service subject to a maximum of 16 times of the emoluments in case of Group A, B, C employees and 17 times of the emoluments in case of Group D employees: Provided that where the amount of retirement or death gratuity as finally calculated contains a fraction of a rupee, it shall be rounded off to the next higher rupee: Provided further that the amount of retirement gratuity or death gratuity payable under this rule, from 1.1.2006, shall in no case exceed ten lakhs rupees. (4) If a Government employee, who has become eligible for a service

gratuity or pension, dies within five years from the date of his retirement from service and the sums actually received by him at the time of his death on account of such gratuity or pension including adhoc 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 12 times of his emoluments, a residuary gratuity equal to the deficiency may be granted to his family in the manner indicated in Rule 6.11. (5) The emoluments for the purpose of gratuity admissible under this rule

shall be reckoned in accordance with Rule 6.13 plus dearness allowance thereon at the rate admissible on the date of retirement/death. Note. - In the case of Government employee who during the currency of the leave preparatory to retirement, or authorised leave on full pay/half pay,

33 earns an increment which is not withheld, he is entitled to count the pay which he would have drawn had he remained on duty, as "emoluments"

for the purpose of death-cum-retirement-gratuity under this sub-rule, even though the increase in pay is not actually drawn during leave. (6) The Government shall have the right to effect recoveries from gratuity

sanctioned under this rule, in the same circumstances as recovery can be effected from an ordinary pension under rule 2.2 and 2.4 of these rules. (7) No gratuity may be granted under this rule, if the employee was

dismissed or removed for misconduct, insolvency or inefficiency. 6.11. (1) For the purpose of this rule, family in relation to a Government

employee, means (i) wife including judicially separated wife, in the case of male

Government employee; (ii) husband including judicially separated husband in the case of female

Government employee; (iii) (iv) (v) (vi) sons including adopted sons; unmarried daughters; widowed daughters brothers below the age of 18 years and un-married and widowed

sisters; (vii) father, including adoptive parents in case of individuals whose personal

law permits adoption; (viii) mother, including adoptive parents in case of individuals whose

personal law permits adoption; (ix) (x) (2) married daughters; and children of a predeceased son(s). "persons" for the purpose of this rule shall include any company or

association or body of individuals, whether incorporated or not. (3) A Government employee shall, after joining regular service, make a

nomination, conferring on one or more persons, the right to receive any gratuity that may be sanctioned under rule 6.10 which has not been paid to him before death:

34 Provided that if, at the time of making the nomination, the Government employee has a family, the nomination shall not be in favour of any person(s) other than members of his family. (4) If a Government employee nominates more than one person under

sub-rule (3) he shall specify in the nomination the amount of share payable to each of the nominees, in such manner as to cover the whole amount of the gratuity. (5) (a) A Government employee may provide in the nomination in respect of any specified nominee, that in the the event of his upon that

predeceasing the Government employee

right conferred

nominee shall pass to such other persons as may be specified in the nomination; provided that if at the time of making the nomination the

Government employee 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; (b) that the nomination shall become invalid in the event of the happening

of the contingency specified therein. (6) The nomination made by a Government employee who has no

family at the time of making it, or a provision made in nomination under clause (a) of sub-rule (5) by a Government employee whose family consists, at the date of making the nomination, of only one member, shall

become invalid in the event of the employee subsequently acquiring a family, or an additional member in the family, as the case may be.

(7) (a) Every nomination shall be in such one of the forms Pen-1 or Pen-1A as may be appropriate in the circumstances of the case. Note. - The forms provide for only one alternate nominee and it is not open to a Government employee to nominate more than one alternate nominee against any original nominee. (b) A Government employee may at any time cancel a nomination, by

sending a notice in writing to the Head of Office: Provided that the Government employee shall, along with such notice, send a fresh nomination made in accordance with this rule. (8) Immediately on the death of a nominee, in respect of whom no

special provision has been made in the nomination under clause (a) of sub-rule (5), or on the occurrence of any event, by reason of which the

35 nomination becomes invalid, in pursuance of clause (b) of that sub-rule or sub-rule (6), the employee shall send to the Head of Office a notice in writing formally cancelling the nomination, together with a fresh nomination made in accordance with this rule. (9) (i) Every nomination made, and every notice of cancellation given, by a Government employee under this rule, shall be sent by him to the Head of his office. The Head of the office shall countersign it, indicating the date of receipt and keep it in safe custody. (ii) Suitable entry regarding receipt of nomination shall be made in the

service book of the Government employee concerned. (10) Every nomination made, and every notice of cancellation given, by

a Government employee shall, to the extent that it is valid, take effect on the date on which it is received by the Head of Office. Note. - When a Government employee intends any change in the nomination made during his service, he may be allowed to make a fresh nomination even after retirement if such a contingency arises. 6.12. Persons to whom gratuity is payable (I)(a) The gratuity payable under Rule 6.10 shall be paid to the person or persons on whom the right to receive the gratuity is conferred by means of a nomination under Rule 6.11(5); (b) If there is no such nomination or if the nomination made does not subsist, the gratuity shall be paid in the manner indicated below: (i) if there are one or more surviving members of the family as in Clauses (i), (ii), (iii) and (iv) of sub-rule (1) of Rule 6.11, to all such members in equal shares; (ii) 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 (1) of Rule 6.11, to all such members in equal shares. (2) If a Government employee dies after retirement without receiving the

gratuity admissible under sub-rule (1) of Rule 6.10, the gratuity shall be disbursed to the family in the manner indicated in sub-rule (1). (3) The right of a female member of the family, or that of a brother, of a

Government employee who dies while in service or after retirement, to receive

36 the share of gratuity shall not be affected if the female member marries or remarries, or the brother attains the age of eighteen years, after the death of the Government employee and before receiving her or his share of the gratuity. (4) Where gratuity is granted under Rule 6.10 to a minor member of the family of the deceased Government employee, it shall be payable to the guardian on behalf of the minor. , 6.13. Debarring a person from receiving gratuity:(1) If a person, who in the event of death of a Government employee

while in service is eligible to receive gratuity in terms of rule 6.11 is charged with the offence of murdering the Government employee 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. (2) If on the conclusion of the criminal proceedings referred to in sub-rule

(1), the person concerned:(a) is convicted for the murder or abetting in the murder of the

Government employee, he shall be debarred from receiving, his share of gratuity which shall be payable to other eligible members of the family, if any. (b) is acquitted of the charge of murdering or abetting in the murder of

the Government employee, his share or gratuity shall be payable to him. (3) The provisions of sub-rules (1) and (2) shall also apply to the gratuity admissible under rule 6.10, if a Government

undisbursed

employee dies after retirement without receiving the gratuity. C - Emoluments Reckoning for Pension 6.14. (i) The expression emoluments, means pay in the pay band plus

grade pay as defined in Rule 2.37 (a)(i) of Haryana Civil Services Rules, Part I- General Rules, which a Government employee was receiving immediately before his retirement or on the date of his death. The NPA shall be treated as part of pay for pension. Note 1.- If a Government employee 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:

37 Provided that any increase in pay (other than the increment referred to in Note 2) which is not actually drawn shall not form part of his emoluments. Note 2.- Where a Government employee immediately before his retirement or death while in service had proceeded on leave for which leave salary is payable and during leave earned an increment which was not withheld, such increment, though not actually drawn, shall form part of his emoluments: Note 3.- If a Government employee immediately before his retirement or death while in service had been absent from duty on extraordinary leave or had been under suspension, the period whereof does not count as service, the emoluments which he drew immediately before proceeding on such leave or being placed under suspension shall be the emoluments for the purposes of this rule. Note 4.- Pay drawn by a Government employee while on foreign service shall not be treated as emoluments, but the pay which he would have drawn under the Government had he not been on foreign service shall alone be treated as emoluments. Note 5.- A Government employee on deputation drawing pay other than the pay admissible in the parent cadre, the pay which he would have drawn on the cadre post shall alone be treated as emoluments. Note 6.- If a Government employee at the time of retirement holding or held earlier, additional charge of any other post(s) and being paid any amount for that, the same shall not be reckoned for emoluments. Note 7.- A government employee cannot count corresponding allowances of any description as emoluments for pension.

D - Family Pension, 1964 6.15. The provisions of family pension shall apply (a) to a Government employee entered service in a pensionable to a Government employee who was in service on the 30th June, 1964 establishment on or after 1st July, 1964 but before 31st December,2005; and (b)

and came to be governed by the provisions of the Family Pension Scheme, 1964. 6.16. In these rules -

38 (a) continuous service means service rendered in a pensionable

establishment and does not include (i) (ii) years. (b) Family for the purpose of family pension, w.e.f. 1st January, 2006, period of suspension treated as non-duty, if any ; and period of service, if any, rendered before attaining the age of eighteen

shall be categorized as:Category I (a) Widow or widower, upto re-marriage, or, as the case may be, death if the recipient remains unmarried till death; (b) Son/daughter (including widowed daughter), upto the date of his/her marriage/re-marriage or till the date he/she starts earning or till the date he/she attains an age of 25 years, whichever is the earliest. Category II (c) Unmarried/widowed/divorced daughter), not covered under Category I above, till the date of marriage/re-marriage or till the date she starts earning or till the date of death, whichever is earliest; (d) Parents who were wholly dependent on the Government employee when she/she was alive provided the deceased employee had left behind neither a widow nor a child. (ii) family pension to unmarried/widowed/divorced daughters in Category II and dependent parents shall be payable only after the other eligible family members in Category I have ceased to be eligible to receive family pension and there is no other eligible disabled child to receive the family pension, grant of family pension to children in respective categories shall be payable in order of their date of birth and younger of them will not be eligible for family pension unless the next above him/her has become ineligible for grant of family pension in that category. (iii) The dependency criteria for the purpose of family pension shall be minimum family pension of Rs. 3,500/- and dearness relief thereon. (iv) The childless widow of a deceased Government employee shall continue to be paid family pension even after her remarriage subject to the

39 condition that the family pension shall cease once her independent income from all other sources becomes equal to or higher than the minimum prescribed family pension in the state Government. In all such cases, the family pensioners would be required to give a declaration regarding her income from all other sources to the Pension Disbursing Authority every six months. (c ) Pay means the pay as defined in Rule 2.37(a)(i) of Haryana Civil

Services Rules, Part I - General Rules.

6.17. (1) dies (a) (b)

The family pension is admissible where a Government employee

after completion of one year of continuous service; or before completion of one year of continuous service provided the

deceased Government employee concerned immediately prior to his appointment to the service or post was examined by the medical authority and declared fit by that authority for Government service; or (c) after retirement from service and was on the date of death in receipt of

a compensation, invalid, retiring or superannuation pension. (2) The amount of family pension shall be fixed at monthly rates and be

expressed in whole rupees and where the family pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee. (3) The amount of family pension shall be determined as under:-

The family pension shall be calculated at uniform rate of 30% of last pay in the pay band plus grade pay drawn by the Government employee at the time of retirement or death and shall be subject to minimum of Rs.3500/- per month from 1.1.2006 and a maximum of 30% of highest pay in the Government i.e. Rs.79000/- since 1.1.2006. (4) In respect of Government employee who dies while in service after

having rendered not less than seven years continuous service, the amount of family pension at the enhanced rates will be admissible for a period of 10 years after the completion of financial assistance. The rates of enhanced family pension shall be equal to the double of the family pension admissible under sub rule 3 or pension of the deceased employee, which ever is less.

40 (5) In the event of death after retirement, the family pension at the

enhanced rates (twice of the family pension admissible under sub rule 3) shall be payable upto the date on which the deceased government employee would have attained the age of 65 years, had he survived or upto the date of 7 years from the date of retirement, which ever is earlier, but in no case the amount of enhanced family pension shall exceed the gross pension sanctioned to the Government employee at the time of retirement. (6) In case both husband and wife are Government employees and are

governed by the provisions of these rules 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 their death, the surviving child or children shall be granted the two family pension in respect of the deceased parents, subject to the maximum limits of Rs.39500/from 1.1.2006 for enhanced family pension and Rs.23700/- for normal family pension from 1.1.2006. (7) Widow/Widowers of the Government employees, who are governed by

these rules, shall not be entitled to any family pension under any other rules: provided that where the Government employee was in receipt of any pension from Central or State Government or any Autonomous Body and dies, the family may opt to receive family pension under these rules or otherwise admissible under any other rules. (8) Where an award under the Extraordinary Pension Rules, is admissible,

no family pension under these rules shall be authorized. (9) The family in receipt of compassionate financial assistance under rule

6.21 no family pension under these rules shall be authorized. (9) The commutation of Pension has no effect on the quantum of family

pension as the rate of family pension is based on the pay, which the Government employee was drawing immediately before his retirement. (10) The provisions contained in rule 6.9 for grant of additional pension shall

apply mutatis mutandis to the family pensioners on completion of specific age provided therein. 6.18. The family pension shall be payable as per provisions of rule 6.16 (2) and shall be further regulated in the following cases as under: -

41 (1) Where a Government employee is survived by a widow but has left

behind an eligible child or children from another wife, who is not alive, the eligible child or children shall be paid the share of family pension which the mother would have received, if she had been alive at the time of the death of the Government employee: Provided that on the share of family pension payable to such a child or to a widow ceases to be payable, such share shall not lapse, but shall be payable to the other widow and/or to 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. (2) Where a Government employee is not survived by a widow and eligible children but survived by dependent parents, the pension shall be paid in the first instance to the mother and on her death or becoming ineligible to the father up to date of death or remarriage, whichever is earlier. (3) Where a Government employee is not survived by a widow and eligible children but survived by dependent parents and the parents are living separately, the pension shall be paid to them in equal share (4) Except as provided in the sub rule (1) and (6), the family pension shall

not be payable to more than one member of the Government employees family at the same time. It will first be admissible to the widow/widower and thereafter to the eligible children in the order of their birth. (5) In the event of remarriage or death of the widow/widower, the pension

will be granted to the minor children through their natural guardian, if any, otherwise through their de facto guardian on production of indemnity bond, etc. In disputed cases, however, payments will be made through a legal guardian i.e. guardian appointed by a court of law. (6) where the family pension is payable to twin children it shall be paid to

such children in equal shares: provided that when one such child ceases to be eligible his/her share shall revert to the other child and when both of them cease to be eligible the family pension shall be payable to the next eligible single child/twin children. (7) If the son or daughter of a Government employee is suffering from any

disorder or disability of mind 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

42 five years, the family pension shall be payable to such son or daughter for life subject to the following conditions: (i) (a) persons with impairment in functions of the body should be examined by the Board under the Chairmanship of the Civil Surgeons of the District on every Wednesday. Board should include the specialist according to the requirement. Appellant Medical Board is at Post Graduate Institute of Medical Science, Rohtak. Haryana Government employees working in

Chandigarh/Panchkula and resident of Chandigarh/Panchkula can also be examined by the Disability Medical Boards of General Hospital, Sector 16, Chandigarh and Medical College and General Hospital, Sector 32, with the appellant Medical Board at Post Graduate Institute of Medical Education and Research, Chandigarh. (b) medical certificates in which percentage of disability is given issued by

the Board after examination of the candidates will be valid for three years. (c) impairment of above forty per cent of any kind will be entitled for

benefits. Disabilities broadly are of four types: 1. Visual 2. Locomotors, 3. Speech and hearing, 4. Mental disorders; (ii) if such son or daughter is one among two or more children of the

Government employee, the family pension shall be initially payable to the one elder/eldest among physically fit children until he/she attains the age of twenty five years or he/she becomes ineligible for family pension whichever is earlier. Thereafter, family pension will be paid to the next physically fit children up to the above mentioned period. When all physically fit children become ineligible for family pension the same shall be resumed in favour of the son or daughter suffering from disorder or disability of mind or who is physically crippled or disabled and shall be payable to him/her for life. (iii) if there are more than one such children suffering from disorder or

disability of mind or who are physically crippled or disabled, the family pension shall be paid in the order of their birth and the younger of them will get the family pension only after the elder next above him/her ceases to be eligible:

43 Provided that where the family pension is payable to such twin children it shall be paid in equal shares; provided that when one such child ceases to be eligible his/her share shall revert to the other child and when both of them cease to be eligible the family pension shall be payable to the next eligible single child/twin children; (iv) the family pension shall be paid to such son or daughter through the

guardian as if he or she were a minor except in the case of the physically crippled son/daughter who has attained the age of majority; (v) before allowing the family pension for life to any such son or daughter,

the appointing authority shall satisfy that the disability is of such a nature so as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a medical board as mentioned in (i) (a) above setting out, as far as possible, the exact mental or physically condition of the child; (vi) the person receiving the family pension as guardian of such

son/daughter or such son/daughter not receiving the family pension through a guardian shall produce every three years a certificate from medical Board that he or she continues to suffer from disorder or disability of mind or continue to be physically crippled or disabled; (vii) in the case of mentally retarded son or daughter, the family pension

shall be payable to a person nominated by the Government employee or the pensioner, as the case may be, and in case no such nomination has been furnished to the Head of Office by such Government employee or pensioner during his lifeteime, to the person nominated by the spouse of such Government employee or family pensioner, as the case may be, later on; (viii) a daughter shall become ineligible for family pension under this sub-

rule from the date she gets married; (ix) the family pension payable to such a son or daughter shall be stopped

if he or she starts earning his/her livelihood; (x) in such cases it shall be the duty of the guardian or son or daughter by

whom pension is being received to furnish a certificate to the Treasury Officer or bank, as the case may be, every month that -

44 (a) he or she has not started earning his/her livelihood or is not in receipt

of any other pension under any other rules of this State/any other state/Central Government or State/autonomous bodies/undertakings; (b) (xi) in case of daughter, that she has not yet married; this benefit will be admissible only to the eligible disabled children

whether born before or after retirement provided such son or daughter should be from a valid marriage. 6.19. (a) If a person, who in the event of death of government employee

while in service, is eligible to receive family pension, is charged with the offence of murdering the Government employee 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. (b) If on the conclusion of the criminal proceedings referred to in clause

(a), the persons concerned (i) is convicted for the murder or abetting in the murder of the government

employee, 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 the death of government employee; (ii) is acquitted of the charge of murder or abetting in the murder of the

government employee, the family pension, shall be payable to such person from the date of death of the government employee. (c) The provisions of clause (a) and (b) shall also apply for the family

pension becoming payable on the death of a government employee after his retirement. 6.20. (1) As soon as a Government employee enters Government

service, he shall give details of his family in Form Pen-2 to the Head of Office. If the Government employee has no family, he shall furnish the details in Form Pen- 2 as soon as he acquires a family. (2) The Government employee shall communicate to the Head of Office

any subsequent change in the size of the family, including the fact of marriage of his female child.

45 (3) As and when the disability referred to in sub-rule (11) of Rule 6.18

manifests itself in a child which makes him/her unable to earn his/her living, the fact should be brought to the notice of the Head of Office duly supported by a Medical Certificate from Civil Surgeon. The Head of Office may indicate this in Form Pen-2. As and when the claim for family pension arises, the legal guardian of the child should make an application supported by a fresh medical certificate from Civil Surgeon that the child still suffers from the disability. (4) The Head of Office shall, on receipt of the said Form Pen- 2 get it

pasted on the Service Book of the Government employee concerned and acknowledge receipt of the said Form Pen- 2 and all further communications received from the Government employee in this behalf. (ii) The Head of Office on receipt of communication from the Government

employee regarding any change in the size of family shall have such a change incorporated in Form Pen- 2. (5) On receiving information of death of a Government employee while in

service, the Head of Office will send a letter as prescribed in form Pen- 9 to the family of the deceased and ask for the necessary documents mentioned therein. (6) On receiving the documents referred in the sub rule (5) above, the

pension sanctioning authority will sanction family pension and send all these documents alongwith the service book of the Government employee to the Accountant General, Haryana, who will then issue the pension payment order to the beneficiary. (7) In case of death of a pensioner, the family pension to the

widow/widower shall be made under the same pension payment order under which the pensioner was drawing his pension. The Treasury Officer will start payment of family pension to the widow/widower on receipt of death certificate of the pensioner alongwith a simple request for the grant of family pension. If the widow/widower is not alive then the family pension shall be payable to the other eligible family member(s), who will apply to the concerned Treasury Officer by surrendering the pension payment order of the pensioner alongwith two copies of self photograph and the other necessary documents. The Treasury Officer on receipt of such request shall forward the case to the Accountant General Haryana for issue of fresh pension payment order. In

46 case the eligible family member is minor, the family pension shall be paid through the guardian. E Compassionate Financial Assistance 6.21. (1) in service, The family of a deceased Government employee, who dies while or missing Government employee shall be entitled to

compassionate financial assistance on monthly basis in lieu of family pension. The eligibility to receive the financial assistance shall be as per the provisions of pension/family pension rules. (2) The eligible family member of the deceased/missing Government

employee shall make an application in Form-A to this rule to the Head of Office for grant of compassionate financial assistance. (3) The eligible family member shall continue to receive as financial

assistance a sum equal to the pay and other allowances that was last drawn by the deceased Government employee in the normal course without raising a specific claim; (a) for a period of fifteen years from the date of death of the employee, if

the employee had not attained the age of thirty five years on the date of death; (b) for period of twelve years or till the date the employee would have

retired from Government service on attaining the age of superannuation, which ever is less, if the employee at the time of his death had attained the age of thirty five years but had not attained the age of forty eight years. (c) for a period of seven years or till the date the employee would have

retired from Government service on attaining the age of superannuation, which ever is less, if the employee had attained the age of forty eight years. (2) The family shall be eligible to receive family pension as per the normal

rules only after the period during which he receives the financial assistance as above is completed. (3) The family of deceased Government employee who was in occupation

of a Government residence would continue to retain the residence on payment of normal rent/license fee for a period of one year from the date of the death of the employee. (4) House Rent Allowance shall not be part of allowance for the purpose of

calculation of assistance.

