Pension Guidelines | Principal Accountant General (A&E)

Pension Information

Office of the Principal Accountant General (A&E) II
Maharashtra, Nagpur

PENSION DOCUMENTATION GUIDELINES FOR DDOs

PENSION BRANCH OFFICE
Post Box No. 114, GPO, Nagpur 440 001
E-mail: dagpension.mh2.ae@cag.gov.in

FOREWORD

The guidelines for preparation and submission of various types of pension cases by the Drawing and Disbursing Officers to my office have been compiled to serve as a handy guide.

I would sincerely appeal to all concerned to refer to this booklet so that the processing time of pension cases in the various State Government Offices and the AG's office can be substantially reduced and thereby help the retiring Government servants to receive their pensionary dues well in time.

Place: Nagpur
Dated: 18th July 2005

(M. Naveen Kumar)

Accountant General (A&E)- II, Maharashtra

(I) Superannuation Pension

Rule 63 of M.C.S. (Pension) Rules 1982

Conditions for Pension:-
(i) On attaining age of 58 years in respect of Government servants other than class IV
(ii) On attaining age of 60 years in respect of Class IV Government Servants
The following documents must be enclosed with pension cases:
Form No. 1, 3, 5, 6 and 7, Service Book, No Demand and No Enquiry Certificate and Payment / nonpayment certificate for provisional pension and DCRG.
Form No. 1:-It is a Nomination for Gratuity.
Form No. 3:-Contains details of family members which should agree with contents of clause 26 of Form 6
Form No. 5:-It is an application for pension and to be obtained from pensioner. It must contain name and address of the pensioner and name of Treasury for drawal of pension.
Form No. 6:-Since all important events of Government Servants service are filled in this Form it may serves as a substitute for Service Book, in exceptional cases, in Principal Accountant General's office. All clauses are to be filled in completely and correctly; particularly clause no. 1, 3,7,8,9, 10, 12, 14, 15, 16, 22 to 26 (iii) and 29.
The details of military service and amount and nature of any pension / gratuity received for such military service should invariably noted to decide the element of Family pension in cases of Ex. Servicemen
The form is to be signed by Head of Office. A calculation sheet in Part III is invariably enclosed along with this form in triplicate duly signed by the Head of office.
Form No 7:-

(i)This is a form of letter to Accounts Officer for forwarding the pension papers of a Government servant.

(ii) The Government dues to be recovered from pensioner should find a place in Column No. 2 along with the Major Head of account to which it is credited. If no Government dues are to be recovered the word Nil should be written/recorded.

(iii) Column No. 3 (a) & (b) are of most important. If the Departmental enquiry is not pending. Column No. 3 (b) should be completely scored out and vice versa.

(iv) The form is to be signed by the Head of Office and not by any other authority.

(v) The pension case of Head of Office is required to be routed through next higher authority.

In respect of Pension cases of Non Government. Secondary Schools and Colleges the following documents are to be sent along with other above documents:

(i)Certificate regarding recognition of School/College and aided by Government.

(ii)Certificate to the effect that the pensioner was full time employee.

(iii)Correctness certificate of Management share.

(iv)The break certificate is as per requirement in that,

(a) The total number of breaks is not more than 6 during the entire service.

(b) Each break is less than or equal to a period of 1 year

This certificate should be attested by competent authority.

Service Book

Service Book is a main document to decide the pension case which should invariably send to Principal Accountant General with pension case by Regd A.D. or by hand delivery. It is advised to exercise the following checks before sending the Service Book:-

(i) The first page of the service book is completely filled in and attested by Head of Office.

(ii) The date of birth is recorded both in words and figures. In case of any alteration it should be attested by the Head of Office.

(iii) Daily rated continuous service as well as service rendered on work charged establishment counts for pension to the extent of half of such service provided there is no break in service and if there, the same has been condoned by the competent authority.

In cases of Daily rated service a certificate to the effect that service from ……… to ………. on daily wages was continuous and verified from Nominal Muster Roll should be recorded in the body of the service book.

Note:-The daily rated continuous service rendered by the employees of the Forest department in supernumerary post prior to 1-11-94 is not counted for pension. A specific note to that effect needs to be taken in Service Book.

(iv) From 1-2-2001 onwards Extra Ordinary leave availed otherwise than on medical ground will not count for pension. Therefore specific note of E.O.L. availed on Medical ground and other than medical ground should be taken in Service Book preferably in red ink to draw the attention of Reader of Service book.

(v) It should be ensured that service book contain the certificate of verification of service with reference to pay bills and is attested by the competent authority.

(vi) Pay drawn in a time scale along with post held and promotion from time to time should be clearly indicated. It is to be ensured that full time scale with rate of increments is noted.

