GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS/RAIL MANTRALAYA
(RAILWAY BOARD)

No. F(E)III/94/Pn 1/31 (Amendment)   dated 03-02-1995

Subject :- NOTIFICATION

NOTIFICATION

To be published in the Gazette of India Part II Section 3 Sub-section (ii)

S.O. _______ In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the President hereby make the following rules further to amend the Railway Services (Pension) Rule, 1993 namely: —

  1.  
    1. These rules may be called the Railway Services (Pension) First Amendment Rules, 1994.
    2. They shall come into force on the date of their publication in the official gazette.
  2. In Rule 75 of the Railway Services (Pension) Rules, 1993 (hereinafter referred to as the said rules), in clause (b) (ii) of sub-rule (19), the words "before retirement but shall not include a son or daughter adopted after retirement" shall be deleted.
  3. In Rule 75 of the said rules, for proviso (a) to sub-rule (6), the following shall be substituted, namely: —

    "The family pension shall be paid to such sons or daughters through the guardian as if he or she were a minor on the basis of guardianship certificate or the guardian appointed by a court except in the case of physically crippled son/daughter who has attained the age of majority."

    Sub-proviso within this proviso and the explanation (1) under this rule shall also be deleted.

  4. In Rule 75 of the said rules, for sub-rule (17) the following sub-rule shall be substituted, namely: —

    A military pensioner, who on retirement from military service, on retiring pension, service pension or invalid pension is governed for the grant of ordinary family pension by Army Instruction 2/S/64 or corresponding Navy or Air Force instructions and is re-employed in a Railway service or Railway post before attaining the age of superannuation, shall for the purpose of eligibility for the family pension admissible under this/rule or the family pension already authorised under the aforesaid Army/Navy/Air Force instruction, be governed as follows :—

    1. if he dies while holding a Railway post, his family shall be allowed family pension under these rules or the family pension authorised at the time of retirement or discharge from the military service, whichever is more advantageous to the family;
    2. if he has on appointment to a Railway service or post, opted to retain military pension for the post military service :—
      1. and retires from the Railway re-employment without earning any pension therefor, his family shall be entitled to family pension as authorised at the time of his retirement/discharge from military service;
      2. retires from Railway re-employment after becoming eligible for pension therefor, he shall exercise an option at the time of applying for pension for Railway service either to be governed by family pension under these rules or to avail of family pension benefits as authorised at the time of his retirement/ discharge from military service and the said option once exercised shall be final.
    3. if on appointment to a Railway service or post, he has opted to surrender military pension and count the military service for railway pension, his family shall be entitled to family pension under these rules.
  5. In Rule 79 of the said rules, in sub-rule (1), for clause (c), the following shall be substituted namely: —

    "(c) Third Stage-As soon as the second stage is completed and in any case not later than ten months prior to the date of retirement of the Railway servant, the Head of Office shall take the following action: —

    1. He shall furnish to the retiring Railway servant a certificate regarding the length of qualifying service proposed to be admitted for purpose of pension and gratuity as also the emoluments and the average emoluments proposed to be reckoned with for retirement gratuity and pension. In case the certified service and emoluments as indicated by the Head of Office are not acceptable to him he shall furnish to the Head of Office the reasons for non-acceptance inter alia supported by the relevant documents in support of his claim.
    2. In case of any difficulty in determining the length of qualifying service on account of non-availability of service records, the retiring Railway servant shall be asked to file a written statement of service as provided in clause (ii) of sub-rule (1) and sub-rule (2) of rule 91.
    3. Forward to the retiring Railway servant Form 8 advising him to submit the same duly completed in all respects so as to reach the Head of Office not later than eight months prior to his date of retirement.
  6. In Rule 86 of the said rules, the word 'borrowing' occuring in the last sentence of sub-rule (1) shall be substituted by the word 'parent'.
  7. For Form 7 of the said rules, the following shall be substituted, namely: —

FORM 7

FORM FOR ASSESSING PENSION AND GRATUITY

[See Rule 78, Rule 80, Rule 81 (1) and (3) and Rule 85(1) ]

(To be sent in duplicate if payment is desired in a different circle of accounting unit).

PART I

  1. Name of the retiring Government employee.
  2. Father/Husband's name
  3. Height
  4. Marks of Identification
  5. Date of Birth
  6. Service to which belongs (Indicate name of organised service, if any)
  7. Particulars of post held at the time of retirement—
    1. Name of the Office
    2. Post Held
    3. Whether the appointment mentioned above was under Government or outside the Government on foreign service terms.
  8. Whether declared substantive in any posts under the Railways
  9. Date of beginning of service
  10. Date of ending of service
  11. Cause of ending of service—
    1. Permanent absorption in public sector undertaking/ autonomous body (rule 54)
    2. Due to abolition of post (rule 63)
    3. Superannuation (rule 51)
    4. Invalidment on medical ground (rule 55)
    5. Voluntary/ premature retirement at the initiative of the Government servant under rules 66, 67 and Rules 1802 (b) (i) -IREC Vol. II (1987 Ed.)
    6. Premature retirement at the initiative of the Government (Rule 66 or Rule 1802 (a)-IREC Vol. II (1987 Ed.)
    7. Compulsory retirement (rule 64)
    8. Removal/dismissal from service (rules 40 and 65)
    9. Death.
  12. In the case of compulsory retirement the orders of the competent authority whether pension may be allowed at full rates or at reduced rates and in case of reduced rates, the percentage at which it is to be allowed.
  13. In case of removal/dismissal from service whether orders of competent authority have been obtained for grant of compassionate allowance and if so, at what rate.
  14. Particulars relating to military service, if any—
    1. Period of military service
    2. Terminal benefits drawn/being drawn for military service.
    3. Whether opted for counting of military service towards Railway pension.
    4. If answer to (c) above is in the affirmative, whether the terminal benefits have been refunded.
    5. In case of ex-servicemen who are eligible for family pension under the Armed Forces rules, whether opted to retain family pension under the Armed Forces rules or to draw family pension under the Railway rules.
  15. Particulars relating to service in autonomous body, if any —
    1. Particulars of Service:
      Name of Organisation Post held Period
      From To
             
