Railway Pension Rules : Chapter-III Qualifying Service
Pension Rule No.20: Commencement Of Qualifying Service
Subject to the provisions of these rules, qualifying service of a railway servant shall commence from the date he takes charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity:
Provided that officiating or temporary service is followed, without interruption, by substantive appointment in the same or another service or post:
Provided further that –
(a) In the case of a railway servant in a Group ‘D’ service or post who held a lien or a suspended lien on a permanent pensionable post prior to the 17th April, 1950, service rendered before attaining the age of sixteen years shall not count for any purpose; and
(b) In the case of a railway servant not covered by clause (a), service rendered before attaining the age of eighteen years shall not count, except for compensation gratuity.
[Authority: RBE No.100/2000, No.F(E)III/99/PN1/(Modification), 23.5.2000]
(c) The provisions of clause (b) shall not be applicable in the cases of counting of military service for civil pension under rule 34.
[Authority: RBE No.251/2004, No.F(E)III/2004/PN1/21 (Amendment), 07.12.2004]
Pension Rule No.21: Conditions Subject To Which Service Qualifies
(1) The service of a railway servant shall not qualify unless his duties and pay are regulated by the Government; or under conditions determined by the Government.
Explanation: Save as otherwise provided in these rules for the purpose of sub-rule (1) the expression Service means service under the Government and paid by the Government for the Consolidated Fund of India or a Local Fund administered by that Government but does not include service in a non-pensionable establishment unless such service is treated as qualifying service by that Government.
(2) In case of a railway servant belonging to a State Government who is permanently transferred to a service or post under the railways, the continuous service rendered under the State Government in an officiating or temporary capacity if any, followed without interruption by substantive appointment or the continuous service rendered under that Government in an officiating or temporary capacity, as the case may be, shall qualify:
Provided that nothing contained in this sub-rule shall apply to any such railway servant who is appointed otherwise than by deputation to a service or post to which these rules apply.
Pension Rule No.22: Counting Of Service On Railways As Qualifying Service
The service of a railway servant which shall qualify for pensionary benefits, to the extent provided for in these rules, shall be as follows:
(i) Continuous service in the Indian Railways or continuous service in former company railway or in a former State Railway which have been taken over by the Central Government; and followed by service on Indian Railways.
Note:
Service rendered by a railway servant with a former State Ruler or personally to the ex-Ruler or in his household prior to the Federal Financial Integration, followed without break of such service, shall be treated as service in the former State Railway for the Purpose of pensionary benefits irrespective of whether his emoluments were paid from the State Revenues or from the private source of the ex-Ruler.
(ii) Service rendered before joining the Indian Railway or a former Company railway or former State railway, which have been taken over by the Government, provided it is: –
(a) A service in an Indian Railway or former State railway or former Company railway if at the time of transfer it was decided that such service would count for special contribution to Provident Fund;
(b) A service on a contract basis on an Indian Railway or a former Company railway or a former State Railway subject to the provisions of rule 24;
(c) A service under a private railway company or a quasi railway body to the extent and subject to the provisions of rule 25;
(iii) A non-pensionable service of a scientific employee under a semi-Government institution which is financed from cess or Government grants subject to the provisions of rule 30.
(iv) A military or a war service.
(v) A qualifying service rendered under the Central Government (in a Civil Ministry or Department or as a civilian employee under the Ministry of Defence including the Ordnance Factories) or a State Government before transfer to Railways in accordance with the provisions of rule 27.
Pension Rule No.23: Counting Of Service On Probation
Service constituting period of probation of a railway servant appointed as a probationer or on probation shall be treated as qualifying service.
[Authority: RBE No. 100/2000, No.F(E)III/99/PN1/(Modification), 23.5.2000]
Pension Rule No.24: Counting Of Service On Contract
(1) A person who is initially engaged by the railways on a contract and is subsequently appointed to the same or another post in a substantive capacity, without a break in service, such contract period of service shall be treated like any other permanent service in the railway and be taken into account for calculating for the pensionary benefits, subject to the conditions laid down in these rules; (1) Provided that
(i) The period of contract service, during which the Contract officer did not subscribe to the State Railway Provident Fund (Contributory), shall count to the extent indicated above, if during such period, the Railway servant concerned did not any inflated rates of pay by reason of absence of any retirement benefits;
(ii) If the railway servant concerned has subscribed to the State Railway Provident Fund (Contributory) during a period of service, he shall have the option either-
(a) To refund the Government contribution in the Provident Fund together with interest there-on, and Special Contribution to Provident Fund, if any, for the period in question and to count the contract service for pensionary benefits to the extent indicated above, or
(b) To retain the Government contribution to the Provident Fund with interest thereon including any other compensation and Special contribution to Provident Fund, if any, and not to count the period of contract service in question for pensionary benefits.
