CLASSES OF PENSION AND CONDITIONS GOVERNING THEIR GRANT (CHAPTER - V)
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RAILWAY SERVICES (PENSION)
RULES, 1993
CHAPTER - V
CLASSES OF PENSION AND
CONDITIONS GOVERNING THEIR GRANT
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51. Superannuation Pension |
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52. Retiring Pension |
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53. Pension on absorption in or under a
corporation, company or body |
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54. Payment of lump-sum amount to persons
on absorption in or under a Corporation, Company or body |
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55. Invalid Pension |
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56. Rules regarding medical certificate |
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57. Conditions regarding grant of medical
certificate |
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58. Statement giving grounds for retirement |
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59. Form of medical certificate |
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60. Reasons for medical opinion of
incapacity or under statement of age |
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61. Requirement of details in the certificate |
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62. Date of invalidation |
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63. Compensation Pension |
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64. Compulsory retirement pension |
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65. Compassionate allowance |
51. Superannuation Pension – A superannuation pensions shall be
granted to a railway servant who is retired on his attaining the age of
compulsory retirement.
Note : As from the 1st November, 1973, railway servants
in Groups 'B’, 'C' and 'D' service or posts, and as from the 1st April, 1974,
railway servants in Group 'A' service or posts, shall retire from the afternoon
of the last day of the month in which their date of retirement according to rule
1801 of the Code falls, without prejudice to the provisions contained in rules 1802,
1803 and 1804 of the said Code.
52. Retiring Pension - A retiring pension shall be granted
to a railway servant who retires, or has retired before attaining the age of
compulsory retirement, in accordance with the provisions of rules 66 and 67 of
these rules and rule 1802 of the code.
53. Pension on absorption in or under a
corporation, company or body
- A Railway 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
Central Government or a State Government or in or under a body controlled
or financed by the Central Government or a State Government, shall be
deemed to have retired from service from the date of such absorption and
subject to sub-rule (3), he shall be eligible to receive retirement
benefits, if any, from such date as may be determined, in accordance with
the orders of the Railways applicable to him.
# Amended vide Railway Board's letter
No. F(E)III/2003/PN1/25 dated 20.1.2005 (RBE 15/2005).
A
railway 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 his
resignation is accepted and shall be eligible to receive retirement benefits
which he may have elected or deemed to have elected, and from such date as may
be determined in accordance with the orders of the Railways applicable to him.
Explanation:
- Date of absorption shall be
- In case a railway employee
joins a corporation or company or body on immediate absorption basis, the
date on which he actually joins that corporation or company or body;
- In case a railway employee
initially joins a corporation or company or body on foreign service terms
by retaining a lien under the railways the date from which his
unqualified resignation is accepted by the railways.
- The provisions of sub-rule
(1) shall also apply to a railway servant who is permitted to be absorbed
in joint sector undertakings, wholly under the joint control of Central
Government and State Governments/Union Territory Administrations or under
the joint control of two or more State Governments/Union Territory
Administrations.
- Where there is a pension
scheme in a body controlled or financed by the Central Government in which
a railway servant is absorbed, he shall be entitled to exercise option
either to count the service rendered under the railways in that body for
pension or to receive pro-rata retirement benefit for the service rendered
under the railways in accordance with the orders issued by the railways.
Explanation:
- Body means autonomous body or statutory body.
54. Payment of lump-sum amount to persons
on absorption in or under a Corporation, Company or body – Where a railway
servant referred to in rule
53 elects the alternative
of receiving the death-cum-retirement gratuity and a lump-sum amount in lieu of
pension, he shall, in addition to the death-cum-retirement gratuity, be granted
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- on an
application made in this behalf, a lump-sum amount not exceeding the
commuted value of one-third of his pension as may be admissible to him in
accordance with the provisions of the Railway Service (Commutation
of Pension) Rules, 1993; and
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benefits equal to the commuted value of the balance amount of Pension left
after commuting one-third of pension to be worked out with reference to
the commutation Table in Appendix to the Railway Services (Commutation of
Pension) Rules, 1993 on the date of his resignation subject to the
condition that the railway servant surrenders his right of drawing
two-third of his pension.
# Omitted vide Railway Board's letter
No. F(E)III/2003/PN1/25 dated 20.1.2005 (RBE 15/2005).
55. Invalid Pension
- Invalid pension may be
granted to a railway servant who retires from service on account of any
bodily or mental infirmity, which permanently incapacitates him for the
service.
- A railway servant applying
for an invalid pension shall submit a medical certificate, from a duly
constituted medical authority, of his permanent incapacity for service due
to bodily or mental infirmity.
- Where the medical authority
referred to in sub-rule (2) has declared a railway servant fit for further
service of less laborious character than that which he had been doing he
should, provided he is willing to be so employed, be employed on a lower
post and if there be no means of employing him even on a lower post, he
may be admitted to invalid pension.
- A railway servant may, if he
considers that he is not in a fit state of health to discharge his duties,
apply to the appropriate authority for retirement on invalid gratuity or
pension.
56. Rules regarding medical certificate – The medical certificate for
incapacity shall be certified by the medical authority as under: -
- If the railway servant is
serving abroad or is on leave out of India, by a Medical Board to be
convened for the purpose by the concerned Indian Mission abroad which
shall consist of a physician, a surgeon and an ophthalmologist all of whom
shall have consultant status and are drawn from the doctors approved for
the mission concerned:
Provided
that a lady doctor shall be included as a member of such Medical Board whenever
a female railway servant is to be examined.