(vii) It should be ensured that pay as on 1-1-86 & 1-1-96 has been approved by pay verification unit and discrepancy / overpayment pointed out by Pay verification unit has been attended. As regard to the recovery of overpayment pointed out by Pay Verification Unit, it is to ensure that it is recovered and a clear note to the effect taken.

(viii) It should be ensured that where extra ordinary leave is availed for 30 days or more the increment due is properly postponed by a period of such leave.

(ix) It should be ensured that all nominations properly filled in all respect and duly accepted by the competent authority are pasted in Service Book.

(x) The date of appointment is clearly noted in the Service book along with the order of competent authority. Overage, break in service etc. if any, is condoned by the competent authority.

(xi) All duty period with interruption due to leave are recorded serially.

(xii) The GPF Account number of the Government servant should invariably be recorded prominently on first page of Service Book and in Last Pay Certificate.

(xiii) Treatment for suspension period, if any, is clearly recorded.

(xiv) Punishment awarded if any, during service should be indicated clearly with pecuniary effect.

(xv) In cases of Medical Department specific note of Non Practicing Allowance (NPA) drawn, if any may be recorded.

(xvi) Note regarding grant of HBA, MCA, Computer Advance, Medical treatment advance should be clearly taken in Service Book. On complete recovery of such advance with interest a clear note to that effect should also be recorded.

(xvii) Ensure that annual increments up to the date of retirement has been released.

(xviii) Note of retirement is taken in Service Book.

(xix) Order of provisional pension and gratuity are noted in service book.

(xx) A note of confirmation / Permanency is taken in Service Book

(xxi) A clear note of retiring the Government servant as per rule 10 (4), Rule 65 (1) (b) Rule 10 (5); Rule 65 (1) (a) or Rule 66 or Rule 67 as the case may be recorded in the Service book as well as in clause 12 of Form 6.

(xxii) In case of voluntary retirement the date of notice given by the pensioner and date from which he is retired should be noted in Service Book.

(xxiii) Please see that notice is not given before actual completion of 20 years of Qualifying Service.

(xxiv) Extra Ordinary Leave is not admissible during Leave Preparatory to Retirement.

In addition to above following documents are also to be sent after the date of retirement.

i) Last pay certificate (LPC):- The last pay certificate is to be issued only after the actual date of retirement and it should be complete in all respect viz the details of pay and allowances and the date up to which the same has been paid.

ii) No event certificate.

(II) Retiring pension

A Government servant is entitled for retiring pension when he retires or retired in advance of the age of superannuation in accordance with the provision.

As per rule 10 (4) or Rule 65 (i) (b)
As per rule 10 (5) or Rule 65 (i) (a)

3) Voluntary retirement after completion of 20 years of qualifying service under Rule 66.

4) Retiring pension on absorption in or under a corporation, autonomous body or local authority under rule 67. Please ensure:-

i) Absorption is in public interest.

ii) Government servant has exercised an option as required under rule.

iii) Option for family pension is exercised.

The pension cases along with forms prescribed in case of superannuation pension and service book is to be submitted to A.G. Office.

(III) Invalid Pension

Rule 68 to 80

A government servant who has been permitted to retire from government service before reaching the age of superannuation on production of Medical certificate in Form 72 to the effect that government servant is by mental or bodily infirmity incapacitated for government service or in a particular branch to which he belongs.

(2) Pension case Along with form as prescribed for superannuation pension duly signed by Head of Office Along with service book completed in all respect is to be sent to A.G. Office. In addition to above, following documents are also to be submitted.

(i)Medical certificate in Form 72 issued by competent authority in original or authenticated copy thereof duly signed by the Head of Office.

(ii) A certificate to the effect that there is no post having less responsibility on which the government servant could have employed and as such he is allowed to retire from service. In such cases competent authority should also mention reduction in pension if any.

(iii )Dismissed Government Servant is not eligible for pension under this rule. Therefore such cases may not be sent to A.G.

(iv) Proposal containing forms as prescribed in superannuation pension case Along with service book is required to be submitted to A.G. Office.

(v)Pension and gratuity in such cases can be authorized by this office only on receipt of sanction from Government.

(vi) Application for commutation is to be sent in Form `C'

(IV) Compensation Pension

Rule 81 To 84

Compensation pension is sanctioned to a Government servant who is selected for discharge due to abolition of his permanent post, and no alternative post in the same scale or a lower scale could be provided by Government.

(ii)The proposal containing forms as prescribed in superannuation case is to be submitted Along with service book.

(iii)The circumstances under which compensation pension is sanctioned should be clearly brought out in the proposal.

(iv)Clear note of confirmation or permanency is required to be taken in the service book.

(V) Compulsory Retirement Pension

Rule 100

A Government Servant who is compulsory retired from service as a matter of penalty is eligible for compulsory retirement pension.

(ii) Authority competent to impose penalty can sanction pension or gratuity or both, @ not less than 2/3 and not more than full compensation pension or gratuity or both , admissible on the date of compulsory retirement.

