VOLUME II
PART I – PENSIONS
A – PRELIMINARY
CHAPTER I – Extent of application and definitions
SECTION I – Extent of Application
1.1 (a) Except as provided otherwise in any rule or rules, the rules in this part regulate the grant of pensions of the Government employees to whom the rules in Volume I of these rules apply, - (vide Chapter I of that Volume) .
(b) Subject to the provisions of clause (a) above, a Government employee transferred to a service or post to which the rules in this part apply, from a service or post to which they do not apply, becomes subject to these rules, provided that it shall be open to him, within six months of the date of transfer, or, if he is on leave on that date, within six months of his return from leave, to elect to be governed by the pension rules to which he was subject immediately before the date of transfer. The intention of exercising this option must be specifically declared to the Government. The option once exercised shall be final.
Note - The Administrative authority concerned should clearly bring to the notice of the officer concerned the provision of this clause while issuing the order of confirmation of such a Government employee under the Punjab Government .
(c) Omitted .
(d) (i) Unless the contrary appears from the context , the provisions of rules 1.5 to 1.8 of Volume I of these rules apply mutatis mutandis to the rules in this part also .
(ii) In any case in which pension or gratuity is not admissible under any of the specific provision of these rules , a competent authority may grant a pension which shall not , save in the most exceptional circumstances , exceed Rs. 40 a month or a gratuity not exceeding the equivalent value of such pension calculated in accordance with the table prescribed under rule 11.5, provided that the general spirit of the rules is observed .
(iii) When special circumstances appear to justify a departure from the rules laid down regarding “ordinary pensions” it is generally desirable that the allowance granted should be an arbitrarily fixed sum rather any exact proportion of the amount to which it might be supposed that the rules afford a claim.
Note - A departure from the rules is not justifiable, save in cases of very exceptional and distinguished service. Mere length of service, however faithfully performed is not in itself a sufficient ground for exceptional rewards. Recommendations for relaxation of any rule in favour of individuals should, therefore, be extremely rare and should be restricted to cases of most exceptional merit, in which the service has been of a nature not ordinarily falling within the duty that may be expected from a Government employee who has been promoted to the highest position in his department, i.e., only to cases in which a Government employee, besides having shown very distinguished merit, has discharged successfully duties which while falling to him in the course of his official work were so exceptional and exacting that they could not ordinarily and reasonably be regarded as forming part of the normal duties of his post.
Note 2. Until the orders of the competent authority are received , a recommendation for any special indulgence should never be communicated, directly or indirectly , to the Government employee concerned.
Note3. – See also notes 1 and 2 below rule 8.1.
1.2. Omitted.
1.2-A Except as provided in rule 1.2 – B, the provisions of rules 6.13- A and 6.15- A, replace rules 6.12 to 6.13 and 6.15 , respectively in the case of a Government employee:-
(1) Who entered Government service on or after the 5th June, 1947; or
(2) Who, having entered such service before 5th June, 1947, did not hold a lien or a suspended lien on a permanent pensionable post before that date; or
(3) Who is transferred on or after the 5th June, 1947, permanently from service under the Government of India or a state Government or a Local Fund administered by Government to service under the Punjab Government and did not hold a lien or a suspended lien on a permanent pensionable post under the Government of India or State Government or the local Fund before that date.
NEW PENSION RULES
1.2-B (1) The provisions of rules 6.16 to 6.16 – c replace rules 6.11 to 6.15-A in the case of a Government employee other than a class IV Government employee:-
(1) who entered Government service on or after the 10th June , 1951; or
(2) who, having entered such service before the 10th June, 1951, either did not hold a lien or a suspended lien on a permanent pensionable post, before that date, under the Punjab Government or Government of India or a state Government or a Local Fund administered by Government, or who held such lien, but opted to come on to ‘New pension Scheme’
(3) Under the New pension Scheme, a Government employee other than a Class IV Government employee, who held a lien or a suspended lien on a permanent pensionable post under the Punjab government on that date, was allowed the following options:-
(a) Coming on to the “New Pension Scheme”; or
(b) Continuing under the existing rules applicable to him before the 10 th June, 1951;
(c) Drawing pension, including additional pension under the existing rules, applicable to him before the 10 th June, 1951, reduced by the “Pension equivalent” of the gratuity admissible under the New pension Rules, and receiving, in lieu of this reduction the death-cum-retirement gratuity and family pension benefits. The pension equivalent will be determined on the basis of the commutation table applicable to him.
Note 1. In the case of those who did not elect any of the alternatives in clauses ( b ) and ( c ) above , within the prescribed time limit , the New pension Rules become applicable to them automatically.
