Railway Services  (Pension) Rules -1993

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(RAILWAY BOARD) 

RAILWAY SERVICES (PENSION) RULES-1993 

(Embodying All Amendment  issued  dated 22.10.08  )
 

MENU
 

PREFACE 

Pension Rules as applicable to Railway Servants are presently contained in the Manual of Railway Pension Rules, 1950 and Indian Railway Establishment Code Volume-II (1971 edition). While the Establishment Code was up-dated in the year 1987, the Chapters therein on Pension Rules, Commutation of Pension Rules and Extra­ordinary Pension Rules were not taken up for revision as it was intended to bring out a separate self contained volume on Railway Pension Rules incorporating the vast changes in the rules and a large number of executive instructions on the subject issued ever since the Establishment Code was last brought out in 1971. Similarly, the Manual of Railway Pension Rules, which actually is meant for the guidance of staff dealing with pension work, was last reprinted in the year 1969 incorporating corrections up to 1st September, 1969. 

The present volume is thus, a self-contained compilation codifying all the Pension Rules applicable to Railway Servants in the form of statutory rules, on the pattern of Central Civil Services (Pension) Rules, 1972 applicable on the civil side. 

Titled broadly as "Railway Services (Pension) Rules", 1993, the compilation actually embodies the existing rules in three parts namely (i) Railway Services (Pension) Rules (ii) Railway Services (Commutation of Pension) Rules, and (iii) Railway Services (Extraordinary Pension) Rules so that the three separate sets of rules are available in one volume to the advantage of particularly the Railway Personnel dealing with pension cases and settlement of Railway Staff over the vast stretch of Indian Railways. 

The provisions contained in the present book of "Railway Services (Pension) Rules", 1993 are issued by the President of India in exercise of the powers conferred on him by the proviso to Article 309 of the Constitution   of India.   These supersede all the rules and orders on the subject prevailing hitherto. 

In accordance with the Government of India's policy, this volume has been printed in diglot edition. 

The Railway Board will be glad to consider any suggestion from the Railway Administrations. 

PART – I

 FROM
 

PART I
 

RAILWAY SERVICES (PENSION) RULES, 1993

PART II

FORMS

PARTII

RAILWAY SERVCES (COMMUTATION OF PENSION) RULES, 1993

PART III

RAILWAY SERVICES (EXTRAORDINARY PENSION) RULES, 1993

CONTENTS

FORMS

PART-III

RAILWAY SERVICES (EXTRAORDINARY PENSION) RULES, 1993

CHAPTER 1

PRELIMINARY
 

 In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules, namely: - 

1.         Short title and commencement-

(1) These rules may be called the Railway Services (Pension) Rules, 1993.

(2) They shall come into force on the date of their publication in the Official Gazette. 

2.         Application- Save as otherwise expressly provided in these rules, these rules shall apply to the following railway servants, namely:- 

Provided that nothing contained in these rules shall apply to railway servants appointed on or after the Ist day of January,2004.

(Authority: Railway Board’s letter No. F(E)III/2003/PN1/38(Amendment)I dated 30.12.2003) 

(1) any Group ‘D’ railway servant whose service was pensionable before the introduction of Pension System for Railway Servants on the 16^th  day of November, 1957; 

(2) any non-pensionable railway servants who was in service on the 16^th  day of November, 1957 and who elected to be governed by these rules, 

(3) any non-pensionable railway servant who was in service on the 1^st  day of January, 1986 and did not opt to be governed by the State Railway Provident Fund (Contributory) Rules; and 

(4) any person entering a railway service on or after the 16^th  November, 1957, except a person who is appointed on contract or re-employed after super-annuation or whose terms of appointment specifically provide to the contrary. 

3.      Definition- In these rules unless the context otherwise requires,             

(1) “Accounts Officer” means a Financial Adviser and Chief Accounts Officer of a railway or such other Officers as may be appointed in this behalf by the Railway Board; 

(2) “allottee” means  a railway servant to whom railway or Government accommodation has been allotted on payment of license fee or otherwise; 

(3) “average emoluments”… means average emoluments as determined in accordance with rule 50;
 

(4) “Code” means the Indian Railway Establishment Code, as amended from time to time; 

(5) “child” means son or unmarried daughter of a railway servant under twenty-five years of age and the expression “children” shall be construed accordingly; 

(6) “dearness relief” means a dearness relief with in the meaning of rule 75;

(7) “Defence Services” means services under the Government of India in the Ministry of Defence and the Defence Accounts Department under the control of the Ministry of Finance Paid out of the Defence Services Estimates and not permanently subject to the Air Force Act, 1950 (45 of 1950) or the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957);

(8) “emoluments” means emoluments as defined in rule 49; 

(9) “family pension” means family pension 1964 admissible under rule 75;                       

(10) “foreign service” means service in which a railway servant receives his pay with the  sanction of the Government from any source other than the Consolidated Fund of India or the Consolidated Fund of a State or the Consolidated Fund of a Union territory; 

(11) “Form” means a Form appended to these rules; 

(12) “Government” means the Central Government; 

(13) “Government dues or railway dues” means dues referred to in sub-rule (3) of the 15;

(14) “gratuity” includes-

(1)   service gratuity payable under sub-rule (1) of rule 69;

(2)   retirement gratuity or death gratuity payable under sub-rule (1) of rule70 and

(3)  residuary gratuity payable under sub-rule (2) of rule 70; 

(15) “Head of a department” means any authority whom the President may, by order, declare to be the Head of a department for the purpose of these rules;             

(16) “Head of Office” means a gazetted officer whom the appointing authority may, by order declare as Head of office and includes such other authority or person whom the appointing authority may specify in the like manner; 

(17) “Local Fund Administered by Government “ means the fund administered by a body which, by law or rule having the force of law, comes under the control of the Government and over whose expenditure the Government retains complete and direct control; 

(18)  “minor” means a person who has not completed the age of eighteen years: 

(19) “pension” includes gratuity except when the term pension is used in contra distinction to gratuity but does not include dearness relief.           

(20) “pension disbursing authority” means-

                                    (i)   Branch of a nationalised bank; or

(ii)  Treasury including sub-treasury or

(iii) Post office or sub post office authorised to disburse pension on
 behalf of Railways or

(iv) Accounts Office 

(21) “pension sanctioning authority” means the authority competent to sanction pension under these rules; 

(22) “qualifying service” means service rendered while on duty or otherwise which shall be taken into account for the purpose of pensions and gratuities admissible under these rules; 

(23) “railway servant” means a person who is a member of a railway service or holds a post under the administrative control of the Railway Board and includes a person who is holding the post of Chairman, Financial Commissioner or a Member of the Railway Board but does not include casual labour or Person lent from a service or post  which is not under the administrative control of the Railway Board to a service or post which is under such administrative control; 

(24) “retirement benefits” includes pension or service gratuity and retirement gratuity where admissible; 

(25) “service book” includes service roll, if any;  

(26) “substitutes” means a person engaged against a regular, permanent or temporary post by reason of absence on leave or otherwise of a permanent or temporary railway servant and such substitute shall not be deemed to be a railway servant unless he is absorbed in the regular railway service; 

(27) “Treasury” included a sub-treasury. 

4.      Meaning of word and expressions not defined in these rules- Words and expressions used herein and not defined but defined in the Code shall have meaning respectively assigned to them in that Code. 

5.   Government servants transferred from services and posts to which these rules do not apply.

(1) A Government servant whose service is pensionable under the Central Government shall become subject to these rules if he is permanently transferred to a railway service on or after first day of April,1957.

(2) Where sub-rule (1) applies, any amount paid by such Government servant to the General Provident Fund or any other non-contributory Provident Fund while in previous employment, alongwith the interest thereon standing to his credit shall be transferred to his new account in the State Railway Provident Fund (non-contributory).

(3) The previous service rendered by such Government servant shall be taken into account for the purpose of these rules to the extent permissible under these rules. 

NOTE - A temporary Government servant who has been or is likely to be retrenched from Civil Department and succeeds in securing employment in railway service while on terminal leave or before their services are actually terminated, shall also be treated as having been transferred. 

*****

CHAPTER II 

GENERAL CONDITIONS 

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

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

Provided that in the case of a railway servant who is retired prematurely or who retires voluntarily under the provisions or rules 1802 to 1804 of the Code or under the scheme of voluntary retirement after completing twenty years of qualifying service under rule 67, as the case may be, the date of retirement shall be treated as a non-working day. 

7.      Limitation on number of pensions- (1) A railway servant shall not earn two pensions in the same service or post at the same time or by the same continuous service. 

(2)  Except as provided in rule 34, a railway servant who, having retired on a superannuation pension or retiring pension is subsequently re-employed shall not be entitled to a separate pension or gratuity for the period of his re-employment. 

8.      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 may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct. 

Provided that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of rupees three hundred and seventy five per mensem. 

(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 judgment of the court relating to such conviction. 

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

(a) 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 

(b) stake into consideration the representation, if any, submitted by the pensioner under clause (a). 

(4) Where the authority competent to pass an order under sub-rule (1) is the President, the Union Public Service Commission shall be consulted before the order is passed. 

(5) An appeal against an order under sub-rule (1), passed by any authority other than the President shall, in consultation with the Union Public Service Commission, pass such orders on such appeal, as he deems fit. 

Explanation: In this rule the expression-           

(a) “serious crime” includes a crime involving an offence under the Official Secrets Act, 1923 (19 of 1923); 

(b) “grave misconduct” includes the communication or disclosure of any secret official code or password or any sketch plan, model, article, note, documents or information, such as is mentioned in section 5 of the Official Secrets Act, 1923 (19 of 1923) which was obtained while holding office under the Government so as to prejudicially affect the interests of the general public or security of the State. 

9.      Right of the President to withhold or withdraw pension. 

(1) The President reserves to himself the right of with holding or withdrawing a pension or gratuity, or both, either in full or in part, whether permanently or for a specified period, and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Railway, if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of his service, including service rendered upon re-employment after retirement; 

Provided that the Union Public Service Commission shall be consulted before any 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 rupees three hundred seventy five per mensem. 

 (2) The departmental proceedings referred to in sub-rue (1) - 

(a) if instituted while the railway servant was in service whether before his retirement or during his re-employment, shall after the final retirement of the railway servant, be deemed to be proceeding under this rule and shall be continued and concluded by the authority by which they commenced in the same manner as if the railway servant had continued in service. 

Provided that where the departmental proceedings are instituted by an authority subordinate to the President, that authority shall submit a report recording its findings to the President;

(b) if not institute while the railway servant was in service, whether before his retirement or during his re-employment- 

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

(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 in such place as the President may direct and in accordance with the procedure applicable to departmental proceedings in which and order in relation to the railway servant during his service. 

(1)   In the case of a railway servant who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are continued under sub-rule (2), a provisional pension as provided in rule 10 shall be sanctioned. 

(Authority: Railway Board’s letter No. F(E)III/99/PN 1/(Modification) dated 23.5.2000) 

(4)        Where the President decides not to withhold or withdraw pension but orders 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 railway servant. 

(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 railway servant or pensioner, or if the railway servant 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 cognisance, is made; and            

(ii) in the case of civil proceedings, on the date the plaint is presented in the Court. 

