Revised Pension Rules, 1980

    

Table of Contents(toc)

(As corrected up to 07-10-2004)

PART - I

1. Short title and commencement:

1) These rules shall be called the Andhra Pradesh Revised Pension Rules, 1980.

2) They shall be deemed to have come into force with effect from the 29th October, 1979.

2. Application:

They shall apply to all Government servants who were governed on the 29th October, 1979 by

(a) the old pension Rules in the Hyderabad Civil Service Rules; or

(b) the Revised Pension Rules, 1951 of the Ex-Hyderabad State; or

(c) the pension rules in the Civil Service Regulations; or

(d) the Andhra Pradesh Liberalised Pension Rules, 1961 - The words “except the following namely” were deleted by G.O.Ms.No. 105, Fin. & Plg., (FW: Pen-I) Dept., dt, 19-3-83 w.e.f. 1.4.78.

(e) the All-India Services (Death-cum-Retirement benefits) Rules1958 insofar as the members of the State Higher judicial service are concerned - Inserted by G.O.Ms.No. 105 Fin & Plg. (FW: Pen-I) Dept. dt. 19-3-83 w.e.f. 1-4-78.

(f) all workers of Government Distillery, Narayanaguda, Hyderabad and Government Distillery, Kamareddy, Nizamabad District who have retired from service on or after 12th September, 1983 except the following, namely (Inserted by G.O.Ms. No. 101 Fin & Plg. (FW : Pen : I) Dept. dt. 6-4-88) –

(1) Government servants who are employed in Government Industrial Undertakings (i.e., Government servants to whom the Factories Act, 1948 is applicable)

(2) Government servants who belong to non-pensionable service

(3) Copyists of the Revenue Department

(4) Government servants who elect to continue under the existing Pension Rules in accordance with the provisions in Rule 3;

(5) [The words “Government servants who belong to the State Higher Judicial service” were omitted by G.O.Ms.No.105, Fin & Plg. (FW : Pen-I) Department, dt. 19-3-83 w.e.f 1-4-78.]

(6) Employees of the former estates abolished under the Andhra Pradesh (Andhra Area) Estates (Abolition and conversion into Ryotwari) Act, 1948 (Act XXVI of 1948) except those to whom the Andhra Pradesh Liberalised Pension Rules are applicable.

(7) Any of the Organisations/Societies/Companies/Boards/Bodies, admitted into Grant- in-aid, or where Government money is invested (Sub rule (7) was inserted by G.O.Ms.No. 171, Fin & Plg (FW: Pen-I) Dept, dt 3-10-97 w.e.f 3-10-97) -

(g)

(i) These rules shall not apply to all Government Servants appointed on or after 1-9-2004, to services and posts in connection with the affairs of the State which are borne on pensionable establishment, whether temporary, or permanent.

(ii) These rules shall not apply to all appointments, whether temporary or permanent, made on or after 01-09-2004 in all the State Public Sector Undertakings, whose pay and allowances are drawn from the Consolidated Fund of the State or not.

(iii) These rules shall not apply to all appointments, whether temporary or permanent, made on or after 01-09-2004 of all the tiers of the Rural and Urban Local Bodies such as the Gram Panchayats, Mandal Parishads, Zilla Parishads, Municipalities, Municipal Corporations, Urban Development Authorities, Cooperative and Urban Local Bodies, Zilla Grandhalaya Samsthas, Agriculture Marketing Committees, including all the Universities in the State, including all the Institutions functioning under the Universities, whose pay and allowances are drawn from the Consolidated Fund of the State or not.

(iv) These Rules shall not apply to appointments, whether temporary or permanent made on or after 01-09-2004 into all the Institutions receiving Grant-in-Aid from the Government.

(v) These rules shall not apply to appointments, whether temporary or permanent, made on or after 01-09-2004 to all Co-operative Institutions, Autonomous Corporations, whose pay, and allowances are drawn from the Consolidated Fund of the State or not.”

[These provisions were added by G.O.Ms.No.653, Fin (Pen-I) Dept, dt 22-09-2004. New pension scheme - Contributory pension scheme w.e.f. 01-09-2004.]

Executive Instructions

Eligibility of Family Pension in certain cases:

The widows / eligible members of the families of District and Sessions Judges governed by the All-India Services (Death-cum-Retirement Benefits) Rules, 1958 and retired / died before 1-4-1978, be allowed Family Pension under Andhra Pradesh Government servants Family Pension Rules 1964. (G.O. Ms. No.506, GA (SC-F) Dept., dated 11-9-1989).

3. Option: -

[Substituted by G.O.Ms.No. 16, Fin & Plg. (FW : Pen-I) Dept. dt. 10-1-85. w.e.f. 29-10-79; for the original rule as amended in G.O.Ms.No. 268, Fin & Plg (FW: Pen-I) Dept., dt 19-10-82 and G.O.Ms.No. 12, Fin & Plg. (FW : Pen-I) Department, dt 12-1-84.]

A Government servant who holds a post under the Government on the 29th October 1979, on regular basis and who is governed by the Civil Service Regulations, Hyderabad Civil Service Rules, Revised Pension Rules 1951, Andhra Pradesh Liberalised Pension Rules 1961 or the benefits of drawing pension under the Old Pension Rules under Civil Service Regulations / Hyderabad Civil Service Rules reduced by Pension equivalent of the retirement gratuity under the Andhra Pradesh Liberalised Pension Rules 1961, as the case may be, and the Andhra Pradesh Family Pension Rules 1964, and to whom these rules apply shall be entitled to exercise an option to continue under the Pension Rules by which he is governed on the 28th October, 1979, or to elect to come to the Andhra Pradesh Revised Pension Rules 1980;

(a) at any time six months prior to the date of retirement on superannuation; or

(b) in cases of invalidation from service or voluntary retirement or compulsory retirement, within fifteen days of the said event occurring; or

(c) in the case of those who have already retired subsequent to the 28th October, 1979, within three months from the date of issue of these rules, failing which he shall be deemed to have elected to be governed by these rules. The option shall be exercised in the appended form. (Vide Annexure - I to these rules.)

(d) [x x x] - Rule 3(d) was omitted by G.O.Ms.No. 284 Fin & Pig (FW - Pen.I) Department dt. 22-12-98. The earlier sub rule was as follows: -

“In the case of Government servants who died while in service / after retirement subsequent to 28th October 1979, the pensionary benefits which may be most beneficial to the heirs under the pension rules applicable to the Government servants on the date of death / retirement shall be applied and pensionary benefits sanctioned accordingly.”

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

1) A Government servant who is transferred permanently to a service or post to which these rules apply from a service or post to which these rules do not apply shall become subject to these rules : Provided that it shall be open to him, within six months of the date of issue of the order of his permanent transfer or, if he is on leave on that day, then, within six months of his return from leave, whichever is later, to elect to be governed by the pension rules to which he was subject immediately before the date of his transfer.

2) The option under the provision to sub-rule (1) shall be exercised in writing and communicated to the authority making such order of transfer.

3) The option, once exercised, shall be final.

5. Regulation of claims to pension or family pension: -

1)

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

b) The day on which a Government servant retires or is retired or is discharged or is allowed to resign or voluntarily retire from service, as the case may be, shall be treated as a non-working day but the date of death shall be treated as a working day.

c) Any type of pension sanctioned under these rules, except Family pension, shall be subject to rule 45. – This rule inserted by the G.O.Ms.No. 178, Fin & Plg (FW : Pen-I) Dept, dt 22-10-97 w.e.f. 29-10-79

6. [xxx]

Rule 6 was deleted w.e.f 25-5-98 through G.O.Ms.No.90 Fin & Plg (FW: Pen-I) Dept. dt 25-5-98. The earlier rule was as follows: -

Full pension subject to approved service :-

(1) Except for family pension admissible under Rule 50, full pension admissible under these rules shall not be sanctioned to a Government servant unless the service rendered by that Government servant has been satisfactory :

Provided that full pension and retirement gratuity admissible under these rules may be released by Audit Officer / Pension Issuing Authority presuming the service to be satisfactory, unless the said officer /Authority hears from the competent authority either to withhold the pension in full or to effect any cut in the pension before the employee actually retires.

(2) If the service rendered by the Government servant referred to in sub-rule (1) has not been satisfactory, the pension sanctioning authority may by order make such reduction in the amount of pension or gratuity, or both, as that authority may think proper:

Provided that no order regarding reduction in the amount of pension or gratuity or both shall be made unless the Government servant has been given a reasonable opportunity for making a representation in the matter:

Provided further that in case where the pension sanctioning authority is subordinate to the appointing authority, no order regarding reduction in the amount of pension or gratuity or both shall be made unless the approval of the appointing authority has been obtained;

Provided also that the amount of pension shall not be reduced below the limit specified in sub-rule (5) of Rule 45.

(3) For the purpose of sub-rule (2), the expression “appointing authority” shall mean the authority which is competent to make appointments to the service or post from which the Government servant retires.

Note :-

Until Government specifically delegate the powers of reduction in pension to the appointing authorities, this power shall rest in Government for the time being.

(4)

(a) The reduction referred to in sub-rule (2) shall be of a permanent character, and

(b) the measure of reduction in the amount of pension shall be to the extent by which the Government servant’s service as a whole failed to reach a satisfactory standard and no attempt shall be made to equate the amount of reduction with the amount of loss caused to the Government.

(5) The pension sanctioned under these rules shall not be reduced although proof of the service having been not satisfactory may come to the notice of the pension sanctioning authority subsequent to the sanction of pension.

(6) Whenever in the case of a Government servant the State Government passes an order (whether original or appellate) awarding a pension including gratuity less than the maximum admissible under these rules, the Andhra Pradesh Public Service Commission shall be consulted before the order is passed.

(7) Nothing in this rule shall apply: -

(a) where pension or a part of pension has been withheld or ordered to be recovered under Rule 9; or

(b) where a part of pension has been reduced under Rule 39; or

(c) to effect any recovery which has the result of punishment.

7. Limitation on number of pensions:

(1) A Government servant shall not earn two pensions in the same service or post at the same time or by the same continuous service.

(2) Except as provided in Rule 19, a Government servant who having retired on a superannuation pension or retiring pension, is subsequently re-employed shall not be entitled to a separate pension or gratuity for the period of his re-employment.

8. Pension subject to future good conduct:

(1)

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

(b) The pension sanctioning authority may, by order in writing, withhold or withdraw a pension or part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct:

Provided that no such order shall be passed by an authority subordinate to the authority competent to make an appointment to the post held by the pensioner immediately before his retirement from service:

Provided further that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the limit specified in sub-rule (5) of Rule 45.

(2) Where a pensioner is convicted of a serious crime by a Court of law, action under sub-rule (1) shall be taken in the light of the judgment of the Court relating to such conviction.

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

(a) serve upon the pensioner a notice specifying the action proposed to be taken against him and the ground on which it is proposed to be taken and calling upon him to submit, within fifteen days of the receipt of the notice or such further time not exceeding fifteen days as may be allowed by the pension sanctioning authority, such representation as he may wish to make against the proposal, and

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

(4) Where the authority competent to pass an order under subrule (1) is the Government, Andhra Pradesh Public Service Commission shall be consulted before the order is passed.

(5) An appeal against an order under sub-rule (1), passed by any authority other than the Government shall lie to the Government and the Government shall, in consultation with the Andhra Pradesh Public Service Commission, pass such orders on the appeal as it deems fit.

Explanation: -

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

(b) The expression ‘grave misconduct’ includes the communication or disclosure of any secret official code or password or any sketch, plan, model, articles, note, document or information, such as is mentioned in Section 5 of the Official Secrets Act, 1923 (Central Act 19 of 1923) which was obtained while holding office under the Government so as to prejudicially effect the interests of the general public or the security of the State.

Executive Instructions

Cases of convicted pensioners prompt intimation: -

The prosecuting officers and Treasury officers shall intimate promptly about the cases, where pensioners are convicted to the concerned administrative authorities/pension sanctioning authorities of the State Government and Government of India in case of Central Pensioners to take necessary further action. (G.O.Ms.No.84, Fin & Plg (FW: Pen-I) Dept. dt 12-7-1999)

9. Right of Government to withhold or withdraw pension: -

(1) The Government reserves to themselves the right of withholding a pension or gratuity, or both, either in full or in part, or withdrawing a pension in full or in part, whether permanently or for a specific period and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused, to the Government and to the local authority if, in any departmental or judicial proceedings the pensioner is found guilty of grave misconduct or negligence during the period of his service, including service rendered upon re-employment after retirement [Sub rule (1) was substituted by G.O.Ms.No. 302, Fin & Plg (FW : Pen-I) Dept, dt. 30-8-1994.]

Provided that the Andhra Pradesh Public Service Commission shall be consulted before any final orders are passed. [“However, consultation with Andhra Pradesh Public Service Commission is not necessary, when the pensioner is found guilty in any judicial proceedings” - added through G.O.Ms.No. 442, Fin (FW: Pen-I) Department dt. 25-9-2003.]

Provided further that a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the limit specified in sub-rule (5) of Rule 45]

“Provided also that the penalty of withholding of entire pension or gratuity or both may be imposed against the retired Government servant upon being found guilty or upon conviction in a court of law for the offences of grave charges namely proved cases of misappropriation, bribery, bigamy, corruption, moral turpitude, forgery, outraging the modesty of women and misconduct.” - The provision was added by G.O.Ms.No.664, Finance (Pen-I) Dept., dt. 7-10-2004

(2)

(a) The departmental proceedings referred to in sub-rule (1), if instituted while the Government servant was in service whether before his retirement or during his re-employment, shall, after the final retirement of the Government servant, be deemed to be proceedings under this rule and shall be continued and concluded by the authority by which they were commenced in the same manner as if the Government servant had continued in service.

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

Note:-

The function of the disciplinary authority is only to reach a finding on the charges and to submit a report recording its findings to the Government. It is then for the Government to consider the findings and take a final decision under this rule. In case Government decide to take action under this rule in the light of the findings of the disciplinary authority, the Government will serve the person concerned with a show-cause notice specifying the action proposed to be taken under this rule and the person concerned will be required to submit his reply to the show-cause notice within such time as may be specified by the Government. The Government will consider the reply and consult the Andhra Pradesh Public Service Commission. If as a result of such consideration in consultation with the Commission, it is decided to pass an order under the rule, necessary orders will be issued in the name of the Government.

(b) The Departmental proceedings, if not instituted while the Government servant was in service, whether before his retirement or during his re-employment:

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

(ii) shall not be in respect of any event which took place more than four years before such institution; and

(iii) shall be conducted by such authority and in such place as the State Government may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the Government servant during his service.

(3) [x x x] - omitted by G.O.Ms.No.302, Fin & Plg (FW: Pen-I) Department., dt.30-8-1994.

(4) In the case of a Government servant who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are continued under subrule (2), a provisional pension as provided in Rule 52 shall be sanctioned.

(5) Where the State Government decides not to withhold or withdraw pension but orders recovery of pecuniary loss from pension, the recovery shall not ordinarily be made at a rate exceeding one-third of the pension admissible on the date of retirement of a Government servant.

(6) For the purpose of this rule-

(a) departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant or pensioner of if the Government servant has been placed under suspension from an earlier date; on such date; and

(b) Judicial proceedings shall be deemed to be instituted-

(i) in the case of criminal proceedings, on the date on which the complaint or report of a police officer, of which the Magistrate takes cognisance, is made; and

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

7. Even though a Government servant has retired from service and was not before his retirement charge sheeted or called upon to explain why a pecuniary loss caused to the Government (or a local authority) due to his negligence, while he was in service, should not be recovered from him, the Government if they are satisfied that the loss is due to him, shall recoup the pecuniary loss besides all Government dues (or local authority dues) from the Retirement Gratuity. For this purpose, it shall not be necessary to get the consent of the Government servant or the consent of the members of his family in the case of a deceased Government servant, as the case may be.

In such cases, it shall be indicated in the sanction clearly the amount of Retirement Gratuity admissible, a stated amount which shall be deducted from the Retirement Gratuity on account of Government dues or local authority dues, or loss sustained by the Government servant due to negligence and the net amount of Retirement Gratuity payable to the retired Government servant. - This sub-rule was substituted by G.O.Ms.No. 995, Fin. (Pension-I) Department., dt. 21-12-2002. The earlier sub-rule (7) added by G.O.Ms.No.85, F&P (FW.Pen.I) Dept., dt 12-7-99 was as follows :-

(a) When a government servant dies before conclusion of the disciplinary proceedings, generally death abates all further proceedings. As such, when Government servant dies before conclusion of the disciplinary proceedings, the proceedings under rule 9 of the Andhra Pradesh Revised Pension Rules 1980 also abates. If any loss caused or misappropriated the Government amount by the deceased Government servant is established, in such cases, the disciplinary proceedings will not automatically abate, and it is open to the Government to bring the legal representatives on record and conclude disciplinary proceedings for the purpose of recovery of the same.

b) When disciplinary proceedings are concluded as per the procedure and Government servant / pensioner dies before receiving punishment order and any loss caused or misappropriated the Government amount due to his negligence or misconduct while he was in service, is established, the same can be recovered from terminal benefits admissible to the legal heirs. The recovery in such cases shall be from the terminal benefits i.e., Retirement Gratuity, Commuted Value of Pension, Encashment of leave.

c) In cases of punishment of stoppage of increment without cumulative effect, which could not be implemented due to lack of service, or otherwise, the amount equal to the increments stopped, shall be recovered from the Retirement Gratuity of the employee.

Provided that the Consultation with the Andhra Pradesh Public Service Commission shall not be necessary for taking action under this sub-rule.

Executive Instructions

(i) Procedure to be followed to withhold or withdraw Pension:

According to Rule 9 of Revised Pension Rules, 1980, the State Government reserves to themselves the right of withholding or withdrawing a pension or part thereof, whether permanently or for a specified period, and of ordering recovery from a pension of the whole or part of any pecuniary loss caused, to the Government and to the local authority if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of his service, including service rendered upon re-employment after retirement.

2. If departmental proceedings had been initiated against a Government servant under the Andhra Pradesh Civil Service (Control, Classification and Appeal) Rules while he was in service, including re-employment, the proceedings will be deemed to be proceedings under Rule 9 of Revised Pension Rules, 1980 and will be continued and concluded by the authority by which they were commenced in the same manner as if the Government servant had continued in service. In case, where departmental proceedings had been initiated by an authority subordinate to Government, that authority will submit a report recording its findings to the Government, as the power to pass orders in such cases vests only with the Government under Rule 9 of Revised Pension Rules, 1980.

3. If departmental proceedings had not been instituted while a government servant was in service including the period of his reemployment, if any, proceedings can be instituted under Rule 9(2)(b) of Revised Pension Rules, 1980 subject to the following:

(a) shall be with the sanction of Government.

(b) for a misconduct or misbehaviour in respect of any event which took place not earlier than four years before the institution of such proceedings; and

(c) proceedings shall be conducted by such authority and at such place as the Government may direct and in accordance with the procedure applicable to the departmental proceedings in which an order of dismissal from service could be made in relation to the Government servant during his service.

4. To ensure that uniform procedure is followed and also to avoid procedural irregularities which may vitiate the proceedings initiated, it is considered that standardised form which are annexed to this Memo are adopted for dealing with such cases. [Govt. Memo.No. 17757-A/216/A2/Pen.I/94, dt 24-5-94 of F&P (FW.PenI) Department]

(1) Order conveying sanction of the Government for taking departmental action against a pensioner under Rule 9 of Revised Pension Rules 1980.

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Public services - Departmental Proceedings against Sri/Smt./Kum ............................ formerly ..................... Department - Sanction under Rule 9 of Revised Pension Rules, 1980 - Issued.

(DEPARTMENT)

G.O.Ms.No................ Date ..............

Order:

Read the following :-

Whereas it has been made to appear that Shri/Smt/Kum....... while serving as .........in the Department .......from ........to......was (here specify briefly the imputations of misconduct or misbehaviour in respect of which it is proposed to institute departmental proceedings).

Now, therefore, sanction is accorded under sub-clause (i) of clause (b) of sub-rule (2) of Rule 9 of the Revised Pension Rules, 1980 to initiate departmental proceedings against the said Shri/Smt./Kum..........

It is further directed that the said departmental proceedings shall be conducted in accordance with the procedure laid down in Rule 20 of the APCS (CCA) Rules, 1991 by .......(here specify the authority by whom the departmental proceedings should be conducted) at ........(here specify the place or places at which the departmental proceedings including oral inquiry, might be conducted).

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

(2) Memorandum of charges to be communicated to the pensioner concerned in departmental action under Rule 9 of Revised Pension Rules, 1980.

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Public services - Sri ............................... Department - Departmental Proceedings under Rule 9 of Revised Pension Rules, 1980 - Articles of Charges - Issued

(DEPARTMENT)

G.O.Rt.No. Date :

Read the following:-

Order :

In pursuance of the sanction accorded by the Government under subclause (i) of clause (b) of sub-rule (2) of Rule 9 of the RP Rules, 1980 for instituting departmental proceedings against Sri ..........vide G.O. Ms. No........(department) dated ........it is proposed to hold an inquiry against the said Sri ...........in accordance with the procedure laid down in Rule 20 of the APCS (CCA) Rules, 1991. The enquiry shall be conducted by ..........hereby specify the authority by whom the departmental proceedings are to be conducted in accordance with the sanction, at ...........(here specify the name of the place where the proceedings are to be conducted).

2. The substance of the imputations of misconduct or misbehaviour in respect of which the inquiry is proposed to be held is set out in the enclosed statement of articles of charge (Annexure-I). A statement of the imputations of misconduct or misbehaviour in support of each article of charge is enclosed (Annexure-II). A list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained are also enclosed (Annexure-III and IV).

3. Sri .......is directed to submit within 10 days of the receipt of this Memorandum a written statement of his defence and also to state whether he desires to be heard in person.

4. He is informed that an inquiry will be held only in respect of those articles of charges as are not admitted. He should, therefore, specifically admit or deny each article of charge.

5. Sri....is further informed that if he does not submit his written statement of defence on or before the date specified in para 3 above, or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of Rules 20 of the APCS (CCA) Rules, 1991, or the orders/directions issued in pursuance of the said rules, the inquiring authority may hold the inquiry against him exparte.

6. The receipt of this GO may be acknowledged.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

To

Sri...

Annexure-I

Statement of articles of charge framed against......(name of the retired Government servant), formerly........

Article I

That the said Sri.......while functioning as .......during the period..........

Article II

That during the aforesaid period and while functioning in the aforesaid office, the said Sri.............

Article III

That during the aforesaid period and while functioning in the aforesaid office, the said Sri............

Annexure-II

Statement of imputations of misconduct or misbehaviour in support of the articles of charge framed against Sri ........(name of the retired Government servant) formerly...........

Article I

Article II

Article III

Annexure-III

List of documents by which the articles of charge framed against Sri .............(name of the retired Government servant), formerly .........are proposed to be sustained. Annexure-IV List of witnesses by whom the articles of charge framed against Sri .........(name of the retired Government servant) formerly .........are proposed to be sustained.

ii) Institution “Departmental Proceedings” - After retirement: -

“Departmental Proceedings” shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant in accordance with rule 20(3) of A.P. Civil Services (CCA) Rules 1991.

In cases where only a preliminary inquiry into the allegations or where it is contemplated to initiate departmental proceedings, it cannot be presumed that the departmental proceedings have been instituted under Rule 9(2) of A.P. Revised Pension Rules 1980.

In cases where charges have not been framed and issued before the retirement of the employee concerned, further action has to be taken in accordance with rule 9(2) of the A.P. Revised Pension Rules 1980 read with G.M.No. 17757 / A2 / 216 / Pen. I / 94 Dated 24.5.94 of finance Dept., - vide executive instruction No. (1) above. If action has to be taken after forwarding the pension papers to Accountant General, the instructions issued in G.M.No.33764-A/55/PSC/93 dated 15-10-93 of finance Dept., vide instruction No. (iv) of the Executive instructions contained under Rule 52 have to be followed.

In cases where disciplinary or judicial proceedings are pending, provisional pension has to be sanctioned under rule 52 (1) (a) of A.P. Revised Pension Rules, 1980 keeping in view the instructions contained in circular memo No.979-B/5/A2/Pen.I/94 dated 2-2-94 of Finance Department i.e., Minimum of 75% of Pension admissible-vide instruction No. (iii) of the executive instructions under Rule 52. [Cir. memo.No.37254/361/A2/Pen.I/98, dt. 4-7-98 of Fin & Plg (FW : Pen.I) Department]

iii) Effect of deletion of Rule 6 on Rule 9:-

It is clarified that Rule 6 and Rule 9 of the APRPRs, 1980 are two distinctive provisions and deletion of Rule 6 has no effect on Rule 9. As such the cases of the pensioners against whom any disciplinary or judicial proceeding are pending have to be dealt with under Rule 9 of the APRPRs, 1980 [Cir.Memo.No.1305-A/499/A2/Pen.I/98, dt.12-11.98 of the Fin & Plg (FW: Pen.I) Department.]

iv) Review of punishment:

As there is a need for evolving a uniform procedure to review the punishment imposed under Rule 9 of the APRPRs, 1980. A retired employee can prefer an appeal against an order reducing or with holding maximum. Pension including an additional pension admissible to him under the rules. [G.O.Ms.No.53, Fin & Plg (Pen.I) dt. 12-4-99 of Fin & Plg (Pen.I) Department.]

v)

(a) Where Court directed to dispose of the disciplinary case within a specified time period:

The disciplinary cases against the retired Government servant shall be concluded as quickly as possible. If court directs to the conclude the same within a specified period, it should be concluded with in the said period only. If not, time may be obtained from the court to conclude same in such case, final orders issued after the period is specified by the courts and the court dismisses such final order due to non-conclusion of the same within time specified by them, action against the concerned persons shall be taken for not taking prompt action within the time and the loss caused if any, there to the Government in such cases shall be recovered from the concerned.

b) Where charges are dropped and interest on pensionary benefits is claimed:

If the department decides to drop the charges, they shall take a decision as quickly as possible and they should draft the order carefully, the following lines are prescribed for guidance, duly indicating that the individual shall be eligible for interest subject to the conditions specified under sub-rule [1A] of RULE 46 of the A.P.R.P.R.S, 1980 from the date of final orders only.

In the circumstances stated above the Government have taken lenient view and further action is here by dropped. The individual is eligible for terminal benefits due to him from the date of issue of orders. [G.O.Rt.No. 1034, Fin & Plg (FW : Pen-I) Dept. dt., 9-6-2000]

vi) Recovery of Government dues from dearness relief on pension:

Any Government dues, due from the pensioner can be recoverable from the Dearness Relief on pension after issuing a show cause notice to the concerned person and after considering the explanation, if any submitted by the pensioner within the stipulated time. [G.O.Ms.No. 227, Fin (Pen-I) Dept. dt., 29-5-2001]

vii) Payment of Pensionary benefits to the Government servants retired from service pending disciplinary action - Action against the retired person for their lapses – Consolidated - Orders:

1. A retired Government employee is entitled for the, following terminal benefits to be got sanctioned.

        1) Family Benefit Fund

        2) Andhra Pradesh Group Insurance Amount

        3) General Provident Fund Amount

        4) Andhra Pradesh Government Life Insurance amount.

        5) Encashment of Earned Leave

        6) Retirement Gratuity

        7) Pension/Provisional pension

        8) Commuted Value of Pension

2. In case of Government Employee against whom the departmental proceedings or criminal proceedings are pending at the time of retirement, all the above terminal benefits need not be released. Proceedings pending means, there must be proceedings already initiated and pending within the meaning of rule 9 of the A.P.R.P.Rs, 1980.

A Government servant who attains the age of superannuation while under suspension should be allowed to retire on the due date of superannuation. But pensionary benefits cannot be settled until the conclusion of the enquiry or disposal of charges. In such cases, the payment of terminal benefits shall be regulated as follows: -

a) The following amounts shall be paid to the retired employee since no recoveries can be made from these amounts,

        1) Family Benefit Fund

        2) Andhra Pradesh Group Insurance Scheme

        3) General Provident Fund

        4) Andhra Pradesh Government Life Insurance

b) Encashment of Earned Leave:

As per the orders issued in G.O.Ms.No. 11, Fin & Plg (FW : F.R-I) Dept., dt. 15-01-1997 the authority competent to grant leave, in the above-mentioned cases may withhold whole or part of cash equivalent of earned leave, if in the view of the competent authority there is a possibility of the some money becoming recoverable from him on conclusion of the proceedings against him. On conclusion, the retired employee will become eligible to the amount so withheld after adjustment of the Government dues, if any. As such, Encashment of Earned Leave can be regulated accordingly.

c) Retirement Gratuity :

According to clause [c] of sub-rule (1) of rule 52 of the A.P.R.P.Rs, 1980, no gratuity shall be paid until the conclusion of the departmental or judicial proceedings and issue of final orders.

