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GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

THE HARYANA CIVIL SERVICES RULES

PART III - Pension Rules

(1st Edition)

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PREFACE

The Finance Department of Haryana has brought out a set of

new Haryana Civil Services Rules in eight parts, which have been issued, in

exercise of the powers conferred by the proviso to Article 309 of the

Constitution of India, as under: -

(1) Part I General Rules contains rules relating to pay fixation, joining

time, foreign service and other general conditions of service;

(2) Part II- Leave Rules - contains rules relating to various kinds of leave;

(3) Part III Pension Rules - contains rules relating to pension and family

pension;

(4) Part IV Provident Fund Rules contains rules relating to General

Provident Fund;

(5) Part V Travelling Allowance Rules - contains rules relating to

travelling allowance;

(6) Part VI Other Compensatory Allowances Rules contains rules

relating to house rent allowance, conveyance allowance, hill allowance

etc.;

(7) Part VII Government Employees Conduct Rules contains rules

relating to conduct of a Government employee in service; and

(8) Part VIII Punishment and Appeal Rules contains rules relating to

punishment and appeal.

2. These rules in VIII parts are mainly based on the existing rules and

orders contained in the Punjab Civil Services Rules, Volume I, Part I Main

Rules (First Edition) 1941 and further modified in the background of the

changes resulting from the partition of the Punjab and constitutional

requirement.

3. The Punjab Civil Services Rules, Volume I, II and III published in 1941

(First Edition) were being used by the Government, with amendments from

time to time, till date before the updation in the present form, and these rules

have been brought out in VIII parts, as detailed above, for the sake of

convenience and facility for easy handling of the books to the readers.

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4. These rules will apply to Government employees belonging to the

categories mentioned in rule 1.2 of Part I General Rules of these rules from

the date of issue of this publication.

5. These rules, except Travelling Allowance Rules contained in Part V of

these rules, shall not apply to members of the I.A.S. and I.P.S. serving under

the Haryana Government. However, they will be governed by the rules issued

by the President of India in this behalf.

6. The opportunity has also been taken to include important orders

relating to interpretation of rules, in the form of Notes or Illustrations below

the relevant rule.

7. The forms which have been adopted in these rules have been given a

separate new series GR, LR and PF (abbreviation for General Rules, Leave

Rules, Provident Fund Rules) series.

8. The Finance Department of Haryana Government is the rule making

competent authority for interpretation, modification and changes in the existing

rules contained in Haryana Civil Services Rules, Part I to VI and the Chief

Secretary, General Administration Department is the competent rule making

authority for Part VII - Government Employees Conduct Rules and Part VIII -

Punishment and Appeal Rules.

9. I appreciate and acknowledge the hard work put in by Sh. Sumer Singh

Bishnoi, Principal, Accounts Training Institute, Haryana, Panchkula for

updating, re-writing and re-drafting of Civil Services Rules in VIII parts.

10. All Government employees who notice any errors or omissions in these

rules, are requested to bring them to the notice of their Head of Departments,

who will please submit their proposals to the Finance Department, through the

Administrative Department concerned for Part I to VI and to the Chief

Secretary, General Administration Department for Part VII and VIII

respectively.

Sanjeev Kaushal Dated : Financial Commissioner & Principal Secretary to Government, Haryana, Finance Department.

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The Haryana Civil Services Rules Part III Pension Rules

Chapter I Preliminary Section - I

1.1. Short title and commencement: - (a) These rules may be called the Haryana Civil Services Rules, Part III Pension Rules, 2012.

(b) These rules have been issued by the Governor of Haryana under

proviso to Article 309 of the Constitution of India.

(c) They shall come into force on the date of their publication in the official

gazettee.

1.2. Extent of Application and Definitions: - (a) Save as otherwise provided in these rules, these rules shall apply to

Govt. employees appointed on or before 31st day of December, 2005, who

are borne on pensionable establishments, but shall not apply to

(i) persons in casual and daily-rated employment;

(ii) persons paid from contingencies;

(iii) persons entitled to the benefit of a Contributory Provident Fund;

(iv) members of the All India Services

(v) persons employed on contract except when the contract provides

otherwise; and

(vi) persons whose terms and conditions of service are regulated by or under

the provisions of the Constitution or any other law for the time being in force.

(b) The provisions of rules 1.5 to 1.8 of Haryana Civil Services Rules, Part

I - General Rules shall apply mutatis mutandis to the rules in this part also.

Section II Definitions 1.3. The terms defined in Chapter II of Haryana Civil Services Rules, Part I General Rules have, unless there is anything repugnant in the subject or

context, the same meaning and implications when used in this part.

Note.- Unless the contrary appears from the context or subject the term

"pay" means pay as defined in Rule 2.37 (a)(i) of Haryana Civil Services

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Rules, Part I General Rules i.e. pay in pay band plus grade pay in the

revised pay structure.

Section III Repeal and Saving

1.4. The pension rules contained in Punjab Civil Services Rules, Volume II and Family Pension Scheme, 1964 contained in Appendix I to the ibid rules

are hereby repealed. Anything done or any action taken under rules so

repealed, shall be deemed to have been done or taken under the

corresponding provisions of these rules.

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B Ordinary Pensions Chapter II - General Provisions for Grant of Pensions

Section I - General

2.1. Every pension shall be held to have been granted subject to the conditions contained in rules 5.1 to 5.9 of these rules.

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

(b) The appointing authority reserves to itself the right of withholding or

withdrawing a pension or any part of it, whether permanently or for a specified

period, if the pensioner is convicted of serious crime or is found guilty of grave

misconduct. The decision of the appointing authority on any question of

withholding or withdrawing the whole or any part of pension under this rule

shall be final and conclusive:

Provided that, where a part of pension is withheld or withdrawn, the

amount of such pension shall not be reduced below the amount fixed as

minimum pension.

(2) Where a pensioner is convicted of a serious crime by a Court of Law,

action under sub-rule (1) shall be taken in the light of the judgement of the

Court relating to such conviction.

(3) In a case not falling under sub-rule (2), if the authority referred to in sub-

rule (1) considers that the pensioner is prima facie guilty of grave misconduct,

it shall before passing an order under 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) take into consideration the representation, if any, submitted by the

pensioner under Clause (a).

3(A) Without prejudice to the provisions of sub-rule (3), no Government

employee who having worked in any intelligence or security-related

Organization included in the Second Schedule to the Right to Information

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Act, 2005, shall without prior clearance from the Head of the Department in

the aforesaid Organizations make any publication after retirement of any

material relating to sensitive information, the disclosure of which would

prejudicially affect the sovereignty and integrity of India, the security, strategic,

scientific or economic interests of the State or relation with a foreign State, or

which would lead to incitement of an offence;

(b) The Government employees who have worked in any Intelligence or

Security-related Organization included in the Second Schedule to the Right to

Information Act, 2005, shall given an undertaking in regard to the above

restriction in Form 26 appended to these rules and any failure to observe such

an undertaking on the part of the retired Government employees shall be

treated as grave misconduct under this rule;

(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 7 any authority

other than the President, shall lie to the President and the President shall, in

consultation with the Union Public Service Commission, pass such orders on

the appeal as he deems fit.

Explanation:- In this rule, the expression Serious Crime includes a crime

involving an offence under the Official Secrets Act, 1923 (19 of 1923) and the

expression grave misconduct includes the communication or disclosure of

any secret official code or pass-word or any sketch, plan, model, article, note,

document or information such as it mentioned in Section 5 of the said Act

(which was obtained while holding office under the Government) so as to

prejudicially affect the interests of the General Public or the security of the

State.