10.    Provisional Pension where departmental or judicial proceedings may be pending.

(1) (a) In respect of a railway servant referred to in sub-rule (3) of Rule 9, the Accounts Officer shall authorise the provisional pension not exceeding the maximum pension which would have been admissible on the bases of qualifying service up to the date of retirement of the railway servant or if he was under suspension on the date of retirement, upto the date immediately preceding the date on which he was placed under suspension. 

(b) The Provisional pension shall be authorised by the Accounts Officer during the period commencing from the date of retirement upto and including the date on which, after the conclusion of departmental or judicial proceedings, final orders are passed by the competent authority. 

(c) No gratuity shall be paid to the railway servant until the conclusion of the departmental or judicial proceedings and issue of final orders thereon; provided that where departmental proceedings have been instituted under the provisions of the Railway Servants Discipline and Appeal Rules, 1968, for imposing any of the penalties specified in clauses (i), (ii), (iii a) and (iv) of rule 6 of the said rules, the payment of gratuity shall be authorised to be paid to the railway servant. 

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

11.    Commercial employment after retirement- (1) If a pensioner who, immediately before his retirement was a member of Central Service Group ‘A’ wishes to accept any commercial employment before the expiry of one year from the date of his retirement, he shall obtain the previous sanction of the Government to such acceptance by submitting an application in Form 1: 

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

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

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

(a)               Whether a 'No Objection' for the proposed post retirement commercial employment has been obtained from the cadre controlling authority and from the office where the officer retired.

(b)               Whether the officer has been privy to sensitive or strategic information in the last three years of his service which is directly related to the areas of interest or work of the organisation which he proposes to join or the  areas in which he proposes to practice or consult.

             (c)       Whether there is conflict of interest between the policies of the office he has held in the last three years and the interest represented or work undertaken by the organisation he proposes to join.

Explanation:- For the purposes of this clause, "conflict of interest" shall not include normal economic competition with the Government or its undertakings.

(d)               Whether the organisation he proposes to join has been known to be in any way in conflict with or prejudicial to India's foreign relations, national security and domestic harmony, and whether the organisation is undertaking any activity for intelligence gathering.

(e)               Whether service record of the officer is clear, particularly with respect to integrity and dealings with non-Government organisations.

(f)                Whether the proposed emoluments and pecuniary benefits are far in excess of those currently prevailing in the industry.

Explanation:- For the purposes of this clause, the words "far in excess", shall not be construed as to cover increase in such benefit that may be as a result of buoyancy in industry or in the economy as a whole.

            (g)        Any other relevant factor.

                (Authority: Notification vide RB’s  letter No. FileNo.E (G) 2007/EMl/l dated19.09.07)

(4)        Omitted

(Authority:- Railway Boards letter No. E(G) 2002 EM 1/1 dt. 19/23.08.2002) 

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

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

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

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

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

(i)      the financial circumstances of the pensioner concerned;

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

(iii)    any other relevant factor. 

(7) Every order passed by the Government under is rule shall be communicated to the pensioner concerned. 

(8) In this rule the expression- 

(a)     “commercial employment” means- 

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

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

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

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

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

Explanation: For the purpose of this rule the expression “employment” under a cooperative society includes the holding of any office, whether elective or otherwise such as that of President, Chairman, Manager, Secretary, Treasurer and the like, by whatever name called in such society; 

(b) “date of retirement”, in relation to a railway servant re-employed after retirement, without any break, either in the same or in another Group ‘A’ post under the Government or in any other equivalent post under a State Government, means the date on which such railway servant finally ceases to be so re-employed in Government service. 

12.    Restriction on practice in Income-tax and other cases after retirement- (1) No pensioner who, while in service retired from a post under the Department of Revenue in the Ministry of Finance, shall set up practice before the expiry of two years from the date of his retirement- 

(a)  in any area which was within the local limit of his jurisdiction during the last three years immediately before his retirement; 

(b)  in areas other than those referred to in clause (a) without the previous sanction of the President. 

(2) No pension shall be payable to such pensioner who sets up practice in contravention of sub-rule (1) in respect of any period for which he has set up practice or such longer period as the Government may direct.

 Explanation: For the purpose of this rule the expressions, 

(i) “practice” means practice, either independently or as a partner of a firm or a consultant or adviser in matters relating to Income-tax, Wealth tax, duties of customs, duties of Central Excise or estate duty, or as representative of assesses in proceeding under the enactment relating to the levy of such tax or duty; 

(ii)“date of retirement” shall have the same meaning as in explanation (b) to rule 11. 

13.       Employment after retirement under a Government outside India- If a pensioner who immediately before his retirement was a member of railway service, Group ‘A’, wishes to accept any employment under any Government outside India he shall obtain the previous permission of a Ministry of Railways (Railway Board), for such acceptance, and no pension shall be payable to a pensioner who accepts such an employment without proper permission in respect of any period for which he is so employed or such longer period as the Government may direct; 

Provided that a railway servant who was permitted by the Ministry of Railways (Railway Board) to take up a particular form of employment under any Government outside India during his leave preparatory to retirement shall not be required to obtain subsequent permission for his continuance in such employment after retirement. 

Explanation: For the purpose of this rule, the expression “employment under any Government outside India” includes employment under any local authority or corporation or any other institution or organisation which functions under the supervision or control of a Government outside India, or an employment under an International Organisation of which the Government of India is not a member. 

14.       Periods which shall not be treated as service for pensionary benefits-Periods of employment in any of the following capacities shall not constitute service for pensionary benefits, namely,- 

(i)      in a part-time capacity;

(ii)     at casual market or daily rates;

(iii)    in a non-pensionable post;

(iv)    in a post paid from contingencies except as provided in rule 31;

(v)     under a convenant or a contract which does not specifically provided for grant of pensionary benefits;

(vi)    work done on payment of a fee or honorarium;

(vii) Apprentice period  of Special Class Apprentices

(Authority: Railway Board’s letter No. F(E)III/99/PN 1/(Modification) dated 23.5.2000)

(viii) removal or dismissal from service in accordance with rule 40;

(ix)    resignation from service save as indicated under rule 41;

(x)     period of unauthorised absence in continuation of authorised leave of absence treated as overstay,

(xi)    joining time allowed to a railway servant transferred at his own request and not in public interest for which he is not entitled to be paid;

(xii)   period of service treated as dies-non;

(xiii)   foreign service in respect of which the foreign employer or railway servant has not paid service contributed unless the payment has been specifically waived by the President;

(xiv)  on contract basis ercept when followed by confirmation. 

NOTE:     Unpaid holidays, Sundays and short periods of leave for half-a-day or less granted to railway workshop staff shall be treated as qualifying service. 

15.       Recovery and adjustment of Government or railway dues from pensionary benefits- (1) It shall be the duty of the Head of Office to ascertain and assess Government or railway dues payable by a railway servant due for retirement. 

(2)  The railway or Government dues as ascertained and assessed, which remain outstanding till the date of retirement or death of the railway servant, shall be adjusted against the amount of the retirement gratuity or death gratuity or terminal gratuity and recovery of the dues against the retiring railway servant shall be regulated in accordance with the provisions of sub-rule (4). 

(3)  For the purposes of this rule, the expression “railway or Government dues” includes- 

(a)  dues pertaining to railway or Government accommodation including arrears of license fee, if any; 

(b)  dues other than those pertaining to railway or Government accommodation, namely balance of house-building or conveyance or any other advance, overpayment of pay and allowances, leave salary or other dues such as Post Office or Life Insurance premia, losses (including short collection in freight charges shortage in stores) caused to the Government or the railway as a result if negligence or fraud on the part of the railway servant while he was in service. 

(4) (i)   A claim against the railway servant may be on account of all or any of the following: - 

(a)  losses (including short collection in freight charges, shortage in stores) caused to the Government or the railway as a result of negligence or fraud on the part of the railway servant while he was  in service; 

(b)  other Government dues such as over-payment on account of pay and allowances or other dues such as house rent, Post Office or Life Insurance Premia, or outstanding advance, 

(c)  non-Government dues. 

 (ii) Recovery of losses specified in sub-clause (a) of clause (i) of this sub-rule shall be made subject to the conditions laid down in rule 8 being satisfied from recurring pensions and also commuted value thereof, which are governed by the Pension Act, 1871 (23 of 1871). A recovery on account of item (a) of sub-para (i) which cannot be made in terms of rule 8, and any recovery on account of sub-clauses items (b) and (c) of clause (i) that cannot  be made from these even with the consent of the railway servant, the same shall be recovered from retirement, death, terminal or service gratuity which are not subject to the Pensions Act, 1871 (23 of 1871). It is permissible to make recovery of Government dues from the retirement, death, terminal or service gratuity even without obtaining his consent, or without obtaining the consent of the member of his family in the case of a deceased railway servant. 

                 (iii)  Sanction to pensionary benefits shall not be delayed pending recovery of any
                        outstanding Government dues. If at the time of sanction, any dues remain
                        unassessed or unrealised the following courses should be adopted: - 

(a)        In respect of the dues as mentioned in sub-clause (a) of clause (i) of this sub-rule. A suitable cash deposit may be taken from the railway servant or only such portion of the gratuity as may be considered sufficient, may be held over till the outstanding dues are assessed and adjusted. 

(b)        In respect if the dues as mentioned in sub-clause (b) of clause (i) of this sub-rule- (1) The retiring railway servant may be asked to furnish a surety of a suitable permanent railway servant. If the surety furnished by him is found acceptable, the payment of his pension or gratuity or his last claim for pay, etc. should not be with held and the surety shall sign a bond in Form 2. 

            (2)        If the retiring railway servant is unable or nor willing to furnish a surety, then action shall be taken as specified in sub-clause (a) of sub-clause (iii). 

            (3)        The authority-sanctioning pension in each case shall be competent to accept the surety bond in Form 2 on behalf of the President. 

            (c)        In respect of the dues as mentioned in sub-clause (c) of clause (i) The Quasi-
                        Government and non-Government dues, such as amounts payable by a railway
                        servant to Consumer Cooperative Societies, Consumer Credit Societies or the
                        dues payable to an autonomous organisation by a railway servant while on
                        deputation may be recovered from the retirement gratuity which has become
                        payable to the retiring railway servant provided he gives his consent for doing
                        so in writing to the administration. 

            (iv)       In all cases referred to in sub-clauses (a) and (b) of clause (I) of this sub-rule, the amounts which the retiring railway servants are required to deposit or those which are with held from the gratuity payable to them shall not be disproportionately large and that such amount are not with held or the sureties furnished are not bound over for unduly long periods. To achieve this the following principles should be observed by all the concerned authorities:-

(a)       The cash deposit to be taken or the amount of gratuity to be withheld
   should not exceed the estimated amount of the outstanding dues plus
   twenty-five per centum thereof. 

(b)        Dues mentioned in clause (I) of this sub-rule should be assessed and adjusted within a period of three months from the date of retirement of the railway servant concerned. 

