| CHAPTER XXI APPLICATIONS FOR AND SANCTION OF PENSIONS 1[321.(1) The Head of the Office shall obtain from the retiring non-gazetted Government servant the particulars in Form 1 B one year before the date of his retirement. (2) A Gazetted Government servant shall submit theparticulars in Form 1B one year in advance of his retirement to the Accountant General who shall build up his pension records. In respect of Gazetted Government servants whose pay and allowances are not authorised by the Accountant General but are drawn by the Head of the Office procedure specified in sub-rule (1) shall be followed. (3) The particulars mentioned in Form 1B shall be sentalong with other pension documents to the Accountant General atleast two months before the date of retirement of the Government servant. (4) In cases of retirement on retiring pension under rule285 the particulars mentioned in Form 1B shall be obtained after the date of receipt of issue of notice by the Government servant for such retirement or in cases of retirement on payment of salary in lieu of notice immediately after the issue of orders thereof. (5) In case where the retiring Government servant fails to furnish the particulars in Form 1B the Head of the Office shall send the pension papers to the Accountant General with all other available documents and information immediately from the date of retirement with an indication that the retiring Government servant has failed to give the required particulars in the Form 1B and that the pensionary benefits may be authorised at the treasury in the place in which the Government servant was working at the time of retirement. The Accountant General shall authorise the pensionary benefits accordingly. The treasury officer shall make payment subject to local identification. (6) The Accountant General (Accounts and Entitlement)shall send to the Government and the respective Heads of Department on 31st January and 31st July each year a list of Gazetted Officers who are due to retire within next twelve to eighteen months indicating against each name whether the service books of the particular officer is available or not. 1. Substituted by No. FD 1 SRA 97 dated 23-4-1998 (wef 15-10-1998) (7) The Head of the Department shall on receipt of the listimmediately arrange to obtain the service register wherever wanting. He shall forward the service register and the particulars in Form 1B to the Accountant General within one month from the date of receipt of the list. Thereafter the Head of the Department shall enquirewith the Accountant General once in a quarter whether any particulars are required by him for processing of pension papers. He shall ensure that the intimation of pension entitlement is received from the Accountant General atleast three months before the date of retirement and arrange for the communication of the sanction of the Head of the Department or Government, as the case may be,for pension to the Accountant General two weeks before the date of retirement. He shall also be responsible for forwarding the departmental no due certificate to the Accountant General along with the sanction. In respect of Government servants who are promoted to the gazetted cadre in the last year of their service the Head of the Department shall, immediately after such promotionforward to the Accountant General their service registers and the particulars in Form 1B without waiting for the list of retiring Gazetted Government servants. The Accountant General shall send the intimation of issue of final pension payment orders 15 days in advance of the date on which the Government servant is due to retire (so that the retiring Government servant will have his pensionpayment on the date of his retirement) and also a copy to the Head of the Department. Head of the department shall watch the receipt of this intimation. The pension case has to be shown as pending and pursued till the issue of pension payment order. ] 322. All authorities dealing with applications for pensions under these Rules should bear in mind that delay in the payment ofpensions involves particular hardship. It is essential to ensure, therefore, that a Government servant begins to receive his pension on the date on which it becomes due. Note.- There are cases in which certain sums are due to Government from a Government servant at the time of his retirement, e.g., over issue of pay, allowances or leave salary, or admitted or obvious dues such as house rent, life insurance premia, outstanding balance of various advances. etc. These sums cannot be recovered from the pension of a Government servant without his consent. Authorities sanctioning pension should therefore ensure that these outstanding sums are brought to the notice of the Government servant concerned with the least possible delay, and that he is requested to pay up the dues before formally sanctioning the final pension. It is emphasised that, while these recoveries should be made before the pension is finally sanctioned, care should be exercised to ensure that these is no avoidable delay either in informing the Government servant concerned of the total amount due by him to Government or in sanctioning the final pension after this amount has been recovered. 323. Every Officer competent to sanction pension should obtain in 1[May and November each year,] from the subordinate officer. a list of Government servants under him due to retire within two years (which can easily be complied from the annual return of establishment, in the case of non-gazetted servants and from the Civil list in the case of gazetted servants}, and specially watch that pension papers are forwarded to the Audit Office in all these cases in advance as prescribed by obtaining a report about them from their subordinates, month after month, and by insisting on any undue delay being satisfactorily explained. 