2.3. (a) A claim against the Government employee may become known and the question of making recovery may arise -

(i) when the calculation of pension is being made and before the pension

is actually sanctioned; or

(ii) after the pension has been sanctioned.

(b) The claim and the recovery may be one or other of the following

categories:-

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(1) Recovery as a punitive measure in order to make good loss caused to

Government as a result of negligence or fraud on the part of the person

concerned while he was in service.

(2) Recovery of other Government dues such as over issues of pay,

allowances or leave salary, or admitted and obvious dues such as house

rent, travelling allowance, outstanding motor car, house building, or other

advances.

(3) Recovery of non-Government dues.

(c) In cases falling under (a) above, none of the recoveries mentioned

in (1) to (3) above may be effected by a reduction of the pension about to

be sanctioned except in the following circumstances:-

(i) When the pensioner by request made or consent given has agreed that

the recovery may be made. If such request is not made or consent is not

given by the pensioner, even sums admittedly due to Government on account

of over payment of pay and allowances, outstanding advances etc., may not

be recovered from pension. However these sums may be recovered from

the other outstanding dues of the employee such as pay or leave salary, leave

encashment and death-cum retirement gratuity. In case the sums due to

Government cannot be fully recovered, in this manner, then a suit for recovery

shall be filed in a court of law.

(d) In cases falling under (b) above, none of the recoveries described in

clauses (1) to (3) may be effected by the deduction from a pension

already sanctioned except at the request or with the express consent of the

pensioner. Under rule 2.2 (a) of these rules, future good conduct is an implied

condition of every grant of a pension and a pension can be withheld or

withdrawn in whole or in part, if the pensioner is convicted of serious crime or

is guilty of grave misconduct. This, however, refers only to crime or

misconduct occurring after the pensioner has retired from service, and the rule

would not, therefore, cover a reduction of pension made for the purpose of

retrieving loss caused to Government as a result of negligence or fraud on

the part of the pensioner occurring before he had retired from service.

In cases where the pensioner does not agree to recovery being made even of

sums admittedly due to Government, the provision under (c) above will also

be applicable.

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Note1.- Heads of offices should see that all the outstanding sums against the

employee are adjusted against the dues of the employee such as pay, leave

salary or leave encashment. In case the outstanding sums are not feasible to

be recovered fully then the outstanding amount should be clearly and

completely noted in the last pay certificate for effecting recovery from death-

cum retirement gratuity and if the recovery is to be effected from pension, it

should be clearly recorded on the last pay certificate itself that the

request or express consent of the pensioner in writing to the recovery

from his pension has been obtained.

Note 2.- The compassionate allowance is an ex-gratia monthly payment and

is not a kind of pension, recoveries from it may also not be made without the

consent of the recipient.

Note 3.- The recovery from pension is not permissible but if final recovery has

been made it need not be refunded to the pensioner concerned.

2.4. The Government further reserve to themselves the right of withholding or withdrawing a pension or any part of it, whether permanently or for a

specified period and the right of ordering the recovery from a pension of the

whole or part of any pecuniary loss caused to Government, if the pensioner

is found in departmental or judicial proceedings, to have been guilty of

grave misconduct or to have caused pecuniary loss to Government by

misconduct or negligence, during his service including service rendered on

re-employment after retirement:

Provided that -

(1) such departmental proceedings, if instituted while the Government

employee was in service whether before his retirement or during his re-

employment shall after the final retirement of the Government employee, be

deemed to be a proceeding under this rule and shall be continued and

concluded by the authority by which it was commenced in the same

manner and as if the Government employee had continued in service,

(2) such departmental proceedings, if not instituted while the

Government employee was on duty either before retirement or during re-

employment,-

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

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(ii) shall be in respect of an event which took place not more than four

years before the institution of such proceedings; and

(iii) shall be conducted by such authority and at such place or places

as the Government may direct and in accordance with the

procedure applicable to departmental proceedings in which an

order of dismissal from service could be made;

(3) such judicial proceedings, if not instituted while the Government

employee was on duty either before his retirement or during his re-

employment, shall be instituted in respect of an event as is mentioned in

clause (ii) of proviso (2); and

(4) The Haryana Public Service Commission or The Haryana Staff

Selection Commission, as the case may be, shall be consulted before final

orders are passed.

Explanation:- For the purpose of this rule:-

(1) departmental proceedings shall be deemed to have been instituted

when the charges framed against the pensioner are issued to him or, if the

Government employee has been placed under suspension from an earlier

date, on such date; and

(2) judicial proceedings shall be deemed to have been instituted.

(i) in the case of criminal proceeding, on the date on which the

complaint is made or a challan is submitted to a criminal court; and

(ii) in the case of civil proceeding, on the date on which the plaint is

presented or, as the case may be, an application is made to civil court.

Note 1.- As soon as proceedings of the nature referred to in the above rule

are instituted, the authority which institutes such proceedings should

without delay intimate the fact to the Accountant General.

Note 2.- In a case in which a pension as such is not withheld or withdrawn,

but the amount of any pecuniary loss caused to Government is ordered to be

recovered from the pension, the recovery should not ordinarily be made at

a rate exceeding one-third of the gross pension originally sanctioned

including any amount which may have been commuted.

Note 3.- Where a part of pension is withheld or withdrawn, the amount of such

pension shall not be reduced below the amount fixed as minimum pension.

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Section II- Compassionate Allowance

2.5. No pension may be granted to a Government employee dismissed or removed for misconduct, insolvency or inefficiency; but to Government

employees so dismissed or removed, compassionate allowances may be

granted when they are deserving of special consideration:

Provided that the allowance granted to any Government employee shall

not exceed two-thirds of the pension which would have been admissible

to him if he had retired on medical certificate.

Note 1.- This rule vests Government with an absolute discretion to grant or

not to grant any compassionate allowance, the only restriction being that

if granted, it shall not exceed the maximum of two-thirds of the pension that

would be admissible to the Government employee concerned on retirement

on medical certificate. It is practically impossible in view of the wide

variations that naturally exist in the circumstances attending each case, to lay

down categorically precise principles that can uniformally be applied to

individual cases. Each case, has, therefore, to be considered on its merits

and a conclusion has to be reached on the question whether there were any

such extenuating features in the case as would make the punishment

awarded, though it may have been necessary in the interests of

Government, unduly hard on the individual. In considering this question, it

has been the practice to take into account not only the actual misconduct

or course of misconduct which occasioned the dismissal or removal of the

Government employee, but also the kind of service he has rendered. Where

the course of misconduct carries with it the legitimate inference that the

Government employee service has been dishonest there can seldom be any

good case for a compassionate allowance. Poverty is not an essential

condition precedent to the grant of a compassionate allowance, but special

regard is also occasionally paid to the fact that the officer has a wife and

children dependent upon him, though this factor by itself, is not, except

perhaps in the most exceptional circumstances, sufficient for the grant of a

compassionate allowance.

(See also note 2 below Rule 11.1)

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Note 2.- A commutation to such an allowance may be sanctioned by a

competent authority only on proof that the proceeds of the commutation will

be invested for the permanent benefit of the commuters family.

Note 3.- In cases where it is proposed to grant a Government employee

dismissed or removed from service, a compassionate allowance, the

sanctioning authority should not condone deficiencies in service, for the

purpose of determining the amount of pension that would have been

admissible to him if he had retired on medical certificate on the basis of

which the compassionate allowance is calculated.

Section III Limitations

2.6. (a) A Government employee cannot earn two pensions in the same post at the same time, or by the same continuous service.