According to the proviso to the above said rule, where departmental proceedings have been instituted under rule 9 of the Andhra Pradesh Civil Services [Classification, Control and Appeal] Rules, 1991, for imposing any of the penalties specified in clauses (i), (ii) and (iv) of rule 9 of the said rules, except the cases falling under sub-rule (2) of rule 22 of the said rules, the payment of gratuity shall be authorised to be paid to the Government servant. It is also further provided in the said rule that where a conclusion has been reached that a portion of pension only should be withheld or withdrawn and the retirement gratuity remains unaffected in the contemplated final orders, the retirement gratuity can be released upto 80% of the eligible retirement gratuity.

d) Provisional Pension:

1. As per sub-rule (4) of rule 9 of the Andhra Pradesh Revised Pension Rules, 1980, the retired employees mentioned in the above cases shall be sanctioned provisional pension as provided in rule 52 of the said rules. According to rule 52 of the said rules, the Audit Officer/head of office shall pay the provisional pension not exceeding the eligible pension. The provisional pension shall be paid from the date of retirement to the date on which final orders are passed by the competent authority on conclusion of the departmental or judicial proceedings pending against the retired employee. The provisional pension shall not be less than 75% of the normal pension entitlement.

2. Pension sanctioning authorities are competent to sanction provisional pension to the Non-Gazetted Officers. It shall be sanctioned by the Government in the case of Gazetted Officers.

3. In the above-mentioned cases the department shall send pension papers to the Accountant General and it should be mentioned in the forwarding letter that departmental/judicial proceedings are pending and with a request to indicate only the quantum of pension that would be admissible which should not be released till further orders as only provisional pension has to be released. The Accountant General may then verify the pensionary benefits admissible and indicate the quantum of pension, where upon, the Head of the department may intimate the quantum of provisional pension for payment in case of Gazetted Officers, so that Government will sanction the same. The Accountant General, AP, Hyderabad will straight way authorise the minimum provisional pension i.e.75% of the quantum of pension verified by his office, pending sanction by the pension sanctioning authority and that if the appropriate authority sanctions more than 75% of the eligible pension as provisional pension, the Accountant General will issue an amendment accordingly.

e) Commuted value of Pension :

No Commutation of pension shall be allowed in the above-mentioned cases since sub-rule 3 of Rule 3 of the AP Commutation Rules, do not permit a Government servant against whom judicial or departmental proceedings has been instituted or pending, to commute any part of his pension during the pendency of such proceedings. Further, in the case of those to whom only provisional pension is granted, if after conclusion, entire pension is withheld, the question of commutation does not arise. In the case of others to whom pension was allowed either in full or in part, the period of one year for commutation without medical examination has to be reckoned from the date of issue of orders on conclusion of the proceedings.

4. Action against the retired officer who commits irregularities can be taken on three counts:

1) Criminal Prosecution

2) Disciplinary action and

3) Recovery of the amount.

In case of the death of the retired officer, action on first two counts will abate but as per the orders issued in the G.O.Ms.No.85 Fin & Plg [FW : Pen- I] Dept. dt, 12-7-1999, the loss or mis-appropriated amounts can be recovered from the terminal benefits of the retired officer.

5. If any irregularity of a retired employee is noticed after his retirement and no departmental proceedings can be instituted under sub-rule 2 [b] of Rule 9 of A.P.R.P.Rs. 1980, the department can initiate criminal action against the retired officer or action under the Andhra Pradesh Revenue Recovery Act, 1864 to recover the loss if any caused to the Government by him. [G.O.Rt.No. 1097, Fin (FW: Pen-I) Dept., dt. 22-6-2000]

viii) Continuance of disciplinary proceedings after retirement even no pecuniary loss caused to the government: The disciplinary proceedings pertaining to a serious or grave act of misconduct or negligence committed by a government servant can be continued or instituted in terms of rule 9 of A.P.R.P.Rs. 1980, or other corresponding rules, even if no pecuniary loss was caused to the Government. [Circular Memo.No. 3026/18/A2/ Pension .I / 1999 Fin & Plg (FW: Pen -I) Dept., dt. 1-6-1999]

10. Commercial employment after retirement: -

(1) If a pensioner who, immediately before his retirement was a Gazetted Government servant, wishes to accept any commercial employment before the expiry of two years from the date of his retirement, he shall obtain the previous sanction of the Government to such acceptance 1(by submitting an (*) application in the prescribed proforma appended to part II of these rules) and no pension shall be payable to a pensioner who accepts a commercial employment without such sanction in respect of any period for which he is so employed or such longer period as the Government may direct:

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

(2) For the purpose of this rule-

(a) the expression commercial employment means :-

(i) an employment in any capacity including that of an agent under a company, co-operative society, firm or individual engaged in trading, commercial, industrial, financial or professional business and includes also a directorship or such company and partnership of such firm and includes employment under a body corporate, wholly or substantially owned or controlled by the Government,

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

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

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

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

1. These words were inserted by G.O.Ms.No.372, Finance and Planning (FW.Pen.I) Department, dt 2.12.85. (*) Vide Annexure II to these rules.

23 Explanation:-

(a) For the purpose of sub-rule (1) of this rule, “the date of retirement” in relation to a Government servant re-employed after retirement, without any break, either in the same or in another Gazetted post under the State Government or in any other equivalent post under the Central Government, shall mean the date on which such Government servant finally ceases to be so re-employed in Government service,

(b) For the purpose of this rule, employment under a Co-operative Society includes the holding of any office whether elective or otherwise, such as President, Chairman, Manager, Secretary, Treasurer and the like, by whatever name called in such a society.

11. Restriction on practice in Commercial Tax and other cases after retirement:-

(1) No Deputy Commissioner of Commercial Taxes, Commercial Tax Officer Deputy Commercial Tax Officer or Assistant Commercial Tax Officer shall, during a period of five years from the date of his retirement from service, act as a Sales Tax Adviser or Consultant or accept any engagement to appear on behalf of any dealer in any sales tax proceedings anywhere in the State, without the previous sanction of the Government in the case of the Deputy Commissioner of Commercial Taxes or the Commercial Tax Officer and of the Commissioner of Commercial Taxes in the case of the Deputy Commercial Tax Officer or the Assistant Commercial Tax Officer.

(2) No retired officer of the Commercial Taxes Department shall accept any engagement to appear on behalf of any dealer in any sales tax proceedings anywhere in the State if;-

(i) the officer or authority before whom the retired officer is to appear was his official subordinate while in service; or

(ii) the sales tax proceedings relates to an order passed by him or to a case with which he was in any way connected in his official capacity.

(3) No pension shall be payable for such period as the Government may, by order, direct to any retired officer of the Commercial Taxes Department if he contravenes the provisions contained in clauses (i) and (ii) of sub-rule (2). 

Note :-

(a) A condition should be incorporated in the terms of contracts executed on account of public works to the effect that it is liable for cancellation if either the contractor himself or any of his employee is found to be a Gazetted Officer who retired from service and had not obtained permission from the Government for accepting the contract or employment within a period of two years from the date of his retirement;

(b) At the time of sanctioning pension of Engineers and other Gazetted Officers of the Public Works Department including Electricity Department, they should be required to sign an undertaking that they would not seek such employment (and set up or engage in a business or a Commercial undertaking as a principal) within a period of two years from the date of their retirement, without the prior permission of Government, and that in case of non-pensionable officers they should be required to sign a similar undertaking at the time they are paid the gratuity or other retiring benefits by Government.

12. Employment under a Government outside India after retirement :-

(1)(a) If a pensioner, to whom these rules are applicable wishes to accept any employment under any Government outside India, he should obtain the previous sanction of the Government of India for such acceptance. No pension shall be payable to a pensioner who accepts such employment without proper permission, in respect of any period for which he is so employed or such longer period as the Government of India may direct; Provided that a Government servant permitted by the appropriate authority to take up a particular form of employment under a Government outside India during his leave preparatory to retirement shall not be required to obtain subsequent permission for his continuance in such employment after retirement.

(b) for the purposes of this rule, “employment under any Government outside India” shall include employment under a local authority or corporation or any other institution or organisation which functions under the supervision or control of a Government outside India, or an employment under an International Organisation of which the Government of India is not a member.

(2)(a) If a pensioner, to whom these rules are applicable wishes to accept any employment whether commercial or private, before the expiry of two years from the date of his retirement or any employment under any Government outside India at any time, he should obtain the previous sanction of the State Government for such acceptance. No pension shall be payable to a pensioner who accepts any such employment without such sanction, in respect of any period for which he is so employed or such longer period as the State Government may direct.

(b) This sub-rule shall apply to all pensioners who immediately before retirement were Gazetted Officers under the rule making control of the State Government or were on leave preparatory to retirement and would have held gazetted posts but for proceeding on such leave.

(c) For the purposes of this sub-rule, “employment under any Government outside India” shall include employment under a local authority or corporation or any other institution or organization which functions under the supervision or control of a Government outside India.

Note:-

No officer on leave preparatory to retirement should be permitted except for very special reasons to accept any employment until such leave expires and he enters on pension.

13. Commencement of qualifying service:-

Subject to the provisions of these rules, qualifying service of a Government servant shall commence from the date he takes charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity; Provided that –

(a) in the case of a Government servant in a Class-IV service or post who held a lien or a suspended lien on a permanent pensionable post prior to the 17th November, 1960, service rendered before attaining the age of sixteen years shall not count for any purpose, and

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

14. Conditions subject to which service qualifies:-

(1) The service of a Government servant shall not qualify unless his duties and pay are regulated by the Government or under conditions determined by the Government.

(2) For the purposes of sub-rule (1), the expression service means service under the Government and paid by the Government from the consolidated fund of the State but does not include service in a nonpensionable establishment unless such service is treated as qualifying service by the Government.

1[Note :-

2[(1)] The service of a Government servant in an establishment paid from the house hold allowance of the Governor including the service rendered prior to 2nd June, 1960, shall qualify for pension provided the retirement of such Government servant is on or after 2nd June, 1960.]

3[Note :-

(2) The service rendered by an employee for unaided periods in a teaching or non-teaching post in Aided Educational Institutions shall not qualify for pension.] 

Executive Instructions 

(i) Counting of full-time contingent service:

(a) All full-time contingent posts which were in existence for a period of 10 years or more and are required to be retained on a permanent basis, should be converted into regular Government posts in the last grade service w.e.f. 1-2-1980. (G.O. Ms. No.38, Fin. & Plg. (FW:PRC-IV) Dept., dated 1-2-1980)

(b) All full time contingent posts which were in existence for a period of 5 years or more as on 1-4-1981, and which are required to be continued on permanent basis, have to be converted into regular Government posts in the last grade service w.e.f. 1-4-1981. (G.O. Ms. No.9, Fin. & Plg. (FW:PRC.VI) Dept., dated 8-1-1981) 

1. Note added by G.O.Ms.No. 218. Fin & Plg (FW : Pen-I) Dept., dt. 20-6-84 w.e.f 29-10-79.

2. This note was numbered as (1) as per G.O.Ms.No. 242 Fin & Plg (FW.Pen.I) Dept. dt 3-11-98.

3. The note added by G.O.Ms.No.242, Fin & Plg (FW : Pen-I) Department, dt 3-11-1998.

(c)

(i) No separate orders need be issued by the Government in General Administration Department relaxing any rule of A.P. Last Grade Service Rules and that the Heads of the Departments may themselves issue orders by virtue of the powers vested in them under Rule 27 of A.P. Last Grade Service Rules relaxing relevant rules relating to age etc., wherever necessary for absorption of contingent staff in the posts converted into Class IV posts as per G.O. Ms. No.38, Fin. & Plg. (FW:PRC-IV) Dept., dated 1-2-1980 and G.O. Ms. No.9, Fin. & Plg. (FW-PRC.VI) Dept., dated 8-1-1981. (ii) It is also not necessary to intimate, the vacancies caused consequent on such conversion of contingent posts, to the Employment Exchange. (GMNo.422/SM/80-9, dated 8-5-1991 of Genl. Admn. Dept.) (d) The pre-absorption service of all full-time contingent employees converted as last grade servants in accordance with G.O. Ms. No.38, Fin.& Plg. (FW:PRC.IV) Dept., dated 1-2-1980 and G.O. Ms. No.9, Fin. & Plg. (FW: PRC.VI) Dept., dated 8-1-1981 will also count as qualifying service for pensionary benefits in relaxation of Article 361 of Civil Service Regulations - w.e.f. 1-4-1981. (G.O. Ms. No.156, Fin.& Plg. (FW:Pen.I) Dept., dated 29-4-1983)

(ii) Counting of service of Work charged employees :-

(a) All work charged employees who have completed 10 years of total service will be regarded as Government servants w.e.f. 29-3-1979 or from the date as and when they complete ten years of total service, excluding breaks, provided the breaks in any spell does not exceed six months. All the work charged employees have to exercise option either to become Government servants or to continue as work charged employees. (G.O. Ms. No.130, I & P (Ser.V) Dept., dated 18-3-1981)

(b) The work charged employees who have completed 10 years of service and opted to become Government servants are eligible for pensionary benefits under A.P. Revised Pension Rules, 1980. (G.M. No.1464/Ser-V/2/87-1, I & P Dept., dated 23-11-1982) 

(c) The pre-absorption service of all work charged employees who have become Government servants on or after 29-3-1979, be counted as qualifying service for purposes of pensionary benefits in relaxation of Article 361 of Civil Service Regulations. (G.O. Ms. No.168, Irrigation (Ser.V) Dept., dated 3-4-1984)

(iii) Pensionary liability of the employees of former District Boards taken over by Government:

The pensionary liability on account of the former District Board employees taken over to the erstwhile Highways Department, including the share relatable to their service under the former District Board be borne in full by Government. (G.O. Ms. No.29, TR&B (S II) Dept., dated 24-1-1985)

(iv) Counting of service prior to regularisation of services in terms of G.O.Ms.No. 212 Fin & Plg (FW-P.C III) Dept dt. 22-4-94

In G.O.Ms.No. 212 Fin & Plg (FW P.C.III) Department., dt 22-4- 1994 conditions for regularising of services of Daily wage employees /N.M.Rs employees have been prescribed by the government including issue of orders of regularisation of services in such cases only from date of the issue of such order making with prospective. Hence counting of services for pension and any other purposes rendered prior to the effecitive date of regularisation can not be entertained. [Govt.Memo.No. 573/225/A3/PC. III/97 dated 1-9-97 of F&P Department.]

v) Condition for Counting of pre-absorbed service of work charged employees for the purpose of pension :

The work charged employees who opted to became Government employees on completion of 10 years of total service and on permission shall exercise their option to enable the pension sanctioning authority to count the pre-absorption period as qualified service for purpose of pensionary benefits by authorising the head of the department to remit the accured amount of the employer’s share under E.P.F scheme to the government account pertaining to the pre-absorption period. Therefore it is incumbant on the part of the head of the department to append a certificate in the S.R to the effect that the individual has excerised an option in terms of the G.O.Ms.No.212, I&P Department, dt. 29-3-79 and G.O.Ms.No.130, I&P Department. dt. 18-3-81 that his preworkcharged establishment service is permissible to be counted for purpose of pension. The Regional provident fund commissioner shall be requested for refund of the employer’s share in E.P.F if it has been remitted by the head of the department and to credit the same to government account. Where no refund of the E.P.F has been made, there is no question of counting the prework charged establishment service. From the date of such remittance only, regularisation will be considered and come to effect. [Govt.Cir.Memo.No. 1941-A/31/A2/Pen.I/97 dt. 3-10-97 of Fin & Plg (FW-Pen.I) Dept.]

15. Counting of service rendered under Central Government:

In the case of a Government servant belonging to Central Government, who is permanently transferred to a service or post to which these rules apply, the continuous service rendered under the Central Government in an officiating or temporary capacity, if any, followed without interruption by substantive appointment, or the continuous service rendered under that Government in an officiating or temporary capacity, as the case may be, shall qualify: Provided that nothing contained in this sub-rule shall apply to any such Government servant who is appointed otherwise than by deputation to a service or post to which these rules apply.

16. Counting of service as apprentice:-

Service as an apprentice shall not qualify.

17. Counting of service on contract: -

(1) A person who is initially engaged by the Government on a contract for a specified period and is subsequently appointed to the same or another post in a regular capacity in a pensionable establishment without interruption of duty, may opt either –

(a) to retain the Government contribution in the contributory Provident Fund with interest thereon including any other compensation for that service; or 

(b) to agree to refund to the Government the monetary benefits referred to in clause (a) or to forgo the same if they have not been paid to him and count in lieu thereof the service for which the aforesaid monetary benefits may have been payable.

(2) The option under sub-rule (1) shall be communicated to the Head of Office or to the Audit Officer within a period of three months from the date of issue of the order of permanent transfer to pensionable service, or if the Government servant is on leave on that day, within three months of his return from leave, whichever is later.

(3) If no communication is received by the Head of Office within the period referred to in sub-rule (2), the Government servant shall be deemed to have opted for the retention of the monetary benefits payable or paid to him on account of service rendered on contract.

18. Counting of pre-retirement civil service in the case of reemployed Government servants: -

(1) A Government servant who, having retired on compensation pension or invalid pension or compensation gratuity or invalid gratuity, is reemployed and appointed regularly to a service or post to which these rules apply, may exercise option either-

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

(b) to cease to draw his pension or refund gratuity, including the retirement gratuity, if any, as the case may be, and count his previous service as qualifying service in which case the pension intermediately drawn shall not be required to be refunded.

(2) 

(a) The option under sub-rule (1) shall be exercised within three months of the date of issue of the order of regular appointment to a service or post on re-employment or if the Government servant is on leave on that day, within three months of his return from leave, whichever is later.

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

(3) In the case of a Government servant who opts for clause (a) of sub-rule (1) the pension or gratuity admissible for his subsequent service is subject to the limitation that service gratuity or the capital value of the pension and retirement gratuity, if any, shall not be greater than the difference between the value of the pension and retirement gratuity, if any, that would be admissible at the time of the Government servant’s final retirement if the two periods of service were combined and the value of retirement benefits already granted to him for the previous service.

Note:-

The capital value of pension shall be calculated in accordance with the table prescribed by the State Government under the Civil Pension (Commutation) Rules applicable at the time of the second or final retirement.

(4) 

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

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

(5) In the case of a Government servant, who, having elected to refund the gratuity, dies before the entire amount is refunded, the amount of unrefunded gratuity shall be adjusted against the retirement gratuity which may become payable to his family.

19. Counting of military service rendered before civil employment:

(1) A Government servant who is re-employed in a civil service or post before attaining the age of superannuation and who, before such reemployment, had rendered regular military service after attaining the age of eighteen years, may, on his regular appointment to a civil service or post, opt either-

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

(b) to refund the pension or gratuity and count the previous military service as qualifying service, in which case the service so allowed to count shall be restricted to a service, within or outside the employees unit or department in India or elsewhere, which is paid from the Consolidated Fund of India or for which pensionary contribution has been received by the Government.

(2)

(a) The option under sub-rule (a) shall be exercised within six months of the date of issue of the order of regular appointment to a civil service or post on re-employment, or if the Government servant is on leave on that day, within three months of his return from leave, whichever is later.

(b) If no option is exercised within the period referred to in clause (a), the Government servant shall be deemed to have opted for clause (a) of sub-rule (1). (3)(a) A Government servant who opts for clause (b) of sub-rule (I) shall be required to refund the pension, bonus or gratuity received in respect of his earlier military service, in monthly instalments not exceeding thirty-six in number, the first instalment beginning from the month following the month in which he exercised the option.

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

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

(5) When an order is passed under this rule allowing previous regular military service to count as part of the service qualifying for civil pension, the order shall be deemed to include the condonation of interruption in service, if any, in the military service and between the military and civil services. Verification of previous Military Service of Ex-Soldiers employed in the Civil Department. Ruling Civil authorities employing ex-service commissioned officers and other ranks should get their previous military service verified in consultation with the accountant-General and record is their service registers/history of services as soon as possible after their regular appointment in the civil posts. For this purpose, the civil authorities should address the following authorities for obtaining the certificate of verification of military service in the form given in Appendix (A) below, with suitable modifications to suit their requirements.

Commissioned Officers: 

(a) Ex-Army Officers: 

(i) Non-Medical Officers: Adjutant General’s Branch (Org-3 New Delhi (RR&C) (D), Army Headquarters, (ii) Medical Officers : MPRS(O)(NE)Medical Directorate, Army Head-Quarters, New Delhi (b) Ex-Naval Officers : Personnel Services Directorate (Naval Appointments), Naval Headquarters, New Delhi (c) Ex-Air Force Officers : Directorate of Personnel (Officers) (PO2), Air Headquarters, New Delhi Non-Commissioned Officers: (a) JCOs, OR & : The respective record office as NCSE of the Indian indicated in the Discharge Certificate Army of the individual concerned. (b) CPO, Petty Officers and : The Captain, Naval Barracks (Drafting Sailors of the Navy Office), Bombay. (c) MWOs, WOs, NCos : Directorate of Personnel (Airmen) & Airmen of the Air Air Head Quarters, New Delhi. Force Appendix (A) [Government of India, Letter No.52324/Gen./Org.3 Records (d) 411-D1 Pensions (Service) dated 19th January, 1963] Certificate of verification of military service of No. ............... Rank .............. Name........................... unit .................. re-enrolled in the ...................... as .............................. from ................ The information required for verification of war/military service for the purpose of counting towards civil pension under Articles 356 and 357 of Civil Service Regulations and relative orders is given as under:

1. Date of birth or the nearest age of enrolment in the Army/Navy/ Air Force if the former is not known.

2. Date of enrolment in the Army/Navy/Air Force.

3. Date of discharge.

4. Period of reserve service, if any.

5. Whether the military service was pensionable under the military rules, but terminated on or before pension was earned in respect thereof.

6. Whether he was entitled to a service gratuity and if so, how much.

7. Whether the gratuity was drawn and is refundable to the Defence Service Estimates. (If the service is allowed to count for civil pension).

8. If the individual is in receipt of a disability pension:

(a) had he earned an ordinary service pension for his qualifying service; or

(b) had he only earned a service gratuity in lieu of which a service element of disability pension has been granted to him. If so, what was the amount of service gratuity.

9. Whether he was paid from the Indian Revenues throughout.

10. Whether the pensionary contribution has been recovered and credited to Indian Revenues for the period of his service out of India from ...........to ..........

11. Whether the whole period of military service is covered by any of the clauses mentioned in Note 2 to Articles 356/357, Civil Service Regulations.

12. Non-qualifying service if any, From ...........To.........

13. Period of satisfactory paid military service From ......... to ............

14. Whether the military service was superior or inferior.

15. Length of war service From.............to..........

16. Amount of service gratuity paid for the period of war service indicated in the preceding item.

17. Amount of war gratuity paid for the period of war service.

18. Period and nature of leave (other than casual leave) availed of during military service. Station: Dated: (Signature of the Record Officer concerned)

COUNTERSIGNED

Station: 

Dated: 

Controller of Defence Accounts PAD (ORs.) (G.O. Ms. No.57, Finance (Pension-I) Department, dated 19th February 1973.)

Foot-note.:-

Here may be shown the amounts to be recovered from the employees separately in respect of the amounts creditable to the State Governments and Defence Services Estimates respectively, and the Defence Accounting Authority to whom the credit on account of the recoveries creditable to Defence Services Estimates with relevant Head, to be passed on.

36 Executive Instructions Admissibility of Family Pension in respect of the military pensioner re-employed in Civil Service:-

(a) If, on regular appointment in a civil service or a civil post, a military pensioner has, in the course of his re-employment, opted to retain military pension for the past military service in terms of Rule 19 (1)(a) of A.P. Revised Pension Rules, 1980, he shall exercise another option to receive family pension admissible under the relevant provisions governing family pension in Revised Pension Rules, 1980 or the family pension already authorised under relevant instructions of Army/Navy/Air Force, as the case may be. The option shall be exercised within a period of six months of the date of issue of the orders of regular appointment to a civil service or post on re-employment or within a period of three months of his return from leave, whichever is later, if he is on leave. If no option is exercised within the period aforesaid, he shall be deemed to have opted for family pension authorised under the relevant instructions of Army/Navy/Air Force as the case may be.

(b) If, on his regular appointment in a civil service or civil post, in the course of re-employment, he has opted to surrender military pension and count in lieu thereof, the military service also for civil pension, he shall be governed by the family pension admissible under the pension rules applicable to him in respect of his civil service or civil post.

(c) If a military pensioner is employed in civil service and dies while holding the civil post before the expiry of the period for exercising option as envisaged in (a) above, his family may be allowed to opt for the family pension admissible under the relevant provisions of the pension rules applicable to him in the civil post or the family pension authorised at the time of his retirement or discharge from the military service under relevant instructions of Army/Navy/Air force as the case may be. For this purpose, an option shall be given. If the option is not given within 6 months as envisaged in (a) above, the State Civil Pension Rules will be made applicable, which shall be final. (G.O.Ms.No.195, Fin. & Plg. (FW: Pen.I) Dept., dt.12-5-1985 w.e.f 21-5-85)

(d) Counting of war military service towards civil pension - refund of gratuity - rate of interest:-

The war/military service rendered before civil employment to count that previous war/military service to civil service as qualifying service for purpose of pension to a condition that to refund the service gratuity/retirement gratuity received from the military authority from the date of drawal to date of refund to Government the rate of interest to be collected on such refunds as shown below :

1. Before 1-4-1975 - 7%

2. 1-4-75 and 30-6-1976 - 7½%

3. From 1-7-1976 - 8½% [Govt. Memo.No.33552/1070/Pen.I/79-2, dt. 16-02-1980 of Fin & Plg (FW: Pen-I) Department.

20. Counting of war service rendered before Civil employment:

(1) A Government servant who, prior to his appointment in a civil service or post against war reserved or other permanent vacancy which arose for direct recruitment before the 1st January, 1948, had rendered satisfactory paid whole-time, enlisted or commissioned war service in the Armed Forces of India or in similar forces of a Commonwealth country during the period from the 3rd September, 1939 to the 1st April, 1946, which did not earn a service pension under the military rules, shall be allowed to count such service, including all kinds of leave on full rates of pay and sick leave taken during such service, as qualifying service, subject to the following conditions, namely:-

(a) in the case of a service or post in respect of which a minimum age is fixed for recruitment, no war service rendered below that age shall count as qualifying service;

(b) no contribution towards or share of pension earned as a result of counting war service rendered in a force of a Commonwealth country shall be claimed from the Government of that country;

(c) no refund of bonus or gratuity [except service gratuity] in respect of war service shall be demanded from the Government servant concerned. 

(2) War service rendered by a Government servant who was appointed substantively to a civil service or post against vacancies which arose after the 31st December, 1947, shall, subject to the conditions specified in sub-rule [1], be treated as provided in Rule 19.

Note 1 :-

[1] In respect of war service candidates appointed permanently to civil posts against vacancies arising after the 31st December, 1947 “War Service” rendered during the last war by itself, or in conjunction with other military service, shall be allowed to count towards civil pension in full. The grant of the concession is subject to the following conditions:-

(i) The officer concerned should not have earned a pension under the military rules in respect of the service in question;

(ii) In the case of service or posts in respect of which a minimum age is fixed for recruitment, no military or war service rendered below that age shall be allowed to count for pensions;

(iii) “War Service” rendered in the Armed Forces of India and rendered in similar forces of a Commonwealth country shall be allowed to count alike for pension and no contribution towards, or share of, a pension earned as a result of this concession shall be claimed from the foreign Government concerned;

(iv) No refund of bonus or gratuity paid in respect of his ‘War Service’ shall be demanded from the officer concerned. If, however, the officer has been granted any retirement gratuity for service covering both the War and post-war periods such gratuity shall be refundable. Where the amount of service gratuity received on account of War/Military Service is not refunded in the manner prescribed in the rules, simple interest at the rates applicable on Government loans from time to time are leviable on the late refund of service gratuity. The interest in respect of persons who entered Government service before 25th July, 1973, after War/Military service shall be levied from 25th July, 1973 to the date of refund to the Government and in case where the entry into Government service after War/Military service is subsequent to 25th July, 1973, interest as above shall be levied from the date of drawal of gratuity from the Military authorities to the date of refund of the gratuity to Government.

(v) The break if any between the military/war service and the civil service shall be treated as automatically condoned provided the period of the break does not exceed one year. Breaks exceeding one year but not exceeding three years may also be condoned, in exceptional cases, under special orders of Government.

(2) The service rendered by persons during World War II in the Civil Defence Department shall also be treated as “War Service” for the purpose of this note. The service in Civil Defence Department shall mean only the service rendered in the Civil Defence Department (including Air Raid Precaution Service and Civil Labour Units) of the Composite Madras State Government, i.e., areas which constituted Madras State as on 30th September 1953. The provisions in Rule 20 of these Rules and the note shall not apply to the service rendered in the Civil Defence Department (including Air Raid Precaution Service and Service in Civil Labour Units) of the Central and other State Governments. The benefit of counting of service in Civil Defence Organisations will apply to all persons who have retired and who are still in service.

Note 2:-

The question of counting non-regular military (purely temporary) service which was not rendered in conjunction with war service in the Army, Navy and Air Force towards Civil Pension has been considered and it has been decided that such service, if continuous, will count in full towards civil pension if it is followed without interruptions by appointment to or eventual confirmation in a pensionable post in Civil Service. The grant of this concession is subject to the following conditions:-

(i) The officer concerned should not have earned a pension under the Military Rules in respect of the service in question;

(ii) In the case of services or posts in respect of which a minimum age is fixed for recruitment, no military service rendered below that age shall be allowed to count for pension; and

(iii) If the officer has been granted any retirement gratuity in respect of such service, such gratuity shall be refundable. It has also been decided that the above concession can be allowed even in cases where there are interruptions between the non-regular military/ purely temporary service and the civil service provided such interruptions are condoned. For condonation of such interruptions the following conditions should be fulfilled.

