HARYANA CIVIL SERVICES (REVISED PENSION) PART-II RULES, 2017

PREAMBLE

In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, the Governor of Haryana hereby makes the following rules, namely:--

Rule - 1. Short title and commencement.--

(1)     These rules may be called the Haryana Civil Services (Revised Pension) Part-II Rules, 2017.

(2)     They shall apply to all the employees who retire/die in harness on or after the 1st January, 2016 and who become eligible for pension/family pension under the Haryana Civil Services (Pension) Rules, 2016 and as applicable to the pensioners/family pensioners and whose pension/family pension is debitable to the Consolidated Fund of the State of Haryana.

Rule - 2. Non-applicability of these rules.--

These rules shall not apply to--

(i)       any category of employees whose services are not governed by the provisions of the Haryana Civil Services (Pension) Rules, 2016 or any other provisions of service rules which are applicable in the case of pensioners; and

(ii)      the officers of Judicial Services whose revised pay structure is yet to be finalized.

Rule - 3. Date of effect.--

The revised provision as per these rules shall apply to Government employees who retire/die in harness on or after the 1st January, 2016 (separate rules are being issued in respect of retirees who retired/died before 1st January, 2016):

Provided that where pension/family pension or death-cum-retirement gratuity/commutation of pension has already been sanctioned in cases occurring on or after the 1st January, 2016, the same be revised in terms of these rules:

Provided further that in cases where pension has been finally sanctioned on pre revised emoluments and if the same happens to be more beneficial than the entitled pension under these rules, the pension already sanctioned shall not be revised to the disadvantage of the pensioner in view of proviso to rule 78 of the Haryana Civil Services (Pension) Rules, 2016.

Rule - 4. Emoluments for Pension/Family Pension.--

The term "emoluments" for the purposes of calculating various pensionary benefits other than death-cum-retirement gratuity shall mean pay as defined in clause (b) of sub-rule (7) of rule 8 of the Haryana Civil Services (Pension) Rules, 2016.

Rule - 5. Basic Pay.--

Basic Pay in the revised pay structure means the pay drawn in the prescribed Level in the Pay Matrix with effect from the 1st January, 2016 but does not include any other type of pay like special pay etc.

Rule - 6. Emoluments for Death-cum-Retirement Gratuity.--

In the case of all kinds of gratuity, dearness allowance admissible on the date of retirement/death shall continue to be treated as emoluments along with the emolument as defined in terms of rule 4 of these rules.

Rule - 7. Pension.--

A Government servant retiring in accordance with the Haryana Civil Services (Pension) Rules, 2016 before completing qualifying service of ten years shall not be entitled to pension but he shall continue to be entitled to service gratuity in terms of rules 32 and 35 of the Haryana Civil Services (Pension) Rules, 2016.

Rule - 8. Provision for calculation of pension.--

(1)     A Government servant, who retires after rendering the minimum qualifying service of 20 years, shall become entitled to full pension under the provisions of rule 34 of the Haryana Civil Services (Pension) Rules, 2016.

(2)     In all such cases where Government servant becomes entitled to pension on superannuation after completion of 10 years of qualifying service in accordance with rule 34 of the Haryana Civil Services (Pension) Rules 2016, pension shall be calculated on proportion basis to the amount of full pension admissible to him.

Rule - 9. Minimum and maximum ceiling of pension.--

(1)     The amount of pension shall be subject to a minimum of Rs. 9000/- and the maximum Rs. 1,12,050/- i.e. 50% (fifty percent) of highest pay of Rs. 2,24,100/- in the Government of Haryana with effect from 1st January, 2016.

(2)     The provisions of sub-rule (1) shall not apply in those cases where the length of service of an employee at the time of his retirement is less than 20 years. The pension of these Government employees shall be calculated proportionately as per provisions specified in the Haryana Civil Services (Pension) Rules, 2016 keeping in view his length of service.

Rule - 10. Additional Pension/Family Pension.--

(1)     The quantum of additional pension/family pension available to the old pensioners/family pensioners shall continue to be as specified in the table given below:--

Table

(2)     The Principal Accountant General (Accounts and Entitlement) Haryana shall ensure that the date of birth and the age of the pensioners/family pensioners is invariably indicated in the PEN-I and the Pension Payment Order to facilitate payment of additional pension/family pension by the Pension Disbursing Authority as soon as it becomes due. The amount of additional pension/family pension shall be shown distinctly in the Pension Payment Order.

Illustration

In case where a pensioner is more than 80 years of age and his pension is Rs. 10,000 PM, the pension shall be shown as (i) Basic Pension= Rs. 10,000 and (ii) Additional Pension= Rs. 2,000 per month. The pension on his attaining the age of 85 will be shown as (i) Basic Pension= Rs. 10,000 and (ii) Additional Pension= Rs. 3,000 per month.

(3)     The Additional quantum of pension/family pension on attaining the age of 80 years and above shall be admissible from the first day of the month in which his date of birth falls. For example, if a pensioner/family pensioner completes the age of 80 years in the month of July, 2016, he shall be entitled to additional pension/family pension with effect from the 1st July, 2016. Those pensioners/family pensioners whose date of birth is 5th July, shall also be entitled to additional pension/family pension with effect from 1st July, 2016 on attaining the age of 80 years and above.

(4)     Dearness relief shall also be admissible on the additional quantum of pension/family pension available in accordance with the orders issued from time to time.

Rule - 11. Death-cum-Retirement Gratuity.--

The maximum limit of death-cum-retirement gratuity shall be Rs. 20.00 Lakh (twenty lakh). The ceiling on gratuity shall increase by 25% (twenty five percent) whenever the dearness allowance rises by 50% (fifty percent) of the basic pay.

