The Orissa Civil Services (Pension) Rules, 1992

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Orissa hereby makes the following rules to regulate the grant of pension, gratuity and other retirement benefits to the persons on retirement from service in connection with the affairs of the State of Orissa, namely :

CHAPTER-I

Preliminary

Rule - 1. Short title and commencement.?

 

(1)     These rules may be called the Orissa Civil Services (Pension) Rules, 1992.

 

(2)     They shall [come into force] on such date as the State Government may by notification appoint.

Rule - 2. Definitions.?

 

(1)     In these rules, unless the context otherwise, requires-

 

(a)      "Accountant-General" means the Head of the Office of the Audit and Accounts subordinate to the Comptroller and Auditor General of India, who keeps the accounts of the State and exercises audit functions relating to those accounts on behalf of the Comptroller and Auditor-General, India and includes an Audit Officer and Accounts Officer;

 

(b)      "Child" means a child of the Government servant who ?

 

(c)      in the case of a son, until he starts earning his livelihood or attains the age of twenty-five years, whichever is earlier; and

 

(d)      in the case of a daughter, until she gets married or starts earning her livelihood or attains the age of twenty-five years, whichever is earlier;

 

(e)      "Consolidated Fund" means the Consolidated Fund of India or the Consolidated Fund of a State or the Consolidated Fund of a Union Territory, as the case may be;

 

(f)       "Day" means a calendar day, beginning at the zero hour of the midnight at the ending at the zero hour of the next midnight, but an absence from headquarters which does not exceed twenty-four hours shall be reckoned for all purposes as one day, at whatever hours the absence begins or ends;

 

(g)      "Emoluments" means the basic pay as defined in Rule 33(a) (i) of the Orissa Service Code which the Government servant was receiving immediately before retirement or on the date of death and includes ?

 

(h)     personal pay, and additional pay granted under Rule 37 (a) and Rule 96 respectively of the Orissa Service Code, and

 

(i)       any other recurring emoluments which may be specially classed as 'Pay' by the Government under Rule 33(a) (iii) of the Orissa Service Code;

 

Explanation - In calculating 'emoluments' the amount received before retirement on the basis of monthly time-scale of pay shall be taken into account irrespective of the fact whether the employee has received the emoluments for a total period of 30 days or for a portion thereof;

(j)       "Family pension" means the family pension admissible under Rule 56;

 

(k)      "Foreign service" means the service in which a Government servant receives his pay with the sanction of Government from any source other than the Consolidated Fund;

 

(l)       "Form" means a form appended to these rules;

 

(m)    "Governor" means the Governor of Orissa;

 

(n)     "Government" means the State Government of Orissa;

 

(o)      "Gratuity" includes ?

 

(p)      'Service Gratuity' payable under Clause (i) of Sub-rule (5) of Rule 47;

 

(q)      'Death Gratuity' payable under Sub-rule (2) of Rule 49;

 

(r)      'Retirement Gratuity' payable under Sub-rule (1) of Rule 49;

 

(s)      'Residuary Gratuity' payable under Sub-rule (3) of Rule 49;

 

(t)       "Head of the Department" means an authority specified in Appendix 3 of the Orissa Service Code and includes such other authority whom the Governor may, by order, declare as Head of a Department;

 

(u)     "Head of Office" means a Gazetted Officer including an authority or person whom the competent authority may, by order, specify as Head of Office;

 

(v)      "Minor" means a person who has net completed the age of eighteen years;

 

(w)     "Month" means a month reckoned according to the British calendar;

 

Explanation (1) - 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;

 

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

 

(x)      "Pension" includes gratuity except where the term pension is used in contradiction to gratuity;

 

(y)      "Pension Sanctioning Authority" means the appointing authority competent to make appointment to the post held by the retiring Government servant :

 

[Provided that where the appointing authority in the Government or the Principal, Secretary, Commissioner-cum-Secretary or the Secretary to Government, the authority to sanction pension under these rules may be delegated by the said appointing authority to any subordinate officer under his/her direct control authorised to authenticate Government order under the Rules of Business.]

 

(z)      "Qualifying service" means the service rendered by a Government servant which shall be taken into account for the purpose of pension and gratuity admissible under these rules;

 

(aa)   "Retirement" means discharge of an Officer on pension and/or gratuity as admissible under these rules;

 

(bb)   "Retirement benefits" includes pension or service gratuity and death gratuity, retirement gratuity where admissible;

 

(cc)    "Schedule" means the Schedule appended to these rules;

 

(dd)   "State" means the State of Orissa;

 

(ee)   "Treasury" includes a Special Treasury and a Sub-Treasury.

 

(2)     Words and expressions used in these rules but not defined, unless the context otherwise requires to have the same meanings as respectively assigned to them in the Orissa Service Code.

Rule - 3. Application.?

 

(1)     Save as otherwise provided in these rules, these rules shall apply to Government servants, appointed in posts and services in connection with the affairs of the State which are borne on pensionable establishment, but shall not apply to ?

 

(a)      Persons in casual and daily rated employment;

 

(b)      Persons paid from contingencies;

 

(c)      Persons entitled to the benefits of Contributory Provident Fund;

 

(d)      Members of the All India Services;

 

(e)      Persons employed on contract except when the contract provides otherwise;

 

(f)       Persons whose terms and conditions of service are regulated by or under the provisions of the Constitution or any other law for the time being in force.

 

(2)     A Government servant who is transferred permanently to a service or post to which these rules apply from a service or post to which these rules do not apply shall become subject to these rules :

 

(3)     Provided that it shall be open to him, within six months of the date of issue of the order of his permanent transfer, or if he is on leave on the said date, then, within six months of his return from leave, whichever is later, to opt to be governed by the Pension Rules to which he was subject immediately before the date of his transfer. The option shall be exercised in writing and communicated to the authority making such order of transfer.

 

(4)     The option once exercised, shall be final.

 

(5)     Notwithstanding anything contained in these rules, all persons appointed under the Government of Orissa with effect from the 1st day of January 2005 shall not be eligible for pension as defined under sub-rule (1) of Rule 3 of the said rules but shall be covered by the defined contribution Pension Scheme as specified below

 

(6)     The monthly contribution would be 10% of the Salary and Dearness Allowance to be paid by the employee and the Government would also provide a matching contribution. The contribution so made would be deposited in a non-withdrawable pension tier-I account.

 

(7)     Such funds will be invested by pension fund managers as approved by Pension Fund Regulatory and Development Authority (P.F.R.D.A.) under different categories of scheme which would be a mix of debt and equity. The fund managers would give out easily understood information about the performance of different investment schemes So that individual Government employee would be able to make informed choices about which scheme to choose.

 

(8)     In addition to the above provision, each individual may also have a voluntary tier-II withdrawable account at his option. This option is provided as General Provident Fund will be withdrawn for employees recruited to the State Government service with effect from the 1st January 2005. Government will make no contribution into this account. In tier-II system, the individual may subscribe 10% of his salary and these assets would be managed through exactly the above procedure. However, the employee would be free to withdraw part or all of second tier of his money at any time. This withdrawable account does not constitute pension investment and would attract no special tax treatment.

 

(9)     At the time of retirement, Government servant will receive the lump sum amount of 60% deposited in pension tier-I account as pension wealth and it is mandatory to the Government servant to invest remaining 40% of his pension wealth to purchase as annuity from an Insurance Regulatory and Development Authority-Regulated Life Insurance Company. The annuity shall provide for pension for the life time of the employee and his dependent parents and his spouse at the time of retirement. The individual would receive lump sum of the remaining pension wealth, which he would be free to utilise in any manner. Individuals would have the flexibility to leave the pension system prior to age of 58 years or 60 years as the case may be. In such case the mandatory annuitisation would be 80% of the pension wealth.]

Rule - 4. Protection of privilege.?

 

Nothing in this rules shall operate to deprive any Government servant of any right or privilege to which he is entitled ?

 

(a)      by or under any law for the time being in force; or

 

(b)      by terms of any agreement subsisting between such person and the Governor at the commencement of these rules; or

 

(c)      to confer on him any right or privilege in respect of any matter for which specific provision is made by the terms of any agreement between such persons and the Governor.

CHAPTER-II

General conditions

Rule - 5. Regulation of claims to pension or family pension.?

 

(1)     Any claim to pension or family pension shall be regulated by the provisions of these rules in force at the time when a Government servant retires or is retired or is discharged or is allowed to resign from service or dies, as the case may be.

 

(2)     The day on which a Government servant retires or is retired or is discharged or is allowed to resign from service, as the case may be, shall be treated as his last working day. The day of death shall also be treated as a working day.

Rule - 6. Pension subject to future good conduct.?

 

(1)     Future good conduct shall be an implied of every grant of pension and its continuance under these rules.

 

(2)     The pension sanctioning authority may by order in writing, withhold or withdraw a pension or part thereof whether permanently or for a specified period, if the pensioner is convicted of a serious crime of is found guilty or grave misconduct :

 

Provided that no such order shall be passed by an authority subordinate to the authority competent to make an appointment to the post held by the pensioner immediately before his retirement from service :

 

Provided further that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of minimum limit.

 

(3)     Where a pensioner is convicted of a serious crime by a Court of Law, action under Sub-rule (1) shall be taken in the light of the judgement of the Court relating to such conviction.

 

(4)     In a case not falling under Sub-rule (3), if the authority referred to in Sub-rule (2), considers that the pensioner is prima facie guilty of grave misconduct, it shall before passing an order under Sub-rule (2)-

 

(5)     serve upon the pensioner a notice specifying the action proposed to be taken against him and the ground on which it is proposed to be taken and calling upon him to submit, within fifteen days of the receipt of the notice or such authority, such representation as he may wish to make against the proposal; and

 

(6)     take into consideration the representation, if any, submitted by the pensioner under Clause (3).

 

(7)     Where the authority competent to pass an order under Sub-rule (2) is the Government, the Orissa Public Service Commission shall be consulted before the order is passed.

 

(8)     An appeal against an order under Sub-rule (2) passed by any authority other than the Governor shall lie to the Governor and the Governor shall,-in consultation with the Orissa Public Service Commission, pass such orders on the appeal as he deems fit.

 

Explanation - In this rule ?

 

(9)     the expression 'serious crime' includes a crime involving an offence under the Official Secret Act; 1923 (19 of 1923);

 

(10)   the expressions 'grave misconduct' includes the communication or disclosure of any secret official code or pass-word of any sketch, plan, model, articles, notes, document or information such as is mentioned in Section 5 of the Official Secret Act, 1923 (19 of 1923) (which was obtained while holding office under the Government) so as to prejudicially affect the interests of the General Public or the security of the State.

Rule - 7. Right of Government to withhold or withdraw pension.?

 

(1)       The Government reserve to themselves the right of withholding a pension or gratuity, or both either in full or in part, or withdrawing a pension in full or in part, whether permanently or for a specified period and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Government, if in any departmental or judicial proceedings, the pensioner found guilty of grave misconduct or negligence in duty during the period of his service including service rendered on-re-employment after retirement :

 

Provided that the Orissa Public Service Commission shall be consulted before the final orders are passed :

 

Provided further that when a part of pension is withheld/withdrawn, the amount of such pension shall not be reduced below the amount of minimum limit.

 

(2)       Such departmental proceedings referred to in Sub-rule (1), if instituted while the Government servant was in service, whether before his retirement or during his re-employment, shall, after the final retirement of the Government servant, be deemed to be a proceeding under this rule and shall be continued and concluded by the authority by which they were commenced in the same manner as if the Government servant had continued in service :

 

Provided that when the departmental proceedings are instituted by an authority, subordinate to Government that authority shall submit a report recording its finding to the Government.

 

(3)       Such departmental proceedings as referred to-in Sub-rule (1) if not instituted while the Government servant was in service, whether before his retirement or during his re-employment ?

 

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

 

(5)       shall not be in respect of any event which took place more than four years before such instruction; and

 

(6)       shall be conducted by such authority and in such place as the Government may, direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the Government servant during his service.

 

(7)       No judicial proceedings, if not instituted while the Government servant was in service, whether before his retirement or during his re-employment, shall be instituted in respect of a cause of action which arose or in respect of an event which took place, more than four years before such institution.

 

(8)       In the case of Government servant who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are-continued under Clauses (a) and (b), a provisional pension as provided in Rule 66 shall be sanctioned.

 

(9)       Where the Government decide not to withhold or withdraw pension but order recovery of pecuniary loss from pension, the recovery shall not ordinarily be made at a rate exceeding one-third of the pension admissible on the date of retirement of a Government servant.

 

Explanation - For the purpose of this rule -

(a)      Departmental proceedings shall be deemed to be instituted on the date on which the statement of charges are issued to the Government servant or pensioner, or if the Government servant has been placed under suspension from the date of his suspension; and

 

(b)      judicial proceedings shall be deemed to be instituted ?

 

(c)      in the case of criminal proceedings, in the date on which the complaint or report of a police officer, of which the Magistrate takes cognizance, is made; and

 

(d)      in the case of Civil proceedings, on the date of presentation of the plaint in the Court.

Rule - 8. Claim to pension.?

 

In the following cases no claim to pension is admitted, namely :

 

(a)      When a pensioner's whole time is not stained for public service but he is merely paid for a work done for the State, such as Advocate-General, Government Pleaders and Law Officers appointed to conduct cases in Courts;

 

(b)      When a public servant holds some other pensionable post, he earns no pension in respect of the second post;

 

(c)      When a Government servant serves under an agreement which contains no stipulation regarding pension, unless the Government specifically authorise him to count such service towards pension; and

 

(d)      When a person is appointed for a limited time only, or for a specified duty on the completion of which he is to be discharged; and

 

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

Rule - 9. Limitations on number of pensions.?

 

(1)     A Government servant shall not earn two pensions in the same service or post at the same time or by the same continuous service.

 

(2)     Except as provided in Rule 30, a Government servant, who having retired on a superannuation pension or retiring pension, is subsequently re-employed shall not be entitled to a separate pension or gratuity for the period of his re-employment.

CHAPTER-III

Rule - 10. Commencement of qualifying service.?

 

Subject to the provisions of these rules, qualifying service of the Government servant shall commence from the date he takes charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity :

 

Provided that except for compensation gratuity, a Government servant's service does not qualify for pension till he has completed eighteen years of age :

 

Provided further that nothing contained in this rule shall apply to the persons who were in service on the 8th September, 1962 and in whose case a lower age-limit had been prescribed.

Rule - 11. Conditions of qualifying service.?

 

Subject to the provisions hereinafter contained, the service of a Government servant shall qualify for pension if it conforms to the following three conditions, namely :

 

(1)     The service must be under Government;

 

(2)     The employment must be in a pensionable establishment/post and

 

(3)     The service must be paid by Government.

Rule - 12. Conditions of qualifying pension.?

 

Notwithstanding anything contained in the provisions of Clauses (1) and (2) of Rule 11, Government may, in the case of service paid from the Consolidated Fund of the State ?

 

(a)      declare that any class of service shall qualify for pension; and

(b)      in individual cases, and subject to such conditions as they think fit to be imposed in each case, allow service rendered by a Government servant to count for pension.

Rule - 13. Counting of service under orders of Government.?

 

The Service of a Government servant does not qualify for pension unless he is appointed and his duties and pay are regulated by the Government or under orders of Government.,

Rule - 14. Counting of service on contract.?

 

(1)     A person who is initially engaged by the Government on a contract basis for a specified period and is subsequently appointed to the same or another post in a temporary or substantive capacity in a pensionable establishment without interruption of duty, may opt either ?

 

(a)      to retain the Government contribution in the contributory provident fund with interest thereon including any other compensation for that service;

 

(b)      to agree to refund to the Government the monetary benefits referred to in Clause (a) or to go the same if they have not been paid to him and count in lieu thereof the service for which the aforesaid monetary benefits paid or have become payable.

 

(2)     The option under Sub-rule,(1) shall be communicated to the Appointing Authority under intimation to the Accounts Officer within a period of three months from the date of issue of the order of transfer to pensionable service or if the Government servant is on leave on that day, within three months of his return from leave.

 

(3)     If no communication is received by the Appointing Authority within the period referred to in Sub-rule (2), the Government servant shall be deemed to have opted for the retention of the monetary benefits payable or paid to him on account of service rendered on contract.

Rule - 15. Counting of service paid from household allowances of the Governor.?

 

Service on an establishment paid from the household allowances of the Governor does not qualify for pension.

 

Explanation - If an Officer has served partly on the household establishment of the Governor, in a capacity which would have given him claim to pension if the service had been paid from the Consolidated Fund of the State, he is entitled from the Consolidated Fund of the State the share of any pension to which he would have been entitled if his whole service had been paid from the Consolidated Fund of the State, proportionate to the length of the Service which has been so paid.

Rule - 16. Counting of ex-State Service.?

 

(1)     Service rendered to an ex-State, which was merged in the State of Orissa and continued under the Government of Orissa after the date of merger of the ex-State, qualifies for pension, subject to the following conditions, namely :

 

(2)     If an ex-State employee was serving in a State which had a pension or gratuity system, the period of service which is definitely established as qualifying for pension or gratuity according to the rules of that merged State will only be taken into account :

 

Provided that where such an employee governed under a gratuity systems has received any amount of gratuity in respect of any spell of service rendered to an ex-State, such spell of service shall not count for pension unless he has refunded the said amount with interest at the rate of three per cent per annum calculated from the date of its receipt.

 

(3)     If an employee who was under a Contributory Provident Fund system in an ex-State and who, after merger of the State, has come over to the pension systems either by exercise of options or otherwise the service rendered by him under such system counts for pension :

 

Provided that the period of service during which such employee did not subscribe to the Contributory Provident Fund under the rules of the ex-State applicable to him shall not count for pension :

 

Provided further that where such employee has withdrawn his accumulations alongwith the contribution from the ex-State from the said fund in respect of any spell of service. Such spell of service shall not count for pension unless he has refunded to the State Government the said contribution with simple interest at the rate of three per cent per annum calculated from the date of its withdrawal.

 

Note - The period of service during which the employee did not subscribe to the Contributory Provident Fund under the rules of the ex-State, whether he was eligible or ineligible to subscribe, shall not count for pension.

 

(4)     If a person who was dismissed from service by any State Government the Government of India had been employed in the service of any ex-State, the service rendered by him in such ex-State shall not count for pension, unless otherwise ordered by Government.

 

Explanation - For the purpose of this rule 'ex-State' means an Indian State merged with the State of Orissa on or after the 1st day of January, 1948.

 

(2) If a person who was in permanent pensionable service of any ex-State at the time of merger but continued as a contingency paid or work-charged employee after merger the period of post-merger service shall count for pension under Sub-rule (1).

Rule - 17. Counting of ex-District Board service.?

 

Service rendered by employees of ex-District Boards/ex-Local Boards, irrespective of the fact whether they came over to Government service prior to the date of abolition or were absorbed in Government service due to the abolition of the District Boards/Local Boards, qualifies for pension subject to the following conditions namely :

 

(i)       The period of the service during which the employee did not subscribe to the Contributory Provident Fund, even though under the rules of the ex-District Board/ex-Local Board he was eligible or ineligible to subscribe, shall not count for pension.

 

(ii)      Where the employee has withdrawn his accumulation in Contributory Provident Fund along with the employer's share of contribution in respect of any spell of service, such spell of service shall not count for pension unless he has refunded to the State Government the employer's contribution received by him.

Rule - 18. Conditions subject to which service qualifies.?

 

(1)     Service does not qualify for pension unless it is rendered in a pensionable establishment post.

 

(2)     The entire continuous temporary or officiating service under Government without interruption in the same post or any other post, shall count for the purpose of pension in respect of all categories of Government servants except in the following cases, namely :

 

(i)       Period of service in an non-pensionable establishment;

 

(ii)      Period of service in the work-charged establishment;

 

(iii)     Period of service paid from contingencies;

 

(iv)    Where the employee concerned resigns and is not again appointed to service under Government or is removed/dismissed from public service;

 

(v)      A probationer who is discharged from service for failure to pass the prescribed test or examination;

 

(vi)    Re-employed pensioner Government servants engaged on contract and Government servants not in whole time employment of Government;

 

(vii)   Service paid from Local Fund or Trust Fund;

 

(viii)  Service in an office paid by fees whether levied by law or under authority of the Government or by Commission; and

 

(ix)    Service paid out of the grant in accordance with Law or Custom.

 

(3)     Notwithstanding anything contained in Clauses (i) and (ii) of Sub-rule (2) a person who is initially appointed by the Government in a work-charged establishment for a period of five years or more and is subsequently appointed to the same or another post in a temporary or substantive capacity in a pensionable establishment without interruption of duty, the period of service so rendered in work-charged establishment shall qualify for pension under this rule.

 

(4)     Notwithstanding anything contained in Sub-rule (1) Government may, by general or special order; prescribe any class of service or post which were previously born under work-charged establishment or paid from contingencies to be pensionable.

 

(5)     Notwithstanding anything contained in Sub-rules (1) and (2) in case of a Government servant belonging to Government of India or other State Government on his permanent transfer to the State Government the continuous service rendered by him under pensionable establishment of Government of India or any other State Government, as the case may be, shall count as qualifying service for pension.

 

(6)     [Notwithstanding anything contained in Clauses (i) and (iii) of Sub-rule (2), a person who is initially appointed in a job contract establishment and is subsequently brought over to the post created under regular/pensionable establishment, so much of his job contract service period shall be added to the period of his qualifying service in regular establishment and would render him eligible for pension.]

Rule - 19. Counting of service on probation.?

 

Service on probation against a post if followed by regular appointment in the same or another post shall qualify for pension.

Rule - 20. Counting of service as apprentice.?

 

Service as an apprentice shall qualify for pension, if such service is followed by regular appointment to Government service.

Rule - 21. Counting of service in Survey and Settlement Organisation.?

 

Except in pensionable-establishment, service in survey and settlement Organisation shall not count unless it is followed without interruption by qualifying service.

Rule - 22. Service paid from the Consolidated Fund.?

 

Service paid from the Consolidated Fund qualifies for pension. The fact that arrangements are made by Government for recovery of the whole or part of the cost of an establishment or office does not affect the operation of this principle provided that the establishment or officer appointed controlled and paid by the Government.

Rule - 23. Counting of periods spent on leave.?

 

(1)     All leave during service of a Government servant for which leave salary is payable and all extraordinary leave granted ?

 

(2)     on medical certificate; or

 

(3)     due to his inability to join or rejoin duty on account of Civil Commotion; or

 

(4)     for prosecuting higher scientific or technical studies, shall count as qualifying service.

 

(5)     Period of unauthorised leave of absence or joining time for which no joining time pay and allowances are admissible do not count for pension.

 

Note - The period of extraordinary leave taken on all other grounds which does not count as qualifying service shall be mentioned in the Service Book/Record.

Rule - 24. Counting of periods spent on training.?

 

The Government may, by order, decide whether the time spent by a Government servant under training (including a person under training immediately before appointment under Government) shall count a qualifying service.

Rule - 25. Counting of period of suspension.?

 

Time spent by a Government servant under suspension pending inquiry shall count as qualifying service where on conclusion of such inquiry, he has been fully exonerated or the suspension is held to be wholly unjustified. In other cases, the competent authority shall declare as to what extent the period of suspension will not count as qualifying service. Specific entry in this regard will be made in the Service Book/Record, in absence of which the entire period of suspension shall count as qualifying service.

Rule - 26. Counting of past service on reinstatement.?

 

(1)     A Government servant who is dismissed, removed or compulsorily retired from service, but is reinstated on appeal or review, is entitled to count his past service qualifying services.

 

(2)     The period of interruption in service between the date of dismissal, removal or compulsory retirement as the case be, and the date of reinstatement, and the period of suspension, if any, shall not count as qualifying service unless regularised as duty or leave as due and admissible.

Rule - 27. Deputation on foreign service.?

 

(1)     All duties rendered under foreign service count as qualifying service.

 

Note - Realisation of foreign service contributions shall be the responsibility of the Organisation and deputation sanctioning authority.

 

(2)     A Government servant deputed on foreign service to the United Nations Organisation or similar International Organisation/Institution/Agency/ Embassy outside India, may at his option ?

(a)      pay the pension contributions in respect of his foreign service and count such service as qualifying for pension under these rules;

 

(b)      avail of the retirement benefits admissible under the rules of the aforesaid Organisation and not count such service as qualifying for pension under these rules;

 

(c)      where a Government servant opts under Clause (b), retirement benefits shall be payable to him in India in rupees from such date and in such manner as the Government may, by order, specify;

 

(d)      pension contribution if any, paid by the Government servant, shall be refunded to him.

Rule - 28. Counting of Service while on deputation out of India.?

 

When a Government servant is deputed out of India on duty, the whole period of his absence from India counts for pension 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 shall also count for pension.

Rule - 29. Time spent on voyage.?

 

Time spent on the voyage to India by a Government servant who is compulsorily recalled to duty, before expiry of leave out of India, shall count for pension.

Rule - 30. Counting of military service.?

 

(1)     A Government servant who is re-employed in a civil service or post before attaining the age of superannuation and who, before such re-employment had rendered military service after attaining the age of eighteen years may on such re-employment, opt either ?

 

(a)      to continue to draw the military pension and/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 cease to draw his pension and refund-

 

(c)      the pension already drawn after re-employment;

 

(d)      the value received for the commutation or a part of military pension; and

 

(e)      the amount of retirement gratuity including service gratuity or bonus, if any, and counting previous military service as qualifying service in which case the service so allowed to count shall be restricted to a service within or outside the employees' 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;

 

Provided that -

(f)       the pension drawn prior to the date of re-employment shall not be required to be refunded;

 

(g)      the pension which was ignored for fixation of his pay including the pension which was not taken into account for fixation of pay on re-employment shall be refunded by him;

 

(h)     the commuted part of pension, if any, which was taken into account for fixation of pay shall be set off against the amount of gratuity and the commuted value of pension and the balance, if any, shall be refunded by him.

 

Explanation - In this clause the expression which was taken into account means the amount of pension by which the pay of the Government servant was reduced on initial re-employment and the expression which was not taken into account shall be construed accordingly.

 

(2)     The authority issuing the order of appointment to a Civil Service or post as is referred to in Sub-rule (1) shall alongwith such order require in writing the Government servant to exercise the option in writing under that sub-rule within six months of the date of joining in the service post bringing to his notice under the provisions of Clause (b) of Sub-rule (1).

 

(3)     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).

 

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

 

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

 

(6)     In the case of a Government servant, who having opted under Clause (b) of Sub-rule (1) to refund the pension and bonus or gratuity, dies before the entire amount is refunded, the refundable amount of pension and/or gratuity, bonus shall be adjusted against the gratuity which may become payable to his family.

 

(7)     When an order is passed under this rule allowing previous military service to count as part of the service qualifying for civil pension, the order shall be deemed to include the condonation of interruption in service if any, in the military service and between the military and civil services.

Rule - 31. Counting of war service.?

 

A Government servant who, prior to his appointment in a civil service or post had satisfactorily rendered as whole time, enlisted or commissioned war service in the Armed Forces of India or in similar Forces of a Common Wealth Country from the 3rd September, 1939 to the 1st April, 1946, which did not earn a service pension under the military or naval or air force 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, and in the case of services or posts for which no minimum age is fixed, no portion of such service rendered before attaining the age of eighteen years shall be allowed to count for qualifying service :

 

(b)      no contribution towards or share of pension earned as a result of.counting war service rendered in a Force of a Common Wealth Country shall be claimed for the Government of that country.

 

(c)      no refund of bonus or gratuity in respect of his war service shall be demanded from the Government servant concerned. If however, the Government servant has been granted any retirement gratuity for service covering both the post-war and war period, such gratuity shall be refundable.

Rule - 32. Addition to qualifying service in exceptional circumstances.?

 

(1)     The State Government may, in exceptional circumstances as noted hereunder add to the service of a Government servant for qualifying superannuation pension only a period not exceeding one-fourth of the length of his service or the actual period by which his age at the time of recruitment exceeds thirty-two years or a period of five years whichever is least-

 

(a)      the service or post for which post-graduate research or specialist qualification or experience in scientific, technological or professional field is essential; and

 

(b)      to which candidates of more than thirty-two years of age are normally recruited :

 

Provided that this concession shall not be admissible to a Government servant unless his actual qualifying service at the time he quits Government service is not less than ten years.

 

[Provided further that nothing contained in this rule shall be construed as to apply to any person recruited prior to the commencement of these rules, and the case of every such person shall be regulated by the provisions as in force at the time of his recruitment.]

 

(2)     A Government servant who is recruited at the age of thirty-five years or more, may, within a period of three months from the date of his appointment, may opt to forego his right to pension whereupon he shall be eligible to subscribe to Contributory Provident Fund.

 

(3)     The option referred to in Sub-rule (2) once exercised, shall be final. If no option is received within the stipulated period mentioned in Sub-rule (2), the Government servant shall be deemed to have elected to continue under this rule.

 

(4)     The Administrative Department shall after consultation with the Finance Department and the Orissa Public Service Commission, decide at the time of recruitment, as to whether a person fulfils the conditions specified in Sub-rule (1).

 

Note - The concession envisages under Sub-rule (1) shall not be admissible to those who are eligible for counting their past service for superannuation pension unless they opt before the date of their retirement. Option once exercised shall be final, for the weightage of service forgoing the counting of the past service.

Rule - 33. Forfeiture of service on dismissal or removal.?

 

Dismissal or removal of a Government servant from a service or post unless otherwise provided in these rules, shall entail forfeiture of his past service.

Rule - 34. Forfeiture of service on resignation.?

 

(1)     Resignation from a service or a post, unless it is allowed to be withdrawn in the public interest by the appointing authority, entails forfeiture of past service.

 

(2)     A resignation shall not entail forfeiture of past service if it has been submitted to take up with proper permission, another appointment, whether temporary or permanent, under the State Government where service qualifies.

 

(3)     Interruption in service in a case falling under Sub-rule (2) due to the two appointments being at different stations, not exceeding the joining time as permissible under the rules of transfer, shall be covered by grant of leave of any kind due to the Government servant on the date of relief or by formal condonation to the extent to which the period is not covered by leave due to him.

 

(4)     The appointing authority may permit a person to withdraw his resignation in the public interest where the officer wishes to withdraw it and that the resignation was tendered by the Government servant for some compelling reasons which did not involve in reflection on his integrity, efficiency or conduct and the request for withdrawal of the resignation has been made as a result of a material change in the circumstances which originally compelled him to tender the resignation.

 

(5)     Request for withdrawal of resignation shall not be accepted by the appointing authority where a Government servant resigns his service or post with a view to taking up another appointment in or under a private commercial company or in a Corporation wholly or substantially owned or controlled by the Government.

Rule - 35. Effect of interruption in service.?

 

(1)     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 absence;

 

(c)      suspension, where it is followed by reinstatement, whether in the same or a different post, or where the Government servant dies or is permitted to retire or retired on attaining the age of compulsory retirement while under suspension;

 

(d)      transfer to non-qualifying service in an establishment under the control of the Government if such transfer has been ordered by a competent authority in the public interest;

 

(e)      joining time while on transfer from one post to another.

 

(2)     Notwithstanding anything contained in Sub-rule (1), the appointing authority may, by order, regularise retrospectively the periods of absence without leave application by sanctioning extraordinary leave.

Rule - 36. Condonation of interruption in service.?

 

(a)      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, may condone all interruptions in his service.

 

(b)      In the absence of a specific indication to the contrary in the service book, an interruption between two spells of civil service rendered by a Government servant under Government shall be treated as automatically condoned and the pre-interruption service treated as qualifying service. The period of interruptions itself shall not count as qualifying service.

 

(c)      Nothing in Clauses (a) and (b) shall apply to interruption caused by resignation, dismissal or removal from service.

 

Explanation (1) - Counting of Military Service towards pension carries with it condonation of break, but the period of break itself does not count for pension.

 

Explanation (2) - In the case of ex-State employees absorbed under Government after the merger of the ex-State in Orissa, the entire period of ex-State service rendered prior to date of merger although interrupted by breaks due to resignation or otherwise shall count for pension subject to the conditions prescribed in Rule 16 but the period of interruption will not count.

CHAPTER-IV

Conditions for grant of pension

Rule - 37. Class of pension.?

 

Pension for service rendered under Government are classified into the following categories, namely :

 

(a)      Compensation pension;

 

(b)      Invalid pension;

 

(c)      Superannuation pension; and

 

(d)      Retiring pension.

Rule - 38. Compensation pension.-

 

(1)     If a Government servant is selected for discharge owing to the abolition of his post, he shall, unless he is appointed to another post the conditions of which are deemed by the authority competent to discharge him to be at least equal to those of his own, have the option ?

 

(a)      of taking compensation pension to which he may be entitled for the service he had rendered; or

 

(b)      of accepting another appointment on such pay as may be offered and continuing to count his previous service for pension.

 

(2)     (a) A notice of at least three months shall be given to Government servant before his services are dispensed with on the abolition his post.

 

(b) Where the notice under Clause (a) is not given and the Government servant is not provided with any other employment on the date on which his services are dispensed with, the authority competent to dispense with his service shall sanction the payment of a sum not exceeding the pay and allowances for the period by which the notice actually given to him falls short of three months.

(c) No compensation pension shall be payable for the period in respect of which he receives pay and allowances in lieu of notice.

(3)     In case a Government servant is granted pay and allowances for the period by which the notice given to him falls short of three months and he is appointed before the expiry of the said period for which he has received pay and allowances he shall refund the pay and allowances so received for the period covered by his employment.

 

(4)     If a Government servant who is entitled to compensation pension accepts instead another appointment under the Government and subsequently becomes entitled to receive a pension of any class, the amount of such pension shall not be less than the compensation pension which he could have claimed had he not accepted appointment.

Rule - 39. Invalid pension.?

 

(1)     Invalid pension may be granted if a Government servant retires from the service on account of any bodily or mental infirmity permanently incapacitates him for the service.

 

(2)     A Government servant applying for an invalid pension shall submit a medical certificate of incapacity from the following medical authority; namely:

 

(a)      Medical Board, in the case of all Gazetted and specially declared Gazetted Government servants; and

 

(b)      A Chief District Medical Officer or Medical Officer of equivalent status in case of the Government servants.

 

Note 1 - 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 the intention of the applicant to appear before the medical authority. The medical authority shall be supplied with the date relating to the date of birth of the applicant as recorded in his service book by the Head of Office or Department in which the applicant is employed.

 

Note 2 - A lady doctor shall be included as a member of the Medical Board when a woman candidate is to be examined.

 

Note 3 - The form of the Medical Certificate to be granted by medical authority under Sub-rule (2) shall be as in Form 2.

 

Note 4 - Where the medical authority referred to in Sub-rule (2) has declared a Government servant fit for further service of less laborious character than that which he had been doing he should, provided he is willing to be so employed, be employed on lower post and if there be no means of employing him even on a lower post, he may be admitted to invalid pension.

 

Note 5 - A Government servant who has submitted a medical certificate of incapacity for further service 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, on the expiry of such leave. If he is on leave at the time of submission of medical certificate, he shall be invalidated from service on the expiry of that leave or extension of leave, if any, granted to him.

Rule - 40. Superannuation pension.?

 

(1)     A superannuation pension shall be granted to a Government servant who is retired on his attaining the age of compulsory retirement.

 

(2)     The provisions relating to the date of compulsory retirement as contained in the Orissa Service Code shall apply to all Government servants other than Class IV.

 

(3)     The date of compulsory retirement of a Class IV Government servant is the date on which he attains sixty years of age.

 

(4)     The Government servant shall retire from service with effect from the afternoon of the last day of the month in which his/her date of retirement falls as per the date of birth recorded in the Service Book :

 

Provided that the date of birth of an employee where falls on the 1st day of the month, shall retire on the last day of the previous month.

 

(5)     Retirement on attaining the age of superannuation is automatic of the date on which he attains the age of compulsory retirement and in the absence of any specific orders to the contrary by the competent authority, a Government servant shall be deemed to have retired on the due date.

Rule - 41. Retiring pension.?

 

(1)     At any time after attaining the age of fifty years of completion of thirty years of qualifying service, as the case may be, a Government servant ?

 

(a)      may retire from service; or

 

(b)      may be required by the appointing authority to retire in the public interest, and in the case of such retirement the Government servant shall be entitled to a retiring pension.

Provided that -

(c)      a Government servant shall give a notice in writing to the appointing authority at least three months before the date on which he wishes to retire; and

 

(d)      the appointing authority where decides to take recourse to this sub-rule he shall also give a notice in writing to a Government servant at least three months before the date on which he is required to retire in the public interest or three months' pay and allowances in lieu of such notice :

 

Provided further that where the Government servant giving notice under Clause (a) of the preceding proviso is under suspension, it shall be open to the appointing authority to withhold permission to such Government servant to retire under this Rule.

 

(2)     (a) A Government servant referred to in Clause (a) of the First proviso to Sub-rule (1) may make a request in writing to the appointing authority to accept notice of less than three months giving reasons therefor.

(b) On receipt of a request under Clause (a) the appointing authority may consider such request for the curtailment of the period of notice of three months on merits and if he is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience the appointing authority may relax the requirement of notice of three months on the condition that the Government servant shall not apply for communication of part of his pension before the expiry of the period of notice of three months.

(3)     For the purpose of this rule the expression appointing authority shall mean the authority which is competent to make appointments to the service or post for which the Government servant retires.

 

(4)     (i) The qualifying service as on the date of intended retirement of the Government servant retiring under Clause (a) of Sub-rule (1) shall be increased by the period not exceeding five years, subject to the condition that the total qualifying service rendered by the Government servant does not in any case exceed thirty-three years and it does not take him beyond the date of superannuation.

(ii) The weightage of five years shall not be admissible in cases of those Government servants who are pre-maturely retired by the Government in the public interest under Clause (b) of Sub-rule (1).

(5)     The pension and retirement gratuity of the Government servant retiring under Clause (a) of Sub-rule (1) shall, be based on the emoluments as specified under Rule 48 and the increase not exceeding five years in his qualifying service shall not entitle him to any notional fixation of pay for the purpose of calculating pension and, gratuity.

 

(6)     The provisions in this Rule are in addition to those prescribed in Rule 71 of the Orissa Service Code.

Rule - 42. Voluntary retirement on completion of 20 years' qualifying service.?

 

(1)     At any time after a Government servant has completed twenty years' qualifying service, he may, by giving notice of not less than three months in writing to the appointing authority, retire from service.

(2)     The notice of voluntary retirement given under Sub-rule (1) shall require acceptance by the appointing authority.

 

Note - Such acceptance may be generally give in all cases except those (a) in which disciplinary proceedings are pending or contemplated against the Government servant concerned for the imposition of a major penalty and the disciplinary authority, having regard to the circumstances of the case, is of the view that the imposition of the penalty of removal or dismissal from service would be warranted in the case, or (b) in which prosecution is contemplated or have launched in a Court of Law against the Government servant concerned. If it is proposed to accept the notice of voluntary retirement in such cases, approval of the Government should be obtained :

 

Provided that where the appointing authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said period.

 

(3)     (a) A Government servant desirous of retiring under Sub-rule (1) may make a request in writing to the appointing authority to accept notice of voluntary retirement of less than three months giving reason therefor.

(b) On receipt of a request under Clause (a), the appointing authority subject to the provision of Sub-rule (2), may consider such request for the curtailment of the period of notice of three months on merits and if he is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience, the appointing authority may relax the requirement of notice of three months on the conditions that the Government servant shall not apply for commutation of a part of his pension before the expiry of the period of notice of three months.

(4)     This rule shall not apply to a Government servant who retires from Government service for being absorbed permanently in an autonomous body or a public sector undertaking to which he is on deputation at the time of seeking voluntary retirement.

 

Explanation - For the purpose of this rule, the expression appointing authority shall mean the authority which is competent to make appointment to the service or post from which Government servant seeks voluntary retirement.

(5)     The qualifying service as on the date of intended retirement of the Government servant retiring under this Rule, with or without permission shall be increased by the period not exceeding five years, subject to the condition that the total qualifying service rendered by the Government servant does not in any case exceed thirty-three years and it does not take him beyond the date of superannuation.

 

(6)     The pension and retirement gratuity of the Government servant retiring under this Rule shall be based on the emoluments as specified under Rule 48 and the increase not exceeding five years in his qualifying service shall not entitle him to any notional fixation of pay for the purposes of calculating pension and gratuity.

Rule - 43. Pension on absorption in or under a Corporation and Public Undertakings.?

 

(1)     [A Government servant who has been permitted to be absorbed in a service or post in or under a Corporation or Public Undertaking wholly or substantially owned or controlled by the Government or an Undertaking jointly controlled by the Government and Central Government or by the Government or any other State Governments to be in the public interest, be deemed to have retired from service from the date of such absorption, i.e. the date on which he actually joins that Corporation or Public Undertakings or Joint Sector Undertakings and shall be eligible to receive monthly pension and retirement gratuity under the usual Government arrangements.]

 

(2)     [* * *]

 

(3)     [Where a Government servant wishes to commute a portion of the pension, such commutation shall be regulated in accordance with the Government rules then in force.]

 

(4)     [* * *]

 

(5)     The total gratuity admissible in respect of the service rendered under the Government and that under the public sector undertaking shall not exceed the amount that would have been admissible had the Government servant continued in Government service and retired on the same pay which he drew on retirement from the public undertaking.

 

(6)     Any further liberalisation of pension rule decided upon by Government after the permanent absorption of a Government servant in a public undertaking shall not be extended him except where such liberalisation is sanctioned retrospectively with effect from a date prior to the date of such absorption.

Rule - 44. Pension absorption in or under Autonomous Bodies.?

 

(1)     (i) Where a Government servant borne on pensionable establishment is allowed to be absorbed in an autonomous body, where pension scheme is in operation, the service rendered by him/her under the Government shall be allowed to be counted towards pension under the autonomous body irrespective of whether the employee was temporary or permanent under Government.

 

(ii) The Government/Autonomous body will discharge its pensionary liability by paying in lump sum is a one-time payment, the pro-rata pension/ gratuity for the service up to the date of absorption in the autonomous body/ Government, as the case may be, lump sum amount of the pro-rata pension will be determined with reference to commutation table in force at the time of the absorption of such employee concerned.

(iii) A Government servant with Contributory Provident Fund benefits on permanent absorption in an autonomous body will have the option either to receive Contributory Provident Fund benefits which have accrued to him from the Government and start his service afresh in that body or choose to count service rendered in Government as qualifying service for pension in the autonomous body by foregoing Government's share in Contributory Provident Fund contributions with interest which will be paid to the concerned autonomous body by the concerned Government Department. The option shall be exercised within one year from the date of such absorption. If no option is exercised within the stipulated period, employee shall be deemed to have opted to receive Contributory Provident Fund benefit. The option once exercised shall be final.

(2)     (i) A Government servant borne on pensionable establishment, on absorption under an autonomous body where pension scheme is not in operation, shall be deemed to have retired from Government service from the date of such absorption and be allowed by the Government, in respect of his previous pensionable service rendered under Government a retirement benefit equal to an amount that Government would have contributed excluding interest had he been on Contributory Provident Fund terms under Government together with simple interest thereon at two per cent per annum for the period of his pensionable service and this may be credited to his Contributory Provident Fund account with the said body as an opening balance on the date of permanent absorption and the Government's liability of his pensionable service under them treated as extinguished by this payment :

 

Provided that this concession may be allowed by Government only if such permanent absorption is in the public interest.

Provided further that the Government shall have no liability for the payment of family pension in such a case.

(ii) In the case of absorption of a Government employee with Contributory Provident Fund benefits in such an autonomous Organisation, the amount of his subscription and the Government's contribution if any together with interest thereon shall be transferred to his new Provident Fund Account with the consent of that body.

 

(3)     An employee of an autonomous body on permanent absorption under the State Government will have the option either to receive Contributory Provident Fund benefits which have accrued to him from the autonomous body and start his service afresh in Government or choose to count service rendered under that body as qualifying service for pension in Government by foregoing employee's share of Contributory Provident Fund contributions with interest thereon which will be paid to the concerned Government Department by the autonomous body. The option shall be exercised within one year from the date of absorption. If no option is exercised within the stipulated period, the concerned employee shall be deemed to have opted to receive Contributory Provident Fund benefits in respect of his/her service under the autonomous body. The option once exercised shall be final.

 

Explanation - "State Autonomous Body" means body which is financed wholly or substantially from Cess or State Government Grants, "Substantially" means that more than 50 per cent of the expenditure of the autonomous body is met through Cess or State Government Grants. Autonomous Body includes a State Statutory Body or a University but does not include a public undertaking.

 

(4)     The employees of a State autonomous body or State Government, as the case may be, who have already been sanctioned or have received pro rata retirement benefits or other terminal benefits for their past service will have the option either ?

 

(5)     to retain such benefits and in that event their past service will not qualify for pension under the autonomous body or the State Government, as the case may be; or

 

(6)     to have the past service counted as qualifying service for pension under the new Organisation in which case the pro rata retirement benefits, if already received by them, will have to be deposited alongwith interest thereon from the date of receipt of these benefit till the date of deposit with the autonomous body or with the State Government, as the case may be. The right to count previous service as qualifying service shall not accrue until the whole amount has been refunded. In other cases, where pro rata retirement benefit have already been sanctioned but not paid, the concerned authorities shall cancel the sanction as soon as the individual concerned opts for counting of his previous service for pension and inform the individual in writing about accepting his option and cancellation of the sanction. The option shall be exercised within a period of one year from the date of absorption. If no option is exercised by such employees within the prescribed time limit, they will be deemed to have opted for retention of the benefits already received by them. The option once exercised shall be final.

 

(7)     Where no terminal benefits for the previous services have been received by the employees, the previous service in such cases will be counted as qualifying service for pension only if the previous employer accepts pension liability for the service in accordance with the principles laid down in this Rule. In no case pension contribution/ liability shall be accepted from the employee concerned.

 

(8)     Lump-sum payments to concerned authorities in terms of Sub-rule (4) shall be made within one of the dates of absorption of the employee.

 

(9)     These orders will be applicable only where the transfer of the employee from one Organisation to other was/is with consent of the Organisation under which he was/is serving earlier, including cases are the individual had secured employment directly on his own volition provided he had applied through proper channel/with proper permission of the administrative authority concerned.

Rule - 45. Grant of pension in case of compulsory retirement.?

 

(1)     A Government servant compulsorily retired from service as a measure penalty may be granted, by the authority competent to impose such penalty, pension or gratuity or both at a rate less than two-third and not more than full compensation pension or gratuity or both admissible to him on the date of his compulsory retirement.

 

(2)     Whenever in the case of a Government servant, the Governor passes an order awarding a pension less than the full compensation pension admissible under the rules, the Orissa Public Service Commission shall be consulted before such order is passed.

 

Explanation - For the purpose of this Sub-rule the expression 'pension' shall include gratuity.

 

(3)     A pension granted or awarded under Sub-rule (1) or, as the case may be, under Sub-rule (2), shall be less than the amount of minimum pension admissible.

Rule - 46. Compassionate allowance.?

 

(1)     A Government servant who is dismissed or removed from service shall forfeit his pension and gratuity:

 

Provided that the authority competent to dismiss or remove him from service may, if the case is receiving of special consideration, sanction a compassionate allowance not exceeding two-third of pension or gratuity or both which would have been admissible to him if he had retired on compensation pension.

 

(2)     A compassionate allowance sanctioned under the proviso to Sub-rule (1) shall not be less than the amount of minimum pension admissible.

 

(3)     On receipt of the order of the competent authority removing an officer from service for misconduct, insolvency, or inefficiency, the Head of Office, if he proposes to grant compassionate allowance shall fill in the application form for pension and send the same to the Accountant General for necessary action after due concurrence of Finance Department. The Head of Office shall not wait for receiving the application from the Officer.

CHAPTER-V

Determination of amount of pension

Rule - 47. Amount of pension.?

 

(1)     The amount of pension that may be granted shall be determined by the length of completed six monthly periods of service rendered by the retired Government servant.

 

(2)     In the case of a Government servant retiring in accordance with the provisions of these rules after completing qualifying service of not less than thirty-three years, the amount of pension shall be calculated at 50 percent of the emoluments last drawn preceding to retirement.

 

(3)     In the case of a Government servant retiring in accordance with the provisions of these rules before completing qualifying service of thirty-three years, but after completing qualifying service of ten years, the amount of pension shall be proportionate to the amount of pension admissible under Clause (1) and in no case amount of pension shall be less than [rupees one thousand two hundred seventy-five].

 

(4)     Notwithstanding anything contained in Clause (a) and Clause (b), the amount of invalid pension shall be less than the amount of family pension admissible under Clause (c) of Sub-rule (2) of Rule 56.

 

(5)     In calculating the length of qualifying service, a fraction of a year equal to three months and above but less than six months shall be treated as a completed one-half year and the period of six months and above shall be reckoned as two-half years.

 

(6)     The amount of pension finally determined under Clause (a) or Clause (b) of Sub-rule (2) shall be expressed in whole rupees and where pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee.

 

(7)     Where the pension paid for a part of the month due to the death of the pensioner or pension paid for a part of the month to the Government servant for any reason if worked out in fraction of a rupee, the said pension may be rounded off to the next higher rupee.

 

(8)     In the case of a Government servant retiring in accordance with the provisions of these rules before completing qualifying service of ten years, the amount of service gratuity shall be paid at a uniform rate of half month's emoluments for every completed six monthly period of service.

 

(9)     The amount of service gratuity as finally calculated shall be rounded off to the next higher rupee.

Rule - 48. Emoluments for calculation of pension.?

 

Emoluments for calculation of pension shall be the emoluments as defined in Rule 2(1)(e) which the Government servant was receiving immediately before his retirement.

 

Explanation - Stagnation increment shall be treated as emoluments for calculation of retirement benefit.

 

Note 1 - It during the last month of service, a Government servant had been absent from duty on leave from which leave salary, is payable or having been suspended had been reinstated the emoluments which he would have drawn had he not been absent from duty or suspended shall be the emoluments for the purpose of this rule.

 

Note 2 - Where a Government servant immediately before his retirement or death while in service has proceeded on leave for which leave salary is payable after having held a higher appointment whether in an officiating or temporary capacity the benefit of emoluments drawn in such higher appointment shall be given only if it is certified that the Government servant would have continued to hold the higher appointment but for his proceeding on leave.

 

Note 3 - If a Government servant immediately before his retirement or death while in service had been absent from duty on extraordinary leave or had been under suspension, the period whereof does not count as service, the emoluments which he drew immediately before proceeding on such leave or being placed under suspension shall be the emoluments for the purpose of this rule.

 

Note 4 - If a Government servant immediately before his retirement or death while in service, was on leave with allowances and earned the increment which was not withheld, such increment, though not actually drawn, shall form part of his emoluments.

 

Note 5 - Emoluments drawn by a Government servant while on foreign service shall not be reckoned for the purpose of pension, but the emoluments which he would have drawn under the Government had he not been on foreign service shall alone be treated as "emoluments".

 

Note 6 - Monetary allowances attached to Kings' Police Medal, Indian Police Medal, Fire Service Medal, shall not form the part of the emoluments of the recipient for the purpose of this rule.

 

Note 7 - Notwithstanding anything contained in these rules, no allowance shall be treated as emoluments for the purpose of this rule :

 

Provided that any increase in pay other than cases referred to in Notes (2) and (4) which is not actually drawn shall not form part of his emoluments.

CHAPTER-VI

Gratuity Payable on Death or Retirement

Rule - 49. Death/retirement gratuity.?

 

(1)     In the case of a Government servant, who has completed five years of qualifying service, on retirement from service shall be paid a Retirement Gratuity equal to one-fourth of his last emoluments for each completed six monthly period of qualifying service subject to a maximum of 16? times of the emoluments :

 

Provided that the amount of Retirement Gratuity so payable shall, in no case, exceed [two lakh and fifty thousand] rupees.

 

(2)     In the event of death, while in service, the Death Gratuity shall be admissible at the following rates :

 

(3)     There will be no ceiling on reckonable emoluments calculating gratuity:

 

Provided that the amount of Death Gratuity as finally calculating shall be rounded off to the next higher rupee.

 

(4)     If a Government servant, who has become eligible for a Service Gratuity or pension, dies within five year's from the date of his retirement from service including compulsory retirement as a penalty, and the sums actually received by him at the time of his death on account of such gratuity or pension including ad hoc increase, if any, together with the retirement gratuity admissible under Sub-rule (1) and the commuted value of any portion of pension commuted by him are less than the amount equal to 12 times of his emoluments, a residuary gratuity equal to the deficiency may be granted to his family in the manner indicated in Sub-rule (1) of Rule 50.

 

(5)     The emoluments for the purpose of gratuity admissible under this rule shall be reckoned in accordance with Rule 48.

 

(6)     Where the sanction of payment of gratuity is delayed for more than a year from the date is due under Sub-rules (1) or (2), as the case may be, and such delay is attributable to administrative lapses, interest at the rate of 7 per cent per annum for the period beyond one year shall be payable on the amount of gratuity :

 

Provided that where a Departmental or Judicial proceedings as the case may be, in respect of a pensioner, is continued or initiated under Rule 7, the gratuity shall become payable on the date of finalisation of such proceedings and the period of one year shall be reckoned from the date.

 

(7)     The payment of interest on delayed sanction of gratuity shall be ordered by the Secretary of the concerned Administrative Department.

 

(8)     Where the Secretary of the Administrative Department as referred to in Clause (b) is satisfied that the delay in sanction of gratuity has been caused on account of administrative lapses, he shall sanction payment of interest so payable with the concurrence of the Finance Department and approval of the Government.

 

(9)     In every case where the interest is so sanctioned and is paid, the amount of such interest shall be recovered from the pension sanctioning authority who is responsible for such delay.

 

(10)   No interest shall be payable under this Sub-rule where ?

 

(11)   delay in sanction of gratuity is due to the failure on the part of the pensioner to comply for sanction of gratuity with the requirements provided in these rules;

 

(12)   the amount of gratuity already paid to a pensioner is enhanced on account of retrospective revision of pay scale or emoluments or liberalisation of the rules affecting the quantum of gratuity consequent upon Government's decision taken subsequent to the retirement of a Government servant.

 

(13)   The provisions of this Sub-rule shall apply to ?

 

(14)   all cases of retirement made or death occurred while in service on or after the date of commencement of these rules; and

 

(15)   cases where gratuity has become payable prior to the date of commencement of these rules but pending on the said date provided the period of one year referred to in Clause (a) shall be reckoned with effect from the date of commencement of these rules.

 

(16)   For the purpose of this rule and Rules 50, 52 and 53, "family" in relation to a Government servant means ?

 

(i)       wife or wives (including judicially separated wife or wives) in the case of a male Government servant;

 

(ii)      husband (including judicially separated husband), in the case of a female Government servant;

 

(iii)     sons including step-sons and adopted sons;

 

(iv)    unmarried daughters including step daughters and adopted daughters;

 

(v)      widowed daughters including step-daughters and adopted daughters;

 

(vi)    father (including adoptive parents in the case of individuals whose personal law permit adoption;)

 

(vii)   mother (including adoptive parents in the case of individuals whose personal law permit adoption;)

 

(viii)  brothers below the age of eighteen years including stepbrothers;

 

(ix)    unmarried sisters and widowed sisters including stepsisters;

 

(x)      married daughters;

 

(xi)    children of a predeceased son; and

 

(xii)   children born out of void wedlock;

 

Rule - 50. Persons to whom gratuity is payable.?

