Whereas, the Government of Haryana is broadly following
the Central Government pattern in the matter of pay scales for its employees
with effect from 1986 and further revised the pay scale with effect from 1st
January, 1986, 1st January, 1996 and 1st January, 2006 as per the
recommendations of various Central Pay Commission. Similarly the pensionary
benefits have also been allowed broadly on the Central pattern and pension of
the Haryana Government pensioners had been revised accordingly w.e.f. 1st
January, 1996 and also w.e.f. 1st January, 2006 vide notification No.
2/51/2008-1 Pension, dated 17th April, 2009. And whereas the State Government vide its notification
No.1/2/8/98-2FR-II, dated 4th March, 2003 increased the period of restoration
of commuted value of pension from 12 years to 15 years on the basis of Hon'ble
Supreme Court judgment dated 9th December, 1986 in Writ Petition No. 3958-61 of
1983 and according to the modified provisions of Central Civil Services
(Commutation of Pension) Rules, 1981. The State Government also made a
provision vide said notification dated 4th March, 2003 that in case of
pre-mature retirement or compulsory retirement, wherever commutation is
permissible, the commuted portion of pension shall be restored after surrender
of full value of commutation together with notional simple interest to be
calculated @ 8.1.% per annum by reducing balance method. As per provisions of
rule 15(b) of the notification No. 2/51/2008-1 Pension, dated 17th April, 2009,
the existing table of Commutation Value for Pension have been substituted by
the new Table as at Annexure-1 of the above said notification dated 17th April,
2009. The factor mentioned in column of commutation value expressed as number
of years purchased and age next birthday is ranging from 20 years to 81 years
and factor available is 9.188 to 4.611, whereas, in the existing Table under
rule 11.5 of Punjab CSR Volume-II at Annexure to Chapter 11 consisting of
corresponding factor between the age of 20 years to 81 years is 19.01 to 3.94.
The State Government has observed that by charging of notional interest on
commuted value of pension in case of pre-mature retirement, as in case of early
age retirement, even the principal amount, which was advanced to the retiree as
commutation is higher than commuted amount of employee who retired on
superannuation i.e. at the age of 58 years and less interest amount is
recovered in case of pre-mature basis i.e. voluntary retirement, compulsory and
invalid retirement. For example:- Retirement
at the age of 50 years (On Voluntary) Retirement
at the age of 58 years (On Superannuation) After
completion of 28 years of qualifying service After
completion of 28 years of qualifying service Sanctioned
Pension ` 10,000
p.m. Sanctioned
Pension ` 10,000
p.m. Commuted
amount ` 4,000
@ 40% of pension Commuted
amount ` 4,000
@ 40% of pension Factor
as per new commutation table i.e. 8.808 Factor
as per new commutation table i.e. 8.371 Commutation
amount = 8.808
x 4000 x 12 = 4,22,784 Recovery
installments = 422784/4000
= Say= 106 Inst. Intt.
106 X 107 X 4000X 8.1 = 1,53,117 2 X
12 X100 Installments of Intt. 153117= 38 4000 Commutation
amount = 8.371x
4000 x 12 = 4,01,808 Recovery
installments = 401808/4000
= Say= 100 Inst. Total
amount recovered 400
0X 12 X 15=7,20,000 Principal=
401808 Intt.
720000-401808 = 3,18,192/4000=79.54 Says
80 Inst. After
recovering full value of commuted pension with notional simple interest @ 8.1 After
15 years of commutation. Total
Inst. 106+38=144 of ` 4000 each 144/12
= 12 years Amount
recovered= ` 5,75,901 Total
Inst. 100+80= 180 of ` 4000 each says
15 years Amount
recovered= ` 7,20,000 Now, therefore, 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 further to amend the Punjab Civil
Services Rules Volume-II as applicable to the State of Haryana, namely:- (1)
These Rules may be called the Punjab Civil
Services Rules, Volume-II (Haryana Amendment) Rules, 2011. (2)
They shall come into force with effect from
the 17th April, 2009, for the Government employees retired/retiring from
Government service on or after 17th April, 2009. In the Punjab Civil Services Rules, Volume-II in Rule
11.1 for the sub-rule (1) the following sub-rule shall be substituted
namely:-(1) A Government employee, on superannuation/pre-mature retirement,
shall be entitled to commute for a lump sum payment a fraction not exceeding
40% (forty percent) of his pension. The fraction of pension so commuted on
retirement i.e. superannuation/pre-mature retirement shall, however, be
restored to him on completion of 15 years from the date of retirement or 15
years from the actual receipt of commutation value, whichever is later''.PUNJAB CIVIL SERVICES RULES, VOLUME-II (HARYANA
AMENDMENT) RULES, 2011
PREAMBLE