(b) Save as provided in rule 3.15 of Haryana Civil Services Rules, Part - I,

General Rules, two Government employees may not simultaneously count

service in respect of the same post.

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CHAPTER III - Service Qualifying for Pension Section I General

A - Beginning of Service

3.1. Unless it is otherwise provided by special rule or contract, the service of every Government employee begins to qualify for pension when he takes

charge of the post to which he is first appointed.

3.2. Except for compensation gratuity, the service of a Government employee does not qualify till he has completed eighteen years of age.

Section II - Conditions of Qualification

A General

3.3. The service of a Government employee does not qualify for pension unless it conforms to the following three conditions:-

First - The service must be under Government.

Second - The employment must be regular.

Third - The service must be paid for by Government.

B- First Condition - Service under Government

3.4. The service of a Government employee does not qualify unless he is appointed and his duties and pay are regulated by the Government, or under

conditions determined by the Government.

C- Second Condition Regular Employment

(i) - General

3.5. If an employee was holding a regular post on the date of his retirement, his temporary/ officiating/ permanent continuous service without interruption

from the date of his regular employment in the same or another post under the

State Government, shall count in full as qualifying service for pension.

Note 1.- In the case of a Central/State Governments employee who is

permanently transferred to Haryana Government and becomes subject to

these rules, the terms "temporary/ officiating/ permanent continuous service",

shall include such service rendered under Central/ State Governments.

Note 2.- In respect of employees, who render service under the

Central/State Governments prior to securing posts under the Haryana

State on their own volition in response to advertisements or circulars, their

service in the previous Government shall be counted as qualifying service for

pension provided they apply for the post through proper channel.

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Note 3.- Where an employee is required for administrative reasons for

satisfying technical requirement, to tender resignation from the post held by

him before joining the new appointment in Haryana State, a certificate to the

effect that such resignation had been tendered for administrative reasons

and/or to satisfy a technical requirement, to join, with proper permission, the

new post, 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. The sanction regarding the

counting of such service for pension be accorded by the competent authority

on the request of the employee within a reasonable time after appointment

and not at the time of his retirement.

The gratuity, if any, received by the Government employee for such service

from the previous Government will have to be refunded by him to

Haryana Government in lumpsum, alongwith interest with annual

compounding at the rate applicable to General Provident Fund.

(b) The employee who while holding a post under Central/State

Governments apply for a post under Haryana State direct without permission

and resigns his previous post to join the new appointment shall not be

entitled to count his previous service for pension.

3.6. (a) Subject to the provisions of clause (d) below, all regular service interrupted or continuous under Haryana Government shall be treated as

qualifying service for pension. The adhoc service followed by regularization

shall also be counted as qualifying service for pension. The period of break in

between two or more spells of service shall be omitted while working out

aggregate service.

(b) Extraordinary leave counted towards increments under rule 4.9 (b) (ii)

of Haryana Civil Services Rules, Part-I, General Rules will be treated as

service qualifying for pension.

(c) Periods of suspension, dismissal, removal, compulsory retirement

followed by re-instatement will count for pension to the extent permissible

under rule 4.9 of these Rules readwith rule 7.3 of the Haryana Civil Services

Rules, Part-I, General Rules.

(d) Resignation from the public service or dismissal or removal from it

for misconduct, insolvency, inefficiency, not due to age, or failure to pass a

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prescribed examination will entail forfeiture of past service in terms of rule

4.10 (a) of these Rules.

(e) An interruption in the service of a Government employee caused by

wilful absence from duty and unauthorized absence without leave will as

hitherto entail forfeiture of past service.

Explanation .- The wilful refusal to perform duties by a Government employee

by any means including pen down strikes shall be deemed to be wilful

absence from duty.

(f) The service paid from contingencies followed by regularization will

count as qualifying service subject to the following conditions: -

(i) Service paid from contingencies should have been in a job involving

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

(ii) Service paid from contingencies should be in a type of work or job for

which regular post should have been sanctioned;

(iii) The service should have been such for which the payment is made

either on monthly or daily rates computed and paid on a monthly basis

and which though not analogous to the regular scale of pay/ pay structure

should bear some relations in the matter of pay to those being paid for

similar jobs being performed by staff in regular establishments; and

(iv) The service paid from contingencies should have been continuous and

followed by absorption in regular employment without a break.

Note .- While bringing contingent paid employee to the regular

establishment an entry for verification of contingent service should be made

at the appropriate place in his service book, preferably before making

any entry regarding his regular service in the following manner:-

"Service from__________ to___________ paid out of contingencies verified

from acquaintance rolls and office copies of contingent bills". This entry

should be signed by the Head of Office with date.

(g) The entire service rendered by an employee as work charged shall be

reckoned towards retirement benefits provided: -

(i) such service is followed by regular employment;

(ii) there is no interruption in the two or more spells of service or the

interruptions fall within condonable limits; and

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(iii) such service is a whole time employment and not part-time or portion of

day.

3.7. Service as an apprentice does not qualify for pension. 3.8. If the post held by a Government employee is abolished within the meaning of Rule 5.2, but the Government employee, at that time is on duty to

another post, or on abolition of his post is deputed to another post, his service

on duty to another post qualifies for pension till final decision is taken to retain

or retire him.

D - Third Condition - Service Paid by Government

(i) Service paid from Government revenues 3.9. Service paid from the Government revenues means the service paid from the consolidated fund of the State and is to be treated as qualifying

service for pension.

(ii) Service paid from Local Funds

3.10. Except as otherwise provided by the competent authority the service paid from a Local Fund does not qualify for pension.

3.11. When a pension is payable partly by Government and partly by a Local Fund, the Local Fund concerned may pay the capitalized value

(calculated on the basis of the table of Commutation values for pensions

applicable to the pensioners, increased by 10 per cent) of its share of the

pension to Government which will thereupon accept liability for the payment

of the entire pension.

3.12. The Government does not guarantee the solvency of Funds formed by the subscriptions of Local Fund employees and established to provide

pensions for the subscribers thereto.

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CHAPTER IV - Reckoning of Service for Pension Section I Introductory

4.1. The conditions and limitations under which service in a post qualifies for pension are laid down in Chapter III. The rules governing special

additions to service qualifying for superannuation pension, and those

relating to the counting of Military Service, periods of leave, suspensions,

resignations, etc., for pension, and condonation of breaks and deficiencies

in service are contained in the succeeding sections of this Chapter.

Section II - Special Additions to Service Qualifying for Superannuation

Pension

4.2. (1) A Government employee who retires from a service or post shall be eligible to add to his service qualifying for superannuation pension (but

not for any other class of pension) the actual period not exceeding one-fourth

of the length of his service or the actual period by which his age at the time

of recruitment exceeds twenty-five years or a period of five years,

whichever is least, if the service or post to which the Government employee

is appointed is one,-

(a) for which post-graduate research or specialist qualification, or

experience in scientific, technological or professional fields is essential;

and

(b) to which candidates of more than twenty-five years of age are

normally recruited:

Provided that this concession shall not be admissible to a Government

employee unless his actual qualifying service at the time he quits Government

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 contained a specific

provision that the service or post is one which carries the benefit of this rule:

Provided further that this concession shall not be admissible to those

who are eligible for counting their past service for superannuation pension,

unless they opt for it at the time of appointment, the option once exercised

shall be final, for the weightage of service foregoing the counting of the past

service.

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(2) In case of direct recruit to the Superior Judicial Service appointed from the bar, the actual period of practice at bar not exceeding ten years, shall be

added to his service qualifying for superannuation pension and other

retirement benefits.

