FRSR THEORY PDF

FUNDAMENTAL RULES (DEFINITIONS) Act : Act means the Government of India Act. (F.R.9 (1)) Administrator: Administrator means an Administrator of Union Territory appointed by the President under Article 239 of the Constitution and includes the Governor...

FUNDAMENTAL RULES (DEFINITIONS) Act : Act means the Government of India Act. (F.R.9 (1)) Administrator: Administrator means an Administrator of Union Territory appointed by the President under Article 239 of the Constitution and includes the Governor of Assam acting as Agent to the President in respect of the North-East Frontier Agency. (FR. 9 (1-A)) Allotment: Allotment means grant of a licence to a Government servant to occupy a house owned, leased or requisitioned by the Government or a portion thereof, for use by him as residence. (F.R.9(1-B)) Cadre: Cadre means the strength of a service or a part of a service sanctioned as a separate unit. (F.R.9 (4)) Compensatory allowance: Compensatory allowance means an allowance granted to meet personal expenditure necessitated by the special circumstances in which duty is performed. It includes a traveling allowance, but does not include a sumptuary allowance nor the grant of free passage by sea to or from any place outside India. (F.R. 9 (5)) Duty: (a) Duty includes – (F.R. 9 (6)) (i) service as probationer or apprentice provided that such service is followed by confirmation; and (ii) joining time (b) A Government servant may be treated as on duty— (i) during a course of instruction or training in India, or (ii) in the case of a student, stipendiary or otherwise, who is entitled to be appointed to the service of Government on passing through a course of training at a Univeristy, College or School in India, during the interval between the satisfactory completion of the course and his assumption of duties Fee: Fee means a recurring or non-recurring payment to a Government servant from a source other than the Consolidated Fund of India, or the Consolidated Fund of a State or the Consolidated Fund of a Union Territory whether made directly to the Government servant or indirectly through the intermediary of Government, but does not include --- (a) unearned income such as income from property, dividends, and interests on securities; and (b) income from literary, cultural, artistic, scientific or technological efforts and income from participation in sports activities as amateur. (F.R. 9 (6-A)) Foreign Service: Foreign Service means service in which a Government servant receives his pay with the sanction of Government from any soruce other than the Consolidated Fund of India or Consolidated Fund of a State or the Consolidated Fund of a Union territory. (F.R. 9 (7)) Honorarium: Honorarium means a recurring or non-recurring payment granted to a Government servant from the Consolidated Fund of India or the Consolidated Fund of a State or the Consolidated Fund of a Union Territory as remuneration for special work of an occasional or intermittent character. (F.R. 9 (9)) Joining time: Joining time means the time allowed to a Government servant in which to join a new post or to travel to or from a station to which he is posted. (F.R. 9 (10)) Leave Salary: Leave salary means the monthly amount paid by Government to a Government servant on leave. (F.R. 9 (12)) Lein: Lein means the title of a Government servant to hold on regular basis, either immediately or on the termination of a period or periods of absence, a post, including a tenure post, to which he has been appointed on regular basis and on which he is not on probation. (F.R. 9 (13)) Local fund: Local fund means (F.R. 9 (14)) (a) revenues administered by bodies which by law or rule having the force of law come under the control of Government, whether in regard to proceedings generally or to specific matters, such as the sanctioning of their budgets, sanction to the creation or filling up of particular posts, or the enactment of leave, pension or similar rules; and (b) the revenues of any body which may be specially notified by the president as such. Military Commissioned Officer: Military Commissioned Officer means a commissioned officer other than -- -(F.R. 9 (16(a))) i. a departmental commissioned officer; ii. a commissioned officer of the Indian Medical Department It does not include a warrant officer. Military Officer: Military Officer means any officer falling within the definition of Military Commissioned Officer, or included in sub-clause (i) or (ii) of clause (a) above or any warrant officer. (F.R. 9 (16 (b)) Ministerial servant: Ministerial servant means a Government servant of a subordinate service whose duties are entirely clerical, and any other class of servant specially defined as such by general or special order of the Central Government. (F.R. 9 (17)) Month: Month means a calendar month. In calculating a period expressed in terms of months and days, complete calendar months, irrespective of the number of days in each, should first be calculated and the odd number of days calculated subsequently. (F.R. 9 (18)) Officiate: A Government servant officiates in a post when he performs the duties of a post on which another person holds a lien. The Central Government may, if it thinks fit, appoint a Government servant to officiate in a vacant post on which no other Government servant holds a lien. (F.R. 9(19)) Overseas Pay: Overseas pay means pay granted to a Government servant in consideration of the fact that he is serving in a country other than the country of his domicile. (F.R. 9(20)) Pay: Pay means the amount drawn monthly by a Government servant as--- (F.R. 9 (21 (a))) (i) the pay, other than special pay or pay granted in view of his personal qualifications, which has been sanctioned for a post held by him substantively or in an officiating capacity, or to which he is entitled by reason of his position in a cadre; and (ii) overseas pay, special pay and personal pay; and (iii) any other emoluments which may be specially classed as pay by the President. Permanent Post : Permanent post means a post carrying a definite rate of pay sanctioned without limit of time. (F.R. 9 (22)) Personal Pay : Personal pay means additional pay granted to a Government servant --- (a) to save him from a loss of substantive pay in respect of a permanent post other than a tenurepost due to a revision of pay or to any reduction of such substantive pay otherwise than as a disciplinary measure; or (b) in exceptional circumstances, on other personal consideration. (F.R. 9 (23)) Presumptive Pay : Presumptive pay of a post, when used with reference to any particular Government servant, means the pay to which he would be entitled if he held the post substantively and were performing its duties; but it does not include special pay unless the Government servant performs or discharges the work or responsibility, in consideration of which the special pay was sanctioned. (F.R.9 (24)) Special pay: Special pay means an addition, of the nature of pay, to the emoluments of a post or of a Government servant, granted in consideration of --- (a) the specially arduous nature of the duties; or (b) a specific addition to the work or responsibility. (F.R. 9 (25)) Subsistence Grant: Subsistence grant means a monthly grant made to a Government servant who is not in receipt of pay or leave salary. (F.R. 9 (27)) Substantive pay : Substantive pay means the pay other than specialpay, personal pay or emoluments classed as pay by the President under Rule 9 (21) (a) (iii), to which a Government servant is entitled on account of a post to which he has been appointed substantively or by reason of his substantive position in a cadre. (F.R. 9 (28)) Temporary post : Temporary post means a post carrying a definite rate of pay sanctioned for a limited time. (F.R. 9 (30)) Tenure Post : Tenure post means a permanent post which an individual Government servant may not hold for more than a limited period. (F.R. 9 (30-A)) Time Scale: (F.R. 9 (31)) (a) Time-scale pay means pay which, subject to any condition prescribed in these rules, rises by periodical increments from a minimum to a maximum. It includes the class of pay hitherto known as progressive. (b) Time-scales are said to be identical if the minimum, the maximum, the period of increment and the rate of increment of the time-scales are identical. (c) A post is said to be on the same time-scale as another post on a time-scale if the two time-scales are identical and the posts fall within a cadre, or a class in a cadre, such cadre or class having been created in order to fill all posts involving duties of approximately the same character or degree of responsibility, in a service or establishment or group of establishments, so that the pay of the holder of any particular post is determined by his position in the cadre or class and not by the fact that he holds that post. Travelling Allowance: Travelling Allowance means an allowance granted to a Government servant to cover the expenses he incurs in traveling in the interest of the public service. It includes allowances granted for the maintenance of conveyances, horses and tents. (F.R. 9 (32)) Distinguish between Fee and Honorarium: Honorarium Fees 1. In terms of FR.9(7) - Honorarium means a 1. In terms of FR.9(6-A) - Fee means a recurring or non-recurring payment granted to recurring or non-recurring payment to a a Government servant from the Consolidated Government servant from a source other than Fund of India or the Consolidated Fund of a the Consolidated Fund of India, or the State or the Consolidated Fund of a Union Consolidated Fund of a State or the Territory as remuneration for special work of Consolidated Fund of a Union Territory an occasional or intermittent character whether made directly to the Government servant or indirectly through the intermediary of Government 2. The maximum amount of honorarium 2. The maximum amount of Fees that a payable to any Government servant should not Government servant can retain in full is limited exceed Rs.5000 per annum, but the Head of to Rs.1500 in a financial year. If the fees Circle is empowered to sanction only up to exceeds these limits, one-third of such fees, Rs.2500 in a year. which is in excess of Rs.1500 shall be remitted to Government. 