HARYANA CIVIL SERVICES {PENSION) RULES, 2016

GOVERNMENT OF HARYANA FINANCE DEPARTMENT HARYANA CIVIL SERVICES (PENSION) RULES, 2016 (Amendments incorporated upto 4th December, 2017) Definitions, G...

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HARYANA CIVIL SERVICES {PENSION) RULES, 2016 (Amendments incorporated upto 4th December, 2017)

DEFINITIONS, GENERAL PROVISIONS FOR GRANT OF PENSIONS, SERVICE QUALIFYING FOR PENSION, DIFFERENT KINDS OF PENSION AND CONDITIONS FOR GRANT OF PENSION, AMOUNT OF PENSION, DEATH-CUM-RETIREMENT GRATUITY, FAMILY PENSION, PROCEDURE RELATING TO PENSION, PAYMENT OF PENSIONS, COMMUTATION OF PENSIONS

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

HARYANA CIVIL SERVICES (PENSION) RULES, 2016 (Amendments incorporated upto 4th December, 2017)

Definitions, General Provisions for Grant of Pensions, Service Qualifying for Pension, Different kinds of Pension and conditions for grant of Pension, Amount of Pension, Death-cum-Retirement Gratuity, Family Pension, Procedure relating to Pension, Payment of Pensions, Commutation of Pensions, Forms & Annexures

ii

iii

PREFACE to First Edition Article 309 of the Constitution of India provides that subject to the provisions of the Constitution, Acts of appropriate Legislature may regulate the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the State, and, until a provision in that behalf is made by or under an "Act" of the appropriate Legislature, such rules may be framed by the Governor of the State. 2.

All the three Volumes of Punjab Civil Services Rules, to regulate the terms and

conditions of services of the employees of State of Haryana, which were in existence since rest

organization of Haryana State, i.e. 1 November, 1966 have been revised by the Governor of Haryana in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India in the following nine set of rules w.e.f. 19.07.2016, namely:-

1.

Haryana Civil Services (General) Rules, 2016

2.

Haryana Civil Services (Pay) Rules, 2016

3.

Haryana Civil Services (Travelling Allowance) Rules, 2016

4.

Haryana Civil Services (Allowances to Govt. Employees) Rules, 2016

5.

Haryana Civil Services (Leave) Rules, 2016

6.

Haryana Civil Services (General Provident Fund) Rules, 2016

7.

Haryana Civil Services (Pension) Rules, 2016

8.

Haryana Civil Services (Conduct of Government Employees) Rules, 2016

9.

Haryana Civil Services (Punishment & Appeal) Rules, 2016

3.

The book in hand is the Haryana Civil Services (Pension) Rules, 2016, which

contains rules pertaining to Definitions, General Provisions for Grant of Pensions, Service Qualifying for Pension, Different kinds of Pension and conditions for grant of Pension, Amount of Pension, Death-cum-Retirement Gratuity, Family Pension, Procedure relating to Pension, Payment of Pensions, Commutation of Pensions, Forms & Annexures 4.

I am thankful to Shri Raj Pal Nasa, HSS-I, HSAS (now retired) and members of his

team who made sincere efforts in drafting of the Haryana Civil Services Rules incorporating all the instructions/policy decisions taken from time to time pertaining to these rules. 5.

It is a priced publication and can be purchased from the Printing & Stationery

Department, Haryana. The soft copy, in PDF searchable form, of these rules, both in Hindi and English

languages,

www.finhry.gov.in.

is

available

on

the

website

of

Finance

Department

namely

iv

6.

If any error or omission is found in these rules the same may please be brought to

the notice of Finance Department, Haryana Civil Secretariat, Chandigarh so that the same can be corrected.

Dated : 8th December, 2017

P. Raghavendra Rao Additional Chief Secretary to Government, Haryana, Finance Department.

v

PREFACE Article 309 of the Constitution of India provides that subject to the provisions of the Constitution, Acts of appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed to public services and posts in connection with the affairs of the State, and, until a provision in that behalf is made by or under an "Act" of the appropriate Legislature, such rules may be framed by the Governor of the State. 2

Earlier, at the time of framing three Volumes of Punjab Civil Services

Rules, the desirability of framing the "Act" was examined by the then Punjab Government in consultation with the Government of India and it was observed that from the promulgation of the Constitution, various sets of rules were framed and revised under the proviso to Article 309 and brought into conformity with the Constitution. Since the said proviso empowers the President and the Governor to make rules in the case of services and posts in connection with the affairs of the Union and of the State respectively, it was not considered necessary to enact the Act, referred to above. 3.

The matter regarding re-writing of all the three Volumes of Punjab

Civil Services Rules has been under active consideration of Haryana Government for last many years. The Governor of Haryana in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, has been pleased to approve the following seven rules books of Haryana Civil Services Rules to regulate the terms and conditions of services of the employees of State of Haryana :-

4.

1.

Haryana Civil Services (General) Rules, 2016

2.

Haryana Civil Services (Pay) Rules, 2016

3.

Haryana Civil Services (Travelling Allowance) Rules, 2016

4.

Haryana Civil Services (Allowances to Govt. Employees) Rules, 2016

5.

Haryana Civil Services (Leave) Rules, 2016

6.

Haryana Civil Services (General Provident Fund) Rules, 2016

7.

Haryana Civil Services (Pension) Rules, 2016 Haryana

Civil

Services

(Govt.

Employees’

Conduct)

Rules,

2016,

Haryana Civil Services (Punishment & Appeal) Rules, 2016 and Haryana Civil Services (Compassionate Financial Assistance) Rules, 2016 are being notified separately by the General Administration Department.

vi 5.

Main features of these Rules are as under :-

(1)

All

the

instructions/policy

decisions

taken

by

Haryana

Government upto December, 2015 have been incorporated and redundant/obsolete rules or portion thereof have been deleted. (2)

The language of these rules is easy to understand and catchword titles have been provided to make the reading user friendly.

(3)

New terms created from time to time since 1953 have been defined. Terms common for more than one rules books have been compiled at one place.

6.

The soft copy both in Hindi and English language has also been made

available on the website of Finance Department namely www.finhry.gov.in.

The

hard copy of English language would also be made available in near future for sale in the sale depots of Printing & Stationery Department, Haryana. 7. brought

If any error or omission is found in these rules the same may please be to

the

notice

of

Finance

Department,

Haryana

Civil

Secretariat,

Chandigarh so that the same can be corrected.

Dated : 19 July, 2016

Sanjeev Kaushal Additional Chief Secretary to Government, Haryana, Finance Department.

vii

Chapters Index of

See Page

Haryana Civil Services (Pension) Rules CHAPTER - I

Preliminary

1

CHAPTER - II

Definitions

5

CHAPTER - III

General Provisions for Grant of Pensions

13

CHAPTER - IV

Service Qualifying for Pension

21

CHAPTER - V

Different kinds of Pension and conditions for grant of Pension

31

CHAPTER - VI

Amount of Pension

37

CHAPTER - VII

Death-cum-RetIrement GratuIty

43

CHAPTER - VIII Family Pension

49

CHAPTER - IX

Procedure relating to Pension

67

CHAPTER - X

Payment of Pensions

91

CHAPTER - XI

Commutation of Pensions

93

Forms & Annexures

101-155

viii

ix

Rules Index of Haryana Civil Services (Pension) Rules, 2016 Chapter - I

Preliminary

1.

Short title and commencement

2.

Extent of application

3.

Right and privilege under any law

4.

Regulation of claims to pension or family pension

5.

Special provisions, if any, inconsistent with these rules

6.

Power to interpret, amend and relax

7.

Repeal

Chapter - II

Definitions

8.

Definitions

Chapter - III

General Provisions for Grant of Pensions

9.

Last working day of the Government employee

10.

Pension subject to future good conduct.

11.

Recovery of Government dues or others from pension

12.

Right of Appointing Authority to withhold or withdraw pension

13.

Limitations on number of pensions

Chapter - IV

Service Qualifying for Pension

14.

Service qualifying for pension

15.

Benefit of past service towards pension

16.

Resignation to join subsequent appointment is a technical resignation

17.

Special additions to service qualifying for superannuation pension

18.

Benefit of military service towards pension

19.

Benefit of past service in case of re-instatement on appeal

20.

Interruption in service on subsequent appointment at different stations

21.

Forfeiture of past service for pension

22.

Benefit of past service on re-employment of a pensioner in receipt of compensation or invalid pension

23.

Re-employment after retirement is not qualifying for pension

x

Chapter - V

Different kinds of Pension and conditions for grant of Pension

24.

Different kinds of Pension

25.

Grant of compensation pension

26.

Grant of invalid pension

27.

Grant of retiring pension.

28.

Grant of superannuation pension

29.

Grant of compassionate allowance

Chapter - VI

Amount of Pension

30.

Calculation of qualifying service for pension

31.

Pension to be calculated in rupees and is payable in India

32.

Minimum qualifying service for monthly pension

33.

Additional pension on completion of prescribed age

34.

Qualifying service for full pension

35.

Service gratuity in lieu of pension

36.

Last emoluments in case of ‘on leave’ or ‘under suspension’ on the date of retirement

37.

Last emoluments in case of death while in service

38.

Last emoluments in case of foreign service or deputation

39.

Dearness relief on pension/family pension

Chapter - VII

Death-cum-Retirement Gratuity

40.

Rate and entitlement of death-cum-retirement gratuity

41.

Nomination for death-cum-retirement gratuity.

42.

Provision of other person(s) in case of death of nominee(s)

43.

Invalidation of nomination

44.

Cancellation of nomination

45.

Persons to whom death-cum-retirement gratuity is payable

46.

Debarring a family member or nominee to receive death-cumretirement gratuity

Chapter - VIII

Family Pension

47.

Admissibility of family pension

48.

Determination of family pension

49.

Determination of enhanced family pension

xi

50.

Additional family pension on completion of prescribed age

51.

Eligibility of both pension & family pension or two family pensions at a time

52.

Regulation of family pension in case of criminal proceedings

53.

Furnishing the size of family on joining and also from time to time

54.

Family pension to next eligible family member in the event of death of pensioner

55.

Family pension to judicially separated spouse

56.

Family pension to post retiral spouse and children

57.

Family pension to more widows than one in equal shares

58.

Family pension in equal shares to widow and child from another wife

59.

Family pension in equal shares to widow and child from a divorced wife

60.

Family pension to the child of marriage invalid under marriage law (amendment) Act, 1976

61.

Family pension to twin children

62.

Family pension to minor child through natural or de facto guardian

63.

Family pension to disabled children

64.

Family pension to mother or father of deceased Government employee or pensioner

65.

Family pension to the family of Government employee or pensioner who has disappeared

66.

No recovery of commuted value or Government dues from family pension

Chapter - IX

Procedure relating to Pension

67.

High degree priority to pension cases.

68.

Preparation of list of Government employees due for retirement

69.

Stages of preparatory work for pension papers

70.

Verification of service & emoluments and making good omission in the service book

71.

Obtaining of Form Pen-2 from the Government employee concerned

72.

No due certificate in respect of Government accommodation

73.

Assessment of Government dues and recovery thereof

74.

Preparation and forwarding of pension papers in case of retirement or death while on deputation or foreign service

xii

75.

Forwarding of pension papers to the Principal Accountant General (A&E)

76.

Intimation of any event which occurs after forwarding pension papers

77.

Authorization of pension and gratuity by Principal Accountant General (A&E), Haryana

78.

Refixation of pension

79.

Interest on delayed payment of pension and death-cum-retirement gratuity

80.

Grant of provisional pension where disciplinary proceedings are not pending

81.

Provisional pension where proceedings are pending at the time of retirement

82.

Procedure for sanction of pensionary benefits to the family of deceased Government employee

83.

Steps to be taken by pension sanctioning authority in case of death of a Government employee

84.

Action to be taken for no due certificate if deceased was occupying the Government accommodation

85.

Verification of service and emoluments of deceased Government employee for death-cum-retirement gratuity

86.

Payment of provisional death gratuity when service record is incomplete

87.

Verification of service and emoluments for family pension

88.

Steps to be taken by the Principal Accountant General (A&E), Haryana for death gratuity and family pension

89.

Action for payment of death-cum-retirement gratuity in case of death while on deputation or foreign service

Chapter - X

Payment of Pensions

90.

Date of commencement of pension

91.

Authorization of pension/family pension

92.

Lapses and forfeiture of pension/family pension and death-cumretirement gratuity

93.

Payment of gratuity and commuted value of pension

94.

In case of death of pensioner payment of arrears to the legal heirs

Chapter - XI

Commutation of Pensions

95.

Entitlement of commutation of pension

xiii

96.

Calculation of amount of commutation of pension

97.

Submission of application for commutation of pension

98.

Action to be taken by the Head of office on application

99.

Administrative sanction of commutation of pension

100.

Commutation of pension becomes absolute

101.

Intimation to the Civil Surgeon and the Government employee concerned for medical examination

102.

Authority competent for medical examination where application is not submitted in time

103.

Authority competent for medical examination in other cases

104.

Withdrawal of application

105.

Action to be taken by the Principal Accountant General (A&E)

106.

Recovery of commuted portion from pension

107.

Intimation of payment of commuted value

108.

Commutation of provisional pension where proceedings were pending

109.

Refixation of pension with retrospective effect.

HARYANA CIVIL SERVICES (PENSION) RULES1

In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, the Governor of Haryana hereby makes the following rules, regulating the terms and conditions of service of Government employees of the State of Haryana:-

Chapter - I

Preliminary 1.

Short title and commencement.― (1)

These rules may be called the Haryana Civil Services (Pension) Rules, 2016.

(2)

These rules shall come into force from the date of its publication in the official gazette.

2.

Extent of application.― Except as otherwise provided, these rules shall apply to all Government employees appointed to a post on regular basis on or before the 31st December, 2005 in any Department under Haryana Government. Note 1.─ The Speaker of the Legislative Assembly has agreed under clause (3) article 187 of the Constitution that until a law is made by the Legislature of the State under clause (2) of article 187 of the Constitution or rules are framed by the Governor in consultation with the Speaker of the Legislative Assembly under clause (3) of article 187 of the Constitution of India, these rules and amendments thereof, if any, after prior consent of the Speaker, shall apply to the secretarial staff of the Haryana Legislative Assembly. Note 2.─ The Chairman, Haryana Public Service Commission, has agreed to the application of these rules as amended from time to time, in the case of officers and employees of the Haryana Public Service Commission.

1

Notified vide Notification No. 2/22/2016-1Pension, dated 19th July, 2016, and printed in HARYANA GOVT. GAZ. OCT. 4, 2016 (ASVN. 12, 1938 SAKA)

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

2

Note 3.─ If any doubt arises as to whether these rules apply to any person or not, the decision shall lie with the Finance Department. 3.

Right and privilege under any law.― Unless otherwise provided in these rules or in the terms and conditions offered at the time of appointment and accepted by the person, nothing in these rules shall operate to deprive any person of any right or privilege to which he is entitled by or under any law.

4.

Regulation of claims to pension or family pension.― Any claim to pension or family pension shall be regulated by the provisions of the rules in force at the time when a Government employee is retired, discharged or allowed to resign from service or dies, as the case may be.

5.

Special provisions, if any, inconsistent with these rules.― When in the opinion of the competent authority, special provisions inconsistent with these rules are required with reference to any particular post or any conditions of service, that authority may, notwithstanding anything otherwise contained in these rules, and subject to the provisions of clause (2) of article 310 of the Constitution of India, provide in the terms and conditions of appointment of the person appointed to such post for any matter in respect of which in the opinion of that authority special provisions are required to be made. Provided that where no special provision has been made in respect of any matter in the terms and conditions of appointment, provisions of these rules shall apply.

6.

Power to interpret, amend and relax.― The power to interpret, change, amend, relax and removal of doubt of these rules shall lie with the Finance Department. Note 1.─ Communications regarding the interpretation and alteration of these rules shall be addressed to the Finance Department through the Administrative Department concerned. Note 2.─ Where the Finance Department is satisfied that the operation of any of these rules regulating the conditions of service of Government employees or any class of such Government employees, causes undue hardship in any particular case, it may by order dispense with or relax the

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

3

requirements of that rule to such extent and subject to such conditions, as it may consider necessary for dealing with the case in a just and equitable manner. 7.

Repeal.― The rules contained in Punjab Civil Services Rules, Volume II are hereby repealed. Anything done or any action taken under rules so repealed, shall be deemed to have been done or taken under the corresponding provisions of Haryana Civil Services (Pension) Rules, 2016.

**********

4

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

5

Chapter - II

Definitions 8.

Definitions.― (a)

(1)

In these rules, unless the context otherwise requires,―

“boy service” means the service rendered by a Government employee appointed against a pensionable post/service of other than Group D before attaining the age of eighteen years and of Group D before attaining the age of sixteen years which is not qualifying for pension;

(2)

“commutation of pension” means lump sum payment upto a prescribed fraction of pension admissible to a pensioner;

(3)

“compassionate financial assistance” means a monthly payment admissible to the eligible family member(s) of deceased or disappeared Government employee under the rules notified by the General Administration Department;

(4)

“compensation pension” means a pension admissible to a Government employee who is discharged from service on the abolition of post and cannot be adjusted against any other post including the post of lower [level/pay scale]1 pay scale;

(5)

“dearness relief” means a relief granted to pensioners including family pensioners due to inflation in prices and shall be granted at such rates and subject to such conditions, as the State Government may specify, from time to time;

(6)

“death-cum-retirement gratuity” means a lump sum payment admissible under the rules to a Government employee on his retirement or to the family member(s) of deceased or disappeared Government employee.

In case of

retirement from service, retirement gratuity is admissible subject to completion of minimum five years qualifying service but in case of death while in service there is no condition of minimum qualifying service for death gratuity; (7)

“emoluments” for the purpose of─ (a)

1

death-cum-retirement gratuity and service gratuity means―

Substituted vide Notification No. 2/14/2017-1Pen. (FD), Dated : 4th December, 2017.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

6

(i)

Basic pay in pay scale; actual or notional, whichever fixed/refixed last.

(ii)

non-practicing allowance admissible to Doctors and Veterinary Surgeons subject to pay plus non-practicing allowance not exceeding [2,24,100/- (Two lakhs twenty four thousand one hundred only);]1

(iii)

dearness allowance admissible on (i) and (ii) above; and

(iv)

any other amount specially classed as emoluments for the purpose by the competent authority.

(b)

pension and family pension means― (i)

basic pay in pay scale, actual or notional, whichever fixed/refixed last;

(ii)

non-practicing allowance upto the prescribed limit; and

(iii)

any other amount specially classed as emoluments for the purpose by the competent authority.

(8)

“enhanced family pension” means the family pension admissible to the eligible family member(s)─ (a)

upto ten years equal to fifty percent of last emoluments for pension to the family member of

a deceased or disappeared Government employee

who dies or disappears while in service after completing seven years or more service including non-qualifying service, if any; or (b)

upto seven years or the date of attaining the age of sixty five years of the deceased pensioner had he been alive whichever is earlier equal to the pension admissible at the time of death after retirement; or

(c)

upto seven years or the date of attaining the age of sixty five years of the disappeared pensioner had he been present, whichever is earlier, equal to the pension admissible at the time of disappearance;

(9)

“family pension” means a monthly pension, at the rate prescribed from time to time, which is admissible subject to future good conduct, to the eligible family member(s) of a─

1

Substituted vide Notification No. 2/14/2017-1Pen. (FD), Dated : 4th December, 2017.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

(a)

7

deceased or disappeared Government employee who entered in service before the 1st January, 2006 and dies or disappears while in service; or

(b) (10)

pensioner who dies after retirement.

“family” means ― (A)

for the purpose of death-cum-retirement gratuity means─ 1(a).

wife or wives (wherever permissible under personal law) including judicially separated wife or wives, in the case of male Government employee;

1(b).

husband including judicially separated husband in the case of female Government employee; Provided that if she by notice in writing to the Head of office expresses her desire to exclude her husband from her family, the husband shall henceforth be deemed to be no longer a member of the employee’s family in matters to which these rules relate, unless the employee subsequently cancels such desire by express notice in writing to the Head of office;

1(c).

sons and daughters including legally adopted children, widowed/ divorced daughter(s);

1(d).

widow(s) of predeceased son provided not remarried, otherwise the children of predeceased son in equal shares;

2(a).

failing (1) above, brother(s) below the age of 18 years, dependent un-married/ widowed/divorced sister(s);

2(b).

failing (1) and 2(a) above, mother, including adoptive/step mother in case of individuals whose personal law permits adoption;

2(c).

failing (1) and 2(a) & (b) above, father including adoptive/step father in case of individuals whose personal law permits adoption;

3.

failing (1) & (2) above, major brother(s) and sister(s).

Note 1.─ For the purpose of this rule, wife means legally wedded wife of deceased Government employee. Note 2.─ Divorce by the Panchayat or Social Organizations shall not constitute a legal divorce.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

8

Note 3.─ Son/daughter includes children legally adopted under the Hindu Law or personal law of the Government employee residing with and wholly dependent upon his/her parent but does not include step children. (B)

for the purpose of family pension means─ (i)(a)

widow (widows wherever permissible under personal law) or widower, upto the date of re-marriage or death, whichever is earlier;

(i)(b)

judicial separated wife or husband of a deceased Government employee, such separation not being granted on the ground of adultery and the person surviving was not held guilty of committing adultery;

(i)(c)

childless widow of a deceased Government employee who has got remarried provided her independent income from all other sources is less than the minimum family pension prescribed by the State Government from time to time plus dearness relief thereon. In all such cases, she shall be required to give a declaration regarding her income from all other sources to the Pension Disbursing Authority once in a year in the month of March;

(ii)

failing (i) above, the eldest unmarried and dependent son(s) or daughter(s) upto the age of 25 years;

(iii)

failing (i) and (ii) above, the dependent eldest divorced or widowed daughter(s) upto the age of 25 years, upto the date of

her

marriage/re-marriage or till the date she starts earning livelihood, whichever is the earliest provided she should have been widowed or divorced before the date of expiry of eligibility of other existing family member for family pension; (iv)

failing (i) to (iii) above, the dependent eldest daughter amongst unmarried/widowed/divorced daughters of above 25 years upto the date of her marriage/re-marriage or till the date she starts earning livelihood, whichever is earlier. In case of widowed/ divorced daughter, she is widowed/ divorced before the date of expiry of eligibility of other family member for family pension;

(v)

failing (i) to (iv) above, son and daughter suffering from disorder or

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

9

disability of mind or physically crippled or disabled irrespective of his/her age provided they were wholly dependent upon the Government employee when he/she was alive; (vi)

failing (i) to (v) above parents who were wholly dependent on the Government employee when he/she was alive provided their present combined income is less than the minimum family pension, prescribed from time to time, plus dearness relief thereon;

(vii)

failing (i) to (vi) above, unmarried physically disabled sibling (brother and sister) provided they were wholly dependent upon the deceased Government employee when he/she was alive;

Note 1.─ For the purpose of this rule, “widow” means legally wedded wife of deceased Government employee; Note 2.─ Divorce by the Panchayat or Social Organizations shall not constitute a legal divorce; Note 3.─ Son/daughter includes children legally adopted under the Hindu Law or personal law of the Government employee residing with and wholly dependent upon his/her parent but does not include step children; Note 4.— Dependent childless widow, children or parents who is drawing family pension shall submit a certificate to the pension disbursing authority once after every six months regarding their income, if any. Guardian shall also submit certificate on behalf of eligible family member regarding his income, if any; (11)

“invalid pension” means the pension admissible to a Government employee who retires on account of bodily or mental infirmity which permanently incapacitates him for further public service duly certified by the competent medical authority;

(12)

“life certificate” is a certificate to the effect that the pensioner is alive on the day of disbursement of pension to him; Note.― Pensioner shall have to submit his/her life certificate on line once in a year in the month of March by login website www.jeevanpramaan.gov.in with Aadhaar Biometic Authentication. In exceptional cases life certificate signed by a competent medical authority shall also be accepted;

10

(13)

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

“military pension” means the pension granted by the military authorities to an ex-serviceman in consideration of qualifying military service rendered by him;

(14)

“pension disbursing authority” means the Treasury Officer or Assistant Treasury Officer in whose jurisdiction the pension or family pension is being received by a pensioner;

(15)

“pension equivalent to gratuity (PEG)” means the notional amount worked out by applying the following formula :PEG =

(Amount of death-cumretirement gratuity)

÷

(factor of commutation table x 12)

Note.― Factor of commutation table is taken from the commutation table against the relevant age next birthday after the date of retirement; (16)

“pension payment order” means an order for payment of pension to a pensioner which is issued by the office of Principal Accountant General, Haryana;

(17)

“pension sanctioning authority” means the Head of office who shall be competent to sanction any pension admissible under these rules to Government employees of any Group subordinate to him, however, in case of Head of office and Head of Department, the next higher authority shall be the pension sanctioning authority. In case, a pension or family pension is to be sanctioned with retrospective effect of a period of more than three years, the same shall not be sanctioned by the authority lower than the Head of Department;

(18)

“pension” means a recurring or non-recurring payment made to a Government employee after retirement, in lieu of qualifying service rendered by him subject to future good conduct. pension includes death-cum-retirement gratuity unless prescribed otherwise but does not include leave encashment;

(19)

“pensionary benefits” means pension, death-cum-retirement gratuity, service gratuity, commutation of pension, family pension admissible at the time of retirement or termination from service due to abolition of post;

(20)

“pro-rata pension” means recurring or non-recurring pension admissible to a Government employee in respect of service qualifying for pension rendered by him before his absorption or appointment from one Department to an Organization for which he applied through proper channel;

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

(21)

11

“provisional death-cum-retirement gratuity” means the retirement gratuity provisionally sanctioned to a Government employee on his retirement or the death gratuity provisionally paid to the family of a deceased Government employee in case of death while in service subject to final decision for deathcum-retirement gratuity;

(22)

“provisional pension” means the pension allowed to a Government employee after his retirement pending settlement of final pension;

(23)

“qualifying service” for the purpose of pension means the period of— (i)

service treated as duty;

(ii)

all leave except extraordinary leave;

(iii)

extraordinary leave sanctioned on medical certificate; and

(iv)

extraordinary leave sanctioned in continuation of Study Leave under Chapter XI of the Haryana Civil Services (Leave) Rules, 2016.