2[District Officers of the Department shall ensure the prompt settlement of pension claims in the subordinate offices under their jurisdiction. For this purpose, when the pension records are forwarded by the Head of the Office to the Accountant General a copy of the forwarding letter shall be endorsed to the District Officer also under their jurisdiction to enable him to make suitable entries in the watch Register maintained by him. The Accountant General will also endorse a copy of the letter authorising pensionary benefits to the concerned District Officer to enable him to complete the entries in the Watch Register maintained by him. The monthly return in Form 21 should be sent by all District Principal Officers of all Departments.] 1[Note :- The list of retiring Government servants shall be sent to Government in the Finance Department and to the Audit Office as prescribed in sub-rule (2) of rule 96.] 3[323-A. The Audit Officer shall send to every Gazetted Officer a copy of Rules 321, 325 and 327 one year in advance of the date on which the Officer attains his age of superannuation, or as soon as possible before the date from which he has formally sought permission to retire, if earlier, with the remark that there is likely to be delay in the commencement of his pension if he does not submit a formal application as soon as the rules permit.] 1. Amended by No. FD 140 SRS 73 dated 30-08-1974 (w.e.f. 19-9-1974) 2. Substituted by No. FD 1 SRA 97 dated 23.4.1998 (w.e.f. 15.10.1998) 3. Inserted by No. FD 15 SRS 63 dated 28-03-1963. 324. Every officer competent to sanction pension should hold responsible one of his assistants for seeing the pension cases pending in the several offices under his control are disposed of promptly and got finally settled with the least possible delay. 325. Questions affecting the pension or pensionable service of a Government servant which for their decision depend on circumstances known at the time shall be considered as soon as they arise. Any question which for its decision depends on possible circumstances that may arise in future or on hypothetical conditions may be raised discussed as soon as the permissible period for submission of formal application for pension under Rule 321 begins. 326. The application of a non-gazetted Government servant shall be submitted to the authority competent to sanction his pension. If such authority is not the head of the office in which the applicant is serving, the application shall be submitted through such head, who shall attach to it the applicant's service book or service roll, as the case may be. 1[327(1). A gazetted officer shall submit his formal application for pension one year in advance of the date of superannuation to the Accountant General who shall build up his pension records in Form 7 and intimate to Government in the Administrative Department concerned in the Secretariat through the Head of the Department the title to service gratuity or pension and DCRG admissible at least three months before the date of retirement of the officer for issuing sanction to service gratuity/ pension and DCRG. (2) The Accountant General shall undertake the work ofpreparing pension papers in Form 7 one year before the date on which the Government servant is due to retire on superannuation or the date on which he proceeds on leave preparatory to retirement, whichever is earlier. This work shall not be delayed till the Gazetted officer actually submits his application for pension. (3) Soon after receipt of the intimation referred to in sub-rule (1), from the Accountant General, the Head of the Department shall certify in Form 7-A, whether the character, conduct and past service of the officer are such as to entitle him 1. Substituted by No. FD 140 SRS 73 dated 30-08-1974 (wef 19-9-1974) to full pension and then forward it to the administrative department concerned in the Secretariat. Note :- Entries in Form 7-A in respect of Heads of Department and Secretaries to Government shall be made by the Chief Secretary under the orders of Government. (4) The Administrative Department concerned in theSecretariat shall forward Form 7-A with the sanction to pension / gratuity and DCRG duly recorded therein together with the facts, if any, having a bearing on pension and DCRG, to the Accountant General under intimation to the Finance Department within one week from the date of retirement of the Gazetted Officer. (5) Sanction will be assumed by the Accountant General ifnothing is heard within a period of two weeks from the date of retirement of the Government servant either from the Head of the Department or the Administrative Department concerned in the Secretariat. ] 328. 1[xxx] 2[329.(a) In the case of a Government servant no longer in active service, a last pay certificate shall be obtained before making final payment of pension / gratuity. Exception:- Notwithstanding the provisions of this clause, in cases where a surety bond or a cash deposit has been obtained or a suitable portion of DCRG has been withheld towards any demand remaining unassessed or unrealised for any reasons on the date of retirement of the Government servant, the Accountant General need not wait for the receipt of the last pay certificate before making final payment of pension / gratuity. (b) Government, in the case of Gazetted Officers, and Head of the Department or a Gazetted Officer subordinate to him not lower in rank than the principal District Officer of the Department 3[xxx] in the case of non-gazetted officer, shall be competent to sanction pensions. Such authority shall, after due consideration of the facts of the case and having due regard to the provisions of rule 289, record its orders in Form 7-A as to whether the service has been satisfactory and is approved for 1. Deleted by No. FD 69 SRS 66 dated 10-10-1968. 