Railway Pension Rules : Chapter-VII Determination And Authorization Of Amounts Of Pension And Gratuity
Pension Rule No.76: Preparation Of List Of Railway Servants Due For Retirement
(1) Every Head of Department or Head of Office, as the case may be, shall have a list prepared every three months, that is, on the 1st January, 1st April, 1st July and 1st October each year, of all railway servants who are due to retire within the next twelve to fifteen months of that date.
[Authority: RBE No.70/2016, No.2015/F(E)III/1(1)/4, 17.06.2016]
(2) A copy of every such list shall be supplied to the Accounts Officer concerned not later than 31st January, 30th April, 31st July or 31st October, as the case may be, of that year.
[Authority: RBE No.70/2016, No.2015/F(E)III/1(1)/4, 17.06.2016]
(3) In the case of a railway servant retiring for reasons other than by way of superannuation, the Head of Office shall promptly inform the Accounts Officer concerned, as soon as the fact of such retirement becomes known to him.
(4) A copy of the intimation sent by the Head of Office to the Accounts Officer under sub-rule (3) shall also be endorsed to the Engineering Department of the Railway or the Directorate of Estates, Government of India, as the case may be if the railway servant concerned is an allottee of railway or Government accommodation.
Pension Rule No.77: Intimation To The Director Of Estates Regarding Issue Of ‘No Demand Certificate
The Head of Office shall write to the Directorate of Estates one year before the anticipated date of retirement of the railway servant who was or is in occupation of a Government accommodation (hereinafter referred to as the allotee) for issuing a ‘No Demand Certificate’ in respect of the period preceding eight months of the retirement of the allotee.
[Authority: RBE No.70/2016, No.2015/F(E)III/1(1)/4, 17.06.2016]
Pension Rule No.78: Preparation Of Pension Papers
Every Head of Office shall undertake the work of preparation of pension papers in Form 7, one years before the date on which a railway servant is due to retire on superannuation, or on the date on which he proceeds on leave preparatory to retirement, whichever is earlier.
Pension Rule No.79: Stages For The Completion Of Pension Papers On Superannuation
(1) The Head of Office shall divide the period of preparatory work of one year referred to in rule 78 in the following three stages, namely:-
(a) First Stage (Verification Of Service)-
(i) The Head of Office shall go through the service book of the railway servant and satisfy himself as to whether the certificates of verification for the service subsequent to the service verified under rule 47 are recorded therein.
(ii) In respect of the unverified portion or portions of service, he shall verify the portion or portions of such service, as the case may be, based on pay bills, acquittance rolls or other relevant records such as last pay certificate, pay slip for month of April which shows verification of service for the previous financial year 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 railway servant in another office or Department, the Head of Office under which the railway servant is at present serving shall refer the said period of service to the Head of Office in which the railway servant is shown to have served during that period for the purpose of verification.
(iv) On receipt of communication referred to in sub-clause (iii), the Head of Office in that office or Department shall verify the portion or portions of such service, in the manner as specified in sub-clause (ii), and send necessary certificates to the referring Head of Office within two months from the date of receipt of such a reference:
Provided that in case a period of service is incapable of being verified, it shall be brought to the notice of the referring Head of Office simultaneously.
(v) If no response is received within the time referred to in sub-clause (iv), such period or periods shall be deemed to qualify for pension.
(vi) If at any time thereafter, it is found that the Head of Office and other concerned authorities had failed to communicate any non-qualifying period of service, the Railway Board shall fix responsibility for such non-communication.
(vii) The process specified in sub-clauses (i), (ii), (iii), (iv) and (v) shall be completed eight months before the date of superannuation.
(viii) If any portion of service rendered by a railway servant is not capable of being verified in the manner specified in sub-clause (i) or sub-clause (ii) or sub-clause (iii) or sub-clause (iv) or sub-clause (v), the railway servant shall be asked to file a written statement on plain paper within a month, stating that he had in fact rendered service for that period, and shall, at the foot of the statement, make and subscribe to a declaration as to the truth of that statement.
(ix) The Head of Office shall, after taking into consideration the facts in the written statement referred to in sub-clause (viii) admit that portion of service as having been rendered for the purpose of calculating the pension of that railway servant.
(x) If a railway servant is found to have given any incorrect information willfully, which makes him entitled to any benefits which he is not otherwise entitled to, it shall be construed as a grave misconduct.
(b) Second Stage (Making Good Omission In The Service Book)-
(i) 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 specified in clause (a) and to make good the omissions, imperfections or deficiencies in sub-clause (i).
(iii) Any omission, imperfection or deficiency which is incapable of being made good and the periods of service about which the railway servant has submitted no statement and 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.