Note 2. – Persons who were entitled to the right of option under clauses 2 of this rule shall be allowed to exercise the option afresh at the time of retirement while submitting applications for the grant of pension, etc., irrespective of the fact whether they had exercised any option previously or not. The families of such employees who may die while in service may be allowed the benefit of the pension Rules favorable to them.
Note 3.- Omitted.
1.3. The terms defined in chapter II of Volume I of these 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” (defined in rule 2.44 of Volume I of these rules) does not include “special pay” when used in this part.
ANNEXURE
Omitted
CHAPTER – II
General Provisions Relating to Grant of Pensions
SECTION --- General.
2.1 Every pension shall be held to have been granted subject to the conditions contained in chapter VII of these rules.
2.2 (a) Future good conduct is an implied condition of every grant of a pension. The Government reserve to themselves the right of withholding or withdrawing a pension or any part of it the pensioner be convicted of serious crime or be guilty of grave misconduct.
In a case where a pensioner is convicted of a serious crime, action shall be taken in the light of the judgment of the court relating to such conviction.
In a case not covered by the preceding paragraph, if the Government considers that the pensioner is prima facie guilty of grave misconduct, it shall before passing an order---
(i) Serve upon the pensioner a notice specifying the action proposed to be taken against him and the grounds on which it is proposed to be taken and calling upon him to submit, within sixteen days of the receipt of the notice or such further time not exceeding fifteen days ,as may allowed by the pension sanctioning authority , such representation as he may wish to make against the proposal ; and
(ii) Take into consideration the representation, if any, submitted by the pensioner under sub-clause (i) .
Where a part of pension is withheld or withdrawn the amount of such part of pension shall not ordinarily exceed one- third of the pension originally sanctioned nor shall the amount of pension left to the pensioner be ordinarily reduced to less than forty rupees per month, having regard to the consideration whether the amount of the pension left to the pensioner , in any case, would be adequate for his maintenance.
In a case where an order under clause (i) above is to be passed by the Government, the Public Service Commission shall be consulted before the drawing of the whole or any part of pension under this rule shall be final and conclusive.
Explanation.- In this rule, the expression “serious crime” includes 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 is mentioned in section 5 of the official secrets Acts, 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 the security of the state.
Note- A claim against the Government employee may become known and the question of making recovery may arise:-
(a) When the calculation of pension is being made and before the pension is actually sanctioned; or
(b) After the pension has been sanctioned.
The claim and the recovery may be one or other of the following categories:-
(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 , postal , Life Insurance premia, outstanding motor car, house building, traveling allowance or other advances.
(3) Recovery of non- Government dues.
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) Omitted
( ii ) 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 such as house- rent , outstanding advances, etc., may not be recovered from pension. In such cases, however, the executive authorities concerned would have to consider whether they should not try to effect the recovery otherwise than from pension, for example, by going to a court of law, if necessary.
2. In cases falling under ( b ) above, none of the recoveries described in clauses ( I ) 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 this Volume, 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 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 concluding remarks made under.] ( ii ) above, will also be applicable.
Heads of offices should see that the last pay or leave salary prior to retirement shall not be paid until it is clear that a retiring Government employee has no outstanding dues Government. Sometimes, it may not be practicable to ascertain in time all the outstanding dues, while sometimes dues may exceed the amount of last pay or leave salary. In such case, it is the duty of the heads of offices ( in consultation with Treasury officers and Accountant General, Punjab. In the case of Gazetted officers), to bring promptly to the notice of the Accountant- General, Punjab, all the outstanding amounts by a separate communication, stating in detail the nature of recovery and why it has not been possible to effect it from last pay or leave salary. The outstanding amounts should also be clearly and completely noted in the last pay certificates in sufficient detail with reference to the previous correspondence with the Accountant-General, Punjab , 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 1.- Although compassionate allowance is of the nature of an ex-gratia payment it is really a form of pension and, therefore, recoveries from it, once it is sanctioned , should be governed by the above orders .
Direct recovery of Government dues form Compassionate Allowance is not permissible, under these orders, but recovery may be made indirectly (before the allowance is sanctioned) by reducing the allowance either permanently or as a temporary measure .
Note 2.- Strictly speaking under the orders no recovery of amount is permissible from pension but final recovery has been made it need not be refunded to the pensioner concerned .