Note 1.─ The period of boy service shall not qualify for pension. Note 2.─ In any case in which the Finance Department is satisfied that the extraordinary leave was taken for any cause beyond the control of Government employee, the period of such leave shall be treated as qualifying service; (24)

“residual pension” means the balance of pension after reducing the appropriate commuted portion of pension from the basic pension;

(25)

“retiring pension” means a monthly pension admissible to a Government employee in case of ─

(26)

(i)

voluntary retirement; or

(ii)

premature retirement;

“service gratuity” means a lump sum payment admissible in lieu of monthly pension to a Government employee at the time of retirement not having minimum qualifying service prescribed for monthly pension under the rules;

(27)

“superannuation pension” means a monthly pension admissible to a Government employee retired from service on attaining the maximum age prescribed for retirement having not less than minimum qualifying service prescribed for monthly pension;

(28)

“terminal gratuity” means a lump sum payment made to a temporary

12

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

Government employee after termination of his service due to abolition of post held by him. (b) The terms defined in the Haryana Civil Services (General) Rules, 2016 but not defined in these rules, unless there be something repugnant in the subject or context, shall have the same meaning and sense as explained there.

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HARYANA CIVIL SERVICES (PENSION) RULES, 2016

13

Chapter - III

General Provisions for Grant of Pensions 9.

Last working day of the Government employee.― (1)

The day on which a Government employee is retired, deemed to be retired, discharged or allowed to resign from service, as the case may be, shall be treated as his last working day.

(2)

In case of death while in service, on the day of death the deceased employee shall be treated on─

10.

(i)

leave in case of death while on leave; or

(ii)

duty if he was on duty immediate before his death.

Pension subject to future good conduct.― (1)

(a)

Future good conduct shall be an implied condition of every grant of pension and its continuance under these rules;

(b)

The appointing authority reserves the right of withholding or withdrawing a pension or any part of it, whether permanently or for a specified period, if the pensioner is convicted of serious crime or is found guilty of grave misconduct. The decision of the appointing authority on any question of withholding or withdrawing the whole or any part of pension under these rules shall be final and conclusive:

Provided that, where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount fixed as minimum pension. Note.▬ The Haryana Public Service Commission or Haryana Staff Selection Commission or any other approved Recruitment Agency, as the case may be, shall be consulted before final orders are passed. (2)

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.

(3)

In a case not falling under sub-rule (2), if the authority referred to in subrule (1) considers that the pensioner is prima facie guilty of grave misconduct, it shall, before passing an order under sub-rule (1),─

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

14

(i)

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 further time, not exceeding fifteen days, as may be allowed by the appointing authority, such representation as he may wish to make against the proposal; and

(ii)

take into consideration the representation, if any, submitted by the pensioner under clause (i).

(4)

(a)

Without prejudice to the provisions of sub-rule (3), no Government employee who having worked in any intelligence or security-related Organization(s) included in the Second Schedule to the Right to Information Act, 2005 (Central Act 22 of 2005), shall without prior clearance from the Head of the Department in the aforesaid Organization(s) make any publication after retirement of any material relating to sensitive information, the disclosure of which may prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State or relation with a foreign State, or which may lead to incitement of an offence;

(b)

The Government employees who have worked in any Intelligence or Security-related Organization(s) included in the Second Schedule to the Right to Information Act, 2005 (Central Act 22 of 2005), shall give an undertaking in regard to the above restriction and any failure to observe such an undertaking on the part of the retired Government employees shall be treated as grave misconduct under this rule. A specimen of the above undertaking is available at end of this rule.

(5)

An appeal against an order under sub-rule (1), passed by any authority other than the Government, shall lie to the next higher authority i.e. Government or Governor and the Appellate Authority shall, in consultation with the Haryana Public Service Commission or Haryana Staff Selection Commission, as the case may be, pass such orders on the appeal as the appellate authority thinks appropriate.

Note.▬ Where a pensioner is convicted in judicial proceedings for an offence committed by him while in service, it is a pre-requisite to issue a show-

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

15

cause notice on the basis of conviction by the court to the pensioner before imposing any cut in his pension for clear manifestation of principle of natural justice. Explanation.▬ In this rule, the expression─ “serious crime” includes a crime involving an offence under the Official Secrets Act, 1923 (Central Act 19 of 1923); “grave misconduct” includes the communication or disclosure of any secret official code or pass-word or any sketch, plan, model, article, note, document or information such as it mentioned in section 5 of the Official Secrets Act, 1923 (Central Act 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; “publication” includes communication to the press or electronic media or publish or publication of any book, letter, pamphlet, poster or other document, in any form; "information" includes any material in any form including records, documents, memos, e-mails, opinion, advice, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models and data material in any electronic form held or accessed by the Government servant while in service. UNDERTAKING [See rule 10(4)(b)]

I, ______________________________ , who have worked in _________ _______________________________(Name of the Organization, [Organization as included in the Second Schedule to the Right to Information Act, 2005] ) on the post of ___________________ for the period from _______________ to _______________ hereby solemnly declare that, save with prior approval of the Competent Authority, I shall not publish in any manner, while in service or after my retirement from service, any information which I have obtained by virtue of my working in the aforesaid organization and which is likely to prejudicially affect the (i) sovereignty and integrity of India, (ii) the security, (iii) strategic, (iv) scientific, or (v) economic interests of the state, or (vi) in relation with a foreign

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

16

State, or (vii) which would lead to incitement of an offence. This declaration is notwithstanding my responsibilities and liability, in terms of the relevant Conduct Rules, Pension Rules, Laws dealing with offences relating to official secrets or national security and the Intelligence Organization (Restriction of Right) Act, as the case may be. I further agree that in the event of any failure of the above undertaking by me, the decision of the Government as to whether it was likely to prejudicially affect any of the seven aspects stated above shall be binding on me. 2.

I am aware that the pension which may be granted to me after retirement,

in terms of the relevant Pension Rules, can be withheld or withdrawn, in full or part, for any failure of this undertaking given.

Place:_________________ Date:__________________ 11.

Signature of Government employee.

Recovery of Government dues or others from pension.― (1)

A claim against the Government employee shall become known and the question of making recovery shall arise─ (i)

when the calculation of pension is being made and before the pension is actually sanctioned; or

(ii) (2)

after the pension has been sanctioned.

The claim and the recovery shall be one or other of the following categories:(a)

recovery as a punitive measure in order to make good loss caused to Government as a result of negligence or fraud on the part of the person concerned while he was in service;

(b)

recovery of other Government dues such as over issues of pay, allowances or leave salary, or admitted and obvious dues such as house rent, travelling allowance, outstanding motor car, house building, or other loans and advances, licence fee, etc;

(c)

Recovery of non-Government dues.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

(3)

17

Recoveries described in clause (2) (b) and (c) above shall be made from outstanding dues of the employee, such as arrears of pay and allowances, leave salary, leave encashment, death-cum-retirement gratuity, dearness relief on pension, etc., however, none of the above recoveries shall be affected by a reduction of the pension to be sanctioned or already sanctioned except with the written consent of the pensioner.

If such

consent is not given by the pensioner, a suit for recovery shall be filed in a court of law. Note 1.▬ Heads of offices shall ensure that all the outstanding sums against the employee are adjusted against the dues of the employee such as pay, leave salary or leave encashment, death-cum-retirement gratuity, etc. In case the outstanding sums are not feasible to be recovered fully then the outstanding amount shall be clearly and completely noted in the last pay certificate for effecting recovery from death-cum-retirement gratuity and if the recovery is to be effected from pension, it shall be clearly recorded on the last pay certificate itself that the request or express consent of the pensioner in writing to recover from his pension has been obtained. Note 2.▬ The recovery from pension is not permissible but if final recovery has been made it need not be refunded to the pensioner concerned. 12.

Right of appointing authority to withhold or withdraw pension.― (1)

The Appointing Authority reserve the right of withholding or withdrawing a pension or any part of it, whether permanently or for a specified period, and the right of ordering the recovery from a pension to make good of the whole or part of any pecuniary loss, if any, caused to Government, if the pensioner is found in departmental or judicial proceedings, to have─ (a)

been guilty of grave misconduct or negligence committed by him but there is no pecuniary loss to Government; or

(b)

caused pecuniary loss to Government by misconduct or negligence;

during his service including service rendered on re-employment after retirement: Provided that the Haryana Public Service Commission or Haryana

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

18

Staff Selection Commission or any other approved Recruitment Agency, as the case may be, shall be consulted before final orders are passed: 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 pension prescribed from time to time. Note.▬ Pensionary benefits shall be withheld if departmental proceedings under rule 8 of Haryana Civil Services (Punishment and Appeal) Rules, 2016 involve any financial loss to Government are pending at the time of retirement. (2)

(a)

The departmental proceedings referred to in sub-rule (1), if instituted while the Government employee was in service whether before his retirement or during his re-employment, shall, after the final retirement of the Government employee, be deemed to be proceedings 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 :

(b)

The

departmental

proceedings,

if

not

instituted

while

the

Government employee was in service, whether before his retirement, or during his re-employment,— (i)

shall not be instituted save with the sanction of the Government,

(ii)

shall not be in respect of any event which took place more than four years before such institution, and

(iii)

shall be conducted by such authority and at 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 employee during his service.

(3)

In the case of Government employee 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

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

19

continued under sub-rule (2), a provisional pension as provided shall be sanctioned. (4)

Where the appointing authority decides not to withhold or withdraw pension but orders for 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 employee.

(5)

For the purpose of this rule— (a)

departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Government employee or pensioner, or if the Government employee has been placed under suspension from an earlier date, on such date ; and

(b)

judicial proceedings shall be deemed to be instituted— (i)

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

(ii)

in the case of civil proceedings, on the date the plaint is presented in the court.

Note 1.▬ As soon as proceedings of the nature, referred to above, are instituted, the authority which institutes such proceedings shall without delay intimate the facts to the Principal Accountant General (Accounts & Entitlement), Haryana and Treasury Officer concerned. Note 2.▬ In a case in which a pension as such is not withheld or withdrawn, but the amount of any pecuniary loss caused to Government is ordered to be recovered from the pension, the recovery shall not ordinarily be made at a rate exceeding one-third of the gross pension originally sanctioned including any amount which shall have been commuted. 13.

Limitations on number of pensions.― (1)

Except as otherwise provided in these rules, no Government employee

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

20

shall earn two service pensions at the same time from Haryana Government. (2)

Except as provided in rule 18, a Government employee who while drawing superannuation pension or retiring pension, is subsequently re-employed shall not be entitled to a separate pension or gratuity for the period of service of re-employment.

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HARYANA CIVIL SERVICES (PENSION) RULES, 2016

21

Chapter - IV

Service Qualifying for Pension 14.

Service qualifying for pension.― (1)

The term ‘qualifying service’ has been defined in Chapter-2 of these rules. In addition, the following periods of service rendered by a Government employee appointed on regular basis shall also be qualified for pension :(a)

Duty period of foreign service; provided the pension contribution has been made to the parent department.

(b)

The period of suspension, dismissal, removal, compulsory retirement, followed by re-instatement and treated as duty or such period allowed to be converted into leave of the kind due, shall also qualify for pension upto the extent it is admissible under the rules.

(c)

Any other period of service treated as duty for the purpose of pension by the competent authority.

(d)

The period of departmental training, followed immediately by regular appointment, which is required to undergo before appointment on regular basis even if instead of entry level pay a nominal allowance is allowed during the period of training.

Note.▬ The period of dies non, if any, shall not be treated as qualifying for pension. (2)

Save as otherwise provided in these rules, all regular service interrupted or continuous in one or more Departments of Haryana Government shall be treated as qualifying service for pension subject to provision in rule 15 and the following conditions:(i)

The interruption shall have been caused by reasons beyond the control of the Government employee;

(ii)

Service preceding the interruption shall be minimum of two years or more;

(iii)

The interruption shall not be more than one year’s duration.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

22

(3)

The adhoc service followed by regularization shall also be counted as qualifying service for pension subject to provision of rule 15. The period of break between two or more spells of service shall be omitted subject to provision in sub-rule (2) above.

(4)

The service paid from contingencies followed by regularization rendered by a Government employee retiring from service on or after the 12th December,1997

shall count as qualifying service provided the service

shall have been─ (i)

in a job involving whole time employment and not part time for a portion of day;

(ii)

in a type of work or job for which regular post would have been sanctioned;

(iii)

such for which the payment is made either on monthly or daily rates computed and paid on a monthly basis and which though not analogous to the regular scale of pay/ pay structure shall bear some relations in the matter of pay to those being paid for similar jobs being performed by staff in regular establishments; and

(iv)

continuous and followed by absorption in regular employment without a break.

Note.▬ While bringing contingent paid employee to the regular establishment following entry for verification of contingent service shall be made at the appropriate place in his service book :"Service from __________ to___________ paid out of contingencies verified from acquaintance rolls and office copies of contingent bills". Above entry shall be signed by the Head of office with date. (5)

The entire service rendered by an employee as work charged shall be reckoned towards pension provided─ (i)

such service is followed by regular employment;

(ii)

period of break between two or more spells of service shall be omitted subject to provision in sub-rule (2) above.

(iii)

such service is a whole time employment and not part-time or portion of day.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

15.

23

Benefit of past service towards pension.― (A) On

appointment

from

any

other

Government

to

Haryana

Government─ (1)

A Government employee of Central or any other State Government (except Jammu and Kashmir) who covered under the pension rules there, on his─ (a)

permanent transfer; or

(b)

subsequent appointment,

shall be entitled to get the benefit of past qualifying service towards pension duly verified by the competent authority of his previous Government; provided he submitted his application through proper channel. Note 1.▬ For getting the benefit of past qualifying service, the Government employee shall have to submit an application to the competent authority within one year from the date of joining service in Haryana Government. Note 2.▬ Certificate regarding qualifying service rendered by the Government employee shall be obtained from the competent authority after permanent transfer or subsequent appointment, as the case may be, and not at the time of retirement. Note 3.▬ On appointment from one Government to another, the liability of pensionary benefits including the benefit of past qualifying service of previous Government, shall be borne in full by the Government to which the Government employee permanently belongs at the time of retirement. (See also Appendix 5 of Government Accounting Rules, 1990). Note 4.▬ Competent authority to grant the benefit of past qualifying service towards pension admissible under this rule shall be the Administrative Department in consultation with the Finance Department. (B)

On appointment from a pensionable organization to a department under Haryana Government─ On absorption or subsequent appointment of an employee from a pensionable─

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

24

(a)

Organization to a department both under Haryana Government or vice-versa; or

(b)

Statutory body only under GOI to a department of Haryana Government or vice-versa,

the benefit of past qualifying service shall be admissible subject to conditions that─ (i)

the terminal benefits of past qualifying service, received if any, from the previous Organization shall have to be deposited in the Consolidated Fund of Haryana with interest, at the rate(s) as applicable to General Provident Fund. The interest shall be levied at the rate applicable on General Provident Fund accumulation from time to time computed in the same manner (i.e. with annual compounding), from the date of joining service under Haryana Government to the date of deposit in the state exchequer; and

(ii)

the application has been submitted through proper channel in case of subsequent appointment.

Note.▬ For competent authority see Note 4 of sub-rule (A) above. (C) On appointment from one department to another of Haryana Government─ On appointment from one department to another department of Haryana, the benefit of past qualifying service towards pension shall be admissible provided it is certified by the Head of Department that the application for new/subsequent appointment was submitted through proper channel. (D)

On appointment from pensionable to non-pensionable organization ─ On permanent absorption or subsequent appointment of a Government employee from a department to a non-pensionable organization under any State Government or Government of India, pro-rata pensionary benefits shall, in lump sum or otherwise as per option exercised by the concerned Government employee, be admissible of the qualifying service rendered before permanent absorption or subsequent appointment, as the case may be, provided the application has been submitted through proper channel. The pro-rata pensionary benefits shall be payable from the date of

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

25

permanent absorption or subsequent appointment and shall be released within six months from the date of submission of documents complete in all respects required for the purpose. The incumbent has to resign from service which will be a technical formality. No family pension shall be admissible in case of death after the date of permanent absorption or subsequent appointment. Note.▬ The competent authority for this purpose shall be the appointing authority or Head of Department, whichever is higher. 16.

Resignation to join subsequent appointment is a technical resignation.― Resignation from the post held before joining the new/subsequent appointment from one department to another or from any other Government to Haryana Government shall be treated as technical resignation; provided the application for the new/subsequent appointment has been submitted through proper channel or at the time when the concerned Government employee was not in service in any department/organization under any Government.

17.

Special additions to service qualifying for superannuation pension.― (1)

Except as otherwise provided in these rules, a Government employee who retires from a service or post shall be eligible to add to his service qualifying for superannuation pension (but not for any other class of pension)— (i)

the actual period not exceeding one-fourth of the length of his service; or

(ii)

the actual period by which his age at the time of recruitment exceeds twenty-five years; or

(iii)

a period of five years,

whichever is least, if the service or post to which the Government employee is appointed is one─ (a)

for which post-graduate research or specialist qualification, or experience in scientific, technological or professional fields is essential; and

(b)

to which candidates of more than twenty-five years of age are normally recruited:

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

26

Provided that this concession shall be admissible to a Government employee ─ (i)

appointed by direct recruitment and not by promotion;

(ii)

who has actual qualifying service of ten years or more at the time of superannuation retirement;

(iii)

appointed to a post, the recruitment rules of which contain a specific provision that the service or post is one which carries the benefit of this rule:

(2)

The concession referred to sub rule (1) shall also be admissible on subsequent appointment from any other post to such a post in the same or any other department; provided the Government employee shall be entitled either to count his past qualifying service for superannuation pension or to get concession under sub-rule (1). He shall exercise an option to this effect within one year from the date of joining. The option once exercised shall be final.

(3)

In case of the members of Superior Judicial Service appointed by direct recruitment from the Bar, the actual period of practice in Bar not exceeding ten years, shall be added to the service qualifying for superannuation pension and other retirement benefits.

Note.▬ The decision to grant the concession under this rule shall be taken within two years from the date of recruitment by the Administrative Department in consultation with the Finance Department. 18.

Benefit of military service towards pension.― On re-employment, before the 1st January, 2006 in any department of Haryana Government, of an ex-serviceman discharged from pensionable military service without earning a military pension under the military rules, the past military service qualifying for pension shall be counted towards civil pension at the time of retirement subject to refund of pensionary benefits received from military authorities, with interest, either in thirty-six installments or in lump sum. The interest shall be levied at the rate applicable on General Provident Fund accumulation from time to time computed in the same manner (i.e. with annual compounding) for the period from date of receipt of pensionary benefits till the

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

27

date of refund to the Government. For this purpose an option within one year from the date of joining civil service shall be exercised. The right to count the previous qualifying military service shall not revive until the whole amount has been refunded. This benefit alongwith condonation of break between military and civil service, if any, upto three years, may be granted by the Head of Department or appointing authority, whichever is higher. Note 1.▬ In the case of a Government employee, who, having elected to refund the pensionary benefits dies before the entire amount is refunded, the unrefunded amount of pensionary benefits shall be adjusted against the death gratuity which may become payable to his family. Note 2.▬ In cases where after the issue of the orders by the competent authority on the basis of option exercised by an employee for counting of past service for pensionary benefits, if an individual does not deposit the amount of pensionary benefits already received by him from military authorities within one month of the receipt of communication from the Government, penal interest at the rate of ten percent per annum shall also be charged for the default period in addition to normal rate of interest. Note 3.▬ The sanction regarding counting of military service shall be accorded by the competent authority at the time of appointment of the person concerned and not at the time of his retirement from civil service. Sanction accorded in such a case shall require specifically to mention the amount of pensionary benefits recoverable in lump sum with interest as specified above.

The gratuity once deposited in order to secure the benefit of

counting former military service for civil pension shall not be paid back in any circumstances. 19.

Benefit of past service in case of re-instatement on appeal.― (a)

A Government employee dismissed, removed or compulsorily retired from public service, reinstated on appeal or revision, shall be entitled to count his past service qualifying for pension.

(b)

Where the period between dismissal, removal or compulsory retirement, as the case may be, followed by re-instatement has been treated as duty by the competent authority the same shall also be counted for the purpose of pension. If the same is converted into leave of the kind due the same

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

28

shall be qualifying for pension upto the extent it is admissible under the rules, provided the monthly pension already drawn shall be adjusted against the leave salary. Where the intervening period has been converted into extraordinary leave, no refund of pension for such period shall be required. For the the remaining retiral benefits, option shall be exercised by the Government employee either to refund the same within three months or to retain with him subject to adjustment with interest at the rate of GPF against the benefits due at the time of retirement on superannuation. Note.▬ When the period of suspension, if any, is treated as non-duty, the past qualifying service shall not be forfeited. 20.

Interruption in service on subsequent appointment at different stations.― In cases where an interruption in service is inevitable due to the two appointments being at different stations, such interruption, not exceeding the joining time permissible under the rules on transfer in public interest, shall be covered by— (i)

grant of leave of any kind due to the Government employee on the date of relief on his subsequent appointment from one department to another of Haryana Government; and

(ii) 21.

formal condonation under rule 14(2) in all other cases.

Forfeiture of past service for pension.― Save as otherwise provided, past service of a Government employee shall be forfeited towards pension and death-cum-retirement gratuity in the following circumstances:(a)

an interruption in service caused by wilful absence from duty;

(b)

resignation from public service; or

(c)

dismissal or removal from service under the Haryana Civil Services (Punishment and Appeal) Rules, 2016.

22.

Benefit of past service on re-employment of a pensioner in receipt of compensation or invalid pension.― While working in any department of Haryana Government, a Government employee who initially entered in service on regular basis before the 1st January,

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

29

2006 but later on─ (i)

was terminated from Government service, due to abolition of post, with a compensation pension or service gratuity; or

(ii)

was retired from service due to permanently incapacitated with invalid pension or service gratuity, but is sufficiently restored to health,

if re-employed before the age of superannuation, shall be entitled to benefit of past service towards pension subject to refund of pensionary benefits alongwith interest as per provision in rule 18 ibid. For this purpose, an option within one year from the date of re-employment shall be exercised. If such pensioner does not opt to refund the pensionary benefits already received, he shall be covered under Defined Contributory Pension Scheme. 23.

