Railway Pension Rules : Chapter-II General Conditions

CHAPTER-II: GENERAL CONDITIONS

Pension Rule No.6: Regulation Of Claims To Pension Or Family Pension

(1)      Any claim to pension or family pension shall be regulated by the provisions of these rules in force at the time when a railway servant retires or is retired or is discharged or is allowed to resign from service or dies, as the case may be.

(2)      The day on which a railway servant retires or is retired or is discharged or is allowed to resign from service or dies as the case may be, shall be treated as his last working day.

Proviso:- omitted with effect from the 1st day of January, 1996.

[Authority: RBE No.97/2013, No.2011/F(E)III/1(1)9, 23.09.2013]

Pension Rule No.7: Limitation On Number Of Pensions

(1)      A railway servant shall not earn two pensions in the same service or post at the same time or by the same continuous service.

(2)      Except as provided in rule 34, a railway servant who, having retired on a superannuation pension or retiring pension is subsequently re-employed shall not be entitled to a separate pension or gratuity for the period of his re-employment.

Pension Rule No.8: Pension Subject To Future Good Conduct

(1)(a) Future good conduct shall be an implied condition of every grant of pension and its continuance under these rules.

(b)      The appointing authority may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct.

Provided that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of rupees three thousand five hundred per mensem.

[Authority:- RBE No.97/2013, No.2011/F(E)III/1(1)9, 23.09.2013]

Explanation: In this rule the expression-

(a)   Serious Crime includes a crime involving an offence under the Official Secrets Act, 1923 (19 of 1923);

(b)   Grave Misconduct includes the communication or disclosure of any secret official code or password or any sketch plan, model, article, note, documents or information, such as is mentioned in section 5 of the Official Secrets Act, 1923 (19 of 1923) which was obtained while holding office under the Government so as to prejudicially affect the interests of the general public or security of the State.

 

(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 judgment of the court relating to such conviction.

(3)      In a case not falling under sub-rule (2), if the authority referred to in sub-rule (1) considers that the pensioner is prima facie guilty of grave misconduct, it shall, before passing an order under the sub-rule (1) –

(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)      Stake into consideration the representation, if any, submitted by the pensioner under clause (a).

(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 any authority other than the President shall, in consultation with the Union Public Service Commission, pass such orders on such appeal, as he deems fit.

Pension Rule No.9: Right Of The President To Withhold Or Withdraw Pension

(1)      The President reserves to himself the right of withholding or withdrawing a pension or gratuity, or both, either in full or in part, whether permanently or for a specified period, and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Railway, if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of his service, including service rendered upon re-employment after retirement;

Provided that the Union Public Service Commission shall be consulted before any final orders are passed.

Provided further that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of rupees three thousand five hundred per mensem.

[Authority: RBE No.97/2013, No.2011/F(E)III/1(1)9, 23.09.2013]

(2)      The departmental proceedings referred to in sub-rue (1):-

(a)      If instituted while the railway servant was in service whether before his retirement or during his re-employment, shall after the final retirement of the railway servant, be deemed to be proceeding under this rule and shall be continued and concluded by the authority by which they commenced in the same manner as if the railway servant had continued in service.

Provided that where the departmental proceedings are instituted by an authority subordinate to the President, that authority shall submit a report recording its findings to the President;

(b)      If not institute while the railway servant was in service, whether before his retirement or during his re-employment:-

(i)    Shall not be instituted save with the sanction of the President;

(ii)    Shall not be in respect of any event which took place more than four years before such institution; and

(iii)   Shall be conducted by such authority and in such place as the President may direct and in accordance with the procedure applicable to departmental proceedings in which and, order in relation to the railway servant during his service.

(3)      In the case of a railway servant who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are continued under sub-rule (2), a provisional pension as provided in rule 10 shall be sanctioned.

[Authority: RBE No.100/2000, No.F(E)III/99/PN 1/(Modification), 23.5.2000]

(4)      Where the President decides not to withhold or withdraw pension but orders recovery of pecuniary loss from pension, the recovery shall not ordinarily be made at a rate exceeding one third of the pension admissible on the date of retirement of a railway servant.