2. Substituted by No. FD 140 SRS 73 dated 30-8-1974 (wef. 19-9-1974) 3. Amended by No. FD 203 SRS 74 dated 22-4-1975 (w.e.f. 19-9-74) the grant of full pension admissible under the rules, or whether the service has not been thoroughly satisfactory and what reduction should, for that reason, be made from the full pension and/or gratuity admissible under the rules. The pension sanctioning authority shallkeep a copy of Form 7-A before forwarding it to the Accountant General. Note :- The power vested in the Chief Secretary to Government under this clause will be exercised by the Deputy Secretary to Government, General Administration Department provided that no order regarding reduction in the amount of pensionis made without the prior approval of the Chief Secretary. 1[329-A. As soon as a Government servant completes twenty-five years of service the Audit Officer concerned in the case of a Gazetted Government servant or the Head of Office, in consultation with the Audit Officer concerned, in the case of a non-gazetted Government servant, shall in accordance, with 2[the rule330] verify the service rendered by such Government servant, determine the qualifying service and communicate to him the period of qualifying service so determined. Provided that any such verification shall be subject to final verification of qualifying service which shall be made at the time of retirement of the Government servant.] 330. 3[xxx] The Head of the Office shall [xxx] prepare a statement of the applicant's services in the second page of Form 7 and arrange to verify them according to the following procedure:- (i) All the information procurable from the Service Book ofthe Government servant shall first be gathered. The information thus received shall then be forwarded to the Audit Officer concerned along with the statement and his service book [xxx] for verification. [xxx] The Audit Officer shall check the statement and return the records. (ii) If there is any discrepancy, the Audit Officer shall detail the nature of such discrepancy; for instance, that the post which the applicant is stated to have filled during a certain period is shownin the Audit Office records to have been filled by another person. The authority submitting the statement shall settle such discrepancy to the satisfaction of the Audit Officer before allowing the disputable service to count for pension. 1. Amended by No, FD 140 SRS 73 dated 30-8-1974 (w.e.f. 19-9-1974) 2. Amended by No. FD 57 SRS 76 dated 11-7-1977 (w.e.f. 28-7-1977) 3. Amended by No. FD 50 SRS 69 dated 21-10-1971 (iii) If the service claimed cannot be wholly verified fromthe records of the Audit Office, reference shall be made to the head of office in which the applicant is shown to have served during the period in doubt, unless the services in question have already been verified and a certificate of verification recorded in the service book. 1[(iv) If any portion of service rendered by a Government servant is not capable of being verified in the manner specified in clauses (i), (ii) and (iii), the applicant shall file a written statement on plain paper stating that he had in fact rendered that period of service and shall at the foot of the statement make and subscribe to a declaration as to the truth of that statement shall in support of such declaration, produce all documentary evidence and all information which is in his power to produce or furnish. ] Note 1:- The power to admit service verified under this clause may be exercised by all subordinate authorities that are empowered to sanction pension under these Rules. Note 2:- The Heads of departments should be careful in giving certificates to their subordinates removed from service, to state the whole truth in respect of character and cause of dismissal or resignation of appointment, as the suppression of true reason for which the subordinate had been removed from his appointment may obviously be injurious to the interests of the public service. Note 3:- The documents produced as documentary evidence as certificates such as those given by an officer to the subordinate on his leaving the office and the testimony of contemporary Government servants referred to above, should actually have been issued during the period for which the service of an officer is declared to be unverifiable. Certificates etc., given by retired Gazetted officers after the lapse of several years should not be accepted as proper evidence. Exception :- In the case, however of employees of the Electrical Department who entered service in the department prior to 1936 and whose pension cases have to be settled in the absence of records prior to that date, and in the cases of those whose service records were destroyed in the accident that occurred at Sivanasamudram in 1944, certificates granted by 1. Substituted by FD 97 SRS 67 dated 12-12-1967. retired Gazetted officers even after the lapse of years, may as a special case, be accepted when they are countersigned by the Chief Electrical Engineer of Karnataka in token of his being satisfied that the retired Gazetted officers were actually in the service of the Electrical Department. 331 1[xxx] 332.