(iii) Proposal containing forms as prescribed in superannuation case Along with service book is required to be submitted to this office.

(iv) Authority competent to sanction pension should issue specific sanction for pension and gratuity on receipt of admissibility report for such pension issued by A.G. office.

(v) Clear note of confirmation in service may be recorded in service book duly attested by the competent authority.

(vi) Commutation in such cases is also admissible provided commutation application is submitted in Form `C'.

(vii) Pension granted under this rule cannot be less than minimum pension fixed by the Government.

(VI) Compassionate Pension

Rule 101

A Government Servant removed from service is not eligible for pension and gratuity. However, in deserving cases Government may sanction a compassionate pension, not exceeding 2/3 of pension or gratuity or both admissible to Government servant, had he retired on compensation pension.

(ii) Pension granted under this rule cannot be less than minimum pension fixed by the Government,

(v) Please ensure that application for commutation of pension is signed by the pensioner.

(vi) Acknowledgement has been given to pensioner in Part II.

(vii) Please check that date of acknowledgment is mentioned in Part III and is sent to A.G. Office duly signed by Head of Office.

(viii)Please note that commutation of pension is absolute only after the date of acknowledgement. Therefore the Head of the Office should ensure that date is invariably put on Part III of the application before sending to A.G. office.

(ix)In case of Voluntary Retirement an application for commutation of pension is required to be submitted only after the date of retirement.

(x)In cases of commutation of pension after Medical Examination, the pensioner may be directed to appear before medical authority for medical examination only after Part IV of Form `C' is received from A.G office duly filled in.

(VII) Provisional Pension /Gratuity

(i) Rule 126 Provisional pension and gratuity on basis of qualifying service can be paid under Rule 126 of MCS (P) Rules where the case is delayed for the reason other than Departmental enquiry or judicial proceeding. The provisional pension can be paid 100% of pension for a period not exceeding six months which can be extended by the A. G. Office for another six months provided suitable proposal to that effect is received in A.G. Office from Department Along with a copy of sanction order for provisional pension paid for initial period of six months. The provisional DCRG equal to 100% of gratuity withholding 10% or Rs. 1000/- can also be paid.

(ii) Rule 130Where a departmental enquiry or judical proceeding are pending provisional pension on the basis of qualifying service under Rule 130 can be paid by the department for initial period of six months which can be extended by A.G. Office for the period beyond six months. On receipt of suitable proposal to that effect Along with a copy of sanction order for payment of provisional pension for initial period of six months, the provisional pension in such cases can be extended by A.G. Office till completion of departmental enquiry or judical proceeding.

No provisional DCRG is payable where Departmental enquiry / judicial proceeding are pending.

(iii) Rule 140 where delay in authorization of family pension is anticipated, provisional family pension and death gratuity can be sanctioned, drawn and disbursed to the family members of the deceased Government servant.

(iv) Note of provisional pension, family pension, retirement

gratuity as well as death gratuity should invariably be taken in Service Book.

(v) If any recovery is affected from RG/DG the same may be indicated in the order of provisional RG/DG to avoid double recovery.

(vi) The payment of provisional pension / Family pension / RG/DG needs to be intimated to A.G. Office while forwarding pension case.

(vii) A copy of sanction order may be invariably sent to A.G. Office.

(viii) Once the proposal for payment of pension / family pension is forwarded to A. G. Office no provisional pension / DCRG should be paid to the pensioner.

(VIII) Commutation of Pension

(i) When a Government servant retires on Superannuation application for commutation is to be submitted in Form `B' only three months before retirement.

(ii) When Application for commutation is submitted after the date of retirement but before completion of one year from the date of retirement it should be submitted in Form `A'.

(iii) If application for commutation of pension is submitted after completion of one year it should be submitted in Form `C' only.

(v) Please ensure that part I of the application for commutation is completely filled in all respect including fraction of a pension to be commuted which in any case should not exceed 1/3 of the pension sanctioned.

(3)(i) that the government servant is relieved from his duties within 7 days from the date of issue of Medical Certificate if he is on duty or if he is on leave immediately after expiry of leave.

(ii) That two out of three clause viz. (a) directly caused (b) Accelerated or aggravated though not directly caused. (c)Neither directly caused, are scored out by the Medical authority.

(4) Commutation application in such cases should be submitted in Form `C' only.

(5) Invalid pension is not admissible to government servant whose incapacity is directly caused due to irregular or intemperate habits. Therefore, such cases should not be sent to A.G. Office.

(IX) Family Pension

Rule 116

Family pension is admissible to family of the deceased Government servant who died while in service or after the date of retirement.

Family: Family includes

(i) Wife or husband as the case may be.

(ii) Judicially seperated wife or husband.

(iii) Son below age of 21 years. Unmarried daughters who have not attended the age of 24 years including son and daughter legally adopted.