(5)      For the purpose of this rule:-

(a)   Departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the railway servant or pensioner, or if the railway servant has been placed under suspension from an earlier date, on such date; and

(b)   Judicial proceedings shall be deemed to be instituted:-

(i)  In the case of criminal proceedings, on the date on which the complaint or report of a Police Officer, of which the Magistrate takes cognizance, is made; and

(ii) In the case of Civil proceedings, on the date the plaint is presented in the Court.

Pension Rule No.10: Provisional Pension Where Departmental Or Judicial Proceedings May Be Pending

(1)(a) In respect of a railway servant referred to in sub-rule (3) of Rule 9, the Accounts Officer shall authorize the provisional pension not exceeding the maximum pension which would have been admissible on the bases of qualifying service up to the date of retirement of the railway servant or if he was under suspension on the date of retirement, upto the date immediately preceding the date on which he was placed under suspension.

(b)      The Provisional pension shall be authorized by the Accounts Officer during the period commencing from the date of retirement upto and including the date on which, after the conclusion of departmental or judicial proceedings, final orders are passed by the competent authority.

(c)      No gratuity shall be paid to the railway servant until the conclusion of the departmental or judicial proceedings and issue of final orders thereon; provided that where departmental proceedings have been instituted under the provisions of the Railway Servants Discipline and Appeal Rules, 1968, for imposing any of the penalties specified in clauses (i), (ii), (iii a) and (iv) of rule 6 of the said rules, the payment of gratuity shall be authorized to be paid to the railway servant.

(2)      Payment of provisional pension made under sub-rule (1) shall be adjusted against final retirement benefits sanctioned to such railway servant upon conclusion of such proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld either permanently or for a specified period.

Pension Rule No.11: Commercial Employment After Retirement

11.  Commercial Employment After Retirement:-

(1)      If a pensioner who, immediately before his retirement was a member of Central Service Group ‘A’ wishes to accept any commercial employment before the expiry of One years from the date of his retirement, he shall obtain the previous sanction of the Government to such acceptance by submitting an application in Form 1.

[Authority: RBE No.117/2007, No.E(G)2007/EM1/1, 19.09.2007]

Provided that a Government servant who was permitted by the Government to take up a particular form of commercial employment during his leave preparatory to retirement or during refused leave shall not be required to obtain subsequent permission for his continuance in such employment after retirement.

(2)      Subject to the provisions of sub-rule (3), the Government may, by order in writing on an application made under sub-rule (1) by a pensioner, grant, subject to such condition, if any, as it may deem necessary, permission, or refuse, for reasons to be recorded in the order, permission to such pensioner to take up the commercial employment specified in the application.

(3)      In granting or refusing permission under sub-rule (2) to a pensioner for taking up any commercial employment, the Government shall have regard to the following factors, namely:-

(a) Whether a ‘No Objection’ for the proposed post retirement commercial employment has been obtained from the cadre controlling authority and from the office where the officer retired.

(b) Whether the officer has been privy to sensitive or strategic information in the last three years of his service which is directly related to the areas of interest or work of the organization which he proposes to join or the areas in which he proposes to practice or consult.

(c) Whether there is conflict of interest between the policies of the office he has held in the last three years and the interest represented or work undertaken by the organization he proposes to join.

Explanation: For the purposes of this clause, conflict of interest shall not include normal economic competition with the Government or its undertakings.

(d) Whether the organization he proposes to join has been known to be in any way in conflict with or prejudicial to India’s foreign relations, national security and domestic harmony, and whether the organization is undertaking any activity for intelligence gathering.

(e) Whether service record of the officer is clear, particularly with respect to integrity and dealings with non-Government organizations.