(a)(i) The Head of the office shall undertake the work of preparation of pension records twelve months before the retirement of the Government servant. This should be done irrespective of the fact whether a formal application for pension has been received from the Officer or not. If at the time the application in Form 7 is drawn up, a formal application from the officer has not yet been received, entries against items 14,16, 17 and 18 on the first page of Form 7 shall not be filled up at the stage. The relevant entries shall be made soon after the formal application is received. However, if by the time the formal application is received the application in Form 7 has already been sent to the Audit Officer, the formal application shall immediately be forwarded to the Audit Officer who will complete the necessary entries. 2[(ii) The Head of the Office shall also follow directions contained 3[in Rule 327(2).] If the application is for an Invalid Pension the requisite medical certificate shall be attached to the application. Note.- If the medical examination of the applicant was not conducted on the date on which he ceased to perform duty, the authority competent to sanction the pension may accept a medical certificate bearing a later date.] (b) He shall then arrange, with the application, all thedocuments relied upon for the verification of the service claimed in such manner that they can be conveniently consulted, and forward them together with the Government servant's service book or service roll, through the authority empowered to sanction the pension to the Audit Officer with a forwarding letter in the form given in Form 11. 1. Amended by No. FD 140 SRS 73 dated 30-8-1974 (w.e.f. 19-9-1974) 2. Substituted by No. FD 69 SRS 66 dated 10-10-1968 3. Inserted by No. FD 50 SRS 69 dated 21-10-1971 1[(c) The Authority competent to sanction the pension shall then check the pension papers with reference to his own office records and then forward the pension papers duly according sanction to pension and Death-cum-Retirement Gratuity in Form 7-A to the Audit Officer at least 2[3 months] before the date on which the Government servant is due to retire. In case the pension records cannot thus be sent in time, the pension sanctioning authority shall sanction payment of anticipatory service gratuity / pension / Death-cum-Retirement Gratuity in terms of Rule 341 and note below Rule 348 and record the details of such sanction in the service book of the retired Non-Gazetted Government servant. The pension records shall then be finalised and forwarded to the Audit Officer with the least possible delay after duly recording sanction in Form 7-A.] 3[Note :- The pension sanctioning authorities shall not authorise any anticipatory payments unless they have with them the service book of the Government servant concerned; (d) The Audit Officer shall assume sanction to the pension and DCRG if such sanction is not received by him within two weeks from the date of retirement of the Government servant provided the pension records are otherwise complete in all respects.] 333. The documents which should accompany the application for pension other than a Family pension are enumerated below. .(1) Application for pension in the prescribed form. .(2) Invalid certificate (if the claim is for invalid pension.) .(3) Service book duly completed. .(4) Statement of service showing the period verified. .(5) Memo of average emoluments. .(6) Last pay of certificate. (7) A copy of the first and second pages of application forpension duly attested. 1. Inserted by No. FD 50 SRS 69 dated 21-10-1971 2. Substituted by No. FD 40 SRS 89 dated 23-6-1989 (w.e.f. 13-7-1989). 3. Inserted by No. FD 140 SRS 73 dated 30-8-1974 (w.e.f. 19-9-1974) (8)(a) Two specimen signatures duly attested 1[or two slips bearing the left hand thumb and finger impressions (in the case of persons who are illiterate and cannot sign their names) (b) Two certified copies of passport size photograph in addition to (a) above.] (9)(a) Declaration from the pensioner regarding non-receipt of any pension or gratuity required under the note below Rule 327. .(b) Declaration from the pensioner regarding grant ofAnticipatory Pension and anticipatory Death-cum-Retirement Gratuity if some delay is anticipated in the verification of his service. 2[xxx] 3[335.(1) On receipts of the pension papers passed on to him under the provisions of Rules 329 or 332, the Audit Officer shall apply the requisite checks and record his audit enfacement in Form 7, showing the total period of qualifying service which has been verified and accepted for the grant of pension and / or gratuity, the amount and the date from which it / they is / are admissible, etc. If the pension is payable in his circle of audit he shall thereafter prepare the pension payment order on the basis of the orders of the pension sanctioning authority and the audit enfacement but 4[shall not issue it 5[earlier than thirty days] from the date of retirement of the Government Servant.] The fact of issue of the pension payment order shall be promptly reported to the pension sanctioning authority, and the pension papers no longer required, returned to him. 6[The application in Form 7 shall be retained for record in the Audit Office.] (2) If the pension is to be paid in another circle of audit,the Audit Officer shall send a copy of the pension application 1. Amended by No. FD 123 SRS 60 dated 9-11-1960 (wef 17-11-1960) 2. Deleted by No. FD 50 SRS 69 dated 21-10-1971. 3. Amended by No. FD 56 SRS 60 dated 11-1-1961 (wef 1-4-1961) 4. Amended by No. FD 140 SRS 73 dated 30-8-1974 (wef 19-9-1974) 5. Amended by No. FD 11 SRA 93 dated 26-2-1994 (wef 24-3-1994) 6. Inserted by No. FD 131 SRS 61 dated 30-12-1961. with the orders of the sanctioning authority and his auditenfacement, along with the last pay certificate if received, to the Audit Officer of that circle, 1[not earlier than thirty days] from thedate of retirement of the Government servant] who shall, preparethe necessary pension payment order and take further action asindicated in clause (1) above. Note :- If the pension papers are plainly incorrect orincomplete, the Audit Officer shall return them promptly for correction or explanation. (3) The Audit Officer shall record briefly in the columnreserved in Form 7, his reasons for disallowing any service claimed.Any other disallowances should be recorded in the audit enfacementon the third page with reasons therefor.] 