Note 1.- The decision to grant the concession under this rule shall be taken by

the Administrative Department at the time of recruitment in consultation

with the Finance Department and the Public Service Commission.

Section III - Counting of Military Service towards Civil Pension

4.3. (a) Service rendered by an employee, which is pensionable under Military Rules but which terminates before a pension has been earned in

respect of it, may be allowed to count, when followed by service qualifying for

pension under civil rules, as part of such service. Service so allowed to count

shall, however, be restricted to service, within or outside employees unit or

department, in India or elsewhere, which has been paid from Indian revenues

or for which a pensionary contribution has been received by Indian revenues:

Provided that any bonus or gratuity received in lieu of pension on, or

since, discharge from Military service, shall be refunded in such number of

monthly instalments, not normally exceeding 36 and beginning from such

date, as in each case, the Government may decide. The amount shall be

refunded alongwith interest calculated at the rate applicable on General

Provident Fund accumulation from time to time computed in the same manner

(i.e. with annual compounding) for the period from date of receipt of

pensionary/gratuity benefits till the date of refund to the Government:

Provided further that in cases where after the issue of the orders by the

competent authority on the basis of option exercised by an employee for

counting of past service for pensionary benefits, if an individual does not

deposit the amount of bonus/gratuity already received by him from military

authorities within one month of the receipt of communication from the

Government, penal interest at the rate of 10% per annum shall also be

charged in addition to normal rate of interest.

(b) Service pensionable under military rules which does not terminate

before a pension has been earned in respect of it shall not be allowed to

count for pension under civil rules without the sanction of the competent

authority.

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Note 1.- When an order is passed under this rule allowing previous military

service to count as part of the service qualifying for civil pension, it should

be taken as carrying with it condonation of breaks, if any, in the Military

service, or the break, if any, between the military service and the civil service.

Note 2.- The sanction regarding the counting of military service should be

accorded by the competent authority at the time of appointment of the person

concerned and not at the time of his retirement from civil service.

Sanctions accorded in such cases are required specially to mention the

amount of gratuity or bonus recoverable, the number of monthly

instalments in which the bonus or gratuity is to be recovered and the date

from which the recovery is to commence. If, in any case, the gratuity is not to

be recovered, the fact will be specially stated in the sanction. The gratuity

once refunded in order to secure the benefit of counting former military service

for civil pension cannot be paid back in any circumstances.

Note 3.- The expression "gratuity or bonus" occurring in clause (a) refer to

service gratuity or bonus only, and not war gratuity or bonus, received as a

reward for War service.

Section IV- Periods of Leave/Authorised Absence from Duty

A - Periods of Leave

4.4. In respect of Government employees who retire or die on or after the 22nd April, 1964, the time passed on leave of all kinds except extraordinary

leave taken otherwise than on medical certificate shall count as service for

pension. The competent authority may direct that extraordinary leave taken for

prosecuting higher scientific and technical studies shall be counted for

pension. The period of overstayal of leave does not count for pension.

B - Periods of Training

4.5. A competent authority will decide in the case of a Government employee (including a person in training for, but not actually appointed to,

Government Service) or any specified class of Government employees

who is selected to undergo a course of training, whether the time spent in

training shall count as service qualifying for pension.

4.6. In respect of Government employees, who are required to undergo departmental training relating to jobs before they are put on regular

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employment, training period may be treated as qualifying service for

pension, if the training is followed immediately by regular appointment.

This benefit will be admissible to all such employees even if they are not given

the scales of pay of the post but only a nominal allowance during the training.

C- Deputation out of India

4.7. When a Government employee is deputed out of India on duty, the whole period of his absence from India counts for pension. The Government

employee when already on leave out of India is employed, or is detained

after the termination of his leave, on duty, the period of such employment

or detention counts for pension.

Note. - The period of deputation converted into leave should count for pension

as leave and not as deputation. Such leave, if consists of a period of extra

ordinary leave, the same may be treated as qualifying for pension with the

approval of competent authority.

D - Period of Voyage to India on Recall to Duty

4.8. Time spent on the voyage to India by a Government employee who is recalled to duty before the expiry of any recognized leave out of India counts

as qualifying for pension provided his return to duty is compulsory.

Section V- Suspensions, Resignations, Breaks and Deficiencies in

Service

A- Periods of Suspension

4.9. Time passed by a Government employee under suspension pending inquiry into conduct shall count as qualifying service where, on conclusion of

such inquiry, he has been fully exonerated or the suspension is held to be

wholly unjustified. In other cases, the period of suspension shall not count

unless the authority competent to pass orders under the rule governing such

cases expressly declares at the time that it shall count to such extent.

B- Resignations and Dismissals

4.10. (a) Resignation from public service, dismissal or removal from it, either under proviso (c) to Article 311 (2) of the Constitution for over anti-

national activities such as sabotages espionage etc. or for misconduct,

insolvency, inefficiency not due to age or failure to pass a prescribed

examination, entails forfeiture of past service and no pension shall be

granted in the aforementioned circumstances:

21

Provided that in the case of those Government employees whose

removal or dismissal results from participation in other objectionable activities

affecting or endangering the security of the State, such proportionate

pension may be granted as may be recommended by the Committee

of the Advisors constituted under the Haryana Civil Services (Safe-

guarding of National Security) Rules, 1971.

(b) Resignation of an appointment to take up, with proper permission,

another appointment, whether permanent or temporary, service in which

counts in full or in part, is not a resignation of public service.

(c) In cases where an interruption in service is inevitable due to the

two appointments being at different stations, such interruptions, not

exceeding the joining time permissible under the rules on transfer, shall

be covered by grant of leave of any kind due to the Government employee

on the date of relief or by formal condonation under Rule 4.14 to the

extent to which the period is not covered by leave due to the Government

employee.

Note. - The previous service of a Government employee is forfeited who takes

up another appointment by resigning the previous service of his own accord.

4.11. (a) A Government employee who is dismissed, removed or compulsorily retired from public service, but is reinstated on appeal or

revision, is entitled to count his past service.

(b) The period of break 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 unless

regularized as duty or leave by a specific order of the authority which

passed the order of reinstatement.

C - Interruptions

4.12. An interruption in the service of a Government employee entails forfeiture of his past service, except in the following cases:-

(a) Authorized leave of absence;

(b) Unauthorized absence in continuation of authorized leave of absence;

(c) Suspension where it is immediately followed by reinstatement

whether to the same or different office, or where the officer dies or is

permitted to retire or is retired while under suspension;

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(d) Abolition of post or loss of appointment owing to reduction of

establishment;

(e) Transfer to non-qualifying service in an establishment under

Government control, if such transfer has been made by competent authority in

the public interest;

(f) Joining time while on transfer from one post to another.

Note 1.- Joining time would not qualify if no allowances are admissible under

Chapter VII of Haryana Civil Services, Part I, General Rules.

4.13. The authority which sanctions the pension may commute retrospectively periods of absence without leave into leave without allowances

or extraordinary leave.

Note. - The power under this rule of commuting retrospectively

periods of absence without leave into leave without allowances is absolute,

the purpose of the rule being merely to obviate, for purposes of pension,

the forfeiture of past service.

D - Condonation of Interruptions and Deficiencies

4.14. Interruption between two spells of service rendered by a Government employee under Government may be condoned subject to the following

conditions:-

(i) The interruption should have been caused by reasons beyond the

control of the Government employee.

(ii) Service preceding the interruption should not be less than two years

duration.

(iii) The interruption should not be more than one years duration.