(f) Whether the proposed emoluments and pecuniary benefits are far in excess of those currently prevailing in the iy: RBE No.117/2007, No.E(G)2007/EM1/1, 19.09.2007]

(4)      Omitted

[Authority:- RBE No.139/2002, No.E(G)2002/EM1/1, 19/23.07.2002]

(5)      Where the Government grants the permission applied for subject to any conditions or refuses such permission, the applicant may, within thirty days of the receipt of the order of the Government to that effect, make a representation against any such condition or refusal and the Government may make such orders thereon as it deems fit:

Provided that, no order other than an order canceling such condition or granting such permission without any conditions, shall be made under this sub-rule without giving the pensioner making the representation an opportunity to show cause against the order proposed to be made.

(6)      If any pensioner takes up any commercial employment at any time before the expiry of one year from the date of his retirement without the prior permission of the Government or commits a breach of any condition subject to which permission to take up any commercial employment has been granted to him under this rule, it shall be competent for the Government to declare by order in writing and for reasons to be recorded therein that he shall not be entitled to the whole or such part of the pension and for such periods as may be specified in the order.

[Authority: RBE No.117/2007, No.E(G)2007/EM1/1, 19.09.2007]

Provided that no such order shall be made without giving the pensioner concerned an opportunity of showing cause against such declaration:

Provide further that in making any order under this sub-rule, the Government shall have regard to the following factors, namely:-

(i)    The financial circumstances of the pensioner concerned;

(ii)    The nature of, and the emoluments from, the commercial employment taken up by the pensioner concerned; and

(iii)   Any other relevant factor.

(7)      Every order passed by the Government under is rule shall be communicated to the pensioner concerned.

(8)      In this rule the expression-

(a)   Commercial Employment means-

(i)    An employment in any capacity including that of an agent under a company, cooperative society, firm or individual engaged in trading, commercial, industrial, financial or professional business and includes also a directorship of such company and partnership of such firm, but does not include employment under a body corporate, wholly or substantially owned or controlled by the Central Government or a State Government;

(ii)    Setting up practice, either independently or as a partner of a firm, as adviser or consultant in matters in respect of which the pensioner:-

(1)   Has no professional qualifications and the matters in respect of which the practice is to be set up or is carried on are relatable to his official knowledge or experience, or

(2)   Has professional qualification but the matters in respect of which such practice is to be set up are such as are likely to give his clients an unfair advantage by reason of his previous official position, or

(3)   Has to undertake work involving liaison or contact with the offices or officers of the Government.

Explanation:- For the purpose of this rule the expression Employment under a cooperative society includes the holding of any office, whether elective or otherwise such as that of President, Chairman, Manager, Secretary, Treasurer and the like, by whatever name called in such society;

(b)   Date of retirement, in relation to a railway servant re-employed after retirement, without any break, either in the same or in another Group ‘A’ post under the Government or in any other equivalent post under a State Government, means the date on which such railway servant finally ceases to be so re-employed in Government service.

Pension Rule No.12: Restriction On Practice In Income-Tax And Other Cases After Retirement

(1)   No pensioner who, while in service retired from a post under the Department of Revenue in the Ministry of Finance, shall set up practice before the expiry of two years from the date of his retirement:-

(a)   In any area which was within the local limit of his jurisdiction during the last three years immediately before his retirement;

(b)   In areas other than those referred to in clause (a) without the previous sanction of the President.

(2)  No pension shall be payable to such pensioner who sets up practice in contravention of sub-rule (1) in respect of any period for which he has set up practice or such longer period as the Government may direct.

Explanation: For the purpose of this rule the expressions,

(i)    Practice means practice, either independently or as a partner of a firm or a consultant or adviser in matters relating to Income-tax, Wealth tax, duties of customs, duties of Central Excise or estate duty, or as representative of assesses in proceeding under the enactment relating to the levy of such tax or duty;

(ii)    Date of Retirement shall have the same meaning as in explanation (b) to rule 11.

Pension Rule No.13: Employment After Retirement Under A Government Outside India

If a pensioner who immediately before his retirement was a member of railway service, Group ‘A’, wishes to accept any employment under any Government outside India he shall obtain the previous permission of a Ministry of Railways (Railway Board), for such acceptance, and no pension shall be payable to a pensioner who accepts such an employment without proper permission in respect of any period for which he is so employed or such longer period as the Government may direct;

Provided that a railway servant who was permitted by the Ministry of Railways (Railway Board) to take up a particular form of employment under any Government outside India during his leave preparatory to retirement shall not be required to obtain subsequent permission for his continuance in such employment after retirement.

