Tuesday, February 21, 2012

PENSION RULES



TERMS USED IN THE PENSION RULES EXPLANATION:

9.1 The various terms used in the pension rules are explained below:
(i) Age. When a Government Servant is required to retirement, or cease to be on leave, on attaining a specified age, the day on which he attains that age is reckoned as a non-working day, and the Government servant must retire, revert, or cease to be on leave (as
the case may be) with effect from and including that day (Art. 14 CSRs).
(ii) Family. The 'family' for the purpose of entitlement of gratuity/ pension benefits under the Pensioncum Gratuity Scheme includes the following relatives of the Government Servant:
(a) wife or wives, in the case of a male Government servant (unless there is a judicial separation wife continues to be a member of the Government servant's family irrespective of the fact whether she has been living with him or not);
(b) husband, in the case of female Government servant (a female Government servant can exclude her husband from being a member of her family);
(c) children of the Government servant;
(d) widow or widows and children of a deceased son of the Government servant Pension-cum-Gratuity Scheme 1954)
(iii) Foreign Service. Means, service in which a Government servant receives his substantive pay with the sanction of Government from any source other than the revenue of the Government of Pakistan or of a Province or the Railway Fund (Art. 27 C.S.Rs).
(iv) General Revenue. For the purposes of pension include Provincial Revenues. (Art. 28 C.S.Rs)
(v) Local Fund. The expression 'Local Fund' denotes:
(a) revenue administered by bodies which by law come under the control of the Government whether in regard to the proceedings generally or to specific matters such as the sanctioning of their budgets, sanction to the creation or filling up of particular appointments, the enactment of leave, pension or similar rules;
(b) the revenues of any body which may be specially notified by the Government as such. (Art. 33 C.S.Rs)
(vi) No Demand Certificate. Means a certificate by the Department concerned that all the dues against the retiring Government servant up to the date of retirement have been realized and nothing is now outstanding against him. Such a certificate is also required to be obtained from the Estate Office concerned.
(vii) Pension. a periodical payment made by Government in consideration of past services rendered by a Government servant.Except when the term "Pension" is used in contradistinction to Gratuity "Pension" includes Gratuity. (Art. 41 C.S.Rs)
(viii) Rule of Proportions. Pension is chargeable according to the "Rule of Proportions" when the charge is debitable to several accounts in the proportions in which, the aggregate pay drawn by the Government servant during the whole of his qualifying service has been paid from them. (Art. 45 C.S.Rs)

CLASSIFICATION OF PENSION:

9.2 Compensation Pension.(a) If a Government servant is selected for discharge owing to the abolition of a permanent post, he shall, unless he is appointed to another post, the conditions of which are deemed by authority competent to discharge him to be at least equal to those of his own, have the option:
(i) of taking any compensation pension or gratuity to which he may be entitled for the service he has already rendered, or
(ii) of accepting another appointment or transfer to another establishment even on a lower pay, if offered, and continuing to count his previous service for pension.
Note. Government servant cannot refuse offer of alternate employment.
(b) A Government servant not employed in a substantive permanent capacity is granted Compensation Gratuity/Pension if he is discharged aftercompleting qualifying service of 10/25 years or more owing to the abolition of his post or is replaced by a "qualified" candidate.
[Finance Division O.M No OB-2/12/63-Imp (I) dated 18-8-1966].
9.3 Invalid Pension. (a) An invalid pension is awarded, on his retirement from the public service, to a Government servant who by bodily or mental infirmity is permanently incapacitated for the public service, or for the particular branch of it to which he belongs. The infirmity has, however, to be certified by a duly constituted Medical Board.
(b) If a temporary Government servant is retired for inefficiency due to mental or physical infirmity he shall be allowed pensionary benefits as if he was required to retire in terms of Rule 10-A, of the Fundamental Rules.
(c) In case an officer dies before his retirement, his pension is calculated, as if he was retired on Invalid Pension on the date following the date of his death. (Pension-cum Gratuity Scheme, 1954)
9.4 Superannuation Pension. A superannuation pension is granted to a Government servant who is entitled or compelled, by rule, to retire at a particular age. (Art. 458 C.S.Rs)
In terms of Civil Servants (Amendment) Act, 1976 a civil servant is required to retire on completion of 60 years of age.
9.5 Retiring Pension.(i) A retiring pension is granted to a Government servant who is permitted to retire after completing qualifying service of 25 years.Such a pension is also granted to Government servant who is required by Government to retire after completing twenty five years qualifying service or more.
(ii) Subject to provisions of Essential Services (Maintenance) Act, 1952, a Government servant other than a Government servant against whom a departmental proceeding is pending has the right to retire from service after completion of 25 years qualifying service. Such a Government servant shall, at least three months before the date on which he intends to retire, be required to submit a written intimation to the authority competent to fill the appointment by him at the time of submitting that intimation indicating the date on which he intends to retire. Such intimation, once submitted shall be final and shall not be allowed to be modified or withdrawn. However, before formal acceptance of the request he may, if so, desired, withdraw his application for premature retirement.
(iii) Government has the right to retire any Government servant after he has completed 25 years qualifying service.
[Finance Division O. M. No. OB-2/l2/63-Imp (l) dated 18-8-I966].
(iv) The term retirement used in Section 19(1) of the Civil Servants Act, 1973 includes "Compulsory Retirement" under the Government servants (Efficiency & Discipline) Rules, 1973.
(v) In case of voluntary retirement of Government servants the Heads of Departments are responsible for ensuring verification of qualifying service by the Audit within one month from the date of receipt of application for voluntary retirement after 25 years qualifying service. If the qualifying service comes out to be less than 25 years, the Government servant will have to continue in service till he completes that length of service. The fact of the shortfall in the qualifying service should be pointed out by the Head of the Department to the Government servant concerned before the expiry of the three months notice period.
[Finance Division O.M No F 8(5)-Reg.(6)/73 dated 4-1-1975 read with Auditor General letter No. 32-A/69-66, dated 6-2-1975.]

(vi) The requests for voluntary retirement on completion of 25 years qualifying service should be submitted to the competent authorities mentioned below:--
Category of Officers
Authority competent to accept request for retirement
B-21 and above.
Prime Minister.The summary after the approval by the Minister concerned is to be submitted through the Establishment Division.
B-17to20.

Secretary of the Ministry/Division, which administratively controls the cadre or department to which the post belongs.
B-16.
 Head of Department.
B-l to 15.
Head of Department or Head of Office.
9.6 Conditions of qualifying service (i) Unless it be otherwise provided by special rule or contract, the service of an officer begins to qualify for pension from the date he takes charge of the office to which he is first appointed.
[Article 358 of the C.S.Rs as introduced vides Finance Division Note No DF. 1(15)-Reg. (6)/72 dated 31-1-1973].
(ii) The service must be under Government. A Government servant does not qualify his service for pension unless he is appointed and his duties and pay are regulated by the Government. (Arts. 361,362 C.S.Rs)
(iii) The employment must be substantive and permanent. (Arts 361,368 C.S.Rs)
(iv) A Government servant not employed in a substantive permanent capacity who has rendered more than 5 years continuous temporary service counts such service for the purpose of pension or gratuity excluding broken periods of service, if any, rendered previously. Temporary and officiating service of less than five years immediately followed by confirmation is also count for pension or gratuity as the case may be. (Art. 371-A C.S.Rs)
(v) Only the service paid from the General Revenues qualifies for pension. Foreign Service also counts for pension provided the pension contribution was paid as required under the rules. The effective service rendered by a Government servant in an autonomous or semi-autonomous body, in a post appointment to which is, by law, required to be made, and the salary of which is required to be fixed by the Federal Government or a Provincial Government is treated as effective service rendered in a post in Government service.
[Articles 385,386 CSRs. Finance Division O.M No OB-2/12/63-Imp-(l). dated 15-11-1969].
(vi) The continuous service rendered by contingency paid staff prior to their being brought on the regular establishment, from 1st October, 1957, will count in full and continuous service before that date to count in half for purpose of pension.
[Finance Division O. M. No. F-3(12) Reg. 6/72, dated 2-4-1975].
(vii) Civil employees who, prior to their civil employment, have rendered whole time satisfactory paid, enlisted or commissioned service including service rendered as a cadet in a Military Training School between the 3rd September, 1939 and the 31st March, 1946 in His Majesty's forces which did not earn a service pension and who have been appointed in a civil pensionable post on or before the 18th July, 1949 are allowed to count the completed years of such service up to a maximum of five years, for the purpose of civil pension.
[Article 357-AA C.S.Rs Finance Division Notification No F. 24(8)-Rs (3)/70 dated 10-12-1970].
(viii) All periods of leave, other than extraordinary leave, count as service qualifying for pension. (Art. 407 C.S.Rs)
(ix) The period of suspension followed by reinstatement or superannuation count towards qualifying service for pension.
[Finance Division O.M No F 5(1) Reg (b)/77 dated 24-2-1977 and CSR 417-A notified under
Finance Division O.M. No. F. 12(8) Reg. (6)/79 dated 10-11-1980].
(x) In case where a Government servant is compulsory retired following a period of suspension ordered under Government Servants (Efficiency and Discipline) Rules, 1973 pension or gratuity is admissible only for the period of service rendered excluding the period of suspension.
(xi) Resignation of the public service, dismissal or removal on account of misconduct, insolvency or inefficiency or failure to pass an examination entails forfeiture of past service. Subject to any order of the President made on compassionate grounds a Government servant who is removed or dismissed shall not be entitled to any compensation pension, gratuity or benefit accruing from Government contribution to a contributory provident fund. Resignation of an appointment to take up another appointment in which the service counts for pension is not a resignation of the public service for the purpose of pension. (Art. 418 C.S.Rs)
(xii) Any interruption in the service of an officer entails forfeiture of his past service. The authorised leave of absence, suspension immediately followed by reinstatement and time occupied in transit from one appointment to another are not treated as interruption for the purpose of qualifying service. (Art. 420 C.S.Rs)
(xiii) The authority that sanctions the pension may commute retrospectively periods of absence without leave into extraordinary leave. [Art. 421 C. S. Rs and F. Rs 85(b)]
9.7 Condonation of interruption and deficiencies. (i) Upon such conditions as it may think fit in each case to impose, the authority competent to fill the appointment held by a Government servant at the time condonation is applied for, where he to vacate that appointment, may condone all interruptions in his service, provided such interruption is not due to any fault or wilful act of the Government servant, like unauthorised absence, resignation or removal from service. This power, however, cannot be exercised to condone breaks in temporary and officiating service specifically excluded from the category of qualifying service under Article 371-A C. S. Rs. Interruptions due to removal on account of reduction and retrenchment of a post should be deemed to have been condoned. [Art 422 C. S. Rs read with Finance Division O.M No. F. 5(1) Reg (6)/77 dated 24-2-1977].
(ii) A deficiency of a period not exceeding six months in the qualifying service of a Government servant shall be deemed to have been condoned automatically. The authority competent to sanction pension may condone a deficiency of more than six months but less than a year, subject to the following conditions:
(a) the Government servant has died while in service or has retired under circumstances beyond his control, such as on invalidation or abolition of his post, and would have completed another year of qualifying service; if he had not died or retired.
(b) the service rendered by him had been meritorious,
(iii) A deficiency of full one year or more cannot be condoned.
(iv) These provisions will not apply to Government Servants who have rendered less than five years continuous service.
[Finance Division O.M. No.OB-2/12/63-lmp (I) dated 18-8-1966 and F1 (7) Reg. (12)/80 dated 2-4-1984].