Re-employment after retirement is not qualifying for pension.― (1)

No Government employee shall retire with a view to being re-employed, and drawing pension in addition to pay in any department or organization under Haryana Government.

(2)

A person who is in receipt of superannuation or retiring pension shall not be re-employed in service, except where it is utmost necessary in public interest and in a purely temporary capacity with the sanction of the competent authority. The re-employment shall not be extended beyond the age of sixty-five years of the Government employee.

The service

rendered on re-employment after retirement shall not qualify for pension.

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30

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

31

Chapter - V

Different kinds of Pension and Conditions for Grant of Pension 24.

Different kinds of pension.― There are four kinds of pension which are as under:-

25.

(a)

Compensation pension;

(b)

Invalid pension;

(c)

Retiring pension;

(d)

Superannuation pension.

Grant of compensation pension.― (1)

When the services of a Government employee is dispensed with owing to the abolition of his post, he shall have the option either of─ (a)

taking compensation pension to which he may be entitled for the qualifying service of ten years or more he had rendered; or

(b)

accepting another post or transfer to another establishment even on a lower [level/pay scale]1/post, if offered and continuing to count his previous qualifying service for pension.

(2)

(a)

Notice of at least three months or pay and allowances in lieu of notice period falling short shall be given to Government employee by the appointing authority before his services are dispensed with on the abolition of his post.

(b)

The services of Government employee shall be deemed to be dispensed with immediate effect on payment of pay and allowances in lieu of notice given to him under clause (a). He shall be entitled to compensation pension, if otherwise admissible, from the next day of such discharge and the pension shall not be deferred till the expiry of the period of three months for which he is paid pay and allowances.

Note.▬ Pay and allowances paid in lieu of notice period includes house rent allowance and other compensatory allowances and shall be in addition to compensation pension for the said period. 1

Substituted vide Notification No. 2/14/2017-1Pen. (FD), Dated : 4th December, 2017.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

32

(3)

A Government employee, who has been granted pay and allowances in lieu of notice period if re-employed before the expiry of the notice period for which he has received pay and allowances, shall be required to refund the pay and allowances.

26.

Grant of invalid pension.― (1)

Invalid pension may be granted to a Government employee, who is retired from service on account of any bodily or mental infirmity, certified by the medical board, which permanently incapacitates him for the service. The Appointing authority shall have the power to require a Government employee to appear before a medical board to test his physical fitness for the efficient discharge of the duties of his post, whenever, it has reason to believe that the Government employee is not physically fit to carry out his duties satisfactorily.

Note 1.▬ Before taking any action under this rule, provisions of section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Central Act 1 of 1996) shall be complied with. Extract of section 47 ibid is available at the end of this rule. Note 2.▬ Any particular group of employees, covered under these rules, but excluded from the (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 by the competent authority shall be considered for invalid pension in lieu of benefit under the Act. (2)

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

(3)

No medical certificate of incapacity for service shall be granted by the medical board unless the applicant produces a letter to show that the Head of office is aware of the intention of the applicant to appear before the medical board.

(4)

The medical board shall record the reasons for disability of the Government employee specifying the disease accountable for the disability and merely a simple certificate of inefficiency due to old age or natural decay from advancing years shall not be sufficient.

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Note.▬ Senile contract, arterial changes consequent on senile decay, general nervous breakdown, and commencing cataract may be treated as specific disease. (5)

Where the medical board has declared a Government employee fit for further service of less laborious character than that which he had been doing, he shall, 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 retired from service on invalid pension.

(6)

The form of medical certificate to be issued by the medical board in respect of a Government employee applying for invalid pension or otherwise while in or out of India, shall be as follows:"Certified that we have carefully examined Sh.______________________ s/o________________________, aging _____________ years employed as _______________________ in _______________________________ (Office/Department) taking into account all the facts of the case as well as his present condition, we consider him to be completely and permanently incapacitated for further service of any kind in the department to which he belongs in consequence of ______________________________ (here state disease and reason).”

Note 1.▬ If the incapacity is obviously the result of intemperance, substitute for the last sentence as under : "In our opinion his incapacity is the result of irregular or intemperate habits”. Note 2.▬ If the incapacity does not appear to be complete and permanent, the certificate shall be modified accordingly and the following addition shall be made:“We are of the opinion that Shri ___________________________ is fit for further service of a less laborious character than that which he had been doing or may, after resting for ________________ days, be fit for further service of less laborious character than that which he had been doing.”

Place : Dated :

Medical Board

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34

Extract from the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. 47.

(1)

No establishment shall dispense with or reduce in rank, an employee who acquires a disability during his service. Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, shall be shifted to some other post with the same pay scale and service benefits: Provided further that if it is not possible to adjust the employee

against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier. (2)

No promotion shall be denied to a person merely on the ground of his disability: Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.

As per section 2 (i) Disability means─ (i)

Blindness;

(ii)

Low vision;

(iii)

Leprosy-cured;

(iv)

Hearing impairment;

(v)

Loco motor disability;

(vi)

Mental retardation;

(vii) Mental illness.” 27.

Grant of retiring pension.― A retiring pension shall be granted to a Government employee in case of─

28.

(i)

premature retirement; or

(ii)

voluntary retirement;

Grant of superannuation pension.― A superannuation pension is granted to a Government employee who is retired

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35

from service on attaining the age of superannuation prescribed for him or the post held by him, as the case may be, subject to admissibility. 29.

Grant of compassionate allowance.― (1)

No pension shall be granted to a Government employee dismissed or removed

for

misconduct,

insolvency

or

inefficiency.

However,

compassionate allowance may be granted by the Administrative Department in cases where Government employee is deserving special considerations: Provided that the compassionate allowance granted to any Government employee shall not be more than two-thirds of the pension which shall have been admissible to him had he been compulsorily retired on that day and not less than the minimum pension prescribed from time to time. However, no gratuity shall be admissible to a Government employee dismissed or removed from service for misconduct, insolvency or inefficiency. (2)

This rule vests Government with an absolute discretion to grant or not to grant any compassionate allowance. Each case shall be considered on its merits after drawn a conclusion on the following points :(i)

actual misconduct or course of misconduct which occasioned the dismissal or removal of the Government employee, and also the kind of service he has rendered.

(ii)

if the course of misconduct carries the legitimate inference that the Government employee service has been dishonest, there can hardly be any good case for a compassionate allowance.

(iii)

poverty is not an essential condition precedent to the grant of a compassionate allowance, but special regard may also occasionally be paid to the fact that the employee has a wife and children dependent upon him.

(3)

In the case of those Government employees whose removal or dismissal results from participation in other objectionable activities affecting or endangering the security of the State, such proportionate pension may be granted as may be recommended by the Committee of the Advisors

36

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

constituted under the Haryana Civil Services (Safeguarding of National Security) Rules, 1971. Note 1.▬ Commutation of such allowance shall also be sanctioned by the competent authority only on the undertaking from the recipient that the proceeds of the commutation shall be invested for the permanent benefit of the commuter’s family. Note 2.▬ At the time of grant a compassionate allowance, the sanctioning authority shall not condone deficiencies in service, for the purpose of determining the amount of pension that shall have been admissible to him if he had compulsorily retired.

*********

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Chapter - VI

Amount of Pension 30.

Calculation of qualifying service for pension.― The amount of pension shall be determined by length of qualifying service which shall be calculated in terms of completed half yearly period. A fraction of three months or more shall be treated as a completed half year period for this purpose.

31.

Pension to be calculated in rupees and is payable in india.― Pensions shall be fixed in rupees and the fraction of a rupee shall be rounded off to the next higher rupee at the time of computing pension at final stage. The pension shall be paid in India.

32.

Minimum qualifying service for monthly pension.― The minimum qualifying service required for pension is ten years. On retirement from service on whatsoever reason before completion of qualifying service of ten years, pension shall not be admissible. In such a case, service gratuity in addition to retirement gratuity, if otherwise admissible under these rules, shall be granted in lieu of pension. Exception.▬ The condition of minimum 10 years qualifying service shall not be applicable in case of invalid pension. Note.▬ The length of qualifying service of nine years and nine months shall be treated as ten years’ qualifying service for the purpose of this rule.

33.

Additional pension on completion of prescribed age.― (1)

On attaining the prescribed age, the pensioners shall be entitled to additional quantum of pension which shall be as under :Age of pensioner

Additional quantum of pension

From 80 years to less than 85 years

20% of basic pension

From 85 years to less than 90 years

30% of basic pension

From 90 years to less than 95 years

40% of basic pension

From 95 years to less than 100 years

50% of basic pension

100 years or more

100% of basic pension

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(2)

The Additional quantum of pension shall be admissible from the first day of the month in which a pensioner completes prescribed age. For example, if a pensioner completes the age of 80 years in the month of August, 2016, he shall be entitled to additional pension with effect from 1st August, 2016. Those pensioners, whose date of birth is 1st August, shall also be entitled to additional pension with effect from 1st August, 2016 on attaining the age of 80 years and above.

(3)

The Principal Accountant General (Accounts & Entitlement), Haryana shall ensure that the date of birth and the age of pensioner has invariably been indicated in the pension payment order to facilitate payment of additional pension by the pension disbursing authority as soon as it become due. The amount of additional pension shall be shown distinctly in pension payment order. For example, where pension on retirement is Rs. 10,000 per month, in pension payment order it shall be shown that on attaining the age of 80 years the Additional Pension shall be Rs. 2,000 per month in addition to basic pension 10,000/-.

34.

[Qualifying service for full pension.― (1)

The qualifying service required for full pension is 20 years or as prescribed from time to time. On retirement from service after completion of 20 years’ or more qualifying service, the amount of pension shall be @ 50% of the last emoluments subject to 50% of the highest emoluments in the Government, (i.e. Rs. 1,12,050 @ 50% of Rs. 2,24,100) or as prescribed from time to time by the competent authority.

(2)

Where the qualifying service is of ten years or more but less than twenty years, the amount of pension shall be fixed proportionately.

A few

illustrations are given below. (3)

The minimum pension shall be Rs. 9,000/- per month, or as prescribed from time to time by the competent authority.

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Illustrations Last emoluments

Pension on completion of qualifying service of 20 years or more

Rs. 20,000/-

17 yrs 9 months 1 day

15 years 2 months 20 days

12 years 2 months 29 days

20,000/2 x 40/40 20,000/2 x 36/40 20,000/2 X 30/40 = 20,000/2 x 24/40 9,000 (minimum) = 10,000 = 9,000 = 9,000 (minimum)

(But not less than minimum pension i.e. Rs. 9,000) Rs. 26,000/-

26,000/2 x 40/40 26,000/2 x 36/40 26,000/2 x 30/40 = = 11,700 9,750 = 13,000

26,000/2 x 24/40 = 9,000 (minimum)

Rs. 47,600 /-

47,600/2 x 40/40 47,600/2 x 36/40 47,600/2 x 30/40 = = 23,800 = 21,420 17,850

47,600/2 x 24/40 = 14,280

Rs. 66,000/-

66,000/2 x 40/40 66,000/2 x 36/40 66,000/2 x 30/40 = = 33,000 = 29,700 24,750

66,000/2 x 24/40 = 19,800

Rs. 1,84,100/1,84,100/2 x (alongwith NPA) 40/40 = 92,050

35.

1,84,100/2 x 36/40 = 82,845

1,84,100/2 x 30/40 = 69,038

1,84,100/2 x 24/40 1 = 55,230]

Service gratuity in lieu of pension.― In cases where service gratuity is admissible the same shall be calculated at the rate of half month’s emoluments for every completed half yearly period of qualifying service and neither any additional pension nor family pension shall be admissible.

36.

Last emoluments in case of ‘on leave’ or ‘under suspension’ on the date of retirement.― (1)

If on the date of his retirement a Government employee is on leave, the increment due between the period of leave and the date of retirement shall be taken into account in the last emoluments irrespective of the fact not actually drawn provided the same shall have otherwise been admissible had he been on duty on the date of retirement.

(2)

If a Government employee is retired from service during the currency of punishment of withholding of last increment or a series of last increments without cumulative effect,

his last emoluments for pensionary benefits

shall be equal to the same which shall have been admissible had he not been awarded such punishment. (3) 1

If on the date of retirement a Government employee is under suspension,

Substituted vide Notification No. 2/14/2017-1Pen. (FD), Dated : 4th December, 2017.

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40

the increment(s), falling during the period of suspension, shall not be taken into account in the last emoluments for pensionary benefits until the period of suspension is treated as duty by the competent authority. If the period of suspension is treated as leave of the kind due the last emoluments shall include the increment(s), if otherwise admissible during the period of leave qualifying for pension. (4)

If on the date of retirement a Government employee is on leave or under suspension and the period of leave or suspension, does not qualify for pensionary benefits, his last emoluments shall be the same which he was drawing immediately before proceeding on leave or suspension, as the case may be.

(5)

If on the date of retirement a Government employee is wilful absent from duty pending final decision regarding treatment of the period of wilful absence, he shall be entitled to provisional pension on the last emoluments, notional or actual, admissible immediately before the date of wilful absence.

37.

Last emoluments in case of death while in service.― (1)

If on the date of death while in service a Government employee is under suspension his emoluments for pensionary benefits shall be the same which may have been admissible had he been on duty on the date of death. The increment(s) falling during the period of suspension shall not be taken into account in the last emoluments for pensionary benefits until the period of suspension is treated as duty by the competent authority.

(2)

If a Government employee dies during the currency of punishment of withholding of last increment or a series of last increments without cumulative effect, his last emoluments for pensionary benefits shall be equal to the same which may have been admissible had he not been awarded such punishment.

(3)

If on the date of death while in service a Government employee is on leave, his emoluments for pensionary benefits shall be the same which may have been admissible had he been on duty on the date of death.

(4)

If a Government employee dies while in service during the period of absence of unauthorized leave pending final decision regarding treatment

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

41

of the said period, the last emoluments, notional or actual, admissible immediately before the date of absence shall be taken into account for the purpose of pensionary benefits. 38.

Last emoluments in case of foreign service or deputation.― (1)

Where a Government employee, on the date of death while in service or retirement, as the case may be, is─ (a)

on foreign service; or

(b)

on deputation/ ex-cadre post in any other department/Government,

in such case, the last emoluments admissible while on foreign service/ deputation or the presumptive pay admissible in the parent department, whichever is less, shall be taken into account for the purpose of pensionary benefits. However, the last emoluments drawn on an ex-cadre post within the parent department shall be taken into account for this purpose. 39.

Dearness relief on pension/family pension.― (1)

Dearness Relief means a relief granted to pensioners including family pensioners due to inflation in prices.

It is granted at such rates and

subject to such conditions as the State Government, may specify, from time to time. (2)

On re-employment of a pensioner in any department/organization under Haryana or any other Government, the dearness relief on pension shall remain intact during the period of re-employment.

Note.▬ For entitlement of dearness allowance on the basic pay of re-employed post, see rule 28 of Haryana Civil Services (Allowances to Government Employees) Rules, 2016.

**********

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HARYANA CIVIL SERVICES (PENSION) RULES, 2016

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

43

Chapter - VII

Death-cum-Retirement Gratuity 40.

Rate and entitlement of death-cum-retirement gratuity.― (1)

Retirement gratuity.▬ No retirement gratuity shall be admissible if qualifying service is less than five years at the time of retirement. On retirement from service, retirement gratuity shall be admissible equal to one-fourth of last emoluments for each completed half year period of qualifying service. Maximum retirement gratuity equal to 16½ months’ emoluments in case of Government employees of Group A, B and C and 17½ months’ emoluments in case of Group D employees shall, subject to maximum amount of ceiling prescribed from time to time, be admissible.

Note.▬ This gratuity shall also be admissible in case of termination from service of a Government employee due to abolition of post, however, no gratuity shall be granted under this rule, if the employee is dismissed or removed for misconduct, insolvency or inefficiency. (2)

Death gratuity to the family of deceased Government employee.▬ In case of death while in service, the death gratuity shall be paid to the family of deceased Government employee at the following rates :Length of qualifying service upto the date of death

Rate of death gratuity 2 months’ of emoluments

(i)

Less than 1 year

(ii)

One year or more but less 6 months’ of emoluments than 5 years

(iii) 5 years or more but less than 12 months’ of emoluments 24 years (iv) 24 years or more

Equal to retirement gratuity as per provision in sub-rule (1).

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Note 1.▬ The amount of death-cum-retirement gratuity shall not, in any case, exceed the maximum limit of [Rs. 20.00 lakh]1 or as prescribed by the competent authority from time to time. Note 2.▬ The fraction of a rupee, shall be rounded off to the next higher rupee. Note 3.▬ The qualifying service of four years and nine months shall be treated five years qualifying service for this purpose. Note 4.▬ In case of death after more than five years qualifying service but less than twenty-four years of qualifying service, the spell of last five years’ service shall be verified and accepted by the Head of office. (3)

Death-cum-retirement gratuity to the family of Government employee who disappeared.▬ The provision as laid down in sub-rule (2) shall be applicable for payment of death-cum-retirement gratuity to the family of a Government employee, to whom these rules are applicable, is disappeared while in service. The payment shall be made after six month from the date of lodging an FIR subject to production of Indemnity Bond specimen available at the end of rule 65 of these rules.

(4)

Recovery from death-cum-retirement gratuity.▬ Recovery of Government dues such as over issues of pay, allowances, leave salary, house rent, travelling allowance, outstanding motor car, house building or other loan(s) and advance(s), licence fee, etc. can be effected from death-cum-retirement gratuity admissible under this rule

(5)

Lapse of death-cum-retirement gratuity.▬ Where a Government employee dies while in service or after retirement without receiving the amount of gratuity and leaves behind no family and─ (a)

has made no nomination, or

(b)

the nomination made by him does not subsist,

the amount of death-cum-retirement gratuity payable in respect of such

1

Substituted vide Notification No. 2/14/2017-1Pen. (FD), Dated : 4th December, 2017.

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45

Government employee under these rules shall lapse to the Government: Provided that the amount of death gratuity/retirement gratuity shall be payable to the person in whose favour a succession certificate in respect of the gratuity, in question, has been granted by a court of Law. 41.

Nomination for death-cum-retirement gratuity.― (1)

A Government employee shall, after joining regular service, make a nomination, conferring on one or more persons, the right to receive any death-cum-retirement gratuity admissible under these rules which has not been paid to him before death; provided that if, at the time of making the nomination, the Government employee has a family, the nomination shall be in favour of member(s) of his family covered under sub-clause (1) of clause (A) of sub rule (10) of rule 8 of these rules. Failing sub clause (1), the nomination shall be made in favour of member(s) covered under subclauses (2) and (3) of clause (A) of sub rule 10 of rule 8. Failing clauses (2) and (3), the nomination may be made in favour of any other person or persons.

Explanation.▬ "persons" for the purpose of this rule shall include any company or association or body of individuals, whether incorporated or not. (2)

The nomination shall be made in the prescribed Form Pen-1. Every nomination made and every notice of cancellation given by a Government employee shall be countersigned by the Head of office indicating the date of receipt and keep it in safe custody. It shall, to the extent that it is valid, take effect on the date on which it is received by the Head of office. Suitable entry regarding receipt of nomination shall be made in the service book of the Government employee concerned.

(3)

A Government employee who nominates more than one person shall specify in the nomination the amount of share payable to each of the nominees, in such manner as to cover the whole amount of the gratuity.

42.

Provision of other person(s) in case of death of nominee(s).― In respect of any specified nominee, that in the event of his predeceasing the Government employee the right conferred upon that nominee(s) shall pass to

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

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such other person(s) as may be specified in the nomination; provided that if at the time of making the nomination, the Government employee has a family consisting of more than one member, the person so specified shall not be a person other than a member of his family. Note.▬ The forms of nomination provide for only one alternate nominee and it is not open to a Government employee to nominate more than one alternate nominee against any original nominee. 43.

Invalidation of nomination.― (a)

The nomination shall become invalid in the event of happening of the contingency specified therein.

(b)

The nomination made by a Government employee who has no family at the time of making it, or a provision made in nomination under rule 41 by a Government employee whose family consists at the time of making the nomination of only one member, shall become invalid in the event of the employee subsequently acquiring a family, or an additional member in the family, as the case may be.

44.

Cancellation of nomination.― (1)

A Government employee at any time may make any change or cancel the nomination already made, by sending a notice in writing to the Head of office, provided that along with such notice, a fresh nomination made in accordance with this rule shall be sent. Fresh nomination may also be made even after retirement if such a contingency arises.

(2)

Immediately on the death of a nominee, in respect of whom no special provision has been made in the nomination under rule 42, or on the occurrence of any event, by reason of which the nomination becomes invalid, in pursuance of rule 43, the employee shall send to the Head of office a notice in writing formally cancelling the nomination, together with a fresh nomination made in accordance with this rule.

45.

Persons to whom death-cum-retirement gratuity is payable.― (1)

In case of death while in service or after retirement before the release of death-cum-retirement gratuity admissible under these rules, the death-

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47

cum-retirement gratuity shall be paid to the person(s) on whom the right to receive the gratuity is conferred by means of a nomination under rule 42. (2)

If there is no such nomination or if the nomination made does not subsist, the gratuity shall be paid in the manner indicated below: -

(a)

if there are one or more surviving members of the family as in sub clause (1) of clause (A) of sub rule (10) of rule 8 of these rules to all such members in equal shares;

(b)

if there are no such surviving members of the family as in sub-clause (a) above, but there are one or more members as in sub clauses (2) and (3) of clause (A) of sub rule (10) of rule 8 of these rules, to all such members in equal shares.

(3)

The eligibility of family member to receive the share of death-cumretirement gratuity of a deceased Government employee shall be considered as on the date of death. The attaining of age or marriage of the eligible family member after the date of death of Government employee shall not affect the right to receive his/her share of death-cumretirement gratuity.

(4)

Where death-cum-retirement gratuity is to be granted to a minor member of the family of the deceased Government employee, it shall be payable to the guardian on behalf of the minor.

Note.▬ Succession Certificate or Will does not constitute a legal right to claim the death-cum-retirement gratuity where valid nomination subsists in the office record. The pension sanctioning authorities shall not wait for any succession certificate or will in such a case. 46.

Debarring a family member or nominee to receive death-cum-retirement gratuity.― (1)

In case family member or nominee, eligible to receive death-cumretirement gratuity in terms of these rules is charged with the offence of murdering the Government employee 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.

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(2)

If on the conclusion of the criminal proceedings referred to in sub-rule (1), the person concerned is—

(a)

convicted for the murder or abetting in the murder of the Government employee, he shall be debarred from receiving his share of gratuity which shall be payable to other eligible members of the family, if any.

(b)

acquitted of the charge of murdering or abetting in the murder of the Government employee, his share of gratuity shall be payable to him.

**********

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Chapter - VIII

Family Pension 47.

Admissibility of family pension.― (1)

The family pension shall be admissible to the family of a

deceased

Government employee, covered under these rules, in case of death─ (a)

after completion of one year service; or

(b)

before completion of one year service provided the deceased Government employee immediately prior to his appointment to the service or post was examined by the competent medical authority and declared fit for Government service.

However, the family pension shall be payable to the eligible member of the family of deceased Government employee after the cessation of compassionate financial assistance. Note.▬ The period of one year service includes period of training which is compulsory before appointment on regular basis and period of extraordinary leave, if any, but does not include the period of suspension treated as non-duty. (2)

The family pension shall also be admissible to the eligible family member after death of a pensioner.

(3)

Save as otherwise provided in these rules, the family pension shall not be payable to more than one member of the family of deceased Government employee or pensioner at the same time. It shall be admissible to the eligible member as per definition of family for the purpose of family pension and shall be paid in the manner as laid down in this chapter.