(c)        Steps should be taken to see that there is no loss to Government on account of negligence on the part of the officials concerned while intimating and processing of a demand. The officials concerned shall be liable to disciplinary action in not assessing the Government dues in time and the question whether the recovery of the irrecoverable amount shall be waived or the recovery made from the officials held responsible for not assessing the Government dues in time should be considered on merits. 

(d)        As soon as proceeding of the nature referred to in rule 8 are instituted, the authority which instituted the proceedings should without delay intimate the fact to the Account Officer. 

16.       Adjustment and recovery of dues pertaining to Government or railway accommodation- (1) The Directorate of Estates on receipts of intimation from the Head of Office under sub-rule (1) or rule 98 regarding the issue of “No Demand Certificate” shall scrutinise its records and inform the Head of Office eight months before the date of retirement of the allottee, if any licence fee was recoverable from him in respect of the period prior to eight months of his retirement. If no intimation in regard to recovery of outstanding licence fee is received by the Head of Office by the stipulated date, it shall be presumed that no licence fee was recoverable from the allottee in respect of the period preceding eight months of his retirement. 

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

            (3)        Where the Directorate of Estates intimates the amount of licence fee recoverable in respect of the period mentioned in sub-rule (1), the Head of Office shall ensure that outstanding licence fee is recovered in installments from the current pay and allowances of the allotee and where the entire amount is not recovered from the pay and allowances, the balance shall be recovered out of the gratuity before its payment is authorised. 

(4)        The Directorate of Estates shall also inform the Head of Office the amount of licence fee for the retention of Government accommodation for the permissible period of four months beyond the date of retirement of the allottee. The Head of Office shall adjust the amount of that licence fee from the amount of the gratuity together with the unrecovered licence fee, if any, mentioned in sub-rule (3). 

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

            (6)        The recovery of licence fee for the occupation of the Government accommodation beyond the permissible period of four months after the date of retirement if allottee shall be the responsibility of the Directorate of Estates. Any amount becoming due on account of licence fee for retention of Government accommodation beyond four months after retirement and remaining unpaid licence fee may be recovered by the Directorate of Estates through the concerned Accounts Officer from the dearness relief without the consent of the pensioner. In such cases no dearness relief should be disbursed until full recovery of such dues have been made. 

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. 

            (7)        A railway servant shall vacate the railway accommodation immediately after his retirement. 

(8)(a) In case where a railway accommodation is not vacated after superannuation of the railway servant or after cessation of his service such as on voluntary retirement, compulsory retirement, medical invalidation, or death, then, the full amount of retirement gratuity, death gratuity or special contribution to provident fund, as the case may be, shall be withheld. 

(b)      The amount withheld under clause (a) shall remain with the railway administration in the form of cash. 

(c)       In case the railway accommodation is not vacated even after the permissible period of retention after the superannuation, retirement, cessation of service or death, as the case may be, the railway administration shall have the right to withhold, recover, or adjust from the Death-cum-retirement Gratuity, the normal rent, special licence fee or damage rent, as may be due from the ex-railway employee and return only the   balance, if any, on vacation of the railway accommodation. 

(d)       Any amount remaining unpaid after the adjustment made under clause (c), may also be recovered without the consent of the pensioner by the concerned Accounts Officer from the dearness relief of the pensioner until full recovery of such dues has been made. 

(e)       Dispute, if any, regarding recovery of damages or rent from the ex-railway employee shall be subject to adjudication by the concerned Estate Officer appointed under the Public Premises (Eviction of Unauthorized Occupants) Act,1971 (40 of 1971).    

(Authority: Railway Board’s letter No. F(III)/97/PN1/14 (Amendment)dated 24.5.2000) 

17.       Pensionary benefits to staff declared unfit. - If a railway servant is unfit for his post but is retained in service in an alternative appointment under the provision of the code and subsequently becomes entitled to receive retirement gratuity or pension, he shall be given the option of accepting either of following, whichever he may, prefer- 

                        (i)         the gratuity or pension which he would normally be granted with
                                   reference to his total service taken together, 

                        (ii)        The sum of-  

(a)        gratuity or pension which he would have been granted if he had been medically invalidated out of service instead of being retained in an alternative appointment at the end of the spell of his service; and 

(b)        the retirement gratuity or pension which he would normally have been granted for the second spell of this service rendered in the alternative appointment: 

            Provided that if total qualifying service of the railway servant in both the spells of service taken together exceeds 33 years, the qualifying service in the second spell shall be reduced by the number of years by which total qualifying service in both the spells taken together exceeds 33 years and ordinary gratuity or pension and death-cum-retirement gratuity for the second spells of service shall be calculated with reference to the reduced qualifying service so calculated. 

18.       Pensionary, terminal or death benefits to temporary railway servant. - (1) A temporary railway servant who retires on superannuation or on being declared permanently incapacitated for further railway service by the appropriate medical authority after having rendered temporary service not less than ten years shall be eligible for grant of superannuation, invalid pension, retirement gratuity and family pension at the same scale as admissible to permanent railway servant under these rules. 

            Explanation: For the purpose of sub-rule (1) of this rule “service” shall have the meaning assigned to it in sub-rule (6) of rule 1002 of the Code except that it shall not include the period of first four years of apprenticeship of Special Class Railway Apprenticeship. 

            (2)        A temporary railway servant who seeks voluntary retirement after completion of twenty years of service shall continue to be eligible for retirement pension and other pensionary benefits like retirement gratuity and family pension as admissible under these rules. 

            (3)        In the event of death in harness of a temporary railway servant his family shall be eligible to family pension and death gratuity on the same scale as admissible to families to permanent railway servants under these rules. 

            (4)        The terminal or death gratuity shall not be admissible - 

(i)         to a probationer or other railway servant discharged for failure to pass the prescribed test or other examination; 

(ii)        in a case where the railway servant concerned resigns his post or is removed or dismissed from railway service; 

(iii)       to employees re-employed under the terms of re-employment applicable to retired employees. 

(5)               The rules and orders applicable to the admissibility of death-cum-retirement gratuity to permanent pensionable railway servants shall apply as far as may be to the terminal or death gratuity also subject to the provisions of the sub-rules (6) to (10).

            (6)        No nomination for death or terminal gratuity shall be necessary. 

            (7)              The payment of the terminal gratuity in the case of a temporary railway servant who dies before receiving payment of the said gratuity or of the death gratuity shall be made to his family in the following order of preference: -           

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

(2)        husband including judicially separated husband in the case of a female railway servant, 

                        (3)        sons including step sons and adopted sons, 

                              (4)        unmarried daughters including step daughters and adopted daughters, 

                        (5)        widowed daughters including step daughters and adopted daughters. 

                             (6)      Father Including adopted parents in the case of individuals whose personal law permits adoption.

                        (7)        Mother 

                              (8)        Brother below the age of eighteen years including stepbrothers. 

                        (9)        Unmarried sisters and widowed sisters including step sisters, 

                              (10)      Married daughters, and  

                        (11)      Children of a pre-deceased son. 

(8)        If the person eligible to the gratuity in the order of preference mentioned in item (1) of sub-rule (7) is totally denied any share in the property of the railway servant under a will or deed made by him, such person shall be treated as ineligible to receive the gratuity which shall then be paid to the next person in the order of preference and where the railway servant makes any such will or deed he may intimate the fact in writing to the Head of Office who shall keep a note in the service book of the railway servant. 

(9)        The amount of gratuity payable to a temporary railway servant or to his family in the event of his death may be determined on the bases of the entries made in this service book and drawn without a formal application or accounts report, just as pay claims in pay bill form. 

(10)      The non-service staff appointed on the personal staff of Minister (s) or Deputy Ministers that is the staff appointed at the discretion of the Ministers and who on the date of their appointment are not already in Government service shall be treated as purely temporary employees for the purpose of the benefits admissible under this rule. 

19.       Pension on re-employment-Pension on re-employment shall be subject to the conditions laid down in rule 33. 

*******

CHAPTER-III

QUALIFYING SERVICE

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

            Provided that officiating or temporary service is followed, without interruption, by substantive appointment in the same or another service or post: 

            Provided further that - 

            (a)  in the case of a railway servant in a Group ‘D’ service or post who held a lien or a suspended lien on a permanent pensionable post prior to the 17^th April, 1950, service rendered before attaining the age of sixteen years shall not count for any purpose; and 

(b)  in the case of a railway servant not covered by clause (a), service rendered before attaining the age of eighteen years shall not count, except for compensation gratuity.

(Authority: Railway Board’s letter No. F(E)III/99/PN 1/(Modification) dated 23.5.2000)

(c)    the provisions of clause (b) shall not be applicable in the cases of counting of military service for civil pension under rule 34.

(Authority: Railway Board’s letter No. F(E)III/2004/PN1/21(Amendment) dated 7.12.2004)

(d)    

21.       Conditions subject to which service qualifies: - (1)  The service of a railway servant shall not qualify unless his duties and pay are regulated by the Government; or under conditions determined by the Government. 

            Explanation: Save as otherwise provided in these rules for the purpose of sub-rule (1) the expression “service” means service under the Government and paid by the Government for the Consolidated Fund of India or a Local Fund administered by that Government but does not include service in a non-pensionable establishment unless such service is treated as qualifying service by that Government. 

            (2)        In case of a railway servant belonging to a State Government who is permanently transferred to a service or post under the railways, the continuous service rendered under the State Government in an officiating or temporary capacity if any, followed without interruption by substantive appointment or the continuous service rendered under that Government in an officiating or temporary capacity, as the case may be, shall qualify: 

            Provided that nothing contained in this sub-rule shall apply to any such railway servant who is appointed otherwise than by deputation to a service or post to which these rules apply. 

22.       Counting of service on railways as qualifying service-The service of a railway servant which shall qualify for pensionary benefits, to the extent provided for in these rules, shall be as follows: 

(i)         continuous service in the Indian Railways or continuous service in former company railway or in a former State Railway which have been taken over by the Central Government; and followed by service on Indian Railways. 

Note:- Service rendered by a railway servant with a former State Ruler or personally to the ex-Ruler or in his household prior to the Federal Financial Integration, followed without break of such service, shall be treated as service in the former State Railway for the Purpose of pensionary benefits irrespective of whether his emoluments were paid from the State Revenues or from the private source of the ex-Ruler. 

(ii)        Service rendered before joining the Indian Railway or a former Company railway or former State railway, which have been taken over by the Government, provided it is: - 

(a)        a service in an Indian Railway or former State railway or former Company railway if at the time of transfer it was decided that such service would count for special contribution to Provident Fund; 

(b)        a service on a contract basis on an Indian Railway or a former Company railway or a former State Railway subject to the provisions of rule 24; 

(c)        a  service under a private railway company or a quasi railway body to the extent and subject to the provisions of rule 25; 

(iii)       A non-pensionable service of a scientific employee under a semi-Government institution which is financed from cess or Government grants subject to the provisions of rule 30. 

                        (iv)       A military or a war service. 

(v)        A qualifying service rendered under the Central Government (in a Civil Ministry or Department or as a civilian employee under the Ministry of Defence including the Ordnance Factories) or a State Government before transfer to Railways in accordance with the provisions of rule 27. 

23.       Counting of service on contract- Service constituting period of probation of a railway servant appointed as a probationer or on probation shall be treated as qualifying service.