EMOLUMENTS RECKONED FOR PENSION:

9.8 The term "Emoluments" means the emoluments which a Government servant was receiving immediately before his retirement and includes:-
(i) Pay as defined in FR 9(21) (a) (i)
(ii) Personal pay.
(iii) Technical pay.
                 [1](iv) Special pay of all types and nature.
                [2](v) Dearness Allowance.

               [3](vi) Increments accrued during L.P.R.
(vii) Indexed pay (Notification No. F. 12(2)/Reg. 16/84 dated 13-10-1985).
(viii) Senior Post Allowance [will apply to officers who retire on or after 1-5-1977 vide Finance Division O.M. No F. 6(2) Reg. (6)/77, dated 10-5-1977].
(ix) Any other addition to pay which may specifically be declared by President as emoluments reckoning for pension.
[Finance Division O. M. No. F. 4(4)-Reg. (6)/74, dated 8-12-1972].
(x) The emoluments or pay drawn by a Government servant who is transferred on foreign service in an autonomous or semiautonomous body, in a post appointment to which is by law, required to be made and the salary which is required to be fixed, by the Federal Government or a Provincial Government are treated as emoluments or pay drawn in a post in Government service. [Art.486 C.S.Rs, Finance Division Notification No F. 4(4) Rs/68
dated 30-1-1971].
(xi) For the purposes of calculation of emoluments in respect of civil servants posted abroad during the period of last three years or a portion thereof the Dearness Allowance and Senior Post Allowance, which they would have drawn in Pakistan, but for their posting abroad should be taken into account and included in the term emoluments on notional basis.
[Finance Division O.M No F 6(1) Reg. 1/75. dated 11-3-1977 and F.6 (2)-Reg. (6)/77, dated 30-7-1977].
9.9 Average Emoluments.(i) The term 'average emoluments' means the average calculated upon the last 12 months of service. However, if the pay of a Government servant has been reduced otherwise than as penalty under the Government Servants (Efficiency and Discipline) Rules average for the purpose of pension may, at the option of the pensioner, be calculated on the basis of the emoluments drawn or which would have been drawn, during the last 3 years of service [Art. 487 C.S.R. read with Finance Division O.M. No. 6(9)-Reg. (6)/78 dated 15-2-1979 and 16-6-1979]
(ii) If during the last twelve months or three years of his service a Government servant has been absent from duty on leave with allowance, or having been suspended, has been reinstated without forfeiture of service, his emoluments, for the purpose of ascertaining the average, should be taken into account at what they would have been had he not been absent from duty or suspended. If during the last twelve months or three years of his service, a Government servant has been absent from duty on leave without allowance (not counting for pension) or there was suspension without reinstatement the period so passed should be disregarded in the calculation of the average and equal period before the twelve months or three years included. (Art. 487 CSRs)
(iii) If during the last twelve months or three years of his service an officer's pay has been refixed as a result of revision or upgradation of the scale of the post held by him with retrospective effect, but arrears have not been allowed nor recoveries made in respect of the past period, his emoluments for the purpose of calculating the average, should be taken, as what they would have been if the arrears would not have been disallowed or the recoveries would have been made. [Art. 487-I-A of C. S. Rs vide Finance Division O.M. No F 4(4) Reg
(6)/74, dated 8-12-1972]

AMOUNT OF PENSION:

9.10 (a) The amount of pension that may be granted to a Government servant is determined by the length of service.Fractions of a year are not taken into account in the calculation of any pension admissible to a Government servant. The full pension admissible under the rules is not given as a matter of course. The service rendered should be really approved. If the service has not been thoroughly satisfactory, the authority sanctioning the pension should make such reduction in the amount as it thinks proper. [Art. 470 C.S.Rs]
“Note-1 The amount of any pension shall not be reduced under this Article without affording to the person entitled to it, by means of a notice in writing an opportunity to show cause against the proposed reduction."
[{No F 10 (7) Reg (6)/71} Finance Division Notification No S.R.O. 482 (K)/72 dated 30-3-1972]
“Note-2 A Government servant compulsory retired under the Government Servants (Efficiency and Discipline) Rules, 1973, shall be entitled to pension or gratuity as admissible under normal rules and the certificate of 'thoroughly satisfactory service' is not required in his case."
[Finance Division Notification No F. l(21)-Reg. (6)/80 dated 1-1-I981]
(b)If a Government servant employed in a substantive and permanent capacity in pensionable service retires or is selected for discharge owing to the abolition of his permanent post after completing qualifying service of 5 years but less than 10 years, he may be granted a gratuity not exceeding one month emoluments for each completed year of qualifying service. If such a Government servant has completed qualifying service of 10 years or more at the time of his retirement or discharge, as the case may be, he may be granted the ordinary pension.
(c)Temporary Government servants who retire from service in the usual course, i.e., on attaining the age of superannuation or on being declared incapacitated for further service or who elect to retire after completion of 25 years qualifying service, are treated at par with permanent Government servants and as such are entitled to gratuity or pension as the case may be in accordance with (b) above. If, however, a temporary Government servant is discharged from service owing to the abolition of his post or replacement by a 'qualified' candidate he is entitled to an ordinary pension on completion of qualifying service of 25 years or more and to a gratuity not exceeding one month's emoluments for each completed year of qualifying service subject to a maximum of Rs. 50, 000 on completion of 10 years but less than 25 years qualifying service. No gratuity or pension is admissible to such temporary Government servants, who at the time of discharge have rendered service of less than 10 years.
[Finance Division O.M No OB-2/12/63-lmp (I), dated 18-8-1966, and Finance Division No F. 8(14)-R6/68 dated 25-11-1968 & F. 3(1) (Reg.-6) dated 20-11-1984].
(d) The amount of pension of a Government servant who has the right to retire on a retiring pension should not be less than the amount to which he would have been entitled if he had exercised this right, notwithstanding the fact that the emoluments may be reduced by reason of his appointment to another post carrying lower pay, otherwise than as a penalty.
[Finance Division No OB-2/12/63-lmp (I), Pt. dated 28-7-1970].

RATES AND SCALE OF PENSION:

9.11 (i) Pension is calculated at the rate of 70% of average emolument's on completion of 30 years qualifying service. Where qualifying service is less than 30 years but not less than 10 years proportionate reduction in percentage is made. In case of employees joining service on 1-7-1986 or later the pension will be calculated on the basis of 'Emoluments'. The existing employees retiring on or after 1-7-1986 have option to get their pension calculated on the basis of 'Emoluments' provided the post held by them was on a regular basis. If any such employee was in receipt of special pay for holding current charge of higher post or full additional charge of an equivalent post, the special pay will be divided by twelve months in terms of CSRs 486. This average will be added to the emoluments. The pension table regulating all the four pensions namely Compensation Pension, Superannuation Pension, Invalid Pension and Retiring Pension is as under:-
Completed year of qualifying service 
Scale of pension expressed as fraction of average emolument/emoluments
10
70/300
11
77/300
12
84/300
13
91/300
14
98/300
15
105/300
16
112/300
17
119/300
18
126/300
19
133/300
20
140/300
21
147/300
22
154/300
23
161/300
24
168/300
25
175/300
26
182/300
27
189/300
28
196/300
29
203/300
30 and above
210/300
Note.  1. In calculating pension or restoring commentated portion there of fraction of a rupee, which is less than fifty paisas is ignored and that of fifty paisa and more will count as one Rupee.
[Finance Division O.M No F. 11(1) Reg-6/85 dated 1-7-1986 and No. F. 10(4) Reg. (6)/86 dated 17-7-1986].
2. The Civil servant retiring on or after 1-7-1986 would be allowed benefit in pension to the extent of 2% of his gross pension for each extra year of service rendered by him beyond 30 years of qualifying service subject to a maximum of 10% of his gross pension.
[Finance Division O. M. No. F. 11(2) Reg. (6)/86 dated 1-7-1986],
(ii) If for a pensioner with qualifying service of 30 years or more the amount of a pension calculated under sub-para (i) falls short of the amount of pension (inclusive of dearness increases) that would have been admissible under the existing rules, or exceeds it by less than Rs. 45, the amount under the revised formula be so increased as to make such difference one of Rs. 45. Where qualifying service is less than 30 years but not less than 10 years proportionate reduction at the rate of Rs. 1.50 for each year short of 30 years should be made while working out the amount of minimum increase mentioned above. The various adhoc icreases sanctioned from time to time were as under:-

Maximum
Date of effect
(i) Ad hoc icreases 15% upto Rs. 530.
Rs. 30
1-6-1973
(ii) Dearness Increase 15% upto Rs. 735.
                  Rs. 30
1-8-1973
(iii) Special Dearness 15%
                  Rs. 100
8-6-1974
(iv) Additional Increase 10%
                  Rs. 25
7-4-1975
(iii) The pension of persons retiring on or after 1-2-1977 is to be calculated in terms of sub-para (i) or (ii) independently in order to determine which of the two is beneficial to the pensionser.
(iv) The term ‘emoluments’ i.e. pensionable pay will also include dearness allowances sanctioned from time to time for purpose of calculation under sub-para (i).
(v) On the pensions sanctioned under these orders such dearness increases in pensions would not be admissible as were sanctioned before 1st February, 1977.
(vi) Commutation is not subject to medical certificate if it is asked for within one year of the date of retirement. This is not applicable to cases of invalid pension.
(vii) No gross pension of a retired Government employee would be less than Rs.300 P.M. w.e.f. 1st July, 1988 the term “gross pension” would mean gross pension before commutation and/or surrender of 1/4th thereof plus any dearness/ad hoc increase and indexations sanctioned from time to time.Similarly the Family Pension would not be less than Rs. 150 P.M..The Family Pension would mean pension plus dearness/ad hoc increases and indexations allowed from time to time.
[Finance Division O.M No F 9(12)-Reg (6)/88(A) of 1st July, 1988] 

FAMILY PENSION:

9.12 (i) In the case of death of a civil servant while in service gratuity in lieu of one fourth of the gross pension will be allowed. The rate of gratuity as from 1-7-1986 would be determined on the basis of age next birthday of the deceased civil servant in accordance with the new Commutation Table. In addition, family pension will be admissible at 50% of the gross pension to the widow for her life or till her remarriage. In the case of death of widow the family pension will be admissible to the sons, if any, until they attain the age of 21 years and the unmarried daughters if any, until they are married or attain the age of 21 years, whichever is earlier.The entitlement of family pension to the eligible members of family other than widow will be for a period of ten years or un expired period of ten years.
[Finance Division O.M No F 12(13) Reg (6)/82 (A) dated 18-8-1983 and O.M No F. 10(3) Reg (6) (ii) dated 1-7- 1986]
(ii) In the case of death of a pensioner after retirement family pension at 50% of the pension (net, or gross, as the case may be), will be admissible to the widow or sons or daughters as in (i) above.