3. Honorarium will be sanctioned as special 3. A Government servant may be permitted , if remuneration for work performed which is this can be done without detriment to his occasional or intermittent in character and official duties and responsibilities, to perform a either so laborious or of such special merit as specified service or series of services for a to justify a special reward. private person or body or for a public body including a body administering a local fund and to receive a remuneration therefor, if the service be material, a non-recurring or recurring fee. 4. Shall not be sanctioned unless the 4. No G.S. may undertake work for another sanctioning authority record in writing the Government or a private or public body or a reasons which in his opinion justify the grant of private person, or accept a fee therefor without the extra remuneration. the sanction of the Competent Authority, who certifies that the work can be undertaken by the Government servant, in writing. 1 These 17 Rules are called C.C.S. (Joining Time) Rules, 1979 and are effective from 8.5.1979. Rule.1 2 Joining time means time allowed to a Govt. Servant in which to join a new post or FR.9 (10) & to travel to a station to which he is posted. Rule 3(e) 3 Joining Time is admissible to all Govt. Servants on transfer in public interest. Rule 4(1) 4 Joining Time is not admissible in cases of temporary transfer not exceeding 180 days. Rule 4(1) 5 Joining Time shall commence from the date of relinquishment of charge of the old post. i.e. : If charge is made over on Forenoon then same day Rule 5 (1) If charge is made over on Afternoon then next day 6 Not more than one day Joining Time is allowed in case the transfer doesn’t involve change of residence. Rule 5(3) 7 When holidays follow(s) Joining Time, the normal Joining Time may be allowed to have been extended to cover such. Rule 5(4) 8 Joining Time admissible in cases of transfers involving change of residence as per following schedule: Rule 5(4) Distance JT admissible (in days) (in Kms) JT admissible (in days) (Where journey involves continuous travel by road for more than 200 Kms) 1000 or less 10 12 More than 1000 12 15 More than 2000 15* 15 * 12 days in cases of travel by air. 9 Distance from old headquarters to new headquarters means distance by direct route and ordinary mode(s) of travel Rule 5(4) 10 Joining Time can be extended, in contrary to Rule 5(4), upto a maximum of 30 days by Head of the Department and beyond 30 days by the Department Rule.5(5) 11 Un-availed Joining Time can be added to Earned Leave account provided that such addition doesn't exceed 300 days and the un-availed Joining Time is due to: a) the reasons that Govt. Servant is ordered to join without availing full JT b) the reason that the Govt. Servant proceeds alone to the new station and joins Rule.6(1) the post without availing full JT and takes his family later within the permissible period of time for claiming TA for the family 12 Joining Time can be combined with vacation and/or regular leave except casual leave. Rule.6(2) 13 If a Govt. Servant in transit is directed to proceed to a different place, he shall be entitled to a fresh spell of Joining Time from that place to his new destination, from Rule.6(3) the date following the date of receipt of revised orders 14 During Joining Time, the Govt. Servant is entitled to Pay and allowances equal to Pay and Allowances drawn by him immediately before relinquishment of charge Rule.7 15 During Joining Time, the Govt. Servant is entitled to CCA, HRA, Spl. Pay (if any) etc. equal to a rate applicable at old station Rule.7 16 During Joining Time, the Govt. Servant is not entitled to conveyance allowance, permanent Travelling Allowance Rule.7 17 As per Rule.4(1), JT is admissible in transfers of Public interest only. Therefore no JT is admissible for transfers on own request. Regular leave can be GiO.6 below granted this situation. Further, no leave is required to avail intervening holidays CCS (JT) during this situation. Pay for such leave/holidays will be borne by the Department Rules where Govt. servant joins after his transfer 18 Central Govt. Employees are entitled for Joining Time for appointment to posts under the Central Government on the results of a competitive examination(s) and/or interview open to Govt. Servants and others. However temporary Govt. Servants of Rule.4(4) Central Govt. who have not completed 3 years of regular continuous service, though entitled to JT would not be entitled to JT pay 19 Increment accruing while on JT will be released on the date on which it accrues, notionally. The benefit of the increment will however be admissible only from the GIO.12 date on which he reports to duty at new station below FR.26 20 Joining Time counts for increment FR.26(e) 21 Overstayal of JT attracts the provisions of unbecoming of Govt. Servant. Hence it attracts FR.15(a)(1). Further, the period of such overstayal of JT should be regularised by grant of leave, if the leave sanctioning authority agrees to do so. Otherwise, it attracts FR.17.A readwith G.I.D.(1) below FR.18 and the period will be treated as diesnon 22 The surplus staff transferred from one post to another shall be eligible for joining time. Rule.4(2) 23 Government servants who are discharged due to reduction of establishment are entitled for joining time : - if the orders of appointment to the new post were received by them while working in the old post. - if the orders of appointment were received after their discharge from the Rule.4(3) old post, the break period may be converted into joining time without pay by the Head of the Department, provided that the break does not exceed 30 days and the Government servant had rendered not less than 3 years continuous service on the date of his discharge 24 A Government servant proceeding on leave from/to a place in the remote locality or returning from leave to/from the said place shall be entitled, one in a calendar year, GIO.1 below to transit time each way to cover the period spent in journey between the said JT Rules remote locality and the specified station. 25 The above concession is also admissible to a Government servant, while on leave : - who is domiciled in any part of India other thanthe remote locality concerned and has been specifically recruited from outside for service in remote -do- locality; 26 Where the outward journey falls in one calendar year and the return journey falls in the succeeding year, the concession shall be counted against the calendar year in -do- which the leave commences. 27 In calculating transit time, holidays falling before or at the end of it shall be excluded while those falling during the transit time shall be included. -do- Let’s check : 1. Joining time Rules are effective from a) 08-05-1978 b) 08-05-1979 c) 08-05-1980 d) 08-05-1981 2. Joining time is admissible to all Government servants on transfer involving a) Own request b) Unilateral basis c) Mutual basis d) Public interest 3. In cases of relinquishment of charge on forenoon, Joining time commences from a) next day b) same day c) preceeding day d) afternoon 4. In cases of relinquishment of charge on afternoon, Joining time commences from a) next day b) same day c) preceeding day d) afternoon 5. A Government servant was relieved on 25-01-2010. His joining time commences from a) 25-01-2010 b) 26-01-2010 c) 27-01-2010 d) 25-01-2010 AN 6. Joining time is not admissible in case of : a) Temporary transfer b) Permanent transfer c) transfer in public interest d) Joining to a post which G.S is posted 7. If Stn. A & B are located 800 kms apart, Joining Time is admissible for : a) 12 days b) 15 days c) 10 days d) 1 day 8. Stn. C and D are 1372 kms apart. Joining Time is admissible for : a) 10 days b) 12 days c) 15 days d) 1 day 9. Stn. E and F are 971 kms apart and to commute the distance one has to necessarily travel by road for a continuous distance of 200 kms. Calculate Joining Time admissible: a) 10 days b) 12 days c) 15 days d) 1 day 10. In the above question, if continuous journey by road is more than 200 kms, the Joining Time admissible will be : a) 10 days b) 12 days c) 15 days d) 1 day 11. On transfer from Trivendrum to Jammu (2172 kms) a Group A officer availed air facility. Joining Time admissible to him will be : a) 10 days b) 12 days c) 15 days d) 1 day 12. In the above question, if the Government servant is a Gr.C employee and actually commutes the distance by train/road, the Joining Time admissible will be : a) 10 days b) 12 days c) 15 days d) 1 day 13. Calculate JT with the following details : Old Hqrs – Stn.A, New Hqrs – Stn.B, distance from A to C = 52 kms (by road), C to D = 1372 kms (by rail) & D to B = 190 kms (by road) a) 10 days b) 12 days c) 15 