2[335-A. The pension sanctioning authority shall furnish tothe Audit Officer demi-officially, by registered post, the facts, if any, having a bearing on the pension and DCRG, within a week fromthe date of retirement of the Government servant. The pension sanctioning authority shall be held personallyresponsible for any loss caused to Government by his omission toinform, within the prescribed period, the Audit Officer about the facts having a bearing on the pension and DCRG of the Governmentservant.] 3[335-B. The pension sanctioning authorities shall maintaina watch register in two parts in Form No. 11A, review it on the first of every month and ensure that the time limits prescribed in Rules282-A, 329-A, 332, 332 (a) (i) and (c), 335-A and 347-A are strictlyadhered to. The fact of despatch of the service records / pensionrecords / information shall also be indicated in the monthly returndue to the Finance Department.] 4 [xxx] 338.(1) Should the amount of pension granted to aGovernment servant be afterwards found to be in excess of that to which he is entitled under these Rules he shall be called upon torefund such excess. 5[For this purpose the Government servant concernedshall be served, with a notice by the pension sanctioning authority, requiring him to refund the excess payments within a 1. Amended by NO.FD 11 SRA 93 dated 26-2-1994 (w.e.f. 24-3-1994) 2. Amended by No. FD 140 SRS 73 dated 30-8-1974 (w.e.f. 19-9-1974) 3. Inserted by No. FD 29 SRS 75 dated 19-8-1975 (w.e.f. 23-10-1974) 4. Deleted by No. FD 56 SRS 60 dated 11-1-1961 (w.e.f. 1-4-1961). 5. Inserted by No. FD 128 SRS 60 dated. 31- 10- 1961 (w.e.f. 10-11-1961) period of two months from the date of receipt by him of the notice.On his failure to comply with the notice, the pension sanctioningauthority shall order that such excess payments shall be adjustedby short payments of pension in future in one or more instalments,as the authority may order.] 1[Note :- The above procedure shall be applicable also tothe recovery of excess payments of family pension from the legalheirs or members of the family of the deceased Governmentservant.] 2[2(a) In case where a portion of qualifying service at theend has remained unverified at the time of issue of the pensionpayment order by the Audit Officer, due to the fact that the pension application was sent to the Audit Officer before his date of retirement, the Audit Officer will authorise the pension provisionally in the firstinstance. (b) If, after the pension application in form 7 has beenforwarded to the Audit Officer, any event occurs which has a bearingon the amount of pension admissible, the fact shall be promptlyreported to the Audit 0fficer by the pension sanctioning authority. If no such event has occurred, a report to that effect together with acertificate as to the satisfactory nature of the service rendered bythe Government servant after the pension application was originallyforwarded, shall be sent to the Audit Officer within a week from the date on which the Government servant retires. At the same time details of any Government dues outstanding against the Governmentservant and the steps taken to safeguard the interest of theGovernment in this behalf shall also be intimated to the Audit Officer.] 3[xxx] 4 [xxx] 339.(a) If, in any case. any interpretation of the rules isinvolved or if any indulgence not provided for by the rules isproposed, the head of the department should submit the case, withhis opinion and recommendation to Government. (b) Until the orders of Government are received, arecommendation for any special indulgence should never becommunicated directly or indirectly, to the Government servant concerned. 1. Inserted by No. FD 1 SRS 63 dated 5-3-1963 2. Amended by No. FD 56 SRS 60 dated 11-1-1961 (w.e.f. 1-4-1961). 3. Amended by No. FD 18 SRS 77 dated 3-8-1978 (w.e.f. 10-8-1978) 4. Amended by No. FD 46 SRS 62 dated 10-10-1962. (c) An application in the prescribed Form should accompanyevery special recommendation made under this Rule. 340. When special circumstances appear to justify a departure from the rules laid down regarding ordinary pensions, Government may grant an arbitrarily fixed sum rather than any exact proportion of the amount to which the rules may afford a claim. ANTICIPATORY PENSIONS 1[341. (a) When a Government servant is likely to retire before his pension can be finally assessed and settled, 2[the Accountant General in the case of Gazetted Officers and the authority competent to sanction pension in the case of Non-Gazetted Officers] shall sanction the disbursement of pension to which, after the most careful summary investigation that he can make without delay, he believes the Government servant to be entitled. 2[The bill in respect of anticipatory pension of a Non-Gazetted Government Servant shall be preferred in 3[(Form KTC 46-B.)] .(b) The disbursement of pension under clause (a) shall besubject to revision on the completion of the detailed investigation and enquiries if any. If the amount of pension granted to a Government servant be afterwards found to be in excess of that to which he is entitled under the rules, he shall be called upon to refund such excess. For the purpose of recovering the excess, if any, the procedure laid down in rule 338 (1) shall be followed. .