(Authority: Railway Board’s letter No. F(E)III/99/PN 1/(Modification) dated 23.5.2000) 

24.       Counting of service on contract. - (1) A person who is initially engaged by the railways on a contract and is subsequently appointed to the same or another post in a substantive capacity, without a break in service, such contract period of service shall be treated like any other permanent service in the railway and be taken into account for calculating for the pensionary benefits, subject to the conditions laid down in these rules; 

(1)        Provided that (i) the period of contract service, during which the Contract officer did not subscribe to the State Railway Provident Fund (Contributory), shall count to the extent indicated above, if during such period, the Railway servant concerned did not any inflated rates of pay by reason of absence of any retirement benefits; 

(ii)        if the railway servant concerned has subscribed to the State Railway Provident Fund (Contributory) during a period of service, he shall have the option either- 

(a)       to refund the Government contribution in the Provident Fund together with interest there-on, and Special Contribution to Provident Fund, if any, for the period in question and to count the contract service for pensionary benefits to the extent indicated above, or 

(b)        to retain the Government contribution to the Provident Fund with interest thereon including any other compensation and Special contribution to Provident Fund, if any, and not to count the period of contract service in question for pensionary benefits. 

            (2)        The option, referred to in sub-clause (a) or sub-clause (b) of clause (ii) of sub-rule (1), shall be exercised within three months of the railway servant concerned in a substantive post and if he is on leave on that date, within three months of his return from leave, whichever is later. 

            (3)        If no option is received from the railway servant within the period referred to in sub-rule (2), he shall be deemed to have opted for retention of monetary benefits referred to in sub-rule (2), he shall be deemed to have opted for retention of monetary benefits referred to in sub-clause (b) of clause (ii) of sub-rule (1). 

            (4)        Where a railway servant (on contract basis) who was admitted to the State Railway Contributory Provident Fund opts for the alternative in sub-clause (1) above, the amount of Government contribution together with interest thereon including other compensation standing to his credit in the State Railway Provident Fund (Contributory) and the Special Contribution to the Provident Fund, if any, shall be surrendered and such amount shall be credited to the Consolidates Fund of India. 

            Provided that in a case where the Government contribution and the Special contribution, he shall be required to refund the amount received by him together with compound interest on the amount actually received from the date(s) of payment to the date of final refund, at the rate which would have been applicable to the Government contribution, if that amount would have remained in the fund and earned interest, in case where the railway servant dies before the entire amount is refunded, the amount which remains to be refunded shall be adjusted against the death gratuity which may become payable to the family of such railway servant. 

25.       Counting of service rendered under Private railway Companies and quasi-railway bodies. - (1) The previous service of employees of the former private or former railway companies and quasi-railway bodies who were absorbed in or appointed as fresh entrants in the Indian Railways shall be taken into account for pensionary benefits under these rules, if countable as under, for the purpose of special contribution to Provident Fund. 

(i)         if under the existing orders, the service is not countable for special contribution to Provident Fund, the same shall not be taken account for pensionary benefits; 

                        (ii)        if under the existing orders, previous service is countable for
                                    determining only eligibility for special contribution to Provident Fund
                                    the same shall be taken into account in full for pensionary benefits. 

(2)        The previous service, which is taken into account in accordance with the provisions of sub-rule (1), shall be treated as service in Railways to the extent indicated therein, for pensionary benefits under these rules. 

26.       Counting of service rendered in the Indian Railway Conference Association- If a part of the service rendered by a railway servant in the Indian Railway Conference Association, such service shall be deemed as having been rendered under the Government and shall be taken into account for calculating the qualifying service under these rules; 

            Provided that the transfer has been effected as a result of the railway servants application having been forwarded through proper channel or in consequence of the Indian Railway Conference Association and the Indian Railway Administration having agreed to such transfer on account of the employee’s special qualification or experience. 

27.       Counting of service rendered under the Central Government (in a Civil Ministry or Department or as a Civilian employee under the Ministry of Defence including Ordinance Factories) or a State Government by a person transferred and permanently absorbed on the railway- (1) A pensionable employee transferred to the railways from another Central Government Department shall be treated as on deputation so long as he is not permanently absorbed in the railway service and on permanent absorption in such service he shall be entitled to pensionary benefits under these rules. 

            (2)        If a permanent employee, who is a member of a Contributory Provident Fund, is transferred and permanently absorbed in a railway service on pensionable basis, the period of service rendered by him prior to his joining such railway service shall count for pensionary benefits under these rules and the employee’s contribution to his Provident Fund Account shall be resumed by the Ministry or Department under which he had served prior to joining such railway service. 

            (3)        In the case of an employee, who was a member of a Contributory Provident Fund while in the service of a State Government, the amount of Government contribution with interest thereon shall be resumed by the railways with the consent of the State Government concerned and such employee shall be allowed to count the period of his service under the State Government during which he had actually subscribed to the Contributory Provident Fund and if the State Government concerned is willing to bear the proportionate liability on service-share basis taking into account the entire  service under such Government, the Government contribution for such service credited by it shall be resumed by such State Government. 

            (4)        The provisions of rule 23 shall apply as far as may be, to the contract service rendered under a State or the Central Government provided that the previous contract service during which the railway servant did not subscribe to a Contributory Provident Fund shall count only if the previous employer is prepared to share the proportionate liability on service-share basis for the entire service rendered under him. 

28.       Counting of temporary service under the State and Central Government and allocation of pensionary liability- (1) The Government servants can be allowed the benefit of counting their qualifying service both under the Central Government and the State Governments for grant of pension by the Government from where they retire: 

            Provided that the gratuity, if any, received by the Government employee for temporary service under the Central or State Government shall be refunded by him to that Government concerned. 

            (2)        The Government servants eligible to claim the benefits of combined service in accordance with sub-rule (1) shall be of the following categories: - 

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

                        (b)        those who while holding temporary posts under the Central
                                    Government or a State Government apply for posts under the Central
                                    Government or a State Government through proper channel with
                                    proper permission of the administrative authority concerned; 

            Provided that where an employee is required for administrative reasons, for satisfying a technical requirement, to tender resignation from the temporary post held by him before joining the new appointment, a certificate to the effect that such resignation had been tendered for administrative reasons or to satisfy a technical requirement to join, with proper permission the new posts, may be issued by the authority accepting the resignation. A record of this certificate may also be made in his service book under proper attestation to enable him to get this benefit at the time of retirement. 

            (3)        The provision of this rule shall not apply to the employees in the previous employment of the State Governments of Jammu and Kashmir and Nagaland. 

29.       Pensionary liability of Departments of the Central Government- The liability for pension including gratuity shall be borne in full by the Department to which the Government servant permanently belongs at the time of retirement and no recovery of proportionate pension shall be made from other Department of the Central Government under whom he had served. 

30.       Counting of service rendered by Scientific employees in semi-Government institution- Service rendered by a scientific employee in a semi-Government institution which is financed from cess or Government grants and during such service he was subscribing to a Contributory Provident Fund, shall, on permanent appointment without any interruption to a pensionable railway service be counted as service qualifying for pension: 

            Provided that the contribution together with interest thereon paid by the said institution is made over to the Government but so much of the period of service during which he did not subscribe to the Contributory Provident Fund shall not be so reckoned unless the previous employer agrees to bear proportionate liability on account of pensionary benefits for the service so rendered. If the employee was not on a Contributory Provident Fund basis in such an institution, his previous service shall be reckoned as qualifying for pension if the previous employer agrees to bear proportionate liability on account of pensionary benefits. 

31.       Counting of service paid from Contingencies- In respect of a railway servant, in service on or after the 22^nd day of August, 1968, half the service paid from contingencies benefits on absorption in regular employment, subject to the following condition namely: - 

(a)        the service paid from contingencies has been in a job involving whole-  
time employment; 

(b)        the service paid from contingencies should be in a type of work or job 
 for which regular posts could have been sanctioned such as posts of
 malis, chowkidars and khalasis; 

(c)        the service should have been such for which payment has been made either on monthly rate basis or on daily rates computed and paid on a monthly basis and which, though no analogous to the regular scales of pay, borne some relation in the matter of pay to those being paid for similar jobs being performed at the relevant period by staff in regular establishments; 

(d)        the service paid from contingencies has been continuous and followed by absorption in regular employment without a break; 

            Provide that the weightage for past service paid from contingencies shall be limited to the period after 1^st January 1961 subject to the condition that authentic records of service such as pay bill, leave record or service-book is available. 

NOTE -            (1) the provisions of this rule shall also apply to casual labour paid from contingencies. 

(2) The expression “absorption in regular employment” means absorption against a regular post. 

32.       Counting of service of Substitute - Service rendered as substitute shall be counted for pensionary benefits from the date of completion of three months in the case of teachers and four months in other cases of continuous service as substitute followed by absorption in a regular Group C or Group D posts without any break. 

33. Counting of pre-retirement Civil (including railway) service in the case of re-employed railway servant. — (1) A railway servant who, having retired on compensation pension or invalid pension or compensation gratuity or invalid gratuity, is re-employed and appointed substantively to a service or a post to which these rules apply, may exercise his option either :—  

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

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

(i)         pension already drawn;

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

(iii)       the amount of death-cum-retirement gratuity including service gratuity, if any,

and count the previous service as qualifying service : 

Provided that —      

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

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

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

Explanation. —In the proviso to this sub-rule, the expression “which was taken into account” means, the amount of pension including the pension equivalent of gratuity by which pay of the railway servant was reduced on initial re-employment and the expression “which was not taken into account” shall be construed accordingly. 

(2) (a) The authority issuing the order of substantive appointment to a railway service or post referred to in sub-rule (1) shall along with such order require in writing the railway servant to exercise his option under that sub-rule within three months of the date of issue of such order or if he is on leave on that date, within three months of his return from leave, whichever is later and also bring to his notice the provisions of clause (b) of that sub-rule. 

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

(3) ln case of a railway servant, who opts or is deemed to have opted for clause (a) of sub-rule (1), ihe pension or gratuity admissible for his subsequent service shall be subject to the limitation that the ser-vice gratuity or the capital value of the pension and death-cum retirement gratuity, if any shall not be greater than the difference between the value of the pension and death-cum-retirement gratuity, if any, which would have been admissible to him at the time of his final retirement if the two periods of service were combined and the value of retirement benefits already granted to him for the previous service. 

Note—The capital value of pension shall be calculated in accordance with the Table in the Appendix II under the Railway Service (Commutation of Pension) Rules 1993, as applicable at the time of the second or final retirement.

(4) (a) A railway servant who opts for clause (b) of sub-rule (1) shall be required to refund the gratuity including death-cum-retirement gratuity, if any, received in respect of his earlier service, in monthly instalments not exceeding thirty-six in number, the first instalment beginning from the month following the month in which he exercised such option. 

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

(5) In the case where a railway servant who. Having elected to refund the gratuity,

dies before the entire  amount is refunded, the unrefunded amount of gratuity shall be adjusted against the death-cum-retirement gratuity which may become payable to such deceased’s family. 

