QUALIFYING SERVICE (CHAPTER - III)
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RAILWAY SERVICES (PENSION)
RULES, 1993
CHAPTER - III
QUALIFYING SERVICE
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20. Commencement of qualifying service |
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21. Conditions subject to which service
qualifies |
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22. Counting of service on railways as
qualifying service |
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23. Counting of service on probation |
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24. Counting of service on contract. |
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25. Counting of service rendered under
Private railway Companies and quasi railway bodies. |
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26. Counting of service rendered in the
Indian Railway Conference Association |
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27. Counting of service rendered under the
Central Government (in a Civil Ministry or Department or as a Civilian employee
under the Ministry of Defence including Ordinance Factories) or a State
Government by a person transferred and permanently absorbed on the railway |
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28. Counting of temporary service under the
State and Central Government and allocation of pensionary liability |
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29. Pensionary liability of Departments of
the Central Government |
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30. Counting of service rendered by
Scientific employees in semi-Government institution |
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31. Counting of service paid from
Contingencies |
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32. Counting of service of Substitute |
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33. Counting of pre-retirement Civil
(including railway) service in the case of re-employed railway servant |
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34. Counting of Military service rendered
before employment on the railway |
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35. Verification of Military Service |
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36. Counting of period spent on leave |
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37. Counting periods of suspension |
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38. Counting of periods spent on training |
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39. Counting of past service on
reinstatement |
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40. Forfeiture of service on dismissal or
removal |
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41. Forfeiture of service on resignation |
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42. Effect of interruption in service |
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43. Condonation of interruption in service |
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44. Treatment of breaks in service Condoned
for Special contribution to Provident Fund |
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45. Addition to qualifying service in
special circumstances |
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46. Period of deputation to United Nations
and other Organisations |
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47. Verification of qualifying service
after twenty five years' service, or five years before retirement |
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48. Deficiency in service |
20. Commencement of qualifying service – Subject to the provisions of these
rules, qualifying service of a railway 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 officiating or
temporary service is followed, without interruption, by substantive appointment
in the same or another service or post:
Provided further that -
- in the case of a railway
servant in a Group 'D' service or post who held a lien or a suspended lien
on a permanent pensionable post prior to the 17th April, 1950, service
rendered before attaining the age of sixteen years shall not count for any
purpose; and
- in the case of a railway
servant not covered by clause (a), service rendered before attaining the
age of
Substituted
vide Railway Board's letter No. F(E) III/99/PN 1/38 (Modification) dated
23.05.2000 (RBE 100/2000).
- the provisions
of clause (b) shall not be applicable in the cases of counting of military
service for civil pension under rule 34.
#
Inserted vide Railway Board's letter No. F(E)III/2004/PN1/21 (Amendment) dated
7.12.2004 (RBE 251/2004).
21. Conditions subject to which service
qualifies
- The service of a railway
servant shall not qualify unless his duties and pay are regulated by the
Government; or under conditions determined by the Government.
Explanation:
Save as otherwise provided in these rules for the purpose of sub-rule (1) the
expression "service" means service under the Government and paid by
the Government from the Consolidated Fund of India or a Local Fund administered
by that Government but does not include service in a non-pensionable
establishment unless such service is treated as qualifying service by that
Government.
- In case of a railway servant
belonging to a State Government who is permanently transferred to a
service or post under the railways, the continuous service rendered under
the State 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 railway servant
who is appointed otherwise than by deputation to a service or post to which
these rules apply.
22. Counting of service on railways as
qualifying service – The
service of a railway servant which shall qualify for pensionary benefits, to
the extent provided for in these rules, shall be as follows:
- continuous service in the
Indian Railways or continuous service in former company railway or in a
former State Railway which have been taken over by the Central Government;
and followed by service on Indian Railways.
Note:
Service rendered by a railway servant with a former State Ruler whether as a
State employee or personally to the ex-Ruler or in his household prior to the
Federal Financial Integration, followed without break of such service, shall be
treated as service in the former State Railway for the Purpose of pensionary
benefits irrespective of whether his emoluments were paid from the State
Revenues or from the private source of the ex-Ruler.
- Service rendered before
joining the Indian Railway or a former Company railway or former State
railway, which have been taken over by the Government, provided it is: -
- a service in an Indian
Railway or former State railway or former Company railway if at the time
of transfer it was decided that such service would count for special
contribution to Provident Fund;
- a service on a contract
basis on an Indian Railway or a former Company railway or a former State
Railway subject to the provisions of Rule 24;
- a service under a private
railway company or a quasi railway body to the extent and subject to the
provisions of Rule 25;
- A non-pensionable service of
a scientific employee under a semi-Government institution which is
financed from cess or Government grants subject to the provisions of Rule
30.