(b) The Government further reserve to themselves the right of withholding or withdra-wing 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, in a departmental or judicial proceeding, the pensioner is found guilty of grave mis- conduct or negligence during the period of his service, including service rendered upon re-employment after retirement :
provided that –
(1) Such departmental proceedings, if instituted while the officer was in service , whether before his retirement or during his re-employment , shall after the final retirement of the officer, be deemed to be a proceeding under this article and shall be continued and concluded by the authority by which it was commenced the same manner as if the officer had continued in service ;
(2) Such departmental proceedings, if not instituted while the officer was in service whether before his retirement or during his re-employment-
(i) shall not be instituted save with the sanction of the Government ;
(ii) shall not be in respect of any event which took place more than four years before such institution ; and
(iii) shall be conducted by such authority and in such place as the Government may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the officer during his service.
1. These rules may be called, the Punjab Civil Services (3rd Amendment ) Rules , Volume II , 1986.
2. In the Punjab Civil Services Rules, Volume II , to clause ( c ) ( 1 ) rule 2.2, the following proviso shall be added , namely:-
“Provided that where Departmental Proceedings have been instituted under rule 10 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 for imposing any of the penalties specified in clauses (i) and ( ii ) & ( iv ) of rule 5 of the said rules , the payment of gratuity or death – cum –retirement gratuity, as the case may be, shall not be withheld.”
3. No such judicial proceedings , if not instituted while the officer was in service, whether before his retirement or during his re-employment shall be instituted in respect of a cause of action which arose or an event which took place more than four years before such institution ; and
The public Service Commission should be consulted before final orders are passed.
Explanation.- For the purpose of this rule—
( a ) a departmental proceeding shall be deemed to be instituted on the date on which the statement of charges is issued to the officer or pensioner, or if the officer has been placed under suspension from an earlier date, on such date ; and
( b ) a judicial proceeding shall be deemed to be instituted-
(i) in the case of a criminal proceeding, on the date on which the complaint or report of the police officer on which the Magistrate takes congnizance, is made ; and
(ii) in the case of a civil proceeding, on the date of presentation of the plaint in the court .
Note :- 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. The amount of the pension withheld under clauses ( b ) should not ordinarily exceed one – third of pension originally sanctioned , including any amount of pension to be so withheld, regard should be had to the consideration whether the amount of the pension left to the pensioner in any case would be adequate for his maintenance.
( c ) ( 1 ) Where any departmental or judicial proceeding is instituted under clause ( b ) of rule 2.2 or where a departmental proceeding is continued under clause (i) of the proviso thereto against an officer who has retired on attaining the age of compulsory retirement or otherwise, he shall be paid during the period commencing from the date of his retirement to the date on which , upon conclusion of such proceedings , final orders are passed , a provisional pension not exceeding the maximum pension which would have been admissible on the basis of his qualifying service up to the date of retirement or if he was under suspension on the date of retirement up to date immediately proceeding to the date on which he was placed under suspension; but no gratuity or Death–Cum–Retirement Gratuity shall be paid to him until the conclusion of such proceedings and of final orders thereon.
The gratuity, if allowed to be drawn by the competent authority on the conclusion of the proceedings will be deemed to have fallen due on the date of issue of final orders by the competent authority.
( 2 ) Payment of provisional pension made under sub – clause ( I ) shall be adjusted against the final retirement benefits sanctioned to such officer upon conclusion of the aforesaid proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld either permanently or for a specified period.
Note.- The grant of pension under this rule shall not prejudice the operation of rule 6.4 ibid when final pension is sanctioned upon conclusion of the proceedings.
2.2-A In the case of a Government employee who retires from service, while on deputation to Central Government or any other state Government or any other state Government or while on foreign service.
Cases in which claims are Inadmissible
1.3 A competent authority may rule that the service of any class of Government employees does not qualify for pension.
Note 1. - Service in Dak Banglows and District Garden establishments does not qualify.
Note 2. - Posts of Patwaris have been declared pensionable with effect from 1 st August 1949.
1.4 In the following cases no claim to pension is admitted: -
(a) When a Government employee is appointed for a limited time only , or for a specified duty on the completion of which he is to be discharged .
(b) When a person is employed temporarily on monthly wages without specified limit of time or duty ; but a month’s notice of discharge should be given to such a person, and his wages must be paid for any period by which such notice falls short of a month.
(c) When a person’s whole – time is not retained for the public service , but he is merely paid for work done, such as Government pleaders and Law officers not debarred from private practice.
(d) When a public employee holds some other pensionable office, he earns no pension in respect of an office of the kind mentioned in clause ( c ) or in respect of duties paid for by a compensatory allowance .
(e) When a Government employee serves under an agreement which contains no stipulation regarding pension, unless the competent authority specially authorizes him to count such service towards pension .
Note – The agreements should be so worded as to preserve inviolate the indefeasible right of Government to modify the rules from time to time, at their discretion, so that no claim may arise to the benefits of the rules as they stood at the date when the agreement was executed.
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