34.       Counting of Military service rendered before employment on the railway. —(1) A railway servant who is re-employed in a railway service or post before attaining the age of superannuation and who, before such re-employment, had rendered military service, may, on his confirmation in a railway service or post, opt either—

(Authority: Railway Board’s letter No. F(E)III/2004/PN1/21(Amendment) dated 7.12.2004

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

(b) to cease to draw his pension and refund,— 

(i) the pension already drawn;

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

(iii) the amount of death-cum-retirement gratuity including service gratuity, if any, and count previous military service as qualifying service, in which case the service so allowed to count shall be restricted to a service within or outside the employees' unit or department in India or elsewhere which is paid from the Consolidated Fund of India or for which pensionary contribution has been received by the Government: 

Provided that—. 

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

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

(iii) the element of pension equivalent of gratuity including the element of commuted part of pension, if any, which was taken into account for fixation of pay shall be set off against the amount of death-cum-retirement gratuity and the commuted value of pension and the balance, it any, shall be refunded by him. 

Explanation—In the proviso to this sub-rule, the expression "which was taken into account" means the amount of pension including the pension equivalent of gratuity by which the pay of the railway servant was reduced on initial re-employment and the expression "which was not taken into account" shall be construed accordingly. 

(2) (a) The authority issuing the order of substantive appointment to a railway service or post referred to in sub-rule (1) shall alongwith such order require in writing the railway servant to exercise his option under that sub-rule within three months of the date of issue of such order or if he is on leave on that data within three months of his return from leave, which-ever is later and also bring to his notice the provisions of clause (b) of that sub-rule. 

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

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

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

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

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

35.       Verification of Military Service - Before pension is granted, the war or Military service of the individual to whom pension is payable and the amount of bonus or gratuity in lieu of pension paid to him shall be verified, in Form 3 from the following authorities as indicated against each category of the employees, namely: - 

            I.          Ex-service Commissioned Officers- 

(a) (i) Non-Medical Officers-A.G’s Branch/Ogr3(RR&C)(d) Army Headquarters, DHQ P.O., New Delhi. 

     (ii)Medical Officers-MPRS (O) (NE) Medical Directorate, Army Headquarters, DHQPO, New Delhi. 

(b)  Ex. Naval Officers-Personal services Directorate (Naval Appointments), Headquarters, DHQPO, New Delhi. 

(c)        Ex-Air Force Officers-Directorate of Personnel (Officers) (P.O. 2) Air Headquarters, DHQPO, New Delhi. 

                                    II.         Ex. J.C.O’s, Other Ranks and NcsE and their equivalent in the Navy and Air Force. The authorities concerned shall be addressed enclosing two copies of Form  3 – 

(a)        JCO’s Ors. And NcsE. Ot the Indian Army-The respective Record Office as indicated in the Discharge Certificate of an individual concerned. (A list of the existing Record Offices is given in Appendix II). 

(b)        CPO Petty Officers and Sailors of Navy-The Captain, Naval Barracks (Drafting Office), Bombay. 

(c)        MWOs., Wos., NCO’s., and Airmen of the Air Force-Directorate of Personnel (Airman, Air Head Quarters) Vayu Bhawan, New Delhi. 

36.       Counting of period spent on leave-All leave during service for which leave salary is payable and all extraordinary leave granted on medical grounds shall count as qualifying services: 

            Provided that in the case of extraordinary leave other than extraordinary leave granted on medical certificate, the appointing authority may, at the time of granting such leave; allow the period of that leave to count as qualifying service if such leave is granted to a railway servant, 

(Authority: Railway Board’s letter No. F(E)III/99/PN 1/(Modification) dated 23.5.2000) 

            (i)         due to his inability to join or rejoin duty on account of civil commotion, or 

            (ii)        for prosecuting higher scientific or technical studies. 

37.       Counting periods of suspension-Where a railway servant is kept under suspension pending inquiry into his conduct the period of such suspension shall count as qualifying service only where on conclusion of such inquiry, he has been fully exonerated or the suspension is held to be wholly unjustified and in other cases, the period of such suspension shall not count unless the authority competent to pass orders count under the rule governing such extent as that authority may declare. Where the authority reinstating the railway servant had not passed order as to the treatment of the period of suspension for the purpose of qualifying service for pensionary benefits the period of suspension shall qualify only if it had been treated as duty or leave due, as the case may. 

38.       Counting of periods spent on training-The Ministry of Railways may, by order, decide whether the time spent by a railway servant under training immediately before his appointment to service under the railway shall count as qualifying service. 

39.       Counting of past service on reinstatement- (1) A railway servant, who is dismissed, removed or compulsorily retired from service, but is reinstated on appeal review, is entitled to count his past service as qualifying service. 

            (2)        The period of interruption in service between the date of dismissal, removal or compulsory retirement, as the case may be, and the date of reinstatement, and the period of suspension, if any, shall not count as qualifying service unless regularised as ‘duty’ or ‘leave’ by a specific order of the authority which passed the order or reinstatement. 

40.       Forfeiture of service on dismissal or removal-Dismissal or removal of a railway servant from a service or post shall lead to forfeiture of his past service. 

41.       Forfeiture of service on resignation- (1) Resignation by a railway servant from a service or a post, unless it is allowed to be withdrawn in the public interest by the appointing authority shall lead to forfeiture of his past service. 

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

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

            (4)        The appointing authority may permit a person to withdraw his resignation in the public interest on the following conditions, namely: - 

                        (i)         that the resignation was tendered by the railway servant for some compelling reasons which did not involve any reflection on his integrity, efficiency or conduct and the request for withdrawal of the resignation has been made as a result of a material change in the circumstances which originally compelled him to tender the resignation. 

                        (ii)        that during the period intervening between the date on which the resignation became effective and the date from which the request for withdrawal was made, the conduct of the person concerned was in no way improper; 

                        (iii)       that the period of absence from duty between the date on which the resignation became effective and the date on which the railway servant is allowed to resume duty as a result of permission to withdraw the resignation is not more than ninety days; 

                        (iv)       that the post, which was vacated by the railway servant on the acceptance of his resignation or any other comparable post, is available. 

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

            (6)        When an order is passed by the appointing authority allowing a person to withdraw his resignation and to resume duty, the order shall be deemed to include the condonation of interruption in service but the period of interruption shall not count as qualifying services. 

            (7)        A resignation submitted for the purpose of Rule 53 should not entail forfeiture of past service under the Government or the railway. 

42.       Effect of interruption in service- (1) An interruption in the service of a railway servant shall lead to forfeiture of his past service, except in the following cases namely: - 

                        (a)        authorised leave of absence; 

(b)        unauthorised absence in continuation of authorised leave of absence so long as the post of absentee is not substantively filled; 

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

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

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

            (2)        Notwithstanding anything contained in sub-rule (1) the appointing authority may, by order, commute retrospectively the period of absence without leave as extraordinary leave. 

43.       Condonation of interruption in service- (1) (a) In the absence of service book, an interruption between two spells of Government service rendered by a railway servant under Government including Civil Service rendered and paid out of Defence Services Estimates or Railway Estimates shall be treated as automatically condoned and the pre-interruption service treated as qualifying service. 

                        (b)        Nothing in clause (a) shall apply to interruption caused by resignation,
                                    dismissal or removal from service or for participation in a strike. 

            (2)        Where the break in service of a railway servant is condoned, he shall, unless specifically provided to the contrary in the sanction for such condonation, refund any gratuity, special contribution as well as Government contribution to Provident Fund, if any, with interest thereon, received by him in respect of his service before the break. 

44.       Treatment of breaks in service Condoned for Special contribution to Provident Fund-Any break in service condoned prior to the 22^nd June, 1961 for the purpose of Special Contribution to Provident Fund shall be deemed to be condoned for the purpose of pensionary benefits also, provided that- 

(i)         the railway servant who has not refunded the amount of gratuity (Special contribution to Provident Fund or Government contribution or both) received by him for the spell of service rendered prior to the break in service, refunds to the Government the amount thereof. No interest, need, be recovered on the amount for the period it remained with him; 

(ii)     (a) the intention to make the refund has been made known by the railway servant in writing to the Accounts Officer not later than six months from the date of issue of orders of his confirmation in a substantive post or if he is on leave, within six months of date of his return from leave; 

(b)  the refund may be made in installments not exceeding twelve in numbers as may be specified by the authority who condones the break in service; 

(c)  the right to count the previous service shall not revive till the whole amount has been completely refunded, 

45.       Addition to qualifying service in special circumstances- (1) A railway servant who retires from a service or post after the 31^st March, 1960, shall be eligible to add to his service, qualifying for superannuation pension (but not for any other class of pension), the actual period not exceeding one-fourth of the length of his service or the actual periods by which his age at the time of recruitment exceeded twenty five years or a period of five years, whichever is less, if the service or post to which the railway servant 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. 

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

            Provided further that this concession shall be admissible only if the recruitment rules in respect of the said service or post contain a specific provision, that the service or post is one, which carries the benefit of this rule. 

            Provide also that this concession shall not be admissible to those who are eligible for counting their past service for superannuation pension unless they opt before the date of their retirement, which option once exercised shall be final, for the weightage of service under this sub-rule forgoing the counting of past service. 

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

            (3)        The option referred to in sub-rule (2), once exercised shall be final. 

46.       Period of deputation to United Nations and other Organisations:-A railway servant deputed on foreign service, for a period of five years or more, to the United Nations’ Secretariat or other United Nations’ Bodies, the International Monetary Fund, the International Bank of Reconstruction and Development, or the Asian Development Bank or the Commonwealth Secretariat, may at his option- 

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

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

            Provided that where a railway servant opts for clause (b), retirement benefit shall be payable to him in India in rupees from such date and in such manner as the Railway Board may, by order, specify. 

            Provided further that pension contributions, if any, paid by the railway servant, shall be refunded to him. 

47.       Verification of qualifying service after twenty five years’ service, or five years before retirement: - (1) A railway servant on completing twenty five years of service or on his being left with five years of service before the date of retirement whichever is earlier, the Accounts Officer concerned in the case of a gazetted railway servant or the Head of Office in consultation with the Accounts Officer concerned in the case of a non-gazetted railway servant shall, in accordance with the rules for the time being in force, verify the service rendered by such railway servant, determine the qualifying service and communicate to him the period of qualifying service so determined in Form 15. 

            (2)        Not withstanding anything contained in sub-rule (1), where a railway servant is transferred to another department from a temporary department or on account of the closure of the department he had been previously serving, or because the post he held had been declared surplus, the verification of his service may be done whenever such event occurs. 

            (3)        The verification done under sub-rule (1) and (2) shall be treated as final and shall not be reopened except when necessitated by a subsequent change in the rules and orders governing the conditions under which the service qualifies for pension. 

48.       Deficiency in service: - Any deficiency in the qualifying service of a railway servant shall not be condoned.

******

CHAPTER-IV

EMOLUMENTS AND AVERAGE EMOLUMENTS

49.       Emoluments: - The expression - (a) “emoluments”, for the purpose of calculating various retirement and death benefits, means the basic pay as defined in clause (i) of rule 1303 of the Code which a railway servant was receiving immediately before his retirement or on the date of his death: 

            Provided that the stagnation increment shall be treated as emolument for calculation of retirement benefits;

            (b)        “pay’ in these rules means the pay in the revised scales under the Railway Services (revised pay) Rules, 1986;           

            Provided that ‘pay element’ of Running Staff shall also include fifty-five per centum of the basic pay for reckoning emoluments. 