(2) The option, referred to in sub-clause (a) or sub-clause (b) of clause (ii) of sub-rule (1), shall be exercised within three months of the railway servant concerned in a substantive post and if he is on leave on that date, within three months of his return from leave, whichever is later.
(3) If no option is received from the railway servant within the period referred to in sub-rule (2), he shall be deemed to have opted for retention of monetary benefits referred to in sub-rule (2), he shall be deemed to have opted for retention of monetary benefits referred to in sub-clause (b) of clause (ii) of sub-rule (1).
(4) Where a railway servant (on contract basis) who was admitted to the State Railway Contributory Provident Fund opts for the alternative in sub-clause (1) above, the amount of Government contribution together with interest thereon including other compensation standing to his credit in the State Railway Provident Fund (Contributory) and the Special Contribution to the Provident Fund, if any, shall be surrendered and such amount shall be credited to the Consolidates Fund of India.
Provided that in a case where the Government contribution and the Special contribution, he shall be required to refund the amount received by him together with compound interest on the amount actually received from the date(s) of payment to the date of final refund, at the rate which would have been applicable to the Government contribution, if that amount would have remained in the fund and earned interest, in case where the railway servant dies before the entire amount is refunded, the amount which remains to be refunded shall be adjusted against the death gratuity which may become payable to the family of such railway servant.
Pension Rule No.25: Counting Of Service Rendered Under Private Railway Companies And Quasi Railway Bodies
(1) The previous service of employees of the former private or former railway companies and quasi-railway bodies who were absorbed in or appointed as fresh entrants in the Indian Railways shall be taken into account for pensionary benefits under these rules, if countable as under, for the purpose of special contribution to Provident Fund.
(i) If under the existing orders, the service is not countable for special contribution to Provident Fund, the same shall not be taken account for pensionary benefits;
(ii) If under the existing orders, previous service is countable for determining only eligibility for special contribution to Provident Fund the same shall be taken into account in full for pensionary benefits.
(2) The previous service, which is taken into account in accordance with the provisions of sub-rule (1), shall be treated as service in Railways to the extent indicated therein, for pensionary benefits under these rules.
Pension Rule No.26: Counting Of Service Rendered In The Indian Railway Conference Association
If a part of the service rendered by a railway servant in the Indian Railway Conference Association, such service shall be deemed as having been rendered under the Government and shall be taken into account for calculating the qualifying service under these rules;
Provided that the transfer has been effected as a result of the railway servants application having been forwarded through proper channel or in consequence of the Indian Railway Conference Association and the Indian Railway Administration having agreed to such transfer on account of the employee’s special qualification or experience.
Pension Rule No.27: Counting Of Service Rendered Under The Central Government Or A State Government
Counting Of Service Rendered Under The Central Government (In A Civil Ministry Or Department Or As A Civilian Employee Under The Ministry Of Defence Including Ordinance Factories) Or A State Government By A Person Transferred And Permanently Absorbed On The Railway:-
(1) A pensionable employee transferred to the railways from another Central Government Department shall be treated as on deputation so long as he is not permanently absorbed in the railway service and on permanent absorption in such service he shall be entitled to pensionary benefits under these rules.
(2) If a permanent employee, who is a member of a Contributory Provident Fund, is transferred and permanently absorbed in a railway service on pensionable basis, the period of service rendered by him prior to his joining such railway service shall count for pensionary benefits under these rules and the employee’s contribution to his Provident Fund Account shall be resumed by the Ministry or Department under which he had served prior to joining such railway service.
(3) In the case of an employee, who was a member of a Contributory Provident Fund while in the service of a State Government, the amount of Government contribution with interest thereon shall be resumed by the railways with the consent of the State Government concerned and such employee shall be allowed to count the period of his service under the State Government during which he had actually subscribed to the Contributory Provident Fund and if the State Government concerned is willing to bear the proportionate liability on service-share basis taking into account the entire service under such Government, the Government contribution for such service credited by it shall be resumed by such State Government.
(4) The provisions of rule 23 shall apply as far as may be, to the contract service rendered under a State or the Central Government provided that the previous contract service during which the railway servant did not subscribe to a Contributory Provident Fund shall count only if the previous employer is prepared to share the proportionate liability on service-share basis for the entire service rendered under him.