(1) Service preceding the interruption should not be of less than five years’ duration and in cases where there are two or more interruptions, the total service, pensionary benefits in respect of which will be lost if the interruptions are not condoned, should not be less than five years; and

(2) The interruption should not be more than of one year’s duration. In cases where there are two or more interruptions, the total of the periods of all interruptions that are condoned should not exceed one year. In such cases the pensionary liability in respect of the military service shall be borne by the Defence Authorities and the Government servant shall be required to refund the service gratuity, if any, received by him in respect of the military service rendered by him, before he is allowed to count that service towards Civil Pension.

Note (3):-

A question has arisen as to whether the Enlisted / Commissoned Military Service which is shown as non-pensionable/war time engagement by the Defence Authorities in the certificates of verification of military service, should count towards Civil Pension in the case of persons who are permanently appointed to civil posts. The position is that in the Defence Services there are no non-pensionable establishment and the service officers/ personnel are either on regular or non-regular terms. Those who are on regular terms are entitled to pension/gratuity after rendering the prescribed period of service and others who are not on regular terms are entitled to gratuity as admissible under the rules/orders in accordance with which they are engaged. Non-regular military service when followed by service on regular terms counts for military pension. In the circumstances, the service which is shown as non-pensionable/war time engagement is in fact non-regular (purely temporary) military service including war service and will be allowed to count towards Civil Pension in terms of Notes (1) and (2) above, as the case may be. The pensionary charges in respect of war service in such cases shall be borne by the Civil Authorities and those in respect of military service (other than war service) shall be borne by the Defence Authorities as indicated in Note 6 below.

Note (4):-

The question whether the term “Pension under the military rules” mentioned in Notes (1) and (2) includes the disability pension also has been examined. The position is that wherever the disability pension includes service elements, this element has to be surrendered, before the war/military service is allowed to count towards Civil Pension. In cases where the Government servant gets disability pension after he becomes eligible for ordinary pension also and that element of ordinary pension is included in the disability pension, he is not eligible to count war/military service towards civil pensions.

Note (5):-

The exact scope of the term “bonus” occurring in Note (1) above has been examined and it is clarified that the underlying idea behind waiving the recovery of the bonus or gratuity received in respect of war service in order to allow such service being counted towards civil pension subsequently under certain conditions laid down in that note is that the bonus / gratuity which was paid by the Defence Authorities to their employees (enrolled combatant personnel/non-enrolled combatant personnel) in respect of war service rendered in the Armed Forces during World War II was not of the nature of any retirement or terminal benefit, but was a reward for serving in the war, awarded with a view to providing an incentive for the temporary employees to join the Armed Forces. As such war bonus has no relation to the bonus paid under the unified scale of pay scheme to persons serving on the Civil side or on the Defence side in a Civilian capacity, the entire amount of the latter kind of bonus shall have to be refunded in all cases, where the temporary employee is subsequently allowed to count the temporary service for pension.

Note(6):-

The question of allocation of pensionary charges between Civil and Defence Authorities has been examined and it has been decided that the charges in respect of war service (3rd September, 1939 to 31st March, 1946) should be borne by the Civil Authorities as in the cases covered by Rule 20 and the charges in respect of military service (other than war service) should be borne by the Defence Authorities in accordance with para 12 of Part IV of Appendix 3 to the Andhra Pradesh Account Code, Volume I. The general question is that where a period of war/military service is allowed to count towards civil pension any gratuity paid in lieu thereof is required to be refunded has been examined and it has been decided that the amount of gratuity should be refunded has been examined and it has been decided that the amount of gratuity should be refunded and credited to the authorities who will bear the pensionary liability for the period of service allowed to be counted towards pension. The pensionary liability for the period of war service devolves on the Civil Authorities and that for military service (other than war service) devolves on the Defence Authorities. The retirement gratuity in respect of service covering the war period should therefore be refunded and credited to the Civil Authorities and the retirement gratuity in respect of military service (other than the service, covering war period) should be refunded and credited to the Defence Authorities. The procedure should be followed in all cases where war/military service is allowed to count towards Civil Pension.

Note (7):-

Leave taken during war/military service shall count as service for civil pension to the extent to which such leave will count as service for the purpose of pension if the officer concerned had been a temporary employee throughout.

Note (8):-

The following categories of service will be treated as “War Service” for purpose of Rule 20 and the Notes thereunder:-

(a) Service of any kind in a unit or formation for service overseas or in any operational areas;

(b) Service in India under military, munitions or stores authorities with a liability to service overseas or in any operational area;

(c) All other service involving subjection to Naval, Military or Air Force Law;

(d) A period of training with a military unit or formation involving liability to serve overseas or in any operational area;

(e) Service in any Civil Defence Organisation specified in this behalf by the Central or the State Government.

(f)

(i) Any service connected with the prosecution of the war which a person is required to undertake by a competent authority under the provisions of any law for the time being in force; and

(ii) Such other service as may hereafter be declared as war service for the purpose of this definition. Only whole-time service in any of the kinds specified above will be recognised as war service. 

Note(9):- 

The service rendered in the Indian National Army by persons of the following categories shall be treated as War Service for the purpose of counting it towards Civil Pension under Rule 20 and the Notes thereunder:-

(i) Persons who were holding civil posts before joining the Indian National Army and have been reinstated in the same posts;

(ii) persons who were holding civil posts or were members of the regular Indian Armed Forces before joining the Indian National Army and have been re-employed in some other civil posts;

(iii) Persons who joined the Indian National Army from the general public or from the Armed Forces and have subsequently been absorbed in civil posts. The service in the Indian National Army shall be admitted on the basis of a certificate issued by the administrative authorities to the effect that the claim is genuine and correct. The administrative authorities shall give such certificates after verification of documents or collateral evidence etc., produced by the persons concerned. In the case of persons belonging to category (iii) the production of adequate proof like documents relating to their enrolment in the Indian National Army should be insisted upon along with the collateral evidence for their having been in that Army.

Note (10):-

The service rendered in the Civil Defence Department should be verified with reference to the entries in the service books of the individuals concerned and the discharge certificate produced by them

21. Counting of periods spent on leave:-

(1) All leave during service for which leave salary is payable and all extraordinary leave granted on medical certificate shall count as qualifying service:

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

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

    (ii) for prosecuting higher scientific and technical studies.

(2) Extraordinary leave granted for other reasons than those mentioned above will count as qualifying service up to a maximum extent of 36 months in the entire service provided that in the case of a Government servant taking employment elsewhere, extraordinary leave will count as qualifying service subject to payment of pension contribution and leave contribution, as may be prescribed. Executive Instructions Counting of E.O.L period for undertaking job abroad for pension :

1. 

(i) Government employees who are permitted to secure employment abroad in terms of G.O. Ms.No. 214, F&P [FW. F.R.I] Department, dt 3-9-96 without applying for voluntary retirement or resigning from service shall count the period of absence during employment abroad not exceeding 5 years period will be treated as E.O.L. without allowances, but such period of absence will not be counstrued as a break in service. In such cases to count the said E.O.L period of 5 years for purpose of pension, if contribution towards pension is paid by the foreign employer or employee such periods will count of pension. [G.O.Ms.No. 214 Fin & Plg (FW. F.R.I) Dept., dt. 3-9-1996]

(ii). The E.O.L with permission accorded as per the Executive Instruction 1 should not be utilised to secure the job abroad, but should be utilised for undertaking employment abroad only. [U.O.Note.No. 13127 -A/113/F R I/98 dt 13-5-98 of Fin & Plg (FW FRI) Dept.]

(iii). The benefit of the availment of above E.O.L shall be given to government employees at a single stretch or in different spells, but for a period not exceeding five years in all during the entire service. [G.O.Ms.No. 756, Finance (F R I) Dept, dt. 7-8-2002]

22. Counting of periods spent on training:-

The Government may, by order, decide whether the time spent by a Government servant under training immediately before appointment to service under that Government shall count as qualifying service.

[Note:- The service of a trainee during training period shall count for pension. Provided he is selected for the post as a direct recruit and is appointed to it prior to being sent on training and such training period counts for probation - The note was substituted for the earlier note by G.O.Ms.No.224, Fin & Plg (FW.Pen.I) Dept.., dt. 4.5.94.]

23. Counting of periods of suspension:-

Time passed by a Government servant under suspension pending enquiry into conduct shall count as qualifying service where, on conclusion of such inquiry, he has been fully exonerated or the suspension is held to be wholly unjustified. In other cases, the period of suspension shall not count unless the authority competent to pass orders under the rule governing such cases expressly declares at the time that it shall count to such extent as the competent authority may declare.

24. Forfeiture of service on dismissal or removal:-

Dismissal or removal of a government servant from a service or post entails forfeiture of his past service.

25. Counting of past service on reinstatement :-

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

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

26. Forfeiture of service on resignation :-

(1) Resignation from a service or post entails forfeiture of past service.

Provided that a resignation shall not entail forfeiture of past service if it has been submitted to take up with proper permission, another appointment, whether temporary or permanent, under the Government where service qualifies.

(2) Interruption in service in a case falling under the proviso to sub-rule (1), due to the two appointments being at different stations, not exceeding the joining time permissible under the rules of transfer, shall be covered by grant of leave of any kind due to the Government servant on the date of relief or by formal condonation to the extent to which the period is not covered by leave due to him.

Note 1 :-

Under proviso to Rule 26, resignation of an appointment to take up with proper permission another appointment whether permanent or temporary, service in which counts in full or in part, is not resignation from service. A question has been raised whether in such cases a separate sanction should be issued indicating that resignation has been accepted under the above provisions, in order to enable the audit/administrative officer to regulate the consequential benefits in the matter of pay fixation, carry forward of leave, pension, etc. In cases of the above type the order accepting the resignation should clearly indicate that the employee is resigning to join another appointment with proper permission and that the benefits under proviso to Rule 26 will be admissible to him. The contents of such order should also be noted in the service book of the individual concerned under proper attestation. No separate order sanctioning these benefits in such cases each time would be necessary.

Note 2 :-

A member of a service or services, who is selected for appointment by direct recruitment to another post, category or class in the same or different service and is appointed to it, shall, as soon as he is appointed to the post, category or class for which he has been selected by direct recruitment, be deemed to have resigned from the service or services of which he is a member prior to his appointment as aforesaid :

Provided that nothing in this ruling shall affect the benefits accrued to such member of a service or services in the previous post or posts, except the lien or probationary right, as the case may be, on such post or posts.

27. Effect of interruption in service :-

(1) An interruption in the service of a Government servant entails forfeiture of his past service, except in the following cases :- 

(a) authorised leave of absence;

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

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

(d) abolition of office or loss of appointment owing to reduction of establishment;

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

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

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

28. Condonation of interruption in service :-

The interruption between two or more 1[spells of Government service or] between non Government service (as service under Municipalities, District Boards etc.) and Government service or between two spells of non Government service shall be treated as automatically condoned without any formal orders of the sanctioning authority without restrictions as regards periods of interruption as well as the length of period preceding interruption excluding, however, the periods of interruption themselves.

Note :- 

The provisions of the above rule do not apply to interruptions between non regular military (purely temporary) service and civil service. 

1. The words spells of service were substituted by these words by G.O.Ms.No.181, Fin & Plg (FW.Pen.I) Dept., dt. 27-7-81.

29. Addition to qualifying service :-

1[Every Government servant who retires from service on and after the 29th October, 1979, on superannuation shall be entitled to add to his qualifying service, by way of weightage, service not exceeding three years. The aggregate qualifying service after such addition, should not, in any case, exceed the maximum service to earn full pension under these rules.] Provided that the benefit under this rule shall not be admissible in cases where the Government servant is eligible for the benefit under the Rules 19 and 20 of these rules. Provided further that where the benefit under Rules 19 and 20 and this rule are applicable, the benefit under any one of these rules, which may be the most advantageous, only shall be admissible.

Executive Instructions

(i) Admissibility of addition to service irrespective of length of qualifying service The benefit of addition of difference between 33 years of the actual qualifying service not exceeding 3 years is admissible to all those who retire on superannuation irrespective of the length of qualifying service put in by them on the date of retirement. [Govt. Memo. No. 57233-B/810/Pen.I/81-1 Fin & Plg (FW.Pen.I) Dept., dt 28-4-82.]

(ii) Weightage to the members of A.P. State Higher Judicial Service :-

The Concession of adding 5years of service as provided in Article 404-A of Civil Service regulations may be extended to the members of A.P. State Higher Judicial Service who have opted to A.P. Revised Pension Rules 1980. Where this concession is given, the concession of adding 3 years of

1. Sustituted by G.O.Ms.No. 313, Fin & Plg (FW.Pen.I) Dept, dt. 21.11.83. w.e.f 29.10.79.

Note:-

By G.O.Ms.No. 42, Fin. & Plg. (FW:Pen.I) Dept., dt. 15-2-1983 the figure “33” occurring at two places in the original rule were amended as “30” w.e.f. 8-2-1983. But, again by G.O.Ms.No. 360, Fin. & Plg. (FW:Pen.I) Department., dt. 31-12-1984 the figure “33” was restored w.e.f. 23-8-1984 which was subsequently given effect to from 8-2-1983 by G.O.Ms.No. 162, Fin. & Plg. (FW: Pen.I) Department., dt. 16-6-1986. 49 servcie as per rule 29 of A.P.Revised Pension Rules 1980, shall not be admissible. [G.O.Ms.No.404, G.A (SC-F) Dept, dt. 25.8.83 w.e.f.1.4.78]

30. Verification of qualifying service after 25 years service:-

(1) Where a Government servant completes twenty-five years of service or is left with five years of service before the date of retirement the Head of Office or Department concerned, as the case may be, shall send the service particulars to the Accountant-General who shall verify them in accordance with the rules for the time being in force, determine the qualifying service and record a certificate that the service up to the specified date has been accepted in audit for purposes of pension and communicate the period of qualifying service so determined.

(2) In the case of Class IV and other low paid Government servants of equivalent rank the Head of the Office shall verify the service particulars as indicated in sub-rule (1) and record a certificate in the service book of the employee as per the said sub-rule.

(3) Verification referred to in sub-rule (1) and (2) shall be subject to final verification of qualifying service which shall be made at the time of retirement of the Government servant.

31. Emoluments:-

The expression “emoluments” means ‘Pay’ as defined in Rule 1[9(21)(a)(i)] of the Fundamental Rules which a government servant was receiving immediately before his retirement or on the date of his death.

Note 1:-

If a Government servant immediately, before his retirement or death while in service had been absent from duty on leave for which leave salary is payable or having been suspended had been reinstated without forfeiture of service, the emoluments which he would have drawn had he not been absent from duty or suspended, shall be the emoluments for the purpose of this rule: Provided that any increase in pay (other than the increment referred to in Note 4) which is not actually drawn shall not form part of his emoluments. 

1. The expression “9(21)” occurring in the original rule was substituted as “9(21) (a)(i)” by G.O.Ms.No. 177, Fin & Plg (FW.Pen.I) Dept., dt. 28.6.88. 

Note 2:-

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

Note 3:-

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

Note 4:-

If a Government servant immediately before his retirement or death while in service was on earned leave or leave on average pay, as the case may be, and earned an increment, which was not withheld (a) during the currency of the earned leave not exceeding one hundred and twenty days, or during the first one hundred and twenty days of earned leave exceeding one hundred and twenty days or (b) during the currency of leave on average pay not exceeding four months, or during the first four months of leave on average pay exceeding four months, such increment, though not actually drawn, shall from part of his emoluments.

Note 5:-

Pay drawn by a Government servant in a tenure appointment shall not be treated as emoluments.

Note 6:-

The deputation (local) allowance granted to deputation police personnel posted in the Cabinet Secretariat on deputation terms shall also count as emoluments for purpose of calculation of pension under this rule. The allocation of pensionary liability in such cases of deputation will continue to be made in accordance with the rule of proportion envisaged in Section IV of Appendix 3 to Andhra Pradesh Account Code, Volume 1. 

The rate of deputation (local) allowance fixed for different grades in the Cabinet Secretariat is as follows:- 

State Rank Rank in the Cabinet Rate of Secretariat Deputation (Local) Allowance. Deputy Superintendent S.F.O. Rs. 150 p.m. of Police (Asst. Commissioner of Police) (Special Branch) at Calcutta and Superintendent of Bombay (Special Branch), City Police Bombay Inspector of Police F.O. Rs.150 p.m. Sub-Inspector of Police D.F.O. Rs.100 p.m. Asst. Sub-Inspector A.F.O. Rs.80 p.m. Head Constable Head Security Guard Rs.60 p.m. Constable Security Guard Rs.50 p.m.

Note 7:-

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

Note 8:-

Where a pensioner who is re-employed in Government service elects in terms of clause (a) of sub-rule (1) of rule 18 or clause (a) of sub-rule (1) of Rule 19 to retain his pension, the element of pension by which his pay is reduced shall be treated as emoluments. The following shall count as emoluments for purposes of this rule.

Note 9:-

Fees or Commission, if they are authorised emoluments of an appointment and are in addition to pay (in this case, “emoluments” means the average earning for the last six months of service);

Note 10:-

One half of:- 

(i) the special pay attached to a tenure post irrespective of the reason for which it has been granted and notwithstanding anything contained in Articles 23-A, 23-B and 23-C of Civil Service Regulations.

(ii) Personal allowance referred to in FR 9(23) (b). Executive Instructions (i) Stagnation Increments:-

(a) The stagnation increments sanctioned to Government servants beyond the maximum of the scale of pay in Revised Pay Scales, 1986, will be reckoned as pay for all purposes; except for fixation of pay on promotion. (G.O. Ms. No.206, F & P (FW:PC.I) Dept., dt 23-11-1992)

(b) The stagnation increments sanctioned to government servants beyond the maximum of the scale of pay in Revised Pay Scales 1993, the stagnation increments shall count for purpose of pension and pensionary benefits. [G.O.(P).No. 18, Fin & Plg (FW.PC-I) Dept, dt. 19-1-1994]

(c) The stagnation increments sanctioned to government servants beyond the maximum of scale of pay in Revised Pay Scale 1999, shall be treated as regular increments for all purposes such as fixation of pay on promotion/automatic advancement scheme, pension etc, w.e.f. 1-7-98 with monetary benefit from 1-4-99. [G.O.Ms.No. 152, Fin & Plg (FW.PC-I) Dept, dt. 4-11-2000]

(ii) Notional pay in Revised Pay Scales 1993 counts as emoluments: In the case of Government servants retiring in between 1-7-1992 and 31-3-1993, the notional pay fixed in Revised Pay Scales 1993, upto 31-3- 1993 shall be counted as emoluments for purposes of Pension. (GO(P)No.162, Fin & Plg. (FW:PC.I) Dept., dated 20-5-1993 & GO(P) No.18, Fin. & Plg. (FW:PC.I) Dept., dated 19-1-1994) 

(iii) Counting of notional pay in Automatic Advancement scales of Teachers as emoluments :- The notional pay fixed in the Automatic Advancement scales of Teachers in the light of the orders issued in G.O.Ms.No. 133 and 134 Fin. & Plg (FW.PC.II) Dept., dt. 8.4.93, counts as emoluments for purpose of pensionary benefits though it was not actually drawn. (Govt’s letter No.00819/23/PC.II/94, dated 15-1-1994 of Fin. & Plg (FW:PC.II) Dept., to the AG, AP)

(iv) Personal pay to protect the emoluments : Any amount treated as ‘personal pay’ to protect the emoluments to be absorbed in future increments shall be reckoned towards “emoluments” for the purpose of pension. [G.O.Ms.No. 87, Fin & Plg (FWPen-I) Dept, dt. 25-5-1998 w.e.f. 25-5-98] In the case of employees who retired in between 1-7-1998 and 31-3- 1999 whose pay has been fixed notionally in terms of Revised Pay Scale 1999, in accordance with G.O.(P).No. 114, F & P (FW. PCI) Dept, dated. 11- 8-1999 are eligible for fixation of revised pension notinally based on the notional pay so fixed. The monetary benefit, however, be allowed with effect from 1-4-1999. [G.O.Ms.No.206, F & P (FW.PCI) Dept., dt. 23-12-1999]

(v) Incorporation of the provision of F.R.26(aa) under Rule 31, APRPRs, 1980:

(aa) The pay of government servant whose date of seniority/ promotion has been revised and fixed from an earlier date, pay may be refixed on the basis of notional duty in the post from time to time. For this purpose, the periods for which the government servants concerned would have officiated in the higher post if he had been promoted actually on that date may be recknowed and weightage for only such periods given from the notional date of promotion. The non-qualifying periods like extraordinary leave, suspension etc, Should also be deducted from this period.

Note 1 :

Monetary benefit arising out of refixation as above, shall be limited to the duty periods and arrears shall be payable only for the periods during which the Government servants actually discharged the duties of the post. Arrears shall not be payable for the notional duty periods assigned as a result of revision of seniority position.

Note 2 :

While a government servent who is already promoted before the revision of seniority and who is assigned an earlier date of promotion shall be allowed arreas resulting from the pay fixation in the manner set out in note (1) above, for the periods during which he actually discharged the duties of the post and in the case of Government servant who has been promoted before the revision of his seniority but is promoted after the review, he shall be allowed monetary benefit of pay fixation from the date of promotion only.

Note 3 :

In the case of Government servant who has already retired or died before the revision of his seniority and refixation of pay the arreas shall be payable in the manner indicated in note (2) above, and pensionery benefits shall also be revised on the basis of the notional pay fixation in the manner indicated in note (2) above and the monetary benefit of pension/Family pension or Death come Retirement Gratuity as the case may be shall be allowed from the date of retirement / death.

Note 4 :

In regard to selection grades, the position is that if by virtue of revised seniority Government servant concerned is to be allowed selection grade scale, it may be allowed with arrears if duties have been discharged in the normal grade of that post. In the case of those who lost their seniority, however, their pay is brought down to the ordinary scale from the original date, their pay fixed in the ordinary scale of pay, ignoring the intervening appointment to selection grade and the correct rate of pay so properly fixed in the ordinary scale, is to be allowed from the date of issue of the orders. [G.O.Ms.No. 786, Finance (Pen-I) Dept, dt. 11-9-2002]

32. Average emoluments:-

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

Explanations:-

For purposes of working out average emoluments in order to compute the pension admissible;

(i) in cases where the 10 months’ period for assessing the average emoluments happens to cover any period preceding the 1st April, 1978 for such period preceding the 1st April, 1978 the pay drawn by the employee in the revised pay scales of 1974 and the dearness allowance admissible at the rates in force on the 31st March, 1978 appropriate to that pay shall be the pay for purposes of calculating the average emoluments; and

(ii) In cases where a person has drawn pay in the revised pay scales of 1974 during any part of the period of 10 months’ immediately preceding the date of retirement, for such period during which pay in the revised pay scales of 1974 is drawn pay for purposes of average emoluments shall be the basic pay drawn from time to time during the said period plus the dearness allowance appropriate to that basic pay at the rates in force on the 1st April, 1978.

Note 1:-

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

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

Note 2:-

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

Note 3:- 

In the case of a Government servant who was on earned leave on average pay, as the case may be, during the last ten months of service and earned an increment, which was not withheld,

(a) during the currency of the earned leave not exceeding one hundred and twenty days or during the first one hundred and twenty days of earned leave exceeding one hundred and twenty days, or

(b) during the currency of leave on average pay not exceeding four months, or during the first four months of leave on average pay exceeding, four months, such increments, though not actually drawn, shall be included in the average emoluments.

Note 4:-

In the case of a Government servant who is suspended and later re-instated without forfeiture of past service, the emoluments which he would have drawn had he not been suspended are taken into account for determining the average emoluments and the emoluments are not restricted to the subsistence allowance actually drawn.

Note :

The period of average emoluments was 36 months till 31.3.72.

It was reduced to 12 months w.e.f. 1-4-1972 by G.O.Ms.No.53, Fin. Dept., dt. 13.2.73. and as 10 months w.e.f. 1.9.1976 by G.O.Ms.No.334, Fin. Dept., dt. 2.8.76. And again the last pay drawn shall be treated as emoluments for fixation of pension w.e.f 25-5-98 by G.O.Ms.No. 87, F&P (FW.Pen-I) Dept, dt. 25-5-98.

Executive Instructions

(i) Notional Pay as per FR 22-B: The pay fixed on notional basis from 25-12-1982 to 23-8-1983, in terms of G.O. Ms. No.332, Fin. & Plg. (FW:FR.II) Dept., dated 13-12-1983 [i.e., FR 22-B] shall count as emoluments towards pensionary benefits in relaxation of Article 486-B of Civil Service Regulations/Rule 32 of Andhra Pradesh Revised Pension Rules, 1980. (G.M. No.85082-A/1050/Pen.I/84-1, dated 11-10-1984 of Fin. & Plg. (FW:Pen.I) Dept.)

(ii) Counting of DA as emoluments:-

(1) (a) In respect of Government servants retiring on or after 1-7-1986 with the benefit of Revised Pay Scales 1986 and if pay was drawn, during the period of average emoluments (i.e., 10 months) partly in pre-revised scales of 1986 and partly in Revised Pay Scales 1986, DA appropriate to the rate of pay, in force, for the period prior to 1-7-1986, may also be taken as emoluments. (b) DA sanctioned wef 1-1-1986 over and above the cost-of-living index of ‘608’ points should not be taken as emoluments. (G.O. Ms.No.232, Fin. & Plg. (FW:Pen.I) Dept., dated 27-8-1987) (2) (a) In respect of Government servants retiring on or after 1-7-92 with the benefit of Revised Pay Scales, 1993 and if pay was drawn during the period of average emoluments (i.e., 10 months) partly in pre-revised scales of 1993 and partly in Revised Pay Scales 1993, DA appropriate to the rate of pay in force for the period prior to 1-7-1992 may also be taken as emoluments.

(b) DA sanctioned wef 1-1-1993 over and above the cost-of-living index of ‘1106’ points will not count for the above purpose. (G.O. Ms.No.238, Fin. & Plg. (FW:Pen.I) Dept., dated 4-6-1993 as amended in G.O. Ms. No.76, Fin. & Plg. (FW:Pen.I) Dept., dated 28-2-1994)

(iii) Counting of DA., as emoluments in respect of teachers drawing pay in Revised UGC Scales of 1986:-

(1) In respect of teachers retiring on or after 1-1-1986 with the benefit of Revised UGC Scales 1986 and who had drawn pay during the period of 10 months preceding the date of retirement partly in the Revised UGC Scales 1986, DA drawn by them at the rates in force during the relevant period appropriate to the pre-revised pay in pre-revised UGC Scales 1986, be counted as emoluments for pension.

(2) DA sanctioned to teachers beyond 1-1-1986 over and above the cost of living index of ‘608’ points shall not count for the above purpose. (G.O. Ms. No.317, Education (UE) Dept., dated 21-9-1992)

iv) Effect of notional increment due on day following the date of retirment : Where an employee’s date of increment falls due on the day following his retirement, he may be given the benefit of increment notionally, purely for the purpose of pensionary benefits, subject to the condition that this should not be considered for any other purpose. [G.O.Ms.No.235 F & P (FW- FR II) Dept. dt. 27-10-98 w.e.f. 27-10-98]

v) Pay drawn during last two months to be regarded as emoluments :

The last pay drawn shall be treated as emoluments for fixation of pension under Rule 45 (2) (B) of APRPRs 1980, instead of average of last tenmonths emoluments as per this rule provided officiation in a promoted post during last two (2) months preceding the retirement, is in a regular vacancy.  [G.O.Ms.No. 87 Fin & Plg (FW. Pen-I) Dept. dt. 25-5-98 w.e.f 25-5-98]

Note :

The orders issued in para 3 and 4 of G.O.Ms.No.87, F&P (FW.Pen.I) Dept. dt 25-5-98 are applicable to the persons promoted during the period of last 2 months in a regular vacancy, and eligible for benefit irrespective of number of days they acted in the promoted post. [Lr.No.108/A2/Pen.I/99, dt 22-6-99 addressed to Addl. Secretary Transco, AP, Ltd., Vidyuth Souda, Hyderabad.]

vi) Counting of D.A for the purpose of calculation of pension on average emoluments in respect of Government servants retiring on or after 1-7-98 with the benefits of R.P.S of 1999:

In respect of Government Servants retiring on or after 1-7-98 with the benefits of revised pay scale of 1999 and whose cases are not satisfied the provisions of G.O.Ms.No. 87, Fin & Plg (FW. Pen-I) Department. dt. 25-5-98 their pensions have to be determined in the average of last 10 months emoluments as per Rule 32 of A.P.R.P.Rs, 1980, and if pay was drawn during the period of 10 months preceding the date of retirement partially in pre-Revised scale of pay and partially in R.P.S.1999, in addition to pay drawn by the employees in the pre-revised scale of pay, D.A. drawn by the employee as on 1-7-98 (i.e.) the D.A being counted for the purpose of pay fixation in the Revised Scale of Pay 1999, may also be counted for working out average emoluments for computing pension. [G.O.Ms.No.4, Fin & Plg (FW Pen-I) Dept. dt. 27-01-2000]

33. [Superannuation pension:-

A superannuation pension shall be granted, subject to Rule 45, to a Government Servant who is retired as per Rule 42. - Rule 33 was substituted in G.O.Ms.No. 178, F&P (FW.Pen.I) Department. dt 22-10- 97 w.e.f 29-10-79. And the earlier rule 33 was as follows :

“A superannuation pension shall be granted to a Government servant who is retired as per rule 42” ]

34. Retiring Pension:-

A retiring pension shall be granted to a Government servant who retires, or is retired, in advance of the age of compulsory retirement, in accordance with the provisions of Rule 43 or Rule 44 of these rules. 