(c) If 2[the Accountant General in the case of Gazetted Officers and the authority competent to sanction pension in the case of Non-Gazetted Officers] thinks it likely that in a case contemplated in this Rule the Government servant would be entitled to gratuity only, he may sanction the disbursement of not more than three fourths of the amount of such probable gratuity to which after the most careful summary investigation that he can make without delay, he believes the Government servant to be entitled. 1. Substituted by No. FD 65 SRS 63 dated 16-4-1964. 2. Amended by No. FD 50 SRS 69 dated 21-10-1971 3. Amended by No. FD 51 SRS 78 dated 3-11-1978 (w.e.f. 9-11-1978). If the amount of gratuity disbursed proves to be larger than the amount found actually due upon completion of the inquiries, the gratuitant shall not be required to refund any excess actually disbursed to him, except as provided in Chapter XX. .(d) The payment of anticipatory pension should be soarranged that it is not delayed beyond the first day of the month following the month in which the Government servant is due to retire. .(e) Production of a last pay certificate is not necessary forthe disbursement of Anticipatory pension / Gratuity and Anticipatory Death-cum-Retirement Gratuity and commuted value based on Anticipatory Pension. To enable the 1[Accountant General] to know the date from which the Anticipatory payments should commence, a communication as contemplated in clause (3) of Rule 338 should be sent to him.] 1[Note 1:- The anticipatory pension/service gratuity sanctioned under this Rule shall not exceed 75 per cent of the amount calculated by the Pension Sanctioning Authority as due to the retiring Non-Gazetted Government servant (after taking into account the amount due to Government from him in the case of anticipatory service gratuity). The anticipatory pension shall be sanctioned by the pension sanctioning authorities for a period of six months from the date of retirement which may be extended in individual cases with the approval of the Accountant General. Copies of such sanctions accorded by the pension sanctioning authorities should be endorsed to the Audit Officer and the Drawing and Disbursing Officer under whom the retiring Non-Gazetted Government servant was serving at the time of retirement. The Drawing and Disbursing Officer will draw the anticipatory pension on a separate bill form for each pensioner and disburse it to the pensioner in cash or by remittance by Money Order or Bank Draft, if so desired by the pensioner, the commission charged being borne by the Department as contingent expenditure. 2[Note 2 :- The Pension Sanctioning Authority shall be the Drawing and Disbursing Officer in respect of Local Bodies.] 3[342 xxx] 4[343 xxx] 1. Amended by No. FD 50 SRS 69 dated 21-10-1971 2. Inserted by No. FD 82 SRS 73 dated 7-9-1973 3. Deleted by No. FD 69 SRS 66 dated 10-10-1968 4. Deleted by No. FD 65 SRS 63 dated 16-4-1964.
DEATH-CUM-RETIREMENT GRATUITY
344. When the gratuity is payable to the Government servant on his retirement:- On receipt of the certificate of the Accountant General the competent authority who will be the same as the authority competent to sanction the pension of the Government servant concerned, may formally sanction the gratuity. 1[If the Government servant dies before receiving payment, the amount will be payable in the manner indicated in sub-rules (i) and (ii) of Rule 292.] Note :- The procedure prescribed in Rule 336 in regard to the provisional payments of pensions may be followed in the case of provisional payment of Death-cum-Retirement Gratuity also. 2[345. If the Government servant has executed a nomination in the prescribed form and the nomination subsists, the Head of the Department / office should on receipt of the report of the death of the Government servant draw up the particulars of the deceased Government servant and the statement of the services rendered by him, in the first and second pages of Form 7. If there is no nomination or if the nomination does not subsist, the gratuity is payable only in the manner indicated in Rule 292 and in such cases the Head of the Department/Office need draw up the particulars of the deceased Government servant and the statement of the services rendered by him only on receipt of an application for the gratuity in Form 9 from or on behalf of the persons entitled to receive the gratuity. The application for gratuity, the particulars of the deceased Government servant and the statement of the services rendered by him along with orders of the pension sanctioning authority in Annexure I to Form 9 and other relevant documents will be forwarded to the Accountant General who after applying the requisite checks and recording the audit enfacement will authorise payment of the amount of the gratuity on the authority of the sanction already recorded by the pension sanctioning authority on the application.] 1. Substituted by No. FD 156 SRS 58 dated 14-8-1958 (w.e.f. 28-8-1958) 2. Substituted by No. FD 58 SRS 62 dated 17-11-1962. 1[345-A. When a person who was entitled to receive death-cum-retirement gratuity on the death of a Government servant dies before getting the payment: The eligibility of a person to receive the amount or share of death-cum-retirement gratuity should be determined with reference to the facts as they stand on the date of death of a Government servant and any subsequent event (e.g., remarriage of a widow, marriage of an unmarried daughter, sister, etc.,) will not affect that entitlement. If, however, a person who was entitled to receive death-cum-retirement gratuity on the date of death of a Government servant, dies before getting the payment, the amount or share of gratuity should be re-distributed in the manner indicated below:- .(a) In cases of 'no nomination', the amount or share of thegratuity admissible to the person concerned should be distributed in equal shares among the surviving eligible members of the family of the deceased Government servant. .