Pension Rule No.28: Counting Of Temporary Service Under The State And Central Government And Allocation Of Pensionary Liability
(1) The Government servants can be allowed the benefit of counting their qualifying service both under the Central Government and the State Governments for grant of pension by the Government from where they retire:
Provided that the gratuity, if any, received by the Government employee for temporary service under the Central or State Government shall be refunded by him to that Government concerned.
(2) The Government servants eligible to claim the benefits of combined service in accordance with sub-rule (1) shall be of the following categories: –
(a) Those who having been retrenched from the service of the Central Government or a State Government but have secured on their own, employment under a State or the Central Government either with or without interruption between the date of retrenchment and date of new appointment;
(b) Those who while holding temporary posts under the Central Government or a State Government apply for posts under the Central Government or a State Government through proper channel with proper permission of the administrative authority concerned;
Provided that where an employee is required for administrative reasons, for satisfying a technical requirement, to tender resignation from the temporary post held by him before joining the new appointment, a certificate to the effect that such resignation had been tendered for administrative reasons or to satisfy a technical requirement to join, with proper permission the new posts, may be issued by the authority accepting the resignation. A record of this certificate may also be made in his service book under proper attestation to enable him to get this benefit at the time of retirement.
(3) The provision of this rule shall not apply to the employees in the previous employment of the State Governments of Jammu and Kashmir and Nagaland.
Pension Rule No.29: Pensionary Liability Of Departments Of The Central Government
The liability for pension including gratuity shall be borne in full by the Department to which the Government servant permanently belongs at the time of retirement and no recovery of proportionate pension shall be made from other Department of the Central Government under whom he had served.
Pension Rule No.30: Counting Of Service Rendered By Scientific Employees In Semi-Government Institution
Service rendered by a scientific employee in a semi-Government institution which is financed from cess or Government grants and during such service he was subscribing to a Contributory Provident Fund, shall, on permanent appointment without any interruption to a pensionable railway service be counted as service qualifying for pension:
Provided that the contribution together with interest thereon paid by the said institution is made over to the Government but so much of the period of service during which he did not subscribe to the Contributory Provident Fund shall not be so reckoned unless the previous employer agrees to bear proportionate liability on account of pensionary benefits for the service so rendered. If the employee was not on a Contributory Provident Fund basis in such an institution, his previous service shall be reckoned as qualifying for pension if the previous employer agrees to bear proportionate liability on account of pensionary benefits.
Pension Rule No.31: Counting Of Service Paid From Contingencies
In respect of a railway servant, in service on or after the 22nd day of August, 1968, half the service paid from contingencies benefits on absorption in regular employment, subject to the following condition namely: –
(a) The service paid from contingencies has been in a job involving whole- time employment;
(b) The service paid from contingencies should be in a type of work or job for which regular posts could have been sanctioned such as posts of malis, chowkidars and khalasis;
(c) The service should have been such for which payment has been made either on monthly rate basis or on daily rates computed and paid on a monthly basis and which, though no analogous to the regular scales of pay, borne some relation in the matter of pay to those being paid for similar jobs being performed at the relevant period by staff in regular establishments;
(d) The service paid from contingencies has been continuous and followed by absorption in regular employment without a break;
Provide that the weightage for past service paid from contingencies shall be limited to the period after 1st January 1961 subject to the condition that authentic records of service such as pay bill, leave record or service-book is available.
NOTE –
(1) The provisions of this rule shall also apply to casual labour paid from contingencies.
(2) The expression Absorption In Regular Employment means absorption against a regular post.
Pension Rule No.32: Counting Of Service Of Substitute
Service rendered as substitute shall be counted for pensionary benefits from the date of completion of three months in the case of teachers and four months in other cases of continuous service as substitute followed by absorption in a regular Group C or Group D posts without any break.
Pension Rule No.33: Counting Of Pre-Retirement Civil (Including Railway) Service In The Case Of Re-Employed Railway Servant
(1) A railway servant who, having retired on compensation pension or invalid pension or compensation gratuity or invalid gratuity, is re-employed and appointed substantively to a service or a post to which these rules apply, may exercise his option either :—
(a) To continue to draw the pension or retain the gratuity sanctioned for his earlier service, in which case his former service shall not be counted as qualifying service, or
(b) To cease to draw his pension and refund—
(i) Pension already drawn;
(ii) The value received for commutation of part or a part of pension; and
(iii) The amount of death-cum-retirement gratuity including service gratuity, if any,
and count the previous service as qualifying service :
Provided that —
(i) The pension drawn prior to the date of re-employment shall not be required to be refunded;
(ii) The element of pension which was ignored for fixation of his pay including the element of pension which was not taken into account for fixation of pay shall be refunded by him;
(iii) The element of pension equivalent of gratuity including the element of commuted part of pension, if any, which was taken into account for fixation of his pay shall be set off against the amount of death-cum-retirement-gratuity and the commuted value of pension and the balance, if any, shall be refunded by him.