days d) 1 day 14. Admissibility of Joining Time in cases of transfer non involving change of residence will be : a) 10 days b) 12 days c) 15 days d) 1 day 15. Calculate JT with the following details : Old Hqrs – Stn.A, New Hqrs – Stn.B, distance from A to P = 140 kms (by road), P to Q = 655 kms (by rail), Q to R = 180 kms (by steamer) & R to B = 25 kms by road : a) 10 days b) 12 days c) 15 days d) 1 day 16. Calculate JT with the following details : Old Hqrs – Stn.A, New Hqrs – Stn.B, distance from A to P = 140 kms (by road), P to Q = 655 kms (by rail), Q to R = 190 kms (by road) & R to B = 12 kms (only tonga journey is available) : a) 10 days b) 12 days c) 15 days d) 1 day 17. Stn. A & B are 2300 kms apart. Calculate Joining time admissible : a) 10 days b) 12 days c) 15 days d) 1 day 18. When holiday(s) follow Joining Time, the holiday(s) are treated as : a) Suffixed b) Prefixed c) Leave d) extension of JT 19. In caseof transfer on mutual basis from Stn. A to B (752 kms apart), JT admissible will be : a) Nil b) 10 days c) 12 days d) 15 days 20. The following leave cannot be combined to Joining Time : a) Earned leave b) Half Pay Leave c) Commuted Leave d) Casual Leave 21. Distance from old Heqdquarters to new headquarters means a) Shortest possible route b) Slightly longer route c) longer route d) as declared by GS 22. Unavailed Joining Time can be credited to a) EL account b) HPL account c) Spl CL account d) CL account 23. Addition of unavailed JT to leave account is limited to a maximum of a) 300 days of EL b) 315 days of EL c) 315 days of HPL d) 300 days of HPL 24. Unavailed JT can be automatically credited to EL account: a) Yes b) No c) At discretion d) None of the above 25. If the Government servant proceeds alone to new station consequent on transfer, unavailed joining time can be credited to his account: a) Yes b) No c) At discretion d) None of the above 26. Can unavailed Joining Time be credited to the leave accunt of a Government servant, if he was ordered to report early without availing full joining time : a) Yes b) No c) At discretion d) None of the above 27. Can unavailed Joining Time be credited to the leave accunt of a Government servant, if he had reported to duty earlier on his own accord without availing full joining time : a) Yes b) No c) At discretion d) None of the above 28. Joining Time can be extended by Head of the Department up to a maximum of a) 15 days b) 20 days c) 25 days d) 30 days 29. Joining Time can be extended beyond 30 days by a) Head of Office b) Head of Department c) Ministry d) President of India 30. During Joining time pay and allowances will be regulated with reference to : a) New headquarters b) Old headquarters c) Average of both d) None of the above 31. During Joining Time the Government servant is not entitled to : a) HRA b) FPA c) Conveyance allow. d) Transport Allowance 32. During Joining time the Government servant is entitled to a) HRA b) Special Pay c) Transport allow. d) all the above 33. Pay during Joining time is equal to – Pay :- a) immediately drawn before relinquishment of b) after reporting to duty charge c) whichever, is more beneficial to the d) Pay at old headquarters plus 3% of pay plus Government servant grade pay 34. Mr. A on relinquishment of charge at Hyderabad on 14-08-2010 reported at Mumbai on 16-08- 2010. If his transfer is not in public interest, his absence on 15-08-2010 will be reqularized as: a) Leave b) Holiday c) Casual Leave d) Spl. Casual Leave 35 On transfer on own request, a Government servant reported after 3 days of gap at new headquarters. His absence can be reqularized as : a) Leave b) Holiday c) Casual Leave d) Spl. Casual Leave 36. Mr. A was on Joining Time from 26-06-2010 to 05-07-2010. His increment on 01-07-2010 can be: a) Postponed b) released in full c) released notionally d) withheld 37. Central Government servants if appointed to posts under Central Government as a result of competitive examinations/interview open to Government servants and others are eligible for : a) Earned leave b) Special Casual Leave c) Joining Time d) EOL 38. In cases of Central Government servants appointed to posts under Central Government as a result of competitive examinations/interview open to Government servants and others, Joining time with pay can be allowed, if his status is a ) temporary b) permanent c) on probation d) on suspension 39. In cases of temporary Central Government servants appointed to posts under Central Government as a result of competitive examinations/interview open to Government servants and others, Joining time with pay can be allowed, if he had completed a) 1 year of service b) 2 years of service c) 3 years of service d) 4 years of service 40. In case(s) of temporary Central Government servant(s) with 1 year of service, on appointment to post(s) under Central Government as a result of competitive examinations/interview open to Government servants and others, the following can be allowed a) JT without pay b) JT with full pay c) JT with half pay d) No JT & no Pay 41. Joining time cannot be extended during following circumstances a) natural calamities b) civil commotion c) situation beyond control of GS d) domestic reasons of GS 42. The competent authority may regularize the overstayal of Joining time as a) leave b) duty c) casual leave d) special casual leave 43. In case of transfer on own request, the intervening holidays between handing over & taking over can be treated as a) leave b) holidays c) duty d) diesnon 44. Old headquarters – HRA @ 20%; New headquarters – HRA @ 30%. During joining time HRA shall be regulated at following rate a) 25% b) 30% c) 20% d) No HRA 45. Mr. Malik proceeded on transfer from Station X to Y. Enroute on 17th May, at Stn. P, he received another order transferring him to Stn.Q in cancellation of earlier order. State when he should report to duty at Station Q, if distance between Stn.P to Stn.Q is 775 kms a) 27th May b) 28th May c) 29th May d) 30th May 46. On transfer to Stn. A to B (985 kms), Sri Khanna travelled by a slightly longer route (1002 kms) due to civil commotion, enroute. Calculate JT admissible to him a) 1 day b) 10 days c) 12 days d) 15 days 47. After availing JT a GS reported to duty on 05th July, 2010. State when his increment can be released, if 03rd and 04th July, 2010 were holidays on account of Saturday & Sunday. a) 1st July, 2010 b) 3rd July, 2010 c) 4th July, 2010 d) 5th July, 2010 48. On transfer in public interest, a GS was eligible for 12 days of Joining time. He availed 8 days of JT and reported to duty. The unavailed JT of 4 days can be credited to his: a) EL account b) HPL account c) Cannot be credited d) CL account 49. After availing Joining time Mr. A reported to duty on 10-10-2010 AN. His JT expires on 09-10- 2010. How his absence on 10-10-2010 FN will be regularized: a) Half day CL b) EL for 10-10-2010 c) HPL for FN d) EOL for Half day 50. A Government servant on relief, on transfer, applied for EL from 01-10-2010 to 08-10-2010 followed by JT from 09-10-2010 to 20-10-2010. Can the competent authority sanction this? a) Yes. JT can be b) No. First JT then EL c) cannot be d) entire 20 days to be combined combined treated as JT Fill in the blanks : 51. Joining time can be granted in case of transfer in ……………………… 52. Joining time commences from ……………………. if relinquishment of charge was made on FN. 53. Joining time commences from ……………………..if relinquishment of charge was made on AN. 54. In cases of transfer on own request, the pay and allowances for the intervening holidays/Leave shall be paid by the ………………………….. 55. Pay and allowqnces during Joining Time shall be equal to the rates which the GS was drawing at …………….. Headquarters. Key: 1. b 2. d 3. b 4. a 5. b 6. a 7. c 8. b 9. a 10. b 11. b 12. c 13. b 14. d 15. a 16. b 17. c 18. d 19. a 20. d 21. a 22. a 23. a 24. b 25. a 26. a 27. b 28. d 29. c 30. b 31. c 32. d 33. a 34. b 35. a 36. c 37. c 38. b 39. c 40. a 41. d 42. a 43. b 44. c 45. b 46. b 47. d 48. c 49. b 50. a 51. Public interest 52. Same day 53. Immediate next day 54. New headquarters 55. Old Retirements - Kinds of Retirements : 1 Every Government servant shall retire from service on the afternoon of the last FR.56(a) day of the month in which he attains the age of sixty years. Example : Arrive the date of Retirement of Governement servant whose date of birth is 12-03-1946 Sol : The Government servant completes the age of sixty years on 11-03-2006, hence his date of retirement will be on the last day of March, 2006 i.e. 31-03-2006 1(a) Provided that a Government servant whose date of birth is the first of a month Prov. to shall retire from service on the afternoon of the last day of the preceeding FR.56(a) month on attaing the age of sixty years. Example : Arrive the date of Retirement of Governement servant whose date of birth is 01-03-1946 Sol : The Government servant completes the age of sixty years on 28-02-2006, hence his date of retirement will be on the last day of February, 2006 i.e.28-02-2006 2 The Appropriate Authority shall, if it is of the opinion that it is in the public FR.56(j) interest so to do, have the absolute right to retire any Government servant by giving him notice of not less than three months in writing (or) three months’ pay and allowances in lieu of such notice; (i) If he is, in Group ‘A’ or Group ‘B’ service or post in a substantive or temporary capacity and had entered Government service before attaining the age of 35 years, after he has attained the age of 50 years; (ii) In any other case after he has attained the age of fifty-five years. 