The proposal for grant of family pension should contain in following forms:-

(i) Form No. 10:-It is an application for death gratuity obtained from nominee where Nomination subsists or from all eligible members of the family. Please check that all the columns of the form have filled in and

signed by the applicant. Title of the applicant for gratuity may be checked. The contents of Form No. 10 should be attested by a Gazetted Officer and witnessed by two persons.

(ii) Form No. 12:- It is an application for grant of family pension obtained from the applicant eligible for Family Pension. All columns of the form are to be filled in carefully. Please check that the application is signed by the applicant and witnessed by two persons.

(iii) Form No. 16:-It is an important form for assessment of family pension and contain very vital information about the various events during the service life. In exceptional cases this can be used as a good substitute for service book. Hence, all columns of this form should be carefully filled in, with specific note regarding grant of provisional pension and Death Gratuity paid if any.

Family pension is not payable to re-employed Government servant who had retired from military service, on retiring pension or service pension or invalid pension. However, family of the deceased Government servant may be allowed to opt for family pension admissible under this rule or Family Pension authorized at the time of his retirement from military.

The fact of military service should invariably be noted in clause No. 10 (i) & (ii) & 11 of Form 16 to enable A.G. Office to decide the eligibility of family pension in respect of Ex-servicemen.

(iv) Form No. 17:-It is a forwarding letter enclosing Pension case to A.G. Office. The form should also contain information about provisional pension and death gratuity.

Along with the above forms following documents may also be submitted, in support of the claim wherever necessary.

(A)Death certificate: In order to avoid any dispute in the matter of family pension the death certificate should invariably be submitted.

(B)Birth Certificate: In order to safeguard the claim of the family pension in respect of minors, details of family given in form No. 10 and 12 should include the date of birth of all the members supported with authenticated copy of Birth certificate.

(C)Nomination for death gratuity if available may be sent along with the proposal.

(D)Indemnity Bond:-

Family pension in case of minor is authorized through natural guardian and if there is no natural guardian, through defecto guardian. In such cases please ensure that, affidavit for guardianship made by defecto guardian in the Court of Law and Indemnity Bond in Form No. 28 and 29 on a stamp paper of appropriate value and duly accepted by the Head of Office are enclosed with family pension case.

(E)Government dues to be recovered and payment of provisional pension / family pension / DCRG should also be sent while sending proposal for family pension.

(X) Family Pension to Handicapped Son / Daughter

Son or daughter of a deceased government servant suffering from any disorder or disability of mind, physically crippled render him / her unable to earn a living even after the age of 21 years / 24 years as the case may be are eligible for family pension even after the age of 21/24 years for which following documents may be enclosed with the pension proposal.

(a) Certificate to the effect that sanctioning authority have satisfy himself that handicap is of such nature as to prevent him / her from earning livelihood and evidenced from certificate issued by Medical Officer not below the rank of a Civil Surgeon.

(b) Family pension is payable through guardian except in case of physically crippled or disabled son / daughter.

(d) Indemnity Bond in Form 28 and 29 separately for death gratuity and family pension on a stamp paper of appropriate value and duly accepted by the Head of Office.

Note:- Once the above Family Pension is authorised by A.G. Office the receipt of same by the applicant is continued subject to production of Medical Certificate to the Treasury Officer / Bank every after 3 years.

(XI) Other Pensions

(1) Special Family Pension:-

The special family pension is admissible to wife / eligible family member of deceased government servant of Police and Forest department who dies during encounter with Naxalite. The proposal in form 10,12,16,17 along with Death certificate in original and specific Sanction of competent Authority to be submitted to Principal Accountant General Office.

(2) Family Pension to post retrial spouse

For grant of family pension to post retrial spouse it may be ensured that necessary documents as per Government of Maharashtra Orders have been sent.

(3) Family pension in respect of two wives.

Second marriage of the government servant, when first wife is alive is treated as `null and void'. Therefore, family pension is not at all payable to the second wife. However, offspring of the second marriage are eligible for the family pension after the death of first wife in order of seniority.

(4) Family Pension in respect of Government Servant who disappeared suddenly and whose whereabouts are not known.

Family pension in such cases is admissible on receipt of sanction from Administrative Department in Mantralaya. Therefore, in such cases following documents be enclosed along with proposal for grant of family pension.

(i) Copy of F.I.R. (First Information Report)

(ii) Report from concerned police station stating that, whereabouts of the Government servant have not been traced even after all efforts made by police.

(iii) Indemnity Bond from the claimant in the format Annex to G.R. dated 5-7-91

Pension Proposal along with service book, Administrative Sanction, Form 10,12,16,17, age proof in respect of minor may be forwarded to P..A.G. Office.

Note: above guidelines have been prepared based on rules/orders, however should not be taken as an authority in any pension matter.