47 (5) Within the 15 days from the date of the death of a Government

employee, an ex-gratia assistance of twenty five thousand rupees shall be provided to the family of the deceased employee to meet the immediate needs on the loss of the bread earner.

48 Form A (See Rule 4)

Application Form for Compassionate Financial Assistance

1.

Full information of the deceased/missing Government employee: (i) (ii) (iii) (iv) (v) Name Date of Birth Date of joining (employees) Date of Death/Missing Designation & Pay Scale : : : : : : : :

2.

Full information of applicant (i) (ii) (iii) Name Full Address Relation with the deceased/

Missing Government employee (iv) Detailed information regarding dependents of deceased/missing Government employee Sr. No. Name Relation Age/date of Birth 1 2 3 4 5

: Married/ Unmarried 6

Occupation

3.

Monthly income of family from all sources

4.

Any other information

Place: Date:

Signature of the applicant

49 Chapter VII - Re-employment of Pensioners Section I General 7.1. No Government employee civil or military may retire with a view to

being re-employed, and drawing pension in addition to pay, whether in Government service or in the service of any Local Fund. 7.2. When a person who was formerly in the civil or military

employment of any Government in India obtains re-employment, whether temporarily Local or permanently, in Government service or in the service of a him to declare to the appointing

Fund, it shall be incumbent on

authority the amount of any gratuity, bonus or gross pension i.e. pension before commutation granted to him in respect of the previous employment. The authority reappointing him shall specifically state in the order of reappointment whether any deduction is to be made from pension or pay as required by the rules of this Chapter. 7.3. Notwithstanding anything contained in the rules in this Chapter, a

wound or other extraordinary pension sanctioned under Chapter VIII of these rules and a wound or injury or disability pension or a disability addition to pension awarded under the Military rules shall continue to be drawn by a retired Government employee, civil or military, during re-employment. Section II Re - employment of pensioners A - After Compensation or Invalid Gratuity 7.4. A Government employee who has retired from Government service

with a compensation gratuity or who has retired with an invalid gratuity but is sufficiently restored to health, if re-employed, may either retain his gratuity, in which case his former service will not count for future pension, or refund the gratuity alongwith interest with annual compounding at the rate applicable to General Provident Fund and count his former qualifying service. 7.5. The intention to refund gratuity must be stated by the employee

immediately on re-employment and refund the whole gratuity in lumpsum alongwith interest. The right to count previous service shall not revive till the whole gratuity alongwith interest is refunded. He need not refund a gratuity given under rule 5.2(2), in lieu of notice of discharge unless the period of unemployment falls short of three months. In the later case he may retain a

50 portion of the gratuity equal to the proportion which the period of unemployment bears to three months.

B - After Compensation Pension 7.6. A Government employee who has obtained a compensation pension, if

re-employed, may exercise option either (a) to continue to draw the pension and retain the gratuity sanctioned for

his earlier service, in which case his former service shall not count as qualifying service, or (b) to count the previous service as qualifying service, for which, he will

cease to draw his pension and refund in lumpsum the pensionary benefits already received by him alongwith interest with annual compounding at the rate applicable to General Provident Fund in respect of the following:(i) (ii) (iii) (iv) (c) the pension already drawn from the date of re-employment, the value received for the commutation of a part of pension, the amount of retirement gratuity, and the amount of leave encashment. In case a Government employee continues to draw pension as per

clause (a), the pay on re-employment plus pension shall not exceed the pay drawn immediately before retirement. 7.7. If a Government employee does not, within three months from the date

of his re-employment, exercise the option as provided in rule 7.6, of ceasing to draw pension and counting his former service, he cannot, thereafter, do so without the permission of the competent authority. C - After Invalid Pension 7.8. There is no bar to the re-employment of a Government employee who

has regained health after obtaining Invalid Pension, or if a Government employee is invalided as being incapacitated for employment in a particular branch of the service, to his re-employment, in some other branch of the service. The rules in such a case as to refunding gratuity, drawing pension, and counting service, are the same as in the case of re-employment after compensation pension.

51 D - After Superannuation or Retiring Pension 7.9. A Government employee who is in receipt of superannuation or retiring

pension shall not be re-employed in service, except where it is utmost necessary in public interest and in a purely temporary capacity with the sanction of the competent authority. The re-employment shall not be extended beyond the age of sixty years of the Government employee. 7.10. (a) Re-employed pensioner shall be allowed to draw pay only in the

prescribed scale of pay/pay structure of the post in which he is re-employed. No protection of the scale of pay/pay structure of the post held by him prior to retirement shall be given. Note.- In the revised pay structure, basic pay is pay in the pay band plus grade pay attached to the post. (b) (i) The initial basic pay on re-employment shall be fixed at the same stage as the last basic pay drawn before retirement. However, he shall be granted the grade pay of the re-employed post. The maximum basic pay cannot exceed the grade pay of the re-employed post plus pay in the pay band of Rs. 67,000/-, i.e. the maximum of the PB-4. (ii) If the maximum of the pay band in which a pensioner is re-employed is

less than the last pay drawn before retirement, his initial pay shall be fixed at the maximum of the pay band plus grade pay of the re-employed post minus gross pension. (iii) If the minimum of the pay band in which a pensioner is re-employed is

more than the last pay drawn before retirement, his initial pay shall be fixed at the minimum of the pay in the pay band plus grade pay of the re-employed post minus gross pension. (c) The re-employed pensioner will in addition to pay as fixed under clause

(b) above shall be permitted to draw separately pension sanctioned to him and to retain any other form of retirement benefits. (d) Once the initial pay of a re-employed pensioner has been fixed in the

manner indicated above, he may be allowed to draw normal increments in the pay band of the re-employed post : provided that the pay in the pay band plus grade pay and gross pension taken together do not at any time exceed Rs.79,000/- per month, the highest pay in the Government since 1.1.2006.

52 Note. - In case pay is fixed at an amount below the minimum of the pay band of re-employed post, the increment @ 3% of minimum of the pay band plus grade pay shall be allowed. 7.11. (a) Re-employed military pensioner shall be allowed to draw pay

only in the prescribed scale of pay/pay structure of the post in which he is reemployed. No protection of the scale of pay/pay structure of the post held by him prior to retirement shall be given. Note.- In the revised pay structure, basic pay is pay in the pay band plus grade pay attached to the post. (b)(i) In all cases where the pension is fully ignored, the initial pay on reemployment shall be fixed as per entry pay in the revised pay structure of the re-employed post applicable in the case of direct recruits appointed on or after 01.01.2006. (ii) In cases where the entire pension is not ignored for pay fixation, the initial basic pay on re-employment shall be fixed at the same stage as the last basic pay drawn before retirement. However, he shall be granted the grade pay of the re-employed post. The maximum basic pay cannot exceed the grade pay of the re-employed post plus pay in the pay band of Rs. 67,000/-, i.e. the maximum of the PB-4. (iii) If the maximum of the pay band in which a pensioner is re-employed is

less than the last pay drawn before retirement, his initial pay shall be fixed at the maximum of the pay band plus grade pay of the re-employed post minus gross pension. (iv) If the minimum of the pay band in which a pensioner is re-employed is

more than the last pay drawn before retirement, his initial pay shall be fixed at the minimum of the pay in the pay band plus grade pay of the re-employed post minus gross pension. (c) The re-employed pensioner will in addition to pay as fixed under clause

(b) above shall be permitted to draw separately pension sanctioned to him and to retain any other form of retirement benefits. (d) In the case of persons retiring before attaining the age of 55 years and

who are re-employed, pension (including pension equivalent to gratuity and other forms of retirement benefits) shall be ignored for initial pay fixation to the following extent: -

53 (i) In the case of ex-servicemen who held posts below Commissioned

Officer rank in the Defence Forces at the time of their retirement, the entire pension and pension equivalent of gratuity/retirement benefits shall be ignored. (ii) In the case of Commissioned officers belonging to the Defence Forces

at the time of their retirement, the first Rs. 4000 of the gross pension and pension equivalent retirement benefits shall be ignored. (e) Once the initial pay of a re-employed pensioner has been fixed in the

manner indicated above, he may be allowed to draw normal increments in the pay band of the re-employed post : provided that the pay in the pay band plus grade pay and gross pension taken together do not at any time exceed Rs.79,000/- per month, the highest pay in the Government since 1.1.2006. Note. - In case pay is fixed at an amount below the minimum of the pay band of re-employed post, the increment @ 3% of minimum of the pay band plus grade pay shall be allowed. When due to grant of increment(s) the pay exceeds the minimum of the pay band then pay shall be allowed at the next stage. Section IV - Commercial Employment after Retirement 7.12. (a) If a pensioner, who retires from a post of Group A service, to

whom this rule applies, wishes to accept any commercial employment before the expiry of two years from the date of his retirement, he should obtain the previous sanction of the competent authority to such acceptance. No pension shall be payable to a pensioner who accepts a commercial employment without such sanction, in respect of any period for which he is so employed or such longer period as the competent authority may direct: Provided that a Government employee permitted by the competent

authority to take up particular form of commercial employment during his leave preparatory to retirement shall not be required to obtain subsequent permission for his continuation in such employment after retirement. Explanation. - the expression "the date of retirement" in relation to a

Government employee re-employed after retirement without any break either in the same or in another Group-A post under the State Government or in any other equivalent post under the Central Government, shall mean the

54 date on which such Government employee finally ceases to be so reemployed in Government Service. (b) "Commercial employment" means employment in any capacity,

including that of an agent, under a company, firm or individual engaged in trading, commercial, industrial, financial or professional business, and includes also a directorship of such company and a partnership of such firm, but shall not include employment under a body corporate, owned or

controlled by Government. Explanation 1.- For the purpose of this rule commercial employment under a co-operative society shall include the elective or otherwise such as that Secretary, Treasurer and society ; and Explanation 2.- For the purpose of this rule commercial employment shall also include setting up practice, either independently or as a partner of a firm, as Adviser or Consultant in matters in respect of which a retired holding of any office whether

of President, Chairman, Manager,

the like by whatever name called in such a

Government employee,(i) has no professional qualifications and the matter in respect of which

the practice is to be set up or is carried on or relating to his official knowledge experience; or (ii) has professional qualifications 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 (iii) has to undertake work involving liaison or contact with the

officers of the Government. Section V - Employment under Government outside India after Retirement 7.13. (a) If a pensioner, who retires from a post of Group A service,

wishes to accept any employment under a Government outside India, he should obtain the previous sanction of competent authority to such acceptance. 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 competent authority may direct: Provided that a Government employee permitted by the competent

authority to take up a particular form of employment under a Government

55 outside India during his leave preparatory to retirement shall not be

required to obtain

subsequent permission for his continuance in such

employment after retirement. (b) For the purpose of this rule "employment under a Government outside

India" shall include employment under a local authority or Corporation or any other Institution or organization which functions under the supervision or control of a Government outside India.

56

C Extraordinary Pensions Chapter VIII - Extraordinary Pensions Section I - Grant of Extraordinary Pensions to Government Employees 8.1. The Government employees paid from the consolidated fund, other

than those to whom the Workmen's Compensation Act, 1923 (VIII of 1923) applies, shall be entitled to extraordinary pension under these rules. 8.2. For the purposes of these rules unless there is anything repugnant in

the subject or context:(1) (i) (ii) "accident" meansa sudden and unavoidable mishap, or a mishap due to an act of devotion to duty in an emergency arising

otherwise than by violence out of and in course of service; (2) (i) "date of injury" meansin the case of accident or violence, the actual date on which the injury

is suffered or such date, not being later than the date of the report of Medical Board, as the competent authority may fix; and (ii) in the case of disease, the date on which the Medical Board reports or

such earlier date as may be fixed by the competent authority with due regard to the opinion of the Medical Board; (3) "disease" means - a disease as is mentioned in schedule- 1 to this

chapter. (4) (1) (a) Disablement shall be accepted as due to Government service,

provided that it is certified that it is due to wound injury or disease which (i) (ii) is attributable to Government service, or existed before or arose during Government service and has been and

remains aggravated thereby. (b) Death shall be accepted as due to Government service provided it is

certified that it was due to or hastened by (i) a wound, injury or disease which was attributable to Government

service, or (ii) the aggravation by Government service of a wound, injury or disease

which existed before or arose during Government service. (c) There shall be a casual connection between

57 (a) (b) disablement and Government service; and death and Government service,

for attributability or aggravation to be conceded. Guidelines in this regard are given in the Appendix - 1 to this chapter which shall be treated as part and parcel of these Rules. (5) "injury" means - an injury as is mentioned in Schedule-I to this chapter.

Permanent total disablement shall be deemed to result from every injury specified in Part-I of Schedule I or from any combination of injuries specified in Part-II of that schedule where the aggregate percentage of loss of earning capacity (percentage of disability) amounts to cent per cent or more. Every injury specified in Part- II of Schedule- I shall be made to result in permanent/partial disablement. (6) "pay" means the pay as defined in Rule 2.37(a) (i) of Haryana Civil

Services Rules, Part I General Rules which a person was drawing on the date of his death or disability: (7) "violence" means the act of a person who inflicts an injury on a

Government employee(i) by assaulting or resisting him in the discharge of his duties, or in order

to deter or prevent him from performing his duties; or (ii) because of anything done or attempted to be done by such

Government employee or by any discharge of his duty as such; or (iii) (8) because of his official position.

other public employee in the lawful

family in relation to a Government employee means The family as

defined in rule 6.16(b) of these rules. 8.3. No award shall be made except with the sanction of the competent

authority. In making an award such authority may take into consideration the degree of default or contributory negligence on the part of the Government employee who sustains an injury or dies as a result of an injury or is killed. 8.4. Except as otherwise provided, an award made under these rules, shall

not affect any other pension or gratuity for which the Government employee concerned or his family may be eligible under any other rules for the time being in force; and the pension granted under the provisions of these rules

58 shall not be taken into account in fixing the pay of the pensioner on his continued employment or re-employment in Government service. 8.5. (i) or (ii) (a) (b) death which occurred more than seven years; after the injury due to violence or accident was sustained, or after the Government employee was medically reported as unfit for No award shall be made in respect ofan injury sustained more than five years before the date of application,

duty on account of the disease of which he died. 8.6. 8.7. All awards under these rules shall be made in India in rupees. For the purpose of these rules death or disability shall be classified as

under:Category A Death or disability due to natural causes not attributable to Government service e.g. chronic ailments like heart and renal diseases, prolonged illness, accidents while not on duty, etc. Category B - Death or disability due to causes, which are accepted as attributable to or aggravated by Government service. Diseases contracted because of continued exposure to a hostile work environment, subjected to extreme weather conditions or occupational hazards resulting in death or disability would be examples. Category C - Death or disability due to accidents in the performance of duties e.g. accidents while travelling on duty in Government vehicles or public transport, a journey on duty is performed by service aircraft, mishaps at sea, electrocution while on duty, etc. Category D - Death or disability of employee in the performance of duties or otherwise, attributable to acts of violence by terrorists, anti-social elements or due to agitation, riots, bomb blasts in public places, indiscriminate shooting incidents in public, etc., Category E - Death or disability arising as a result of (a) and (b) enemy action in international war or border skirmishes and warlike attack by or during action against extremist, anti-social element, etc.,

situations, including cases which are attributable to-

59 (i) area, (ii) kidnapping by extremists etc. The extent of disability or functional incapacity shall be extremists acts, exploding mines, etc., while on way to an operational

8.8. (1)

determined for the purposes of computing the disability element in the following manner: Percentage of disability assessed by Medical Board Less than 50 Between 50 and 75 Between 76 and 100 (2) Percentage to be reckoned for computation of disability element 50 75 100

The findings of the Medical Board regarding the extent of disability

would be treated as final and binding unless the employee himself seeks a review by preferring an appeal to an authority immediately superior to the one who had constituted the Board. In case the appeal is accepted and a review Medical Board is constituted, the findings of the Board would be binding on all parties. The extent of disability as determined and accepted would be

treated as final and the employee would not be required to appear before Medial Board periodically for the purpose of obtaining a certificate that the disability continues to persist. 8.9. The award in the form of extraordinary monthly pension or lump sum

compensation under different categories of Rule 8.7 may be granted in the following circumstances: (i) If a Government employee is boarded out of Government service on

account of his disablement due to wound, injury or disease and the disablement is accepted as due to Government service, the Government employee will be granted disability pension as per provisions of rule 8.10. (ii) If a Government employees disablement on account of wound, injury

or disease is accepted as due to Government service and he/she is retained in service in spite of such disablement, he/she shall be paid a compensation in lump sum in lieu of disability pension as per provisions of rule 8.11. 8.10. The benefit of extra ordinary pension under Rule 8.9 (i) shall be regulated as under:-

60 (1) Category A Cases covered under this category would continue to be

covered under the normal ordinary Pension Rules. (2) (i) Category B and C Disability Pension - Normal pension admissible under the ordinary

Pension Rules plus Disability Pension equal to 30% of pay for 100% disability. For lower percentage of disability, the monthly disability Pension shall be proportionately reduced: Provided that where permanent disability is not less than 60%, the total pension i.e. pension or pension equivalent of Service Gratuity admissible under the ordinary Pension Rules plus Disability Pension shall not be less than 60% of the pay, subject to a minimum of Rs. 3,500/(ii) (a) (b) Family Pension 60% of pay subject to a minimum of Rs. 3,500/- p.m., In case where the widow dies or remarries, the children shall be paid

family pension at the same rates, for the period during which they would have been eligible for family pension under the Family Pension Rules. (c) If the deceased Government employee was unmarried or has left

neither a widow/widower nor a child, the parents shall be paid family pension at the same rates as are applicable to the widow/children. (3) (i) Category D Disability Pension- Disability Pension comprising a service element

equal to the retiring pension and gratuity to which the employee would have been entitled on the basis of his pay on the date of invalidation but counting service up to the date on which he would have retired in the normal course and disability element equal in amount to normal family pension, subject to the condition that the aggregate of the service and disability element shall not be less than 80% of the pay last drawn, for 100% disability. For lower percentage of disability, the disability element shall be proportionately reduced. (ii) (a) Family Pension The widow of the deceased Government employee will be entitled to

family pension equal to last pay (pay plus stagnation Increment, if any) drawn by the deceased Government employee. The family pension shall be admissible to the widow until her remarriage or death.

61 (b) If the Government employee is survived by child/children, the eligible

child shall be allowed the family pension at the rate of 60% of pay, subject to a minimum of Rs. 3,500. On his becoming ineligible, the title of family pension shall pass to the next eligible child. (c) If the deceased Government employee was unmarried or has left

neither a widow/widower nor a child, the parents shall be paid family pension at the rate of 60% of pay subject to a minimum of Rs. 3,500/- p.m. (4) (i) Category E Disability Pension - Disability Pension, comprising a service element

equal to the retiring pension and gratuity to which the employee would have been entitled to on the basis of his pay on the date of invalidation but counting service up to the date on which he would have retired in normal course and disability element equal in amount to the pay last drawn subject to the condition that the aggregate of the service and disability elements shall not exceed the pay last drawn, for 100% disability. For lower percentage of disability, the disability element shall be proportionately reduced. (ii) Family Pension - Same as for Category D above.