3 Any Government servant may, by giving notice of not less than three months in FR.56(k) writing to the appropriate authority, retire from service after he has attained the age of fifty years, if he is in Group ‘A’ or Group ‘B’ service or post, (and had entered Government service before attaining the age of thirty-five years), and in all other cases after he has attained the age of fifty-five years. 4 The Appropriate Authority shall, if it is of the opinion that it is in the public FR.56(l) interest to do so, have the absolute right to retire a Government servant in Class.III service or post who is not governed by any pension rules, after he has  completed thirty years’ service by giving him notice of not less than three months in writing or three months’ pay and allowances in lieu of such notice. 5 A Government servant in Class III service or post who is not governed by any FR.56(m) pension rules, may, by giving notice of not less than three months in writing to the Appropriate Authority, retire from service after he has completed thirty years’ of service. 6 At any time after a Government servant has completed thirty years’ qualifying Rule.48(1)(a) of CCS service, he may retire from servic Pension Rules, 1972 7 At any time after a Government servant has completed thirty years’ qualifying Rule.48(1)(b) service, he may be required by the Appointing Authority to retire in the public of CCS Pension Rules, interest. 1972 8 At any time after a Government servant has completed twenty years’ qualifying Rule.48-A of service, he may, by giving notice of not less than three months in writing to the CCS Pension Appointing Authority, retire from service. Rules, 1972 In cases of retirement(s) in terms of FR.56(j), FR.56(l) or Rule.48(1)(b), it shall be duty of the Appointing Authority to serve a notice of at least three months before the date on which he is required to retire in the public interest or three months’ pay and allowances in lieu of such notice. In cases of retirement(s) in terms of FR.56(k), FR.56(m), Rule.48(1)(a) or Rule.48-A, it shall be duty of the Government servant to give a notice in writing to the Appointing Authority at least three months before the date on which he wishes to retire. However, it shall be open to the Appointing Authority to accept notice of less than 3 months giving reasons therefor. Further, in all these cases, the Government servants who has elected to retire and has given the necessary notice to that effect shall be precluded from withdrawing his notice except with the specific approval of such authority (provided that the request for withdrawal shall be made before the intended date of his retirement). 9 A Government servant who, on being declared surplus to the establishment in Rule.29 of which he was serving, is eligible for the facility of being re-deployed through CCS Pension the Central (Surplus Staff) Cell located in the Department of Personnel and Rules, 1972 Training, Ministry of Personnel, Public Grievances and Pensions or in the case of a Group ‘D’ employee through the Directorate General, Employment and Training or can opt to retire voluntarily from service within two months from the date from which he is declared surplus. Pension – Classes of Pension: 1 Superannuation pension A superannuation pension shall be granted to a Government servant (Rule.35) who is retired on his attaing the age of compulsory retirement. 2 Retiring pension A retiring pension shall be granted – (Rule.36) (i) to a Government servant who retires, or is retired in advance of the age of the age of compulsory retirement in accordance with the provisions of Rule.48 or 48-A of Pension Rules, or FR.56 of the Fundamental Rules or Article 459 of the Civil Service Regulations; and (ii) to a Government servant who, on being declared surplus, opts for voluntary retirement in accordance with the provisions of Rule.29 of these rules. 3 Pension on absorption in A Government servant who has been permitted to be absorbed in a or under a corporation, service or post in or under a Corporation or Company wholly or company or body. substantially owned or controlled by the Central Government or a (Rule.37) State Government or in or under a Body controlled or financed by the Central Government or a State Government, shall be deemed to have retired from service from the date of such absorption and he shall be eligible to receive retirement benefits in any, from such date as may be determined, in accordance with the orders of the Central Government applicable to him. 4 Invalid pension Invalid pension may be granted if a Government servant retires from (Rule.38) the service on account of any bodily or mental infirmity which permanently incapacitates him for the service. 5 Compensation Pension If a Government servant is selected for discharge owing to the (Rule.39) abolition of his permanent post, he shall, unless he is appointed to another post the conditions of which are deemed by the authority competent to discharge him to be at least equal to those of his own, have the option (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 as may be offered and continuing to count his previous service or pension. 6 Compulsory retirement A Government servant compulsorily retired from service as a penalty pension may be granted, by the authority competent to impose such penalty, (Rule.40) pension or gratuity or both at a rate not less than two-thirds and not more than full compensation pension or gratuity or both admissible to him on the date of his compulsory retirement. 7 Compassionate A Government who is dismissed or removed from service shall forfeit Allowance his pension and gratuity; (Rule.41) Provided that the authority competent to dismiss or remove him from service may, if the case is deserving of special consideration sanction a Compassionate Allowance not exceeding two-thirds of pension or gratuity or both which would have been admissible to him if he had retired on compensation pension. Some important points on regulation of pension : 1 If a Government servant is unable to state his exact date of birth but can state the GIO 2 below month and year of birth, then 16th of the month shall be treated as his date of Rule.35 birth. Ex.: A Govt. servant stated that he was born during March, 1946. After due verification it will be presumed that his Date of birth is 16th March, 1946. 2 If a Government servant is unable to state his exact date of birth but can state the GIO 2 below year of birth, then 1st July of that year shall be treated as his date of birth. Rule.35 Ex.: A Govt. servant stated that he was born during 1946. After due verification it will be presumed that his Date of birth is 1st July, 1946. 3 If a Government servant is unable to state his date of birth but can only state GIO 2 below approximate age, then his date of birth shall be assumed to be the corresponding Rule.35 date after deducting the number of years representing his age from his date of appointment. Ex.: A Govt. servant stated that his age is approximately 25 years as on date of appointment i.e. 15-05-2005. After due verification, it will be presumed that his year of birth is 1980 and there after as per the procedure discussed above his date of birth will be presumed as 1st July, 1980 4 W.e.f. 01-11-1973 all Govt. servants shall retire from service on the afternoon of FR.56(a) read the last day of the month in which they attain the age of their retirement. with GIO 1 a) With effect from 13-05-1998 age of superannuation is 60 years. below Rule.35 b) Prior to 13-05-1998 age of superannuation is 58 years Ex.: A Central Govt. employee whose date of birth is 14-05-1945 shall retire from service on 31-05-2005 after noon. 5 A Government servant whose date of birth is the first of a month shall retire from Proviso below service on the after noon of the last day of the preceeding month on which he FR.56 attains the age of retirement. Ex.: A Central Govt. employee whose date of birth is 01-05-1945 shall retire from service on 30-04-2005 after noon. 6 The date of death of a Govt. servant shall be treated as working day, irrespective Rule.5(2) of time of death. Ex.: If a Govt. servant is reported died on 17-05-2005 at 00:15 A.M., then 17-05-2005 should be treated as his last working day. 7 The date of retirement in the cases of Government servants who are retiring Proviso below prematurely shall be treated as non-working day. Rule.5(2) Ex.: If a Govt. servant served a notice of voluntary retirement on 14-05-2005 then his retirement will be made on 14-05-2005 F.N. and for all purposes that date will be treated as a non-working day for him. 8 Qualifying Service of a Government servant commences from the date he takes Rule.13 charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity. 9 Qualifying Service commences from the day on which the Government servant Proviso 2(b) attains the age of 18 years, if he was appointed earlier than his attaining the age below Rule.13 of 18 years. Service before attaining the age of 18 years is treated as boy service and this will not count as qualifying service for the purpose of pension. 10 Service on probation against a post if followed by confirmation in the same or Rule.15 another post shall qualify for pension. 11 Service as an apprentice shall not qualify, except in the case of SAS apprentice in Rule.16 the Indian Audit and Accounts Department or the Defence Accounts Department. 