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CHAPTER V Different Kinds of Pensions and Conditions for Grant of Pension

Section I- Classification of Pensions

5.1. Pensions are divided into four classes as under:- (a) Compensation Pensions (see Section II).

(b) Invalid Pensions (see Section III).

(c) Superannuation Pensions (see Section IV).

(d) Retiring Pensions (see Section V).

Section II - Compensation Pension

A Conditions of Grant

5.2. (1) If a Government employee is selected for discharge owing to the abolition of his post, he shall, unless he is appointed to another post the

conditions of which are deemed by the authority competent to discharge him

to be at least equal to those of his own, have the option: -

(a) of taking compensation pension to which he may be entitled for the

service he had rendered, or

(b) of accepting another appointment on such pay (even on lower 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 Government employee

before his services are dispensed with on the abolition of his post.

(b) Where notice of at least three months is not given and the Government

employee 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 receives pay and allowances in lieu of notice.

(3) In case a Government employee 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 for the period

following his re-employment.

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(4) If a Government employee who is entitled to compensation pension

accepts another appointment under the Government and subsequently

becomes entitled to receive a pension of any class, the amount of such

pension shall not be less than the compensation pension which would have

been admissible if he had not accepted the appointment.

Note 1.- The discharge of one Government employee to make room for

another better qualified is not the abolition of a post within the meaning of

this rule, the abolition must produce a real saving of Government.

Note 2.- A Government employee in foreign service, on abolition of his post in

parent cadre, shall be treated in the similar manner for discharge or retention

as he had been in parent department but for his being on foreign service.

Note 3.- The pay and allowances to be paid in lieu of notice period are not

granted as compensation for loss of employment but only in lieu of notice of

discharge with a view to mitigate the hardship caused to a Government

employee by the sudden loss of employment.

Note 4.- Unless it contains an express statement to the contrary, an order for

the abolition of an office or post shall not be brought into operation till the

expiry of three months after notice has been given to the Government

employees whose services are to be dispensed with on such abolition. The

immediate head of the office or the Department will be held responsible that

there is no unnecessary delay in giving such notice. In the case of a

Government employee on leave, the order shall not be brought into operation

until the leave expires.

Note 5.- The pay and allowances to be paid in lieu of the notice period shall

be at the rate of monthly pay and allowances drawn immediately before the

retirement. The pay and allowances mean gross salary i.e. pay in the pay

band + applicable grade pay, special pay, personal pay, non- practicing

allowance (if admissible), handicap allowance, fixed medical allowance and

house rent allowance etc.

Note 6.- The pay and allowances paid in lieu of notice period on abolition of a

post should be charged to the particular department to which the pay of the

post was debited before its abolition.

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B - Procedure

(I) Selection for Discharge

5.3. The selection of Government employees to be discharged upon the reduction of an establishment should prima facie be so made that the

least charge for compensation pension will be incurred.

5.4. Particulars of the saving effected should be fully set forth in every application for compensation pension. The saving should always exceed the

cost of the pension, otherwise it may perhaps be better to postpone the

reduction of establishment or abolition of post.

Note 1.- In any scheme for reorganizing an establishment, the claim to

pension that may arise in consequence of the reorganisation should always

be considered before a change is made and except in cases of very

urgent necessity, no revision of establishment should be carried out which

would have the effect of giving rise to claims to compensation pension, the

cost of which cannot be met out of savings effected by the revision.

Note 2.- The saving referred to in this rule should be calculated with

reference to the emoluments actually drawn at the time of the abolition of the

post.

Section III - Invalid Pension

A - Conditions of Grant

5.5. Invalid Pension.- (1) Invalid pension may be granted if a Government employee retires from

the service on account of any bodily or mental infirmity which permanently

incapacitates him for the service. A Government employee applying for an

invalid pension shall submit a medical certificate of incapacity from the

Medical Board.

Note 1.- No medical certificate of incapacity or service may be granted unless

the applicant produces a letter to show that the Head of his Office or

Department is aware of the intention of the applicant to appear before the

Medical Authority. The medical authority shall also be supplied by the Head of

the Office or department in which the applicant is employed with a statement

of what appears from official records to be the age of the applicant. If a

service book is being maintained for the applicant, the age recorded therein

should be reported.

26

Note 2. - A lady doctor shall be included as a member of the Medical Board

when a woman candidate is to be examined.

(2) The Medical Authority shall issue the Medical certificate in the form

specified in rule 5.6 of these rules.

(3) Where the Medical Authority referred to in sub-rule (2), has declared a

Government employee 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 allowed to continue in service with all future benefits (as

per provisions of Disability Act,1995), otherwise, he may be admitted to

invalid pension.

(4) The Medical Board should record the reasons for disability of the

Government employee specifying the disease accountable for the

disability

and merely a simple certificate of inefficiency due to old age or natural

decay from advancing years, is not sufficient.

Note. - Senile contract, arterial changes consequent on senile decay,

general nervous breakdown, and commencing cataract may be treated

as specific disease.

5.6. The form of medical certificate to be issued by the Medical Board in respect of a Government employee applying for invalid pension in India or

while on leave abroad, shall be as follows:-

"We have carefully examined Mr.___________s/o__________ ageing ____

years and employed in the office of______, taking into account all the facts of

the case as well as his present condition, we consider that he is incapable of

discharging the duties of his situation, and that such incapability is likely to be

permanent.

Note 1.- If the incapacity is obviously the result of intemperance

substitute for the last sentence "In our opinion his incapacity is the result of

irregular or intemperate habits.

Note 2.- If the incapacity does not appear to be complete and permanent, the

certificate should be modified accordingly and the following addition should be

made:-

We are of opinion that Mr. A/B, is fit for further service of a less

laborious character than that which he has been doing (or may, after

27

resting for ________ months, be fit for further service of a less laborious

character than that which he has been doing).

Section IV - Superannuation Pension

A - Conditions of Grant

5.7. A superannuation pension shall be granted to a Government employee who is required to retire at the prescribed age in accordance with the provision

of Rule 3.22 (a) of Haryana Civil Service Rules, Part I General Rules.

Section V- Retiring Pension

5.8. A retiring pension, in the following cases, shall be granted to a Government employee who is retired, or seeks retirement, in advance of the

age prescribed for compulsory retirement in Rule 3.22 (a) of Haryana Civil

Services Rules, Part I- General Rules:-

(a) Retired on attaining the age of 50 years, or 55 years, or 58 years, as

the case may be, in accordance with the provisions of Rule 3.22 (c) of

Haryana Civil Services Rules, Part I- General Rules.

(b) Retired on completion of 25 years of qualifying service in accordance

with the provisions of Rule 3.22 (d) of Haryana Civil Services Rules, Part I-

General Rules.

(c) Seeking retirement on attaining the age of 50 years, or 55 years, or 58

years, as the case may be, in accordance with the provisions of Rule 3.22 (e)

of Haryana Civil Services Rules, Part I- General Rules.

(d) Seeking voluntary retirement after completion of 20 years of qualifying

service in accordance with the provisions of Rule 3.23 of Haryana Civil

Services Rules, Part I- General Rules.

5.9. (1) On a Government employee completing twenty years of service or on his being left with five years of service before the date of retirement,

whichever is earlier, the head of office shall, in accordance with the rules for

the time being in force, verify the service rendered by such a Government

employee, determine the qualifying service and communicate to him, in form

Pen-13, the period of qualifying service so determined.

(2) The verification done under sub-rule (1) 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 qualified for

pension.

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Chapter VI- Amount of Pensions Section I - General

6.1. The amount of pension that may be granted is determined by length of service. The length of qualifying service for the purpose of pension shall be

calculated in terms of completed six monthly period and fraction of a half year

equal to three months and more shall be treated as a completed six monthly

period.