Note 1. :   If a railway servant immediately before his retirement or death while in service had been absent from duty on leave for which leave salary is payable or having been suspended had been reinstated without forfeiture of service, the emoluments which he would have drawn had he not been absent from duty or suspended shall be the emoluments for the purposes of this rule: 

            Provided that any increase in pay (other than the increment referred to in Note 4) which is not actually drawn shall not form part of his emoluments. 

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

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

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

            Provided that the increment was earned during the currency of the earned leave not exceeding one hundred and twenty days, or during the first one hundred and twenty days of earned leave where such leave was for more than one hundred and twenty days. 

Note 5. :   Pay drawn by a railway servant while on deputation to the Armed Forces of India shal be treated as emoluments. 

Note 6. :   Pay drawn by a railway servant while on foreign service shall not be treated as emoluments, but the pay which he would have drawn under the railway, had he not been on foreign service shall alone be treated as emoluments. 

Note 7. :   Where a pensioner who is re-employed in railway service elects in terms of clause (a) of sub-rule (1) of rule 33 or clause (a) of sub-rule (1) of rule 34 to retain his pension for earlier service and whose pay on re-employment has been reduced by an amount not exceeding his pension, the element of pension by which his pay is reduced shall be treated as emoluments. 

Note 8. :   Where a railway servant has been transferred to an autonomous body consequent on the conversion of Department of the Railways into such a body and the railway servant so transferred opts to retain the pensionary benefits under the rules of the railway, the emoluments drawn under the autonomous body shall be treated as emoluments for the purpose of this rule.  

50.       Average emoluments-Average emoluments shall be determined with reference to the emoluments drawn by a railway servant during the last ten months of his service. 

Note 1. :   If during the last ten months of his service a railway servant had been absent from the duty on leave of which leave salary is payable or having been suspended had been reinstated without forfeiture of service, the emoluments which he would have drawn, had he not been absent from duty or suspended, shall be taken into account for determining the average emoluments: 

            Provided that any increase in pay (other than the increment referred to in Note 3) which is not actually drawn shall not form part of his emoluments. 

Note 2. :   If during the last ten months of his service, a railway servant had been absent from duty on extraordinary leave, or had been under suspension the period whereof does not count as service, the aforesaid period of leave or suspension shall be disregarded in the calculation of the average emoluments and equal period before the ten months shall be included. 

Note 3. :   In the case of a railway servant who was on earned leave during the last ten months of his service and earned an increment, which was not withheld, such increment, though not actually drawn shall be included in the average emoluments; 

            Provided that the increment was earned during the currency of the earned leave not exceeding one hundred and twenty days, or during the first one hundred and twenty days of earned leave where such leave was for more than one hundred and twenty days. 

*******

 CHAPTER-V

CLASSES OF PENSIONS AND CONDITIONS GOVERNING THEIR GRANT

 51.       Superannuation Pension-A superannuation pensions shall be granted to a railway servant who is retired on his attaining the age of compulsory retirement. 

Note:   As the 1^st November, 1973, railway servants in Groups ‘B’, ‘C’ and ‘D’ service or posts, and as from the 1^st April, 1974, railway servants in Group ‘A’ service or posts, shall retire from the afternoon of the last day of the month in which their date of retirement according to rule 1801 of the Code falls, without prejudice to the provisions contained in rules 1802, 1803 and 1804 of the said Code. 

52.       Retiring Pension-A retiring pension shall be granted to a railway servant who retires, or has retired before attaining the age of compulsory retirement, in accordance with the provisions of rules 66 and 67 of these rules and rule 1802 of the code. 

53.       Pension on absorption in or under a corporation, company or body- (1) A railway servant who has been permitted to be absorbed in a service or post in or under a corporation or company wholly or substantially owned or controlled by the Central Government or a State Government or in or under a body controlled or financed by the Central Government or a State Government shall be deemed to have retired from service from the date of such absorption and subject to sub-rule (3), he shall be eligible to receive retirement benefits, if any, from such date as may be determined, in accordance with the orders of the Railway applicable to him.

(Authority: Railway Board’s letter No. F(E)III/2003/PN1/25 dated 20.01.05) 

Explanation: - Date of absorption shall be- 

(i)         In case a railway employee joins a corporation or company or body on immediate absorption basis, the date on which he actually joins that corporation or company or body; 

(ii)        In case a railway employee initially joins a corporation or company or body on foreign service terms by retaining a lien under the railways the date from which his unqualified resignation is accepted by the railways. 

            (2)        The provisions of sub-rule (1) shall also apply to a railway servant who is permitted to be absorbed in joint sector undertakings, wholly under the joint control of Central Government and State Governments/Union Territory Administrations or under the joint control of two or more State Governments/Union Territory Administrations or under the joint control of two or more State Governments or Union Territory Administrations. 

            (3)        Where there is a pension scheme in a body controlled or financed by the Central Government in which a railway servant is absorbed, he shall be entitled to exercise option either to count the service rendered under the railways in that body for pension or to receive pro-rata retirement benefit for the service rendered under the railways in accordance with the orders issued by the railways. 

            Explanation: - Body means autonomous body or statutory body. 

"53 A. - Conditions for payment of pension on absorption consequent upon conversion of a Railway Department into a Central autonomous body or a public sector undertaking.- 

(1)        On conversion of a Department of the Railway into a public sector undertaking or an autonomous body, all railway servants of that Department shall be transferred    en-masse to that public sector undertaking or autonomous body, as the case may be, on terms of foreign service without any deputation allowance till such time they get absorbed in the said undertaking or body, as the case may be, and such transferred railway servants shall be absorbed in the public sector undertaking or autonomous body, as the case may be, with effect from such date as may be notified by the Government. 

(2)        The Government shall allow, the transferred railway servants an option to revert to the railway or to seek permanent absorption in the public sector undertaking or autonomous body, as the case may be. 

(3)        The option referred to in sub-rule (2) shall be exercised by every transferred
railway servant in such manner and within such period as may be specified by
the Government.  

(4)        The permanent absorption of the railway servants as employees of the public sector undertaking or autonomous body shall take effect from the date on which their options are accepted by the Government and on and from the date of such acceptance, such employees shall cease to be railway servants and they shall be deemed to have retired from railway service. 

(5)        Upon absorption of railway servants in the public sector undertaking or
autonomous body, the posts which they were holding in the Government before
 such absorption shall stand abolished 

(6)        The employees who opt to revert to railway service shall be re-deployed through the surplus cell of the Railway. 

(7)        The employees including temporary employees but excluding casual labourers, who     opt for permanent absorption   in   the   public sector   undertaking   or autonomous body, shall on and from the date of absorption be governed by the rules and regulations or bye-laws of the public sector undertaking or autonomous body, as the case may be. 

(8)        A permanent railway servant who has been absorbed as an employee of a public sector undertaking or autonomous body, as the case may be, shall be eligible for pensionary benefits on the basis of combined service rendered by him or her in the railways and in the public sector undertaking or autonomous body in accordance with the formula for calculation of pension or family pension under these rules as may be in force at the time of his retirement from the public sector undertaking or autonomous body, as the case may be or at his option, to receive pro-rata retirement benefits for the service rendered under the Railways in accordance with the orders issued by the Government. 

(Railway Board’s letter No. F(E)III/2003/PN1/1 dated 30.03.06) 

Explanation.- The amount of pension or family pension of the absorbed employee on superannuation from public sector undertaking or autonomous body, as the case may be, shall be calculated in the same way as would be the case with a railway servant, retiring on superannuation, on the same day. 

(9)        The pension of an employee under sub-rule (8) shall be calculated on the basis of his last ten months’  average pay.  

(10)      In addition to pension or family pension, as the case may be, the employees shall also be eligible to dearness relief as per industrial dearness allowance pattern. 

(11)      The benefits of pension and family pension shall be available to temporary
transferred railway servants after they have been confirmed in the public sector
undertaking or autonomous body.  

(12)      A permanent railway servant absorbed in a public sector undertaking or autonomous body, or a temporary railway servant who has been confirmed in the public sector undertaking or autonomous body subsequent to his or her     absorption therein, shall be eligible to seek voluntary retirement after completing ten years of qualifying service with the Government and the autonomous body or public sector undertaking taken together, and he or she shall be eligible for prorata pensionary benefits on the basis of combined qualifying service. 

(13)      The Government shall create a Pension Fund in the form of a trust and the
pensionary benefits of absorbed employees shall be paid out of such Pension
Fund.  

(14)      The Member Staff, Railway Board shall be the Chairperson of the Board of Trustees which shall include representatives of the Ministries of Finance, Personnel, Public Grievances and Pensions, Labour, concerned public sector       undertaking or autonomous body and their employees and experts in the relevant field to be nominated by the Government.  

(15)      The procedure and the manner in which pensionary benefits are to be sanctioned and disbursed from the Pension Fund shall be determined by the Government on the recommendation of the Board of Trustees. 

(16)      The Government shall discharge its pensionary liability by paying in lump sum as a one time payment to the Pension Fund the pro rata pension or service gratuity and retirement gratuity for the service rendered till the date of absorption of the railway servant in the public sector undertaking or autonomous body. 

(17)      The manner of sharing the financial liability on account of payment of pensionary benefits by the public sector undertaking or autonomous body shall be
determined by the Government.  

(18)      Lumpsum amount of the pro rata pension shall be determined in accordance
with the Table of the values in Appendix to the Railway Services (Commutation
of Pension) Rules, 1993.  

(19)      The public sector undertaking or autonomous body, as the case may be, shall make pensionary contribution to the Pension Fund for the period of service to be rendered by the concerned employees under that undertaking or body at the rates as may be determined by the Board of Trustees so that the Pension Fund shall be self-supporting. 

(20)      If, for any financial or operational reason, the Trust is unable to discharge its
 liabilities fully from the Pension_: Fund and the public sector undertaking or
autonomous body is also not in a position to meet the shortfall, the Government
shall be liable to meet such expenditure and such expenditure shall be debited to
either the Fund or to the public sector undertaking or autonomous body, as the
case may be.  

(21)      Payments of pensionary benefits of the pensioners of a railway department on
the date of conversion of it into a public sector undertaking or autonomous body
shall continue to be the responsibility of the Government and the mechanism for
sharing its liabilities on this account shall be determined by the Government.

(22       Upon conversion of a railway department into a public sector undertaking or
autonomous body '--  

(a) the balance of provident fund standing at the credit of the  absorbed ' employees on the date of their absorption  in the public sector undertaking or autonomous body shall with the consent of such undertaking or body, be transferred to the new provident fund account of the employees in such undertaking or body, as the case may be; 

(b) leave on average pay and leave on half average pay at the credit of
the employees on the date of absorption shall stand transferred to
such undertaking or body, as the case may be;           

(c) the dismissal or removal from service of the public sector
undertaking or autonomous body of any employee after his or her
absorption in such undertaking or body for any subsequent
misconduct shall not amount to forfeiture of the retirement benefits for
the service rendered under the railways and in the event of his
dismissal or removal or retrenchment, the decisions of the
undertaking or body shall be subject to confirmation by the Ministry of
Railways. 