12 Subject to certain conditions, service rendered on contract for a specified period Rule.17 and subsequently followed by appointment to the same or another post in a pensionable establishment without interruption of duty counts for pension. 13 Pre-retirement civil service counts for the purpose of pension in case of re- Rule.18 employed Government servants, subject to certain conditions. 14 Military service rendered before civil employment counts for the purpose of Rule.19 pension. 15 Periods spent on leave and Extra ordinary Leave granted on medical certificate Rule.21 counts as qualifying service for the purpose of pension. 16 Extra ordinary Leave without Medical Certificate also counts as qualifying Proviso below service in following cases: Rule.21 a) due to Govt. servant inability to join or rejoin duty on account of civil commotion, and\or b) for prosecuting higher scientific and technical studies. 17 Extra ordinary Leave without Medical Certificate also counts as qualifying GIO.1 below service in the absence of specific entry in the service book. Rule.21 18 The period of suspension counts as qualifying service, if the Govt. servant on Rule.23 conclusion of proceedings is fully exonerated or the suspension is held to be wholly unjustified. A specific entry in this regard should be made in the Service book 19 Absence of specific entry in service book, regarding the period of suspension and GIO.1 below its treatment, automatically counts as qualifying service for pension. Rule.23 20 Periods spent on Foreign Service will count as qualifying service. FR.115(a) 21 Non-receipt of pension contributions from Foreign employer during the period GIO.1(b) below spent on foreign service should have no bearing on finalization of pension i.e. FR.67 that period shall also be treated as qualifying service for pension. 22 Joining time counts as qualifying service for the purpose of pension. Rule.27(1)(e) 23 Dismissal or removal of a Government servant from a service or post entails Rule.24 forfeiture of his past service 24 A Government servant who is dismissed, removed or compulsorily retired from Rule.25(1) service, but is reinstated on appeal, is entitled to count his past service as qualifying service. 25 The period of interruption in service between the date of dismissal, removal or Rule.25(2) 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 of reinstatement. 26 Resignation from a service or a post, unless it is allowed to be withdrawn in the Rule.26(1) public interest by the Appointing Authority, entails forfeiture of past service 27 A resignation shall not entail forfeiture of past service if it has been submitted to Rule.26(2) take up, with proper permission, another appointment, whether temporary or permanent, under the Government where service qualifies. 28 Interruption between two spells of civil service shall be treated as automatically Rule.28(a) & condoned and the pre-interruption service treated as qualifying service. Rule.28(c) However, the period of interruption shall not count as qualifying service. 29 Interruption period between two spells of civil service shall be treated as Rule.26(3) qualifying service provided the gap is covered by grant of leave of kind due and admissible to the Government servant. 30 An interruption in the service of a Government servant entails forfeiture of his Rule.27 past service with few exceptions. 31 Dies-non doesn’t count as qualifying service for the purpose of Pension. GIO belowRule.27 32 In calculating the length of qualifying service, fraction of a year equal to three Rule.49(3) months and above shall be treated as a completed half-year and reckoned as qualifying service. Ex.: 32 years 2 months 29 days will be treated as 32 years 32 years 3 months will be treated as 32 1/2 years 32 years 8 months 29 days will be treated as 32 ½ years 32 years 9 months will be treated as 33 years 33. Qualifying service in excess of 33 years shall be rounded to 33 years Rule.49(2)(a) 34 Emoluments means basic pay as defined in FR.9 (21) (a) (1) which a Government Rule.33 servant was receiving immediately before his retirement or on the date of his death and will also include non-practising allowance. 35 Dearness Pay and Dearness Allowance on the date of retirement/death shall be GIO.4 below treated as emoluments for all types of Gratuity under Rules 49 and 50 w.e.f. 1.1.1996. Rule.33 36 Average emoluments shall be determined with reference to the emoluments drawn by Rule.34 a Government servant during the last ten months of his service. 37 If during the last ten months of his service, a Government servant had been absent Note.1 below from duty on leave for which leave salary is payable or having been suspended had Rule.34 been reinstated without forfeiture of service, the emoluments which he would have drawn had he not been absent from duty or suspended shall be taken into account for determining average emoluments. 38 If during last ten months of his service, a Government servant had been on foreign Note.7 below service, then the pay drawn by him during foreign service shall not be treated as Rule.33 emoluments for the purpose of average emoluments, but the pay which he would have drawn had he not been on foreign service shall alone be treated as emoluments. 39 In the case of a Government servant who was on earned leave during the last ten Note.3 below months of his service and earned an increment which was not withheld, such Rule.34 increment though not actually drawn shall be included in the average emoluments, if the increment falls due during the first one hundred and twenty days of earned leave. 40 If during the last ten months of his service, a Government servant had been absent Note.2 below from duty on extraordinary leave, or had been under suspension the period whereof Rule.34 does not count as service, the aforesaid period of leave or suspension shall be disregarded in the calculation of the average emoluments and equal period anterior to the ten months shall be included. 41 In calculating average emoluments containing incomplete months, the factor dividing GIO.3 below these split months shall be taken as 30, irrespective of the number of days of the Rule.34 month. The definition of month should be strictly followed in such calculations. Service Pension (Rule.49): 1 In case of Government servant retiring in accordance with the provisions of these rules after completing qualifying service of not less than twenty years, the amount Rule.49 (2) (a) of pension shall be calculated at 50% of emoluments. 2 In case of Government servant retiring in accordance with the provisions of these rules before completing qualifying service of twenty years, but after completing Rule.49 (2) (b) 10 years of qualifying service, the amount of pension shall be calculated at 50% of emoluments 3 If the emoluments drawn by a Government servant are less than the average emoluments, otherwise than as penalty, then average emoluments shall be GIO (4) below Rule.49 substituted for emoluments while calculating pension. 4 In case of persons retiring in accordance with the provisions of these rules, the minimum pension in these cases shall not be less than Three thousand five GIO (4) below Rule.49 hundred and Maximum pension shall not exceed Forty five thousand rupees. 5 The amount of pension finally determined under Rule.49 shall be expressed in whole rupees and where the pension contains a fraction of a rupee, it shall be Rule.49 (4) rounded to the next higher rupee. 6 The quantum of pension payable to old pensioners shall be increased with GID (5) below reference to their basic pension, on their attaining the age as indicated below: Rule.49 80 & above – 20% 85 & above – 30% 90 & above – 40% 95 & above – 50% 100 & above – 100% Simple Examples on calculation of pension : 1 Calculate Pension admissible in case of Mr.X whose qualifying service is 24 years and whose emoluments are Rs.18900 ? Sol. Service Pension = 50% of Emoluments Rule.49 (2) (a) = 50% of 18900 = Rs.9450 per month 2. Calculate Pension admissible in case of Mr.X whose qualifying service is 17 years and whose Emoluments are Rs.19000. Sol. Service Pension = 50% of Emoluments Rule.49 (2) (b) = 50% of 19000 = Rs.9500 per month Gratuities: 1(a) Service Gratuity (Rule.49 (1): In case of Government servant retiring in accordance with the provisions of these rules before completing qualifying service of ten years, the amount of service gratuity shall be calculated at the rate of half month’s emoluments for every completed six monthly period of qualifying service. (b) Retirement Gratuity (Rule.50 (1) (a)) A Government servant, who has completed five years of Qualifying service and has become eligible for service gratuity or pension under Rule.49, 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 16.5 times the emoluments. (c) Death Gratuity (Rule.50 (1) (b)) If a Government servant dies while in service, the death gratuity shall be paid to his family in the manner indicated in Rule.50 (1) at the rates given below: Length of service Rates of death gratuity (i) Less than 1 year 2 times of emoluments (ii) One year or more but less than 5 years 6 times of emoluments (iii) 5 years or more but less than 20 years 12 times of emoluments (iv) 20 years or more ½ of emoluments for every completed six- monthly period of qualifying service subject to a max. of 33 times of emoluments. 2 Retirement gratuity or death gratuity payable under this rule shall in no case GID.8 below Rule.50 exceed Rupees Ten lakhs. 