8.11. The benefit of extra ordinary pension under Rule 8.9 (i) (ii) shall be regulated as under:(1) If the Government employee is retained in service in spite of

disablement, he shall be paid a compensation in lump sum (in lieu of the disability pension) on the basis of the disability pension admissible to him calculated in accordance with the above provisions by arriving at the capitalized value of such disability pension with reference to the Commutation Table, in force from time to time. (2) If such Government employee subsequently dies while in service or

after retirement, the family of the deceased shall be entitled to family pension under the normal Family Pension Rules. 8.12. (1) A family pension will take effect from the day following the death

of the Government employee or from such other date as the competent authority may decide.

62 (2) The period and conditions for eligibility and payment of extraordinary

family pension shall be the same as per provisions of ordinary Family Pension Rules of these Rules. 8.13. (1) In respect of matters of procedure, all awards under these rules

are subject to any procedure rules relating to ordinary pensions for the time being in force, to the extent that such procedure rules are applicable and are not inconsistent with these rules. (2) When a claim for any disability pension or family pension arises, the

Head of the Office or the Department in which the disabled or the deceased Government employee was employed will forward the claim through the usual channel to the Government with the following documents: (i) A full statement of circumstances in which the disablement was

conceded, or the death occurred. (ii) The application for disability pension or for lumpsum payment for

disablement in Form Pen-17 or, the application for family pension in Form Pen-18, as the case may be. (iii) A medical report in Form Pen-19 for disablement or death of deceased

Government employee. A reliable evidence as to the actual occurrence of death, if the Government employee lost his life in such circumstances that a medical report cannot be secured. (iv) A report of the Head of office as to whether an award is admissible

under the rules, and if so, of what amount. (3) Where the Government are satisfied on the evidence placed before

them by a Government employee in respect of whom a medical report for the purpose of grant of benefit under extraordinary pension has been received by them, of the possibility of an error of judgment in the decision of the Medical Board which examined him, the Government may direct a second Medical Board consisting of members other than those, who constituted the first Medical Board to examine the Government employee and submit a report to the Government in the matter. The pension or lumpsum payment shall be granted to the Government employee in accordance with the decision of the second Medical Board. Note1.- Article 320 of the Constitution of India provides that Service Commission should the Public

be consulted on claims for the award of

63 disability pension or lumpsum payment in lieu therof. It is, therefore, necessary to consult the Haryana Public Service Commission and Haryana Staff Selection Commission on every claim by or in respect of a gazetted and non-gazetted Government employee respectively for the award of a extraordinary pension or lumpsum payment under the rules of this Chapter.

64 Schedule- 1 [See Rule 8.2 (3)] Part 1- List and Classification of Diseases which can be Contracted by Service A. Diseases affected by climatic conditions B. Diseases affected by stress & strain (i) Pulmonary Tuberculosis (ii) Pulmonary Oedema (iii) Pulmonary Tuberculosis with Pleural effusion (iv) Tuberculosis Non-pulmonary (v) Bronchitis (iv)Pulmonary Tuberculosis (v) Pulmonary Tuberculosis with pleural effusion (vi) Pleurisy, empyema, lung abscess and bronchiectasis (vii) Lobar pneumonia (viii) Nephritis (acute and chronic) (vi) Tuberculosis Non-pulmonary (vii) Mitral stenosis. (viii) Pericarditis and adherent pericardium (ix) Otitis Media (x) Rheumatism acute carditis, including infectiveendocarditis (xi) Rheumatism chronic (xii) Arthritis (xiii) Myalgia (xiv) Lumbago (xv) Frost-bite leading to amputation of limb(s) (xvi) Heat Stroke (xi) Nyocarditis acute or chronic (xii) Valcular disease (ix) Endo-carditis (x) Sub-acute bacterialendo(i) Psychosis and Psychoneurosis (ii) Hyperpiesia (iii) Hypertension (BP)

65 C. Diseases affected by dietary compulsion (i) Infective hepatitis (Jaundice) D. Diseases affected by training, Marching etc. (i) Tetanus, erysipelas, septicemia and pyaemia, etc. resulting from injuries. (ii) Diseases of stomach and deodenum (ii) Varicose veins

(iii) Worm infestations particularly Guinea worm (iii) Ankylosis and acquired and round worm infections (iv) Gastritis deformities resulting from injuries (iv) Hernia

(v) Food poisoning, specially due to tinned food. (v) Post-traumatic epilepsy and other mental changes resulting from skull injury. (vi) Gastric ulcer (vi) Internal derangement of knee joint (vii) Duodenal ulcer (vii) Burns sustained through petrol fire, kerosene oil, etc., leading to scars and various deformities and disabilities. (viii) nutritional Disorders. E. Environmental Diseases (i) Diseases contracted in the course of official duty of attending to a venereal or septicaemic patient or conducting a post-mortem (viii) Deformities of feet

examination. (ii) Diseases contracted on account of handling poisonous chemicals and radiation equipment.

66 Part-II. Diseases not Normally Affected by Service (i) Malignant disease: Cancer and Carcinoma (ii) Sarcoma (except in cases of sarcoma of bone with a history of injury, due to service, on the site of development of the growth. (iii) Epithelioma (iv) Rodent ulcer (v) Lymphosarcoma (vi) Lymphosarcoma (Hodgkins disease) (vii) Leukaemia (viii) Pernicious anaemia (Addisons anaemia) (ix) Ostoitis deformana (Pagets disease) (x) Gout (xi) Acromegaly (xii) Corrhosis of the liver if alcoholic Eyes (xiii) Errors of refraction (xiv) Hypermetropia (xv) Myopia (xvi) Astigmatism (xvii) Preshyopia Glaucoma acute or chronic, unless there is a history of injury due to service or of disease of the eye due to service. 3

67 Appendix -1 Guidelines for Conceding Attributability of Disablement or Death to Government Service [Ref. Rule 8.2(4)] 1. Rule 8.2(4) covers also cases of death after discharge/invaliding from

service. 2. In deciding on the issue of entitlement, all the evidence (both direct and

circumstantial) will be taken into account and the benefit of reasonable doubt will be given to the claimant. This benefit will be given more liberally to the claimant in field service cases. 3. Post-discharge claims. Cases in which a disease did not actually lead

to the Government employees discharge from service but arose within 7 years thereafter may be recognized as attributable to service, if it can be established medically that the disability is a delayed manifestation of a pathological process set in motion by service conditions obtaining prior to discharge and that if the disability had been manifest at the time of discharge, the individual would have been invalided out of service on this account. In case where an individual in receipt of a disability pension dies at home, and it cannot, from a strictly medical point of view, be definitely established that the death was solely due to the disablement in respect of which the disability pension was granted (a) the benefit of doubt in determining attributability, should go to the family of the deceased, if death occurs within 7 years from the date of his invalidment from service, unless there are other factors adversely affecting the claim; and (b) if death takes place more than 7 years after the date of the mans invalidment from service, the benefit of doubt will go to the State. In cases where an individual outlives a normal span of life, i.e., where death takes place at the age of 58 or above, the death should be held to be due to normal causes and not to Government service. Note. Death of a disability pensioner, whose disablement has been

accepted on the basis of aggravation, may also be accepted as due to Government service under rule 8.2(4) if the last assessment of disablement

68 was 50 per cent, or above. If the last accepted assessment of disablement was less than 50 per cent, death should not be regarded as due to service. The above procedure will apply when death is established as due to the disability in respect of which disability pension was granted. If this is not the case, the identification of the cause of death with the invaliding disability will fist be determined in accordance with the provisions of the Guidelines. If the identity can be conceded there under, the procedure in the preceding subparagraph will be followed for determining the further point whether entitlement to extraordinary family pension can be conceded in a case where an invaliding disability was aggravated by service. 4. (a) (i) Injuries sustained when the man is on duty will be deemed to

have arisen in, or resulted from, Government service; but in cases of injuries due to serious negligence or misconduct, the question of reducing the disability pension will be considered. (ii) In cases of self-inflicted injuries while on duty, attributability will not be

conceded unless it is established that service factors were responsible for such action; in cases where attributability is conceded, the question of grant of disability pension at full or at a reduced rate will be considered. (b) An accident which occurs when a man is not strictly on duty as

defined above, may also be attributable to service, provided that it involved risk which was definitely enhanced in kind or degree by the nature, conditions, obligations or incidents of his service and that the same was not a risk common to human existence in modern conditions in India. Thus, for example where a person is killed or injured during the performance of his duties in which he had incurred wrath of such person he shall be deemed to be on duty at the relevant time. This benefit will be given more liberally to the claimant in cases occurring on active service as defined in the relevant Acts/Rules. 5. In respect of diseases, the following rules will be observed: (a) Cases, in which it is established that conditions of Government service did not determine or contribute to the onset of the disease but influenced the subsequent course of the disease, will fall for acceptance on the basis of aggravation.

69 (b) A disease which has led to an individuals discharge or death will ordinarily be deemed to have arisen in service if no note of it was made at the time of the individuals acceptance for Government service. However, if medical opinion holds, for reasons to be stated, that the disease could not have been detected on medical examination prior to acceptance for service, the disease will not be deemed to have arisen during service. (c) If a disease is accepted as having arisen in service, it must also be established that the conditions of Government service determined or contributed to the onset of the disease and that the conditions were due to the circumstances on duty in Government service. (d) In considering whether a particular disease is due to Government service, it is necessary to relate the established facts, in the aetiology of the disease and of its normal development, to the effect that conditions of service, e.g., exposure, stress, climate, etc., may have had on its manifestation. Regard must also be had to the time factor (also see Schedule 1). (i) Common diseases known to be affected by exposure to weather Diseases such as Bronchitis, Rheumatism and Nephritis Indeed most diseases of the respiratory system, joints and kidneys are affected by climatic conditions. The period and the conditions of service at any particular place should be taken into account in determining causal connection with service. (ii) Common diseases known to be affected by stress and strain This should be decided with due reference to the nature of the duties which the individual has had to perform in Government service. It may be that in some cases the individual had been engaged on sedentary duties, when they will normally not qualify. (iii) Diseases endemic to certain areas

70 Diseases such as Malaria, Kalazar, Filariasis, Dysentery, Cholera, etc., are endemic in certain areas. These diseases may also be introduced by movements of infected persons. In determining causal connection with service, it will have to be established that the conditions of Government service exposed the individual to the infection as a result of which he contracted the disease. Where there is medical evidence of the contraction of the diseases either prior to entry into service, or while off duty or on leave or desertion or unauthorized absence, etc., attributability should not be accepted, unless the disease occurs within the incubation period. (iv) Diseases due to infections in service Entitlement to pension will be admitted if the exposure to infection arose from the circumstances of the members Government service. (v) Diseases known to be affected by dietary compulsions The compulsions of service would also cover such cases as gastric disorders, e.g., gastritis, gastric and duodenal ulcers, where it is established that the member was unable to follow a dietary regime required for his condition. The effect of service in such cases will be limited essentially to the question of aggravation of a pre-existing constitutional condition. This will not normally apply to individuals in sedentary occupation. (vi) Diseases which run their course independently of external

circumstances There are certain diseases which would have run the same course whether the individual had been in Government service or not, e.g., Leukemia, Hodgkins disease, etc. (See Part II of Schedule 1-A). Such cases will not be accepted as aggravated by service unless it is clear that owing to exigencies of service, the man did not receive treatment of a satisfactory character and standard or such treatment was so delayed, as to be less effective than it should have been. (vii) Venereal Diseases Venereal disease will normally be rejected but a sequela of the disease may sometimes be accepted as aggravated by service. In the case of such disease contracted during service, grounds for acceptance will rarely be found unless the member after treatment had returned to full duty and had been

71 subjected to such strain as would produce one of the after effects of the disease sooner than would have normally been the case. The strain must have been of an exceptional nature. (2) In the case of disease contracted before service if the member had

reached an age when such a manifestation could be accepted, entitlement will not be conceded. On the other hand, if the later manifestation had been produced or hastened by the strain of service in which case there should be evidence that the strain was of an exceptional nature, entitlement may be considered on the basis of aggravation. (3) In the case of disease due to heredity, entitlement must be determined

as in Para (2) above. (4) The above refers only to late manifestations or sequela of venereal

disease as Neuro Syphilis or Cardio-Vascular Syphilis. (viii) Invalidation on account of indulgence in drugs or drinks Entitlement shall not be conceded if the disability or death on which the claim is based, resulted from indulgence in drugs or drinks, which was within ones own control. 6. (a) unforeseen effects of service medical treatment Whether unforeseen complications arise as a result of treatment (including operative treatment) given for the purpose of rendering a member fit for service duties, any disablement resulting will normally be accepted as

attributable to service. (b) Where the treatment is given for other reasons, the position regarding any unforeseen complications differs according as the condition which necessitated treatment was or was not, either attributable to or aggravated by service. If it was so attributable or aggravated, any disablement resulting from the treatment, it will normally be accepted as attributable to service. If it was not, no responsibility will be accepted for the additional disablement unless neglect, delay, faulty technique or lack of reasonable skill can be held responsible for the untoward outcome, or the exigencies of service before,

72 during or after the treatment can be held to have caused or aggravated the condition. (c) The above considerations apply whether the treatment is given in a service hospital or under service arrangements in any other hospital but will not apply if the treatment is undertaken under private arrangement by an individual. 7. (a) Assessment The assessment of a disability is the estimate of the degree of disablement it causes, which can properly be ascribed to service as defined below. (b) The disablement properly referable to service will be assessed as under (i) At the time of discharge from the Government Service. Normally the whole of the disablement then caused by the disability. This rule will apply irrespective of whether the disability is actually attributable to service, or is merely aggravated thereby. In the latter event, part of the disablement on discharge may have been present before service and/or may have been brought about by the natural progress of the disability during service. But as it is impossible, for so long as the strain and stress of service continues, to apportion quantitatively the effects of service and nonservice factors, the entire disablement at the time of discharge will be taken into account. For example: (1) Where a person who had a partially disabled hand, sustains an injury to the same hand which renders it less useful than before, or a person with an Impaired foot injures the other as a result of service, thus increasing his defect in locomotion; or (2) Where a person given history of cough and cold prior to enrolment and is invalided out of service for Chronic Bronchitis held to be aggravated by service, pension will be admissible for the total disablement. (ii) On resurvey of disability after discharge from the service. The whole of the disablement then caused by the disability, less the following: -

73 (1) The part due to non-service factors, such as individual habits, occupation in civil life, accident after discharge, climatic environment after discharge; (2) Any worsening due to the natural progress of the disability since discharge apart from the effects of service. Deduction (1) will be made in all cases; while deduction (2) above will apply only in cases where the disability is accepted as aggravated by, but not attributable to service. (c) In cases accepted as aggravated by service, although a percentage of disablement, equal to more than 20 per cent, may be assessed on medical resurvey, after discharge from service, in accordance with Para (b)(ii) (2) above, disability pension will cease to be payable as soon as the effects of the aggravation by service have passed away, e.g., where a person with disease, e.g., Fibrositis, Bronchitis, Eczema, etc., held to be aggravated by service, is invalided out and on resurvey was found by the Medical Board to have been restored (a) to his pre-service condition or (b) the condition in which he may have been normally at that time even if he had not joined Government Service, aggravation by service will be deemed to have passed away. (d) (i) Paired organs,Paired organs, namely, eyes, ears, arms and legs shall be considered together, where disablement due to service occurs in one of a pair of organs, assessment on discharge will be made with reference to the diminution of the functional capacity of the organs working together. Therefore, assessment will include functional defect of the pair of organs. (ii) Subject to the exceptions specified below, any subsequent increase in the non-service disablement and non-service disablement arising after discharge whether due to injury or disease will be excluded from the assessment.

74 (iii) Cases arise in which at the time of discharge, there is damage by service to one only of the paired organs (namely, eyes, ears, arms including hands) and legs (including feet) and the other is, either normal or impaired in a minor degree. Where the disablement acceptable under Clause (ii) above and the disablement of the other limb or organ are together assessable at any subsequent date at 100% the assessment for pension purposes will be increased by one half of the difference between the current assessment and 100 per cent. For instance, a pensioner receiving an award at the 40% rate for the loss of an eye who later loses the sight of his other eye through a non-service cause, will have his award increased to 70% rate; and a pensioner with an award at 80% for a gunshot wound of an arm, who later develops severe arthritis of his other arm, thereby being 100% disabled, will qualify for a revised award at 90% rate. Where the combined disablement of the pair of organs is less than 100%, but is more than twice as serious as the disablement acceptable under Clause (ii) above, the assessment will be increased to one half of the combined disablement. If, for example, a pensioner with an award at 30% rate for the loss of vision of one eye partially loses the sight of the other eye through a non-service cause, and the defective vision of both eyes together is assessable at 80%, his award will be increased to the 40% rate. (iv) The provisions of the preceding sub-clause are applicable even where the second of a pair of organs has been disabled by some generalized disability (e.g., rheumated arthritis) which would have also disabled the first of the pair if it had not been lost or damaged as the result of service. (e) Composite assessments. Where there are two or more disabilities due to service, compensation will be based on the composite assessment of the degree of disablement. Generally speaking, when separate disabilities have entirely different functional effects, the composite assessment will be the arithmetical sum of their separate assessments. But where the functional effects of the disabilities

75 overlap, the composite assessment will be reduced in proportion to the degree of overlapping. (f) Nil disablement. Where, although a definite disability is or has been in evidence, the Medical Board consider that any disablement resulting therefor has ceased or has become so small as not to admit of assessable compensation, the assessment will be expressed as nil disablement. (g) Where the disability due to service has no connection with pre-existing

disability, as for example, a person who had lost a finger prior to enlistment, loses a great toe by service, compensation will be restricted to the loss of the great toe only.

76

D Procedure Relating to Pensions Chapter IX - Applications for Grant of Pensions Section - I - General 9.1. All authorities dealing with applications for pension under these rules

should bear in mind that delay in the payment of pensions involves peculiar hardship. It is essential to ensure, therefore, that a Government employee begins to receive his pension on the date on which it becomes due. Note 1.- In order to prevent cause for complaint on the part of pensioner, it is most important that pension cases should always be given a high degree priority as is possible. Note 2.- The Administrative Department shall be the pension sanctioning authority in case of Gazetted Government employees and Head of Department in case of Non- Gazetted Government employees. However the pension cases of all the Government employees on superannuation retirement shall be sent direct to the Accountant General, Haryana by the Head of Office without obtaining any specific administrative approval from the Administrative Department or Head of Department. 9.2. (1) Every Head of Department/Head of Office shall have a list

prepared every six months, that is, on the 1st January and the 1st July each year of all Government employees who are due to retire within the next 12 to 18 months of that date. (2) In the case of a Government employee retiring for reasons other than

by way of superannuation, the pension sanctioning authority shall promptly inform the Accountant General, Haryana of the fact of such retirement and shall forward his pension papers soon after. 9.3. (1) The Head of Office shall write to the Accounts Officer (Rent) /

Rent Assessing Authority at least one year before the anticipated date of retirement of the Government employee 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.

77 (2) On receipt of the intimation under sub-rule (1), the Accounts Officer

(Rent) /Rent Assessing Authority shall take further action as provided in rule 9.17. 9.4. Every Head of Office shall undertake the work of preparation of

pension papers in form Pen-4 two years before the date on which a Government employee is due to retire on superannuation. 9.5. (1) The Head of Office shall divide the period of preparatory work

of two years referred to in rule 9.4 in the following three stages, namely:(a) (i) First Stage - Verification of Service:The Head of Office shall go through the service book of the

Government employee and satisfy himself as to whether the certificates of verification for the entire service are recorded therein. (ii) In respect of the unverified portion(s) of service he shall arrange to

verify the portion(s) of such service, as the case may be, with reference to pay bills, acquittance rolls or other relevant records and record necessary certificates in the service book. (iii) 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 Government employee in another office or Department, a reference shall be made to the Head of Office in which the Government employee is shown to have served during that period for the purpose of (iv) verification.