Note.▬ It shall be the duty of son or daughter or siblings or the guardian to furnish a certificate to the pension disbursing authority, as the case may be, once in a year in the month of March that (i) he or she has not started earning his or her livelihood and (ii) he or she has not yet married or remarried. A similar certificate shall be furnished by a childless widow after her re-marriage or by the disabled son or daughter or parents to the

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50

pension disbursing authority, as the case may be, in the month of March every year that she or he or they have not started earning her or his or their livelihood. Explanation.▬ An eligible person entitled to family pension shall receive the same for the benefit of all the eligible persons of the family. 48.

Determination of family pension.― (1)

The amount of family pension shall be fixed at monthly rates. It shall be expressed in whole rupees and fraction of a rupee, if any, shall be rounded off to the next higher rupee.

(2)

[The family pension shall be calculated at uniform rate of thirty percent of last emoluments at the time of retirement or death while in service and shall be subject to minimum of Rs. 9,000/- per month and maximum of thirty percent of the highest emoluments, i.e. Rs. 67,230/- at the rate of thirty percent of Rs. 2,24,100 or as prescribed from time to time by the competent authority.”]1

49.

Determination of enhanced family pension.― (1)

In the event of death while in service after having rendered not less than seven years continuous service, the enhanced family pension shall be admissible to the eligible family member of the deceased Government employee for a period of ten years after cessation of compassionate financial assistance irrespective of any upper age limit of the deceased Government employee.

The rate of enhanced family pension shall be

equal to fifty percent of the emoluments last drawn. (2)

In the event of death after retirement, the enhanced family pension shall be admissible to the family of deceased pensioner for a period of seven years or upto the date on which the deceased pensioner shall have attained the age of sixty five years, had he survived, whichever is earlier. The amount of enhanced family pension shall be determined equal to the pension of deceased pensioner before his death.

Note.▬ Seven years continuous service includes non-qualifying service but does not include boy service, if any. 1

Substituted vide Notification No. 2/14/2017-1Pen. (FD), Dated : 4th December, 2017.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

50.

51

Additional family pension on completion of prescribed age.― (1)

On attaining the prescribed age, the family pensioners shall be entitled to additional quantum of family pension, as the case may be, which shall be as under :Age of family pensioner

Additional quantum of family pension

From 80 years to less than 85 years

20% of basic family pension

From 85 years to less than 90 years

30% of basic family pension

From 90 years to less than 95 years

40% of basic family pension

From 95 years to less than 100 years

50% of basic family pension

100 years or more

100% of basic family pension

(2)

The additional quantum of family pension shall be admissible from the first day of the month in which the family pensioner completes prescribed age. For example, if the family pensioner completes the age of eighty years in the month of August, 2016, he shall be entitled to additional family pension with effect from the 1st August, 2016. Those family pensioners, whose date of birth is 1st August, shall also be entitled to additional family pension with effect from 1st August, 2016 on attaining the age of eighty years and above.

(3)

The Principal Accountant General (Accounts & Entitlement), Haryana shall ensure that the date of birth and the age of family pensioner has invariably been indicated in the pension payment order to facilitate payment of additional family pension by the pension disbursing authority as soon as it become due. The amount of additional family pension shall be shown distinctly in pension payment order. For example, where family pension is Rs. 10,000 pm, and date of birth is 12th August, 1935, in the pension payment order it shall be shown that with effect from 01.08.2016 on attaining the age of eighty years the additional family pension shall be Rs. 2,000 per month in addition to basic family pension 10,000/-.

51.

Eligibility of both pension & family pension or two family pensions at a time.― (1)

The pension or family pension admissible under military rules or under the

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rules of a Government other than Haryana Government shall not be a bar for pension or family pension admissible under these rules and shall be in addition. However, at a time neither two pensions of same service nor two family pensions of a deceased Government employee of Haryana shall be admissible. (2)

In case of death, while in service or after retirement, of wife or husband where both are serving under any department or organization under Haryana Government and both are governed by the provisions of these rules, the family pension in respect of the deceased shall become payable to the surviving husband or wife, as the case may be. In the event of the death of both husband and wife, the surviving eligible child or children shall be granted the two family pensions in respect of the deceased parents, subject to the limits specified below, namely,─ [(a)

(i)

if the surviving child or children is or are eligible to draw two enhanced family pensions at the rate mentioned in rule 49, the total amount of the both enhanced family pensions shall be limited to 1,12,050 (one lakh twelve thousand fifty) (i.e. 50% of 2,24,100) per mensem;

(ii)

if one of the enhanced family pensions ceases to be payable at the rate mentioned in rule 49, and in lieu thereof the normal family pension at the rate mentioned in rule 48 becomes payable, the amount of the both family pensions shall also be limited to 1,12,050 (one lakh twelve thousand fifty) (i.e. 50% of 2,24,100) per mensem;

(b)

if both the family pensions are payable at the rate mentioned in rule 48, the amount of two family pensions shall be limited to Rs. 67,230/(i.e. @ 30% of 2,24,100) per mensem.]1

(3)

Where one of the spouse is a pensioner of Central Government or any other State Government and another is a pensioner of Haryana Government and is governed by the provision of these rules, in case of death of pensioner of Haryana Government the family pension shall be admissible to the eligible family member.

1

Substituted vide Notification No. 2/14/2017-1Pen. (FD), Dated : 4th December, 2017.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

52.

53

Regulation of family pension in case of criminal proceedings.― (1)

Where a family member, who in the event of death of Government employee while in service or pensioner, is eligible to receive family pension, is charged with the offence of murdering the Government employee or pensioner or for abetting in the commission of such an offence, the claim of such member, including other eligible member(s) of the family to receive the family pension, 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 persons concerned is─ (i)

convicted for the murder or abetting in the murder of the Government employee or pensioner, as the case may be, such a person shall be debarred from receiving the family pension which shall be payable to next eligible member of the family, from the next day of the death of Government employee or pensioner;

(ii)

acquitted of the charge of murder or abetting in the murder of the Government employee or pensioner, the family pension, shall be payable to such person from the next day after the cessation of compassionate

financial

assistance

in

respect

of

deceased

Government employee or from next day of the death of pensioner, as the case may be. 53.

Furnishing the size of family on joining and also from time to time.― (1)

As soon as a person joins Government service, he shall give details of his family in the following form to the Head of office. If he has no family at the time of joining, he shall furnish the details in the said form as soon as he acquires a family.

(2)

The Government employee shall communicate to the Head of office any subsequent change in the size of the family, including the fact of marriage of his female child.

(3)

The Head of office shall, on receipt of the said form get it pasted on the service book of the Government employee concerned and acknowledge receipt of the said form and all further communications received from the Government employee in this behalf. On receipt of communication from the Government employee regarding any change in the size of his family,

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

54

the Head of office shall have such a change incorporated in the said form. (4)

As and when the disability referred to rule 63 manifests itself in a child which makes him/her unable to earn his/her living, the fact shall be brought to the notice of the Head of office duly supported by a medical certificate issued by the board, and it shall be indicated in this form by the Head of office.

Form Details of Family Name of the Government employee Designation Date of birth Date of appointment Details of the members of my family as on Name of the members of family

1

2

Date of birth

Relationship with the Government employee

Aadhaar No.

Remarks

3

4

5

6

1 2 3 4 5 6

I hereby undertake to keep the above particulars up-to-date by notifying to the Head of office any addition or alteration.

Place: __________________

Signature of Government employee.

Dated, the _______________ Countersigned

Signature of Head of office (with date and stamp of office)

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

54.

55

Family pension to next eligible family member in the event of death of pensioner.― In the event of death of a pensioner, the family pension to his/her widow/ widower shall be made under the same pension payment order under which the pensioner was drawing his pension. The pension disbursing authority shall start payment of family pension to the widow/widower on receipt of death certificate of the pensioner along with a simple request for the grant of family pension. If the widow/widower is not alive or eligible then the family pension shall be payable to the other eligible family member(s), who shall apply to the concerned pension disbursing authority by surrendering the pension payment order of the pensioner along with two copies of self photograph and the other necessary documents as required by the pension disbursing authority. The pension disbursing authority on receipt of such request shall forward the case to the Principal Accountant General (Accounts & Entitlement), Haryana for issue of fresh pension payment order. Such member shall also be entitled to receive the life time arrears of family pension, if any, without production of succession certificate. Where there is no next family member eligible for family pension, the payment of life time arrears shall be made as per nomination provided for death-cum-retirement gratuity otherwise on production of succession certificate.

55.

Family pension to judicially separated spouse.― (1)

Where a Government employee dies leaving behind a judicially separated husband or wife and no child or children, the family pension in respect of the deceased shall be payable to the person surviving: Provided that where in a case the judicial separation is granted on the ground of adultery and the death of the Government employee takes place during the period of such judicial separation, the family pension shall not be payable to the person surviving if such surviving person was held guilty of committing adultery.

(2)

Where a Government employee dies leaving behind a judicially separated husband or wife with a child or children, the family pension payable in respect of deceased shall be payable to the surviving person: Provided he or she is the guardian of such child or children:

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

56

Provided further that 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. Subject to the proviso to sub-rule (1), after the child(ren) cease(s) to be eligible for family pension under this rule, such family pension shall become payable to the surviving judicially separated spouse of the deceased Government employee till his or her death or remarriage, whichever is earlier. 56.

Family pension to post retiral spouse and children.― The post retiral spouse shall be entitled to family pension from the date following the date of death of the pensioner. Where the deceased pensioner is survived by a post retiral wife but has left behind eligible child(ren) from pre retiral spouse who is not alive, the eligible child(ren) shall be entitled to the share of family pension which the mother shall have received if she had been alive at the time of the death of the pensioner: Provided that when the share(s) of family pension payable to the eligible child of deceased wife or to post retiral wife ceases to be payable, such share(s) shall not lapse, but shall be transferred to the next eligible member. Where there is no such member, it shall be transferred in full to the post retiral wife or child of such deceased wife, as the case may be. Note.▬ After the ineligibility of post-retiral spouse, the post-retiral child(ren) shall be considered for family pension.

57.

Family pension to more widows than one in equal shares.― Where a deceased Government employee is survived by more than one widow if permissible under personal law, the family pension shall be payable to the widows in equal shares upto the date of eligibility. When one of them becomes ineligible for family pension, her share of the family pension shall become payable to her eligible child, if any: Provided that if any child of such widow is not eligible for family pension, the share of the family pension shall not lapse but shall be transferred to the other widow(s) in equal shares or if there is only one such other widow, in full, to her.

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Note 1.▬ The minimum ceiling of family pension shall not be applicable on the share of family pension admissible under this rule. Note 2.▬ The provision of this rule shall not be applicable to Hindu Government employee because any second marriage after the commencement of Marriage Law (Amendment) Act, 1976 during the lifetime of his first wife is a nullity and have no legal effect. Such second marriage cannot be valid on the ground of any custom. In fact, a custom opposed to an expressed provision of law is of no legal effect. So, the second wife shall not be entitled to the family pension as a legally wedded wife. 58.

Family pension in equal shares to widow and child from another wife.― Where a deceased Government employee is survived by a widow but has left behind eligible child(ren) from another wife, who is not alive, the eligible child(ren) shall be paid the share of family pension which the mother shall have received, if she had been alive at the time of the death of the Government employee: Provided that when the share of family pension payable to such a child or to a widow ceases to be payable, such share shall not lapse, but shall be payable to the other widow and/or to the other child or children otherwise eligible, in equal shares, or if there is only one widow or child, in full, to such widow or child. Note.▬ The minimum ceiling of family pension shall not be applicable on the share of family pension admissible under this rule.

59.

Family pension in equal shares to widow and child from a divorced wife.― Where the deceased Government employee or pensioner is survived by a widow but has left behind eligible child(ren) from a divorced wife or wives, the family pension shall be payable in equal share: Provided that when the share(s) of family pension payable to such a child or children or to widow ceases to be payable, such share, shall not lapse, but shall be payable to the other widow or widows and/or to the other child(ren) otherwise eligible, in equal shares, or if there is only one widow or child, in full, to such widow or child, and thereafter to the next eligible family member.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

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Note.▬ The minimum ceiling of family pension shall not be applicable on the share of family pension admissible under this rule. 60.

Family pension to the child of marriage invalid under marriage law (amendment) Act, 1976.― (1)

Notwithstanding that a marriage which is null and void under Section 11 of Marriage Law (Amendment) Act, 1976, but the child of such marriage, who have been legitimate if the marriage had been valid, shall be legitimate, whether or not─ (a)

a decree of nullity is granted in respect of that marriage under this act;

(b)

the marriage is held to be void otherwise than on a petition under this Act.

(2)

The right of such child is required to be protected and shall accrue after the date of ineligibility of legally wedded wife. The family pension shall be distributed equally among the eligible child of legally wedded wife and the eligible child cover under sub-rule (1): Provided that when the share(s) of family pension payable to a child ceases, such share shall not lapse but shall be payable to the next eligible child, if there is only one eligible child, in full, to such child, and thereafter to the next eligible family member.

Note.▬ No payment of death-cum-retirement gratuity, compassionate financial assistance, leave encashment etc. shall be made to the above said child of marriage invalided under Marriage Law (Amendment) Act, 1976 when the legally wedded wife is eligible for the same. 61.

Family pension to twin children.― 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 transferred to the other child and when both of them cease to be eligible, the family pension shall be payable to the next eligible single or twin children, as the case may be.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

62.

59

Family pension to minor child through natural or de facto guardian.― In the event of remarriage or death of the widow/widower, if the family pension is payable to the minor child under these rules, it shall be paid through their natural guardian, if any, otherwise through their de facto guardian on the production of indemnity bond, till the minor attains the age of 18 years. However, In disputed cases, payment shall be made through a legal guardian appointed by the Court of law. Note.▬ For specimen of indemnity bond See rule 65.

63.

Family pension to disabled children.― Where the family pension in respect of a deceased Government employee or pensioner is to be paid to a dependent disabled son or daughter (married or unmarried) who is suffering from any disorder or disability of mind or is physically crippled and is unable to earn a livelihood, it shall be regulated as under:(1)

Where a deceased Government employee is survived by two or more children and one child among them is suffering from disorder or disability of mind or who is physically crippled or disabled and is unable to earn a living, the family pension shall be initially payable to the one elder/eldest among physically fit children until he/she becomes ineligible for the same. Thereafter, family pension shall be paid to the next physically fit children up to the period of eligibility. When all physically fit children become ineligible for family pension, it shall be resumed in favour of the disabled child and shall be paid to him/her through the guardian as if he/she is a minor except in the case of the physically crippled son/daughter who has attained the age of majority.

(2)

Family pension shall be payable on production of medical certificate and subject to following conditions:(a)

he is incapable of earning his livelihood and was fully dependent upon the deceased Government employee/ pensioner;

(b)

person with impairment in functions of the body shall be examined by the board under the chairmanship of the civil

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

60

surgeons of the district. Board shall include the specialist according to the requirement. The Appellant medical board is at Post Graduate Institute of Medical Science, Rohtak. The persons residing in Chandigarh/Panchkula shall also be examined by the Disability Medical Boards of General Hospital, Sector 16, Chandigarh and Government Medical College & Hospital, Sector 32, Chandigarh with the appellant Medical Board at Post Graduate Institute of Medical Education and Research, Chandigarh. (c)

The medical certificate issued by the medical board is required once in the case of permanent mental or physical disability including mental retardation. Where the disability is temporary, medical certificate of the medical board is required once in every five years to the effect that he or she continues to suffer from disorder or disability of mind or continues to be physically crippled or disabled which shall be produced by the person or the guardian who is receiving family pension.

(d)

Impairment of more than forty per cent of any of the following kind shall be entitled for benefits. Disabilities broadly are of four types:-

(3)

(i)

Visual;

(ii)

Locomotors;

(iii)

Speech and hearing;

(iv)

Mental disorders.

In the case of mentally retarded child(ren), the family pension shall be payable to a person nominated by the deceased Government employee or pensioner.

Where no such nomination has been

furnished to the Head of office by him during his life-time, it shall be payable to the person nominated by the spouse of deceased Government employee later on. (4)

Dependent blind son/unmarried daughter shall be entitled to family pension upto the date of eligibility on production of medical certificate

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

61

of blindness from a medical board; provided it is evidenced by the medical certificate that the disability of blindness renders him/her incapable of earning. The family pension once sanctioned for dependent blind child shall─ (a)

be discontinued from the date when a blind son of 25 years or more subsequently is cured and becomes capable of earning or starts earning a living, whichever is the earlier.

(b)

remain continue, when a blind daughter is subsequently cured and becomes capable of earning until─ (i)

she starts earning a living; or

(ii)

gets married;

whichever is earlier. (5)

In case of more than one such child 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 shall 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 disabled twin children it shall be paid in equal shares; provided that when one such child ceases to be eligible his/her share shall be transferred 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 or twin children, as the case may be.

(6)

The family pension under these rules shall be admissible to the eligible disabled child(ren) whether born before or after retirement.

(7)

The person or the guardian who is receiving family pension shall furnish a certificate to the pension disbursing authority once in a year in the month of March that he or she has not started earning his or her livelihood.

(8)

Before sanctioning the family pension for life to any such person, the competent authority shall satisfy itself that the disability is of such a nature so as to prevent him from earning his livelihood and the same should be evidenced by a certificate obtained from a medical board

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

62

setting out, as far as possible, the exact mental or physically condition of the person. Note 1.▬ The competent authority to sanction family pension to dependent disabled child(ren) for life shall be the Head of Department or Appointing Authority, whichever is junior. Note 2.▬ Physically disabled dependent brother and sister, where eligible, shall be granted family pension subject to medical examination as laid down in this rule for physically disabled children. 64.

Family pension to mother or father of deceased Government employee or pensioner.― Where the family pension is payable to the dependent parent(s), in the first instance, it shall be payable to the mother and on her becoming ineligible it shall be payable to the father up to the date of death or ineligibility, whichever is the earlier. Where dependent parents are living separately, the family pension shall be paid to them in equal share.

65.

Family pension to the family of Government employee or pensioner who has disappeared.― (1)

Except as otherwise provided in these rules, the family pension to the eligible family member of a Government employee or pensioner who─ (a)

has suddenly disappeared and whose whereabouts are not known; or

(b)

is reported missing while on pilgrimage, tour, etc.; or

(c)

has been kidnapped by insurgents/terrorists;

shall be paid to the eligible family member after the─ (i)

cessation of compassionate financial assistance in case of disappearance of Government employee; or

(ii)

period of six months reckoned from the date of registration of the FIR with the Police Authorities in case of disappearance of a pensioner.

The arrear of compassionate financial assistance or family pension, as the case may be, shall be paid from the date of disappearance. The indemnity bond shall also be obtained from the family of disappeared Government employee or pensioner, as the case may be.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

(2)

63

A Government employee, against whom the departmental or judicial proceedings were instituted while in service or after his retirement, disappeared while drawing provisional or normal pension, the provision of this rule shall not be applicable. In such cases decision shall be taken after the conclusion of proceedings pending against the disappeared Government employee.

(3)

A Government employee or pensioner who disappears after committing fraud or crime, the family pension shall be sanctioned only on acquittal by the court of law or fully exoneration on conclusion of the departmental proceedings, as the case may be. The family pension, if admissible, shall accrue from a date after the cessation of compassionate financial assistance or pension, as the case may be.

Note.▬ The provision of enhanced family pension shall also be applicable to the families of disappeared Government employees. INDEMNITY BOND (See rule 40 and 65)

(to be furnished by the eligible family member in the case of missing pensioner/family pensioner) KNOW ALL MEN by these presents that we (a)1__________________________ (b)2____________________________ the widow/son/brother/nominee, etc., of (c)3____________________________ who has retired from the post of ___________________________ (Designation) in the ___________________ __________________________ department/office and who was in receipt of pension/family pension from _____________________ is reported to have been missing since _______________________ (hereinafter referred to as ‘missing pensioner/family pensioner’) resident of ________________________________ (hereinafter called “the Obligor”) and (d)4______________________________ 1

(a) (b) 3 (c) 4 (d) 2

Full name of the claimant referred to as the ‘Obligor’ State relationship of the ‘Obligor’ to the ‘missing pensioner/family pensioner’ Name of the 'missing Government pensioner/family pensioner’ Full name or names of the sureties with name or names of the father(s)/ husband(s) and place of residence.

64

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

(Son/wife/daughter) of Shri ________________________________ resident of ___________________________________ and ____________________ son/ wife/daughter of Shri______________________________________ resident of _______________________________________ the Sureties for and on behalf of the Obligor (hereinafter called “the Sureties”) are held firmly bound to the Governor of Haryana (hereinafter called “the Government”) in each and every sum being the arrear of pension/family pension and dearness relief thereon well and truly to be paid to the Government, on demand and without a demur together with simple interest at the rate prescribed by Government for General Provide Fund 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 pensioner/family pensioner receiving a pension/family pension of Rs. ______________ and dearness relief thereon 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 to the amount of arrears of pension/family pension due. AND WHEREAS the Obligor is entitled to family pension of Rs. _______ ________________ plus dearness relief 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 arrear of pension/family pension of the sum of Rs.____________________ ________________________ (in words) and monthly family pension plus dearness relief 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

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

65

amount so due to the aforesaid missing pensioner/family 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, the Obligor and/or the Surety/Sureties shall in the event of a claim being made, by any other person or the missing pensioner/family pensioner on appearance, against the Government with respect to the aforesaid sum of Rs.__________________________________ __________________ (in words) and the sums paid by the Government as aforesaid then refund to the Government the said sum of Rs.______________ _____________________________________ (in words) and each and every sum paid by Government as family pension together with simple interest equal to the rate of General Provident Fund and shall, otherwise, indemnify and keep the Government harmless and indemnified against and from all liabilities in respect of the aforesaid sums 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 Surety/ Sureties hereunder shall not be impaired or discharged by reason or 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 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. 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

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

66

1.

___________________________

2.

___________________________

Signed by the above named ‘Surety’/ ‘Sureties’ 1.

___________________________

2.

___________________________ Accepted for and on behalf of the Governor of Haryana by ____________________________________ (Name and designation of the officer directed or authorized to accept the Bond for and on behalf of the Governor of Haryana)

in the presence of 1.

________________________________.

2.

________________________________ (Name and designation of witness)

NOTE .▬ The Obligor as well as the Sureties shall have attained majority so that the bond may have legal effect or force. 66.

No recovery of commuted value or Government dues from family pension.― In case of death after retirement, no recovery of Government loss or any dues in respect of deceased pensioner shall be made from the family pension. Note.▬ For recovery of Government dues, Licence fee etc. at the time of retirement See Chapter 2 and 9 ibid.

**********

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67

Chapter - IX

Procedure relating to Pension 67.

High degree priority to pension cases.― Every pension sanctioning authority dealing with applications for pension under these rules shall always give a high degree priority to pension cases and they shall bear in mind that delay in the payment of pensions involves peculiar hardship. It is essential to ensure that a Government employee begins to receive his pension on the date on which it becomes due, therefore, the pension cases of all the Government employees on their retirement shall be sent direct to the Principal Accountant General (Accounts & Entitlement), Haryana by the pension sanctioning authority without obtaining any specific administrative approval from the next higher authority. However, the pension cases of Head of office and Head of Department shall be sent by the next higher authority.

68.

Preparation of list of Government employees due for retirement.― (1)

Every Head of Department/Head of office shall have a list prepared every six months, that is, on the 1st January and the 1st July each year of all Government employees who are due to retire within the next twenty four months of that date.

(2)

In the case of a Government employee retiring for reasons other than by way of attaining the age of superannuation, the pension sanctioning authority shall inform the Principal Accountant General (Accounts & Entitlement), Haryana of the fact of such retirement and shall forward his pension papers soon after the order of retirement.

(3)

When a Government employee retires from service, an office order shall be issued by 7th of the retiring month specifying the date of his retirement and a copy of every such office order shall be forwarded immediately to the Principal Accountant General (Accounts & Entitlement), Haryana.

69.

Stages of preparatory work for pension papers.― Every pension sanctioning authority shall undertake the work of preparation of pension papers in Form Pen-3 two years before the date on which a

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

68

Government employee is due to retire on superannuation.

The pension

sanctioning authority shall divide the period of preparatory work of two years in the following stages, namely :First Stage

Verification of service, emoluments and making good omission in the service book.