 

(1)     A gratuity payable under Rule 49 shall be paid to the person or persons on whom the right to receive the gratuity has been conferred in the nomination made under Rule 53.

 

(2)     If there is no such nomination or if the nomination made is lost/ not traceable the gratuity shall be paid in the manner indicated below;

 

 

(3)     If there are one or more surviving members of the family as in Clauses (i), (ii), (iii) and (iv) of Sub-rule (6) of Rule 49 to all such members in equal shares;

 

(4)     If there are no such surviving members of the family as indicated in Sub-clause (i) above, but there are one or more members as in Clauses (v), (vi), (vii), (viii), (ix), (x), (xi) and (xii) of Sub-rule (6) of Rule 49 to all such members in equal shares.

 

(5)     If a Government servant dies after retirement without receiving the gratuity admissible under Sub-rule (1) of Rule 49, the gratuity shall be disbursed to the family in the manner indicated in Sub-rule (1).

 

(6)     The right of a female member of the family or that of a brother, of a Government servant who die while in service or after retirement, to receive the share of gratuity shall not be affected if the female member is married or re-marries or the brother attains the age of eighteen years, as the case may be, after the death of the Government servant and before receiving her or his share of the gratuity.

 

(7)     Where gratuity is granted under Rule 49 in favour of a minor member of the family of the deceased Government servant, it shall be payable to the guardian on behalf of the minor.

Rule - 51. Debarring a person from receiving gratuity.?

 

(1)     If a person who in the event of death of Government servant while in service, is eligible to receive gratuity under Rule 50 is charged with the offence of murdering the Government servant or for abetting in the Commission of such an offence, his claim to receive his share of gratuity shall remain suspended till the conclusion of the criminal proceedings instituted against him.

 

(2)     If on the conclusion of the criminal proceedings referred to in Sub-rule (1), the person concerned ?

 

(a)      is convicted of murder or for abetting in the murder of the Government servant, he shall not be paid his share of gratuity which shall be payable to other eligible members of the family, if any, in equal proportion;

 

(b)      is acquitted of the charge of murdering or abetting in the murder of the Government servant his share of gratuity shall be paid to him.

 

(3)     The provisions of Sub-rule (1) and Sub-rule (2) shall also apply to the undisbursed gratuity referred to in Sub-rule (2) of Rule 50.

 

Rule - 52. Gratuity in case of death/retirement in the absence of family members or nomination.?

 

Where a Government servant dies while in service or after retirement without receiving the amount of gratuity and leaves behind him no family, and

 

(a)      has made no nomination; or

 

(b)      the nomination made by him does not subsist, the amount of death/retirement gratuity payable in respect of such Government servant shall be payable to the person in whose favour a succession certificate in respect of gratuity in question has been granted by a competent Court of Law.

CHAPTER-VII

Nomination for Death/Retirement Gratuity

Rule - 53. Nomination. ?

 

(i)       A Government servant shall at any time after his appointment in a pensionable establishment, make a nomination in Form 3 or 4, as appropriate in the circumstances of the case, conferring on one or more persons the right to receive the gratuity payable under Rule 49 :

 

(ii)      Provided that if at the time of making the nomination ?

 

(iii)     the Government servant has a family, the nomination shall not be in favour of any person or persons other than the members of his family; or

 

(iv)    the Government servant has no family, the nomination may be made in favour of a person or persons, or a body of individuals, whether incorporated or not.

 

(v)      If a Government servant nominates more than one persons under Sub-rule (1), he shall specify in the nomination the amount of share payable to each of the nominees, in such manner as to cover the entire amount of gratuity.

 

(vi)    A Government servant may indicate in the nomination ?

 

(vii)   that in respect of any specified nominee who predeceases the Government servant, or who dies after the death of the Government servant but before receiving the payment of gratuity, the right conferred on that nominee shall pass to such other persons as may be specified in the nomination :

 

Provided that if at the time of making the nomination the Government servant has a family consisting more than one member, the persons so specified shall not be a person other than a member of his family :

 

Provided further that where a Government servant has only one member in his family, and a nomination have been made in his favour, it is open to the Government servant to nominate alternate nominee or nominees in favour of any person or a body of individuals, whether incorporated or not;

 

(viii)  that the nomination shall become invalid in the event of the happening of the contingency provided therein.

 

(ix)    The nomination made by a Government servant who has no family at the time of making it, or the nomination, made by a Government servant under the second proviso to Clause (1) of Sub-rule (3), where he has only one member in his family shall become invalid in the event of the Government servant subsequently acquiring a family, or an additional member in the family, as the case may be.

 

(x)      A Government servant may, at any time, cancel a nomination by sending a notice in writing to the Head of Office :

 

Provided that he shall, along with such notice, send a fresh nomination made in accordance with this rule.

 

(xi)    Immediately on the death of a nominee in respect of whom no special provision has been made in the nomination under Clause (i) of Sub-rule (3) or on the occurrence of any event by reason of which the nomination becomes invalid in pursuance of Clause (ii) of said sub-rule, the Government servant shall send to the Head of Office a notice in writing cancelling the nomination together with a fresh nomination made in accordance with this rule.

 

(xii)   Every nomination made (including every notice of cancellation, if any, given) by a Government servant under, this rule, shall be sent to the Head of Office.

 

(xiii)  The Head of Office shall, immediately on receipt of such nomination countersign it indicating the date of receipt and keep it under his custody and will send the acknowledgment receipt specified in the nomination to the Government servant immediately :

 

Provided that the Head of Office may authorise his subordinate Gazetted Officers to countersign nomination forms of non-gazetted Government servants.

 

(xiv)  Suitable entry regarding receipt of nomination shall be made in the Service Book of the Government servant concerned.

 

(xv)   Every nomination made and every notice of cancellation given, by a Government servant shall, to the extent that it is valid, take effect from the date on which it is received by the Head of Office.

Rule - 54. Gratuity payable to the family of the deceased Government servant on Contributory Provident Fund Scheme.?

 

If a Government servant being a subscriber to the Contributory Provident Fund (Orissa) dies while in service a gratuity not exceeding the following amounts may be paid to his family, namely :

 

(i)       in case of death after completing five years of service, a gratuity equal to the difference between twelve months emoluments and the amount of Government's contribution together with interest thereon standing to his credit in the fund;

 

(ii)      in case of death before completing five years of service a gratuity equal to the difference between his six months emoluments and the amount of Government's contribution together with interest thereon standing to his credit in the said fund;

 

(iii)     in case of death in the first year of service, gratuity equal to the difference between his two months' emoluments and the amount of Government's contribution together with interest thereon standing to his credit in the said fund.

Rule - 55. Manner of payment of minor's share in death/retirement gratuity to the guardian.?

 

Payment of the minor(s)' share of gratuity is to be made to the natural guardian of the minor(s') and in the absence of a natural guardian, to the person who furnishes a guardianship certificate. Where payment of minor(s') share of death/retirement gratuity is to be made to the natural/legal guardian, the sanction order issued to the Accountant-General shall contain the name of the natural/legal guardian in order to avail pending payment. The payment shall be regulated in the following manner, namely:

 

(1)     Where no valid nomination subsists ?

 

(a)      when a share is payable to minor sons or minor unmarried daughters, it should be paid to the surviving parent except in the case when the surviving parent happens to be a Muslim lady. Where, however, there is no surviving parent, or the surviving parent is a Muslim ; lady, payment will have to be made to the person producing the guardianship certificate.

 

(b)      When a share is payable to widowed minor daughter(s) production of a guardianship certificate would be necessary.

 

(c)      If the wife herself happens to be a minor, the death/retirement gratuity payable to her shall be paid to the person producing the guardianship certificate.

 

(d)      When the death/retirement gratuity becomes payable to a minor brother or a minor unmarried sister, the payment should be made to the father or, in his absence the mother of the beneficiary except in a case where the mother happens to be a Muslim lady. In this case too, if there is no surviving parent or the surviving parents happens to be a Muslim Lady, the payment will have to be made to the person producing the guardianship certificate. If any share is payable to a widowed minor sister, the production or guardianship certificate would be necessary.

 

(2)     In case of subsistence of a valid nomination ?

(a)      Where the nomination is in respect of one or more of the members of the family, the position stated against Sub-rule (1) above would apply;

 

(b)      Where there is no family, but the nomination is in favour of an illegitimate child or married sister the same would also be valid. The position would, therefore, be as follows ;

 

(c)      If the nominee is an illegitimate child, the shard shall be payable to the mother and in her absence, to the person who produces a guardianship certificate from competent Court;

 

(d)      Where the share is payable to a married minor girl, the same shall be payable to the husband.

 

(e)      A surviving step-mother is not a natural guardian of the minor child, and is not, therefore covered by the term 'Surviving Parent' used in Sub-rule (1)(a) above.

 

(3)     Death/retirement gratuity to the extent of rupees ten thousand (or the first rupees ten thousand where the amount payable exceeds rupees ten thousand) in favour of a minor may be made to his/her guardian; in the absence of a natural guardian; without the production of a formal guardianship certificate but subject to the production of an indemnity bond in Form-18 with suitable sureties to the satisfaction of sanctioning authority. The balance in excess of rupees ten thousand, if any, would become payable on the production of a certificate of guardianship.

 

Note - The indemnity bond shall be executed in Form-18 and the stamp duty shall be borne by the Government. The bond should be executed on any durable plain paper and signed by the obliger, and the surety/sureties of their respective attorneys and accepted by an officer duly authorised under Articles 299 (1) of the Constitution of India.

Rule - 56. Family Pension.?

 

(1)     The provisions of this rule shall apply-

 

(2)     to a Government servant entering service in a pensionable establishment on or after the 1st January, 1964; and

 

(3)     to a Government servant who was in service or retired or died on or before the 31st December, 1963 and come to be governed by the provisions of the Family Pension Scheme under Government contained in Finance Department Resolution No. 25582-F., dated the 22nd August 1964 along with rectifications thereto as in force before commencement of these rules. In all such pre-64 cases the arrear of family pension shall only be admissible with effect from the 13th December, 1977 or from a subsequent date the families became eligible for family pension whichever is later.

 

(4)     Without prejudice to the provisions contained in Sub-rule (4) where a Government servant dies ?

 

(a)      after completion of one year of continuous service, or

 

(b)      before completion of one year of continuous service provided the deceased Government servant concerned immediately prior to his appointment to the service or post was examined by the appropriate medial authority and declared fit by that authority for Government service; or

 

(c)      [after retirement from service and as on the date of death in receipt of pension, or compassionate allowance, referred to in Chapter IV other than the pension referred to in Rule 43 and 44, the family of the deceased shall be entitled to family pension, the amount of which shall be calculated at uniform rate of 30% of the emoluments and shall be subject to a minimum of Rs. 1275/- and maximum of Rs. 6000/- per month.]

Table

(5)     The amount of family pension shall be fixed at monthly rates and be expressed in whole rupees and where the family pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee :

 

Provided that in no case, a family pension in excess of the maximum amount shall be allowed.

 

(6)     Where a Government servant, who is not governed by the Workmen's Compensation Act, 1923 (8 of 1923), dies while in service after having rendered not less than seven years continuous service, the rate of family pension payable to the family shall be equal to 50 per cent of the last drawn or twice the family pension admissible under Sub-rule (2) whichever is less and the amount so admissible shall be payable from the date following the date of death of the Government servant for a period of seven years, or for a period up to the date on which the deceased Government servant would have attained the age of 65 years had he survived, whichever is less.

 

(7)     In the event of death of a Government servant after retirement, the family pension as determined under Sub-rule (i), shall be payable for a period of seven years, or for a period upto the date on which the retired/ deceased Government servant would have attained the age of 65 years had he survived, whichever is less :

 

Provided that in no case the amount of family pension determined under Sub-clause (ii) of this Clause shall exceed the pension authorised on retirement from Government service :

 

Provided further that while calculating double in family pension under Sub-rule (4) the rounding off is to be done at the final stage i.e., after doubling the amount of family pension initially calculated under Sub-rule (2).

 

Explanation - For the purpose of this sub-clause pension authorised on retirement includes the part of the pension which the retired Government servant may have commuted before his death ;

 

Provided further that where a compensation is not payable under the aforesaid Act, the head of office shall send a certificate to the Accountant-General, Orissa to the effect that the family of the deceased Government servant is not eligible for any compensation under the aforesaid Act and the family shall be paid family pension on the scale and for the period, mentioned in this Clause (a).

 

(8)     After the expiry of the period referred to in Clause (a) of Sub-rule (4) the family, in respect of family pension under that clause shall be entitled to family pension at the rate admissible under Sub-rule (2).

 

(9)     Where an award under the Orissa Civil Services (Extraordinary Pension) Rules, is admissible family pension under this Rule shall be authorised.

 

(10)   Period for which family pension is payable shall be as follows:

 

(a)      in the case of widow or widower, up to the date of death or remarriage whichever is earlier;

 

(b)      in the case of a son until he attains the age of twenty-five years or he starts earning of his livelihood whichever is earlier;

 

(c)      in the case of an unmarried daughter, until she attains the age of twenty-five years or until she gets married or until she starts earning her livelihood, whichever is earliest :

 

Provided that if the son or daughter of a Government servant is suffering from any disorder or disability of mind or is physically crippled or disabled so as to reader him or her, unable to earn a living even after attaining the age of twenty-five years the family pension shall be paid to such son or daughter for life subject to the following conditions, namely :

(d)      If such son or daughter is one among two or more children of the Government servant, the family pension shall be initially payable to the children in the order set out in Clause (c) of Sub-rule (7) hereinafter until the last child attains the age of twenty-five and thereafter the family pension shall be resumed in favour of the son or daughter suffering from disorder or disability of mind or who is physically crippled or disabled and shall be payable to him/her for life;

 

(e)      If there are more than one such children suffering from disorder or disability of mind or who are physically crippled or disabled, the family pension shall be paid in the order of their birth and the younger of them will get the family pension only after the elder next above him/her ceases to be eligible :

 

Provided that where the family pension is payable to such twin children it shall be paid in the manner set out in Clause (b) of Sub-rule (6) of this Rule.

 

(f)       the family pension shall be paid to such son or daughter through the guardian as if he or she is a minor;

 

(g)      before allowing the family pension for life to any such son or daughter, the sanctioning authority shall satisfy that the disability or disorder handicap is of such a nature so as to prevent him or her from earning his or her livelihood, then the same shall be evidenced by a certificate obtained from a medical officer not below the rank of Chief District Medical Officer setting out, as far as possible, the exact mental or physical condition of the child;

 

(h)     the person receiving the family pension as guardian of such son or daughter shall produce at every three years a certificate from medical officer not below the rank of a Chief District Medical Officer to the effect that he or she (the disabled pensioner) continue to suffer from disorder or disability of mind or continue to be physically crippled or disabled.

 

Explanation - As and when the disability referred to in proviso to Sub-rule (5) of this rule manifests itself in a child that makes him/her unable to earn his/her living, concerned Government servant/ pensioner or his/her nominee should bring this fact to the notice of the Head of Office, in writing duly supported by a Medical Certificate from a Medical Officer, not below the rank of a Chief District Medical Officer. The Head of Office should indicate this fact in Form 5 if the same has not been mentioned therein earlier. As and when the claim for family pension arises, the legal guardian of the child should make an application supported by a fresh Medical Certificate from a Medical Officer not below the rank of Chief District Medical Officer, that the child still suffers from the disability.

(i)       A daughter shall become ineligible for receiving family pension under this sub-rule from the date she gets married.

 

(j)       The family pension payable to such a son or daughter shall be stopped if he or she starts earning his/her livelihood.

 

(k)      Family pension payable under this sub-rule shall be stopped unless the guardian furnishes a certificate to the Treasury or Bank, as the case may be, every month that (i) he or she has not started earning his/her livelihood, (ii) in case of daughter that she has not yet married.

 

(11)   Where the family pension is payable to more than one widow the family pension shall be paid to widows in equal shares.

 

(12)   On the death of a widow, her share of the family pension shall become payable to her eligible child :

 

Provided that if the widow is not survived by any child, her share of the family pension shall not cease but shall be payable to the other widows in equal shares, or if there is only such other widow, in full, to her.

 

(13)   Where the deceased Government servant or pensioner is survived by a widow but has left behind eligible child or children from another wife who is not alive, the eligible child or children shall be entitled to the share of family pension which the mother would have received if she had been alive at the time of the death of the Government servant or pensioner.

 

(14)   Where the share or shares of family pension payable under this Rule to the eligible child or children or to a widow or widows, as the case may be, ceases or cease to be payable, such share or shares shall not lapse but shall be payable to the other child or children eligible, if any or as the case may be, to the other widow or widows, in equal shares, or, if there is only one widow or child, in full to such widow or child.

 

(15)   Where the family pension is payable to twin children it shall be paid to such children in equal shares :

 

Provided that when one such child ceases to be eligible his/ her share shall be payable to the other child and when both of them cease to be eligible, the family pension shall be payable to the next eligible, single child/twin children.

 

Note - After the commencement of the Hindu Marriage Act, 1955, any second marriage contracted by a Hindu male during the life-time of his first wife shall be void and the second wife shall not be entitled to the family pension as a legally wedded wife.

(16)   Except as provided in Sub-rule (6), the family pension shall not be payable to more than one member of the family at the same time.

 

(17)   If a deceased Government servant or pensioner leaves behind a widow or widower, the family pension shall become payable to the widow or widower, failing which to the eligible child. ?.

 

(18)   Family pension to the children shall be payable in the order of their birth irrespective of the child and the younger of them shall not be eligible for family pension unless the elder next above him/her has received or has become ineligible for receiving the family pension.

 

(19)   Provided that where the family pension is payable to twin children, it shall be paid in the manner set out in Clause (d) of Sub-rule (6) of this Rule.

 

(20)   Where a deceased Government servant or pensioner leaves behind him more than one child, the next eligible child shall be entitled to the family pension for the period mentioned in Clause (b) or Clause (c) of Sub-rule (5), as the case may be, after the expiry of that period the next child shall become unable for the grant of family pension.

 

(21)   Where family pension is granted under this Rule to a minor, it shall be payable to the guardian on behalf of the minor on submission of guardianship certificate.

 

(22)   If the deceased Government servant or pensioner has left behind neither a widow/widower nor an eligible child, the family pension shall be granted for life time to the father or in the absence of father to the mother.

 

(23)   If the father/mother is eligible to draw more than one family pension at the rate mentioned in Sub-rule (4), the total amount of family pension shall be limited to twelve thousand per mensem.

 

(24)   If one of the family pension ceases to be payable at the rate mentioned in Sub-rule (4) and in lieu thereof, the pension at the rate mentioned in Sub-rule (2) becomes payable, the amount of the total pension shall be limited to rupees twelve thousand per mensem.

 

(25)   If all the family pension are payable at the rates mentioned in Sub-rule (2), the amount of the total family pension shall be limited to rupees six thousand only.]

 

(26)   In case both wife and husband are Government servants and are governed by the provisions of this Rule and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving spouse and in the event of the death of such spouse, the surviving child or children shall be granted the two family pensions in respect of the deceased parents subject to the limits specified below, namely :

 

(27)   If the surviving child or children is or are eligible to draw two family pension at the rate mentioned in Sub-rule (4) the amount of both the pensions shall be limited to [twelve thousand (Rs. 12,000/-)] rupees per mensem;

 

(28)   If one of the family pensions cease to be payable at the rate mentioned in Sub-rule (4) in lieu thereof the pension at the rate mentioned in Sub-rule (2) becomes payable, the amount of both the pensions shall also be limited to [twelve thousand] rupees per mensem;

 

(29)   If both the family pensions are payable at the rates mentioned in Sub-rule (2) the amount of two pensions shall be limited to [six thousand] rupees per mensem.

 

(30)   Where a female Government servant or male Government servant dies living behind a judicially separated husband or widow and not child or children, the family pensions in respect of the deceased shall be payable to the person surviving :

 

Provided that wherein a case the judicial separation is granted on the ground of adultery and the death of the Government servant takes place during the period of such judicial separation, the family pension shall not be payable to the person surviving if such person surviving was held guilty of committing adultery.

 

(31)   Where a female Government servant or male Government servant dies living behind a judicial separated husband or widow with a child or children, the family pension payable in respect of the deceased shall be payable to the surviving person provided that, he or she is the guardian of such child or children.

 

(32)   Where the surviving person has ceased to be the guardian of such child or children, such family pension shall be payable to the person who is the actual guardian of such child or children.

 

(33)   Where the deceased Government servant or pensioner is survived by a widow but has left behind eligible child or children from a divorced wife or wives the eligible child or children shall be entitled to the share of family pension which the mother, would have received at the time of the death of the Government servant or pensioner had she not been so divorced.

 

(34)   If a person, who in the event of the death of a Government servant while in service, is eligible to receive family pension under this Rule, is charged with the offence of murdering the Government servant and for abetting in the commission of such an offence, the claim of such a person, to receive the family pension shall remain suspended till the conclusion of the criminal proceedings instituted against him.

 

(35)   If on the conclusion of the criminal proceedings referred to in Clause (a), the person concerned ?

 

(36)   is convicted for the murder or abetting in the murder of the Government servant, such a person shall be debarred from receiving the family pension which shall be payable to other eligible member of the family, from the date of death of the Government servant;

 

(37)   is acquitted of the charge of murder or abetting in the murder of the Government servant the family pension shall be payable to such a person from the date of death of the Government servant.

 

(38)   The provision of Clause (a) and Clause (b) of Sub-rule (13) shall also apply for the family pension becoming payable on the death of a Government servant after his retirement.

 

(39)   As soon as a Government servant enters Government service he shall give the detail of his family in Form 5 to the Head of Office.

 

(40)   If the Government servant has no family, he shall furnish the details in Form 5 as soon as he acquires a family.

 

(41)   The Government servant shall communicate to the Head of Office any subsequent change in the size of his family, including the fact of marriage of his female child.

 

(42)   The Head of Office shall, on receipt of the details in Form 5 get it pasted on the service book of the Government servant concerned and acknowledge the receipt of the said Form and all further communications received from the Government servant in this behalf.

 

(43)   The Head of Office of communication from the Government servant regarding any change in the size of family shall make the entry regarding the changes in Form 5 pasted on the service book.

 

(44)   Family Pension admissible under this rule shall not be granted to a person who is already in receipt of family pension or is eligible therefore under any other Rules of Public Sector Undertaking Autonomous Bodies/ Local Bodies.

 

Provided that a person who is otherwise eligible for family pension under this Rule may opt to receive family pension under this Rule if he foregoes family pension from any other source.

 

(45)   For the purposes of this Rule ?

 

(46)   'continuous service' means, service rendered in a pensionable establishment and does not include ?

 

(47)   period of suspension, if any, which does not count for pension on termination of proceedings; and

 

(48)   period of service, if any rendered before attaining the age of eighteen years.

 

(49)   'Family' in relation to a Government servant means

 

(50)   wife in the case of a male Government servant or husband in the case of a female Government servant.

 

Explanation - (1) The benefit of family pension shall also be admissible to the post-retiral spouses from the date following the date of death of the pensioner.

 

(2) Life-time arrears, wherever admissible, of family pension in respect of spouses of the deceased post retiral-spouses would also be payable to their family members, heirs where the spouse eligible for family pension was alive on the date of eligibility and who dies subsequently to that date, for the period from the date of eligibility to the date of death.

 

(51)   A judicially separated wife or husband, such separation not being granted on the ground of adultery and the person surviving was not held guilty of committing adultery;

(52)   son/unmarried daughter who has not attained the age of twenty-five years including such son and daughter adopted, legally.

 

(53)   Child includes a posthumous child of the Government servant,

 

(54)   [father/mother]

 

(55)   In case of married female Government servant/pensioner in absence of eligible family members, her father-in-law/mother-in-law shall be treated as father/mother respectively for grant of family pension.]

 

(56)   'Emoluments' means the emoluments as specified in Rule 48.

 

(57)   Nothing contained in this Rule shall apply to ?

 

(a)      a re-employed Government servant who had retired before the 1st January 1964 from ?

 

(b)      civil service on retiring pension or superannuation pension, or

 

(c)      military service on retiring pension, service pension or invalid pension, and who, on the date of re-employment, had attained the age of superannuation applicable to the post in which he is re-employed;

 

(d)      a military pensioner who retired from military service on or after the 1st January, 1964 and who on the date of the re-employment in a civil service or civil post had attained the age of superannuation applicable to the post in which he is re-employed;

 

(e)      a Government servant referred to in Rules 43 and 44 who on his absorption in a corporation or company wholly or substantially owned or controlled by the Government any other body incorporated or not, is governed by the provisions of the family pension scheme of the suit establishment;

 

(f)       employees paid from contingencies;

 

(g)      work-charged staff;

 

(h)     casual labourers; and

 

(i)       officers employed on contract.

 

(58)   Family pension and death gratuity to the family members of the Government employees who disappears or absconded from the Government service shall be as follows :

 

(59)   When an employee disappears or absconded while in service leaving his family, the family shall be paid at the first instance the amount of arrear salary due if any and leave encashment due. The house rent, if any for the month(s) in respect of which the salary is due shall be recovered from the amount of salary payable to the family.

 

(60)   After the elapse of a period of one year, other benefits like death gratuity/family pension including arrears shall also be granted to the family provided that the concerned family shall intimate the fact of disappearance of the Government servant to the Head of Office under where the Government servant served last for the purpose of sanction of the benefits. Where the Head of Office is not the pension sanctioning authority of the disappeared Government servant he will send the papers with recommendation/comments to the pension sanctioning authority who will sanction the benefits under Sub-rule (2) or (4), as the case may be, after observing the following formalities, namely:

 

(a)      An F.I.R. should be lodged with the nearest Police Station under intimation to the concerned Head of Office. The Head of Office should obtain a report from the Police Station through the District Police Officer that the employee has not been traced out after all efforts made by police.

 

(b)      An indemnity Bond in Form 19 shall be taken from the dependants of the employee that all payments will be adjusted against the payments due to the employee in case he appeals on the scene and makes any claim;

 

(c)      The Head of Office shall assess all Government dues outstanding against the Government servants and effect their recovery in accordance with Rule 68 of these Rules and any other instruction in force for effecting recovery of Government dues.

 

(d)      The family shall apply to the Head of Office of the Government servant, for grant of family pension and death gratuity after one year from the date of disappearance of the Government servant in accordance with the prescribed procedure.

 

(61)   When a retired Government servant disappears leaving his family, the family shall be paid in the first instance, the amount of arrear salary and leave encashment due, if any. The house rent, if any, for the month(s) in respect of which the salary is due shall be recovered from the amount of salary payable to the family.

 

(62)   After the elapse of a period of one year from the date of disappearance, other benefits like family pension, retirement gratuity and arrears of pension, if any, shall also be granted to the family provided that the concerned family shall intimate the fact of disappearance of the retired Government employee to the Head of Office under whom the employee served last for the purpose of sanction of the benefits. Where the Head of Office is not the pension sanctioning authority of the disappeared retired employee he shall send the papers with recommendation/comments to the pension sanctioning authority who shall sanction the benefits after observing the following formalities, namely :

 

(a)      The family must have lodged a report with the concerned Police-Station and obtained a report to the effect that the retired employee has not been traced after all effects had been made by the Police.

 

(b)      An Indemnity Bond in Form 20 shall be taken from the dependants who will receive the said benefits of the retired employee that all payments will be adjusted against the payments due to the retired employee in case he re-appears and makes any claim.

 

(c)      The Head of Office shall assess all Government dues outstanding against the retired employee and effect recovery of the same in accordance with Rule 68 of these Rules, and any other instructions/ orders in force.

 

(d)      The family shall apply to the concerned Head of Office of the retired employee for grant of family pension, retirement gratuity, if any, and arrears of pension, if any, after one year from the date of disappearance of the retired employee in accordance with the prescribed procedure.

 

Note - 1. In both the cases covered under Sub-rules (19) and (20) ibid, the date of disappearance of the employee/pensioner will be reckoned from the date of lodging the First Information Report of one year after which the benefits of family pension normal/enhanced rate and gratuity are to be sanctioned will also be calculated from date of F.I.R. The benefits to be sanctioned to the family etc., of the missing employee, pensioner will be based on the rules applicable as on the last date of his/her duty including authorised period of leave. The emoluments for this purpose are as specified in Rule 48.

2. In the case of missing pensioner, the family pension at the rates indicated in the Pension Payment Order shall be payable as authorised by the Accounts Officer. Where the Pension Payment Order does not contain this information, the pension sanctioning authority shall take necessary action to sanction the family pension as due at Note 1 above.

3. Death gratuity shall also be payable to the families but not exceeding the amount which would have been payable as retirement gratuity if the person had retired. The difference between retirement gratuity and death gratuity shall be subsequently payable either after the death is exclusively established or on the expiry of seven years from the date of missing.

4. The benefits covered under Sub-rules (19) and (20) shall only be admissible in genuine cases of disappearance under normal circumstances and not the cases in which officials disappear after committing frauds, etc. In latter type of cases the family pension can be sanctioned only to the Government employee/pensioner being acquitted by the Court of law or after the conclusion of the disciplinary proceedings etc., as the case may be.

CHAPTER-VIII

Procedure for grant of pension

Rule - 57. Preparation of list of Government servants due for retirement.?

 

(1)     Every Head of Office shall have a list prepared every six months, that is, on the 1st day of January, and the 1st day of July each year of all Government servants working under him who are due to retire within the next 24 to 30 months.

 

(2)     A copy of every such list shall be supplied to the Accountant-General, Orissa, Appointing Authority, Administrative Department concerned, Director of Treasuries and Inspection, Orissa, and the Estate Officer or the competent authority, as the case may be (if the Government servant concerned is an allottee of Government accommodation), not later than the 31st of January or the 31st of July, as the case may be, of that year in the Form 1.

 

(3)     In the case of a Government servant retiring for reasons other than by way of superannuation, the Head of Office shall promptly inform the authorities stated in Sub-rule (2) as soon as the fact of such retirement becomes known to him.

Rule - 58. Preparation of pension papers.?

 

(1)     Every Head of Office shall undertake the work of preparation of pension papers in Form 7 two years before the date on which a Government servant is due to retire on superannuation. Where the retiring Government servant is himself the Head of Office/Head of Department, the preparation of pension papers shall be undertaken by the Head of Department/Administrative Department, as the case may be.

 

(2)     The Head of Office shall be responsible for obtaining the particulars from the Government servant at least one year before the date of retirement in Form 6 and complete the processing of pension papers as early as possible and in no case not later than eight months in advance of the date of retirement of the employee.

 

(3)     Where the Head of Office is not the appointing authority pension papers shall be transmitted to the appointing authority one year before the date of retirement of the Government servant and the Head of Office shall take the action, well in advance, keeping this time-limit in view.

Rule - 59. Stages for processing of pension papers.?

 

(1)     The Head of Office shall go through the service book and the service roll, if any, of the Government servant and satisfy, himself as to whether the certificates of verification for the entire service period are recorded therein.

 

(2)     In respect of the unverified portion or portions of service he shall, arrange to verify the portion or portions of such service, as the case may be, with reference to pay bills, acquittance rolls or other relevant records and record necessary certificates in the service book or service roll, as the case may be.

 

(3)     If the service for any period is not capable of being verified in the manner specified in Sub-rule (1) and Sub-rule (2), that period of service if rendered by the Government servant in another office or Department, reference shall be made to that office/Department in which the Government servant is shown to have served during that period for the purpose of verification.

 

(4)     If any portion of service rendered by a Government servant is not-capable of being verified in the manner specified in Sub-rule (1) or Sub-rule (2) or Sub-rule (3) the Government servant shall be asked to file a written statement on plain paper stating that he had in fact rendered that period of service and shall at the foot of the statement, make and subscribe to a declaration as to the truth of that statement, and shall in support of such declaration produce documentary evidence and furnish all information which is in his power to produce or furnish.

 

(5)     The authority competent to sanction pension to that Government servant shall, after taking into consideration the facts in the written statement and the evidence produced and the information furnished by that Government servant in support of the said period of service, admit that portion of service as having been rendered for the purpose of calculating the pension of that Government servant.

Rule - 60. Making good omission in the Service Book.?

 

(1)     The Head of Office while scrutinising the certificates of verification of service, shall also verify if there are any other omissions, imperfections or deficiencies which have a direct bearing on the examination of emoluments and the service qualifying for pension.

 

(2)     Every effort shall be made to complete the verification of service, as in Rule 59 and to make good omissions, imperfections or deficiencies referred to in Sub-rule (1) above. Any omissions, imperfections or deficiencies including the portion of service shown as unverified in the Service Book which has not been possible to verify in accordance with the procedure laid down in Rule 59 shall be treated as qualifying service for the purpose of pension unless there is specific entry in the Service Book/Record to the contrary.

 

(3)     For the purpose of calculation of 'emoluments' the Head of Office shall verify from the Service Book the correctness of emoluments drawn or to be drawn for last twelve months preceding the date of retirement.

Rule - 61. Completion of pension papers.?

 

The Head of Office shall complete Part I of Form 7 not later than 6 months of the date of retirement of the Government servant.

Rule - 62. Forwarding of pension papers to the appointing authority/ Accounts Officer.?

 

(1)     After completing Part I portion of Form 7 the Head of Office shall forward the same along with Form 6 to the appointing authority (where the Head of Office is not the appointing authority) with the service book/ service roll of the Government servant duly completed up to date and any other documents relied upon for the verification of the service.

 

(2)     The appointing authority shall sanction the pension in Part II of Form 7 and intimate the same to the Accountant-General Orissa in Form 9 not later than four months before the date of retirement of Government servant.

 

(3)     It shall be the sole responsibility of the pension sanctioning authority to forward the pension on only pension papers to the Accountant-General in time prescribed under Clause (i) of this Sub-rule (1) and Sub-rule (2) of Rule 75 failing which he shall be liable for disciplinary action.

 

(4)     The appointing authority at the time of forwarding the pension papers of a Government servant to the Accounts Officer, should prepare in triplicate a certificate calculation sheet, in Form 8 and forward it to the Accounts Officer, along with the pension papers and shall retain an additional copy as his office copy.

 

(5)     The Accounts Officer, while issuing the pensionary authorisation, countersign the calculation sheet verified by the appointing authority, retain one copy (out of three received by him from the appointing authority) and forward one copy as countersigned by him to the pensioner, along with the intimation of his having sent the pension payment order to the Treasury. The other certified copy of the calculation sheet as countersigned by the Accounts Officer shall be returned to the appointing authority concerned, and shall keep the same in a guard file with a proper index for future reference.

Rule - 63. Intimation to Accounts Officer regarding any event having bearing on pension.?

 

(1)     If after the pension papers have been forwarded to the Accounts Officer within the period specified in Sub-rule (2) of Rule 62 any event occurs which has a bearing on the amount of pension admissible, the fact thereof shall immediately be reported to the Accounts Officer by the appointing authority.

 

(2)     The appointing authority after ascertaining and assessing the Government dues in Rule 68 shall furnish the particulars thereof to the Accounts Officer at least two months before the date of retirement of a Government servant so that the dues are recovered out of the gratuity before its payment is authorised.

 

(3)     If, after the particulars of Government dues have been intimated to e Accounts Officer under Sub-rule (2) any additional Government dues me to the notice of the appointing authority, such fact shall be promptly ported to the Accounts Officer.

Rule - 64. Authorisation of pension and gratuity by the Accounts Officer.?

 

(1)     On receipt of pension papers referred to in Rule 62 the Accounts Officer shall undertake the requisite checks record the account enfacement in Part III of Form 7 and assess the amount of pension and gratuity and issue the pension payment order not later than one month in advance of the date of the retirement of the Government servant if the pension is payable in his unit of Account Circle.

 

(2)     If the pension is payable in other than his unit of Account Circle the Accounts Officer shall send the pension payment order along with a copy of Form 7 and the accounts enfacement to the Accounts Officer of that unit of Account Circle for arranging the payment.

Rule - 65. Provisional pension.?

 

(1)     In cases where, it may not be possible for the appointing authority to forward the pension papers referred to in Rule 62 to the Accountant-General, Orissa within the period prescribed therein after following due procedure, or where the pension papers have been forwarded to the Accountant-General, Orissa within the prescribed period but the Accountant-General has either not issued the pension payment order in time or has returned the pension papers to the Pension Sanctioning Authority soliciting further information before issue of pension payment order and order for the payment of gratuity the Pension Sanctioning Authority in such a case it is of the opinion that the Government servant is likely to retire before sanction of his pension and gratuity or both and such pension and gratuity cannot be finally assessed and settled in accordance with the provisions of these rules prior to the date of retirement, he shall without delay, take steps to determine the qualifying years of service and emoluments qualifying for pension after the most careful summary investigations that may be made. For this purpose he shall-

 

(2)     rely upon such information as may be available in the official records; and

 

(3)     ask the retiring Government servant to furnish a written statement on plain papers stating the total length of qualifying service including details of emoluments last drawn but excluding the breaks/other non-qualifying periods of service.

 

(4)     The Government servant while furnishing the statement as in Clause (ii) of Sub-rule (1) shall at the foot of the statement make and subscribe to a declaration as to the truth of the statement.

 

(5)     The Pension Sanctioning Authority shall thereafter determine the qualifying years of service and the emoluments qualifying for pension in accordance with the information available in the office records and the information obtained from the retiring Government servant under Sub-rule (1). He shall, then determine the amount of provisional pension and the amount of provisional gratuity.

 

(6)     After the amount of pension and gratuity have been determined under Sub-rule (3), the Pension Sanctioning Authority shall take further action as follows :

 

(a)      He shall issue a sanction order, in Form 17 endorsing a copy thereof to the Accounts Officer/Head of Office/ Government Servant/ Treasury Officer authorising ?

 

(b)      100 per cent of pension as determined under Sub-rule (3) as provisional pension till the final pension authorised by the Accountant-General, Orissa; and

 

(c)      100 per cent of the gratuity as provisional gratuity as determined under Sub-rule (3) withholding ten per cent of such gratuity or one thousand rupees, whichever is less.

 

(d)      He shall also indicate in the sanction letter the amount recover from the gratuity under Sub-rule (2) of Rule 63. After issue of the sanction order the Head of Office shall draw.

 

(e)      the amount of provisional pension; and

 

(f)       the amount of provisional gratuity after deducting therefrom the amount mentioned in Sub-clause (ii) of Clause (a) and the dues, if any, mentioned in Rule 68 in the same manner as pay and allowances of the establishment are drawn by him.

 

(7)     The amount of provisional pension and gratuity payable under Sub-rule (4) shall, if necessary be revised on the completion of the detailed scrutiny of records.

 

(8)     As soon as the amount of final pension and the amount of final gratuity are determined by the appointing authority, he shall intimate the same to the Accountant-General, Orissa. On receipt of the report, the Accountant-General, Orissa shall ?

 

(9)     issue the pension payment order,

 

(10)   direct the Treasury Officer to draw and disburse the difference between the final amount of gratuity and the amount of provisional gratuity paid under Sub-clause (ii) of Clause (b) of Sub-rule (4) after adjusting the Government dues, if any, which may have come to notice after the payment of provisional gratuity.

 

(11)   If the amount of provisional pension disbursed to a Government servant under Sub-rule (4) is on its final assessment, found to be in excess of the final pension assessed by the Accounts Officer, it shall be open to the Accounts-Officer to adjust the excess amount of pension out of gratuity withheld under Sub-clause (ii) of Clause (a) of Sub-rule (4) or direct the disbursing officer to recover the excess amount of pension in instalments by making short payment of the pension payable in future.

 

(12)   If the amount of provisional gratuity disbursed by the Head of Office under Sub-rule (4) is larger than the amount finally assessed the excess so paid shall be adjusted against commuted value of pension or by making short payment in pension in suitable instalment.

 

(13)   The appointment authority shall ensure that chances of disbursing amount of gratuity in excess or the amount finally assessed are minimised.

 

(14)   If the provisional pension or gratuity or both sanctioned under Sub-rule (4) is desired to be received by the pensioner through money-order or bank-draft, the same shall be remitted to him through money-order or bank draft at his cost :

 

Provided that in the case of any amount of pension, not exceeding the amount specified in Note 3 of Subsidiary Rule 310 of the Orissa Treasury Code, Volume I plus the amount of temporary increase on pension that amount shall at the request of the pensioner in writing be remitted to him by money-order at the cost of the Government.

Rule - 66. Grant of provisional pension where departmental or judicial proceeding is pending.?

 

(1)     Where departmental or judicial proceedings are pending in respect of Government servant on the date of his retirement, referred to in, he shall be paid a provisional pension not exceeding the maximum pension which would have been admissible on the basis of qualifying service up to the date of retirement of the Government servant; or if he was under suspension on the date of retirement up to the date immediately preceding the date on which he was placed under suspension.

 

(2)     No gratuity shall be paid to the Government servant until the conclusion of the Departmental or judicial proceedings and issue of final order thereon :

 

Provided that where departmental proceedings have been instituted under Rule 16 of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 for imposing any of the penalties specified in Clauses (i), (ii), and (iii-A) of Rule 13 of the said rules, the payment of gratuity shall be authorised to be paid to the Government servant.

 

(3)     The provisional pension shall be authorised during the period commencing from the date of retirement up to and including the date on which, after the conclusion of departmental or judicial proceeding, final orders are passed by the competent authority.

 

(4)     The authority competent to sanction pension shall be the authority competent to sanction provisional pension.

 

(5)     Payment of provisional pension made under Sub-rule (1) shall be adjusted against final retirement benefits sanctioned to such Government servant upon conclusion of such proceedings but no recovery shall be made where the pension finally-sanctioned is less than the provisional pension or the pension is reduced or withheld either permanently or for a specified period.

Rule - 67. Government servants on deputation.?

 

(1)     In the case of Government servant who retires while on deputation to the Central/ other State Government no recovery of proportionate pension will be made from Central/another State Government under whom he had served, his period of deputation shall be counted towards qualifying service for the purpose of pension.

 

(2)     In the case of Government servant who retires from service while on foreign service, action to authorise pension and gratuity in accordance with provisions of these Rules shall be taken up by the Head of Office by whom he has been sent on deputation on foreign service.

Rule - 68. Recovery and adjustment of Government dues.?

 

(1)     It shall be the duty of the Head of Office to ascertain and assess Government dues payable by Government servant due for retirement.

 

(2)     The Government dues as ascertained and assessed by the Head of Office which remain outstanding till the date of retirement of the Government servant shall be adjusted against the amount of the retirement gratuity becoming payable.

 

(3)     The expression 'Government dues' includes ?

 

(a)      dues pertaining to Government accommodation including arrears of licence fee, if any :

(b)      dues other than those pertaining to Government accommodation, namely, balance of house building or conveyance or any other advance, overpayment of pay and allowances or leave salary and arrears of income tax deductable at the source under the Income Tax Act, 1961 (43 of 1961).

 

(c)      For the purpose of issue of 'No Demand Certificate' the pension sanctioning authority will enquire from the offices in which the retiring Government employee worked during the last three years of his/her service.

 

(d)      For the purpose of 'No Demand Certificate' the report of Drawing and Disbursing Officer for settlement of discrepancies on adjustment of any loans/ advances and the interest thereon shall be acceptable by the Accounts Officer, where details of such adjustment are neither available nor posted on the ledger maintained in his office.

Rule - 69. Adjustment and recovery of dues pertaining to Government accommodation-intimation for issue of 'No Demand Certificate'.?

 

(1)     The Head of Office shall write to the authority in charge of Government accommodation at least two years before the anticipated date of retirement of the Government servant who is in occupation of a Government accommodation (hereinafter referred to as 'allottee') for the issue of a 'No Demand Certificate' in respect of the period preceding to eight months of retirement of the allottee.

 

(2)     The authority in charge of Government accommodation on receipt of intimation from the Head of Office shall scrutinise its records and inform the Head of Office eight months before the date of retirement of the allottee, if any licence fee was recoverable from him in respect of the period prior to eight months of his retirement. If no intimation in regard to recovery of outstanding licence fee is received by the Head of Office by the stipulated date, it shall be presumed that no licence fee was recoverable from the allottee in respect of the period preceding to eight months of his retirement.

 

(3)     The Head of Office shall ensure that licence fee for the next eight months, that is up to the date of retirement of the allottee is recovered every month from the pay and allowances of the allottee.

 

(4)     Where the authority in charge of Government accommodation intimates the amount of licence fee recoverable in respect of the period mentioned in Sub-rule (2) the Head of Office shall ensure that outstanding licence fee is recovered in instalments from the current pay and allowances of the allottee and where the entire amount is not recovered from the pay and allowances, the balance shall be recovered out of the gratuity before its payment is authorised.

 

(5)     The authority in charge of Government accommodation shall also inform the Head of Office the amount of licence fee for the retention of Government accommodation for the permissible period of four months beyond the date of retirement of the- allottee. The Head of Office shall adjust the amount from gratuity together with unrecovered licence fee if any mentioned in Sub-rule (4).

 

(6)     If in any particular case, it is not possible for the authority in charge of Government accommodation to determine the outstanding licence fee, that the said authority shall inform the Head of Office that ten per cent to the gratuity or one thousand rupees, whichever is less, may be withheld pending receipt of further information.

 

(7)     The recovery of licence fee for the occupation of the Government accommodation beyond the permissible period of four months after the date of retirement of allottee shall be the responsibility of the authorities in charge of Government accommodation or the authority competent to allot quarters.

 

Note - For the purpose of this Rule, the licence fee shall also include any other charges payable by the allottee for any damage or loss caused by him to the Government accommodation or its fittings.

Rule - 70. Adjustment and recovery of dues other than dues pertaining to Government accommodation.?

 

(1)     For the dues other than the dues pertaining to occupation of Government accommodation as referred to in Clause (b) of Sub-rule (3) of Rule 68 of the Head of Office shall take steps to assess the dues two years before the date on which a Government servant is due to retire on superannuation.

 

(2)     The assessment of Government dues referred to in Sub-rule (1) shall be completed by the Head of Office eight months prior to the date of the retirement of the Government servant.

 

Note - Where the Government dues outstanding against the pensioner could not be finalised due to the reasons attributable to the retired Government Servant, the Pension Sanctioning Authority shall issue three reminders in registered cover at an interval of fifteen days between each reminder to the pensioner and thereafter finalise the Government dues unilaterally and intimate to the Accountant-General for authorising retirement gratuity after recovery of the outstanding Government dues.

(3)     The dues as assessed under Sub-rule (2) including those dues which come to notice subsequently and which remain outstanding till the date of retirement of the Government servant shall be adjusted against the amount of death or retirement gratuity becoming payable to the Government servant on his retirement.

 

Explanation - (1) The Co-operative Societies are not Government organisations and any dues to them cannot be related as dues to Government. No recovery of such dues can be made from the death/retirement gratuity.

 

(2) The term 'Government dues' covers only the dues payable to the Government and does not include the dues while on deputation. In other words, the sum due from the officer to an autonomous Organisation is not Government dues and so cannot be recovered out of death or retirement gratuity payable by the Government to the officer, except where the Government servant has given his consent in writing to such a recovery being made from his gratuity, which has become payable to him.

 

(3) Missing of Government journals and books etc., are Government dues. In any particular case if the Government servant is charged with the loss of Government journals and books, etc., and it is not possible to get back the said journals or books, the pension sanctioning authority may order to deduct cost of such books and journals out of the death or retirement gratuity payable to the person concerned.

Rule - 70A. Recovery of over payment.?

 

Any over payment to a retired Government employee or his/her family on account of final payment of General Provident Fund, Gratuity, Pension and Temporary increase detected before or after retirement, not being legally due to such retired employee or his/her family, shall be deemed to be Government dues and shall be recovered from his/her gratuity and/or Temporary Increase on pension.

 

Note 1 - When excess payment is made in the General Provident Fund Account, of a subscriber, such excess amount over and above the amount standing at the credit of the subscriber is charged on the consolidated fund of the state and as such, such over-payment is to be treated as Government dues. Similarly excess payment of Pension, Gratuity or Temporary Increase over what is due to a retired Government servant or his/her family, is a payment by Government not due to him/ her and therefore, shall be treated as Government dues.

 

Note 2 - Government servant shall furnish the declaration in duplicate required in Orissa Civil Services (Pension) Form 5-A to the Head of Office before his/her retirement. One copy of such declaration shall be retained by the Pension Sanctioning Authority and another copy be sent along with pension paper to the Accountant-General Orissa.]

Rule - 71. Revision of pension after authorisation.?

 

(1)     Subject to the provisions of Rules 6 and 7 pension once authorised after final assessment shall not be revised to the disadvantage of the Government servant, unless such revision becomes necessary on account of detection of a clerical error subsequently in the pension payment order :

 

Provided that no revision of pension to the disadvantage of the pensioner shall be ordered by the appointing authority without the concurrence of the Finance Department if the clerical error is detected after period of two years from the date of authorisation of pension.

 

(2)     In case of revision made to the disadvantage of the pensioner under Sub-rule (1), the retired Government servant concerned shall be served with a notice by the appointing authority requiring him to refund the excess payment of pension within a period of two months from the date of receipt of notice by him.

 

(3)     In case the Government servant fails to comply with the notice, the appointing authority shall, by order in writing direct that such excess payment shall be adjusted in instalments by short payment of pensions in future, in one or more instalments; as the appointing authority may direct.

CHAPTER-IX

Sanction of family pension and death gratuity in respect of Government servants dying while in service

Rule - 72. Obtaining the claims for family pension and death gratuity.?

 

(1)     Where the Head of Office has received an intimation ascertain whether any death gratuity or family pension or both is or are payable in respect of the deceased Government servant.

 

(2)     Where the family of the deceased Government servant is eligible for death gratuity under Rule 49 the Head of Office shall ascertain,-

 

(3)     if the deceased Government servant had nominated any person or persons to receive the gratuity; and

 

(4)     if the deceased Government servant had not made any nomination or the nomination those made either does not subsist or found to be invalid, the persons to whom the gratuity may be payable.

 

(5)     The Head of Office shall, then, address the person concerned in Form 10 or Form 11 as may be appropriate for making claim in Form 12.

 

(6)     Where the family of the deceased Government servant is eligible under Rule 56 for the family pension ?

 

(7)     The Head of Office shall address the widow or widower in Form 13 for making a claim in Form 14; and

 

(8)     Where the deceased Government servant is survived only by a child or children, the guardian of such child or children may submit a claim in Form 14 to the Head of Office :

 

Provided that the guardian shall not be required to submit a claim in the said form on behalf of a claim if the child has attained the age of eighteen years and such child may himself or herself submit a claim in the said form.

 

(9)     If on the date of death, the Government servant was an allottee of Government accommodation the Head of Office shall address the authority in charge of Government accommodation for the issue of the "No Demand Certificate" in accordance with the provisions of Sub-rule (1) of Rule 78.

Rule - 73. Completion of Form 15.?

 

(1)     (a) The Head of Office while taking action to obtain claim or claims from the family in accordance with the provisions of Rule 72 shall simultaneously undertake the completion of Form 15. The work shall be completed within one month from the date on which intimation regarding the date of death of the Government servant has been received.

(b) The Head of Office shall go through the service book of the deceased Government servant and satisfy himself as to whether certificates of verification of service for the entire service are recorded therein.

(c) If there are any period of unverified service, the Head of Office shall accept the unverified period of service as verified on the basis of the available entries in the service book. For this purpose the Head of Office may rely on any other relevant material to which he may have ready access. While accepting the unverified portion of service the Head of Office shall ensure that service was continuous and was forfeited on account of dismissal, removal or resignation from service or for participation in strike.

(2)     (a) For the purpose of determination of emoluments for family pension and death gratuity, the Head of Office shall confine the verification of the correctness of emoluments for a maximum period of one year preceding the date of death of the Government servant.

(b) In case the Government servant was on extraordinary leave on the date of death, the correctness of the emoluments for a maximum period of one year which he drew preceding the date of the commencement of the extraordinary leave shall be verified.

(3)     The process of determination of qualifying service and qualifying emoluments shall be completed within one month of the receipt of intimation regarding the date of death of the Government servant and the amount of family pension and death gratuity shall also be calculated accordingly.

Rule - 74. Determination of the amount of family pension and gratuity where Service Records are incomplete.?

 

If, in any particular case, the service book has not been maintained properly despite the Government's orders on the subject, and it is not possible for the Head of Office to accept the unverified portion of service as verified on the basis of entries in the service book, the Head of Office shall not proceed with the verification of the entire spell of service. The verification of service in such a case shall be confined to the following spells of service, namely :

 

(i)       If the deceased Government servant on the date of death had rendered more than one year of service but less than seven years of service, the service and emoluments for the last year of service shall be verified and accepted by the Head of Office and the amount of family pension be determined under Sub-rule (2) and Sub-rule (3) of Rule 56.

 

(ii)      If the deceased Government servant on the date of his death had rendered more than seven years of service, service for the last seven years and emoluments for service rendered in the last years shall be verified and accepted by the Head of Office and the amount of family pension, and the period of which it is payable shall be determined in accordance with the provisions of Sub-rule (4) of Rule 56.

 

(iii)     If the deceased Government servant at the time of death had rendered more than seven years of service and the service of last seven years is not capable of being verified and accepted by the Head of Office but the service rendered during the last year is capable of being verified and accepted, the Head of Office, pending the verification of service for seven years, shall calculate the amount of family pension in accordance with the provision of Sub-rule (2) and Sub-rule (3) of Rule 56.

 

(iv)    The service for the last seven years shall be verified and accepted within the next two months and the amount of family pension at the enhanced rate and the period for which it is payable shall be determined in accordance with the provisions of Sub-rule (4) of Rule 56.

 

(v)      Determination of the amount of family pension in accordance with, the provision of Sub-clauses (i), (ii) and (iii) shall be done within one month of the receipt of intimation of the date of death of the Government servant.

 

(vi)    If the deceased Government servant had on the date of his death rendered one year of qualifying service but less than five years of qualifying service and the spell of last one year service has been verified and accepted by the Head of Office under Clause (a), the amount of death gratuity shall be equal to 6 times of his emoluments as indicated in Clause (ii) of Sub-rule (2) of Rule 49. Where the verified and accepted service is less than one year qualifying service, the amount of death gratuity shall be equal to 2 times of his emoluments as indicated in Clause (i) of Sub-rule (2) of Rule 49.

 

(vii)   If the deceased Government servant had, on the date of his death rendered more than five years of service but less than twenty years of qualifying service and the spell of last five years' service has been verified and accepted by the Head of Office under Clause (a), the amount of death gratuity shall be equal to twelve times of his emoluments as indicated in Clause (iii) of Sub-rule (2) of Rule 49.

 

(viii)  If the deceased Government servant had rendered more than twenty years of service and the entire service is not capable of being verified and accepted, but the service for the last five years has been verified and accepted under Sub-clause (ii), the family of the deceased Government servant shall be allowed, on provisional basis, the death gratuity equal to twelve times of the emoluments last drawn. Final amount of the gratuity shall be determined by the Head of Office on the acceptance and verification of the entire spell of service which shall be done by the Head of Office within a period of six months from the date on which the authority for the payment of provisional gratuity was issued. The balance, if any, becoming payable as a result of determination of the final amount of death gratuity shall then be authorised to the beneficiaries.