If any portion of service rendered by a Government employee is not

capable of being verified in the manner specified in sub-clause (i), or subclause (ii) or sub-clause (iii), the Government employee 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. (v) 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 Government employee in support of the said period of

78 service, admit that portion of service as having been rendered for the purpose of calculating the pension of that Government employee. (b) (i) Second Stage - Making good omission in Service Book:The Head of Office while scrutinizing 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. (ii) 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. 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. (iii) In order to ensure that the emoluments have been correctly shown into may verify the correctness of

the service book, the Head of Office emoluments, for the period of

twenty four months only preceding the

date of retirement of a Government employee, and not for any period prior to that date. (c) (i) Third Stage - Obtaining Form Pen-3 by the Head of Office:The Head of Office shall obtain form Pen- 3 duly completed and other

relevant documents from the Government employee eight months prior to the date of retirement of the Government employee. (2) Action under clauses (a), (b) and (c) of sub-rule (1) shall be completed

eight months prior to the date of retirement of the Government employee. 9.6. The Head of office shall complete Part- I of Form Pen- 4 six months

prior to the date of retirement of the Government employee. 9.7. (1) After complying with the requirements of rules 9.5 and 9.6, the

Head of Office shall forward the pension case of the Government employee to the Accountant General, Haryana in Form Pen- 5 alongwith the following signed documents:(i) (ii) (iii) Form Pen 4; Form Pen- 3 (in duplicate); Service Book complete in all respect;

79 (iv) Three joint photographs with the spouse duly attested by the Head of

Office besides one photograph duly attested to be pasted on Form Pen- 4 and Form Pen- 3 separately; (v) Calculation sheet of Pension, Commutation, DCRG and Family

Pension (normal and enhanced); (vi) (vii) (viii) (ix) Statement of service verification w.r.t. entries existing in service book; Three copies of identification marks and height; Nomination form for DCRG; Under taking regarding refund of excess payment of pension and

gratuity, if found at a later stage; (x) Two slips of specimen signatures (three times) duly attested by the

Head of Office; (xi) (xii) (xiii) (xiv) Detail of family members; (in duplicate); Certificate of Military Service; Form Pen-14, if applied for commutation; Affidavit regarding adjustment of long term loans and advances and

rent of Government accommodation to be submitted by the retiring Government employee. (2) The Head of Office shall retain a copy of each of the forms referred to

in sub-rule (1) for its record. (3) Where the payment is desired in another circle of accounting unit, the

Head of Office shall send Form Pen-4 in duplicate to the Accountant General, Haryana. (4) The papers referred to in sub-rule (1) shall be forwarded to the

Accountant General, Haryana not later than six months before the date of retirement of Government employee. (5) The Head of Office shall supply a certified copy of the calculation sheet

of Pension, Commutation, DCRG and Family Pension (normal and enhanced) to the Government employee after submission of pension case to the Accountant General, Haryana. 9.8. If, after the pension papers have been forwarded to Accountant

General, Haryana the within the period specified in sub-rule (4) of rule 9.7, any event occurs which has a bearing on the amount of pension admissible,

80 the facts shall be promptly reported to the Accountant General, Haryana by the Head of Office. 9.9. (1) The Head of Office after ascertaining and assessing the

Government dues as in rule 9.16, shall furnish the particulars thereof to the Accountant General, Haryana at least two months before the date of

retirement of the Government employee so that the dues are recovered out of the gratuity before its payment is authorised. (2) If, after the particulars of Government dues have been intimated to the

Accountant General, Haryana under sub-rule (1) any additional Government dues come to the notice of the Head of Office, such dues shall be promptly reported to Accountant General, Haryana. He shall also record these additional dues in the last pay certificate. 9.10. (1) The various stages of action laid down in rule 9.5 shall be strictly

followed by the Head of Office. There may be an isolated case where, inspite of following the procedure laid down in rule 9.5, it may not be possible for him to forward the pension papers referred to in rule 9.7 to the Accountant General, Haryana within the period prescribed in sub-rule (4) of that rule, or where the pension papers have been forwarded to the Accountant

General, Haryana within the prescribed period but the Accountant General, Haryana 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 Government employee is likely to retire before his pension and 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 period of qualifying service and the emoluments qualifying for pension after the most careful summary investigations that may be made. For this purpose he shall:(i) and (ii) ask the retiring Government employee to file a written statement on rely upon such information as may be available in the official records,

plain paper stating the total length of qualifying service but excluding the breaks and other non-qualifying periods of service.

81 (2) The Government employees 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. (3) 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 record and the information obtained from the retiring Government employee under sub-rule (1). He shall, then, determine the amount of provisional pension and amount of provisional deathcum-retirement-gratuity. (4) After the amount of pension and gratuity has been determined under

sub-rule (3), the Head of Office shall take further action as follows:(a) he shall issue a sanction letter and endorse a copy thereof to the

Accountant General, Haryana for authorising payment at a treasury of the following:(i) 100% pension as determined under sub-rule (3) as provisional

pension for a period not exceeding six months to be reckoned from the date of (ii) retirement of the Government employee; and

100% of gratuity as provisional gratuity determined under sub rule (3)

after deducting there from the dues mentioned in rule 9.16; (b) he shall indicate in the sanction letter the amount recoverable from

the gratuity under sub rule(1) of rule 9.9. (5) 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. (6) (a) The payment of provisional pension shall not continue beyond the period of six months from the date of retirement of Government employee. If the amount of final pension and the amount of final gratuity had been determined by the Head of Office in consultation with the Accountant

General, Haryana before the expiry of the said period of six months, the Accountant General, Haryana shall(i) (ii) issue the pension payment order; and authorise the difference between the final amount of gratuity and the

amount of provisional gratuity paid under sub-clause (ii) of clause (a) of sub-rule (4) after adjusting the Government dues, if any, which may have

82 come to notice after the payment of provisional gratuity. If the Government employee was an allottee of Government accommodation, the amount of gratuity withheld under sub-clause (ii) of clause (a) of sub-rule (4) should

be refunded on receipt of no demand certificate from the Accounts Officer (Rent)/Rent (b) Assessing Authority.

If the amount of provisional pension disbursed to a Government

employee under sub-rule (4) is on its final assessment found to be in excess of the final pension assessed by Accountant General, Haryana, it shall be open to the Accountant General, Haryana to adjust the excess amount of pension out of gratuity withheld under sub-clause (ii) of clause (a) of sub-rule (4) or recover the excess amount of pension in installments by making short payments of pension payable in future. (c) (i) If the amount of provisional gratuity authorised by the Head of Office under sub-rule (4) is larger than the amount finally assessed, the retired Government employee shall not be required to refund excess actually disbursed to him. (ii) The Head of Office shall ensure that chances of authorising the amount amount

of gratuity in excess of the amount finally assessed are minimised and the official responsible for the excess payment shall be accountable for the overpayment. (7) If the final amount of pension and gratuity have not been determined by the Head of Office in consultation with the Accountant General, Haryana within a period of 6 months referred to in clause (a) of sub-rule (6) the Accountant General, Haryana shall treat the provisional pension and gratuity as final and issue pension payment order immediately on the expiry of the period of 6 months. 9.11. (1) (a) On receipt of pension papers referred to in rule 9.7 the Accountant General, Haryana shall apply the requisite checks 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 Government employee if the pension is payable in his circle of accounting unit. (b) If the pension is payable in another circle of accounting unit, the shall send the pension payment order

Accountant General, Haryana

83 alongwith a copy of Form Pen-4 to the Accountant General of that unit for arranging payment. (2) The payment of the amount of gratuity to the retired Government

employee as determined by the Accountant General under clause (a) of subrule (1) shall be authorised at a Treasury after adjusting the Government dues, if any, referred to in rule 9.16. (3) The amount of gratuity withheld under sub-rule (5) of rule 9.17 shall be

adjusted by the Head of Office against the outstanding licence fee intimated by the Accounts Officer (Rent)/Rent Assessing Authority and the balance, if any, refunded to the retired Government employee. 9.12. In the case of a Government employee who retires while on

deputation or while on foreign service action to authorise pension and gratuity in accordance with the provisions of this chapter shall be taken by the cadre authority which sanctioned deputation or foreign service. 9.13. (1) If the payment of gratuity has been authorized after three its payment became due, and it is clearly

months from the date when

established that the delay in payment was attributable to administrative lapse, interest at the rate as applicable to General Provident Fund beyond three months shall be paid: Provided that the delay in payment was not caused on account of failure on the part of the Government employee to comply with the procedure laid down in this Chapter. (2) Every case of delayed payment of gratuity shall, suo moto, be the case may be, and

considered by the Administrative Department, as

where the Department is satisfied that the delay in the payment of gratuity was caused on account of administrative lapse, that Department shall make a recommendation to the Administrative Department for the interest. (3 If the recommendation of the Department made under sub-rule (2) payment of

is accepted by the Administrative Department, it shall issue Governor's sanction for the payment of interest. (4) In all cases where the payment of interest has been authorised by the the

Administrative Department, the Department concerned shall fix

responsibility and take disciplinary action against the Government employee

84 or employees concerned payment of gratuity. (5) If as a result of Government's decision taken subsequent to the who are found responsible for the delay in the

retirement of a Government employee the amount of gratuity already paid on his retirement is enhanced on account of:(a) grant of emoluments higher than the emoluments on which gratuity,

already paid, was determined; or (b) liberalisation in the provisions of these rules from a date prior to the

date of retirement of the Government employee concerned; no interest on the arrears of gratuity shall be paid. 9.14. (1) (a) In respect of a government employee referred to in rule 2.2 of these rules, the Accountant General shall authorise the provisional pension equal to the maximum pension which would have been admissible on the basis of qualifying service up to the date of retirement of the Government employee, or if he was under suspension on the date of retirement, upto the date of immediately preceding the date on which he was placed under

suspension. (b) The provisional pension shall be authorised by the Accountant General,

Haryana during the period commencing from the date of retirement up to and including the date on which, after the concluding of departmental or judicial proceedings, final orders are passed by the competent authority. (c) No gratuity shall be paid to the Government employee until the of final

conclusion of the departmental or judicial proceedings and issue orders thereon. (2)

Payment of provisional pension made under sub-rule (1) shall

be

adjusted against final retirement benefits sanctioned to such Government employee 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. Subject to the provision of rule 2.2, pension once authorised of the

9.15. (1)

after final assessment shall not be revised to the disadvantage

Government employee, unless such revision becomes necessary on account of detection of a clerical error subsequently;

85 Provided that no revision of pension to the disadvantage of shall be ordered by the Pension Sanctioning the pensioner

Authority without the

concurrence of the Finance Department if the clerical error is detected after a period of two years from the date of authorisation of pension. (2) For the purpose of sub-rule (1), the retired Government employee

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. 3) In case the Government employee 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 the Office may direct. 9.16. (1) Action for reconciliation of long-term advances shall be initiated

one year prior to the retirement of the Government employee. (2) The Government dues as ascertained and assessed by the Head of

Office which remain outstanding till the date of retirement of the Government employee, shall be adjusted against the amount of death- cum- retirementgratuity becoming payable. (3) (a) The expression, "Government dues" includes,dues pertaining to Government accommodation including arrears

of licence fee, if any; (b) dues other than those pertaining to Government accommodation, or any other advance,

namely, balance of house building or conveyance

overpayment of pay and allowances or leave salary and arrears of income tax deduction at source under the Income Tax Act, 1961 (43 of 1961). 9.17. (1) The Accounts Officer (Rent) / Rent Assessing Authority on

receipt of intimation from the Head of Office under sub-rule (1) of rule 9.3 regarding the issue of No Demand Certificate shall scrutinise its record 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.

86 (2) The Head of Office shall ensure that licence fee for the next eight

months, that is up to the date of retirement of the allottee is recovered every month from the pay and allowances of the allottee. (3) Where the Accounts Officer (Rent) / Rent Assessing of licence fee (1), Authority period that

intimates the amount mentioned in

recoverable in respect of

sub-rule

the Head of Office shall ensure

outstanding licence fee is recovered in installments 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 the payment is authorised. (4) The Accounts Officer (Rent) / Rent Assessing Authority 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 gratuity together with the unrecovered licence fee, if any, mentioned in sub-rule (3). (5) If in any particular case, it is not possible for the Accounts Officer

(Rent) / Rent Assessing Authority to determine the outstanding licence fee, that office shall inform the Head of Office that 10% of the gratuity or twenty thousand rupees, whichever is less, may be withheld pending receipt of the further information. (6) The recovery of licence fee for the occupation of the Government

accommodation beyond the permissible period of four months after the date of retirement of the allottee shall be the responsibility of the Accounts Officer (Rent) / Rent Assessing Authority. 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. 9.18. (1) For the dues other than the dues pertaining to occupation of

Government accommodation as referred to in clause (b) of sub-rule (3) of rule 9.16, the Head of Office shall take steps to assess the dues one year before the date on which a Government employee is due to retire on superannuation, or on the date on which he proceeds on leave preparatory to retirement, whichever is earlier.

87 (2) The assessment of Government dues referred to in sub-rule (1) shall

be completed by the Head of Office eight months prior to the date of the retirement of the Government employee. (3) The dues as assessed under sub-rule (2) including those dues which

come to notice subsequently and which remain outstanding till the date of retirement of the Government employee, shall be adjusted against the amount of death-cum-retirement gratuity becoming payable to the employee on his retirement. 9.19. When a Government employee retires from service:(a) a notification in the Official Gazette in the case of gazetted Government

Government employee, and (b) an office order in the case of a non-gazetted Government employee,

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 Accountant General, Haryana: 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 Government employee, is issued a further notification or office order that the Government employee 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 ante-dated or postponed. Section II - Determination and Authorisation of Family Pension and Death-cum-Retirement-Gratuity for deceased Government Employees 9.20. (1) Where the Head of Office has received an intimation about the

death of Government employee while in service, he shall ascertain whether any death-cum- retirement- gratuity or family pension or both is/are payable in respect of deceased Government employee. (2) (a) Where the family of the deceased Government employee is eligible for the death-cum-retirement- gratuity under rule 6.10 of these rules, the Head of Office shall ascertain:(i) if the deceased Government employee had nominated any person or

persons to receive the gratuity ;and

88 (ii) if the deceased Government employee had not made any nomination

or the nomination made does not subsist, the person or persons to whom the gratuity may be payable. (b) The Head of Office shall then, address the person concerned in form

Pen-6 or form Pen-7 as may be appropriate for making a claim in Form Pen-8. (3) Where the family of the deceased Government employee is eligible for

family pension under Section- D of Chapter- VI to these rules,(a) the Head of Office shall address the widow/widower or other eligible

family member in Form Pen-9 for making a claim in Form Pen-10; or (b) where the deceased Government employee is survived only by a child

or children, who have not attained the age of 18 years, the guardian of such child or children may submit a claim in Form Pen-10. (4) If on the date of death, the Government employee was an allottee of

Government accommodation, the Head of Office shall address the Accounts Officer(Rent)/Rent Assessing Authority for the issue of "No Demand

Certificate" in accordance with the provisions of sub-rule (1) of rule 9.25. 9.21. (1) (a) The Head of Office while taking action to obtain claim or claims from the family in accordance with the provision of rule 9.20 shall simultaneously undertake the completion of form Pen-11. The work shall be completed within one month of the date on which intimation regarding the date of death of the Government employee has been received. (b) The Head of Office shall go through the service book of the deceased

Government employee and satisfy himself as to whether certificates of verification of the service for the entire service are recorded therein. (c) 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 participation in strike. (2) (a) For the purpose of determination of emoluments for family pension and death-cum-retirement-gratuity, the Head of Office shall confine the verification

89 of correctness of emoluments for a maximum period of one year preceding the date of death of the Government employee. (b) In case the Government employee 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 commencement of

extraordinary leave shall be verified. (3) 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 Government employee and the amount of family pension and death-cum-retirement gratuity shall also be calculated accordingly. 9.22. The period of qualifying service shall be determined with reference to entries of service verification in the service book. If in any particular case, the service book has not been maintained properly despite the Government's orders 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. The verification of service in such a case shall be confined to the following spells of service:(a) For the purpose of Family Pension (i) if the deceased Government employee 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 determined under rule 6.17(3); (ii) if the deceased Government employee on the date of death had

rendered more than seven years of service, the service for the last seven years and emoluments for service rendered in the last year shall be verified and accepted by the Head of Office and the amount of family pension and the period for which it is payable shall be determined in accordance with the provision of rule 6.17(4) and (5); (iii) if the deceased Government employee at the time of 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 Office but

90 the service rendered during the last year is capable of being verified and accepted, the Head of Office, pending the verification of service for seven years, shall calculate the amount of family pension in accordance with the provision of rule 6.17(3); (iv) the service for the last seven years shall be verified and accepted

within the next two months and the amount of family pension at the enhanced rates and the period for which it is payable shall be determined in accordance with the provision of rule 6.17 (4) and (5); (v) 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 Government employee. (b) For the purpose of Death-cum-Retirement-Gratuity (i) if the deceased Government employee had, on the date of his death

rendered less than one year of qualifying service, the amount of death-cumretirement- gratuity shall be equal to two times of his emoluments. (ii) Where the verified and accepted service is less than five years but

more than one year, the amount of death-cum-retirement-gratuity shall be equal to six times of his emoluments. (iii) Where the verified and accepted service five years 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. (iv) if the deceased government employee had rendered more than

twenty-four years of service and the entire service is not capable of being verified and accepted, but the service for the last five years verified has been

and accepted under sub-clause (i), the family of the deceased

Government employee shall be allowed on the provisional basis, the deathcum-retirement gratuity equal to twelve times of the emoluments. Final

amount of the 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

91 any, becoming payable as a result of determination of the final amount of the death-cum-retirement gratuity shall then be authorised to the beneficiaries. 9.23. (1) On receipt of claim or claims, the Head of Office shall complete

form Pen-11 and send the said form to the Accountant General, Haryana with a covering letter in form Pen-12 alongwith the Government employee's service book duly completed up-to-date and any other documents relied upon for the verification of the service claimed. The Head of Office shall do this not later than one month of the receipt of the claim. (2) The Head of Office shall retain one copy of the form Pen-11 for his

office record. (3) If the payment is desired in other circle of accounting unit, form Pen-11

shall be sent in duplicate to the Accountant General, Haryana. (4) the Head of Office shall draw the attention of the Accountant General,

Haryana to the details of Government dues outstanding against the deceased Government employee, namely:(a) Government dues as ascertained and assessed in term of rule 9.25

and recoverable out of the gratuity before payment is authorised; (b) amount of gratuity to be held over partly for adjustment of Government been assessed so far and partly as a margin for

dues which have not

adjustment in the light of the final determination of the gratuity; (c) the maximum amount of gratuity to be held for the purpose of clause

(b) shall be limited to 10% of the amount of gratuity or Rs.20,000/-, whichever is less. 9.24. (1) On receipt of the documents referred to in sub-rule (1) of rule

9.23, the Accountant General, Haryana shall, within a period of three months from the date of receipt of the documents apply the requisite checks and assess the amount of family pension and gratuity: Provided that if the Accountant General, Haryana is, for any reason unable to assess the final amount within the period aforesaid he shall authorise the provisional family pension to the claimant for such period as may be required by him. (2) (a) If the family pension is payable in his circle of accounting unit, the Accountant General, Haryana shall prepare the pension payment order.