(23)      In case the Government disinvests its equity in any public sector undertaking or autonomous body to the extent of fifty-one per cent or more, it shall specify adequate safeguards for protecting the interests of the absorbed employees of such public sector undertaking or autonomous body. 

(24)      The safeguards specified under sub-rule (23) shall include option for voluntary retirement or continued service in the undertaking or body, as the case may be, or voluntary retirement benefits on terms applicable to railway servants or employees of the public sector undertaking or autonomous body as per option of such servants or employees, assured payment of earned pensionary benefits with relaxation in period of qualifying service, as may be decided by the Government. 

(Railway Board’s letter No.  F(E)III/2003/PNI/1 dated 10-03-05)

54.       Omitted

(Authority: Railway Board’s letter No. F(E)III/2003/PN1/25 dated 20.01.05) 

55.       Invalid Pension- (1) Invalid pension may be granted to a railway servant who retires from service on account of any bodily or mental infirmity, which permanently incapacitates him for the service. 

            (2)        A railway servant applying for an invalid pension shall submit a medical certificate, from a duly constituted medical authority, of his permanent incapacity for service due to bodily or mental infirmity. 

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

            (4)        A railway servant may, if he considers that he is not in a fit state of health to discharge his duties, apply to the appropriate authority for retirement on invalid gratuity or pension. 

56.       Rules regarding medical certificate-The medical certificate for incapacity shall be certified by the medical authority as under: - 

(i)         If the railway servant is serving abroad or is on leave out of India, by a Medical Board to be convened for the purpose by the concerned India Mission abroad which shall consist of a physician, a surgeon and an ophthalmologist all of whom shall have consultant status and are drawn from the doctors approved for the mission concerned: 

            Provided that a lady doctor shall be included as a member of such Medical Board whenever a female railway servant is to be examined. 

            (ii)        If the railway servant is in India – 

                              (a)        by the Medical Officer incharge of the District or Division if the
                              railway servant holds a Group ‘D’ or Group ‘C’ post but whose pay
                              does not exceed seven hundred and fifty rupees per mensum. 

                        (b)        in all other cases by a Medical Board consisting of three District or
                                    Divisional Medical Officers, each in Senior Scale, but if this is not
                                    feasible, one or two members may be the Chief Medical Officer or the
                                    Civil or Presidency Surgeon or a specialist on the staff of a recognised
                                    Medical Institution but as far as possible one of  the member of such
                                    Board shall be a physician another a surgeon and the third being a
                                    specialist in the required lines.. 

Note:-       An Assistant Medical Officer in independent charge of a District or Division may be co-opted as a member of the Medical Board, in case there is any difficulty in constituting the Board of three Senior Scale/Medical Officers: 

            Provided that if the railway servant is posted at Delhi or New Delhi in the Railway Board or in the Railway Liaison Office and is governed by the Civil (not Railways) Medical rules, the medical authority will be such as the Chairman or the Central Standing Medical Board, Dr. Ram Manohar Lohia Hospital or Safderjang Hospital, New Delhi, may determine unless the medical examination is to be conducted at a place other than Delhi or New Delhi, in which case the medical authority shall be such as the Head of the Department may determine. 

57.       Conditions regarding grant of medical certificate –(1) Save where he is on leave out of India, no railway servant shall apply for a medical certificate of incapacity and no such certificate shall be granted unless: - 

(i)         the applicant produces a letter to show that the Head of his office or Department is aware of his intention to appear before the Medical authority; and 

(ii)        the medical authority is informed about the age of the applicant as recorded in his Service Book or history of services and is supplied with statement of the leave taken by him during the three years immediately preceding, and of the history of the medical case and the treatment adopted, as far as possible. 

58.       Statement giving grounds for retirement –When it is proposed to retire a railway servant, on an invalid gratuity or pension on account of general disability while he is still under fifty-eight years of age, the appropriate authority under whom he is working shall forward to the medical authority an additional statement giving the grounds on which it is proposed to retire him. 

59.       Form of medical certificate –The medical certificate shall be in the following form:             “Certified that I/We have carefully examined AB son of CD --------------------- a in the --------------------- his age is by his own statement, is --------------------- years, and by appearance about --------------------- years.

            I/We consider --------------------- AB to be completely and permanently incapacitated for further service of any kind (or in the department to which he belongs) in consequence of --------------------- (here state disease or cause). His incapacity does not appear to me/us to have been caused by irregular or intemperate habits.” 

Note:-      If the incapacity is the result of irregular or intemperate habits, the following will be substituted for the last sentence: - 

            In my/our opinion his incapacity is directly has been due to accelerated or aggravated by irregular intemperate habits. 

            (If the incapacity does not appear to be complete and permanent, the certificate should be modified accordingly and the following addition should be made): - 

            I am/We are of the opinion that --------------------- AB is fit for further service of a less laborious character than that which he has been doing (or may, after resting for -----------------months be fit for further service of a less laborious character than that which he has been doing). 

60.       Reasons for medical opinion of incapacity or under statement of age –If the medical authority considers a railway servant incapacitated for further service by general debility while still under the age of fifty-eight years, it shall give detailed reasons for its opinion. If the medical authority considers him to be above fifty-eight years, it shall state its reasons for believing the age to be understated: 

            Provided that in doubtful cases, a second medical opinion shall be obtained. 

61.       Requirement of details in the certificate –A mere certificate that inefficiency is due to old age or natural decay from advancing years shall not be deemed to be sufficient for retiring a railway servant on invalid gratuity or pension.

62.       Date of invalidation –A railway servant, who is declared by the medical authority referred to in rule 55 to be completely and permanently incapacitated for further service shall, if he is on duty, be retired from service from the date of relief of his duties which shall be arranged without delay on receipt of a report from the medical authority or if, he is granted leave under rule 522 of the Code on the expiry of such leave but if he is on leave at the time of receipt of the medical certificate, he shall be retired from service on the expiry of such leave or extension of leave if any granted to him under rule 522 of the said code. 

63.       Compensation Pension – (1) If a railway servant is selected for discharge owing to the abolition of his permanent post, he shall, unless he is appointed to another post the conditions of which are deemed by the authority competent ot discharge him, to be at least equal to those of his own have the option – 

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

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

(2)       (a)        Notice of at least three months shall be given to a railway servant in permanent employment before his services are dispensed with on the abolition of his permanent post. 

(b)        Where notice of at least three months is not given to the railway servant and he has not been provided with other employment on the date on which his services are dispensed with, the authority competent to dispense with his services, may sanction the payment of a sum not exceeding the pay and allowances for the period by which the notice actually given to him falls short of three months. 

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

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

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

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

            (2)        Whenever, in the case of a railway servant the President passes an order (whether original, appellate or in the exercise of power of review) awarding a pension less than the full compensation pension admissible under these rule, the Union Public Service Commission shall be consulted before such order is passed. 

            Explanation – In this sub-rule, the expression “pension” includes “gratuity”. 

            (3)        A pension granted or awarded under sub-rule (i) or, as the case may be, under sub-rule (2), shall not be less than three hundred seventy five rupees per mensem. 

65.       Compassionate allowance – (1) A railway servant who is dismissed or removed from service shall forfeit his pension and gratuity: 

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

            (2)        A compassionate allowance sanctioned under the proviso to sub-rule (1) shall not be less than three hundred seventy five rupees per mensem. 

********* 

CHAPTER-VI

REGULATIONOF AMOUNTS OF PENSION

66.       Retirement on completion of 30 years qualifying service –(1) At any time after a railway servant completed thirty years qualifying service –

             (a)        he may retire from service; or 

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

            Provided that – 

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

                        (ii)        to appointing authority may also give a notice in writing to a railway
                                    servant at least three months before the date on which he is required to
                                    retire in the public interest or three months’ pay and allowances in lieu
                                    of such notice:

             Provided further that where the railway servant giving notice under clause (i) of the first proviso is under suspension, it shall be open to the appointing authority to withheld permission to such railway servant to retire under this rule: 

            Provided also that the provisions of clause (a) of sub-rule (1) of this rule shall not apply to a railway servant, including Scientist of technical expert who is – 

(i)         on assignment under the Indian Technical and Economic Cooperation (ITEC) Program of the Ministry of External Affairs and other aid programs; 

                        (ii)        posted abroad in foreign based offices of the Ministries or
                                    Departments; 

                        (iii)       on a specific contract assignment to a foreign Government. 

unless after having been transferred to India, he has resumed the charge of the post in India and served for a period of not less than one year. 

            (2)        (a)        A railway servant referred to in clause (i) of the first proviso to sub-
                                    rule (1) may, make a request in writing to the appointing authority to
                                    accept notice of less than three months giving reason therefor; 

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

            (3)        A railway servant who has elected to retire under this rule and has given the necessary intimation to that effect to the appointing authority, shall be precluded from withdrawing his election subsequently except with the specific approval of such authority: 

            Provided that the request for withdrawal shall be within the intended date of his retirement. 

            Explanation – For the purpose of this rule, “appointing authority” means the authority which is competent to make appointments to the service or post from which the railway servant retires. 

67.       Retirement on completion of 20 years qualifying service – (1) At any time after a railway servant has completed twenty years’ qualifying service, he may, by giving notice of not less than three months in writing to appointing authority retire from service:

            Provided that this sub-rule shall not apply to a railway servant including Scientists or technical expert who is – 

(i)         on assignment under the Indian Technical and Economic Cooperation (ITEC) Programme of the Ministry of External Affairs and other aid programmes; 

            (ii)        posted abroad in foreign based offices of the Ministries or Departments; 

(iii)       on a specific contract assignment to a foreign Government unless, after having been transferred to India, he has resumed the charge of a post in India and served for a period of not less than one year. 

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

            Provided that where the appointing authority does not refuse to grant the permission for retirement before the expiry of the said period. 

(3)        (a)        A railway servant referred to in sub-rule (2), may consider such request for the curtailment of the period of notice of three months on merits and if it is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience, the appointing authority may relax the requirement of notice of three months on the condition that the railway servant shall not apply for commutation of a part of his pension before the expiry of ther period of notice of  three months. 

(4)               A railway servant, who has elected to retire under this rule and has given the necessary notice to that effect to the appointing authority, shall be precluded from withdrawing his notice except with the specific approval of such authority: 

            Provided that the request for withdrawal shall be made before the intended date of his retirement.

            (5)        The pension and death-cum-retirement gratuity of the railway servant retiring under this rule shall be based on the emoluments as defined under rules 49 and 50 and the increase not exceeding five years in his qualifying service shall not entitle him to any notional fixation of pay for purposes of calculating pension and gratuity. 

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

            Explanation – For the purpose of this rule, “appointing authority” means the authority which is competent to make appointments to the service or post from which the railway servant seeks voluntary retirement. 