Explanation- In the proviso to this sub-rule, the expression Which Was Taken Into Account means, the amount of pension including the pension equivalent of gratuity by which pay of the railway servant was reduced on initial re-employment and the expression Which Was Not Taken Into Account shall be construed accordingly.
(2) (a) The authority issuing the order of substantive appointment to a railway service or post referred to in sub-rule (1) shall along with such order require in writing the railway servant to exercise his option under that sub-rule within three months of the date of issue of such order or if he is on leave on that date, within three months of his return from leave, whichever is later and also bring to his notice the provisions of clause (b) of that sub-rule.
(b) If no option is exercised within the period referred to in clause (a), the railway servant shall be decided to have opted for clause (a) of sub-rule (1).
(3) ln case of a railway servant, who opts or is deemed to have opted for clause (a) of sub-rule (1), ihe pension or gratuity admissible for his subsequent service shall be subject to the limitation that the ser-vice gratuity or the capital value of the pension and death-cum retirement gratuity, if any shall not be greater than the difference between the value of the pension and death-cum-retirement gratuity, if any, which would have been admissible to him at the time of his final retirement if the two periods of service were combined and the value of retirement benefits already granted to him for the previous service.
Note- The capital value of pension shall be calculated in accordance with the Table in the Appendix II under the Railway Service (Commutation of Pension) Rules 1993, as applicable at the time of the second or final retirement.
(4) (a) A railway servant who opts for clause (b) of sub-rule (1) shall be required to refund the gratuity including death-cum-retirement gratuity, if any, received in respect of his earlier service, in monthly instalments not exceeding thirty-six in number, the first instalment beginning from the month following the month in which he exercised such option.
(b) The right to count previous service as qualifying service shall not be revived until the whole amount has been refunded.
(5) In the case where a railway servant who. Having elected to refund the gratuity,
dies before the entire amount is refunded, the unrefunded amount of gratuity shall be adjusted against the death-cum-retirement gratuity which may become payable to such deceased’s family.
Pension Rule No.34: Counting Of Military Service Rendered Before Employment On The Railway
(1) A railway servant who is re-employed in a railway service or post before attaining the age of superannuation and who, before such re-employment, had rendered military service, may, on his confirmation in a railway service or post, opt either—
[Authority: RBE No.251/2004, No.F(E)III/2004/PN1/21 (Amendment), 7.12.2004]
(a) To continue to draw the military pension or retain gratuity received on discharge from military service, in which case his former military services shall not count as qualifying service; or
(b) To cease to draw his pension and refund,—
(i) The pension already drawn;
(ii) The value received for the commutation of a part of military pension; and
(iii) The amount of death-cum-retirement gratuity including service gratuity, if any, and count previous military service as qualifying service, in which case the service so allowed to count shall be restricted to a service within or outside the employees’ unit or department in India or elsewhere which is paid from the Consolidated Fund of India or for which pensionary contribution has been received by the Government:
Provided that—.
(i) The pension drawn prior to the date of re-employment shall not be required to be refunded;
(ii) The element of pension which was ignored for fixation of his pay including the element of pension which was not taken into account for fixation of pay on re-employment shall be refunded by him;
(iii) The element of pension equivalent of gratuity including the element of commuted part of pension, if any, which was taken into account for fixation of pay shall be set off against the amount of death-cum-retirement gratuity and the commuted value of pension and the balance, it any, shall be refunded by him.
Explanation- In the proviso to this sub-rule, the expression Which Was Taken In To Account means the amount of pension including the pension equivalent of gratuity by which the pay of the railway servant was reduced on initial re-employment and the expression Which Was Not Taken In To Account shall be construed accordingly.
(2) (a) The authority issuing the order of substantive appointment to a railway service or post referred to in sub-rule (1) shall along with such order require in writing the railway servant to exercise his option under that sub-rule within three months of the date of issue of such order or if he is on leave on that data within three months of his return from leave, which-ever is later and also bring to his notice the provisions of clause (b) of that sub-rule.