Second Stage

Obtaining

Form

Pen-2

from

the

Government employee concerned. Third Stage

No due certificates

Fourth Stage

Forwarding of pension papers to the Principal Accountant General (Accounts & Entitlement), Haryana.

70.

Verification of service & emoluments and making good omission in the service book.― (i)

The pension sanctioning authority shall, two years before the date of retirement, go through the service book of the Government employee and satisfy himself as to whether the certificates of verification for the entire service are recorded therein. In respect of the unverified portion(s) of service he shall arrange to verify the same with reference to pay bills or other relevant records and record necessary certificates in the service book.

(ii)

If the period of service which having been rendered by the Government employee in another office/department and is not capable of being verified in the manner specified in sub-clause (i), a reference shall be made to the pension sanctioning authority in which the Government employee is shown to have served during that period for the purpose of verification.

(iii)

The detail of service qualifying and non-qualifying for pension shall be sent to the Government employee.

If any portion of service is not

capable of being verified in the manner specified in sub-clause (i) or (ii), the Government employee concerned shall be informed in Form Pen10 and asked to give an undertaking in Form Pen-11 regarding period of unverified service if actually rendered by him. In support of authentic

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

69

proof available with him, he shall produce all documentary evidence and furnish all information which he can produce or furnish. (iv)

The pension sanctioning authority shall, after taking into consideration the facts in the written statement, the collateral evidence produced and the information furnished by that Government employee in support of the said period of service, after fully satisfying himself about the truth of the facts, admit that portion of service as having been rendered for the purpose of calculating the pension.

(v)

The pension sanctioning authority while scrutinizing the certificates of verification of service, shall also identify if there are still other omissions, imperfections or deficiencies which have a direct bearing on the length of service qualifying for pension, all efforts shall be made to make good of the same.

(vi)

Any omissions, imperfections or deficiencies including the portion of service shown as unverified in the service book where it has not been possible to verify in accordance with the procedure laid down in this rule shall be ignored and only service qualifying for pension shall be determined on the basis of the entries in the service book.

(vii) In order to ensure that the emoluments have been correctly shown in the service book, the pension sanctioning authority shall verify the correctness of last fixation of pay preceding the date of retirement of a Government employee. 71.

Obtaining of Form Pen-2 from the Government employee concerned.― After the verification of service and emoluments, the pension sanctioning authority shall ask the Government employee to submit Form Pen-2 (in duplicate) completed in all respects not later than one year prior to the date of his retirement.

72.

No due certificate in respect of Government accommodation.― (A)

Steps to be taken by pension sanctioning authority─ (1)

The pension sanctioning authority shall write to the Accounts Officer (Rent)/Rent Assessing Authority at least nine months

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70

before the date of retirement of the Government employee who is in occupation of a Government accommodation (hereinafter referred to as allottee) for the issue of a "No due certificate" in respect of the period preceding eight months of the retirement of the allottee. (2)

Where the Accounts Officer (Rent)/Rent Assessing Authority intimates the amount of licence fee recoverable in respect of period mentioned in sub-rule (1), the pension sanctioning authority shall ensure that outstanding licence fee is recovered in installments 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 the payment is authorised.

(3)

The pension sanctioning authority shall also 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)

If in any particular case, it is not possible for the Accounts Officer (Rent)/Rent Assessing Authority to determine the outstanding licence fee, in such case pension sanctioning authority may withheld ten percent of the death-cum-retirement gratuity or fifty thousand rupees, whichever is less, pending receipt of the further information.

(B)

Steps to be taken by Rent Assessing Authority─ (1)

On receipt of the intimation under sub-rule (A) (1), the Accounts Officer (Rent)/Rent Assessing Authority shall scrutinise its record and inform the pension sanctioning authority 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 pension sanctioning authority by the stipulated date, it shall be presumed that no licence fee was recoverable from the allottee in respect of the period preceding eight months of his retirement.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

(2)

71

The Accounts Officer (Rent)/Rent Assessing Authority shall also inform the pension sanctioning authority the amount of licence fee for the retention of

Government

accommodation for the

permissible period of six months beyond the date of retirement of the allottee. (3)

The recovery of licence fee for the occupation of the Government accommodation beyond the permissible period of six months after the date of retirement of the allottee shall be the responsibility of the Accounts Officer (Rent)/Rent Assessing Authority.

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 accommodation or its fittings. 73.

Assessment of Government dues and recovery thereof.― (1)

For the dues other than the dues pertaining to occupation of Government accommodation, the pension sanctioning authority shall take steps to assess the dues one year before the date on which a Government employee is due to retire on superannuation, or on the date on which he proceeds on leave preparatory to retirement, whichever is earlier.

(2)

The assessment of Government dues referred to in sub-rule (1) shall be completed by the pension sanctioning authority eight months prior to the date of the retirement of the Government employee.

(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 employee shall be adjusted against the amount of death-cum-retirement gratuity becoming payable to the Government employee on his retirement.

(4)

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 loan and

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

72

advance, overpayment of pay and allowances or leave salary and arrears of income tax deduction at source under the Income Tax Act, 1961 (43 of 1961). Note.▬ Where incomplete pension cases and/or without no due certificate of loan and advance(s), if any, are sent to the Principal Accountant General Haryana (Accounts & Entitlement), the pension sanctioning authority concerned shall be made responsible for initiating disciplinary action against him. 74.

Preparation and forwarding of pension papers in case of retirement or death while on deputation or foreign service.― Action for preparation and forwarding of pension papers in accordance with the provisions of these rules shall be taken by the pension sanctioning authority of the─ (1)

parent department, in case of retirement or death of a Government employee while on foreign service;

(2)

department in which he was last working, in case of retirement or death of a Government employee while on deputation in any department of Haryana Government; and

(3)

Government/department to which he belongs at that time, in case of retirement or death while on deputation in a department other than of Haryana Government.

75.

Forwarding of pension papers to the Principal Accountant General (A&E).― (1)

The pension sanctioning authority shall complete Form Pen- 3 prior to the date of retirement of the Government employee and after completion shall forward, not later than one year before the date of retirement of Government employee, to the Principal Accountant General (Accounts & Entitlement), Haryana in Form Pen-4 alongwith the following documents :-

1.

Form Pen-1, Pen-2 and Pen-3 duly completed.

2.

Medical certificate of incapacity (if the claim is for invalid pension).

3.

Copy of order of retirement or death certificate in case of death while in service

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

4.

Last Pay Certificate generated from e-salary system duly signed by DDO.

5.

Statement of qualifying and non-qualifying service with reference to entries of verification made in service book.

6.

Calculation sheet of pension, commutation of pension, death-cumretirement gratuity and family pension (normal and enhanced).

7.

Service book complete in all respects (date of retirement to be indicated in the service book).

8.

Certificate regarding no judicial or departmental proceedings are pending at the time of retirement.

9.

Clearance certificate from Vigilance Department, in case of Group A and B Government employees.

10.

Brief statement regarding re-instatement of the Government employee in case he has been re-instated after having been suspended, compulsorily retired, removed or dismissed from service.

11.

Four copies of passport size photograph with and without spouse duly attested by the Head of Office or any other Gazetted Officer authorized by him.

12.

Two slips of three specimen signatures or thumb impressions of Government employee and spouse, duly attested by Head of Office or any other Gazetted Officer authorized by him.

13.

Photo copy of Aadhar Card of Government employee and family member(s) eligible for family pension, if any.

14.

Undertaking regarding refund of excess payment of pension, commutation of pension and gratuity, if found at a later stage. (to be submitted by the retiring Government employee)

15.

Undertaking regarding adjustment of long term loans and advances and rent of Government accommodation. (to be submitted by the retiring Government employee)

16.

Option for Medical Allowance. (to be submitted by the retiring Government employee)

73

Note.▬ The pension sanctioning authority shall retain a copy of each of the forms referred above for its record. (2)

Where the payment of pensionary benefits is desired from an accounting circle other than that of Principal Accountant General, Haryana, the pension sanctioning authority shall send Form Pen-4 in duplicate to the Principal Accountant General (Accounts & Entitlement), Haryana.

(3)

The pension sanctioning authority shall supply a certified copy of the calculation sheet of pension, commutation of pension, death-cumretirement gratuity and family pension (normal and enhanced) to the Government employee after submission of pension case to the Principal Accountant General (Accounts & Entitlement), Haryana.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

74

(4)

The pension sanctioning authority after ascertaining and assessing the Government dues as in rule 73, shall furnish the particulars thereof to the Principal Accountant General (Accounts & Entitlement), Haryana at least two months before the date of retirement of the Government employee so that the dues are recovered out of the gratuity before its payment is authorised.

76.

Intimation of any event which occurs after forwarding pension papers.― (1)

After forwarding the pension papers to the Principal Accountant General (Accounts & Entitlement), Haryana, If any event occurs which has a bearing on the amount of pension admissible, the facts shall be reported to the Principal Accountant General (Accounts & Entitlement), Haryana, by the pension sanctioning authority.

(2)

If, after the particulars of Government dues have been intimated to the Principal Accountant General (Accounts & Entitlement), Haryana, any additional Government dues come to the notice of the pension sanctioning authority, such dues shall be reported to the Principal Accountant General (Accounts & Entitlement), Haryana. He shall also record these additional dues in the last pay certificate.

77.

Authorization of pension and gratuity by Principal Accountant General (A&E), Haryana.― (1)

(a)

On receipt of pension papers, the Principal Accountant General (Accounts & Entitlement), Haryana shall apply the requisite checks 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 employee if the pension is payable in his circle of accounting unit.

(b)

If the pension is payable in another circle of accounting unit, the Principal Accountant General (Accounts & Entitlement), Haryana shall send the pension payment order alongwith a copy of Form Pen-3 to the Principal Accountant General

(Accounts &

Entitlement) of that unit for arranging payment. (2)

The payment of the amount of gratuity to the retired Government employee as determined by the Principal Accountant General (Accounts

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

75

& Entitlement), Haryana under clause (a) of sub-rule (1) shall be authorised at a treasury after adjusting the Government dues, if any. (3)

The amount of gratuity withheld against the outstanding licence fee intimated by the Accounts Officer (Rent)/Rent Assessing Authority and any other balance amount of the gratuity, if any, shall, on the recommendation of pension sanctioning authority, be authorised by the Principal Accountant General (Accounts & Entitlement), Haryana to the retired Government employee.

78.

Refixation of pension.― (1)

Subject to the provision as laid down in rule 10 and 12, and also with the approval of the Finance Department, the pension once authorised shall not be refixed to the disadvantage of the Government employee, unless such refixation becomes necessary on account of─ (a)

detection of a clerical error subsequently;

(b)

refixation of pay at lower stage with retrospective effect: Provided that no refixation of pension to the disadvantage of the pensioner shall be ordered by the pension sanctioning authority after a period of five years from the date of authorisation.

(2)

Where the pension is refixed under (a) or (b) above, the pensioner concerned shall be served with a notice by the pension sanctioning authority, by registered post, for refixation of pension and the pensioner shall send his reply within two months from the date of receipt of notice. In case the pensioner fails to comply with the notice, the pension sanctioning authority shall, send the case to the Principal Accountant General (Accounts & Entitlement), Haryana for refixation of pension and revised pension payment order.

79.

Interest on delayed payment of pension and death-cum-retirement gratuity.― (1)

No interest shall be payable if the payment of pension and/or deathcum-retirement gratuity of superannuation retirement have been authorized within three months and in other kind of retirement within six months from the date of retirement or from the date the procedure laid down in this chapter is complied with by the retiring Government

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

76

employee/family of deceased Government employee, whichever is later. Where the pensionary benefits are authorised after the prescribed period and the delay in authorization was attributable to administrative lapse, simple interest as of General Provident Fund beyond the prescribed period shall be paid. However, no interest shall be paid where the delay in authorization has been caused due to failure on the part of the retiring Government employee or the family of deceased or disappeared Government employee to comply with the procedure laid down in this chapter. (2)

Every case of delayed authorization of pension and/or death-cumretirement

gratuity

shall

be

considered

by

the

Administrative

Department. Where the Head of Department is satisfied that the delay in the authorization of pension and/or death-cum-retirement gratuity was caused on account of administrative lapse, he shall make a recommendation to the Administrative Department for the payment of interest. (3)

If the recommendation of the Department made under sub-rule (2) is accepted by the Administrative Department, it shall issue Governor's sanction for the payment of interest.

(4)

In all cases where the payment of interest has been authorised by the Administrative Department, the department concerned shall fix the responsibility

and

initiate

disciplinary

proceedings

against

the

Government employee(s) concerned who are found responsible for the delay in the authorization of pensionary benefits. The expenditure of interest shall be recovered from the erring Government employee(s). (5)

No interest on the arrears of pensionary benefits shall be paid, if the pensionary benefits are revised retrospectively as a result of Government's decision taken subsequent to the retirement of a Government employee on account of─ (a)

grant of emoluments higher than the emoluments on which pensionary benefits, already paid, were determined; or

(b)

liberalisation in the provisions of these rules from a date prior to the date of retirement of the Government employee concerned.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

(6)

Where

the

Government

employee

against

whom

77

disciplinary

proceedings are pending at the time of retirement and─ (i)

he is clearly exonerated and steered clear of all the charges during the process of disciplinary proceedings and proved innocent, the pension and death-cum-retirement gratuity due to him shall be paid alongwith interest as per provisions laid down in sub-rule (1).

(ii)

he is held guilty, partially or fully, of the charges leveled against him, or the same are dropped on account of lack of evidence, i.e. he is not proved innocent, or disciplinary proceedings are dropped only on the grounds that the Government employee has retired, no interest shall be payable on the pension and death-cumretirement gratuity if the same have been authorized within three months from the date of final decision on the disciplinary proceedings.

In case of delay, interest shall be regulated as per

provision laid down in sub-rule (1) for the delayed period. Note.▬ Where punishment awarded by the punishing authority is set aside by the Court of law due to lack of evidence or by giving the benefit of doubt, in such cases the interest on delayed payment of pensionary benefits shall not be admissible. 80.

Grant of provisional pension where disciplinary proceedings are not pending.― (1)

The various stages of action laid down in rules of this chapter shall be strictly followed by the pension sanctioning authority. There shall be an isolated case where, in spite of following the procedure laid down in rule 69, it shall not be possible for him to forward the pension papers referred to in rule 75 to the Principal Accountant General (Accounts & Entitlement), Haryana not later than six months before the date of retirement or where the pension papers have been forwarded to the Principal Accountant General (Accounts & Entitlement), Haryana within the prescribed period but the Principal Accountant General (Accounts & Entitlement), Haryana may have returned the pension papers to the pension sanctioning authority for eliciting other information before issue of pension payment order and order for the payment of gratuity. If the

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

78

pension sanctioning authority in such a case is of the opinion that the Government employee is likely to retire before his pension and gratuity or both shall be finally assessed and settled in accordance with the provisions of these rules, he shall, without delay, take steps to determine the period of qualifying service and the emoluments qualifying for pension after the most careful summary investigations that may be made. For this purpose he shall─ (i)

rely upon such information as may be available in the official records, and

(ii)

ask the retiring Government employee to file an undertaking on plain paper stating the total length of qualifying service but excluding the breaks and other non-qualifying periods of service.

(2)

The Government employees while furnishing the undertaking as in clause (ii) of sub-rule (1) shall, at the foot of the statement, make a declaration as to the truth of the statement.

(3)

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 official record and the information obtained from the retiring Government employee under subrule (1). He shall, then, determine the amount of provisional pension and amount of provisional death-cum-retirement-gratuity.

(4)

After the amount of pension and gratuity has been determined under sub-rule (3), the pension sanctioning authority shall take further action as follows:(a)

he shall issue a sanction letter and endorse a copy thereof to the Principal Accountant General (Accounts & Entitlement), Haryana for authorising payment at a treasury of the following:(i)

100% pension as determined under sub-rule (3) as provisional pension for a period not exceeding six months to be reckoned from the date of retirement of the Government employee; and

(ii)

100% of gratuity as provisional gratuity determined under sub-rule (3) after deducting therefrom the Government dues;

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

(b)

79

he shall indicate in the sanction letter, the amount of Government dues recoverable from the gratuity.

(5)

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 the records.

(6)

(a)

The payment of provisional pension shall not continue beyond the period of six months from the date of retirement of Government employee. If the amount of final pension and the amount of final gratuity had been determined by the pension sanctioning authority in consultation with the Principal Accountant General (Accounts & Entitlement), Haryana before the expiry of the said period of six months,

the

Principal

Accountant

General

(Accounts

&

Entitlement), Haryana shall― (i)

issue the pension payment order; and

(ii)

authorise the difference between the final amount of gratuity and the amount of provisional gratuity paid under sub-clause (ii) of clause (a) of sub-rule (4) after adjusting the Government dues, if any, which may have come to notice after the payment of provisional gratuity. If the Government employee was an allottee of Government accommodation, the amount of gratuity withheld, if any, shall be refunded on receipt of no demand certificate from the Accounts Officer (Rent)/Rent Assessing Authority.

(b)

If the amount of provisional pension disbursed to a Government employee under sub-rule (4) is, on its final assessment, found to be in excess of the final pension assessed by Accountant General, Haryana, it shall be open to the Principal Accountant General (Accounts & Entitlement), Haryana to adjust the excess amount of pension out of gratuity withheld, if any, or recover the excess amount of pension in installments by making short payments of pension payable in future.

(c)

(i)

If the amount of provisional gratuity authorised by the pension sanctioning authority under sub-rule (4) is larger than the amount finally assessed, the retired Government

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

80

employee shall not be required to refund excess amount actually disbursed to him. (ii)

The pension sanctioning authority shall ensure that chances of authorising the amount of gratuity in excess of the amount finally assessed are minimised and the official responsible for the excess payment shall be accountable for the overpayment.

(7)

If the final amount of pension and gratuity have not been determined by the pension sanctioning authority in consultation with the Principal Accountant General (Accounts & Entitlement), Haryana within a period of six months referred to in clause (a) of sub-rule (6) the Principal Accountant General (Accounts & Entitlement), Haryana shall treat the provisional pension and gratuity as final and issue pension payment order immediately on the expiry of the period of six months.

81.

Provisional pension where proceedings are pending at the time of retirement.― (1)

(a)

In respect of a Government employee against whom departmental or judicial proceedings are pending at the time of retirement, the Principal Accountant General (Accounts & Entitlement), Haryana shall authorize the provisional pension equal to the maximum pension which shall have been admissible on the basis of qualifying service up to the date of retirement of the Government employee, or if he was under suspension on the date of retirement, upto the date of immediately preceding the date on which he was placed under suspension.

(b)

The provisional pension shall be authorised by the Principal Accountant General (Accounts & Entitlement), Haryana during the period commencing from the date of retirement up to and including the date on which, after the concluding of departmental or judicial proceedings. Final orders are passed by the competent authority.

(c)

No gratuity and commuted value of pension shall be authorised to the

Government

employee

until

the

conclusion

of

the

departmental or judicial proceedings and issue of final orders thereon.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

81

Note.▬ This provision shall also be applicable where─ (i)

the departmental proceedings under Rule 8 of Haryana Civil Services (Punishment & Appeal) Rules, 2016 involving any financial loss to Government are pending at the time of retirement.

(ii)

any complaint against the Government employee pertaining to his dishonesty is pending in State Vigilance Bureau, Lok Ayukat or in any Government Investigation Agency at the time of retirement.

(2)

Payment of provisional pension made under sub-rule (1) (a) shall be adjusted against final pensionary benefits sanctioned to such Government employee 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.

Note.▬ Where any complaint against a Government employee is pending in the office of Lokayukat Haryana shall be given pensionary benefits after consultation with the Lokayukat. 82.

Procedure for sanction of pensionary benefits to the family of deceased Government employee.― (A)

Procedure for sanction of death gratuity to nominee.▬

(1)

Where the Head of office/Pension sanctioning authority has received an intimation about the death of Government employee while in service, he shall

ascertain

whether

any

death-cum-retirement

gratuity,

compassionate financial assistance, family pension, is/are payable to the family of deceased Government employee subordinate to him. (2)

(a)

Where the family of the deceased Government employee is eligible for death-cum-retirement gratuity under these rules, the pension sanctioning authority shall ascertain whether the deceased Government employee had─ (i)

nominated any person(s) to receive the gratuity ; or

(ii)

not made any nomination or the nomination made does not subsist, the person(s) to whom the gratuity shall be payable.

(b)

The pension sanctioning authority shall intimate to the person(s) concerned in Form Pen-5 for making a claim for death-cumretirement gratuity in Form Pen-6.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

82

(3)

If on the date of death, the Government employee was occupying the Government accommodation, the pension sanctioning authority shall address the Accounts Officer (Rent)/Rent Assessing Authority for the issue of ‘No Due Certificate’ in accordance with the provisions of rule 84.

(B)

Procedure for sanction of family pension.▬

In case of death while in service, where the family of the deceased Government employee is eligible for family pension after the cessation of entitlement of compassionate financial assistance under these rules─ (a)

the pension sanctioning authority shall, six months before the cessation of compassionate financial assistance, intimate to the widow/widower or other eligible family member in Form Pen-7 for making a claim for family pension in Form Pen-8;

(b)

where the eligible family member of the deceased Government employee is below the age of 18 years, the guardian of such eligible family member shall submit a claim in Form Pen-8.

83.

Steps to be taken by pension sanctioning authority in case of death of a Government employee.― (1)

After obtaining the claim(s) from the family in accordance with the provisions of sub-rule (A) and (B) of rule 82, the pension sanctioning authority shall undertake the completion of Form Pen-6 for sanction of death-cum-retirement gratuity and Form Pen-8 for family pension. The work for sanction of death-cum-retirement gratuity shall be completed within one month of the date on which intimation regarding the date of death of the Government employee has been received.

(2)

The pension sanctioning authority shall take steps to ascertain the Government dues, if any, other than the dues pertaining to the Government

accommodation

recoverable

from

the

deceased

Government employee. Such ascertained dues shall be recovered from the amount of death-cum-retirement-gratuity payable to the family of the deceased Government employee. (3)

The pension sanctioning authority shall draw the attention of the Principal Accountant General (Accounts & Entitlement), Haryana to the

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

83

details of Government dues outstanding against the deceased Government employee, namely:─ (a)

Government dues pertaining to Government accommodation, if any, recoverable out of the gratuity before payment is authorised;

(b)

amount of death gratuity to be withheld partly as a margin for adjustment of Government dues which have not been assessed so far;

(c)

the maximum amount of death gratuity to be withheld for the purpose of clause (b) shall be limited to ten percent of the amount of gratuity in addition to the amount of Government dues already assessed.

(4)

The pension sanctioning authority shall send

Form Pen-6 to the

Principal Accountant General (Accounts & Entitlement), Haryana with a covering letter in Form Pen-9 alongwith the Government employee's service book duly completed up-to-date and any other documents relied upon for the verification of service and recovery from death gratuity. (5)

The pension sanctioning authority shall retain one copy of the Form Pen-6 for his office record. If the payment is desired in other State or accounting circle, Form Pen-6 shall be sent in duplicate to the Principal Accountant General (Accounts & Entitlement), Haryana.

84.

Action to be taken for no due certificate if deceased was occupying the Government accommodation.― (i)

If

Government

employee

was

occupying

the

Government

accommodation on the date of death, the pension sanctioning authority on receipt of intimation regarding the death of the Government employee shall within seven days of the receipt of such intimation write to the Accounts Officer (Rent)/Rent Assessing Authority for the issue of ‘No Due Certificate’ so that authorization of death-gratuity is not delayed. While addressing the Accounts Officer (Rent)/Rent Assessing Authority for the issue of no due certificate, the pension sanctioning authority shall also supply the following information in duplicate (one copy marked to the rent wing and the second to the allotment wing) :(a)

name of the deceased Government employee with designation;

(b)

particulars of the accommodation (House No., type etc);

84

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

(c)

date of death of Government employee;

(d)

whether the Government employee was on leave at the time of his death and, if so, the period and nature of leave;

(e)

whether the Government employee was enjoying rent free accommodation;

(f)

the period up to which licence fee has been recovered from the pay and allowances of the deceased Government employee and the monthly rent of recovery and particulars of pay bill under which last recovery was made;

(g)

if the licence fee had not been recovered up to the date of death and the family intends to retain Government accommodation for the permissible period, as prescribed from time to time, from the date of death of the Government employee at the normal rate of licence fee, the amount of licence fee outstanding against the deceased employee shall be recovered from the amount of deathgratuity. (ii)

The recovery of licence fee for the occupation of Government accommodation beyond the permissible period of twelve months shall be the responsibility of the Accounts Officer (Rent)/Rent Assessing Authority.