(iv) For the purpose of calculation of average emoluments, the Head of Office shall verify from the service book the correctness of the emoluments drawn or to be drawn during the last ten months of service.
(v) In order to ensure that the emoluments during the last ten months of service have been correctly shown in the service book, the Head of Office may verify the correctness of emoluments only for the period of twenty-four months preceding the date of retirement of a railway servant, and not for any period prior to that date.
(c) Third Stage-
As soon as the second stage is completed, but not later than eight months prior to the date of retirement of the railway servant, the Head of Office shall-
(i) Furnish to the retiring railway servant a certificate regarding the length of qualifying service proposed to be admitted for the purpose of pension and gratuity and also the emoluments and the average emoluments proposed to be reckoned for retirement gratuity and pension.
(ii) Direct the retiring railway servant to furnish to the Head of Office the reasons for non-acceptance, supported by the relevant documents in support of his claim within two months if the certified service and emoluments as indicated by the Head of Office are not acceptable to him.
(iii) Forward to the retiring Government servant Form 8 advising him to submit the same duly completed in all respects so as to reach the Head of Office not later than six months prior to his date of retirement.;
[Authority: RBE No.70/2016, No.2015/F(E)III/1(1)/4, 17.06.2016]
79-A. Submission of Form-8:
A railway servant, retiring for reasons other than superannuation may, submit Form 8 before such retirement but after the competent authority has approved such retirement or the retirement has become effective, as the case may be.
[Authority: RBE No.70/2016, No.2015/F(E)III/1(1)/4, 17.06.2016]
Pension Rule No.80: Completion Of Pension Papers
In cases under rule 79, the Head of Office shall complete Part I of Form 7 not later than four months before the date of retirement of a railway servant and in cases under rule 79-A, the Head of Office shall complete Part I of Form 7 within three months after submission of Form 8 by a railway servant.
[Authority: RBE No.70/2016, No.2015/F(E)III/1(1)/4, 17.06.2016]
Pension Rule No.81: Forwarding Of Pension Papers To Accounts Officer
(1) After complying with the requirement of rule 79 and 80, the Head of Office shall forward to the Accounts Officer Form 7 and Form 8 duly completed with a covering letter in Form 9 along with service book of the railway servant duly completed, up to date, and any other documents relied upon for the verification of service.
(2) The Head of Office shall retain a copy each of the Forms referred to in sub-rule (1) for his records.
(3) OMITTED [Authority: RBE No.70/2016, No.2015/F(E)III/1(1)/4, 17.06.2016]
(4) The papers referred to in sub-rule (1) shall be forwarded to the Accounts Officer not later than four months before the date of superannuation of a railway servant and in cases other than retirement on superannuation not later than three months after the date of submission of Form 8.
[Authority: RBE No.70/2016, No.2015/F(E)III/1(1)/4, 17.06.2016]
Pension Rule No.82: Intimation To Accounts Officer Regarding Any Event Having Bearing On Pension
If after the pension papers have been forwarded to the Accounts officer , any event occurs which has a bearing on the amount of pension admissible, the fact shall be promptly reported to the Accounts Officer by the Head of Office.
[Authority: RBE No.70/2016, No.2015/F(E)III/1(1)/4, 17.06.2016]
Pension Rule No.83: Intimation of the particulars of railway dues to the Accounts Officer
(1) The Head of Office shall, after ascertaining and assessing the Government or Railway dues referred to in rule 15, furnish the particulars thereof to the Accounts Officer in Form 9.
[Authority: RBE No.70/2016, No.2015/F(E)III/1(1)/4, 17.06.2016]
(2) If, after the particulars of railway dues have been intimated to the Accounts Officer under sub-rule (1), any additional railway dues come to the notice of the Head of Office, such dues shall be promptly reported to the Accounts Officer.
Pension Rule No.84: Payment Of Provisional Pension And Gratuity Through Money Order Or Bank Draft
If the provisional pension or gratuity or both, sanctioned under sub-rule (4) of rule 91, is desired to be paid by the pensioner through money order or bank draft, the same shall be remitted to him through money order or bank draft at his cost:
Provided that in the case of any pensioner who has been authorized payment of provisional pension not exceeding three thousand five hundred exclusive of the amount of relief on pension that amount shall, at the request of the pensioner, be remitted to him by money order at Railways expense.
[Authority: RBE No.70/2016, No.2015/F(E)III/1(1)/4, 17.06.2016]
Pension Rule No.85: Authorization Of Pension And Gratuity By The Accounts Officer
(1) (a) On receipt of pension papers referred to in rule 81, the Accounts Officer shall apply the requisite checks, record the account enfacement in Part II of Form 7 and assess the amount of pension, family pension and gratuity and issue the pension payment order not later than one month in advance of the date of the retirement of a railway servant on attaining the age of superannuation.