(b) If no option is exercised within the period ‘referred to in clause (a), the railway servant shall be deemed to have opted for clause (a) of sub-rule (1).
(3) (a) A railway servant who opts for clause (b) of sub-rule (1) shall be required to refund the pension, bonus or gratuity received in respect of his earlier military service, in monthly installment not exceeding thirty six in number, the first installment beginning from the month following the month in which he exercised such option,
(b) The right to count previous service as qualifying service shall not revive until the whole amount has been refunded.
(4) In the case where a railway servant who, having elected to refund the pension, bonus or gratuity, dies before the entire amount is refunded, the un-refunded amount of pension or gratuity shall be adjusted against the death-cum-retirement gratuity which may become payable to such deceased’s family.
(5) When an order is passed under this rule allowing previous military service to count as part of the service qualifying for civil pension, the order shall be deemed to include the condonation of interruption in service, if any, in the military service and between the military and railway services.
Pension Rule No.35: Verification Of Military Service
Before pension is granted, the war or Military service of the individual to whom pension is payable and the amount of bonus or gratuity in lieu of pension paid to him shall be verified, in Form 3 from the following authorities as indicated against each category of the employees, namely: –
I. Ex-service Commissioned Officers-
(a) (i) Non-Medical Officers-AG’s Branch/Ogr3(RR&C)(d) Army Headquarters, DHQ P.O., New Delhi.
(ii) Medical Officers-MPRS (O) (NE) Medical Directorate, Army Headquarters, DHQPO, New Delhi.
(b) Ex. Naval Officers-Personal services Directorate (Naval Appointments), Headquarters, DHQPO, New Delhi.
(c) Ex-Air Force Officers-Directorate of Personnel (Officers) (P.O. 2) Air Headquarters, DHQPO, New Delhi.
II. Ex. JCO’s, Other Ranks and NcsE and their equivalent in the Navy and Air Force. The authorities concerned shall be addressed enclosing two copies of Form 3 –
(a) JCO’s Ors. And NcsE. Of the Indian Army-The respective Record Office as indicated in the Discharge Certificate of an individual concerned. (A list of the existing Record Offices is given in Appendix II).
(b) CPO Petty Officers and Sailors of Navy-The Captain, Naval Barracks (Drafting Office), Bombay.
(c) MWOs., WOs., NCO’s., and Airmen of the Air Force-Directorate of Personnel (Airman, Air Head Quarters) Vayu Bhawan, New Delhi.
Pension Rule No.36.: Counting Of Period Spent On Leave
All leave during service for which leave salary is payable and all extraordinary leave granted on medical grounds shall count as qualifying services:
Provided that in the case of extraordinary leave other than extraordinary leave granted on medical certificate, the appointing authority may, at the time of granting such leave; allow the period of that leave to count as qualifying service if such leave is granted to a railway servant,
[Authority: RBE No.100/2000, No.F(E)III/99/PN1/(Modification), 23.5.2000]
(i) Due to his inability to join or rejoin duty on account of civil commotion, or
(ii) For prosecuting higher scientific or technical studies.
Pension Rule No.37: Counting Periods Of Suspension
Where a railway servant is kept under suspension pending inquiry into his conduct the period of such suspension shall count as qualifying service only where on conclusion of such inquiry, he has been fully exonerated or the suspension is held to be wholly unjustified and in other cases, the period of such suspension shall not count unless the authority competent to pass orders count under the rule governing such extent as that authority may declare. Where the authority reinstating the railway servant had not passed order as to the treatment of the period of suspension for the purpose of qualifying service for pensionary benefits the period of suspension shall qualify only if it had been treated as duty or leave due, as the case may.
Pension Rule No.38: Counting Of Periods Spent On Training
The Ministry of Railways may, by order, decide whether the time spent by a railway servant under training immediately before his appointment to service under the railway shall count as qualifying service.
Pension Rule No.39: Counting Of Past Service On Reinstatement
(1) A railway servant, who is dismissed, removed or compulsorily retired from service, but is reinstated on appeal review, is entitled to count his past service as qualifying service.
(2) The period of interruption in service between the date of dismissal, removal or compulsory retirement, as the case may be, and the date of reinstatement, and the period of suspension, if any, shall not count as qualifying service unless regularized as ‘duty’ or ‘leave’ by a specific order of the authority which passed the order or reinstatement.
Pension Rule No.40: Forfeiture Of Service On Dismissal Or Removal
Dismissal or removal of a railway servant from a service or post shall lead to forfeiture of his past service.