92 (b) the payment of family pension shall be effective from the date following

the date on which the payment of provisional family pension ceased. (c) Arrears of family pension, if any, in respect of the period for which

provisional family pension was sanctioned by the Head of Office shall also be authorised by the Accountant General, Haryana. (3) The Accountant General, Haryana shall determine and authorise

payment of the amount of the balance of gratuity after adjusting the amount, if any, outstanding against the deceased Government employee. (4) The fact of the issue of the pension payment order shall be promptly

reported to the Head of Office by the Accountant General, Haryana and the documents which are no longer required shall also be returned to him. (5) If the final family pension including the arrears of the provisional family

pension is payable in another circle of accounting unit, the Accountant General, Haryana shall send the pension payment order together with the copy of form Pen-11 duly completed to the Accountant General of that unit for arranging payment. (6) (a) If the amount of gratuity sanctioned by the Head of Office proves to be larger than the amount finally assessed by the Accountant General, Haryana the beneficiary shall not be required to refund the excess. (b) The Head of Office shall ensure that chances of sanctioning 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 overpayment. 9.25. (1) (i) - If Government employee was allottee of Government

accommodation on the date of death, the Head of Office on receipt of intimation regarding the death of the Government employee shall within seven days of the receipt of such intimation write to the Accounts Officer (Rent)/Rent Assessing Authority for the issue of No Demand Certificate so that authorization of family pension and death-cum-retirement-gratuity is not delayed. While addressing the Accounts Officer (Rent)/Rent Assessing Authority 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) :(a) name of the deceased Government employee with designation

93 (b) (c) (d) particulars of the accommodation (quarter No., type etc); date of death of Government employee; whether the Government employee was on leave at the time of his

death and, if so, the period and nature of leave; (e) whether the Government employee was enjoying rent free

accommodation; (f) the period up to which licence fee has been recovered from the pay

and allowances of the deceased Government employee and the monthly rent of recovery and particulars of pay bill under which last recovery was made; (g) if the licence fee had not been recovered up to the date of death and

the family intends to retain Government accommodation for the permissible period of twelve months from the date of death of the Government employee at the normal rate of licence fee, the amount of licence fee outstanding against the deceased employee shall be recovered from the amount of deathcum-retirement-gratuity. (ii) The Head of Office shall recover from the death-cum-retirement-

gratuity the amount of licence fee as intimated to the Accounts Officer (Rent)/Rent Assessing Authority under clause (i). (iii) The recovery of licence fee for the occupation of Government

accommodation beyond the permissible period of twelve months shall be the responsibility of the Accounts Officer (Rent)/Rent Assessing Authority. (iv) The Accounts Officer (Rent)/Rent Assessing Authority shall scrutinize

their records with a view to determine if licence fee other than the licence fee referred to in clause (i) was outstanding against deceased Government employee. If any recovery is found, the amount and the period to which such recovery or recoveries relate shall be communicated to the Head of Office within a period of three months of the receipt of intimation regarding the death of the government employee under clause (i). (v) Pending receipt of information under clause (iv) the Head of Office shall

with hold ten percent of the death-cum-retirement gratuity amount or twenty thousand rupees, which ever is less. (vi) If no intimation is received by the Head of Office within the period

prescribed under clause (iv) regarding recovery of licence fee, it shall be presumed that nothing was recoverable from the deceased Government

94 employee and the amount of gratuity withheld shall be paid to the person or persons to whom the amount of death-cum-retirement-gratuity was paid. (vii) If the Head of Office has received intimation from the Accounts Officer

(Rent)/Rent Assessing Authority under clause (iv) regarding licence fee outstanding against the deceased Government employee, the Head of Office shall verify from the acquittance rolls if the outstanding amount of licence fee was recovered from the pay and allowances of the deceased Government employee. If as a result of verification, it is found that the amount of licence fee shown as outstanding by the Accounts Officer (Rent)/Rent Assessing Authority had already been recovered, the Head of Office shall draw the attention of the Accounts Officer (Rent)/Rent Assessing Authority 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 amounts of gratuity with-held under clause (v) to the person or persons to whom the death gratuity was paid. (viii) If the outstanding amount of licence fee was not recovered from the

pay and allowances of deceased Government employee the outstanding amount shall be adjusted against the amount of the gratuity withheld under clause (v) and the balance, if any, repaid to the person or persons to whom the amount of death-cum-retirement-gratuity was paid. (2) The Head of Office shall within one month of the receipt of intimation

regarding death of a Government employee, take steps to ascertain if any dues as referred to in rule 9.16 excluding the dues pertaining to the allotment of Government accommodation were recoverable from the deceased Government employee. Such ascertainable dues shall be recovered from the amount of death-cum-retirement-gratuity becoming payable to the family of the deceased Government employee. 9.26. In the case of a Government employee who dies while on deputation or while on foreign service, action to authorize the payments of family pension and death-cum-retirement-gratuity in accordance with the provisions of the chapter shall be taken by the cadre controlling authority, which sanctioned the deputation or foreign service. Chapter X- Payment of Pensions Section I- General Rules

95 A- Date of Commencement of Pension 10.1. (a) Apart from special orders, a pension, other than a wound or

extraordinary pension under chapter VIII, is payable from the date on which the Government employee ceased to be borne on the establishment. (b) The family pension shall become payable after the day of death of the

Government employee/ pensioner. Note. - A Government employee who has taken leave without pay in the hope of being able to resume duty and who subsequently decides that his health will not permit of his return, should not be regarded as entitled to pension from the commencement of his leave without pay. 10.2. In cases where considerable delay has occurred in making application for a wound or injury pension, it will, save as provided in Chapter VIII, be granted only from the date of the report by the Medical Board and no application for a gratuity or pension will be entertained unless submitted within five years of the date of the wound or injury. Section IIA- Pension Payment Order

10.3. The Accountant General, of the State in which payment is to be made will communicate to the treasury officer, who is to pay the pension/family pension authority to make the payment; (i) in the case of a pension such authority will be a Pension Payment

Order in Form Pen- 20; and (ii) in the case of family pension such authority will be a Family Pension

Payment Order in Form Pen- 21. Note. - Each pension payment order will be accompanied by a wallet intended to be delivered by the disbursing officer to the pensioner concerned for use in respect of the pensioners half of the Pension Payment Order. B- Payment of Gratuities and Commuted Value of Pension 10.4. (a) The amount of Death-cum-Retirement-Gratuity is paid in a single

sum, and not by installments, on receipt of authority from the Accountant General. (b) not The amount of commuted value of pension is paid in a single sum, and by installments, on receipt of authority from the Accountant

General,Haryana.

96 C- Lapses and Forfeiture 10.5. (a) Unless the Government by general or special order otherwise

directs, a pension is not drawn for a period of more than one year shall cease to be payable by the disbursing officer. If the pensioner afterwards appears or a claim is presented on his behalf, the disbursing officer may make the payment but the arrears can be paid (i) by the disbursing authority if the claim is presented within one year of

ceasing of pension; (ii) by the disbursing authority after obtaining the sanction of Pension

Sanctioning Authority through Accountant General, Haryana, if the claim is presented after one year of ceasing of pension: Provided that if in any case a pension remains undrawn for a period of three years or more, it will not be paid without obtaining the sanction of the Pension Sanctioning Authority through Accountant General, Haryana. (b) On the death of a pensioner, payment of any arrears actually due may

be made to his heirs: provided that they apply within one year of his death. It can not be paid thereafter without the sanction of the authority by which the pension was sanctioned and sanction to be obtained through the Accountant General. (c) After payment of the arrears of pension, both halves portions of the

pension payment order should be returned to the Accountant General, Haryana with a report of the date of death of the pensioner. (d) A gratuity payment order shall remain in force for one year only and no

such order shall be retained in a disbursing office, if payment has not been made on it within a year of its issue.

97 E- Commutation of Pensions Chapter XI- Commutation of Pensions Section I- General 11.1. (1) A Government employee, on retirement, shall be entitled to

commute for a lump sum payment a fraction not exceeding 40% (forty percent) of his pension. The fraction of pension so commuted on superannuation or pre-mature retirement shall, however, be restored to him on completion of 15 years from the date of retirement or 15 years from actual receipt of commutation value, whichever is later Provided that in the case of Judicial Officers, the commutation of pension shall be permissible upto 50% of pension. (2) In an application for commutation in Form Pen- 14 or Form Pen- 14A,

as the case may be, the applicant shall indicate the fraction of pension which he desires to commute and may either indicate the maximum limit for commutation of pension or such lower limit as he may desire to commute. (3) If fraction of pension to be commuted results in fraction of rupee, such

fraction of a rupee shall be ignored for the purpose of commutation: Provided that a Government employee against whom judicial or a departmental proceeding has been instituted or a pensioner against whom any such proceeding has been instituted or continued under rule 2.4 ibid, shall not be permitted to commute any part of his pension during the pendency of such proceedings. Note 1.- The commutation of a provisional pension will require the sanction of the Finance Department. An explanation of the reasons of delay in the

sanction of final pension should be furnished to the Finance Department, alongwith the report on the title to the commutation applied for. In order to secure repayment of the commuted value of the part of provisional pension paid in, declaration in the form enclosed should be obtained from the pensioner concerned alongwith the application for commutation. Form of Declaration Whereas the (here state the designation of the officer sanctioning the commutation) has consented, provisionally to advance to me the sum of ____________ being the commuted value of a part of the provisional pension, in anticipation of the completion of the enquires necessary to enable the

98 Government to fix the amount of any pension and consequently the part of that pension that may be commuted. I hereby acknowledge that in accepting the advance, I fully understand that the commuted value now paid is subject to revision on the completion of the necessary formal enquiries, and I promise to base no objection to such revision on the ground that the provisional amount now to be paid to me as the commuted value of the part of provisional pension exceeds the amount to which I may be eventually found entitled. I further promise to repay either in cash or by deduction from subsequent payments of pension any amount advanced to me in excess of the amount to which I may be eventually found entitled. Note 2.- Government employee, even if belonging to a class entitled to commute ordinary pension, is entitled to commute a compassionate allowance. A commutation of such an allowance may be sanctioned by

competent authority only on proof that the proceeds of the commutation will be invested for the permanent benefit of the commuters family. Section II- Submission of Applications 11.2. An application for commutation of pension should be made in Part-I of Form Pen- 14 (in duplicate) or Pen- 14A (in triplicate), as the case may be, accompanied by two passport size photograph and shall be submitted to the Head of Office by the retiring Government employee as under: (1) if the commutation is to be made against superannuation/

compensation/ retiring pension, the retiring employee is not required to undergo medical examination for which application on form Pen- 14 is to be submitted to the Head of Office within one year from the date of retirement; (2) if the commutation is to be made against invalid pension, the retiring

employee is required to undergo medical examination for which application on form Pen-14A is to be submitted to the Head of Office. The retiring employee not applying for commutation within one year as per sub- rule (1) shall also be required to undergo medical examination for which application on form Pen14A is to be submitted to the Head of Office. (3) The Head of Office on receipt of application form in Pen-14A shall

receive the form indicating the date of its receipt and acknowledge immediately the receipt of form Pen-14A in Part II of that form and dispatch the same to the applicant.

99 11.3. (1) The Head of Office on receipt of form Pen-14 as per rule

11.2(1), shall forward the case for commutation of pension to Accountant General, Haryana by pasting one copy of photograph of the applicant on form Pen-14 duly attested by the Head of Office and after observing the other formalities mentioned in rule 11.18. (2) The Head of Office on receipt of form Pen-14A as per rule 11.2(2),

shall initiate action for medical examination of the retiring employee at a nearest station as prescribed in rule 11.6 of these rules. Note 1.- In forwarding an application for commutation of pension already sanctioned, the number of the pension payment order held by the pensioner and the name of the treasury from which the pension is drawn should invariably be given to enable the Accountant General, Haryana to trace his pension file.

11.4. The lump sum payable on commutation shall be calculated in accordance with a table(s) of present values which shall be prescribed by the competent authority. Note 1.- In the event of the table of present values applicable to an applicant having been modified between the date of administrative sanction to commutation and the date on which commutation is due to become absolute, payment shall be made in accordance with the modified table, but it shall be open to the applicant if the modified table is less favourable to him than that previously in force, to withdraw his application, by notice in writing dispatched within 14 days of the date on which he receives notices on the modification. Section III- Administrative Sanction and Medical Examination A - administrative sanction 11.5. The forwarding of application in Part III of Form Pen-14 and Form Pen14A by the Head of Office to the Accountant General, Haryana for arranging payment shall be treated as administrative sanction/approval for commutation. The table of present values is given in Annexure to this Chapter and will be applicable to all Government employees. B- Intimation to Applicant and Civil Surgeon 11.6. (1) The Head of Office as per provision of rule 11.3(2) shall request

the concerned Civil Surgeon on Form Pen-15 for conducting medical

100 examination by forwarding Form Pen-14A alongwith two photographs of the applicant out of which one photograph should be pasted on Form Pen-14A duly attested by the Head of Office. The other photograph shall be pasted on Form Pen16 which will be attested by the Medical Authority at the time of conducting medical examination. (2) The Head of Office shall simultaneously instruct the retiring employee

to appear for medical examination before the said medical authority. C- Medical Examination 11.7. The Civil Surgeon should arrange for the medical examination of the applicant at the nearest available station to be mentioned by the applicant in part-I of Form Pen- 14A and as early as possible. The applicant shall fill up the Part I of Form Pen-16, in the presence of the medical authority. The Medical Authority after conducting the medical examination of the applicant shall issue the medical report in Part-III of Form Pen-16. 11.8. (1) The Government employee who has been invalided from

service, the medical examination for commutation, in such case, shall be conducted by the Medical Board. (2) The medical examination in the case of retiree, who apply for

commutation after one year of retirement, shall be conducted by the Civil Surgeon of the district in which he is ordinarily resident. (3) In the case of an applicant who has been or is about to be granted an

invalid pension, the grounds of invaliding or the statement of the medical case shall be duly considered by the certifying medical authority before the certificate (Part-III of Form Pen-16) is signed. (4) Fee for medical examination for commutation of pension shall be

charged from retiree as prescribed in Rule 3.3 of Haryana Civil Services Rules, Part I General Rules. (5) An applicant who has once been refused commutation on medical

ground or after he has once declined to accept commutation on the basis of an addition to years to his actual age may apply for a second medical examination, at his own expense if at least a year has elapsed, since his first examination. Such an examination shall invariably be made by a Medical Board. The medical authority examining the pensioner should be furnished, in

101 addition to the documents mentioned in Rule 11.6, with a copy of the report of the medical authority which previously examined him. (6) The medical authority prescribed shall without delay forward the

completed Forms Pen-14A and Pen-16 in original and the copy of photograph attested by it to the Head of Office, who recommended for the medical examination. A certified copy of Part-III of Pen-16 should be given to the pensioner on the spot after his medical examination. Note 1.- If in the opinion of the medical authority some special examination is necessary which is not in a position to carry out itself, it may require the applicant to undergo such examination at his own expense. No refund of such expenditure will be given by Government irrespective of the result of the examination. D- Withdrawal of Application 11.9. (1) The applicant may, after giving notice in writing to the Head of

Office withdraw his application any time before subjecting himself to medical examination before the medical authority but in no case after he has appeared before such authority. (2) In case the medical authority directs that the applicants age for the

purpose of commutation shall be assumed to be greater than his actual age, the Head of Office shall intimate the applicant the reduced amount of commutation payable on the basis of assumed age. The applicant may (a) by giving notice in writing to the Head of Office withdraw his application

within 14 days from the date on which he receives the certified copy of Part-III of Form Pen-16; or (b) request the Head of Office within the period specified in clause (a) that

he may be permitted to reduce the amount of pension already applied for commutation to an amount to be indicated by the applicant. (3) Where a request for withdrawal has not been made by the applicant

within the time specified in clause (a) of sub rule (2), it shall be presumed that he has accepted the findings of the medical authority and the Head of Office shall take action for the payment of commuted value of pension by forwarding the case alongwith form Pen- 14A and form Pen-16, received from the medical authority, to the Accountant General, Haryana.

102 (4) If a request for reduction in the amount of pension to be commuted is

made as provided in clause (b) of sub-rule (2), the Head of Office shall accept the request of the applicant and accordingly forward the case to the Accountant General, Haryana for authorizing the payment of commuted value of pension with reference to the reduced amount. 11.10. (1) The commutation of pension shall become absolute in the case

of an applicant referred to: (i) in sub-rule (2) of rule 11.17, on the date on which the application in

Form Pen- 14 is received by the Head of Office; (ii) in rule 11.2, on the date on which the medical authority signs the

medical report in Part-III of Form Pen-16: Provided that (a) in the case of an applicant who is drawing his pension from a treasury,

the reduction in the amount of pension on account of commutation shall be operative from the date of receipt of the commuted value of pension or at the end of three months after issue of authority by the Account Officer for the payment of commuted value of pension, whichever is earlier; and (b) in the case of an applicant who is drawing his pension from a branch of

a nationalized bank, the reduction in the amount of pension on account of commutation shall be operative from the date on which the commuted value of pension is credited by the bank to the applicants account to which pension is being credited. (2) The date on which the payment of the commuted value of pension was

made to the applicant or the commuted value was credited to the applicants account shall be entered in the both halves of the pension payment order by the disbursing authority under intimation, to the Accountant General, Haryana, who authorized the payment of commuted value of pension. Note 1.- The applicant who has clearly indicated his intention to commute the maximum amount of his pension or expressed the amount proposed to be commuted as a fraction or, percentage of the full and, final pension, within the maximum permissible limit and is allowed to commute such fraction or percentage of the provisional pension sanctioned to him on the earlier occasion, shall neither be required to apply afresh nor to produce a fresh certificate of medical examination for commutation of the difference between

103 the fraction or percentage of final pension and the anticipatory or provisional pension. The commutation in such cases is payable in two installments - one out of the provisional pension and the other after final assessment of pension. 11.11. If the applicant makes any statement found to be false within his knowledge or willfully suppresses any material fact in answer to any question, written or oral, put to him in connection with his medical examination, the sanctioning authority may cancel the sanction at any time before payment is actually made; and such a statement or suppression may be treated as grave misconduct for the purpose of Rule 2.2 of these rules. Section IV- Payment of Commuted Value 11.12. The Accountant General on receipt of the completed Forms Pen 24/Pen-14A or and Pen-16 and the copy of photographs attested by the Medical Authority, shall arrange forthwith for the payment of the appropriate commuted value and for the corresponding reduction of pension after making necessary check as mentioned in rule11.19. 11.13. The payment of the commuted value shall be made as expeditiously as possible, but in the case of an impaired life no payment shall be made until either a written acceptance of the commutation has been received or the period within which the application for the commutation may be withdrawn has expired. The reduction in the amount of pension on account of commutation shall become operative from the date as mentioned in rule 11.10. 11.14. The lump sum amount of commutation shall be payable in rupees in India only. 11.15. If the pensioner dies on or after the date on which commutation became absolute but before receiving the commutation value, this value shall be paid to his heirs. Section V - Commutation of Pension without Medical Examination 11.16. (1) The provisions of this section shall apply to an applicant who is

eligible to commute a fraction of his pension without medical examination. (2) (i) (ii) An applicant who is authorized a superannuation pension under rule 5.14 of these rules; or a retiring pension under rule 5.16 of these rules; or

104 (iii) a pension on absorption in or under a corporation or company or body

incorporated and who elects to receive monthly pension and death-cumretirement-gratuity; or (iv) a compensation pension on abolition of permanent post under rule 5.2

of these rules; or (v) a pension in whole or in part on the finalization of the departmental or

judicial proceedings referred to in rule 2.2 and 2.4 of these rules and issue of final orders thereon; shall subject to the limit of rule 11.1, be eligible to commute a fraction of his pension without medical examination: Provided the applicant applies for commutation of pension in Form Pen-14 in accordance with the provisions of rule 11.17. Note. - A Government employee, who is granted extension of service on attaining the age of fifty-eight years with the sanction of the appropriate authority, will also be eligible if he applies within one year of the expiry of extension period to commute a fraction of his pension without medical examination. 11.17. (1) An applicant, who is in receipt of any pension referred to in rule

11.16 and desires to commute a fraction of that pension any time after the date following the date of his retirement from service but before the expiry of one year from the date of retirement, shall(a) apply to the Head of Office in Form Pen-14 after the date of his

retirement; (b) ensure that the application in Form Pen-14 duly completed, is delivered

to the Head of Office as early as possible, even before the date of retirement while submitting pension papers, but not later than one year of the date of his retirement; Provided that the case of an applicant,(a) referred to in clause (iii) of rule 11.16, where order of retiring him from

Government service had been issued from a retrospective date, the period of one year referred to in this sub rule shall reckon from the date of issue of the retirement orders; (b) referred to in clause (v) of rule 11.16 the period of one year referred to

in this sub-rule shall reckon from the date of the issue of the orders consequent on the finalization of the departmental or judicial proceedings.

105 (2) An applicant who applies for commutation of pension within one year of

the date of his retirement but his application in Form Pen-14 is received by the Head of Office after one year of the date of his retirement, shall not be eligible to get his pension commuted without medical examination. Such an

applicant, if he desires to commute a fraction of his pension shall apply afresh in Form Pen-14A in accordance with the procedure laid down in Section-II. 11.18. (1) The Head of Office on receipt of application in Form Pen-14

under sub rule (1) of rule 11.17 shall(a) (b) initial the Form indicating the date of its receipt; acknowledge immediately the receipt of Form Pen-14 in Part-II of that

Form and dispatch the same to the applicant; (c) take immediate action to complete Part-III of Form Pen-14 and forward

the same to the Accountant General, Haryana after retaining one copy for his record. (2) In case application in Form Pen-14 is received by the Head of Office

under sub-rule (1) after one year of the date of retirement of the applicant, the Head of Office shall inform the applicant that :(a) he shall not be eligible to commute a fraction of pension without

medical examination; (b) if he desires to get a fraction of the pension commuted, he should apply

afresh in Form Pen-14A so that arrangements for medical examination are made to in accordance with the procedure laid down in Section-II. 11.19. (1) The Accountant General on receipt of Form Pen-14, from the

Head of Office shall verify that (a) the information furnished by the Head of Office in Part-III of Form Pen-

14 is correct; (b) the applicant is eligible to commute a fraction of his pension without

medical examination; (c) the commuted value of pension has been determined correctly by the

Head of Office. (2) The Accountant General after necessary verification of the information

furnished in Form Pen-14 shall (a) issue authority for the payment of commuted value of pension to the

disbursing authority concerned;

106 (b) draw the attention of the disbursing authority concerned to the proviso

to sub-rule (1) of rule 11.10 so that the disbursing authority may make entry in the Pension Payment Order regarding the date on which the amount of pension is to be reduced on account of commuted part of pension; (c) endorse to the applicant a copy of the authority referred to in clause (a)

with the instruction that he should collect the commuted value of pension from the disbursing authority. 11.20. An applicant who has commuted a fraction of his final pension

and after commutation his pension has been revised and enhanced retrospectively as a result of Governments decision, the applicant shall be paid the difference between the commuted value determined with reference to enhanced pension and the commuted value already authorized. For the

payment of difference the applicant shall not be required to apply afresh.

