ORISSA CIVIL SERVICES PENSION RULES, 1992
(1) These rules may be called the Orissa Civil Services (Pension) Rules, 1992.
(2) They shall come into force ** on such date as the State Government may by notification appoint.
Section R.1 of the Odisha Civil Services (Pension) Rules, 1992, primarily deals with the short title, commencement, and definitions related to the rules. It sets the foundational framework for the application and interpretation of the pension rules within the Odisha civil services.
Section R.1 specifies:- The short title of the rules as "Odisha Civil Services (Pension) Rules, 1992."- The commencement date of the rules.- The scope of application.- Definitions of key terms used in the rules.
Note: The analysis is based on the available sources, focusing on the provisions and implications of Section R.1 of the Odisha Civil Services (Pension) Rules, 1992.
(1) In these rules, unless the context otherwise, requires-
(a) "Accountant-General" means the Head of the Office of the Audit and Accounts subordinate to the Comptroller and Auditor General of India, who keeps the accounts of the State and exercises audit functions relating to those accounts on behalf of the Comptroller and Auditor-General, India and includes an Audit Officer and Accounts Officer;
(b) "Child" means a child of the Government servant who -
(i) in the case of a son, until he starts earning his livelihood or attains the age of twenty-five years, whichever is earlier; and
(ii) in the case of a daughter, until she gets married or starts earning her livelihood or attains the age of twenty-five years, whichever is earlier;
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(1) Save as otherwise provided in these rules, these rules shall apply to Government servants, appointed in posts and services in connection with the affairs of the State which are borne on pensionable establishment, but shall not apply to -
(a) Persons in casual and daily rated employment;
(b) Persons paid from contingencies;
(c) Persons entitled to the benefits of Contributory Provident Fund;
(d) Members of the All India Services;
(e) Persons employed on contract except when the contract provides otherwise;
(f) Persons whose terms and conditions of service are regulated by or under the provisions of the Constitution or any other law for the time being in forc
Nothing in this rules shall operate to deprive any Government servant of any right or privilege to which he is entitled -
(a) by or under any law for the time being in force; or
(b) by terms of any agreement subsisting between such person and the Governor at the commencement of these rules; or
(c) to confer on him any right or privilege in respect of any matter for which specific provision is made by the terms of any agreement between such persons and the Governor.
(1) 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.
(2) The day on which a Government servant retires or is retired or is discharged or is allowed to resign from service, as the case may be, shall be treated as his last working day. The day of death shall also be treated as a working day.
(1) Future good conduct shall be an implied of every grant of pension and its continuance under these rules.
(2) 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 of is found guilty or 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 amount of minimum limit.
(3) Where a pensioner is convicted of a
(1) The Government reserve 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 specified period and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Government, if in any departmental or judicial proceedings, the pensioner found guilty of grave misconduct or negligence in duty during the period of his service including service rendered on re-employment after retirement :
Provided that the Orissa Public Service Commission shall be consulted before the final orders are passed :
Provided further that when a part of pension is withheld/ withdrawn, the amount of such pension shall not be reduced below the amount of minimum limit.
In the following cases no claim to pension is admitted, namely :
(a) When a pensioners whole time is not retained for public service but he is merely paid for a work done for the State, such as Advocate-General, Government Pleaders and Law Officers appointed to conduct cases in Courts;
(b) When a public servant holds some other pensionable post, he earns no pension in respect of the second post;
(c) When a Government servant serves under an agreement which contains no stipulation regarding pension, unless the Government specifically authorise him to count such service towards pension; and
(d) (i) When a person is appointed for a limited time only, or for a specified duty on the completion of which he is to be discharged; and
(ii) when a person is
(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 30, 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.
Subject to the provisions of these rules, qualifying service of the 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 except for compensation gratuity, a Government servants service does not qualify for pension till he has completed eighteen years of age :
Provided further that nothing contained in this rule shall apply to the persons who were in service on the 8th September, 1962 and in whose case a lower age-limit had been prescribed.
Subject to the provisions hereinafter contained, the service of a Government servant shall qualify for pension if it conforms to the following three conditions, namely :
(1) The service must be under Government;
(2) The employment must be in a pensionable establishment/ post and
(3) The service must be paid by Government.
CASE LAW :
Applicant placed under suspension on registration of criminal case - Retired during suspension - Provisional pension basing on subsistence allowance granted - Held, applicant entitled to a provisional pension not exceeding his maximum pension on the basis of his qualifying service - Direction issued : 1999 (II) OLR (CSR) 56.