3 The emoluments for the purpose of gratuity admissible under this rule shall be reckoned in accordance with Rule.33. However, in cases where the emoluments of a Government servant have been reduced during last ten months Rule.50 (5) of his service, otherwise than as a penalty, average emoluments as referred in Rule.34 shall be treated as emoluments for the purpose of Gratuity 4 Retirement Gratuity or Death Gratuity finally calculated contains a fraction of Proviso.2 below a rupee; it shall be rounded off to the next higher rupee. Rule.50(1) 5 The benefit of Death Gratuity is admissible in cases of suicide also. GID.2 below Rule.50 Simple Examples on calculation of gratuties : Ex.1 Mr.X retired from service after completing 8 years of qualifying service on 30-06-2009. He was drawing a pay of Rs.16000 in PB.1 with grade pay of Rs.2000. He was in receipt of Non-practising allowance at the rate of 25%of his pay. Calculate Service gratuity if the rate of DA on 30-06-2009 is 22%. Sol: Qualifying service = 8 years Rule.49 (1) Emoluments for the purpose of Gratuity = Pay + GP +NPA + DA = 16000 + 2000 + 4500 + 4950 = 27450 Service gratuity = ½ X emoluments X Completed six monthly periods = ½ X 27450 X 16 = 219600 in-lump Ex.2 Mr.X retired from service after completing 28 years of qualifying service on 30-06-2009. He was drawing a pay of Rs.16000 in PB.1 with grade pay of Rs.2000. He was in receipt of Non-practising allowance at the rate of 25%of his pay. Calculate Retirement gratuity if the rate of DA on 30-06-2009 is 22%. Sol: Qualifying service = 28 years Rule.50 (1) (a) Emoluments for the purpose of Gratuity = Pay + GP + NPA + DA = 16000 + 2000 + 4500 + 4950 = 27450 Retirement gratuity = 1/4 X emoluments X Completed six monthly periods = 1/4X 27450 X 56 = 384300 in-lump Ex.3 Mr.X died while in service after completing 28 years of qualifying service on 30-06-2009. He was drawing a pay of Rs.16000 in PB.1 with grade pay of Rs.2000. He was in receipt of NPA at the rate of 25%of his pay. Calculate Death gratuity if the rate of DA on 30-06-2009 is 22%. Sol: Qualifying service = 28 years Emoluments for the purpose of Gratuity = Pay + GP + NPA + DA = 16000 + 2000 + 4500 + 4950 = 27450 Rule.50 (1) (b) Retirement gratuity = 1/2 X emoluments X Completed six monthly periods = 1/2X 27450 X 56 = 768600 in-lump Example : Mr.X retired on superannuation after completing of a qualifying service of 32 years on 31-10-2009. He was drawing a pay of Rs.27000 & grade pay of Rs.5400 in PB-2 with effect from 01-07-2007. He was promoted to an excadre post in PB-3 with a grade pay of Rs.6600 w.e.f 01-07-2007. He was reverted back to his cadre post on 30-06-2009. Determine his eligibility towards Pension & Retirement Gratuity. Solution: Regulation of Pay 9300-34800 15600-39100 Period Remarks GP – Rs.5400 GP – Rs.6600 01-07-2007 27000 +5400 27980 + 6600 FR.22.I.(a)(1) 30-06-2008 01-07-2008 (27980 + 5400) 29020 + 6600 FR.26(a) 30-06-2009 01-07-2009 28990 + 5400 Reverted 31-10-2009 On a comparision of pay drawn by the Government servant during last 10 months of his service, the pay drawn by him on the date of retirement is less, otherwise than as penalty. Hence in terms of GID.4 below rule.49 and Rule 50(5), average emoluments shall be computed for the purpose of pension and retirement gratutity as detailed below: Emoluments for Pension (GID.4 below Rule.49) No. of GP (Pay+DP) Total Period Pay Months 01-01-2009 30-06-2009 6 29020 6600 35620 213720 01-07-2010 4 28990 5400 34390 137560 31-10-2010 Total 351280 Average Emoluments for pension = 351280 / 10 =35128 Emoluments for Retirement Gratuity [Rule.50(5)] Average Emoluments = Average Emoluments for Pension + DA = 35128 + (27% of 35128) = 35128 + 9485 = Rs.44613 Pension admissible = 50% of average emoluments = 50% of 35128 = Rs. 17564 per month Retirement Gratuity = 1/4th average emoluments X CSMPs = 1/4th of 44613 X 64 = Rs.713808 in lump Family Pension (Rule.54): 1 The family of a Government servant is eligible for family pension, if the Rule.54 Government servant dies: (a) after completion of one year of continuous service; or (b) before completion of one year of continuous service, provided the deceased Government servant concerned immediately prior to his appointment to the service or post was examined by the appropriate Medical Authority and declared fit by that authority for Government service; or (c) after retirement from service and was on the date of death in receipt of a pension, or Compassionate Allowance. 2 Family Pension shall be at a uniform rate of 30% of pay last drawn i.e. GID.19 below emoluments referred to in Rule.33 Rule.54 3 The amount of family pension shall be fixed at monthly rates and be expressed in Rule.54 (2-A) whole rupees and where the family pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee. 4 In case the pay last drawn by a Government servant is less than the average Rule.54 (14) emoluments, otherwise than as penalty, Family pension may be computed as 30% (c) (ii) of average emoluments. Family Pension at enhanced Rates (Rule.54): 1 If a Government servant dies while in service after having rendered not less than Rule.54 (3) (a) seven years continuous service, the rate of family pension payable to the family (i) shall be equal to 50% of the pay last drawn. 2 Family pension authorized in above cases shall be paid up to a maximum of 10 GID.19 below years from the date following the date of death of the Government servant or up Rule.54 to the date on which the deceased Government servant would have attained the age of 67 years had he survived, whichever is earlier and there after family  pension at normal rates are payable. 3 If a Government servant dies after retirement, the family pension payable to the Rule.54 (3) (a) family of the deceased pensioner shall be equal to 50% of the pay last drawn or (ii) Pension authorized on retirement, whichever is least. 4 Family pension authorized in above cases shall be paid up to a maximum of 7 GID.22 below years from the date following the date of death of the Government servant or up Rule.54 to the date on which the deceased Government servant would have attained the age of 67 years had he survived, whichever is earlier and there after family pension at normal rates are payable. 5 If a deceased GS/pensioner leaves behind a widow/widower, the family pension Rule.54 (8) (ii) shall become payable to the widow/widower, failing which to the eligible child. 6 Family pension to the children shall be payable in the order of their birth and the Rule.54 (8) younger of them will not be eligible for family pension unless the elder next above (iii) him/her has become ineligible for the grant of family pension. 7 Family pension is payable to widow or widower, up to the date of their death Rule.54 (6) (i) or re-marriage, whichever is earlier. 8 Family pension can be paid to: GID.21 below a) Sons, until they attain the age of 25 years or up to the date of their Rule.54 marriage or until they starts earning Rs.2550 or more, per month; b) Daughters, until they attain the age of 25 years or up to the date of their marriage or until they starts earning Rs.2550 or more, per month; c) Widowed/divorced daughters, till their life time or up to the date of their re-marriage or until they earn Rs.2550 or more, p.m.; d) Parents, who were wholly dependent on the Government servant when he/she was alive, provided the deceased employee had left behind neither a widow nor a child. Family pension in this case will be payable provided their earnings are not more than Rs.2550, per month. 9 In case, if Family Pension is authorized to parents of the Government servant, GID.19 below then, the same is not payable at enhanced rates. Rule.54 10 Where a family pension is payable to twin children, it shall be paid to such Para 7(d) of children in equal shares. Rule.54 Commutation of Pension (C.C.S. Commutation of Pension Rules, 1981) : 1 A Government servant shall be entitled to commute for a lump sum payment a Rule.5 (1) fraction not exceeding 40% of his pension. 2 If fraction of pension to be commuted results in fraction of rupee, such fraction of Rule.5 (3) a rupee shall be ignored for the purpose of commutation. 