107

Annexure (referred to in Rule 11.5) Commutation table based on rate of interest of 8% per annum and the improvement in mortality rate as adopted by the Central Government in case of their pensioners, commutation value for a pension of Rupee One per annum. Commutation Age next value birthday expressed as Number of years purchase 20 9.188 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 9.187 9.186 9.185 9.184 9.183 9.182 9.180 9.178 9.176 9.173 9.169 9.164 9.159 9.152 9.145 9.136 9.126 9.116 9.103 9.090 Age Commutation value next birthday expressed as Number of years purchase 41 9.075 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 9.059 9.040 9.019 8.996 8.971 8.943 8.913 8.881 8.846 8.808 8.768 8.724 8.678 8.627 8.572 8.512 8.446 8.371 8.287 8.194 Commutation Age value next birthday expressed as Number of years purchase 62 8.093 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 7.982 7.862 7.731 7.591 7.431 7.262 7.083 6.897 6.703 6.502 6.296 6.085 5.872 5.657 5.443 5.229 5.018 4.812 4.611

[Basis: LIC (94-96) Ultimate Table and 8.00% interest]

108 Note: This table takes effect from 17.04.2009.

109 Chapter XII Authorities competent who Exercise the Powers of Competent Authority 12.1 The following authorities shall exercise the powers of a competent

authority under the various rules: Sr. No. No Rule of Nature of power Authority to which Extent the delegated 1 2.5 Power to grant Authority competent Up to two-third of the to order dismissal or pension that would removal of the have been admissible to the Government powers

compassionate allowance

Government employee

employee dismissed or removed if he had retired on medical

certificate 2. 3.5 note To sanction counting Departments 3 of previous service left Government due to technical of Full powers

resignation 3. 4.3 To sanction counting Departments of service rendered Government of Full powers

under Defence 4. 4.5 Power to declare that Departments the period spent under Government training counted pension shall be of Full powers except in regard to a person in training for, but not appointed to service 5. 7.12 Power to sanction the Departments acceptance commercial employment by a of Government of Full powers Government actually

towards

110 pensioner before the expiry of two years from the date of

retirement 6. 11.1 Power to sanction the 1. commutation pensions Administrative Full powers for Gazetted officers subject to the provisions of Chapter XI. 2. Heads of Full powers for Nongazetted subject employee to the

of Secretaries

Departments

provisions of Chapter XI

Note.-

The Administrative Departments and Heads of Departments may re-

delegate the powers delegated to them in the above table, on their own responsibility and subject to such restrictions as they may like to impose, to any officer under them at their headquarters office. Copies of such orders should invariably be endorsed to Finance Department and the Accountant General, Haryana.

111 Table of Forms

Number of Form Pen Series Pen -1

Rule in which referred 6.11

Description

Nomination for Death-Cum-Retirement Gratuity when family exists Nomination for Death-Cum-Retirement Gratuity when no family exists

Pen -1A

6.11

Pen -2 Pen -3 Pen -4 Pen -5

Pen -6 Pen -7 Pen -8 Pen -9

Pen -10

Pen -11

Pen -12

Pen -13 Pen -14

Pen -14 A

Pen -15

Details of Family for the purpose of Family Pension 9.5(1)(c) .. Particulars to be obtained 8 months before retirement 9.4,9.6,9.7(1) (3) Application for pension/family pension and 9.11 (1) and gratuity 9.7 Letter to Accountant General for forwarding the pension papers of a Government employee 9.20 Letter to family for DCRG where nomination exists 9.20 Letter to family for DCRG where no nomination exists 9.20 Application for grant of DCRG on the death of Government employee 9.20 Form of letter for grant of Family Pension to the eligible family member of a deceased Government employee 9.20 Form of application for the grant of Family Pension on the death of a Government employee 9.21, 9.23 and 9.24 Form for assessing and authorizing the payment of family pension and D.C.R.G. when a Government employee dies while in service 9.23(1) Form of forwarding letter to Accountant General for grant of family pension and DCRG 5.9 Certificate of service verification for pension 11.2 Form of application for commutation of a fraction of pension without medical examination 11.2 Form of application for commutation of a fraction of pension after medical examination 11.6 .. Letter to the Civil Surgeon, employee and Administrative sanction

6.20

112 Pen -16 Pen -17 Pen -18 Pen -19 Pen -20 Pen - 21 11.6 and 11.8 8.13 (2) 8.13 (2) 8.13 (2) 10.3 10.3 .. Report of the Medical Authority regarding medical examination .. Form of application for disability pension or gratuity .. Form of application for extraordinary family pension Form to be used by Medical Board when reporting on disability/death Pension Payment Order Family Pension Payment Order

113 Form Pen-1 [See Rule 6.11] Nomination for Death-Cum-Retirement Gratuity When the Government employee has a family and wishes to nominate one member or more than one member, thereof. I, ____________________________ hereby nominate the person(s) mentioned below, who is/are a member(s) of my family, and confer on him/them the right to receive any gratuity the payment of which may be sanctioned by Government in the event of my death while in service and the right to receive on my death to the extent specified below, any gratuity which having become admissible to me on retirement may remain unpaid at my death: Name and address of the nominee(s) Relation ship with the Governme nt employee Age Original nominee(s) Name, alternate nominee(s) address and relationship, age of the person(s), if any, to whom the right conferred on the nominee shall pass in the event of the nominee predeceasing the Government employee or the nominee dying after the death of the Government employee but before receiving payment of gratuity 5 Amount or share of gratuity payable to each*

This nomination supersedes the nomination made by me earlier on _______________ which stands cancelled. Note: (1) The Government employee shall draw lines across the blank space below the last entry to prevent the insertion of any name after he has signed. (2) Strike out which is not applicable. (3) Column No. 4 should be filled in so as to cover the whole amount of gratuity. (4) The amount/share of the gratuity shown in Column No. 6 should cover the whole amount/share payable to the original nominee(s).

114 Dated this __________ day of ___________20. at _________________. Witnesses to signature __________________________ __________________________ Signature of Government employee (To be filled in by the Head of office) Nomination by______________________ Designation _______________________ Office________________ Signature of Head of office (with date and stamp of Office) Proforma for acknowledging the receipt of the nomination form by the Head of Office

To _____________________________ _____________________________ _____________________________

Sir, In acknowledging the receipt of your nomination, dated the______________ cancellation, dated the _____________ of the nomination made earlier in respect of Death-Cum-Retirement-Gratuity in Form __________. I am to state that it have been duly placed on record.

Signature of Head of Office (with date and stamp of Office) Note: The Government employee is advised that it would be in his interest if copies of the nominations and the related notices and acknowledgements are kept in safe custody so that they may come into the possession of the beneficiaries in the event of his death.

115 Form Pen-1 A [See Rule 6.11] Nomination for Death-Cum-Retirement Gratuity When the Government employee has no family and wishes to nominate one person or more than one person. I, __________________________, having no family, hereby nominate the person(s) mentioned below and confer on him/them the right to receive, to the extent specified below, any gratuity, the payment of which may be sanctioned by the Government in the event of my death while in service and the right to receive on my death, to the extent specified below, any gratuity, which having become admissible to me on retirement may remain unpaid at my death: Original Nominee(s) Age Name and Relation address of ship with the the Government nominee/ nominees employee Alternate Nominee(s) Amount Name, address, or share relationship and age of the person of or persons, if any, gratuity to whom the right payable to each* conferred on the nominee predeceasing the Government employee or the nominee dying after the death of the Government employee but before receiving payment of gratuity 5 6

Amount of share of gratuity payable to each

This nomination supersedes the nomination made by me earlier on ________________ which stands cancelled. Dated this _________ day of ________________ 20 at _________________ . Witnesses to signature 1. ________________________ 2. ________________________

116 Signature of Government employee Note (1) The Government employee should draw lines across blank space below the last entry to prevent the insertion of any name after he has signed. (2) Strike out which is not applicable. (3) Column No. 4 should be filled in so as to cover the whole amount of gratuity. (4) The amount/share of the gratuity shown in column no. 6 should cover the whole amount/share payable to the original nominee(s). (To be filled in by the Head of office) Nomination by______________________ Designation _______________________ Office________________ Signature of Head of office (with date and stamp of Office)

117 Proforma for acknowledging the receipt of the nomination form by the Head of Office

To _____________________________ _____________________________ _____________________________

Sir, In acknowledging the receipt of your nomination, dated the______________ cancellation, dated the _____________ of the nomination made earlier in respect of Death-Cum-Retirement-Gratuity in Form __________. I am to state that it have been duly placed on record.

Signature of Head of Office (with date and stamp of Office) Note: The Government employee is advised that it would be in his interest if copies of the nominations and the related notices and acknowledgements are kept in safe custody so that they may come into the possession of the beneficiaries in the event of his death.

118 Form Pen-2 (See Rule 6.20) Details of Family for Family Pension Name of the Government employee Designation Date of birth Date of appointment Details of the members of my family *as on ________________ Serial No. Name of the members of family* 2 Date of birth Relationship Remarks with the Government employee 4 5

I hereby undertake to keep the above particulars up-to-date by notifying to the Head of Office any addition or alteration.

Place: __________________ Government employee Dated, the _______________

Signature of

*Family for this purpose means family as defined in Rule 6.16 (b).

Countersigned

Signature of Head of Office (with date and stamp of office)

119 Form Pen- 3 [See rule 9.5(1)(c)] Particulars to be obtained by the Head of Office from the retiring Government employee eight months before the date of his retirement. 1. 2. Name of the Government employee (a) Date of Birth (b) Date of retirement Two slips of specimen signatures to be attested by Head of Office Four copies of passport size joint photographs of the Government employee with his/her wife/husband (to be attested by Head of Office) Two slips showing the particulars of height and personal identification marks duly attested Present address
*

3. 4.

5.

6. 7. 8.

Address after retirement

Name of the Treasury or Public Sector Bank Branch through which the Government employee wants to draw his pension. 9. Details of the family in Form Pen-2

10. Indicate whether family pension is admissible from any other source Military or State Government and/or a Public Sector Undertaking/Autonomous Body/Local Fund under the Central or State Government.

Place _____________________ Government employee Dated the __________________

Signature of

Designation

Department/ Office

* Any subsequent change of address should be notified to the Head of Office/Accountant General, Haryana.

120 Form Pen- 4 [See rules 9.4, 9.6, 9.7(1) (3) and 9.11 (1)] Form for Assessing Pension /Family Pension and Gratuity (To be sent in duplicate if payment is desired in a different circle of accounting unit). PART - I 1. 2. 3. 4. 5. 6. 7. Name of the Government employee. Fathers/husbands Name Date of birth Marks of identification and height Present residential address of the Government employee Permanent/Post-retirement address of the retiree Particulars of the post held at the time of retirement: (a) Name of the office (b) Post held (c) Scale of the post Date of beginning of service as regular Date of ending of service Particulars relating to military service, if any (a) Period of military service (b)Terminal benefits drawn/being drawn for military service (c) Whether opted for counting of military service towards civil pension? (d) If answer to (c) above is in the affirmative, whether the terminal benefits have been refunded. (e) In case of Ex-servicemen who are eligible for family pension under the Armed Forces Rules, whether opted to retain family pension under the Armed Forces Rules or to draw family pension under the Civil Rules. Class of pension applicable The date on which action initiated to (a) obtain the No demand certificate from the Accounts Officer (Rent)/ Rent assessing Authority as provided in rule 9.3 (b) assess the service and emoluments qualifying for pension as provided in rule 9.5, and (c) assess the Government dues other than the dues relating to the allotment of Government accommodation as provided in rule 9.17 (1). Details of omissions, imperfections or deficiencies in the service book which have been ignored under rule 9.5(1) (b) (ii)

8. 9. 10.

11. 12.

13.

121 14. 15. Total length of service Periods of non-qualifying service (a) Interruption in service condoned under rule 3.6 (b) Extraordinary leave not qualifying for pension (c) Period of suspension not treated as qualifying for pension (d) Any other service not treated as qualifying for pension. Total period of non-qualifying service Net qualifying service (Column 13 14) Qualifying service expressed in terms of completed six monthly periods i.e. period of three months and above is treated as completed six monthly period Emoluments reckoning for gratuity

From

To

16. 17.

18.

122 19. Emoluments last drawn at the time of retirement (a) If the officer was on foreign service immediately preceding retirement, the notional emoluments which he would have drawn under Government but for being on foreign service be reflected against (a) above (b) Emoluments reckoned for pension (See rule 6.14) (c) Emoluments reckoned for death-cumretirement -gratuity (see rule 6.10(1) (d) Emoluments reckoned for family pension (see rule 6.17(3) 20. 21. Date on which Form Pen- 3 has been obtained from the Government employee Proposed pension: Last Pay Drawn x Qualifying Service in half years (Maximum 56 half years ) 2 56 Proposed death-cum-retirement gratuity: Emoluments x Qualifying Service in half years* 4 (*Maximum 66 half years for Group A, B , C and 70 half years for Group D employees). Proposed family pension: (a) Ordinary Family Pension: Pay last drawn x Prescribed %age (now 30%)subject to Minimum and maximum limit as per Rule 6.17(3). (b) Enhanced Family Pension: Family Pension at ordinary rate as at (a) above x 2 subject to maximum of pension of Government employee as per Rule 6.17(5). (i) The amount of the family pension becoming payable to the family of the Government employee, if death takes place after retirement 6.17(5). (a) before attaining the age of 65 Years. Rs. (b) after attaining the age of 65 years Rs. ____________________________________________________ Sr. Name of the member Date of birth Relationship with No. of the family Government employee ____________________________________________________ 1 2 3 4 ____________________________________________________

22.

23.

24.

123

25. 26.

27

28. 29.

____________________________________________________ Date from which pension is to commence Proposed amount of provisional pension, if departmental or judicial proceeding is instituted against the Government employee before retirement. Details of Government dues recoverable out of gratuity:(a) Licence fee for the allotment of Government accommodation (See rule 9.3 and 9.17) (b) Other dues referred to in rule 9.18 Whether nomination made for death-cumretirement gratuity Commutation of pension when applied simultaneously with the pension application (a) The portion of pension commuted: (upto 50% of pension for Judicial Officers and upto 40% of pension for others) (b) Commuted value of pension = (a) x factor from table under rule 11.5 x 12 (c) Amount of residuary pension after deducting commuted portion [Serial No.. 20 28(a)] Place of payment of pension (Treasury, Sub-Treasury or Branch of Public Sector Bank)

30.

Signature of the Head of Office (with date and stamp of office)

124 Form Pen- 5 (See rule 9.7) Form of Letter for forwarding Pension Papers of a Government Employee to Accountant General No____________________________ Government of Haryana Department/Office_______________ Dated the ______________________ To The Accountant General, Haryana Chandigarh. Subject:Pension papers of Shri/Shrimati/Kumari_______________________ for authorization of pension Sir, I am directed to forward herewith the pension papers of Shri/Shrimati/Kumari ___________________________ of this department/office for further necessary action. 2. The details of Government dues which will remain outstanding on the date of retirement of the Government employee and which need to be recovered out of the amount of death-cum-retirement gratuity are indicated below:(a) Balance of the house building or conveyance advance Rs. (b) Over payment of pay and allowances including leave salary (c) Income tax deductible at source under the Income Tax Act 1961 (43 of 1961) (d) Arrears of licence fee for occupation of Government accommodation (e) The amount of licence fee for the retention of Government accommodation for the permissible period of four months beyond the date of retirement (f) Any other assessed dues and the nature thereof (g) The amount of gratuity to be withheld for adjustment of unassessed dues, if any Rs. Rs.

Rs.

Rs. Rs.

Rs.

125 -------------------------Total -------------------------3. Your attention is invited to the list of enclosures which is forwarded herewith. 4. The receipt of this letter may be acknowledged and this department/office be informed that necessary instructions for the disbursement of pension have been issued to disbursing authority concerned. Yours faithfully,

Head of Office (with date and stamp) List of Enclosures: -

1. Form Pen-1, Pen-2, Pen-3* and Pen- 4 duly completed. 2. Medical certificate of incapacity (if the claim is for invalid pension). 3. Statement of the savings effected and the reasons why employment could not be found elsewhere (if claims is for compensation pension or gratuity) 4. Service book (date of retirement to be indicated in the service book). 5. Two slips of specimen signatures, duly attested by Head of Office 6. Four copies of passport size photograph with wife or husband (either jointly or separately) duly attested by the Head of Office. 7. Two slips showing the particulars of height and identification marks, duly attested by Head of Office. 8. A statement indicating the reasons for delay in case the pension papers are not forwarded before six months of the retirement of Government employee. 9. Written statement, if any, of the Government employee as required under rule 9.5(1)(a).iv). 10. Brief statement leading to reinstatement of the Government employee in case the Government employee has been reinstated after having been suspended, compulsorily retired, removed or dismissed from service.

126

Note: When initials or name of the Government employee are/is incorrectly given in the various records consulted, this fact should be mentioned in the letter. * If a Government employee is compulsorily retired from service and delay is anticipated in obtaining Form Pen 3 from the Government employee, the Head of office may forward the pension papers to the Accountant General, Haryana without Form Pen 3. The form may be sent as soon as it is obtained from the Government employee.

Signature of the Head of Office (with date and stamp)

127 Form Pen-6 (See rule 9.20) Form of Letter to the member(s) of the family of a deceased Government employee where valid nomination for the grant of the death-cumretirement-gratuity exists

No____________________________ Government of Haryana Department of _________________ Dated the ______________________ To ________________________ ________________________ ________________________ Subject:Payment of death-cum-retirement-gratuity in respect of the late Shri/Smt.________________________

Sir/Madam, I am directed to state that in terms of the nomination made by the late Shri/Smt.____________________________ (Designation) __________________________ in the Office/Department of __________________ a deathcum-retirement gratuity is payable to his/her nominee(s). A copy of the said nomination is enclosed herewith. 2. I am to request that a claim for the grant of the gratuity may be submitted by you in the enclosed Form Pen-8. 3. Should any contingency have happened since the date of making the nomination, so as to render the nomination invalid, in whole or in part, precise details of the contingency may kindly be stated.

Yours faithfully, Head of Office (with date and stamp of office)

128

129 Form Pen-7 (See Rule 9.20) Form of letter to the member(s) of the family of a deceased Government employee where valid nomination for the grant of death-cum-retirementgratuity does not exist.

No____________________________ Government of Haryana Department of __________________ Dated the ________________________ To ________________________ ________________________ ________________________ Subject:Payment of death-cum-retirement-gratuity in respect of the late Shri/Smt.________________________

Sir/Madam, I am directed to say that in terms of Rule 6.10 of Haryana Civil Services Rules, Part III- Pension Rules, a death cum-retirement-gratuity is payable to the following members of the family of late Shri/ Smt_____________________ (Designation), _______________ in the office/Department of _______________ in equal share:(i) Wife /Husband judicially separated ) including wife/husband (ii) adopted (iii) Unmarried daughters ) children. Sons ) including

2. In the event of there being no surviving member of the family as indicated above, the gratuity will be payable to the following members of the family in equal share:Widowed daughters (including adopted daughters) Father Mother ) ) including adopted parents in case of individuals whose personal law permits adoption.

130

Brother below the age of eighteen years and unmarried and widowed sisters. Married daughters, and Children of a pre-deceased son. It is requested that a claim for the payment of gratuity may be submitted in the enclosed Form Pen-8 as soon as possible.