6.2. Pensions shall be fixed in rupees and the fraction of a rupee shall be rounded off to the next higher rupee at final stage of computing pension.

Note 1.- The rounding off to the next higher rupee is to be done only once at

final stage but not at the intermediatory stage of computing emoluments.

Note 2.- This rule applies to all classes of pensions granted under various sets

of rules as mentioned in chapter V including compassionate allowance,

death cum - retirement gratuity and service gratuity.

Note 3.- Where the competent authority orders for recovery from pension

under rule 2.3 or 2.4 of these rules, the recovery shall be effected in whole

rupees only so that the resultant pension may be paid in whole rupees after

effecting recovery.

6.3. Pension shall be fixed in rupees and be paid in India. 6.4. If a Government employee who is entitled to compensation pension accepts instead another post in the public service and subsequently becomes

again entitled to receive pension of any class, the amount of such pension

shall not be less than he could have claimed if he had not accepted the post.

6.5. Limitations - A Government employee entitled to pension may not take a gratuity instead of pension.

6.6. A Government employee at the time of retirement, if holding or held earlier, additional charge of any other post(s) and being paid any amount for

that, the same shall not have any effect on calculation of pension.

6.7. A Government employee is not entitled, for service in a post conjointly with another post, to any pension which would not have been admissible to

him if he had held the post separately and alone.

Section II - Pension Rules (Gratuity and Pension)

A - General

29

6.8. (1) A Government employee retiring in accordance with the provisions of these rules before completing a qualifying service of ten years,

he will be entitled for service gratuity only and no pension will be admissible.

The amount of service gratuity shall be calculated at the rate of half months

emoluments for every completed six monthly period of qualifying service and

no additional or special additional pension shall be granted to him.

(2) In the case of a Government employee retiring on or after the 17th

April, 2009, in accordance with the provisions of these rules after completing

qualifying service of not less than twenty eight years or more, the amount of

superannuation, retiring, invalid and compensation pensions shall be 50% of

last pay drawn subject to a maximum upto 50% of highest pay in the

Government [the highest pay in the Government is Rs. 79000/- (pay band +

grade pay)] since 1st January, 2006. However, in the case of a Government

employee who at the time of retirement has rendered qualifying service of ten

years or more but less than twenty eight years, the amount of pension shall be

such proportion of the maximum admissible pension as the qualifying service

rendered by him bears to the maximum qualifying service of twenty eight

years, subject to a minimum of Rs. 3500/- per mensem (A few illustrations are

given in Annexure to this Rule).

(3) Notwithstanding any thing contained in sub-rule 1 and 2, the amount of

invalid pension shall not be less than the amount of family pension admissible

under rule 6.17(3).

Note. - The revised pension of pre1st January, 2006 retirees, who retired after

completing thirty three years of qualifying service, shall not be less than 50%

of the sum of minimum of Pay Band + Grade Pay/Pay Scale corresponding to

the scale of pay the pensioner held at the time of their retirement. The pension

will be reduced on pro-rata basis, where the pensioner had less than thirty

three years of qualifying service but not less than Rs. 3500/- being minimum

pension since1st January, 2006.

Annexure

[Referred to in sub-rule (2) of Rule 6.8]

Last Pay Drawn (Band Pay + Grade

Pension on completion

Pension on completion

Pension on completion

Pension on completion

30

Pay) of 28 years qualifying service or more.

of 25 years qualifying service or more.

of 20 years qualifying service or more.

of 15 years qualifying service or more.

Rs. 5400+1300 =6700

6700/2 X 56/56 Rs. 3350

6700/2 X 50/56 2991.07 Rs. 2992

6700/2 X 40/56 2392.86 Rs. 2393

6700/2 X 31/56 1854.46 Rs. 1855

(But these will be given minimum pension @ Rs. 3500) Rs. 11540+3200 =11470

14740/2 X 56/56 Rs. 7370

14740/2 X 50/56 6580.35 Rs. 6581

14740/2 X 40/56 5264.29 Rs. 5265

14740/2 X 31/56 4079.82 Rs. 4080

Rs. 24600+5400 =30000

30000/2 X 56/56 Rs. 15000

30000/2 X 50/56 13392.85 Rs. 13393

30000/2 X 40/56 10714.29 Rs. 10715

30000/2 X 31/56 8303.57 Rs. 8304

Rs. 30690+7600 =38290

38290/2 X 56/56 Rs. 19145

38290/2 X 50/56 17093.75 Rs. 17094

38290/2 X 40/56 Rs. 13675

38290/2 X 31/56 10598.13 Rs. 10599

Rs. 51850+12000+15963 (NPA @ 25%) =79813

79813/2 X 56/56 39906.50 Rs. 39907 (but limited to Rs. 39500 being maximum pension).

79813/2 X 50/56 35630.80 Rs. 35631

79813/2 X 40/56 28504.64 Rs. 28505

79813/2 X 31/56 22091.10 Rs. 22092

Note 1. - The minimum and maximum limit of pension shall be Rs.3500/- and

Rs.39500/- respectively w.e.f. 1-1-2006.

Note 2.- The qualifying service shall be counted in terms of complete six

monthly period for calculating pension and fraction of year equal to three

months and more shall be treated as a completed six monthly period.

6.9. Additional pension to the old pensioners from 1.1.2006:- The quantum of pension available to the old pensioners shall be

increased with the increase in age as under:-

31

Age of pensioner Additional quantum of pension

From 80 years to less than 85 years 20 percent of revised basic pension

From 85 years to less than 90 years 30 percent of revised basic pension

From 90 years to less than 95 years 40 percent of revised basic pension

From 95 years to less than 100 years 50 percent of revised basic pension

100 years or more 100 percent of revised basic pension

Note 1.- The Additional quantum of pension on attaining the age of 80 years

and above shall be admissible from the first day of the month in which date of

birth falls. For example, if a pensioner completes the age of 80 years in the

moth of August, 2009, he will be entitled to additional pension with effect from

1st August, 2009. Those pensioners, whose date of birth is 1st August, will also

be entitled to additional pension with effect from 1st August, 2008 on attaining

the age of 80 years and above.

Note 2.- The Accountant General (A&E), Haryana shall ensure that the date of

birth and the age of pensioners is invariably indicated in the Pen-I and the

pension payment order to facilitate payment of additional pension by the

Pension Disbursing Authority as soon as it become due. The amount of

additional pension shall be shown distinctly in Pension Payment Order. For

example, in case where a pensioner is more than 80 years of age and his

pension is Rs.10,000 PM, the pension will be shown as (i) Basic

Pension=Rs.10,000 and (ii) Additional Pension=Rs.2,000 per month. The

pension on his attaining the age of 85 years will be shown as (i) Basic

Pension=Rs.10,000 and (ii) Additional Pension=Rs. 3,000 per month.

B - Death-cum-Retirement-Gratuity

6.10. (1) A Government employee, who has completed five years qualifying service and has become eligible for service gratuity or pension

under Rule 6.8(2), 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 16 times of the emoluments

in case of Group A, B, C employees and 17 times of the emoluments in

case of Group D employees.