PENSION-CUM-GRATUITY SCHEME 1954:

9.13 In accordance with the provisions of Pension-cum-Gratuity Scheme, the payment of pension/gratuity or both is regulated as under: -
(i) A Government servant who has rendered five years qualifying service or more but less than ten years qualifying service may be granted a gratuity not exceeding one month’s emoluments for each completed year of qualifying service. In case of invalidation and death the rate will be 1-1/2 month’s pay for each completed year of service. This amount will be paid to him at the time of his retirement or to his family in the event of his death while in service. In this case no pension is admissible.
(ii) In case a Government servant dies before his retirement, his pension is calculated, as if he retired on invalid pension on the date following the day of his death, and his family will be paid the gratuity calculated on the basis of the formula at Para 9.12 above. In addition the family will also be entitled to a monthly Family Pension at 50% of the full amount of pension. The widow will be entitled to the family pension for the life or till her remarriage. In the case of death of widow, the family pension will be admissible to the sons, if any, until they attain the age of 21 years and the unmarried daughters if any, until they are married or attain the age of 21 years, whichever is earlier for a period of ten years or un expired period of ten years.
[Finance Division O.M No F. 12(13) Reg (6)/82(A), dated 18-8-1983]
(iii) Where a pensioner dies after his retirement family pension at the rate of 50% of the pension (net or gross), as the case may be will be paid to the widow or sons or daughters as in (ii) above.
(iv) The commutation will be allowed upto 1/2 of the full pension
(v) The family for the purpose of payment of death-cum-retirement gratuity/pension includes the following relations of the Government servant: -
(a) Wife or wives in the case of male Government servant. (Unless there is a judicial separation wife continues to be a member of the Government servant's family irrespective of the fact whether she is living with him or not).
(b) Husband in the case of a female Government servant (A female Government servant can exclude her husband from being a member of her family). He will be entitled to the Family Pension only for ten years.
(c) Legitimate children of the Government servant.
(d) Widow or widows and children or deceased son of Government servant.
         9.14 On completion of five years qualifying service by him every Government servant should make a nomination in Form "A' or 'B' conferring on one or more persons the right to receive the gratuity in the event of his death. If the nomination is in respect of more than one person then their relative shares should also be specified. The nomination can be cancelled or changed at any time. The nomination should be sent to the audit officer in respect of the employees of BPS 16 and above and to the Head of Office in respect of officials’ upto
BPS 16.
         9.15 When the amount of gratuity becomes payable to the family of the Government servant, the payment is made according to the following procedure: -
(a) The amount of gratuity is paid to the nominee or the nominees in accordance with the specified share.
(b) Where a valid nomination was not in existence or the full amount was not covered by the nomination, the amount of gratuity will be paid in equal shares to the members of the family with the exception of sons, unmarried daughters, grandsons and grand daughters who have attained the age of 21 years and married daughters and grand-daughters whose husbands are alive. The share of the widow/ widows and children of a deceased son will, however, be limited to that as would have been admissible to the son, had he not died.
9.16 In cases where a Government servant does not leave any family as mentioned above, the gratuity will be paid in equal shares to his brothers and unmarried sisters below the age of 21 years, widowed sisters, father and mother.No Gratuity is, however, payable at all if government servant does not leave any family or eligible dependent relatives as specified above.
9.17 (i) The family pension, in the event of death of Government servant, will be payable to the members of his family or to his dependent relatives in the following order, i. e. the title will pass from one to the next in the event of former having died or became otherwise ineligible: -
(a) Widow of the deceased, if he was a male Government servant or to the husband of deceased, if she was female. If the Government servant had more than one wife, but the total number of surviving widows and children does not exceed four, the pension is divided in equal shares among the widows and children (excluding sons and,daughters above the age of 21 years and the married daughters); where the number of surviving widows and children is more than four; the pension will be divided in such a way that each surviving widow should get 1/4th of pension and the balance if any, will be divided equally amongst the surviving children (excluding the sons above the age of 21 years and married daughters).
(b) Eldest surviving son upto the age of 21 years.
(c) Eldest surviving unmarried daughter till her marriage; if the eldest daughter marries or dies the next eldest daughter till her marriage].
(d) Eldest widowed daughter.
(e) Eldest widow of a deceased son of the Government servant.
(f) Eldest surviving son upto the age of 21 years of a deceased son of the Government servant.
(g) Eldest surviving unmarried daughter upto the age of 21 years of a deceased son of the Government servant.
(h) Eldest widowed daughter of a deceased son of the Government servant.
(ii) If the pension was not payable to any member of family as detailed above, it is payable in the following order:-
Father, mother, eldest surviving brother upto the age of 21 years, eldest surviving unmarried sister upto the age of 21 years and eldest surviving widowed sister
(iii) The pension to the above persons will be payable if it is proved that such person was dependent on the deceased Government servant for support. The pension will cease to be payable as soon as a female gets married or remarried or a brother; unmarried sister attains 21 years of age.
(iv) The pension will be payable to one member at a time. When it is not, payable to him/her on account of his/her death or due to the reasons as stated above, the pension will be paid to the next claimant in the order of eligibility.
(v) Where gratuity/pension is payable to minor or minors payment is made to the regularly appointed Manager or Guardian. Where there is no guardian, the sanctioning authority may allow the payment to their mother. In case the mother is not alive or was judicially separated from the Government servant in his life time, the sanctioning authority may nominate any suitable person to be the guardian for the purpose. For female Government servant, the payment can be made to the father of minor children.
(vi) If an employee remains missing or unheard of for a period of seven years to the satisfaction of the Department concerned, family pension may be allowed to his heirs as provided in the rules.[Ministry of Finance O.M No 5(1) Reg. 6/87 dated 4-3-1987.]
NOMINATION FOR DEATH-CUM-RETIREMENT GRATUITY
FORM 'A'
9.18
When the Government servant has family and wishes to nominate one member thereof.
I hereby nominate the person mentioned below, who is a member of my family and confer on him the right to receive any gratuity that may be sanctioned by the Government in the event of my death while in service and the right to receive on my death any gratuity which having become admissible to me on retirement may remain unpaid at my death:
Name and address of nominee

Relationship with nominee
Age

Contingencies on the happening of which the nomination shall become invalid

Name and relationship of the person if any to whom the right conferred on the nominee shall pass in the event of the nominee pre-deceasing the Government servant






Dated this........................................day of...............................................................................19   at……………………………………………………………………………………………….
Witnesses to signature
1................................................................
2................................................................
Signature of Government servant
-----------------------------------------------------------------------------------------------
(To be filled by the Head of office in the case of a B-l to B-15 Government servant.)
Nomination by......................................                      Signature of Head of Office
Designation...........................................                    Designation…………………………
Office..................................................                       Date………………………………...

Form 'B"
When the Government servant has a family and wishes to nominate more than one member thereof
I hereby nominate the persons mentioned below, who are members of my family, and confer on them the right to receive, to the extent specified below, any gratuity that may be sanctioned by the Government in theevent of my death while in service and the right to receive on my death, to the extent specified below, any gratuity which having become admissible to me on retirement may remain unpaid at my death:
Name(s) and address(es)
of nominee(s)
Relationship with Government servant
Age

[4]Amount of share of gratuity payable to each
Contingencies on the happening of which the nomination shall become invalid.
Name, address, relationship of person if any, to whom the right conferred on the nominee shall pass in the event of the nominee redeceasing theGovernment servant







N.B--The Government servant should draw lines across the blank space below the last entry to prevent the insertion of any name after he has signed.
Dated this..............................................day of.........................................................................19   at………………………………………………………………………………………………..
Witnesses to signature
1…………………………................
2……………………………………                 Signature of Government servant
-----------------------------------------------------------------------------------------------
 (To be filled in by the Head of office in the case of B-l to B-15 Government servants)

Nomination by..............................................              Signature of Head of Office
Designation...................................................              Designation............................................
Office............................................................              Date........................................................
Date......................................
INDEXATION OF PENSION:
9.20 The pensions of all the civil pensioners of the Federal Government are to be indexed in relation to the cost of living at the rales specified from time to time. The concession would be admissible to all the existing pensioners w. e. J. 1st July, 1985 and to all pensioners retiring on or alter that dale. The pension admissible at any time will be the pension due under the normal rules multiplied by the index applicable from time to time.
9.21  For the purpose of indexation the term pension would mean gross' pension, i. e. pension before commutation and/or surrendered of one fourth thereof including any dearness/ad hoc increases in pension sanctioned from time to time.
[Finance Division O.M No F. 11(1) Reg. (6)85 dated 26-6-1985 and F 11(1)-Reg (6)/86(A) dated l-7-1986]

COMMUTATION OF PENSION:

         9.22 A Government servant is entitled to commute for a lump payment any portion, not exceeding 1/2 of pension excluding the indexed amount of pension which has been or may be granted to him.
         9.23 The application for commutation should be addressed to the sanctioing authority. On receipt of the application the sanctioning authority will transmit to the applicant a copy of the Accounts Officer's Certificate of the lumpsum to be paid on commutation, and direct him to appear for examination before a medical authority to be prescribed by the sanctioning authority. The applicant must appear before the medical authority within 3 months of the dale of orders of the sanctioning authority. This intimation will be treated as administrative sanction for commutation, but will lapse if the medical examination is not held within the prescribed period. If the applicant does not appear before the medical authority within the prescribed period, the sanctioning authority may, at its discretion, renew the administrative sanction for a further period of three months. The applicant can withdraw his application by written notice dispatched at any time before medical examination, but this option will expire on the appearance before a medical authority.
         9.24 The commutation will become absolute i. e., the title to receive the commuted portion of pension will cease and the title to receive the commuted value will accrue, on the date on which the Medical Board signs the medical certificate. Whatever the date of actual payment, the amount paid and the effect upon the pension will be the same as if the commuted value was paid on the date on which the commutation became absolute. If the pensioner died on or after the day following that on which commutation became absolute, but before receiving the commutation value, this value will be paid to his heirs.
         9.25 Commutation is not subject to medical certificate or to administrative sanction if it is asked for within one year of the date of retirement. The date of application by the retired civil servant, in such a case, will be the date of commutation becoming absolute. Where commutation is applied for before retirement the commutation will become absolute on the date of retirement. A civil servant retiring on or after 1-7-1986 after attaining the age of 60 years will be allowed commuted value of pension as applicable to age of sixty years instead
of the age of 61 years, if he applies for commutation while in service.
[Finance Division O. M. No. F. 4(3) Reg. (6)/86 dated 1-7-1986 and F. 11(1) Reg. (6)/85-II dated 16-4-1985].
9.26 In the case of provisional pension, the commutation may be provisionally sanctioned on that basis. When the pension is finally sanctioned, the final payment order should be substituted for the provisional payment order for purpose of commutation as also for all other purposes. In the case of premature retirement on medical grounds the requirement of medical examination will not be waived.
COMMUTATION TABLE:
9.27 The lumpsum payable on commutation is to be calculated in accordance with the following table:
Age next birthday
Number of  years purchased

Age next birthday
Number of  years purchased

Age next birthday
Number of  years purchased

20
50. 6304
41
30. 8007
62
14. 2105
21
49. 6676
42
29. 8907
63
13. 6090
22
48. 7066
43
28. 9800
64
13. 0239
23
47. 7467
44
28. 0891
65
12. 4549
24
46. 7884
45
27. 1990
66
11. 9017
25
45. 8314
46
26. 3172
67
11. 3643
26
44. 8758
47
25. 4444
68
10. 8428
27
43. 9215
48
24. 5816
69
10. 3371
28
42. 9688
49
23. 7301
70
9. 8472
29
42. 0179
50
22. 8911
71
9. 3729
30
41. 0089
51
22. 0658
72
8. 9142
31
40. 1218
52
21. 2563
73
8. 4708
32
39. 1767
53
20. 4638
74
8. 0427
33
38. 2336
54
19. 6896
75
7. 6299
34
37. 2929
55
18. 9348
76
7. 2322
35
36. 3551
56
18. 2002
77
6. 8496
36
35. 4203
57
17. 4860
78
6. 4818
37
34. 4885
58
16. 7925
79
6. 1287
38
33. 5603
59
16. 1191
80
5. 7901
39
32. 6361
60
15. 4649


