CHAPTER I

General Scope and Extent of Application

Rule 1.

(a)      These Rules may be called the Bihar Pension Rules. They are intended to define the conditions under which pension is earned by service under the Government of Bihar and in what manner it is calculated and paid.

(b)      Except where otherwise provided, the Rules contained herein shall come into force with effect from the 20th January, 1950.

Rule 2.

 Except where otherwise provided these Rules apply to all Government servants to whom the Rules in the Bihar and Orissa Service Code apply.

Rule 3.

Unless the contrary appear from the context, the provisions of Rules 3,5,6 and 7 of the Bihar and Orissa Service Code shall apply mutatis mutandis to these Rules also.

Rule 4.

 Except as otherwise provided in these Rules and subject to the provisions of Rule 3 of the Bihar and Orissa Service Code a Government servant's claim to pension will be regulated by the Rules in force at the time when the Government  servant quits, resigns, or is discharged from the service of Government.

Rule 5.

(1)     The provisions of Rules 86,135,146 and 147 apply only to Government servants (other than military officers) appointed substantively to services or posts specified in the schedule below, who?

(a)      joined their posts after 29th August, 1919, or

(b)      were in service on 29th August 1919, but have definitely elected in writing with the permission of Government to come under them.

Note.?Government servants who were appointed in England during the year 1919 should, for the purpose of this Rule, be treated as in service on the 29th August, 1919, even if they joined their posts after that date.

(2)     The Provincial Government may include in the list given in the schedule any Gazetted service or post, the duties of which are so important that they cannot be regarded as subordinate.

Note.?A Government servant who does not hold substantively one of the posts mentioned in the schedule below, but who by rendering officiating service counting as effective service in one of the posts included in the schedule appended to Rule 147 becomes eligible for an additional pension is entitled to the benefits of this Rule, provided, in the case of Government servants who were in service on 29 August, 1919, they have definitely elected the Rules referred to in clause (1) above.

CHAPTER I

I

Definitions

Rule 6.

Unless there be something repugnant in the subject or context the terms defined in this chapter are used in the sense here explained.

Rule 7.

 Accountant-General means the head of the office of audit and account subordinate to the Auditor-General of India, who keeps the accounts of the province and exercises audit functions in relation to those accounts on behalf of the Auditor-General of India.

Note.?This definition covers also the term "Audit Officer".

Rule 8. Age.?

When a Government servant is required to retire on attaining a specified age, the day on which he attains that age is reckoned as a non-working day and the Government servant must retire with effect from and including that day.

Rule 9.

Cadre means the strength of the service or a part of a service sanctioned as a separate unit.

Rule 10.

Compensatory allowance means an allowance granted in consideration of personal expenditure or loss of amenities or private practice, necessitated by the special circumstances in which duty is performed.

It includes a traveling allowance. It does not include the grant of a free passage by sea to or from any place outside India.

Rule 11.

Day means a calendar day, beginning and ending at midnight.

1[Rule 12.

 Fee means a recurring or non-recurring payment to Government servant from a source other than the Consolidated Fund of the State, 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 interest on securities; and

(b)     income from literary, cultural or artistic efforts, if such efforts are not aided by the knowledge acquired by the Government servant in the course of his service.

Rule 13.

First Appointment includes the appointment of a person not at the time holding any post under Government, even though he may have previously held such a post.

Rule 14.

Foreign service means service in which a Government servant receives his substantive pay with the sanction of Government (a) from any source other than the revenues of Government of India, or of a Province, or (b) from a company working a State Railway.

Rule 15.

Gazetted Government servant means?

(i)       a member of any of the provincial services;

(ii)      any other Government servant holding a post which may be specially declared by the Provincial Government to be a Gazetted post.

Rule 16.

General revenues include all revenues and public moneys raised or received by the Central and the Provincial Governments and exclude the. revenues of local funds.

Rule 17.

 Heads of departments means the Government servants mentioned in Appendix 3 to the Bihar and Orissa Service Code.

Rule 18.

 Honorarium means a recurring or non-recurring payment granted to a Government servant from general revenues as remuneration for special work of an occasional character.

Rule 19.

Inferior service means any kind of service which may be specially classed as such by the Provincial Government, and any other kind of service the maximum pay of which does not generally exceed Rs. 35 a month.

Rule 20.

 Lien means the title of a Government servant to hold substantively, either immediately or on the termination of a period or periods of absence, a permanent post, including a tenure post, to which he has been appointed substantively.

Rule 21.Local Fund means?

(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 in regard 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 as such by the Government of India or the Provincial Government, as the case may be.

Rule 22.

 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 Provincial Government.

Rule 23.

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.

Example.?Thus, in calculating a period of 3 months and 20 days from 25th January, 3 months should be taken as ending on 24th April and the 20 days on 14th May. In the same way the period from 30th January to 2nd March should be reckoned as 1 month and 2 days because one month from 30th January (or from 31st January or 1st February) ends on the 1st day of February.

Rule 24.Officiate?

A Government servant officiates in a post when he performs the duties of a post on which another person holds a lien. A Government servant may, however, be appointed to officiate in a vacant post on which no other person holds a lien by the authority competent to make a substantive appointment to the vacant post.

A Government servant may be appointed to officiate in a post though not actually performing the duties thereof as in the case cited below:?

(i)       while placed under training or undergoing a course of instruction;

(ii)      when transferred to foreign service.

Rule 25.

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.

Rule 26.

(a)      Pay means the amount drawn monthly by a Government servant as?

(i)       the pay, other than the 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 recurring emoluments which may be specially classed as pay by the Provincial Government.

(b)      In the case of a military officer, in receipt of the rates of pay introduced on July 1, 1924, pay includes the amount which he receives monthly under the following designations:?

(i)       pay of appointment, lodging allowance and marriage allowance, and

(ii)      pay of rank, command pay, additional pay, Indian Army allowance, lodging allowance and marriage allowance. In the case of a military officer, in receipt of the rates of pay in force before July 1,1924 pay includes the amount which he receives monthly under the following designations:?

(i) ???military pay and allowances, and staff salary;

(ii) ???Indian Army pay and staff salary, and

(iii) ??consolidated pay.

Note.?In the case of a piece worker in the Government Presses, Bihar, when appointed to a post on a time scale, "pay" shall be deemed to be equivalent to one hundred and fifty times his hourly class rate.

Rule 27.

 Pension includes a gratuity.

Rule 28.

Omitted by C.S. No. 32 dated 19.7.1957.]

Rule 29.

Pension able service means service which qualifies the Government servant performing it to receive a pension from general revenues.

Rule 30.

 Permanent Government servant means a Government servant who holds a lien on a permanent post or would hold a lien on such a post had his lien not been suspended.

Rule 31.

Permanent post means a post carrying a definite rate of pay and sanctioned without limit of time.

Rule 32.

Personal pay means pay granted to Government servant?

(a)     to save him from a loss of substantive pay in respect of a permanent post other than a tenure post 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 considerations.

Rule 33.

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, or is exposed to the unhealthy conditions in consideration of which the special pay was sanctioned.

Rule 34.

 Probationer means a Government servant employed on probation in or against a substantive vacancy in the cadre of a department.

Note.?The term does not include a Government servant who holds a permanent post substantively and is merely appointed "on probation" to another post.

Rule 35.

Provincial Government means the Provincial Government of Bihar.

Rule 36. Rule of Proportions?

Pension is said to be chargeable according to the "Rule of Proportions" when the charge is debatable to several accounts in the proportions in which the aggregate pay drawn by the Government servant during the whole of his qualifying service has been paid from them.

Note 1.?Special pay should be included in pay for the purpose of this Rule.

Note 2.?If according to the Rule of Proportions, the share of pension chargeable to the account does not exceed one rupee, no charge shall be made to this account and the share shall be borne by the account chargeable with the greatest share.

Rule 37.

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; or

(c)      the unhealthiness of the locality in which the work is performed.

Rule 38.

Substantive pay means the pay other than special pay, personal pay or emoluments classed as pay by the Provincial Government under Rule 26 (a) (iii) to which a Government servant is entitled on account of a post to which he has been appointed substantively or by reasons of his substantive position in a cadre.