Rule - 75. Forwarding of papers to the Accounts Officer.?

 

(1)     On receipt of claim or claims, the Head of Office shall complete the details in Form 15 and send the said Form in original to the appointing authority in a closed cover along with the Government servant's service book duly completed up-to-date and any other documents relied upon for the verification of the service claimed. This shall be done not later than one month of the receipt of claim by the Head of Office.

 

(2)     The appointing authority shall accord sanction in Part II of Form 15 and transmit the same to the Accounts Officer not later than fifteen days from the date of its receipt in Form 16. He shall retain one copy of the aforesaid Form 15 for his office record.

 

(3)     If the payment is desired in another circle of accounting unit, Form 15 shall be sent in duplicate to the Accounts Officer.

 

(4)     The appointing authority shall draw the attention of the Accounts Officer to the details of the following Government dues outstanding against the deceased Government servant, namely :

 

(a)      Government dues as ascertained and assessed in terms of Rule 78 and recoverable out of the gratuity before payment is authorised.

 

(b)      Amount of gratuity to be held over partly for adjustment of Government dues which have not been assessed so far and partly as a margin for adjustment in the light of the final determination of the gratuity.

 

(c)      The maximum amount of gratuity to be held over for the purpose of Clause (b) shall be limited to ten per cent of the amount of gratuity or rupees one thousand, whichever is less.

Rule - 76. Sanction, drawal and disbursement of provisional family pension and gratuity.?

 

(1)     There may be some cases where in spite of observing the procedures laid down in these rules, it may not be possible for the appointing authority to forward the family pension papers to the Accounts Officer within the prescribed period or where the family pension papers have been forwarded to the Accounts Officer within the prescribed period but the Accounts Officer has either not issued the family pension payment order or may have returned the papers to the appointing authority soliciting further information before issue of payment order on family pension or gratuity and if the the appointing authority in such a case is of the opinion that non finalisation of family pension and gratuity will create financial hardship for the family of the deceased Government servant, he shall without delay, take steps to determine the qualifying years of service and emoluments qualifying for family pension after the most careful summary investigation that may be made. For this purpose, the following procedure shall be adopted, namely :

 

(a)      The appointing authority shall issue a sanction letter in Form 17 in favour of claimant or claimants endorsing a copy thereof to the Accounts Officer indicating the amount of provisional family pension and hundred per cent of the gratuity so determined;

 

(b)      He shall indicate in the sanction letter the amount recoverable out of the gratuity under Sub-rule (4) of Rule 75.

 

(c)      A copy of the sanction letter shall be transmitted to the concerned Head of Office who shall draw and disburse-

 

(d)      the amount of the provisional family pension, and

 

(e)      the amount of hundred per cent of the gratuity after deducting therefrom the dues mentioned in Clause (b), if any.

 

(2)     The claim shall be preferred by the Head of Office separately for each beneficiary in Form 37-B of the Orissa Treasury Code.

 

(3)     The payment of provisional family pension shall continue till the issue of final Family Pension Payment Order.

 

(4)     The Head of Office shall inform the Accounts Officer as soon as provisional family pension and the gratuity have been paid to the claimant or claimants.

 

(5)     If the claimant or any of the claimants-desires the payment of provisional family pension or of gratuity or of both through money-order or bank draft, the same shall be remitted to him or her through money-order or bank draft at his/her own cost :

 

Provided that in the case of any family pension not exceeding the amount specified in Note 3 of Subsidiary Rule 310 of the Orissa Treasury Code, Volume I plus the amount of temporary increase on family pension that amount shall at the request of the claimant be remitted to him/her by money-order at Government expense.

Rule - 77. Authorisation of final family pension and balance of the gratuity by the Accounts Officer.?

 

(1)     On receipt of the documents referred to in Sub-rule (2) of Rule 75 the Accounts Officer shall, within a period of three months from the date of receipt of the documents make the requisite checks and complete account enfacement in Part III of Form 15 and assess the amount of family pension and gratuity.

 

(2)     If the family pension is payable in his circle of accounting unit, the Accounts Officer shall prepare the pension payment order.

 

(3)     The payment of family pension shall be effective from the date following the date on which the payment of provisional family pension, if any, paid, is ceased.

 

(4)     Arrears of family pension, if any, in respect for the period of which provisional family pension was drawn and disbursed by the Head of Office shall also be authorised by the Accounts Officer.

 

(5)     The Accounts Officer shall determine the amount of the balance of the gratuity after adjusting the amount, if any outstanding against the deceased Government servant.

 

(6)     The Accounts Officer shall intimate to the Treasury Officer the amount of the balance of the gratuity determined under Clause (a) for drawal and disbursement to the person or persons to whom the provisional gratuity has been paid.

 

(7)     The fact of the issue of the pension payment order shall be promptly reported to the Head of Office by the Accounts Officer and the documents which are no longer required shall also be returned to him.

 

(8)     If the final family pension including the arrears of provisional family pension is payable in another circle of accounting unit, the Accounts Officer shall send the pension payment order together with the copy of Form 15 duly completed to the Accounts Officer of that unit for arranging payment:

 

Provided that the adjustment of provisional family pension drawn and disbursed by the Head of Office shall be made by the Accounts Officer in whose circle of accounting unit to provisional family pension was paid.

 

(9)     If the amount of provisional family pension as disbursed by the Head of Office is found to be in excess of the final family pension assessed by the Accounts Officer it shall be open to the Accounts Officer to direct the disbursing officer to adjust the excess amount in instalments by short payments of family pension in future.

 

(10)   If the amount of gratuity disbursed by the Head of Office found to be in excess than the amount finally assessed by the Accounts Officer the excess amount shall be adjusted by making short payment in suitable instalments.

 

(11)   The appointing authority shall ensure that chances of disbursing the amount of gratuity in excess of the amount actually admissible are minimised and the official or officials responsible for the excess payment shall be accountable for the over payment.

Rule - 78. Adjustment of Government dues.?

 

The following shall be taken to be Government dues to be recovered from gratuity, namely :

 

(1)     Dues pertaining to Government accommodation ?

 

(i)       If on the date of death the Government servant was in occupation of Government accommodation, the Head of Office on receipt of intimation regarding the death of the Government servant shall within seven days of the receipt of such intimation, write to the authority in charge of Government accommodation for the issue of "No Demand Certificate" so that the authorisation of family pension and death gratuity is not delayed while addressing the authority in charge of Government accommodation for the issue of No Demand Certificate, the Head of Office shall also supply the following information in duplicate (one copy forwarded marked to the Rent Section and the second to the Allotment Section), namely :

 

(ii)      Name of the deceased Government servant with designation;

 

(iii)     Particulars of the accommodation (quarters No., type and locality);

 

(iv)    Date of death of Government servant;

 

(v)      Whether the Government servant was on leave at the time of his death and if so, the period and nature of leave;

 

(vi)    Whether the Government servant was enjoying rent-free accommodation;

 

(vii)   The period up to which licence fee had been recovered from the pay and the allowances of the deceased Government servant and the monthly rate of recovery and particulars of the pay bill under which last recovery was made.

 

(viii)  If the licence fee has not been recovered up to, the date of death and the family intends to retain Government accommodation for the permissible period of four months from the date of death of the Government servant of the following additional detail to be furnished, namely :

 

(ix)    period for which licence fee still remains to be recovered;

 

(x)      the amount of licence fee in respect of the period specified in Sub-clause (a) to be determined on the basis of standard rent bill;

 

(xi)    the amount of licence fee for retention of Government accommodation by the family of the deceased Government servant for concerned period of four months beyond the date of death of the Government servant to be determined on the basis of standard bill;

 

(xii)   the amount of licence fee mentioned at Sub-clauses (b) and (c) proposed to be recovered from death gratuity;

 

(xiii)  details of any previous reference from the authority in charge of Government accommodation relating to recovery of licence fee.

 

(xiv)  The Head of Office shall recover from the death gratuity, the amount of licence fee, as intimated by the authority in charge of Government accommodation under Clause (ii).

 

(xv)   The recovery of licence fee for the occupation of Government accommodation beyond the permissible period of four months shall be the responsibility of the authority in charge of Government accommodation.

 

(xvi)  The authority in charge of Government accommodation shall scrutinise their records with a view to determine if, any, licence fee other than the licence fee referred to in Clause (ii) was outstanding against deceased Government servant. If any outstanding amount is found, the amount and the periods to which such outstanding relate shall be communicated to the Head of Office within a period of three months of the receipt of intimation regarding the death of the Government servant under Clause (i).

 

(xvii) Pending receipt of information under Clause (v), the Head of Office shall withhold ten per cent of the death gratuity or one thousand rupees, whichever is less.

 

(xviii)   If no intimation is received by the Head of Office within the period prescribed under Clause (v) regarding recovery of licence fee, it shall be presumed that nothing was recoverable from the deceased Government servant and the amount of gratuity withheld shall be paid to the person or persons to whom the amount of death gratuity was paid.

 

(xix)  If the Head of Office has received intimation from the authority in charge of Government accommodation under Clause (v) regarding licence fee outstanding against the deceased Government servant, the Head of Office shall verify from the acquittance roll if the outstanding amount of licence fee was recovered from the pay and allowances of the deceased Government servant. If as a result of verification, it is found that the amount of licence fee shown as outstanding by the authority in charge of Government accommodation has already been recovered, the Head of Office shall draw the attention of the authority in charge of Government accommodation to the pay bills under which the necessary recovery of the licence fee was made and subject to the provisions of Sub-rule (2) take steps to pay the amount of the gratuity withheld under Clause (vi) to the person or persons to whom the death gratuity was paid.

 

(xx)   If the outstanding amount of licence fee was not recovered from the pay and allowances of the deceased Government servant, the outstanding amount shall be adjusted against the amount of the gratuity withheld under Clause (vi) and the balance, if any, re-paid to the person or persons to whom the amount of death gratuity was paid.

 

(2)     Dues other than those referred to in Sub-rule (1)-The Head of Office shall, within one month of the receipt of intimation regarding death of a Government servant, take steps to ascertain if any dues as referred to in Rule 68 excluding the dues pertaining to the allotment of Government accommodation were recoverable from the deceased Government servant. Such ascertainable dues shall recovered from the amount of death gratuity becoming payable to the family of the deceased Government servant.

Rule - 79. Payment of family pension and death gratuity when a Government servant dies while on deputation.?

 

In the case of a Government servant who dies while on deputation to Central Government or to other State Governments or while on foreign service to any authority/corporate body action to authorise the payments of family pension and death gratuity in accordance with the provisions of this chapter shall be taken by the Head of Office or the cadre authority which sanctioned the deputation of the deceased Government servant to the Central Government or to other State Government or to the foreign service.

CHAPTER-X

Sanction of family pension and residuary gratuity in respect of deceased pensioners

Rule - 80. Sanction of family pension and residuary gratuity on the death of pensioner.?

 

(1)     Where the appointing authority has received an intimation regarding the death of a retired Government servant who was in receipt of pension, he shall ascertain whether any family pension or residuary gratuity or both are payable in respect of the deceased pensioner :

 

Provided that the appointing authority may, when he consider it necessary so to do, consult the Accounts Officer.

 

(2)     If the deceased pensioner is survived by a widow or widower who is eligible for receipt of family pension under Rule 56 the amount of family pension as indicated in the pension payment order shall become payable to the widow or widower, as the case may be, from the day following the date of death of the pensioner.

 

(3)     On receipt of an application from the widow or widower, the pension disbursing authority from whom the deceased pensioner was drawing his or her pension shall authorise the payment of family pension to the widow or widower, as the case may be.

 

(4)     Where the deceased pensioner is survived by child or children, the guardian of the child or children may submit a claim in Form 14 to the appointing authority for the payment of family pension :

 

Provided that the guardian shall not be required to submit a claim in the said Form on behalf of the son or unmarried daughter if he or she has attained the age of eighteen years and such a person may himself or herself submit a claim in the said Form.

 

(5)     On receipt of a claim from the guardian, the appointing authority shall sanction the family pension in Form 21.

 

(6)     Where the widow or widower in receipt of family pension, marries and has at the time of remarriage, child or children from the former spouse who is or are eligible for family pension, the remarried individual shall be eligible to draw the family pension on behalf of such child or children if such individual continues to be the guardian of such child or children.

 

(7)     For the purposes of Sub-clause (i) the remarried individual shall apply to the appointing authority on plain paper furnishing the following particulars, namely :

 

(a)      a declaration that the applicant continues to be the guardian of such child or children;

 

(b)      the date of remarriage;

 

(c)      the name and date of birth of the child or children from the former spouse;

 

(d)      the pension disbursing authority from whom the payment of family pension on behalf of such child or children is desired:

 

(e)      full postal address of the applicant.

 

(8)     If the remarried individual has, for reasons, ceases to be the guardian of such child or children the family pension shall become payable to the person entitled to act as guardian of such child or children under the law for the time being in force and such person may submit a claim in Form 14 to the appointing authority for the payment of family pension:

 

Provided that the guardian shall not be required to submit a claim in the said Form on behalf of the son, or unmarried daughter if he or she has attained the age of eighteen years and such person may himself or herself submit and claim in the said Form.

 

(9)     On receipt of the claim referred to in Sub-clause (iii), the appointing authority shall sanction family pension in Form 22.

 

(10)   Where a widow or widower in receipt of family pension dies and leaves behind child or children who is or are eligible for family pension, the guardian may submit a claim in Form 14 to the appointing authority for the payment of family pension :

 

Provided that the guardian shall not be required to submit a claim in the said Form on behalf of the son or unmarried daughter if he or she has attained the age of eighteen years and such a person may himself or herself submit claim in the said Form.

 

(11)   On receipt of a claim under Sub-clause (i), the appointing authority shall sanction family pension in Form 22.

 

(12)   [Where the deceased Government servant/pensioner is survived only by father/mother, father shall apply for family pension in OCS (Pension) Form 14-A to the Appointing Authority.

 

(13)   If no father is alive or on the death of father, the mother shall apply for family pension in OCS (Pension) Form 14-A to the Pension Sanctioning Authority for sanction of family pension.

 

(14)   On receipt of the claim from the father/mother as the case may be, the Pension Sanctioning Authority shall accord sanction for payment of family pension in the OCS (Pension) Form 15-A and transmit the same in original to Accountant General (A & E), Orissa for issue of authority.]

 

(15)   Where on the death of a retired Government servant, a residuary gratuity becomes payable to the family of the deceased under Sub-rule (3) of Rule 49 the appointing authority shall sanction its payment on receipt of a claim or claims in Form 23 from the person or persons eligible to receive the residuary gratuity.

Rule - 81. Authorisation of payment by Accounts Officer.?

 

On receipt of the sanction under Rule 80 regarding the payment of family pension or of residuary gratuity or of both, the Accounts Officer shall authorise the payment of the same.

CHAPTER-XI

Payment of pension

Rule - 82. Date from which pension becomes payable.?

 

(1)     Except in the case of a Government servant to whom the provisions of Rules 43 and 44 apply and subject to the provisions of Rules 7 and 66, a pension other than family pension shall become payable from due date on which a Government servant ceases to be borne on the establishment.

 

(2)     Pension including family pension shall be payable for the day on which its recipient dies.

Rule - 83. Currency in which pension is payable.?

 

All pension including gratuities admissible under these rules shall be payable in rupees, in India only.

Rule - 84. Manner of payment of pension.?

 

(a)      A pension fixed at monthly rates shall be payable monthly on or after the first day of the following month.

 

(b)      Except as otherwise provided in these rules, a gratuity shall be paid in lump sum.

Rule - 85. Application of Treasury Rules.?

 

Save as otherwise provided in these rules, Rules of the Orissa Treasury Code shall apply in respect of the following payments, namely :

 

(i)       gratuity;

 

(ii)      pension;

 

(iii)     pension undrawn for more than a year; and

 

(iv)    pension in respect of deceased pensioner.

CHAPTER-XII

Re-employment of pensioners

Rule - 86.

 

(i)       Save as otherwise provided, the rules in this chapter shall apply for fixation of pay of the pensioners who are re-employed in civil services and posts under the State Government or local authority, Industrial or Commercial Undertakings or Corporations owned or controlled by the State Government after retirement from Government service.

 

(ii)      These rules shall also apply to persons re-employed in regular work charged establishments.

 

(iii)     Unless otherwise provided, these rules shall also apply to persons re-employed on contract basis.

 

(iv)    The rules in this chapter shall not apply to ?

 

(v)      Persons re-employed after resignation, removal or dismissal,/ provided they have not received any retirement/terminal benefits for the pre-employment service;

 

(vi)    Persons paid from contingencies;

 

(vii)   Persons on casual or daily rated or part-time employment;

 

(viii)  Persons appointed as consultants on payment of consolidated fees; and

 

(ix)    Retired Judges of Supreme Court/High Courts appointed on Commission/Committees.

Rule - 87. Definition.?

 

In this Chapter, unless, the context otherwise requires-

 

(a)      'Pension' means the gross monthly pension or Government's contribution to Contributory Provident Fund and/or other retirement benefits, if any, payable under the Orissa Civil Services (Pension) Rules, 1992 or the relevant rules of the Government or body under which the re-employed pensioner was serving prior to his retirement, where pension has been committed partly or fully, pension means the gross pension payable prior to commutation.

 

(b)      'Pre-retirement Pay' means ?

 

(c)      the pay which was taken into account for calculation of pension;

 

(d)      in case of an officer who retires while on leave or on deputation the pay that he would have drawn, in this parent cadre but for going on leave or on deputation, shall be taken as pre-retirement pay provided the competent authority certifies that he would have continued to officiate the post but for his proceeding on leave or on deputation.

Rule - 88.

 

Except in case of the Government servants in receipt of non-practising allowance either before or after re-employment, the person re-employed prior to the date of introduction of the revised scale of pay shall be entitled to the benefit of the revised scales of pay during the period of re-employment.

Rule - 89. Fixation of pay of re-employed pensioners.?

 

(a)      Re-employed pensioners shall be allowed to draw pay only in the prescribed scales of pay attached to the posts in which they are re-employed. No protection of the scales of pay of the posts held by them prior to retirement shall be given.

 

(b)      In all cases where the pension is fully ignored, the initial pay on re-emplOyment shall be fixed at the minimum of the scale of pay of the reemployed post.

 

(c)      In cases where the entire pension and pensionary benefits are not ignored for pay fixation, the initial pay on re-employment shall be fixed at the same stage as the last pay drawn before retirement. If there is no such stage in the re-employed post, the pay shall be fixed at the stage below that pay. If the maximum of the pay scale in which a pensioner is reemployed is less than the last pay drawn by him before retirement, his initial pay shall be fixed at the maximum of the scale of the re-employed post. Similarly, if the minimum of the scale of pay in which a pensioner is re-employed is more than the last pay drawn by him before retirement his initial pay shall be fixed at the minimum of the scale of pay of the re-employed post. In all these cases, the non-ignorable part of the pension shall be reduced from the pay fixed.

 

(d)      The re-employed pensioner, in addition to pay as fixed under Sub-rule (b) above, shall be permitted to draw separately any pension sanctioned to him and to retain any other form of retirement benefits.

 

(e)      In the case of persons retiring before attaining the age of 55 years and who are re-employed pension/other forms of retirement benefit shall be ignored for initial pay fixation to the extent of [Rs. 1500.00]

 

Note - The fixation of pay on re-employment shall be made by the Administrative Department in consultation with the Finance Department.

Rule - 90. Drawal of increment.?

 

Once the initial pay of a re-employed pension has been fixed under Rule 89, he may be allowed to draw normal increments in the time-scale of the post to which he is appointed as if the pay had been fixed at the minimum or the higher stage, as the case may be, (i.e. before an adjustment on account of pension other forms of retirement benefits is made) provided that the pay and gross pension/other forms of retirement benefit taken together do not at any time exceed Rs. 6,500 per month.

Rule - 91. Persons retiring on invalid or compensation pension.?

 

Pensioners who are re-employed after obtaining compensation or invalid pension will also get their pay fixed under Rule 89 provided they retain their pension, in which cases their former service will not count for future pension. In case the pensioners elect to count their previous service for pension by foregoing their entire pension including retirement gratuity under Rule 98, their pay shall be fixed by treating them as if they are not in receipt of any pension.

Rule - 92. Promotion/transfer.?

 

In case of regular promotion/transfer of a re-employed pensioner to another post, pay of the re-employed/ pensioner shall be fixed under the provisions of the Orissa Service Code with reference to the pay in the previous re-employed post (before adjustment); Adjustment from the pay so fixed, on account of pension/ other forms of retirement benefits shall be continued to be made to the same extent as was being made earlier. This shall remain subject to the condition that the pay plus pension/other forms of retirement benefits shall not exceed Rs. 6,500/- per month at any time.

Rule - 93. Provisional pay on re-employment.?

 

(1)     Where delay is likely to occur in determining the pension and other pensionary benefits, the reemployed pensioners, pending final fixation of pay, shall be paid their pay on provisional basis for the maximum period of six months after taking into account the maximum pension that would be admissible to them on the basis of last pay drawn by them. The concerned Administrative Department shall be responsible for ensuring that the provisional pay fixed is not likely to exceed the correct pay that may become admissible. An undertaking for refunding any amount that might be overpaid as a result of provisional fixation of pay shall be obtained from the re-employed pensioners.

 

(2)     When the pension and other retirement benefits are ultimately sanctioned to the re-employed pensioner by the competent authority, the pay shall be fixed after taking into account the pension/other forms of retirement benefits in accordance with the provisions contained in Rule 89 and he shall have no fresh claims for pensionary benefits in respect of the past periods during which he drew the same along with the provisional pay.

Rule - 94. Allowances.?

 

The drawal of various allowances and other benefits based on pay shall be regulated with reference to the pay that is fixed on reemployment. Pay for these allowances and benefits will be the pay fixed before deducting the non-ignorable part of the pension/other forms of retirement benefits.

Rule - 95. Contributory Provident Fund.?

?

Re-employed pensioner may be permitted to contribute to the Contributory Provident Fund, provided that where the term of re-employment is initially for a year or less but is later extended so as to exceed one year, the Government's contribution with interest thereon shall be credited only after the completion of one year's re-employment service. The Government contribution with interest thereon shall be payable for the entire period for which the re-employed pensioner is allowed to contribute to the Contributory Provident Fund only if such period exceeds one year.

Rule - 96. Leave and leave salary.?

 

In case of persons re-employed after retirement, the provisions contained in the Orissa Leave Rules, 1966 as amended from time to time and order issued thereon shall apply.

Rule - 97. Service gratuity/death or retirement gratuity.?

 

Re-employed pensioner shall not be eligible for any service gratuity/death or retirement gratuity for the period of re-employment except in the cases covered under Rules 30 and 91.

Rule - 98. Counting of pre-retirement civil service in the case of re-employed Government servants.?

 

(1)     A Government servant who, having retired on compensation pension or invalid pension or compensation gratuity or invalid gratuity, is re-employed and appointed to a service or post to which these rules apply may exercise option either ?

 

(a)      to continue to draw the pension or to retain the gratuity sanctioned for his earlier service, in which case his former service shall not count as qualifying service, or

 

(b)      to cease to draw his pension and refund;

 

(c)      the pension already drawn;

 

(d)      the value received for the commutation of a part of pension; and

 

(e)      the amount of retirement gratuity including service gratuity, if any, and count the previous service as qualifying service;

Provided that -

(f)       the pension drawn prior to the date of re-employment shall not be required to be refunded;

(g)      the element of pension which was ignored for fixation of his pay including the element of pensions which was not taken into account for fixation of pay shall be refunded by him.

 

(h)     the element of commuted part of pension, if any, which was taken into account for fixation of his pay shall be set off against the amount of death/retirement gratuity and the commuted value of pension and the balance, if any, shall be refunded by him.

 

Explanation - In this Sub-clause, the expression 'which was taken into account' means the amount of pension including the other forms of retirement benefits by which pay of the Government servant was reduced on initial re-employment and the expression "which was not taken into account" shall be construed accordingly.

 

(2)     The authority issuing the order of re-employment to a service or post as is referred to in Sub-rule (1) shall alongwith such order require in writing the Government servant to exercise the option under that sub-rule within three months of the date of issue of such order, or if he is on leave on that day, within three months of his return from leave, whichever is later and also bring to his notice the provisions of Clause (b).

 

(3)     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).

 

(4)     In the case of a Government servant who opts for Clause (a) of Sub-rule (1) the pension or gratuity admissible for his subsequent service is subject to the limitation that service gratuity or the capital value of the pension and death/retirement gratuity, if any, shall not be greater than the difference between the value of the pension and death/retirement gratuity, if any, that would be admissible at the time of Government servant's final retirement if the two periods of service were combined and the value of retirement benefits already granted to him for the previous service.

 

(5)     The capital value of pension shall be calculated in accordance with ; the commutation table applicable at the time of the second or final retirement.

 

(6)     A Government servant who opts for Clause (b) of Sub-rule (1) shall be required to refund the gratuity received in respect of his earlier service in monthly instalments not exceeding thirty-six in number, the first instalment beginning from the month showing the month in which he has exercised the option.

 

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

 

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

Rule - 99. Commercial employment after retirement.?

 

(1)     If a pensioner who immediately before his retirement was a Gazetted Government servant wishes to accept any commercial employment under any organisation/institution, etc., other than Government before the expiry of two years from the date of his retirement, he shall obtain the previous sanction of the Government to such acceptance by submitting an application in Form 24 :

 

Provided that a Government servant who was permitted by Government to take up any commercial employment during his leave preparatory to retirement or during refused leave shall not be required to obtain subsequent permission for such employment after retirement.

 

(2)     Subject to the provisions of Sub-rule (3), the Government may, by order in writing, on the application made under Sub-rule (1) by a pensioner, grant, subject to such conditions, if any, as it may deem necessary, permit or refuse for reasons to be recorded in the order, accord permission to such pensioner to take up the commercial employment specified in the application.

 

(3)     In granting or refusing permission under Sub-rule (2) to a pensioner for taking up any commercial employment, the Government shall have regard to the following factors, namely :

 

(a)      the nature of the employment proposed to be taken up and the antecedents of the employer;

 

(b)      whether his duties in the employment which he proposes to take up might be such as to bring him into conflict with Government;

 

(c)      whether the pensioner while in service had any such dealing with the employer under whom he proposes to seek employment as it might afford a reasonable basis for the suspicion that such pensioner had shown favours to such employer;

 

(d)      whether the duties of the commercial employment proposed involve liaison or contract work with Government Departments;

 

(e)      whether his commercial duties will be such that this previous official position or knowledge or experience under Government could be used to give the proposed employer an unfair advantage;

 

(f)       the emoluments offered by the proposed employer; and

 

(g)      other relevant factors; if any;

 

(4)     Where within a period of sixty days of the date of receipt of an application under Sub-rule (3) the Government does not refuse to grant the permission applied for or does not communicate the refusal to the applicant, it shall be deemed that Government to have granted the permission applied for;

 

Provided that in any cases where defective or insufficient information is furnished by the applicant and it becomes necessary for Government to seek further clarification and/or information from him, the period of sixty days shall be counted from the date on which the defects have been removed and/or complete information has been furnished by the applicant.

 

(5)     Where Government grants the permission applied for subject to any conditions or refuses such permission, the applicant may, within thirty days of the receipt of the order of the Government to that effect make a representation against any such condition or refusal and the Government may make such order thereon as it deems fit :

 

Provided that no order other than order cancelling such condition or granting such permission without any conditions shall be made under this Sub-rule without giving the pensioner making the representation an opportunity to show cause against the order proposed to be made.

 

(6)     If any pensioner takes up any commercial employment at any time before the expiry of two years from the date of his retirement without the prior permission of the Government or commits a breach of any condition subject to which permission to take up any commercial employment has been granted to him under this Rule, it shall be competent for the Government to declare by order in writing and for reasons to be referred therein that he shall not be entitled to the whole or such part of the pension and for such period as may be specified in the order :

 

Provided that no such order shall be made without giving the pensioner concerned an opportunity of showing cause against such declaration :

 

Provided further that in making any order under this sub-rule, the Government shall have regard to the following factors, namely:

 

(7)     the financial circumstances of the pensioner concerned;

 

(8)     the nature of; and the emoluments from, the commercial employment taken up by the pensioners concerned; and

 

(9)     other relevant factors, if any.

 

(10)   Every order passed by the Government under this Rule shall be communicated to the pensioner concerned.

 

(11)   In this Rule ?

 

(a)      the expression "Commercial Employment" means ?

 

(b)      an employment in any capacity including that of an agent under a company, Co-operative society, firm or individual engaged in trading, commercial, industrial, financial or professional business and includes also a directorship of such company and partnership of such firm but does not include employment under a body corporate, wholly or substantially owned or controlled by the State Government or any other State Government or the Central Government.

 

(c)      setting up practice, either independently or as a partner of a firm, as adviser or consultant in matters in respect of which the pensioner ?

 

(d)      has no professional qualifications and the matters in respect of which the practice is to be set up or is carried on are relatable to his official knowledge or experience; or

 

(e)      has professional qualifications but the matters in respect of which such practice is to be set up are such as are likely to give his clients an unfair advantage by reason of his previous official position; or

 

(f)       has to undertake work involving liaison or contract with the offices or officers of the Government.

 

Explanation - For the purpose of this clause, the expression "employment under a Co-operative society" includes the holding of any office, whether elective or otherwise, such as that of President, Chairman, Manager, Secretary, Treasurer and the like, by whatever name called in such society.

(g)      the expression 'date of retirement' in relation to a Government servant re-employed after retirement without any break, either in the same or in another Gazetted post under the State Government or in any other equivalent post under the Government of India or any other State Government means the date on which such Government servant finally ceases to be so employed in Government service.

Rule - 100. Employment after retirement under a Government outside India.?

?

If a pensioner wishes to accept any employment under any Government outside India, he shall obey the previous permission of the State Government for such acceptance and no pension shall be payable to the pensioner who accepts such an employment without proper permission in respect of any period for which he is so employed or for such longer period as the Government may direct :

 

Provided that a Government servant who was permitted by the State Government to take up a partial form of employment under any Government outside India during his leave preparatory to retirement, shall not be required to obtain subsequent permission for his continuance in such employment after retirement.

 

Explanation - For the purposes of these rules, the expression 'Employment under any Government outside India' includes employment under a local authority or corporation or any other institution or Organisation which functions under the supervision or control of a foreign Government outside India, or employment under an international Organisation in which the Government of India is not a member.

CHAPTER-XIII

Extraordinary Pension

Rule - 101. Applicability.?

 

The Rules in this chapter shall apply to all persons other than those to whom the Workmen's Compensation Act, 1923 (VIII of 1923), applies whether their appointment is permanent or temporary, on the scale of pay or piece-work rates who are under the Rule making control of the State Government, and

Who entered or enter service under the State Government on or after the 1st April, 1936, or

 

Who having entered such service before 1st April, 1936, did not hold a lien or a suspended lien or permanent post on that date.

 

Note - No award shall be made under these Rules in respect of a Civilian Officer who is deputed on foreign service under U.N. bodies on or after 1st January, 1958, and who is allowed to join the U.N. Joint Staff Pension Fund as an 'Associate Member'.

Rule - 102. Terms defined for extraordinary pension.?

 

For the purposes of these Rules, unless there is anything repugnant in the subject or context-

 

(a)      'Accident' means ?

 

(b)      a sudden and unavoidable mishap; or

 

(c)      a mishap due to an act of devotion to duty in an emergency arising otherwise than by violence out of and in the course of service.

 

(d)      'Date of Injury' means-

 

(e)      in the case of accident or violence, the actual date on which the injury is caused or such date, not being later than the date of the report of the Medical Board, as the State Government may fix; and

 

(f)       in the case of disease, the date on which the Medical Board reports or such earlier date as may be fixed by the State Government with due regard to the opinion of the Medical Board;

 

(g)      'Injury' means -an injury as is mentioned in Schedule I, Permanent/Total Disablement shall be deemed to result from every injury specified in Part I of Schedule I or from any combination of injuries specified in Part II of that schedule where the aggregate percentage of loss of earning capacity (percentage of disability) amounts to cent per cent or more. Every injury specified in Part II of Schedule I shall be made to result in Permanent Partial Disablement;

 

(h)     'Disease' means a disease as is mentioned in Schedule I-A.

 

(i)       'Emoluments' means the emoluments specified in Rule 48;

 

Provided that in the case of a pension remunerated by piece-work rates, emoluments means the average earnings of the last six months with the date of his death or injury;

 

(j)       'Violence' means the act of person who inflicts an injury on a Government servant-

 

(k)      by assaulting or resisting him in the discharge of his duties, or in order to deter or prevent him from performing his duties, or

 

(l)       because of anything done or attempted to be done by such Government servant or by any other public servant in the lawful discharge of his duty as such, or

 

(m)    because of his official position.

Rule - 103. Disablement due to Government service.?

 

(1)     Disablement shall be accepted as due to Government service provided that it is certified that the wound, injury or disease which ?

 

(2)     is attributable to Government service, or

 

(3)     existed before or arose during Government service and has been and remains aggravated thereby.

 

(4)     Death shall be accepted as due to Government service provided it is certified that it was due to or hastened by ?

 

(5)     a wound, injury or disease which was attributable to Government service, or

 

(6)     the aggravation by Government service of a wound, injury or disease which existed before or arose during Government service.

 

(7)     There shall be a casual connection between ?

 

(8)     disablement and Government service, and

 

(9)     death and Government service, for attributability or aggravation to be concerned.

 

Explanation - It will be seen from the Forms 27, 28 and 29 that these forms of medical certificates have been so designated that they would indicate whether the entitlement criteria laid down in Rule 103 have been satisfied or not and therefore, normally, no other separate certificates in, that behalf may be necessary. It is essential for Government to be satisfied that the death/disability is, in fact, attributable to or aggravated by the Government service which alone makes an Extraordinary. Pension Award admissible and for that purpose, it is essential for the authority to satisfy himself in that behalf and certify the nexus and casual connection between disablement and Government service or between death and Government service, as the case may be, in any particular case, as laid down in Rule 103 on the basis of the medical and other documents regarding the case. If a Government servant has died in such circumstances and that a medical report could not be secured, even then, the nexus and the casual connection between death and Government service has to be established before conceding acceptance of death due to Government service.

(3) Notwithstanding anything contained in these Rules, these Rules, the degree of default or contributory negligence on the part of a Government servant may be taken into consideration in making an award under these Rules in favour of such Government servant, but shall not be taken into account where such award is made in favour of the family of such Government servant.

Power of Government to sanction extraordinary pension

Rule - 104.

 

No award shall be made under this Chapter except with the sanction of the Government.

Rule - 105.

 

All awards shall be made in Rupees in India unless the payee resides permanently, and desires payment to be made in a country in which the rupee is not legal tender. In the latter case the amount of the award shall be paid at the exchange rate.

Rule - 106. Effect on any pension.?

 

Except as otherwise provided in this Chapter an award made under this Chapter shall not affect any other pension or gratuity for which the Government servant concerned or his family may be eligible under any other Rules for the time being in force, and the pension granted under this Chapter shall not be taken into account in fixing the pay of pensioner in his continued employment or re-employed in Government service.

Rule - 107. No award shall be made in respect of.?

 

(i)       An injury sustained more than five years before the date of application, or

 

(ii)      death which occurred more than seven years ?

 

(iii)     after the injury due to violence or accident was sustained, or

 

(iv)    after the Government servant was medically reported as unfit for duty on account of the disease of which he died.

Rule - 108. Percentage of disability.?

 

(1)     The percentage of disability due to an injury or injuries shall be such as specified in Schedule I or failing that, as certified by the Medical Authority concerned.

 

(2)     The percentage of disability due to a disease or diseases specified in Schedule l-A, shall be as certified by the Medical Authority.

Rule - 109. Disability pension.?

 

(1)     When disablement of a Government servant is concerned as due to Government service in terms of Rule 103, he, shall be awarded a disability pension in accordance with the percentage of disability suffered by him as certified by the Medical Authority concerned.

 

(2)     Disability pension for 100% disability shall be allowed at the following rates if the Government servant is boarded out of Government service on account of his disability-

 

 

In case of death of State Government employees having the pay scale as prescribed by Government of India the maximum limit in the amount of disability pension shall be Rs. 1,250 per month.

 

(3)     For lower percentage of disability the monthly disability pension shall be proportionally lower as at present provided that where permanent disability is not less than 60% the total pension (i.e. pension or service gratuity admissible under the ordinary Pension Rules plus disability pension under Extraordinary Pension Rules) shall not be less than 60% of basic pay subject to a maximum of Rs. 600 and maximum of Rs. 1430/-.

 

Note - The minima and maxima given above are applicable only for arriving at the monthly disability pension for cent per cent disability and are not applicable in respect of percentage of disability lower than 100%. For example of the disability is only 80% the disability pension shall be 80/100 of the pension specified in Column (2) above of Clause (a).

(4)     If the employee held pensionable post and is invalided/ boarded out of service as a result of disability attributable to service after rendering ten years service he shall be given apart from the normal invalid pension, the amount of disability pension as is admissible under these Rules, subject to the condition that the sum total of the invalid pension plus the disability pension shall not be less than the widow's (family) pension under the Rules in this Chapter.

 

(5)     If the employee eligible for disability pension under the Rules in this Chapter is invalided/boarded out from service before putting in ten years service, he does not get any invalid pension but gets only service gratuity. Apart from such gratuity, he shall be given such amount of disability pension as is admissible under the Rules in this Chapter subject to the condition that the sum-total of the pension equivalent of such gratuity plus the disability pension as is admissible shall not be less than the widow's (family) pension under the Rules in this Chapter.

 

(6)     If the Government servant is retained in service in spite of such disablement, he shall be paid a compensation in lumpsum (in lieu of the disability pension) on the basis of the disability pension admissible to him in accordance with the provision of Sub-rule (2), by arriving at the capitalised value of such disability pension with reference to the Commutation Table, in force from time to time.

Rule - 110. Extraordinary family pension.?

 

When death of a Government servant is concerned as due to Government servant in terms of Rule 103, his widow and children shall be awarded pensionary benefits at the following rates irrespective of the period whether the deceased Government servant had completed 7 years of service or not, namely :

Note - If a Government servant dies leaving behind two or more widows, the pension admissible under the Rules in this Chapter, to the widow shall be divided equally among all the widows.

Rule - 111. Grant of extraordinary family pension when no widow or child exists.?

 

(1)     If the deceased Government servant has left neither a widow nor a child, an award may be made to his father and his mother individually, or jointly and in the absence of the father and the mother to minor brothers and sisters, individually or collectively, if they are in pecuniary need :

 

Provided that the total amount of the awards shall not exceed one half of the pension that would have been admissible to the widow under Rule 110.

 

(2)     Any award made under Sub-rule (1), will, in the event of an improvement in the pecuniary circumstances of the pensioner, be subject to review in such manner as the Government may by order prescribe.

 

Note - If any of the widows, children, father, mother, minor brothers or sisters is denied any share in the property of the Government servant under a Will or deed made by him, such person shall be ineligible to receive any award under Sub-rule (1) and the benefit will pass on to the next person eligible.

Rule - 112. Period of tenability of extraordinary family pension.?

 

(1)     A family pension will take effect from the day following the death of the Government servant or from such other date as the Government may decide.

 

(2)     A family pension will ordinarily be payable ?

 

(a)      in the case of a widow or mother until death or re-marriage whichever occurs earlier;

 

(b)      in the case of a son or brother, until he attains the age of twenty-five years or he starts earning of his livelihood whichever is earlier;

 

(c)      in the case of an unmarried daughter or sister, until she attains the age of twenty-five years or until she gets married or until she starts earning her livelihood whichever is earliest;

 

(d)      in the case of a father for life.

 

Note - (1) The family pension of a widow will cease on re-marriage; but when such re-marriage is annulled by divorce, desertion or death of the second husband, her pension may be restored upon proof that she is in necessitous circumstances and otherwise deserving.

(2) Notwithstanding anything contained in Clause (i) of Sub-rule (2) of Rule 112 a widow of an employee who re-marries her deceased husband's brother and continues to live a communal life with, or contributes to the support of the other dependents of the deceased, shall not be disqualified for the grant of extraordinary pension, otherwise admissible to her under the Rules of this Chapter.

Rule - 113. Procedure for grant of extraordinary pension.?

 

(1)     All awards made under the Rules in this chapter are subject to the procedure meant for sanction of ordinary pensions for the time being in force, subject to the condition that such procedural rules are not inconsistent with the Rules in this Chapter.

 

(2)     When a claim for any disability pension or family pensionaries, i.e. Head of Office or the Head of the Department in which the injured or the deceased Government servant was employed will forward the claim through the usual channel to the Government with the following documents;

 

(i)       A full statement of circumstances in which the injury was received, the disease was contracted or the death occurred;

 

(ii)      The application for disability pension in Form-25, or, as the case may be, the application for family pension in Form 26;

 

(iii)     .In case of an injury made a Government servant or one who has contracted a disease a medical report to be made in Form 27;

 

(3)     Where the Government are satisfied on the evidence placed before them by a Government servant in respect of whom a medical report for the purpose of grant of disability or other extraordinary pension has been received by them or the possibility of an error of judgement in the decision of the Medical Board which examined him, the Government may direct a second Medical Board consisting of members other than those who constituted the first Medical Board to examine the officer and submit a report to the Government in the matter and thereafter the pension shall be granted to the Officer in accordance with the decision of the second Medical Board.

CHAPTER-XIV

Miscellaneous

Rule - 114. Power to relax.?

 

Where the Governor is satisfied that the operation of any of the provisions of these Rules causes undue hardship in any particular case, he may, by order, for reasons to be recorded in writing, dispense with or relax the requirements of the said provision to such extent and subject to such conditions as he may consider necessary for dealing with the case in a just and equitable manner :

 

Provided that no such order of relaxation shall be made except with the prior consultation of the Finance Department.

Rule - 115. Interpretation.?

 

Where any doubt arises as to the interpretation of these Rules, it shall be referred to the Government in the Finance Department for decision.

Rule - 116. Repeal and saving.?

 

(1)     On the commencement of these Rules, the Orissa Pension Rules, 1977, and orders including Office Memorandum issued thereunder and in force immediately before such commencement shall cease to operate.

 

(2)     Notwithstanding such cessation ?

 

(a)      every nomination for the payment of death/retirement gratuity including every form regarding the details of family of a Government servant for the purpose of family pension, which a Government servant had made or given under the so repealed rules, and

 

(b)      executive instructions issued in the form of Office Memorandum or Resolution indicating the general procedure meant for expeditious disposal of pension cases which are not inconsistent with these rules, shall be deemed to have been made given or issued, as the case may be, under the corresponding provisions of these rules;

 

(c)      any nomination for the payment of death/retirement gratuity, any form regarding the details of family of a Government servant for the purpose of family pension or any formal application for the sanction of pension, required to be made or given by a Government servant under the old rules but not made or given before the commencement of these rules shall be made or given after such commencement in accordance with the provisions of these rules;

 

(d)      any case which pertains to the sanction of pension to a Government servant who had retired before the commencement of these rules and is pending before such commencement shall be disposed of in accordance with the provisions of the old rules as if these rules had not been made;

 

(e)      any case which pertains to the sanction of death/retirement gratuity and family pension to the family of a deceased Government servant or of a deceased pensioner and is pending before the commencement of these Rules shall be disposed of in accordance with the provisions of the old rules as if these rules had not been made;

 

(f)       subject to the provisions of Clauses (c) and (d) anything done or any action taken under the old Rules so ceased shall be deemed to have been done or taken under the corresponding provisions of these Rules.

Rule - 117. Removal of doubts.?

 

If any doubt or difficulty arises in giving effect to the provisions of these Rules, the State Government in the Finance Department may, as occasion may require by order, do anything not inconsistent with the provisions of these rules, who appears to them necessary for the purpose of removing the doubts of difficulty :

 

Provided that no such order shall be issued under this Rule after expiration of a period of five years from the date of commencement of these rules.

 

O.C.S. (Pension) Form - 1

[See Rule 57 (2)]

 

List of Government servants employed in the Office/Department.......................as on the 1st January........1st July who are due to retire between 1st January..........to the 30th June............./1st July to the 31st December (To be sent to the Accountant-General, Orissa, Bhubaneswar/Appointing authority, Administrative Department concerned /Director of Treasuries and Inspection, Orissa, Bhubaneswar/ Estate Officer or the competent following authority in case the Government servant is an allotted of Government accommodation, by the 31st January/31st July at the latest.)

 

O.C.S. (Pension) Form - 2

[See Note (3) below Sub-rule (2) of Rule 39]

Form of Medical Certificate

 

Certified that *I/We have carefully examined Sri/Srimati................/son/daughter of Shri I..........in the.................................Department/Office. His age by his/her own statement is...........................years, t id by appearance about.......years. I/We consider Shri/Shrimati to be completely and permanently incapacitated for further service of any kind in the Department/Office to which he/she belongs in consequence of............there state disease or cause.

(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 Shri/Shrimati.............................is fit for further service of a less laborious character than which he had been doing/may, after resting for...............months, be fit for further service of less laborious character than that which he had been doing.

Medical Authority

Place :................

Dated the..............

Strike out whichever is not applicable.

 

O.C.S. (Pension) Form - 3

[See Rule 63]

Nomination for death or retirement gratuity

 

When the Government servant has a family and wishes to nominate one member, or more than one member, thereof.

 

I..................hereby nominate the person/persons mentioned below who is/are member(s) of my family and confer on him/them the right to receive, to the extent specified below, any gratuity the payment of which may be authorised by the State Government in the event of my death while in service and the right to receive on my death, to the extent specified below, any gratuity which having become admissible to me on retirement may remain unpaid at my death -

This column should be filled in so as to cover the whole amount of the gratuity.

The amount/share of the gratuity shown in this column should cover the whole amount/share payable to the original nominee(s).

 

This nomination supersedes the nomination made by me earlier on which stands cancelled.

 

Note - (i) The Government shall draw lines across the blank space below the last entry to prevent the insertion of any name after he has signed.

(ii) Strike out which is not applicable.

Dated this..............day................of..............20......at....

Two witnesses to signature

1

2.

Signature of Government servant

(To be filled by the Head of office)

Proforma for acknowledging the receipt of the nomination form by the Head of Office

To,

........................................
........................................

Sir,

In acknowledging, the receipt of your nomination, dated...............the cancellation dated the ...............made earlier in respect of gratuity in Form I am to state that it has been duly placed on record.

Note - The Government servant is advised that it would be in the interest of his nominees if copies of the nominations and the related notices and acknowledgments are kept in safe custody so that they may come into the possession of the beneficiaries in the event of his death.

O.C. S. (Pension) Form - 4

[See Rule 53]

Nomination for death or retirement gratuity

 

When the Government servant has no family, and wishes to nominate one person or more than one person.

 

I................................ having no family, hereby nominate the person/persons mentioned below and confer on him/them the right to receive, to the extent specified below, and gratuity the payment of which may be authorised by the State Government in the event of death while in service and the right to receive on my death, to the extent specified below, any gratuity, which having become admissible to me on retirement may remain unpaid at my death.

This nomination supersedes the nomination made by me earlier on ...................which stands cancelled.

Note - (i) The Government shall draw lines across the blank space below the last entry to prevent the insertion of any name after he has signed.

This column should be filled in so as to cover the whole amount of the gratuity.

The amount/share of the gratuity shown in this column should cover the whole amount/share payable to the original nominee(s).

(ii) Strike out which is not applicable.

Dated this.............day of.............20.............at.............

Two witnesses to signature :

1.

2.

Signature of Government servant

(To be filled by the Head of office)

Proforma for acknowledging the receipt of the nomination form by the Head of Office.

To

..................................

..................................

Sir,

In acknowledging the receipt of your nomination, dated the.............../cancellation dated the.........of the nomination made earlier in respect of gratuity in Form.......................I am to state that it has been duly placed on record.

Note - The Government servant is advised that it would be in the interest of his nominee copies of the nominations and the related notices and acknowledgments are kept in safe custody so that they may come into the possession of the beneficiaries in the event of his death.

O.C. S. (Pension) Form - 5

[See Rule 56 (15)]

Details of family

Name of the Government servant :

Designation :

Date of birth :

Date of appointment :

Details of the members of my family* as on.................

I hereby undertake to keep the above particulars up-to-date by notifying to the Head of Office any addition or alteration.

Place................

Date.........

Signature of Government servant

 

Family for this purpose means family as defined in Clause (b) of Sub-rule (17) of Rule 56 of the Orissa Civil Services (Pension) Rules, 1992.

 

Note - Wife and husband shall include respectively judicially separated wife and husband.

 

[O.C.S. (Pension) Form - 5-A

[See Rule 70-A]

Declaration of the retiring Government servant

 

I do hereby give my free and full consent that if any over-payment made to me is detected while in service or after my retirement in respect of my General Provident Fund Account or on account of Gratuity, Pension and Temporary Increase on pension etc., the same shall be recovered from my pay and allowances/leave salary/General Provident Fund/Pension/Commuted Value of Pension/Temporary-Increase on Pension/Interim Relief or Gratuity etc., payable to me or to my family at any time.]

 

O.C.S. (Pension) Form - 6

[See Rules 58 (2) and 62]

Particulars of the retiring Government servant

 

1.        Name and designation :

 

2.        Date of birth :

 

3.        Date of retirement :

 

4.        Two specimen Signatures (to be furnished in a separate sheet) duly attested by a Gazetted Government servant.

 

5.        Three copies of passport size joint photograph with wife or husband (to be attested by the Head of Office).

 

6.        Two slips showing the particulars of height and personal identification marks duly attested by a Gazetted Government servant.

 

7.        Present address :

 

8.        Address after retirement :

 

9.        Name of the Treasury through which the pension is to be drawn;

 

10.     Details of the family in form 3 :

 

11.     Indicate whether family pension is admissible from any other source-Military or other State Government/Government of India/ or a Public Sector Undertaking/Autonomous body/Local Fund under the State Government/Government of India/or other State Government.

 

Two slips each bearing the left hand thumb and finger impressions duly attested by a Gazetted Government servant may be furnished to a person who is not literate enough to sign his name. If such a Government servant on account of physical disability is unable to give left hand thumb and finger impressions he may give thumb and finger impressions of the right hand. Where a Government servant has lost both hands, he may give his impressions. Impressions should be duly attested by a Gazetted Government servant.

 

(i) Two copies of the passport size photograph of self only need be furnished;

 

(ii) If the Government servant is unmarried/or a widower or a widow;

 

(iii) Where it is not possible for a Government servant to submit photograph with his wife or her husband he or she may submit separate photographs. The photographs shall be attested by the Head of Office.

 

Specify a few conspicuous marks, not less than two, possible.

Any subsequent change of address should be notified to the Head of Office

Place :...

Signature and Designation of the Head of Office

Date .........

 

O.C.S. (Pension) Form - 7

[See Rules 58 (1) and 61, 62 (1), 62 (2)(i) and 64]

Particular for preparing pension papers

(To be sent in duplicate if payment is desired in a different circle of accounting unit)

Part-I

1.        Name of the Government servant

 

2.        Father's name (and also husband's name in the case of female Government servant)

 

3.        Date of birth (by Christian Era)

 

4.        Religion

 

5.        Permanent address

 

6.        Present or last appointment including name of establishment

 

7.        Class of pension applicable

 

8.        Total period of military service for which pension or gratuity was sanctioned

 

9.        Amount and nature of any pension/gratuity received for the military service.

 

10.     Amount and nature of any pension/gratuity received for previous civil service.

 

11.     Government under which service has been rendered in order of employment

Y       M       D

12.     Date of beginning of service

 

13.     Date of ending of service

 

14.     Length of gross service

Y       M       D

15.     Period of non-qualifying service

(I + II + III + IV)

 

16.     Interruption in service condoned

From             To

 

17.     Extraordinary leave not qualifying for pension

 

18.     Period of suspension not related as qualifying service

 

19.     Any other service not treated as qualifying service

 

20.     Addition to qualifying service under Rules 32, 41, 42

 

21.     Total qualifying service

(13 + 15 - 14)

 

22.     Emoluments in terms of Rule 48

 

23.     Proposed amount of pension/service gratuity

 

24.     Proposed amount of retirement gratuity

 

25.     Proposed amount of family pension

 

26.     Before attaining 65 years

 

27.     After attaining 65 years.

 

28.     Outstanding Government dues for recovery from gratuity-

 

29.     Licence fee for Government accommodation

 

30.     Balance of house building, conveyance or other advance with interest

 

31.     Over-payment of pay and allowances including leave salary

 

32.     Any other assessed dues and the nature thereof

 

33.     Amount held from gratuity pending assessment of any of the above Government dues.

 

34.     Date from which pension is to commence

 

35.     Place of payment (Name of Treasury/ Special Treasury/ Sub-Treasury)

 

36.     Head of account to which pension and gratuity

 

37.     Signature of the Head of Office with designation

 

Part ? II

 

Sanction is hereby accorded in favour of Shri/Smt./Kumari..............(Name with designation) in the Dept. /Office........for payment of pension/service gratuity/retirement gratuity and in the event of death, family pension as admissible under Rules.

 

The amount of outstanding Government dues and the amount withheld as suggested in Part-1 this form shall be taken into account before authorising pensionary benefits by the Accountant-General Orissa.

 

Signature of the Pension sanctioning

Authority with designation

 

Part-III

Account enfacement by the Accountant-General, Orissa

 

1.        Name of Government servant

 

2.        Class of pension

 

3.        Gross service admitted

 

1.        Admitted non-qualifying service

 

4.        Admitted qualifying service

 

5.        Addition to qualifying service

 

6.        Admitted amount of pension/service gratuity

 

7.        Admitted amount of retirement gratuity

 

8.        Admitted amount of family pension

 

9.        Before attaining 65 years

 

10.     After attaining 65 years

 

11.     Amount of outstanding Government dues recovered from gratuity

 

12.     Amount withheld from gratuity pending assessment of Government dues

 

13.     Date of commencement of pension

 

14.     Head of account to which pensionary benefits are debitable

 

15.     Accounts Officer

 

O.C.S. (Pension) Form-8

Pension calculation sheet

[See Rule 62 (3)]

 

1.        Name of Government servant

 

2.        Present or last appointment including name of establishment

 

3.        Date of birth (by Christian era) (in figures and words)

 

4.        Date of beginning of service

 

5.        Date of superannuation/retirement

 

6.        Length of gross service

Y       M       D

7.        Total non-qualifying service

 

8.        Qualifying service

 

9.        Addition to qualifying service

 

10.     Total qualifying service

 

11.     Emoluments for pensionary gratuity

 

12.     Amount of pension/service gratuity

 

13.     Amount of retirement gratuity

 

14.     Amount of family pension

 

15.     Before 65 years

 

16.     After 65 years

 

17.     Details of commutation of pension-

 

18.     Amount of monthly pension commuted

 

19.     Amount of commuted value

 

20.     Outstanding Government dues adjusted from gratuity

 

21.     Amount withheld from gratuity pending assessment of Government dues

Countersigned

Accounts Officer

O.C. S. (Pension) Form - 9

[See Rule 62(2)]

Information to Accountant-General forwarding the pension papers of retiring Government servant

 

No.................................

Government of Orissa

Department/Office

Dated ...........