40
31. 7160
61
14. 8290



9.28 Ministries/Divisions etc., should ensure that while approaching the medical authorities for constituting medical boards, relevant papers etc., are sent to them complete in all respects, well in advance of the next date of birth of the Government servant concerned.
9.29 The commuted amount of pension equal to 1/4th of the gross amount of pension shall be restored on completion of the number of years for which commuted value was paid. In restoring the commuted portion of pension fraction of a year shown in the commutation table which is less than six months will be ignored and that of six months and more will count as one year.
[Ministry of Finance O.M No F.10 (8) Reg. (6)/85, dated 25-6-1985]
9.30 No further commutation will be permissible on the commuted portion of the pension restored.
[Ministry of Finance U.O No 10(8) Reg. (6)/85 dated 2nd October, 1985.]
ANTICIPATORY PENSION:
9.31 (a) When a government servant is likely to retire before his pension can be finally assessed and settled action should be taken for grant of anticipatory pension. For this purpose the sanctioning authority should furnish tothe Audit Officer concerned with all the particulars of services in respect of the retiring Government servant. The Audit Officer should sanction the disbursement of pension to which after the most careful summary investigation that he can make without delay, he believes the Government servant to be entitled. Such disbursement should be made only after the following declaration has been signed by the retiring Government servants:-
"Whereas the (here state the designation of the officer sanctioning the advance) has consented provisionally, to advance to me a pension of Rs.................................per month and lumpsum gratuity of Rs.................................. in anticipation of the completion of the enquiries necessary to enable the Government to fix the amount of my pension and gratuity, I hereby acknowledge that, in accepting this advance, I fully understand that my pension and gratuity are subject to revision or the completion of the necessary formal enquiries, and I promise to base no objection to such revision on the ground that the provisional pension and gratuity now to be paid to me exceeds the pension and gratuity to which I may be eventually found entitled. I further promise to repay any amount advanced to me in excess of the pension and gratuity to which I may be eventually found entitled.”(Art 922 C.S.Rs)
(b) If the Audit Officer considers it likely that the Government servant would be entitled to a gratuity only, one-sixth of the amount of such probable gratuity should, upon a similar declaration, be disbursed monthly until the amount is finally settled.(Art. 923 C.S.Rs)
(c) The payment of the anticipatory pension should be so arranged that it is not delayed beyond the first day of the month following the month in which Government servant is due to retire. (Art 924 C.S.Rs)
(d)    Administrative as well as audit and account authorities must exercise the power to sanction anticipatory pension, whenever required, to avoid any delay in the payment of pension.
[Para l(c) of the Finance Division O.M No F. 6(4)-Reg. (6)/79 dated 22-3-1981]
9.32 If for any reason it is apprehended that the pension payment order cannot be issued within the prescribed time in the case of normal retirement, one month before retirement and in the case of premature, voluntary or compulsory retirement or death, within three months of the date of event a provisional order authorising payment of 80% of the admissible pension may be issued by the competent authority without referring the case to the audit office within one month of the expiry of the prescribed time.
[Finance Division O. M. No. F. 5(1) Reg. (6)/77 dated 24-2-19/7]
WOUNDS, INJURIES AND EXTRAORDINARY PENSION:
9.33 Where a Government servant is injured, killed or dies of injuries received during the execution of public duty, a pension or gratuity may be granted to him or to his family in accordance with the following rules.
9.34 Pension/Gratuity for injury or death in course or consequence of duty. The classification of disabilities and the criteria for determining their attributability to service under the Central Civil Services (Extraordinary Pension), Rules is detailed in Annexre, along with the rate and scale of disability/death pension and gratuity.
ANNEXURE
                                                                         Children's pension
Class of injuny
Pension
Gratuity
Child without own mother
Child with own mother living
Disability Pension/Gratuity
A
20% of pay subject to a maximum of Rs. 600 p.m. and a minimum of Rs. 100 p.m. (Note.After death it will devolve on the widow.
6 months pay-

5% of pay, subject to a maximum of Rs. 100 and a minimum of Rs. 50 per child.

2-1/2% of pay subject to a maximum of Rs. 50 and a minimum of Rs. 25 per child.

B
15% of pay subject to a maximum of Rs 450 and a minimum of Rs. 75 p.m
Nil

4% of pay subject to a maximum of Rs 80 and minimum of Rs. 40 per child.
2% of pay subject to a maximum of Rs 40 and minimum of Rs.20 per child
C
Do
Nil
Nil
Nil
DEATH (SPECIAL FAMILY) PENSION/GRATUITY