- A military or a war service.
- A qualifying service rendered
under the Central Government (in a Civil Ministry or Department or as a
civilian employee under the Ministry of Defence including the Ordnance
Factories) or a State Government before transfer to Railways in accordance
with the provisions of Rule 27.
23. Counting of service on probation - Service constituting period of
probation of a railway servant appointed as a probationer or on probation and also the last two years of
apprenticeship period of Special Class Apprentices shall be treated as
qualifying service.
Deleted vide Railway Board's
letter No. F(E) III/99/PN 1/38 (Modification) dated 23.05.2000 (RBE 100/2000).
24. Counting of service on contract.
- A person who is initially
engaged by the railways on a contract and is subsequently appointed to the
same or another post in a substantive capacity, without a break in
service, such contract period of service shall be treated like any other
permanent service in the railway and be taken into account for calculating
for the pensionary benefits, subject to the conditions laid down in these
rules;
Provided
that
- the period of contract
service, during which the Contract officer did not subscribe to the State
Railway Provident Fund (Contributory), shall count to the extent
indicated above, if during such period, the Railway servant concerned did
not receive any inflated rates of pay by reason of absence of any
retirement benefits;
- if the railway servant
concerned has subscribed to the State Railway Provident Fund
(Contributory) during a period of service, he shall have the option
either
- to refund the Government
contribution in the Provident Fund together with interest there-on, and
Special Contribution to Provident Fund, if any, for the period in
question and to count the contract service for pensionary benefits to
the extent indicated above, or
- to retain the Government
contribution to the Provident Fund with interest thereon including any
other compensation and Special Contribution to Provident Fund, if any,
and not to count the period of contract service in question for
pensionary benefits.
- The option, referred to in
sub-clause (a) or sub-clause (b) of clause (ii) of sub-rule (1), shall be
exercised within three months from the date of issue of the order of
confirmation of the railway servant concerned in a substantive post and if
he is on leave on that date, within three months of his return from leave,
whichever is later.
- If no option is received from
the railway servant within the period referred to in sub-rule (2), he
shall be deemed to have opted for retention of monetary benefits referred
to in sub-clause (b) of clause (ii) of sub-rule (1).
- Where a railway servant (on
contract basis) who was admitted to the State Railway Contributory
Provident Fund opts for the alternative in sub-clause (a) of clause (ii)
25. Counting of service rendered under
Private railway Companies and quasi railway bodies.
- The previous service of
employees of the former private or former State railway companies and
quasi-railway bodies who were absorbed in or appointed as fresh entrants
in the Indian Railways shall be taken into account for pensionary benefits
under these rules, if countable as under, for the purpose of special
contribution to Provident Fund.
- if under the existing
orders, the service is not countable for special contribution to
Provident Fund, the same shall not be taken account for pensionary
benefits;
- if under the existing
orders, previous service is countable for determining only eligibility
for special contribution to Provident Fund the same shall be taken into
account in full for pensionary benefits.
- The previous service, which
is taken into account in accordance with the provisions of sub-rule (1),
shall be treated as service in Railways to the extent indicated therein,
for pensionary benefits under these rules.
26. Counting of service rendered in the
Indian Railway Conference Association - If a part of the service rendered by a railway servant in the
Indian Railway Conference Association, such service shall be deemed as having
been rendered under the Government and shall be taken into account for
calculating the qualifying service under these rules;
Provided that the transfer
has been effected as a result of the railway servants application having been
forwarded through proper channel or in consequence of the Indian Railway
Conference Association and the Indian Railway Administration having agreed to
such transfer on account of the employee's special qualification or experience.
27. Counting of service rendered under the
Central Government (in a Civil Ministry or Department or as a Civilian employee
under the Ministry of Defence including Ordinance Factories) or a State
Government by a person transferred and permanently absorbed on the railway
- A pensionable employee
transferred to the railways from another Central Government Department
shall be treated as on deputation so long as he is not permanently
absorbed in the railway service and on permanent absorption in such
service he shall be entitled to pensionary benefits under these rules.
- If a permanent employee, who
is a member of a Contributory Provident Fund, is transferred and
permanently absorbed in a railway service on pensionable basis, the period
of service rendered by him prior to his joining such railway service shall
count for pensionary benefits under these rules and the employee's
contribution to his Provident Fund Account shall be resumed by the Ministry
or Department under which he had served prior to joining such railway
service.
- In the case of an employee,
who was a member of a Contributory Provident Fund while in the service of
a State Government, the amount of Government contribution with interest
thereon shall be resumed by the railways with the consent of the State
Government concerned and such employee shall be allowed to count the
period of his service under the State Government during which he had
actually subscribed to the Contributory Provident Fund and if the State
Government concerned is willing to bear the proportionate liability on
service-share basis taking into account the entire service under such
Government, the Government contribution for such service credited by it
shall be resumed by such State Government.