Note.?In the case of a piece-worker in the Government Presses, Bihar, when appointed to a post on a time-scale, "substantive pay" shall be deemed to be equivalent to one hundred and fifty times his hourly class rate.

Rule 39.

?Superior service means any kind of service which is not inferior.

Rule 40.

Temporary post means a post carrying a definite rate of pay and sanctioned for a limited time.

Rule 41.

Tenure post means a permanent post which an individual Government servant may not hold for more than a limited period. In case of doubt the Provincial Government will decide whether a particular post is or is not a tenure post.

CHAPTER I

II

General Provisions Relating to Grant of Pension.

Section I?General

Rule 42.

Every pension shall be held to have been granted subject to the conditions contained in Chapter VIII.

Rule 43.

(a) ?Future good conduct is an implied condition of every grant of pension. The Provincial Government reserve to themselves the right of withholding or withdrawing a pension or any part of it, if the pensioner is convicted of serious crime or be guilty of grave misconduct. The decision of the Provincial Government on any question of withholding or withdrawing the whole or any part of a pension under this Rule, shall be final and conclusive.

Provided that?

(a)      such departmental proceedings, if not instituted while the Government servant was on duty either before retirement or during re-employment;

(i)       shall not be instituted save with the sanction of the State Government;

(ii)      shall be in respect of an event which took place not more than four years before the institution of such proceedings; and

(iii)     shall be conducted by such authority and at such place or places as the State Government may direct and in accordance with the procedure applicable to proceedings on which an order of dismissal from service may be made;

(b)      judicial proceedings, if not instituted while the Government servant was on duty either before retirement or during re-employment, shall have been instituted in accordance with sub-clause (ii) of clause (a); and

(c)      the Bihar Public Service Commission, shall be consulted before final orders are passed.

Explanation.?For the purposes of the Rule?

(a)      departmental proceeding shall be deemed to have been instituted when the charges framed, against the pensioner are issued to him or, if the Government servant has been placed under suspension from an earlier date, on such date; and

(b)      judicial proceedings shall be deemed to have been instituted;?

(i)       in the case of criminal proceedings, on the date on which a complaint is made or a charge-sheet is submitted, to a criminal court; and

(ii)      in the case of civil proceedings, on the date on which the complaint is presented, or as the case may be, an application is made to a Civil Court.

Section II?Cases In Which Claims are Inadmissible.

Rule 44.

The Provincial Government may Rule that the service of any class of Government servants does not qualify for pension?

(1)      Service in dak bungalow and district garden establishment does not qualify.

(2)      The service of a patwari, whether appointed before or after the abolition of the patwari or village officers cesses and funds, does not qualify in any case in which it did not qualify prior to that abolition.

Rule 45.

In the following cases no claim to pension is admitted.?

(a)     When a Government servant is appointed for a limited time only, or for a specified duty, on the completion of which he is to be discharged.

(b)     When a person is employed temporarily on monthly wages without specified limit of time or duty.

(c)     When a person's whole time is not retained for public service, but he is merely paid for work done, such as Government Pleaders and Law officers not debarred from private practice.

(d)     When a public servant holds some other pension able office, he earns no pension in respect of an office of the kind mentioned in clause (c) or in respect of duties paid for by a compensatory allowance.

(e)     When a Government servant serves under an agreement which contains no stipulation regarding pension, unless the Provincial Government specially authorise him to count service towards pension.

Note.?The agreement should be so worded as to preserve inviolate the indefeasible right of the Provincial Government to modify the Rules from time to time at their discretion, so that no claim may arise to the benefits of Rules as they stood at the date when the agreement was executed.

Section III?Misconduct, Insolvency or Inefficiency

Rule 46.

No pension may be granted to a Government servant dismissed or removed, for misconduct; insolvency or inefficiency; but to Government servant so dismissed or removed compassionate allowances may be granted when they are deserving of special consideration:

Provided that the allowance granted to any Government servant, shall not exceed two third of the pension which would have been admissible to him if he had retired on medical certificate. [This Rule took effect from the 18th June, 1935]

Compulsory retirement as a penalty

 A Government servant compulsorily retired from service as a penalty may be granted by the authority, competent to impose such penalty pension at rate not less than two-thirds and not more than full invalid pension and special additional pension, if any, admissible to him on the date of compulsory retirement:

Provided that in the case of a Government servant mentioned in Rule, who has completed, before such compulsory retirement, 25 years of qualifying service or more the pension shall be not less than two thirds of the invalid pension and not more than the full retiring pension and special additional pension, if any, to which he would have been entitled, if he retired on that date.

Note 1.? This Rule applies also to those Government servants who are governed by the New Pension Rules, issued with the Finance Department Resolution No. PF-PAR-12/50-12548 F; dated the 23rd August, 1950, as amended from time to time.

Note 2.? When a Government servant is compulsorily retired, but not as a measure of penalty, his case will be governed by Rule 134 (b) of the Bihar Pension Rules read with Rule 74 of the Bihar Service Code.]

Section IV?Claims of Widows or Heirs.

Rule 47.

If a Government servant dies before actually retiring or being discharged, his heirs have no claim to anything in respect of his pension.

Rule 48.

(a)      It being the duty of every Government servant himself to provide for his family, the Government recognises no claim by a widow on account of the service of her husband, and is almost invariably under the painful necessity of rejecting recommendations made in contravention of this Rule.

(b)      The submission of such recommendations, save under very extraordinary circumstances, is disapproved as calculated only to give rise to hopes which cannot be fulfilled.

Note.1.?Except in special cases justifying extraordinary indulgence and which are of very rare occurrence, the grant of pensions to the family or any member of the family of a deceased Government servant is restricted to cases where the Government servant is killed in the exercise of his public duty, or shall have died in consequence of wounds or accidents sustained therein.

Note 2.?In cases deserving special consideration relief may be given to the families of Government servants left in indigent circumstances out of a Compassionate Fund, under the Rules regulating the grant of gratuities out of the Fund.

Section V-Limitations.

Rule 49.

(a)     A Government servant cannot earn two pensions in the same post at the same time, or by the same continuous service.

(b)     The Government servants may not simultaneously count service in respect of the same post.

CHAPTER I

V

Service Qualifying for Pension

Section I?General

Sub-Section

(1)?Classification of Qualifying Service?Superior and Inferior

Rule 50.

Rule 50-A.

 

Appendix 4 of the Bihar Service code contains lists of posts specially classed as inferior and superior.

Note.?The State Government may transfer any post or class of posts, irrespective of pay, from the inferior to the superior category.

Exceptional Cases

Rule 51.

If a Government servant hold or has held two or more posts, each of which is inferior by reason of its pay not exceeding Rs. 35, he cannot count service as superior on the ground that his aggregate pay exceeds Rs. 35 unless the posts were arranged and their pay determined with the intention that they should be held by one individual. [See Latest minimum Scale].

Rule 52.

(a)      When the regular duties of a Government servant whose pay exceeds [See Latest minimum Scale] Rs. 35 but who bears inferior designation, are really such as are ordinarily performed by a superior Government servant, his claim to pension should be specially referred to the Provincial Government.

Note.?It is not intended by this Rule that an inferior Government servant should count service as superior in virtue of his voluntarily assisting a superior work. It provides for the case of a person who is engaged under due authority to do superior work, though with an inferior designation.

(b)      On the other hand. a Government servant whose real duties are those of an inferior Government servant, even though his pay exceeds Rs. 35 is not entitled to pension on the superior scale merely because he draws pay under a superior designation. [See Latest minimum Scale].

Rule 53.

Service rendered in the military as private or in any higher combatant rank which counts for civil pension under Rules 87 and 88 shall be treated as superior, if followed by superior service in a pension able under civil Rules. In other cases military service shall be treated as superior or inferior according to the character of the post in which it was rendered and with reference to the criteria prescribed in the preceding Rules in respect of a post pension able under the Civil Rules. Doubtful cases should be referred for the orders of the Provincial Government.