35. Pension on absorption in or under a corporation, company or body:-

A Government servant who has been permitted to be absorbed in a service or post in or under a corporation or company wholly or substantially owned or controlled by the Government or in or under a body controlled or financed by the Government shall, if such absorption is declared by the Government to be in the public interest, be deemed to have retired from service from the date of such absorption and shall be eligible to receive retirement benefits which he may have elected or be deemed to have elected, and from such date as may be determined, in accordance with the orders of the Government applicable to him.1[Subject to rule 45] Provided that the Government shall have no liability for the payment of family pension in such a case.

36. Conditions governing grant of pension to persons on absorption in or under a corporation, company or body:-

(1) The Government servants opting for permanent absorption in the public enterprises on or after 16th June, 1967 may be given the following pensionary benefits:-

(a) The pro rata pension or Retirement Gratuity, as the case may be, with reference to the pension rules by which he is governed before his absorption in the autonomous body and retirement gratuity based on the length of his qualifying service under Government till the date of absorption. The pension will be calculated on the basis of average emoluments for *10 months preceding the date of absorption and the Retirement Gratuity on the basis of emoluments drawn immediately before absorption.

(b) In cases where an officer at the time of absorption has less than 10 years service and is not entitled to pension, the question of proportionate pension will not arise. He will only be eligible to proportionate service gratuity in lieu of pension and to Retirement Gratuity based on length of service.

(2) The amount of pension/gratuity and the Retirement Gratuity should be currently worked out and should be intimated to the officer as well as the undertaking as and when an officer is absorbed.

1. The bracketed portion was added by G.O.Ms.No 178, F & P (FW.Pen-I) Dept., dt. 22-10-97 w.e.f. 29-10-79. * Please refer G.O.Ms.No 87 F&P (FW.Pen.I) Dept. dt. 25-5-98 

(3) The pro rata pension, gratuity, etc. admissible in respect of the service rendered under Government would be disbursable only from the date the Government servant would have normally superannuated had he continued in Government service. 1[Provided that in the case of Government servant who is absorbed in any public undertaking or any state owned autonomous company, corporation or body, either on the basis of his application or otherwise, the prorata pension, gratuity etc., admissible in respect of the service rendered by such employee under the Government would be disbursable immediately on the date of such absorption or if the absorption took place prior to the 1st February, 1980, then on or after the 1st February, 1980, if he had put in a qualifying service of not less than twenty years on the date of such absorption. In case, he had not put in twenty years of qualifying service on the date of his absorption, the pro-rata pension, gratuity etc, shall be paid on or after the date on which he would have completed twenty years of qualifying service had he continued in Government service. Note: The absorbed employee before drawing the pro-rata pensionary benefits as indicated above, shall be required to give an undertaking to the effect that in the event of his service with the public undertaking, corporation or body etc., terminating at the instance either of the employer or himself within a period of two years from the date of his retirement from Government service and permanent absorption in the public undertaking, corporation or body he would obtain the approval of Government before he takes up any private employment. The undertaking should invariably be obtained by the concerned authorities before allowing the pro rata pensionary benefits to the absorbed employee] 

2(3-A) In cases covered by the proviso to sub-rule (3) the lumpsum amount in lieu of pension shall be calculated only with reference to the commutation table in force on the date on which such absorption/invalidation takes place or on the date on which the employee would have completed twenty years of qualifying service had he continued in Government service whichever is later] 

1. Proviso and note was added by G.O.Ms.No. 229, Fin & Plg. (FW. Pen-I) Dept. dt. 10-8-83.

2. Sub rule 3-A was added by G.O.Ms.No. 229, Fin & Plg. (FW. Pen-I) Department., dt. 10-8-83. 61

(4) The officer will exercise an option, within six months of his absorption, for either of the alternatives indicated below:

(a) Receiving the monthly Pension and Retirement Gratuity already worked out, under the usual Government arrangements;

(b) Receiving the gratuity and a lumpsum amount in lieu of pension worked out with reference to commutation tables obtaining on the date of superannuation 1[or the date of absorption/ invalidation or completion of twenty years of qualifying service had the officer continued in Government service, whichever is later]

(5) Where no option is exercised within the prescribed period, the officer will automatically be governed by alternative (b) above.

(6) Option once exercised shall be final.

(7) The option shall be exercised in writing and communicated by the officer concerned to the undertaking.

(8) Where an officer retires from the service of a public undertaking before his date of superannuation, the proportionate pension and Retirement Gratuity will not be paid to him till such time as he actually attains the age of superannuation. This will be the case irrespective of the option exercised by him. 2[Provided that where a Government servant retires on or after 29th October, 1979, from the service of any public undertaking before the date of his superannuation on account of permanent invalidation or in the case of death while in service on or after the said date, the proportionate pension and Retirement Gratuity shall be settled immediately on such invalidation and retirement from service on that ground or on the death of the employee irrespective of the option exercised by him.]

(9) Cases of resignation from a public undertaking etc., will be treated as resignation from Government service entailing forfeiture of the earlier service under Government and loss of the pensionary benefits.

(10) For the period of service rendered in a public undertaking etc., the absorbed officers will be entitled to all the benefits etc., admissible to other corresponding employees of the organisation. 

1. Bracketed portion was added by G.O.Ms.No.229, Fin & Plg. (FW:Pen-I) Dept. dt. 10.8.83.

2. Proviso was added by G.O.Ms.No.229, Fin & Plg. (FW.Pen.I) Dept. dt 10.8.83. 62

(11) The total pension or gratuity admissible in respect of the service rendered under the Government and that under the public undertaking etc., should not exceed the amount that would have been admissible had the officer continued in Government service and retired on the same pay which he drew on retirement from public undertaking etc.

(12) Any further liberalisation of pension rules decided upon by Government after the permanent absorption of a Government servant in a public undertaking will not be extended to him.

(13) In cases where an officer has opted to receive pension but wishes to commute a portion of the pension, such commutation will be regulated in accordance with the Government rules in force at the time of his superannuation [or the date of absorption/invalidation or completion of twenty years of qualifying service had the officer continued in Government service whichever is later. - The bracketed words were added by G.O.Ms.No. 229, Fin & Plg. (FW:Pen-I) Dept., dt. 10.8.1983.]

(14) The concession referred to in the preceding paragraphs should be extended to the following cases also subject to the same conditions.

(a) Government employees transferred to an autonomous organisation consequent on the conversion of a Government Department into an autonomous body;

(b) State Government employees permanently absorbed in Central Government’s Companies/Corporations/Public Sector Undertakings; and

(c) State Government employees who have been selected by the State Government Companies, Corporations, Public Sector Undertakings on the basis of their applications.

(15) Retrospective absorption in the service of the company / corporation/Public Sector Undertakings is not permissible.

Executive Instructions 

Instructions in the case of Central Government employees or Central undertaking employees absorbed in state autonomous bodies and employees of the central autonomous bodies absorbed in the State Government and State autonomous bodies and vice-versa:-

(1) The Government of Andhra Pradesh accepted to bear the pensionary liability on account of the retirement benefit on pro-rata basis in respect of the employees of the State Government and State autonomous bodies absorbed in Central autonomous bodies and in respect of the employees of State autonomous bodies absorbed in Central Government in accordance with the instructions contained in the office memorandum No.26 (18) EV (B) 75, dated 8-4-1976 of Government of India, Ministry of Finance, Department of expenditure and office Memorandum No.28/10/84-Pension unit dated 29-8- 1984 of Government of India, Ministry of Home affairs, Department of Personnel and Administrative Reforms. In so far as State employees are concerned even temporary service shall be reckoned for purposes of pension. Extracts of the above two office memorandae are annexed. These orders shall take retrospective effect from 7-2-1986. (G.O. Ms. No.135, Fin. & Plg. (PW:Pen.II) Dept., dated 19-5-1987)

Annexure 

Copy of O.M. No.26(18)-E.V. (B)/75, Government of India, Ministry of Finance Department of Expenditure), New Delhi, dated the 8th April, 1976, addressed to All Ministries and copied to all State Governments. —

Sub :- Permanent transfer of Government servants to autonomous bodies - Grant of retirement benefits. The undersigned is directed to state that need has been felt for some ti me past of consolidating at one place, the instructions/orders issued from time to time and still in force on the subject mentioned above. Accordingly, it has been decided, in supersession of all the orders issued on the subject so far by this Ministry and the Department of Personnel to bring out the salient features of the existing instructions in this O.M. This may please be brought to the notice of all Administrative authorities in or under the Ministry of Home Affairs etc., for information/guidance and compliance. 

Basis of calculation of retirement benefits :

2. Such of the Government servants as were deputed or transferred to a body corporated owned or controlled by Government or whose services were lent to such a body, should, in the event of their permanent absorption in service under that body w.e.f. a date prior to 16-6-1967 be paid an amount equal to what Government would have contributed had the officer been on contributory provident fund terms under Government, together with simple interest thereon at 2% for the period of his pensionable service under Government. In such cases the interest (2%) on the total balance of contribution should be calculated for the entire period of pensionable service of the Government servant rendered prior to his permanent absorption in an autonomous body. The amount is to be credited to his C.P. Fund account with the autonomous body as an opening balance on the date of permanent absorption and Government’s liability in respect of the Officer’s pensionable service under them would be treated as extinguished by this payment. This decision applies, however, only where the permanent transfer from Government service to an autonomous body is in the public interest and the transfer is to a Government or to a quasi-Government Corporation or an autonomous body and not to a private institution. In all other cases, Government will not accept any liability to pay any retirement benefits for the period of service rendered by the officer before his transfer. The concession is not to be claimed as a matter of right but is sanctioned at the discretion of Government in individual cases where it is merited, and each case has to be referred to the Department of personnel and the Ministry of Finance. Retirement Benefits - Transfer to new account :

3. Credit to the Contributory Provident Fund Account of the Government servant permanently absorbed in the service of a body corporate wholly or partially owned by Government, as indicated above, was to be given as an opening balance on the date of absorption, in cases of those permanently absorbed upto 17-8-1964. In cases of those absorbed thereafter, the credit was only to be given either after the Government servant had rendered five years service under that body (including any period of service rendered immediately before permanent absorption) or on the date on which he would have retired had he continued in Government service, whichever was earlier.

Transfer of Provident Fund Balances:

3A. (i) According to Explanation III below Rule 31 of the General Provident Fund Rules and corresponding Rule 33 of Contributory Provident Fund Rules (India), 1962 which provides that when a subscriber is transferred, without any break, to service under a body corporate owned or controlled by Government, the amount of subscription, together with interest thereon, shall not be paid to him but shall be transferred, with the consent of that body, to his new Provident Fund Account under that body. It has been, however, decided that in cases where the corporate bodies do not have any Provident Fund Scheme or whose Provident Fund Rules do not provide for the acceptance of balance from other Provident Funds, the amount in question should be finally paid to the person concerned at the time of his permanent transfer to such a body. In cases where the Provident Fund money is accepted by the corporate body subject to fulfilment of certain conditions viz., that the Government servant should complete the probationary period with them or that he should be confirmed in a post under them, the PE money of the persons concerned may be retained with Government till such time as it is transferred to the body concerned. In such cases the PE account of the individual concerned would cease to be ‘alive’ on the date of permanent transfer of the person concerned to such a body. In other words, no withdrawals from the Provident Fund will be permitted for any purpose including payment of premium towards life insurance policies. Fresh subscription to the Fund, except recoveries in respect of outstanding advances, shall not be accepted. The PF money held by Government would continue to earn interest at the normal rate till the date of transfer of the amount to the corporate body.

(ii) In respect of the Government servants permanently absorbed in the public sector undertakings, the position is as follows:-

The amount of subscriptions, together with interest thereon standing in the PF account of a Government Officer opting for service under an enterprise may, if he so desires, be transferred to his new Provident Fund account under the enterprise provided the concerned enterprise also agrees to such a transfer. If, however, the subscriber does not desire the transfer or the concerned enterprise does not operate a Provident Fund, the amount aforesaid shall be refunded to the subscriber. Similarly in the case of CPF the amount of subscription and the Government contribution together with interest thereon, of a subscriber opting for service under a public enterprise may, if he so desires, be transferred to his new PF account under the enterprise if the concerned enterprise also agrees to such transfer. If, however, the subscriber does not desire the transfer or the concerned enterprise does not operate a provident fund the amount aforesaid shall be refunded to the subscriber.

4. The retirement benefits granted to a Government servant who is permanently absorbed in an autonomous body/public sector undertaking have been reviewed and the following revised terms were sanctioned in respect of those absorbed on or after 16-6-1967;.

(i) A permanent Government servant on absorption in a public undertaking is eligible for pro-rata pension and DCRG based on the length of his qualifying service under Government till the date of absorption. The pension will be calculated on the basis of average emoluments for three years preceding the date of absorption and the DCRG on the basis of the emoluments immediately before absorption.

Payment of Service Gratuity in lieu of Pension:-

In cases where a Government servant at the time of absorption has less than 10 years’ service and is not entitled to pension, the question of proportionate pension will not arise, he will only be eligible to proportionate service gratuity in lieu of pension and to DCRG based on length of service. (ii) The amounts of pension/gratuity and the DCRG would be concurrently worked out and will be intimated to the Government servant concerned as well as the undertaking as and when an officer is absorbed. Exercise of Option:

(iii) Every Government servant is to exercise an option, within six months of his absorption, for either of the alternatives indicated below:

(a) Receiving the monthly pension and DCRG already worked out, under the usual Government arrangements.

(b) Receiving the gratuity and a lumpsum amount in lieu of pension worked out with reference to commutation tables obtaining on the date from which the pro-rata pension, gratuity etc, would be disbursable. Where no option is exercised within the prescribed period, the officer will automatically be governed by alternative (b) above. Option once exercised shall be final. The option shall be exercised in writing and communicated by the Government servant concerned to the undertaking/autonomous body.

(iv) Cases of resignation from a public undertaking /autonomous body will, for the purpose of these orders, be treated as resignation from Government service, entailing forfeiture of earlier service under Government and loss of the pensionary benefits under these orders. 

(v) For the period of service rendered in a public undertaking autonomous body, the absorbed officers will be entitled to all the benefits admissible to other corresponding employees of the organisation.

(vi) The total gratuity admissible in respect of the service rendered under the Government and that under the public undertaking/autonomous body should not exceed the amount that would have been admissible had the Government servant continued in Government service and retired on the same pay which he drew on retirement from the public undertaking autonomous body.

(vii) Non admissibility of liberalisations of Pension Rules after absorption: Any further liberalisation of pension rules decided upon by Government after the permanent absorption of a Government servant in a public undertaking/autonomous body would not be extended to him. However, the benefit of further liberalisation in pension shall also be allowed to a Government servant after his permanent absorption, if, in any case, such liberalisation is sanctioned retrospectively w.e.f. a date prior to the date of such absorption. Commutation of Pension:

(viii) In cases where an officer has opted to receive pension as at (iii) (a) above but wishes to commute a portion of the pension, such commutation will be regulated in accordance with the Government rules in force at the time of commutation of his pension. Public Interest: The above decisions will apply only where the permanent transfer from Government service to a public undertaking/autonomous body is in the public interest. In all other cases, Government will not accept liability to pay any retirement benefits for the period of service rendered by Government servant before his transfer. Deputation on one’s own violation: Pensionary benefits admissible in cases of absorption with effect from 21-4-1972.

5. Permanent transfer of Government servants who apply in response to a press advertisement etc., for posts in autonomous bodies/public sector undertakings whether incorporated or not, which are wholly or substantially owned by the Government of India is not treated as in the public interest and the Government has no liability to pay any retirement benefits or for carry forward of leave for the period of service rendered under the Government. However, on the position being reviewed further, it was decided that a permanent Government servant who has been appointed in an autonomous body financed wholly or substantially by Government on the basis of his own application shall, on his permanent absorption in such body w.e.f. 21-4-1972 or thereafter be entitled to the same retirement benefits in respect of his past service under the Government as are admissible to a permanent Government servant going on deputation to an autonomous body and getting absorbed therein, except carry forward of leave. Finance Ministry’s prior approval:

6. In all such cases of grant of pro-rata retirement benefits to Central Government employees, under the orders quoted in the preceding paragraphs, the administrative Ministers are required to consult the Ministry of Finance before orders are issued in each individual case. However, in respect of the non-gazetted employees of the Indian Audit and Accounts Department, the C&AG will be the competent authority to confer retirement benefits. A question had also been raised whether retrospective absorption is permissible in terms of the orders referred to above. Such question would arise in cases where a person is initially sent to such a company /corporation on deputation and deputation period is sought to be curtailed retrospectively. While a person is on deputation, leave/pension contributions are payable to Government by the company etc., or the person concerned. Retrospective absorptions may lead to claim for refund or non-payment of such contributions which cannot be withheld or refunded under the rules. In view of this it has been decided not to allow retrospective absorption of the employees on deputation to the companies/corporations etc.

Carry forward of leave:

7. In respect of deputationists who opt for absorption in any statutory body or autonomous organisation owned or controlled by Government such body or organisation should take over the liability in regard to leave on average pay/earned leave that the optee has to his credit at the time of leaving Government service and in return Government shall pay to the statutory body/ autonomous organisation a lumpsum equal to leave salary for the leave on average pay/earned leave due to the Government servant on the date of his permanent absorption in such body/organisation. While issuing the final sanction for the absorption of the optee in the autonomous organisation, the administrative Ministry/Cadre authority concerned should also incorporate the provision with regard to payment of lumpsum equal to leave salary by Government. This benefit will be available only in cases where the permanent transfer from Government service to a statutory body/ autonomous organisation is in public interest. These orders take effect from 20-2-71 and cases already decided otherwise will not be reopened. Refixation of pay: The pay of the Government servant permanently absorbed in an autonomous body will be refixed as re-employed pensioner w.e.f. the date from which he becomes entitled to draw the pro-rata retirement benefits.

Family Pension:

8. (i) The families of Government servants permanently absorbed in the autonomous bodies w.e.f. 16-6-1967 will also be eligible for family pension under Rules 54 and 55 of CCS (Pension) Rules, 1972.

(ii) The benefit of family pension will be admissible only to the families of those who were/are actually in receipt of pension from the Central Government after their absorption in autonomous body/public undertaking. This benefit will not be admissible to the families of those who got only the service gratuity i.e., who were/are absorbed before rendering 10 years qualifying service under the Government. Family pensions will, however, also be admissible to the families of those Government servants absorbed in the public sector undertakings/autonomous bodies who draw the lumpsum amount in lieu of monthly pension on their absorption on the date of its becoming due and thus do not draw any monthly pension on the date of death. Similarly Family Pension will also be payable to the families of those whose monthly pension or lumpsum amount has not become payable and is disbursable from the earliest date of voluntary retirement but the pensioner dies before that date without receiving these benefits.

(iii) This benefit will also be admissible to the families of such Government servants as have been appointed in the autonomous bodies financed wholly or substantially by Government on the basis of their own applications and granted retirement benefits on their permanent absorption therein in respect of the past service under the Government.

(iv) Grant of family pension will be subject to the usual contribution of two months emoluments of the Government servant at the time of permanent absorption in an autonomous body/undertaking. Persons who have already drawn the pension and other benefits on absorption should deposit their two months contribution within six months from 8th October, 1975.

(v) Family pension will be admissible from only one source, i.e., either from the Central Government or the public sector undertaking/autonomous bodies in cases such organisation has a similar scheme for payment of family pension. The beneficiary may be given option to choose either of the two schemes.

(vi) It will be the responsibility of the pension sanctioning authority to process the claim for family pension, forwarding to the audit office for issue of an authority after satisfying itself that no such claim exists in the public sector undertaking/autonomous body or that the undertaking or autonomous body has not extended its family pension scheme to the person concerned.

(vii) The above orders will apply automatically to the cases in which necessary Government sanction has already been issued. Therefore, it is not necessary to issue formal amendments to the relevant sanction letters. Suitable provision will, however, be incorporated in the relevant sanctions to be issued hereafter.

Consultation with Parent Department:

9. In all cases where a Government servant is to be absorbed permanently by the foreign employer under his organisation it would be incumbent to consult the parent employer before issuing order absorbing the Government servant permanently in his service. The orders of permanent absorption should be issued only after the resignation of the Government servant has been accepted by the Government and w.e.f. the date of such acceptance. Formal Resignation not necessary: 10. With the coming into force of CCS (Pension) Rules, 1972 (which inter-alia, contain a provision of deemed retirement in the case of Government servants absorbed permanently in the public sector undertaking/autonomous body). It has now been decided that obtaining of formal resignation is not necessary if an individual is deemed to have retired from service by virtue of Rule 37 of CCS (Pension) Rules, 1972 i.e., consequent on the conditions required by this Rule, viz., permission should have been granted to the absorption in the service of the company or other body corporate, the absorption should be declared by the Government to be in the public interest, there should be an actual order of absorption and the Government servant should also consent to such absorption, being satisfied. Commutation and exemption from Income-Tax :

11. In accordance with Rule 37 of CCS (Pension) Rules, 1972, a Government servant who has been permitted to be absorbed in a service or post in or under a corporation or company wholly or substantially owned or controlled by the Government or in or under a body controlled or financed by the Government shall, if such absorption is declared by the Government to be in the public interest, be deemed to have retired from service from the date of such absorption. Each such Government servant is required under the relevant orders applicable to him to exercise an option within six months of his absorption for either of the alternatives indicated below:

(a) receiving the monthly pension and DCRG under the usual Government arrangements, or

(b) receiving the gratuity and a lumpsum amount in lieu of pension worked out with reference to the commutation tables obtaining on the date from which the commuted value becomes payable. Where no option is exercised within the prescribed period, the Government servant is automatically governed by alternative (b).

12. A person opting for alternative (a) is entitled to commutation of a portion of the pension admissible to him in accordance with the provisions of Civil Pension (Commutation) Rules. 13. It has been decided that where a Government servant elects the alternative (b) referred to above he should be granted;

(i) on an application made in this behalf, a lumpsum amount not exceeding the commuted value of 1/3rd of his pension as may be admissible to him in accordance with the provisions of Civil Pension (Commutation) Rules;

(ii) a terminal benefit equal to twice the amount of lumpsum referred to it (i) above subject to the condition that the Government servant surrenders his right of drawing 2/3rd of his pension. The commuted value of 1/3rd of the pension mentioned at (i) above will be exempt from income-tax whereas the terminal benefit component mentioned at (ii) above will be chargeable to tax as the income of the year in which it is due. However, the recipient will be eligible for a relief in tax in respect of the said amount; such relief being calculated by spreading the amount equally over the three preceding years immediately preceding the year in which the payment is received and subjecting it to tax at the average of the average rates applicable to the total income of those years after adding thereto one-third of the amount. The relief in such cases is to be granted by the Central Board of Direct Taxes and an application for such relief under Section 89(1) of the Income-Tax Act should be made to the Board through the ITO concerned.

14. In the case of Government servants who opt for or are automatically governed by the alternative (b) in para 11 above, the payment of monthly pension will commence from the due date pending their medical examination in accordance with the provision of the Civil Pension (Commutation) Rules. The commutation shall become absolute and the title to receive the commuted value shall accrue on the date on which the Medical Board (Authority) signs the medical certificate. If the Medical Board (Authority) directs that the age of the employee for the purpose of commutation shall be assured to be greater than his actual age, the person concerned will have the opportunity to change his option for receiving a lumpsum in lieu of monthly pension to receiving the monthly pension by written notice despatched within two weeks from the date on which he receives intimation of the finding of the Medical Board (Authority). If the applicant does not change his option within the period of two weeks prescribed above, he shall be assumed to have accepted the findings of the Medical Board (Authority). Date of payment of pro-rata retirement benefits:

15. A Government servant who is permitted to be absorbed in the public interest in a public sector undertaking or autonomous body is deemed to have retired from Government service from the date of his absorption in public sector undertaking or autonomous body and his retirement benefits are determined with reference to the length of qualifying service rendered under Government till the date of his absorption. In the case of absorption in an autonomous body from 16-6-1967 onwards or a public sector undertaking prior to 8-11-1968, retirement benefits become payable either from the earliest date from which Government servant could have retired voluntarily under the rules applicable to him or from the date of absorption in the undertaking/ corporation whichever is later. 

16. Procedure for drawal of pro-rata retirement benefits: Clarifications have been sought as to the procedure which should be followed for sanctioning and authorising the payment of retirement benefits to those absorbed in public sector undertakings and autonomous bodies. Since the Government servants are deemed to have retired from Government service on the date of absorption, the procedure laid down in Chapter (viii) of CCS (Pension) Rules, 1972 which applies to Government servants who retire in normal course, should mutatis mutandis apply in the case of Government servants who are absorbed in the public interest in a public sector undertaking or in an autonomous body. The disbursement of the retirement benefits should be authorised from the date indicated in Government’s letter allowing the Government servant to be absorbed in public sector undertaking or autonomous body.

17. In respect of an employee who held non-gazetted posts before absorption, Forms 6 and 7 of CCS (Pension) Rules, 1972 should be filled in by the Head of Office and forwarded to the Audit Officer for determining final amount of pension and death-cum-retirement gratuity. Where the retirement benefits are payable from the date of absorption, the Head of Office should obtain the particulars required under paras 2 to 4 of Form 5 and forward the same to the Audit Officer along with the pension papers. The Audit Officer after applying the necessary audit checks, will inform the absorbed employee, autonomous body/public sector undertaking and the Head of Office of the amount of pension and DCR Gratuity and the date from which they are payable to him. Where the retirement benefits become payable from a date subsequent to the date of absorption, the particulars required under paras 2 to 4 of Form 5 should be furnished to the Audit Officer by the absorbed employee through his employer six months before the date on which the payment of the retirement benefits is to commence to enable him to issue PPO/G.P.O.

18. In respect of employees who held gazetted posts before absorption, action to fill in Form 7 should be initiated by the Audit Officer. The Audit Officer after determining the amount of pension and DCR Gratuity will inform the absorbed employee, autonomous body/public sector undertaking and Head of Office / Department of the amount of retirement benefits and the date from which they are payable to him. Where the retirement benefits are payable from the date of absorption, the Audit Officer will also obtain the particulars required under paras 2 to 4 of Form 5 through the employer of the absorbed employee before authorising payment of retirement benefits. In other cases the particulars required under paras 2 to 4 of Form 5 should be furnished to the Audit Officer by the absorbed employee through his employer six months before the date on which the payment of the retirement benefit is to commence. As soon as Government orders regarding absorption of a Government servant are issued the Head of Office will forward Form 7 duly completed to the Audit Officer and such other information as the Audit Officer may require.

19. The procedure laid down in Chapter VIII of the CCS (Pension) Rules, 1972 may be adopted keeping in view the position stated in these orders,. The provisions contained in Chapter VIII for authorising payment of provisional pension for a period of six months and 3/4 of the DCRG by the Head of Office need not be observed in the case of an employee who before his absorption had held a non-gazetted post. Payment of the retirement benefits will be received by the employee concerned from the treasury of his own choice. Benefit of service rendered under Government in respect of Scientific employees:

20. On the basis of the recommendations of the Second Pay Commission (i) for counting towards pension of service rendered by scientific employees of semi-Government Institutions, financed from cess or Government grants, on their appointment to a pensionable service under the Government of India; and (ii) the rate of pension contribution payable by universities when they borrow service of Government servants who are Scientists and Technologists, it was decided as follows:-

(i) A scientific employee of a semi-Government institution which is financed wholly or mainly cess or Central Government grants who was on a CPF basis in such an institution may, on permanent appointment without any interruption to a pensionable service or post under the Government of India count his previous service in that institution during which he subscribed to that Fund as service qualifying for pension provided that the contribution together with interest thereon paid by the institution is made over to the Government. The service during which he did not subscribe to the CPF will not be so reckoned unless the previous employer agrees to bear proportionate charges on account of pensionary benefits for the service so rendered. If, however, the officer was not on a CPF basis in such an institution, his previous service will be reckoned as qualifying for pension if the previous employer agrees to bear proportionate charges on account of pensionary benefits.

(ii) If the services of a Government servant who is a scientist or a technologist are lent to a university, the rate of pension contribution, which the university will pay, will be restricted to the rate at which it contributes to the Provident Fund of its employees. These orders take effect from 28-3-1960 and past cases of transfer will be regulated in accordance with the orders already in force. The concession sanctioned in para 1 (i) is admissible to all officers who were in service of the Government of India on 28-3-1960 provided that ; (i) the officers who had already drawn the Contributory Provident Fund benefits in respect of their service under the semi-Government institutions refund either in lumpsum or in monthly instalments not exceeding twelve in number, the institution’s share of contribution together with interest thereon from the date of withdrawal to the date of final payment. The title to count service for pension will not accrue until the amount refundable and interest thereon have been refunded in full.

(ii) if no such benefit had been received, the previous employer agrees to bear the proportionate pensionary liability.

21. With a view to increasing mobility of scientific talent all round, the benefit of the concessions contained in para 20 should also be made available to scientific employees of Government going over to Central autonomous organisations like CSIR etc., without break. These orders will also apply to Central Universities.