To

The Accountant-General, Orissa, Bhubaneswar.

Subject - Forwarding of pension papers Sir,

I am directed to forward herewith the pension papers of Shri/ Smt./Kumari.................... (Name and designation) in the Department/Office...........as per the details given below for further necessary action.

 

2. The following outstanding Government dues are to be recovered from the retirement gratuity and adjusted.

3. Pending assessment any of the above outstanding Government dues, if any necessary amount as required under Rule 65(4) shall be withheld from retirement gratuity.

 

4. The fact of authorisation of pensionary benefits has to be intimated to this Office/Department.

Yours faithfully

Signature of the Pension Sanctioning

Authority with designation

 

Memo No.............../ Dated...........

Copy forwarded to Shri/Smt./Kumari ........................(Name with designation) for information and necessary action.

Signature of Pension Sanctioning authority with designation

Memo No....................................

Dated.................

Copy forwarded to the (Head of Office) for information and necessary action.

Signature of Pension Sanctioning Authority with designation

 

O.C. S. (Pension) Form - 10

[See Rule 72 (2)(b)]

Information to the member or members of the family of deceased Government servant where valid nomination for the grant of the death gratuity exits

 

No.............

Government of Orissa..............

Office/Department..............

Dated the.............

To

...............................

...............................

Subject - Payment of death gratuity in respect of the late Sri/ Srimati..................................

Sir/Madam,

I am directed to state that in terms of the nomination made by late Shri/Smt..............(Designation) in the Office/Department of a death gratuity is payable to his/her nominee(s). A copy of the said nomination is enclosed herewith.

2. I am to request that a claim for the grant of gratuity may be submitted by you in the enclosed Form 12.

3. Should any contingency have happened since the date of making the nomination, so as to render the nomination invalid, in whole or in part, precise details of the contingency may kindly be stated.

Yours faithfully,

Head of Office

 

O.C. S. (Pension) Form -11

[See Rule 72(2)]

Information to the member or members of the family of a deceased Government servant where valid nomination for the grant of the death gratuity does not exist

 

No..............

Government of Orissa

Office/Department of...............

Dated the..............

To

...............................

...............................

Subject - Payment of death gratuity in respect of the late Shri/Smt.......................................................................

Sir/Madam,

I am directed to say that in terms of Rule 49 of the Orissa Civil Services (Pension) Rules, 1992 a death gratuity is payable to the following members of the family of late Shri/Smt.....................(Designation) in the Office/Department of in equal shares :

2. In the event of three being no surviving member of the family as indicated above, the gratuity will be payable to the following members of the family in equal shares :

 

3. It is requested that a claim for the payment of gratuity may be submitted in the enclosed Form 12 as soon as possible.

Yours faithfully,

Head Of Office

 

O.C.S. (Pension) Form -12

[See Rule 72 (2)]

Application for grant of death gratuity on the death of a Government servant

 

(To be filled in separately by each claimant and in case the claimant is minor, the Form should be filled by the guardian on his/her behalf. Where there are more than one minor, the guardian should claim gratuity in one Form on their behalf.)

 

1.        Name of the claimant in case he is not minor

 

2.        Date of birth of the claimant

 

3.        Name of the guardian in case the claimants are minors

 

4.        Date of birth of the guardian

 

5.        Name of the deceased Government servant in respect of whom gratuity is being claimed

 

6.        Date of death of Government servant

 

7.        Office/Department in which the deceased served last

 

8.        Relationship of the claimant/guardian with the deceased Government servant

 

9.        Full Postal Address of the claimant/guardian

 

10.     Where gratuity is claimed by the guardian on behalf of minors, the name of the minors, their age, relationship with the deceased Government servant, etc."

11.     Relationship of the guardian with minor

 

12.     Name of the Treasury or Sub-Treasury or Special Treasury at which payment is desired

 

13.     Signature/Thumb impression of the claimant/guardian

 

14.     Two specimen signatures * or left hand thumb and finger impressions of the claimant/guardian duly attested.

 

15.     (To be furnished in a separate sheet)

 

16.     ** Attested by

 

17.     Witnesses ?

 

To be furnished in case the applicant is not literate enough to sign his name.

Attestation should be done by two Gazetted Government servants or two or more persons of respectability in the village or Pragana in which the applicant resides.

 

O.C. S. (Pension) Form -13

[See Rule 72 (3)]

Information to the widow/widower of a deceased Government servant for grant of family pension

No................................

Government of Orissa

Office/Department of..............

Dated the.........................

To

...............................

...............................

...............................

Subject - Payment of family pension in respect of Shri/Smt Sir/Madam....................

I am directed to say that in terms of Rule 56 of the Orissa Civil Services (Pension) Rules, 1992 a family pension is payable to you as widow/widower of the late Shri/Shrimati.........................(Designation) in the Office/Department of .......................

2. You are advised that a claim for the grant of family pension may be submitted in the enclosed Form 14.

3. The family pension will be payable till your death or remarriage, whenever event occurred earlier. In the event of your death or re-marriage, the family pension shall be granted to the children, if any, through the guardian.

Yours faithfully,

Head of Office

 

O.C. S. (Pension) Form - 14

[See Rule 72(3) and 80(2)]

Application for grant of family pension on the death of a Government servant/pensioner

 

1.        Name of the applicant

 

2.        Widow/Widower

 

3.        Guardian, if the deceased person is survived by child or children.

 

4.        Name and age of surviving widow/widower and children of the deceased Government servant/pensioner

5.        Name and No. of the P.P.O. of the deceased pensioner

 

6.        Date of death of the Government servant/ pensioner

 

7.        Office/Department in which the deceased Government servant/pensioner served last

 

8.        If the applicant is guardian, his date of birth and relationship with the deceased Government servant/ pensioner

 

9.        If the applicant is a widow/ widower the amount of service pension which she/ he may be in recept on the date of death of the husband/wife

 

10.     Full address of the applicant

 

11.     Name of the Treasury or Sub-Treasury or Special Treasury at which payment is desired

 

12.     Enclosures ?

 

13.     Two specimen signatures of the applicant, duly attested (To be furnished in two separate sheets)

 

14.     Two copies of passport size photograph of the applicant, duly attested.

 

15.     Two slips each bearing left hand thumb and finger impressions * of the applicant, duly attested.

 

16.     Descriptive Roll of the applicant, duly attested, indicating

 

17.     height and (b) personal marks, if any, on the hand, face, etc. (Specify a few conspicuous marks not less than two, if possible)

 

18.     (be furnished in duplicate)

 

19.     Certificate(s) of age (in original with two attested copies) showing the date of birth of the children. The Certificates should be from the Municipal Authorities or from the local Panchayat or from the head of a recognised school if the child is studying in such school. (This information should be furnished in respect of such child or children, the particulars of those date of birth are not available with the Head of Office).

 

20.     Indicate whether family pension is admissible from any other source - Military or any other State Government or Central Government and/or a public sector undertaking/autonomous body/local fund under the State or Central Government.

 

21.     Signature or left hand thumb impression *of the applicant

 

22.     Attested by :

 

23.     .......................................................................

 

24.     ......................................................................

 

25.     Witnesses ?

 

26.     .................................................................................

 

27.     ......................................................................

 

Note - Attestation should be done by two Gazetted Government servants or two or more persons the respectability in the town, village or pragana in which the applicant resides.

 

To be, furnished in case the applicant is not literate enough to sign his/her name.

 

In the case of remarriage of the widow while applying for family pension on behalf of the minor child the widow should furnish (i) the date of her remarriage, (ii) name of the Treasury/Sub-Treasury at which payment is desired, and (iii) her full address in the application for family pension. It is not necessary to furnish a fresh application or the 'documents as they are already available with the pension papers on which family pension was originally admitted to her.

 

[OCS (Pension) Form 14-A]

[See Rule 80(2) E (i)(ii)]

Application for the grant of family pension to the father/mother of the deceased Government servant/pensioner

 

1.        Full name and address of the Applicant

 

2.        Relationship with the deceased Government servant/pensioner

 

3.        Name and number of the P.P.O. of the deceased Pensioner.

 

4.        Date of death of Government servant/pensioner.

 

5.        Office/Department in which the deceased Government servant/pensioner served last.

 

6.        Name of the Treasury or Sub-Treasury or Special Treasury at which payment is desired.

 

7.        Enclosure to be supplied by the claimant-

 

8.        Two specimen signatures of the applicant duly attested (to be furnished in two separate sheets).

 

9.        Two copies of Passport size photographs of the applicant duly attested.

 

10.     Two slips each bearing left hand thumb and finger impressions of the Applicant duly attested.

 

11.     Attested copy of Death Certificate.

 

12.     Descriptive Roll of the applicant, duly attested indicating (a) height and (b) personal marks, if any, on the hand, face, etc.

 

13.     Whether pension/family pension is admissible from any other sources.

 

14.     Signature or left hand thumb impression* of the applicant

 

15.     Attested by ?

 

16.     Name and designation                 Full Address                 Signature with seal

 

17.     Witness :

 

To be furnished in case the applicant is not literate enough to sign his/her name.

Attestation should be done by a Gazetted Government servant or persons of responsibility (Local Sarpanch, Block Chairman, Ward Councillor, Municipal Chairman, Local M.L.A./M.P.) in the village/town in which the applicant resides.]

 

O.C.S. (Pension) Form -15

[See Rules 73(1) and 75, 77]

Form for assessing and sanctioning family pension/death gratuity in case of death while in service

(To be sent in duplicate if payment is desired in a different unit of accounting circle)

Part ? I

 

1.        Name of the deceased Government servant

 

2.        Father's name (and also husband's name in the case of female Government servant)

 

3.        Date of birth (by Christian era)

 

4.        Date of death (by Christian era)

 

5.        Religion

 

6.        Permanent address

 

7.        Last appointment including name of establishment

 

8.        (i) Total period of military service for which pension or gratuity was sanctioned.

(ii) Amount and nature of any pension, gratuity received for military service.

9.        Amount and nature of any pensionary benefit received for previous civil service-

 

(i)       Amount of pension

 

(ii)      Amount of retirement gratuity

 

(iii)     Amount of family pension

 

10.     Government under which service has been rendered in order of employment

 

11.     Date of beginning of service

 

12.     Date of ending of service

 

13.     Length of gross service

14.     Total periods of non-qualifying service

(I + II + III + IV)

 

(i)       Interruption in service condoned

 

(ii)      Extraordinary leave not qualifying for pension

 

(iii)     Period of suspension not treated as qualifying service

 

(iv)    Any other service not treated as qualifying service

 

15.     Total qualifying service (13 - 14)

 

16.     Emoluments in terms of Rule 48

 

17.     Proposed amount of family pension with period

 

18.     Proposed amount of death gratuity               Rs.

 

19.     Outstanding Government dues for recovery from death gratuity ?

 

(i)       Licence fee for Government accommodation

 

(ii)      Balance of house building, conveyance or other advance

 

(iii)     Over payment or pay and allowances including leave salary

 

(iv)    Any other assessed dues and the nature thereof

 

20.     Amount held over from gratuity pending assessment of any of the above Government dues

 

21.     Amount of provisional sanction accorded

 

(i)       Amount of family pension

 

(ii)      Amount of death gratuity

 

(iii)     Amount of outstanding Government dues out of Col. 19 recovered from provisional gratuity

 

22.     Person to whom family pension is payable-

 

(i)       Name

 

(ii)      Relationship with the deceased Government servant/ pensioner

 

(iii)     Full postal address

 

23.     (i) Name of the guardian who receive payment of family pension/death gratuity in case of minor (s)

(ii) Relation with the deceased Government servant/ pensioner

(iii) Full postal address

24.     Persons to whom death gratuity is payable when valid nomination subsists-

 

(i)       Name

 

(ii)      Relationship

 

(iii)     Amount or share of death gratuity

 

(iv)    Full postal address

 

25.     Persons to whom death gratuity is payable when valid nomination does not subsist

26.     Name of Treasury/Sub-Treasury for payment

 

27.     Head of account to which family pension/death gratuity are debitable

 

28.     Signature with designation of the Head of Office

 

Part ? II

 

Sanction is hereby accorded for payment of family pension/ death gratuity as admissible under Rule in favour of the persons mentioned at SI. Nos. 22, 23, 24, and 25 as the case maybe in Part I of this form consequent on the death of Shri/Smt./Kumari.......................(Name with designation) in the Department/Office.

 

The amount of outstanding Government dues, amount withheld from gratuity and the amount of sanction of provisional family pension/ death gratuity as suggested in Part I of this form shall be taken into account before authorising pensionary benefits by the Accountant-General, Orissa.

Signature with designation of the Pension Sanctioning Authority

 

Part-III

Account enfacement by the A.G., Orissa

 

1.        Name of deceased employee

 

2.        Date of death

 

3.        Gross service admitted

 

4.        Admitted non-qualifying service

 

5.        Admitted qualifying service

 

6.        Admitted amount of family pension with period

 

7.        Admitted amount of death gratuity

 

8.        Amount of outstanding Government dues recovered from gratuity

 

9.        Amount of provisional family pension/death gratuity to be adjusted.

 

10.     Amount withheld from death gratuity pending assessment of Government dues'

 

11.     Head of account to which pensionary benefits are to be debitable

 

Accounts Officer

 

[O.C.S. (Pension) Form - 15-A]

[See Rule 80(2) E (iii)]

Form for sanctioning family pension to the father/mother on the death of pensioner/family pensioner or on cessation of family pension

 

To

The Accountant General (A & E),

Orissa, Bhubaneswar

Sub : Grant of Family pension to the father/mother.

I am directed to say that Shri/Smt...................... was authorised for payment of pension/family pension of Rs.........with effect from..........

 

2. Intimation has been received in this Department/Office that Shri/ Smt.....................................died on..............

 

3. Sanction for grant of family pension of Rs.............per month to the father/mother is hereby accorded. The family pension will take effect from..................

 

4. Name of the Treasury/Sub-Treasury/Special Treasury for payment '

 

5. The family pension is debitable to the head...............

 

6. Attention is invited to the intimation furnished in list of enclosures.

Yours faithfully,

Pension Sanctioning Authority

List of enclosures :

 

1. Slip contains specimen signature or left hand thumb and finger impression of the claimant duly attested.................. (2 copies)

 

2. Slip containing height, personal marks of identifications of the claimant duly attested............... (2 copies)

 

3. Application for family pension in OCS (Pension) Form 14-A

 

4. Passport size photograph of the applicant in OCS (Pension) Form 14-A.

 

O.C.S. (Pension) Form -16

[See Rule 75(2)]

Form for forwarding the family pension/death gratuity papers of a deceased Government servant/pensioner to the Accountant-General

 

No.....................

Government of Orissa

Department/Office...............

Dated.....................

To

The Accountant-General, Orissa, Bhubaneswar.

Subject - Forwarding of family pension/death gratuity papers.

Sir,

I am directed to forward herewith the family pension/death gratuity papers of Shri/Smt./Kumari.........................(Name with designation) in the Deptt./Office.....................as per the details given below for further necessary action.

 

(2) The following outstanding Government dues are to be recovered from the death gratuity and adjusted ?

 

(1)     Licence fee for Government accommodation

 

(2)     Balance of house building, conveyance and other advances

 

(3)     Over-payment of pay and allowances including leave salary

 

(4)     Any other assessed Government dues.

 

3. The payment of provisional family pension/death gratuity sanction of which was communicated to the Accountant-General, Orissa, Bhubaneswar in this Department/Office Memo No.............dated........shall be adjusted from the final payment.

4. Pending assessment any of the above outstanding Government dues, if any, necessary amount as required under Rule 78(1)(vi) shall be withheld from death gratuity.

 

5. The fact of authorisation of pensionary benefits has to be intimated to this Department/Office.

 

Yours faithfully

Signature with designation

Pension Sanctioning Authority

List of Enclosures

Memo No....................

Dated...................

Copy forwarded to Shri/Smt................[claimants in O.C.S. (Pension) Form Nos. 14 and 12]...................... (Head of Office) for information and necessary action.

Signature and designation of pension Sanctioning Authority

 

O.C. S. (Pension) Form -17

[See Rules 65 (4) and 76(1)]

Form for sanctioning provisional pension, family pension and gratuity

 

Space for

Photograph*

Sanction is hereby accorded for payment of provisional ** pension family pension and gratuity as indicated below in favour of Shri/Smt..........................................................pending issue of final P.P.O, and G.P.O. by the Accountant-General, Orissa.

 

1.        Name of the pensioner/family pensioner

 

2.        Father's/husband's name

 

3.        Office/Department in which the pensioner/deceased Government servant served last

 

4.        Permanent address

 

5.        Amount of provisional pension/family pension.

 

6.        Date from which provisional pension / family pension is payable.

 

7.        Amount of retirement/death gratuity

 

8.        Amount of gratuity to be deducted towards the outstanding Government dues as per details below ?

 

9.        Licence fee for Government accommodation

 

10.     Balance of house building conveyance and other advance with interest, if any

 

11.     Over-payment of pay and allowance including leave salary

 

12.     Any other assessed Government dues

 

13.     The amount of gratuity to be withheld for adjustment of unassessed Government dues

 

14.     Amount of gratuity to be held over for adjustment of any of the above unassessed dues, if any

 

15.     Amount of gratuity payable to the pensioner

 

16.     Amount of gratuity, if any, payable to the members of the deceased Government servant as per details below-

 

Signature and seal of the Pension

Sanctioning Authority

Memo No..................Dated.............

Copy forwarded to................(Head of Office)/Treasury/Sub-Treasury/Special Treasury Officer........................../Accountant-General, Orissa, Bhubaneswar/Beneficiary concerned, for information and necessary action.

Signature and seal of the Pension

Sanctioning Authority

 

Indemnity Bond

O.C. S. (Pension) Form -18

[See Rule 55 (3)]

Form of bond of Indemnity for payment of minor(s) share of death/retirement gratuity up to Rs. 10,000 (Rupees ten thousand) to the person without production of guardianship certificate

Joint Photograph in case of provisional pension and single photograph of the claimant for-provisional family pension.

Score the items not necessary.

KNOW ALL MEN by these presents that we (a).............(b).............the widow/son/brother, etc. of (c) .......................deceased resident of..............(hereinafter called "the Obligor") and (d)............... son/wife/daughter of .............resident of..............and...............son/wife/daughter of *..............resident of..............the sureties for and on behalf of the Obligor (hereinafter called 'the sureties') are held firmly bound to the Governor of Orissa [hereinafter called 'the Government' in the sum of Rs.................(Rupees.........................only) well and truly to be paid to the Government on demand and without a demur for which payment we bind ourselves and our respective heirs, executors, administrators, legal representatives, successors and assigns by these parents]

Signed this.............day of............two thousand and.............

WHEREAS (c)..................:...................was at the time of his death in the employment of the Government/receiving a pension at the rate of Rs................................... (Rupees..............................only) per month from the Government.

AND WHEREAS the said (c)..................died on the .............day of .............20................there was due to him at the time of his death the sum of Rs................(Rupees...............only) for and towards share of his minor son/daughter in the death/retirement gratuity.

AND WHEREAS the Obligor claims to be entitled to the said sum as de facto guardian of the minor son/daughter of the said (c) ..................but has not obtained till the date of these presents the certificate of guardianship from any competent Court of law in respect of the said minor(s).

AND WHEREAS the Obligor has satisfied (e) .................that he/she is entitled to the aforesaid sum and that it would cause undue delay and hardship if the Obligor be required to produce the certificate of guardianship from the competent Court of law before payment to him of the said sum of Rs...............

AND WHEREAS the Government has no objection to the payment of the said sum of the Obligor but under Government Rules and Orders, it is necessary for the Obligor to first execute bond with one surety or sureties to indemnify the Government against all claims to the amount before the said sum so due as aforesaid to the said (c) .................. before the said sum can be paid to the Obligor.

AND WHEREAS the Obligor and at his/her request the surety/ sureties have agreed to execute the bond in the terms and manner hereinafter contained.

NOW THE CONDITION OF THIS BOND is such that if after payment has been made to the Obligor, the Obligor and/or the surety/sureties shall in the event of a claim being made by any other person against the Government with respect to the aforesaid sum of Rs...............refund to the Government the said sum of Rs ..................and shall otherwise indemnify and keep the Government harmless and indemnified against and from ail liabilities in respect of the aforesaid sum and all costs incurred in consequence of the claim thereto. THEN the above written bond or obligation shall be void and of no effect but otherwise it shall remain in full force, effect and virtue.

AND THESE PRESENTS ALSO WITNESS that the liability of the sureties hereunder shall not be impaired or discharged by reason of time being granted by or any forbearance act or omission of the Government whether with or without the knowledge or consent of the surety/sureties in respect of or in relation to the obligations or conditions to be performed or discharged by the Obligor or by any other method or thing whatsoever which under the law relating to sureties, shall but for this provision have the effect of so relating the surety/sureties from such liability nor shall it be necessary for the Government to sue the Obligor before suing the surety/sureties or either of them for the amount due hereunder, and the Government agrees to bear the stamp duty, if any, chargeable on these presents.

IN WITNESSES WHEREOF the Obligor and the surety/ sureties hereto have set and subscribed the respective hands hereunto on the day month and year above written.

Signed by the above named Obligor in the presence of

1..............

2..............

Signed by the above named 'surety/sureties'

1..............

2..............

Accepted for and on behalf of the Government of Orissa by....

Name and designation of the Officer directed or authorised, in pursuance of Article 229 (1) of the Constitution, to accept the bond for and on behalf of the Governor in the presence of

(Name and designation of witness)

Note I - (a) Full name of the claimant referred to as the 'Obligor'.

(b) State relationship of the Obligor to the deceased.

(c) Name of the deceased Government Officer.

(d) Full name or names of the sureties with name or names of the father(s)/husband(s) and place of residence.

(e) Designation of the officer responsible for payment.

Note II - The Obligor as well as the sureties should have attained majority so that the bond may have legal effect or force.

 

Indemnity Bond

O.C. S. (Pension) Form - 19

[See Rule 56 (19) (ii)(b)]

Form of Indemnity Bond for payment of family pension/death gratuity in case of disappearance of the Government servant while in service

 

KNOW ALL MEN by these presents that we (a)................I.............. (b) the wife/son/brother etc. of (c)......................who was holding the post of in the Department/Office of is reported to have been missing since...................(hereinafter referred to as 'Missing Government servant') resident of.............(hereinafter called "the Obligator") and (c)..........................................................................son/wife/daughter of Shri................ residence of...................and........................................................................son/wife/daughter of.............. resident of ...........................the sureties for and on behalf of the Obligor (hereinafter called 'the sureties') are held firmly bound to the Government of Orissa (hereinafter called 'the Government') in the sum of Rs.......................................................(Rs....................................................in words) equivalent of the amount on account of payment of salary, leave encashment, G.P.F. retirement/death-gratuity and each and every sum being the monthly family pension will and truely to be paid to the Government on demand and without a demur together with simple interest at rate per cent p.a. from the date of payment thereof (until re-employment for which payment we bind ourselves and our respective heirs, executors, administrators, legal representatives, successors and assigns by these present.

Signed this..........day of..............two thousand and...........

WHEREAS (c)......................was at the time of his disappearance, in the employment of the Government receiving a pay at the rate of Rs......(in words) only per month from the Government.

AND WHEREAS the said (c)......................disappeared on the day of...............20.......and there was due to him at the time of disappearance the sum equivalent of (i) salary due, (ii) leave encashment, (iii) G.P.F. and (iv) retirement/death gratuity.

AND WHEREAS the Obligor is entitled to family pension Rs............(Rupees...................) only admissible temporary increase thereon.

AND WHEREAS the Obligor has represented that he/she is entitled to the aforesaid sum and approached the Government for making payment thereof to avoid undue delay and hardship.

AND WHEREAS the Government has agreed to make payment of the said sum of Rs ....................... (in words) and monthly family pension @ Rs.........................(in words) only temporary increase thereon to the Obligor upon the Obligor and the sureties entering into a bond in the above mentioned sum to indemnify the Government against all claims to the amount so due to the aforesaid missing Government servant.

AND WHEREAS the Obligor and at his/her request the surety/sureties have agreed to execute the bond in the terms and manner hereinafter contained.

NOW THE CONDITION OF THIS BOND is such that if after payment has been made to the Obligor, the Obligor and/or the surety/ sureties shall in the event of a claim being made, by any other person or the missing employee on appearance, against the Government with respect to the aforesaid sum of Rs..................(in words) and the sums paid by the Government as monthly pension and temporary increase as aforesaid then refund to the Government the said sum of Rs (in words) and each and every sum paid by the Government as monthly pension and temporary increase together with simple interest @ ..........% per annum and shall, otherwise, identify and keep the Government harmless and indemnified against and from all liabilities in respect of the aforesaid sums and all costs incurred in consequences of the claim thereto. THEN the above written bond or obligation shall be void and or on effect but otherwise it shall remain in full force, effect and virtue.

AND THESE PRESENTS ALSO WITNESS that the liability of the surety/ sureties hereunder shall not be impaired of discharged by reason being granted by or any forbearance act or omission of the Government whether with or without the knowledge or consent of the Surety/Sureties in respect of or in relation to the obligations or conditions to be performed or discharged by the Obligor or by any other method or thing whatsoever which under the law relating to sureties would but for this provision shall have no effect or so releasing the surety/sureties from such liability nor shall it be necessary for the Government to sue the Obligor before suing the surety/sureties or either of them for amount due hereunder, and the Government agree to bear the stamp duty, if any, chargeable on these presents.

IN WITNESS WHEREOF the Obligor and the surety/sureties hereto have set and subscribed their respective hands hereunto on the day month and year above written.

Signed by the above named 'Obligor' in the presence of -

1.......................

 

2.. :...................

 

Signed by the above named 'surety/sureties'

1 ...................

 

2.......................

 

Accepted for and on behalf of the Governor of Orissa [Name and designation of the Officer directed or authorised, or in pursuance of Article 299 (1) of the Constitution, to accept the bond for and on behalf of the Governor] in the presence of....................

(Name and designation of witness)

Note I - (a) Full name of the claimant referred to as the 'Obligor'.

(b) State relationship of the 'Obligor' to the missing Government servant.

(c) Name of the 'missing Government servant'.

(d) Full name or names of the sureties with name or names of the father(s)/husband (s) and place of residence.

Note II - The Obligor as well as the sureties should have attained majority so that the bond may have legal effect or force.

Note III - The rate of simple interest will be as prescribed by the Government from time to time.

 

Indemnity Bond

O.C. S. (Pension) Form - 20

[See Rule 56 (20)(B)(b)]

Form of indemnity Bond for family pension/death gratuity in case of disappearance of retired pensioner

 

KNOW ALL MEN by these presents that we (a) ............................. (b).................the widows/son/brother/nominee etc. of (c)......................who had retired from the post of....................in the Department/Office of.................and who was in receipt of pension from .........................is reported to have been missing since.......................(hereinafter referred to as 'missing pensioner') resident of ....................... (hereinafter called 'the Obligor') and (d) son/wife/daughter of............resident of...............and son/wife/daughter of resident of.............................. the sureties for and on behalf of the Obligor (hereinafter called 'the sureties") are held firmly bound to the 'Governor of Orissa (hereinafter called "the Government") in each and every sum being the arrears of pension and monthly family pension and temporary increase thereon well and truely to be paid to the Government on demand and without a demur together with simple interest at the rate of...............% per annum from the date of payment until repayment for which payment we bind ourselves and our respective heirs, executors, administrators, legal representatives, successors and assigns by these presents.

Signed this day of... two thousand and......

WHEREAS (c) was at the time of his disappearance a State Government of pensioner receiving a pension at the rate of Rs..........(in words) only per month and temporary increase from the Government.

AND WHEREAS the said (c) disappeared on the .....day of..............20.............and there was due to him at the time of his disappearance the sum equivalent of arrears of pension due.

AND WHEREAS the Obligor is entitled to family pension at Rs.................................(Rupees................only) plus admissible temporary increase thereon.

AND WHEREAS the Obligor has represented that he/she is entitled to the aforesaid sum and approached the Government for making payment thereof to avoid undue delay and hardship.

AND WHEREAS the Government has agreed to make payment of the said sum of Rs ...............(in words) the monthly family pension at (in words)..............plus temporary increase thereon to the Obligor upon the Obligor and the sureties entering into a bond in the above mentioned sum to indemnify the Government against all claims to the amount so due to the aforesaid missing Government pensioner.

AND WHEREAS the Obligor and at his/her request the surety/ sureties have agreed to execute the bond in the terms and manner hereinafter contained.

NOW THE CONDITION OF THIS BOND is such that if after payment has been made to the Obligor and/or the surety/sureties shall in the event of a claim being made, by any other person or the missing pensioner on appearance, against the Government with respect to the aforesaid sum of Rs..............(in words)..............and the sums paid by the Government as monthly family pension and temporary increase as aforesaid then refund to the Government the said sum of Rs.........................................(in words) and each and every sum paid by Government as monthly family pension and temporary, increase together with simple interest @.............% per annum and shall otherwise, indemnify and keep the Government harmless and indemnified against and from ail liabilities in respect of the aforesaid sums and all costs incurred or obligation shall be void and of no effect but otherwise it shall remain in full force, effect and virtue.

AND THESE PRESENTS ALSO WITNESS that the liability of surety/ sureties hereunder shall not be impaired or discharged by reason or time being granted by or any forbearance act or omission or the Government whether with or without the knowledge or consent of the surety/sureties in respect of or in relation to the obligations or conditions to be performed or discharged by the Obligor or by any other method or thing whatsoever which under the law relating to sureties would but for this provision shall have no effect of so releasing the surety/ sureties from such liability nor shall it be necessary for the Government to sue the Obligor before suing the surety/ sureties or either of them for the amount due hereunder and the Government agrees to bear the stamp duty, if any, chargeable on these presents.

IN WITNESS WHEREOF the Obligor and the surety/sureties hereto have set and subscribed respective hands hereunto on the day, month and year above written.

Signed by the above named 'Obligor' in the presence of

1.......................

2.......................

Signed by the above named surety/sureties'

1................ :....

2 .....................

Accepted for and on behalf of the Governor of Orissa by.....................(Name and designation of the Officer directed or authorised, in pursuance , of Article 299 (1) of the Constitution to accept the bond for/on behalf of the Governor) in the presence of.................

(Name and designation of witness)

Note I. (a) Full name of the claimant referred to as the 'Obligor'.

(b) State relationship of the 'Obligor' to the missing pensioner'.

(c) Name of the 'missing pensioner'.

(d) Full name or names of the sureties with name or names of the father (s)/husband and place of residence.

Note II - The Obligor as well as the sureties should have attained majority so that the bond may have legal effect or force.

Note III - The rate of simple interest will be as prescribed by the Government from time to time.

 

O.C. S. (Pension) Form - 21

[See Rule 80(2)]

Form for sanctioning family pension to the child or children of a retired Government servant who dies after retirement but does not leave behind a widow or widower

No .................

Government of Orissa

Department/Office of.............

Dated the............

To

The Accountant-General, Orissa, Bhubaneswar.

Subject - Grant of family pension to the child/children. Sir,

I am directed to say that Shri/Shrimati.................formerly (Designation) of Rs..........service..........with effect from in this Department/Office was authorised pension on his/her retirement from

 

2. Intimation has been received in this Department/Office that Shri/Shrimati died on and that at the time of death left no widow/widower but was survived by the following children.

 

The names of children, should be mentioned in the order of eligibility mentioned in Rule 56(7) (c) of the Orissa Civil Services (Pension) Rules, 1992.

3. In terms of Rule 56 of the Orissa Civil Services (Pension) Rules, 1992 the amount of family pension has become payable to the children in the order mentioned above. The family pension will be payable on behalf of the minor to Shri/Shrimati.................who is the guardian.

 

4. Sanction for the grant of family pension of Rs................... per month to the children mentioned above is hereby accorded be family pension will take effect from and subject to the provisions of Sub-rule (5) of Rule 56 of the Orissa Civil Services (Pension) Rules, 1992 will be tenable till.......

 

5. The family pension is debitable to the Head...................

 

6. Attention is invited to the information furnished in list of enclosures.

 

7. The receipt of this letter may kindly be acknowledged and this Department/ Office informed that instructions for the payment of family pension to the guardian have been issued to the disbursing authority concerned.

Yours faithfully

Pension Sanctioning Authority

List of Enclosures

 

1. Permanent address of the guardian

 

2. Place of payment (Government Treasury/Sub-Treasury/ Special Treasury)

 

3. Specimen signature or left hand thumb and finger impressions of the claimant or guardian duly attested.

 

4. Two attested copies of passport size photograph of the guardian

5. Descriptive roll of the guardian, duly attested.

 

To be furnished in the case of the guardian, who is not literate enough to sign his or her name.

 

O.C. S. (Pension) Form - 22

[See Rule 80(2)]

Form for sanctioning family pension to the child or children on the death or remarriage of a widow/widower who was in receipt of family pension

 

No................

Department/Office of.................

Dated the.................

To

The Accountant-General, Orissa, Bhubaneswar.

Subject - Grant of family pension to the child/children.

Sir,

I am directed to say that Shri/Shrimati............................ widow/widower of late Shri/Shrimati .......................................... formerly (Designation) in this Department/Office was authorised the payment of family pension of Rs...............with effect from...............The family pension was tenable till the death or remarriage of the widow/ widower.

 

2. Initiation has been received in this Department/Office that Shri/ Shrimati dies/remarried on................

 

3. At the time of death/re-marriage Shri/Shrimati.....................had following children*.

4. In terms of Rule 56(7) (c) of the Orissa Civil Services (Pension) Rules, 1992, the amount of family pension has become payable to the children in the order mentioned above. The family pension will be payable on behalf of the minors to Shri/Shrimati...................who is the guardian.

 

5. Sanction for the grant of family pension Rs ....................or month to the children, mentioned above is hereby accorded. The family pension will take effect from..................and subject to the provisions of Sub-rule (5) of Rule 56 of the Orissa Civil Services (Pension) Rules, 1992 will be tenable till...............

 

6. The family pension is debitable to the Head ....................

 

7. Attention is invited to the information furnished in the list of enclosures.

 

8. The receipt of this letter may kindly be acknowledged and this Department/ Office informed that necessary instruction for the payment of family pension to the guardian have been issued to the disbursing officer concerned.

Yours faithfully

Pension Sanctioning Authority

?The name of children should be mentioned in order of eligibility mentioned in Rule 56 (7) (c) of the Orissa Civil Services (Pension) Rules, 1992.

 

List of enclosures

 

1.        Permanent address of the guardian

 

2.        Place of payment (Government Treasury/Sub-Treasury/ Special Treasury.)

 

3.        Specimen signature or left hand thumb and finger impression of the guardian, duly attested.

 

4.        Two attested copies of passport size photograph of the guardian.

 

5.        Descriptive roll of the guardian, duly attested

 

6.        be furnished in the case of guardian who is not literate enough to sing his or her name.

 

O.C. S. (Pension) Form - 23

[See Rule 80(3)]

Form of claim application for the grant of residuary** gratuity on the death of a pensioner

(To be filed in separately to each applicant)

 

1.        Name of the applicant

 

2.        Name of the guardian in case the applicant is minor

 

3.        Date of birth of guardian

 

4.        Name of the deceased pensioner

 

5.        Office/ Department in which the deceased pensioner served last

 

6.        Date of death of the pensioner

 

7.        Date of retirement of the deceased pensioner

 

8.        Amount of monthly pension @ (including ad hoc increase, if any) sanctioned to deceased pensioner

 

9.        Amount of retirement gratuity received by the deceased pensioner.

 

10.     The amount of pension @ (including ad hoc increase, if any) drawn by the deceased till the date of death

 

11.     If the deceased had commuted a portion of pension before his death the commuted value or the pension

 

12.     Total of items 8, 9 and 10.

 

13.     Amount of death gratuity equal to 12 times of the emoluments.

 

14.     The amount of residuary gratuity claimed i.e. the difference between the amount shown against item 12 and item 8.

 

15.     Relationship of the applicant with the deceased pensioner

 

16.     Date of birth of the applicant

 

17.     Name of the Treasury or Sub-Treasury or Special Treasury at which payment is desired.

 

18.     Full address of the applicant

 

19.     Signature or thumb impression of the applicant (to be furnished in a separate sheet duly attested).

 

20.     Attested by

 

21.     Name               Full Address               Signature

 

22.     Witness

 

23.     If a retired Government servant in receipt of service gratuity or pension dies within five years from the date of his retirement from service including compulsory retirement as a penalty and the sums actually received by him at the time of his death on account of such gratuity or pension including ad hoc increase, if any, together with the death gratuity and the commuted value of any portion of pension commuted by him are less than the amount equal to 12 times of his emoluments, a residuary gratuity equal of the efficiency becomes payable to the family.

 

24.     When a Government servant had retired before earning a pension, the amount of service gratuity should be indicated.

 

25.     Attestation should be done by two gazetted Government servants or by two or more persons of respectability in the own village or pargana in which the applicant resides.

 

O.C. S. (Pension) Form - 24

[See Rule 99(1)]

Form of application for permission to Officers of the State Government to accept commercial employment within a period of two years after retirement

 

1.        Name of the Officer (in Block Letters)

 

2.        Date of retirement

 

3.        Particulars of the Department/Offices in which the Officer served during the last 5 years preceding retirement (with duration)

Name of Department/Office	Post held	Duration
		From	To

4.        Post held at the time of retirement and period for which held

 

5.        Pay scales of the post and pay drawn by the officer at the time of retirement

 

6.        Pensionary benefits.

Pension expected/sanctioned (commutation if any should be mentioned)

gratuity if any,

7.        Details regarding commercial employment proposed to be taken up :

 

(a)      Name of the firm/company/Co-operative Society, etc.

 

(b)      Products being manufactured by the firm/ type of business carried out by the firm etc.

 

(c)      Whether the Officer had during his official carrier, any dealings with the firm, etc.

 

(d)      Duration and nature of the official dealings with the firm.

 

(e)      Name of the job/post offered.

 

(f)       Whether post was advertised, if not, how was offer made (attach newspaper cutting of the advertisement, and a copy of the offer of appointment, if any)

 

(g)      Description of the duties of the job/post

 

(h)     Remuneration offered for post/job.

 

(i)       If proposing to set up a practice, indicate

 

(j)       professional qualification/in the field of practice

 

(k)      nature of proposed practice

 

8.        any information which the applicant desires to furnish in support of his request

 

9.        Declaration :

 

10.     I hereby declare

 

11.     the employment which I propose to take up will not bring me into conflict with Government;

 

12.     my commercial duties will not be such that my previous official position or knowledge or experience under Government could be used to give my proposed employer an unfair advantage;

 

13.     my commercial duties will not involve liaison or contract with the Government Departments.

 

Signature of the applicant

Address........

Dated....................

 

O.C. S. (Pension) Form - 25

[See Rule 113(2)(ii)]

Form of application for disability pension

 

1.        Name of the applicant and full address

 

2.        Father's Name

 

3.        Full residential address (showing village, post office, district, State)

 

4.        Present or last employment, including full particulars and address of the establishment

 

5.        Date of entry into service

 

6.        Full particulars of service and length of service including interruption (both qualifying and non-qualifying)

 

7.        Percentage of disability sustained due to injury/diseases (as certified by the medical authorities) and circumstances which resulted in that disability.

 

8.        Pay at the time of injury sustained disease contracted (as certified by the medical authorities)

 

9.        Pension claimed

 

10.     Date of injury/disease (as certified by the medical authorities)

 

11.     Place of payment

 

12.     Other relevant information, if any

 

13.     Date of applicant's birth by Christian era

 

14.     Height

 

15.     Identification marks

 

16.     Thumb and finger impressions

 

Note - Thumb and finger impressions and particulars of height and personal marks are not required to be given by such ladies, Gazetted Officers, Government title-holders and other persons are specifically exempted, by the Government by special orders in that behalf.

If not known exactly, please state on the best information or estimate and according to the best of your knowledge and belief.

 

O.C. S. (Pension) Form - 26

[See Rule 113(2)(ii)]

Form of application for extraordinary family pension

 

Application for extraordinary pension for the family of the late Shri/Shrimati .................... killed or died of injury/disease/injuries/diseases claimed as being attributable to Government service.

 

1.        Information regarding the claimant

 

2.        Full name and address, residence (showing village, post office, district, State)

 

3.        Age and date of birth

 

4.        Height

 

5.        Identification marks

 

6.        Present occupation and pecuniary circumstances

 

7.        Information regarding the deceased-

 

8.        Full name, father's residence (including village post office, district, State)

 

9.        Particulars of post and service with full name and address of the Establishment.

 

10.     Full particulars of service, length of service, etc.

 

11.     Pay, at the time of death

 

12.     Date of birth

 

13.     Age at the time of death

 

14.     Nature of injury/disease/injuries/diseases causing death (as per the Certificate of the medical authorities) and the circumstances in which the same resulted.

 

15.     Other information-

 

16.     Amount of pension, etc. claimed

 

17.     Place of payment

 

18.     Date from which benefit (s) claimed

 

19.     Other relevant information, if any

 

20.     Names and ages of 'surviving kindred of the deceased -

(Place)

(Date)

Note 1 - Please strike out the word or words not applicable.

Note 2 - If the deceased has left no son, widow, daughter, father or mother surviving him, the word 'none' or 'dead' should be entered opposite to such relative.

Term 'child' includes a posthumous child of the Government servant and is covered by the term surviving kindered.

 

O.C. S. (Pension) Form - 27

[See Rule 113 (2)(iii)]

Form to be used by the Medical Board where reporting in injuries/diseases/death

 

Instruction to be observed by the Medical Board while preparing the report.

 

(1)     The Medical Board before recording their opinion, should invariably consult the proceedings of the previous Medical Board, if any, as also previous Medical/Hospital documents connected with the Government servant brought before them for examination, or who has died.

 

(2)     If the injuries/diseases by more than one, they should be numbered separately giving percentage of disability for each, with full details.

 

(3)     In answering the questions in the prescribed Form the Medical Board will confine itself exclusively to the Medical aspect of the case, and will carefully discriminate between the Government servant's/ claimant's unsupported statements and the documentary evidence available.

 

(4)     The Medical Board will not express any opinion, either to the Government servant examined (or any of his relatives or friends, etc.) or in their reports, as to whether he or his family is entitled to compensation or as to the amount of it, nor will it inform the Government servant or any other person connected with the Government servant of about the nature of the Medical Report given by it.

 

(5)     The Medical Report shall give their report herein below-

 

(6)     The Report of the Medical Board, on each occasion, shall be supported by all the necessary and full Medical and Hospital documents which shall be maintained and preserved for reference from time to time as may be necessary, until the same would no longer be required for reference.

 

Proceedings of The Medical Board Confidential

 

Proceedings of the Medical Board assembled by the order of ...........for the purpose of examining and reporting on ?

 

(i)       the present state of the injury/disease/injuries/diseases sustained/ contracted by, or

 

(ii)      death of, Shri/Shrimati..............on the............... (Please give date, month and year)

 

(iii)     State briefly the circumstances under which the injury/disease/injuries/diseases was/were sustained/contracted or death occurred and the date thereof.

 

(iv)    What is the Government servant's present condition-

 

(v)      Is the Government servant's-

 

(vi)    present condition, or

 

(vii)   death

 

(viii)  wholly due to injury/disease/injuries/diseases and reason as claimed? If so, please explain fully how ?

 

(ix)    If not, please state to what other causes the same is/are attributable

 

(x)      From which date it appears that the Government servant has been in capacitated on that account

 

(xi)    Which is the date of injury/disease/death

 

(xii)   The opinion of the Board upon the questions below is as follows :

 

Part 'A'

First Examination

 

1.        The percentage of disability due to injury/disease/injuries/diseases is %

 

2.        (Please give herein below full details/justification about the nature of the injury/disease/injuries/diseases and for percentage of disability certified, supported by full/all medical hospital documents with reference to Schedule I and l-A.

 

3.        For what period from the date of injury/disease/injuries/ diseases

 

4.        has the Government servant unfit for duty ? from...................to................

 

5.        the Government servant is likely to remain unfit for duty? from .....................to................

 

6.        Other relevant information, if any

Part 'B'

Second or Subsequent examinations

 

1.        If the original degree of disability of the Government servant has changed, what is the percentage of disability now ? (Please give here details of justification in support of your view alongwith all further medical and Hospital documents in full).

 

2.        For what period from the date of injury/disease/injuries/ diseases

 

3.        has the Government servant been unfit for duty ?....

 

4.        is the Government servant likely to remain unfit for duty ?....

 

Place :

Date :

Presiding Medical Officer of the Medical Board

Member of the Board

Member of the Board

Note - Please score out the word/words not applicable.

 

O.C. S. (Pension) Form - 28

[Please See also Forms 27 and 29]

Report on accidental and self-inflicted injuries

 

1.        Declaration by the injured person

 

I.................. hereby declare that the injury (Number, rank, name and unit) sustained by me on.....................did*/did not* occur while I was in the performance of Government duty.

(Medical Officer before whom the declaration is made)

(Injured person)

Station............Date.........Station........................Date....................

 

2.        Nature, location and severity of injury

 

Note - Hospital to be notified at once if wound is believed to be self-inflicted. (Medical Officer)

 

3.        Short statement of the circumstances of the cases (signed statements of witnesses giving a detailed account of the circumstances of the accident must be attached to this Form. Place or sketch of place of accident and how it occurred in case or lorry, motor car or cycle accidents)

 

4.        Opinion of the Commandant/Head of Office

 

5.        Was the individual in the course of performance of an official risk or a task, the failure to do which would constitute an offence triable under the disciplinary code applicable to him ?

 

6.        (Indicate the nature of the task, by whom it was ordered and when); or

 

7.        Did the accident occur during the journey or transport by a reasonable route under organised arrangements from the individual's quarters to or back from an appointed place of duty ? Cite and attach copies of standing instructions or other orders in support, if the journey or transport was officially organised, also a sketch showing the reasonable route from individual's quarter to the place of duty.............

 

Or

8.        Was the individual participating in recreation organised or permitted by service authorities ? Indicate the nature of the recreation, e.g. P.T. exercise including games in case of games and sports put of parade hours, cite and attach copy of official orders to indicate that it organised or permitted by competent authority;

 

Or

9.        Was the individual travelling either in a body of singly under organised arrangements ?

 

10.     (Cite and attach copy of official orders or indicate to the arrangements were organised by competent authority);

 

Or

11.     Was the individual proceeding to his leave station or returning to duty from his leave station ? In either case, was the journey at public expense or was performed on concession voucher or at individual's own expense ? (Give ...............)

 

12.     the dates of commencement and termination of the period of leave;

 

13.     the name of the leave station; and

 

14.     particulars of the direct route from the place of duty to or from the leave station

 

15.     Was the accident due wholly/partially to

 

16.     serious negligence.... and/or

 

17.     misconduct of the individual ?

 

18.     (Indicate the nature of the serious negligence misconduct and the grounds on which the opinion is based)

 

19.     Was any one else to blame for the accident ? (If, -so, indicate how and to what extent)

 

20.     Was the individual under the influence of intoxicating drink or drug at the material time ?

 

21.     Has any Court of Enquiry been held or will be held ? If, so indicate the date and the place of the enquiry and attach the Enquiry Report (in original)

22.     The injury/disability/death occurred in place/field/operational area and not attributable to Government service.

Strike our whichever is not applicable.

In all cases of death, Court of Enquiry must be held, so also in respect of disability exceeding 20%.

To be competent and signed by O.C. unit if injury is not severe and no Court of inquiry is held.

For Use On Field Service Only (Items 6 - 8)

(To be completed in all field service cases where injuries are, or are suspected to be self-inflicted)

 

23.     Opinion of the Unit Commander ?

 

24.     Disciplinary action taken, or proposed, whether against injured individual or another.................

 

(Commandant of Unit)

To

The Deputy I.G. State

7. Forwarded with reference to my causality signal No..............

Dated..........

Date...........

Commanding D.I.G., State

To

l.-G

Frontier,

DECISION OF I.G.

8. The causality should be reported as.............

Date..............................

General Officer

Commanding I.G. Frontier

To

D.G

Note - If the I.G. decides that the causality is to be reported as self-inflicted, he should indicate how far he concurs with the opinions expressed above.

O.C. S. (Pension) Form - 29

[See also Forms 27 and 28]

Form for report on cases (other than those due to injuries) which have ended fatally or are proposed for invaliding

Part 'A'

(To be filed by the M.O.)

Medical Officer

 

Part 'B'

(To be answered by the Officer Commanding Unit)

Circumstances of the case ?

 

1.        Was the individual in your opinion of average physique and stamina when he joined the Unit ?

 

2.        Was the individual, as far as you are aware, in his normal health prior to the onset of the illness ?

 

3.        If you are aware of any previous illness from which he suffered ? (Which is not recorded in his medical history) state its nature and duration....................

 

4.        Was the individual employed on sedentary duties/sheltered/occupation? If so-

 

5.        had he to do P.T. and/or Parades ?

 

6.        Was he doing it regularly prior to falling ill or had been exempted, therefrom on account of ill-health, If so, from which date ?

 

7.        Mention any circumstances of exposure giving details thereof, and/or.........,.....

 

8.        State periods and conditions of service at any particular place, which you consider caused or aggravated the illness..........................................

 

9.        Give the nature of duties he had to perform in Government service................

 

10.     Was he subject to stress and strain by such duties ? If so was it of an exceptional nature ? Give details ....

 

11.     Disease endemic to certain areas or disease due to infection :

 

12.     If disability or death was due to infection, is there any evidence that the exposure was due to negligence or misconduct on his part ?

 

13.     Did he live in unit lines or was he permitted to live outside with his family ?

 

14.     How many out-passes was he granted during the previous month and what was the date of the last out-pass ?

 

15.     was the disease endemic to the area he was serving in and during this period or immediately preceding it were there other cases of the same disease in the Unit ? If so, give the number of such cases, details of movements of infected persons and state any other circumstances which might have been responsible for the disease.

 

16.     Give the date of last leave and places where the leave was spent. Did illness start during leave ? If shortly after return from leave, state date on which the illness-commenced.

 

17.     Veneral disease (Further information on the points) mentioned below:

 

18.     When was it contracted ?................

 

19.     Period of treatment.................

 

20.     Whether after treatment the man returned to full duty ?

 

21.     Whether after return to duty post hospital surveillance and treatment was continued according to existing regulations

 

22.     After return to duty, war the man subjected to any stress of an exceptional nature ? If so, mention the nature of exceptional stress....................

 

23.     Do you consider that the death or disability was attributable to the aggravated by service ?

 

Date........................

Officer Commanding

Head of the Office

Head of the Department

 

Part 'C'

(To be completed by Medical Officer concerned in all death cases)

 

(i)       How many cases of this disease were treated during six months prior to admission of this individual ?

 

(ii)      How many, cases of this disease were received from this Unit ? Give details of such patients in chronological order ?

 

(iii)     Was the infection endemic or was there any outbreak of it in the local garrison ?

 

(iv)    Was there an outbreak of disease in the neighbouring city or village ?

 

(v)      What is your view of the source of infection ? In all cases state whether you consider the death was attributable to or aggravated by service and give the reasons on which you based your opinion ?

 

Commanding Officer

Hospital

 

1.        Chief Medical Officer, Presiding Officer of the Medical Board

 

2.        Medical Officer, Member of the Medical Board

 

3.        Medical Officer, Member of the Medical Board

 

Schedule-I

[See Rule 102 (c)]

Note - Complete and permanent loss of the use of any limb or member referred to in this schedule shall be deemed to be the equivalent of the loss of that limb or member.

 

Schedule I-A

[See Rule 102(d)]

I. List of classification of diseases which can be contracted by service

(A)    Diseases affected by climatic conditions

(i)       Pulmonary Tuberculosis

 

(ii)      Pulmonary Oedema

 

(iii)     Pulmonary Tuberculosis with pleural effusion

 

(iv)    Tuberculosis - Non-pulmonary

 

(v)      Bronchitis

 

(vi)    Pleurisy, empyema, lung abscess and bronchiectasis

 

(vii)   Lobar pneumonia

 

(viii)  Nephritis (acute and chronic)

 

(ix)    Otitis Media

 

(x)      Rheumatism ? Acute

 

(xi)    Rheumatic ? Chronic

 

(xii)   Arthritis

 

(xiii)  Myalgia

 

(xiv)  Lumbago

 

(xv)   Frost-bite leading to amputation of limb/limbs.

 

(xvi)  Head stroke

 

(B)    Diseases affected by stress and strain

 

(i)       Phychosis and Psychoneurosis

 

(ii)      Hyperpiesia

 

(iii)     Hypertension (B.P.)

 

(iv)    Pulmonary Tuberculosis

 

(v)      Pulmonary Tuberculosis with pleuran effusion

 

(vi)    Tuberculosis-Non-pulmonary

 

(vii)   Mitral stenosis

 

(viii)  Pericarditis and adherent pericardium

 

(ix)    Endo-carditis

 

(x)      Sub-acute bacterialendo-carditis, including inefective endocarditis

 

(xi)    Nyocarditis - Acute or Chronic

 

(xii)   Valvular disease

 

(C)    Diseases affected by diretary compulsions

 

(i)       Inefective hepatitis (Jaundice)

 

(ii)      Disease of stomach and duodenum

 

(iii)     Worm infestations particularly Guinea worm and round worm infections

 

(iv)    Gastritis

 

(v)      Food poisoning, specially due to tinned food

 

(vi)    Gastric ulcer

 

(vii)   Duodenal ulcer

 

(viii)  Nutritutional Disorders

 

(D)    Diseases affected by training marching, etc.

 

(i)       Tetanus, erysipelas, septicaemia and pyaemia,, etc., resulting from injuries

 

(ii)      Varicose veins

 

(iii)     Ankylosis and acquired deformities resulting from injuries

 

(iv)    Hernia

 

(v)      Post-traumatic epilepsy and other mental changes resulting from skull injury

 

(vi)    Internal derangement of knee joint

 

(vii)   Burns sustained through petrol-fire, kerosene oil, etc., leading to scars and various deformities and disabilities.

 

(viii)  Deformities of feet

 

(E)    Environmental diseases

 

(i)       Diseases contracted in the course of official duty of attending to a venereal or septicaemia patient or conducting a post mortem examination;

 

(ii)      Diseases contracted on account of handling poisonous chemicals and radiation equipment.

 

II. Diseases not normally affected by service

 

(i)       Malignant disease : Cancer and Carcinoma

 

(ii)      Sarcoma (except in cases of sarcoma of bone with a history of injury, due to service, on the site of development of the growth)

 

(iii)     Epithelioma

 

(iv)    Rodent ulcer

 

(v)      Lymphosarcoma

 

(vi)    Lymphadenoma (Hodgkin's disease)

 

(vii)   Leukaemia

 

(viii)  Pernicious anaemia (Addison's anaemia)

 

(ix)    Ostoitis deformana (Paget's disease)

 

(x)      Gout

 

(xi)    Arcomegaly

 

(xii)   Cirrhosis of the liver - if alcoholic

Eyes

(xiii)  Errors of refraction

 

(xiv)  Hypermetropia

 

(xv)   Myopia

 

(xvi)  Astigmatism

 

(xvii) Presbyopia Glaucoma - Acute or chronic, unless there is a history of injury due to service or of disease of the eye due to service.