20% of pay subject to a maximum of Rs. 600 and a minimum of Rs100 p.m.
6 months pay.
5% of pay, subject to a maximum of Rs. 100 and a minimum of Rs. 50 per child.
2-1/2% of pay subject to a maximum of Rs. 50 and a minimum of Rs. 25 per child.
9.35 The pensions/gratuities mentioned in this para will be in addition to the pensions and gratuities admissible under the normal rules.
9.36 These rules will continue to be applicable to the Government servants transferred to Foreign Service in Pakistan, liability for any claim in this respect will be that of the foreign employer.
[Finance Division O. M. No. F. 2(3) Reg. 7/74, dated 31-5-1974].
PENSION TO MEMBERS OF FORMER I.C.S.:
9.37 An officer of the former Indian Civil Service who has been 25 years in the service and who has rendered 21 years active service, will on his resignation being accepted, be entitled to an ordinary pension of Rs. 13, 333.34 per annum. Such an officer will submit his application for permission to resign the service and for a pension or gratuity to the Government of Pakistan through the Provincial Government under which he is employed at the time. If he is employed under a Ministry/Division of the Government of Pakistan, the application should be sent through such Ministry/Division. The Government of Pakistan will on receipt of the application and after scrutiny sanction pension and send the application together with the sanction to Accountant-General, Pakistan Revenues, who will issue Pension Payment Order.
9.38 As soon as an officer gives over charge of his office the Accountant General, Pakistan Revenues, should furnish the following information to the Government of Pakistan:
(1) Name of officer.
(2)    Date on which he made over charge of his office.
(3)    The amount of leave granted, if any.
(4)    Date upto (and including) which leave allowance have been drawn.
(5)    What demands, if any, are outstanding against the officer?
The pension or gratuity should be sanctioned subject to the recovery of the outstanding amount if any.
[Article 974 C.S.Rs.Finance Division O.M No OB-2/12/63-lmp. (1). dated 18-8-1966 and Finance Division O. M. No. F 4(4) Rs/68, dated 30-1-1971]
MEASURES TO AVOID DELAY IN THE FINALIZATION OF PENSION CASES:
9.39 All authorities dealing with pension cases should bear in mind that delay in the payment of pensions involves pecuniary hardship. The monthly income of a wage earner ceases at a time when he may need money the most. So it is essential to ensure that a retiring Government servant begins to receive his pension on the date on which it becomes due. With this end in view, the procedure for preparation of pension papers and sanction of pensions has been simplified. The most important factors relevant to the determination of the amount of pension/gratuity are the length of qualifying service rendered by a Government servant before retirement/death and average emoluments. Information in both these respects is computed on the basis of the information available in the History of Services/Service Book/records of the Government servant concerned. The simplified procedures themselves cannot bring about the desired results unless the authorities concerned take effective steps to ensure that service record are kept up-to-date and complete. In order to achieve this object the following measures have to be adopted.
9.40 History Files: All Divisions/Departments/Offices should maintain a History File of each B-16 & above. This file should contain (a) Gazette Notification (b) Charge Report (c) a separate Card or Booklet showing the date of Assumption and Relinquishment of Charge of each post and emoluments drawn, and (d) Leave Account showing the various kinds of leave taken by the officer from time to time. As soon as an officer is transferred to another Department or Office, his 'History File' should also move with him to the new Office or Department. The History File should be shown to the officer concerned in January every year and his acknowledgement obtained on it after settling any discrepancy that may be noticed.
         9.41 History Files in respect of the officers belonging to the occupational groups controlled by the Establishment Division, e. g., DMG, OMG; Police etc. shall be maintained by the Division/Department in which the officer is appointed from time to time and not by the Establishment Division. When such an officer is transferred to another office his History File should also be sent to his new Department who will then be responsible to maintain it for so long as he remains there.
9.42 History of Service: The Audit offices should compile History of Services in respect of B-16 and above regularly and keep them up-to-date.
9.43 Service Books: Service Books in the prescribed form should be maintained in duplicate, in respect of all the B-l to B-15 Government Servants. If the work justifies a whole time officer should be exclusively designated for supervising maintenance of Service Books. One copy of the Service Book should be kept in the custody of the head of the office in which the Government servant is employed and transferred with him from office to office. Every step in a Government servant's official life must be recorded in his Service Book, and each entry must be attested. It should be ensured that all entries are duly made and attested and that the Service Book contains no erasures or over writings, all corrections being, neatly made and properly attested. The second copy of the Service Book should be kept in the custody of the Government servant concerned who should ensure that all entries in his service book are recorded and attested in time. The Government servant should in his own interest examine his Service Book occasionally in order to see that it is not only properly maintained but the entries made therein are complete in all respects. The head of the office should permit a Government servant to examine his Service Book should he at any time desire to do so. For the purpose of the grant of pension/gratuity, increment, etc.,to the Government servants, only the original copy of the Service Book will be consulted, the duplicate copy of the Service Book would serve as a means for completion of the original Service Book or its reconstruction in the event of its being lost or destroyed.
9.44Verification of service: At a fixed time early in the year the Service Books should be taken up for verification by the Head of the office, who after satisfying himself that the services of the Government servant concerned are correctly recorded in each Service Book, should record in it a certificate in the following form: -
"Service verified upto (date) from (the record from which the verification is made)"
9.45 If the service cannot be wholly verified from the records (Service Books, pay bills and acquittance rolls) of any one office, reference shall be made to the heads of other offices in which the Government servant has served.
9.46 If. in any particular case, it is not possible to verify the service of a Government servant from the official records, a statement of the Government servant in writing as to the particulars of his service, statements in writing of other officers who were his contemporaries in the office/department, and documents and letters not forming part of official records may be received in evidence and the service verified on their basis. The power to admit service under this provision can be exercised by the authority empowered to sanction pension.
9.47 On transfer of the Government servant from one office to another, the Head of office should record in the Service Book the result of the verification of service with reference to pay bills and acquittance rolls in respect of the whole period during which the Government servant was employed under him, before forwarding the Service Book to the new office.
9.48 (a) Verification of service by Audit Officer: The services of a Government servant should be got verified by the Audit office as soon as he has completed ten years service, thereafter the next verification should be on completion of 24 years service, i. e., in respect of the intervening 29 years, and then finally it should be verified in respect of the period after 29 years when a Government servant is actually due to retire. The length of the pensionable service accepted in audit at these stages should be recorded in both the copies of Service Book of B-1 to B-15 Government servants, with the stamp of verification duly authenticat ed. In the case of B-16 and above, the fact of verification should appear in the History of Service but if the History of Service is not up-to-date, the officer concerned should be informed of the accepted length of pensionable service through a letter.
(b) Special measures for verification of service and computerisation of accounts. (1)  In order to deal with the existing outstanding pension cases in which the entries relating to previous fixation of pay or verification of service are missing, it shall be incumbent upon the last audit and account officer dealing with a pension case to verify the same himself on the basis of the available record without referring the case to any other audit and accounts office.
(2) The verification of qualifying service of all Government servants should be completed by the administrative and audit authorities concerned.
(3) The salary accounts of the Government servants, if not computerised so far, should be computerised immediately.
(4) The computer slip is required to indicate up-to-date qualifying service and the status of government servant, i. e., "temporary", "permanent" or "substantive". These entries are considered as duly audited.
(5) In case any of the salary accounts remains uncomputerised the audit and account authorities should issue an up-to-date qualifying service certificate to each Government servant and, thereafter, such a certificate be issued every year till the audited qualifying service is reflected in the computer pay slip. The audit and accounts authorities should also give a certificate that valid nomination papers regarding gratuity are held by them.
[Para l(h) Finance Division O. M. No.F 6(4)-Reg. (6)/79 dated 22-3-1981].
9.49 ALLOCATION OF PENSION BETWEEN DIFFERENT DEPARTMENTS              (i) The Audit officer should take steps to obtain acceptance of allocation of pension from the Accounts Officers of the Provincial Governments and the Commercial Departments like Railways, Posts, Telegraph and Telephone Departments, etc., in respect of service rendered under them and from the Military Accounts Officer in respect of service paid from Defence Estimates.
(ii) Finalization of pension cases shall not be held up on this account. If there is any dispute with regard to the apportionment of pensionary liability, the matter should be sorted out by the Audit and Accounts Officers involved.
[Para l(h) of the Finance Division O.M No. F. 6(4)-Reg. (6)/79 dated 22-3-1981].
9.50 List of officers and staff due to retire:With a view to ensuring timely action in pension cases the visions/Departments/Offices should maintain a list showing the dates of retirement of all their officers and staff who are due to retire in a calendar year and review it quarterly.
9.51 Employment of officers and staff on pension work: Depending on the volume of work, one Section Officer or Assistant should be employed exclusively on pension work. He should be required to make himself conversant with pension procedures and the method of preparation of pension papers.
9.52 Observance of rules relating to grant of secured advances: It should be ensured all secured advances made to Government servants are properly and adequately secured with mortgage deeds, agreements, etc., as prescribed under the rules. It should be ensured that suitable steps are taken at the appropriate time so as to complete the recovery of other Government dues before the date of retirement. Officials responsible for the grant and recovery of advances and other outstanding dues, should be warned that should an advance or any other amount due from the Government servant be found to be irrecoverable, due to non-observance of prescribed procedure/rules and/or negligence, it will be liable to be recovered from those officials. If the amount of advance* is not fully repaid, the retiring Government servant should be asked to give his consent to any recoveries due from him being effected from the pension/gratuity payable to him. In case, he fails to give such consent, appropriate legal action should be taken to effect the recoveries on the basis of the mortgage deeds executed by him at the time of drawing the advance.
9.53 Grant of un-secured advances: No unsecured advances should ordinarily be granted to any Government servant within six months of the date of his retirement. If any such advance or other dues are already outstanding, these should be recovered from his pay or leave salary for six months' period upto the date of his retirement. If, for, special reasons, it becomes necessary to grant an advance of pay, travelling allowance etc., to any Government servant within six months of his retirement, he should be required to furnish security of a permanent Government servant, who is not due to retire within one year before the advance is paid to him.
9.54 Government servants proceeding on foreign service and recovery of leave salary and pension contribution: (i) Full particulars of the officers and staff proceeding in foreign service must be communicated promptly to the Audit Offices, it should be ensured that the recoveries on account of pension and leave salary contribution in respect of officials on foreign service are effected and accounted for by the Audit officers. Where original treasury challans arc not available the missing credits of leave salary and pension contribution may be adjusted either on the basis of attested/photostat copies of treasury challans or on production of original/attested copies of certificate of, foreign employer regarding deposit of contribution bearing number and date of challans.
[Auditor-General of Pakistan letter No. 1126-A/29-77 Vol. II dated 3-10-1979].
(ii) In the case of Government servant on deputation to foreign service within Pakistan or abroad, the leave salary and pension contributions shall be paid by the foreign employees (vide para l(c) of the Finance Division O.M No F. 6(4)-Reg. (6)/79 dated 22nd March, 1981. No leave salary contribution will however be recovered from Foreign Service in Pakistan with effect from 1st July, 1982. In case of non-payment of these contributions by the foreign employers in time, the matter will be taken up by the administrative authorities with the foreign employer concerned, but the finalization of pension cases shall not be held up nor shall the qualifying service of the Government servants concerned be reduced on that account.
[Finance Division O.M No F. 5(5) R-7/79-1407 dated 15-12-1981].
9.55 Close watch by Vigilance Oficers: The Vigilance Officers should keep a close watch over pension work in their Division as well as in the Attached Departments and subordinate offices.  
9.56 Checking of service recordsby Audit Department and Controlling Officers: Service records of the Government servants who are due to retire in the next one or two years should be checked by the Local Audit Parties and by the Controlling Officers while visiting subordinate offices. For this purpose, a list of Government servants who are due to retire during the next two years should be prepared and furnished half yearly to the Accountant General concerned on the 1st January and 1st July each year.
PROCEDURE RELATING TO PREPARATION OF PENSION PAPERS AND SANCTION OF PENSION:
9.57 With a view to ensuring that a retiring Government servant begins to draw his pension on the date it becomes due, the following procedure should be followed by the authorities concerned.
(i) The Heads of Departments (in the case of B-16 and above officers) and Heads of offices (in the case of B-l to B-15) employees should start the preparation of pension papers in each case one year before the expected date of retirement without waiting for the formal application from the Government servant concerned, which is to be submitted not earlier than six months before the date of retirement.
[Finance Division O.M No F. 5(1)-Reg. (6)/77, dated 24-2-1977].
(ii) The Head of the Department or office responsible for initiating the case should start filling Sections (2) to (5) of Part II of the working copy of the Pension Application Form C.S.R. 25 (Revised) one year before the expected date of retirement.
(iii) Simultaneously, with the starting of preparation of pension papers of a Government servant, the departmental authorities should consult the records and see whether any recoveries are due from him on account of misuse of Government funds or losses caused to Government. If there are any such dues, early steps should be taken to complete the recoveries of the dues before the date of retirement. If any disciplinary action in this behalf has to be initiated, this should be done at once, so that it may be possible to finalize the case and complete the recoveries before the date of retirement. In case such action has already been initiated steps should be taken to finalize it as quickly as possible so that recoveries may be completed well in time. If any other disciplinary action is pending, it should also be finalised.
(iv) Six months before the expected date of retirement, the would be pensioner should be asked to fill in and sign Part I and a fresh copy of the Form and submit it alongwith three specimen signatures, three photographs and two sets of thumb and finger impression on
the prescribed Form, all duly attested. The photographs and thumb and finger impressions are not required in the case of B-16 and above officers.
(v) Part I of the working copy should then be filled in by copying from the signed copy received from the applicant. Similarly, Sections (2) to (5) of Part II of the signed copy should be filled in by copying from the working copy. Section I of Part II of both the Forms should then be filled in.
(vi) Requests for furnishing 'No Demand Certificate' should be made to all concerned at least six months before the date of retirement of the Government servant. If any demand is outstanding against the Government servant, it must be intimated not later than 15 days after the date of retirement (which should be specified in the request for 'No Demand Certificate'). In case the demand is not intimated within the above time limit the finalisation of pension cases should not be held up on that account and the Department/office which has
failed to intimate an outstanding demand by the due date should be held responsible.
(vii) The payment of pension should not be held up merely for want of 'NO DEMAND CERTIFICATE'. In cases in which 'No Demand Certificate' is not available P.P.O. may be issued by the Audit Officer concerned for payment at a Treasury subject to the production of an undertaking, at the time of the first payment of the pension/gratuity, -by the pensioner, or his family (in the case of his death) to the effect that any demand coining to the notice within a period of one year after the issue of P. P. O. would be recoverable from the pension. Failure to intimate recoveries during this extended period should result in the amount involved being recovered from the official responsible for the delay. If any
Government dues are found to be outstanding against pensioner within one year from the date of issue of the P. P. O. the matter shall be referred to Head of the Department for orders before any recoveries are actually affected from the pensioner.
[Para 1(f) Finance Division O. M No F. 6(4)-Reg. (6)/79 dated 22-3-1981].
(viii) In cases where Government servants had retired with less than 10 years service and were entitled to service gratuity only, it would not be possible to recover Government dues coming to light afterwards when the gratuity had been paid to them. The payment of such gratuity could, therefore, be made only after the 'No Demand Certificates' have been issued by the authorities concerned. In order to avoid hardship in such cases it has been decided that the payment of gratuity should not be withheld for more than six months after the date of retirement. The onus of furnishing the certificate or intimating the outstanding dues, as the case may be, within this period will rest on the Division/Department concerned. The outstanding dues coming to light within this period may be recovered from the amount of gratuity which should be paid after six months of the date of retirement without insisting on the 'No Demand Certificate' and the responsibility for Government dues if any, coming to light thereafter should rest with the officials responsible for the delay.
(ix) The Head of Department or office should alert the Estate Office six months before the date of retirement of a Government servant to bring his rent account up-to-date so that the outstanding dues, if any, are realised before the date of retirement. In case a retired
Government servant is allowed to continue in occupation of Government quarter after the date of retirement, the Estate Office should ensure future recovery of rent by obtaining personal sureties instead of withholding the 'No Demand Certificate'.
(x) No Demand Certificates in respect of all Government accommodations occupied by a Government servant throughout his Service are not necessary.Such a certificate should be necessary in respect of only the last Government accommodation occupied by him before retirement. Any outstanding dues in respect of any previous accommodation should be recovered from the defaulting Estate Officer. Also a 'No Demand Certificate' should be issued yearly by the Estate Office concerned in the case of all allottee Government servants at a particular station.
(xi) The signed copy of the Pension Form should be forwarded to the sanctioning authority after filling up and signing Section (6) of Part II. The working copy may be retained in the initiating office as an office copy.
(xii)(a) Pension Application Form must be supported by such requisite documents as can be issued before the actual date of retirement. In case of Invalid Pension, invalidity certificate should be enclosed in original. Documents which cannot be issued till the date of retirement such as the Last Pay Certificate and the No Demand Certificate should be sent afterwards separately.
(b) Last Pay Certificate. It shall be mandatory for the drawing and disbursing officers and audit and accounts authorities to issue Last Pay Certificate within 15 days of the date of retirement of a Government servant.
[Para (b) Finance Division O.M No F. 6(4)-Reg. (6)/79 dated 22-3-1979]
(xiii) Where a Government servant is deceased and family pension is payable to the widow or other claimants, the following documents have to be sent alongwith the Pension Application Form:
(a)    Application (in original) from the widow/claimants.
(b)    Death Certificate (in original).
(c)    Postal Address (3 copies).
(d)    List of surviving members (3 copies).
(e)    Specimen signatures of widow/claimant(s).
(f)    Thumb and finger impressions of the widow/claimant.
(g)    Non employment certificate (3 copies).
(h) A certificate to the effect that the widow had not judicially separated from her husband (3 copies).
(i) A certificate that the widow had not re-married after the death of her husband.
(xiv) The sanctioning* authority should fill in Section (7) of Part II of the Form. The full pension admissible under the rules is not to be given as a matter of course, unless the service rendered has been really approved. If the service rendered has not been thoroughly satisfactory, the authority sanctioning the pension/gratuity should make such reduction in the amount of pension/gratuity as it thinks proper. However no reduction in the amount of any pension can be made without affording to the person concerned, by means of a notice in writing, an opportunity to show cause against the proposed reduction.
[Finance Division Notification No S.R.O. 482(K)/72-F. 10(7) Rev. (6)/71, dated 30-3-1972].
(xv) After completion of Section (7) of Part II of the Form the sanctioning authority should send the Form to the Audit Office, alongwith a forwarding letter. In regard to preparation of pension papers of Government servants on deputation to other Departments it has been decided that those of a temporary employee may be prepared by the borrowing Ministry/Department, but in the case of a permanent employee the papers have to be prepared by the Ministry/Division/ Department/Office in which he held a substantive appointment. Likewise the Audit Office dealing with the borrowing Department, in which the temporary employee was serving will finalise the pension case and in the case of a permanent Government servant the pension case will be finalised by the Audit Office in whose jurisdiction falls the Government/Ministry/ Department in which such a Government servant holds a permanent post in a substantive capacity.
[Finance Division O.M No F. 7(2) Reg. (6)/72, dated 18-4 1972 and Auditor-General's letter No. 2244-Pro/50-71, dated 24-9-1975].
(xvi) The Audit Officer, after scrutinizing Part I and Part II and arriving at his own findings about the correct length of qualifying service and the amount of Pension and Gratuity admissible, record a gist of his findings from his working papers into Part III of the form.
(xvii) The Audit Officer should issue the Pension Payment Order in cases where all necessary documents/informations are available with him, a fortnight before the expected date of retirement.
(xviii) When the preparation of a pension case is started a Progress Sheet in the following form should be attached with it showing the dates by which specific action should be completed. This sheet should move with the pension case from the administrative authority to the Audit office and should be returned to the administrative authority after the final Pension Payment Order has been issued. The return of the Progress Sheet should be watched by the administrative Ministry/ Department and on its receipt back it should be examined at the level of Deputy Secretary in the case of B-l to B-15 staff and Joint Secretary in the case of B-16 and above view to finding whether any delay has taken place.
9.58 Progress Sheet for pension cases:
1.     Name of retiring Government servant.
2.     Post held.
3.     Date of birth.
4.     Expected date of retirement.