Yours faithfully, Head of office. (with date and stamp)

131 Form Pen-8 (See rule 9.20) Form of Application for grant of Death-Cum-Retirement-Gratuity on the death of a Government Employee (To be filled in separately by each claimant and in case the claimant is minor, the Form should be filled in by the guardian on his/her behalf. Where there are more than one minor, the guardian should claim gratuity in one form on their behalf). 1. (i) Name of the claimant in case he is not minor (ii) Date of birth of the claimant (i) Name of the guardian in case the claimants are minors (ii) Date of birth of the guardian (i) Name of the deceased Government employee in respect of Whom gratuity is being claimed (ii) Date of death of Government employee (iii) Office/Department in which the deceased served last Relationship of the claimant/guardian with the deceased Government employee. Full postal address of the claimant/guardian (i) Where gratuity is claimed by the guardian on behalf of minors, the names of the minors, their ages, relationship with the deceased Government employee, etc.Name Age Relationship with the deceased Government employee Postal address

2.

3.

4.

5. 6.

Serial NO. 1 2 3 4 7.

(ii) Relationship of the guardian with minors. Place of payment of pension and gratuity ( Treasury /Sub-Treasury, Public Sector Bank Branch) Signature /Thumb impression

of the claimant/guardian 8. Two slips of specimen signatures of claimant/guardian duly attested

*

9.

Attested by: -

132

(i)

Name ____________

Full address ____________

Signature ___________

____________ (ii) ____________ ____________ Name (i) ____________ 10. Witnesses :

Full address ____________

Signature

____________ (ii) ____________ ____________

___________

*Attestation should be done by two Gazetted Officers or two or more persons of respectability in the town, village or Pargana in which the applicant resides.

133 Form Pen-9 (See Rule 9.20) Form of Letter to the widow/ widower or other eligible family member of a deceased Government Employee for a grant of Family Pension No. __________________ Government of Haryana, Department of ________ Dated, the ____________ To _____________________ _____________________ _____________________. Subject: Payment of Family Pension in respect of late Shri/ Smt. __________ Sir/ Madam, I am directed to state that in terms of rule 6.16 (2) of the Haryana Civil Services Rules, Part III Pension Rules, , a family pension is payable to you as widow/widower/family member of the late Shri/Smt. ___________________ (designation _______________ in the office/ department of ___________________________________). 2. You are advised that a claim for the grant of family pension may be submitted in the enclosed Form Pen-10. 3. The family pension will be payable to the widow/widower till death or remarriage, whichever event occurs earlier and in the event of death or remarriage, the family pension shall be granted to the child or children, if eligible as per conditions stipulated in rule 6.18 of Haryana Civil Services Rules, Part III Pension Rules. Yours faithfully,

Head of Office (with stamp and date)

134 Form Pen- 10 (See Rule 9.20) Form of Application for the grant of Family Pension on the death of a Government Employee 1. Name of the applicant Widow/ Widower /Guardian, if the deceased person (s) is survived by child or children Name and age of surviving widow/ widower and children of the deceased Government employee/ pensioner. Serial No. 1. 2. 3. 4. 5. 6. 3. 4. Date of death of the Government employee. Office/ Department in which the deceased Government employee served last. If the applicant is guardian, his date of birth and relationship with the deceased Government employee. If the applicant is a widow/ widower the amount of service pension which she/ he may be in receipt on the date of death of the husband/ wife Full address of the applicant Place of payment of pension and gratuity (Treasury or Sub-Treasury or Public Sector Bank Branch). Name Date of birth Relationship with the deceased person

2.

5.

6.

7. 8.

9. (i) (ii)

Enclosures ; Two slips of specimen signatures of the applicant, duly attested. Two copies of passport size photograph of the applicant to be attested by the Head of Office. (iii) Birth Certificate or any other documentary evidence for age of child/children. (iv) Death Certificate of the deceased Government employee.

135 Signature of the applicant. 10. Attested by: Name (i) _______________ _______________ (ii) _______________ _______________ Witnesses : Name (i) _______________ _______________ (ii) _______________ _______________ Full Address ___________________ ___________________ Signatures

Full Address ___________________ ___________________

Signatures

Note: Attestation should be done by two gazetted Government employees or two persons of respectability in the town, village in which the applicant resides.

136 Form Pen -11 (See rules 9.21, 9.23 and 9.24) Form for assessing and authorizing the payment of Family Pension and Death-Cum-Retirement Gratuity when a Government Employee dies while in service (To be sent in duplicate if payment is desired in a different circle of accounting unit). 1. 2. 3. 4. 5. Name of the deceased Government employee Fathers/Husbands name Date of birth Date of death Office/Department in which last employed.

6. Particulars of the post held at the time of death: (a) Name of the office (b) Post held (c) Scale of the post 7. 8. 9. Date of beginning of service as regular Date of ending of service on death (i) Total period of military service for which pension/gratuity was sanctioned; and (ii) Amount and nature of any pension/gratuity received for military service 10. The date on which intimation regarding the death of a Government employee was received by the Head of Office The date on which action initiated to: (i) obtain claim or claims from the claimants in the appropriate form death-cum-retirement gratuity and family pension as provided in rule 9.20; (ii)obtain the No demand certificate from the Accounts Officer (Rent)/Rent Assessing Authority as provided in rule 9.25 (1);

11.

137 (iii) assess the Government dues other than the dues pertaining to occupation of Government accommodation as provided in rule 9.23; (iv) assess the service and emoluments qualifying for death-cum-retirement gratuity and family pension as provided in rules 9.21 and 9.22. 12. 13. Whether nomination made for death-cum-retirement gratuity? Length of service qualifying for death-cum-retirementgratuity/family pension

14.

Periods of non-qualifying service

From

To

(a) Interruption in service condoned under rule 3.6 (b) Extraordinary leave not qualifying for pension (c) Period of suspension not treated as qualifying for pension (d) Any other service not treated as qualifying for pension. Total period of non-qualifying service: 15. (a) Emoluments reckoning for death-cum-retirement-gratuity, [See rule 6.10 (2)] (b) Amount of death-cum-retirement gratuity. Family Pension: (i) Proposed family pension at: (a) enhanced rates [if service rendered at the time of death is more than seven years as in rule 6.16(4) or 6.16(5) to these rules] (b) Ordinary rates [as in rule 6.16(3) to these rules]. (ii) Period of tenability of Family Pension. From To Enhanced rates Ordinary rates. 17. Person to whom family pension is payable(i) Name: (ii) Relationship with the deceased Government employee

16.

138

(iii) Full postal address ______________________________ 18. Details of Government dues recoverable out of gratuity: Licence fee for occupation of Government accommodation (See rule 9.25). Amount of death-cum-retirement gratuity to be held over pending receipt of information from the Accounts Officer (Rent) /Rent Assessing Authority. [See rule 9.25 (1) (v)] Dues referred to in rule 9.25 (2). 19. 20. Date on which claim received from the claimants. Name and address of guardian who will receive payment of death-cum-retirement gratuity and family pension in the case of minors. Place of payment (Treasury, Sub-Treasury or branch of Public Sector Bank).

21.

Signature of Head of Office (with date and stamp) Form Pen -12 (See rule 9.23 (1)] Form of Letter for forwarding papers to the Accountant General for the grant of Family Pension and Death-Cum-Retirement-Gratuity to the family of a Government Employee, who dies while in service

No____________________________ Government of Haryana Department /Office_______________ Dated, the ______________________ To Accountant General, Haryana, Chandigarh.

139

Subject:Sir,

Grant of family pension and death-cum-retirement gratuity

I am directed to say that Shri/Smt. _______________ designation ______________ died on _______________________. His family has become eligible for the grant of family pension and death-cumretirement gratuity. Form Pen. 11 duly completed is forwarded herewith for the further necessary action. 2. Government dues in respect of the deceased Government employee will be recovered out of the death cum retirement gratuity as indicated in Form Pen-11. 3. Your attention is invited to the list of enclosures which is forwarded herewith. 4. The receipt of this letter may be acknowledged and this Department/Office informed that necessary instructions for the disbursement of family pension and death-cum-retirement gratuity have been issued to the disbursing authority concerned.

Yours faithfully

Head of Office (with date and stamp) List of enclosures: 1. 2. 3. Form Pen-10 alongwith documents mentioned therein. Form Pen-11 duly completed. Service Book (date of death to be indicated in the service book)

140 Form Pen 13 (See rule 5.9) Form of Certificate for Verification of Service for Pension No.__________________________________ Government of Haryana, Department of _________________________ ______________________ CERTIFICATE It is certified that Shri/Smt. ______________________ Designation_________________ has completed a qualifying service of _________ years __________months and_______ days as on ______________(date), as per details given below. The service has been verified on the basis of his service documents and in accordance with the rules regarding qualifying service in force at present. The verification done under sub-rule (1) of rule 5.9 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. Details of Qualifying Service From 1. 2. 3. To

Dated

Signature of Head of Office (with stamp and date) To Shri/Smt. _______________________ ________________________________ (Name and designation)

141 Form Pen - 14 (See rule 11.2) Form of application for commutation of a fraction of pension without medical examination. (To be submitted in duplicate after retirement but within one year of the date of retirement) Part I To The ____________________ designation and ________________________ of office) ________________________ Subject: ) ) ) (Here indicate the full address of the Head

Commutation of pension without medical examination

I desire to commute a fraction of my pension as indicated below in accordance with the provisions of rule 11.1 of these rules. The necessary particulars are furnished below: 1. 2. 3. 4. 5. 6. 7. 8. Name (in Block letters) Fathers/Husbands name Designation at the time of retirement. Name of Office/Department Date of Birth Date of retirement Class of pension on which retired Amount of pension authorized (in case final amount of pension has not been authorized, indicate the amount of provisional pension) *Fraction of pension proposed to be commuted Pension Payment Order Number, if issued Disbursing authority for payment of pension ** (a) Treasury/Sub-Treasury (name and complete address of the Treasury/ Sub-Treasury to be indicated).

9. 10. 11.

142 (b) (i) Branch of the Nationalized Bank with complete postal address. (ii) Bank Account No. to which monthly pension is being credited each month.

Place: ________________________ Date: _________________________ _______________________________

Signature Address

* The applicant should indicate the fraction of the amount of monthly pension (subject to the maximum of forty percent thereof) which he desires to commute and not the amount in rupees. ** Score out which is not applicable. Part II Acknowledgement Received from Shri/Smt. __________________________ (Name and former designation) application in Part I of Form Pen-14 for the commutation of a fraction of pension without medical examination. Place: Signature_________________ Date Head of office (with stamp)

Note: If the application has been received by the Head of Office before the date of retirement on superannuation, this acknowledgement should be detached from the Form and handed over to the applicant. If the form has been received by post, it has to be acknowledged on the same day and the acknowledgement sent under registered cover to the applicant. In case it is received after the specified date, it should be accepted only if it has been put into the post on or before that date subject to the production of evidence to that effect by the applicant. Part III No. ____________________________ Dated____________________ Forwarded to the Accountant General, Haryana with the remarks that: (i) the particulars furnished by the applicant in Part I have been verified and are correct;

143 (ii) the applicant is eligible to get a fraction of his pension commuted without medical examination; (iii) the commuted value of pension determined with reference to the Table applicable at present comes to Rs. ___________________; and

(iv) the amount of residuary pension after commutation will be Rs._______________. 2. It is requested that further action to authorize the payment of the amount of commuted value of pension may be taken in accordance with rule 11.19 of these rules. 3. The receipt of Part I of the form has been acknowledged in Part II which has been forwarded separately to the applicant on ______________________________.

Place: _____________________ Dated:

Signature Head of Office (with stamp)

144 Form Pen-14 A (Referred to in rules 11.2) Form of Application for Commutation of Pension after Medical Examination by an Applicant (To be submitted in triplicate)

Part I To

The ______________________ __________________________ address __________________________ Subject:Sir,

) ) )

(Here indicate the designation and full of the Head of office)

Commutation of pension after medical examination.

I desire to commute a fraction of my pension in accordance with the provisions of rule 11.1 of these rules. Two copies of my photograph are enclosed herewith the necessary particulars are furnished below: 1. 2. 3. 4. 5. 6. 7. 8. *9. 10. 11. Name (in block letters) Fathers/Husbands name Designation Name of Office/Department in which employed Date of Birth Date of retirement Class of pension on which retired Amount of pension authorized. Fraction of pension proposed to be commuted. Pension Payment Order Number, if issued Disbursing authority for payment of pension. (a) Treasury/ Sub-Treasury (Name and

145 Complete address of the Treasury/Sub-Treasury to be indicated) (b) (i) Branch of the Nationalized Bank with complete address. (ii) Bank Account No. to which monthly pension is being credited each month. 12. Approximate date from which commutation is desired to have effect.

146 13. Preference for station where medical examination is desired to take place.

Place: Signature __________________________ Date: Address____________________________ ____________________________ * The applicant should indicate the fraction of the amount monthly pension (subject to a maximum of forty percent thereof) which he desires to commute and not the amount in rupees. Note: The payment of commuted value of pension shall be made through the disbursing authority from which pension is being drawn. It is not open to an applicant to draw the commuted value of pension from any other authority other than the authority from which pension is being drawn. Part II Acknowledgement Received from Shri/Smt. __________________________________________ (Name and designation ) application in Part I of Form Pen-14 A for commutation of a fraction of pension after medical examination.

Signature Head of Office (with date and stamp) Part III No. ____________________________ Dated____________________ Forwarded to the Accountant General, Haryana with the remarks that: (i) the particulars furnished by the applicant in Part I have been verified and are correct;

(ii) the applicant is eligible to get a fraction of his pension commuted with medical

147 examination and Form Pen-16 containing the medical examination report in Part-III is enclosed; (iii) the commuted value of pension determined with reference to assumed age as per medical report and the Table applicable at present comes to Rs.______________; and

(iv) the amount of residuary pension after commutation will be Rs.________________. 2. It is requested that further action to authorize the payment of the amount of commuted value of pension may be taken in accordance with rule 11.12 of these rules.

Signature Head of Office (with date and stamp)

148

Form Pen-15 (See rule 11.6) Form of Letter to the Civil Surgeon.

No._______________________________ Government of Haryana Department of ______________________ Dated _____________________________ To ___________________________ ___________________________ ___________________________. Subject: Sir, Shri/Smt. _____________________ who retired from service on______________________ as _____________________(designation) has applied for commuting a fraction of his pension for a lumpsum payment. The following documents are forwarded herewith: (a) Application in Form Pen.- 14 A in original together with an unattested copy of the applicants photograph. (b) (c) A copy of Form Pen-16 in duplicate. Report of the statement of the applicants case if he has been granted invalid pension, or has previously commuted a fraction of his pension or declined to accept commutation on the basis of addition of years to his actual age or has been refused commutation on medical grounds. Medical Examination for Commutation of Pension.

2. In terms of rule 11.7 of these rules Shri ______________________ should be examined by a Medical Board/ Medical Officer not lower than the rank of Civil Surgeon or a Principal Medical Officer. It is requested that arrangement may be made to get Shri ___________________ examined as expeditiously as possible before his next birthday which falls on ________________.

149 3. It is requested that arrangements for medical examination by the medical authority indicated in para-2 above may be made at the nearest available station mentioned by Shri _______________ in his application in Form Pen-14 A.

4. It is requested that Shri __________________________ may be informed direct under intimation to this office as to where and when he should appear before the appropriate authority for medical examination. A copy of this letter is being endorsed to him so that he may comply with your instructions on hearing from you. 5. The receipt of this letter may please be acknowledged. Yours faithfully, Head of office (with date and stamp) Copy forwarded to Shri ____________________ (here give complete address) with the remarks that he will be eligible for the lumpsum payment in lieu of the amount of pension to be commuted on the basis of assumed age reported by the medical authority.

Shri ______________________ should report for medical examination to the medical authority direct on hearing from Civil Surgeon ____________. He should take with him the enclosed Form Pen-16 with the particulars required in Part I completed except the signature.

Signature Head of Office (with date and stamp)

150 Form Pen-16 (See rules 11.6 and 11.8) Medical Examination by the ______________________________________ (here enter the medical authority) Part I The applicant must complete this statement prior to his examination by the____________ (here enter the medical authority) and must sign the declaration appended thereto in the presence of that authority:1. 2. 3. 4. Name of the applicant (in block letters) Date of birth Place of birth Particulars regarding parents, brothers and sisters: Fathers age at death and cause of death Number of brothers living, their ages and state of health. Number of brothers dead, their ages at death and cause of death

Fathers age if living and state of health

Mothers age, if living and state of health

Mothers age Number of at death and sisters cause of living, their death ages and state of health.

Number of sisters dead, their ages at death and cause of death

5.

Have you ever been examined(a) for life Insurance, or /and (b) by any Government Medical Officer or Medical Board.

6.

Have you been granted or considered for grant of invalid pension? If so, state the ground thereof. Have you ever been granted leave on medical certificate during the last five years? If so, state periods of leave and nature of illness. Have you ever :-

7.

8.

151 (a) Had enlargement or suppuration of glands small pox, intermittent or any other fever, spitting of blood, asthma, inflammation of lungs, pleurisy, heart disease, fainting attacks rheumatism, appendicitis, epilepsy, insanity or other nervous disease, discharge from or other disease of the ear, syphilis, or gonorrhoea; or (b) had any other disease or injury which required confinement to bed, or ? (c)undergone any surgical operation ? or (d) suffered from any illness, wound or injury sustained while on active service? Or (e) presence of albumin or sugar in urine. 9. Present state of Health. (a) have you a hernia ? (b) have you varicocele, varicose veins or piles ? (c) Is your vision in each eye good (with or without glasses)? (d) Is your hearing in each ear good? (e) Have you any congenial or acquired malformation, defect or deformity? (f) Have you lost or gained weight markedly during the last three years? (g) Have you been under treatment of any doctor within the last three months and nature of illness for which such treatment was taken? Declaration by Applicant (To be signed in the presence of medical authority ) I declare all the above answers to be, best of my belief, true and correct I am fully aware that by wilfully making a false statement or concealing a relevant fact. I shall incur the risk of loosing the commutation I have applied for and of having my pension withheld or withdrawn under rule 2.2 & 2.4 of the Haryana Civil Services Rules , Part III Pension Rules.

Applicants Signature Signed in presence of ____________________________________________________________

Signature of Medical Authority (with date and stamp)

PART- II (To be filled in by the examining medical authority ) 1. Apparent age 2. Height. 3. Weight. 4. Describe any scars or identifying marks of the applicant

152 5. Pulse rate (a) Sitting (b) Standing (c) Character of pulse 6. Blood pressure (a) Systolic (b) Diastolic 7. Is there any evidence of disease of the main organs (a) Heart (b) Lungs (c) Liver (d) Spleen (e) Kidney 8. Investigations (a) Urine (State Specific gravity) (b) Blood (c) X-Ray Chest (d) E.C.G. 9. Has the applicant a hernia ? (if so, state the kind and if reducible) 10. Any additional finding.

Part III (To be filled in by the examining medical authority) I/We have carefully examined Shri/Smt./Kumari ______________ and am/are of opinion thatHe/She is in good bodily health and has the prospect of an average duration of life. Or He/She is not in good bodily health and is not a fit subject for commutation. Or Although he/she is suffering from _______________________, he/she is considered a fit subject for commutation but his/her age for purpose of commutation, i.e. , the age next birthday should be taken to be _____________ (in words) years more than his/her actual age.

Date: _____________ Authority

Signature and designation of examining Medical

153 Form Pen - 17 [Referred to in Rule 8.13 (2)] Form of Application for Disability Pension or Gratuity 1. Name of applicant and full office address Fathers name Residential address (showing village, tehsil and district) Present or last employment, including full particulars and address of the establishment. Date of entry into service Full particulars of service and length of service Percentage of Disability sustained due to injury/disease (as certified by the Medical Authorities) and circumstances which resulted in that disability. Pay at the time of injury sustained, disease contracted Proposed pension or gratuity Date of injury/disease as certified by the medical authorities) Place of payment Other relevant information, if any Date of birth Height and two identification marks

2. 3.

4.

5. 6.

7.

8.

9. 10.

11. 12. 13. 14.

Place:____________________ Signature (Applicant) Date: ____________________

Date on which the application received ________________

154

Signature of Head of office (with date and stamp)

155 Form Pen - 18 [Referred to in Rule 8.13 (2)] Form of Application for Extraordinary Family Pension

Application for an extraordinary pension for the family of the late Shri/Smt.____________ killed, or died of disease or disabled claimed as being attributable to Government service.