 

 

 

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The Orissa Civil Services (Pension) Rules, 1992

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Orissa hereby makes the following rules to regulate the grant of pension, gratuity and other retirement benefits to the persons on retirement from service in connection with the affairs of the State of Orissa, namely :

CHAPTER-I

Preliminary

Rule - 1. Short title and commencement.?

 

(1)     These rules may be called the Orissa Civil Services (Pension) Rules, 1992.

 

(2)     They shall [come into force] on such date as the State Government may by notification appoint.

Rule - 2. Definitions.?

 

(1)     In these rules, unless the context otherwise, requires-

 

(a)      "Accountant-General" means the Head of the Office of the Audit and Accounts subordinate to the Comptroller and Auditor General of India, who keeps the accounts of the State and exercises audit functions relating to those accounts on behalf of the Comptroller and Auditor-General, India and includes an Audit Officer and Accounts Officer;

 

(b)      "Child" means a child of the Government servant who ?

 

(c)      in the case of a son, until he starts earning his livelihood or attains the age of twenty-five years, whichever is earlier; and

 

(d)      in the case of a daughter, until she gets married or starts earning her livelihood or attains the age of twenty-five years, whichever is earlier;

 

(e)      "Consolidated Fund" means the Consolidated Fund of India or the Consolidated Fund of a State or the Consolidated Fund of a Union Territory, as the case may be;

 

(f)       "Day" means a calendar day, beginning at the zero hour of the midnight at the ending at the zero hour of the next midnight, but an absence from headquarters which does not exceed twenty-four hours shall be reckoned for all purposes as one day, at whatever hours the absence begins or ends;

 

(g)      "Emoluments" means the basic pay as defined in Rule 33(a) (i) of the Orissa Service Code which the Government servant was receiving immediately before retirement or on the date of death and includes ?

 

(h)     personal pay, and additional pay granted under Rule 37 (a) and Rule 96 respectively of the Orissa Service Code, and

 

(i)       any other recurring emoluments which may be specially classed as 'Pay' by the Government under Rule 33(a) (iii) of the Orissa Service Code;

 

Explanation - In calculating 'emoluments' the amount received before retirement on the basis of monthly time-scale of pay shall be taken into account irrespective of the fact whether the employee has received the emoluments for a total period of 30 days or for a portion thereof;

(j)       "Family pension" means the family pension admissible under Rule 56;

 

(k)      "Foreign service" means the service in which a Government servant receives his pay with the sanction of Government from any source other than the Consolidated Fund;

 

(l)       "Form" means a form appended to these rules;

 

(m)    "Governor" means the Governor of Orissa;

 

(n)     "Government" means the State Government of Orissa;

 

(o)      "Gratuity" includes ?

 

(p)      'Service Gratuity' payable under Clause (i) of Sub-rule (5) of Rule 47;

 

(q)      'Death Gratuity' payable under Sub-rule (2) of Rule 49;

 

(r)      'Retirement Gratuity' payable under Sub-rule (1) of Rule 49;

 

(s)      'Residuary Gratuity' payable under Sub-rule (3) of Rule 49;

 

(t)       "Head of the Department" means an authority specified in Appendix 3 of the Orissa Service Code and includes such other authority whom the Governor may, by order, declare as Head of a Department;

 

(u)     "Head of Office" means a Gazetted Officer including an authority or person whom the competent authority may, by order, specify as Head of Office;

 

(v)      "Minor" means a person who has net completed the age of eighteen years;

 

(w)     "Month" means a month reckoned according to the British calendar;

 

Explanation (1) - 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;

 

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

 

(x)      "Pension" includes gratuity except where the term pension is used in contradiction to gratuity;

 

(y)      "Pension Sanctioning Authority" means the appointing authority competent to make appointment to the post held by the retiring Government servant :

 

[Provided that where the appointing authority in the Government or the Principal, Secretary, Commissioner-cum-Secretary or the Secretary to Government, the authority to sanction pension under these rules may be delegated by the said appointing authority to any subordinate officer under his/her direct control authorised to authenticate Government order under the Rules of Business.]

 

(z)      "Qualifying service" means the service rendered by a Government servant which shall be taken into account for the purpose of pension and gratuity admissible under these rules;

 

(aa)   "Retirement" means discharge of an Officer on pension and/or gratuity as admissible under these rules;

 

(bb)   "Retirement benefits" includes pension or service gratuity and death gratuity, retirement gratuity where admissible;

 

(cc)    "Schedule" means the Schedule appended to these rules;

 

(dd)   "State" means the State of Orissa;

 

(ee)   "Treasury" includes a Special Treasury and a Sub-Treasury.

 

(2)     Words and expressions used in these rules but not defined, unless the context otherwise requires to have the same meanings as respectively assigned to them in the Orissa Service Code.

Rule - 3. Application.?

 

(1)     Save as otherwise provided in these rules, these rules shall apply to Government servants, appointed in posts and services in connection with the affairs of the State which are borne on pensionable establishment, but shall not apply to ?

 

(a)      Persons in casual and daily rated employment;

 

(b)      Persons paid from contingencies;

 

(c)      Persons entitled to the benefits of Contributory Provident Fund;

 

(d)      Members of the All India Services;

 

(e)      Persons employed on contract except when the contract provides otherwise;

 

(f)       Persons whose terms and conditions of service are regulated by or under the provisions of the Constitution or any other law for the time being in force.

 

(2)     A Government servant who is transferred permanently to a service or post to which these rules apply from a service or post to which these rules do not apply shall become subject to these rules :

 

(3)     Provided that it shall be open to him, within six months of the date of issue of the order of his permanent transfer, or if he is on leave on the said date, then, within six months of his return from leave, whichever is later, to opt to be governed by the Pension Rules to which he was subject immediately before the date of his transfer. The option shall be exercised in writing and communicated to the authority making such order of transfer.

 

(4)     The option once exercised, shall be final.

 

(5)     Notwithstanding anything contained in these rules, all persons appointed under the Government of Orissa with effect from the 1st day of January 2005 shall not be eligible for pension as defined under sub-rule (1) of Rule 3 of the said rules but shall be covered by the defined contribution Pension Scheme as specified below

 

(6)     The monthly contribution would be 10% of the Salary and Dearness Allowance to be paid by the employee and the Government would also provide a matching contribution. The contribution so made would be deposited in a non-withdrawable pension tier-I account.

 

(7)     Such funds will be invested by pension fund managers as approved by Pension Fund Regulatory and Development Authority (P.F.R.D.A.) under different categories of scheme which would be a mix of debt and equity. The fund managers would give out easily understood information about the performance of different investment schemes So that individual Government employee would be able to make informed choices about which scheme to choose.

 

(8)     In addition to the above provision, each individual may also have a voluntary tier-II withdrawable account at his option. This option is provided as General Provident Fund will be withdrawn for employees recruited to the State Government service with effect from the 1st January 2005. Government will make no contribution into this account. In tier-II system, the individual may subscribe 10% of his salary and these assets would be managed through exactly the above procedure. However, the employee would be free to withdraw part or all of second tier of his money at any time. This withdrawable account does not constitute pension investment and would attract no special tax treatment.

 

(9)     At the time of retirement, Government servant will receive the lump sum amount of 60% deposited in pension tier-I account as pension wealth and it is mandatory to the Government servant to invest remaining 40% of his pension wealth to purchase as annuity from an Insurance Regulatory and Development Authority-Regulated Life Insurance Company. The annuity shall provide for pension for the life time of the employee and his dependent parents and his spouse at the time of retirement. The individual would receive lump sum of the remaining pension wealth, which he would be free to utilise in any manner. Individuals would have the flexibility to leave the pension system prior to age of 58 years or 60 years as the case may be. In such case the mandatory annuitisation would be 80% of the pension wealth.]

Rule - 4. Protection of privilege.?

 

Nothing in this rules shall operate to deprive any Government servant of any right or privilege to which he is entitled ?

 

(a)      by or under any law for the time being in force; or

 

(b)      by terms of any agreement subsisting between such person and the Governor at the commencement of these rules; or

 

(c)      to confer on him any right or privilege in respect of any matter for which specific provision is made by the terms of any agreement between such persons and the Governor.

CHAPTER-II

General conditions

Rule - 5. Regulation of claims to pension or family pension.?

 

(1)     Any claim to pension or family pension shall be regulated by the provisions of these rules in force at the time when a Government servant retires or is retired or is discharged or is allowed to resign from service or dies, as the case may be.

 

(2)     The day on which a Government servant retires or is retired or is discharged or is allowed to resign from service, as the case may be, shall be treated as his last working day. The day of death shall also be treated as a working day.

Rule - 6. Pension subject to future good conduct.?

 

(1)     Future good conduct shall be an implied of every grant of pension and its continuance under these rules.

 

(2)     The pension sanctioning authority may by order in writing, withhold or withdraw a pension or part thereof whether permanently or for a specified period, if the pensioner is convicted of a serious crime of is found guilty or grave misconduct :

 

Provided that no such order shall be passed by an authority subordinate to the authority competent to make an appointment to the post held by the pensioner immediately before his retirement from service :

 

Provided further that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of minimum limit.

 

(3)     Where a pensioner is convicted of a serious crime by a Court of Law, action under Sub-rule (1) shall be taken in the light of the judgement of the Court relating to such conviction.

 

(4)     In a case not falling under Sub-rule (3), if the authority referred to in Sub-rule (2), considers that the pensioner is prima facie guilty of grave misconduct, it shall before passing an order under Sub-rule (2)-

 

(5)     serve upon the pensioner a notice specifying the action proposed to be taken against him and the ground on which it is proposed to be taken and calling upon him to submit, within fifteen days of the receipt of the notice or such authority, such representation as he may wish to make against the proposal; and

 

(6)     take into consideration the representation, if any, submitted by the pensioner under Clause (3).

 

(7)     Where the authority competent to pass an order under Sub-rule (2) is the Government, the Orissa Public Service Commission shall be consulted before the order is passed.

 

(8)     An appeal against an order under Sub-rule (2) passed by any authority other than the Governor shall lie to the Governor and the Governor shall,-in consultation with the Orissa Public Service Commission, pass such orders on the appeal as he deems fit.

 

Explanation - In this rule ?

 

(9)     the expression 'serious crime' includes a crime involving an offence under the Official Secret Act; 1923 (19 of 1923);

 

(10)   the expressions 'grave misconduct' includes the communication or disclosure of any secret official code or pass-word of any sketch, plan, model, articles, notes, document or information such as is mentioned in Section 5 of the Official Secret Act, 1923 (19 of 1923) (which was obtained while holding office under the Government) so as to prejudicially affect the interests of the General Public or the security of the State.

Rule - 7. Right of Government to withhold or withdraw pension.?

 

(1)       The Government reserve to themselves the right of withholding a pension or gratuity, or both either in full or in part, or withdrawing a pension in full or in part, whether permanently or for a specified period and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Government, if in any departmental or judicial proceedings, the pensioner found guilty of grave misconduct or negligence in duty during the period of his service including service rendered on-re-employment after retirement :

 

Provided that the Orissa Public Service Commission shall be consulted before the final orders are passed :

 

Provided further that when a part of pension is withheld/withdrawn, the amount of such pension shall not be reduced below the amount of minimum limit.

 

(2)       Such departmental proceedings referred to in Sub-rule (1), if instituted while the Government servant was in service, whether before his retirement or during his re-employment, shall, after the final retirement of the Government servant, be deemed to be a proceeding under this rule and shall be continued and concluded by the authority by which they were commenced in the same manner as if the Government servant had continued in service :

 

Provided that when the departmental proceedings are instituted by an authority, subordinate to Government that authority shall submit a report recording its finding to the Government.

 

(3)       Such departmental proceedings as referred to-in Sub-rule (1) if not instituted while the Government servant was in service, whether before his retirement or during his re-employment ?

 

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

 

(5)       shall not be in respect of any event which took place more than four years before such instruction; and

 

(6)       shall be conducted by such authority and in such place as the Government may, direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the Government servant during his service.

 

(7)       No judicial proceedings, if not instituted while the Government servant was in service, whether before his retirement or during his re-employment, shall be instituted in respect of a cause of action which arose or in respect of an event which took place, more than four years before such institution.

 

(8)       In the case of Government servant who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are-continued under Clauses (a) and (b), a provisional pension as provided in Rule 66 shall be sanctioned.

 

(9)       Where the Government decide not to withhold or withdraw pension but order recovery of pecuniary loss from pension, the recovery shall not ordinarily be made at a rate exceeding one-third of the pension admissible on the date of retirement of a Government servant.

 

Explanation - For the purpose of this rule -

(a)      Departmental proceedings shall be deemed to be instituted on the date on which the statement of charges are issued to the Government servant or pensioner, or if the Government servant has been placed under suspension from the date of his suspension; and

 

(b)      judicial proceedings shall be deemed to be instituted ?

 

(c)      in the case of criminal proceedings, in the date on which the complaint or report of a police officer, of which the Magistrate takes cognizance, is made; and

 

(d)      in the case of Civil proceedings, on the date of presentation of the plaint in the Court.

Rule - 8. Claim to pension.?

 

In the following cases no claim to pension is admitted, namely :

 

(a)      When a pensioner's whole time is not stained for public service but he is merely paid for a work done for the State, such as Advocate-General, Government Pleaders and Law Officers appointed to conduct cases in Courts;

 

(b)      When a public servant holds some other pensionable post, he earns no pension in respect of the second post;

 

(c)      When a Government servant serves under an agreement which contains no stipulation regarding pension, unless the Government specifically authorise him to count such service towards pension; and

 

(d)      When a person is appointed for a limited time only, or for a specified duty on the completion of which he is to be discharged; and

 

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

Rule - 9. Limitations on number of pensions.?

 

(1)     A Government servant shall not earn two pensions in the same service or post at the same time or by the same continuous service.

 

(2)     Except as provided in Rule 30, a Government servant, who having retired on a superannuation pension or retiring pension, is subsequently re-employed shall not be entitled to a separate pension or gratuity for the period of his re-employment.

CHAPTER-III

Rule - 10. Commencement of qualifying service.?

 

Subject to the provisions of these rules, qualifying service of the Government servant shall commence from the date he takes charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity :

 

Provided that except for compensation gratuity, a Government servant's service does not qualify for pension till he has completed eighteen years of age :

 

Provided further that nothing contained in this rule shall apply to the persons who were in service on the 8th September, 1962 and in whose case a lower age-limit had been prescribed.

Rule - 11. Conditions of qualifying service.?

 

Subject to the provisions hereinafter contained, the service of a Government servant shall qualify for pension if it conforms to the following three conditions, namely :

 

(1)     The service must be under Government;

 

(2)     The employment must be in a pensionable establishment/post and

 

(3)     The service must be paid by Government.

Rule - 12. Conditions of qualifying pension.?

 

Notwithstanding anything contained in the provisions of Clauses (1) and (2) of Rule 11, Government may, in the case of service paid from the Consolidated Fund of the State ?

 

(a)      declare that any class of service shall qualify for pension; and

(b)      in individual cases, and subject to such conditions as they think fit to be imposed in each case, allow service rendered by a Government servant to count for pension.

Rule - 13. Counting of service under orders of Government.?

 

The Service of a Government servant does not qualify for pension unless he is appointed and his duties and pay are regulated by the Government or under orders of Government.,

Rule - 14. Counting of service on contract.?

 

(1)     A person who is initially engaged by the Government on a contract basis for a specified period and is subsequently appointed to the same or another post in a temporary or substantive capacity in a pensionable establishment without interruption of duty, may opt either ?

 

(a)      to retain the Government contribution in the contributory provident fund with interest thereon including any other compensation for that service;

 

(b)      to agree to refund to the Government the monetary benefits referred to in Clause (a) or to go the same if they have not been paid to him and count in lieu thereof the service for which the aforesaid monetary benefits paid or have become payable.

 

(2)     The option under Sub-rule,(1) shall be communicated to the Appointing Authority under intimation to the Accounts Officer within a period of three months from the date of issue of the order of transfer to pensionable service or if the Government servant is on leave on that day, within three months of his return from leave.

 

(3)     If no communication is received by the Appointing Authority within the period referred to in Sub-rule (2), the Government servant shall be deemed to have opted for the retention of the monetary benefits payable or paid to him on account of service rendered on contract.

Rule - 15. Counting of service paid from household allowances of the Governor.?

 

Service on an establishment paid from the household allowances of the Governor does not qualify for pension.

 

Explanation - If an Officer has served partly on the household establishment of the Governor, in a capacity which would have given him claim to pension if the service had been paid from the Consolidated Fund of the State, he is entitled from the Consolidated Fund of the State the share of any pension to which he would have been entitled if his whole service had been paid from the Consolidated Fund of the State, proportionate to the length of the Service which has been so paid.

Rule - 16. Counting of ex-State Service.?

 

(1)     Service rendered to an ex-State, which was merged in the State of Orissa and continued under the Government of Orissa after the date of merger of the ex-State, qualifies for pension, subject to the following conditions, namely :

 

(2)     If an ex-State employee was serving in a State which had a pension or gratuity system, the period of service which is definitely established as qualifying for pension or gratuity according to the rules of that merged State will only be taken into account :

 

Provided that where such an employee governed under a gratuity systems has received any amount of gratuity in respect of any spell of service rendered to an ex-State, such spell of service shall not count for pension unless he has refunded the said amount with interest at the rate of three per cent per annum calculated from the date of its receipt.

 

(3)     If an employee who was under a Contributory Provident Fund system in an ex-State and who, after merger of the State, has come over to the pension systems either by exercise of options or otherwise the service rendered by him under such system counts for pension :

 

Provided that the period of service during which such employee did not subscribe to the Contributory Provident Fund under the rules of the ex-State applicable to him shall not count for pension :

 

Provided further that where such employee has withdrawn his accumulations alongwith the contribution from the ex-State from the said fund in respect of any spell of service. Such spell of service shall not count for pension unless he has refunded to the State Government the said contribution with simple interest at the rate of three per cent per annum calculated from the date of its withdrawal.

 

Note - The period of service during which the employee did not subscribe to the Contributory Provident Fund under the rules of the ex-State, whether he was eligible or ineligible to subscribe, shall not count for pension.

 

(4)     If a person who was dismissed from service by any State Government the Government of India had been employed in the service of any ex-State, the service rendered by him in such ex-State shall not count for pension, unless otherwise ordered by Government.

 

Explanation - For the purpose of this rule 'ex-State' means an Indian State merged with the State of Orissa on or after the 1st day of January, 1948.

 

(2) If a person who was in permanent pensionable service of any ex-State at the time of merger but continued as a contingency paid or work-charged employee after merger the period of post-merger service shall count for pension under Sub-rule (1).

Rule - 17. Counting of ex-District Board service.?

 

Service rendered by employees of ex-District Boards/ex-Local Boards, irrespective of the fact whether they came over to Government service prior to the date of abolition or were absorbed in Government service due to the abolition of the District Boards/Local Boards, qualifies for pension subject to the following conditions namely :

 

(i)       The period of the service during which the employee did not subscribe to the Contributory Provident Fund, even though under the rules of the ex-District Board/ex-Local Board he was eligible or ineligible to subscribe, shall not count for pension.

 

(ii)      Where the employee has withdrawn his accumulation in Contributory Provident Fund along with the employer's share of contribution in respect of any spell of service, such spell of service shall not count for pension unless he has refunded to the State Government the employer's contribution received by him.

Rule - 18. Conditions subject to which service qualifies.?

 

(1)     Service does not qualify for pension unless it is rendered in a pensionable establishment post.

 

(2)     The entire continuous temporary or officiating service under Government without interruption in the same post or any other post, shall count for the purpose of pension in respect of all categories of Government servants except in the following cases, namely :

 

(i)       Period of service in an non-pensionable establishment;

 

(ii)      Period of service in the work-charged establishment;

 

(iii)     Period of service paid from contingencies;

 

(iv)    Where the employee concerned resigns and is not again appointed to service under Government or is removed/dismissed from public service;

 

(v)      A probationer who is discharged from service for failure to pass the prescribed test or examination;

 

(vi)    Re-employed pensioner Government servants engaged on contract and Government servants not in whole time employment of Government;

 

(vii)   Service paid from Local Fund or Trust Fund;

 

(viii)  Service in an office paid by fees whether levied by law or under authority of the Government or by Commission; and

 

(ix)    Service paid out of the grant in accordance with Law or Custom.

 

(3)     Notwithstanding anything contained in Clauses (i) and (ii) of Sub-rule (2) a person who is initially appointed by the Government in a work-charged establishment for a period of five years or more and is subsequently appointed to the same or another post in a temporary or substantive capacity in a pensionable establishment without interruption of duty, the period of service so rendered in work-charged establishment shall qualify for pension under this rule.

 

(4)     Notwithstanding anything contained in Sub-rule (1) Government may, by general or special order; prescribe any class of service or post which were previously born under work-charged establishment or paid from contingencies to be pensionable.

 

(5)     Notwithstanding anything contained in Sub-rules (1) and (2) in case of a Government servant belonging to Government of India or other State Government on his permanent transfer to the State Government the continuous service rendered by him under pensionable establishment of Government of India or any other State Government, as the case may be, shall count as qualifying service for pension.

 

(6)     [Notwithstanding anything contained in Clauses (i) and (iii) of Sub-rule (2), a person who is initially appointed in a job contract establishment and is subsequently brought over to the post created under regular/pensionable establishment, so much of his job contract service period shall be added to the period of his qualifying service in regular establishment and would render him eligible for pension.]

Rule - 19. Counting of service on probation.?

 

Service on probation against a post if followed by regular appointment in the same or another post shall qualify for pension.

Rule - 20. Counting of service as apprentice.?

 

Service as an apprentice shall qualify for pension, if such service is followed by regular appointment to Government service.

Rule - 21. Counting of service in Survey and Settlement Organisation.?

 

Except in pensionable-establishment, service in survey and settlement Organisation shall not count unless it is followed without interruption by qualifying service.

Rule - 22. Service paid from the Consolidated Fund.?

 

Service paid from the Consolidated Fund qualifies for pension. The fact that arrangements are made by Government for recovery of the whole or part of the cost of an establishment or office does not affect the operation of this principle provided that the establishment or officer appointed controlled and paid by the Government.

Rule - 23. Counting of periods spent on leave.?

 

(1)     All leave during service of a Government servant for which leave salary is payable and all extraordinary leave granted ?

 

(2)     on medical certificate; or

 

(3)     due to his inability to join or rejoin duty on account of Civil Commotion; or

 

(4)     for prosecuting higher scientific or technical studies, shall count as qualifying service.

 

(5)     Period of unauthorised leave of absence or joining time for which no joining time pay and allowances are admissible do not count for pension.

 

Note - The period of extraordinary leave taken on all other grounds which does not count as qualifying service shall be mentioned in the Service Book/Record.

Rule - 24. Counting of periods spent on training.?

 

The Government may, by order, decide whether the time spent by a Government servant under training (including a person under training immediately before appointment under Government) shall count a qualifying service.

Rule - 25. Counting of period of suspension.?

 

Time spent by a Government servant under suspension pending inquiry shall count as qualifying service where on conclusion of such inquiry, he has been fully exonerated or the suspension is held to be wholly unjustified. In other cases, the competent authority shall declare as to what extent the period of suspension will not count as qualifying service. Specific entry in this regard will be made in the Service Book/Record, in absence of which the entire period of suspension shall count as qualifying service.

Rule - 26. Counting of past service on reinstatement.?

 

(1)     A Government servant who is dismissed, removed or compulsorily retired from service, but is reinstated on appeal or review, is entitled to count his past service qualifying services.

 

(2)     The period of interruption in service between the date of dismissal, removal or compulsory retirement as the case be, and the date of reinstatement, and the period of suspension, if any, shall not count as qualifying service unless regularised as duty or leave as due and admissible.

Rule - 27. Deputation on foreign service.?

 

(1)     All duties rendered under foreign service count as qualifying service.

 

Note - Realisation of foreign service contributions shall be the responsibility of the Organisation and deputation sanctioning authority.

 

(2)     A Government servant deputed on foreign service to the United Nations Organisation or similar International Organisation/Institution/Agency/ Embassy outside India, may at his option ?

(a)      pay the pension contributions in respect of his foreign service and count such service as qualifying for pension under these rules;

 

(b)      avail of the retirement benefits admissible under the rules of the aforesaid Organisation and not count such service as qualifying for pension under these rules;

 

(c)      where a Government servant opts under Clause (b), retirement benefits shall be payable to him in India in rupees from such date and in such manner as the Government may, by order, specify;

 

(d)      pension contribution if any, paid by the Government servant, shall be refunded to him.

Rule - 28. Counting of Service while on deputation out of India.?

 

When a Government servant is deputed out of India on duty, the whole period of his absence from India counts for pension 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 shall also count for pension.

Rule - 29. Time spent on voyage.?

 

Time spent on the voyage to India by a Government servant who is compulsorily recalled to duty, before expiry of leave out of India, shall count for pension.

Rule - 30. Counting of military service.?

 

(1)     A Government servant who is re-employed in a civil service or post before attaining the age of superannuation and who, before such re-employment had rendered military service after attaining the age of eighteen years may on such re-employment, opt either ?

 

(a)      to continue to draw the military pension and/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 cease to draw his pension and refund-

 

(c)      the pension already drawn after re-employment;

 

(d)      the value received for the commutation or a part of military pension; and

 

(e)      the amount of retirement gratuity including service gratuity or bonus, if any, and counting previous military service as qualifying service in which case the service so allowed to count shall be restricted to a service within or outside the employees' 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;

 

Provided that -

(f)       the pension drawn prior to the date of re-employment shall not be required to be refunded;

 

(g)      the pension which was ignored for fixation of his pay including the pension which was not taken into account for fixation of pay on re-employment shall be refunded by him;

 

(h)     the commuted part of pension, if any, which was taken into account for fixation of pay shall be set off against the amount of gratuity and the commuted value of pension and the balance, if any, shall be refunded by him.

 

Explanation - In this clause the expression which was taken into account means the amount of pension by which the pay of the Government servant was reduced on initial re-employment and the expression which was not taken into account shall be construed accordingly.

 

(2)     The authority issuing the order of appointment to a Civil Service or post as is referred to in Sub-rule (1) shall alongwith such order require in writing the Government servant to exercise the option in writing under that sub-rule within six months of the date of joining in the service post bringing to his notice under the provisions of Clause (b) of Sub-rule (1).

 

(3)     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).

 

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

 

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

 

(6)     In the case of a Government servant, who having opted under Clause (b) of Sub-rule (1) to refund the pension and bonus or gratuity, dies before the entire amount is refunded, the refundable amount of pension and/or gratuity, bonus shall be adjusted against the gratuity which may become payable to his family.

 

(7)     When an order is passed under this rule allowing previous military service to count as part of the service qualifying for civil pension, the order shall be deemed to include the condonation of interruption in service if any, in the military service and between the military and civil services.

Rule - 31. Counting of war service.?

 

A Government servant who, prior to his appointment in a civil service or post had satisfactorily rendered as whole time, enlisted or commissioned war service in the Armed Forces of India or in similar Forces of a Common Wealth Country from the 3rd September, 1939 to the 1st April, 1946, which did not earn a service pension under the military or naval or air force 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, and in the case of services or posts for which no minimum age is fixed, no portion of such service rendered before attaining the age of eighteen years shall be allowed to count for qualifying service :

 

(b)      no contribution towards or share of pension earned as a result of.counting war service rendered in a Force of a Common Wealth Country shall be claimed for the Government of that country.

 

(c)      no refund of bonus or gratuity in respect of his war service shall be demanded from the Government servant concerned. If however, the Government servant has been granted any retirement gratuity for service covering both the post-war and war period, such gratuity shall be refundable.

Rule - 32. Addition to qualifying service in exceptional circumstances.?

 

(1)     The State Government may, in exceptional circumstances as noted hereunder add to the service of a Government servant for qualifying superannuation pension only a period not exceeding one-fourth of the length of his service or the actual period by which his age at the time of recruitment exceeds thirty-two years or a period of five years whichever is least-

 

(a)      the service or post for which post-graduate research or specialist qualification or experience in scientific, technological or professional field is essential; and

 

(b)      to which candidates of more than thirty-two years of age are normally recruited :

 

Provided that this concession shall not be admissible to a Government servant unless his actual qualifying service at the time he quits Government service is not less than ten years.

 

[Provided further that nothing contained in this rule shall be construed as to apply to any person recruited prior to the commencement of these rules, and the case of every such person shall be regulated by the provisions as in force at the time of his recruitment.]

 

(2)     A Government servant who is recruited at the age of thirty-five years or more, may, within a period of three months from the date of his appointment, may opt to forego his right to pension whereupon he shall be eligible to subscribe to Contributory Provident Fund.

 

(3)     The option referred to in Sub-rule (2) once exercised, shall be final. If no option is received within the stipulated period mentioned in Sub-rule (2), the Government servant shall be deemed to have elected to continue under this rule.

 

(4)     The Administrative Department shall after consultation with the Finance Department and the Orissa Public Service Commission, decide at the time of recruitment, as to whether a person fulfils the conditions specified in Sub-rule (1).

 

Note - The concession envisages under Sub-rule (1) shall not be admissible to those who are eligible for counting their past service for superannuation pension unless they opt before the date of their retirement. Option once exercised shall be final, for the weightage of service forgoing the counting of the past service.

Rule - 33. Forfeiture of service on dismissal or removal.?

 

Dismissal or removal of a Government servant from a service or post unless otherwise provided in these rules, shall entail forfeiture of his past service.

Rule - 34. Forfeiture of service on resignation.?

 

(1)     Resignation from a service or a post, unless it is allowed to be withdrawn in the public interest by the appointing authority, entails forfeiture of past service.

 

(2)     A resignation shall not entail forfeiture of past service if it has been submitted to take up with proper permission, another appointment, whether temporary or permanent, under the State Government where service qualifies.

 

(3)     Interruption in service in a case falling under Sub-rule (2) due to the two appointments being at different stations, not exceeding the joining time as permissible under the rules of transfer, shall be covered by grant of leave of any kind due to the Government servant on the date of relief or by formal condonation to the extent to which the period is not covered by leave due to him.

 

(4)     The appointing authority may permit a person to withdraw his resignation in the public interest where the officer wishes to withdraw it and that the resignation was tendered by the Government servant for some compelling reasons which did not involve in reflection on his integrity, efficiency or conduct and the request for withdrawal of the resignation has been made as a result of a material change in the circumstances which originally compelled him to tender the resignation.

 

(5)     Request for withdrawal of resignation shall not be accepted by the appointing authority where a Government servant resigns his service or post with a view to taking up another appointment in or under a private commercial company or in a Corporation wholly or substantially owned or controlled by the Government.

Rule - 35. Effect of interruption in service.?

 

(1)     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 absence;

 

(c)      suspension, where it is followed by reinstatement, whether in the same or a different post, or where the Government servant dies or is permitted to retire or retired on attaining the age of compulsory retirement while under suspension;

 

(d)      transfer to non-qualifying service in an establishment under the control of the Government if such transfer has been ordered by a competent authority in the public interest;

 

(e)      joining time while on transfer from one post to another.

 

(2)     Notwithstanding anything contained in Sub-rule (1), the appointing authority may, by order, regularise retrospectively the periods of absence without leave application by sanctioning extraordinary leave.

Rule - 36. Condonation of interruption in service.?

 

(a)      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, may condone all interruptions in his service.

 

(b)      In the absence of a specific indication to the contrary in the service book, an interruption between two spells of civil service rendered by a Government servant under Government shall be treated as automatically condoned and the pre-interruption service treated as qualifying service. The period of interruptions itself shall not count as qualifying service.

 

(c)      Nothing in Clauses (a) and (b) shall apply to interruption caused by resignation, dismissal or removal from service.

 

Explanation (1) - Counting of Military Service towards pension carries with it condonation of break, but the period of break itself does not count for pension.

 

Explanation (2) - In the case of ex-State employees absorbed under Government after the merger of the ex-State in Orissa, the entire period of ex-State service rendered prior to date of merger although interrupted by breaks due to resignation or otherwise shall count for pension subject to the conditions prescribed in Rule 16 but the period of interruption will not count.

CHAPTER-IV

Conditions for grant of pension

Rule - 37. Class of pension.?

 

Pension for service rendered under Government are classified into the following categories, namely :

 

(a)      Compensation pension;

 

(b)      Invalid pension;

 

(c)      Superannuation pension; and

 

(d)      Retiring pension.

Rule - 38. Compensation pension.-

 

(1)     If a Government servant is selected for discharge owing to the abolition of his post, he shall, unless he is appointed to another post the conditions of which are deemed by the authority competent to discharge him to be at least equal to those of his own, have the option ?

 

(a)      of taking compensation pension to which he may be entitled for the service he had rendered; or

 

(b)      of accepting another appointment on such pay as may be offered and continuing to count his previous service for pension.

 

(2)     (a) A notice of at least three months shall be given to Government servant before his services are dispensed with on the abolition his post.

 

(b) Where the notice under Clause (a) is not given and the Government servant is not provided with any other employment on the date on which his services are dispensed with, the authority competent to dispense with his service shall sanction the payment of a sum not exceeding the pay and allowances for the period by which the notice actually given to him falls short of three months.

(c) No compensation pension shall be payable for the period in respect of which he receives pay and allowances in lieu of notice.

(3)     In case a Government servant is granted pay and allowances for the period by which the notice given to him falls short of three months and he is appointed before the expiry of the said period for which he has received pay and allowances he shall refund the pay and allowances so received for the period covered by his employment.

 

(4)     If a Government servant who is entitled to compensation pension accepts instead another appointment under the Government and subsequently becomes entitled to receive a pension of any class, the amount of such pension shall not be less than the compensation pension which he could have claimed had he not accepted appointment.

Rule - 39. Invalid pension.?

 

(1)     Invalid pension may be granted if a Government servant retires from the service on account of any bodily or mental infirmity permanently incapacitates him for the service.

 

(2)     A Government servant applying for an invalid pension shall submit a medical certificate of incapacity from the following medical authority; namely:

 

(a)      Medical Board, in the case of all Gazetted and specially declared Gazetted Government servants; and

 

(b)      A Chief District Medical Officer or Medical Officer of equivalent status in case of the Government servants.

 

Note 1 - 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 the intention of the applicant to appear before the medical authority. The medical authority shall be supplied with the date relating to the date of birth of the applicant as recorded in his service book by the Head of Office or Department in which the applicant is employed.

 

Note 2 - A lady doctor shall be included as a member of the Medical Board when a woman candidate is to be examined.

 

Note 3 - The form of the Medical Certificate to be granted by medical authority under Sub-rule (2) shall be as in Form 2.

 

Note 4 - Where the medical authority referred to in Sub-rule (2) has declared a Government servant fit for further service of less laborious character than that which he had been doing he should, provided he is willing to be so employed, be employed on lower post and if there be no means of employing him even on a lower post, he may be admitted to invalid pension.

 

Note 5 - A Government servant who has submitted a medical certificate of incapacity for further service 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, on the expiry of such leave. If he is on leave at the time of submission of medical certificate, he shall be invalidated from service on the expiry of that leave or extension of leave, if any, granted to him.

Rule - 40. Superannuation pension.?

 

(1)     A superannuation pension shall be granted to a Government servant who is retired on his attaining the age of compulsory retirement.

 

(2)     The provisions relating to the date of compulsory retirement as contained in the Orissa Service Code shall apply to all Government servants other than Class IV.

 

(3)     The date of compulsory retirement of a Class IV Government servant is the date on which he attains sixty years of age.

 

(4)     The Government servant shall retire from service with effect from the afternoon of the last day of the month in which his/her date of retirement falls as per the date of birth recorded in the Service Book :

 

Provided that the date of birth of an employee where falls on the 1st day of the month, shall retire on the last day of the previous month.

 

(5)     Retirement on attaining the age of superannuation is automatic of the date on which he attains the age of compulsory retirement and in the absence of any specific orders to the contrary by the competent authority, a Government servant shall be deemed to have retired on the due date.

Rule - 41. Retiring pension.?

 

(1)     At any time after attaining the age of fifty years of completion of thirty years of qualifying service, as the case may be, a Government servant ?

 

(a)      may retire from service; or

 

(b)      may be required by the appointing authority to retire in the public interest, and in the case of such retirement the Government servant shall be entitled to a retiring pension.

Provided that -

(c)      a Government servant shall give a notice in writing to the appointing authority at least three months before the date on which he wishes to retire; and

 

(d)      the appointing authority where decides to take recourse to this sub-rule he shall also give a notice in writing to a Government servant at least three months before the date on which he is required to retire in the public interest or three months' pay and allowances in lieu of such notice :

 

Provided further that where the Government servant giving notice under Clause (a) of the preceding proviso is under suspension, it shall be open to the appointing authority to withhold permission to such Government servant to retire under this Rule.

 

(2)     (a) A Government servant referred to in Clause (a) of the First proviso to Sub-rule (1) may make a request in writing to the appointing authority to accept notice of less than three months giving reasons therefor.

(b) On receipt of a request under Clause (a) the appointing authority may consider such request for the curtailment of the period of notice of three months on merits and if he is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience the appointing authority may relax the requirement of notice of three months on the condition that the Government servant shall not apply for communication of part of his pension before the expiry of the period of notice of three months.

(3)     For the purpose of this rule the expression appointing authority shall mean the authority which is competent to make appointments to the service or post for which the Government servant retires.

 

(4)     (i) The qualifying service as on the date of intended retirement of the Government servant retiring under Clause (a) of Sub-rule (1) shall be increased by the period not exceeding five years, subject to the condition that the total qualifying service rendered by the Government servant does not in any case exceed thirty-three years and it does not take him beyond the date of superannuation.

(ii) The weightage of five years shall not be admissible in cases of those Government servants who are pre-maturely retired by the Government in the public interest under Clause (b) of Sub-rule (1).

(5)     The pension and retirement gratuity of the Government servant retiring under Clause (a) of Sub-rule (1) shall, be based on the emoluments as specified under Rule 48 and the increase not exceeding five years in his qualifying service shall not entitle him to any notional fixation of pay for the purpose of calculating pension and, gratuity.

 

(6)     The provisions in this Rule are in addition to those prescribed in Rule 71 of the Orissa Service Code.

Rule - 42. Voluntary retirement on completion of 20 years' qualifying service.?

 

(1)     At any time after a Government servant has completed twenty years' qualifying service, he may, by giving notice of not less than three months in writing to the appointing authority, retire from service.

(2)     The notice of voluntary retirement given under Sub-rule (1) shall require acceptance by the appointing authority.

 

Note - Such acceptance may be generally give in all cases except those (a) in which disciplinary proceedings are pending or contemplated against the Government servant concerned for the imposition of a major penalty and the disciplinary authority, having regard to the circumstances of the case, is of the view that the imposition of the penalty of removal or dismissal from service would be warranted in the case, or (b) in which prosecution is contemplated or have launched in a Court of Law against the Government servant concerned. If it is proposed to accept the notice of voluntary retirement in such cases, approval of the Government should be obtained :

 

Provided that where the appointing authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said period.

 

(3)     (a) A Government servant desirous of retiring under Sub-rule (1) may make a request in writing to the appointing authority to accept notice of voluntary retirement of less than three months giving reason therefor.

(b) On receipt of a request under Clause (a), the appointing authority subject to the provision of Sub-rule (2), may consider such request for the curtailment of the period of notice of three months on merits and if he is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience, the appointing authority may relax the requirement of notice of three months on the conditions that the Government servant shall not apply for commutation of a part of his pension before the expiry of the period of notice of three months.

(4)     This rule shall not apply to a Government servant who retires from Government service for being absorbed permanently in an autonomous body or a public sector undertaking to which he is on deputation at the time of seeking voluntary retirement.

 

Explanation - For the purpose of this rule, the expression appointing authority shall mean the authority which is competent to make appointment to the service or post from which Government servant seeks voluntary retirement.

(5)     The qualifying service as on the date of intended retirement of the Government servant retiring under this Rule, with or without permission shall be increased by the period not exceeding five years, subject to the condition that the total qualifying service rendered by the Government servant does not in any case exceed thirty-three years and it does not take him beyond the date of superannuation.

 

(6)     The pension and retirement gratuity of the Government servant retiring under this Rule shall be based on the emoluments as specified under Rule 48 and the increase not exceeding five years in his qualifying service shall not entitle him to any notional fixation of pay for the purposes of calculating pension and gratuity.

Rule - 43. Pension on absorption in or under a Corporation and Public Undertakings.?

 

(1)     [A Government servant who has been permitted to be absorbed in a service or post in or under a Corporation or Public Undertaking wholly or substantially owned or controlled by the Government or an Undertaking jointly controlled by the Government and Central Government or by the Government or any other State Governments to be in the public interest, be deemed to have retired from service from the date of such absorption, i.e. the date on which he actually joins that Corporation or Public Undertakings or Joint Sector Undertakings and shall be eligible to receive monthly pension and retirement gratuity under the usual Government arrangements.]

 

(2)     [* * *]

 

(3)     [Where a Government servant wishes to commute a portion of the pension, such commutation shall be regulated in accordance with the Government rules then in force.]

 

(4)     [* * *]

 

(5)     The total gratuity admissible in respect of the service rendered under the Government and that under the public sector undertaking shall not exceed the amount that would have been admissible had the Government servant continued in Government service and retired on the same pay which he drew on retirement from the public undertaking.

 

(6)     Any further liberalisation of pension rule decided upon by Government after the permanent absorption of a Government servant in a public undertaking shall not be extended him except where such liberalisation is sanctioned retrospectively with effect from a date prior to the date of such absorption.

Rule - 44. Pension absorption in or under Autonomous Bodies.?

 

(1)     (i) Where a Government servant borne on pensionable establishment is allowed to be absorbed in an autonomous body, where pension scheme is in operation, the service rendered by him/her under the Government shall be allowed to be counted towards pension under the autonomous body irrespective of whether the employee was temporary or permanent under Government.

 

(ii) The Government/Autonomous body will discharge its pensionary liability by paying in lump sum is a one-time payment, the pro-rata pension/ gratuity for the service up to the date of absorption in the autonomous body/ Government, as the case may be, lump sum amount of the pro-rata pension will be determined with reference to commutation table in force at the time of the absorption of such employee concerned.

(iii) A Government servant with Contributory Provident Fund benefits on permanent absorption in an autonomous body will have the option either to receive Contributory Provident Fund benefits which have accrued to him from the Government and start his service afresh in that body or choose to count service rendered in Government as qualifying service for pension in the autonomous body by foregoing Government's share in Contributory Provident Fund contributions with interest which will be paid to the concerned autonomous body by the concerned Government Department. The option shall be exercised within one year from the date of such absorption. If no option is exercised within the stipulated period, employee shall be deemed to have opted to receive Contributory Provident Fund benefit. The option once exercised shall be final.

(2)     (i) A Government servant borne on pensionable establishment, on absorption under an autonomous body where pension scheme is not in operation, shall be deemed to have retired from Government service from the date of such absorption and be allowed by the Government, in respect of his previous pensionable service rendered under Government a retirement benefit equal to an amount that Government would have contributed excluding interest had he been on Contributory Provident Fund terms under Government together with simple interest thereon at two per cent per annum for the period of his pensionable service and this may be credited to his Contributory Provident Fund account with the said body as an opening balance on the date of permanent absorption and the Government's liability of his pensionable service under them treated as extinguished by this payment :

 

Provided that this concession may be allowed by Government only if such permanent absorption is in the public interest.

Provided further that the Government shall have no liability for the payment of family pension in such a case.

(ii) In the case of absorption of a Government employee with Contributory Provident Fund benefits in such an autonomous Organisation, the amount of his subscription and the Government's contribution if any together with interest thereon shall be transferred to his new Provident Fund Account with the consent of that body.

 

(3)     An employee of an autonomous body on permanent absorption under the State Government will have the option either to receive Contributory Provident Fund benefits which have accrued to him from the autonomous body and start his service afresh in Government or choose to count service rendered under that body as qualifying service for pension in Government by foregoing employee's share of Contributory Provident Fund contributions with interest thereon which will be paid to the concerned Government Department by the autonomous body. The option shall be exercised within one year from the date of absorption. If no option is exercised within the stipulated period, the concerned employee shall be deemed to have opted to receive Contributory Provident Fund benefits in respect of his/her service under the autonomous body. The option once exercised shall be final.

 

Explanation - "State Autonomous Body" means body which is financed wholly or substantially from Cess or State Government Grants, "Substantially" means that more than 50 per cent of the expenditure of the autonomous body is met through Cess or State Government Grants. Autonomous Body includes a State Statutory Body or a University but does not include a public undertaking.

 

(4)     The employees of a State autonomous body or State Government, as the case may be, who have already been sanctioned or have received pro rata retirement benefits or other terminal benefits for their past service will have the option either ?

 

(5)     to retain such benefits and in that event their past service will not qualify for pension under the autonomous body or the State Government, as the case may be; or

 

(6)     to have the past service counted as qualifying service for pension under the new Organisation in which case the pro rata retirement benefits, if already received by them, will have to be deposited alongwith interest thereon from the date of receipt of these benefit till the date of deposit with the autonomous body or with the State Government, as the case may be. The right to count previous service as qualifying service shall not accrue until the whole amount has been refunded. In other cases, where pro rata retirement benefit have already been sanctioned but not paid, the concerned authorities shall cancel the sanction as soon as the individual concerned opts for counting of his previous service for pension and inform the individual in writing about accepting his option and cancellation of the sanction. The option shall be exercised within a period of one year from the date of absorption. If no option is exercised by such employees within the prescribed time limit, they will be deemed to have opted for retention of the benefits already received by them. The option once exercised shall be final.

 

(7)     Where no terminal benefits for the previous services have been received by the employees, the previous service in such cases will be counted as qualifying service for pension only if the previous employer accepts pension liability for the service in accordance with the principles laid down in this Rule. In no case pension contribution/ liability shall be accepted from the employee concerned.

 

(8)     Lump-sum payments to concerned authorities in terms of Sub-rule (4) shall be made within one of the dates of absorption of the employee.

 

(9)     These orders will be applicable only where the transfer of the employee from one Organisation to other was/is with consent of the Organisation under which he was/is serving earlier, including cases are the individual had secured employment directly on his own volition provided he had applied through proper channel/with proper permission of the administrative authority concerned.

Rule - 45. Grant of pension in case of compulsory retirement.?

 

(1)     A Government servant compulsorily retired from service as a measure penalty may be granted, by the authority competent to impose such penalty, pension or gratuity or both at a rate less than two-third and not more than full compensation pension or gratuity or both admissible to him on the date of his compulsory retirement.

 

(2)     Whenever in the case of a Government servant, the Governor passes an order awarding a pension less than the full compensation pension admissible under the rules, the Orissa Public Service Commission shall be consulted before such order is passed.

 

Explanation - For the purpose of this Sub-rule the expression 'pension' shall include gratuity.

 

(3)     A pension granted or awarded under Sub-rule (1) or, as the case may be, under Sub-rule (2), shall be less than the amount of minimum pension admissible.

Rule - 46. Compassionate allowance.?

 

(1)     A Government servant who is dismissed or removed from service shall forfeit his pension and gratuity:

 

Provided that the authority competent to dismiss or remove him from service may, if the case is receiving of special consideration, sanction a compassionate allowance not exceeding two-third of pension or gratuity or both which would have been admissible to him if he had retired on compensation pension.

 

(2)     A compassionate allowance sanctioned under the proviso to Sub-rule (1) shall not be less than the amount of minimum pension admissible.

 

(3)     On receipt of the order of the competent authority removing an officer from service for misconduct, insolvency, or inefficiency, the Head of Office, if he proposes to grant compassionate allowance shall fill in the application form for pension and send the same to the Accountant General for necessary action after due concurrence of Finance Department. The Head of Office shall not wait for receiving the application from the Officer.

CHAPTER-V

Determination of amount of pension

Rule - 47. Amount of pension.?

 

(1)     The amount of pension that may be granted shall be determined by the length of completed six monthly periods of service rendered by the retired Government servant.

 

(2)     In the case of a Government servant retiring in accordance with the provisions of these rules after completing qualifying service of not less than thirty-three years, the amount of pension shall be calculated at 50 percent of the emoluments last drawn preceding to retirement.

 

(3)     In the case of a Government servant retiring in accordance with the provisions of these rules before completing qualifying service of thirty-three years, but after completing qualifying service of ten years, the amount of pension shall be proportionate to the amount of pension admissible under Clause (1) and in no case amount of pension shall be less than [rupees one thousand two hundred seventy-five].

 

(4)     Notwithstanding anything contained in Clause (a) and Clause (b), the amount of invalid pension shall be less than the amount of family pension admissible under Clause (c) of Sub-rule (2) of Rule 56.

 

(5)     In calculating the length of qualifying service, a fraction of a year equal to three months and above but less than six months shall be treated as a completed one-half year and the period of six months and above shall be reckoned as two-half years.

 

(6)     The amount of pension finally determined under Clause (a) or Clause (b) of Sub-rule (2) shall be expressed in whole rupees and where pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee.

 

(7)     Where the pension paid for a part of the month due to the death of the pensioner or pension paid for a part of the month to the Government servant for any reason if worked out in fraction of a rupee, the said pension may be rounded off to the next higher rupee.

 

(8)     In the case of a Government servant retiring in accordance with the provisions of these rules before completing qualifying service of ten years, the amount of service gratuity shall be paid at a uniform rate of half month's emoluments for every completed six monthly period of service.

 

(9)     The amount of service gratuity as finally calculated shall be rounded off to the next higher rupee.

Rule - 48. Emoluments for calculation of pension.?

 

Emoluments for calculation of pension shall be the emoluments as defined in Rule 2(1)(e) which the Government servant was receiving immediately before his retirement.

 

Explanation - Stagnation increment shall be treated as emoluments for calculation of retirement benefit.

 

Note 1 - It during the last month of service, a Government servant had been absent from duty on leave from which leave salary, is payable or having been suspended had been reinstated the emoluments which he would have drawn had he not been absent from duty or suspended shall be the emoluments for the purpose of this rule.

 

Note 2 - Where a Government servant immediately before his retirement or death while in service has proceeded on leave for which leave salary is payable after having held a higher appointment whether in an officiating or temporary capacity the benefit of emoluments drawn in such higher appointment shall be given only if it is certified that the Government servant would have continued to hold the higher appointment but for his proceeding on leave.

 

Note 3 - If a Government servant immediately before his retirement or death while in service had been absent from duty on extraordinary leave or had been under suspension, the period whereof does not count as service, the emoluments which he drew immediately before proceeding on such leave or being placed under suspension shall be the emoluments for the purpose of this rule.

 

Note 4 - If a Government servant immediately before his retirement or death while in service, was on leave with allowances and earned the increment which was not withheld, such increment, though not actually drawn, shall form part of his emoluments.

 

Note 5 - Emoluments drawn by a Government servant while on foreign service shall not be reckoned for the purpose of pension, but the emoluments which he would have drawn under the Government had he not been on foreign service shall alone be treated as "emoluments".

 

Note 6 - Monetary allowances attached to Kings' Police Medal, Indian Police Medal, Fire Service Medal, shall not form the part of the emoluments of the recipient for the purpose of this rule.

 

Note 7 - Notwithstanding anything contained in these rules, no allowance shall be treated as emoluments for the purpose of this rule :

 

Provided that any increase in pay other than cases referred to in Notes (2) and (4) which is not actually drawn shall not form part of his emoluments.

CHAPTER-VI

Gratuity Payable on Death or Retirement

Rule - 49. Death/retirement gratuity.?

 

(1)     In the case of a Government servant, who has completed five years of qualifying service, on retirement from service shall be paid a Retirement Gratuity equal to one-fourth of his last emoluments for each completed six monthly period of qualifying service subject to a maximum of 16? times of the emoluments :

 

Provided that the amount of Retirement Gratuity so payable shall, in no case, exceed [two lakh and fifty thousand] rupees.

 

(2)     In the event of death, while in service, the Death Gratuity shall be admissible at the following rates :

 

(3)     There will be no ceiling on reckonable emoluments calculating gratuity:

 

Provided that the amount of Death Gratuity as finally calculating shall be rounded off to the next higher rupee.

 

(4)     If a Government servant, who has become eligible for a Service Gratuity or pension, dies within five year's from the date of his retirement from service including compulsory retirement as a penalty, and the sums actually received by him at the time of his death on account of such gratuity or pension including ad hoc increase, if any, together with the retirement gratuity admissible under Sub-rule (1) and the commuted value of any portion of pension commuted by him are less than the amount equal to 12 times of his emoluments, a residuary gratuity equal to the deficiency may be granted to his family in the manner indicated in Sub-rule (1) of Rule 50.

 

(5)     The emoluments for the purpose of gratuity admissible under this rule shall be reckoned in accordance with Rule 48.

 

(6)     Where the sanction of payment of gratuity is delayed for more than a year from the date is due under Sub-rules (1) or (2), as the case may be, and such delay is attributable to administrative lapses, interest at the rate of 7 per cent per annum for the period beyond one year shall be payable on the amount of gratuity :

 

Provided that where a Departmental or Judicial proceedings as the case may be, in respect of a pensioner, is continued or initiated under Rule 7, the gratuity shall become payable on the date of finalisation of such proceedings and the period of one year shall be reckoned from the date.

 

(7)     The payment of interest on delayed sanction of gratuity shall be ordered by the Secretary of the concerned Administrative Department.

 

(8)     Where the Secretary of the Administrative Department as referred to in Clause (b) is satisfied that the delay in sanction of gratuity has been caused on account of administrative lapses, he shall sanction payment of interest so payable with the concurrence of the Finance Department and approval of the Government.

 

(9)     In every case where the interest is so sanctioned and is paid, the amount of such interest shall be recovered from the pension sanctioning authority who is responsible for such delay.

 

(10)   No interest shall be payable under this Sub-rule where ?

 

(11)   delay in sanction of gratuity is due to the failure on the part of the pensioner to comply for sanction of gratuity with the requirements provided in these rules;

 

(12)   the amount of gratuity already paid to a pensioner is enhanced on account of retrospective revision of pay scale or emoluments or liberalisation of the rules affecting the quantum of gratuity consequent upon Government's decision taken subsequent to the retirement of a Government servant.

 

(13)   The provisions of this Sub-rule shall apply to ?

 

(14)   all cases of retirement made or death occurred while in service on or after the date of commencement of these rules; and

 

(15)   cases where gratuity has become payable prior to the date of commencement of these rules but pending on the said date provided the period of one year referred to in Clause (a) shall be reckoned with effect from the date of commencement of these rules.

 

(16)   For the purpose of this rule and Rules 50, 52 and 53, "family" in relation to a Government servant means ?

 

(i)       wife or wives (including judicially separated wife or wives) in the case of a male Government servant;

 

(ii)      husband (including judicially separated husband), in the case of a female Government servant;

 

(iii)     sons including step-sons and adopted sons;

 

(iv)    unmarried daughters including step daughters and adopted daughters;

 

(v)      widowed daughters including step-daughters and adopted daughters;

 

(vi)    father (including adoptive parents in the case of individuals whose personal law permit adoption;)

 

(vii)   mother (including adoptive parents in the case of individuals whose personal law permit adoption;)

 

(viii)  brothers below the age of eighteen years including stepbrothers;

 

(ix)    unmarried sisters and widowed sisters including stepsisters;

 

(x)      married daughters;

 

(xi)    children of a predeceased son; and

 

(xii)   children born out of void wedlock;

 

Rule - 50. Persons to whom gratuity is payable.?

