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.]