22. The pensionary liability in such cases will be allocated on the basis of length of service in case the autonomous organisation, where the officer takes up service, has pensionary benefits for its employees. The Government of India would discharge their liability by payment of capitalised value of their share of pension together with the share of gratuity, if any, to the autonomous organisation on retirement of the officer from the service of such an organisation. Similar procedure should apply in the event of death of an officer while in service of the autonomous organisation. In other cases Government’s liability will be discharged by way of payment of pro-rata retirement benefits for the part of service rendered under the Government before absorption according to the instructions contained in the preceding paragraphs.

23. It was clarified in this Ministry’s OM No.12(4)-EV/60 dated 5-6-1969 that in the case of Scientific employees of Government going over to the Central autonomous organisations like CSIR etc., without break on or after 16-6-1967, the pensionary liability will be discharged by way of payment of pro-rata retirement benefits for the part of service rendered under the Government. As a result of the issue of this clarification, Scientific employees belonging to Government Departments who get absorbed in the autonomous body which has the pensionary benefits to its employees, have been deprived of the pensionary benefits i.e.., benefit of pension of combined service by counting the service rendered under the Government as well as autonomous organisation. The position has been reviewed as a result of representations from scientific employees and it has been decided that such employees belonging to Government Departments on their absorption in autonomous bodies which have pensionary schemes will, on retirement from service of the autonomous body concerned become eligible for pensionary benefits based on the combined service rendered under Government and the service rendered under the autonomous body. Death benefits, if admissible under the rules of the autonomous body, will also be payable to such an absorbed employee. The pensionary liability including liability arising out of grant of death benefits will continue to be allocated as aforesaid. Thus, the provisions of this Ministry’s clarificatory orders dated 5-6-1969 will cease to apply to a scientific employee who is absorbed in an autonomous body which has a pensionary scheme.

24. The provisions of the orders contained in para 23 shall not apply to a scientific employee absorbed in an autonomous body who before 12-9- 1974 had quit the service of the autonomous body or who while in the service of the autonomous body has started receiving or has become eligible to receive the pro-rata pension etc. However, a scientific employee who was absorbed in an autonomous body before 12-9-1974 but had not become eligible to receive the pro-rata pension etc., will get retirement benefits in terms of these orders i.e., benefit of pension on the basis of combined service. State Government employees absorbed in Central autonomous bodies.

25. Normally when a State Government servant is absorbed in a Central autonomous body the liability for the benefits accruing for the past service rendered by him under a State Government falls on that Government and should be discharged by them. However, in case a State Government refuses to bear the liability the question whether it should be taken over by the autonomous body will arise only if the absorption is considered inescapable. In such cases the autonomous body should in their proposal relating to the initial appointment or absorption of the State Government employees bring out specifically and clearly the extra expenditure involved in absorbing the employee so that this factor is given due weight by Government before it is decided to absorb him. In so far as the persons working in the Indian Audit and Accounts Department are concerned, these orders have been issued after consultation with the Comptroller and Auditor General of India.

(2) Copy of OM No.28/10/84-Pension Unit, Government of India, Ministry of Home Affairs, Department of Personnel & Administrative Reforms, New Delhi addressed to all State Governments, dated 29-8-1984. — Sub: Mobility of personnel between Central Government Departments and Autonomous Bodies - Counting of service for pension. As per existing orders, service rendered outside Central Government does not count for pension in Central Government except in the case of scientific employees of autonomous bodies financed or controlled by the Government, who on permanent absorption under the Central Government are allowed to count their previous service for pension subject to certain conditions. In respect of personnel other than scientific employees, who are permanent in Central Government, in the event of their subsequent permanent absorption in public sector undertakings or any autonomous body, proportionate retirement benefits for the service rendered in Government till the date of permanent absorption are allowed as per rules in force at the time of absorption. No such benefit is allowed to temporary employees going over to autonomous body or undertakings.

2. A number of Central autonomous/statutory bodies have also introduced pension scheme for their employees on the lines of the pension scheme available to the Central Government employees. It has, therefore, been urged by such autonomous/statutory bodies that the service rendered by their employees under the Central Government or other autonomous bodies before joining the autonomous body may be allowed to be counted in combination with service in the autonomous body, for the purpose of pension, subject to certain conditions. Similar provisions for employees of autonomous body going over to Central Government have also been urged. In other words, the suggestion is that the benefit of pension based on combined service should be introduced.

3. This matter has been considered carefully and the President has now been pleased to decide that the cases of Central Government employees going over to a Central autonomous body or vice-versa and employees of the Central autonomous body moving to another Central autonomous body may be regulated as per the following provisions:-

(a) In case of Autonomous Bodies where Pension Scheme is in operation

(i) Where a Central Government employee borne on pensionable establishment is allowed to be absorbed in an autonomous body, the service rendered by him under the Government shall be allowed to be counted towards pension under the autonomous body irrespective of whether the employee was temporary or permanent in Government. The pensionary benefits will, however, accrue only if the temporary service is followed by confirmation. If he retires as a temporary employee in the autonomous body, he will get terminal benefits as are normally available to temporary employees under the Government. The same procedure will apply in the case of employees of the autonomous bodies who are permanently absorbed under the Central Government. The Government /autonomous body will discharge its pension liability by paying in lumpsum as a onetime payment, the pro-rata pension/service gratuity/terminal gratuity and DCRG for the service up to the date of absorption in the autonomous body / Government, as the case may be. Lumpsum amount of the pro-rata pension will be determined with reference to commutation table laid down in CCS (Commutation of Pension) Rules, 1981, as amended from time to time.

(ii) A Central Government employee with CPF benefits on permanent absorption in an autonomous body will have the option either to receive CPF benefits which have accrued to him from the Government and start his service afresh in that body or choose to count service rendered in Government as qualifying service for pension in the autonomous body by foregoing Government’s share of CPF contributions with interest, which will be paid to the concerned autonomous body by the concerned Government Department. The option shall be exercised within one year from the date of absorption. If no option is exercised within stipulated period, employee shall be deemed to have opted to receive CPF benefits. The option once exercised shall be final.

(b) Autonomous body where the Pension Scheme is not in operation :

(i) A permanent Central Government employee borne on pensionable establishment, on absorption under such autonomous body will be eligible for pro-rata retirement benefits in accordance with the provisions of the Ministry of Finance OM No.26(18)EV(B)/75 dated the 8th April, 1976, as amended from time to time. In case of quasi-permanent or temporary employees, the terminal gratuity as may be admissible under the rules would be actually payable to the individual on the date when pro-rata retirement benefits to permanent employees become payable. However, in the case of absorption of a Government employee with CPF benefits, in such an autonomous organisation, the amount of his subscription and the Government’s contribution, if any, together with interest thereon shall be transferred to his new Provident Fund account with the consent of that body.

(ii) An employee of an autonomous body on permanent absorption under the Central Government will have the option either to receive CPF benefits which have accrued to him from the autonomous body and start his service afresh in Government or choose to count service rendered in that body as qualifying service for pension in Government by foregoing employee’s share of CPF contributions with interest thereon, which will be paid to the concerned Government Department by the autonomous body. The option shall be exercised within one year from the date of absorption. If no option is exercised within stipulated period, employee shall be deemed to have opted to receive CPF benefits. The option once exercised shall be final.

(c) Absorption of employees of one Central Autonomous body in another Central Autonomous body The above procedure will be followed mutatis mutandis in respect of employees going from one autonomous body to another. 4. “Central autonomous body” means body which is financed wholly or substantially from cess or Central Government grants. “Substantially” means that more than 50 per cent of the expenditure of the autonomous body is met through cess or Central Government grants. Autonomous body includes a Central statutory body or a Central University but does not include a public undertaking. Only such service which qualifies for pension under the relevant rules of Government/Autonomous body shall be taken into account for this purpose. 5 (1) The employees of a Central autonomous body or Central Government, as the case may be who have already been sanctioned or have received pro-rata retirement benefits or other terminal benefits for their past service will have the option either:-

(a) to retain such benefits and in that event their past service will not qualify for pension under the autonomous body or the Central Government as the case may be; or (b) to have the past service counted as qualifying service for pension under the new organisation in which case the pro-rata retirement or other terminal benefits, if already received by them, will have to be deposited along with interest thereon from the date of receipt of those benefits till the date of deposit with the autonomous body or the Central Government, as the case may be. The right to count previous service as qualifying service shall not revive until the whole amount has been refunded. In other cases, where pro-rata retirement benefits have already been sanctioned but have not yet become payable, the concerned authorities shall cancel the sanction as soon as the individual concerned opts for counting of his previous service for pension and inform the individual in writing about accepting his option and cancellation of the sanction. The option shall be exercised within a period of one year from the date of issue of those orders. If no option is exercised by such employees within the prescribed time limit, they will be deemed to have opted for retention of the benefits already received by them. The option once exercised shall be final.

(2) Where no terminal benefits for the previous service have been received, the previous service in such cases will be counted as qualifying service for pension only if the previous employer accepts pension liability for the service in accordance with the principles laid down in this office Memorandum. In no case pension contribution/liability shall be accepted from the employee concerned.

6. These orders will be applicable only where the transfer of the employee from one organisation to another was/ is with the consent of the organisation under which he was serving earlier, including cases where the individual had secured employment directly on his own volition provided he had applied through proper channel/with proper permission of the administrative authority concerned.

7. These orders will take effect from the date of issue and the revised policy as enunciated above will be applicable to those employees who retire from Government/autonomous body service on or after the date of issue of these orders. The provisions contained in the Ministry of Finance Office Memorandum No.26 (18)EV (B)/75 dated the 8th April 1976 and office Memorandum No.25(1) EV/83, dated the 8th September, 1983 or any other orders shall, in so far as it provides for any of the matters contained in this office Memorandum cease to operate.

8. The Ministry of Education and Culture etc., are requested to advise the autonomous/statutory bodies under their administrative control, with specific directions to the Financial Advisers concerned, to ensure to make necessary provisions in their Rules and Regulations/Articles of Association in accordance with the provisions contained in this Office Memorandum. In cases where any practice otherwise than enumerated above is presently being followed the same may be revised in accordance with the provisions of this Office Memorandum so that uniformity is maintained in such matters in all the organisations.

9. In so far as persons serving in the Indian Audit and Accounts Department are concerned these orders issue after consultation with the Comptroller and Auditor General of India.

37. Invalid Pension: -

(1) A Government servant who is declared by the appropriate medical authority to be permanently incapacitated for further service in accordance with the instructions on the subject may be granted invalid pension;1[subject to Rule 45] [2] 

(2) Where the medical authority referred to in sub-rule (1) had declared a Government servant fit for further service of less laborious character than that which he has been doing, he may, 

1.The words were added by G.O.Ms.Nos.178, Fin & Plg (FW.Pen.I) Department. dt 22-10-97 w.e.f 29-10-79.

Note :

The important provisions relating to invalidation of Government employees are incorporated in Appendix III. 2. Proviso (1) under rule 37 was omitted by G.O.Ms.No 178, Fin & Plg (Fw.Pen.I) Dept, dt. 22-10-97 w.e.f. 29-10-79. The earlier proviso was as follows :- “Provided that the Invalid Pension shall not be less than the amount of family pension [as admissible under sube rule (2) of rule 50] which would have been admissible to his family had he not been alive on the date on which he was invalidated.” 82 if possible, be employed on lower pay and if there be no means of employing him even on a lower pay he may be admitted to invalid pension. (3) (a) If the incapacity is directly due to the irregular or intemperate habits of a Government servant, no invalid pension may be granted.

(b) If the incapacity has not been directly caused by such habits, but has been accelerated or aggravated by them, it shall be for the pension sanctioning authority to decide what reduction should be made on this account. (4) [1] 1. The sub-rule (4) under rule 37 the orders issued by G.O.Ms.No.35, F&P (FW.Pen.I) Dept., dt 10-4-2000 was cancelled by G.O.Ms.No.814, Finance (Pen.I) Department, dt 23-9-2002 w.e.f 27-4-2002. The cancelled sub-rule was as follows : [For the purpose of this rule the appropriate Medical Authority shall be; a Medical Board constituted for this purpose as specified below :-

(i) Where there are teaching hospitals, other than Rangareddy and Hyderabad Districts, the Medical Board shall consists of the Superintendent of the Government General Hospital and two Doctors of the cadre of Civil Surgeon nominated by the Superintendent of Government General Hospital, among them one should be a specialist in the disease/illness with which the employee is suffering and seeking medical invalidation and in case of a lady employee seeking medical invalidation, of the two Civil Surgeons, one should be a lady Civil Surgeon.

(ii) In the case of Rangareddy and Hyderabad Districts, the Medical Boards shall be the Medical Boards already existing in Osmania General Hospital and Gandhi General Hospital.

(iii) In all other districts, the District Co-ordinator of the District Headquarters Hospitals of the Andhra Pradesh Vaidya Vidhana Parishad and two doctors of the cadre of Civil Surgeon nominated by the District Co-ordinator, of whom one should be a specialist in the disease/illness with which the employee is suffering and seeking medical invalidation and in case of a lady employee seeking medical invalidation, of the two Civil Surgeons, one should be a lady Civil Surgeon where the District Headquarters Hospitals of the Andhra Pradesh Vaidya Vidhana Parishad does not have necessary expertise to decide the matter for want of the concerned specialist doctor, it may be referred the case to the nearest teaching hospital for obtaining their opinion before making their recommendations.

(5) The Government employee seeking retirement on medical invalidation shall apply to the concerned appointing authority and the appointing authority shall refer the case to the above Medical Boards as and when the application received. The Medical authority shall also be supplied by the appointing authority with a statement of what appears from the official records to be the age of the applicant.

Note 1 : 

The medical Certificate referred to this rule should invariably be drawn up in Medical Form No. 1-17 (Civil Medical Form No. 32)

Note 2 :

All cases in which it is certified that the incapacity for service is due to irregular, intemperate habits should be submitted to Government for orders through the proper channel, together with the opinion of the Director of Medical Services.

Note 3 :

The disease from which a government employee is suffering is curable by an operation or treatment, but this, he refuses to undergo and is therefore invalid. In these circumstances no pension or gratuity is admissible. The Government consider that each case of invalidation on account of curable disease should be decided on merits.

(6) The District Level Committee and the State Level Committee shall be constituted with the following officers namely :-

(a) District Level Committee of Officers :

1. District Collector ...... Chairman 2. District Medical and Health Officer ...... Member 3. District head of the Department in which the employee is seeking retirement on medical invalidation. ....... Member/ Convenor (b) State Level Committee of Officers :

1. Special Chief Secretary/Principal Secretary to Government nominated by the Government ... Chairman 

2. Principal Secretary or Secretary to Government, Health Medical and Family Welfare Department .... Member

3. Director of Medical Education .... Member

4. Secretary to Government of the Department in which the employee is seeking retirement on Medical Invalidation. .... Member

5. Deputy Secretary or Joint Secretary or Additional Secretary to Government, Health Medical and Family Welfare Department. .... Member/ Convenor (7) (i) The District Level Committe shall consider the Medical Invalidation report given by the District Medical Board constituted as mentioned in sub-rule (4) (i), (ii) and (iii) above in respect of District employees and State Level Committee shall consider the Medical Invalidation report given by the Medical Board constituted as mentioned in sub-rule 4 (ii) above in respect of Government employees of Heads of Departments /Secretariat Departments and scrutinise the proposals for retirement on medical invalidation.

(ii) The District Collector who are heading the District Level Committee, shall send the recommendations of the District Level Committees to the concerned District Head of the Department.

(iii) In the case of Government employees of Heads of Departments / Secretariat Departments, the proposals shall be placed before the State Level Committee of Officers directly through Health, Medical and Family Welfare Department in Secretariat based on the recommendations of the Medical Board. Convenor of the State Level Committee of Officers shall send the recommendations of the Committee in each case to the concerned Principal Secretary / Secretary to Government of the Secretariat Department or to the Head of the Department concerned.

(8) Only where the District Level Committees and the State Level Committee of Officers makes a clear recommendations for retirement on Medical Invalidation, the concerned District Head of the Department / Head of the Department/Department of Secretariat / appointing authority shall issue necessary orders permitting the Government employee to retire on Medical Invalidation. II In Appendix III, article 442 and article 445 shall be omittted.] 

38. Compensation pension :-

(1) If a Government servant is selected for discharge owing to the abolition of his permanent post, he shall, unless he is appointed to another post the conditions of which are deemed by the authority competent to discharge him to be atleast equal to those of his own, have the option- (a) of taking compensation pension to which he may be entitled for the service he had rendered, or (b) of accepting another appointment on such pay as may be offered and continuing to count his previous service for pension.

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

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

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

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

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

1[(5) The sanction of compensation pension under this rule shall be subject to Rule 45]

39. Compulsory retirement pension :-

(1) A Government servant compulsorily retired from service as a penalty may be granted, by the authority competent to impose such penalty, pension or gratuity or both at a rate not less than two thirds and not more than full invalid pension or gratuity or both admissible to him on the date of his compulsory retirement. (2) Whenever in the case of a Government servant the Government passes an order (whether original, appellate or in exercise of power of review) awarding a pension less than the full invalid pension admissible under these rules, the Andhra Pradesh Service Commission shall be consulted before such order is passed. Explanation :-In this sub-rule, the expression “pension” includes gratuity. 2[(3) A pension granted or awarded under sub-rule (1) or, as the case may be, under sub-rule (2), shall be subject to Rule 45.]

Executive Instructions

Extending the benefit of commutation of pension on compulsory retirement :

A government servant compulsory retired from service as a penalty and granted Compulsory retirement pension under Rule 39 A.P.R.P.Rs, 1980 may commute a fraction of compulsory retirement pension as per rules in vogue after Medical Examination by the competent authority. The orders shall come in to force w.e.f 17-4-2001. And shall apply to those who retired and granted compulsory retirement pension on or after 17-4-2001. [G.O.Ms.No. 133, F & P (FW PSC) Dept. dt. 17-4-2001] 1. Added by G.O.Ms.No.178 F & P (FW.Pen-I) Department. dt. 22-10-1997, w.e.f. 29-10-1979. 2.Sub-rule (3) of Rule 39 was substituted by G.O.Ms.No. 178, F&P (FW.Pen.I) Dept, dt 22-10- 97 w.e.f. 29-10-79. The earlier sub-rule was as follows : “A pension granted or awarded under sub-rule (1) or, as the case may be, under subrule (2), shall not be less than the limit specified in sub-rule (5) of rule 45”. 

40. Compassionate allowance :-

A Government servant who is dismissed or removed from service shall forfeit his pension and gratuity : Provided that the authority competent to dismiss or remove him from service, may, if the case is deserving of special consideration, sanction a compassionate allowance not exceeding two-thirds of pension or gratuity or both which would have been admissible to him if he had retired on invalid pension.

41. Amount of compassionate allowance :-

A compassionate allowance sanctioned under the proviso to the above rule shall be subject to Rule 45. -  Rule 41 was substituted by G.O.Ms.No. 178 F & P (Pen-I) Department. dt.22-10-1997 w.e.f 29-10-1979.  The earlier rule was as follows : 

“Minimum Compassionate allowance :- 

A compassionate allowance sanctioned under the proviso to the above rule shall not be less than the limit specified in subrule (5) of rule 45.” 

* The provisions contained in FR 56 were omitted by section 7 of A.P. Public Employment (Age of Superannuation) Act 1984.  As per the above Act the age of superannuation is as follows : 

(i) workmen & Last Grade employees - 60 years. 

(ii) others .............................................. - 58 years. 

42. Retirement on attaining the age of superannuation:-

Every Government servant to whom these rules apply shall compulsorily retire on attaining the age of superannuation *as provided in the Fundamental Rules as amended from time to time. Executive Instructions (i) Date on which a Government servant should retire:-

The Government servants are permitted to retire with effect from the afternoon of the last day of the month in which the date of superannuation falls. (except the first of the month). If the date of birth of any Government servant is the first of any month, such Government servant shall retire on the afternoon of the last day of the previous month. (G.O. Ms. No.289, Fin. & Plg. Dept., dated 4-11-1974)

(ii) Treatment of the period of overstayal beyond the age of superannuation in the case of Class IV employees:- In the case of Class IV Government servants who are continued beyond the age of superannuation, the period of overstayal shall be regularised as a case of re-employment and excess pay, if any, paid to the Government servant has to be recovered. (G.O. Ms. No.175, Fin. & Plg. (FW:Pen.I) Dept., dated 27-6-1988)

43. Retirement on completion of 20 years of qualifying service :

(1) A Government servant shall have the option to retire from service voluntarily after he has put in not less than twenty years of qualifying service. Provided that he gives a notice in writing of his intention to retire voluntarily of at least three months to the authority which has power to make a substantive appointment to the post from which he retires: Provided further that [1] a notice of the less than three months may also be accepted by the competent authority. 2[Provided also that, not withstanding anything in Rule 21, Extraordinary leave availed, 3(on any ground other than for prosecuting higher studies within the State/outside the State/Country without receiving any payment except stipends during the period of such leave from any source, but including on medical certificate) shall not be reckoned as qualifying service for purposes of arriving at the qualifying service of twenty years referred to in this rule]

Note:-

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

1. The words “subject to approval of Government” were omitted by G.O.Ms.No.130, Fin & Plg. (FW:Pen.I) Dept, dt. 21.7.1992. 2. The entire proviso was inserted by G.O.Ms.No.147, Fin & Plg (FW:Pen.I) Dept., dt. 11.5.82. 3. The bracketed portion was substituted for the words “on any ground including on medical certificate” by G.O.Ms.No.32, Fin & Plg (FW:Pen.I) Dept., dt 6.2.84 with effect from 30.4.1983. 89 Provided that the request for withdrawal shall be within the intended date of his retirement.

(2) A Government servant retiring under sub-rule (1) shall be entitled to a retiring pension : Provided that such retiring pension shall be subject to the provisions of the Rules (1), 8 and 9.

(3) Where a Government servant opts to retire under sub-rule (1) while on leave not due, the retirement in such cases shall take effect from the date when the leave not due commenced and the employee shall refund the leave salary paid in respect of such leave not due availed of by the employee.

(4) A Government servant opting for retirement under sub-rule (1), shall not retire unless the notice given by him as per proviso to sub-rule (1) is accepted by the competent authority : Provided that the competent authority shall issue an order before the expiry of the notice period accepting or rejecting the notice.

2[(5) Government servants opting for retirement under sub-rule (1) shall be entitled to addition of service for purpose of Pension, a service equal to the difference between the qualifying service actually put in by him and the service he would have put in on the date of superannuation had he continued in service or the difference between such qualifying service and 3[thirty three years] whichever is less, subject to the condition that such difference shall be limited to a maximum of 5 years] Provided further that such a Government servant shall not be eligible for weightage under Rule 29 of these rules.]

1. Rule 6 was deleted w.e.f 25.5.98 through G.O.Ms.No. 90, F & P (FW:Pen-I) Dept., dt. 25-5- 1998.

2. The entire sub rule (5) together with proviso was inserted by G.O.Ms.No. 42, Fin & Plg (FW:Pen.I) Dept., dt. 15.2.1983 with effect from 8.2.1983.

3. The words “thirty years” occuring in the rule were substituted by the words “thirty three years” in G.O.Ms.No.360, Fin & Plg (FW:Pen.I) Dept., dt. 31.12.84 w.e.f. 23.8.1984, which was subsequently given effect to form 8.2.1983 by G.O.Ms.No. 162, Fin & Plg. (FW:Pen.I) Dept., dt. 16.6.1986. 

(6) The option under sub-rule (1) shall not be admissible to a Government servant on deputation to autonomous bodies / corporations/companies/public sector undertakings or institutions wholly or substantially owned by Government who get absorbed in such public undertakings/autonomous bodies or institutions, as the case may be. 

(7) A Government servant retiring voluntarily under sub-rule (1) of these rules shall be subject to Rule 10 of these rules. Note :- Orders permitting/requiring a Government servant to retire after completing twenty years qualifying service should, as a rule, not be issued until after the fact that the officer has indeed completed qualifying service for twenty years has been verified in consultation with Pay and Accounts Officer, Hyderabad/Head of Department/Head of office as the case may be, who maintains service particulars/Book of the Government servant concerned.

Executive Instructions

(i) Counting of periods of extraordinary leave availed by Doctors :- The periods of extraordinary leave availed by the doctors during their service for the purpose of prosecuting higher studies, within the State/outside the State/Country, be counted for reckoning qualifying service for purpose of voluntary retirement, only, provided that no payment is received them during such periods from any source, excluding however, stipends. (G.O. Ms. No.258, M&H Dept., dated 30-4-1983)

(ii) Counting of contingent service prior to conversion as last grade service :-

(a) The contingent service prior to conversion of full time contingent employees into last grade service converted in terms of G.O. Ms. No.38, Fin.&Plg. Department, dated 1-2-1980 and G.O. Ms. No.9, Fin. & Plg. Dept., dated 8-1-1981, will not count, for purposes of completion of 20 years of qualifying service for voluntary retirement. They should put in 20 years of qualifying service exclusively under Government. 

 (Circular Memo No.3016/104/Pen.I/85, dated 25-6-1985 and Circular Memo No.13924-D/678/Pen.I/.90, dated 20-11-1990 Fin.& Plg. Dept.) (b) The above instructions are modified and the contingent service of full time contingent employees, prior to conversion into last grade service was ordered to be counted for purposes of computing twenty years of qualifying service for voluntary retirement. (G.O. Ms. No.19642-E/38/CC/Pen.I/91, dated 23-7-1992 of Fin. & Plg. Dept.) (iii) Expeditious settlement of applications:- Whenever notice of voluntary retirements as per Rule 43 of Andhra Pradesh Revised Pension Rules, 1980, are received from Government servants, they may be settled expeditiously as per the proviso to sub-rule (4) of Rule 43 of the A.P. Revised Pension Rules, 1980, to avoid any unnecessary addition to qualifying service even by granting extraordinary leave for the period of delay. (Circular Memo No.23915/483/Pen.I/86, dated 2-5-1988 of Fin. & Plg. Dept.)

(iv) Procedure for permitting voluntary retirement:-

(a) when a notice of voluntary retirement is given under this scheme, the authority competent to accept the notice shall immediately review the case to see whether departmental disciplinary or Court proceedings are pending or contemplated against the Government servant seeking voluntary retirement, which in this opinion are likely to culminate in major penalty of dismissal or removal from service. The notice of voluntary retirement may be refused in such cases by the competent authority.

(b) The weightage under this scheme will be only an addition to the qualifying service for purpose of pension and gratuity. It will not entitle the Government servant to any notional fixation of pay for the purposes of calculating the pension and gratuity which will be based on the actual emoluments calculated with reference to the date of retirement.

(c) The amount of Pension to be granted after giving weightage will be subject to the provisions contained in Articles 351 and 479 of Civil Service Regulations/Rules 236 and 238 of Hyderabad Civil Service Rules. (G.O. Ms. No.413, Fin. & Plg. (FW:Pen.I) Dept., dated 29-11-1977)

44. Retirement on completion of 1[33] years qualifying service :-

(1) At any time after a Government servant has completed 1[thirty three] years of qualifying service but before attaining 2[58] years of age.

(a) He may retire from service, or

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

Provided that-

(a) The Government servant gives notice in writing to the appointing authority at least three months before the date on which he wishes to retire; or

(b) The appointing authority gives a notice in writing to the Government servant atleast three months before the date on which he is required to retire in the public interest or three months’ pay and allowances in lieu of such notice, as the case may be :

Provided further that where the Government servant giving notice under clause (a) of the preceding proviso is under 1. The figure ‘33’ occuring in the heading, in sub-rule (1) and at two places in the note and the words ‘thirty three’ were substituted as ‘30’ & ‘thirty’ by G.O.Ms.No.42, Fin. & Plg (FW:Pen.I) Dept., dt. 15.2.83 w.e.f. 8.2.1983. It was again substituted as “33” & “thirty three” by G.O.Ms.No.360, Fin & Plg. (FW:Pen.I) Dept., dt. 31.12.84. w.e.f. from 23.8.84 and by G.O.Ms.No.162, Fin. & Plg (FW:Pen.I) Dept., dt. 16.6.86 w.e.f. 8.2.1983.

2. The figure “58” occuring in sub rule (1) was substituted as ‘55’ by G.O.Ms.No.42, Fin & Plg (FW:Pen.I) Dept., dt. 15.2.83 w.e.f. 8.2.1983.

It was again substituted as ‘58’ by G.O.Ms.No.360, Fin & Plg (FW:Pen.I) Dept., dt. 31.12.84 w.e.f 23.8.84 and by G.O.Ms.No.162, Fin & Plg (FW:Pen.I) Dept., dt. 16.6.86 w.e.f 8.2.83. 

 suspension, it shall be open to the appointing authority to withhold permission to such Government servant to retire under this rule.

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

Provided that the request for withdrawal shall be within the intended date of his retirement. Note :- Orders permitting / requiring a Government servant to retire after completing 33 years’ of qualifying service should, as a rule, not be issued until after the fact that the officer has indeed completed qualifying service for 33 years has been verified in consultation with the Pay and Accounts Officer, Hyderabad/ Head of the Department/Head of Office, as the case may be, who maintains the service particulars/book of the Government servant concerned.