 

(1)     A gratuity payable under Rule 49 shall be paid to the person or persons on whom the right to receive the gratuity has been conferred in the nomination made under Rule 53.

 

(2)     If there is no such nomination or if the nomination made is lost/ not traceable the gratuity shall be paid in the manner indicated below;

 

 

(3)     If there are one or more surviving members of the family as in Clauses (i), (ii), (iii) and (iv) of Sub-rule (6) of Rule 49 to all such members in equal shares;

 

(4)     If there are no such surviving members of the family as indicated in Sub-clause (i) above, but there are one or more members as in Clauses (v), (vi), (vii), (viii), (ix), (x), (xi) and (xii) of Sub-rule (6) of Rule 49 to all such members in equal shares.

 

(5)     If a Government servant dies after retirement without receiving the gratuity admissible under Sub-rule (1) of Rule 49, the gratuity shall be disbursed to the family in the manner indicated in Sub-rule (1).

 

(6)     The right of a female member of the family or that of a brother, of a Government servant who die while in service or after retirement, to receive the share of gratuity shall not be affected if the female member is married or re-marries or the brother attains the age of eighteen years, as the case may be, after the death of the Government servant and before receiving her or his share of the gratuity.

 

(7)     Where gratuity is granted under Rule 49 in favour of a minor member of the family of the deceased Government servant, it shall be payable to the guardian on behalf of the minor.

Rule - 51. Debarring a person from receiving gratuity.?

 

(1)     If a person who in the event of death of Government servant while in service, is eligible to receive gratuity under Rule 50 is charged with the offence of murdering the Government servant or for abetting in the Commission of such an offence, his claim to receive his share of gratuity shall remain suspended till the conclusion of the criminal proceedings instituted against him.

 

(2)     If on the conclusion of the criminal proceedings referred to in Sub-rule (1), the person concerned ?

 

(a)      is convicted of murder or for abetting in the murder of the Government servant, he shall not be paid his share of gratuity which shall be payable to other eligible members of the family, if any, in equal proportion;

 

(b)      is acquitted of the charge of murdering or abetting in the murder of the Government servant his share of gratuity shall be paid to him.

 

(3)     The provisions of Sub-rule (1) and Sub-rule (2) shall also apply to the undisbursed gratuity referred to in Sub-rule (2) of Rule 50.

 

Rule - 52. Gratuity in case of death/retirement in the absence of family members or nomination.?

 

Where a Government servant dies while in service or after retirement without receiving the amount of gratuity and leaves behind him no family, and

 

(a)      has made no nomination; or

 

(b)      the nomination made by him does not subsist, the amount of death/retirement gratuity payable in respect of such Government servant shall be payable to the person in whose favour a succession certificate in respect of gratuity in question has been granted by a competent Court of Law.

CHAPTER-VII

Nomination for Death/Retirement Gratuity

Rule - 53. Nomination. ?

 

(i)       A Government servant shall at any time after his appointment in a pensionable establishment, make a nomination in Form 3 or 4, as appropriate in the circumstances of the case, conferring on one or more persons the right to receive the gratuity payable under Rule 49 :

 

(ii)      Provided that if at the time of making the nomination ?

 

(iii)     the Government servant has a family, the nomination shall not be in favour of any person or persons other than the members of his family; or

 

(iv)    the Government servant has no family, the nomination may be made in favour of a person or persons, or a body of individuals, whether incorporated or not.

 

(v)      If a Government servant nominates more than one persons under Sub-rule (1), he shall specify in the nomination the amount of share payable to each of the nominees, in such manner as to cover the entire amount of gratuity.

 

(vi)    A Government servant may indicate in the nomination ?

 

(vii)   that in respect of any specified nominee who predeceases the Government servant, or who dies after the death of the Government servant but before receiving the payment of gratuity, the right conferred on that nominee shall pass to such other persons as may be specified in the nomination :

 

Provided that if at the time of making the nomination the Government servant has a family consisting more than one member, the persons so specified shall not be a person other than a member of his family :

 

Provided further that where a Government servant has only one member in his family, and a nomination have been made in his favour, it is open to the Government servant to nominate alternate nominee or nominees in favour of any person or a body of individuals, whether incorporated or not;

 

(viii)  that the nomination shall become invalid in the event of the happening of the contingency provided therein.

 

(ix)    The nomination made by a Government servant who has no family at the time of making it, or the nomination, made by a Government servant under the second proviso to Clause (1) of Sub-rule (3), where he has only one member in his family shall become invalid in the event of the Government servant subsequently acquiring a family, or an additional member in the family, as the case may be.

 

(x)      A Government servant may, at any time, cancel a nomination by sending a notice in writing to the Head of Office :

 

Provided that he shall, along with such notice, send a fresh nomination made in accordance with this rule.

 

(xi)    Immediately on the death of a nominee in respect of whom no special provision has been made in the nomination under Clause (i) of Sub-rule (3) or on the occurrence of any event by reason of which the nomination becomes invalid in pursuance of Clause (ii) of said sub-rule, the Government servant shall send to the Head of Office a notice in writing cancelling the nomination together with a fresh nomination made in accordance with this rule.

 

(xii)   Every nomination made (including every notice of cancellation, if any, given) by a Government servant under, this rule, shall be sent to the Head of Office.

 

(xiii)  The Head of Office shall, immediately on receipt of such nomination countersign it indicating the date of receipt and keep it under his custody and will send the acknowledgment receipt specified in the nomination to the Government servant immediately :

 

Provided that the Head of Office may authorise his subordinate Gazetted Officers to countersign nomination forms of non-gazetted Government servants.

 

(xiv)  Suitable entry regarding receipt of nomination shall be made in the Service Book of the Government servant concerned.

 

(xv)   Every nomination made and every notice of cancellation given, by a Government servant shall, to the extent that it is valid, take effect from the date on which it is received by the Head of Office.

Rule - 54. Gratuity payable to the family of the deceased Government servant on Contributory Provident Fund Scheme.?

 

If a Government servant being a subscriber to the Contributory Provident Fund (Orissa) dies while in service a gratuity not exceeding the following amounts may be paid to his family, namely :

 

(i)       in case of death after completing five years of service, a gratuity equal to the difference between twelve months emoluments and the amount of Government's contribution together with interest thereon standing to his credit in the fund;

 

(ii)      in case of death before completing five years of service a gratuity equal to the difference between his six months emoluments and the amount of Government's contribution together with interest thereon standing to his credit in the said fund;

 

(iii)     in case of death in the first year of service, gratuity equal to the difference between his two months' emoluments and the amount of Government's contribution together with interest thereon standing to his credit in the said fund.

Rule - 55. Manner of payment of minor's share in death/retirement gratuity to the guardian.?

 

Payment of the minor(s)' share of gratuity is to be made to the natural guardian of the minor(s') and in the absence of a natural guardian, to the person who furnishes a guardianship certificate. Where payment of minor(s') share of death/retirement gratuity is to be made to the natural/legal guardian, the sanction order issued to the Accountant-General shall contain the name of the natural/legal guardian in order to avail pending payment. The payment shall be regulated in the following manner, namely:

 

(1)     Where no valid nomination subsists ?

 

(a)      when a share is payable to minor sons or minor unmarried daughters, it should be paid to the surviving parent except in the case when the surviving parent happens to be a Muslim lady. Where, however, there is no surviving parent, or the surviving parent is a Muslim ; lady, payment will have to be made to the person producing the guardianship certificate.

 

(b)      When a share is payable to widowed minor daughter(s) production of a guardianship certificate would be necessary.

 

(c)      If the wife herself happens to be a minor, the death/retirement gratuity payable to her shall be paid to the person producing the guardianship certificate.

 

(d)      When the death/retirement gratuity becomes payable to a minor brother or a minor unmarried sister, the payment should be made to the father or, in his absence the mother of the beneficiary except in a case where the mother happens to be a Muslim lady. In this case too, if there is no surviving parent or the surviving parents happens to be a Muslim Lady, the payment will have to be made to the person producing the guardianship certificate. If any share is payable to a widowed minor sister, the production or guardianship certificate would be necessary.

 

(2)     In case of subsistence of a valid nomination ?

(a)      Where the nomination is in respect of one or more of the members of the family, the position stated against Sub-rule (1) above would apply;

 

(b)      Where there is no family, but the nomination is in favour of an illegitimate child or married sister the same would also be valid. The position would, therefore, be as follows ;

 

(c)      If the nominee is an illegitimate child, the shard shall be payable to the mother and in her absence, to the person who produces a guardianship certificate from competent Court;

 

(d)      Where the share is payable to a married minor girl, the same shall be payable to the husband.

 

(e)      A surviving step-mother is not a natural guardian of the minor child, and is not, therefore covered by the term 'Surviving Parent' used in Sub-rule (1)(a) above.

 

(3)     Death/retirement gratuity to the extent of rupees ten thousand (or the first rupees ten thousand where the amount payable exceeds rupees ten thousand) in favour of a minor may be made to his/her guardian; in the absence of a natural guardian; without the production of a formal guardianship certificate but subject to the production of an indemnity bond in Form-18 with suitable sureties to the satisfaction of sanctioning authority. The balance in excess of rupees ten thousand, if any, would become payable on the production of a certificate of guardianship.

 

Note - The indemnity bond shall be executed in Form-18 and the stamp duty shall be borne by the Government. The bond should be executed on any durable plain paper and signed by the obliger, and the surety/sureties of their respective attorneys and accepted by an officer duly authorised under Articles 299 (1) of the Constitution of India.

Rule - 56. Family Pension.?

 

(1)     The provisions of this rule shall apply-

 

(2)     to a Government servant entering service in a pensionable establishment on or after the 1st January, 1964; and

 

(3)     to a Government servant who was in service or retired or died on or before the 31st December, 1963 and come to be governed by the provisions of the Family Pension Scheme under Government contained in Finance Department Resolution No. 25582-F., dated the 22nd August 1964 along with rectifications thereto as in force before commencement of these rules. In all such pre-64 cases the arrear of family pension shall only be admissible with effect from the 13th December, 1977 or from a subsequent date the families became eligible for family pension whichever is later.

 

(4)     Without prejudice to the provisions contained in Sub-rule (4) where a Government servant dies ?

 

(a)      after completion of one year of continuous service, or

 

(b)      before completion of one year of continuous service provided the deceased Government servant concerned immediately prior to his appointment to the service or post was examined by the appropriate medial authority and declared fit by that authority for Government service; or

 

(c)      [after retirement from service and as on the date of death in receipt of pension, or compassionate allowance, referred to in Chapter IV other than the pension referred to in Rule 43 and 44, the family of the deceased shall be entitled to family pension, the amount of which shall be calculated at uniform rate of 30% of the emoluments and shall be subject to a minimum of Rs. 1275/- and maximum of Rs. 6000/- per month.]

Table

(5)     The amount of family pension shall be fixed at monthly rates and be expressed in whole rupees and where the family pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee :

 

Provided that in no case, a family pension in excess of the maximum amount shall be allowed.

 

(6)     Where a Government servant, who is not governed by the Workmen's Compensation Act, 1923 (8 of 1923), dies while in service after having rendered not less than seven years continuous service, the rate of family pension payable to the family shall be equal to 50 per cent of the last drawn or twice the family pension admissible under Sub-rule (2) whichever is less and the amount so admissible shall be payable from the date following the date of death of the Government servant for a period of seven years, or for a period up to the date on which the deceased Government servant would have attained the age of 65 years had he survived, whichever is less.

 

(7)     In the event of death of a Government servant after retirement, the family pension as determined under Sub-rule (i), shall be payable for a period of seven years, or for a period upto the date on which the retired/ deceased Government servant would have attained the age of 65 years had he survived, whichever is less :

 

Provided that in no case the amount of family pension determined under Sub-clause (ii) of this Clause shall exceed the pension authorised on retirement from Government service :

 

Provided further that while calculating double in family pension under Sub-rule (4) the rounding off is to be done at the final stage i.e., after doubling the amount of family pension initially calculated under Sub-rule (2).

 

Explanation - For the purpose of this sub-clause pension authorised on retirement includes the part of the pension which the retired Government servant may have commuted before his death ;

 

Provided further that where a compensation is not payable under the aforesaid Act, the head of office shall send a certificate to the Accountant-General, Orissa to the effect that the family of the deceased Government servant is not eligible for any compensation under the aforesaid Act and the family shall be paid family pension on the scale and for the period, mentioned in this Clause (a).

 

(8)     After the expiry of the period referred to in Clause (a) of Sub-rule (4) the family, in respect of family pension under that clause shall be entitled to family pension at the rate admissible under Sub-rule (2).

 

(9)     Where an award under the Orissa Civil Services (Extraordinary Pension) Rules, is admissible family pension under this Rule shall be authorised.

 

(10)   Period for which family pension is payable shall be as follows:

 

(a)      in the case of widow or widower, up to the date of death or remarriage whichever is earlier;

 

(b)      in the case of a son until he attains the age of twenty-five years or he starts earning of his livelihood whichever is earlier;

 

(c)      in the case of an unmarried daughter, until she attains the age of twenty-five years or until she gets married or until she starts earning her livelihood, whichever is earliest :

 

Provided that if the son or daughter of a Government servant is suffering from any disorder or disability of mind or is physically crippled or disabled so as to reader him or her, unable to earn a living even after attaining the age of twenty-five years the family pension shall be paid to such son or daughter for life subject to the following conditions, namely :

(d)      If such son or daughter is one among two or more children of the Government servant, the family pension shall be initially payable to the children in the order set out in Clause (c) of Sub-rule (7) hereinafter until the last child attains the age of twenty-five and thereafter the family pension shall be resumed in favour of the son or daughter suffering from disorder or disability of mind or who is physically crippled or disabled and shall be payable to him/her for life;

 

(e)      If there are more than one such children suffering from disorder or disability of mind or who are physically crippled or disabled, the family pension shall be paid in the order of their birth and the younger of them will get the family pension only after the elder next above him/her ceases to be eligible :

 

Provided that where the family pension is payable to such twin children it shall be paid in the manner set out in Clause (b) of Sub-rule (6) of this Rule.

 

(f)       the family pension shall be paid to such son or daughter through the guardian as if he or she is a minor;

 

(g)      before allowing the family pension for life to any such son or daughter, the sanctioning authority shall satisfy that the disability or disorder handicap is of such a nature so as to prevent him or her from earning his or her livelihood, then the same shall be evidenced by a certificate obtained from a medical officer not below the rank of Chief District Medical Officer setting out, as far as possible, the exact mental or physical condition of the child;

 

(h)     the person receiving the family pension as guardian of such son or daughter shall produce at every three years a certificate from medical officer not below the rank of a Chief District Medical Officer to the effect that he or she (the disabled pensioner) continue to suffer from disorder or disability of mind or continue to be physically crippled or disabled.

 

Explanation - As and when the disability referred to in proviso to Sub-rule (5) of this rule manifests itself in a child that makes him/her unable to earn his/her living, concerned Government servant/ pensioner or his/her nominee should bring this fact to the notice of the Head of Office, in writing duly supported by a Medical Certificate from a Medical Officer, not below the rank of a Chief District Medical Officer. The Head of Office should indicate this fact in Form 5 if the same has not been mentioned therein earlier. As and when the claim for family pension arises, the legal guardian of the child should make an application supported by a fresh Medical Certificate from a Medical Officer not below the rank of Chief District Medical Officer, that the child still suffers from the disability.

(i)       A daughter shall become ineligible for receiving family pension under this sub-rule from the date she gets married.

 

(j)       The family pension payable to such a son or daughter shall be stopped if he or she starts earning his/her livelihood.

 

(k)      Family pension payable under this sub-rule shall be stopped unless the guardian furnishes a certificate to the Treasury or Bank, as the case may be, every month that (i) he or she has not started earning his/her livelihood, (ii) in case of daughter that she has not yet married.

 

(11)   Where the family pension is payable to more than one widow the family pension shall be paid to widows in equal shares.

 

(12)   On the death of a widow, her share of the family pension shall become payable to her eligible child :

 

Provided that if the widow is not survived by any child, her share of the family pension shall not cease but shall be payable to the other widows in equal shares, or if there is only such other widow, in full, to her.

 

(13)   Where the deceased Government servant or pensioner is survived by a widow but has left behind eligible child or children from another wife who is not alive, the eligible child or children shall be entitled to the share of family pension which the mother would have received if she had been alive at the time of the death of the Government servant or pensioner.

 

(14)   Where the share or shares of family pension payable under this Rule to the eligible child or children or to a widow or widows, as the case may be, ceases or cease to be payable, such share or shares shall not lapse but shall be payable to the other child or children eligible, if any or as the case may be, to the other widow or widows, in equal shares, or, if there is only one widow or child, in full to such widow or child.

 

(15)   Where the family pension is payable to twin children it shall be paid to such children in equal shares :

 

Provided that when one such child ceases to be eligible his/ her share shall be payable to the other child and when both of them cease to be eligible, the family pension shall be payable to the next eligible, single child/twin children.

 

Note - After the commencement of the Hindu Marriage Act, 1955, any second marriage contracted by a Hindu male during the life-time of his first wife shall be void and the second wife shall not be entitled to the family pension as a legally wedded wife.

(16)   Except as provided in Sub-rule (6), the family pension shall not be payable to more than one member of the family at the same time.

 

(17)   If a deceased Government servant or pensioner leaves behind a widow or widower, the family pension shall become payable to the widow or widower, failing which to the eligible child. ?.

 

(18)   Family pension to the children shall be payable in the order of their birth irrespective of the child and the younger of them shall not be eligible for family pension unless the elder next above him/her has received or has become ineligible for receiving the family pension.

 

(19)   Provided that where the family pension is payable to twin children, it shall be paid in the manner set out in Clause (d) of Sub-rule (6) of this Rule.

 

(20)   Where a deceased Government servant or pensioner leaves behind him more than one child, the next eligible child shall be entitled to the family pension for the period mentioned in Clause (b) or Clause (c) of Sub-rule (5), as the case may be, after the expiry of that period the next child shall become unable for the grant of family pension.

 

(21)   Where family pension is granted under this Rule to a minor, it shall be payable to the guardian on behalf of the minor on submission of guardianship certificate.

 

(22)   If the deceased Government servant or pensioner has left behind neither a widow/widower nor an eligible child, the family pension shall be granted for life time to the father or in the absence of father to the mother.

 

(23)   If the father/mother is eligible to draw more than one family pension at the rate mentioned in Sub-rule (4), the total amount of family pension shall be limited to twelve thousand per mensem.

 

(24)   If one of the family pension ceases to be payable at the rate mentioned in Sub-rule (4) and in lieu thereof, the pension at the rate mentioned in Sub-rule (2) becomes payable, the amount of the total pension shall be limited to rupees twelve thousand per mensem.

 

(25)   If all the family pension are payable at the rates mentioned in Sub-rule (2), the amount of the total family pension shall be limited to rupees six thousand only.]

 

(26)   In case both wife and husband are Government servants and are governed by the provisions of this Rule and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving spouse and in the event of the death of such spouse, the surviving child or children shall be granted the two family pensions in respect of the deceased parents subject to the limits specified below, namely :

 

(27)   If the surviving child or children is or are eligible to draw two family pension at the rate mentioned in Sub-rule (4) the amount of both the pensions shall be limited to [twelve thousand (Rs. 12,000/-)] rupees per mensem;

 

(28)   If one of the family pensions cease to be payable at the rate mentioned in Sub-rule (4) in lieu thereof the pension at the rate mentioned in Sub-rule (2) becomes payable, the amount of both the pensions shall also be limited to [twelve thousand] rupees per mensem;

 

(29)   If both the family pensions are payable at the rates mentioned in Sub-rule (2) the amount of two pensions shall be limited to [six thousand] rupees per mensem.

 

(30)   Where a female Government servant or male Government servant dies living behind a judicially separated husband or widow and not child or children, the family pensions in respect of the deceased shall be payable to the person surviving :

 

Provided that wherein a case the judicial separation is granted on the ground of adultery and the death of the Government servant takes place during the period of such judicial separation, the family pension shall not be payable to the person surviving if such person surviving was held guilty of committing adultery.

 

(31)   Where a female Government servant or male Government servant dies living behind a judicial separated husband or widow with a child or children, the family pension payable in respect of the deceased shall be payable to the surviving person provided that, he or she is the guardian of such child or children.

 

(32)   Where the surviving person has ceased to be the guardian of such child or children, such family pension shall be payable to the person who is the actual guardian of such child or children.

 

(33)   Where the deceased Government servant or pensioner is survived by a widow but has left behind eligible child or children from a divorced wife or wives the eligible child or children shall be entitled to the share of family pension which the mother, would have received at the time of the death of the Government servant or pensioner had she not been so divorced.

 

(34)   If a person, who in the event of the death of a Government servant while in service, is eligible to receive family pension under this Rule, is charged with the offence of murdering the Government servant and for abetting in the commission of such an offence, the claim of such a person, to receive the family pension shall remain suspended till the conclusion of the criminal proceedings instituted against him.

 

(35)   If on the conclusion of the criminal proceedings referred to in Clause (a), the person concerned ?

 

(36)   is convicted for the murder or abetting in the murder of the Government servant, such a person shall be debarred from receiving the family pension which shall be payable to other eligible member of the family, from the date of death of the Government servant;

 

(37)   is acquitted of the charge of murder or abetting in the murder of the Government servant the family pension shall be payable to such a person from the date of death of the Government servant.

 

(38)   The provision of Clause (a) and Clause (b) of Sub-rule (13) shall also apply for the family pension becoming payable on the death of a Government servant after his retirement.

 

(39)   As soon as a Government servant enters Government service he shall give the detail of his family in Form 5 to the Head of Office.

 

(40)   If the Government servant has no family, he shall furnish the details in Form 5 as soon as he acquires a family.

 

(41)   The Government servant shall communicate to the Head of Office any subsequent change in the size of his family, including the fact of marriage of his female child.

 

(42)   The Head of Office shall, on receipt of the details in Form 5 get it pasted on the service book of the Government servant concerned and acknowledge the receipt of the said Form and all further communications received from the Government servant in this behalf.

 

(43)   The Head of Office of communication from the Government servant regarding any change in the size of family shall make the entry regarding the changes in Form 5 pasted on the service book.

 

(44)   Family Pension admissible under this rule shall not be granted to a person who is already in receipt of family pension or is eligible therefore under any other Rules of Public Sector Undertaking Autonomous Bodies/ Local Bodies.

 

Provided that a person who is otherwise eligible for family pension under this Rule may opt to receive family pension under this Rule if he foregoes family pension from any other source.

 

(45)   For the purposes of this Rule ?

 

(46)   'continuous service' means, service rendered in a pensionable establishment and does not include ?

 

(47)   period of suspension, if any, which does not count for pension on termination of proceedings; and

 

(48)   period of service, if any rendered before attaining the age of eighteen years.

 

(49)   'Family' in relation to a Government servant means

 

(50)   wife in the case of a male Government servant or husband in the case of a female Government servant.

 

Explanation - (1) The benefit of family pension shall also be admissible to the post-retiral spouses from the date following the date of death of the pensioner.

 

(2) Life-time arrears, wherever admissible, of family pension in respect of spouses of the deceased post retiral-spouses would also be payable to their family members, heirs where the spouse eligible for family pension was alive on the date of eligibility and who dies subsequently to that date, for the period from the date of eligibility to the date of death.

 

(51)   A judicially separated wife or husband, such separation not being granted on the ground of adultery and the person surviving was not held guilty of committing adultery;

(52)   son/unmarried daughter who has not attained the age of twenty-five years including such son and daughter adopted, legally.

 

(53)   Child includes a posthumous child of the Government servant,

 

(54)   [father/mother]

 

(55)   In case of married female Government servant/pensioner in absence of eligible family members, her father-in-law/mother-in-law shall be treated as father/mother respectively for grant of family pension.]

 

(56)   'Emoluments' means the emoluments as specified in Rule 48.

 

(57)   Nothing contained in this Rule shall apply to ?

 

(a)      a re-employed Government servant who had retired before the 1st January 1964 from ?

 

(b)      civil service on retiring pension or superannuation pension, or

 

(c)      military service on retiring pension, service pension or invalid pension, and who, on the date of re-employment, had attained the age of superannuation applicable to the post in which he is re-employed;

 

(d)      a military pensioner who retired from military service on or after the 1st January, 1964 and who on the date of the re-employment in a civil service or civil post had attained the age of superannuation applicable to the post in which he is re-employed;

 

(e)      a Government servant referred to in Rules 43 and 44 who on his absorption in a corporation or company wholly or substantially owned or controlled by the Government any other body incorporated or not, is governed by the provisions of the family pension scheme of the suit establishment;

 

(f)       employees paid from contingencies;

 

(g)      work-charged staff;

 

(h)     casual labourers; and

 

(i)       officers employed on contract.

 

(58)   Family pension and death gratuity to the family members of the Government employees who disappears or absconded from the Government service shall be as follows :

 

(59)   When an employee disappears or absconded while in service leaving his family, the family shall be paid at the first instance the amount of arrear salary due if any and leave encashment due. The house rent, if any for the month(s) in respect of which the salary is due shall be recovered from the amount of salary payable to the family.

 

(60)   After the elapse of a period of one year, other benefits like death gratuity/family pension including arrears shall also be granted to the family provided that the concerned family shall intimate the fact of disappearance of the Government servant to the Head of Office under where the Government servant served last for the purpose of sanction of the benefits. Where the Head of Office is not the pension sanctioning authority of the disappeared Government servant he will send the papers with recommendation/comments to the pension sanctioning authority who will sanction the benefits under Sub-rule (2) or (4), as the case may be, after observing the following formalities, namely:

 

(a)      An F.I.R. should be lodged with the nearest Police Station under intimation to the concerned Head of Office. The Head of Office should obtain a report from the Police Station through the District Police Officer that the employee has not been traced out after all efforts made by police.

 

(b)      An indemnity Bond in Form 19 shall be taken from the dependants of the employee that all payments will be adjusted against the payments due to the employee in case he appeals on the scene and makes any claim;

 

(c)      The Head of Office shall assess all Government dues outstanding against the Government servants and effect their recovery in accordance with Rule 68 of these Rules and any other instruction in force for effecting recovery of Government dues.

 

(d)      The family shall apply to the Head of Office of the Government servant, for grant of family pension and death gratuity after one year from the date of disappearance of the Government servant in accordance with the prescribed procedure.

 

(61)   When a retired Government servant disappears leaving his family, the family shall be paid in the first instance, the amount of arrear salary and leave encashment due, if any. The house rent, if any, for the month(s) in respect of which the salary is due shall be recovered from the amount of salary payable to the family.

 

(62)   After the elapse of a period of one year from the date of disappearance, other benefits like family pension, retirement gratuity and arrears of pension, if any, shall also be granted to the family provided that the concerned family shall intimate the fact of disappearance of the retired Government employee to the Head of Office under whom the employee served last for the purpose of sanction of the benefits. Where the Head of Office is not the pension sanctioning authority of the disappeared retired employee he shall send the papers with recommendation/comments to the pension sanctioning authority who shall sanction the benefits after observing the following formalities, namely :

 

(a)      The family must have lodged a report with the concerned Police-Station and obtained a report to the effect that the retired employee has not been traced after all effects had been made by the Police.

 

(b)      An Indemnity Bond in Form 20 shall be taken from the dependants who will receive the said benefits of the retired employee that all payments will be adjusted against the payments due to the retired employee in case he re-appears and makes any claim.

 

(c)      The Head of Office shall assess all Government dues outstanding against the retired employee and effect recovery of the same in accordance with Rule 68 of these Rules, and any other instructions/ orders in force.

 

(d)      The family shall apply to the concerned Head of Office of the retired employee for grant of family pension, retirement gratuity, if any, and arrears of pension, if any, after one year from the date of disappearance of the retired employee in accordance with the prescribed procedure.

 

Note - 1. In both the cases covered under Sub-rules (19) and (20) ibid, the date of disappearance of the employee/pensioner will be reckoned from the date of lodging the First Information Report of one year after which the benefits of family pension normal/enhanced rate and gratuity are to be sanctioned will also be calculated from date of F.I.R. The benefits to be sanctioned to the family etc., of the missing employee, pensioner will be based on the rules applicable as on the last date of his/her duty including authorised period of leave. The emoluments for this purpose are as specified in Rule 48.

2. In the case of missing pensioner, the family pension at the rates indicated in the Pension Payment Order shall be payable as authorised by the Accounts Officer. Where the Pension Payment Order does not contain this information, the pension sanctioning authority shall take necessary action to sanction the family pension as due at Note 1 above.

3. Death gratuity shall also be payable to the families but not exceeding the amount which would have been payable as retirement gratuity if the person had retired. The difference between retirement gratuity and death gratuity shall be subsequently payable either after the death is exclusively established or on the expiry of seven years from the date of missing.

4. The benefits covered under Sub-rules (19) and (20) shall only be admissible in genuine cases of disappearance under normal circumstances and not the cases in which officials disappear after committing frauds, etc. In latter type of cases the family pension can be sanctioned only to the Government employee/pensioner being acquitted by the Court of law or after the conclusion of the disciplinary proceedings etc., as the case may be.

CHAPTER-VIII

Procedure for grant of pension

Rule - 57. Preparation of list of Government servants due for retirement.?

 

(1)     Every Head of Office shall have a list prepared every six months, that is, on the 1st day of January, and the 1st day of July each year of all Government servants working under him who are due to retire within the next 24 to 30 months.

 

(2)     A copy of every such list shall be supplied to the Accountant-General, Orissa, Appointing Authority, Administrative Department concerned, Director of Treasuries and Inspection, Orissa, and the Estate Officer or the competent authority, as the case may be (if the Government servant concerned is an allottee of Government accommodation), not later than the 31st of January or the 31st of July, as the case may be, of that year in the Form 1.

 

(3)     In the case of a Government servant retiring for reasons other than by way of superannuation, the Head of Office shall promptly inform the authorities stated in Sub-rule (2) as soon as the fact of such retirement becomes known to him.

Rule - 58. Preparation of pension papers.?

 

(1)     Every Head of Office shall undertake the work of preparation of pension papers in Form 7 two years before the date on which a Government servant is due to retire on superannuation. Where the retiring Government servant is himself the Head of Office/Head of Department, the preparation of pension papers shall be undertaken by the Head of Department/Administrative Department, as the case may be.

 

(2)     The Head of Office shall be responsible for obtaining the particulars from the Government servant at least one year before the date of retirement in Form 6 and complete the processing of pension papers as early as possible and in no case not later than eight months in advance of the date of retirement of the employee.

 

(3)     Where the Head of Office is not the appointing authority pension papers shall be transmitted to the appointing authority one year before the date of retirement of the Government servant and the Head of Office shall take the action, well in advance, keeping this time-limit in view.

Rule - 59. Stages for processing of pension papers.?

 

(1)     The Head of Office shall go through the service book and the service roll, if any, of the Government servant and satisfy, himself as to whether the certificates of verification for the entire service period are recorded therein.

 

(2)     In respect of the unverified portion or portions of service he shall, arrange to verify the portion or portions of such service, as the case may be, with reference to pay bills, acquittance rolls or other relevant records and record necessary certificates in the service book or service roll, as the case may be.

 

(3)     If the service for any period is not capable of being verified in the manner specified in Sub-rule (1) and Sub-rule (2), that period of service if rendered by the Government servant in another office or Department, reference shall be made to that office/Department in which the Government servant is shown to have served during that period for the purpose of verification.

 

(4)     If any portion of service rendered by a Government servant is not-capable of being verified in the manner specified in Sub-rule (1) or Sub-rule (2) or Sub-rule (3) the Government servant shall be asked to file a written statement on plain paper stating that he had in fact rendered that period of service and shall at the foot of the statement, make and subscribe to a declaration as to the truth of that statement, and shall in support of such declaration produce documentary evidence and furnish all information which is in his power to produce or furnish.

 

(5)     The authority competent to sanction pension to that Government servant shall, after taking into consideration the facts in the written statement and the evidence produced and the information furnished by that Government servant in support of the said period of service, admit that portion of service as having been rendered for the purpose of calculating the pension of that Government servant.

Rule - 60. Making good omission in the Service Book.?

 

(1)     The Head of Office while scrutinising the certificates of verification of service, shall also verify if there are any other omissions, imperfections or deficiencies which have a direct bearing on the examination of emoluments and the service qualifying for pension.

 

(2)     Every effort shall be made to complete the verification of service, as in Rule 59 and to make good omissions, imperfections or deficiencies referred to in Sub-rule (1) above. Any omissions, imperfections or deficiencies including the portion of service shown as unverified in the Service Book which has not been possible to verify in accordance with the procedure laid down in Rule 59 shall be treated as qualifying service for the purpose of pension unless there is specific entry in the Service Book/Record to the contrary.

 

(3)     For the purpose of calculation of 'emoluments' the Head of Office shall verify from the Service Book the correctness of emoluments drawn or to be drawn for last twelve months preceding the date of retirement.

Rule - 61. Completion of pension papers.?

 

The Head of Office shall complete Part I of Form 7 not later than 6 months of the date of retirement of the Government servant.

Rule - 62. Forwarding of pension papers to the appointing authority/ Accounts Officer.?

 

(1)     After completing Part I portion of Form 7 the Head of Office shall forward the same along with Form 6 to the appointing authority (where the Head of Office is not the appointing authority) with the service book/ service roll of the Government servant duly completed up to date and any other documents relied upon for the verification of the service.

 

(2)     The appointing authority shall sanction the pension in Part II of Form 7 and intimate the same to the Accountant-General Orissa in Form 9 not later than four months before the date of retirement of Government servant.

 

(3)     It shall be the sole responsibility of the pension sanctioning authority to forward the pension on only pension papers to the Accountant-General in time prescribed under Clause (i) of this Sub-rule (1) and Sub-rule (2) of Rule 75 failing which he shall be liable for disciplinary action.

 

(4)     The appointing authority at the time of forwarding the pension papers of a Government servant to the Accounts Officer, should prepare in triplicate a certificate calculation sheet, in Form 8 and forward it to the Accounts Officer, along with the pension papers and shall retain an additional copy as his office copy.

 

(5)     The Accounts Officer, while issuing the pensionary authorisation, countersign the calculation sheet verified by the appointing authority, retain one copy (out of three received by him from the appointing authority) and forward one copy as countersigned by him to the pensioner, along with the intimation of his having sent the pension payment order to the Treasury. The other certified copy of the calculation sheet as countersigned by the Accounts Officer shall be returned to the appointing authority concerned, and shall keep the same in a guard file with a proper index for future reference.

Rule - 63. Intimation to Accounts Officer regarding any event having bearing on pension.?

 

(1)     If after the pension papers have been forwarded to the Accounts Officer within the period specified in Sub-rule (2) of Rule 62 any event occurs which has a bearing on the amount of pension admissible, the fact thereof shall immediately be reported to the Accounts Officer by the appointing authority.

 

(2)     The appointing authority after ascertaining and assessing the Government dues in Rule 68 shall furnish the particulars thereof to the Accounts Officer at least two months before the date of retirement of a Government servant so that the dues are recovered out of the gratuity before its payment is authorised.

 

(3)     If, after the particulars of Government dues have been intimated to e Accounts Officer under Sub-rule (2) any additional Government dues me to the notice of the appointing authority, such fact shall be promptly ported to the Accounts Officer.

Rule - 64. Authorisation of pension and gratuity by the Accounts Officer.?

 

(1)     On receipt of pension papers referred to in Rule 62 the Accounts Officer shall undertake the requisite checks record the account enfacement in Part III of Form 7 and assess the amount of pension and gratuity and issue the pension payment order not later than one month in advance of the date of the retirement of the Government servant if the pension is payable in his unit of Account Circle.

 

(2)     If the pension is payable in other than his unit of Account Circle the Accounts Officer shall send the pension payment order along with a copy of Form 7 and the accounts enfacement to the Accounts Officer of that unit of Account Circle for arranging the payment.

Rule - 65. Provisional pension.?

 

(1)     In cases where, it may not be possible for the appointing authority to forward the pension papers referred to in Rule 62 to the Accountant-General, Orissa within the period prescribed therein after following due procedure, or where the pension papers have been forwarded to the Accountant-General, Orissa within the prescribed period but the Accountant-General has either not issued the pension payment order in time or has returned the pension papers to the Pension Sanctioning Authority soliciting further information before issue of pension payment order and order for the payment of gratuity the Pension Sanctioning Authority in such a case it is of the opinion that the Government servant is likely to retire before sanction of his pension and gratuity or both and such pension and gratuity cannot be finally assessed and settled in accordance with the provisions of these rules prior to the date of retirement, he shall without delay, take steps to determine the qualifying years of service and emoluments qualifying for pension after the most careful summary investigations that may be made. For this purpose he shall-

 

(2)     rely upon such information as may be available in the official records; and

 

(3)     ask the retiring Government servant to furnish a written statement on plain papers stating the total length of qualifying service including details of emoluments last drawn but excluding the breaks/other non-qualifying periods of service.

 

(4)     The Government servant while furnishing the statement as in Clause (ii) of Sub-rule (1) shall at the foot of the statement make and subscribe to a declaration as to the truth of the statement.

 

(5)     The Pension Sanctioning Authority shall thereafter determine the qualifying years of service and the emoluments qualifying for pension in accordance with the information available in the office records and the information obtained from the retiring Government servant under Sub-rule (1). He shall, then determine the amount of provisional pension and the amount of provisional gratuity.

 

(6)     After the amount of pension and gratuity have been determined under Sub-rule (3), the Pension Sanctioning Authority shall take further action as follows :

 

(a)      He shall issue a sanction order, in Form 17 endorsing a copy thereof to the Accounts Officer/Head of Office/ Government Servant/ Treasury Officer authorising ?

 

(b)      100 per cent of pension as determined under Sub-rule (3) as provisional pension till the final pension authorised by the Accountant-General, Orissa; and

 

(c)      100 per cent of the gratuity as provisional gratuity as determined under Sub-rule (3) withholding ten per cent of such gratuity or one thousand rupees, whichever is less.

 

(d)      He shall also indicate in the sanction letter the amount recover from the gratuity under Sub-rule (2) of Rule 63. After issue of the sanction order the Head of Office shall draw.

 

(e)      the amount of provisional pension; and

 

(f)       the amount of provisional gratuity after deducting therefrom the amount mentioned in Sub-clause (ii) of Clause (a) and the dues, if any, mentioned in Rule 68 in the same manner as pay and allowances of the establishment are drawn by him.

 

(7)     The amount of provisional pension and gratuity payable under Sub-rule (4) shall, if necessary be revised on the completion of the detailed scrutiny of records.

 

(8)     As soon as the amount of final pension and the amount of final gratuity are determined by the appointing authority, he shall intimate the same to the Accountant-General, Orissa. On receipt of the report, the Accountant-General, Orissa shall ?

 

(9)     issue the pension payment order,

 

(10)   direct the Treasury Officer to draw and disburse the difference between the final amount of gratuity and the amount of provisional gratuity paid under Sub-clause (ii) of Clause (b) of Sub-rule (4) after adjusting the Government dues, if any, which may have come to notice after the payment of provisional gratuity.

 

(11)   If the amount of provisional pension disbursed to a Government servant under Sub-rule (4) is on its final assessment, found to be in excess of the final pension assessed by the Accounts Officer, it shall be open to the Accounts-Officer to adjust the excess amount of pension out of gratuity withheld under Sub-clause (ii) of Clause (a) of Sub-rule (4) or direct the disbursing officer to recover the excess amount of pension in instalments by making short payment of the pension payable in future.

 

(12)   If the amount of provisional gratuity disbursed by the Head of Office under Sub-rule (4) is larger than the amount finally assessed the excess so paid shall be adjusted against commuted value of pension or by making short payment in pension in suitable instalment.

 

(13)   The appointment authority shall ensure that chances of disbursing amount of gratuity in excess or the amount finally assessed are minimised.

 

(14)   If the provisional pension or gratuity or both sanctioned under Sub-rule (4) is desired to be received by the pensioner through money-order or bank-draft, the same shall be remitted to him through money-order or bank draft at his cost :

 

Provided that in the case of any amount of pension, not exceeding the amount specified in Note 3 of Subsidiary Rule 310 of the Orissa Treasury Code, Volume I plus the amount of temporary increase on pension that amount shall at the request of the pensioner in writing be remitted to him by money-order at the cost of the Government.

Rule - 66. Grant of provisional pension where departmental or judicial proceeding is pending.?

 

(1)     Where departmental or judicial proceedings are pending in respect of Government servant on the date of his retirement, referred to in, he shall be paid a provisional pension not exceeding the maximum pension which would have been admissible on the basis of qualifying service up to the date of retirement of the Government servant; or if he was under suspension on the date of retirement up to the date immediately preceding the date on which he was placed under suspension.

 

(2)     No gratuity shall be paid to the Government servant until the conclusion of the Departmental or judicial proceedings and issue of final order thereon :

 

Provided that where departmental proceedings have been instituted under Rule 16 of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 for imposing any of the penalties specified in Clauses (i), (ii), and (iii-A) of Rule 13 of the said rules, the payment of gratuity shall be authorised to be paid to the Government servant.

 

(3)     The provisional pension shall be authorised during the period commencing from the date of retirement up to and including the date on which, after the conclusion of departmental or judicial proceeding, final orders are passed by the competent authority.

 

(4)     The authority competent to sanction pension shall be the authority competent to sanction provisional pension.

 

(5)     Payment of provisional pension made under Sub-rule (1) shall be adjusted against final retirement benefits sanctioned to such Government servant upon conclusion of such proceedings but no recovery shall be made where the pension finally-sanctioned is less than the provisional pension or the pension is reduced or withheld either permanently or for a specified period.

Rule - 67. Government servants on deputation.?

 

(1)     In the case of Government servant who retires while on deputation to the Central/ other State Government no recovery of proportionate pension will be made from Central/another State Government under whom he had served, his period of deputation shall be counted towards qualifying service for the purpose of pension.

 

(2)     In the case of Government servant who retires from service while on foreign service, action to authorise pension and gratuity in accordance with provisions of these Rules shall be taken up by the Head of Office by whom he has been sent on deputation on foreign service.

Rule - 68. Recovery and adjustment of Government dues.?

 

(1)     It shall be the duty of the Head of Office to ascertain and assess Government dues payable by Government servant due for retirement.

 

(2)     The Government dues as ascertained and assessed by the Head of Office which remain outstanding till the date of retirement of the Government servant shall be adjusted against the amount of the retirement gratuity becoming payable.

 

(3)     The expression 'Government dues' includes ?

 

(a)      dues pertaining to Government accommodation including arrears of licence fee, if any :

(b)      dues other than those pertaining to Government accommodation, namely, balance of house building or conveyance or any other advance, overpayment of pay and allowances or leave salary and arrears of income tax deductable at the source under the Income Tax Act, 1961 (43 of 1961).

 

(c)      For the purpose of issue of 'No Demand Certificate' the pension sanctioning authority will enquire from the offices in which the retiring Government employee worked during the last three years of his/her service.

 

(d)      For the purpose of 'No Demand Certificate' the report of Drawing and Disbursing Officer for settlement of discrepancies on adjustment of any loans/ advances and the interest thereon shall be acceptable by the Accounts Officer, where details of such adjustment are neither available nor posted on the ledger maintained in his office.

Rule - 69. Adjustment and recovery of dues pertaining to Government accommodation-intimation for issue of 'No Demand Certificate'.?

 

(1)     The Head of Office shall write to the authority in charge of Government accommodation at least two years before the anticipated date of retirement of the Government servant who is in occupation of a Government accommodation (hereinafter referred to as 'allottee') for the issue of a 'No Demand Certificate' in respect of the period preceding to eight months of retirement of the allottee.

 

(2)     The authority in charge of Government accommodation on receipt of intimation from the Head of Office shall scrutinise its records and inform the Head of Office eight months before the date of retirement of the allottee, if any licence fee was recoverable from him in respect of the period prior to eight months of his retirement. If no intimation in regard to recovery of outstanding licence fee is received by the Head of Office by the stipulated date, it shall be presumed that no licence fee was recoverable from the allottee in respect of the period preceding to eight months of his retirement.

 

(3)     The Head of Office shall ensure that licence fee for the next eight months, that is up to the date of retirement of the allottee is recovered every month from the pay and allowances of the allottee.

 

(4)     Where the authority in charge of Government accommodation intimates the amount of licence fee recoverable in respect of the period mentioned in Sub-rule (2) the Head of Office shall ensure that outstanding licence fee is recovered in instalments from the current pay and allowances of the allottee and where the entire amount is not recovered from the pay and allowances, the balance shall be recovered out of the gratuity before its payment is authorised.

 

(5)     The authority in charge of Government accommodation shall also inform the Head of Office the amount of licence fee for the retention of Government accommodation for the permissible period of four months beyond the date of retirement of the- allottee. The Head of Office shall adjust the amount from gratuity together with unrecovered licence fee if any mentioned in Sub-rule (4).

 

(6)     If in any particular case, it is not possible for the authority in charge of Government accommodation to determine the outstanding licence fee, that the said authority shall inform the Head of Office that ten per cent to the gratuity or one thousand rupees, whichever is less, may be withheld pending receipt of further information.

 

(7)     The recovery of licence fee for the occupation of the Government accommodation beyond the permissible period of four months after the date of retirement of allottee shall be the responsibility of the authorities in charge of Government accommodation or the authority competent to allot quarters.

 

Note - For the purpose of this Rule, the licence fee shall also include any other charges payable by the allottee for any damage or loss caused by him to the Government accommodation or its fittings.

Rule - 70. Adjustment and recovery of dues other than dues pertaining to Government accommodation.?

 

(1)     For the dues other than the dues pertaining to occupation of Government accommodation as referred to in Clause (b) of Sub-rule (3) of Rule 68 of the Head of Office shall take steps to assess the dues two years before the date on which a Government servant is due to retire on superannuation.

 

(2)     The assessment of Government dues referred to in Sub-rule (1) shall be completed by the Head of Office eight months prior to the date of the retirement of the Government servant.

 

Note - Where the Government dues outstanding against the pensioner could not be finalised due to the reasons attributable to the retired Government Servant, the Pension Sanctioning Authority shall issue three reminders in registered cover at an interval of fifteen days between each reminder to the pensioner and thereafter finalise the Government dues unilaterally and intimate to the Accountant-General for authorising retirement gratuity after recovery of the outstanding Government dues.

(3)     The dues as assessed under Sub-rule (2) including those dues which come to notice subsequently and which remain outstanding till the date of retirement of the Government servant shall be adjusted against the amount of death or retirement gratuity becoming payable to the Government servant on his retirement.

 

Explanation - (1) The Co-operative Societies are not Government organisations and any dues to them cannot be related as dues to Government. No recovery of such dues can be made from the death/retirement gratuity.

 

(2) The term 'Government dues' covers only the dues payable to the Government and does not include the dues while on deputation. In other words, the sum due from the officer to an autonomous Organisation is not Government dues and so cannot be recovered out of death or retirement gratuity payable by the Government to the officer, except where the Government servant has given his consent in writing to such a recovery being made from his gratuity, which has become payable to him.

 

(3) Missing of Government journals and books etc., are Government dues. In any particular case if the Government servant is charged with the loss of Government journals and books, etc., and it is not possible to get back the said journals or books, the pension sanctioning authority may order to deduct cost of such books and journals out of the death or retirement gratuity payable to the person concerned.

Rule - 70A. Recovery of over payment.?

 

Any over payment to a retired Government employee or his/her family on account of final payment of General Provident Fund, Gratuity, Pension and Temporary increase detected before or after retirement, not being legally due to such retired employee or his/her family, shall be deemed to be Government dues and shall be recovered from his/her gratuity and/or Temporary Increase on pension.

 

Note 1 - When excess payment is made in the General Provident Fund Account, of a subscriber, such excess amount over and above the amount standing at the credit of the subscriber is charged on the consolidated fund of the state and as such, such over-payment is to be treated as Government dues. Similarly excess payment of Pension, Gratuity or Temporary Increase over what is due to a retired Government servant or his/her family, is a payment by Government not due to him/ her and therefore, shall be treated as Government dues.

 

Note 2 - Government servant shall furnish the declaration in duplicate required in Orissa Civil Services (Pension) Form 5-A to the Head of Office before his/her retirement. One copy of such declaration shall be retained by the Pension Sanctioning Authority and another copy be sent along with pension paper to the Accountant-General Orissa.]

Rule - 71. Revision of pension after authorisation.?

 

(1)     Subject to the provisions of Rules 6 and 7 pension once authorised after final assessment shall not be revised to the disadvantage of the Government servant, unless such revision becomes necessary on account of detection of a clerical error subsequently in the pension payment order :

 

Provided that no revision of pension to the disadvantage of the pensioner shall be ordered by the appointing authority without the concurrence of the Finance Department if the clerical error is detected after period of two years from the date of authorisation of pension.

 

(2)     In case of revision made to the disadvantage of the pensioner under Sub-rule (1), the retired Government servant concerned shall be served with a notice by the appointing authority requiring him to refund the excess payment of pension within a period of two months from the date of receipt of notice by him.

 

(3)     In case the Government servant fails to comply with the notice, the appointing authority shall, by order in writing direct that such excess payment shall be adjusted in instalments by short payment of pensions in future, in one or more instalments; as the appointing authority may direct.

CHAPTER-IX

Sanction of family pension and death gratuity in respect of Government servants dying while in service

Rule - 72. Obtaining the claims for family pension and death gratuity.?

 

(1)     Where the Head of Office has received an intimation ascertain whether any death gratuity or family pension or both is or are payable in respect of the deceased Government servant.

 

(2)     Where the family of the deceased Government servant is eligible for death gratuity under Rule 49 the Head of Office shall ascertain,-

 

(3)     if the deceased Government servant had nominated any person or persons to receive the gratuity; and

 

(4)     if the deceased Government servant had not made any nomination or the nomination those made either does not subsist or found to be invalid, the persons to whom the gratuity may be payable.

 

(5)     The Head of Office shall, then, address the person concerned in Form 10 or Form 11 as may be appropriate for making claim in Form 12.

 

(6)     Where the family of the deceased Government servant is eligible under Rule 56 for the family pension ?

 

(7)     The Head of Office shall address the widow or widower in Form 13 for making a claim in Form 14; and

 

(8)     Where the deceased Government servant is survived only by a child or children, the guardian of such child or children may submit a claim in Form 14 to the Head of Office :

 

Provided that the guardian shall not be required to submit a claim in the said form on behalf of a claim if the child has attained the age of eighteen years and such child may himself or herself submit a claim in the said form.

 

(9)     If on the date of death, the Government servant was an allottee of Government accommodation the Head of Office shall address the authority in charge of Government accommodation for the issue of the "No Demand Certificate" in accordance with the provisions of Sub-rule (1) of Rule 78.

Rule - 73. Completion of Form 15.?

 

(1)     (a) The Head of Office while taking action to obtain claim or claims from the family in accordance with the provisions of Rule 72 shall simultaneously undertake the completion of Form 15. The work shall be completed within one month from the date on which intimation regarding the date of death of the Government servant has been received.

(b) The Head of Office shall go through the service book of the deceased Government servant and satisfy himself as to whether certificates of verification of service for the entire service are recorded therein.

(c) If there are any period of unverified service, the Head of Office shall accept the unverified period of service as verified on the basis of the available entries in the service book. For this purpose the Head of Office may rely on any other relevant material to which he may have ready access. While accepting the unverified portion of service the Head of Office shall ensure that service was continuous and was forfeited on account of dismissal, removal or resignation from service or for participation in strike.

(2)     (a) For the purpose of determination of emoluments for family pension and death gratuity, the Head of Office shall confine the verification of the correctness of emoluments for a maximum period of one year preceding the date of death of the Government servant.

(b) In case the Government servant was on extraordinary leave on the date of death, the correctness of the emoluments for a maximum period of one year which he drew preceding the date of the commencement of the extraordinary leave shall be verified.

(3)     The process of determination of qualifying service and qualifying emoluments shall be completed within one month of the receipt of intimation regarding the date of death of the Government servant and the amount of family pension and death gratuity shall also be calculated accordingly.

Rule - 74. Determination of the amount of family pension and gratuity where Service Records are incomplete.?

 

If, in any particular case, the service book has not been maintained properly despite the Government's orders on the subject, and it is not possible for the Head of Office to accept the unverified portion of service as verified on the basis of entries in the service book, the Head of Office shall not proceed with the verification of the entire spell of service. The verification of service in such a case shall be confined to the following spells of service, namely :

 

(i)       If the deceased Government servant on the date of death had rendered more than one year of service but less than seven years of service, the service and emoluments for the last year of service shall be verified and accepted by the Head of Office and the amount of family pension be determined under Sub-rule (2) and Sub-rule (3) of Rule 56.

 

(ii)      If the deceased Government servant on the date of his death had rendered more than seven years of service, service for the last seven years and emoluments for service rendered in the last years shall be verified and accepted by the Head of Office and the amount of family pension, and the period of which it is payable shall be determined in accordance with the provisions of Sub-rule (4) of Rule 56.

 

(iii)     If the deceased Government servant at the time of death had rendered more than seven years of service and the service of last seven years is not capable of being verified and accepted by the Head of Office but the service rendered during the last year is capable of being verified and accepted, the Head of Office, pending the verification of service for seven years, shall calculate the amount of family pension in accordance with the provision of Sub-rule (2) and Sub-rule (3) of Rule 56.

 

(iv)    The service for the last seven years shall be verified and accepted within the next two months and the amount of family pension at the enhanced rate and the period for which it is payable shall be determined in accordance with the provisions of Sub-rule (4) of Rule 56.

 

(v)      Determination of the amount of family pension in accordance with, the provision of Sub-clauses (i), (ii) and (iii) shall be done within one month of the receipt of intimation of the date of death of the Government servant.

 

(vi)    If the deceased Government servant had on the date of his death rendered one year of qualifying service but less than five years of qualifying service and the spell of last one year service has been verified and accepted by the Head of Office under Clause (a), the amount of death gratuity shall be equal to 6 times of his emoluments as indicated in Clause (ii) of Sub-rule (2) of Rule 49. Where the verified and accepted service is less than one year qualifying service, the amount of death gratuity shall be equal to 2 times of his emoluments as indicated in Clause (i) of Sub-rule (2) of Rule 49.

 

(vii)   If the deceased Government servant had, on the date of his death rendered more than five years of service but less than twenty years of qualifying service and the spell of last five years' service has been verified and accepted by the Head of Office under Clause (a), the amount of death gratuity shall be equal to twelve times of his emoluments as indicated in Clause (iii) of Sub-rule (2) of Rule 49.

 

(viii)  If the deceased Government servant had rendered more than twenty years of service and the entire service is not capable of being verified and accepted, but the service for the last five years has been verified and accepted under Sub-clause (ii), the family of the deceased Government servant shall be allowed, on provisional basis, the death gratuity equal to twelve times of the emoluments last drawn. Final amount of the gratuity shall be determined by the Head of Office on the acceptance and verification of the entire spell of service which shall be done by the Head of Office within a period of six months from the date on which the authority for the payment of provisional gratuity was issued. The balance, if any, becoming payable as a result of determination of the final amount of death gratuity shall then be authorised to the beneficiaries.