Notwithstanding anything contained in the provisions of Clauses (1) and (2) of Rule 11, Government may, in the case of service paid from the Consolidated Fund of the State -
(a) declare that any class of service shall qualify for pension; and
(b) in individual cases, and subject to such conditions as they think fit to be imposed in each case, allow service rendered by a Government servant to count for pension.
The Service of a Government servant does not qualify for pension unless he is appointed and his duties and pay are regulated by the Government or under orders of Government.
(1) A person who is initially engaged by the Government on a contract basis for a specified period and is subsequently appointed to the same or another post in a temporary or substantive 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;
(b) to agree to refund to the Government the monetary benefits referred to in Clause (a) or to go the same if they have not been paid to him and count in lieu thereof the service for which the aforesaid monetary benefits paid or have become payable.
(2) The option under Sub-rule (1) shall be communicated to the Appointing Authority under intimation to the Accounts Officer with
Service on an establishment paid from the household allowances of the Governor does not qualify for pension.
Explanation - If an Officer has served partly on the household establishment of the Governor, in a capacity which would have given him claim to pension if the service had been paid from the Consolidated Fund of the State, he is entitled from the Consolidated Fund of the State the share of any pension to which he would have been entitled if his whole service had been paid from the Consolidated Fund of the State, proportionate to the length of the Service which has been so paid.
(1) Service rendered to an ex-State, which was merged in the State of Orissa and continued under the Government of Orissa after the date of merger of the ex-State, qualifies for pension, subject to the following conditions, namely :
(i) If an ex-State employee was serving in a State which had a pension or gratuity system, the period of service which is definitely established as qualifying for pension or gratuity according to the rules of that merged State will only be taken into account :
Provided that where such an employee governed under a gratuity systems has received any amount of gratuity in respect of any spell of service rendered to an ex-State, such spell of service shall not count for pension unless he has refunded the said amount with interest at the rate of three per cent per annum calculated from the date of its receipt.
Service rendered by employees of ex-District Boards/ex-Local Boards, irrespective of the fact whether they came over to Government service prior to the date of abolition or were absorbed in Government service due to the abolition of the District Boards/Local Boards, qualifies for pension subject to the following conditions namely :
(i) The period of the service during which the employee did not subscribe to the Contributory Provident Fund, even though under the rules of the ex-District Board/ex-Local Board he was eligible or ineligible to subscribe, shall not count for pension.
(ii) Where the employee has withdrawn his accumulation in Contributory Provident Fund along with the employers share of contribution in respect of any spell of service, such spell of service shall not count for pension unless he has refunded to the State Governmen
(1) Service does not qualify for pension unless it is rendered in a pensionable establishment post.
(2) The entire continuous temporary or officiating service under Government without interruption in the same post or any other post, shall count for the purpose of pension in respect of all categories of Government servants except in the following cases, namely :
(i) Period of service in an non-pensionable establishment;
(ii) Period of service in the work-charged establishment;
(iii) Period of service paid from contingencies;
(iv) Where the employee concerned resigns and is not again appointed to service under Government or is removed/dismissed from public service;
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Service on probation against a post if followed by regular appointment in the same or another post shall qualify for pension.
Service as an apprentice shall qualify for pension, if such service is followed by regular appointment to Government service.
Except in pensionable-establishment, service in survey and settlement Organisation shall not count unless it is followed without interruption by qualifying service.
Service paid from the Consolidated Fund qualifies for pension. The fact that arrangements are made by Government for recovery of the whole or part of the cost of an establishment or office does not affect the operation of this principle provided that the establishment or officer appointed controlled and paid by the Government.
(1) All leave during service of a Government servant for which leave salary is payable and all extraordinary leave granted -
(i) on medical certificate; or
(ii) due to his inability to join or rejoin duty on account of Civil Commotion; or
(iii) for prosecuting higher scientific or technical studies, shall count as qualifying service.
(2) Period of unauthorised leave of absence or joining time for which no joining time pay and allowances are admissible do not count for pension.
Note - The period of extraordinary leave taken on all other grounds which does not count as qualifying service shall be mentioned in the Service Book/Record.
CASE LAW :
A person ap
The Government may, by order, decide whether the time spent by a Government servant under training (including a person under training immediately before appointment under Government) shall count a qualifying service.
Time spent by a Government servant under suspension pending inquiry 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 competent authority shall declare as to what extent the period of suspension will not count as qualifying service. Specific entry in this regard will be made in the Service Book/Record, in absence of which the entire period of suspension shall count as qualifying service.