Note.?Except to the limited extent indicated in the opening sentence of this Rule, the classification of the military service which is allowed to count for civil pension depends, not on the character of the subsequent civil employments, but on the character of the military post in which it was rendered. Military service rendered prior to civil employment has thus to be classified as inferior or superior according as to whether it would have been inferior or superior had it been rendered in a similar post pension able under civil Rules.

The following principles should be adopted in the classification of military service counting for civil pension as "superior" or "inferior":?

(a)      Service as a espy or service in any equivalent or higher combatant rank should be treated as "superior", and as a follower as "inferior" whether such service is followed by superior" or "inferior" civil service;

(b)      Service rendered in any other capacity in a post under the Ministry of Defense should be treated as "superior" or "inferior" according to the classification of any civil post carrying duties of a similar character.

Sub-Section

(2)?Service partly Inferior and partly Superior

Rule 54.

A Government servant whose service has been for some time inferior and for some time superior may either count?

(a)      the whole as inferior towards pension or gratuity on the inferior scale, or

(b)      the superior portion towards gratuity on the superior scale, and the inferior towards gratuity on the inferior scale.

Under (a) the pension or gratuity is calculated on the pay (whether in superior inferior service) which the Government servant drew immediately before his retirement.

Under (b) the pension or gratuity on the superior scale is calculated upon the average emolument or emoluments respectively which the Government servant drew when last in superior service, and the pension or gratuity on the inferior scale upon the pay which he drew when last in inferior service:

Provided that the pension or gratuity on the inferior scale, granted under Clause (a) or the pension or gratuity on the superior scale plus the gratuity on the inferior scale granted under Clause (b), shall not exceed what would have been admissible if the whole service had been superior.

Note.?When the pensionary status of an appointment is charged from "inferior" to "superior" it is to be assumed that the charge has retrospective effect, unless there are special orders to the contrary.

Rule 55.

The claim of a Government servant, promoted from an inferior to a superior grade as a reward for meritorious service will be specially considered by the Provincial Government. This Rule is to be strictly interpreted and a claim under it can be founded only on exceptional promotion made out of the ordinary course.

Sub-Section

?(3)?Beginning of Service

Qualifying service

Rule 56.

Unless it be otherwise provided by special Rule or contract, the service of every Government servant qualifies from the date on which he takes charge of the post to which he is first appointed.

Rule 57.

For a Government servant in inferior service, qualifying service, shall not begin until the Government servant concerned attained the age of 16 years.

Section II? Conditions of Qualification.

[

Sub-Section

(1)? General.

Rule 58.

The service of a Government servant does not qualify for pension unless it conforms to the following three conditions:?

First?The service must be under Government.

Second?The employment must be substantive and permanent.

Third?The service must be paid by Government.

These three conditions are fully explained in the following sub-sections.

Rule 59.

The Provincial Government may, however, in the case of service paid from general revenue, even though either or both of conditions (1) and (2) are not fulfilled?

(1)      declare that any specified kind of service rendered in a non-Gazetted capacity shall qualify for pension;

(2)      in individual cases, and subject to such conditions as it may think fit to impose in each case, direct that service rendered by a Government servant shall count for pension.

Sub-Section

?(2)-First Condition-Service under Government.

Rule 60.

The service of a Government servant does not qualify unless he is appointed and his duties and pay are regulated by the Government, or under conditions determined by the Government. The following are examples of Government servants excluded from pension by this Rule;

(1)      Employees of a municipality,

(2)      Employees of grant-in-aid schools and institutions.

(3)      Service on an establishment paid from the house hold allowance of the Governor or from his contract establishment allowance.

Note 1 .?If a Government servant has served partly (in a capacity which would have given his claim to pension. if the service had been paid from the general revenues), on the house hold establishment of the Governor, and partly on establishments paid from the general revenues, he is entitled from the general revenue, to a share of any pension to which he would have been entitled if his whole service had been paid from the general revenue, proportionate to the length of the service which has been so paid.

Example.?A. B., a messenger on pay of Rs. 8 a month has served altogether thirty-two years of which sixteen years were passed in the household establishment of the Governor. If A. B's whole service had been paid from the general revenues be would have been entitled to a maximum pension of Rs. 4 a month. He will receive from the general revenues a maximum pension of Rs. 2 a month.

Note 2.? Poddars, however, get pension on the inferior scale according to their existing classification in the Bihar Service Code.

Sub-Section

(3) Second Condition?Substantive and Permanent Employment.

(i) ???General

Rule 61.

Service does not qualify unless the Government servant holds substantively a post on a permanent establishment.

Rule 62.

An establishment, the duties of which are not continuous, but are limited to certain fixed period in each year, is not temporary establishment. Service in such an establishment, including the period during which the establishment is not. employed qualifies but the concession of counting as service the period during which the establishment is not employed does not apply to a Government servant who was not on actual duty when the establishment was discharged, after completion of its work or to a Government servant who was not on actual duty on the first day on which the establishment was again re-employed.

Rule 63.

(i)       A Government servant transferred from a temporary to a permanent appointment can count his service in the temporary post, if though at first created experimentally or temporarily, it eventually becomes permanent.

Note.?This Rule implies that when an isolated post unconnected with a cadre sanctioned temporarily or experimentally in the first instance is subsequently made permanent, the whole temporary service of a Government servant or Government servants in that post should count for pension provided that such a Government servant or Government servants are subsequently appointed substantively to a permanent post. The concession is admissible only to Government servants who render temporary service, substantive or officiating, while having no lien on a permanent post, and is admissible to a Government servant even though he no longer holds the temporary post when it is made permanent.

To obviate anomalies that may arise from a literal application of this Rule in cases of a particular class, the following principles should be observed in applying the Rule in such cases:?

(1)     The holder of a temporary post supplementing a permanent cadre of posts of the same kind and carrying parallel duties, though actually employed on work properly pertaining to a permanent post in that cadre, should still be considered to have rendered service in the temporary post.

(2)     When some of several temporary posts, supplementing a permanent cadre as in (1) above, are converted into permanent posts and permanent promotion to these posts is made according to seniority or by selection, the Government servants actually so prompted should be considered as the holders of the temporary posts which have been converted and should be allowed to count their temporary service rendered in the posts. [Vide Memo No. Pen-1055/68/1341 dated 21.1.1969.] Regarding.?Allocation of pensionary liability in respect of the temporary service rendered under the Government of India.

In continuation of Finance Department's memo, no Pen-1018/64-970F, dated the 24th September, 1965 on the above subject it is to say that the State Government have been pleased to decide as noted below:?

(3)     Temporary Central Government servants on deputation to this State on getting absorbed under the State Government will be allowed to count the period or continuous temporary service under the Central Government for purpose of pensionary benefits admissible under the Rules of the State Government. The pensionary liability will be shared between the State and Central Governments on the basis of length of qualifying service rendered under each of them. This benefit will not be allowed to those who secure jobs in the State on their own volition in response to advertisements or circulars including those by the Bihar Public Service Commission.

(4)     The Government of India, have also been pleased to allow similar benefits on reciprocal basis to the temporary State Government employees who are on deputation to the Central Government and are subsequently absorbed with them.

(5)     All pending cases and cases arising thereafter, may be decided accordingly.

Government of India/Bharat Sarkar, Ministry of Home Affairs/Grin Mantralaya, Department of Personnel and Administrative Reforms, (Karmik Aur Prashashanik Sudhar Vibhag) No. 3 (20)/Pen (A)/79, New Delhi, the 31 March, 1982.

To

The Secretaries to the

Governments of all the States,

Finance Department.

(Except Governments of Jammu & Kashmir and Nagland.)

Subject.?Allocation of pensionary liability in respect of temporary service rendered under the Government of India and State Government.