32

(2) If a Government employee dies while in service, the death gratuity shall

be paid to his family in the manner indicated in Rule 6.11 at the rates given in

the table below, namely:-

Length of qualifying service on Rate of death gratuity

the date of death (i) Less than 1 year 2 times of emoluments

(ii) One year or more but less than 6 times of emoluments

5 years

(iii) 5 years or more but less than 12 times of emoluments

24 years

(iv) 24 years or more one fourth of emoluments for each

half yearly qualifying service subject to a maximum of 16 times of the

emoluments in case of Group A, B, C employees and 17 times of the

emoluments in case of Group D employees:

Provided that where the amount of retirement or death gratuity as

finally calculated contains a fraction of a rupee, it shall be rounded off to the

next higher rupee:

Provided further that the amount of retirement gratuity or death gratuity

payable under this rule, from 1.1.2006, shall in no case exceed ten lakhs

rupees.

(4) If a Government employee, who has become eligible for a service

gratuity or pension, dies within five years from the date of his retirement from

service and the sums actually received by him at the time of his death on

account of such gratuity or pension including adhoc increase, if any, together

with the retirement gratuity admissible under sub-rule (1) and the commuted

value of any portion of pension commuted by him are less than the amount

equal to 12 times of his emoluments, a residuary gratuity equal to the

deficiency may be granted to his family in the manner indicated in Rule 6.11.

(5) The emoluments for the purpose of gratuity admissible under this rule

shall be reckoned in accordance with Rule 6.13 plus dearness allowance

thereon at the rate admissible on the date of retirement/death.

Note. - In the case of Government employee who during the currency of the

leave preparatory to retirement, or authorised leave on full pay/half pay,

33

earns an increment which is not withheld, he is entitled to count the pay

which he would have drawn had he remained on duty, as "emoluments"

for the purpose of death-cum-retirement-gratuity under this sub-rule, even

though the increase in pay is not actually drawn during leave.

(6) The Government shall have the right to effect recoveries from gratuity

sanctioned under this rule, in the same circumstances as recovery can be

effected from an ordinary pension under rule 2.2 and 2.4 of these rules.

(7) No gratuity may be granted under this rule, if the employee was

dismissed or removed for misconduct, insolvency or inefficiency.

6.11. (1) For the purpose of this rule, family in relation to a Government employee, means

(i) wife including judicially separated wife, in the case of male

Government employee;

(ii) husband including judicially separated husband in the case of female

Government employee;

(iii) sons including adopted sons;

(iv) unmarried daughters;

(v) widowed daughters

(vi) brothers below the age of 18 years and un-married and widowed

sisters;

(vii) father, including adoptive parents in case of individuals whose personal

law permits adoption;

(viii) mother, including adoptive parents in case of individuals whose

personal law permits adoption;

(ix) married daughters; and

(x) children of a predeceased son(s).

(2) "persons" for the purpose of this rule shall include any company or

association or body of individuals, whether incorporated or not.

(3) A Government employee shall, after joining regular service, make a

nomination, conferring on one or more persons, the right to receive any

gratuity that may be sanctioned under rule 6.10 which has not been paid

to him before death:

34

Provided that if, at the time of making the nomination, the Government

employee has a family, the nomination shall not be in favour of any person(s)

other than members of his family.

(4) If a Government employee nominates more than one person under

sub-rule (3) he shall specify in the nomination the amount of share payable to

each of the nominees, in such manner as to cover the whole amount of the

gratuity.

(5) A Government employee may provide in the nomination -

(a) in respect of any specified nominee, that in the event of his

predeceasing the Government employee the right conferred upon that

nominee shall pass to such other persons as may be specified in the

nomination; provided that if at the time of making the nomination the

Government employee has a family consisting of more than one member, the

person so specified shall not be a person other than a member of his family;

(b) that the nomination shall become invalid in the event of the happening

of the contingency specified therein.

(6) The nomination made by a Government employee who has no

family at the time of making it, or a provision made in nomination under

clause (a) of sub-rule (5) by a Government employee whose family consists,

at the date of making the nomination, of only one member, shall

become invalid in the event of the employee subsequently acquiring a

family, or an additional member in the family, as the case may be.

(7) (a) Every nomination shall be in such one of the forms Pen-1 or Pen-1A

as may be appropriate in the circumstances of the case.

Note. - The forms provide for only one alternate nominee and it is not open to

a Government employee to nominate more than one alternate nominee

against any original nominee.

(b) A Government employee may at any time cancel a nomination, by

sending a notice in writing to the Head of Office:

Provided that the Government employee shall, along with such notice, send a

fresh nomination made in accordance with this rule.

(8) Immediately on the death of a nominee, in respect of whom no

special provision has been made in the nomination under clause (a) of

sub-rule (5), or on the occurrence of any event, by reason of which the

35

nomination becomes invalid, in pursuance of clause (b) of that sub-rule or

sub-rule (6), the employee shall send to the Head of Office a notice in writing

formally cancelling the nomination, together with a fresh nomination made in

accordance with this rule.

(9) (i) Every nomination made, and every notice of cancellation given, by a

Government employee under this rule, shall be sent by him to the Head of

his office. The Head of the office shall countersign it, indicating the date of

receipt and keep it in safe custody.

(ii) Suitable entry regarding receipt of nomination shall be made in the

service book of the Government employee concerned.

(10) Every nomination made, and every notice of cancellation given, by

a Government employee shall, to the extent that it is valid, take effect on

the date on which it is received by the Head of Office.

Note. - When a Government employee intends any change in the nomination

made during his service, he may be allowed to make a fresh nomination

even after retirement if such a contingency arises.

6.12. Persons to whom gratuity is payable (I)(a) The gratuity payable under Rule 6.10 shall be paid to the person or

persons on whom the right to receive the gratuity is conferred by means of a

nomination under Rule 6.11(5);

(b) If there is no such nomination or if the 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 (1) of Rule 6.11, 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), (viii),

(ix), (x) and (xi) of sub-rule (1) of Rule 6.11, to all such members in equal

shares.

(2) If a Government employee dies after retirement without receiving the

gratuity admissible under sub-rule (1) of Rule 6.10, 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

Government employee who dies while in service or after retirement, to receive

36

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

Government employee and before receiving her or his share of the gratuity.

(4) Where gratuity is granted under Rule 6.10 to a minor member of the family

of the deceased Government employee, it shall be payable to the guardian on

behalf of the minor. ,

6.13. Debarring a person from receiving gratuity:- (1) If a person, who in the event of death of a Government employee

while in service is eligible to receive gratuity in terms of rule 6.11 is charged

with the offence of murdering the Government employee or for abetting in the

commission of such an offence, his claim to receive his share of gratuity

shall remain suspended till the conclusion of the criminal proceedings

instituted against him.

(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

Government employee, he shall be debarred from receiving, his share of

gratuity which shall be payable to other eligible members of the family, if any.

(b) is acquitted of the charge of murdering or abetting in the murder of

the Government employee, his share or gratuity shall be payable to him.

(3) The provisions of sub-rules (1) and (2) shall also apply to the

undisbursed gratuity admissible under rule 6.10, if a Government

employee dies after retirement without receiving the gratuity.

C - Emoluments Reckoning for Pension

6.14. (i) The expression emoluments, means pay in the pay band plus grade pay as defined in Rule 2.37 (a)(i) of Haryana Civil Services Rules, Part

I- General Rules, which a Government employee was receiving immediately

before his retirement or on the date of his death. The NPA shall be treated as

part of pay for pension.

Note 1.- If a Government employee 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:

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Provided that any increase in pay (other than the increment referred to in

Note 2) which is not actually drawn shall not form part of his emoluments.

Note 2.- Where a Government employee immediately before his retirement or

death while in service had proceeded on leave for which leave salary is

payable and during leave earned an increment which was not withheld, such

increment, though not actually drawn, shall form part of his emoluments:

Note 3.- If a Government employee 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.- Pay drawn by a Government employee while on foreign service shall

not be treated as emoluments, but the pay which he would have drawn under

the Government had he not been on foreign service shall alone be treated as

emoluments.