(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 qualifying services.
(2) The period of interruption in service between the date of dismissal, removal or compulsory retirement as the case 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 as due and admissible.
(1) All duties rendered under foreign service count as qualifying service.
Note- Realisation of foreign service contributions shall be the responsibility of the Organisation and deputation sanctioning authority.
(2) A Government servant deputed on foreign service to the United Nations Organisation or similar International Organisation/Institution/Agency/Embassy outside India, may at his option -
(a) pay the pension contributions in respect of his foreign service and count such service as qualifying for pension under these rules;
(b) avail of the retirement benefits admissible under the rules of the aforesaid Organisation and not count such service as qualifying for pension under these rules;
(c) where a
When a Government servant is deputed out of India on duty, the whole period of his absence from India counts for pension when a Government servant on leave out of India is employed or is detained after the termination of his leave on duty, the period of such employment or detention shall also count for pension.
Time spent on the voyage to India by a Government servant who is compulsorily recalled to duty, before expiry of leave out of India, shall count for pension.
(1) A Government servant who is re-employed in a civil 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 such re-employment, opt either -
(a) to continue to draw the military pension and/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 cease to draw his pension and refund-
(i) the pension already drawn after re-employment;
(ii) the value received for the commutation or a part of military pension; and
(iii) the amount of retirement gratuity including service gratuity or bonus, if
A Government servant who, prior to his appointment in a civil service or post had satisfactorily rendered as whole time, enlisted or commissioned war service in the Armed Forces of India or in similar Forces of a Common Wealth Country from the 3rd September, 1939 to the 1st April, 1946, which did not earn a service pension under the military or naval or air force 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, and in the case of services or posts for which no minimum age is fixed, no portion of such service rendered before attaining the age of eighteen years
(1) The State Government may, in exceptional circumstances as noted hereunder add to the service of a Government servant for qualifying superannuation pension only a period not exceeding one-fourth of the length of his service or the actual period by which his age at the time of recruitment exceeds thirty-two years or a period of five years whichever is least-
(a) the service or post for which post-graduate research or specialist qualification or experience in scientific, technological or professional field is essential; and
(b) to which candidates of more than thirty-two years of age are normally recruited :
Provided that this concession shall not be admissible to a Government servant unless his actual qualifying service at the time he quits Government service is not less than ten years.
Dismissal or removal of a Government servant from a service or post unless otherwise provided in these rules, shall entail forfeiture of his past service.
(1) Resignation from a service or a post, unless it is allowed to be withdrawn in the public interest by the appointing authority, entails forfeiture of past service.
(2) 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 State Government where service qualifies.
(3) Interruption in service in a case falling under Sub-rule (2) due to the two appointments being at different stations, not exceeding the joining time as 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.
(4) The appointi
(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 absence;
(c) suspension, where it is followed by reinstatement, whether in the same or a different post, or where the Government servant dies or is permitted to retire or retired on attaining the age of compulsory retirement while under suspension;
(d) 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;
(e) joining time while on transfer from one post to another.
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(a) Upon such conditions as it may think fit in each case to impose, the authority competent to fill the appointment held by a Government servant at the time condonation is applied for, may condone all interruptions in his service.
(b) In the absence of a specific indication to the contrary in the service book, an interruption between two spells of civil service rendered by a Government servant under Government shall be treated as automatically condoned and the pre-interruption service treated as qualifying service. The period of interruptions itself shall not count as qualifying service.
(c) Nothing in Clauses (a) and (b) shall apply to interruption caused by resignation, dismissal or removal from service.
Explanation (1) -Counting of Military Service towards pension carries with it condo
Pension for service rendered under Government are classified into the following categories, namely :
(a) Compensation pension;
(b) Invalid pension;
(c) Superannuation pension; and
(d) Retiring pension.
(1) If a Government servant is selected for discharge owing to the abolition of his 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 -
(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) A notice of at least three months shall be given to Government servant before his services are dispensed with on the abolition his post.
(b) Where the notice under Clause (a) is not given and the Government servant is not provided with any other e
Section R.38 of the Orissa Civil Services Pension Rules, 1992, deals with the provision of "Compensation Pension," which is a specific type of pension granted to government servants under certain circumstances, typically related to service-related disabilities or specific conditions outlined in the rules.
Section R.38 provides for the grant of a compensation pension to government servants who are selected for a particular category of pension, usually linked to service-related injuries or disabilities. It stipulates the eligibility, conditions, and manner of awarding such pensions, including the circumstances under which a government servant is entitled to this benefit.