(iii)

The Accounts Officer (Rent)/Rent Assessing Authority shall scrutinize their records with a view to determine if licence fee

was

outstanding

against

deceased

Government

employee. If any recovery is found, the amount and the period to which such recovery or recoveries relate shall be communicated to the pension sanctioning authority within a period of three months of the receipt of intimation regarding the death of the Government employee. (iv)

Pending receipt of information under clause (iii) the pension sanctioning authority shall withhold ten percent of the death gratuity amount or fifty thousand rupees, whichever is less.

(v)

If no intimation regarding recovery of licence fee is received

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

85

by the pension sanctioning authority from the Accounts Officer (Rent)/Rent Assessing Authority within the period prescribed above, it shall be presumed that nothing was recoverable from the deceased Government employee and the amount of death gratuity withheld shall be paid to the person(s) to whom the amount of death-gratuity was paid. If any lapses come to the notice later on the Accounts Officer (Rent)/Rent Assessing Authority shall be responsible for the same. (vi)

If the pension sanctioning authority has received intimation from the Accounts Officer (Rent)/Rent Assessing Authority under clause (iv) regarding licence fee outstanding against the

deceased

Government

employee,

the

pension

sanctioning authority shall verify from the pay bill if the outstanding amount of licence fee was recovered from the pay

and

allowances

of

the

deceased

Government

employee. If as a result of verification, it is found that the amount of licence fee shown as outstanding by the Accounts Officer (Rent)/Rent Assessing Authority had already been recovered, the pension sanctioning authority shall draw the attention of the Accounts Officer (Rent)/Rent Assessing Authority to the pay bills under which the necessary recovery of the licence fee was made and shall take steps to sanction the balance amount of death gratuity with-held under clause (iv) to the person(s) persons to whom the death gratuity was paid earlier subject to condition that no Government dues other than licence fee is recoverable. (vii) If the outstanding amount of licence fee was not recovered from the pay and allowances of deceased Government employee the outstanding amount shall be adjusted against the amount of the gratuity withheld under clause (iv) and the balance, if any, be repaid to the person(s) to whom the amount of death-gratuity was paid.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

86

85.

Verification of service and emoluments of deceased Government employee for death-cum-retirement gratuity.― (a)

The pension sanctioning authority shall go through the service book of the deceased Government employee and satisfy himself as to whether certificates of verification of the service for the entire service are recorded therein.

(b)

If there are any periods of unverified service, the pension sanctioning authority shall accept the unverified portion of service as verified on the basis of the available entries in the service book. For this purpose, the pension sanctioning authority shall rely on any other relevant material to which he shall have ready access while accepting the unverified portion of service, the pension sanctioning authority shall ensure that service was continuous and was not forfeited on account of dismissal, removal, and resignation from service or otherwise.

(c)

The period of qualifying service shall be determined with reference to entries of service verification in the service book. 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 pension sanctioning authority to accept the unverified portion of service as verified on the basis of entries in the service book, the pension sanctioning authority shall confine only to the verified period of service.

(d)

For the purpose of determination of emoluments for death-cumretirement gratuity, the pension sanctioning authority shall confine the verification of correctness of emoluments for a maximum period of one year preceding the date of death of the Government employee.

(e)

In case the Government employee 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 commencement of extraordinary leave shall be verified.

Note.▬ 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 employee and the amount of family pension and death-cum-retirement gratuity shall also be calculated accordingly.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

86.

87

Payment of provisional death gratuity when service record is incomplete.― (1)

Where the deceased Government employee had rendered more than twenty-four 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, the family of the deceased Government employee shall be allowed on the provisional basis, the death-cumretirement gratuity equal to twelve months emoluments.

(2)

Final amount of the death gratuity shall be determined under sub-rule (2) of rule 40 ibid by the pension sanctioning authority on the acceptance and verification of the entire spell of service which shall be done by the pension sanctioning authority 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 the death-cum-retirement gratuity shall then be authorised to the beneficiaries.

87.

Verification of service and emoluments for family pension.― (1)

If the deceased Government employee on the date of death had rendered more than─ (i)

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 pension sanctioning authority and the amount of family pension determined under rule 48;

(ii)

seven years of service, the service for the last seven years and emoluments drawn in the last year shall be verified and accepted by the Pension sanctioning authority and the amount of enhanced family pension and the period for which it is payable shall be determined in accordance with the provision of sub-rule (2) of rule 49;

(iii)

seven years of service and the service of last seven years is not capable of being verified and accepted by the pension sanctioning authority but the service rendered during the last year is capable of being verified and accepted, the pension sanctioning authority, pending the verification of service for seven years, shall calculate

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

88

the amount of family pension in accordance with the provision of rule 48. (2)

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 rates and the period for which it is payable shall be determined in accordance with the provision of sub-rule (2) of rule 49.

(3)

The determination of the amount of family pension in accordance with the provisions of sub-clauses (1)(i), (ii) and (iii) shall be done within one month of the receipt of intimation of the date of death of the Government employee.

88.

Steps to be taken by the Principal Accountant General (A&E), Haryana for death gratuity and family pension.― (1)

On receipt of the pension papers sent by the pension sanctioning authority, the Principal Accountant General (Accounts & Entitlement), Haryana shall, within a period of two months from the date of receipt of the documents, apply the requisite checks and assess the amount of family pension and death gratuity: Provided that if the Principal Accountant General (Accounts & Entitlement), Haryana is, for any reason unable to assess the final amount within the aforesaid period, he shall authorize the provisional family pension to the claimant for such period as may be required by him.

(2)

(a)

If the family pension is payable in his accounting circle, the Principal Accountant General (Accounts & Entitlement), Haryana shall issue the family pension payment order. If the final family pension including the arrears of the provisional family pension is payable in another accounting circle, the Principal Accountant General (Accounts & Entitlement), Haryana shall send the pension payment order together with the copy of Form Pen-8 duly completed to the Principal Accountant General of that accounting circle for arranging payment.

(b)

the payment of family pension shall be effective from the date following the date on which the payment of compassionate financial assistance ceased.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

(c)

89

arrears of family pension, if any, in respect of the period for which provisional family pension was sanctioned by the pension sanctioning authority shall also be authorised by the Principal Accountant General (Accounts & Entitlement), Haryana.

(3)

The Principal Accountant General (Accounts & Entitlement), Haryana shall determine and authorize payment of the amount of the balance of death gratuity after adjusting the amount, if any, outstanding against the deceased Government employee.

(4)

The fact of the issue of the pension payment order shall be reported to the pension sanctioning authority by the Principal Accountant General (Accounts & Entitlement), Haryana and the documents which are no longer required shall also be returned to the pension sanctioning authority.

89.

Action for payment of death-cum-retirement gratuity in case of death while on deputation or foreign service.― In case of death of a Government employee while on deputation in other Government or foreign service, the action to authorize the payments of deathgratuity and family pension in accordance with the provisions of this chapter shall be taken by the authority of parent department, which sanctioned the deputation or foreign service.

**********

90

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

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91

Chapter - X

Payment of Pensions 90.

Date of commencement of pension.― Subject to entitlement under these rules, pension shall become payable from the day following the day of retirement, and Family pension, in case of death while in service, shall become payable after the cessation of compassionate financial assistance whereas in case of death of a pensioner, it shall become payable from the day following the day of death of the pensioner.

91.

Authorization of pension/family pension.― (1)

The Principal Accountant General (Accounts & Entitlement), Haryana shall communicate the authorization of pension/family pension to the:(a)

District Treasury Officer in whose jurisdiction the payment of pension/family pension is to be made;

(2)

(b)

Pension sanctioning authority; and

(c)

Pensioner or family pensioner, as the case may be.

In the case of a pension such authorization shall be a pension payment order in Form Pen-16; and in the case of family pension the same will be a family pension payment order in Form Pen-17.

92.

Lapses and forfeiture of pension/family pension and death-cum-retirement gratuity.― (1)

Unless the Government by general or special order otherwise directs, monthly pension/family pension not drawn for a period of one year or more shall cease to be payable by the disbursing officer.

If the pensioner

afterwards appears or a claim is presented on his behalf, the Disbursing Officer may allow the pension and the arrear shall be allowed by him if the claim is presented within one year of ceasing of pension. However, if the claim for arrear is presented after─ (i)

one year but before three years the arrear shall be paid with the sanction of pension sanctioning authority;

(ii)

three years or more the arrear shall be paid with the sanction of Head of Department;

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

92

through Principal Accountant General (Accounts & Entitlement), Haryana. (2)

Death-cum-retirement gratuity and/or commutation payment order shall lapse if not drawn within a period of one year from the date of authorization. If the claim for death-cum-retirement gratuity and/or commutation of pension is presented after one year it shall be revalidated by the Principal Accountant General (Accounts & Entitlement), Haryana on the recommendation of pension sanctioning authority.

93.

Payment of gratuity and commuted value of pension.― On authorization from the Principal Accountant General (Accounts & Entitlement), Haryana, the amount of death-cum-retirement-gratuity and commuted value of pension will be paid separately in lump sum, and not by installments.

94.

In case of death of pensioner payment of arrears to the legal heirs.― (a)

On the death of a pensioner, payment of any arrears due may be made to his legal heirs: provided that they apply within one year of his death. It cannot be paid thereafter without the sanction of pension sanctioning authority through the Principal Accountant General (Accounts & Entitlement), Haryana.

(b)

After the payment of arrears in respect of deceased pensioner, copy of pension payment order shall be returned to the Principal Accountant General (Accounts & Entitlement), Haryana with a report of the date of death of the pensioner.

**********

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

93

Chapter - XI

Commutation of Pensions 95.

Entitlement of commutation of pension.― (1)

Subject to the provisions in these rules, a Government employee, on retirement from service, who is entitled to pension may opt for commutation for a lump sum payment of a fraction not exceeding 40% (forty percent) of his pension, however, in the case of Judicial Officers, the commutation of pension shall be permissible upto 50% of pension. Provided that the Government employee invalided from service or retained in service under Section 47 of the persons with disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 shall not be entitled to commutation of pension without medical examination from the medical board.

(2)

The commutation of pension shall be subject to reduction in the amount of pension for a period of 15 years or upto the recovery of commuted value with interest at the rate of, whichever is later. Thereafter, the commuted portion of pension shall be restored.

(3)

A Government employee or a pensioner against whom any departmental or judicial proceedings have been instituted or continued after retirement, shall not be allowed to commute any part of his pension during the pendency of such proceedings.

(4)

The fraction of rupee, if any, for the purpose of portion of pension to be commuted, shall be rounded to next higher rupee.

Note.▬ A commutation of compassionate allowance may be sanctioned by the competent authority only on the proof that the proceeds of the commutation will be invested for the permanent benefit of the commuter’s family. 96.

Calculation of amount of commutation of pension.― The lump sum payable on commutation shall be calculated based upon the commutation factor corresponding to the age on next birth day as per commutation table given below or as amended from time to time by the competent authority :-

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

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Commutation Table Age on next birth day

Commutation factor

Age on next birth day

Commutation factor

26

9.182

49

8.881

27

9.180

50

8.846

28

9.178

51

8.808

29

9.176

52

8.768

30

9.173

53

8.724

31

9.169

54

8.678

32

9.164

55

8.627

33

9.159

56

8.572

34

9.152

57

8.512

35

9.145

58

8.446

36

9.136

59

8.371

37

9.126

60

8.287

38

9.116

61

8.194

39

9.103

62

8.093

40

9.090

63

7.982

41

9.075

64

7.862

42

9.059

65

7.731

43

9.040

66

7.591

44

9.019

67

7.431

45

8.996

68

7.262

46

8.971

69

7.083

47

8.943

70

6.897

48

8.913

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

95

Illustration : Mr. ‘A’

Mr. ‘B’

Pension sanctioned

Rs. 10,000/- p.m.

16,000/- p.m.

Fraction of pension to be commuted

40% of pension

40% of pension

(i.e. Rs. 4,000/-)

(i.e. Rs. 6,400/-)

Age on next birthday

59 yrs.

61 yrs.

Commutation factor

8.371

8.194

Commuted value of pension

4,000 x 8.371 x 12 =

6,400 x 8.194 x 12 =

Rs. 4,01,808/-

Rs. 6,29,300/-

Explanation.▬ Where the pension and/or commutation of pension is authorized after one year of the date of retirement, on whatsoever reason, the commutation factor shall be applicable corresponding to the age on next birth day on the date of application. 97.

Submission of application for commutation of pension.― (1)

For commutation of pension the application shall be submitted to the Head of office within six months before or within one year after the date of retirement in Form Pen-2 by the applicant in which any fraction of pension upto the prescribed limit which he desires to commute shall be indicated. Save as otherwise provided in rule 108 (ii), where the application is submitted after one year from the date of retirement, this benefit shall not be admissible without medical examination.

(2)

Where the commutation of pension is admissible subject to medical examination the application shall be submitted in Form Pen-12 alongwith two passport size photographs to the Head of office.

Note.▬ Where the applicant applies for commutation of pension within one year of the date of his retirement but his application in the prescribed form is received by the Head of office after one year of the date of his retirement, he shall not be eligible to get his pension commuted without medical examination. He shall have to apply afresh in Form Pen-12.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

96

98.

Action to be taken by the Head of office on application.― (1)

The Head of office on receipt of application in Form Pen-2 shall─ (a)

initial the Form indicating the date of its receipt;

(b)

acknowledge immediately the receipt of Form Pen-2 and dispatch the same to the applicant;

(c)

take immediate action to complete Form Pen-3 and forward the same to the Principal Accountant General (Accounts & Entitlement), after observing the formalities as laid down in these rules.

(2)

On receipt of Form Pen-12, the Head of office shall initiate action for medical examination of the retiring employee from the nearest civil surgeon as prescribed in rule 101 or 102, as the case may be.

99.

Administrative sanction of commutation of pension.― The forwarding of application of commutation of pension in Form Pen.-2 or Form Pen.-12, as the case may be, by the pension sanctioning authority to the Principal

Accountant

authorization

shall

General

be

(Accounts

treated

as

&

Entitlement),

administrative

Haryana

for

sanction/approval

for

commutation of pension. 100.

Commutation of pension becomes absolute.― (1)

The commutation of pension shall become absolute on the date on which─ (a)

the application in Form Pen-2 complete in all respects is received by the Head of office; or

(b)

the competent medical authority signs the medical report in Part-III of Form Pen-14,

as the case may be. Exception.▬ This provision shall not be applicable in case of death while in service. (2)

If the pensioner dies on or after the date on which commutation became absolute but before receiving the commutation value, this value shall be paid to the family members as per provisions applicable for payment of death-cum-retirement gratuity.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

101.

97

Intimation to the civil surgeon and the Government employee concerned for medical examination.― (1) Where commutation of pension is admissible subject to medical examination, the pension sanctioning authority shall request the concerned civil surgeon on Form Pen-13 for conducting medical examination by forwarding Form Pen-12 alongwith two photographs of the applicant out of which one photograph should be pasted on Form Pen-12 duly attested by the Head of office. The other photograph shall be pasted on Form Pen-14 which will be attested by the medical authority at the time of conducting medical examination. (2)

The Head of office shall simultaneously instruct the retiring employee to appear for medical examination before the said medical authority.

102.

Authority competent for medical examination where application is not submitted in time.― (1) Where the application of commutation of pension is received after one year of retirement, in such case the medical examination of the applicant shall be conducted by the civil surgeon of the district in which he is ordinarily residing. (2)

The civil surgeon shall arrange for the medical examination of the applicant at the nearest available station mentioned by the applicant in Form Pen-12 as early as possible. The retired Government employee shall fill up the Part-I of Form Pen-14, in the presence of the medical authority. The Medical Authority after conducting the medical examination shall issue the medical report in Part-III of Form Pen-14.

(3)

Fee for medical examination for commutation of pension shall be charged from retiree.

103.

Authority competent for medical examination in other cases.― (1)

The Government employee invalided from service or retained in service under Section 47 of the persons with disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, in such cases the medical examination for commutation shall be conducted by the medical board.

(2)

In such cases, the statement of the medical case shall be duly considered by the certifying medical authority before the certificate (Part-III of Form Pen-14) is signed.

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(3)

An applicant who has once been refused for commutation of pension on medical ground or who has once declined to accept commutation on whatsoever reason may apply for a second medical examination, at his own expense if at least a year has elapsed, since his first examination. Such an examination shall invariably be made by a medical board. The medical authority examining the pensioner should be furnished a copy of the report of the medical authority which previously examined him, in addition to other documents.

(4)

The competent medical authority shall without delay forward the completed Forms Pen-12 and Pen-14 in original and the copy of photograph attested by it, to the Head of office, who recommended for the medical examination. A certified copy of Part-III of Pen-14 shall be given to the pensioner on the spot after his medical examination.

(5)

Fee for medical examination for commutation of pension shall be charged from the applicant.

Note.▬ If in the opinion of the medical authority some special examination is necessary which is not in a position to carry out itself, it may require the applicant to undergo such examination at his own expense. No refund of such expenditure will be given by Government irrespective of the result of the examination. 104.

Withdrawal of application.― The applicant may, after giving an application in writing to the Head of office withdraw his application of commutation of pension any time before the same is authorized by the Principal Accountant General (Accounts & Entitlement), Haryana.

105.

Action to be taken by the Principal Accountant General (A&E).― (1)

The pension sanctioning authority shall forward the application of commutation of pension to the Principal Accountant General, Haryana in Form Pen-4 or Pen-15, as the case may be. In case of commutation of pension after medical examination, Form Pen-12 and Pen-14 shall also be sent with Form Pen-15.

(2)

On receipt of forms of commutation of pension from the pension sanctioning authority, the Principal Accountant General (Accounts &

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

99

Entitlement), Haryana shall verify that─ (a)

the information furnished by the Head of office in Form Pen-3 is correct;

(b)

the applicant is eligible to commute a fraction of his pension without medical examination;

(c)

the commuted value of pension has been determined correctly by the Head of office.

(3)

The Principal Accountant General (Accounts & Entitlement), Haryana after necessary verification of the information furnished in Form Pen-3 shall─ (a)

issue authority for the payment of commuted value of pension to the disbursing authority concerned;

(b)

draw the attention of the pension disbursing authority concerned for recovery of commuted portion of pension so that the disbursing authority may make entry in the pension payment order regarding the date on which the amount of pension is to be reduced on account of commuted part of pension;

(c)

endorse to the applicant a copy of the authority referred to in clause (a) with the instruction that he should collect the commuted value of pension from the disbursing authority.

106.

Recovery of commuted portion from pension.― The commutation of pension is subject to recovery from pension, therefore, the recovery of the commuted portion of pension shall be operative from the pension of the same month in which the commuted value of pension is credited in the bank account of pensioner. The amount of recovery shall not be less than the commuted portion of pension. Whenever a pensioner desires to make payment over and above the amount of commuted portion of pension it may be allowed by the pension disbursing authority during the period of 15 years from the date of authorization of commutation of pension provided total of the amount already recovered or to be recovered shall not exceed the total amount of 180 installments of commuted portion of pension. Note 1.▬ Where the commutation of pension is authorized or revised with retrospective effect, the Principal Accountant General (Accounts & Entitlement), Haryana, shall adjust the recovery of commuted portion of pension upto the month commutation of pension is authorised or revised, as the case may be.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

100

Note 2.▬ No recovery of commuted portion of pension shall be made from the family pension. 107.

Intimation of payment of commuted value.― The date on which the payment of the commuted value of pension is credited to the applicant’s account it shall be entered in the both halves of the pension payment order by the pension disbursing authority under intimation to the Principal Accountant General (Accounts & Entitlement), Haryana.

108.

Commutation of provisional pension where proceedings were pending.― Provisional pension shall not be commuted until final decision is taken on departmental or judicial proceedings, as the case may be. In such case, the commutation of pension to the pensioner shall be admissible after the final decision─ (i)

if the decision is taken to reduce the pension, the commutation of pension shall be admissible as per commutation factor corresponding to his age on next birth day on the date of final decision on the reduced pension: Provided that this benefit shall not be admissible without medical examination where the final decision is taken after one year from the date of retirement.

(ii)

if fully exonerated, he shall be entitled to the commutation of pension equal to the amount which would have been admissible had he been granted superannuation pension instead of provisional pension, with the recovery of commutated portion of pension from retrospective effect, provided application is submitted within one year from the date of final decision.

109.

Refixation of pension with retrospective effect.― Where the pension has been revised and enhanced retrospectively on whatsoever reason, the applicant shall be paid the difference between the commuted value due on enhanced pension and actually drawn with the recovery of enhanced commuted portion of pension with retrospective effect. For the payment of difference the applicant shall need not to apply afresh. Note.▬ See also Note 1 below Rule 106.

**********

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101

Forms of

Haryana Civil Services (Pension) Rules, 2016

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

102

Index of Forms relating to Haryana Civil Services (Pension) Rules, 2016 Sr. No.

Form No.

Rule in which referred

Description

1

Pen-1

41(2)

Nomination for Death-cum-Retirement Gratuity

2

Pen-2

71

Particulars to be obtained from Government employee one year before retirement/from family of deceased employee

3

Pen-3

75

Form for assessing pension, family pension, Commutation of Pension and gratuity

4

Pen-4

75

Letter to the Principal Accountant General for forwarding the pension papers of a Government employee

5

Pen-5

82 (A)

Specimen of letter to be sent to the family for DCRG where valid nomination subsists or not

6

Pen-6

82 (A)

Form of Application to be submitted by the family for grant of DCRG on the death of Government employee

7

Pen-7

82 (B)

Letter to be sent to the widow/widower for grant of Family Pension

8

Pen-8

82 (B)

Form of application to be submitted by the eligible family member for the grant of Family Pension on the death of a Government employee

9

Pen-9

83

Form of forwarding letter to the Principal Accountant General for grant of DCRG/Family Pension

10

Pen-10

70

Letter to be sent to Government employee regarding period of service not verified

11

Pen-11

70

Undertaking to be given by the Government employee in respect of period of service not verified

12

Pen-12

97

Form of application for commutation of a fraction of pension after medical examination

13

Pen-13

101

Letter to the Civil Surgeon and the Government employee concerned for medical examination

14

Pen-14

102

Report of the Medical medical examination

15

Pen-15

105

Forwarding letter of commutation of pension after medical examination to the Principal AG, Haryana

16

Pen-16

91

Pension Payment Order

17

Pen-17

91

Family Pension Payment Order

Authority regarding

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

103

Form Pen - 1 [See rule 41(2)]

Nomination for DCRG if the Government employee has a family or has not a family at that time I, __________________________________, working as _______________________ has a family the detail of which is as under :Sr. No.

Name of the members of family

Date of birth

Relationship with the Government employee

Aadhaar Card No.

Remarks

1 2 3 4 5 I, hereby nominate the following person(s) who is/are member(s) of my family or who is/are not member(s) of my family, and confer on him/them the right to receive any gratuity the payment of which shall be sanctioned by Government in the event of my death while in service and the right to receive on my death to the extent specified below, any DCRG which having become admissible to me in case of death while in service or death after retirement before the receipt of DCRG :Original nominee(s) Name and Relationship Age address of with the the Government nominee(s) employee

1

2

3

Alternate nominee(s) Amount or share of gratuity payable to each

4

Name, address and Amount or relationship, age of the share of person(s), if any, to whom the gratuity right conferred on the payable to nominee shall pass in the each event of the nominee predeceasing the Government employee or the nominee dying after the death of the Government employee but before receiving payment of gratuity 5

6

2.

Number of persons (in words) as Original Nominee : ___________________

3.