Rule - 75. Forwarding of papers to the Accounts Officer.?

 

(1)     On receipt of claim or claims, the Head of Office shall complete the details in Form 15 and send the said Form in original to the appointing authority in a closed cover along with the Government servant's service book duly completed up-to-date and any other documents relied upon for the verification of the service claimed. This shall be done not later than one month of the receipt of claim by the Head of Office.

 

(2)     The appointing authority shall accord sanction in Part II of Form 15 and transmit the same to the Accounts Officer not later than fifteen days from the date of its receipt in Form 16. He shall retain one copy of the aforesaid Form 15 for his office record.

 

(3)     If the payment is desired in another circle of accounting unit, Form 15 shall be sent in duplicate to the Accounts Officer.

 

(4)     The appointing authority shall draw the attention of the Accounts Officer to the details of the following Government dues outstanding against the deceased Government servant, namely :

 

(a)      Government dues as ascertained and assessed in terms of Rule 78 and recoverable out of the gratuity before payment is authorised.

 

(b)      Amount of gratuity to be held over partly for adjustment of Government dues which have not been assessed so far and partly as a margin for adjustment in the light of the final determination of the gratuity.

 

(c)      The maximum amount of gratuity to be held over for the purpose of Clause (b) shall be limited to ten per cent of the amount of gratuity or rupees one thousand, whichever is less.

Rule - 76. Sanction, drawal and disbursement of provisional family pension and gratuity.?

 

(1)     There may be some cases where in spite of observing the procedures laid down in these rules, it may not be possible for the appointing authority to forward the family pension papers to the Accounts Officer within the prescribed period or where the family pension papers have been forwarded to the Accounts Officer within the prescribed period but the Accounts Officer has either not issued the family pension payment order or may have returned the papers to the appointing authority soliciting further information before issue of payment order on family pension or gratuity and if the the appointing authority in such a case is of the opinion that non finalisation of family pension and gratuity will create financial hardship for the family of the deceased Government servant, he shall without delay, take steps to determine the qualifying years of service and emoluments qualifying for family pension after the most careful summary investigation that may be made. For this purpose, the following procedure shall be adopted, namely :

 

(a)      The appointing authority shall issue a sanction letter in Form 17 in favour of claimant or claimants endorsing a copy thereof to the Accounts Officer indicating the amount of provisional family pension and hundred per cent of the gratuity so determined;

 

(b)      He shall indicate in the sanction letter the amount recoverable out of the gratuity under Sub-rule (4) of Rule 75.

 

(c)      A copy of the sanction letter shall be transmitted to the concerned Head of Office who shall draw and disburse-

 

(d)      the amount of the provisional family pension, and

 

(e)      the amount of hundred per cent of the gratuity after deducting therefrom the dues mentioned in Clause (b), if any.

 

(2)     The claim shall be preferred by the Head of Office separately for each beneficiary in Form 37-B of the Orissa Treasury Code.

 

(3)     The payment of provisional family pension shall continue till the issue of final Family Pension Payment Order.

 

(4)     The Head of Office shall inform the Accounts Officer as soon as provisional family pension and the gratuity have been paid to the claimant or claimants.

 

(5)     If the claimant or any of the claimants-desires the payment of provisional family pension or of gratuity or of both through money-order or bank draft, the same shall be remitted to him or her through money-order or bank draft at his/her own cost :

 

Provided that in the case of any family pension not exceeding the amount specified in Note 3 of Subsidiary Rule 310 of the Orissa Treasury Code, Volume I plus the amount of temporary increase on family pension that amount shall at the request of the claimant be remitted to him/her by money-order at Government expense.

Rule - 77. Authorisation of final family pension and balance of the gratuity by the Accounts Officer.?

 

(1)     On receipt of the documents referred to in Sub-rule (2) of Rule 75 the Accounts Officer shall, within a period of three months from the date of receipt of the documents make the requisite checks and complete account enfacement in Part III of Form 15 and assess the amount of family pension and gratuity.

 

(2)     If the family pension is payable in his circle of accounting unit, the Accounts Officer shall prepare the pension payment order.

 

(3)     The payment of family pension shall be effective from the date following the date on which the payment of provisional family pension, if any, paid, is ceased.

 

(4)     Arrears of family pension, if any, in respect for the period of which provisional family pension was drawn and disbursed by the Head of Office shall also be authorised by the Accounts Officer.

 

(5)     The Accounts Officer shall determine the amount of the balance of the gratuity after adjusting the amount, if any outstanding against the deceased Government servant.

 

(6)     The Accounts Officer shall intimate to the Treasury Officer the amount of the balance of the gratuity determined under Clause (a) for drawal and disbursement to the person or persons to whom the provisional gratuity has been paid.

 

(7)     The fact of the issue of the pension payment order shall be promptly reported to the Head of Office by the Accounts Officer and the documents which are no longer required shall also be returned to him.

 

(8)     If the final family pension including the arrears of provisional family pension is payable in another circle of accounting unit, the Accounts Officer shall send the pension payment order together with the copy of Form 15 duly completed to the Accounts Officer of that unit for arranging payment:

 

Provided that the adjustment of provisional family pension drawn and disbursed by the Head of Office shall be made by the Accounts Officer in whose circle of accounting unit to provisional family pension was paid.

 

(9)     If the amount of provisional family pension as disbursed by the Head of Office is found to be in excess of the final family pension assessed by the Accounts Officer it shall be open to the Accounts Officer to direct the disbursing officer to adjust the excess amount in instalments by short payments of family pension in future.

 

(10)   If the amount of gratuity disbursed by the Head of Office found to be in excess than the amount finally assessed by the Accounts Officer the excess amount shall be adjusted by making short payment in suitable instalments.

 

(11)   The appointing authority shall ensure that chances of disbursing the amount of gratuity in excess of the amount actually admissible are minimised and the official or officials responsible for the excess payment shall be accountable for the over payment.

Rule - 78. Adjustment of Government dues.?

 

The following shall be taken to be Government dues to be recovered from gratuity, namely :

 

(1)     Dues pertaining to Government accommodation ?

 

(i)       If on the date of death the Government servant was in occupation of Government accommodation, the Head of Office on receipt of intimation regarding the death of the Government servant shall within seven days of the receipt of such intimation, write to the authority in charge of Government accommodation for the issue of "No Demand Certificate" so that the authorisation of family pension and death gratuity is not delayed while addressing the authority in charge of Government accommodation for the issue of No Demand Certificate, the Head of Office shall also supply the following information in duplicate (one copy forwarded marked to the Rent Section and the second to the Allotment Section), namely :

 

(ii)      Name of the deceased Government servant with designation;

 

(iii)     Particulars of the accommodation (quarters No., type and locality);

 

(iv)    Date of death of Government servant;

 

(v)      Whether the Government servant was on leave at the time of his death and if so, the period and nature of leave;

 

(vi)    Whether the Government servant was enjoying rent-free accommodation;

 

(vii)   The period up to which licence fee had been recovered from the pay and the allowances of the deceased Government servant and the monthly rate of recovery and particulars of the pay bill under which last recovery was made.

 

(viii)  If the licence fee has not been recovered up to, the date of death and the family intends to retain Government accommodation for the permissible period of four months from the date of death of the Government servant of the following additional detail to be furnished, namely :

 

(ix)    period for which licence fee still remains to be recovered;

 

(x)      the amount of licence fee in respect of the period specified in Sub-clause (a) to be determined on the basis of standard rent bill;

 

(xi)    the amount of licence fee for retention of Government accommodation by the family of the deceased Government servant for concerned period of four months beyond the date of death of the Government servant to be determined on the basis of standard bill;

 

(xii)   the amount of licence fee mentioned at Sub-clauses (b) and (c) proposed to be recovered from death gratuity;

 

(xiii)  details of any previous reference from the authority in charge of Government accommodation relating to recovery of licence fee.

 

(xiv)  The Head of Office shall recover from the death gratuity, the amount of licence fee, as intimated by the authority in charge of Government accommodation under Clause (ii).

 

(xv)   The recovery of licence fee for the occupation of Government accommodation beyond the permissible period of four months shall be the responsibility of the authority in charge of Government accommodation.

 

(xvi)  The authority in charge of Government accommodation shall scrutinise their records with a view to determine if, any, licence fee other than the licence fee referred to in Clause (ii) was outstanding against deceased Government servant. If any outstanding amount is found, the amount and the periods to which such outstanding relate shall be communicated to the Head of Office within a period of three months of the receipt of intimation regarding the death of the Government servant under Clause (i).

 

(xvii) Pending receipt of information under Clause (v), the Head of Office shall withhold ten per cent of the death gratuity or one thousand rupees, whichever is less.

 

(xviii)   If no intimation is received by the Head of Office within the period prescribed under Clause (v) regarding recovery of licence fee, it shall be presumed that nothing was recoverable from the deceased Government servant and the amount of gratuity withheld shall be paid to the person or persons to whom the amount of death gratuity was paid.

 

(xix)  If the Head of Office has received intimation from the authority in charge of Government accommodation under Clause (v) regarding licence fee outstanding against the deceased Government servant, the Head of Office shall verify from the acquittance roll if the outstanding amount of licence fee was recovered from the pay and allowances of the deceased Government servant. If as a result of verification, it is found that the amount of licence fee shown as outstanding by the authority in charge of Government accommodation has already been recovered, the Head of Office shall draw the attention of the authority in charge of Government accommodation to the pay bills under which the necessary recovery of the licence fee was made and subject to the provisions of Sub-rule (2) take steps to pay the amount of the gratuity withheld under Clause (vi) to the person or persons to whom the death gratuity was paid.

 

(xx)   If the outstanding amount of licence fee was not recovered from the pay and allowances of the deceased Government servant, the outstanding amount shall be adjusted against the amount of the gratuity withheld under Clause (vi) and the balance, if any, re-paid to the person or persons to whom the amount of death gratuity was paid.

 

(2)     Dues other than those referred to in Sub-rule (1)-The Head of Office shall, within one month of the receipt of intimation regarding death of a Government servant, take steps to ascertain if any dues as referred to in Rule 68 excluding the dues pertaining to the allotment of Government accommodation were recoverable from the deceased Government servant. Such ascertainable dues shall recovered from the amount of death gratuity becoming payable to the family of the deceased Government servant.

Rule - 79. Payment of family pension and death gratuity when a Government servant dies while on deputation.?

 

In the case of a Government servant who dies while on deputation to Central Government or to other State Governments or while on foreign service to any authority/corporate body action to authorise the payments of family pension and death gratuity in accordance with the provisions of this chapter shall be taken by the Head of Office or the cadre authority which sanctioned the deputation of the deceased Government servant to the Central Government or to other State Government or to the foreign service.

CHAPTER-X

Sanction of family pension and residuary gratuity in respect of deceased pensioners

Rule - 80. Sanction of family pension and residuary gratuity on the death of pensioner.?

 

(1)     Where the appointing authority has received an intimation regarding the death of a retired Government servant who was in receipt of pension, he shall ascertain whether any family pension or residuary gratuity or both are payable in respect of the deceased pensioner :

 

Provided that the appointing authority may, when he consider it necessary so to do, consult the Accounts Officer.

 

(2)     If the deceased pensioner is survived by a widow or widower who is eligible for receipt of family pension under Rule 56 the amount of family pension as indicated in the pension payment order shall become payable to the widow or widower, as the case may be, from the day following the date of death of the pensioner.

 

(3)     On receipt of an application from the widow or widower, the pension disbursing authority from whom the deceased pensioner was drawing his or her pension shall authorise the payment of family pension to the widow or widower, as the case may be.

 

(4)     Where the deceased pensioner is survived by child or children, the guardian of the child or children may submit a claim in Form 14 to the appointing authority for the payment of family pension :

 

Provided that the guardian shall not be required to submit a claim in the said Form on behalf of the son or unmarried daughter if he or she has attained the age of eighteen years and such a person may himself or herself submit a claim in the said Form.

 

(5)     On receipt of a claim from the guardian, the appointing authority shall sanction the family pension in Form 21.

 

(6)     Where the widow or widower in receipt of family pension, marries and has at the time of remarriage, child or children from the former spouse who is or are eligible for family pension, the remarried individual shall be eligible to draw the family pension on behalf of such child or children if such individual continues to be the guardian of such child or children.

 

(7)     For the purposes of Sub-clause (i) the remarried individual shall apply to the appointing authority on plain paper furnishing the following particulars, namely :

 

(a)      a declaration that the applicant continues to be the guardian of such child or children;

 

(b)      the date of remarriage;

 

(c)      the name and date of birth of the child or children from the former spouse;

 

(d)      the pension disbursing authority from whom the payment of family pension on behalf of such child or children is desired:

 

(e)      full postal address of the applicant.

 

(8)     If the remarried individual has, for reasons, ceases to be the guardian of such child or children the family pension shall become payable to the person entitled to act as guardian of such child or children under the law for the time being in force and such person may submit a claim in Form 14 to the appointing authority for the payment of family pension:

 

Provided that the guardian shall not be required to submit a claim in the said Form on behalf of the son, or unmarried daughter if he or she has attained the age of eighteen years and such person may himself or herself submit and claim in the said Form.

 

(9)     On receipt of the claim referred to in Sub-clause (iii), the appointing authority shall sanction family pension in Form 22.

 

(10)   Where a widow or widower in receipt of family pension dies and leaves behind child or children who is or are eligible for family pension, the guardian may submit a claim in Form 14 to the appointing authority for the payment of family pension :

 

Provided that the guardian shall not be required to submit a claim in the said Form on behalf of the son or unmarried daughter if he or she has attained the age of eighteen years and such a person may himself or herself submit claim in the said Form.

 

(11)   On receipt of a claim under Sub-clause (i), the appointing authority shall sanction family pension in Form 22.

 

(12)   [Where the deceased Government servant/pensioner is survived only by father/mother, father shall apply for family pension in OCS (Pension) Form 14-A to the Appointing Authority.

 

(13)   If no father is alive or on the death of father, the mother shall apply for family pension in OCS (Pension) Form 14-A to the Pension Sanctioning Authority for sanction of family pension.

 

(14)   On receipt of the claim from the father/mother as the case may be, the Pension Sanctioning Authority shall accord sanction for payment of family pension in the OCS (Pension) Form 15-A and transmit the same in original to Accountant General (A & E), Orissa for issue of authority.]

 

(15)   Where on the death of a retired Government servant, a residuary gratuity becomes payable to the family of the deceased under Sub-rule (3) of Rule 49 the appointing authority shall sanction its payment on receipt of a claim or claims in Form 23 from the person or persons eligible to receive the residuary gratuity.

Rule - 81. Authorisation of payment by Accounts Officer.?

 

On receipt of the sanction under Rule 80 regarding the payment of family pension or of residuary gratuity or of both, the Accounts Officer shall authorise the payment of the same.

CHAPTER-XI

Payment of pension

Rule - 82. Date from which pension becomes payable.?

 

(1)     Except in the case of a Government servant to whom the provisions of Rules 43 and 44 apply and subject to the provisions of Rules 7 and 66, a pension other than family pension shall become payable from due date on which a Government servant ceases to be borne on the establishment.

 

(2)     Pension including family pension shall be payable for the day on which its recipient dies.

Rule - 83. Currency in which pension is payable.?

 

All pension including gratuities admissible under these rules shall be payable in rupees, in India only.

Rule - 84. Manner of payment of pension.?

 

(a)      A pension fixed at monthly rates shall be payable monthly on or after the first day of the following month.

 

(b)      Except as otherwise provided in these rules, a gratuity shall be paid in lump sum.

Rule - 85. Application of Treasury Rules.?

 

Save as otherwise provided in these rules, Rules of the Orissa Treasury Code shall apply in respect of the following payments, namely :

 

(i)       gratuity;

 

(ii)      pension;

 

(iii)     pension undrawn for more than a year; and

 

(iv)    pension in respect of deceased pensioner.

CHAPTER-XII

Re-employment of pensioners

Rule - 86.

 

(i)       Save as otherwise provided, the rules in this chapter shall apply for fixation of pay of the pensioners who are re-employed in civil services and posts under the State Government or local authority, Industrial or Commercial Undertakings or Corporations owned or controlled by the State Government after retirement from Government service.

 

(ii)      These rules shall also apply to persons re-employed in regular work charged establishments.

 

(iii)     Unless otherwise provided, these rules shall also apply to persons re-employed on contract basis.

 

(iv)    The rules in this chapter shall not apply to ?

 

(v)      Persons re-employed after resignation, removal or dismissal,/ provided they have not received any retirement/terminal benefits for the pre-employment service;

 

(vi)    Persons paid from contingencies;

 

(vii)   Persons on casual or daily rated or part-time employment;

 

(viii)  Persons appointed as consultants on payment of consolidated fees; and

 

(ix)    Retired Judges of Supreme Court/High Courts appointed on Commission/Committees.

Rule - 87. Definition.?

 

In this Chapter, unless, the context otherwise requires-

 

(a)      'Pension' means the gross monthly pension or Government's contribution to Contributory Provident Fund and/or other retirement benefits, if any, payable under the Orissa Civil Services (Pension) Rules, 1992 or the relevant rules of the Government or body under which the re-employed pensioner was serving prior to his retirement, where pension has been committed partly or fully, pension means the gross pension payable prior to commutation.

 

(b)      'Pre-retirement Pay' means ?

 

(c)      the pay which was taken into account for calculation of pension;

 

(d)      in case of an officer who retires while on leave or on deputation the pay that he would have drawn, in this parent cadre but for going on leave or on deputation, shall be taken as pre-retirement pay provided the competent authority certifies that he would have continued to officiate the post but for his proceeding on leave or on deputation.

Rule - 88.

 

Except in case of the Government servants in receipt of non-practising allowance either before or after re-employment, the person re-employed prior to the date of introduction of the revised scale of pay shall be entitled to the benefit of the revised scales of pay during the period of re-employment.

Rule - 89. Fixation of pay of re-employed pensioners.?

 

(a)      Re-employed pensioners shall be allowed to draw pay only in the prescribed scales of pay attached to the posts in which they are re-employed. No protection of the scales of pay of the posts held by them prior to retirement shall be given.

 

(b)      In all cases where the pension is fully ignored, the initial pay on re-emplOyment shall be fixed at the minimum of the scale of pay of the reemployed post.

 

(c)      In cases where the entire pension and pensionary benefits are not ignored for pay fixation, the initial pay on re-employment shall be fixed at the same stage as the last pay drawn before retirement. If there is no such stage in the re-employed post, the pay shall be fixed at the stage below that pay. If the maximum of the pay scale in which a pensioner is reemployed is less than the last pay drawn by him before retirement, his initial pay shall be fixed at the maximum of the scale of the re-employed post. Similarly, if the minimum of the scale of pay in which a pensioner is re-employed is more than the last pay drawn by him before retirement his initial pay shall be fixed at the minimum of the scale of pay of the re-employed post. In all these cases, the non-ignorable part of the pension shall be reduced from the pay fixed.

 

(d)      The re-employed pensioner, in addition to pay as fixed under Sub-rule (b) above, shall be permitted to draw separately any pension sanctioned to him and to retain any other form of retirement benefits.

 

(e)      In the case of persons retiring before attaining the age of 55 years and who are re-employed pension/other forms of retirement benefit shall be ignored for initial pay fixation to the extent of [Rs. 1500.00]

 

Note - The fixation of pay on re-employment shall be made by the Administrative Department in consultation with the Finance Department.

Rule - 90. Drawal of increment.?

 

Once the initial pay of a re-employed pension has been fixed under Rule 89, he may be allowed to draw normal increments in the time-scale of the post to which he is appointed as if the pay had been fixed at the minimum or the higher stage, as the case may be, (i.e. before an adjustment on account of pension other forms of retirement benefits is made) provided that the pay and gross pension/other forms of retirement benefit taken together do not at any time exceed Rs. 6,500 per month.

Rule - 91. Persons retiring on invalid or compensation pension.?

 

Pensioners who are re-employed after obtaining compensation or invalid pension will also get their pay fixed under Rule 89 provided they retain their pension, in which cases their former service will not count for future pension. In case the pensioners elect to count their previous service for pension by foregoing their entire pension including retirement gratuity under Rule 98, their pay shall be fixed by treating them as if they are not in receipt of any pension.

Rule - 92. Promotion/transfer.?

 

In case of regular promotion/transfer of a re-employed pensioner to another post, pay of the re-employed/ pensioner shall be fixed under the provisions of the Orissa Service Code with reference to the pay in the previous re-employed post (before adjustment); Adjustment from the pay so fixed, on account of pension/ other forms of retirement benefits shall be continued to be made to the same extent as was being made earlier. This shall remain subject to the condition that the pay plus pension/other forms of retirement benefits shall not exceed Rs. 6,500/- per month at any time.

Rule - 93. Provisional pay on re-employment.?

 

(1)     Where delay is likely to occur in determining the pension and other pensionary benefits, the reemployed pensioners, pending final fixation of pay, shall be paid their pay on provisional basis for the maximum period of six months after taking into account the maximum pension that would be admissible to them on the basis of last pay drawn by them. The concerned Administrative Department shall be responsible for ensuring that the provisional pay fixed is not likely to exceed the correct pay that may become admissible. An undertaking for refunding any amount that might be overpaid as a result of provisional fixation of pay shall be obtained from the re-employed pensioners.

 

(2)     When the pension and other retirement benefits are ultimately sanctioned to the re-employed pensioner by the competent authority, the pay shall be fixed after taking into account the pension/other forms of retirement benefits in accordance with the provisions contained in Rule 89 and he shall have no fresh claims for pensionary benefits in respect of the past periods during which he drew the same along with the provisional pay.

Rule - 94. Allowances.?

 

The drawal of various allowances and other benefits based on pay shall be regulated with reference to the pay that is fixed on reemployment. Pay for these allowances and benefits will be the pay fixed before deducting the non-ignorable part of the pension/other forms of retirement benefits.

Rule - 95. Contributory Provident Fund.?

?

Re-employed pensioner may be permitted to contribute to the Contributory Provident Fund, provided that where the term of re-employment is initially for a year or less but is later extended so as to exceed one year, the Government's contribution with interest thereon shall be credited only after the completion of one year's re-employment service. The Government contribution with interest thereon shall be payable for the entire period for which the re-employed pensioner is allowed to contribute to the Contributory Provident Fund only if such period exceeds one year.

Rule - 96. Leave and leave salary.?

 

In case of persons re-employed after retirement, the provisions contained in the Orissa Leave Rules, 1966 as amended from time to time and order issued thereon shall apply.

Rule - 97. Service gratuity/death or retirement gratuity.?

 

Re-employed pensioner shall not be eligible for any service gratuity/death or retirement gratuity for the period of re-employment except in the cases covered under Rules 30 and 91.

Rule - 98. Counting of pre-retirement civil service in the case of re-employed Government servants.?

 

(1)     A Government servant who, having retired on compensation pension or invalid pension or compensation gratuity or invalid gratuity, is re-employed and appointed to a service or post to which these rules apply may exercise option either ?

 

(a)      to continue to draw the pension or to retain the gratuity sanctioned for his earlier service, in which case his former service shall not count as qualifying service, or

 

(b)      to cease to draw his pension and refund;

 

(c)      the pension already drawn;

 

(d)      the value received for the commutation of a part of pension; and

 

(e)      the amount of retirement gratuity including service gratuity, if any, and count the previous service as qualifying service;

Provided that -

(f)       the pension drawn prior to the date of re-employment shall not be required to be refunded;

(g)      the element of pension which was ignored for fixation of his pay including the element of pensions which was not taken into account for fixation of pay shall be refunded by him.

 

(h)     the element of commuted part of pension, if any, which was taken into account for fixation of his pay shall be set off against the amount of death/retirement gratuity and the commuted value of pension and the balance, if any, shall be refunded by him.

 

Explanation - In this Sub-clause, the expression 'which was taken into account' means the amount of pension including the other forms of retirement benefits by which pay of the Government servant was reduced on initial re-employment and the expression "which was not taken into account" shall be construed accordingly.

 

(2)     The authority issuing the order of re-employment to a service or post as is referred to in Sub-rule (1) shall alongwith such order require in writing the Government servant to exercise the option under that sub-rule within three months of the date of issue of such order, or if he is on leave on that day, within three months of his return from leave, whichever is later and also bring to his notice the provisions of Clause (b).

 

(3)     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).

 

(4)     In the case of a Government servant who opts for Clause (a) of Sub-rule (1) the pension or gratuity admissible for his subsequent service is subject to the limitation that service gratuity or the capital value of the pension and death/retirement gratuity, if any, shall not be greater than the difference between the value of the pension and death/retirement gratuity, if any, that would be admissible at the time of Government servant's final retirement if the two periods of service were combined and the value of retirement benefits already granted to him for the previous service.

 

(5)     The capital value of pension shall be calculated in accordance with ; the commutation table applicable at the time of the second or final retirement.

 

(6)     A Government servant who opts for Clause (b) of Sub-rule (1) shall be required to refund the gratuity received in respect of his earlier service in monthly instalments not exceeding thirty-six in number, the first instalment beginning from the month showing the month in which he has exercised the option.

 

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

 

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

Rule - 99. Commercial employment after retirement.?

 

(1)     If a pensioner who immediately before his retirement was a Gazetted Government servant wishes to accept any commercial employment under any organisation/institution, etc., other than Government before the expiry of two years from the date of his retirement, he shall obtain the previous sanction of the Government to such acceptance by submitting an application in Form 24 :

 

Provided that a Government servant who was permitted by Government to take up any commercial employment during his leave preparatory to retirement or during refused leave shall not be required to obtain subsequent permission for such employment after retirement.

 

(2)     Subject to the provisions of Sub-rule (3), the Government may, by order in writing, on the application made under Sub-rule (1) by a pensioner, grant, subject to such conditions, if any, as it may deem necessary, permit or refuse for reasons to be recorded in the order, accord permission to such pensioner to take up the commercial employment specified in the application.

 

(3)     In granting or refusing permission under Sub-rule (2) to a pensioner for taking up any commercial employment, the Government shall have regard to the following factors, namely :

 

(a)      the nature of the employment proposed to be taken up and the antecedents of the employer;

 

(b)      whether his duties in the employment which he proposes to take up might be such as to bring him into conflict with Government;

 

(c)      whether the pensioner while in service had any such dealing with the employer under whom he proposes to seek employment as it might afford a reasonable basis for the suspicion that such pensioner had shown favours to such employer;

 

(d)      whether the duties of the commercial employment proposed involve liaison or contract work with Government Departments;

 

(e)      whether his commercial duties will be such that this previous official position or knowledge or experience under Government could be used to give the proposed employer an unfair advantage;

 

(f)       the emoluments offered by the proposed employer; and

 

(g)      other relevant factors; if any;

 

(4)     Where within a period of sixty days of the date of receipt of an application under Sub-rule (3) the Government does not refuse to grant the permission applied for or does not communicate the refusal to the applicant, it shall be deemed that Government to have granted the permission applied for;

 

Provided that in any cases where defective or insufficient information is furnished by the applicant and it becomes necessary for Government to seek further clarification and/or information from him, the period of sixty days shall be counted from the date on which the defects have been removed and/or complete information has been furnished by the applicant.

 

(5)     Where Government grants the permission applied for subject to any conditions or refuses such permission, the applicant may, within thirty days of the receipt of the order of the Government to that effect make a representation against any such condition or refusal and the Government may make such order thereon as it deems fit :

 

Provided that no order other than order cancelling such condition or granting such permission without any conditions shall be made under this Sub-rule without giving the pensioner making the representation an opportunity to show cause against the order proposed to be made.

 

(6)     If any pensioner takes up any commercial employment at any time before the expiry of two years from the date of his retirement without the prior permission of the Government or commits a breach of any condition subject to which permission to take up any commercial employment has been granted to him under this Rule, it shall be competent for the Government to declare by order in writing and for reasons to be referred therein that he shall not be entitled to the whole or such part of the pension and for such period as may be specified in the order :

 

Provided that no such order shall be made without giving the pensioner concerned an opportunity of showing cause against such declaration :

 

Provided further that in making any order under this sub-rule, the Government shall have regard to the following factors, namely:

 

(7)     the financial circumstances of the pensioner concerned;

 

(8)     the nature of; and the emoluments from, the commercial employment taken up by the pensioners concerned; and

 

(9)     other relevant factors, if any.

 

(10)   Every order passed by the Government under this Rule shall be communicated to the pensioner concerned.

 

(11)   In this Rule ?

 

(a)      the expression "Commercial Employment" means ?

 

(b)      an employment in any capacity including that of an agent under a company, Co-operative society, firm or individual engaged in trading, commercial, industrial, financial or professional business and includes also a directorship of such company and partnership of such firm but does not include employment under a body corporate, wholly or substantially owned or controlled by the State Government or any other State Government or the Central Government.

 

(c)      setting up practice, either independently or as a partner of a firm, as adviser or consultant in matters in respect of which the pensioner ?

 

(d)      has no professional qualifications and the matters in respect of which the practice is to be set up or is carried on are relatable to his official knowledge or experience; or

 

(e)      has professional qualifications but the matters in respect of which such practice is to be set up are such as are likely to give his clients an unfair advantage by reason of his previous official position; or

 

(f)       has to undertake work involving liaison or contract with the offices or officers of the Government.

 

Explanation - For the purpose of this clause, the expression "employment under a Co-operative society" includes the holding of any office, whether elective or otherwise, such as that of President, Chairman, Manager, Secretary, Treasurer and the like, by whatever name called in such society.

(g)      the expression 'date of retirement' in relation to a Government servant re-employed after retirement without any break, either in the same or in another Gazetted post under the State Government or in any other equivalent post under the Government of India or any other State Government means the date on which such Government servant finally ceases to be so employed in Government service.

Rule - 100. Employment after retirement under a Government outside India.?

?

If a pensioner wishes to accept any employment under any Government outside India, he shall obey the previous permission of the State Government for such acceptance and no pension shall be payable to the pensioner who accepts such an employment without proper permission in respect of any period for which he is so employed or for such longer period as the Government may direct :

 

Provided that a Government servant who was permitted by the State Government to take up a partial form of employment under any Government outside India during his leave preparatory to retirement, shall not be required to obtain subsequent permission for his continuance in such employment after retirement.

 

Explanation - For the purposes of these rules, the expression 'Employment under any Government outside India' includes employment under a local authority or corporation or any other institution or Organisation which functions under the supervision or control of a foreign Government outside India, or employment under an international Organisation in which the Government of India is not a member.

CHAPTER-XIII

Extraordinary Pension

Rule - 101. Applicability.?

 

The Rules in this chapter shall apply to all persons other than those to whom the Workmen's Compensation Act, 1923 (VIII of 1923), applies whether their appointment is permanent or temporary, on the scale of pay or piece-work rates who are under the Rule making control of the State Government, and

Who entered or enter service under the State Government on or after the 1st April, 1936, or

 

Who having entered such service before 1st April, 1936, did not hold a lien or a suspended lien or permanent post on that date.

 

Note - No award shall be made under these Rules in respect of a Civilian Officer who is deputed on foreign service under U.N. bodies on or after 1st January, 1958, and who is allowed to join the U.N. Joint Staff Pension Fund as an 'Associate Member'.

Rule - 102. Terms defined for extraordinary pension.?

 

For the purposes of these Rules, unless there is anything repugnant in the subject or context-

 

(a)      'Accident' means ?

 

(b)      a sudden and unavoidable mishap; or

 

(c)      a mishap due to an act of devotion to duty in an emergency arising otherwise than by violence out of and in the course of service.

 

(d)      'Date of Injury' means-

 

(e)      in the case of accident or violence, the actual date on which the injury is caused or such date, not being later than the date of the report of the Medical Board, as the State Government may fix; and

 

(f)       in the case of disease, the date on which the Medical Board reports or such earlier date as may be fixed by the State Government with due regard to the opinion of the Medical Board;

 

(g)      'Injury' means -an injury as is mentioned in Schedule I, Permanent/Total Disablement shall be deemed to result from every injury specified in Part I of Schedule I or from any combination of injuries specified in Part II of that schedule where the aggregate percentage of loss of earning capacity (percentage of disability) amounts to cent per cent or more. Every injury specified in Part II of Schedule I shall be made to result in Permanent Partial Disablement;

 

(h)     'Disease' means a disease as is mentioned in Schedule I-A.

 

(i)       'Emoluments' means the emoluments specified in Rule 48;

 

Provided that in the case of a pension remunerated by piece-work rates, emoluments means the average earnings of the last six months with the date of his death or injury;

 

(j)       'Violence' means the act of person who inflicts an injury on a Government servant-

 

(k)      by assaulting or resisting him in the discharge of his duties, or in order to deter or prevent him from performing his duties, or

 

(l)       because of anything done or attempted to be done by such Government servant or by any other public servant in the lawful discharge of his duty as such, or

 

(m)    because of his official position.

Rule - 103. Disablement due to Government service.?

 

(1)     Disablement shall be accepted as due to Government service provided that it is certified that the wound, injury or disease which ?

 

(2)     is attributable to Government service, or

 

(3)     existed before or arose during Government service and has been and remains aggravated thereby.

 

(4)     Death shall be accepted as due to Government service provided it is certified that it was due to or hastened by ?

 

(5)     a wound, injury or disease which was attributable to Government service, or

 

(6)     the aggravation by Government service of a wound, injury or disease which existed before or arose during Government service.

 

(7)     There shall be a casual connection between ?

 

(8)     disablement and Government service, and

 

(9)     death and Government service, for attributability or aggravation to be concerned.

 

Explanation - It will be seen from the Forms 27, 28 and 29 that these forms of medical certificates have been so designated that they would indicate whether the entitlement criteria laid down in Rule 103 have been satisfied or not and therefore, normally, no other separate certificates in, that behalf may be necessary. It is essential for Government to be satisfied that the death/disability is, in fact, attributable to or aggravated by the Government service which alone makes an Extraordinary. Pension Award admissible and for that purpose, it is essential for the authority to satisfy himself in that behalf and certify the nexus and casual connection between disablement and Government service or between death and Government service, as the case may be, in any particular case, as laid down in Rule 103 on the basis of the medical and other documents regarding the case. If a Government servant has died in such circumstances and that a medical report could not be secured, even then, the nexus and the casual connection between death and Government service has to be established before conceding acceptance of death due to Government service.

(3) Notwithstanding anything contained in these Rules, these Rules, the degree of default or contributory negligence on the part of a Government servant may be taken into consideration in making an award under these Rules in favour of such Government servant, but shall not be taken into account where such award is made in favour of the family of such Government servant.

Power of Government to sanction extraordinary pension

Rule - 104.

 

No award shall be made under this Chapter except with the sanction of the Government.

Rule - 105.

 

All awards shall be made in Rupees in India unless the payee resides permanently, and desires payment to be made in a country in which the rupee is not legal tender. In the latter case the amount of the award shall be paid at the exchange rate.

Rule - 106. Effect on any pension.?

 

Except as otherwise provided in this Chapter an award made under this Chapter shall not affect any other pension or gratuity for which the Government servant concerned or his family may be eligible under any other Rules for the time being in force, and the pension granted under this Chapter shall not be taken into account in fixing the pay of pensioner in his continued employment or re-employed in Government service.

Rule - 107. No award shall be made in respect of.?

 

(i)       An injury sustained more than five years before the date of application, or

 

(ii)      death which occurred more than seven years ?

 

(iii)     after the injury due to violence or accident was sustained, or

 

(iv)    after the Government servant was medically reported as unfit for duty on account of the disease of which he died.

Rule - 108. Percentage of disability.?

 

(1)     The percentage of disability due to an injury or injuries shall be such as specified in Schedule I or failing that, as certified by the Medical Authority concerned.

 

(2)     The percentage of disability due to a disease or diseases specified in Schedule l-A, shall be as certified by the Medical Authority.

Rule - 109. Disability pension.?

 

(1)     When disablement of a Government servant is concerned as due to Government service in terms of Rule 103, he, shall be awarded a disability pension in accordance with the percentage of disability suffered by him as certified by the Medical Authority concerned.

 

(2)     Disability pension for 100% disability shall be allowed at the following rates if the Government servant is boarded out of Government service on account of his disability-

 

 

In case of death of State Government employees having the pay scale as prescribed by Government of India the maximum limit in the amount of disability pension shall be Rs. 1,250 per month.

 

(3)     For lower percentage of disability the monthly disability pension shall be proportionally lower as at present provided that where permanent disability is not less than 60% the total pension (i.e. pension or service gratuity admissible under the ordinary Pension Rules plus disability pension under Extraordinary Pension Rules) shall not be less than 60% of basic pay subject to a maximum of Rs. 600 and maximum of Rs. 1430/-.

 

Note - The minima and maxima given above are applicable only for arriving at the monthly disability pension for cent per cent disability and are not applicable in respect of percentage of disability lower than 100%. For example of the disability is only 80% the disability pension shall be 80/100 of the pension specified in Column (2) above of Clause (a).

(4)     If the employee held pensionable post and is invalided/ boarded out of service as a result of disability attributable to service after rendering ten years service he shall be given apart from the normal invalid pension, the amount of disability pension as is admissible under these Rules, subject to the condition that the sum total of the invalid pension plus the disability pension shall not be less than the widow's (family) pension under the Rules in this Chapter.

 

(5)     If the employee eligible for disability pension under the Rules in this Chapter is invalided/boarded out from service before putting in ten years service, he does not get any invalid pension but gets only service gratuity. Apart from such gratuity, he shall be given such amount of disability pension as is admissible under the Rules in this Chapter subject to the condition that the sum-total of the pension equivalent of such gratuity plus the disability pension as is admissible shall not be less than the widow's (family) pension under the Rules in this Chapter.

 

(6)     If the Government servant is retained in service in spite of such disablement, he shall be paid a compensation in lumpsum (in lieu of the disability pension) on the basis of the disability pension admissible to him in accordance with the provision of Sub-rule (2), by arriving at the capitalised value of such disability pension with reference to the Commutation Table, in force from time to time.

Rule - 110. Extraordinary family pension.?

 

When death of a Government servant is concerned as due to Government servant in terms of Rule 103, his widow and children shall be awarded pensionary benefits at the following rates irrespective of the period whether the deceased Government servant had completed 7 years of service or not, namely :

Note - If a Government servant dies leaving behind two or more widows, the pension admissible under the Rules in this Chapter, to the widow shall be divided equally among all the widows.

Rule - 111. Grant of extraordinary family pension when no widow or child exists.?

 

(1)     If the deceased Government servant has left neither a widow nor a child, an award may be made to his father and his mother individually, or jointly and in the absence of the father and the mother to minor brothers and sisters, individually or collectively, if they are in pecuniary need :

 

Provided that the total amount of the awards shall not exceed one half of the pension that would have been admissible to the widow under Rule 110.

 

(2)     Any award made under Sub-rule (1), will, in the event of an improvement in the pecuniary circumstances of the pensioner, be subject to review in such manner as the Government may by order prescribe.

 

Note - If any of the widows, children, father, mother, minor brothers or sisters is denied any share in the property of the Government servant under a Will or deed made by him, such person shall be ineligible to receive any award under Sub-rule (1) and the benefit will pass on to the next person eligible.

Rule - 112. Period of tenability of extraordinary family pension.?

 

(1)     A family pension will take effect from the day following the death of the Government servant or from such other date as the Government may decide.

 

(2)     A family pension will ordinarily be payable ?

 

(a)      in the case of a widow or mother until death or re-marriage whichever occurs earlier;

 

(b)      in the case of a son or brother, until he attains the age of twenty-five years or he starts earning of his livelihood whichever is earlier;

 

(c)      in the case of an unmarried daughter or sister, until she attains the age of twenty-five years or until she gets married or until she starts earning her livelihood whichever is earliest;

 

(d)      in the case of a father for life.

 

Note - (1) The family pension of a widow will cease on re-marriage; but when such re-marriage is annulled by divorce, desertion or death of the second husband, her pension may be restored upon proof that she is in necessitous circumstances and otherwise deserving.

(2) Notwithstanding anything contained in Clause (i) of Sub-rule (2) of Rule 112 a widow of an employee who re-marries her deceased husband's brother and continues to live a communal life with, or contributes to the support of the other dependents of the deceased, shall not be disqualified for the grant of extraordinary pension, otherwise admissible to her under the Rules of this Chapter.

Rule - 113. Procedure for grant of extraordinary pension.?

 

(1)     All awards made under the Rules in this chapter are subject to the procedure meant for sanction of ordinary pensions for the time being in force, subject to the condition that such procedural rules are not inconsistent with the Rules in this Chapter.

 

(2)     When a claim for any disability pension or family pensionaries, i.e. Head of Office or the Head of the Department in which the injured or the deceased Government servant was employed will forward the claim through the usual channel to the Government with the following documents;

 

(i)       A full statement of circumstances in which the injury was received, the disease was contracted or the death occurred;

 

(ii)      The application for disability pension in Form-25, or, as the case may be, the application for family pension in Form 26;

 

(iii)     .In case of an injury made a Government servant or one who has contracted a disease a medical report to be made in Form 27;

 

(3)     Where the Government are satisfied on the evidence placed before them by a Government servant in respect of whom a medical report for the purpose of grant of disability or other extraordinary pension has been received by them or the possibility of an error of judgement in the decision of the Medical Board which examined him, the Government may direct a second Medical Board consisting of members other than those who constituted the first Medical Board to examine the officer and submit a report to the Government in the matter and thereafter the pension shall be granted to the Officer in accordance with the decision of the second Medical Board.

CHAPTER-XIV

Miscellaneous

Rule - 114. Power to relax.?

 

Where the Governor is satisfied that the operation of any of the provisions of these Rules causes undue hardship in any particular case, he may, by order, for reasons to be recorded in writing, dispense with or relax the requirements of the said provision to such extent and subject to such conditions as he may consider necessary for dealing with the case in a just and equitable manner :

 

Provided that no such order of relaxation shall be made except with the prior consultation of the Finance Department.

Rule - 115. Interpretation.?

 

Where any doubt arises as to the interpretation of these Rules, it shall be referred to the Government in the Finance Department for decision.

Rule - 116. Repeal and saving.?

 

(1)     On the commencement of these Rules, the Orissa Pension Rules, 1977, and orders including Office Memorandum issued thereunder and in force immediately before such commencement shall cease to operate.

 

(2)     Notwithstanding such cessation ?

 

(a)      every nomination for the payment of death/retirement gratuity including every form regarding the details of family of a Government servant for the purpose of family pension, which a Government servant had made or given under the so repealed rules, and

 

(b)      executive instructions issued in the form of Office Memorandum or Resolution indicating the general procedure meant for expeditious disposal of pension cases which are not inconsistent with these rules, shall be deemed to have been made given or issued, as the case may be, under the corresponding provisions of these rules;

 

(c)      any nomination for the payment of death/retirement gratuity, any form regarding the details of family of a Government servant for the purpose of family pension or any formal application for the sanction of pension, required to be made or given by a Government servant under the old rules but not made or given before the commencement of these rules shall be made or given after such commencement in accordance with the provisions of these rules;

 

(d)      any case which pertains to the sanction of pension to a Government servant who had retired before the commencement of these rules and is pending before such commencement shall be disposed of in accordance with the provisions of the old rules as if these rules had not been made;

 

(e)      any case which pertains to the sanction of death/retirement gratuity and family pension to the family of a deceased Government servant or of a deceased pensioner and is pending before the commencement of these Rules shall be disposed of in accordance with the provisions of the old rules as if these rules had not been made;

 

(f)       subject to the provisions of Clauses (c) and (d) anything done or any action taken under the old Rules so ceased shall be deemed to have been done or taken under the corresponding provisions of these Rules.

Rule - 117. Removal of doubts.?

 

If any doubt or difficulty arises in giving effect to the provisions of these Rules, the State Government in the Finance Department may, as occasion may require by order, do anything not inconsistent with the provisions of these rules, who appears to them necessary for the purpose of removing the doubts of difficulty :

 

Provided that no such order shall be issued under this Rule after expiration of a period of five years from the date of commencement of these rules.

 

O.C.S. (Pension) Form - 1

[See Rule 57 (2)]

 

List of Government servants employed in the Office/Department.......................as on the 1st January........1st July who are due to retire between 1st January..........to the 30th June............./1st July to the 31st December (To be sent to the Accountant-General, Orissa, Bhubaneswar/Appointing authority, Administrative Department concerned /Director of Treasuries and Inspection, Orissa, Bhubaneswar/ Estate Officer or the competent following authority in case the Government servant is an allotted of Government accommodation, by the 31st January/31st July at the latest.)

 

O.C.S. (Pension) Form - 2

[See Note (3) below Sub-rule (2) of Rule 39]

Form of Medical Certificate

 

Certified that *I/We have carefully examined Sri/Srimati................/son/daughter of Shri I..........in the.................................Department/Office. His age by his/her own statement is...........................years, t id by appearance about.......years. I/We consider Shri/Shrimati to be completely and permanently incapacitated for further service of any kind in the Department/Office to which he/she belongs in consequence of............there state disease or cause.

(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 Shri/Shrimati.............................is fit for further service of a less laborious character than which he had been doing/may, after resting for...............months, be fit for further service of less laborious character than that which he had been doing.

Medical Authority

Place :................

Dated the..............

Strike out whichever is not applicable.

 

O.C.S. (Pension) Form - 3

[See Rule 63]

Nomination for death or retirement gratuity

 

When the Government servant has a family and wishes to nominate one member, or more than one member, thereof.

 

I..................hereby nominate the person/persons mentioned below who is/are member(s) of my family and confer on him/them the right to receive, to the extent specified below, any gratuity the payment of which may be authorised by the State Government in the event of my death while in service and the right to receive on my death, to the extent specified below, any gratuity which having become admissible to me on retirement may remain unpaid at my death -

This column should be filled in so as to cover the whole amount of the gratuity.

The amount/share of the gratuity shown in this column should cover the whole amount/share payable to the original nominee(s).

 

This nomination supersedes the nomination made by me earlier on which stands cancelled.

 

Note - (i) The Government shall draw lines across the blank space below the last entry to prevent the insertion of any name after he has signed.

(ii) Strike out which is not applicable.

Dated this..............day................of..............20......at....

Two witnesses to signature

1

2.

Signature of Government servant

(To be filled by the Head of office)

Proforma for acknowledging the receipt of the nomination form by the Head of Office

To,

........................................
........................................

Sir,

In acknowledging, the receipt of your nomination, dated...............the cancellation dated the ...............made earlier in respect of gratuity in Form I am to state that it has been duly placed on record.

Note - The Government servant is advised that it would be in the interest of his nominees if copies of the nominations and the related notices and acknowledgments are kept in safe custody so that they may come into the possession of the beneficiaries in the event of his death.

O.C. S. (Pension) Form - 4

[See Rule 53]

Nomination for death or retirement gratuity

 

When the Government servant has no family, and wishes to nominate one person or more than one person.

 

I................................ having no family, hereby nominate the person/persons mentioned below and confer on him/them the right to receive, to the extent specified below, and gratuity the payment of which may be authorised by the State Government in the event of death while in service and the right to receive on my death, to the extent specified below, any gratuity, which having become admissible to me on retirement may remain unpaid at my death.

This nomination supersedes the nomination made by me earlier on ...................which stands cancelled.

Note - (i) The Government shall draw lines across the blank space below the last entry to prevent the insertion of any name after he has signed.

This column should be filled in so as to cover the whole amount of the gratuity.

The amount/share of the gratuity shown in this column should cover the whole amount/share payable to the original nominee(s).

(ii) Strike out which is not applicable.

Dated this.............day of.............20.............at.............

Two witnesses to signature :

1.

2.

Signature of Government servant

(To be filled by the Head of office)

Proforma for acknowledging the receipt of the nomination form by the Head of Office.

To

..................................

..................................

Sir,

In acknowledging the receipt of your nomination, dated the.............../cancellation dated the.........of the nomination made earlier in respect of gratuity in Form.......................I am to state that it has been duly placed on record.

Note - The Government servant is advised that it would be in the interest of his nominee copies of the nominations and the related notices and acknowledgments are kept in safe custody so that they may come into the possession of the beneficiaries in the event of his death.

O.C. S. (Pension) Form - 5

[See Rule 56 (15)]

Details of family

Name of the Government servant :

Designation :

Date of birth :

Date of appointment :

Details of the members of my family* as on.................

I hereby undertake to keep the above particulars up-to-date by notifying to the Head of Office any addition or alteration.

Place................

Date.........

Signature of Government servant

 

Family for this purpose means family as defined in Clause (b) of Sub-rule (17) of Rule 56 of the Orissa Civil Services (Pension) Rules, 1992.

 

Note - Wife and husband shall include respectively judicially separated wife and husband.

 

[O.C.S. (Pension) Form - 5-A

[See Rule 70-A]

Declaration of the retiring Government servant

 

I do hereby give my free and full consent that if any over-payment made to me is detected while in service or after my retirement in respect of my General Provident Fund Account or on account of Gratuity, Pension and Temporary Increase on pension etc., the same shall be recovered from my pay and allowances/leave salary/General Provident Fund/Pension/Commuted Value of Pension/Temporary-Increase on Pension/Interim Relief or Gratuity etc., payable to me or to my family at any time.]

 

O.C.S. (Pension) Form - 6

[See Rules 58 (2) and 62]

Particulars of the retiring Government servant

 

1.        Name and designation :

 

2.        Date of birth :

 

3.        Date of retirement :

 

4.        Two specimen Signatures (to be furnished in a separate sheet) duly attested by a Gazetted Government servant.

 

5.        Three copies of passport size joint photograph with wife or husband (to be attested by the Head of Office).

 

6.        Two slips showing the particulars of height and personal identification marks duly attested by a Gazetted Government servant.

 

7.        Present address :

 

8.        Address after retirement :

 

9.        Name of the Treasury through which the pension is to be drawn;

 

10.     Details of the family in form 3 :

 

11.     Indicate whether family pension is admissible from any other source-Military or other State Government/Government of India/ or a Public Sector Undertaking/Autonomous body/Local Fund under the State Government/Government of India/or other State Government.

 

Two slips each bearing the left hand thumb and finger impressions duly attested by a Gazetted Government servant may be furnished to a person who is not literate enough to sign his name. If such a Government servant on account of physical disability is unable to give left hand thumb and finger impressions he may give thumb and finger impressions of the right hand. Where a Government servant has lost both hands, he may give his impressions. Impressions should be duly attested by a Gazetted Government servant.

 

(i) Two copies of the passport size photograph of self only need be furnished;

 

(ii) If the Government servant is unmarried/or a widower or a widow;

 

(iii) Where it is not possible for a Government servant to submit photograph with his wife or her husband he or she may submit separate photographs. The photographs shall be attested by the Head of Office.

 

Specify a few conspicuous marks, not less than two, possible.

Any subsequent change of address should be notified to the Head of Office

Place :...

Signature and Designation of the Head of Office

Date .........

 

O.C.S. (Pension) Form - 7

[See Rules 58 (1) and 61, 62 (1), 62 (2)(i) and 64]

Particular for preparing pension papers

(To be sent in duplicate if payment is desired in a different circle of accounting unit)

Part-I

1.        Name of the Government servant

 

2.        Father's name (and also husband's name in the case of female Government servant)

 

3.        Date of birth (by Christian Era)

 

4.        Religion

 

5.        Permanent address

 

6.        Present or last appointment including name of establishment

 

7.        Class of pension applicable

 

8.        Total period of military service for which pension or gratuity was sanctioned

 

9.        Amount and nature of any pension/gratuity received for the military service.

 

10.     Amount and nature of any pension/gratuity received for previous civil service.

 

11.     Government under which service has been rendered in order of employment

Y       M       D

12.     Date of beginning of service

 

13.     Date of ending of service

 

14.     Length of gross service

Y       M       D

15.     Period of non-qualifying service

(I + II + III + IV)

 

16.     Interruption in service condoned

From             To

 

17.     Extraordinary leave not qualifying for pension

 

18.     Period of suspension not related as qualifying service

 

19.     Any other service not treated as qualifying service

 

20.     Addition to qualifying service under Rules 32, 41, 42

 

21.     Total qualifying service

(13 + 15 - 14)

 

22.     Emoluments in terms of Rule 48

 

23.     Proposed amount of pension/service gratuity

 

24.     Proposed amount of retirement gratuity

 

25.     Proposed amount of family pension

 

26.     Before attaining 65 years

 

27.     After attaining 65 years.

 

28.     Outstanding Government dues for recovery from gratuity-

 

29.     Licence fee for Government accommodation

 

30.     Balance of house building, conveyance or other advance with interest

 

31.     Over-payment of pay and allowances including leave salary

 

32.     Any other assessed dues and the nature thereof

 

33.     Amount held from gratuity pending assessment of any of the above Government dues.

 

34.     Date from which pension is to commence

 

35.     Place of payment (Name of Treasury/ Special Treasury/ Sub-Treasury)

 

36.     Head of account to which pension and gratuity

 

37.     Signature of the Head of Office with designation

 

Part ? II

 

Sanction is hereby accorded in favour of Shri/Smt./Kumari..............(Name with designation) in the Dept. /Office........for payment of pension/service gratuity/retirement gratuity and in the event of death, family pension as admissible under Rules.

 

The amount of outstanding Government dues and the amount withheld as suggested in Part-1 this form shall be taken into account before authorising pensionary benefits by the Accountant-General Orissa.

 

Signature of the Pension sanctioning

Authority with designation

 

Part-III

Account enfacement by the Accountant-General, Orissa

 

1.        Name of Government servant

 

2.        Class of pension

 

3.        Gross service admitted

 

1.        Admitted non-qualifying service

 

4.        Admitted qualifying service

 

5.        Addition to qualifying service

 

6.        Admitted amount of pension/service gratuity

 

7.        Admitted amount of retirement gratuity

 

8.        Admitted amount of family pension

 

9.        Before attaining 65 years

 

10.     After attaining 65 years

 

11.     Amount of outstanding Government dues recovered from gratuity

 

12.     Amount withheld from gratuity pending assessment of Government dues

 

13.     Date of commencement of pension

 

14.     Head of account to which pensionary benefits are debitable

 

15.     Accounts Officer

 

O.C.S. (Pension) Form-8

Pension calculation sheet

[See Rule 62 (3)]

 

1.        Name of Government servant

 

2.        Present or last appointment including name of establishment

 

3.        Date of birth (by Christian era) (in figures and words)

 

4.        Date of beginning of service

 

5.        Date of superannuation/retirement

 

6.        Length of gross service

Y       M       D

7.        Total non-qualifying service

 

8.        Qualifying service

 

9.        Addition to qualifying service

 

10.     Total qualifying service

 

11.     Emoluments for pensionary gratuity

 

12.     Amount of pension/service gratuity

 

13.     Amount of retirement gratuity

 

14.     Amount of family pension

 

15.     Before 65 years

 

16.     After 65 years

 

17.     Details of commutation of pension-

 

18.     Amount of monthly pension commuted

 

19.     Amount of commuted value

 

20.     Outstanding Government dues adjusted from gratuity

 

21.     Amount withheld from gratuity pending assessment of Government dues

Countersigned

Accounts Officer

O.C. S. (Pension) Form - 9

[See Rule 62(2)]

Information to Accountant-General forwarding the pension papers of retiring Government servant

 

No.................................

Government of Orissa

Department/Office

Dated ...........