Note 5.- A Government employee on deputation drawing pay other than the

pay admissible in the parent cadre, the pay which he would have drawn on

the cadre post shall alone be treated as emoluments.

Note 6.- If a Government employee at the time of retirement holding or held

earlier, additional charge of any other post(s) and being paid any amount for

that, the same shall not be reckoned for emoluments.

Note 7.- A government employee cannot count corresponding allowances of

any description as emoluments for pension.

D - Family Pension, 1964

6.15. The provisions of family pension shall apply - (a) to a Government employee entered service in a pensionable

establishment on or after 1st July, 1964 but before 31st December,2005; and

(b) to a Government employee who was in service on the 30th June, 1964

and came to be governed by the provisions of the Family Pension Scheme,

1964.

6.16. In these rules -

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(a) continuous service means service rendered in a pensionable

establishment and does not include -

(i) period of suspension treated as non-duty, if any ; and

(ii) period of service, if any, rendered before attaining the age of eighteen

years.

(b) Family for the purpose of family pension, w.e.f. 1st January, 2006,

shall be categorized as:-

Category I

(a) Widow or widower, upto re-marriage, or, as the case may be, death if

the recipient remains unmarried till death;

(b) Son/daughter (including widowed daughter), upto the date of his/her

marriage/re-marriage or till the date he/she starts earning or till the date

he/she attains an age of 25 years, whichever is the earliest.

Category II

(c) Unmarried/widowed/divorced daughter), not covered under Category I

above, till the date of marriage/re-marriage or till the date she starts

earning or till the date of death, whichever is earliest;

(d) Parents who were wholly dependent on the Government employee

when she/she was alive provided the deceased employee had left

behind neither a widow nor a child.

(ii) family pension to unmarried/widowed/divorced daughters in Category II

and dependent parents shall be payable only after the other eligible family

members in Category I have ceased to be eligible to receive family pension

and there is no other eligible disabled child to receive the family pension,

grant of family pension to children in respective categories shall be payable

in order of their date of birth and younger of them will not be eligible for

family pension unless the next above him/her has become ineligible for

grant of family pension in that category.

(iii) The dependency criteria for the purpose of family pension shall be

minimum family pension of Rs. 3,500/- and dearness relief thereon.

(iv) The childless widow of a deceased Government employee shall

continue to be paid family pension even after her remarriage subject to the

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condition that the family pension shall cease once her independent income

from all other sources becomes equal to or higher than the minimum

prescribed family pension in the state Government. In all such cases, the

family pensioners would be required to give a declaration regarding her

income from all other sources to the Pension Disbursing Authority every six

months.

(c ) Pay means the pay as defined in Rule 2.37(a)(i) of Haryana Civil

Services Rules, Part I - General Rules.

6.17. (1) The family pension is admissible where a Government employee dies -

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

(b) before completion of one year of continuous service provided the

deceased Government employee concerned immediately prior to his

appointment to the service or post was examined by the medical authority and

declared fit by that authority for Government service; or

(c) after retirement from service and was on the date of death in receipt of

a compensation, invalid, retiring or superannuation pension.

(2) The amount of family pension shall be fixed at monthly rates and be

expressed in whole rupees and where the family pension contains a fraction

of a rupee, it shall be rounded off to the next higher rupee.

(3) The amount of family pension shall be determined as under:-

The family pension shall be calculated at uniform rate of 30% of last pay in the

pay band plus grade pay drawn by the Government employee at the time of

retirement or death and shall be subject to minimum of Rs.3500/- per month

from 1.1.2006 and a maximum of 30% of highest pay in the Government i.e.

Rs.79000/- since 1.1.2006.

(4) In respect of Government employee who dies while in service after

having rendered not less than seven years continuous service, the amount of

family pension at the enhanced rates will be admissible for a period of 10

years after the completion of financial assistance. The rates of enhanced

family pension shall be equal to the double of the family pension admissible

under sub rule 3 or pension of the deceased employee, which ever is less.

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(5) In the event of death after retirement, the family pension at the

enhanced rates (twice of the family pension admissible under sub rule 3) shall

be payable upto the date on which the deceased government employee would

have attained the age of 65 years, had he survived or upto the date of 7 years

from the date of retirement, which ever is earlier, but in no case the amount of

enhanced family pension shall exceed the gross pension sanctioned to the

Government employee at the time of retirement. (6) In case both husband and wife are Government employees and are

governed by the provisions of these rules and one of them dies while in

service or after retirement, the family pension in respect of the deceased shall

become payable to the surviving husband or wife and in the event of their

death, the surviving child or children shall be granted the two family pension in

respect of the deceased parents, subject to the maximum limits of Rs.39500/-

from 1.1.2006 for enhanced family pension and Rs.23700/- for normal family

pension from 1.1.2006. (7) Widow/Widowers of the Government employees, who are governed by

these rules, shall not be entitled to any family pension under any other rules:

provided that where the Government employee was in receipt of any pension

from Central or State Government or any Autonomous Body and dies, the

family may opt to receive family pension under these rules or otherwise

admissible under any other rules.

(8) Where an award under the Extraordinary Pension Rules, is admissible,

no family pension under these rules shall be authorized.

(9) The family in receipt of compassionate financial assistance under rule

6.21 no family pension under these rules shall be authorized.

(9) The commutation of Pension has no effect on the quantum of family

pension as the rate of family pension is based on the pay, which the

Government employee was drawing immediately before his retirement.

(10) The provisions contained in rule 6.9 for grant of additional pension shall

apply mutatis mutandis to the family pensioners on completion of specific age

provided therein.

6.18. The family pension shall be payable as per provisions of rule 6.16 (2) and shall be further regulated in the following cases as under: -

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(1) Where a Government employee is survived by a widow but has left

behind an eligible child or children from another wife, who is not alive, the

eligible child or children shall be paid the share of family pension which the

mother would have received, if she had been alive at the time of the death of

the Government employee:

Provided that on the share of family pension payable to such a child or to a

widow ceases to be payable, such share shall not lapse, but shall be payable

to the other widow and/or to the other child or children otherwise eligible, in

equal shares, or if there is only one widow or child, in full, to such widow or

child.

(2) Where a Government employee is not survived by a widow and eligible

children but survived by dependent parents, the pension shall be paid in the

first instance to the mother and on her death or becoming ineligible to the

father up to date of death or remarriage, whichever is earlier.

(3) Where a Government employee is not survived by a widow and eligible

children but survived by dependent parents and the parents are living

separately, the pension shall be paid to them in equal share

(4) Except as provided in the sub rule (1) and (6), the family pension shall

not be payable to more than one member of the Government employees

family at the same time. It will first be admissible to the widow/widower and

thereafter to the eligible children in the order of their birth.

(5) In the event of remarriage or death of the widow/widower, the pension

will be granted to the minor children through their natural guardian, if any,

otherwise through their de facto guardian on production of indemnity bond,

etc. In disputed cases, however, payments will be made through a legal

guardian i.e. guardian appointed by a court of law.

(6) where the family pension is payable to twin children it shall be paid to

such children in equal shares: provided that when one such child ceases to be

eligible his/her share shall revert to the other child and when both of them

cease to be eligible the family pension shall be payable to the next eligible

single child/twin children.

(7) If the son or daughter of a Government employee is suffering from any

disorder or disability of mind or is physically crippled or disabled so as to

render him or her unable to earn a living even after attaining the age of twenty

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five years, the family pension shall be payable to such son or daughter for life

subject to