Explanation: For the purpose of this rule, the expression Employment Under Any Government Out Side India includes employment under any local authority or corporation or any other institution or organization which functions under the supervision or control of a Government outside India, or an employment under an International Organization of which the Government of India is not a member.

Pension Rule No.14: Periods Which Shall Not Be Treated As Service For Pensionary Benefits

14. Periods Which Shall Not Be Treated As Service For Pensionary Benefits:-

Periods of employment in any of the following capacities shall not constitute service for pensionary benefits, namely,-

(i)       In a part-time capacity;

(ii)      At casual market or daily rates;

(iii)     In a non-pensionable post;

(iv)     In a post paid from contingencies except as provided in rule 31;

(v)      Under a convenant or a contract which does not specifically provided for grant of pensionary benefits;

(vi)     Work done on payment of a fee or honorarium;

(vii)    Apprentice period of Special Class Apprentices

[Authority: RBE No.100/2000, No.F(E)III/99/PN1/(Modification), 23.5.2000]

(viii)    Removal or Dismissal from service in accordance with rule 40;

(ix)     Resignation from service save as indicated under rule 41;

(x)      Period of unauthorized absence in continuation of authorized leave of absence treated as overstay,

(xi)     Joining time allowed to a railway servant transferred at his own request and not in public interest for which he is not entitled to be paid;

(xii)    Period of service treated as dies-non;

(xiii)    Foreign Service in respect of which the foreign employer or railway servant has not paid service contributed unless the payment has been specifically waived by the President;

(xiv)   On contract basis except when followed by confirmation.

NOTE: Unpaid holidays, Sundays and short periods of leave for half-a-day or less granted to railway workshop staff shall be treated as qualifying service.

Pension Rule No.15: Recovery And Adjustment Of Government Or Railway Dues From Pensionary Benefits

(1)      For the dues other than the dues pertaining to occupation of Government or Railway accommodation, the Head of Office shall take steps to assess the dues one year before the date on which a railway servant is due to retire on superannuation.

(1A)    The assessment of Government or Railway dues in sub-rule (1) shall be completed by the Head of Office eight months prior to the date of retirement of the railway servant.

[Authority: RBE No.70/2016, No. 2015/F(E)III/1(1)/4, 17.06.2016]

(2)      The railway or Government dues as ascertained and assessed, which remain outstanding till the date of retirement or death of the railway servant, shall be adjusted against the amount of the retirement gratuity or death gratuity or terminal gratuity and recovery of the dues against the retiring railway servant shall be regulated in accordance with the provisions of sub-rule (4).

(3)      For the purposes of this rule, the expression Railway or Government Dues includes:-

(a)   Dues pertaining to railway or Government accommodation including arrears of license fee, as well as damages (for the occupation of the Railway or Government accommodation beyond the permissible period after the date of retirement of allottee), if any.

[Authority: RBE No.44/2012, No. F(E)III/2010/PN1/4, 28.03.2012]

(b) Dues other than those pertaining to railway or Government accommodation, namely balance of house building or conveyance or any other advance, overpayment of pay and allowances, leave salary or other dues such as Post Office or Life Insurance premium, losses (including short collection in freight charges shortage in stores) caused to the Government or the railway as a result if negligence or fraud on the part of the railway servant while he was in service.

(4)  (i) A claim against the railway servant may be on account of all or any of the following: –

(a)   Losses (including short collection in freight charges, shortage in stores) caused to the Government or the railway as a result of negligence or fraud on the part of the railway servant while he was in service;

(b)   Other Government dues such as over-payment on account of pay and allowances or other dues such as house rent, Post Office or Life Insurance Premium, or outstanding advance,

(c)   Non-Government dues.