I am directed to say that the Government of India have been considering in consultation with the State Governments, the acquisition of sharing, on a reciprocal basis, the proportional pensionary liability in respect of those temporary employees who had rendered temporary service under the Central Government/State Governments prior to securing posts under the various State Government/Central Government on their own-volition in response to advertisements or circulars, including those by the State/Union Public Service Commission, and who are eventually confirmed in their new posts. It has since been decided in consultation with the State Governments that proportionate pensionary liability in respect of temporary service rendered under the Central Government and State Governments, to the extent of such service, would have qualified for grant of pension under the Rules of the respective Government, will be shared by the Government concerned on a service spare basis, so that the Government servants are allowed the benefit of counting their qualifying service both under the Central Government and the State Governments for grant of pension by the Government from where they eventually retire. The gratuity, if any, received by the Government employees for temporary service under the Central or State Government will however, have to be refunded by him to the Government concerned.

(ii)      The Government servants claiming the benefit of combined service in terms of the above decision are likely to fall into one of the following categories:?

(1)     Those who having been retrenched from the service of Central/State Government secured on their own, employment under State/Central Govt, either with or without interruption between the date of retrenchment and date of new appointment;

(2)     Those who while holding temporary posts under Central/State Governments apply for posts under State/Central Government through proper channel/with proper permission of the administrative authority concerned;

(3)     Those who while holding temporary posts under Central/State Government apply for posts under State/Central Government direct without the permission of the administrative authority concerned and resign their previous posts to join the new appointments under State/ Central Governments.

The benefit may be allowed to the Government servants in categories (1) and (2) above. Where an employee in category (2) is required for administrative reasons for satisfying a technical requirement, to tender resignation from the temporary post held by him before joining the new appointments, on certificate to the effect that such resignation had been tendered for administrative reasons and/or to satisfy a technical requirement, to join, with proper permission, the new posts, may be issued by the authority accepting the resignation. A record of this certificate may also be made in his service book under proper attestation to enable him to get this benefit at the time of retirement. Government servants in category (3) will, obviously, not be entitled to count their previous service for pension.

(iii)     The above arrangement will not apply to the employees of the Govt. of India, Jammu & Kashmir and Nagaland.

(iv)    These orders came into force with effect from the date of issue and cases of all such Government servants retiring on this date and thereafter will be regulated accordingly.

(v)      In so far as persons serving in the Indian Audit & Account Department are concerned these instructions are issued in consultation with the Comptroller & Auditor General of India.

Rule 64.

(i)       A Government servant without a substantive appointment-officiating in a post which is vacant, or the permanent incumbent of which does not draw any part of the pay or count service may if he is confirmed without interruption in his service, count his officiating service.

(ii)      Apprentices and probationers

Rule 65.

 The service as an apprentice does not qualify.

Rule 66.

The service of probationer who holds a permanent post and draws substantive pay qualifies. So does that of a Government servant who is on probation for a permanent post, if he is employed in a vacancy reserved for him pending probation, and in which no other Government servant simultaneously counts service.

Rule 67.

The period spent on probation by Deputy Superintendents of Police counts as service towards pension.

Rule 68.

Deputy Collectors and Sub-Deputy Collectors are permitted to count all probationary, temporary, officiating and sub-protem service as such towards pension. Detachment of a permanent Government servant for duty in a temporary post.

Rule 69.

 A Government servant on a permanent establishment detached on temporary duty, on the understanding that, when the temporary duty ceases, he will return to the permanent establishment, counts his detached service.

Note.?This Rule permits the temporary suspension of the second condition of qualifying service; it does not authorise any relaxation of the first condition or the third condition (Rule 58) and in particular must not be understood to countenance any modification of the Rules which apply to a Government servant on Foreign Service.

Rule 70.

When a temporary post is created for a period of not less than three years either in the first instance or by installments, and is held by a Government servant on a permanent establishment, the Provincial Government, may, if they are satisfied that such a course is equitable, declare at any time that the service and emoluments  in respect of the temporary post will count for pension.

Note 2?In the case of Government servant on permanent establishment who holds a temporary post that is subsequently made permanent, the emoluments in respect of the temporary post will count for pension if Government make a declaration in his favour under

Deputation on special duty and abolition of a permanent post.

Rule 71.

If the permanent post held by a Government servant substantively is abolished within the meaning of Rule 108, but if the Government servant is at that time on special duty or is on abolition of his post deputed on special duty, his service on special duty qualifies, but the duty must be special: mere employment in continuation of permanent employment, in a temporary post which happens at the time to be vacant, does not qualify.

Piece work.

Rule 72.

A Press servant, who is paid for piece work, is treated as having held a permanent post, if?

(i)       he is employed, not casually, but as a member of a fixed establishment; and

(ii)      during the last seventy-two months of the actual employment he has been attached to one post uninterruptedly for twenty-four months, or it has not been through his own choice or misconduct that he has not been so attached.

Survey and Settlement

Rule 73.

Service in the Survey and Settlement Departments does not count unless it is followed, without interruption, by qualifying service.

Note.?Deputy Collectors and similar Gazetted Government servants when not specially employed for temporary work, are not affected by this Rule as they count service independently of the particular department to which they happen for the time to be attached.

Sub-section

(4)?Third Conditions-Service Paid by Government

(i)       Sources of remuneration.

Rule 74.

(i)       Service which satisfied the conditions prescribed in sub-sections (2) and (3) qualifies, or does not qualify, according to the source from which it is paid; with reference to this Rule, service is classified as follows:?

(a)      Paid from the general revenues.

(b)      Paid from local funds.

(c)      Paid from funds in respect to which the Government hold the position of trustee.

(d)      Paid by fees levied by law, or under the authority of the Govt. or by commission.

(e)      Paid by the grant, in accordance with law and custom, of a tenure in land, or of any source of income, or right to collect money.

(ii)      Service paid from general revenues.

Rule 75.

Service paid from the general revenues qualifies. The fact that arrangements are made for the recovery, on the part of the Government of the whole, or part of the cost of an establishment or Government servant, does not affect the operation of this principle:

Provided that the establishment or Government servant is appointed, controlled, and paid by the Government, e.g., police establishment entertained at the cost of individuals and corporate bodies.

Note.?In making arrangements for the recovery of cost of establishments it should not be forgotten that Government have to bear not only the immediate cost, but also that of leave allowance and pensions.

(iii)     Service paid from trust funds.

Rule 76.

Service paid from funds which Government hold only as a trustee such as under a Court of Wards or in an attached estate, does not qualify.

(iv)    Service paid by fees or commission.

Rule 77.

Except when fees or commission are drawn in addition to pay from the general revenues, service in a post paid only by fees, whether levied by law or under authority of Government, or by a commission, does not qualify.

Service as official Assignee does not qualify.

(v)      Service paid by grant of a tenure in land etc.

Rule 78.

Service paid by the grant, in accordance with law or custom, of a tenure in land, or of any other source of income, or right to collect money, does not qualify.

(vi)    Service paid from local fund.

Rule 79.

Apart from any special provisions made under the following Rules service paid from a local fund does not qualify for pension..

Rule 80.

The administrators of a local fund may with the permission of the Provincial Government, make a permanent agreement for contributing for pensions from the general revenues for its permanent employees or for any specified classes of them by paying to Government a contribution at the prescribed rates, provided that:?

(a)      the contribution must be paid in full at the beginning of each month by cash or cheque to the nearest Government treasury. Any default in the payment of the contribution entails forfeiture of the claim against Government;

(b)      the bills for establishment charges must be subject to audit by Government with a view to ensuring that health certificates have been obtained for new entrants, that the contributions are recovered in respect of the whole establishment sanctioned, and that no employee in any month draws more than the amount sanctioned for the appointment held by him.

Arrear contributions in respect either of individual employees or classes of employees proposed with a view to render past service qualifying cannot be accepted.

Rule 81.

A Government servant who is in qualifying service under Government, may be transferred by the Provincial Government to service under a local fund under the same limitations and conditions as are applicable to transfers to foreign service.

Rule 82.

Teachers and other members of the pension able establishment of Government schools, who are transferred with the schools to which they belong to service under local boards, continue to render service qualifying for pension from the general revenues, and are entitled to the concession even though they may be moved from the school with which they are transferred to another schools which was formerly under Government management.