45. Amount of pension :-

(1) In the case of a Government servant retiring in accordance with the provisions of these rules before completing qualifying service of ten years, the amount of service gratuity shall be the appropriate amount as set out below namely :-

Completed six monthly periods        Scale of service gratuity 

of qualifying service

            (1)                                                    (2) 

                                                        (A) Gratuity 

            1. 1/2 Months emoluments 

            2. 1 do 

            3. 1 1/2 do 

        4. 2 do 5. 2 1/2 do 6. 3 do 7. 3 1/2 do 8. 4 do 9. 4 3/8 do 10. 4 3/4 do 11. 5 1/8 do 12. 5 1/2 do 13. 5 7/8 do 14. 6 1/4 do 15. 6 5/8 do 16. 7 do 17. 7 3/8 do 18. 7 3/4 do 19. 8 1/8 do (2) In the case of a Government servant retiring in accordance with the provisions of these rules after completing qualifying service of not less than ten years, the amount of pension shall be the appropriate amount as set out below, namely : Completed six monthly periods of qualifying service Scale of pension (1) (2) (B) Pension 20. 10/66ths *of average emoluments 21. 10 1/2/66 do 22. 11/66 do 23. 11 1/2/66 do 24. 12/66 do 25. 12 1/2/66 do 26. 13/66 do 27. 13 1/2/66 do 28. 14/66 do 29. 14 1/2/66 do 30. 15/66 do 31. 15 1/2/66 do 32. 16/66 do 33. 16 1/2/66 do 34. 17/66 do 35. 17 1/2/66 do 36. 18/66 do 37. 18 1/2/66 do 38. 19/66 do 39. 19 1/2/66 do 40. 20/66 do 41. 20 1/2/66 do 42. 21/66 do 43. 21 1/2/66 do 44. 22/66 do 45. 22 1/2/66 do 46. 23/66 do 47. 23 1/2/66 do 48. 24/66 do 49. 24 1/2/66 do 50 25/66 *do 51. 25 1/2/66 do 52. 26/66 do 53. 26 1/266 do 54. 27/66 do 55. 27 1/2/66 do 56. 28/66 do 57. 28 1/2/66 do 58. 29/66 do 59. 29 1/2/66 do 60. 30/66 do 61. 30 1/2/66 do 62. 31/66 do 63. 31 1/2/66 do 64. 32/66 do 65. 32 1/2/66 do 66. 33/66 do 1[Provided that the pension calculated under the above table shall not be less than the pension calculated under the table in force during the period 1. The proviso was added by G.O.Ms.No.162, Fin & Plg (FW:Pen.I) Dept., dt. 16.6.1986.

NOTE:

In the table under sub-rule (2) the figures from “10/66” to “30/66” were substituted as “10/60” to “30/60” respectively and the table from S.No.61 to 66 was omitted by G.O.Ms.No.42, Fin & Plg (FW:Pen.I) Dept., dt. 15.2.83 w.e.f 8.2.83. It was again substituted as “10/66 to 30/66” while restoring the table from S.No.61 to 66 by G.O.Ms.No.360, Fin & Plg (FW:Pen.I). Dept. dt 31.12.84. w.e.f. 23.8.84 and by G.O.Ms.No.162, Fin & Plg (FW : Pen.I) Dept. dt. 16.6.86 w.e.f 8.2 83. * Please refer G.O.Ms.No. 87, Fin & Plg (FW.Pen-I) Dept, dt. 25-5-98 

 in between 8-2-1983 and 22-8-1984 in respect of Government servants who retired during the said period.] (3)(i) In calculating the length of service, fractions of a year equal to six months and above shall be treated as a completed six monthly period. 1[(ii) In the case of a Government servant retiring after the 10th September, 1983, in calculating the length of service, a fraction of a year equal to three months or more shall be treated as a completed one half year.]

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

(5) Where the amount of pension is less than 2[Rs.370] per mensem as per the above calculation, the Pension shall be raised to 2[Rs.370] per mensem.

(6) Nothing contained in sub-rule (5) shall apply to a military pensioner who on his re-employment in civil service or post had elected to draw his military pension under clause (a) of sub-rule (1) of Rule 19, if such a pensioner was allowed the benefit of minimum pension of Rs.40 (if he is a Government of India Military pensioner) or Rs.45/- (if he is a State Government pensioner including temporary increase or ad hoc increase or both) in respect of his military service. 3[(7) In respect of a Government servant who retires on invalid pension, the amount of invalid pension calculated under sub- 

 1. While renumbering the existing rule 3 as 3(i), sub-rule 3(ii) was inserted by G.O.Ms.No.280, Fin & Plg (FW:Pen.I) Dept., dt. 29.8.84 w.e.f. 10.9.83. 2. The expression ‘370’ was substituted by G.O.Ms.No.302, Fin & Plg.(FW:Pen.I) Dept., dt. 30.8.1994 w.e.f. 1-12-1989.

Note 1:

The minimum pension of Rs.45/- was enhanced to Rs. 100/- p.m. w.e.f. 1-4-80 by G.O.Ms.No.97, Fin & Plg (FW:Pen.I) Dept., dt. 7.3.1980. Note 2 : The minimum pension of Rs. 370/- was further enhanced to Rs. 1275/- p.m. w.e.f 1-7- 98 with monetary benefit from 1-4-99 by G.O.(P) No. 156, F&P dt 16-9-99 3. Sub-rule (7) of rule 45 was substituted by G.O.Ms.No.178, F&P (FW.Pen.I) Dept., dt 22-10- 97 w.e.f. 29-10-79. The earlier sub rule was as follows : “In respect of a Government servant who retires on invalid pension, the amount of invalid pension shall not be less than the amount of family pension mentioned is sub-rule (2) of Rule 50.” 97 rule (2) shall not be less than the amount of family pension mentioned in sub-rule (2) of Rule 50.] Executive Instructions Consolidation of Pension (i) Consolidation of Pension W.E.F. 1-7-92 The existing basic Pension/Family Pension/Compassionate Pension/ Compassionate Allowance, in respect of those pensioners retired or died while in service before 1-7-92 and also those who retired or dies while in service on or after 1-7-92 but who had opted for pre-revised scales (i.e.) 1986 pay scales, opted to remain in 1986 pay scales, plus, the amount of Dearness relief on the pension sanctioned w.e.f. 1-7-92 plus 10% increase in the said basic pension subject to a maximum of 250/-, shall be merged and will be known as “Revised Consolidated Pension”. This revised consolidated Pension shall come into force with effect from 1.7.92 with the monetary benefit payable with effect from 1.4.94. The legal heirs of the pensioners who retired prior to 1.7.92 but died subsequently between 1.7.92 and 31.3.94, shall be entitled to arrears due to Revised consolidated Pension and the Dearness relief sanctioned from time to time. The consolidation of pension shall apply to (a) categories of pensioners referred to in para 4 of G.O.P.No 78, Finance dt. 18-3-80.

(b) Jagir and Estate pensioners and 

(c) to pensioners governed by Revised Pension Rules, 1980.

(i) who retired or died prior to 1-7-92

(ii) those who have retried or died on or after 1-7-92 but with out benefit of Revised Pay Scales, 1993. This consolidation of pensions does not apply to :

(i) To those who have been drawing pay in the Revised Pay Sacles, 1993/Revised U.G.C. Scales of 1986 (including those who are governed by the Revised Pay Scles of 1993/Revised U.G.C Scales of 1986 even if, because of administrative reasons, they have not actually drawn the pay in the Revised Pay sacles as yet.

(ii) those who are governed by orders issued in G.O.(P).No. 238, Fin & Plg. (Fin.Wing.Pen.I) Department, dated 4-6-1993.

(iii) Financial Assistance Grantees who are not getting Dearness Relief.  98 [G.O.(P).No.303, Fin & Plg (FW-Pen.I) Dept., dt. 02-09-94]

(ii) Consolidation on both the pension permissible :-

Where a pensioner is drawing two pensions (i.e.) Family pension and Service pension, consolidation of pensions shall be allowed on both the pensions separately. However, such pensioners shall be entitled to Dearness Relief on only one pension whichever is more beneficial to the pensioner. [Circular Memo.No.18564-C/204/PSC/95 dt. 31-10-1995 of Fin & Plg (FW-Pen.I) Department]

(iii) Consolidation of Pension W.E.F. 1-7-98 to those retired prior to 1-7-98 :-

The existing pension/Family pension/Compassionate Pension/ compassionate Allowance, in respect of those pensioners who retired or died while in service before 1-7-98 and also those who retired or died while in service on or after 1-7-98 but who had opted for the pre-revised scales i.e. 1993 Pay Scales and 25% of increase in the said basic pension, and Dearness Relief as on 1-7-98, shall be merged and will be known as Revised Consolidated Pension. The pensions of the pensioners who retired prior to 1- 7-1986 shall also be increased with the percentages given below in addition to the above 25% for consolidation of their Revised Pensions. Periods of Retirement Weightages to be given (a) Pensioners retired prioir to 1.1.1974 ......... 6% (b) Pensioners retired in between 1.1.74 and 31.3.78 .......... 3% (c) Pensioners retired in between 1.4.78 and 30.6.86 .......... 2% The orders of consolidation of pension to pensioner retired in prerevised scale of 1999 are applicable to (1) (a) All Government Pensioners in receipt of Service Pensions, Family Pensions under Revised Pension Rules, 1951, Andhra Pradesh Liberalised Pension Rules, 1961 and Andhra Pradesh Government Servants (Family Pension) Rules, 1964.

(b) Teaching and non-teaching pensioners of Municipalities, Panchayati Raj Institutions and Aided Educational Institutions, in receipt of pensions under the Andhra Pradesh Liberalised Pension Rules, 1961, and Andhra Pradesh Government Servants (Family Pension) Rules, 1964.

(c) Teaching and non-teaching staff in Aided Educational Institutions in receipt of pensions under the Contributory Provident Fund-cum-Pension and Gratuity Rules, 1961 and Andhra Pradesh Liberalised Pension Rules, 1961.

(d) Those drawing family pensions under the G.O.Ms.No.22, Fin & Plg (FW.Pen.I) Dept., dt. 16-01-1971, G.O.Ms.No.104, Fin & Plg (FW.Pen.I) Department., dt. 13-4-73 and G.O.Ms.No.25, Fin & Plg (FW.Pen.I) Dept., dt. 02-02-1974.

(e) Pensioners in receipt of Compassionate Pension under the rules for Compassionate Pensions and Gratuities in the Hyderabad Civil Services Rules; and

(f) Those in receipt of Pensions under the Extraordinary Pension Rules. (2) Jagir and Estate Pensioners and (3) Pensioners governed by Revised Pension Rules, 1980 (i) who retired or died prior to 01-07-1998 and (ii) also those who retired or died on or after 01-07-98 without the benefit of Revised Pay Scales 1999. If the consolidated pension falls short of Rs. 1275/- p.m. the same shall be raised to Rs. 1275/- p.m. The revised Consolidated pension shall come into force w.e.f. 1.7.98 with monetary benefit from 1.4.99. The employees retired in between 1.7.98 and 1.4.99 are eligible for notional revision of pension with monetary benefit from 1.4.99. No difference on Retirement Gratuity and Commutation shall be allowed on the pension notionally fixed. This consolidation of pension is not applicable to :-

(i) Those who have been drawing pay in the Revised Pay Scales 1999 / Revised U.G.C/ICAR/AICT Pay Scales of 1986/1996 (including those who are governed by Revised Pay Scales of 1999 / Revised U.G.C. Scales 1986/1996. 

(ii) Pensioners/Family pensioners of the members of the AP State Higher Judicial Service and AP State Judicial Service ; and

(iii) Financial Assistance grantees who are not getting Dearness Relief. [G.O (P).No.156 Fin & Plg (FW.Pen.I) Dept. dt. 16.9.99]

(iv) Interest on delayed Payment of pension - recovery from pension sanctioning Authorities :-

The procedure for payment of pension was detailed in Appendix-I of A.P. Revised Pension Rules 1980. As per that, advance action has to be taken by the employees and the pension sanctioning authorities so as to settle the pension by the time employee retires. In spite of that, there are cases where interest was paid on pension following the court orders due to not proceesing the pension case in advance. It is therefore ordered that the amount of interest paid on pension, shall be recovered from the Pension sanctioning authority. [G.M.No. 37989-A/494/A2/Pen-I/98 dt. 21-04-99 of Fin & Plg (FW-Pen.I) Dept] (v) Enhancement of Minimum Pension and Financial Assistance :-

(a) The existing minimum pension of Rs.370/- per month is enhanced to Rs. 1275/- p.m. W.E.F. 01.07.1998 with monetary benefit from 1-4-99.

(b) In respect of pensioners drawing two pensions (Viz)Service Pension & Family Pension, both pensions are separately eligible for enhancement to a minimum of Rs. 1275/- p.m. However the pensioner is entitled to Dearness Relief on only one pension whichever is more beneficial to the Pensioner.

(c) The existing Financial Assistance of Rs. 370/- p.m shall be enhanced to Rs. 750/-p.m w.e.f. 1-7-98 and monetary benefit from 1-4-99. No Dreaness Relief will be admissible on the financial assistance. [G.O.(P). No. 156 Fin & Plg (FW:Pen.I) Dept, dt. 16.9.99] 

(vi) Financial Assistance to the surviving widows of teachers of Aided Educational Institutions and Aided Colleges who died while in service not admissible who are employed :-

The Financial Assistance sanctioned in G.O.Ms.No.340, F&P (FW.Pen.I) Dept., dt 30-12-1982 shall not be admissible to the widows who are employed, even if otherwise eligible for aforesaid Finanical Assistance. [G.O.Ms.No.90, Finance (Pen.I) Dept. dt. 15-2-2003] (vii) Revision of minimum pension to the surviors of class IV employees of Nizam-E-Jamith of Ex-Hyderabad Government The minimum pension from Rs. 370/- to the Nizam-E-Jamith pensioners of Ex-Hyderabad Government is enhanced to Rs.1275/- p.m. w.e.f. 1-4-99. [Cir. memo.No. 5044/12/A2/Pen.I/ Dept. dt. 14-03-2002]

46. Retirement Gratuity :-

[(1) (a) A Government servant, who has completed five years qualifying service and has become eligible for service gratuity or pension under Rule 45, shall on his retirement, be granted retirement gratuity:- Sub-rule (1) substituted w.e.f. 1-7-1992 by G.O.(P) No. 235, Fin.& Plg.(FW:Pen.I) Dept. dt. 1- 6-1993 as amended by G.O.(P). No. 48, Fin & Plg. (FW:Pen.I) Dept., dt. 15-2-1994. ]

(A) In case he draws pay in Revised Scales of Pay 1993, a sum equal to:-

(i) 1/4th of emoluments for each completed six monthly period of service, subject to a maximum of fifteen times the emoluments or Rupees sixty-five thousands whichever is less; or

(ii) 3/16th of emoluments for each completed six monthly period of service, subject to a maximum of 12.375 times the emoluments or Rupees one lakh, whichever is less; in accordance with the choice exercised by him in this behalf; and 

(B) In case he does not draw pay in the Revised Scales of Pay 1993, a sum equal to:-

(i) 1/3rd of emoluments for each completed six monthly period of service, subject to a maximum of twenty times the emoluments, or Rupees fifty thousands, whichever is less; or (ii) 1/4th of emoluments for each completed six monthly period of service subject to a maximum of 16 1/2 times the emoluments, or Rupees one lakh whichever is less; in accordance with the choice exercised by him in this behalf ;

(b) If a Government servant dies while in service after completing five years qualifying service, the amount of retirement gratuity shall be calculated as if he had 18 years of qualifying service or his actual qualifying service, whichever is more; and it shall be paid to his family in the manner indicated in sub rule (1) of Rule 47] 1[(1-A) Interest shall be allowed on delayed payment of retirement gratuity as prescribed from time to time subject to the following conditions, namely :-

(i) the sanction of Government in the administrative Department concerned should be obtained with the concurrence of the Finance Department for payment of interest in every case, explaining the reasons for the delay in the payment of gratuity. In all cases where interest has to be paid to a retired Government servant under this sub-rule action should be taken against the officer responsible for the delay in sanctioning the gratuity. 1. Sub rule (1-A) was introduced by G.O.Ms.No.185, Fin & Plg (FW.Pen.I) Dept., dt. 9.11.92. (A)

NOTE: 

Prior to 1.7.92, the rule position was as follows. 1(a) In the case of retirement after putting in a qualifying service of five years; the Retirement gratuity shall be one-third of his emoluments for each completed six monthly period of qualifying service, subject to a maximum of 20 times the emoluments or Rs.30,000/- whichever is less.

(b) The ceiling of Rs.30,000/- was enhanced to Rs.36,000/- w.e.f. 31.1.82. as per the amendment issued by G.O.(P) No.141, Fin & Plg. (FW.Pen.I) Dept., dt. 26.4.1993.

(c) The ceiling was further enhanced to Rs.50,000/- w.e.f. 31.3.1989 as per the amendment issued in G.O.(P) No.142, Fin & Plg. (FW:Pen.I) Dept., dt.26.4.1993. 

(d) w.e.f. 31.3.1990 the formula for Retirement gratuity was as follows. 

(i) one-third of the emoluments for each completed six monthly period of service subject to a limit of 20 months emoluments or Rs.50,000 whichever is less. OR 

(ii) one-fourth of the emoluments for each completed six monthly period of service subject to the limit of 16 1/2 months emoluments or Rs.1,00,000/- which ever is less in accordance with the choice exercised by the Government servant. (G.O.(P)No.143, Fin & Plg. (FW:Pens.I) Dept., dt. 26.4.93) (B)

NOTE : 

After 30-1-99, the rule position was as follow : 

(i) The formula for calculation of Retirement Gratuity was changed as 1/ 4th of the Pay last drawn for each completed six monthly periods of service (subject to a maximum of sixty six monthly periods) or 16 1/2 months pay last drawn or Rs.1,75,000/- whichever is less in respect of employees who retired / died on or after 30-01-1999. As per G.O.Ms.No.14, Fin & Plg (FW.Pen.I) Dept., dt 30-01-1999. 

(ii) The ceiling was further enhanced from Rs. 1,75,000/- to Rs. 2,50,000 /- w.e.f. 1-4-99 without any change in the formula for calculation as ordered in G.O.mention in (i) above, in respect of employee who retired / died on or after 1-4-1999. As per G.O.Ms.No.157, Fin & Plg (FW.Pen.I) Dept., dt 16-9-1999. II. In the case of death while in service after completing five years qualifying service the amount of Retirement gratuity shall not be less than *9 times his emoluments subject to the monetary ceilings specified in (i) above from time to time. *G.O.Ms.No.14, F&P (FW.Pen-I) Dept., dt. 30-1-99 (ii) where disciplinary or judicial proceedings against a Government servant are pending on the date of his retirement, provisional pension is authorised under Article 351-B of Andhra Pradesh Pension Code - Volume I/Rule 52 of the Andhra Pradesh Revised Pension Rules, 1980. No gratuity is paid in such cases until the conclusion of the proceedings and issue of final orders thereon. The gratuity, if allowed to be drawn by the competent authority on conclusion of the proceedings will be deemed to have fallen due on the date of issue of final orders by the competent authority in such proceedings. 

(iii) these orders shall not apply to arrears of gratuity which may become due as a result of enhancement of the emoluments after retirement or liberalisation in the pension rules, from a date prior to the date of retirement of the Government servant, and (iv) interest will be allowed only where it is clearly established that the payment of Retirement Gratuity was delayed on account of administrative lapse or for reasons beyond the control of the Government servant concerned.] 1[(2) If a Government servant, who has become eligible for a service gratuity or pension, dies within five years from the date of his retirement from service, including compulsory retirement as a penalty, and the sums actually received by him at the time of his death on account of such gratuity or pension including relief on pension admissible from time to time, if any, together with the retirement gratuity admissible under sub-rule (1) and the commuted value of any portion of pension commuted by him are less than the amount equal to gratuity calculated in the manner laid down in sub-rule (1) (a) on the basis of 18 years qualifying service, a residuary gratuity equal to the deficiency may be granted to his family in the manner indicated in sub-rule (1) of Rule 47.] 2(3) (a) If a Government servant dies in the first year of qualifying service a retirement gratuity equal to gratuity calculated in the manner laid down in sub-rule (1) (a) on the basis of 3 years qualifying service, shall be paid to his family in the manner indicated in sub-rule (1) of Rule 47. 

(b) If a Government servant dies after completion of one year qualifying service but before completing five years of qualifying service, the amount of retirement gratuity shall be equal to gratuity calculated in the manner laid down in the sub-rule (1)(a) on the basis of 9 years qualifying service] (4) The emoluments for the purpose of gratuity admissible under this rule [3] shall be reckoned in accordance with rule 31: Provided that if the emoluments of a Government servant have been 

1. Sub-rule (2) was substituted w.e.f. 1.7.92 by G.O.(P) No. 235, Fin & Plg. (FW:Pen.I) Department., dt. 1.6.1993 as amended by G.O.(P) No.48, Fin.& Plg. (FW:Pen.I) Dept., dt. 15.2.1994.

2. Sub-rule (3) was substituted w.e.f. 1.7.92 by G.O.(P)No.235, Fin & Plg. (FW:Pen.I) Department., dt. 1.6.93 as amended by G.O.(P)No.48, Fin & Plg.(FW:Pen.I) Dept., dt. 15.2.94. 3. The words “shall be subject to a maximum of two thousand four hundred rupees per mensem and” were omitted by G.O.(P)No.143, Fin & Plg (FW:Pen.I) Dept., dt. 26.4.93 w.e.f. 31.3.90. 105 reduced during the last ten months of his service otherwise than as penalty, average emoluments as referred to in Rule 32 may, at the discretion of the pension sanctioning authority, be treated as emoluments. (5) For the purposes of this rule and Rules 47, 48 and 49 ‘family’ in relation to a Government servant, means:-

(i) Wife or wives in the case of a male Government servant,

(ii) Husband, in the case of a female Government servant,

(iii) Sons including step sons, posthumous son, and adopted sons (whose personal law permits such adoption)

(iv) Unmarried daughters including step daughters, posthumous daughters and adopted daughters. (whose personal law permits such adoption)

(v) Widowed daughters including step daughters an adopted daughters,

(vi) father (including adoptive parents in the case of

(vii) mother individualswhose personal law permits adoption,)

(viii) Brothers below the age of 18 years including step brothers. (ix) Unmarried sisters and widowed sisters including step sisters (x) married daughters, and (xi) Children of a pre-deceased son.

1[Note :-

The amount of retirement gratuity shall be fixed and be expressed in whole rupees and where the retirement gratuity contains a fraction of a rupee, it shall be rounded off to the next higher rupee] 2[(6)] Recovery and adjustment of government dues :-

(1) It shall be the duty of the head of Office to ascertain and assess the Government dues payable by a Government servant due for retirement. 

1. This note was added by G.O.Ms.No.276, Fin & Plg. (FW:Pen.I) Dept., dt.27.7.1994. 2. Sub-rule (6) was inserted by G.O.Ms.No.85, Fin & Plg. (FW.Pen.I) Dept.,dt. 12.7.1999.

(2) The Government dues as ascertained and assessed by the Head of office which remain outstanding till the date of retirement of the Government servant shall be adjusted against the amount of retirement gratuity becoming payable. 

(3) The expression “Government dues” includes.-

(a) dues pertaining to Government accomodation including arrears of licence fee if any.

(b) dues relating to balance of house building or conveyance or any other advance, over payment of pay and allowances or leave salary, and arrears of income-tax deductible at source under the Income-Tax Act, 1961, and any other amounts due to Government. 

(c) amounts specified in Sub-rule (7) of rule 9 of the Andhra Pradesh Revised Pension Rules, 1980]. Executive Instructions (a) Failure to exercise option for alternative formula:- With effect from 31-3-1990, the alternative formula for Retirement Gratuity has to be allowed basing on the option exercised by the Government servant/family members of the deceased Government servants within the time limits specified therein. If the option was not exercised, the Retirement Gratuity has to be calculated under the formula whichever is beneficial to the employee. (G.O. Ms. No.242, Fin. & Plg. (FW:Pen.I) Dept., dated 4-5-1990) (b) Rate of interest on Gratuity:- (i) The rate of interest on belated payment of Retirement Gratuity was 5% for the period beyond three months. (G.O. Ms. No.116, Fin. & Plg. (FW:Pen.I) Dept., dated 7-4-1980) (ii) Interest may be allowed to those who retire or die while in service on or after 7-10-1986, on delayed payment of Retirement Gratuity at the rate of 7% per annum for the period beyond three months and upto one year and beyond one year at 10% per annum, after the gratuity becomes due and payable till the end of the month preceding the month in which the payment is actually made. (G.O. Ms. No.268, Fin. & Plg. (FW:Pen.I) Dept., dated 7-10-1986.

(c) Simplified procedure to settle the cases of employees who die while in service:- If the deceased Government servant, on the date of death has rendered more than five years but less than eighteen years of qualifying service and the spell of last five years’ service has been verified and accepted by the Head of Office / Department, the amount of Retirement Gratuity shall be subject to the minimum specified in Rule 46(1)(b). Where the verified and accepted service is less than five years of qualifying service, the amount of Service Gratuity shall be as in rule 46(3). If he had rendered more than Eighteen years of service and the entire service is not capable of being verified and accepted, the family of the deceased Government servant, shall be allowed Retirement Gratuity as per rule 46(1)(b) on provisional basis. Final amount of the Retirement Gratuity shall be determined by the Head of the Office/Department on the acceptance and verification of entire spell of service which shall be done by the Head of Office / Department within a period of 6 months from the date of payment of provisional gratuity was issued. The balance, if any, becoming payable as a result of determination of the final amount of Retirement Gratuity shall then be authorised to the beneficiaries. (G.O. Ms. No.78, Fin. &Plg. (FW:Pen.I) Dept., dated 4-3-1983)

(d) Retirement Gratuity is not admissible to the second wife: Retirement Gratuity is not admissible to the second wife, as marrying another wife (when one wife is living) without obtaining the approval of Government, is contrary to Rule 25 of A.P. Civil Services (Conduct) Rules, 1964. (Circular Memo No.11027-B/26/Pen.I/87, dated 20-8-1991 of Fin. & Plg. (FW:Pen.I) Dept.)

(e) Enhancement of maximum limit of Retirement Gratuity :- The retirement gratuity under sub-rule 1(a) of these rules shall be granted equal to 1/4th of pay last drawn for each completed six monthly periods of service (subject to max of 66 times of such six monthly periods) or 16 1/2 (sixteen and half) months pay last drawn or Rs. 1,75,000/- whichever is less. The relevant provision shall be deemed to have been modified to the extent of these orders from the date of issue (i.e.) 30-1-99, and enhancement apply to those who retired/whose death taken place on or after 30-1-99. [G.O.Ms.No. 14, F&P (FW.Pen.I) Dept., dt 30-1-99] (f) Enhancement of maximum limit of Retirement Gratuity w.e.f 01-04-99 :- The maximum of limit of Retirement Gratuity under this rule be raised to Rs. 2.50,000/- from Rs. 1,75,000/- w.e.f. 1-4-99. The formula for calculation of Retirement Gratuity shall be as ordered in para 3 of G.O.Ms.No. 14, F&P (FW.Pen.I) Dept. dt 30-1-99 as specified in the above instructions. These orders shall apply to all government servant who retired or whose death taken place on or after 1-4-99. [G.O.Ms.No 157, F&P (FW.Pen.I) Dept., dt 16-9-99]

47. Persons to whom gratuity is payable :-

(1)

(a) The gratuity payable under Rule 46 shall be paid to the person or persons on whom the right to receive the gratuity is conferred by means of nomination under Rule 49;

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

(i) if there are one or more surviving members of the family, as in clauses (i), (ii), (iii) and (iv) of sub-rule (5) of Rule 46 to all such members in equal shares;

(ii) if there are no such surviving members of the family as in subclause (i) above, but there are one or more members as in clauses (v), (vi), (vii), (viii), (ix), (x) and (xi) of sub-rule (5) of Rule 46 to all such members in equal shares.

(2) if a Government servant dies after retirement without receiving the gratuity admissible under sub-rule (1) of Rule 46 the gratuity shall be disbursed to the family in the manner indicated in subrule (1). 

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

(4) Where gratuity is granted under Rule 46 to a minor member of the family of the deceased Government servant, it shall be payable to the guardian on behalf of the minor.

Note 1:- 

If a nominee, who was entitled to receive the amount of retirement gratuity on the date of death of the Government servant dies before getting the payment, the right to the amount or share of the gratuity shall pass on to the alternative nominee or nominees. In case there are no alternative nominees, the amount or share of gratuity shall be paid in equal shares to the co-nominees of the person concerned, if any, and failing that, it shall be distributed in equal shares among the surviving members of the family of the deceased Government servant as in the case of no nomination.

Note 2 :-

Payment of minor’s share of Retirement Gratuity to guardian:-

(i) Payment of the minor(s)’ share of retirement gratuity is to be made to the natural guardian of the minor(s), and in the absence of a natural guardian, to the persons who furnishes a guardianship certificate.

(ii) The legal position as to whom the share of a minor in the capacity of minor’s natural/legal guardian would be payable is explained as under:-

(1) Where no valid nomination subsists:

(a) When a share is payable to minor sons or minor unmarried daughters, it should be paid to the surviving parent except in the case when the surviving parent happens to be a Muslim lady. Where, however, there is no surviving parent, or the surviving parent is a Muslim lady, payment will have to be made to the persons producing the guardianship certificate. 

(b) When a share is payable to widowed minor daughter(s), production of a guardianship certificate would be necessary.

(c) If in a rare case the wife herself happens to be a minor, the retirement gratuity payable to her shall be paid to the person producing the guardianship certificate.