                                                                               Action

Due date
Initiated on
Completed on
5. Initiate preparation of pension papers.
6. Checking of records to sec whether any recoveries of Government dues are outstanding.


one year before expected date of retirement



7. Obtaining of formal Application for pension from would be pensioner.
8. Request for furnishing 'No Demand Certificate’
9. Writing to Estate Office to bring rent account up-to-date.
Six months before expected date of retirement



10. Finalisation of pension papers in administrative departmem and their submission to Audit Office.
At least three months before the expected date of retirement,


11. Issue of pension payment order.
Fortnight before the expected date of retirement



9.59 This Progress Sheet should move with the pension papers of the individual concerned and be returned to the administrative authority after Pension Payment Order has been issued where observations of Head of Department/D.S./J.S. should be recorded.

STEPS RELATING TO PREPARATION AND DISPOSAL OF AN ORDINARY PENSION CASE:

9.60 One year before the dale of retirement.
STAGE I
(i) The office responsible for initiating the case starts filling up of working copy of the Pension Application Form.
(ii) Checks records to sec whether any recoveries of Government dues are outstanding.
(iii) Attach a Progress Sheet showing the dates by which specific action is required.
Six months before the dale of retirement
STAGE II
(i) Obtain formal application from the would-be pensioner.
(ii) Requests the parties concerned for issue of "No Demand Certificate".
                  (iii) Warns the Estate Office to bring the rent account up-to-date.
Six to three months before the dale of retirement
STAGE III
(i) Completes the pension papers for submission to sanctioning authority.
(ii) Sanctioning authority records orders.
(iii) Forwarding of papers to the Audit office.
Three months to fortnight before the date of retirement
STAGE IV
(i) Audit Office checks the pension papers.
(ii) Audit Office issues the P. P. O.
(iii) Allows anticipatory pension in case delay is likely to take place in finalization.
After the issue of P. P. O
STAGE V
(i) Audit Office returns the Progress Sheet
(ii) DS/JS examines the Progress Sheet.
The Vigilance officers will keep a close watch over the pension work in the Ministries as well as the Attached Departments and Subordinate Offices.
PAYMENT OF PENSION IN PAKISTAN:
9.61 (i) Beginning of payment of pension.The ordinary pension is payable from the date on which the pensioner ceases to be borne on the establishment.(Art. 930 C.S.Rs)
(ii) Payment of Gratuity.A gratuity is paid in single sum, and not by installments, on receipt of the Accountant General's authority. (Art. 940 C.S.Rs)
(iii) Payment of Pensions.A pension is payable monthly on and after the first day of the following month. (Art. 943 C.S.Rs)
(iv) Death of a Pensioner A pension is payable for the day on which the pensioner dies, the hour at which death takes place has no effect on the claim.(Art. 943 C.S.Rs)
[Finance Division Notification No SRO 413(1)/79 dated 19-5-1979 F.6(7)-Reg.(6)/78.]
(v) On receipt of the Pension Payment Order, the disbursing officer should deliver one-half to the pensioner, and keep the other half carefully in such a manner that the pensioner, cannot have access thereto. All payments should be entered on both the halves and attested by the disbursing officer. (Art 943 C.S.Rs)
A pensioner can draw his pension from a District Accounts Officer, Treasury/Sub-Treasury or any branch of the National Bank of Pakistan.
[Treasury Rule 323 & Finance Division O.M No F. 3(11) IF-IX/75-288 dated 8-4-1977]
(vi) Payment of pensions by Money Orders. Small pensions upto Rs. 500 per mensum can be drawn-by pensioners at their option and expense through postal Money Orders, pensioners drawing up to Rs. 30 per mensum are allowed to draw their pensions at Government expense through postal money orders.
[Finance Division O.M No 4(3)-RI/64, dated 11-2-1965 and F. 4(8) RS/11/68, dated 10-5-1969]
(vii) Personal appearance of pensioners and payment through life certificate. As a rule, a pensioner must take payment in person after identification by comparison with the Pension Payment Order. A pensioner specially exempted by the Government from personal appearance, or a female pensioner not accustomed to appear in public, or a male pensioner who is unable to appear in public in consequence of bodily illness or infirmity, may receive his or her pension upon the production of a LIFE CERTIFICATE signed by a responsible officer of Government or by some other well-known and trust worthy person. A pensioner of any description, who produces a life certificate signed by some person exercising the powers of a Magistrate under the Criminal Procedure Code, or by any Registrar or Sub-Registrar under the Registration Act, or, by any pensioned officer who before retirement held a B-16 and above appointment or exercised the powers of a Magistrate or by a Munsiff, or by any person holding a Government title, is also exempted from personal appearance. In all such cases the disbursing officer must take precaution to prevent impositions and must, at least once a year, require proof independent of that, furnished by the life certificate, of the continued existence of the pensioner.(Art. 944, 945, 946 and 947 C.S. Rs)
(viii) Drawal of pensions through Agents. A pensioner of any description, resident in Pakistan is exempted from personal appearance if he draws his pension through a duly authorised agent approved by Government who must execute a bond to refund overpayments and produce at least once a year a life certificate signed by any of the persons authorised in para (vii) above. Such pensions should not be paid on account of period of more than a year after the date of life certificate last received and the Accountant-General and the disbursing officer should be on the watch for authentic information of the deceased of any such pensioner and on receipt thereof should promptly stop further payment. (Art.949 C. S. Rs)
(ix) Drawal of pensions by pensioners not residing in Pakistan. A pensioner not residing in Pakistan may draw his pension at any Treasury in Pakistan, any branch of the National Bank of Pakistan through a duly authorised agent who must either produce a certificate by a Magistrate, a Notary Public or a Banker or the Head of a Pakistan Mission abroad or a gazetted officer duly authorised by him on each occasion, that the pensioner was alive on the date to which his pension is claimed, or execute a bond to refund overpayments and produce such certificate at least once a year.[Art. 949 C.S.Rs read with Ministry of Finance O.M No. F. 3(9) IF. IX/77-66, dated 13-8-1977]
(x) Certificate of non-employment. A pensioner is required to append to his bill a certificate as follows:-
"I declare that I have not received any remuneration for serving in any capacity, either under Government or under a Local Fund during the period for which the amount of pension claimed in this bill is due".
Note:- In the case of a pensioner permitted to draw pension after re-employment, this certificate should be modified according to facts (Art. 953 C.S.Rs)
(xi) Arrears of pension. There is now no restriction for the drawal of pension, if it falls into arrears. The arrears may be paid by the disbursing officer without any reference to the audit office or the pension sanctioning authority.
[Finance Division O M No F. 5(I)-Reg. (6)/77. dated 21-2-1977].
(xii) Arrears payable to heirs of pensioners.On the death of pensioner payment of any arrears actually due may be made to his heirs provided that they apply within one year of his death. It cannot be paid thereafter without the sanction of the authority by whom pension was sanctioned, to be obtained through the Accountant-General.If, however, the arrears do not exceed Rs.100/- and the case presents no peculiar feature, the Accountant-General is empowered to pass the arrears on his own authority.(Art.961, C.S.Rs)  
(xiii) If a Government servant not governed by the pension-cum-Gratuity Scheme, 1954, dies before actually retiring or being discharged, his heirs have no claim to anything in respect of his pension.
(xiv) Future good conduct as condition of payment. Future good conduct is an implied condition of every grant of pension. The Government reserves to themselves the right of withholding or withdrawing a pension or any part of it, if the pensioner be convicted of serious crime or be guilty of grave misconduct. The decision of the President on any question of withholding or withdrawing the whole or any part of a pension shall be final and conclusive. (Art.351 C.S.Rs)
(xv) Taking part in elections and politics. Except with the previous sanction of the Federal Government, no pensioner shall, within a period of two years from the date of his retirement, take part in any election or engage in political activity of any kind. The contravention of this provision shall be deemed to be a grave misconduct. (Art 351 C.S.Rs)