Teachers appointed to schools transferred to the management of Local Boards are entitled to pension from general revenue, if the Provincial Government makes a part of its contribution to the school in the form of free pensions.

Rule 83.

If a Government servant whose service is reckoned as pension able under the provisions of Rule 80, is transferred to the similarly pension able establishment of another local board, the transfer will not interrupt the continuity of service for pension. Transfers may also be made between such service under local funds and service in Government establishment.

(vii)   Local fund pension funds.

Rule 84.

The Government does not guarantee the solvency of funds formed by the subscriptions of local fund officers, and establishment to provide pension for the subscribers thereto.

CHAPTER V

Reckoning of Service for Pension

Section I?Introductory

Rule 85.

The conditions and limitations under which service in a post qualifies for pension are laid down in Chapter IV.

The Rules governing special additions to service qualifying for superannuation pension and those relating to the counting of military service, periods of leave, suspension, resignation, etc., for pension and condo nation of breaks and deficiencies in service are contained in the succeeding Sections of this chapter.

Section II?Special Additions to Service Qualifying for Superannuation Pension.

Rule 86.

Government servants who are subject to the provisions of Rule 5 and who hold any of the services or posts specified in the schedule below and were recruited on or before the 31st March, 1938 at an age exceeding 25 years, may add to their service qualifying for superannuation pension (but not for any other class of pension), the actual period not exceeding five years, by which their age at recruitment exceeded twenty-five years. This concession will not be granted to individual Government servants, appointed at an age exceeding twenty-five years to departments or posts other than those given in the schedule below. No Government servant can claim the benefit of this Rule unless his actual qualifying service at the time he quits Government service is not less than ten years.

Note.?The extra years conceded in this Rule count towards the limit of 28 years, qualifying service prescribed in

Section III?Counting of Military Service Towards Civil Pension.

[6] [Rule 87.

A Government servant who is re-employed in Civil Service or post before attaining the age of superannuation and who, before such re-employment, had rendered regular military service after attaining the age of eighteen years, may, on his confirmation in a Civil service or post, opt, either:

(1)     (a) to continue to draw the military pension or retain gratuity received on discharge from military service in which case his former military service shall not count as qualifying service; or

(b) ?to refund the pension or gratuity and count the previous military service as qualifying service in which case the services so allowed to count shall be restricted to a service, within or outside the employee's unit or department in India or elsewhere, which is paid from the Consolidated Fund of India or for which pensionary contribution has been received by the Government.

(2)     (a) The option under sub-rule (1) shall be exercised within three months of the date of issue of the order of substantive appointments to a Civil service or post on re-employment, or if the Government servant is on leave on that day, within three months of his return from leave, whichever is latter.

(b) ?If no option is exercised within the period referred to in clause (a), the Government servant shall be deemed to have opted for clause (a) of sub-rule (1).

(3)     (a) A Government servant who opts for clause (b) of sub-rule (1) shall be required to refund the pension or gratuity received in respect of his earlier military service, in monthly instalment not exceeding thirty-six in number, the first instalment beginning from the month following the month in which he exercised the option.

(b) ?The right to count previous service as qualifying service shall not revive until whole amount has been refunded.

(4)     In the case of a Government servant who, having elected to refund the pension, or gratuity, dies before the entire amount is refunded, the unrefunded amount of pension or gratuity shall be adjusted against the death-cum-retirement gratuity which may become payable to his family.

(5)     When an order is passed under this Rule allowing previous regular military service to count as part of the service qualifying for civil pension, the order shall be deemed to include the condo nation of interruption in service, if any, in the military service and between the military arid civil service.

Note.?The provisions of this sub-rule shall apply to an employee who had rendered continuous temporary non-regular military service alone or in conjunction with war service and any interruption in service between the temporary non-regular military service and civil service may be condoned in accordance with the provisions of existing orders.

[7][Rule 88.

(1)     A Government servant who, prior to his appointment in a civil service or post against war reserved or other permanent vacancy which arose for direct recruitment before the 1st January, 1948 had rendered satisfactory paid whole time, enlisted or commissioned war service in the Armed Forces of India or in military forces of Common Wealth Country during the period from the 3rd September, 1939 to the 1st April, 1946 which did not earn a service pension under the Military Rules, shall be allowed to count such service including all kinds of leave on full rates of pay and sick leave taken during such service, as qualifying service, subject to the following conditions, namely:?

?

(a)      in the case of a service or post in respect of which a minimum age is fixed for recruitment, no war service rendered below that age shall count as qualifying service;

(b)      no contribution towards or share of a Commonwealth Country shall be claimed from the Government of that country;

(c)      no refund of bonus or gratuity in respect of war service shall be demanded from the Government servant concerned.

(2)     War service rendered by a Government servant, who was appointed substantively to a civil service or post against vacancies which arose after the 31st December, 1947, shall subject to the conditions specified in sub-rule (1), be treated as military service as provided in Rule 87.]

Section IV?Periods of Leave and Other AuthorisedAbsence from Duty.

Sub-Section

(1)?Period of Leave.

(i)       Superior Service.

Rule 89.

Explanation 1.?

(i)       Any period of leave on average pay not exceeding four months, the first four months of any period of leave on average pay in excess of four months, or any longer period to which a Government servant may be entitled under the operation of the note (present note 1) under F. R. 81 (b) shall count as privilege leave whether in calculation of pensions or proportionate pensions and additional pensions.

(ii)      Any other period of leave during which leave-salary is drawn shall count as leave with allowances.

(iii)     Leave on average pay alternating with deputation out of India should not be split up into different periods but treated as one continuous spell of leave and not more than four months in all shall count for pension.

(i)       Any period of earned leave not exceeding 120 days in any one spell shall count as "privilege leave" in the calculation of service for pension and additional pension.

(ii)      Any other period of leave (including earned leave in excess of 120 days in any one spell) during which leave-salary is drawn shall count as leave with allowances.

(iii)     Earned leave alternating with deputation out of India, shall not be split up into different periods separation by deputation but treated as one continuous spell of leave and shall count for pension as under (i) and (ii) above.]

[10] [Rule 90.Time passed on leave with allowances counts as service as follows:?

Note 1 ?[Deleted by Noti. No. 12928?F dated 4.9.1962.]

Note 2.?Total service in the Rule means total service reckoning from the date of commencement of service qualifying for pension and includes period of leave. Note 3.?For the purpose of this Rule, Ceylon, Burma, Pakistan and the Straits Settlements are not held to be "out of India".

Rule 91.

Time passed on departmental leave by subordinates in the Bihar Survey Department counts, provided they return to duty when required by their superior officers.

Note.?Departmental leave granted to inferior servants of the Bihar Survey Department employed purely on field work is treated as service qualifying for pension.

Rule 92.

The Provincial Government may declare that the time spent by a Government servant on preparation for an examination in any Oriental language shall count as service qualifying for pension.

Rule 93.

 Time passed on leave without allowances does not count for pension.

Rule 94.

(I)??? A period of overstayed of leave does not count for pension.

?(II) ?Inferior service

[11] [Rule 95.

Leave shall count as service qualifying for pension to the following extent:?

(a)      in the case of Government servant, subject to the revised leave Rules:?

(i)       all earned leave taken during service;

(ii)      leave on medical certificate taken upto 31st May, 1949 to the extent of one-thirteenth of the service rendered upto that date excluding the period spent on extra-ordinary leave; and

(iii)     half pay leave and commuted leave taken after the 31st May, 1949. to the extent of one-twenty-fifth of the service rendered from that date excluding the period spent on extra-ordinary leave.

(b)      in the case of Government servants, subject to the ordinary leave Rules to the extent of a period equal to 20 days a year for each completed years of duty counting as service qualifying for pension.

Sub-Section

(2)?Period of Training.

Rule 96.

The Provincial Government will at its discretion decide in the case of a Government servant (including a person in training for but not actually appointed to Government service) who is selected to undergo a course of training, whether the time spent in training shall count as service qualifying for pension.

Note.?General orders for counting the period of training as service under this Rule have been issued in respect of the following:?

(i)       Police subordinates and candidates for direct appointment to the subordinate police service while attending a police training school or college.