(b) In the cases of retirement otherwise than on attaining the age of superannuation, the Accounts Officer shall apply the requisite checks, complete Part II of Form 7, assess the amount of pension, family pension and gratuity, assess dues and issue the pension payment order within three months of the date of receipt of pension papers from the Head of Office.
(c) The Accounts Officer shall indicate in the Pension Payment Order, the name of the spouse of the railway servant, if alive, as family pensioner.
(d) The Accounts Officer shall also indicate in the Pension Payment Order, the names of the permanently disabled child or children and dependent parents and disabled siblings as family pensioners if there is no other member of family to whom family pension may become payable before such disabled child or children or dependent parents or disabled siblings.
(e) On receipt of a written communication from the Head of Office on an application from an existing pensioner or family pensioner, the Accounts Officer shall also indicate in the Pension Payment Order, the names of the permanently disabled child or children and dependent parents and disabled siblings as family pensioners if there is no other member of family to whom family pension may become payable before such disabled child or children or dependent parents or disabled siblings.
(f) The Pension Disbursing Authority shall authorize family pension to the members of family referred to in clause (c), (d) or clause (e) in accordance with the provisions of rule 100 in the order indicated in rule 75.
[Authority: RBE No.70/2016, No.2015/F(E)III/1(1)/4, 17.06.2016]
(2) The amount of gratuity as determined by the Accounts Officer under clause (a) of sub-rule (1) shall be intimated to the Head of Office with the marks that the amount of gratuity may be drawn for disbursement to the retired railway servant after adjusting the Government dues, if any, referred to in rule 15.
(3) The amount of gratuity withheld under sub-rule (5) of rule 16 shall be adjusted by the Head of Office against the outstanding license fee intimated by the Directorate of Estates and the balance, if any, refunded to the retired railway servant.
Pension Rule No.86: Railway Servants On Deputation
(1) In the case of a railway servant who retires while on deputation to a Central Government Department, action to authorize pension and gratuity in accordance with the provisions of this Chapter shall be taken by the Head of Office of the parent Department. [Authority: Notification vide letter no. F (E) III/94/PN-1/31 (Amendment) dated 3.2.95 –SO No. 511)
(2) In the case of a railway servant who retires from service, while on deputation to a State Government or while on foreign service, action to authorise pension and gratuity in accordance with the provision of this chapter shall be taken by the Head of Office of the cadre authority which sanctioned deputation to the State Government or to foreign service.
(3) In the case of Central Government employees belonging to various Ministries or Departments who happen to be on deputation to Railways at the time of their retirement, their pension cases shall be handled by the parent Ministry or Department from where they proceeded on deputation.
Pension Rule No.87: Interest On Delayed Payment Of Gratuity
(1) In all cases where the payment of gratuity has been authorized later than the date when its payment becomes due, including the cases of retirement otherwise than on superannuation, and it is clearly established that the delay in payment was attributable to administrative reasons or lapses, interest shall be paid at the rate applicable to State Railway Provident Fund amount in accordance with the instructions issued from time to time:
Provided that the delay in payment was not caused on account of failure on the part of the railway servant to comply with the procedure laid down by the Government for processing his pension papers.
[Authority: RBE No.70/2016, No.2015/F(E)III/1(1)/4, 17.06.2016]
(2) Every case of delayed payment of gratuity shall be considered by the General Manager or Administrative Head of the Railway Unit, as the case may be, and where the said General Manager or Administrative Head is satisfied that the delay in the payment of gratuity was caused on account of administrative reasons or lapse, he shall order for arranging the payment of interest. The powers to pass order for payment of interest on delayed payment of death-cum-retirement gratuity shall rest with General Manager or Administrative Head of the Railway Unit and shall not be delegated to any lower authority. [Authority: RBE No.70/2016, No.2015/F(E)III/1(1)/4, 17.06.2016]
(3) In all cases where the payment of interest has been ordered, the railway shall fix the responsibility and take disciplinary action against the railway servant or servants concerned who are found responsible for the delay in the payment of gratuity on account of administrative lapses.
[Authority: RBE No.70/2016, No.2015/F(E)III/1(1)/4, 17.06.2016]
(4) If as a result of Government’s decision taken subsequent to the retirement of a railway servant, the amount of gratuity already paid on his retirement is enhanced on account of-
(a) Grant of emoluments higher than the emoluments on which gratuity already paid was determined, or
(b) Liberalization in the provisions of these rules from a date prior to the date of retirement of the railway servant concerned, no interest on the arrears of gratuity shall be paid.
(5) Gratuity becomes due immediately on retirement and in case of a railway servant dying in service, action for finalizing his pension and death-cum-retirement gratuity shall be paid.