Number of persons (in words) as Alternate Nominee : __________________

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

104

4.

This nomination supersedes the nomination made by me earlier on _____________________ which stands cancelled.

5.

Strike out which is not applicable.

6.

The amount/share of the DCRG shown in column No. 4 and 6 shall cover the whole amount of DCRG.

Dated this ____________ day of ______________20

at _________________.

Signature of Government employee Witnesses : Name

Full Address

Signatures

1 2

(To be filled in by the Head of office) Nomination by______________________

Signature of Head of office___________

Designation________________________

Date ____________________________

Office____________________________

Designation : _____________________

Acknowledgement by the Head of office regarding receipt of nomination form To ________________________________ ________________________________ ________________________________ Sir, In acknowledging the receipt of your nomination, dated the ____________ / cancellation, dated the _________________ of the nomination made earlier in respect of Death-cum-Retirement Gratuity in Form __________, I am to state that it has been duly placed on record. Signature of Head of office (with date and stamp of Office) Note.— The Government employee is advised that it shall be in his interest if copies of the nominations and the related notices and acknowledgements are kept in safe custody so that they may come into the possession of the beneficiaries in the event of his death. ***********

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

105

Form Pen - 2 [See rule 71]

Particulars to be obtained by the Head of office from the retiring Government employee one year before his retirement on superannuation or from the family of deceased Government employee within one month from the date of death.

Paste one passport size joint photograph or photograph of widow/widower duly attested by Head of office

1.

Name of the Government employee

2.

Designation

3.

Department/Office

4.

Date of birth

5.

Date of retirement or Date of death, in case of death while in service

6.

Present address alongwith Mobile phone number

7.

Address after retirement alongwith Mobile phone number 1

1

Any subsequent change of address should be informed to the Head of Office & Principal Accountant General (Accounts & Entitlement), Haryana.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

106

8.

Details of the members of the family as on ________________ :Sr. No.

Name of the members of family

Date of birth

Relationship with the Government employee

Aadhaar Card No.

Remarks

1 2 3 4 5 6

9.

Name of the Treasury, Sub-Treasury or Branch of Public Sector Bank through which the Government employee wants to draw his pension.

10. Enclose the following documents :(i)

Two slips of specimen signatures to be attested by Head of Office or any gazetted officer authorized by him

(ii) Four copies of passport size joint photographs of the Government employee with spouse (to be attested by Head of office or any gazetted officer authorized by him) (iii) Form Pen-1 (Detail of family members) 11. Option for commutation of pension and fraction of pension proposed to be commuted:

Place ______________________ Dated the ___________________

Signature of Government employee or Family member of the deceased Government employee.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

107

Acknowledgement Received from Shri/Smt.

______________________________ (Name and former

designation) application in Form Pen-2 complete in all respects for the calculation of pension/DCRG/Commutation of Pension etc..

Place: _______________________

Signature of Head of Office

Date : _______________________

(with stamp)

***********

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

108

Form Pen - 3 (See rule 75)

Form for Assessing Pension/Family Pension, Commutation of Pension and DCRG (To be sent in duplicate to the Principal AG (A & E), Haryana if payment is desired in a different circle of accounting unit). Paste one passport size joint photograph duly attested. Signature & Stamp of attesting authority should be on the photograph.

1.

Name of the Government employee

2.

Sex

3.

Aadhaar Card Number

4.

Father’s name

5.

Name of wife/husband

6.

Date of birth

7.

Marks of identification of Government employee

8.

Present residential address of the Government employee alongwith Mobile phone number

9.

Address after retirement alongwith Mobile

phone number 10.

Particulars of the post held at the time of retirement: (a) Department (b) Name of the office (c) Post last held and Group of the post 1 (d) [Level/Pay scale] of the post

11.

Class of pension applicable

12.

Date of beginning of service

13.

Date of ending of service

14.

Particulars relating to military service/past service, if any, allowed to be counted by the competent authority towards civil pension.

15.

Total length of service

16.

(i)

1

Period of foreign service if any

Substituted vide Notification No. 2/14/2017-1Pen. (FD), Dated : 4th December, 2017.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

(ii) 17.

Whether pension contribution has been received for the above said period

Periods of non-qualifying service From (a) (b) (c) (d) (e)

18.

19.

20.

22.

(b)

Last emoluments (notional) if any

(a)

Emoluments reckoned for Pension and Family Pension Emoluments reckoned for deathcum-retirement gratuity

YY

MM

DD

from __________ to ___________ ( ________Y _____ M _____ D) Order No. _______________ dated _______________

Note 1.─ See also the definition of Emoluments for the purpose of Pension/DCRG/Family Pension. Note 2.─If the officer was on foreign service immediately preceding retirement, the notional emoluments which he would have drawn under Government but for being on foreign service be reflected against (a) above. Date of receipt of Form Pen-2, duly complete in all respects, from the Government employee. Proposed pension :_________________ 2

23.

To

Interruption in service condoned under Rule 14(2) Extraordinary leave not qualifying for pension Period of suspension not treated as qualifying service for pension Any other service not treated as qualifying service for pension. Total period of non-qualifying service :

Net qualifying service (Column 15-17) in terms of completed six monthly periods i.e. period of three months and above is treated as completed six monthly period. Note.― Details of qualifying service is attached. Detail of period, if any, treated as duty in case of a Government employee who has been reinstated after having been suspended, compulsorily retired, removed or dismissed from service. Emoluments at the time of retirement:(a) Last drawn emoluments (actual)

(b)

21.

109

X ______________________ = 40

Proposed death-cum-retirement gratuity: ______________ 4

X

=

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

110

24.

25.

26. 27.

28.

29. 30.

Proposed family pension: (a) Ordinary Family Pay last drawn x 30% Pension: (subject to Minimum and maximum limit as per rule 48) (b) Enhanced Equal to 50% of last emoluments in case of death while Family Pension: in service OR Equal to retiring pension in case of death after retirement before attaining the age of 65 years) (Subject to minimum and maximum of limit of enhanced family pension as per rule 49) The amount of the family pension becoming payable to the family of the deceased Government employee, if death takes place after retirement. (a) before attaining the age of 65 years. Rs. (b) after attaining the age of 65 years Rs. Sr. Name of the members of Date of birth Relationship with Aadhaar Card No. Government No. family employee 1 2 3 4 5 Date from which pension is to commence Proposed amount of provisional pension, if departmental or judicial proceeding instituted against the Government employee are pending at the time of retirement Details of Government dues recoverable out of DCRG:(a) Licence fee for the allotment of Government accommodation (See rule 72) (b) Other dues referred to in rule 73 Whether valid nomination made for DCRG subsists, if yes, enclose the copy thereof. Commutation of pension if applied before retirement or within one year after retirement:(a) The portion of pension to be commuted: (upto 50% of pension for Judicial Officers and upto 40% of pension for others) (b) Commuted value of pension = (Portion of pension to be commuted x factor from table under rule 96 x 12)

(c) Amount of residuary pension after deducting commuted portion of pension [Sr. No. 22 - 30(a)] 31.

(i)

Place of payment of Pension/DCRG (Treasury, Sub-Treasury or Branch of Public Sector Bank)

(ii) Bank Account No. (iii) Unique Payee Code 32.

10 digit DDO Code

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

33.

111

Particulars of Pension Sanctioning Authority :(i)

Designation :

(ii) Office Address : (iii) Contact number :

Place: __________________

Signature of the Head of Office

Date : __________________

(with date and stamp of office)

***********

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

112

Form Pen - 4 (See rule 75) Specimen of forwarding letter of Pension Papers to be submitted to the Principal Accountant General (A&E), Haryana From _______________________________ _______________________________ _______________________________ To The Principal Accountant General (A&E), Haryana, Lekha Bhawan, Sector 33-B. Chandigarh. No. ______________________________ Dated the _________________________ Subject:

Pension papers of Shri/Shrimati/Kumari ______________________________ for authorization of pension/DCRG.

Sir, I am directed to forward herewith the pension papers of Shri/Shrimati/Kumari ___________________________________ of this department/office for further necessary action. 2. The details of Government dues which shall remain outstanding on the date of retirement of the Government employee and which need to be recovered out of the amount of DCRG are indicated below:(a)

Balance of outstanding Loans and Advances 1

HBA

2

Motor Car Advance

3

Marriage Loan

4

Computer Loan

5

Any other Loan Total

(b)

Over payment of pay and allowances including leave salary, if any

Rs.

(c)

Income tax deductible at source under the Income Tax Act 1961 (43 of 1961)

Rs.

(d)

Arrears of licence fee for occupation of Government accommodation

Rs.

(e)

The amount of licence fee for the retention of Government accommodation for the permissible period of six months beyond the date of retirement.

Rs.

(f)

Any other assessed dues and the nature thereof

Rs.

(g)

The amount of gratuity to be withheld for adjustment of unassessed dues, if any

Rs.

Total

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

113

3. Your attention is invited to the list of enclosures which are being forwarded herewith. It is requested that authorization of Pension, DCRG, Commutation of Pension may please be made at the earliest. 4. The receipt of this letter may please be acknowledged and this department/office be informed. Yours faithfully, Head of Office (with date and stamp) List of Enclosures: 1.

Form Pen-1, Pen-2 and Pen-3 duly completed.

2.

Medical certificate of incapacity (if the claim is for invalid pension).

3.

Copy of order of retirement or death certificate in case of death while in service

4.

Last Pay Certificate generated from e-salary system duly signed by DDO.

5.

Statement of qualifying and non-qualifying service with reference to entries of verification made in service book.

6.

Calculation sheet of pension, commutation of pension, death-cum-retirement gratuity and family pension (normal and enhanced).

7.

Service book complete in all respects (date of retirement to be indicated in the service book).

8.

Certificate regarding no judicial or departmental proceedings are pending at the time of retirement.

9.

Clearance certificate from Vigilance Department, in case of Group A and B Government employees.

10.

Brief statement regarding re-instatement of the Government employee in case he has been re-instated after having been suspended, compulsorily retired, removed or dismissed from service.

11.

Four copies of passport size photograph with and without spouse duly attested by the Head of Office or any other Gazetted Officer authorized by him. Out of these one each be pasted on Form Pen.-2 and Pen.-3 and two photographs to be attached.

12.

Two slips of three specimen signatures or thumb impressions of Government employee and spouse, duly attested by Head of Office or any other Gazetted Officer authorized by him.

13.

Photo copy of Aadhar Card of Government employee and family member(s) eligible for family pension, if any.

14.

Undertaking regarding refund of excess payment of pension, commutation of pension and gratuity, if found at a later stage. (to be submitted by the retiring Government employee)

15.

Undertaking regarding adjustment of long term loans and advances and rent of Government accommodation. (to be submitted by the retiring Government employee)

16.

Option for Medical Allowance. (to be submitted by the retiring Government employee)

Signature of the Head of Office (with date and stamp)

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

114

Specimen of Enclosures of Form Pen-4 :-

1.

Three specimen signatures of Government employee and spouse :(to be attested by the Head of Office or the officer authorised by him)

Name of Government employee : Specimen signatures : Name of spouse : Specimen signatures :

Signature of the competent officer (with date and stamp)

2.

Three Specimen Signatures of Government employee and spouse :(to be attested by the Head of Office or the officer authorised by him)

Name of Government employee : Specimen signatures : Name of spouse : Specimen signatures :

Signature of the competent officer (with date and stamp)

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

3.

115

Specimen of Undertaking regarding refund/recovery of excess payment:Undertaking Whereas the ___________________________________________________(pension

sanctioning authority) has consented to grant me the sum of Rs. ________________________ as the amount of my pension and Rs._______________________ as death-cum-retirement gratuity w.e.f. ____________ subject to revision of the same being found to be in excess of that to which I am entitled under the rules and I promise to raise no objection to such revision. I further promise to refund/recover any amount paid to me in excess of that to which I may be eventually found entitled. Signature of the Government employee

4.

Witnesses No. 1:-

Witness No. 2 :-

Signature :

Signature :

Name :

Name :

Designation :

Designation :

Address :

Address :

Specimen of Undertaking regarding adjustment of loans and advances and Government dues :Undertaking

I hereby authorise to recover from my pension any Government dues such as over payment of pay and allowances, leave salary, loans and advances, travelling allowance or any amount of any description is found recoverable at any stage.

Signature of the Government employee

5.

Option for Medical Allowance :-

I intend to draw fixed medical allowance at the rate prescribed from time to time with my pension/family pension. Or I intend to avail the facility of medical re-imbursement, instead of fixed medical allowance, for out door treatment being a chronic disease patient or otherwise separately.

Signature of the Government employee

116

6.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

Specimen of certificate regarding departmental/judicial proceedings pending, if any :Certificate It is certified that complaint/department proceedings/judicial proceedings are pending/

not pending against Shri/Smt.________________________________ who is going to retire from service on ___________ while working as ____________________________.

Signature of the competent officer (with date and stamp)

8.

Calculation sheet of Pension/Family Pension/DCRG :Calculation of Pension : Last emoluments 2

Qualifying service in half years (Max. 40 half years) 40

X

Calculation of Normal Family Pension :

Last emoluments

X

30%

Calculation of Enhanced Family Pension : Last emoluments

50%

X

(in case of death while in service)

OR Equal to retiring pension (in case of death after retirement before attaining the age of 65 years)

Calculation of DCRG : Last emoluments 4

X

Qualifying service in half years

(Maximum 66 half years for Group A, B & C and 70 half years for Group D employees)

Note.― For definition of ‘Emoluments’ for the purpose of Pension and DCRG, see Rule 8 of Haryana Civil Services (Pension) Rules, 2016.

Signature of the competent officer (with date and stamp)

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

117

9.

Statement of Qualifying and Non-qualifying service :-

Sr. No.

Period (From - To)

Period in YY/MM/DD

Post held

Qualifying service YY/MM/DD

Non-qualifying service YY/MM/DD

Document(s) on the basis of which the entry is made in Column 5

1.

2.

3.

4.

5.

6.

7.

Total Service

Signature of the competent officer (with date and stamp)

***********

118

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

Form Pen - 5 [See rule 82 (A)]

Specimen of Letter to be sent to the member(s) of the family of a deceased Government employee for the grant of the death-cum-retirement gratuity where valid nomination subsists or not From _________________________________ _________________________________ _________________________________ To _________________________________ _________________________________ _________________________________ No. ______________________________ Dated, the ________________________ Subject:

Payment of death-cum-retirement gratuity in respect of the late Shri/Smt.________________________________

Sir/Madam,

I am directed to state that in terms of the nomination, which is valid under the rules, made by late Shri/Smt.___________________________________________ (Designation) _____________________________________________________ in the Office/Department of _________________________________________ a death-cumretirement gratuity is payable to his/her nominee(s). A copy of the said nomination is enclosed herewith. If any contingency has happened after 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.

OR I am directed to say that in terms of Rule 45 of Haryana Civil Services (Pension) Rules, 2016 a death-cum-retirement gratuity is payable to the following members of the family of deceased Government employee Shri/Smt. _____________

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

119

_____________________ (Designation) __________________________ in the office/ Department of ____________________________________ in equal share:(i)

Wife/Husband (including judicially separated wife/husband);

(ii)

Children (married or unmarried) including legally adopted children and widowed/divorced daughter(s);

(iii)

widow of predeceased son, if not remarried, otherwise the children of predeceased son in equal shares;

2.

In the event of there being no surviving member of the family as indicated

above, the death-cum-retirement gratuity shall be payable to the following members of the family in equal share:(i)

brother(s) below the age of 18 years, dependent unmarried/widowed/divorced sister(s);

(ii)

mother, including adoptive/step mother in case of individuals whose personal law permits adoption;

(iii)

father including adoptive/step father in case of individuals whose personal law permits adoption;

3.

It is requested that a claim for the payment of death-cum-retirement gratuity

may be submitted in the enclosed Form Pen-6 as soon as possible.

Yours faithfully,

Head of Office (with date and stamp)

***********

120

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

Form Pen - 6 [See Rule 82(A)]

Form of Application to be submitted by the Family member or Nominee for grant of DCRG in case of death of Government employee before the receipt of DCRG (To be filled in separately by each claimant and in case the claimant is minor, the Form should be filled in 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). Part - I (To be filled by the family of deceased Government employee) 1

Name of the claimant

2

Date of birth of the claimant

3

Name of the guardian in case the claimants are minor

4

Date of birth of the guardian

5

Name of the deceased Government employee in respect of whom DCRG is being claimed

6

Date of death of Government employee

7

Office/Department in which the deceased Government employee served last

8

Relationship of the claimant/guardian with the deceased Government employee

9

Full postal address of the claimant/guardian alongwith Mobile phone number

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

10

121

Where gratuity is claimed by the guardian on behalf of minors, the names of the minors, their age, relationship with the deceased Government employee, etc. :Sr. No.

Name

Age

Relationship Relationship with the of the deceased guardian with Government minors employee

Aadhaar Card No.

Postal address

1. 2. 3. 4.

11

Place of payment of Death gratuity (Treasury/ Sub-Treasury, Public Sector Bank Branch)

12

Enclose two slips of specimen signatures of claimant/guardian duly attested

13

Name, address and signatures of the two persons/gazetted officers who attested the specimen signatures:Name

Full address

Signature

(i)

(ii)

Note.─ Attestation shall be done by two Gazetted Officers or two persons of respectability in the town, village or Pargana in which the claimant resides.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

122

14

Witnesses : Name

Full Address

Signatures

1

2

Place :

Signature/Thumb impression of

Date :

the claimant/guardian

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

123

Part - II [To be filled up by the Pension Sanctioning Authority (HOO)] 15

Name of the deceased Government employee

16

Father’s/Husband’s name

17

Date of birth

18

Date of death

19

Name of the office/Department where working at the time of death

20

Post held at the time of death

21

Date of beginning of service on regular basis

22

Date of ending of service on death

23

Particulars relating to benefit of military service/past service, if any, allowed by the competent authority to count towards pension (a)

Period of past service for which benefit has been allowed

(b)

Whether terminal benefits have been deposited or not

(c)

Order No. and date

24

Total length of service

25

Periods of non-qualifying service From (a)

Interruption in service condoned under Rule 14(2)

(b)

Extraordinary leave not qualifying for pension

(c)

Period of suspension not treated as qualifying service for pension

(d)

Any other service not treated as qualifying service for pension

(e)

Total period of non-qualifying service

To

YY

MM

DD

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

124

26

Net qualifying service for DCRG : (Column 24 - 25) in terms of completed six monthly periods i.e. period of three months and above is treated as completed six monthly period. Note.― Details attached.

of

qualifying

service

YY

MM

DD

is

27

Detail of period, if any, treated as duty in case of a Government employee who has been reinstated after having been suspended, compulsorily retired, removed or dismissed from service

28

Emoluments for DCRG (Actual/Notional) Pay in the pay band + Grade pay + Dearness Allowance

29

Amount of death-cum-retirement gratuity

30

Details of Government dues recoverable out of DCRG:(a)

Licence fee of Government accommodation, if any (See rule 72)

(b)

Other dues, if any, referred to in rule 73

31

Whether valid nomination for death-cumretirement gratuity subsists or not

32

Date on which claim received from the claimants

33

Name and address of guardian who will receive payment of DCRG in the case of minor alongwith Mobile phone number

34

(i)

Place of payment of pension (Treasury, Sub-Treasury or Branch of Public Sector Bank)

(ii) Bank Account No. (iii) Unique Payee Code

35

(i)

(ii)

Enclose the legal guardianship certificate, where natural guardian is not alive, issued by the Court of Law Enclose Indemnity Bond.

Date :__________________

Signature of Head of Office

Place :_________________

(with stamp) ***********

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

125

Form Pen - 7 [See Rule 82 (B)]

Specimen of Letter to be sent to the widow/widower or other eligible family member of a deceased Government Employee six months before the cessation of compassionate financial assistance for grant of Family Pension From _________________________________ _________________________________ _________________________________ To _________________________________ _________________________________ _________________________________ No. ______________________________ Dated, the ________________________ Subject:

Payment of Family Pension in respect of late Shri/Smt.

Sir/Madam, I am directed to state that in terms of rule 47 of the Haryana Civil Services (Pension) Rules, 2016 a family pension is payable to the eligible family member of the late Shri/Smt.____________________________ (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 Pen-8. 3.

The family pension shall be payable to the widow/widower till death or

remarriage, whichever is earlier and thereafter to other eligible family member, if any, as per provision laid down in Haryana Civil Services (Pension) Rules, 2016. Yours faithfully,

Head of office (with stamp and date) ***********

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

126

Form Pen - 8 [See Rule 82 (B)]

Form of application for the grant of family pension in case of death of a Government employee while in service Part - I (To be filled by the family of deceased Government employee) 1

Name : [widow or widower, if any, otherwise dependent son/daughter or Guardian, if the deceased person(s) is survived by minor child(ren)]

2

Detail of surviving widow/ widower and children of the deceased Government employee eligible for family pension :Sr. No.

Name

Date of birth

Occupation, if any

(1) (2) (3) (4) (5) 3

Date of death of the Government employee

4

Office/Department in which the deceased Government employee served last

5

If the applicant is guardian, his date of birth and relationship with the deceased Government employee

6

Full address of the applicant alongwith Mobile phone number

7

(i)

Place of payment of family pension (Treasury, Sub-Treasury or Branch of Public Sector Bank)

Relationship with the deceased person

Aadhaar Card No.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

127

(ii) Bank Account No. (iii) Unique Payee Code

8

Date of cessation of compassionate financial assistance, if any.

9

Name, address and signatures of the two reputed persons/gazetted officers who attested the specimen signatures: Name

Full address

Signature

(i)

(ii)

Note.─ Attestation should be done by two Gazetted Officers or two reputed persons in the town, village or Pargana in which the claimant resides.

10 Enclose the following documents : (i)

Two slips of specimen signatures of the applicant, duly attested.

(ii)

Four copies of passport size photograph of the applicant to be attested by the Head of Office across the photograph itself instead of paper.

(iii)

Birth Certificate or any other documentary evidence for age of child/ children.

(iv)

Death Certificate of the deceased Government employee.

(v)

Certificate of Guardianship issued by the Court of Law in case of other than natural guardian.

11 Witnesses : Name

Full Address

Signatures

1 2

Date :_______________ Place :______________

Signature of the applicant

128

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

Part - II [To be filled up by the Pension Sanctioning Authority (HOO)] 12

Name of the deceased Government employee

13

Father’s/Husband’s name

14

Date of birth

15

Date of death

16

Name of the office/Department where working at the time of death

17

Post held at the time of death

18

Emoluments for family pension (Actual/Notional) Pay in the pay band + Grade pay

19

(a) Date of beginning of service on regular basis (b) If any service prior to appointment on regular basis

20

Date of ending of service on death

21

Total length of service

22

Family Pension proposed (i) Normal family pension (ii) Enhanced family pension [if service rendered at the time of death is more than seven years as in rule 49(1) of these rules

23

Period of tenability of Family Pension (a) At ordinary rate (b) At Enhanced Rate

24 25 26 27 28

Name of family member eligible for family pension Relationship with the deceased Government employee Full postal address alongwith Mobile phone number Date on which claim received from the claimants Name and address of guardian who shall receive payment of family pension in the case of minor

YY

MM

DD

From__________to__________ From__________to__________

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

29

(i)

129

Place of payment of pension (Treasury, Sub-Treasury or Branch of Public Sector Bank)

(ii) Bank Account No. (iii) Unique Payee Code

It is certified that compassionate financial assistance is admissible upto ________________ which has been paid to Mr./Ms. __________________________, an eligible family member of the deceased Government employee.

Date :__________________

Signature of Pension Sanctioning Authority

Place :_________________

(Head of office) (with stamp)

***********

130

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

Form Pen - 9 (See rule 83)

Specimen of Letter for forwarding papers to the Principal Accountant General (Accounts & Entitlement), Haryana for the grant of Death-cumretirement gratuity to be sent within a month in case of death while in service and for grant of Family Pension to be sent three months before cessation of compassionate financial assistance.

From _________________________________ _________________________________ _________________________________

To The Principal Accountant General (A&E), Haryana, Lekha Bhawan, Sector 33-B, Chandigarh. No. ______________________________ Dated the _________________________ Subject:

Grant of death-cum-retirement gratuity and/or Family Pension.