- If the railway servant is in
- by the Medical Officer
incharge of the District or Division if the railway servant holds a Group
'D' or Group 'C' post but whose pay does not exceed seven hundred and
fifty rupees per mensum.
- in all other cases by a
Medical Board consisting of three District or Divisional Medical
Officers, each in Senior Scale, but if this is not feasible, one or two
members may be the Chief Medical Officer or the Civil or Presidency
Surgeon or a specialist on the staff of a recognised Medical Institution
but as far as possible one of the member of such Board shall be a
physician another a surgeon and the third being a specialist in the
required lines.
Note: An Assistant Medical Officer in independent charge
of a District or Division may be co-opted as a member of the Medical Board, in
case there is any difficulty in constituting the Board of three Senior
Scale/Medical Officers:
Provided
that if the railway servant is posted at Delhi or New Delhi in the Railway
Board or in the Railway Liaison Office and is governed by the Civil (not
Railways) Medical rules, the medical authority will be such as the Chairman of
the Central Standing Medical Board, Dr. Ram Manohar Lohia Hospital or
Safderjang Hospital, New Delhi, may determine unless the medical examination is
to be conducted at a place other than Delhi or New Delhi, in which case the
medical authority shall be such as the Head of the Department may determine.
57. Conditions regarding grant of medical
certificate
- Save where he is on leave out
of India, no railway servant shall apply for a medical certificate of
incapacity and no such certificate shall be granted unless: -
- the applicant produces a
letter to show that the Head of his office or Department is aware of his
intention to appear before the Medical authority; and
- the medical authority is
informed about the age of the applicant as recorded in his Service Book
or history of services and is supplied with statement of the leave taken
by him during the three years immediately preceding, and of the history
of the medical case and the treatment adopted, as far as possible.
58. Statement giving grounds for retirement – When it is proposed to retire a
railway servant, on an invalid gratuity or pension on account of general
disability while he is still under fifty-eight years of age, the appropriate
authority under whom he is working shall forward to the medical authority an additional
statement giving the grounds on which it is proposed to retire him.
59. Form of medical certificate – The medical certificate shall be in
the following form: -
"Certified that I/We
have carefully examined AB son of CD ---------- a -------- in the
--------------------- his age is by his own statement, is ---------------------
years, and by appearance about --------------------- years.
I/We consider
--------------------- AB to be completely and permanently incapacitated for
further service of any kind (or in the department to which he belongs) in
consequence of --------------------- (here state disease or cause). His
incapacity does not appear to me/us to have been caused by irregular or
intemperate habits."
Note : If the incapacity is the result of irregular or
intemperate habits, the following will be substituted for the last sentence: -
In my/our opinion his
incapacity is directly has been due to accelerated or aggravated by irregular
intemperate habits.
(If the incapacity does not
appear to be complete and permanent, the certificate should be modified
accordingly and the following addition should be made): -
I am/We are of the opinion
that --------------------- AB is fit for further service of a less laborious
character than that which he has been doing (or may, after resting for
-----------------months be fit for further service of a less laborious
character than that which he has been doing).
60. Reasons for medical opinion of
incapacity or under statement of age – If the medical authority considers a railway servant
incapacitated for further service by general debility while still under the age
of fifty-eight years, it shall give detailed reasons for its opinion. If the
medical authority considers him to be above fifty-eight years, it shall state
its reasons for believing the age to be understated:
Provided that in doubtful
cases, a second medical opinion shall be obtained.
61. Requirement of details in the
certificate – A mere
certificate that inefficiency is due to old age or natural decay from advancing
years shall not be deemed to be sufficient for retiring a railway servant on
invalid gratuity or pension.
62. Date of invalidation – A railway servant, who is declared
by the medical authority referred to in rule 55 to be completely and
permanently incapacitated for further service shall, if he is on duty, be retired
from service from the date of relief of his duties which shall be arranged
without delay on receipt of a report from the medical authority or if, he is
granted leave under rule 522 of the Code on the expiry of such leave but if he
is on leave at the time of receipt of the medical certificate, he shall be
retired from service on the expiry of such leave or extension of leave if any
granted to him under rule 522 of the said code.
63. Compensation Pension
- If a railway 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 at least equal
to those of his own have the option –
- of taking compensation
pension to which he may be entitled for the service he had rendered, or
- of accepting another
appointment on such pay as may be offered and continuing to count his
previous service for pension.
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- Notice of at least three
months shall be given to a railway servant in permanent employment before
his services are dispensed with on the abolition of his permanent post.
- Where notice of at least
three months is not given to the railway servant and he 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.
- No compensation pension
shall be payable for the period in respect of which he received pay
and allowances in lieu of notice.
- In case a railway 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.
- If a railway servant who is
entitled to compensation pension accepts instead another appointment under
the railways and subsequently becomes again entitled to receive a pension of
any class, the amount of such pension shall not be less than what he could
have claimed if he had not accepted the appointment.
64. Compulsory retirement pension
- A railway 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 compensation
pension or gratuity, or both admissible to him on the date of his
compulsory retirement.
- Whenever, in the case of a
railway servant the President passes an order (whether original, appellate
or in the exercise of power of review) awarding a pension less than the
full compensation pension admissible under these rule, the Union Public
Service Commission shall be consulted before such order is passed.
Explanation
– In this sub-rule, the expression "pension" includes
"gratuity".
- A pension granted or awarded
under sub-rule (1) or, as the case may be, under sub-rule (2), shall not
be less than three hundred seventy five rupees per mensem.
65. Compassionate allowance
- A railway 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 compensation pension.
- A compassionate allowance
sanctioned under the proviso to sub-rule (1) shall not be less than three
hundred seventy five rupees per mensem.
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