(ii)   Recovery of losses specified in sub-clause (a) of clause (i) of this sub-rule shall be made subject to the conditions laid down in rule 8 being satisfied from recurring pensions and also commuted value thereof, which are governed by the Pension Act, 1871 (23 of 1871). A recovery on account of item (a) of sub-para (i) which cannot be made in terms of rule 8, and any recovery on account of sub-clauses items (b) and (c) of clause (i) that cannot be made from these even with the consent of the railway servant, the same shall be recovered from retirement, death, terminal or service gratuity which are not subject to the Pensions Act, 1871 (23 of 1871). It is permissible to make recovery of Government dues from the retirement, death, terminal or service gratuity even without obtaining his consent, or without obtaining the consent of the member of his family in the case of a deceased railway servant.

(iii) Sanction to pensionary benefits shall not be delayed pending recovery of any outstanding Government dues. If at the time of sanction, any dues remain un-assessed or un-realized the following courses should be adopted:-

(a)   In respect of the dues as mentioned in sub-clause (a) of clause (i) of this sub-rule. A suitable cash deposit may be taken from the railway servant or only such portion of the gratuity as may be considered sufficient, may be held over till the outstanding dues are assessed and adjusted.

(b)   In respect if the dues as mentioned in sub-clause (b) of clause (i) of this sub-rule-

(1)   The retiring railway servant may be asked to furnish a surety of a suitable permanent railway servant. If the surety furnished by him is found acceptable, the payment of his pension or gratuity or his last claim for pay, etc. should not be with held and the surety shall sign a bond in Form 2.

(2)   If the retiring railway servant is unable or nor willing to furnish a surety, then action shall be taken as specified in sub-clause (a) of sub-clause (iii).

(3)   The authority-sanctioning pension in each case shall be competent to accept the surety bond in Form 2 on behalf of the President.

(c)   In respect of the dues as mentioned in sub-clause (c) of clause (i) The Quasi- Government and non-Government dues, such as amounts payable by a railway servant to Consumer Cooperative Societies, Consumer Credit Societies or the dues payable to an autonomous organization by a railway servant while on deputation may be recovered from the retirement gratuity which has become payable to the retiring railway servant provided he gives his consent for doing so in writing to the administration.

(iv) In all cases referred to in sub-clauses (a) and (b) of clause (I) of this sub-rule, the amounts which the retiring railway servants are required to deposit or those which are withheld from the gratuity payable to them shall not be disproportionately large and that such amount are not with held or the sureties furnished are not bound over for unduly long periods. To achieve this, the following principles should be observed by all the concerned authorities:-

(a)   The cash deposit to be taken or the amount of gratuity to be withheld should not exceed the estimated amount of the outstanding dues plus twenty-five per centum thereof.

(b)   Dues mentioned in clause (I) of this sub-rule should be assessed and adjusted within a period of three months from the date of retirement of the railway servant concerned.

(c)   Steps should be taken to see that there is no loss to Government on account of negligence on the part of the officials concerned while intimating and processing of a demand. The officials concerned shall be liable to disciplinary action in not assessing the Government dues in time and the question whether the recovery of the irrecoverable amount shall be waived or the recovery made from the officials held responsible for not assessing the Government dues in time should be considered on merits.

(d)   As soon as proceedings of the nature referred to in rule 8 are instituted, the authority which instituted the proceedings should without delay intimate the fact to the Account Officer.

Pension Rule No.16: Adjustment And Recovery Of Dues Pertaining To Government Or Railway Accommodation

(1)      The Directorate of Estates on receipts of intimation from the Head of Office under sub-rule (1) of rule 77 regarding the issue of No Demand Certificate shall scrutinize its records and inform the Head of Office within two months, [Authority: RBE No.70/2016, No.2015/F(E)III/1(1)/4, 17.06.2016] 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.

(2)     The Head of Office shall ensure that licence fee for the next eight months, i.e. up to the date of retirement of the allottee, is recovered every month from the pay and allowances of the allottee.

(3)      Where the Directorate of Estates intimates the amount of licence fee recoverable in respect of the period mentioned in sub-rule (1), the Head of Office shall ensure that outstanding licence fee is recovered in installments from the current pay and allowances of the allotee and where the entire amount is not recovered from the pay and allowances, the balance shall be recovered out of the gratuity before its payment is authorized.