3 The lump sum payable to an applicant shall be calculated in accordance with the Rule.8 table of the values prescribed from time to time and applicable to the applicant on the date on which the commutation becomes absolute. Commutation value of pension = Commuted Fraction of Pension X Commutation Factor X 12 4 Commuted value of pension, if results in a fraction, shall be rounded off to the GID.1 below next higher rupee. Rule.8 5 Commuted portion of pension will be restored after fifteen years from the date of GID.2 & 3 commutation. below Rule.10 6 Application for commutation of pension received after one year of retirement Rule.13 (1) r/w requires applicant’s medical fitness certificate by appropriate medical authority. Rule.18(v) 7 Fee for medical examination to be borne by the applicant. Rule.23 8 Residuary pension is operative from the date of receipt of the CVP or at the end Proviso below of three months after issue of authority by the Accounts Officer, or on the date at Rule.6 (1) which the CVP is credited by the bank to the applicants account. Commutation table with effect from 01-01-2006 Age Age Age Age Comm. Comm. Comm. Comm. next next next next Factor Factor Factor Factor birthday birthday birthday birthday 51 8.808 56 8.572 61 8.194 66 7.591 52 8.768 57 8.512 62 8.093 67 7.431 53 8.724 58 8.446 63 7.982 68 7.262 54 8.678 59 8.371 64 7.862 69 7.083 55 8.627 60 8.287 65 7.731 70 6.897 Rates of Dearness Allowance sanctioned from 01-01-2006 to-date: From DA From DA From DA From DA 01-01-2006 - 0% 01-07-2006 - 2% 01-01-2011 - 51% 01-07-2011 - 58% 01-01-2007 - 6% 01-07-2007 - 9% 01-01-2012 - 65% 01-07-2012 - 72% 01-01-2008 - 13% 01-07-2008 - 16% 01-01-2013 - 80% 01-07-2013 - 90% 01-01-2009 - 22% 01-07-2009 - 27% 01-01-2014 - 100% 01-07-2014 - 107% 01-01-2010 - 35% 01-07-2010 - 45% 01-01-2015 - * 01-07-2015 - * 113 % expected. Example : Calculate the Pension, Retirement Gratuity, Commuted value of Pension and Residuary Pension in respect of Sri XYZ, a Senior Audit Officer of IA & AD, retired on invalid grounds, with the following details: 1) Date of Birth : 14-07-1955 2) Date of Appointment in IA & AD was 17-05-1979 3) He had availed following spells of leave during his service, besides Earned leave a) Commuted leave for 26 days with effect from 05-05-1982. b) Half Pay leave for 28 days with effect from 01-02-1992 c) Extraordinary leave on medical grounds for 77 days from 14-05-1995. d) Extraordinary leave with out medical certificate from 18-09-1997 to 03-10-1997 e) Half Pay leave from 07-05-2004 to 22-05-2004 and in continuation he had availed extraordinary leave for his daughter’s marriage up to 17-06-2004. f) Leave no due for 18 days wef 19-01-2005. 4) He had participated in a strike for one day on 18-05-1979, which was condoned by competent authority in terms of GID below Rule.27 of CCS (Pension) Rules, 1972. 5) He was under suspension during the period from 01-11-1989 to 12-05-1990. Upon conclusion of proceedings the reinstatement order indicated that the period of suspension would be treated as leave of kind due and admissible. 6) He was drawing a pay of Rs.28000 in PB-2 with grade pay of Rs.5400 w.e.f. 01-07-2008. 7) He retired from service on 13-07-2008 on invalid grounds. 8) He opted to commute the maximum permissible portion of Pension interms of Rule.5(1) of CCS (Commutation of Pension) Rules, 1981. 9) Sri XYZ expired on 05-09-2008. Calculate the family pension admissible to each member of the retired Government servant’s family, with the following details: a) Wife : Expired on 12-04-2010 b) Daughter (D1) : Her date of birth is 13-05-1986 and got married on 09-02-2010 c) Son (S1) : His date of birth is 16-07-1989 d) Son (S2) : He is mentally retarded and was born on 19-07-1991 e) Daughter (D2) : She was born on 22-02-1993 Sol. : 1 Date of Birth : 14-07-1955 2 Date of Appointment : 17-05-1979 3 Date of Retirement : 12-07-2008 4 Gross Qualifying Service dd Mm yy 1979 15 07 00 1980 to 2007 00 00 28 2008 12 06 00 Total 27 01 29 : 29 years 01 months 27 days 5 Non Qualifying Service 1. EOL from 23-05-2004 26 00 00 to 17-06-2004 2. Dies-non 01 00 00 Total 27 00 00 : 00 years 0 months 27 days 6 Net Qualifying Service dd Mm yy Gross Qualifying service 30 11 28 Non Qualifying service 27 00 00 Total 03 11 28 29 years 01 months 0 days : (or) 29 years or 58 CSMPs [Rule.49(3)] 7 Regulation of Pay for the purpose of Pension: Pay as on 12-07-2008 : Rs.28000 + Rs.5400 = Rs.33400 8. Emoluments (Rule.33): Emoluments for the purpose of Pension and other benefits : 28000 + 5400 = 33400 Emoluments for Gratuities [GIO.4 & 5 below Rule.33] : 28000 + 5400 + 5344 = 38744 9. Average Emoluments (Rule.34) The pay last drawn by the Government servant is more than the average emoluments and hence no need to work-out the average emoluments. Invalid Pension (Rule.38) Pension = 50% of Emoluments = 50% of 33400 = 16700 p.m. [Rule.49(2)] Since the Government servant retired on invalid grounds, he becomes eligible for Invalid Pension (a class of pension) at Rs.16700 per month with effect from 13-07-2008. Retirement Gratuity [Rule.50 (1) (a)]: Retirement Gratuity = ¼ X Emoluments X Completed Six monthly periods = ¼ X 38744 X 58 = 561788/-. Retirement Gratuity amounting to Rs.561788 payable in lump on or after 13-07-2008. Family Pension [Rule.54]: Family pension = 30% of Pay last drawn = 30% X 33400 = 10020/- Family Pension at Enhanced rates[Rule.54(3)(a)(ii)]: Family pension at enhanced rates will be the least of the following : a) 50% of Pay last drawn = 50% X 33400 = Rs.16700 b) Service pension = 16700  Family pension is payable at Rs.16700 per month to the eligible family members of the Government servant for a period of 7 years from the date following the date of death of the Government servant or up to 13-07-2022, whichever is earlier and thereafter at Rs.10020 per month. As the Government servant expired on 06-09-2008, his family is eligible for Family Pension at enhanced rates for 7 years from 07-09-2008 to 06-09-2015.In accordance with the particulars given, family pension can be paid to the family members as per the following schedule: Member From To Rate Event making them ineligible Wife 07-09-2008 12-04-2010 16700 Death Son (S1) 13-04-2010 15-07-2014 16700 attaining the age of 25 years Son (S2) 16-07-2010 06-09-2015 16700 enhanced pension only to this date Son (S2) 07-09-2015 18-07-2016 10020 attaining the age of 25 years Daughter (D2) 19-07-2016 21-02-2018 10020 attaining the age of 25 years Son (S2) 22-02-2018 till life time 10020 Subject to not marrying & earning Elder daughter (D1) is not eligible for family pension since she got married prior to the demise of her mother. Commutation of Pension (CCS (Commutation of Pension) Rules, 1981): Maximum Commutable portion of pension = 40% of Service Pension = 40% of 16700 = 6680 [Birthday after retirement = 14-07-2008] Age next Birthday = 53 years Commutation Factor = 8.724 Commutation value of pension = 6680 X 8.724 X 12 = Rs.699315.84 or 699316 in lump Residual Pension: Residual Pension = Original pension – Commuted portion of pension = 16700-6680 = Rs.10020 per month The original pension will be restrored after 15 years. However, the pensioner receives Dearness Relief on Original pension and not on residual pension. Residuary Gratuity : [Rule.50(2)] If a Government servant who has become eligible for a service gratuity or pension, dies within five years from the date of the retirement from service including compulsory retirement as a penalty and the sums actually received by him at the time of his death on account of such gratuity or pension including ad-hoc increase, if any, together with the retirement gratuity admissible under sub-rule (1) of Rule.50 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. Solve the following questions & 18-08-1998 Payment of Retirement/Death benefits to the family of a missing Government servant whose Whereabouts are not known: [GID 9,10,11 & 12 below Rule.54] In terms of Section 108 of The Indian Evidence Act, 1872 a person who had suddenly disappeared and whose whereabouts are not known cannot be deemed to be dead unless a period of 7 years has elapsed since the date of his disappearance. The period of 7 years can be construed from a date from which he has not been heard by those who would have heard of him if he had been alive. Further, the burden of proving that he is alive is shifted to the person who affirms it. In cases where a Government servant had suddenly disappeared and whose whereabouts are not known, it is the primary responsibility of the family of the missing employee to lodge a complaint with the concerned police station and obtain a report that the employee has not been traced after all efforts had been made by the police. In these cases, the family of the missing employee can be paid the following amounts a) Amount of salary due, leave encashment due and the amount of GPF, at the first instance. b) After the lapse of a period of one year from the date on which FIR was lodged, other retirement benefits viz. Retirement Gratuity, Family Pension may also be granted. Though family pension is authorized after lapse of 1 year, the arrears of family pension shall be paid from the date on which FIR was lodged to the date it was issued. c) After a lapse of 7 years from the date on which FIR was lodged, the missing employee can be treated as dead, in view of Section 108 of The Indian Evidence Act, 1872. Hence, the family of the missing employee becomes eligible for Death Gratuity and family pension at enchanced rates. In terms of Rule.54(3)(a)(i), family pension at enhanced rates is payable for a period of 7 years from the date of death of the Government servant or up to the date on which he attains the age of 67 years, whichever is earlier. Hence, the family previously sanctioned with family pension at normal rates now will be authorized with family pension at enhanced rates as per the normal procedure and arrears from the date on which FIR was lodged will be drawn and paid. Differential amount of Death gratuity and Retirement gratuity (already paid after the lapse of 1 year) will also be drawn and paid. The above amounts can be paid after the family furnishes an Indemnity Bond stating that all payments will be adjusted against the payments due to the employee, in case, he appears on the scene and makes any claim. Further, the Head of the Office will assess all Government dues outstanding againt the Government servant and affect their recovery before payment of above amounts. Let’s check : 1. Every Government servant shall retire from service on the last day of the month in which he attains the age of a) 58 years b) 59 years c) 60 years d) 62 years 2. A Group A/B Government servant can opt to retire voluntarity on attaining the minimum age of a) 50 years b) 55 years c) 58 years d) 60 