To

The Accountant-General, Orissa, Bhubaneswar.

Subject - Forwarding of pension papers Sir,

I am directed to forward herewith the pension papers of Shri/ Smt./Kumari.................... (Name and designation) in the Department/Office...........as per the details given below for further necessary action.

 

2. The following outstanding Government dues are to be recovered from the retirement gratuity and adjusted.

3. Pending assessment any of the above outstanding Government dues, if any necessary amount as required under Rule 65(4) shall be withheld from retirement gratuity.

 

4. The fact of authorisation of pensionary benefits has to be intimated to this Office/Department.

Yours faithfully

Signature of the Pension Sanctioning

Authority with designation

 

Memo No.............../ Dated...........

Copy forwarded to Shri/Smt./Kumari ........................(Name with designation) for information and necessary action.

Signature of Pension Sanctioning authority with designation

Memo No....................................

Dated.................

Copy forwarded to the (Head of Office) for information and necessary action.

Signature of Pension Sanctioning Authority with designation

 

O.C. S. (Pension) Form - 10

[See Rule 72 (2)(b)]

Information to the member or members of the family of deceased Government servant where valid nomination for the grant of the death gratuity exits

 

No.............

Government of Orissa..............

Office/Department..............

Dated the.............

To

...............................

...............................

Subject - Payment of death gratuity in respect of the late Sri/ Srimati..................................

Sir/Madam,

I am directed to state that in terms of the nomination made by late Shri/Smt..............(Designation) in the Office/Department of a death gratuity is payable to his/her nominee(s). A copy of the said nomination is enclosed herewith.

2. I am to request that a claim for the grant of gratuity may be submitted by you in the enclosed Form 12.

3. Should any contingency have happened since the date of making the nomination, so as to render the nomination invalid, in whole or in part, precise details of the contingency may kindly be stated.

Yours faithfully,

Head of Office

 

O.C. S. (Pension) Form -11

[See Rule 72(2)]

Information to the member or members of the family of a deceased Government servant where valid nomination for the grant of the death gratuity does not exist

 

No..............

Government of Orissa

Office/Department of...............

Dated the..............

To

...............................

...............................

Subject - Payment of death gratuity in respect of the late Shri/Smt.......................................................................

Sir/Madam,

I am directed to say that in terms of Rule 49 of the Orissa Civil Services (Pension) Rules, 1992 a death gratuity is payable to the following members of the family of late Shri/Smt.....................(Designation) in the Office/Department of in equal shares :

2. In the event of three being no surviving member of the family as indicated above, the gratuity will be payable to the following members of the family in equal shares :

 

3. It is requested that a claim for the payment of gratuity may be submitted in the enclosed Form 12 as soon as possible.

Yours faithfully,

Head Of Office

 

O.C.S. (Pension) Form -12

[See Rule 72 (2)]

Application for grant of death gratuity on the death of a Government servant

 

(To be filled in separately by each claimant and in case the claimant is minor, the Form should be filled by the guardian on his/her behalf. Where there are more than one minor, the guardian should claim gratuity in one Form on their behalf.)

 

1.        Name of the claimant in case he is not minor

 

2.        Date of birth of the claimant

 

3.        Name of the guardian in case the claimants are minors

 

4.        Date of birth of the guardian

 

5.        Name of the deceased Government servant in respect of whom gratuity is being claimed

 

6.        Date of death of Government servant

 

7.        Office/Department in which the deceased served last

 

8.        Relationship of the claimant/guardian with the deceased Government servant

 

9.        Full Postal Address of the claimant/guardian

 

10.     Where gratuity is claimed by the guardian on behalf of minors, the name of the minors, their age, relationship with the deceased Government servant, etc."

11.     Relationship of the guardian with minor

 

12.     Name of the Treasury or Sub-Treasury or Special Treasury at which payment is desired

 

13.     Signature/Thumb impression of the claimant/guardian

 

14.     Two specimen signatures * or left hand thumb and finger impressions of the claimant/guardian duly attested.

 

15.     (To be furnished in a separate sheet)

 

16.     ** Attested by

 

17.     Witnesses ?

 

To be furnished in case the applicant is not literate enough to sign his name.

Attestation should be done by two Gazetted Government servants or two or more persons of respectability in the village or Pragana in which the applicant resides.

 

O.C. S. (Pension) Form -13

[See Rule 72 (3)]

Information to the widow/widower of a deceased Government servant for grant of family pension

No................................

Government of Orissa

Office/Department of..............

Dated the.........................

To

...............................

...............................

...............................

Subject - Payment of family pension in respect of Shri/Smt Sir/Madam....................

I am directed to say that in terms of Rule 56 of the Orissa Civil Services (Pension) Rules, 1992 a family pension is payable to you as widow/widower of the late Shri/Shrimati.........................(Designation) in the Office/Department of .......................

2. You are advised that a claim for the grant of family pension may be submitted in the enclosed Form 14.

3. The family pension will be payable till your death or remarriage, whenever event occurred earlier. In the event of your death or re-marriage, the family pension shall be granted to the children, if any, through the guardian.

Yours faithfully,

Head of Office

 

O.C. S. (Pension) Form - 14

[See Rule 72(3) and 80(2)]

Application for grant of family pension on the death of a Government servant/pensioner

 

1.        Name of the applicant

 

2.        Widow/Widower

 

3.        Guardian, if the deceased person is survived by child or children.

 

4.        Name and age of surviving widow/widower and children of the deceased Government servant/pensioner

5.        Name and No. of the P.P.O. of the deceased pensioner

 

6.        Date of death of the Government servant/ pensioner

 

7.        Office/Department in which the deceased Government servant/pensioner served last

 

8.        If the applicant is guardian, his date of birth and relationship with the deceased Government servant/ pensioner

 

9.        If the applicant is a widow/ widower the amount of service pension which she/ he may be in recept on the date of death of the husband/wife

 

10.     Full address of the applicant

 

11.     Name of the Treasury or Sub-Treasury or Special Treasury at which payment is desired

 

12.     Enclosures ?

 

13.     Two specimen signatures of the applicant, duly attested (To be furnished in two separate sheets)

 

14.     Two copies of passport size photograph of the applicant, duly attested.

 

15.     Two slips each bearing left hand thumb and finger impressions * of the applicant, duly attested.

 

16.     Descriptive Roll of the applicant, duly attested, indicating

 

17.     height and (b) personal marks, if any, on the hand, face, etc. (Specify a few conspicuous marks not less than two, if possible)

 

18.     (be furnished in duplicate)

 

19.     Certificate(s) of age (in original with two attested copies) showing the date of birth of the children. The Certificates should be from the Municipal Authorities or from the local Panchayat or from the head of a recognised school if the child is studying in such school. (This information should be furnished in respect of such child or children, the particulars of those date of birth are not available with the Head of Office).

 

20.     Indicate whether family pension is admissible from any other source - Military or any other State Government or Central Government and/or a public sector undertaking/autonomous body/local fund under the State or Central Government.

 

21.     Signature or left hand thumb impression *of the applicant

 

22.     Attested by :

 

23.     .......................................................................

 

24.     ......................................................................

 

25.     Witnesses ?

 

26.     .................................................................................

 

27.     ......................................................................

 

Note - Attestation should be done by two Gazetted Government servants or two or more persons the respectability in the town, village or pragana in which the applicant resides.

 

To be, furnished in case the applicant is not literate enough to sign his/her name.

 

In the case of remarriage of the widow while applying for family pension on behalf of the minor child the widow should furnish (i) the date of her remarriage, (ii) name of the Treasury/Sub-Treasury at which payment is desired, and (iii) her full address in the application for family pension. It is not necessary to furnish a fresh application or the 'documents as they are already available with the pension papers on which family pension was originally admitted to her.

 

[OCS (Pension) Form 14-A]

[See Rule 80(2) E (i)(ii)]

Application for the grant of family pension to the father/mother of the deceased Government servant/pensioner

 

1.        Full name and address of the Applicant

 

2.        Relationship with the deceased Government servant/pensioner

 

3.        Name and number of the P.P.O. of the deceased Pensioner.

 

4.        Date of death of Government servant/pensioner.

 

5.        Office/Department in which the deceased Government servant/pensioner served last.

 

6.        Name of the Treasury or Sub-Treasury or Special Treasury at which payment is desired.

 

7.        Enclosure to be supplied by the claimant-

 

8.        Two specimen signatures of the applicant duly attested (to be furnished in two separate sheets).

 

9.        Two copies of Passport size photographs of the applicant duly attested.

 

10.     Two slips each bearing left hand thumb and finger impressions of the Applicant duly attested.

 

11.     Attested copy of Death Certificate.

 

12.     Descriptive Roll of the applicant, duly attested indicating (a) height and (b) personal marks, if any, on the hand, face, etc.

 

13.     Whether pension/family pension is admissible from any other sources.

 

14.     Signature or left hand thumb impression* of the applicant

 

15.     Attested by ?

 

16.     Name and designation                 Full Address                 Signature with seal

 

17.     Witness :

 

To be furnished in case the applicant is not literate enough to sign his/her name.

Attestation should be done by a Gazetted Government servant or persons of responsibility (Local Sarpanch, Block Chairman, Ward Councillor, Municipal Chairman, Local M.L.A./M.P.) in the village/town in which the applicant resides.]

 

O.C.S. (Pension) Form -15

[See Rules 73(1) and 75, 77]

Form for assessing and sanctioning family pension/death gratuity in case of death while in service

(To be sent in duplicate if payment is desired in a different unit of accounting circle)

Part ? I

 

1.        Name of the deceased Government servant

 

2.        Father's name (and also husband's name in the case of female Government servant)

 

3.        Date of birth (by Christian era)

 

4.        Date of death (by Christian era)

 

5.        Religion

 

6.        Permanent address

 

7.        Last appointment including name of establishment

 

8.        (i) Total period of military service for which pension or gratuity was sanctioned.

(ii) Amount and nature of any pension, gratuity received for military service.

9.        Amount and nature of any pensionary benefit received for previous civil service-

 

(i)       Amount of pension

 

(ii)      Amount of retirement gratuity

 

(iii)     Amount of family pension

 

10.     Government under which service has been rendered in order of employment

 

11.     Date of beginning of service

 

12.     Date of ending of service

 

13.     Length of gross service

14.     Total periods of non-qualifying service

(I + II + III + IV)

 

(i)       Interruption in service condoned

 

(ii)      Extraordinary leave not qualifying for pension

 

(iii)     Period of suspension not treated as qualifying service

 

(iv)    Any other service not treated as qualifying service

 

15.     Total qualifying service (13 - 14)

 

16.     Emoluments in terms of Rule 48

 

17.     Proposed amount of family pension with period

 

18.     Proposed amount of death gratuity               Rs.

 

19.     Outstanding Government dues for recovery from death gratuity ?

 

(i)       Licence fee for Government accommodation

 

(ii)      Balance of house building, conveyance or other advance

 

(iii)     Over payment or pay and allowances including leave salary

 

(iv)    Any other assessed dues and the nature thereof

 

20.     Amount held over from gratuity pending assessment of any of the above Government dues

 

21.     Amount of provisional sanction accorded

 

(i)       Amount of family pension

 

(ii)      Amount of death gratuity

 

(iii)     Amount of outstanding Government dues out of Col. 19 recovered from provisional gratuity

 

22.     Person to whom family pension is payable-

 

(i)       Name

 

(ii)      Relationship with the deceased Government servant/ pensioner

 

(iii)     Full postal address

 

23.     (i) Name of the guardian who receive payment of family pension/death gratuity in case of minor (s)

(ii) Relation with the deceased Government servant/ pensioner

(iii) Full postal address

24.     Persons to whom death gratuity is payable when valid nomination subsists-

 

(i)       Name

 

(ii)      Relationship

 

(iii)     Amount or share of death gratuity

 

(iv)    Full postal address

 

25.     Persons to whom death gratuity is payable when valid nomination does not subsist

26.     Name of Treasury/Sub-Treasury for payment

 

27.     Head of account to which family pension/death gratuity are debitable

 

28.     Signature with designation of the Head of Office

 

Part ? II

 

Sanction is hereby accorded for payment of family pension/ death gratuity as admissible under Rule in favour of the persons mentioned at SI. Nos. 22, 23, 24, and 25 as the case maybe in Part I of this form consequent on the death of Shri/Smt./Kumari.......................(Name with designation) in the Department/Office.

 

The amount of outstanding Government dues, amount withheld from gratuity and the amount of sanction of provisional family pension/ death gratuity as suggested in Part I of this form shall be taken into account before authorising pensionary benefits by the Accountant-General, Orissa.

Signature with designation of the Pension Sanctioning Authority

 

Part-III

Account enfacement by the A.G., Orissa

 

1.        Name of deceased employee

 

2.        Date of death

 

3.        Gross service admitted

 

4.        Admitted non-qualifying service

 

5.        Admitted qualifying service

 

6.        Admitted amount of family pension with period

 

7.        Admitted amount of death gratuity

 

8.        Amount of outstanding Government dues recovered from gratuity

 

9.        Amount of provisional family pension/death gratuity to be adjusted.

 

10.     Amount withheld from death gratuity pending assessment of Government dues'

 

11.     Head of account to which pensionary benefits are to be debitable

 

Accounts Officer

 

[O.C.S. (Pension) Form - 15-A]

[See Rule 80(2) E (iii)]

Form for sanctioning family pension to the father/mother on the death of pensioner/family pensioner or on cessation of family pension

 

To

The Accountant General (A & E),

Orissa, Bhubaneswar

Sub : Grant of Family pension to the father/mother.

I am directed to say that Shri/Smt...................... was authorised for payment of pension/family pension of Rs.........with effect from..........

 

2. Intimation has been received in this Department/Office that Shri/ Smt.....................................died on..............

 

3. Sanction for grant of family pension of Rs.............per month to the father/mother is hereby accorded. The family pension will take effect from..................

 

4. Name of the Treasury/Sub-Treasury/Special Treasury for payment '

 

5. The family pension is debitable to the head...............

 

6. Attention is invited to the intimation furnished in list of enclosures.

Yours faithfully,

Pension Sanctioning Authority

List of enclosures :

 

1. Slip contains specimen signature or left hand thumb and finger impression of the claimant duly attested.................. (2 copies)

 

2. Slip containing height, personal marks of identifications of the claimant duly attested............... (2 copies)

 

3. Application for family pension in OCS (Pension) Form 14-A

 

4. Passport size photograph of the applicant in OCS (Pension) Form 14-A.

 

O.C.S. (Pension) Form -16

[See Rule 75(2)]

Form for forwarding the family pension/death gratuity papers of a deceased Government servant/pensioner to the Accountant-General

 

No.....................

Government of Orissa

Department/Office...............

Dated.....................

To

The Accountant-General, Orissa, Bhubaneswar.

Subject - Forwarding of family pension/death gratuity papers.

Sir,

I am directed to forward herewith the family pension/death gratuity papers of Shri/Smt./Kumari.........................(Name with designation) in the Deptt./Office.....................as per the details given below for further necessary action.

 

(2) The following outstanding Government dues are to be recovered from the death gratuity and adjusted ?

 

(1)     Licence fee for Government accommodation

 

(2)     Balance of house building, conveyance and other advances

 

(3)     Over-payment of pay and allowances including leave salary

 

(4)     Any other assessed Government dues.

 

3. The payment of provisional family pension/death gratuity sanction of which was communicated to the Accountant-General, Orissa, Bhubaneswar in this Department/Office Memo No.............dated........shall be adjusted from the final payment.

4. Pending assessment any of the above outstanding Government dues, if any, necessary amount as required under Rule 78(1)(vi) shall be withheld from death gratuity.

 

5. The fact of authorisation of pensionary benefits has to be intimated to this Department/Office.

 

Yours faithfully

Signature with designation

Pension Sanctioning Authority

List of Enclosures

Memo No....................

Dated...................

Copy forwarded to Shri/Smt................[claimants in O.C.S. (Pension) Form Nos. 14 and 12]...................... (Head of Office) for information and necessary action.

Signature and designation of pension Sanctioning Authority

 

O.C. S. (Pension) Form -17

[See Rules 65 (4) and 76(1)]

Form for sanctioning provisional pension, family pension and gratuity

 

Space for

Photograph*

Sanction is hereby accorded for payment of provisional ** pension family pension and gratuity as indicated below in favour of Shri/Smt..........................................................pending issue of final P.P.O, and G.P.O. by the Accountant-General, Orissa.

 

1.        Name of the pensioner/family pensioner

 

2.        Father's/husband's name

 

3.        Office/Department in which the pensioner/deceased Government servant served last

 

4.        Permanent address

 

5.        Amount of provisional pension/family pension.

 

6.        Date from which provisional pension / family pension is payable.

 

7.        Amount of retirement/death gratuity

 

8.        Amount of gratuity to be deducted towards the outstanding Government dues as per details below ?

 

9.        Licence fee for Government accommodation

 

10.     Balance of house building conveyance and other advance with interest, if any

 

11.     Over-payment of pay and allowance including leave salary

 

12.     Any other assessed Government dues

 

13.     The amount of gratuity to be withheld for adjustment of unassessed Government dues

 

14.     Amount of gratuity to be held over for adjustment of any of the above unassessed dues, if any

 

15.     Amount of gratuity payable to the pensioner

 

16.     Amount of gratuity, if any, payable to the members of the deceased Government servant as per details below-

 

Signature and seal of the Pension

Sanctioning Authority

Memo No..................Dated.............

Copy forwarded to................(Head of Office)/Treasury/Sub-Treasury/Special Treasury Officer........................../Accountant-General, Orissa, Bhubaneswar/Beneficiary concerned, for information and necessary action.

Signature and seal of the Pension

Sanctioning Authority

 

Indemnity Bond

O.C. S. (Pension) Form -18

[See Rule 55 (3)]

Form of bond of Indemnity for payment of minor(s) share of death/retirement gratuity up to Rs. 10,000 (Rupees ten thousand) to the person without production of guardianship certificate

Joint Photograph in case of provisional pension and single photograph of the claimant for-provisional family pension.

Score the items not necessary.

KNOW ALL MEN by these presents that we (a).............(b).............the widow/son/brother, etc. of (c) .......................deceased resident of..............(hereinafter called "the Obligor") and (d)............... son/wife/daughter of .............resident of..............and...............son/wife/daughter of *..............resident of..............the sureties for and on behalf of the Obligor (hereinafter called 'the sureties') are held firmly bound to the Governor of Orissa [hereinafter called 'the Government' in the sum of Rs.................(Rupees.........................only) well and truly to be paid to the Government on demand and without a demur for which payment we bind ourselves and our respective heirs, executors, administrators, legal representatives, successors and assigns by these parents]

Signed this.............day of............two thousand and.............

WHEREAS (c)..................:...................was at the time of his death in the employment of the Government/receiving a pension at the rate of Rs................................... (Rupees..............................only) per month from the Government.

AND WHEREAS the said (c)..................died on the .............day of .............20................there was due to him at the time of his death the sum of Rs................(Rupees...............only) for and towards share of his minor son/daughter in the death/retirement gratuity.

AND WHEREAS the Obligor claims to be entitled to the said sum as de facto guardian of the minor son/daughter of the said (c) ..................but has not obtained till the date of these presents the certificate of guardianship from any competent Court of law in respect of the said minor(s).

AND WHEREAS the Obligor has satisfied (e) .................that he/she is entitled to the aforesaid sum and that it would cause undue delay and hardship if the Obligor be required to produce the certificate of guardianship from the competent Court of law before payment to him of the said sum of Rs...............

AND WHEREAS the Government has no objection to the payment of the said sum of the Obligor but under Government Rules and Orders, it is necessary for the Obligor to first execute bond with one surety or sureties to indemnify the Government against all claims to the amount before the said sum so due as aforesaid to the said (c) .................. before the said sum can be paid to the Obligor.

AND WHEREAS the Obligor and at his/her request the surety/ sureties have agreed to execute the bond in the terms and manner hereinafter contained.

NOW THE CONDITION OF THIS BOND is such that if after payment has been made to the Obligor, the Obligor and/or the surety/sureties shall in the event of a claim being made by any other person against the Government with respect to the aforesaid sum of Rs...............refund to the Government the said sum of Rs ..................and shall otherwise indemnify and keep the Government harmless and indemnified against and from ail liabilities in respect of the aforesaid sum and all costs incurred in consequence of the claim thereto. THEN the above written bond or obligation shall be void and of no effect but otherwise it shall remain in full force, effect and virtue.

AND THESE PRESENTS ALSO WITNESS that the liability of the sureties hereunder shall not be impaired or discharged by reason of time being granted by or any forbearance act or omission of the Government whether with or without the knowledge or consent of the surety/sureties in respect of or in relation to the obligations or conditions to be performed or discharged by the Obligor or by any other method or thing whatsoever which under the law relating to sureties, shall but for this provision have the effect of so relating the surety/sureties from such liability nor shall it be necessary for the Government to sue the Obligor before suing the surety/sureties or either of them for the amount due hereunder, and the Government agrees to bear the stamp duty, if any, chargeable on these presents.

IN WITNESSES WHEREOF the Obligor and the surety/ sureties hereto have set and subscribed the respective hands hereunto on the day month and year above written.

Signed by the above named Obligor in the presence of

1..............

2..............

Signed by the above named 'surety/sureties'

1..............

2..............

Accepted for and on behalf of the Government of Orissa by....

Name and designation of the Officer directed or authorised, in pursuance of Article 229 (1) of the Constitution, to accept the bond for and on behalf of the Governor in the presence of

(Name and designation of witness)

Note I - (a) Full name of the claimant referred to as the 'Obligor'.

(b) State relationship of the Obligor to the deceased.

(c) Name of the deceased Government Officer.

(d) Full name or names of the sureties with name or names of the father(s)/husband(s) and place of residence.

(e) Designation of the officer responsible for payment.

Note II - The Obligor as well as the sureties should have attained majority so that the bond may have legal effect or force.

 

Indemnity Bond

O.C. S. (Pension) Form - 19

[See Rule 56 (19) (ii)(b)]

Form of Indemnity Bond for payment of family pension/death gratuity in case of disappearance of the Government servant while in service

 

KNOW ALL MEN by these presents that we (a)................I.............. (b) the wife/son/brother etc. of (c)......................who was holding the post of in the Department/Office of is reported to have been missing since...................(hereinafter referred to as 'Missing Government servant') resident of.............(hereinafter called "the Obligator") and (c)..........................................................................son/wife/daughter of Shri................ residence of...................and........................................................................son/wife/daughter of.............. resident of ...........................the sureties for and on behalf of the Obligor (hereinafter called 'the sureties') are held firmly bound to the Government of Orissa (hereinafter called 'the Government') in the sum of Rs.......................................................(Rs....................................................in words) equivalent of the amount on account of payment of salary, leave encashment, G.P.F. retirement/death-gratuity and each and every sum being the monthly family pension will and truely to be paid to the Government on demand and without a demur together with simple interest at rate per cent p.a. from the date of payment thereof (until re-employment for which payment we bind ourselves and our respective heirs, executors, administrators, legal representatives, successors and assigns by these present.

Signed this..........day of..............two thousand and...........

WHEREAS (c)......................was at the time of his disappearance, in the employment of the Government receiving a pay at the rate of Rs......(in words) only per month from the Government.

AND WHEREAS the said (c)......................disappeared on the day of...............20.......and there was due to him at the time of disappearance the sum equivalent of (i) salary due, (ii) leave encashment, (iii) G.P.F. and (iv) retirement/death gratuity.

AND WHEREAS the Obligor is entitled to family pension Rs............(Rupees...................) only admissible temporary increase thereon.

AND WHEREAS the Obligor has represented that he/she is entitled to the aforesaid sum and approached the Government for making payment thereof to avoid undue delay and hardship.

AND WHEREAS the Government has agreed to make payment of the said sum of Rs ....................... (in words) and monthly family pension @ Rs.........................(in words) only temporary increase thereon to the Obligor upon the Obligor and the sureties entering into a bond in the above mentioned sum to indemnify the Government against all claims to the amount so due to the aforesaid missing Government servant.

AND WHEREAS the Obligor and at his/her request the surety/sureties have agreed to execute the bond in the terms and manner hereinafter contained.

NOW THE CONDITION OF THIS BOND is such that if after payment has been made to the Obligor, the Obligor and/or the surety/ sureties shall in the event of a claim being made, by any other person or the missing employee on appearance, against the Government with respect to the aforesaid sum of Rs..................(in words) and the sums paid by the Government as monthly pension and temporary increase as aforesaid then refund to the Government the said sum of Rs (in words) and each and every sum paid by the Government as monthly pension and temporary increase together with simple interest @ ..........% per annum and shall, otherwise, identify and keep the Government harmless and indemnified against and from all liabilities in respect of the aforesaid sums and all costs incurred in consequences of the claim thereto. THEN the above written bond or obligation shall be void and or on effect but otherwise it shall remain in full force, effect and virtue.

AND THESE PRESENTS ALSO WITNESS that the liability of the surety/ sureties hereunder shall not be impaired of discharged by reason being granted by or any forbearance act or omission of the Government whether with or without the knowledge or consent of the Surety/Sureties in respect of or in relation to the obligations or conditions to be performed or discharged by the Obligor or by any other method or thing whatsoever which under the law relating to sureties would but for this provision shall have no effect or so releasing the surety/sureties from such liability nor shall it be necessary for the Government to sue the Obligor before suing the surety/sureties or either of them for amount due hereunder, and the Government agree to bear the stamp duty, if any, chargeable on these presents.

IN WITNESS WHEREOF the Obligor and the surety/sureties hereto have set and subscribed their respective hands hereunto on the day month and year above written.

Signed by the above named 'Obligor' in the presence of -

1.......................

 

2.. :...................

 

Signed by the above named 'surety/sureties'

1 ...................

 

2.......................

 

Accepted for and on behalf of the Governor of Orissa [Name and designation of the Officer directed or authorised, or in pursuance of Article 299 (1) of the Constitution, to accept the bond for and on behalf of the Governor] in the presence of....................

(Name and designation of witness)

Note I - (a) Full name of the claimant referred to as the 'Obligor'.

(b) State relationship of the 'Obligor' to the missing Government servant.

(c) Name of the 'missing Government servant'.

(d) Full name or names of the sureties with name or names of the father(s)/husband (s) and place of residence.

Note II - The Obligor as well as the sureties should have attained majority so that the bond may have legal effect or force.

Note III - The rate of simple interest will be as prescribed by the Government from time to time.

 

Indemnity Bond

O.C. S. (Pension) Form - 20

[See Rule 56 (20)(B)(b)]

Form of indemnity Bond for family pension/death gratuity in case of disappearance of retired pensioner

 

KNOW ALL MEN by these presents that we (a) ............................. (b).................the widows/son/brother/nominee etc. of (c)......................who had retired from the post of....................in the Department/Office of.................and who was in receipt of pension from .........................is reported to have been missing since.......................(hereinafter referred to as 'missing pensioner') resident of ....................... (hereinafter called 'the Obligor') and (d) son/wife/daughter of............resident of...............and son/wife/daughter of resident of.............................. the sureties for and on behalf of the Obligor (hereinafter called 'the sureties") are held firmly bound to the 'Governor of Orissa (hereinafter called "the Government") in each and every sum being the arrears of pension and monthly family pension and temporary increase thereon well and truely to be paid to the Government on demand and without a demur together with simple interest at the rate of...............% per annum from the date of payment until repayment for which payment we bind ourselves and our respective heirs, executors, administrators, legal representatives, successors and assigns by these presents.

Signed this day of... two thousand and......

WHEREAS (c) was at the time of his disappearance a State Government of pensioner receiving a pension at the rate of Rs..........(in words) only per month and temporary increase from the Government.

AND WHEREAS the said (c) disappeared on the .....day of..............20.............and there was due to him at the time of his disappearance the sum equivalent of arrears of pension due.

AND WHEREAS the Obligor is entitled to family pension at Rs.................................(Rupees................only) plus admissible temporary increase thereon.

AND WHEREAS the Obligor has represented that he/she is entitled to the aforesaid sum and approached the Government for making payment thereof to avoid undue delay and hardship.

AND WHEREAS the Government has agreed to make payment of the said sum of Rs ...............(in words) the monthly family pension at (in words)..............plus temporary increase thereon to the Obligor upon the Obligor and the sureties entering into a bond in the above mentioned sum to indemnify the Government against all claims to the amount so due to the aforesaid missing Government pensioner.

AND WHEREAS the Obligor and at his/her request the surety/ sureties have agreed to execute the bond in the terms and manner hereinafter contained.

NOW THE CONDITION OF THIS BOND is such that if after payment has been made to the Obligor and/or the surety/sureties shall in the event of a claim being made, by any other person or the missing pensioner on appearance, against the Government with respect to the aforesaid sum of Rs..............(in words)..............and the sums paid by the Government as monthly family pension and temporary increase as aforesaid then refund to the Government the said sum of Rs.........................................(in words) and each and every sum paid by Government as monthly family pension and temporary, increase together with simple interest @.............% per annum and shall otherwise, indemnify and keep the Government harmless and indemnified against and from ail liabilities in respect of the aforesaid sums and all costs incurred or obligation shall be void and of no effect but otherwise it shall remain in full force, effect and virtue.

AND THESE PRESENTS ALSO WITNESS that the liability of surety/ sureties hereunder shall not be impaired or discharged by reason or time being granted by or any forbearance act or omission or the Government whether with or without the knowledge or consent of the surety/sureties in respect of or in relation to the obligations or conditions to be performed or discharged by the Obligor or by any other method or thing whatsoever which under the law relating to sureties would but for this provision shall have no effect of so releasing the surety/ sureties from such liability nor shall it be necessary for the Government to sue the Obligor before suing the surety/ sureties or either of them for the amount due hereunder and the Government agrees to bear the stamp duty, if any, chargeable on these presents.

IN WITNESS WHEREOF the Obligor and the surety/sureties hereto have set and subscribed respective hands hereunto on the day, month and year above written.

Signed by the above named 'Obligor' in the presence of

1.......................

2.......................

Signed by the above named surety/sureties'

1................ :....

2 .....................

Accepted for and on behalf of the Governor of Orissa by.....................(Name and designation of the Officer directed or authorised, in pursuance , of Article 299 (1) of the Constitution to accept the bond for/on behalf of the Governor) in the presence of.................

(Name and designation of witness)

Note I. (a) Full name of the claimant referred to as the 'Obligor'.

(b) State relationship of the 'Obligor' to the missing pensioner'.

(c) Name of the 'missing pensioner'.

(d) Full name or names of the sureties with name or names of the father (s)/husband and place of residence.

Note II - The Obligor as well as the sureties should have attained majority so that the bond may have legal effect or force.

Note III - The rate of simple interest will be as prescribed by the Government from time to time.

 

O.C. S. (Pension) Form - 21

[See Rule 80(2)]

Form for sanctioning family pension to the child or children of a retired Government servant who dies after retirement but does not leave behind a widow or widower

No .................

Government of Orissa

Department/Office of.............

Dated the............

To

The Accountant-General, Orissa, Bhubaneswar.

Subject - Grant of family pension to the child/children. Sir,

I am directed to say that Shri/Shrimati.................formerly (Designation) of Rs..........service..........with effect from in this Department/Office was authorised pension on his/her retirement from

 

2. Intimation has been received in this Department/Office that Shri/Shrimati died on and that at the time of death left no widow/widower but was survived by the following children.

 

The names of children, should be mentioned in the order of eligibility mentioned in Rule 56(7) (c) of the Orissa Civil Services (Pension) Rules, 1992.

3. In terms of Rule 56 of the Orissa Civil Services (Pension) Rules, 1992 the amount of family pension has become payable to the children in the order mentioned above. The family pension will be payable on behalf of the minor to Shri/Shrimati.................who is the guardian.

 

4. Sanction for the grant of family pension of Rs................... per month to the children mentioned above is hereby accorded be family pension will take effect from and subject to the provisions of Sub-rule (5) of Rule 56 of the Orissa Civil Services (Pension) Rules, 1992 will be tenable till.......

 

5. The family pension is debitable to the Head...................

 

6. Attention is invited to the information furnished in list of enclosures.

 

7. The receipt of this letter may kindly be acknowledged and this Department/ Office informed that instructions for the payment of family pension to the guardian have been issued to the disbursing authority concerned.

Yours faithfully

Pension Sanctioning Authority

List of Enclosures

 

1. Permanent address of the guardian

 

2. Place of payment (Government Treasury/Sub-Treasury/ Special Treasury)

 

3. Specimen signature or left hand thumb and finger impressions of the claimant or guardian duly attested.

 

4. Two attested copies of passport size photograph of the guardian

5. Descriptive roll of the guardian, duly attested.

 

To be furnished in the case of the guardian, who is not literate enough to sign his or her name.

 

O.C. S. (Pension) Form - 22

[See Rule 80(2)]

Form for sanctioning family pension to the child or children on the death or remarriage of a widow/widower who was in receipt of family pension

 

No................

Department/Office of.................

Dated the.................

To

The Accountant-General, Orissa, Bhubaneswar.

Subject - Grant of family pension to the child/children.

Sir,

I am directed to say that Shri/Shrimati............................ widow/widower of late Shri/Shrimati .......................................... formerly (Designation) in this Department/Office was authorised the payment of family pension of Rs...............with effect from...............The family pension was tenable till the death or remarriage of the widow/ widower.

 

2. Initiation has been received in this Department/Office that Shri/ Shrimati dies/remarried on................

 

3. At the time of death/re-marriage Shri/Shrimati.....................had following children*.

4. In terms of Rule 56(7) (c) of the Orissa Civil Services (Pension) Rules, 1992, the amount of family pension has become payable to the children in the order mentioned above. The family pension will be payable on behalf of the minors to Shri/Shrimati...................who is the guardian.

 

5. Sanction for the grant of family pension Rs ....................or month to the children, mentioned above is hereby accorded. The family pension will take effect from..................and subject to the provisions of Sub-rule (5) of Rule 56 of the Orissa Civil Services (Pension) Rules, 1992 will be tenable till...............

 

6. The family pension is debitable to the Head ....................

 

7. Attention is invited to the information furnished in the list of enclosures.

 

8. The receipt of this letter may kindly be acknowledged and this Department/ Office informed that necessary instruction for the payment of family pension to the guardian have been issued to the disbursing officer concerned.

Yours faithfully

Pension Sanctioning Authority

?The name of children should be mentioned in order of eligibility mentioned in Rule 56 (7) (c) of the Orissa Civil Services (Pension) Rules, 1992.

 

List of enclosures

 

1.        Permanent address of the guardian

 

2.        Place of payment (Government Treasury/Sub-Treasury/ Special Treasury.)

 

3.        Specimen signature or left hand thumb and finger impression of the guardian, duly attested.

 

4.        Two attested copies of passport size photograph of the guardian.

 

5.        Descriptive roll of the guardian, duly attested

 

6.        be furnished in the case of guardian who is not literate enough to sing his or her name.

 

O.C. S. (Pension) Form - 23

[See Rule 80(3)]

Form of claim application for the grant of residuary** gratuity on the death of a pensioner

(To be filed in separately to each applicant)

 

1.        Name of the applicant

 

2.        Name of the guardian in case the applicant is minor

 

3.        Date of birth of guardian

 

4.        Name of the deceased pensioner

 

5.        Office/ Department in which the deceased pensioner served last

 

6.        Date of death of the pensioner

 

7.        Date of retirement of the deceased pensioner

 

8.        Amount of monthly pension @ (including ad hoc increase, if any) sanctioned to deceased pensioner

 

9.        Amount of retirement gratuity received by the deceased pensioner.

 

10.     The amount of pension @ (including ad hoc increase, if any) drawn by the deceased till the date of death

 

11.     If the deceased had commuted a portion of pension before his death the commuted value or the pension

 

12.     Total of items 8, 9 and 10.

 

13.     Amount of death gratuity equal to 12 times of the emoluments.

 

14.     The amount of residuary gratuity claimed i.e. the difference between the amount shown against item 12 and item 8.

 

15.     Relationship of the applicant with the deceased pensioner

 

16.     Date of birth of the applicant

 

17.     Name of the Treasury or Sub-Treasury or Special Treasury at which payment is desired.

 

18.     Full address of the applicant

 

19.     Signature or thumb impression of the applicant (to be furnished in a separate sheet duly attested).

 

20.     Attested by

 

21.     Name               Full Address               Signature

 

22.     Witness

 

23.     If a retired Government servant in receipt of service gratuity or pension dies within five years from the date of his retirement from service including compulsory retirement as a penalty and the sums actually received by him at the time of his death on account of such gratuity or pension including ad hoc increase, if any, together with the death gratuity and the commuted value of any portion of pension commuted by him are less than the amount equal to 12 times of his emoluments, a residuary gratuity equal of the efficiency becomes payable to the family.

 

24.     When a Government servant had retired before earning a pension, the amount of service gratuity should be indicated.

 

25.     Attestation should be done by two gazetted Government servants or by two or more persons of respectability in the own village or pargana in which the applicant resides.

 

O.C. S. (Pension) Form - 24

[See Rule 99(1)]

Form of application for permission to Officers of the State Government to accept commercial employment within a period of two years after retirement

 

1.        Name of the Officer (in Block Letters)

 

2.        Date of retirement

 

3.        Particulars of the Department/Offices in which the Officer served during the last 5 years preceding retirement (with duration)

Name of Department/Office	Post held	Duration
		From	To

4.        Post held at the time of retirement and period for which held

 

5.        Pay scales of the post and pay drawn by the officer at the time of retirement

 

6.        Pensionary benefits.

Pension expected/sanctioned (commutation if any should be mentioned)

gratuity if any,

7.        Details regarding commercial employment proposed to be taken up :

 

(a)      Name of the firm/company/Co-operative Society, etc.

 

(b)      Products being manufactured by the firm/ type of business carried out by the firm etc.

 

(c)      Whether the Officer had during his official carrier, any dealings with the firm, etc.

 

(d)      Duration and nature of the official dealings with the firm.

 

(e)      Name of the job/post offered.

 

(f)       Whether post was advertised, if not, how was offer made (attach newspaper cutting of the advertisement, and a copy of the offer of appointment, if any)

 

(g)      Description of the duties of the job/post

 

(h)     Remuneration offered for post/job.

 

(i)       If proposing to set up a practice, indicate

 

(j)       professional qualification/in the field of practice

 

(k)      nature of proposed practice

 

8.        any information which the applicant desires to furnish in support of his request

 

9.        Declaration :

 

10.     I hereby declare

 

11.     the employment which I propose to take up will not bring me into conflict with Government;

 

12.     my commercial duties will not be such that my previous official position or knowledge or experience under Government could be used to give my proposed employer an unfair advantage;

 

13.     my commercial duties will not involve liaison or contract with the Government Departments.

 

Signature of the applicant

Address........

Dated....................

 

O.C. S. (Pension) Form - 25

[See Rule 113(2)(ii)]

Form of application for disability pension

 

1.        Name of the applicant and full address

 

2.        Father's Name

 

3.        Full residential address (showing village, post office, district, State)

 

4.        Present or last employment, including full particulars and address of the establishment

 

5.        Date of entry into service

 

6.        Full particulars of service and length of service including interruption (both qualifying and non-qualifying)

 

7.        Percentage of disability sustained due to injury/diseases (as certified by the medical authorities) and circumstances which resulted in that disability.

 

8.        Pay at the time of injury sustained disease contracted (as certified by the medical authorities)

 

9.        Pension claimed

 

10.     Date of injury/disease (as certified by the medical authorities)

 

11.     Place of payment

 

12.     Other relevant information, if any

 

13.     Date of applicant's birth by Christian era

 

14.     Height

 

15.     Identification marks

 

16.     Thumb and finger impressions

 

Note - Thumb and finger impressions and particulars of height and personal marks are not required to be given by such ladies, Gazetted Officers, Government title-holders and other persons are specifically exempted, by the Government by special orders in that behalf.

If not known exactly, please state on the best information or estimate and according to the best of your knowledge and belief.

 

O.C. S. (Pension) Form - 26

[See Rule 113(2)(ii)]

Form of application for extraordinary family pension

 

Application for extraordinary pension for the family of the late Shri/Shrimati .................... killed or died of injury/disease/injuries/diseases claimed as being attributable to Government service.

 

1.        Information regarding the claimant

 

2.        Full name and address, residence (showing village, post office, district, State)

 

3.        Age and date of birth

 

4.        Height

 

5.        Identification marks

 

6.        Present occupation and pecuniary circumstances

 

7.        Information regarding the deceased-

 

8.        Full name, father's residence (including village post office, district, State)

 

9.        Particulars of post and service with full name and address of the Establishment.

 

10.     Full particulars of service, length of service, etc.

 

11.     Pay, at the time of death

 

12.     Date of birth

 

13.     Age at the time of death

 

14.     Nature of injury/disease/injuries/diseases causing death (as per the Certificate of the medical authorities) and the circumstances in which the same resulted.

 

15.     Other information-

 

16.     Amount of pension, etc. claimed

 

17.     Place of payment

 

18.     Date from which benefit (s) claimed

 

19.     Other relevant information, if any

 

20.     Names and ages of 'surviving kindred of the deceased -

(Place)

(Date)

Note 1 - Please strike out the word or words not applicable.

Note 2 - If the deceased has left no son, widow, daughter, father or mother surviving him, the word 'none' or 'dead' should be entered opposite to such relative.

Term 'child' includes a posthumous child of the Government servant and is covered by the term surviving kindered.

 

O.C. S. (Pension) Form - 27

[See Rule 113 (2)(iii)]

Form to be used by the Medical Board where reporting in injuries/diseases/death

 

Instruction to be observed by the Medical Board while preparing the report.

 

(1)     The Medical Board before recording their opinion, should invariably consult the proceedings of the previous Medical Board, if any, as also previous Medical/Hospital documents connected with the Government servant brought before them for examination, or who has died.

 

(2)     If the injuries/diseases by more than one, they should be numbered separately giving percentage of disability for each, with full details.

 

(3)     In answering the questions in the prescribed Form the Medical Board will confine itself exclusively to the Medical aspect of the case, and will carefully discriminate between the Government servant's/ claimant's unsupported statements and the documentary evidence available.

 

(4)     The Medical Board will not express any opinion, either to the Government servant examined (or any of his relatives or friends, etc.) or in their reports, as to whether he or his family is entitled to compensation or as to the amount of it, nor will it inform the Government servant or any other person connected with the Government servant of about the nature of the Medical Report given by it.

 

(5)     The Medical Report shall give their report herein below-

 

(6)     The Report of the Medical Board, on each occasion, shall be supported by all the necessary and full Medical and Hospital documents which shall be maintained and preserved for reference from time to time as may be necessary, until the same would no longer be required for reference.

 

Proceedings of The Medical Board Confidential

 

Proceedings of the Medical Board assembled by the order of ...........for the purpose of examining and reporting on ?

 

(i)       the present state of the injury/disease/injuries/diseases sustained/ contracted by, or

 

(ii)      death of, Shri/Shrimati..............on the............... (Please give date, month and year)

 

(iii)     State briefly the circumstances under which the injury/disease/injuries/diseases was/were sustained/contracted or death occurred and the date thereof.

 

(iv)    What is the Government servant's present condition-

 

(v)      Is the Government servant's-

 

(vi)    present condition, or

 

(vii)   death

 

(viii)  wholly due to injury/disease/injuries/diseases and reason as claimed? If so, please explain fully how ?

 

(ix)    If not, please state to what other causes the same is/are attributable

 

(x)      From which date it appears that the Government servant has been in capacitated on that account

 

(xi)    Which is the date of injury/disease/death

 

(xii)   The opinion of the Board upon the questions below is as follows :

 

Part 'A'

First Examination

 

1.        The percentage of disability due to injury/disease/injuries/diseases is %

 

2.        (Please give herein below full details/justification about the nature of the injury/disease/injuries/diseases and for percentage of disability certified, supported by full/all medical hospital documents with reference to Schedule I and l-A.

 

3.        For what period from the date of injury/disease/injuries/ diseases

 

4.        has the Government servant unfit for duty ? from...................to................

 

5.        the Government servant is likely to remain unfit for duty? from .....................to................

 

6.        Other relevant information, if any

Part 'B'

Second or Subsequent examinations

 

1.        If the original degree of disability of the Government servant has changed, what is the percentage of disability now ? (Please give here details of justification in support of your view alongwith all further medical and Hospital documents in full).

 

2.        For what period from the date of injury/disease/injuries/ diseases

 

3.        has the Government servant been unfit for duty ?....

 

4.        is the Government servant likely to remain unfit for duty ?....

 

Place :

Date :

Presiding Medical Officer of the Medical Board

Member of the Board

Member of the Board

Note - Please score out the word/words not applicable.

 

O.C. S. (Pension) Form - 28

[Please See also Forms 27 and 29]

Report on accidental and self-inflicted injuries

 

1.        Declaration by the injured person

 

I.................. hereby declare that the injury (Number, rank, name and unit) sustained by me on.....................did*/did not* occur while I was in the performance of Government duty.

(Medical Officer before whom the declaration is made)

(Injured person)

Station............Date.........Station........................Date....................

 

2.        Nature, location and severity of injury

 

Note - Hospital to be notified at once if wound is believed to be self-inflicted. (Medical Officer)

 

3.        Short statement of the circumstances of the cases (signed statements of witnesses giving a detailed account of the circumstances of the accident must be attached to this Form. Place or sketch of place of accident and how it occurred in case or lorry, motor car or cycle accidents)

 

4.        Opinion of the Commandant/Head of Office

 

5.        Was the individual in the course of performance of an official risk or a task, the failure to do which would constitute an offence triable under the disciplinary code applicable to him ?

 

6.        (Indicate the nature of the task, by whom it was ordered and when); or

 

7.        Did the accident occur during the journey or transport by a reasonable route under organised arrangements from the individual's quarters to or back from an appointed place of duty ? Cite and attach copies of standing instructions or other orders in support, if the journey or transport was officially organised, also a sketch showing the reasonable route from individual's quarter to the place of duty.............

 

Or

8.        Was the individual participating in recreation organised or permitted by service authorities ? Indicate the nature of the recreation, e.g. P.T. exercise including games in case of games and sports put of parade hours, cite and attach copy of official orders to indicate that it organised or permitted by competent authority;

 

Or

9.        Was the individual travelling either in a body of singly under organised arrangements ?

 

10.     (Cite and attach copy of official orders or indicate to the arrangements were organised by competent authority);

 

Or

11.     Was the individual proceeding to his leave station or returning to duty from his leave station ? In either case, was the journey at public expense or was performed on concession voucher or at individual's own expense ? (Give ...............)

 

12.     the dates of commencement and termination of the period of leave;

 

13.     the name of the leave station; and

 

14.     particulars of the direct route from the place of duty to or from the leave station

 

15.     Was the accident due wholly/partially to

 

16.     serious negligence.... and/or

 

17.     misconduct of the individual ?

 

18.     (Indicate the nature of the serious negligence misconduct and the grounds on which the opinion is based)

 

19.     Was any one else to blame for the accident ? (If, -so, indicate how and to what extent)

 

20.     Was the individual under the influence of intoxicating drink or drug at the material time ?

 

21.     Has any Court of Enquiry been held or will be held ? If, so indicate the date and the place of the enquiry and attach the Enquiry Report (in original)

22.     The injury/disability/death occurred in place/field/operational area and not attributable to Government service.

Strike our whichever is not applicable.

In all cases of death, Court of Enquiry must be held, so also in respect of disability exceeding 20%.

To be competent and signed by O.C. unit if injury is not severe and no Court of inquiry is held.

For Use On Field Service Only (Items 6 - 8)

(To be completed in all field service cases where injuries are, or are suspected to be self-inflicted)

 

23.     Opinion of the Unit Commander ?

 

24.     Disciplinary action taken, or proposed, whether against injured individual or another.................

 

(Commandant of Unit)

To

The Deputy I.G. State

7. Forwarded with reference to my causality signal No..............

Dated..........

Date...........

Commanding D.I.G., State

To

l.-G

Frontier,

DECISION OF I.G.

8. The causality should be reported as.............

Date..............................

General Officer

Commanding I.G. Frontier

To

D.G

Note - If the I.G. decides that the causality is to be reported as self-inflicted, he should indicate how far he concurs with the opinions expressed above.

O.C. S. (Pension) Form - 29

[See also Forms 27 and 28]

Form for report on cases (other than those due to injuries) which have ended fatally or are proposed for invaliding

Part 'A'

(To be filed by the M.O.)

Medical Officer

 

Part 'B'

(To be answered by the Officer Commanding Unit)

Circumstances of the case ?

 

1.        Was the individual in your opinion of average physique and stamina when he joined the Unit ?

 

2.        Was the individual, as far as you are aware, in his normal health prior to the onset of the illness ?

 

3.        If you are aware of any previous illness from which he suffered ? (Which is not recorded in his medical history) state its nature and duration....................

 

4.        Was the individual employed on sedentary duties/sheltered/occupation? If so-

 

5.        had he to do P.T. and/or Parades ?

 

6.        Was he doing it regularly prior to falling ill or had been exempted, therefrom on account of ill-health, If so, from which date ?

 

7.        Mention any circumstances of exposure giving details thereof, and/or.........,.....

 

8.        State periods and conditions of service at any particular place, which you consider caused or aggravated the illness..........................................

 

9.        Give the nature of duties he had to perform in Government service................

 

10.     Was he subject to stress and strain by such duties ? If so was it of an exceptional nature ? Give details ....

 

11.     Disease endemic to certain areas or disease due to infection :

 

12.     If disability or death was due to infection, is there any evidence that the exposure was due to negligence or misconduct on his part ?

 

13.     Did he live in unit lines or was he permitted to live outside with his family ?

 

14.     How many out-passes was he granted during the previous month and what was the date of the last out-pass ?

 

15.     was the disease endemic to the area he was serving in and during this period or immediately preceding it were there other cases of the same disease in the Unit ? If so, give the number of such cases, details of movements of infected persons and state any other circumstances which might have been responsible for the disease.

 

16.     Give the date of last leave and places where the leave was spent. Did illness start during leave ? If shortly after return from leave, state date on which the illness-commenced.

 

17.     Veneral disease (Further information on the points) mentioned below:

 

18.     When was it contracted ?................

 

19.     Period of treatment.................

 

20.     Whether after treatment the man returned to full duty ?

 

21.     Whether after return to duty post hospital surveillance and treatment was continued according to existing regulations

 

22.     After return to duty, war the man subjected to any stress of an exceptional nature ? If so, mention the nature of exceptional stress....................

 

23.     Do you consider that the death or disability was attributable to the aggravated by service ?

 

Date........................

Officer Commanding

Head of the Office

Head of the Department

 

Part 'C'

(To be completed by Medical Officer concerned in all death cases)

 

(i)       How many cases of this disease were treated during six months prior to admission of this individual ?

 

(ii)      How many, cases of this disease were received from this Unit ? Give details of such patients in chronological order ?

 

(iii)     Was the infection endemic or was there any outbreak of it in the local garrison ?

 

(iv)    Was there an outbreak of disease in the neighbouring city or village ?

 

(v)      What is your view of the source of infection ? In all cases state whether you consider the death was attributable to or aggravated by service and give the reasons on which you based your opinion ?

 

Commanding Officer

Hospital

 

1.        Chief Medical Officer, Presiding Officer of the Medical Board

 

2.        Medical Officer, Member of the Medical Board

 

3.        Medical Officer, Member of the Medical Board

 

Schedule-I

[See Rule 102 (c)]

Note - Complete and permanent loss of the use of any limb or member referred to in this schedule shall be deemed to be the equivalent of the loss of that limb or member.

 

Schedule I-A

[See Rule 102(d)]

I. List of classification of diseases which can be contracted by service

(A)    Diseases affected by climatic conditions

(i)       Pulmonary Tuberculosis

 

(ii)      Pulmonary Oedema

 

(iii)     Pulmonary Tuberculosis with pleural effusion

 

(iv)    Tuberculosis - Non-pulmonary

 

(v)      Bronchitis

 

(vi)    Pleurisy, empyema, lung abscess and bronchiectasis

 

(vii)   Lobar pneumonia

 

(viii)  Nephritis (acute and chronic)

 

(ix)    Otitis Media

 

(x)      Rheumatism ? Acute

 

(xi)    Rheumatic ? Chronic

 

(xii)   Arthritis

 

(xiii)  Myalgia

 

(xiv)  Lumbago

 

(xv)   Frost-bite leading to amputation of limb/limbs.

 

(xvi)  Head stroke

 

(B)    Diseases affected by stress and strain

 

(i)       Phychosis and Psychoneurosis

 

(ii)      Hyperpiesia

 

(iii)     Hypertension (B.P.)

 

(iv)    Pulmonary Tuberculosis

 

(v)      Pulmonary Tuberculosis with pleuran effusion

 

(vi)    Tuberculosis-Non-pulmonary

 

(vii)   Mitral stenosis

 

(viii)  Pericarditis and adherent pericardium

 

(ix)    Endo-carditis

 

(x)      Sub-acute bacterialendo-carditis, including inefective endocarditis

 

(xi)    Nyocarditis - Acute or Chronic

 

(xii)   Valvular disease

 

(C)    Diseases affected by diretary compulsions

 

(i)       Inefective hepatitis (Jaundice)

 

(ii)      Disease of stomach and duodenum

 

(iii)     Worm infestations particularly Guinea worm and round worm infections

 

(iv)    Gastritis

 

(v)      Food poisoning, specially due to tinned food

 

(vi)    Gastric ulcer

 

(vii)   Duodenal ulcer

 

(viii)  Nutritutional Disorders

 

(D)    Diseases affected by training marching, etc.

 

(i)       Tetanus, erysipelas, septicaemia and pyaemia,, etc., resulting from injuries

 

(ii)      Varicose veins

 

(iii)     Ankylosis and acquired deformities resulting from injuries

 

(iv)    Hernia

 

(v)      Post-traumatic epilepsy and other mental changes resulting from skull injury

 

(vi)    Internal derangement of knee joint

 

(vii)   Burns sustained through petrol-fire, kerosene oil, etc., leading to scars and various deformities and disabilities.

 

(viii)  Deformities of feet

 

(E)    Environmental diseases

 

(i)       Diseases contracted in the course of official duty of attending to a venereal or septicaemia patient or conducting a post mortem examination;

 

(ii)      Diseases contracted on account of handling poisonous chemicals and radiation equipment.

 

II. Diseases not normally affected by service

 

(i)       Malignant disease : Cancer and Carcinoma

 

(ii)      Sarcoma (except in cases of sarcoma of bone with a history of injury, due to service, on the site of development of the growth)

 

(iii)     Epithelioma

 

(iv)    Rodent ulcer

 

(v)      Lymphosarcoma

 

(vi)    Lymphadenoma (Hodgkin's disease)

 

(vii)   Leukaemia

 

(viii)  Pernicious anaemia (Addison's anaemia)

 

(ix)    Ostoitis deformana (Paget's disease)

 

(x)      Gout

 

(xi)    Arcomegaly

 

(xii)   Cirrhosis of the liver - if alcoholic

Eyes

(xiii)  Errors of refraction

 

(xiv)  Hypermetropia

 

(xv)   Myopia

 

(xvi)  Astigmatism

 

(xvii) Presbyopia Glaucoma - Acute or chronic, unless there is a history of injury due to service or of disease of the eye due to service.