(d) When there are no surviving members of the family as in clauses (i), (ii), (iii) and (iv) of sub-rule (5) of Rule 46 and the retirement gratuity becomes payable to a minor brother or a minor unmarried sister, the payment should be made to the father or, in his absence to the mother of the beneficiary except in a case where the mother happens to be a Muslim lady. In this case too, if there is no surviving parent or the surviving parent happens to be a Muslim lady, the payment will have to be made to the person producing the guardianship certificate. If any share is payable to a widowed minor sister, the production of guardianship certificate would be necessary.

(e) Where the share is payable to a married minor girl in whose favour a valid nomination subsists, the share shall be payable to her husband.

Note 3 :-

Special Relaxation for payment of minor’s share without guardianship certificate, up to the extent of Rs.5,000/- (1) Note (2) lays down that the payment of minor’s share of retirement gratuity is to be made to the person producing a guardianship certificate when there is no surviving parent or the surviving parent is a Muslim lady. It has been represented that in many cases, the production of guardianship certificate causes great inconvenience and entails delays in the settlement of the claims. 

(2) It has been decided in modification of the above decision that payment of retirement gratuity to the extent of Rs.5,000/- (or the first Rs.5,000/- where the amount payable exceeds of Rs.5,000) in favour of a minor may be made to his/her guardian, in the absence of a natural guardian, without the production of formal guardianship certificate but subject to the production of an indemnity bond with suitable sureties to the satisfaction of the sanctioning authority. The balance in excess of Rs.5,000/ -, if any, would become payable on the production of a certificate of guardianship. 

(3) It is essential, however, that there should be adequate prima facie grounds for making payment as in para (2) above, to the persons claiming it. Such ground can exist only if he is shown by a sworn declaration to be a defacto guardian and his bonafides have been ascertained. Even if a guardian has not yet been appointed by the Court, if the minor and his property are in the custody of some person, such person is in law a defacto guardian. The authorities making the payment should, therefore, require the person who comes forward to claim payment on behalf of the minor, to satisfy them by an affidavit that he is in-charge of the property of the minor and is looking after it or that, if the minor has no property other than the gratuity, the minor is in his custody and care. The affidavit so to be produced is in addition to the indemnity bond with suitable sureties.

(4) The indemnity bond which is to be required to be produced by a defacto guardian of minor(s) for payment of retirement gratuity to the extent of Rs.5,000 should be executed in the prescribed form.

(5) The indemnity bond should be signed by the obliger and the surety/sureties or their respective attorneys appointed by power(s) of attorney. The indemnity bond on behalf of the Governor should be accepted by an officer duly authorised under Article 299(1) of the Constitution.

Executive Instructions

(i) Procedure to be followed in the case of deceased Government servants who have not filed nomination prior to death:- Where it is found that the Government servants have not nominated any one before their death, to receive the terminal benefits, the sanctioning authority should issue a registered notice to the heirs at the last known address for submission of the required papers with guidelines as to how to complete and submit them. (G.M. No.046 454-c/656/PSC.1/82, Fin. & Plg. (FW:PSC) Dept., dated 2-12-1982)

(ii) Relinquishment of right to receive Retirement Gratuity not permissible:- Relinquishment of his/her share of Retirement Gratuity in favour of another member of family (in the absence of valid nomination for Retirement Gratuity) is not permissible under A.P. Liberalised Pension Rules, 1961 and A.P. Revised Pension Rules 1980. Therefore, the Retirement Gratuity has to be paid according to rules only even if any of the member may volunteer or desire that his/her share may be paid to some other member of the family. (Govt’s Lr.No.85082-B/1051/Pen.I/84-2, dated 9-2-1985 of Fin. & Plg. (FW:Pen.I) Dept., to the A.G., A.P)

48. Lapse of Retirement Gratuity :-

(1) Where a Government servant dies while in service or after retirement without receiving the amount of gratuity and leaves behind no family and-

(a) has made no nomination, or

(b) the nomination made does not subsist, the amount of retirement gratuity payable in respect of such Government servant under Rule 46 shall lapse to the Government.

49. Nominations :-

A Government servant, shall, on his appointment make a nomination in Form 1 or Form 2, as may be appropriate in the circumstances of the case, conferring on one or more persons the right to receive the retirement gratuity payable under Rule 47 :

Provided that if at the time of making the nomination-

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

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

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

(3) A Government servant may provide in the nomination-

(i) that in respect of any specified nominee who predeceases the Government servant, or who dies after the death of the Government servant but before receiving the payment of gratuity, the right conferred on that nominee shall pass to such other person as may be specified in the nomination: Provided that if at the time of making the nomination the Government servant has a family consisting of more than one member, the person so specified shall not be a person other than a member of his family; Provided further that where a Government servant has only one member in his family, and a nomination has been made in his favour, it is open to the Government servant to nominate alternate nominee or nominees in favour of any persons or a body of individuals, whether incorporated or not;

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

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

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

Provided that he shall, along with such notice, send a fresh nomination made in accordance with this rule.

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

(7)(a) Every nomination made (including every notice of cancellation, if any, given) by a Government servant under this rule, shall be sent- (i) in the case of Gazetted Government servants who are under the payment control of Pay and Accounts Officer to the Pay and Accounts Officer, and (ii) in the case of Gazetted Government servants who are not under the payment control of Pay and Accounts Officer to the Head of Office.

(b) The Pay and Accounts Officer or the Head of Office, as the case may be, shall, immediately on receipt of the nomination referred to in clause (a), countersign it indicating the date of receipt and keep it under his custody.

(c)(i) the Head of Office may authorise his subordinate gazetted officers to countersign the nomination forms of Gazetted/Non-Gazetted Government servants. (ii) Suitable entry regarding receipt of nomination shall be made in the service book of the gazetted /non-gazetted Government servant.

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

(9) The service gratuity payable to an official who has retired with less than 10 years qualifying service shall not be paid to the persons nominated by the official for retirement gratuity. If the service gratuity could not be paid to the official himself before his death, the same shall be paid to his legal heirs.

50. Family pension :-

(1) The provisions of this rule shall apply :- 

(a) to a Government servant entering service in a pensionable establishment on or after the 29th October, 1979; 

(b) to a Government servant who was in service on 28th October, 1979 and came to be governed by the provisions of these rules Provided in both the cases covered by clauses (a) and (b) he has been medically examined and found fit for appointment under Government prior to his appointment. 

(c) To a Government servant who dies after retirement from service and was on the date of death in receipt of a pension, or compassionate allowance, referred to in Rules 33, 34 and 37 to 40 other than the pension referred to in Rule 35.

(2) The family of the deceased shall be entitled to a monthly family pension at 30% of the pay last drawn :

Provided that if on the date of death while in service or immediately before retirement, a Government servant has been absent from duty on leave with allowances, the pay shall be taken at what it would have been had he not been absent from duty provided that the amount of family pension is not increased on account of increase in pay not actually drawn and that the benefit of higher officiating or temporary pay is given only if it is certified that he would have continued to hold the higher officiating or temporary appointment but for his proceeding on leave. However, in case a Government servant during the currency of leave on average pay not exceeding four months or during the first four months of any period of leave on average pay exceeding four months, earns an increment which is not withheld, he shall be entitled to count the pay which he would have drawn had he remained on duty. If on the date of death while in service or immediately before retirement, a person has been absent from duty being on extraordinary leave or suspension, ‘pay’ will mean the pay which he drew immediately before proceeding on such leave or suspension. (2-A) The amount of family pension shall be fixed at monthly rates and be expressed in whole rupees and where the family pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee. 3. (a)(i) Where a Government servant dies while in service after having rendered not less than seven years of continuous service, the rate of family pension payable to the family shall be equal to 50% of the pay following the date of death of the Government servant for a period of seven years or till the date on which the Government servant would have reached the age of sixty five years had he remained alive whichever is earlier; and

(ii) In the event of death of a Government servant, after retirement, the family pension as determined under sub-clause (i) shall be payable for a period of seven years or for a period up to the date on which the retired deceased Government servant would have attained the age of 65 years had he survived whichever is less : Provided that in no case the amount of family pension determined under this clause shall exceed the pension sanctioned on retirement from Government service: Provided further that where the amount of pension sanctioned on retirement is less than the family pension admissible under sub-rule (2), the amount of family pension determined under this clause shall be limited to the amount of family pension admissible under sub-rule (2), and (b) After the expiry of the period referred to in clause (a), the family, in receipt of family pension under the clause shall be entitled to family pension at the rate admissible under sub-rule (2). (4) Where an award under the Extraordinary Pension Rules of Andhra Pradesh is admissible, no family pension under this rule shall be sanctioned. (5) The period for which family pension is payable shall be as follows:-

(i) in the case of a widow or widower, up to the date of death or remarriage, whichever is earlier; 

1[(ii) In the case of a son until he attains the age of 25 years)]* 

1[(iii) In the case of Unmarried daughter until she attains the age of 25 years or until she gets married, whichever is earlier.]* 2[Provided that if the son or daughter of a Government servant is suffering from any disorder or disability of mind or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the 3[the ages of Son/Daughter as specified in clause (ii) and (iii) above] the family pension shall be payable to such son or daughter for life subject to the following conditions, namely :-

(i) If such son or daughter is one among two or more children of the Government servant, the family pension shall be initially payable to the children in the order set out in clause (ii) of subrule (7) of this rule, until the last child attains the 1[the ages of Son/Daughter as specified in clause (ii) and (iii) above] and thereafter the family pension shall be resumed in favour of the son or daughter suffering from disorder or disability of mind or who is physically crippled or disabled and shall be payable to him/her for life; 

4[(ii) If there are more than one such child suffering from disorder or disability of mind, or who are physically crippled or disabled, 

4. Clause (ii) was substituted by G.O.Ms.No. 240, Fin & Plg (FW.Pen.I) Department., dt. 1.6.94. 

1. Items (ii) & (iii) of Sub-rule (5) were substituted by G.O.Ms.No. 288, Fin & Plg (FW.Pen.I) Dept, dt 12.8.94 w.e.f 12.8.94. 

2. Proviso to sub-rule (5) was inserted by G.O.Ms.No.52, Fin & Plg. (FW.Pen.I) Dept., dt 20.2.84. w.e.f. 29.10.79. 

3. These words were substituted by G.O.Ms.No. 287, Fin & Plg (FW.Pen.I) Dept., dt 12.8.94.

Note : (i) The epxression 24 years, as the case may be, the words twenty four years, wherever they occur in sub rule (5) including proviso thereunder was amended as “Thirty years” by G.O.Ms.No.286, Fin & Plg (FW.Pen.I) Dept, dt. 12.8.94 w.e.f 13.5.87. (ii) Clauses (ii) and (iii) of sub rule (5) were amended as follows by G.O.Ms.No.287, Fin & Plg (FW.Pen.I) Dept., w.e.f. 1.10.87.

*(ii) In the case of a son, until he attains the age of 25 years or starts earning his livelihood, whichever is earlier.

*(iii) In the case of unmarried daughter until she attains the age of 25 years or until she gets married or starts earning her livelihood, whichever is earlier. the family pension shall be paid in the order of their births and younger of them will get the family pension only after the elder next above him/her ceases to be eligible; The benefit of family pension to physically crippled or mentally disabled children, however, is only admissible in respect of Government employees who are entitled to family pension under this rule or under the rules specified in part II of these rules:

Provided that where the family pension is payable to such twin children, it shall be paid in the manner set out in item (ii-a)] 1(ii-a) where the family pension is payable to twin children, it shall be paid to such children in equal shares: Provided that when one such child ceases to be eligible his/her share shall revert to the other child and when both of them cease to be eligible, the family pension shall be payable to the next eligible single child/twin children]

(iii) the family pension shall be paid to such son or daughter through the guardian as if he/she were a minor;

(iv) before allowing the family pension for life to any such son or daughter, the sanctioning authority shall satisfy that the handicap is of such a nature as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a medical officer not below the rank of a Civil Surgeon setting out, as far as possible, the exact mental or physical condition of the child;

(v) the person receiving the family pension as guardian of such son or daughter, shall produce every three years a certificate from a medical officer not below the rank of a Civil Surgeon to the effect that he or she continues to suffer from disorder or disability of mind or continues to be physically crippled or disabled.

Explanations:-

(a) [2]

1. Clause (ii-a) was added by G.O.Ms.No. 237, Fin & Plg. (FW.Pen.I) Department., dt. 28.5.94.

2. Clause (a) of Explanation was omitted by G.O.Ms.No.240, Fin & Plg (FW:Pen.I) Dept., dt. 1.6.94.

(b) a daughter shall become ineligible for family pension under this sub-rule from the date she gets married,

(c) the family pension payable to such son or daughter shall be stopped if he/she starts earning his/her livelihood,

(d) In such cases it shall be the duty of the guardian to furnish a certificate to the treasury or bank, as the case may be, every month that-

(i) he or she has not started earning his /her livelihood;

(ii) in case of a daughter, that she has not yet married.

(6)

(a)

(i) Where the family pension is payable to more widows than one, the family pension shall be paid to the widows in equal shares.

1[(ii) On the death or remarriage of widow, her share of the Family Pension shall become payable to her eligible child;] Provided that if the widow is not survived by any child, her share of the family pension shall cease to be payable.

(b) Where the deceased Government servant or pensioner is survived by a widow but has left behind eligible child or children from another wife who is not alive, the eligible child or children shall be entitled to the share of family pension which the mother would have received if she had been alive at the time of the death of the Government servant or pensioner.

(7)(i) Except as provided in sub rule (6), the family pension shall not be payable to more than one member of the family at the same time.

(ii) If a deceased Government servant or pensioner leaves behind a widow or widower the family pension shall become payable to the widow or widower, failing which to the eligible child: Provided that the authority competent to sanction the family pension may in a suitable case, for reasons to be recorded in writing, pay the minor children in preference to the widower who is judicially separated. 

1. Item No.(ii) of clause (a) at sub-rule (6) of Rule 50 was substituted by G.O.Ms.No.188, Fin & Plg dt. 22-8-98 w.e.f. 22-8-98 prior to the word “re-marriage” was not there in the rule. 

(iii) If sons and unmarried daughters are alive, unmarried daughters shall not be eligible for family pension unless the sons attain the age 1[as specified in clause (ii) of sub-rule (5)] and thereby become ineligible for the grant of family pension.

(8) Where a deceased Government servant or pensioner leaves behind more children than one the eldest eligible child shall be entitled to the family pension for the period mentioned in clause (ii) or clause (iii) of sub-rule (5), as the case may be, and after the expiry of that period the next eligible child shall become eligible for the grant of family pension.

(9) Where family pension is granted under this rule to a minor, it shall be payable to the guardian on behalf of the minor.

(10) In case both wife and husband are Government servants and are governed by the provisions of these rules and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of death of the husband and wife the surviving child or children shall be granted the two family pensions in respect of the deceased parents subject to the limits specified below, namely :-

(a)

(i) If the surviving child or children is or are eligible to draw two family pensions at the rate mentioned in sub-rule (3), the amount of both the pensions shall be limited to 2[five thousand one hundred and ninety rupees per mensum]

(ii) If one of the family pensions ceases to be payable at the rate mentioned in sub-rule (3), and in lieu thereof the pension at the rate mentioned in sub-rule (2) becomes payable, the amount of both the pensions shall also be limited to 2[five thousand one hundred and ninety rupees per mensum]

(b) If both the family pensions are payable at the rates mentioned in sub-rule (2), the amount of two pensions shall be limited to 2[five thousand one hundred and ninety rupees per mensum]

1. These words were subsituted by G.O.Ms.No.287, Fin & Plg. (FW:Pen.I) Dept., dt. 12.8.94 w.e.f. 1.10.87

2. The words “Five thousand one hundred and ninty ” was substituted by G.O.Ms.No.143 Fin & Plg (FW:Pen.I) Dept., dt. 3.6.95 w.e.f. 1.7.92 Earlier the limit was Rs.1,375/- per mensum.

1[(c) In case a male Government servant has two wives who are Government servants and are governed by these rules and the husband shall be entitled to get family pension on the demise of each of the wives, when they predecease him, the amount of both the family pensions put together shall be limited to 2[five thousand one hundred ninety rupees per mensum] (11)(a)(i) As soon as a Government servant appointed to pensionable service prior to 19th August, 1979 has completed one year’s continuous service and in other cases as soon as he is appointed after the medical examination and is found fit, he shall furnish the details of his family in Form 3 to : (1) The Pay and Accounts Officer, Hyderabad if he is a Gazetted Officer under his payment control;

(2) To the Head of the Office if he is not under the control of the Pay and Accounts Officer. 

(ii) If the Government servant has no family he shall furnish the details in Form 3 as soon as he acquires a family.

(b) The Government servant shall communicate to the Pay and Accounts Officer or the Head of Office, as the case may be, any subsequent change in the size of his family, including the fact of marriage of his female child/children and these changes shall be incorporated in Form 3 as and when such changes are intimated.

(c) The Pay and Accounts Officer shall, on receipt of the said Form 3, keep it in safe custody and acknowledge receipt of the said Form 3 and all further communications received from the Government servant in this behalf.

(d) The Head of Offic.e shall, on receipt of the said Form 3, paste it in service book of the Government servant concerned and acknowledge receipt of the said Form 3 and all further communications received from the Government servant in this behalf.] 

1. Sub-clause (c) of sub-rule (10) was inserted by G.O.Ms.No.254, Fin & Plg (FW:Pen.I) Dept, dt. 10.7.85 w.e.f. 29.10.79.

2. The words “Five thousand one hundred and ninty ” was substituted by G.O.Ms.No.143 Fin & Plg (FW:Pen.I) Dept., dt. 3.6.95 w.e.f. 1.7.92 earlier the limit was Rs.1,375/- per p.m. 

(12) For the purposes of this rule :-

(a) “continuous service” means service rendered in a temporary or permanent capacity in a pensionable establishment and does not include- (i) Period of suspension, if any, and (ii) Period of service, if any, rendered before attaining the age of eighteen years;

(b) “family” in relation to a Government servant means- (i) wife in the case of a male Government servant, or husband in the case of a female Government servant. [The words “provided the marriage took place before retirment of the Government servant” occuring in sub-rule 12 (b) (i) were omitted by G.O.Ms.No.335, Fin. & Plg. (FW:Pen.I) Dept., dt. 15.9.93]

Note 1 :- Wife and husband shall include respectively judicially separated wife and husband.

Note 2 :- Where the appointing authority referred to in sub-rule (3) of Rule 6 decides that for reasons to be recorded in writing a child or children from a judicially separated deceased female Government servant should receive the family pension in preference to judicially separated husband of the deceased Government servant such husband shall not be regarded as covered by the expression ‘family’.

(ii) Sons/daughters including such son/daughter adopted legally before retirement, who have not attained the ages as specified in item (ii) and (iii) of sub-rule (5). - This item was substituted by G.O.Ms.No.287, Fin & Plg. (FW:Pen.I) Dept, dt.12.8.94 w.e.f. 1.10.87.

[(iii) “Sons/daughters born after retirement subject to condition laid down in sub-rule (5)”.] (c) ‘pay’ means the emoluments as specified in Rule 31:  [This item was inserted by G.O.Ms.No.236, Fin & Plg. (FW:Pen.I) Dept., dt.28.5.94. ]

Provided that in a case in which average emoluments as referred to in rule 32 are treated as emoluments for the purpose of retirement gratuity referred to in rule 46, such average emoluments shall be treated as pay.

(13) Nothing contained in this rule shall apply to- (a) A re-employed Government servant who had retired before 29th October, 1979 from-

(i) Civil Service on retiring pension, superannuation pension, or

(ii) Military service on retiring pension, service pension or invalid pension, and who, on the date of re-employment, had attained the age of superannuation applicable to the post in which he is re-employed;

(b) A military pensioner who has retired from military service on or after the 29th October, 1979 or retires from such service after the commencement of these rules, on retiring pension, service pension or invalid pension and is re-employed in a civil service or post before attaining the age of superannuation;

(c) A Government servant who, on absorption in a service or post in or under a corporation or company wholly or substantially owned or controlled by the Government or any other body, incorporated or not, is sanctioned pension under Rule 35;

(d) A person whose employment under the Government is of a casual nature or who is paid form out of the contingencies;

(e) A person employed in a work-changed establishment of the Government; and

(f) A person employed under the Government on contract basis.

Executive Instructions

(i) Minimum Family Pension:-

(a) The minimum family pension is enhanced to Rs.100/- p.m. w.e.f. 1-4-1980 by G.O. Ms. No.97, Fin. & Plg. (FW:Pen.I) Dept., dated 27-3-1980, it was enhanced to Rs.370/- p.m. w.e.f. 1-12-1989 by G.O. Ms. No.75, Fin. & Plg.(FW:Pen.I) Dept., dated 7-3-1990. Further it was enhanced to Rs.1,275/- per month w.e.f 1.7.98 with monetary benefit from 1.4.99 as per G.O.(P) No.156, Fin & Plg (FW.Pen.I) Dept. dt. 16.9.99.

In respect of pensioners drawing two pensions (viz) Service pension and Family pension both pensions are separately eligible for enhancement to a minimum pension of Rs. 1,275/- p.m. However the pensioner is entitled for dearness relief on only one pension whichever is more beneficial to the pensioner.(para 16-1 G.O.(P).No.156, Fin & Plg (FW:Pen.I) Dept.,dt. 16.9.99)

(ii) Counting of fraction of 3 months or more:-

It was ordered in G.O. Ms. No.268, Fin. & Plg. (FW:Pen.I) Dept., dated 10-9-1983 to count the fraction of the qualifying service of three months or more as one completed six monthly period. The above orders are not applicable to the minimum service of 7 years required for enhanced family pension specified in Rule 50(3)(a)(i) of A.P. Revised Pension Rules, 1980. [Lr. No. 061-A/496/Pen.I/87, dt 13-7-88 of F&P (FW.Pen.I) Dept.]

(iii) Enhanced Family Pension in the case of Government servants who lose their lives while performing risk borne official duties:-

In respect of Government servants who lose their lives while discharging the risk borne official duties, the family pension is payable at a rate equal to the last pay drawn till the date of superannuation of the deceased employee had he been alive. For the period after the date of superannuation 30% of last drawn pay is admissible till remarriage / death. In case death takes place 3 1/2 years before superannuation, family pension equal to last pay drawn will be payable till the date of superannuation. Thereafter for the left-over period of 7 years or 65 years of age of the employee, whichever is earlier, enhanced family pension, as admissible under the normal family pension rules shall be payable after which family pension at 30% of pay last drawn shall be paid till remarriage / death whichever is earlier. (G.O. Ms. No.340, Fin. & Plg. (FW:Pen.I) Dept., dated 8-11-1989) 

(iv) Period of payment of family pension to the children:-

(i) In the case of unmarried daughters of the deceased Government servant/pensioner, the family pension is payable up to attainment of age of thirty years or she gets married whichever is earlier. (G.O. Ms. No.124, Fin. & Plg. (FW:Pen.I) Dept., dated 13-5-1987)

(ii) With effect from 1-10-1987, the period of payment of family pension to the children of deceased Government servant / Pensioner is rationalised as follows:

(a) in the case of son, till he attains the age of twenty five years or starts earning his livelihood whichever is earlier;

(b) in the case of unmarried daughter, till she attains the age of 25 years or gets married or starts earning her livelihood, whichever is earlier. (G.O. Ms. No.278, Fin. & Plg. (FW:Pen.I) Dept., dated 19-10-1987)

(v) Payment of Family Pension admissible in respect of physically handicapped children:-

The Accountant-General and the Director of Local Fund Audit have to indicate on the Family Pension Payment Orders, the name and eligibility of children suffering from any disorder or disability of mind or is physically crippled or disabled, if reported by Government servants while submitting the pension papers or later, so as to enable such children to get Family Pension without any difficulty after the death of the pensioner and after exhausting all the eligible family members as per proviso to sub-rule (5) of Rule 50 introduced in G.O. Ms. No.52, FIn. & Plg. (FW:Pen.I) Dept., dated 20-2-1984. The pensioner has to appoint a guardian to receive the family pension by such children. (Circular Memo No.13924-G/687/Pen.I/90, dated 27-12-1990 of Fin. & Plg. (FW:Pen.I) Dept.)

(vi) Family Pension not admissible to the second wife:-

Family pension is not admissible to the second wife as marrying another wife, (when one wife is living) without obtaining the approval of Government, is contrary to rule 25 of A.P. Civil Services (Conduct) Rules, 1964. (Circular Memo No.11027-B/26/Pen.I/87, dated 20-8-1991 of Fin. & Plg. (FW:Pen.I) Dept.)

(vii) Admissibility of Family Pension to the children of a divorced wife:-

Sub-rule (2) of Rule 8 of A.P. Government servants (Family Pension) Rules, 1964 was amended to enable the children of a divorced wife to get a share of family pension in respect of a deceased Government servant. (G.O. Ms. No.20, Fin. & Plg. (FW:Pen.I) Dept., dated 24-1-1981)

(viii) Divorce is not legal separation :-

It is clarified that the ‘divorce’ does not come under legal separation as it does not fall under the definition of “family “ as defined in clause (b) of sub-rule (12) of Rule 50 of A.P. Revised Pension Rules, 1980. (G.M. No.12448/162/Admn.II/90, dated 3-9-1990 of Fin. & Plg. (FW:Admn.II)

(ix) Simplified procedure to settle the cases of employees dying in service:-

Within one month of receipt of intimation of the date of death of the Government servant the amount of family pension shall be determined in accordance with the following provisions:

(i) the service and emoluments for the last year of service shall be verified and accepted by the Head of Office/Department and the family pension determined under Rule 50(2) if the deceased Government servant, on the date of death, has rendered more than one and less than seven years of service.

(ii) the service for the last seven years and emoluments for the service rendered in the last year shall be verified and accepted by the Head of the Office/Department and the amount of family pension and the period for which it is payable shall be determined under Rule 50(3) if the deceased Government servant, on the date of death, has rendered more than seven years of service.

(iii) if the deceased Government servant, at the time of death, has rendered more than seven years of service and the same is not capable of being verified and accepted by the Head of the Office / Department, but the service rendered during the last year is capable of being verified and accepted, pending verification of service for seven years, family pension in accordance with Rule 50(2) shall be calculated. However, within next two months, the service for the last seven years shall be verified and accepted and the amount of Family Pension at enhanced rate and the period for which it is payable shall be determined in accordance with Rule 50(3) of the A.P. Revised Pension Rules, 1980. (G.O. Ms. No.78, Fin. & Plg. (FW:Pen.I) Dept., dated 4-3-1983)

(x) Relinquishment of right to Family Pension The cases relating to the relinquishment of right to receive family pension by any eligible member of the family, in favour of another member of the family have to be decided by the Government depending on the merits of each case. As such, all such cases have to be referred to Government for orders. (Govt’s Lr.No.85082-B/1051/Pen.I/84-2, dated 9-2-1985 of Fin. & Plg. (FW:Pen.I) Dept., to the A.G., A.P.)

(xi) Grant of Family Pension to the 2nd living wife:

Point raised Clarification 1.

Whether in respect of cases where Irrespective of the personal the marriage of second wife took Laws, if a Government employ place prior to the issue of A.P.Civil ee having a living wife contracted Service (conduct) Rules 1964, the second marriage after the introsecond wife can be allowed family duction of A.P.Civil Services pension irrespective of the Personal (Conduct) Rules 1964, without Laws governing them. the permission of the competent authority, such marriage is null, and void and second wife is not entitled to the family pension. On the other hand, if the employee contracted second marriage with the permission of the competent authority such wife will have legal status for all purposes for receiving family pension along with the first wife or the children of the first wife. In terms of sub-rule (6) of rule 50 APRPRs 1980. If the second marriage is contracted before the introduction of A.P. Civil Services (Contract) Rules 1964, Family Pension can be paid in the same manner.

2. Whether family pension can be This point is covered by sub-sanctioned when a pensioner rule (6) of the rule 50 of the is survived by a widow and Andhra Pradesh Revised eligible minor children of the Pension Rules, 1980, Accor second widow. dingly to which the family pension can be shared between one widow and the eligible children of the second widow. No further clarification is necessary.

3. Whether the share of family Where a member of the family pension can be paid to the relinquishes his/her right of second widow if the first wife Family Pension or gratuity in relinquish her rights to their step favour of other members for mother (second wife) irrespective receiving the same, the more of the personal laws by which they appropriate course would be to are governed. sanction the family pension or gratuity only in favour of the members entitled to it as per the rules to avoid future complications and litigations of all types.