(ii)      Forest subordinates already in Government service in the superior forest service course or in the rangers' course or in any forest school to which they may be deputed.

(iii)     Educational officers while on training at the Patna Training College for M.Ed, and Diploma Examinations.

Sub-Section

(3)?Deputations out of India.

Rule 97.

When a Government servant is deputed out of India on duty the whole period of his absence from India counts. When a Government servant on leave out of India is employed, or is detained after the termination of his leave, on duty, the period of such employment or detention counts.

Recall to duty

Rule 98.

Time spent on the voyage to India, by a Government servant who is recalled to duty before the expiry of any recognised leave out of India counts, provided his return to duty is compulsory.

Section V? Suspensions, Resignations, Breaks and Deficiencies in Service,

Sub-section

(1)? Period of suspension

Rule 99.

 Time passed under suspension pending enquiry into conduct counts, if the suspension is immediately followed by reinstatement, but time passed under suspension adjudged as specific penalty does not count.

Rule 100.

If a Government servant, who has been suspended, pending enquiry into his conduct, is reinstated, but with forfeiture of any part of his allowances for the period of suspension, this period does not count (save with the special sanction of the Head of the department) unless the authority who reinstates the Government servant expressly declares at the time that it shall count.

Sub-section

(2) ? Resignations and Dismissals

Rule 101.

(a)      Resignation of the public service or dismissal or removal from it for misconduct, insolvency, inefficiency not due to age, or failure to pass a prescribed examination entails forfeiture of past service.

Rule 102.

Any authority who, on revision or appeal, reverses an order dismissing or removing a Government servant, may declare that his past service counts.

Sub-Section

(3)?Forfeiture of past service on account of Interruptions.

Rule 103.

An interruption in the service of a Government servant entails forfeiture of his past service, except in the following cases:?

(a) ??Authorised leave of absence.

(b) ?Unauthorised absence in continuation of authorised leave of absence so long as the post of the absentee is not substantively filled; if his post is substantively filled, the past service of the absentee is forfeited.

(d) ?Abolition of the post or loss of appointment owing to reduction of establishment.

(e) Transfer to non-qualifying service in an establishment under Government control. The transfer must be made by a competent authority; a Government servant who voluntarily resigns qualifying service cannot claim the benefit of this exception. Transfer to a grant-in-aid school entails forfeiture.

(f) ?Time occupied in transit from one appointment to another provided that the Government servant is transferred under the orders of competent authority, or, if he is a Non-Gazetted Government servant with the consent of the head of his old office.

Rule 104.

The authority who sanctions the pension may commute retrospectively periods of absence without leave into leave without allowances.

Sub-Section

(4)?Condonation of interruptions and Deficiencies.

Rule 105.

Subject to any Rules which the Provincial Government may prescribe and upon such conditions as it may think fit in each case to impose the authority competent to fill the appointment held by a Government servant at the time condonation is applied for, where he is to vacate the appointment, may condone all interruptions in his service.

Rule 106.

Upon any conditions which it may think fit to impose the authority competent to sanction the pension of a Government servant may condone a deficiency of three months in his qualifying service. Condonation of deficiencies beyond three months will require the orders of the Provincial Government:

Provided that, without the sanction of the Provincial Government condonation should not be allowed.?

(i)       When the pension, without such condonation, would be Rs. 50 or more; and

(ii)      when the Government servant is retiring after being retained in service beyond the age of 55. Condonation of deficiencies beyond three months will in all cases require the sanction of the Provincial Government.

Note.?The following principles should be observed in considering cases of condonation of deficiencies in service under this Rule?

(a)      Condonation of short periods will ordinarily be allowed where a Government servant is compelled to retire on invalid pension or when condonation of a short deficiency is necessary to enable a Government servant to draw pension instead of gratuity.

(b)      Condonation of short periods should also ordinarily be allowed where there has been a fairly long period of continuous temporary or other service (such as service in a district board, etc., which does not qualify for pension).

CHAPTER V

I

Conditions of Grant of Pensions.

Section 1?Classification of Pensions.

Rule 107.

Pensions are divided into four classes, the Rule for which are prescribed in the following Sections of this chapter:?

(a)      Compensation pensions (see Section II).

(b)      Invalid pensions (see Section III).

(c)      Superannuating pensions (see Section IV).

(d)      Retiring pensions (see Section V).

Note.?Besides the classes of pensions mentioned above, special additional pensions are also granted to certain classes of Government servants under special circumstances (Rule 147).

Section II? Compensation Pension.

Rule 108.

If a Government servant is selected for discharge owing to the abolition of a 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 any compensation pension or gratuity to which he may be entitled for the service he has already rendered; or

(b)     of accepting another appointment or transfer to another establishment even on a lower pay, if offered, and continuing to count his previous service for pension.

Note.?The discharge of one Government servant to make room for another better qualified is not the abolition of a post within the meaning of this Rule, the abolition must produce a real saving to Government.

Rule 109.

When a Government servant is transferred from pension able Government service to a non-pension able establishment he cannot be granted any pension or gratuity admissible to him for the qualifying portion of his service until he actually retires from the non-pension able establishment to which he is transferred.

Special cases.

Rule 110.

If it is necessary to discharge a Government servant in consequence of a change in the nature of the duties of his office, the case should be referred to the Provincial Government, who will deal with it in accordance with the Rules laid down in this Section as to notice of discharge and compensation pension or gratuity.

Restrictions.

Rule 111.

Compensation pension is not admissible in the following cases viz.?

(a)     To a Government servant who belongs to the public service and in addition holds charge of a particular local post on the abolition of that particular local post.

(b)     For the loss of a post on discharge after the completion of a specified term of service.

(c)     For the loss of special pay or compensatory allowance.

(d)     To a school master or other Government servant, who in addition to his duties is employed in any capacity in the Postal Department, on being relieved of such duties.

Sub-Section

(2)?Procedure.

(i)       Selection for discharge.

Rule 112.

The selection of the Government servant to be discharged upon the reduction of an establishment should prima facie be so made that the least charge for compensation pension will be incurred.

Rule 113.

 Particulars of the saving effected should be fully set forth in every application for compensation pension. The saving should always exceed the cost of the pension; otherwise it may perhaps, be better to postpone the reduction of establishment or abolition of post.

Note.?In any scheme for re-organizing an establishment, the claim to pension that may arise in consequence of the re- organization should always be considered before a change is made and except in cases of very urgent necessity, no revision of establishment should be carried out which would have the effect of giving rise to compensation pension the cost of which cannot be met out of saving effected by the revision.

(ii)      Notice of discharge.

Rule 114.

(a)      Reasonable notice should be given to a Government servant in permanent, employ before his services are dispensed with on the abolition of his  post. If, in any case, notice of at least three months is not given, and the Government servant has not been provided with other employment on the date on which his services are dispensed with, then, with the sanction of the authority competent to dispense with his services a gratuity not exceeding his emoluments for the period by which the notice actually given to him falls short of three months, may be paid to him, in addition to the pension to which he may be entitled under the Rules in Chapter VII; but the pension should not be payable for the period in respect of which he receives a gratuity in lieu of notice.

(b)      When it is proposed to discharge a person holding a temporary post before the expiry of the term of his appointment or a person employed temporarily on monthly wages without specified limit of time or duty, a month's notice of discharge should be given to such a person, and his pay or wages must be paid for any period by which such notice fall short of a month.

(1)     The gratuity prescribed in this Rule is not granted as compensation for loss of employment but only in lieu of notice of discharge, with a view to mitigate the hardship caused to a Government servant by the sudden loss of employment. When, therefore, a Government servant discharged without notice is provided with some other employment on the date on which his services are dispensed with, whether that employment be in qualifying or non-qualifying service, he is not entitled to any gratuity.

?

(2)     Unless it contains an express statement to the contrary, an order for the abolition of a post or appointment shall not be brought into operation till the expiry of three months after notice has been given to the Government servant whose services are to be dispensed with on such abolition. The immediate head of the office or the department shall be held responsible that there is no unnecessary delay in giving such notice. In the case of a Government servant on leave the order shall not be brought into operation until the leave expires.