    2. Whether the above service is to be counted for pension
    3. Whether the autonomous organisation has discharged its pensionary liability to the Railways.
  16. Whether any departmental or judicial proceedings are pending against the retiring employee.
  17. Qualifying service —
    1. Details of omission, imperfection or deficiencies in the Service Book which have been ignored under rule 79 (1) (b) (ii).
    2. Period not counting as qualifying service —
      1. Boy service (2nd proviso to rule 20)
      2. Extraordinary Leave not counting as Qualifying service (rule 36)
      3. Periods of suspension not treated as qualifying service (rule 37)
      4. Interruptions in service (rule 42 (1) (b) and rule 43 (c)
      5. Periods of foreign service with United Nation bodies for which United Nations pension has been availed.
      6. Any other period not treated as qualifying service (give details)
    3. Additions to qualifying service
      1. Military service (rule 34)
      2. Weightage under rule 45
      3. Benefit of service in an autonomous body (rule 53)
      4. Weightage under rule 68
    4. Net qualifying service
    5. Qualifying service expressed in terms of completed six monthly periods (period of three months and over is treated as completed six monthly period)
  18. Emoluments—
    1. Emoluments drawn during 10 months preceding retirement

      From

      To

      Rate of Ray

      Amount

             
    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.
    3. Average emoluments reckoned for pension
    4. Emoluments reckoned for retirement gratuity/death gratuity.
    5. Emoluments reckoned for family pension
  19. Date on which the retiring employees submitted his application for pension in Form 8.
  20. Complete and up-to-date details of the family as given in Form 6

    S. No.

    Name of the

    Date of birth member of the family

    Relation with the Railway Servant

    1

    2

    3

    4

  21. Whether nomination made for death gratuity/retirement gratuity.
  22. The date on which action initiated to—
    1. obtain the 'No demand certificate’ from the Directorate of Estates as provided in rule 77,
    2. assess the service and emoluments qualifying for pension as provided in rule 79, and
    3. assess the Government dues other than the dues relating to the allotment of Government accommodation as provided in rule 15(3)(b).
  23. Details of Government dues recoverable out of gratuity—
    1. Licence fee for Government accommodation (see sub-rules (2) (3) and (4) of rule 16)
    2. Dues referred to in rule 15
  24.  
    1. Proposed pension/service gratuity
    2. Proposed dearness relief on pension (as on the date of retirement)
    3. Date from which pension is to commence.
  25. Rate of family pension—
    1. Enhanced rate
    2. Period for which family pension will be payable at enhanced rate.
    3. Ordinary rate.
    4. Date from which ordinary rate of family pension will be payable.
  26. Amount of retirement gratuity/death gratuity.
  27. Commutation of pension—
    1. Whether simultaneously applied for commutation of pension with the pension application (applicable only in the case of those who retire on superannuation pension).
    2. The portion of pension commuted
    3. Commuted value of pension
    4. Amount of residuary pension after deducting commuted portion.
    5. Date from which reduced pension is payable.
  28. Name and address of Bank/Pension Accounting Office from where pension is to be drawn.
  29. Head of Account to which pension and gratuity are debitable.
  30. Post retirement address of the retiree.

Signature of the Head of office

PART II

  1. Date of receipt of pension papers by the Accounts Officer from Head of Office.
  2. Entitlements admitted
    1. Length of Qualifying service
    2. Pension—
      1. Class of Pension
      2. Amount of monthly pension
      3. Date of commencement
    3. Commutation of Pension —
      1. Commuted value of portion of pension commuted, if any
      2. Residuary pension after commutation
      3. Date from which reduced pension is payable
      4. Date of restoration of commuted portion of pension subject to the pensioner continuing to live
    4. Retirement/Death Gratuity—
      1. Total amount payable
      2. Amount to be adjusted towards Government dues
      3. Amount to be withheld for adjustment of unassessed dues.
      4. Net amount to be released immediately
    5. Family Pension —
      1. At enhanced rate
      2. Period for which Family Pension at enhanced rate is payable
      3. At normal rate
  3. Head of Account to which the amount of pension, retirement/ death gratuity and family pension are to be debited.

Accounts Officer

Foot Note : The Railway Services (Pension) Rules, 1993 were published as S.O. 930 (E) in Part II, Section 3, Sub-section (ii) of the Gazette of India, dated 3rd December, 1993.

Detail of the Letter / Codal / Manual Provisions