4. Whether two widows compro- Where two widows compromise in a Court of Law and mise in a court of Law and get a get a compromise decree, whether compromise decree, action for family pension can be paid to them sanciton of Family pension shall in equal shares........ have to be taken strictly in accodance with the directions contained in the judgement of the court to avoid future litigation. (Cir. memo.No.36840-A/329/A2/Pen.I/93 dt 11.9.96 of F & P (FW.Pen.I) Dept)

(xii) Payment of Dearness Relief to the Family Pensioners who avail the benefit of compassionate appointment :- Dearness relief announced from time to time shall be payable to the pensioners who are employed under the scheme of compassionate appointment. (G.O.Ms.No.89 Fin & Plg (FW.Pen.I) Dept., dt. 25.5.98 w.e.f. 25.5.98)

(xiii) Cancellation Dearness Relief on Family pension-who avail the benefit of compassionate appointment :-

The orders isssued in G.O.Ms.No.89, (FW:Pen.I) Department, dt. 25.5.98 are cancelled w.e.f. 1.9.2000 [G.O.Ms.No.125 Finance (FW:Pen.I) Dept., dt. 1.9.2000]

(xiv) Family Pension for life in respect of handicapped son / daughter of Government Servant watching of certificates prescribed :

All the pension disbursing authorities (STOs / PPOs) are to watch the submission of necessary certificate as stipulated in proviso (V) sub-rule (5) under Rule 50 of this rules for payment of Family pension to the handicapped children by making necessary entires in the pension payment order. The pension sanctioning authorities and pension disbursing authorities, who violated the conditions prescribed in the proviso (v) subrule (5) under rule 50 for sanction payment of Family pension to physically handicapped will be viewed seriously and payment made due to their negligence will be liable for recovery from the officers concerned/guardian. (Cir.memo.No.42885/81/A2/Pen.I/99 dt. 26.05.2000)

(xv) Family pension to the post-retiral spouses and children - date of effect and payment of cash benefit :-

The Family pension to the post retiral spouses / children shall be deemed to have come into existance w.e.f the date of issue of G.O.Ms.No.335, Fin & Plg (Pen.I) Dept. dt 15-9-93. In such the cases of Family pension arrising after that date (i.e.) after 15-9-93, the cash benefit shall be allowed from the suceeding date of death of the husband (i.e.) pensioner. And in such cases of family pension before 15-9-93 the cash benefit shall be allowed from 15-9-93 only and not from the succeeding date of death of service pensioner. (Govt.C.M.No.6066/155/A2/Pen.I/96 dt 2.11.97 of F&P (FW.Pen-I) Department.

(xvi) Definition of ‘Family’ for purpose of family pension - Inclusion of widowed/divorced daughters and dependent parent :-

The widowed/divorced daughter and parents who were totally dependent on Govt. servant while he was alive and where the deceased employee left behind neither widow nor a child in the definition of family for purposes of Family under Sub-rule 12 of Rule 50 of this rules.

a) The Family pension in respect of sons/daughters (including widowed/divorced daughter) will be admissible subject to the condition that the payment should be discontinued/not admissible when the eligible son/daughter starts earning a sum of Rs.2440/-(Rupees two thousand four hundred and forty only) per month from employment in the Government, private sector, self-employment etc., It is further clarified that the family pension to the sons/daughters will be admissible till he/she attains 25 years of age or upto the date of his/her marriage/ re-marriage whichever is earlier.

b) This also decided not to entertain any grievances for the rectification of any alleged anomaly arising out of the recommendations of the Anomalies Committee in the wake of constitution of the 8th Pay Revision Commission, as ordered in G.O.Ms.No.734, G.A (Spl.A) Dept. dt.17-2-2004 and Go.Rt.No.960, G.A (Spl.A) Dept., dt.1-3-2004.

c) All Pension Disbursing Officers, i.e. all Treasury Officers/ Pension Payment Officers are requested to implement these orders with authorization from the Accountant General (A&E) A.P. Hyderabad.

d) These orders will come into force w.e.f 22-06-2004 [G.O.(P).No.523, Fin (Pen.I) Dept., dt.22-06-2004]

51. Sanction of Anticipatory Pension:-

(A) Service Pension:-

1[In respect of retirement employees, where the payment of pension has not commenced on the due date after retirement, the Head of Office concerned, irrespective of the fact whether the pension papers have been sent to Accountant- General or not] shall draw and disburse anticipatory pension not exceeding, if the Government servant has put in 33 years of qualifying service, 2[4/10]ths or, if the Government servant has put in less than 33 years of qualifying service, such proportion of 2[4/10]ths as 33 years bears to the qualifying service put in by the Government servant, of the last drawn emoluments which count towards pension and for this purpose adopt the following procedures namely :-

(a) He shall issue a sanction letter to the Government servant endorsing a copy thereof to the competent Pension Sanctioning Authority and the Audit Officer indicating the amount of anticipatory pension payable to such Government servant on retirement from service;

(b) After the issue of the sanction letter he shall draw the amount of anticipatory pension on establishment pay bills and disburse the amount to the pensioner until such time as the final pension is released to the pensioner by the Audit Officer;

(c) The competent Pension Sanctioning Authority soon after receipt of the copy of the sanction accorded by the Head of the Office concerned, shall issue, under intimation to the Audit Officer, a confirmatory sanction for payment of anticipatory pension to the pensioner till the final pension is authorised by the Audit Officer;

1. These words were substituted by G.O.Ms.No.71, Finance and Planning (FW.Pen.I) Department, dated 22.2.1994 for the words “After the Pension papers of a Government Servant have been sent to the Audit Officer concerned the Head of the Office”.

2. The Expression “4/10” was substituted for “3/10” by G.O.Ms.No.275, Fin & Plg.(FW:Pen.I) Dept., dt. 27.7.94 w.e.f. 18.6.1985.

Note :-

The expression “33” occuring at two places in this rule was substituted by the expression “30” with effect from 8.2.1983 by G.O.Ms.No.42, Finance and Planning (FW.Pen.I) Department, dated 15.2.1983. The same was again substituted as “33” with effect from 23.8.1984 by G.O.Ms.No.360, Finance and Planning (FW.Pen.I) Department, dated 31.12.1984 and by G.O.Ms.No.162, Finance and Planning (FW:Pen.I) Department, dated 16.6.1986. The same was given effect to from 8.2.1983.

(d) The anticipatory pension paid as per sub-clause (a) shall be adjusted in full from the final pension;

(e) No anticipatory pension shall be admissible in cases where disciplinary proceedings are in progress under Rule 9 of these Rules.

1[(B) Family Pension :-

The Head of the Office, irrespective of the fact whether the family pension papers of the family of a Government servant who died while in service have been sent to Accountant-General or not shall draw and disburse anticipatory family pension from the date following the date of death, at the rate not exceeding 75% of the family pension admissible under the rules and for this purpose adopt the following procedure, namely :-]

(a) He shall issue a sanction letter to the family of the deceased Government servant endorsing a copy thereof to the competent Pension Sanctioning Authority and the Audit Officer indicating the amount of anticipatory family pension sanctioned to the family of the deceased Government servant.

(b) After the issue of the sanction letter he shall draw the family pension and disburse it to the family until such time the regular family pension is released by the Audit Officer or the competent Pension Disbursing Authority as the case may be. The competent Pension Sanctioning Authority shall, soon after receipt of the copy of the sanction accorded by the Head of the Office concerned, shall issue, under intimation to the Audit Officer, a confirmatory sanction for payment of anticipatory pension to the family till the final pension is authorised by the Audit Officer.

(c) The anticipatory family pension shall be adjusted in full from the family pension.

Note:-

1. No allowances shall be admissible on the anticipatory pension referred to above in this rule.

2. The Head of Department / Head of the Office shall obtain an

1. This was substituted by G.O.Ms.No.71, Finance and Planning (FW.Pen.I) Department, dated 22.2.1994. undertaking from the Pensioner/Family Pensioner that he/she will refund any amounts found to have been paid in excess of his/her title in the shape of Anticipatory Pension. 

3. 1[The pensioner or family pensioner will have to produce a certificate from the Head of Office duly countersigned by the Audit authorities i.e., Treasury Officer 2[Deputy Pay and Accounts Officer / Asst. Pay and Accounts Officer] if the payment is in a different District it may be got countersigned by the District Treasury Officer or 2[Deputy Pay and Accounts Officer who are the passing authority of claims instead of the Pay & Accounts Officer] showing whether he/she has drawn any Anticipatory Pension/Family Pension and if so for what period it has been disbursed. The Head of Office shall stop payment of the Anticipatory Pension once he issued such certificate.]

4. Sanction of Anticipatory Pension should be recorded in the service book of the individual concerned under proper attestation. 3[(C) Sanction of Anticipatory Gratuity Subject to Rule 52, where there is likely to be delay in releasing the pensionary benefits due to the pensioner, anticipatory gratuity to the extent of 80% of the amount worked out by the departmental authorities with reference to the records available and the qualifying service verified, pending verification and authorisation of the full gratuity by the Accountant-General/Director of Local Fund Audit, shall be sanctioned and the same shall be drawn and disbursed after adjusting all the dues known to the department up-to the date of sanction of the Anticipatory Gratuity : Provided that the amount of Anticipatory Gratuity shall be adjusted in full from the final retirement gratuity; Provided further that no anticipatory gratuity shall be sanctioned and released to the pensioner where departmental or judicial proceedings are pending or are contemplated against the pensioner until the conclusion of such proceedings and issue of final orders thereon. 

1. The note 3 is substituted by G.O.Ms.No.787 Finance (Pen.I) Department., dt 13-9-2002.

2. The bracketed portion were substituted for Pay & Accounts Officer by G.O.Ms.No.79, Finance (Pen-I) Dept., dt. 5-2-2003.

3. Clause (C) was added by G.O.Ms.No. 275, Fin & Plg (FW.Pen.I) Dept, dt 27.7.94 w.e.f. 18.6.85.

1[Note. :- The Pensioner/Family Pensioner will have to produce a certificate from the Head of Office duly countersigned by the Audit Authorities i.e., Treasury Officer / Pay & Accounts Officer

2[Deputy Pay and Accounts Officer / Asst. Pay & Accounts Officer] if the payment is in a different District it may be got countersigned by the Treasury Officer / Pay & Accounts Officer 2[Deputy Pay Accounts Officer/ Asst. Pay & Accounts Officer] showing whether he/she has drawn any Anticipatory gratuity.] Executive Instructions.

(i) Application for anticipatory pension not necessary :-

It is not necessary to apply for anticipatory pension by the pensioner. The concerned Heads of Offices should take the initiative and sanction anticipatory pension by taking an undertaking from the pensioner to the effect that he would refund any amount found to have been paid in excess of his title in the shape of anticipatory pension. [Circular Memo No.34708/H/802/Pen.I/83-1, dated 3-11-1983 of Finance and Planning (FW:Pen.I) Department.]

(ii) Procedure for sanction of anticipatory pension:-

All the pension sanctioning authorities should sanction anticipatory pension including anticipatory family pension in all cases wherever there is delay in releasing pensionary benefits and that the fact of sanction of anticipatory pension should be invariably indicated and where anticipatory pension is not sanctioned, the reasons therefor should be indicated, in the forwarding letter while sending the Pension/Family Pension papers to the Audit Officer. It may be noted that where disciplinary proceedings are pending, anticipatory pension cannot be sanctioned; but sanction of provisional pension should be considered in such cases. [Circular Memo No.10074/762/Pen.I/84-1, dated 12-7-1984 of Finance and Planning (FW-Pen.I) Department.]

52. Provisional pension where departmental or judicial proceeding may be pending :-

(1) (a) In respect of a Government servant referred to in sub-rule (4) of Rule 9, the Audit Officer/Head of Office shall pay the provisional pension not 

1. The note was added by G.O.Ms.No.787, Finance (FW.Pen.I) Dept. dt 13-9-2002.

2. The bracketed portion was substituted for Pay & Accounts Officer by G.O.Ms.No. 79 Finance (Pen-I) Dept, dt. 5-2-2003. 

exceeding the maximum pension which would have been admissible on the basis of qualifying service up to the date of retirement of the Government servant, or if he was under suspension on the date of retirement, up to the date immediately preceding the date on which he was placed under suspension.

(b) The provisional pension shall be paid by the Audit Officer/Head of Office during the period commencing from the date of retirement to the date on which, upon the conclusion of the departmental or judicial proceedings, final orders are passed by the competent authority.

1[(c) No gratuity shall be paid to the Government servant until the conclusion of the departmental or judicial proceedings and issue of final orders : Provided that where departmental proceedings have been instituted under Rule 9 of Andhra Pradesh Civil Services (Control Classification and Appeal) Rules, 1991, for imposing any of the penalties specified in clauses (i), (ii) and (iv) of Rule 9 of the said rules, except the cases falling under subrule (2) of Rule 22 of the said rules, the payment of gratuity shall be authorised to be paid to the Government servant.] 2[Provided further that notwithstanding anything contained in clauses (a), (b) and (c) of sub-rule (1) above, where a conclusion has been reached that a portion of pension only should be with held or with drawn and the retirement gratuity remains uneffected in the contemplated final orders, the retirement gratuity can be released upto 80%]

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

*(3) Nothing contained in this rule shall prejudice the operation of Rule 6 when final pension is sanctioned upon the conclusion of the departmental or judicial proceedings. 

1. Sub clause (c) was substituted by G.O.Ms.No.302, Fin. & Plg. (FW:Pen.I) Dept., dt. 30.8.1994. 2. Further proviso under clause (c) of sub-rule (1) of Rule 52 was introduced by G.O.Ms.No.227, Fin & Plg (FW.Pen-I) Dept., dt. 10-10-95 * The rule 6 referred in sub-rule (3) is however omitted by G.O.Ms.90 F&P (FW.Pen-I) Dept., dt. 25-5-98 w.e.f. 25-5-98.

Executive Instructions

(i) Settlement of Pensionary benefits in the case of employees retired while under suspension:- A Government servant who attains the age of superannuation while under suspension should be allowed to retire on the due date of superannuation. But pensionary benefits can not be settled until the conclusion of the enquiry or disposal of charges. [G.O. Ms. No.64, Finance and Planning (FW-Pen.I) Dept., dated 1-3-1979 and UO Note No.235/Ser.C/83-1, dated 26-2-1983 of General Administration Department, communicated with Endt. No.7431/215/Adm.II/ 83, dated 7-3-1983 of Finance and Planning (FW-Admn.II) Department.]

(ii) Procedure for the sanction of Provisional Pension:-

(a) In case where charges are pending, the department shall send pension papers to the Accountant General with such mention and with a request for only indicating the quantum of pension that would be admissible, with the same not to be released till further orders. The Accountant General may, then, verify the pensionary benefits admissible and indicate the pension, whereupon the Head of the Department may intimate the quantum of provisional pension it recommends for payment so that Government may consider sanction of Provisional Pension. On its sanction, the Accountant General shall arrange for issue of Provisional Pension Payment Orders. [G.M. No.021383/961/PSC.I/83-1, dated 8-6-1983 of Finance and Planning (FW-PSC.I) Department.)

(b) Pension sanctioning authorities are competent to sanction provisional pension to the non-gazetted officers. It shall be sanctioned by the Government in the case of Gazetted Officers. Only provisional pension is payable in cases where departmental/judicial proceedings are pending. No gratuity is payable until the conclusion of such proceedings. While forwarding the pension papers in such cases, it should be mentioned in the forwarding letter that departmental / judicial proceedings are pending and that only provisional pension has to be released. Sanction order of the competent authority for provisional pension should also be sent along with the proposals for the release of provisional pension. If the above instructions are not followed and if the fact of pendency of departmental/judicial proceedings is not mentioned in the sanction order and in the forwarding letter, the Accountant General will be at liberty to release full pensionary benefits presuming the sanction. In case of pendency of any disciplinary proceedings against any official, the departments should inform the Accountant General prior to the date of retirement of the official that pensionary benefits should not be released. [Circular Memo No.12437-A/112/PSC/A/88, dated 23-7-1988 of Finance & Planning (FW-PSC) Department] (iii) Minimum Provisional Pension:-

The Provisional Pension to be sanctioned under Rule 52(1)(a) of the Andhra Pradesh Revised Pension Rules, 1980, shall not be less than 75% of the normal pension entitlement. [Circular Memo No.979-B/5/A2/Pen.I/94, dated 2-2-1994 of Finance & Planning (FW-Pen.) department]

(iv) Procedure to be followed in cases where pension has to be either stopped or cut, after forwarding the pension papers:-

The pension Sanctioning Authorities have to follow the following instructions in cases where pension has to be either stopped or cut, after forwarding the pension papers.

(i) All important orders issued by the Departments of Secretariat regarding stoppage of pension or cut in pension may be sent to the Accountant General (A&E) as well as to the Deputy Accountant General (Pensions) by name and delivered in their peshis through a special messenger.

(ii) In respect of such orders issued from the Districts, the same may be sent in the name of Accountant General (A&E), Deputy Accountant General (Pensions) either by registered post or through Special Messenger.

(iii) Copies of orders of stoppage/cut in pension may also be sent to the concerned Treasury Officer/Pension Payment Officer, for withholding the payment of pensionary benefits pending receipt of formal instructions from Accountant General, Andhra Pradesh.

(iv) All the Correspondence relating to pension may be marked to Accountant General (A&E). [Circular Memo No.33764-A/55/PSC/93, dated 15-10-1993 of Finance and Planning (FW-PSC) Department]

53. Interpretation:-

Where any doubt arises as to the interpretation of these rules, it shall be referred to the Government in the Finance and Planning (FW) Department for decision.

54. Power to relax:-

Where Government is satisfied that the operation of any of these rules causes undue hardship in any particular case, Government may, by order for reasons to be recorded in writing, dispense with or relax the requirements of that rule to such extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner: Provided that no such order shall be made except with the concurrence of the Finance and Planning (FW) Department.

55. Repeal and saving :-

(1) On the commencement of these rules, every rule, regulation or order in force immediately before such commencement shall, insofar as it provides for any of the matters contained in these rules, cease to operate.

(2) Notwithstanding such ceaser of operation:-

(a)

(i) Every nomination for the payment of retirement gratuity, or of non-contributory family pension,

(ii) Every form regarding the details of family of a Government servant for the purpose of contributory family pension, and

(iii) Every formal application for the sanction of pension, which a Government servant had made or given under the existing rules shall be deemed to have been made or given under the corresponding provisions of these rules.

(b) Any nomination for the payment of retirement gratuity or of non-contributory family pension, any form regarding the details of family of a Government servant for the purpose of contributory family pension or any formal application for the sanction of pension, required to be made or given by a Government servant under the existing rule but not made or given before the commencement of these rules shall be made or given after such commencement in accordance with the provisions of these rules;

(c) Any case which pertains to sanction of pension to a Government servant who had retired before the commencement of these rules and is pending before such commencement shall be disposed of in accordance with the provisions of the existing rule as if these rules had not been made;

(d) Any case which pertains to sanction of retirement gratuity and family pension to the family of a deceased Government servant or of a deceased pensioner and is pending before the commencement of these rules shall be disposed of in accordance with the provisions of the existing rule as if these rules had not been made;

(e) Subject to the provisions of clauses (c) and (d), anything done, or any action taken under the existing rule shall be deemed to have been done or taken under the corresponding provisions of these rules. Part II Special Provisions applicable to Government employees retiring between the period 1st April, 1978 and 28th October, 1979 Government servants holding pensionable posts on 31st March, 1978 and who retired between 1st April 1978 and 28th October, 1979 on superannuation at the age as provided in the Fundamental Rules as amended from time to time 1[or otherwise] and were governed by the Andhra Pradesh Liberalised Pension Rules, Revised Pension Rules, 1951, old Pension Rules in the Hyderabad Civil Service Regulations and the Andhra Pradesh Family Pension Rules of 1964, shall continue to be governed for purposes of pension, retirement gratuity and family pension by the rules by which they were governed as on 31st March, 1978 except that the quantum of pension, retirement gratuity and family pension shall be at the rates given in this part of these rules.

1. These words were inserted by G.O.Ms.No.237, Finance and Planning (FW.Pen.I) Department, dated 25.7.1980.

Members of the State Higher Judicial Service who retired on superannuation at the prescribed age between 1st April, 1978 and 28th October, 1979 and are governed by the All India Services (Death-cum- Retirement Benefits) Rules, 1958, shall continue to be governed for the purposes of pension, retirement gratuity and family pension by the rules by which they were governed as on 31st March 1978, except that the quantum of pension, retirement gratuity and family pension shall be at the rates given in this part of these rules. - This para was added by G.O.Ms.No.105, Finance and Planning (FW.Pen.I)Department, dated 19.3.1983 with effect from 1.4.1978. 

(a) Option :-

A Government servant to whom these rules apply and who holds a pensionable post under Government on 31st March, 1978 on regular basis and is governed by the CSRs/HCS Rs/RPRs.1951/LP Rs.1961 or the benefits of drawing pension under the old Pension Rules, under CS Rs./HCS Rs. reduced by the pension equivalent of retirement gratuity admissible under APLP Rs.1961 and receives in lieu of this reduction the retirement gratuity under APLPRs.1961 as the case may be, and APFP Rules of 1964 shall exercise an option to continue under the Pension Rules by which he is governed on 31st March, 1978 or to come over to the rules by which he is governed on 31st March, 1978 as modified by these rules in part II of Revised Pension Rules of 1980 within three months from the date of receipt of intimation from the Head of Office / Department to exercise the option. The option shall be exercised in the appended form. Government servants failing to opt shall be deemed to have elected to continue to remain in the Pension Rules by which they were governed on 31st March, 1978.

(b) In the case of Government servants who died while in service/after retirement between 1st April, 1978 and 28th October, 1979 the eligible member (s) of the family of the deceased shall be entitled to exercise option as per sub-clause (a) of this rule within three months from the date of receipt of intimation from the Head of Office/Department to exercise the option. Where such option is not exercised by the eligible member (s) of the family of the deceased Government servant, within the period specified above, the pensionary benefits which may be most beneficial to the heirs under the pension rules, applicable to the Government servant on the date of retirement/ death shall be applied and pensionary benefits sanctioned accordingly.

Executive Instructions 

There is no objection to extend the benefit of Part-II of Andhra Pradesh Revised Pension Rules, 1980, to the pensioners who retired between 1-4-1978 to 28-10-1979 without insisting any specific option to avoid delay in the settlement of such pension cases. [Government’s Letter No.39516/1282/Pen.I/86, dt 27-3-1987 of Finance and Planning (FW:Pen.I) Dept., to the Accountant General Andhra Pradesh)

57. 

(1) Amount of pension :-

In the case of a Government servant retiring in accordance with the provisions of these rules before completing qualifying service of ten years, the amount of service gratuity shall be the appropriate amount as set out below, namely:- 

            Completed six monthly                                  Scale of service gratuity 

        periods of qualifying service

                        (1)                                                                     (2) 

                                                                                    (A) Gratuity 

        1.                                                                      1/2     Month’s emoluments 

        2.                                                                      1                do 

        3.                                                                      1 1/2         do 

        4.                                                                      2.              do 

        5.                                                                      2 1/2         do 

        6.                                                                      3               do 

        7.                                                                      3 1/2         do 

        8.                                                                      4               do 

        9.                                                                       4 3/8        do 

        10.                                                                     4 3/4         do 

        11.                                                                     5 1/8         do 

        12.                                                                     5 1/2         do 

        13.                                                                     5 7/8         do 

        14.                                                                     6 1/4         do 

        15.                                                                     6 5/8         do 

        16.                                                                     7               do 

        17.                                                                     7 3/8         do 

        18.                                                                     7 3/4         do 

        19.                                                                     8 1/8         do

[ Explanation :-

For purpose of working out average emoluments in order to compute the pension admissible: 

(i) in cases where the 10 months’ period for assessing the average emoluments happens to cover any period preceding the 1st April 1978, the pay drawn by the employee in the Revised Pay Scales of 1974 and the Dearness Allowance admissible at the rates in force on 31st March, 1978, appropriate to that pay shall be the pay for purposes of calculating the average emoluments; and

(ii) in cases where a person had drawn pay in the Revised Pay Scales of 1974 during any part of the period of 10 months immediately preceding the date of retirement, for such period during which pay in the Revised Pay Scales 1974 is drawn, pay for purposes of average emoluments shall be the basic pay drawn from time to time during the said period plus the Dearness Allowance appropriate to that basic pay at the rates in force on the 1st April, 1978] - This explanation was added by G.O.Ms.No.237, Finance and Planning (FW.Pen.I) Department, dated 25.7.80.

(2) In the case of a Government servant retiring in accordance with the provisions of these rules after completing qualifying service of not less than ten years, the amount of pension shall be the appropriate amount as set out below, namely:-

            Completed six monthly 

        periods of qualifying  service            Scale of Pension

                       (1)                                                      (2)

                                                                 (B) Pension 

                    20.                                 10/60ths of average emoluments 

                    21.                                 10 1/2/60         do 

                    22.                                 11/60             do 

                    23.                                 11 1/2/60         do 

                    24.                                 12/60             do 

                    25.                                 12 1/2/60         do 

                    26.                                 13/60             do 

                    27.                                 13 1/2/60         do 

                    28.                                 14/60             do 

                    29.                                 14 1/2/60         do 

                    30.                                 15/60             do 

                    31.                                 15 1/2/60         do 

                    32.                                 16/60             do 

                    33.                                 16 1/2/60         do 

                    34.                                 17/60             do 

                    35.                                 17 1/2/60         do 

                    36.                                 18/60             do 

                    37.                                 18 1/2/60         do 

                    38.                                 19/60             do 

                    39.                                 19 1/2/60         do 

                    40.                                 20/60             do 

                    41.                                 20 1/2/60         do 

                    42.                                 21/60             do 

                    43.                                 21 1/2/60         do 

                    44.                                 22/60             do 

                    45.                                 22 1/2/60         do 

                    46.                                 23/60             do 

                    47.                                 23 1/2/60         do 

                    48.                                 24/60             do 

                    49.                                 24 1/2/60         do 

                    50.                                 25/60             do 

                    51.                                 25 1/2/60         do 

                    52.                                 26/60             do 

                    53.                                 26 1/260         do 

                    54.                                 27/60             do 

                    55.                                 27 1/2/60         do 

                    56.                                 28/60             do 

                    57.                                 28 1/2/60         do 

                    58.                                 29/60             do 

                    59.                                 29 1/2/60         do 

                    60.                                 30/60             do 

58.

(1)(a) Retirement Gratuity :-

A Government servant, who has completed five years’ qualifying service and has become eligible for service gratuity or pension shall, on his retirement, be granted retirement gratuity equal to one third of his emoluments for each completed six monthly period of qualifying service, subject to a maximum of 20 times the emoluments or thirty thousand Rupees whichever is less.

(b) If a Government servant dies while in service after completing five years’ qualifying service, the amount of retirement gratuity shall be equal to 12 times of his emoluments or the amount determined under clause (a), whichever is higher: Provided that the amount of retirement gratuity payable under this rule shall, in no case, exceed thirty thousand rupees. 1[(2) Interest shall be allowed on delayed payment of Retirement Gratuity as prescribed from time to time subject to the following conditions, namely:-

(i) the sanction of Government in the administrative department concerned should be obtained with the concurrence of the Finance Department for payment of interest in every case, explaining the reasons for the delay in the payment of gratuity. In all cases where interest has to be paid to a retired Government servant under this sub rule action should be taken against the officer responsible for the delay in sanctioning the gratuity.

(ii) where disciplinary or judicial proceedings against a Government servant are pending on the date of his retirement provisional pension is authorised under Article 351-B of the Andhra Pradesh Pension Code Volume-I/Rule 52 of Andhra Pradesh Revised Pension Rules, 1980. No gratuity is paid in such cases until the conclusion of the proceedings and issue of final orders thereon. The gratuity, if allowed, to be drawn by the competent authority on conclusions of the proceedings will be deemed to have fallen due on the date of issue of final orders by the competent authority in such proceedings.

(iii) these orders shall not apply to arrears of gratuity which may become due as a result of enhancement of the emoluments after retirement or liberalisation in the pension rules, from a date prior to the date of retirement of the Government servant; and 1. Sub-rule (2) was inserted by G.O.Ms.No.185, Finance and Planning (FW.Pen.I) Department, dated 9.11.1992.

(iv) interest will be allowed only where it is clearly established that the payment of Retirement Gratuity was delayed on account of administrative lapse or for reasons beyond the control of the Government servant concerned.]

59. Family Pension: -

(1) The family of the deceased shall be entitled to a monthly family pension at 30% of pay last drawn without any maximum limit.

(2)

(a)

(i) Where a Government servant dies while in service after having rendered not less than seven years continuous service, the rate of Family pension payable to the family shall be equal to 50% of the pay last drawn and the amount so admissible shall be payable from the date following the date of death of the Government servant for a period of seven years or till the date on which the Government servant would have reached the age of sixty five years had he remained alive; whichever is earlier; and

(ii) In the event of death of a Government servant, after retirement, the Family pension as determined under sub-clause (i) shall be payable for a period of seven years, or for a period up to the date on which the retired deceased Government servant would have attained the age of 65 years had he survived whichever is less: Provided that in no case the amount of Family pension determined under this clause shall exceed the pension sanctioned on retirement from Government service: Provided further that where the amount of pension sanctioned on retirement is less than the family pension admissible under sub-rule (1), the amount of family pension determined under this clause shall be limited to the amount of family pension admissible under sub-rule (1), and (b) After the expiry of the period referred to in sub-clause (a), the family, in receipt of Family pension under that clause shall be entitled to family pension at the rate admissible under sub-rule (1).

(3) In case both wife and husband are Government servants and are governed by the provisions of these rules and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of death of the husband /wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, subject to the limits specified below, namely:-

(a)

(i) if the surviving child or children is or are eligible to draw two Family pensions at the rate mentioned in sub-rule (2), the amount of both the pensions shall be limited to 1[five thousand one hundred and ninety rupees] per mensum.

(ii) if one of the family pensions ceases to be payable at the rate mentioned in sub-rule (2), and in lieu thereof the pension at the rate mentioned in sub-rule (1) becomes payable, the amount of both the pensions shall also be limited to 1[five thousand one hundred and ninety rupees] per mensum.

(b) if both the Family pensions are payable at the rates mentioned in sub-rule (1), the amount of two pensions shall be limited to 1[five thousand one hundred and ninety rupees] per mensum.