Note 1 .?This Rule does not apply to cases where specific provision for notice of discharge already exists in the terms of the appointment.

Note 2.? "Emoluments" in this Rule means the emoluments or leave allowances (or partly the one, partly the other), which the Government servant would be receiving during the period in question had the notice not been given to him.

Rule 115.

Whenever it is found necessary to determine the service of a Government servant serving under a contract within the period of his agreement a specific intimation of the determination of the agreement and of the grounds on which it has been determined shall be furnished to the Government servant in writing.

Section III? Invalid Pension.

Sub-Section

(1)? Conditions of grant.

Rule 116.

An invalid pension is awarded, on his retirement from the public service, to a Government servant who by bodily or mental infirmity is permanently incapacitated for the public service, or for the particular branch of it to which he belongs.

Rule 117.

 In the case of partial incapacity [vide alternative certificate in Rule 128], a Government servant should if possible, be employed even on lower pay so that the expense of pensioning him may be avoided. If there be no means of employing him even on lower pay, then he may be admitted to pension; but it should be considered whether in view of his capacity for partially earning a living, it is necessary to grant to him the full pension admissible under Rule.

[14][Rule 118.

A Government servant applying for an invalid pension shall submit a medical certificate of incapacity in the manner specified in

Rule 119.

A Government servant discharged on grounds other than those stated above has no claim to pension under Rule 116, even though he can produce medical evidence of incapacity for service.

Rule 120.

If the incapacity is directly due to irregular or intemperate habits, no pension can be granted. If it has not been directly caused by such habits but has been accelerated or aggravated by them, it will be for the authority by which the pension is grantable to decide what reduction should be made on this account.

Special precautions in the police.

Rule 121.

In the Police Department, Superintendents of Police should be on their guard against endeavors to retire on an invalid pension by Government servants who are capable of serving longer. See also

Sub-Section

(2)? Procedure

[15] [Rule 122.

A Govt. Servant who has submitted under Rule 118, a medical certificate of incapacity for further services, shall, if he is on duty, be invalidated from service from the date of relief of his duties; which should be arranged without delay on receipt of the medical certificate, or, if he is granted leave under Rule 20 of Appendix 9 to the Bihar Service Code, on the expiry of such leave. If he is on leave at the time of submission of the medical certificate, he shall be invalidated from service on the expiry of that leave or extension of leave if any, granted to him under Rule 20 of Appendix 9 of the said Code,

Sub-Section

(3)?Rules Regarding Medical Certificates

(i)       General.

[16] [Rule 123.

(a)      If the Government servant submitting the application is on leave elsewhere than in India, then the examination shall be arranged through the India Missions aboard by a Medical Board consisting of a Physician, a Surgeon and one Ophthalmologist, each of them having the status of a Consultant. The services of doctors approved for the officers and staff of the Mission concerned shall be utilised for the purpose provided they fulfil the above conditions. A lady doctor shall be included as a Member of the Medical Board whenever a woman candidate is to be examined

.(b) If the Government servant submitting the application is in India, then the examining Medical authority shall be?

(1)        a Medical Board, in the case of all Gazetted Government servant and those Non-Gazetted Government servants, whose pay as defined in Rule 34 of the Bihar Service Code exceeds Rs. 5000/- per mensem;

(2)        a Civil Surgeon or a District Medical Officer or Medical Officer of equivalent status in other cases.

[17] [Rule 124.

 Except in the case of a Government servant on leave elsewhere in India, no medical certificate of incapacity for service may be granted unless the applicant produces a letter to show that the head of his office, or Department is aware of his intention to appear before the Medical Officer. The Medical Officer shall also be supplied by the head of the office or Department in which the applicant is employed with a statement of what appear from official records to be the applicant's age. Where the applicant has a service book, the age there recorded should be reported.

Rule 125.

a.        A succinct statement of the medical case, and of the treatment adopted should, if possible be appended.

b.        If the examining Medical Officer, although unable to discover any specific disease in the Government servant, considers him incapacitated for further service by general debility while still under the age of fifty-five years, he should give detailed reasons for his opinion, and if possible, a second medical opinion should always in such a case be obtained.

c.        In a case of this kind, special explanation will be expected from the head of the office or department of the grounds on which it is proposed to invalid the Government servant.

Rule 126.

A simple certificate the inefficiency is due to old age or natural decay from advancing years, is not sufficient in the case of Government servant whose recorded age is less than fifty-five years, but a Medical Officer is at liberty, when certifying that the Government servant is incapacitated for further service by general debility, to state his reasons for believing the age to be understated.

Rule 127.

(a)      Medical Officers should confine themselves to recommending leave to such policemen as are not likely to benefit by a further stay in hospital and should not certify that a policeman is incapacitated for further service unless they are officially requested to report upon his incapacity for further service.

(b)      Medical Officers should be specially searching in their examination of the Physical unfitness of every applicant for pension, and whenever the number of applicants for pension is large the examination should, if possible be conducted by two Medical Officers.

(ii)      Form of medical certificate.

Rule 128.

The form of the certificate to be given respecting a Government servant applying for pension in India is as follows:?

"Certified that I (we) have carefully examined A. B. son of CD. a?in the ...... His age is by his own statement......... years and by appearance..... years. I (we) consider A. B. to be completely and permanently incapacitated for further service of any kind (or in the department to which he belongs) in consequence of.............. (here state disease or cause). His incapacity does not appear to me (us) to have been caused by irregular or intemperate habits."

Note.? If the incapacity is obviously the result of intemperance substitute for the last sentence. "In my (our) opinion, his incapacity is the result of irregular or intemperate habits."

If the incapacity does not appear to be complete and permanent, the certificate should be modified accordingly and the following addition should be made:?I am (we are) of opinion that AB is fit for further service of a less laborious character than that which he has been doing or may, after resting for....... months, fit for further service of a less laborious character than that which he has been doing.

Section IV? Superannuation Pension.

Sub-Section

(1)? Condition of grant.

Rule 129.

Optional retirement at fifty-five.

Rule 130.

A Government servant in superior service who has attained the age of 55 years may, at his option, retire on superannuation pension.

Rule 131.

A Government servant who is compelled to retire under the Rules or who retires voluntarily under Rule 130, and part of whose service has been inferior, is entitled to the option allowed by

Sub-section

(2)? Procedure

Rule 132.

(a)      Each Government servant's case should be taken up when he is approaching the age of superannuation and before the expiry of each extension of service.

(b)      Applications for extension of service of Government servants who are about to attain or have attained the age of superannuation should be made six months before the expiry of the terms of service whether original or extended.

QUESTIONNAIRES

Rule 133.

With a view to the issue of necessary orders as to retention or otherwise of Government servant approaching the age of superannuation both ministerial and non-ministerial the Accountant-General should on or about the 1st of September in each year submit to the authority competent to fill the appointment (if vacant) a list of those Government servants who will attain the age of superannuation or complete the term for which extension has been allowed, during the next official year.

Section V ?Retiring Pension.

Rule 134.

(a)     A retiring pension is granted to a Government servant who is permitted to retire after completing qualifying service for thirty years or such less time as may for any special class of Government servants be prescribed.

(b)     A retiring pension is also granted to Government servant who is required to retire after completing 25 years of qualifying service or more or any other prescribed period of service.

Rule 135.

Government servants mentioned in Rule 5 are entitled, on their resignation being accepted, to a retiring pension after completing qualifying service of not less than 25 years.

Note 1.?Government retains an absolute right to retire any such Government servant after he has completed twenty-five years qualifying service without giving any reasons, and no claim to special compensation on this account will be entertained. This right will not be exercised except when it is in the public interest to dispense with the further services of a Government servant.

Note 2.?In the case of such a Government servant who was in the service on or before the 15th November, 1919, acceptance of his resignation will in no circumstances be deferred beyond a period of six months from the date on which his application to resign was submitted.

Note 3.?See also Rule 157.

CHAPTER V

II

Amount of Pensions

Section I?General

Rule 136.