(4)      The Directorate of Estates shall also inform the Head of Office the amount of licence fee for the retention of Government accommodation for the permissible period beyond the date of retirement of the allottee. The Head of Office shall adjust the amount of that licence fee from the amount of the gratuity together with the un-recovered licence fee, if any, mentioned in sub-rule (3).

[Authority: RBE No.70/2016, No.2015/F(E)III/1(1)/4, 17.06.2016]

(5)      If in any particular case, it is not possible for the Directorate of Estates to determine the outstanding licence fee, that Directorate shall inform the Head of Office that ten per cent of gratuity may be withheld pending receipt of further information.

[Authority: RBE No. 44/2012, No.F(E)III/2010/PN1/4, 28.03.2012]

(6)      The recovery of licence fee (where it is not possible for the Directorate of Estates to determine the outstanding licence fee) as well as damages (for the occupation of the Government accommodation beyond the permissible period after the date of retirement of allottee) shall be the responsibility of the Directorate of Estates and the withheld amount of gratuity under sub-rule (5) above, the retiring Government employees, who are in occupation of Government accommodation, shall be paid immediately on production of No Demand Certificate from the Directorate of Estates after actual vacation of the Government accommodation.

(6A)    The Directorate of Estates shall ensure that No Demand Certificate shall be given to the Government employee within a period of fourteen days from the actual date of vacation of the Government accommodation and the allottee shall be entitled to payment of interest (at the rate applicable to General Provident Fund deposit determined from time to time by the Government of India) on the excess withheld amount of gratuity which is required to be refunded, after adjusting the arrears of licence fee and damages, if any, payable by the allottee and the interest shall be payable by the Directorate of Estates through the concerned Accounts Officer of the Government employee from the actual date of vacation of the Government accommodation up to the date of refund of excess withheld amount of gratuity.

(6B)    On account of licence fee or damages remaining unpaid after adjustment from the withheld amount of gratuity mentioned under sub-rule (5) above, may be ordered to be recovered by the Directorate of Estates through the concerned Accounts Officer from the Dearness Relief without the consent of the pensioners and in such cases no Dearness Relief shall be disbursed until full recovery of such dues has been made.

[Authority: RBE No.44/2012, No. F(E)III/2010/PN1/4, 28.03.2012]

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.

(7)      A railway servant shall vacate the railway accommodation immediately after his retirement.

(8)      (a) In case where a railway accommodation is not vacated after superannuation of the railway servant or after cessation of his service such as on voluntary retirement, compulsory retirement, medical invalidation, or death, then, the full amount of retirement gratuity, death gratuity or special contribution to provident fund, as the case may be, shall be withheld.

(b) The amount withheld under clause (a) shall remain with the railway administration in the form of cash.

(c) In case the railway accommodation is not vacated even after the permissible period of retention after the superannuation, retirement, cessation of service or death, as the case may be, the railway administration shall have the right to withhold, recover, or adjust from the Death-cum-retirement Gratuity, the normal rent, special licence fee or damage rent, as may be due from the ex-railway employee and return only the balance, if any, on vacation of the railway accommodation.

(d) Any amount remaining unpaid after the adjustment made under clause (c), may also be recovered without the consent of the pensioner by the concerned Accounts Officer from the dearness relief of the pensioner until full recovery of such dues has been made.

(e) Dispute, if any, regarding recovery of damages or rent from the ex-railway employee shall be subject to adjudication by the concerned Estate Officer appointed under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (40 of 1971).