- The provisions of Rule 23
shall apply as far as may be, to the contract service rendered under a
State or the Central Government provided that the previous contract
service during which the railway servant did not subscribe to a
Contributory Provident Fund shall count only if the previous employer is
prepared to share the proportionate liability on service-share basis for
the entire service rendered under him.
28. Counting of temporary service under the
State and Central Government and allocation of pensionary liability
- The Government servants can
be allowed the benefit of counting their qualifying service both under the
Central Government and the State Governments for grant of pension by the
Government from where they retire:
Provided
that the gratuity, if any, received by the Government employee for temporary
service under the Central or State Government shall be refunded by him to that
Government concerned.
- The Government servants
eligible to claim the benefits of combined service in accordance with
sub-rule (1) shall be of the following categories: -
- those who having been
retrenched from the service of the Central Government or a State
Government but have secured on their own, employment under a State or the
Central Government either with or without interruption between the date
of retrenchment and date of new appointment;
- those who while holding
temporary posts under the Central Government or a State Government apply
for posts under the Central Government or a State Government through
proper channel with proper permission of the administrative authority
concerned;
Provided
that where an employee is required for administrative reasons, for satisfying a
technical requirement, to tender resignation from the temporary post held by
him before joining the new appointment, a certificate to the effect that such
resignation had been tendered for administrative reasons or to satisfy a
technical requirement to join, with proper permission the new posts, may be
issued by the authority accepting the resignation. A record of this certificate
may also be made in his service book under proper attestation to enable him to
get this benefit at the time of retirement.
- The provision of this rule
shall not apply to the employees in the previous employment of the State
Governments of
29. Pensionary liability of Departments of
the Central Government –
The liability for pension including gratuity shall be borne in full by the
Department to which the Government servant permanently belongs at the time of
retirement and no recovery of proportionate pension shall be made from other
Department of the Central Government under whom he had served.
30. Counting of service rendered by
Scientific employees in semi-Government institution - Service rendered by a scientific
employee in a semi-Government institution which is financed from cess or
Government grants and during such service he was subscribing to a Contributory
Provident Fund, shall, on permanent appointment without any interruption to a
pensionable railway service be counted as service qualifying for pension:
Provided that the
contribution together with interest thereon paid by the said institution is
made over to the Government but so much of the period of service during which
he did not subscribe to the Contributory Provident Fund shall not be so
reckoned unless the previous employer agrees to bear proportionate liability on
account of pensionary benefits for the service so rendered. If the employee was
not on a Contributory Provident Fund basis in such an institution, his previous
service shall be reckoned as qualifying for pension if the previous employer
agrees to bear proportionate liability on account of pensionary benefits.
31. Counting of service paid from
Contingencies – In
respect of a railway servant, in service on or after the 22nd day of
August, 1968, half the service paid from contingencies shall be taken into
account for calculating pensionary benefits on absorption in regular
employment, subject to the following condition namely: -
- the service paid from
contingencies has been in a job involving whole-time employment;
- the service paid from
contingencies should be in a type of work or job for which regular posts
could have been sanctioned such as posts of malis, chowkidars and
khalasis;
- the service should have been
such for which payment has been made either on monthly rate basis or on
daily rates computed and paid on a monthly basis and which, though not
analogous to the regular scales of pay, borne some relation in the matter
of pay to those being paid for similar jobs being performed at the
relevant period by staff in regular establishments;
- the service paid from
contingencies has been continuous and followed by absorption in regular
employment without a break;
Provided
that the weightage for past service paid from contingencies shall be limited to
the period after
NOTE
- The provisions of this rule
shall also apply to casual labour paid from contingencies.
- The expression
"absorption in regular employment" means absorption against a
regular post.
32. Counting of service of Substitute – Service rendered as substitute
shall be counted for pensionary benefits from the date of completion of three
months in the case of teachers and four months in other cases of continuous
service as substitute followed by absorption in a regular Group C or Group D posts
without any break.
33. Counting of pre-retirement Civil
(including railway) service in the case of re-employed railway servant
- A railway servant who, having
retired on compensation pension or invalid pension or compensation
gratuity or invalid gratuity, is re-employed and appointed substantively
to a service or post to which these rules apply, may exercise his option
either: -
- to continue to draw the
pension or retain the gratuity sanctioned for his earlier service, in
which case his former service shall not be counted as qualifying service,
or
- to cease to draw his pension
and refund
- pension already drawn;
- the value received for
commutation of part or a part of pension; and
- the amount of
death-cum-retirement gratuity including service gratuity, if any,
and
count the previous service as qualifying service
Provided
that-
- the pension drawn prior to
the date of re-employment shall not be required to be refunded;
- the element of pension
which was ignored for fixation of his pay including the element of
pension which was not taken into account for fixation of pay shall be
refunded by him;
- the element of pension
equivalent of gratuity including the element of commuted part of
pension, if any, which was taken into account for fixation of his pay
shall be set off against the amount of death-cum-retirement-gratuity and
the commuted value of pension and the balance, if any, shall be refunded
by him.