The amount of pension that may be granted is determined by length of service as set forth in the succeeding Sections of this Chapter. Fractions of a year are not taken into account in the calculation of pension:

Provided that the amount of special additional pension under Rule 147 is determined by completed months of service e.g. two years six months of qualifying service will count as 30 months and additional pension will be calculated accordingly, fraction of a month being disregarded.

[20]Rule 137.

Pensions fixed in rupees should be calculated to the nearest multiple of five paise.

This has effect from 1st April, 1957.

Rule 138.

 A pension is fixed in Indian rupees even though it is payable out-side India.

Rule 139.

(a)      The full pension admissible under the Rules is not to be given as a matter of course, or unless the service rendered has been really approved.

(b)      If the service has not been thoroughly satisfactory, the authority sanctioning the pension should make such reduction in the amount as it thinks proper.

(c)       The State Government reserve to themselves the powers of revising an order relating to pension passed by subordinate authorities under the control, if they are satisfied that the service of the pensioner was not thoroughly satisfactory or that there was proof of grave misconduct on his part while in service. No such power shall however, be exercised without giving the pensioner concerned a reasonable opportunity of showing cause against the action proposed to be taken in regard to his pension, or any such power shall be exercised after the expiry of three years form the date of the order sanctioning the pension was first passed.]

Rule 140.

If a Government servant who is entitled to compensation pension accepts instead another appointment in the public service, and subsequently becomes again entitled to receive a pension of any class, the amount of such pension shall not be less than he could have claimed if he had not accepted the appointment.

Limitations.

Rule 141.

A Government servant entitled to pension may not take a gratuity instead of pension.

Rule 142.

If a Government servant has held more than one appointment in respect of each of which, if he had held it separately and alone, pension would have been admissible to him, the pension admissible to him is the sum of the several pension which would have been admissible to him if he had held each post separately and alone. The consolidated pension thus admissible is subject to the limitations prescribed in Sections II to IV of this Chapter.

Rule 143.

A Government servant is not entitled, for service in a post conjointly with another post, to any pension which would not have been admissible to him if he had held the post separately and alone.

Section II? Superior Pension

Sub-Section

(I)? Gratuity

[21] [Rule 144.

After a service of less than 10 years the amount of gratuity will be 1/2 month's emoluments for each completed six monthly period of service. If the emoluments of the Government servant have been reduced during the last three years of service otherwise than as a penalty, average emoluments may at the discretion of the authority, which has power to sanction the gratuity, be substituted for emoluments.

Sub-Section

(2)? Pension

[22][Rule 145.

After a service of not less than 10 years the amount of pension shall not exceed the following amounts?

(a)      For retiring pensions.?

(b)      for other pensions?

Upto 49 completed six monthly periods of service as a Clause (a) above and after 49 completed six monthly periods of completed service or above 30/60 average emolument subject to a maximum of Rs. 5,000 a year or Rs. 416 2/3 per mensem.

[23] [Rule 146.

For Government servants mentioned in Rule 5, of the Bihar Pension Rules, the scale of pension will be as follows:?

(i)       For retiring pensions?

Upto 49 completed six-monthly period of service?as in Clause (a) above thereafter?

(ii)      For other pensions?

upto 49 completed six monthly periods of qualifying service as in Clause (a) above, thereafter?

Section II?Special Additional Pension

Rule 147.

For Government servant mentioned in Rule 5, the Rule for the grant of special additional pension is as follows:?

(1)     A Government servant, who has held a post listed in the lower grade in the schedule below, may be allowed by the Provincial Government an annual additional pension at the rate of Rs. 16 2/3 for each completed month of effective service in any post included in that grade provided that no Government servant may draw an additional pension in excess of Rs, 1,000 a year in respect of service classed in the lower grade.

(2)     A Government servant, who has held a post listed in the upper grade in the schedule below may be allowed by the Provincial Government an annual additional pension at the rate of Rs. 25 for each completed month of effective service in any post included in that grade, provided that no Government servant may draw an additional pension in excess of Rs. 1,500 a year in respect of service rendered in lower and upper grades, combined or in the upper grade alone. In the case of a, Government servant who has earned an additional pension in both the upper and in the lower grades, service for any broken period of a month in the upper grade may count as service in the lower grade if the pension of the Government servant is increased thereby.

(3)     A Government servant, who had held a temporary post which has been declared by the authority competent to create post as carrying similar duties and responsibility and which carries the same rates of pay as post listed in the schedule below, may be allowed by the Provincial Government an additional pension in respect of the post at the rate and subject to the conditions prescribed in clauses (1) or (2) of this Rule, as the case may be.

(4)     For the purpose of Clauses (1), (2) and (3) of this Rule, the expression "effective service" includes besides period of duty in a post referred to in these clauses:?

(i)       duty performed?

(a)     in a post of corresponding rank and responsibility in foreign service; or

(b)     on deputation on special duty; or

(c)      in a temporary post; or

(d)     in a permanent post in an officiating capacity, to which a Government servant is transferred or appointed while holding the post mentioned in Clauses (1), (2) or (3): if, in the case of a Government servant who held a post mentioned in Clause (1) or (2) in an officiating capacity, or of a Government servant who held a post mentioned in Clause (3) the Provincial Government certifies that he would, if he had not been so transferred or appointed, have continued to officiate in or hold the post concerned.

(ii)      the first four months of any period of earned leave on average pay under the Bihar Service Code, taken by a Government servant during his service in post mentioned in Clauses (1) or (2) or during the period of duty covered by sub-clause (i) of this clause, in the case of Government servant who has held a post mentioned in Clauses (1) or (2) in an officiating capacity, or who has held a post mentioned in Clause (3), the Provincial Government certifies that he would, if he had not proceeded on leave, have continued to officiate in the post mentioned in Clauses (1) or (2) or have held a post mentioned in Clause (3).

(5)     A Government servant who has received under Rule 325 (1) of the Bihar Service Code, officiating promotion to one of the posts listed in the schedule below, or in whose case the Provincial Government certifies that he would have received such promotion, had he not been on special duty or held a temporary post, may be allowed by the Provincial Government an additional pension at the rates and subject to the conditions prescribed in Clause (1) or Clause (2) of this Rule, as the case may be, as though he had held during the period, for which he officiated, or would have officiated, a post listed in the schedule.

Note.?For the purpose of this clause the period of officiating promotion includes the first four months period of earned lerve on average pay under the Bihar Service Code, taken during the period if the Provincial Government certifies that had the Government servant not been on leave, he would have continued in the same capacity, but does not include any other leave.

(6)     The award of full special additional pensions will be subject to the conditions given in

Note 1 .?In the case of a Government servant retiring after rendering a part of service qualifying for special additional pension under another Government, the ordinary pension admissible should be granted without delay. To avoid unnecessary delay in the award of a special additional pension, the administrative department should as soon as a Government servant returns to service under the Provincial Government ascertain whether the service rendered under the other Government has been admitted as qualifying for additional pension.

(7)     The grant of additional pension is subject to the condition that the Government servant must in the event of voluntary retirement have completed 28 years of qualifying service. Voluntary retirement for the purpose of this Rule should be taken as retirement under Rules 130 and 135.

Schedule of appointments carrying additional pensions

A?Upper Grade

Chief Engineer, Public Works Department.

Director of Public Instruction.

B?Lower Grade

Conservator of Forests.

Director of Veterinary Service.

Director of Agriculture.

Director of Public Health.

Inspector-General of Registration.

Inspector-General of Correctional Services (Prisons).

Secretary to Government.

All Government servants holding pre-existing superior I.C.S. posts lower in rank than of a Commissioner of Division or a District and Sessions Judge in the selection grade.

Section IV?Inferior Pension

Sub-Section

(1)?General

Rule 148.

Provided that he may, if appointed before 1st January, 1945 continue in service until he has qualified for the maximum pension admissible according to the Rules made by the State Government or until he has attained the age of 65 years, which event occurs first:

Provided further that such continuation in service after attaining the age of 60 years shall be conditional on the physical and mental fitness of the Government Servant concerned.]