years 3. A Group C/D Government servant can opt to retire voluntarity on attaining the minimum age of a) 50 years b) 55 years c) 58 years d) 60 years 4. The provision of FR.56 (j) & (k) are applicable to Group A/B Government servant if they had entered service before attaining the age of a) 50 years b) 55 years c) 58 years d) 35 years 5. The minimum notice period required for voluntary retirement is a) 3 months b) 4 months c) 6 months d) 8 months 6. State the date of retirement of a Government servant whose date of birth is 01-03-1951 a) 31-03-2011 b) 28-02-2011 c) 31-03-2010 d) 29-02-2012 7. State the date of retirement of a Government servant whose date of birth is 13-03-1951 a) 31-03-2011 b) 28-02-2011 c) 31-03-2010 d) 29-02-2012 8. Every Government servant can opt to retire voluntarily after completing the qualifying service of: a) 25 years b) 30 years c) 33 years d) 20 years 9. The appointing authority can retire a Government servant voluntarily, in public interest after completing a minimum qualifying service of a) 25 years b) 30 years c) 33 years d) 20 years 10. In cases where a Government servant opt to retire voluntarily, minimum notice period required is a) 1 day b) 1 week c) 1 month d) 3 months 11. Which of the following Rule is not applicable for voluntary retirement if individual is opting for it: a) FR.56 (k) b) Pension Rule 48(1)(a) c) Pension Rule 48(1)(b) b) Pension Rule 48.A 12. Pension Rules are not applicable to those who were appointed on are after a) 01-04-2005 b) 01-01-2004 c) 01-09-2004 d) 01-10-2004 13. A pension granted to those who retired on superannuation is a) Superannuation pension b) retiring pension c) Compensation pension d) Compulsory retirement pension 14. A pension granted to those who retired voluntarily is a) Superannuation pension b) retiring pension c) Compensation pension d) Compulsory retirement pension 15. A class of pension granted to a Government servant who retires from service owing to abolision of his permanent post is a) Superannuation pension b) retiring pension c) Compensation pension d) Compulsory retirement pension 16. A class of pension granted to a GS who was compulsorily retired as a measure of penalty is  a) Superannuation pension b) retiring pension c) Compensation pension d) Compulsory retirement pension 17. A class of pension granted to a Government servant who retires from service on account of bodily or mental infirmity which permanently incapacitates him from service is a) Superannuation pension b) retiring pension c) Invalid pension d) Compulsory retirement pension 18. In cases of persons who were removed/dismissed from service, the competent authority may grant a) Compensation pension b) Subsistence allowance c) Extraordinary pension d) Compassionate allowance 19. Compulsory retirement pension shall not be less than ………………of compensation pension a) 50 % b) 66 2/3 % c) 75 % d) 100 % 20. Compassionate allowance shall not exceed ……………… of compensation pension a) 50 % b) 66 2/3 % c) 75 % d) 100 % 21. If a GS cannot state his exact date but can state month and year, his birth date will be treated as a) 1st of that month b) 15th of that month c) 16th of that month d) last day of month 22. If a GS cannot state the date and month but can state year of his birth, then his date of birth is a) 1st January of that year b)30th June of that year c)1st July of that year d) 31st July of that year 23. The date of birth of a GS whose month and year of birth is May 1957 a) 01-01-1957 b) 31-05-1957 c) 01-05-1957 d) 16-05-1957 24. The date of birth of a Government servant who was born in 1956 and date and month not known: a) 1st January 1956 b) 1st July 1957 c) 16th July 1957 d) 1st July 1956 25. The date of birth of a GS whose age is approx. 26 years as on 10-10-2010 and details not known is a) 1st July 1983 b) 1st July 1984 c) 1st July 1985 d) 10th October 1984 26. In all caes of premature retirements, the last day for the purpose of pension shall be treated as a) Dies-non b) Non qual. service c) Qualifying service d) duty 27. The date of death for the purpose of pension shall be treated as a) Dies-non b) Non qual. service c) Qualifying service d) duty 28. The date of retirement in cases of GSs who were retiring prematurely shall be treated as a) Dies-non b) Non qual. service c) Qualifying service d) duty 29. In caes of superannuation/absorption in a PSU, the last day shall be treated as a) Dies-non b) Non qual. service c) Qualifying service d) duty 30. Qualifying service for pension commences from this day a) appointment b) conformation c) substantive d) officiating 31. In cases where appointment was made before attaining the age of 18 years, qualifying service for pension starts from this date a) appointment b) conformation c) age of 18 years d) age of 25 years 32. For the purpose of pension, service on probation shall be a) Non qual. Service b) Qualifying service c) half service d) excluded qualifies 33. Service rendered on contract for a specified period and subsequently followed by appointment to same or another post, without interruption shall be treated as …………………. for pension. a) Non qual. Service b) Qualifying service c) half service d) excluded qualifies 34. The following service doesn’t count as qualifying service for pension a) pre retirement civil service b) apprentice service c) Railway service d) Military service 35. The following doesn’t count as qualifying service for pension a) all leave b) EOL without MC c) Unregularized absence d) Suspension 36. Specific entryis essential in which of the following caes, for treating the period as qualifying service for pension a) EOL b) Suspension c) Foreign Service d) all the above 37. Which of the following events entail forfeiture of past service a) Resignation b) Dismissal c) Removal d) all the above 38. The following counts as qualifying service for pension a) Foreign service b) Joining time c) Leave not due d) all the above 39. The following doesn’t count as qualifying service for pension b) EOL in a situation c) EOL on domestic d) EOL for approved a) EOL with MC beyond the control of GS grounds study 40. Qualifying service in excess of 33 years shall be restricted to a) 20 years b) 33 years c) 25 years d) shall not be rounded 41. Emoluments for the purpose of pension means a) Pay b) Pay + Grade pay c) Pay + GP + NPA d) Pay+GP+NPA+DA 42. Average emoluments for the purpose of pension means a) average of pay drawn during last 10 months b) Average of pay drawn during last 5 months c) average of pay drawn during last 12 months d) average of emoluments drawn during last 10 months 43. Qualifying service of 31 years 8 months 29 days shall be rounded as a) 31 years b) 31.5 years c) 32 years d) 33 years 44. Qualifying service of 31 years 8 months 30 days shall be rounded as a) 31 years b) 31.5 years c) 32 years d) 33 years 45. 35 years 3 months 18 days of qualifying service shall be rounded as a) 35 years b) 35.5 years c) 36 years d) 33 years 46. 31.5 years of qualifying service when converted to completed six monthly periods (CSMPs) will be a) 62 CSMPs b) 63 CSMPs c) 64 CSMPs d) 66 CSMPs 47. Pension shall be equal to a) 50 % of emoluments b) 40% of emol. c) ¼ th of emol. d) 75% of emol. 48. In all caes where qualifying sercie is equal to or greater than 10 years but less than 20 years, pension shall be equal to a) 50 % of emoluments b) 40% of emol. c) ¼ th of emol. d) 75% of emol. 49. Minimum service required for becoming eligible for pension a) 33 years b) 20 years c) 10 years d) 1 year 50. Maximum service required for acquiring full pension a) 33 years b) 20 years c) 10 years d) 1 year 51. Minimum service required for voluntary retirement a) 33 years b) 20 years c) 10 years d) 1 year 52. In cases of persons opting to retire voluntarily, due to abolision of post, the minimum qualifying service required will be a) 15 years b) 20 years c) 10 years d) 25 years 53. Persons retiring with less than 10 years qualifying service are eligible for a) pension b) service gratuity c) compensation d) Compassionate allow. 54. Service Gratuity shall be equal to p) ¼ X emoluments X CSMP q) ½ X emoluments X CSMP r) ¼ X emoluments X Qual. Service s) ½ X emoluments X Qual. Service a) both p & q b) both q & s c) both r & s d) both q & r 55. Mimimum amount of pension that shall be granted is a) Rs.7000 pm b) Rs.3500 pm c) Rs. 2550 pm d) Rs.45000 pm 56. Maximum amount of pension that can be granted is a) Rs.10000 pm b) Rs.25000 pm c) Rs.45000 pm d) Rs.50000 pm 57. If fraction exists in the final pension granted, it shall be rounded to a) nearest rupee b) next rupee c) nearest ten rupees d) next ten rupees 58. The quantum of pension to be increased on attaining the age of 100 years a) 30 % b) 40 % c) 50 % d) 100 % 59. The quantum of pension to be increased on attaining the age of 85 years a) 30 % b) 40 % c) 50 % d) 100 % 60. The quantum of pension to be increased on attaining the age of 95 years a) 30 % b) 40 % c) 50 % d) 100 % 61. If emoluments drawn by GS are less than average emoluments, then pension can be calculated on a) average emoluments b) emoluments only c) last pay d) maximum of pay band 62. Compute pension if emoluments are Rs.24700 and qualifying service is 26 years a) Rs.12700 pm b) Rs.11350 pm c) 24700 pm d) 12350 pm 63. Compute pension if emoluments are Rs.28600 and qualifying service is 17 years a) Rs.14300 pm b) Rs.12155 pm c) Rs.7367 pm d) Rs.13300 pm 64. Compute pension if emoluments are Rs.23950, qualifying service is 29 years and average emoluments are Rs.2415