Explanation
- In the proviso to this sub-rule, the expression "which was taken into
account" means, the amount of pension including the pension equivalent of
gratuity by which pay of the railway servant was reduced on initial
re-employment and the expression "which was not taken into account"
shall be construed accordingly.
-
- The authority issuing the
order of substantive appointment to a railway service or post referred to
in sub-rule (1) shall along with such order require in writing the
railway servant to exercise his option under that sub-rule within three
months of the date of issue of such order or if he is on leave on that
date, within three months of his return from leave, whichever is later
and also bring to his notice the provisions of clause (b) of that
sub-rule.
- If no option is exercised
within the period referred to in clause (a), the railway servant shall be
deemed to have opted for clause (a) of sub-rule (1).
- In case of a railway servant
who opts or is deemed to have opted for clause (a ) of sub-rule (1),
pension or gratuity admissible for his subsequent service shall be subject
to the limitation that the service gratuity or the capital value of the
pension and death-cum-retirement gratuity, if any, which would have been
admissible to him at the time of his final retirement if the two period 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
in the Appendix II under the Railway Service (Commutation of Pension) Rules,
1993, as applicable at the time of second or final retirement.
-
- A railway servant who opts
for clause (b) of sub-rule (1) shall be required to refund the gratuity
including death-cum-retirement gratuity, if any, 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 such option.
- The right to count previous
service, as qualifying service shall not be revived until the whole
amount has been refunded.
- In the case where a railway
servant who, having elected to refund the gratuity, dies before the entire
amount is refunded, the un-refunded amount of gratuity shall be adjusted
against the death-cum-retirement gratuity which may become payable to such
deceased's family.
34. Counting of Military service rendered
before employment on the railway
- A railway servant who is
re-employed in a railway service or post before attaining the age of
superannuation and who, before such re-employment, had rendered military
service after attaining the age of eighteen years, may, on his confirmation in
a railway service or post, opt either —
#
Omitted vide Railway Board's letter No. F(E)III/2004/PN1/21
(Amendment) dated 7.12.2004
(RBE 251/2004).
- to continue to draw the
military pension or retain gratuity received on discharge from military
service, in which case his former military services shall not count as
qualifying service; or
- to cease to draw his pension
and refund,—
- the pension already drawn;
- the value received for the
commutation of a part of military pension; and
- the amount of
death-cum-retirement gratuity including service gratuity if any,
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 :
Provided
that-
- the pension drawn prior to
the date of re-employment shall not be required to be refunded;
- the element of pension
which was ignored for fixation of his pay including the element of
pension which was not taken into account for fixation of pay shall be
refunded by him;
- the element of pension
equivalent of gratuity including the element of commuted part of
pension, if any, which was taken into account for fixation of his pay
shall be set off against the amount of death-cum-retirement-gratuity and
the commuted value of pension and the balance, if any, shall be refunded
by him.
Explanation
- In the proviso to this sub-rule, the expression "which was taken into
account" means, the amount of pension including the pension equivalent of
gratuity by which pay of the railway servant was reduced on initial
re-employment and the expression "which was not taken into account"
shall be construed accordingly.
-
- The authority issuing the
order of substantive appointment to a railway service or post referred to
in sub-rule (1) shall along with such order require in writing the
railway servant to exercise his option under that sub-rule within three
months of the date of issue of such order or if he is on leave on that
date, within three months of his return from leave, whichever is later
and also bring to his notice the provisions of clause (b) of that
sub-rule.
- If no option is exercised
within the period referred to in clause (a), the railway servant shall be
deemed to have opted for clause (a) of sub-rule (1).
-
- A railway servant who opts
for clause (b) of sub-rule (1) 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 such option.
- The right to count previous
service, as qualifying service shall not revive until the whole amount
has been refunded.
- In the case where a railway
servant who, having elected to refund the pension, bonus or gratuity, dies
before the entire amount is refunded, the un-refunded amount of pension or
gratuity shall be adjusted against the death-cum-retirement gratuity which
may become payable to such deceased's family.
- When an order is passed under
this rule allowing previous 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. railway service.
Clarification for Personnel
Below Officer Rank vide letter No. F(E)III/88/PN1/15 dated
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