Sir, I am directed to say that Shri/Smt. ______________________ designation _________________________ died on _______________________. His family has become eligible for the grant of death-cum-retirement gratuity and/or Family Pension. Form Pen. 3 and 8 duly completed in all respects is forwarded herewith for the further necessary action. 2.

The details of Government dues which shall remain outstanding on the date

of retirement of the Government employee and which need to be recovered out of the amount of DCRG are indicated below:-

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

(a)

(b)

131

Balance of outstanding loans and advances, if any :1

HBA

2

Motor car advance

3

Marriage loan

4

Computer loan

5

Any other loan

Over payment of pay and allowances including

Rs.

leave salary, if any (c)

Income tax deductible at source under the Income

Rs.

Tax Act 1961 (43 of 1961) (d)

Arrears of licence fee for occupation of

Rs.

Government accommodation (e)

The amount of licence fee for the retention of Rs. Government accommodation for the permissible period of six months beyond the date of retirement

(f)

Any other assessed dues and the nature thereof

Rs.

(g)

The amount of gratuity to be withheld for

Rs.

adjustment of unassessed dues, if any Total 3.

Your attention is invited to the list of enclosures which are being forwarded

herewith. It is requested that authorization of DCRG and/or Family Pension may please be made at the earliest. 4.

The receipt of this letter may please be acknowledged and this

department/office be informed.

Yours faithfully,

Head of office (with date and stamp)

132

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

List of Enclosures:1 2 3

***********

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

133

Form Pen - 10 (See rule 70)

Specimen of letter to be sent to the Government employee in case of period of service not verified in the Service Book From _________________________________ _________________________________ _________________________________ To Shri/Smt. ________________________ ________________________________ (Name and designation) No. ______________________________ Dated, the _________________________ SUB :

Detail of Service not verified.

It is certified that Shri/Smt. ____________________________ Designation __________________ has joined service on _______________ and as per entries in his service book he has completed qualifying service of ______________ years _______________months and_____________ days as on ______________(date). 2. At the time of calculating qualifying service it has come to notice that the following period of service has not been verified by the then competent authority, therefore, it is requested that if you have actually remained on duty during this period please give an undertaking in this regard alongwith authentic proof (e.g. Contribution towards GPF Account or NGIS or other documents relating thereto, if any) so that the same may be counted for pension and DCRG. Details of Service non verified Sr. No.

From

To

Designation

Name of office where remained during this period

1. 2. 3. 4. 5.

Signature of Head of office (with stamp and date) ***********

134

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

Form Pen - 11 (See rule 70)

Undertaking to be given by the Government employee in respect of period of service not verified by the then Head of Office To ________________________________ ________________________________ ________________________________ SUB :

Undertaking of Service not verified in the service book.

Kindly refer to your letter No. ________________ Dt. ________________ . It is certified that I, Shri/Smt. _____________________________________________ Designation____________________ has actually rendered service during the period mentioned below, as clarified from the authentic proof enclosed with this certificate. It is requested that the following period of service may please be counted towards pension/DCRG. I also undertake that if later on it comes to your notice from the office record that the period of following service or any portion thereof is not qualifying for pension, my pension may be refixed with retrospective effect. I am ready to pay excess amount drawn by me by way of pension and/or DCRG etc. Period of Service not verified in the service book Sr. No.

From

To

Authentic Proof

Remarks, if any

1. 2. 3. 4. 5.

Dated :_________________

Signature of Government employee Name :____________________________ Designation:________________________ Department:________________________

************

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

135

Form Pen - 12 (See rule 97)

Form of Application for Commutation of Pension admissible after Medical Examination (To be submitted in triplicate)

Paste one passport size joint photograph duly attested

Part - I To The ____________________________ ________________________________ ________________________________ (Here indicate the designation and full address of the Head of office)

Subject:

Commutation of pension after medical examination.

Sir, I desire to commute a fraction of my pension in accordance with the provisions of rule 95 of these rules. Necessary particulars are furnished below alongwith two copies of my photographs:1.

Name (in block letters)

2.

Father’s/Husband’s name

3.

Full postal address alongwith Mobile phone number

4.

Designation

5.

Name of Office/Department in which employed

6.

Date of Birth

7.

Date of retirement

8.

Class of pension

9.

Amount of pension authorized

10.

Fraction of pension proposed to be commuted.

136

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

11.

Month from which pension to be commuted

12.

Pension Payment Order Number, if issued

13.

Disbursing authority for payment of pension (a) Treasury/Sub-Treasury (Name and Complete address of the Treasury/Sub-Treasury to be indicated) (b) (i) Branch of the Nationalized Bank with complete address (ii) Bank Account No. to which the monthly pension is being credited each month (iii) Unique Payee Code

14.

Preference for station where medical examination is desired to take place

Place:_____________________

Signature of Government employee

Date:______________________ Part - II Acknowledgement Received from Shri/Smt. __________________________________________ (Name and designation) application in Part I of Form Pen-12 for commutation of a fraction of pension after medical examination.

Place: _____________________

Signature _______________________

Date: ______________________

Signature of Head of office (with stamp)

***********

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

137

Form Pen - 13 (See rule 101)

Form of Letter to the Civil Surgeon From _________________________________ _________________________________ _________________________________ To _________________________________ _________________________________ _________________________________ No. ______________________________ Dated, the ________________________.

Subject:- Medical Examination for Commutation of Pension. Sir, Shri/Smt. _______________________________ who retired from service on______________________ as ______________________(designation) has applied for commuting a fraction of his pension for a lumpsum payment.

The following

documents are forwarded herewith:1.

Application in Form Pen-12 in original together with an unattested copy of the applicant’s photograph.

2.

A copy of Form Pen-14 in duplicate.

3.

In terms of Rule 102 and 103 of these rules Shri __________________________ shall be examined by a Medical Board/Medical Officer not lower than the rank of Civil Surgeon or a Principal Medical Officer. It is requested that arrangement may be made to get Shri ______________________ examined as expeditiously as possible before his next birthday which falls on ________________.

4.

It is requested that arrangements for medical examination by the medical authority indicated in Para-3 above may be made at the nearest available station

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

138

mentioned by Shri _____________________________ in his application in Form Pen-12. 5.

It is requested that Shri __________________________ shall be informed direct under intimation to this office as to where and when he should appear before the appropriate authority for medical examination.

A copy of this letter is being

endorsed to him so that he may comply with your instructions on hearing from you. 6.

The receipt of this letter may please be acknowledged.

Yours faithfully,

Head of office (with date and stamp) Copy forwarded to Shri ___________________________________ (here give complete address) with the remarks that he shall be eligible for the lump sum payment in lieu of the amount of pension to be commuted on the basis of assumed age reported by the medical authority. Shri ____________________________ should report for medical examination to the medical authority direct on hearing from Civil Surgeon ____________________. He shall take with him the enclosed Form Pen-14 with the particulars required in Part I completed except the signature.

Signature of Head of Office (with date and stamp)

***********

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139

Form Pen - 14 (See rule 102)

Medical Examination by the ______________________________ (here enter the medical authority)

Affix passport size recent photograph [(See Rule 101(i)]

PART - I The applicant must complete this statement prior to his examination by the _________ __________________________(here enter the medical authority) and shall sign the declaration appended thereto in the presence of that authority:1.

Name of the applicant (in block letters)

2.

Date of birth

3.

Place of birth

4.

Particulars regarding parents, brothers and sisters:-

5.

Father’s age if living and state of health

Father’s age at death and cause of death

Number of brothers living their ages and state of health

Number of brothers dead, their ages at death and cause of death

Mother’s age if living and state of health

Mother’s age at death and cause of death

Number of sisters living their ages and state of health

Number of sisters dead, their ages at death and cause of death

Have you ever been examined─ (a) for life Insurance, or/and (b) by any Government Medical Officer or Medical Board.

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140

6.

Have you been granted or considered for grant of invalid pension? If so, state the ground thereof.

7.

Have you ever been granted leave on medical certificate during the last five years? If so, state periods of leave and nature of illness.

8.

Have you ever─ (a) Had enlargement or suppuration of glands small pox, intermittent or any other fever, spitting of blood, asthma, inflammation of lungs, pleurisy, heart disease, fainting attacks rheumatism, appendicitis, epilepsy, insanity or other nervous disease, discharge from or other disease of the ear, syphilis, or gonorrhea; or (b) had any other disease or injury which required confinement to bed, or ? (c) undergone any surgical operation? or

9.

(d)

suffered from any illness, wound or injury sustained while on active service? or

(e)

presence of albumin or sugar in urine.

Present state of health─ (a) have you a hernia? (b) have you varicocele, varicose veins or piles? (c) Is your vision in each eye good (with or without glasses)? (d)

Is your hearing in each ear good?

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

(e)

Have you any congenial or acquired malformation, defect or deformity?

(f)

Have you lost or gained weight markedly during the last three years?

141

(g) Have you been under treatment of any doctor within the last three months and nature of illness for which such treatment was taken?

Declaration by Applicant (To be signed in the presence of medical authority) I declare all the above answers to be, best of my belief, true and correct. I am fully aware that by willfully making a false statement or concealing a relevant fact, I shall incur the risk of losing the commutation I have applied for, and of having my pension withheld or withdrawn under rule 10 and 12 of the Haryana Civil Services (Pension) Rules, 2016.

Applicant’s Signature

Signed in presence of ______________________ Signature of Medical Authority (with date and stamp)

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PART - II ( To be filled in by the examining medical authority ) 1.

Apparent age

2.

Height

3.

Weight

4.

Describe any scars or identifying marks of the applicant

5.

Pulse rate (a) Sitting (b) Standing (c) Character of pulse

6.

Blood pressure─ (a) Systolic (b) Diastolic

7.

Is there any evidence of disease of the main organs─ (a) Heart (b) Lungs (c) Liver (d) Spleen (e) Kidney

8.

Investigations (a) Urine (State Specific gravity) (b) Blood (c) X-Ray Chest (d) E.C.G.

9.

Has the applicant a hernia? (if so, state the kind and if reducible)

10.

Any additional finding

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

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PART - III (To be filled in by the examining medical authority) I/We have carefully examined Shri/Smt./Kumari __________________________, whose photo has also been attested by the undersigned and am/are of opinion that― He/She is in good bodily health and has the prospect of an average duration of life. Or He/She is not in good bodily health and is not a fit subject for commutation. Or Although he/she is suffering from _______________________, he/she is considered a fit subject for commutation but his/her age for purpose of commutation, i.e. , the age next birthday shall be taken to be _____________ (in words) years more than his/her actual age.

Signature and designation of examining Medical Authority

Date: _________________

***********

144

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

Form Pen - 15 (See rule 105)

Specimen of forwarding letter of Commutation of Pension after one year to be submitted to the Principal Accountant General (A&E), Haryana From _________________________________ _________________________________ _________________________________ To The Principal Accountant General (A&E), Haryana, Lekha Bhawan, Sector 33-B, Chandigarh. Subject:

Pension papers of Commutation of Pension Shri/Shrimati/Kumari _____________________ for authorization of Commutation of pension.

Sir, I am directed to forward herewith the pension papers of commutation of pension of Shri/Smt./Kumari _______________________________ of this department/ office for further necessary action. In terms of Rule ________ or ___________ commutation of pension is not admissible to him without medical examination. 3.

Your attention is invited to the list of enclosures which are being forwarded

herewith, i.e. Application of commutation of Pension, Medical Certificate of the pensioner obtained from Civil Surgeon/Medical Board. It is requested that authorization of Commutation of Pension may please be made at the earliest. 4.

The receipt of this letter may please be acknowledged and this department/

office be informed. Yours faithfully,

Head of Office (with date and stamp) List of Enclosures: ***********

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

Form Pen - 16 (See rule 91) OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (A&E), HARYANA PENSION PAYMENT ORDER

145

Joint photograph of Pensioner and his/her spouse duly attested by the Head of office

For Pensioner/Pension Disbursing Authority 1.

Pension Payment Order No. (PPO No.)

2.

Name of the Pensioner

3.

Case No./Application No.

4.

Rules Applicable :

Haryana Civil Services (Pension) Rules, 2016

5.

Debitable to Government

Haryana Government

6.

Classification of Pension/Family Pension (Major Head of Account)

“2071-Pension & Other Retiral Benefits-01Civil-101-Superannuation and Retirement Allowance.” “2071-Pension & Other Retiral Benefits-01Civil-105-Family Pension.”

7.

Aadhaar Card Number

8.

Unique Payee Code

9.

Place of payment of pension (Treasury, Sub-Treasury or Branch of Public Sector Bank)

10.

Bank Account No.

11.

Full address alongwith mobile phone number

12.

Date of birth of pensioner

13.

Date of appointment in Government service

14.

Date of retirement

15.

Post held at the time of retirement

16.

[Level/Pay scale] last held

17.

Group of the post last held

18.

Office from where retired

19.

Class of Pension

20.

Net Qualifying Service

21.

Last pay drawn (Notional/Actual)

22.

Emoluments for Pension/Family Pension (Notional/Actual)

23.

Emoluments for DCRG (Notional/Actual)

24.

Amount of Pension

1

1

Substituted vide Notification No. 2/14/2017-1Pen. (FD), Dated : 4th December, 2017.

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

146

25.

Whether Regular Pension or Provisional Pension

26.

Pension withheld, if any

27.

Commuted portion of pension

28.

Date of restoration of commuted portion of pension

29.

Net Pension payable

30.

Amount of Normal Family Pension Rs._____________

from _______________ to _________________

31.

Amount of Enhanced Family Pension Rs._____________

from _______________ to _________________

32.

Details of Family members eligible for family pension Sr. No.

Name

Relationship

Date of birth/ Age

Whether disabled (attached proof)

Aadhaar Card No.

1 2 3 4

(A)

UNTIL FURTHER NOTICE, on the expiry of every month, please pay to Sh./Smt./ Km._________________________ W/H/S/D/o _____________ ______________________ the above said Pension/Family Pension plus the amount of dearness relief as admissible thereon from time to time after due identification of the pensioner.

(B)

The payment of pension shall commence from ____________________.

(C)

In the event of the death of Sh./Smt./Km. __________________________ above said Enhanced Family Pension shall be paid to Smt./Sh.______________________ from the day following the date of death till the expiry of seven years from the date of retirement or on completion of 65 years age had the retiree survived, whichever is earlier and thereafter above said Normal Family Pension shall be paid as per conditions mentioned in Haryana Civil Services (Pension) Rules, 2016.

(D)

Income Tax, as per rules, shall be deducted at source.

Signature and Designation Seal of the Pension Payment Issuing Authority. To The Treasury Officer, _________________________.

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147

Important Instructions Family Pension in case of death of pensioner: 1.

2.

3.

In case of widow/widower: From the date following the date of death of pensioner upto the date of remarriage or death whichever is earlier. However, the childless widow shall be eligible after remarriage provided her income from all sources should be less than or equal to minimum family pension plus dearness relief thereon. In case of dependent unmarried son/daughter: From the date following the date of ineligibility of mother/father till the date of marriage, on attaining the age of 25 years or earning livelihood, whichever is the earliest. In case of dependent unmarried daughter/widowed or divorced daughter: From the date following the date of ineligibility of mother and father/above said brother-sister(s) till the date of marriage/remarriage or earning livelihood, whichever is earlier. In case of dependent disabled child: From the date following the date of ineligibility of family pension to the mother and father/physically fit brother and sister(s) to the date of earning livelihood. In case of dependent parents upto the date of death: From the date following the date of ineligibility of spouse and dependent children. Note.― For detail See Rule 8(10)(B) and Chapter VIII of Haryana Civil Services (Pension) Rules, 2016. No pension shall be liable to seizure, attachment or sequestration by process of any Court in India in the instance of Creditor for any demand against the pensioner (Section 11, Act XXIII of 1871). (a) Pensioner shall have to submit his/her life certificate on line once in a year in the month of March by login website www.jeevanpramaan.gov.in with Aadhaar Biometic Authentication. In exceptional cases life certificate signed by a competent medical authority shall also be accepted. (b) In case of death of a pensioner, it shall be the duty of the family to intimate the Pension Disbursing Authority immediately.

4.

Dearness relief is payable with reference to the amount of original pension before commutation. Relief on pension/family pension is payable at the rate prescribed by Government from time to time.

5.

Special remarks, if any, of Accounts Officer of the office Principal Accountant General (A&E), Haryana :-

148

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

Part – II (For Pension Disbursing Authority) Record of intial Pension and revision thereof Authority letter No. and date

Date of effect

Amount of Reason for Pension Revision Fixed/Revised Rs.

Rate of Dearness Relief Rs.

Remarks

Initials of designated officer

Part – III (For Pension Disbursing Authority) Record of transfer of PPO from one Pension Disbursing Authority (PDA) to another, if any: Sr. No.

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

Full particulars of PDA at which pension was being drawn before transfer

Date upto which pension has been paid

Full particulars of PDA to which PPO is transferred

Date and Signature of authorized officer of transferring PDA

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

149

Part-IV (For Pension Disbursing Authority) Record of periodical Jeevan Praman Patra (Life Certificate) (To be authenticated once in a year i.e. in the month of March) Sr. Acknowledgement Initial of No. No. and date of designated Jeevan Praman officer Patra

Remarks

Sr. Acknowledgement Initial of No. No. and date of designated Jeevan Praman officer Patra

1.

26.

2.

27.

3.

28.

4.

29.

5.

30.

6.

31.

7.

32.

8.

33.

9.

34.

10.

35.

11.

36.

12.

37.

13.

38.

14.

39.

15.

40.

16.

41.

17.

42.

18.

43.

19.

44.

20.

45.

21.

46.

22.

47.

23.

48.

24.

49.

25.

50.

***********

Remarks

150

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

Form Pen - 17 (See rule 91) OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (A&E), HARYANA FAMILY PENSION PAYMENT ORDER

Photograph of Family Pensioner duly attested by the Head of office

For Family Pensioner/Pension Disbursing Authority 1.

Family Pension Payment Order No. (FPPO No.)

2.

Name of the Family Pensioner

3.

Case No./Application No.

4.

Rules Applicable :

Haryana Civil Services (Pension) Rules, 2016

5.

Debitable to Government

Haryana Government

6.

Classification of Family Pension (Major Head of Account)

2071-Pension & Other Retiral Benefits-01-Civil105-Family Pension.

7.

Aadhaar Card Number of Family Pensioner

8.

Unique Payee Code

9.

Place of payment of family pension (Treasury, Sub-Treasury or Branch of Public Sector Bank)

10.

Bank Account No.

11.

Full address alongwith mobile phone number

12.

Date of birth of family pensioner

13.

Any other family pension is being drawn or not. If yes, give particulars from where it is being drawn.

14.

Name of deceased Government employee

15.

Relationship with deceased Government employee

16.

Date of appointment in Government service

17.

Post held at the time of death

18.

Pay scale last held

19.

Group of the post last held

20.

Office/Department where last served

21.

Total service of deceased Government employee

22.

Date of cessation of Compassionate Financial Assistance

23.

Last pay drawn (Notional/Actual)

24.

Emoluments for Family Pension (Notional/Actual)

25.

Emoluments for DCRG (Notional/Actual)

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151

26.

Amount of Normal Family Pension Rs._____________

from _______________ to _________________

27.

Amount of Enhanced Family Pension Rs._____________

from _______________ to _________________

28.

Detail of other Family members eligible for family pension Sr. No.

Name

Relationship

Date of birth/ Age

Whether disabled (attached proof)

Aadhaar Card No.

1. 2. 3. 4.

(A)

UNTIL FURTHER NOTICE OR INELIGIBILITY, on the expiry of every month, please pay to Sh./Smt./ Km._________________________ W/H/S/D/o _____________ ______________________ the above said Family Pension plus the amount of dearness relief as admissible thereon from time to time after due identification of the pensioner.

(B)

The payment of pension shall commence from ____________________.

(C)

Income Tax, as per rules, shall be deducted at source.

Signature and Designation Seal of the Pension Payment Issuing Authority. To The Treasury Officer, _________________________.

Important Instructions Family Pension in case of death of a Government employee while in service OR death of a pensioner 1.

In case of spouse : Family pension in case of death of Government employee while in service from the date following the date of cessation of compassionate financial assistance but in case of death of the pensioner from a date following the date of death till remarriage or death of the recipient, whichever is earlier. However, the childless widow shall be eligible after remarriage provided her income from all sources should be less than or equal to minimum family pension plus dearness relief thereon. In case of dependent unmarried son/daughter: From the date following the date of ineligibility of mother/father till the date of marriage, on attaining the age of 25 years or earning livelihood, whichever is the earliest. In case of dependent unmarried daughter/widowed or divorced daughter: From the date following the date of ineligibility of mother and father/ above said brothers and sister(s) till the date of marriage/remarriage or earning livelihood, whichever is earlier. In case of dependent disabled children: From the date following the date of ineligibility of mother and father/physically fit brothers/sisters to the date of earning livelihood.

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HARYANA CIVIL SERVICES (PENSION) RULES, 2016

In case of dependent parents upto the date of death: From the date following the date of ineligibility of spouse and dependent children. Note.― For detail See Rule 8(10)(B) and Chapter VIII of Haryana Civil Services (Pension) Rules, 2016. 2.

No pension shall be liable to seizure, attachment or sequestration by process of any Court in India in the instance of Creditor for any demand against the pensioner (Section 11, Act XXIII of 1871).

3.

(a)

Pensioner shall have to submit his/her life certificate on line once in a year in the month of March by login website www.jeevanpramaan.gov.in with Aadhaar Biometic Authentication. In exceptional cases life certificate signed by a competent medical authority shall also be accepted.

(b)

In case of death of a pensioner, it shall be the duty of the family to intimate the Pension Disbursing Authority immediately.

4.

Dearness Relief on family pension is payable as admissible from time to time. Family Pension shall cease when no member is eligible.

5.

Special remarks, if any, of Accounts Officer of the office Principal Accountant General (A&E), Haryana :-

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

153

Part – II (For Pension Disbursing Authority) Record of intial Family Pension and revision thereof Authority letter No. and date

Date of effect

Amount of Reason for Pension Revision Fixed/Revised Rs.

Rate of Dearness Relief Rs.

Remarks

Initials of designated officer

Part – III (For Pension Disbursing Authority) Record of transfer of FPPO from one Pension Disbursing Authority (PDA) to another, if any: Sr. No.

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

Full particulars of PDA at which pension was being drawn before transfer

Date upto which pension has been paid

Full particulars of PDA to which PPO is transferred

Date and Signature of authorized officer of transferring PDA

154

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

Part-IV (For Pension Disbursing Authority) Record of periodical Jeevan Praman Patra (Life Certificate) (To be authenticated once in a year i.e. in the month of March) Sr. Acknowledgement Initial of No. No. and date of designated Jeevan Praman officer Patra

Remarks

Sr. Acknowledgement Initial of No. No. and date of designated Jeevan Praman officer Patra

1.

26.

2.

27.

3.

28.

4.

29.

5.

30.

6.

31.

7.

32.

8.

33.

9.

34.

10.

35.

11.

36.

12.

37.

13.

38.

14.

39.

15.

40.

16.

41.

17.

42.

18.

43.

19.

44.

20.

45.

21.

46.

22.

47.

23.

48.

24.

49.

25.

50.

Remarks

HARYANA CIVIL SERVICES (PENSION) RULES, 2016

155

Part-V (For Pension Disbursing Authority) Record of periodical income/marriage or re-marriage certificate (To be authenticated once in a year i.e. in the month of March) Sr. Date of No. income/marriage certificate

Initial of designated officer

Remarks

Sr. Date of No. income/marriage certificate

1.

26.

2.

27.

3.

28.

4.

29.

5.

30.

6.

31.

7.

32.

8.

33.

9.

34.

10.

35.

11.

36.

12.

37.

13.

38.

14.

39.

15.

40.

16.

41.

17.

42.

18.

43.

19.

44.

20.

45.

21.

46.

22.

47.

23.

48.

24.

49.

25.

50.

*************

Initial of designated officer

Remarks