Rule - 12. Family Pension Scheme, 1964.--

(1)     Family pension shall be calculated at a uniform rate of 30% (thirty percent) of basic pay in the revised pay structure and shall be subject to a minimum of Rs. 9,000/- per month and maximum of Rs. 67,230/- i.e., 30% of the highest pay of Rs. 2,24,100/- in the Government of Haryana with effect from the 1st January, 2016.

(2)     The amount of enhanced family pension shall be 50% (fifty percent) of basic pay in the revised pay structure and shall be subject to a minimum of Rs. 9,000/- per month and maximum of 50% of the highest pay in the Government of Haryana.

(3)     There shall be No. other change in the provisions regulating family pension, enhanced family pension and additional family Pension to old family pensioners.

Rule - 13. Entitlement of family pension.--

For the purpose of these rules, "family pension" means, the family pension as defined in sub-clause (b) of clause (10) of rule 8 of the Haryana Civil Service (Pension) Rules, 2016.

Rule - 14. Commutation of Pension.--

There shall be No. change in the provisions relating to commutation values, the limit upto which the pension may be commuted or the period after which the commuted pension is to be restored.

Rule - 15. Admissibility of deamess relief.--

The consolidated pension/family pension as worked out in accordance with the provisions of these rules shall be treated as "Basic Pension" or "Basic Family Pension", as the case may be, with effect from 1st January, 2016. The revised pension/family pension arrived includes dearness relief from the 1st January, 2016 and shall qualify for grant of dearness relief sanctioned thereafter.

Rule - 16. Payment of arrears of pension/family pension to those employees who retired/died after 1st January, 2016.--

The Pension Disbursing Authorities shall calculate the arrears of revised pension/family pension payable and make necessary payment of arrears to the pensioners/family pensioners preferably within 3 months from the date of notification of these rules.

Rule - 17. Undertaking for recovery of over payment of pension/family pension and gratuity.--

(1)     It is not unlikely that the arrears due in some cases may be calculated incorrectly leading to over payment that might have to be recovered subsequently even after this exercise. The Pension Disbursing Authorities shall, therefore, make it clear to the pensioners/family pensioners while drawing arrears of pension that the payments are being made subject to adjustments from amounts that may be due to them, if any, discrepancy is noticed later. For this purpose an undertaking shall be obtained in writing from every pensioner/family pensioner at the time of revision of pension/family pension to the effect that excess payment that may be found to have been made as a result of incorrect consolidation of pension/calculation of arrears shall be refunded by him to the Government either by adjustment against future payment or otherwise. A specimen form of undertaking is enclosed as Annexure-I.

(2)     The fixation of pension/family pension and adjustment of arrears shall also be subject to rectification and adjustments in certain cases where a particular pre-revised scale or provisional pension has been granted to a Government servant/pensioner at the strength of some interim orders of the court of law, after the final disposal of the case suitable appropriate decision may be taken by the Government keeping in view the observation/instructions of the Court of law. The Pension Disbursing Authorities should, therefore, also make it clear to all such concerned employees/pensioners while disbursing the arrears/pension that payments are being made subject to appropriate decision taken by the Government on such final decision of the Court of law. A specimen form of undertaking is also enclosed as Annexure - II.

Rule - 18. Overriding effect.--

The provisions of Haryana Civil Service Rules or Punjab Financial Rules or any other rules or instructions made or issued in this regard shall not, save as otherwise provided in these rules or any other subsequent instructions issued in continuation to these rules, apply to cases where pension/family pension and death-cum-retirement gratuity is regulated under these rules to the extent they are inconsistent with the provisions of these rules. The provisions of CSR Vol. II and other rules which are not specifically modified by these rules will remain unchanged.

Rule - 19. Interpretation.--

If any question arises relating to the interpretation of the provisions of these rules, it shall be referred to the Government of Haryana in Finance Department for decision.

Rule - 20. Residuary provisions.--

In the event of any general or special circumstance which is not covered under these rules or about which certain inconsistencies are noticed, the matter shall be referred to the Government and the Government shall prescribe the conditions to be followed under such circumstances. Such conditions as prescribed by the Government under this rule shall be deemed to be part of these rules. Further, if the Government is satisfied that there is a requirement to prescribe certain additional conditions, the Government may prescribe such conditions and such additional conditions as prescribed by the Government under this rule, shall be deemed to be the part of these rules.

Rule - 21. Power to relax.--

Where the Government is satisfied that the operation of all or any of the provisions of these rules causes undue hardship in any particular case, it may, by order, dispense with or relax the requirements of these rules to such extent and subject to such conditions, as it may consider necessary for dealing with the case in a just and equitable manner.

Rule - 22. Display.--

The Pension Disbursing Authorities/Treasury Officers/Assistant Treasury Officers shall promptly display these rules on their notice board for the benefit of pensioners/family pensioners.

ANNEXURE I

[See rule 17(1)]

UNDERTAKING

I hereby undertake that in case excess payment is found to have been made as a result of incorrect fixation of pension/family pension or any excess payment detected in the light of discrepancies noticed subsequently shall be refunded by me to the Government either by adjustment against future payments due to me or otherwise.

ANNEXURE II

[See rule 17 (2)]

UNDERTAKING

I hereby undertake that as a result of any rectification or adjustment in the pension granted to me on the basis of any interim order by any Court of law, any excess amount which is found to have been made as a result of relevant appropriate decision taken by the Government on the final decision of the Court of law, shall be refunded by me to the Government either by adjustment against future payments due to me or otherwise. I further undertake to abide by such relevant appropriate decision of the Government taken on the final decision of such Court of law as the case may be.

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