(xvi) Commercial employment after retirement If a pensioner who immediately before retirement was member of any of the All Pakistan Services including the Foreign Service, or of any Central Superior Civil Service, or a Central Service Class-I or a Central Class-II Gazetted Service, or a holder of a Class-II Gazetted post, wishes to accept any commercial employment before the expiry of two years from the date of his retirement he should obtain the previous sanction of the President for this. No pension shall be payable to a pensioner who accepts commercial employment without such sanction, in respect of any period for which he is so employed or such longer period as the President may direct. A Government servant permitted by the appropriate authority to take up a particular form of commercial employment during his leave preparatory to retirement shall not be required to obtain subsequent permission for his continuation in such employment after retirement.
Note-Commercial employment means employment of any capacity including that of an agent under a company, firm or individual engaged in trading or in a commercial, industrial, agricultural, financial or professional business, and includes also a directorship of such company and a partnership of such firm [Art. 531-B CSRs?Ministry of Finance Notification No. F. 1(8) RI/65, dated 25-8-1969],
(xvii) Attachment of pensions. No pension granted or continued by Government on political consideration, or on account of past service or present infirmities or as a compassionate allowance and no money due or to become due on account of any such pension or allowance, shall be liable to seizure, attachment or sequestration by process of any Court in Pakistan, at the instance of a creditor, for any demand against the pensioner or in satisfaction of a decree or order of any such Court. (Rule 5 under Art. 943 C.S.Rs)
(xviii) Agreements for recovery from pensioners. All assignments, agreements, orders, sales and securities of every kind made by the person entitled to any pension, pay or allowance mentioned in Para (xvi), above in respect of any money not payable at or before the making thereof, on account of any such pension, pay or allowance, or for giving or assigning any future interest therein, are null and void. (Sec. 12 Act XXIII of 1871)
(xix) Recovery from pension on account of loss.The President has got the full right to order the recovery from the pension of an officer of any amount on account of losses found in judicial or departmental proceedings to have been caused to Government by the negligence or fraud of such officer during his service. (Art. 351-A C. S. Rs)
         9.62 Payment of pension abroad: (i) A pensioner is entitled to receive his pension in sterling for the period of his residence outside Pakistan. The term 'residence' includes temporary visits abroad. For this purpose the pensioner has to intimate to the Audit Officer concerned in advance that he intends to proceed abroad with effect from.....................................in connection with........................and his period of stay will be approximately.......................... On receipt of the information the Audit office will authorise the payment of pension in Sterling through the State Bank of Pakistan for the period as intimated by the pensioner or for the period of his actual stay whichever is less. This authorization will, however, be subject to the availability of foreign exchange.
(ii) A pensioner domiciled in Pakistan who retired on or after the 18th September, 1969, and acquires the Citizenship of another country, shall, from the date of his acquiring such Citizenship, cease to draw his pension in foreign currency.
(iii) Consequent upon the devaluation of Pak. rupee the pensions determined, under the Revised Pension Rules, 1966 will be converted into Sterling at the new official rate of exchange prescribed on the devaluation of Pak. rupee. This will apply to all payments made on or after the date of devaluation of Pak. rupee irrespective of the period to which they relate.
(iv) The payment of pension in Sterling in the case of the pensioners who do not fall within the purview of Revised Pension Rules, 1966, or who have elected to retain the pre-1966 pensionary benefits would continue to be governed by the provisions of Art. 934 C. S.R or Art 983 C.S.R. as the case may be, read with Paras 3 & 4 of President's Order No. XIV of 1959 [President's Order No. XIV of 1959, dated the 24th August, 1959 as amended vide Ordinance No. III of 1981 dated 24-1-1981, Ministry of Finance O. M. No. F. 8(5) RI/59, O. M. No. F. 5(5)-RI (RWP)/62, dated the 26th May, 1962, Notification No. F. 4(3)-R6/69, dated the 18th September, 1969 and O. M. No. F 6 (22)-Reg (6)/72, dated the 8th
September, 1972].
(v) The following procedure shall be adopted for drawal of pensions by the Pakistani pensioners who want payment of their pension being made through Pakistan Mission abroad. Such pensioners can be placed in the following three categories: -
(i) Federal Government Pensioners (Civil).
(ii) Federal Government Pensioners (Defence),
(iii) Provincial Government Pensioners.
A Pakistani pensioner belonging to any of these three categories desiring to draw pension through a Mission abroad, should approach his Audit Officer for this purpose and the Audit Officer will provide the requisite funds in the Assignment Account of the Ministry of Foreign Affairs together with necessary foreign exchange.
The Chief Accounts Officer, Ministry of Foreign Affairs, on receipt of requisite funds in the Assignment Account and the Payment Authority from Account Office concerned will arrange payment to the pensioner through the missions concerned. The provision for pension payments in the account circle of the respective Account Office shall continue to be made as at present in respect of all the three categories of pensioners mentioned above.
The mechanism in the Accounts Offices concerned shall be that the Accounts Officers concerned shall forward both halves of the existing P. P. O. of the pensioner to the Chief Accounts Officer, Foreign Affairs with a sealed letter of authority for arranging payment through the mission concerned. The Chief Accounts Officer, Foreign Affairs will record on the P. P. O. an endorsement showing name of the mission where pension is to be paid and then forward both the halves of the P. P. O. to the mission concerned. The pensioner will be advised to contact the mission and receive his own copy of the P.P.O. for getting monthly payment.
[Finance Division O. M. No. F. 1(10) EF(B-ll)/79-2340 dated 17-11-1980],

RE-EMPLOYMENT OF PENSIONERS:

         9.63 (i) No Government servant may retire with a view to being re-employed, and drawing pension in addition to pay, whether in the general service or in the service of any Local Fund.
Note. The expression Local Fund denotes revenue administered by bodies which by law or rule having force of law come under the control of Government whether in regard to the proceedings generally, or to specific matters such as the sanctioning of their budgets, sanction to the creation or filling up of particular appointments the enactment of leave, pension or similar rules, and the revenue of any body which may specially notified by the Government of Pakistan as-such. (Art. 509-A C.S.Rs)
(ii) When a pensioner obtains re-employrnent under Government or in the service of a Local Fund he should declare to the appointing authority the amount of any gratuity, bonus or pension granted to him in respect of the previous employment. The authority re-appointing the pensioner should specifically state in the order of re-employment whether any deduction is to be made from pension or salary.
Note. A wound or other extraordinary pension and a wound or injury or disability pension or a disability addition to pension awarded under the military rules shall continue to be drawn by a retired Government servant, civil or military, during re-employment or ontinued employment, and shall be subject to the conditions of its award. (Arts. 510, 510-B. C.S.Rs)
(iii) Since statutory public bodies such as the Pakistan Industrial Development Corporation, the Karachi Development Authority etc. come under the control of the Government either in regard to proceedings generally or to specific matters and the revenue administered by them constitutes 'Local Fund' the rules relating to the re-employment of Government pensioners in the service of 'Local Funds' are applicable to the pensioners re-employed in all autonomous public bodies constituted by law.
[Finance Division O.M No F. 7(3) Rl (RWP)/61, dated 10-5-1961].

9.64 Fixation of pay of re-employed pensioners: The following general principles should be observed in fixing the pay of retired Government servants re-employed under the Government of Pakistan, Autonomous Bodies and Public Limited Companies in which Government holds controlling shares:-
(a) Where the new post carries a fixed pay, he should be allowed the pay of that post less pension.
(b) Where the new post carries a time-scale of pay: -
(i) If the substantive pay last drawn by the officer before retirement was less than the minimum of the scale of the new post he should be allowed the minimum of the scale less pension.
(ii) If the substantive pay last drawn was more than the minimum of the scale but less than the maximum of the scale of new post, his pay should be fixed at the stage in the scale corresponding to the pay last drawn or if there be no such stage, at the next lower stage in the scale. From the pay so fixed the amount of pension should be deducted.
(iii) Where the substantive pay drawn immediately before retirement was more than maximum of the scale of the post in which the officer is employed, his pay may be fixed at the minimum of the scale of the post in which he is re-employed and he may be allowed to draw his pension in addition to the pay so fixed subject to the condition that the initial pay fixed phus the amount of pension does not exceed the substantive pay drawn by him immediately before retirement. Once the pay is so fixed he will be entitled to draw increments in the scale of the post provided that the amount of pay (including increments) plus pension does not, at any stage, exceed the substantive pay drawn before retirement.
(c) A re-employed Government servant should earn increments in all cases where pay has been fixed in a scale at a stage a lower than the maximum.
(d)    In case a re-employed pensioner is promoted to a higher post, his pay should be fixed in such a manner as if he was a serving officer with the difference that from the pay so determined the pension would be deducted.
(e) In a case where officiating pay higher than the substantive pay was drawn for a continuous period of 3 years or more immediately before retirement, the officiating pay drawn before may be treated as substantive pay for the purpose of those orders.
(f) These principles should also be followed in case of appointments to statutory posts as those of Governors, Speakers, Ministers etc. A retired official appointed to any statutory post should draw the pay of the post less the amount of pension drawn by him.
(g) The pay of the retired military personnel re-employed in civil posts may also be fixed in accordance with the above principles. In their case substantive pay shall also include the following elements; provided that they were drawn before retirement/release/leave/leave pending re-retirement for a continuous period of three years or more:-
(i)  Command/Staff/Charge Pay.
(ii)  Instructional Pay.
(iii) Qualifications Pay.
(iv) Disturbance Pay
(h) The word 'Pension' wherever used in these orders means pension before communication and/or surrender.
[Finance Division O.M No F. 4(7)-Reg. 7/72, dated the 1-1-1973 read with O.M. No. F. 4(6)/Reg. -7/73, dated 22-8-1974]
9.65 Fixation of pay of retired Government servants including Military Officers re-employed under the Government and in autonomous bodies: The re-employment and re-employment pay of retired Government servants in civil posts under the Federal Government and the autonomous bodies should be regulated in accordance with the following principles:-
(I) POST ON WHICH RE-EMPLOYMENT IS MADE:
(i) Re-employment of retired civil servants should be made in posts equivalent to substantive posts or temporary posts if held for one year by the Government servant before retirement.
(ii) In the case of Officers of Armed Forces, re-employment should be made on contract in accordance with the instructions contained in the Establishment Division O. M. No. 14/5/78-D. III, dated 10-2-1980 in case of civil posts and in the light of orders issued in pursuance of the Establishment Division No. 14/5/78-D. III dated 11-2-1980 in the case of autonomous bodies. The equivalent civil post should be determined according to the equivalence formula approved by the President. (Para 9.81)
(II) PAY ON RE-EMPLOYMENT UNDER CLAUSE (I) ABOVE:
(i)(a) When a retired civil servant is re-employed under Federal Government after superannuation or after completion of 30 years pensionable service, his initial pay should be fixed at the minimum of the pay scale of the post in which he is re-employed.
     (b) When a retired civil servant is re-employed under the Government owned/controlled autonomous/semi-autonomous bodies and corporations after superannuation or after completion of 30 years pensionable service, the initial pay of such a Government servant should be fixed at the minimum of the scale of pay of the post in which he is re-employed.
     (c) A re-employed Government servant would earn increments under normal rules.
  (d) In addition to pay, as indicated in Clause (a) and (b) full pension will be admissible to the re-employed civil servant
(ii) When a retired military officer of the rank of Major/equivalent and above is re-employed under Federal Government or under an autonomous body in accordance with clause (I) (ii), his pay may be fixed at the minimum of the equivalent grade in which re-employment is made and in addition, full service pension as admissible under the rules will be paid. The pay scale of the post will for this purpose be determined with reference to the equivalence formula mentioned in Clause (I) (ii).
(iii) The pay of retired Government servants other than those covered by I & II should be fixed in accordance with the Ministry of Finance O.M. No. F. 47 Reg. 7, 72, dated 1-1-1973 referred to in Para 9. 79 as amended from time to time.
9.66 Existing re-employed retired civil servants may opt to be governed by the existing rules/orders or by the revised orders. Where such a government servant opts to be governed by the revised orders, his initial pay should be refixed at the minimum of the scale of the post held by him with effect from the 1st of the month in which option is given and pension may be allowed in addition as provided in part (II) (i) above.
9.67 Existing retired officers of the Armed Forces of the rank of Major/ equivalent and above who were re-employed in civil posts for a specified period may opt either to be governed by their existing terms and conditions or by the revised orders. Where such re-employed officers opt to be governed by the revised orders, they will be brought on the revised terms and conditions with effect from the 23rd December, 1979 on which date the President was pleased to approve the scheme published vide Establishment Division O. M. No. 14/5/78- D. II, dated 10-2-1980. From that date, their re-employment would be converted into re-employment on contract on the terms and conditions laid down in the O. M.of 10-2-1980 for the remaining term of their re-employment or for a period of 3 years, whichever is less. Their pay will be refixed at the minimum of the scale of the post held by them w. e. f. 23-12-1979, and if the pay so fixed plus pension is less than pay received by them immediately before 23-12-1979, the difference may be allowed as personal pay to be absorbed in future increase of pay.
9.68 The option will be submitted to the Audit Officer concerned under advice to the Ministries/Divisions, Departments or offices administratively concerned.
[Finance Division O.M No F. 4(4)-Reg. 7/78. dated 20-3-1980]
Note.-In the case of re-employment against a post in an autonomous/semi-autonomous body or Corporation included in Management Grades 3 vide Finance Division O M. No F 6(27)-lmp. 1/79 dated the 30th April. 1981 and appointment to which is, by law, required to be made, and the salary of which is required to be fixed, by the Federal Government, the re-employed officer. Civil or Military will be entitled to draw minimum of the rank/grade from which he has retired. In addition he will be entitled to pension and perquisites attached to the management posts concerned.
[Finance Division O. M. No. F. 4(4)-Reg. 7/78-1520, dated 30-11-1980].
         9.69 The following will be the "principle of equivalence" between the ranks held in the Defence Services with appointment in Basic Pay Scales.
Defence Service Rank 
Appointment in Basic Pay Scales
Major General and equivalent.
B-21 or 22 at the discretion of the Government
Brigadier and equivalent.
B-20
Colonel and Lt. Colonel (with 18. to 20 years commissioned service) and equivalent.
B-19
Major and equivalent.
B-18.
Captain and equivalent and Lt. and 2/Lt. and equivalent
B-17
[Establishment Division O. M No 16/4/79-AV. dated 8-8-1979].
9.70 A Government servant who has obtained a compensation gratuity, if re-employed in qualifying service may either retain his gratuity in which case his former service will not count for future pension, or refund it and count his former service. The intention to refund must be made immediately on re-employment but the refund may be made by monthly instalments of not less than one third of the Government servant's salary and also not less than the whole gratuity divided by the number of months which have elapsed since the end of the service for which the gratuity was given. The right to count the previous service does not revive till the whole amount is refunded. (Art. 511,512 C.S.Rs)
9.71 A Government servant who has obtained a compensation pension, if re-employed may retain his pension in addition to his pay subject to the condition that his initial pay on re-employment plus pension does not exceed his substantive pay at the time of discharge. Such a government servant is entitled to receive the benefits of increments in his new scale on promotion to another scale or post without a further corresponding reduction in pension. In case of a pensioner re-employed in either a permanent or temporary appointment for bona
fide temporary duty lasting for not more than a year, the Government, or where the pension does not exceed Rs. 200 a month, the officer who controls the establishment on which the pensioner is to be re-employed, may allow the pension to be drawn in whole or in part even though the sum total of pay and pension exceeds his substantive pay at the time of his discharge.
In the case of re-employment under a Local Fund, no deduction is made from a Compensation Pension.
The Government of Pakistan may permit a Government servant who has obtained a Compensation Pension and is afterwards re-employed in a permanent or temporary appointment duly sanctioned by competent authority to draw his pension in addition to the pay and allowances of the appointment irrespective of the period of such re-employment.
If the pension of a person does not exceed Rs. 200 a month, it will not be taken into account in fixing his pay and allowances and, in case of a formerClass-III employees or Government servants in B-l, 2 or 3 where the amount of pension exceeds, of Rs. 200 a month, only so much of such pension as is in excess of Rs. 200 a month will be taken into account in fixing his pay and allowances (Art. 514 C.S.Rs).
9.72 A Government servant who is in receipt of superannuation or retiring pension will not be re-employed or continue to be employed in service paid from General Revenues or from a Local Fund, except on public grounds. In case of re-employment of such a pensioner, the authority competent to fix the pay and allowances of the appointment should determine whether the pension should be held in abeyance wholly or partly. Where the powers of re-employment have not been delegated to the Head of Department the pensioner on re-employment may not be allowed to draw full pension in addition to the full pay of the post except when the re-employment or continued employment is for bona fide temporary duty lasting for not more than a year or the pension does not exceed Rs. 200 a month. In case the powers have been delegated to any other authority such authority may not allow the pensioner to draw, in full, a pension of more than Rs. 200 a month in addition to the full pay of the post.
The provisions of para (iii) above are also applicable in such cases.(Arts 520, 521 C.S. R. Ministry of Finance Notification No. 612-R6/69, dated the 7th July, 1970).
9.73 If the military pension of a person does not exceed Rs. 200 a month, it shall not be taken into account while fixing his pay and allowances on re-employment in the Civil Department and in the case of Junior Commissioned Officer and other ranks where the amount of pension exceeds Rs. 200 a month, only so much as in excess of Rs. 200 shall be deducted from his pay and allowances in the Civil Department.
[Finance Division Notification No. 6(2)-R6/69. dated 30-9-1969].
9.74 A Civil Servant who is re-employed after or continues to be reemployed beyond the age of 60 years is allowed to draw his pension in addition to the pay of the post.
[Finance Division O.M No F. 4(3) Reg. 7/76. dated 17-2-1976 and even number, dated 31-10-1977].
INSTRUCTIONS FOR THE GOVERNMENT SERVANTS:
9.75 To ensure that his pension case is finalised expeditious and he begins to draw his pension on the date on which it becomes due, every Government servant must keep in mind the following points: -
(i) To ensure that his Service Book is maintained in duplicate and every step of his official life is recorded therein.
(ii) To see that his service is verified annually and the fact is recorded in the Service Book.
(iii) To see that on completion of 10 and 24 years of qualifying service by him, verification thereof is done by the Audit Officer concerned, and an entry to this effect is made in the Service Book/ History of Services (in case of B-16 and above or in its absence intimation of accepted length of pensionable service is received by him through a letter).
(iv) To obtain, in case of his residing in Government accommodation, a 'No Demand Certificate' in respect of that accommodation annually, from the Estate Officer concerned.
(v) To see that in case of his having served under different Governments necessary allocation of pension has been made where required, by the Audit Officers concerned.
(vi) To see that for the period of his deputation in foreign service, leave salary and pension contributions have been recovered from the borrowing Government/Organization and adjustment carried out.
(vii) To ensure that necessary nominations in Form 'A' or 'B' as the case may be, have been made by him under Pension-cum-Gratuity Scheme, 1954, and are on record with the administrative officer concerned or with the Audit Officer in case of B-16 and above.
(viii) To check up that the preparation of his pension papers is started one year before the expected date of his retirement.
(ix) To settle with the administrative authorities and the Audit Officer concerned, all issues relating to Government dues outstanding against him within one year before his retirement.
(x) To submit his pension application alongwith three specimen signatures, three photographs and two sets of his thumb and finger impressions on the prescribed form, six months before the date of his retirement. (No photographs and thumb and finger impressions are required in case of B-16 and above.
(xi) B-16 and above Government servant should see that his 'History File' is maintained by his office and 'History of Services' is correctly published by the Audit Officer concerned.