(b) If the person concerned was a nominee, the right to theamount or share of death-cum-retirement gratuity will pass on to the alternate nominee or nominees. In case there is no alternate nominee, the amount or share of gratuity should be paid in equal shares to the co-nominees of the person concerned, if any, and failing that it should be distributed in equal shares among the surviving eligible members of the family of the deceased Government servant as in (a) above.] 2[345-B. Payment of death-cum-retirement gratuity to a minor; (1) Where no valid nomination subsists- (i) 3[Where, however, there is no surviving parent or the surviving parent is a Muslim Lady, payment of death-cum-retirement gratuity to the extent of Rs.3000 (or the first Rs.3,000 where the amount payable exceeds Rs.3,000) in favour of a minor may be made to his / her guardian, without the production of a formal guardianship certificate but subject to the production of an indemnity bond with suitable sureties to the satisfaction of the sanctioning authority. The balance in excess of Rs.3,000 if any, shall be payable on the production of a certificate of guardianship. 1. Substituted by No. FD 43 SRS 61 dated 26-7-1961 (w.e.f. 26-7-1961) 2. Amended by No. FD 249 SRS 59 dated 19-2-1960 (w.e.f. 26-2-1960) 3. Amended by No. FD 37 SRS 61 dated 13-9-1962. Note 1:- The competent authority sanctioning payment under this sub-rule, should also require the person, who comes forward to claim payment on behalf of the minor, to satisfy him by an affidavit that he is in charge of the property of the minor and is looking after it, or that if the minor has no property other than the gratuity, the minor is in his custody and care. 1[Note 2 :- The indemnity bond required to be produced by a guardian of a minor shall be executed in Form 8-A. The stamp duty payable on the indemnity bond will be borne by Government. The indemnity bond shall be executed on any durable plain paper and shall be signed by the Obligor and the Surety / Sureties or their respective attorneys appointed by power(s) of attorney. It shall be accepted on behalf of the Governor by an officer duly authorised under Article 299(1) of the Constitution. ] (ii) When a share is payable to widowed minor daughters,production of a guardianship certificate would be necessary. (iii) If, in a rare case, the wife herself happens to be a minor, the death-cum-retirement gratuity payable to her shall be paid to the person producing the guardianship certificate. (iv) When there are no surviving members of the family asin items (a), (b), (c), and (d) of sub-rule (i) of Rule 302 and the death-cum-retirement gratuity becomes payable to a minor brother or a minor unmarried sister, the payment should be made to the father or in his absence, the mother of the beneficiary except in a case where the mother happens to be a Muslim lady. In this case too, if there is no surviving parent or the surviving parent happens to be a Muslim lady, the payment will have to be made to the person producing the guardianship certificate. If any share is payable to a widowed minor sister the production of guardianship certificate would be necessary. (2) Where a valid nomination subsists,- (i) Where the nomination is in respect of one or more of themembers of the family, the procedure laid down in sub-rule (1) to this Rule shall apply. (ii) Where there is no family, the nomination in favour of an illegitimate child, a married daughter or a married sister shall also be valid. 1. Inserted by No. FD 9 SRS 66 dated 30-6-1966. If the nominee is an illegitimate child, share will be payable to the mother and, in her absence the production of a guardianship certificate would be necessary. If the share is payable to a married-minor girl the share will be payable to the husband. 1[Note. The term 'surviving parent' used in this Rule does not include surviving 'step-mother'.) 346. When the gratuity is payable in cases of death within five years from the date of retirement under rule 292 (iv)- in such a case the service of the Government servant would have been verified, and in other respects the procedure indicated in Rule 345 above may be followed.
FAMILY PENSION
2[347. Two types of cases may arise in connection with family pension, namely, cases where the pension is payable in accordance with the nomination executed by the Government servant /pensioner and cases where it is payable to the person mentioned in sub-rule (v) of Rule 294. In cases where the pension is payable to a person in the order mentioned in the nomination, the head of the Office/Department should, on receipt of the death report of the Government servant/ Pensioner direct the nominee to submit an application in Form No. 9. If there is no such nominee and an application in Form 9 is received from a person mentioned in sub-rule (v) of Rule 294, the Head of Office/Department may make such enquiries as may be necessary to ascertain whether the pension is payable to the applicant or to any other person mentioned in the aforesaid sub-rule. If the applicant is a person mentioned in clause (b) of that sub-rule, the head of the Office./ Department should satisfy himself by making such enquiries as may be necessary that the applicant was dependent on the Government servant / pensioner for support. The Head of Office / Department should then draw up the particulars of the deceased and the statement of services rendered by him in the first and second pages of Form 7. The application for family pension in Form 9, the particulars of the deceased Government servant and the statement of services rendered by him along with the orders of the pension sanctioning authority in Annexure II to Form 9, and other relevant documents will be forwarded to the Accountant-General who after applying the requisite checks and recording 1. Inscribed by FD 154 SRS 60 dated 5-10-1960. 