68.       Addition to qualifying service on voluntary retirement – (1) The qualifying service as on the date of intended retirement of the railway servant retiring under rule 66 or 67 of these rules or clause (k) of rule 1802 to 1804 of the Code, with or without permission, shall be increased by the period not exceeding five years, subject to the condition that the total qualifying service rendered by the railway servant does not in any case exceed thirty-three years and it does not take him beyond the date of superannuation. 

            (2)        The weightage of five years under sub-rule (1) shall not be admissible in cases of those railways in the public interest under clause (b) of sub-rule (1) of rule 66 of these rules or rules 1802 to 1804 of the Code. 

69.       Amount of pension – (1) In the case of a railway servant retiring in accordance with the provisions of these rules before completing qualifying service of ten years, the amount of service gratuity shall be calculated at the rate of half month’s emoluments for every completed six-monthly period of service. 

            (2)        (a)        In the case of a railway servant retiring in accordance with the
                                    provisions of these rules after completing qualifying service of not less
                                    than thirty-three years, the amount of pension shall be calculated at
                                    fifty percent of average emoluments subject to a maximum of rupees
                                    four thousand five hundred per mensem; 

(b)        in the case of a railway servant retiring in accordance with the provisions of these rules before completing qualifying service of thirty-three years, but after completing the qualifying service of ten years, the amount of pension admissible under clause (a) and in no case the amount of pension shall be less than rupees three hundred seventy five per mensem; 

                        (c)        notwithstanding anything contained in clauses (a) and (b), the amount
                                    of invalid pension shall not be less than the amount of family pension
                                    admissible under sub-rule (2) of rule 75. 

            (3)        In calculating the length of qualifying service fraction of a year equal to three months and above shall be treated as a completed one half year and reckoned as qualifying service. 

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

70.       Retirement gratuity or death gratuity – (1) (a) In the case of a railway servant, who has completed five years’ qualifying service and has become eligible of service gratuity or pension under rule 69, shall, on his retirement, be granted retirement gratuity equal to one-fourth of his emoluments for each completed six monthly period of qualifying service subject to a maximum of sixteen and one-half times the emoluments and there shall be no ceiling on reckonable emoluments for calculating the gratuity. 

(b)        If a railway servant dies while in service, the amount of death gratuity
                        shall be paid to the family in the manner indicated in the Table below:  

TABLE

            Provided that the amount of retirement gratuity or death gratuity payable under this rule shall in no case, exceed rupees one lakh. 

            Provided further that the amount of retirement or death gratuity as finally calculated shall be rounded to the next higher rupees. 

            (2)        If a railway servant, who has become eligible or a service gratuity or pension, dies within five years from the date of his retirement from service including compulsory retirement as penalty and the sums actually received by him at the time of his death on account of such gratuity or pension including ad-hoc increase, if any, together with the retirement gratuity admissible under sub-rule (1) and the commuted value of any portion of pension commuted by him are less than the amount equal to twelve times of his deficiency may be granted to his family in the manner indicated in sub-rule (1) of rule 71. 

            (3)        The emoluments for the purpose of gratuity admissible under this rule shall be reckoned in accordance with rule 49;

             Provided that if the emoluments of a railway servant have been reduced during the last ten months of his service otherwise than as a penalty the average emoluments as referred to in the 50 shall be treated as emoluments.

            (5)        For the purpose of this rule, rules 71, 73, 74 “family”, in relation to railway servant, means – 

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

(ii)        Husband including judicially separated husband in the case of a female railway servant; 

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

                        (iv)       Unmarried daughters including step-daughters and adopted daughters; 

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

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

(vii)      mother 

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

                        (ix)       unmarried sisters and widowed sisters including step sisters; 

                              (x)        married daughters; and 

                        (xi)       children of pre-deceased son. 

71.       Persons to whom gratuity is payable –(1)    (a) The gratuity payable under rule 70 shall be paid to the person or persons on whom the right to receive the gratuity is conferred by making a nomination under rule 74; 

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

                                    (i)         If there are one or more surviving members of the family as in
            clauses (i), (ii), (iii) and (iv) of sub-rule (5) of rule 70, to all
            such members in equal shares; 

                                    (ii)        If there are no such surviving members of the family as in sub-
            clause (i) above, but there are one or more members as in
            clauses (v), (vi), (vii), (ix), (x) and (xi) of sub-rule (5) of rule
            70 to all such members in equal shares. 

            (2)        If a railway servant dies after retirement without receving the gratuity admissible under sub-rule (1) of rule 70, the gratuity shall be disbursed to the family in the manner indicated in sub-rule (1). 

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

            (4)        Where the gratuity is granted under rule 70 to a minor member of the family of the deceased railway servant, it shall be payable to the guardian on the behalf of the minor. 

72.       Debarring a person from receiving gratuity – (1) If a person, who in the event of death of a railway servant while in service is eligible to receive gratuity in terms of rule 71, is charged with the offence of murdering the railway servant or for abeting in the commission of such an offence, his claim to receive his share of gratuity shall remain suspended till the conclusion of the criminal proceedings instituted against him. 

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

(a)        is convicted for the murder or abetting in the murder of the railway servant, he shall be debarred from receiving his share of gratuity which shall be payable to other eligible members of the family, if any, 

(b)        if acquitted of the charge of murdering or abetting in the murder of the railway servant, his share of gratuity shall be payable to him. 

            (3)        The provisons of sub-rules (1) and (2) shall also apply to the undisbursed gratuity referred to in sub-rule (2) of rule 71. 

73.       Lapse of death-cum-retirement gratuity –Where a railway servant 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 restpect of such railway servant under rule 70 shall lapse to the Government; 

            Provided that the amount of death gratuity or retirement gratuity shall be payable to the person in whose favour a succession certificate in respect of the gratuity has been granted by a Court of law. 

74.       Nomination – (1) A railway servant shall on his initial confirmation in a service or post, make a nomiation in Form 4 or Form 5, as may be appropriate in the circumstances of the case, confering on one or more persons the right to receive the death-cum-retirement gratuity payable under rule 70.           

            Provided that if at the time of making the nomination – 

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

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

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

            (3)        A railway servant may provide in the nomination – 

(i)         that in respect of any specified nominee who pre-deceases the railway servant, or who dies after the death of the railway servant but before receiving the payment of gratuity, the right conferred on that nominee shall pass to such other person as may be specified in the nomination; 

            Provided that if at the time of making the nomination the railway servant 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; 

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

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

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

            (5)        A railway servant may, at any time, cancel nomination by sending a notice in writing to the authority mentioned in sub-rule (7): 

            Provided that he shall, alongwith such notice and a fresh nomination made in accordance with its rule. 

            (6)        Immediately on the death of a nominee in aspect of whom no special provision has been made the nomination under clause (i) of sub-rule (3) or on the occurrence of any event by reason of which the nomination becomes invalid in pursuance of clause (ii) of that sub-rule, the railway servant shall send to authority mentioned in sub-rule (7) a notice in writing canceling the nomination together with a fresh nomination made in accordance with this rule. 

            (7)        (a)        Every nomination made, and every notice of cancellation given by a railway servant under these rules, shall be sent by the railway servant to his Accounts Officer in the case of a gazetted railway servant and to the Head of his office in the case of non-gazetted railway servant. 

(b)        Immediately on receipt of a nomination from non-gazetted railway servant, the Head of Office shall countersign it indicating the date of receipt and keeping with him or other responsible officer nominated by him for this purpose, and a clear note made in the service record or service book, as the case may be, of the railway servant as to what nomination and related notices have been received from him and where they have been lodged for safe custody and an acknowledgement to the railway servant concerned confirming that the nominations made by him and the related notices have been duly received and placed on record shall invariably be sent to  every railway servant making or cancelling a nomination, by the Accounts Officer in the case of gazetted railway servants and by the Head of Office in the case of non-gazetted railway servants. 

Note: -     The power to countersign nominated form sent by non-gazetted railway servants may be delegated by the Head of Office to his subordinate gazetted officer. 

            (8)        Every nomination made, and every notice of cancellation given by a railway servant shall, to the extent that it is valid, take effect from the date on which it is received by the authority mentioned in sub-rule (7): - 

75.       Family Pension Scheme for railway servants, 1964: - (1) The provisions of this rule shall apply: - 

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

 (b)        to a railway servant who was in service on the 31^st December, 1963 and came to be governed by the provisions of the Family Pension Scheme for railway employees, 1964, contained in the Railway Board’s letter No. F (P) 63 PN-1/40 dated the 2^nd January 1964 as in force immediately before the commencement of these rules. 

Note: -     The provisions of this rule have also been extended from 22^nd September 1977, to railway servants on pensionable establishments who retired or died before the 31^st December. 1963 and also to those who were alive on that date but had opted out of the 1964 Scheme. 

            (2)        Without prejudice to the provisions contained in sub-rule (3), where a railway servant dies – 

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

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

(c)        after retirement from service and was on the date of death in receipt of pension, or compassionate allowance, referred to in Chapter V, other than the pension referred to in rule 53;

 the family of the deceased shall be entitled to a family pension 1964 (hereinafter in this rule referred to as family pension) the amount of which shall be determined in accordance with the Table below: -

TABLE 

Explanation –  The expression “Continuous one year of service” whereever it occurs in this rule shall be construed to include “less than one year of continuous service” as defined in clause (b). 

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

            Provided that in no case a family pension in excess of the maximum specified under this rule shall be allowed.

(4)        (i)         (a)        Where a railway servant, who is not governed by the Workmen’s Compensation Act, 1923 (8 of 1923), dies while in  service after having rendered not less than seven years’  continuous service, the rate of family pension payable to the family shall be equal to fifty percent of the pay last drawn or twice the family pension admissible under sub-rule (2), whichever is less, and the amount so admissible shall be payable from the date following date of death of the railway servant for a period of seven years, or for a period upto the date  on which the deceased railway servant would have attained the age of sixty-five years had he survived, whichever is less. 

(b)        In the event of death of a railway servant after retirement, the Family Pension as determined under sub-clause (a) shall be payable for a period of seven years, or for a period upto the date on which the retired deceased railway servant would have attained the age of sixty-five years had he survived whichever is less. 

            That in no case the amount of family pension determined under sub-clause (b) of this clause should exceed the pension sanctioned on retirement from railway service: 

            Provided further that where the amount of pension sanctioned on retirement is less than the amount or family pension admissible under sub-rule (2), the amount of family pension determined under this clause shall be limited to the amount of family pension admissible under sub-rule (2). 

Explanation-      For the purpose of this sub-clause “pension sanctioned on retirement” includes the part of the pension which the retired railway servant may have commuted before death. 

(ii)        (a)        Where a railway servant, who is governed by the Workmen’s ompensation Act, 1923 (8 of 1923), dies while in service after having rendered not less than seven years continuous service, the rate of family pension payable to the family shall be equal to fifty percent of the pay last drawn or one and a half times the family pension admissible under sub-rule (2), whichever is less. 

(b)        The family pension so determined under sub-clause (a) should be payable for the period mentioned in clause (i): 

            Provided that where a compensation is not payable under the aforesaid Act, the pension sanctioning authority shall send a certificate to the Accounts Officer to the effect that the family of the deceased railway servant shall be paid family pension on the scale, and for the period, mentioned in clause (i). 

                        (