ANNEXURE
(SEE PARA 9.34)
PART I

CLASSIFICATION OF DISABILITY

CLASS 'A':
1.     Loss of a hand and a foot or loss of use of two or more limbs.
2.     Total loss of eye-sight.
3.     Total loss of speech.
4.     Total deafness both ears.
5.     Paraplegia or hemiplegia.
6.     Lunacy.
7.     Very severe facial disfigurement.
8.     Advanced cases of incurable disease.
9.     Wounds, injuries or diseases resulting in a disability due to which a person becomes incapacitated.
10. Emasculation.
Note. Wounds, injuries or disease of limb resulting in damage of nerves, joints, or muscles making the whole of limb useless would mean loss of that limb. Cases in which a partial function is retained will not be included in this class.However if the partial retention of function does. not help in walking in case of leg or does not help in holding an object even with partial efficiency, it should be considered as total loss of function. Those cases will also be included in this class where the earning capacity of the civil servant has been totally impaired due to the invaliding disability.
CLASS 'B':
1.     Loss of thumb or at least three fingers of hand.
2.     Partial loss of one or both feet at or beyond tarsometatarsal joint.
3.     Loss of vision of one eye.
4.     Loss of all toes of one or both feet.
CLASS 'C:
1.     Limited restriction of movement of joint due to injuries.
2.     Disease of a limb restricting performance of duties.
GENERAL NOTE:
When the wound, injury or illness causing the disability is not included in the above schedule, the disability will be assessed by the Medical Board at the classification most closely corresponding to those given above.
PART II
PRINCIPLES AND PROCEDURE FOR DETERMINING
ATTRIBUTABILITY TO SERVICE OF DISABILITY
(A) CASUALTIES DUE TO WOUND OR INJURY:
(1) It should be established in such cases that the cause of the casualty was the result of duty in service.
(2) Where the injury resulted from the risk inherent in service attributability will be conceded.
(3) An individual is on duty for 24 hours of the day except when on leave other than casual leave.
(4) An individual will be deemed to be in the performance of duty when
(i) he is physically present in his headquarters;
(ii) he is travelling on leave at Government expense;
(iii) when travelling to or from duty (e. g., from residence to place of
duty and back but not whilst he is in his residence);
(iv) whilst travelling on duty i. e., where it is established that but for the
duty he would have not been travelling at all.
(5)    Disability resulting from purely personal acts as shaving or similar
private pursuits would not normally be treated as attributable to service.
(6)    Disability resulting from violence provoked by performance of duty
will be viewed as attributable to service unless the circumstances of the case
warrant a different conclusion.
(7)    If circumstances arc such that service played no part in the causation of disability, attributability will not be conceded.
Illustration If a person driving a motor cycle etc., on duty, collides with a truck the injury received may be attributed to service but if he is out for a walk and sustains injury from a passing truck, his case will not qualify for the concession.
(B) CASUALTIES DUE TO DISEASE:
(a) The cause of disability resulting from a disease will be regarded as attributable to service only when it is directly due to risks which may be regarded as peculiar to the circumstances of duty in service. In determining attributability in such cases due regard should be paid to the question whether service in a particular region, or of a particular type involved exposure to exceptional risk of contraction of, or infection by, a disease, as well as to the actual circumstances of the case.
(b) Attributability will not be conceded, if, though contracted during the period of actual performance of duty, the disease is, in the opinion of the medical authorities concerned, due to risks which cannot be regarded as peculiar to suchduty in service.
(c) Where a disease or its aggravation resulted from the risk of duty attributability/aggravation will be conceded.
(d) All cases of tuberculosis and bronchial asthma will be accepted as attributable to or aggravated by service where the medical opinion is in favour of the acceptance.
(e) Attributability/aggravation in all cases of Cardiac disease will be determined in accordance with the guidelines mentioned at the end of this part.
(f) Where medical or other supporting documents arc incomplete, cases will be dealt with on merits with due regard to medical opinion and other evidence.
GUIDELINES FOR DETERMINING ATTRIBUTABILITY/AGGRAVATION IN CASES OF CARDIAC DISEASES 1 There are many pre-disposing factors which may precipitate an attack of coronary occlusion. No single factor can be pin-pointed as being responsible for such an attack. It is, therefore, not easy to lay any hard and fast rule for awarding attributability/aggravation in such cases. For the guidance of medical and administrative authorities some of the factors which may precipitate the attack of heart disease are enumerated below:-
(a) Physical exertion.-Coronary occlusion is known to have precipated during or immediately following physical exertion. Physical exertion may not necessarily be of an unusual character, i. e., lifting of a heavy bundle, pushing a stalled vehicle or an up-hill climbing have in many instances been followed by an attack of Coronary occlusion. The effects of exertion are worse if the individual is unduly fatigued, has lack of sleep or is under emotional stress.Attributability will be conceded if a person under-going stress and strain, pressure and counter-pressure by virtue of the nature of his duties, develops psychiatric problem.
(b) Emotional strain. The occurrence of Coronary disease in person who had been under an un-usually severe and protracted emotional strain points to a probable relationship between the two. Separation from families, uncongenial atmosphere, frequent moves, all add to mental strain and psychological trauma.
2. The question of attributability/aggravation of heart diseases on occurrence in otherwise a normal individual who is subjected to the above mentioned factors will, therefore, have to be considered and decided in the light of known history and merits of each case.
3. While dealing with such cases due precaution will be exercised by all concerned to carefully bring out detailed merits of the case as award of attributability/aggravation depends on their candid opinion

2 comments:

  1. Really informative post.. It must be updated also.. thanks

    ReplyDelete
  2. whether government servant promote to one step above during period of leave encashment ?

    ReplyDelete