I. Information regarding the claimant 1. Name and address (showing village, tehsil and district) 2. Age and Date of birth _________________ 3. Height __________________________________ 4. Marks for identification _____________________ 5. Present occupation and pecuniary circumstances _______________ 6. Degree and nature of relationship with the deceased _____________ II. Information regarding the deceased 7. Name, fathers name residence ___________________________ 8. Particulars of post and service with full name and address of the Establishment 9. Full particulars of service, length of service, etc. 10.Pay at the time of death 11 Date of birth 12.Age at the time of death 13.Nature of Injury/Disease causing death Injuries/Diseases (as per the Certificate of the Medical Authorities) and the circumstances in which the same resulted) III. Other Information 14. Amount of Pension, etc., claimed 15. Place of payment 16. Date from which benefit(s) claimed 17. Other relevant information, if any IV. Names and ages of surviving kindred of the deceased Sons __________________________________ Widows_________________________________ Daughters________________________________ Father___________________________________ Mother_________________________________ Place: ____________ Signature of claimant Date _____________

156

Date on which the application received ________________

Signature of Head of office (with date and stamp)

157 Form Pen - 19 [Referred to in Rule 8.13 (2)] Form to be used by Medical Board when reporting on disability/death Proceedings of Medical Board

Proceedings of a Medical Board assembled by order of ________ for the purpose of examining and reporting on (i) the present state of the injury/disease sustained/contracted by, or death of Shri/Smt. ___________________ on the _____________(Please give date, month and year)

(ii)

(a) State briefly the circumstances under which the injury/disease was sustained/ contracted or death occurred and date thereof: (b) What is the Government employees (i) present condition, or (ii) death wholly due to injury/disease and reasons as claimed? If so, please explain fully how. If not, please state to what other causes the same is attributable. (c) From which date it appears that the Government employee has been/was incapacitated on that account: (d) Which is the date of injury/disease/death: The opinion of the Board upon the questions below is as follows: -

Part A First Examination 1. The percentage of disability due to injury/disease is .% (Please give herein below full details/justification about the nature of the injury/disease and for percentage of disability certified, supported by full/ all medical and hospital documents with reference to Schedule I and 1-A to the rules). 2. For what period from the date of injury/disease

158

(a) has the Government employee been unfit for duty? (b) is the Government employee likely to remain unfit for duty? 3. Other relevant information, if any.

_________________ _________________

_________________

Place: Presiding Officer of the Member of the Medical the Medical Date: Medical Board Board Board Part B Second or Subsequent Examinations

Member of

1. If the original degree of disability of the Government employee has changed, what is the percentage of disability now? (Please give here details of justification in support of your view along with all further Medical and Hospital documents in full.) 2. For what period from the date of injury/disease (a) has the Government employee been unfit for duty? (b) is the Government employee likely to remain unfit for duty?

_____________
Place: Date: Presiding Officer of the Medical Board

________________
Member of the Medical Board

____________
Member of the Medical Board

Instructions to be observed by the Medical Board while preparing the Report 1. The Medical Board before recording their opinion should invariably consult the proceedings of previous Medical Boards, if any, as also all previous medical documents connected with the Government employee brought before them for examination or who has died. 2. If the injuries/diseases be more than one, they should be numbered separately; giving percentage of disability for each, with full details.

3. In answering the questions in the prescribed form the Medical Board will confine itself exclusively to the medical aspect of the case, and will

159 carefully discriminate between the Government employees/claimants unsupported statements and the documentary evidence available. 4. The Medical Board will not express any opinion, either to the Government employee examined, or in their report, as to whether he is entitled to compensation, or as to the amount of it, nor will it inform the Government employee or any other person connected with the Government employee of anything about the nature of the medical report given by it. 5. The Medical Board shall give their report in the light of the provisions of Schedule 1 and 1-A thereto. 6. The Report of the Medical Board, on each occasion, shall be supported by all the necessary and full Medical and Hospital documents which shall be maintained and preserved for reference, from time to time, as may be necessary, until the same would no longer be required for reference.

160 Form Pen - 20 (See Rule 10.3) Office of the Accountant General (A&E), Haryana Pension Payment Order Part-I Rules Applicable - Haryana Civil Services Rules, Part III Pension Rules. PPO No. Case No. Debitable to Government - HARYANA Head of Account - 2071-Pension and other retirement Benefits (detail overleaf) Detail of pension/family pension Pension Family Pension (enhanced)

Family Pension (normal)

1. Until further notice, on the expiry of every month, please pay to Sh./Smt. _________________________________________ S/W/H/D/O __________________________ the Pension/Family Pension as set out in part-II of this order plus the amount of dearness relief as admissible from time to time thereon after due identification of the pensioner. 2. The payment of pension should commence from ____________________. 3. In the event of the death of Sh./Smt. __________________________ family pension of Rs.________PM may be paid to Smt./Sh. ______________________ from the day following the date of death of the retiree till the expiry of 7 years from the date of retirement or on completion of 65 years age had the retiree survived, whichever is earlier and thereafter @ Rs. ___________ P.M. subject to conditions overleaf.

Signature and Designation

Seal of the Pension Payment Issuing Authority. To The Treasury Officer, _________________.

161 IMPORTANT INSTRUCTIONS 1. Family Pension to be paid: In case of Widow/Widower: From the date following the date of death of the deceased Government employee till remarriage or death of the recipient, whichever is earlier. In case of son: From the date following the date of death of the deceased Government employee till the age of 25 years or marriage or starts earning livelihood, whichever is earlier. In case of unmarried daughter/widowed or divorced daughter: From the date following the date of death of the deceased Government employee till the age of 25 years or marriage or starts earning livelihood, whichever is earlier. In case of Parents: From the date following the date of death of the deceased Government employee till remarriage or death of the recipient, whichever is earlier. In case of disabled child: From the date following the date of death of the deceased Government employee till death of the recipient. 2. No pension shall be liable to seizure, attachment or sequestration by process of any Court in India in the instance of Creditor for any demand against the pensioner (Section II, Act XIII of 1871). 3. Payment under this order is to be made only to the pensioner in person, with the following exception: To persons specially exempted by Government. To female unaccustomed to appear in public and to persons unable to appear on account of illness or bodily infirmity. To any person sending a Life Certificate signed by some persons exercising the powers of a Magistrate under the Criminal procedure Code, or by any Registrar or Sub-registrar appointed under the Indian Registration Act, 1908 or by a Gazetted Officer of Government. In all cases referred to in clause (a), (b) and (c) the Disbursing Officer must atleast once a year require proof independent of that furnished by the Life Certificate of the continued existence of the pensioner. The pension shall not be paid on account of a period more than a year after the date of Life Certificate last received and the Disbursing Officer must be on the watch for authentic information of the decease of any such pensioner and on receipt thereof, shall promptly stop further payment. 4. In case of Military Pension: Only one Family Pension is admissible either from Civil or Defence. 5. If the pensioner desires to draw his/her pension from a Public Sector Bank, both halves of PPO may please be forwarded to link branch of the Public Sector Bank. 6. Classification: (a) Pension is debitable to the head

2071 Pension & ORBs 01 - Civil 01- Superannuation and Retirement Allowance 2071 Pension & ORBs

(b) Family Pension is debitable to the head

162 01 - Civil 105-

Family Pension

163 Part-II 1. PPO No. 2. Name of the Government employee 3. Post held on retirement 4. Scale of Post 5. Office from where retired: 6. Residential Address: 7. Date of birth of Government employee Date of Appointment in service Date of Retirement Date of Death

8. Class of Pension

Qualifying Service

Non Qualifying Service

9. Last Pay drawn

Emoluments for Family Pension

Emoluments for DCRG

Pay Band+GP applicable at retirement. Net Pension

10. Amount of Pension

Pension withheld

Commuted Pension

11. Provisional Pension paid @ Rs. to be adjusted.

_______ p.m. from

_______ which is

12. Death-cum-Retirement Gratuity (Amount to be authorized separately) 13. Amount of family pension(a) enhanced rate Rs. ----(b) normal rate Rs. -----from ---------------- to -----------from -------------to ------------

14. Details of Family members eligible for family pension Sr. No. Name Relationship with Government employee Date of Birth/Age Whether disabled

164 1. 2. 3. 4.

165 Important Instructions Dearness relief is payable with reference to the amount of pension before commutation. Relief on pension / family pension is payable as admissible from time to time. In the event of death of a pensioner within a period of five years from the date of retirement, the Disbursing Officer should send Intimation about the death of the pensioner to the Head of the Office/Department with statement of pension etc. so far paid, in order to enable him to take further action regarding grant of residuary gratuity. Part-III (For the Treasury Officer/Disbursing Authority) 1. Personal mark of identification 2. Signature/Thumb impression of pensioner/Family pensioner (to be obtained at the time of first payment) 3. Commuted value and date of its payment 4. Date of commencement of reduced pension 5. Date (in words) from which the commuted portion shall stand restored (subject to pensioner being alive on that date -6. Whether the pensioner/family pensioner is in receipt of any other pension, if so, its particulars and source from where being drawn ------------------------------------------------

-------------------------------------------------

-------------------------------------------------

-------------------------------------------------

-------------------------------------------------

7. The specimen signatures taken in Column 2 should be tallied with the specimen signatures received from Accountant General, Haryana. . 8. The Pensioners portion of the pension order may be made over to the pensioner after obtaining his/her signature on the disbursers portion on personal satisfaction of pensioners identity. 9. If the pensioner desires to draw his/her pension from a public Sector Bank, both halves of PPO may please be forwarded to link branch of the Public Sector Bank. Special Remarks of Accounts Officer 1. 2.

166 3.

Special Remarks of Accounts Officer 1. 2. 3.

167 Part IV (Last sanction revision of Pension/Family Pension/Dearness Relief) Amount of Pension at the time of Retirement Rs. _________ Amount of Dearness Relief at the time of Retirement ____________________ Lette r No. and date Date of effec t Amoun t of Revise d Pensio n Reason for Revisio n Amount of Revised Dearnes s Relief Total Monthly Pension plus Dearnes s Relief Payable Rs. Remark s Initials of designate d officer

Rs. Rs.

168 Part V Record of transfer of PPO from one Pension Disbursing Authority (in short PDA) to another, if any: S.No. Full particulars of PDA at which pension is drawn before transfer Date upto which pension has been paid Full particulars of PDA to which PPO is transferred Date and Signature of authorized officer of transferring PDA

169 Part VI Periodical identification of pensioner (To be done annually). Date Initials of designated officer Date Initials of designated officer Date Initials of designated officer

170 Part VII (Record of Disbursement) Month for which pension is due March April May June July August September October November December January February Amount Pension Date of payment Disbursing Remarks Officers initials

Dearness Total Relief Rs. Rs.

Rs.

Note: Dearness relief is payable with reference to the amount of pension before commutation.

171 Form Pen - 21 (See Rule 10.3) Office of the Accountant General (A&E), Haryana Family Pension Payment Order Part-I Rules Applicable - Haryana Civil Services Rules, Part III Pension Rules. FPPO No. Case No. Debitable to Government - HARYANA Head of Account - 2071-Pension ORBs - 01 Civil - 105 Family Pension Detail of family pension Family Pension (enhanced)

Family Pension (normal)

Until further notice, on the expiry of every month, please pay to Sh./Smt. _________________________________________ S/W/H/D of Late __________________________ as set out in part-II of this order, plus the amount of dearness relief as admissible from time to time thereon after due identification of the family pensioner. The payment of family pension should commence from ______________. The enhanced family pension @ Rs.________ PM may be paid upto ______________ and thereafter normal family pension @ Rs. ___________ P.M. subject to detailed conditions given overleaf.

Signature and Designation

Seal of the Pension Payment Issuing Authority. To The Treasury Officer, _________________.

172 Important Instructions 1. Family Pension to be paid: (i) In case of Widow/Widower: Family Pension is payable till death or remarriage, whichever is earlier. (ii) In case of son: Family Pension is payable till the age of 25 years or marriage or starts earning livelihood, whichever is earlier. (iii) In case of unmarried daughter/widowed or divorced daughter: Family Pension is payable till the age of 25 years or marriage/remarriage or starts earning livelihood, whichever is earlier. (iv) In case of Parents: Family Pension is payable till remarriage or death, whichever is earlier. (v) In case of disabled child: Family Pension is payable till death. 2. No pension shall be liable to seizure, attachment or sequestration by process of any Court in India in the instance of Creditor for any demand against the pensioner (Section II, Act XIII of 1871). 3. Payment under this order is to be made only to the pensioner in person, with the following exception: To persons specially exempted by Government. To female unaccustomed to appear in public and to persons unable to appear on account of illness or bodily infirmity. To any person sending a Life Certificate signed by some persons exercising the powers of a Magistrate under the Criminal procedure Code, or by any Registrar or Sub-registrar appointed under the Indian Registration Act, 1908 or by a Gazetted Officer of Government. In all cases referred to in clause (a), (b) and (c) the Disbursing Officer must atleast once a year require proof independent of that furnished by the Life Certificate of the continued existence of the pensioner. The pension shall not be paid on account of a period more than a year after the date of Life Certificate last received and the Disbursing Officer must be on the watch for authentic information of the decease of any such pensioner and on receipt thereof, shall promptly stop further payment. 4. If the pensioner desires to draw his/her pension from a Public Sector Bank, both halves of PPO may please be forwarded to link branch of the Public Sector Bank.

173 Part-II 1. PPO No. 2. Name of the Government employee 3. Post held on retirement 4. Scale of Post 5. Office from where retired: 6. Residential Address: 7. Date of birth of Government employee Date of Appointment in service Date of Death

8. Qualifying Service

Non Qualifying Service

9. Emoluments for Family Pension

Emoluments for DCRG

Last Pay drawn

10. Amount of Family Pension at enhanced rates

Amount of family Pension at normal rates

11. Death-cum-Retirement Gratuity (Amount to be authorized separately) 12. Amount and period of enhanced/normal family pension(a) enhanced rate Rs. ----(b) normal rate Rs. -----from ---------------- to -----------from -------------to ------------

13. Details of Family members eligible for family pension Sr. No. Name Relationship with Government employee Date of Birth/Age Whether disabled

1. 2. 3.

174 4.

175 Important Instructions Dearness Relief on family pension is payable as admissible from time to time. Family Pension shall cease when no member as mentioned against Serial No. 13 of Part-II is eligible.

176 Part-III (For the Treasury Officer/Disbursing Authority) 1. Personal mark of identification 2. Signature/Thumb impression of Family pensioner (to be obtained at the time of first payment) -----------------------------------------------

-------------------------------------------------

3. Whether the family pensioner is in receipt of any other pension, if so, its particulars and source from where being drawn --

-------------------------------------------------

4. The specimen signatures taken in Column 2 should be tallied with the specimen signatures received from Accountant General, Haryana. . 5. The Pensioners portion of the pension order may be made over to the pensioner after obtaining his/her signature on the disbursers portion on personal satisfaction of pensioners identity. 6. If the pensioner desires to draw his/her pension from a Public Sector Bank, both halves of PPO Special Remarks of Accounts Officer 1. 2. 3.

Special Remarks of Accounts Officer 1. 2. 3.

177 Part IV (Last sanction revision of Family Pension/Dearness Relief) Amount of Family Pension at the time of sanction Rs. ____________________ Amount of Dearness Relief at the time of sanction Rs. ___________________ Lette r No. and date Date of effec t *Amoun t of Revise d Family Pensio n Reason for Revisio n Amount of Revised Dearnes s Relief Total Monthly Family Pension plus Dearnes s Relief Payable Rs. Remark s Initials of designate d officer

Rs. Rs.

* Enhanced and Normal Family Pension to be shown separately.

178 Part V Record of transfer of FPPO from one Pension Disbursing Authority (in short PDA) to another, if any: S. No. Full particulars of PDA at which family pension is drawn before transfer Date upto which family pension has been paid Full particulars of PDA to which FPPO is transferred Date and Signature of authorized officer of transferring PDA

179 Part VI Periodical identification of family pensioner (To be done annually). Date Initials of designated officer Date Initials of designated officer Date Initials of designated officer

180 Part VII (Record of Disbursement) Month for which Family family Pension pension is due Rs. March April May June July August September October November December January February Amount Dearness Total Relief Rs. Rs. Date of payment Disbursing Remarks Officers initials

181 7.18 (a) Re-employed pensioner shall be allowed to draw pay only in the prescribed scale of pay for the post in which he is re-employed. No protection of the scale of pay of the post held by him prior to retirement shall be given.

(b) The initial pay of the pensioner on re-employment shall be fixed by taking into consideration the last pay drawn by him before retirement minus gross pension; (i) if the amount so worked out corresponds to any stage in the scale of reemployed post, the pay shall be fixed at that stage; (ii) if there is no such stage in the scale of re-employed post, the pay shall be fixed at the stage next above that pay; (ii) If the maximum of the pay scale in which a pensioner is re-employed is less than the last pay drawn before retirement, his initial pay shall be fixed at the maximum of the scale of pay of the reemployed post minus gross pension;

(iii) if the minimum of the scale of pay in which a pensioner is re-employed is more than the last pay drawn before retirement, his initial pay shall be fixed at the minimum of the scale of pay of the reemployed post minus gross pension. (c) The re-employed pensioner will in addition to pay as fixed under clause (b) above shall be permitted to draw separately pension sanctioned to him and to retain any other form of retirement benefits. (d) Once the initial pay of a re-employed pensioner has been fixed in the manner indicated above i.e. at minimum or below minimum or at any stage of the scale, he may be allowed to draw normal increments in the time scale of the reemployed post : provided that the pay and gross pension taken together do not at any time exceed [Rs.24,500/-] per month. Note : In case pay is fixed at an amount below the minimum of the scale of reemployed post, the

182 increment shall be allowed at the rate prescribed immediately after minimum of the time scale. When due to grant of increment(s) the pay exceeds the minimum of the time scale then pay shall be allowed at the next stage. SECTION III- RE-MPLOYMENT OF MILITARY PENSIONERS 7.19 Except where it is otherwise expressly provided, the rules in section II of this chapter do not apply to Defence personnel i.e. commissioned officer, non-commissioned officer or soldier, who is reemployed after he has been granted a pension under defence rules. A retiree who is in receipt of pension from defence, if reemployed in Haryana state, shall continue to draw his pension during the reemployment and his pay will be fixed in the manner as prescribed in Rule 7.20.

7.20 (a) The defence pensioner on his re-employment in civil shall be allowed to draw pay only in the prescribed time scale of the reemployed post. There shall be no protection of the scale of pay of the post held by him prior to retirement from the defence services. (b) (i) In all cases where the pension is fully ignored, the initial pay on re-employment shall be fixed at the minimum of the scale of pay of the re-employed post. (ii) In cases where the entire pension is not ignored for pay fixation, the initial pay on reemployment shall be fixed at the same stage as the last pay drawn before retirement. [If there is no such stage in the re-employed post, the pay shall be fixed at the stage next above that pay.] If the maximum of the pay scale in which a pensioner is re-employed is less than the last pay drawn by him before retirement, his initial pay shall be fixed at the maximum of the scale of pay of the re-employed post. Similarly, if the minimum of the scale of pay in which a pensioner is re-employed is more than the last pay drawn by him before retirement, his initial pay, shall be

183 fixed at the minimum of the scale of pay of the re-employed post. However, in all these cases, the non-ignorable part of the pension shall be reduced from the pay so fixed. (c) The re-employed pensioner will, in addition to pay as fixed under clause (b) above shall be permitted to draw separately any pension sanctioned to him and to retain any other form of retirement benefits. (d) In the case of persons retiring before attaining the age of 55 years and who are re-employed, pension shall be ignored for initial pay fixation to the following extent: (i) In the case of Ex-servicemen who held posts below Commissioned Officer rank in the Defence Forces at the time of their retirement, the entire pension shall be ignored. (ii) In the case of Commissioned officers belonging to the Defence Forces at the time of their retirement, the first Rs.1500 of the gross pension shall be ignored. (e) Once the initial pay of a re-employed pensioner has been fixed in the manner indicated above, he may be allowed to draw normal increment(s) in the time-scale of the post to which he is appointed as if the pay had been fixed at the minimum or the higher stage, as the case may be (i.e. before an adjustment on account of pension), provided that the pay and gross pension taken together do not at any time exceed Rs. 24,500 per month. Note-2 Wound or extraordinary pension should be reduced or terminated only in virtue of the conditions of its award and should not be affected by the Pensioner's re-employment in the Government service.