2. Substituted by No. FD 58 SRS 62 dated 17-11-1962. the audit enfacement will authorise payment of the family pension specifying in the family pension payment order, the period for which the pension is payable and also indicating the event, if any, on the happening of which the payment should be stopped. In the matter of identification of the recipient of the family pension, the Treasury Officer will exercise the necessary checks. If the person to whom the family pension has been sanctioned dies or becomes ineligible for the pension before the expiry of the period for which the pension is otherwise tenable, the pension may be regranted to the next person eligible to receive it for the unexpired portion of that period and the foregoing procedure should be followed in such cases also. If a family pension is payable to a minor, it shall be paid to the surviving parent, except in the case where the surviving parent happens to be a Muslim lady, without insisting upon the production of a guardianship certificate from a Court of Law. Where. however, there is no surviving parent it shall be paid to a guardian appointed by the Deputy Commissioner of the district in which the minor pensioner is residing. But where the surviving parent happens to be a Muslim lady, payment shall be made to the person producing a guardianship certificate obtained from a competent Court of Law. In such cases a descriptive roll (in duplicate) of the person who may be authorised to receive payment should accompany the application in Form 9. Note 1 - The payment to the guardian appointed by the Deputy Commissioner shall be made subject to the production of an indemnity bond by such guardian with suitable sureties to the satisfaction of the sanctioning authority and after the solvency of the guardian and / or sureties is verified by the Deputy Commissioner once a year during the period of the payment. Note 2 - The term 'surviving parent' used In this Rule does not include surviving step-mother.] 2[347-A. The pension sanctioning authority shall ensure that the family pension and D.C.R.G. are settled in favour of the beneficiaries within two months from the date of death of the Government servant.] 1. Substituted by No. FD 37 SRS 61 dated 18-1-1963. 2. Inserted by No. FD 140 SRS 73 dated 30.8.1974 (wef 19.9.1974). 1[347-B.The Audit Officer shall assume sanction to the Family Pension and the Death-cum-Retirement Gratuity, if such sanction is not received by him within two months from the date of death of the Government servant, provided the pension records are otherwise complete in all respects.] 2[348. When a Government servant who is entitled to Death-cum-Retirement Gratuity is likely to retire before the amount of the gratuity can be finally assessed and settled in accordance with the procedure mentioned above, the Accountant General in the case of Gazetted officers and the authority competent to sanction pension in the case of Non-Gazetted officers may sanction the disbursement of not more than three-fourths of the net amount of gratuity to which, after the most careful summary investigation that he can make without delay duly taking into account all dues to Government, such as House Building Advance, House Purchase Advance, Motor Cycle Advance he believes the Government servant to be entitled on the basis of his continuous temporary and permanent service. In the event of death of the Government servant, similar payment of gratuity, may also be authorised in the appropriate proportion to the nominee(s) or in case of no nomination to the member(s) of his family in accordance with the relevant orders issued from time to time as the case may be. Anticipatory family pension may be paid only when the Accountant General in the case of Gazetted officers and the authority competent to sanction pension in the case of non-Gazetted Government servants is satisfied that the qualifying service as verified upto the date of sanction to such pension is not less than twenty years qualifying service and the amount of such pension does not exceed three-fourths of the amount admissible on the basis of the qualifying service verified upto the date of sanction. For the payment of anticipatory family pension and anticipatory Death-cum-Retirement Gratuity the procedure prescribed in Rule 341 regarding the payment of anticipatory pension may be followed.] 3[349.xxx] 1. Inserted by No. FD 78 SRS 75 dated 16.2.1976 (wef 19.8.1976). 2. Substituted by No. FD 26 SRS 75 dated 8.12.1975. 3. Deleted by No.FD 56 SRS 60 dated 11.1.1961 (wef 1.4.1961). 350. The Accountant General will then communicate to the Officer who is to pay the pension or gratuity, the authority to make the payment; in the case of a pension such authority will be a Pension Payment Order. 351. A gratuity is paid in a single sum and not by instalments, on receipt of the Accountant General's authority. 352. A gratuity may, at the discretion of Government, on the application of the recipient be converted either into a life annuity or into a temporary life annuity or into an annuity payable for a fixed number of years with remainder to the annuitant's heirs in case of his death. The amount of the life annuity or temporary life annuity will be determined by the table of commuted value of pensions (Rule 380). 353. Government will not permit the conversion of a gratuity into life annuity, or temporary life annuity, unless the expectation of life of the Government servant be reported by competent medical authority to be equal to the average. | 