[Authority: RBE No.101/2000, No.F(III)/97/PN1/14 (Amendment), 24.05.2000]

Pension Rule No.17: Pensionary Benefits To Staff Declared Unfit

If a railway servant is unfit for his post but is retained in service in an alternative appointment under the provision of the code and subsequently becomes entitled to receive retirement gratuity or pension, he shall be given the option of accepting either of following, whichever he may, prefer-

(i)       The gratuity or pension which he would normally be granted with reference to his total service taken together,

(ii)      The sum of:-

(a)   Gratuity or pension which he would have been granted if he had been medically invalidated out of service instead of being retained in an alternative appointment at the end of the spell of his service; and

(b)   The retirement gratuity or pension which he would normally have been granted for the second spell of this service rendered in the alternative appointment:

Provided that if total qualifying service of the railway servant in both the spells of service taken together exceeds 33 years, the qualifying service in the second spell shall be reduced by the number of years by which total qualifying service in both the spells taken together exceeds 33 years and ordinary gratuity or pension and death-cum-retirement gratuity for the second spells of service shall be calculated with reference to the reduced qualifying service so calculated.

Pension Rule No.18: Pensionary, Terminal Or Death Benefits To Temporary Railway Servant

(1)      A temporary railway servant who retires on superannuation or on being declared permanently incapacitated for further railway service by the appropriate medical authority after having rendered temporary service not less than ten years shall be eligible for grant of superannuation, invalid pension, retirement gratuity and family pension at the same scale as admissible to permanent railway servant under these rules.

Explanation: For the purpose of sub-rule (1) of this rule “service” shall have the meaning assigned to it in sub-rule (6) of rule 1002 of the Code except that it shall not include the period of first four years of apprenticeship of Special Class Railway Apprenticeship.

(2)      A temporary railway servant who seeks voluntary retirement after completion of twenty years of service shall continue to be eligible for retirement pension and other pensionary benefits like retirement gratuity and family pension as admissible under these rules.

(3)      In the event of death in harness of a temporary railway servant his family shall be eligible to family pension and death gratuity on the same scale as admissible to families to permanent railway servants under these rules.

(4)      The terminal or death gratuity shall not be admissible:-

(i)    To a probationer or other railway servant discharged for failure to pass the prescribed test or other examination;

(ii)    In a case where the railway servant concerned resigns his post or is removed or dismissed from railway service;

(iii)   To employees re-employed under the terms of re-employment applicable to retired employees.

(5)      The rules and orders applicable to the admissibility of death-cum-retirement gratuity to permanent pensionable railway servants shall apply as far as may be to the terminal or death gratuity also subject to the provisions of the sub-rules (6) to (10).

(6)      No nomination for death or terminal gratuity shall be necessary.

(7)      The payment of the terminal gratuity in the case of a temporary railway servant who dies before receiving payment of the said gratuity or of the death gratuity shall be made to his family in the following order of preference:-

(1)      Wife or wives including judicially separated wife or wives in the case of a male railway servant;

(2)      Husband including judicially separated husband in the case of a female railway servant,

(3)      Sons including step sons and adopted sons,

(4)      Unmarried daughters including step daughters and adopted daughters,

(5)      Widowed daughters including step daughters and adopted daughters.

(6)      Father, Including adopted parents, in the case of individuals whose personal law permits adoption.

(7)      Mother, Including adopted parents, in the case of individuals whose personal law permits adoption.

(8)      Brother below the age of eighteen years including stepbrothers.

(9)      Unmarried sisters and widowed sisters including step sisters,

(10)    Married daughters, and

(11)    Children of a pre-deceased son.

(8)      If the person eligible to the gratuity in the order of preference mentioned in item (1) of sub-rule (7) is totally denied any share in the property of the railway servant under a will or deed made by him, such person shall be treated as ineligible to receive the gratuity which shall then be paid to the next person in the order of preference and where the railway servant makes any such will or deed he may intimate the fact in writing to the Head of Office who shall keep a note in the service book of the railway servant.

(9)      The amount of gratuity payable to a temporary railway servant or to his family in the event of his death may be determined on the bases of the entries made in this service book and drawn without a formal application or accounts report, just as pay claims in pay bill form.

(10)    The non-service staff appointed on the personal staff of Minister (s) or Deputy Ministers that is the staff appointed at the discretion of the Ministers and who on the date of their appointment are not already in Government service shall be treated as purely temporary employees for the purpose of the benefits admissible under this rule.

Pension Rule No.19: Pension On Re-Employment

Pension on re-employment shall be subject to the conditions laid down in rule 33.