The scope of R.38 encompasses government servants who suffer injuries or disabilities attributable to their official duties, entitling them to compensation pension. It applies across various departments and services governed by the Orissa Civil Services Pension Rules, 1992, and covers cases of service-related disabilities or injuries.
Since Section R.38 pertains to pension benefits and not disciplinary actions, there is no direct punishment prescribed within this section. However, any misuse or false claim related to compensation pension could lead to disciplinary or legal consequences under applicable rules.
Note: The analysis is based on the available sources and the typical legal understanding of pension rules, with specific focus on R.38 as a provision for compensation pension within the Odisha Civil Services (Pension) Rules, 1992.
(1) Invalid pension may be granted if a Government servant retires from the service on account of any bodily or mental infirmity permanently incapacitates him for the service.
(2) A Government servant applying for an invalid pension shall submit a medical certificate of incapacity from the following medical authority; namely:
(a) Medical Board, in the case of all Gazetted and specially declared Gazetted Government servants; and
(b) A Chief District Medical Officer or Medical Officer of equivalent status in case of the Government servants.
Note 1 - No Medical certificate of incapacity for service may be granted unless the applicant produces a letter to show that the Head of his Office or Department is aware of the intention of the applicant to appe
(1) A superannuation pension shall be granted to a Government servant who is retired on his attaining the age of compulsory retirement.
(2) The provisions relating to the date of compulsory retirement as contained in the Orissa Service Code shall apply to all Government servants other than Class IV.
(3) The date of compulsory retirement of a Class IV Government servant is the date on which he attains sixty years of age.
(4) The Government servant shall retire from service with effect from the afternoon of the last day of the month in which his/her date of retirement falls as per the date of birth recorded in the Service Book :
Provided that the date of birth of an employee where falls on the 1st day of the month, shall retire on the last day of
(1) At any time after attaining the age of fifty years of completion of thirty years of qualifying service, as the case may be, a Government servant -
(a) may retire from service; or
(b) 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) a Government servant shall give a notice in writing to the appointing authority at least three months before the date on which he wishes to retire; and
(b) the appointing authority where decides to take recourse to this sub-rule he shall also give a notice in writing to a Government servant at least three months before the date
(1) At any time after a Government servant has completed twenty years qualifying service, he may, by giving notice of not less than three months in writing to the appointing authority, retire from service.
(2) The notice of voluntary retirement given under Sub-rule (1) shall require acceptance by the appointing authority.
Note - Such acceptance may be generally give in all cases except those (a) in which disciplinary proceedings are pending or contemplated against the Government servant concerned for the imposition of a major penalty and the disciplinary authority, having regard to the circumstances of the case, is of the view that the imposition of the penalty of removal or dismissal from service would be warranted in the case, or (b) in which prosecution is contemplated or have launched in a Court of Law against the Government servan
(1) A Government servant who has been permitted to be absorbed in a service or post in or under a Corporation or Public Undertaking wholly or substantially owned or controlled by the Government or an Undertaking jointly controlled by the Government and Central Government or by the Government or any other State Governments to be in the public interest, be deemed to have retired from service from the date of such absorption, i.e. the date on which he actually joins that Corporation or Public Undertakings or Joint Sector Undertakings and shall be eligible to receive monthly pension and retirement gratuity under the usual Government arrangements.]
(2) 2[* * *]
1[(3) Where a Government servant wishes to commute a portion of the pension, such commutation shall be regulated in accordance with the Government rules then in force.]
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(1) (i) Where a Government servant borne on pensionable establishment is allowed to be absorbed in an autonomous body, where pension scheme is in operation, the service rendered by him/her under the Government shall be allowed to be counted towards pension under the autonomous body irrespective of whether the employee was temporary or permanent under Government.
(ii) The Government/Autonomous body will discharge its pensionary liability by paying in lump sum is a one-time payment, the pro-rata pension/gratuity for the service up to the date of absorption in the autonomous body/Government, as the case may be, lump sum amount of the pro-rata pension will be determined with reference to commutation table in force at the time of the absorption of such employee concerned.
(iii) A Government servant with Contributory Provident Fund benefits
(1) A Government servant compulsorily retired from service as a measure penalty may be granted, by the authority competent to impose such penalty, pension or gratuity or both at a rate less than two-third and not more than full compensation 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 Governor passes an order awarding a pension less than the full compensation pension admissible under the rules, the Orissa Public Service Commission shall be consulted before such order is passed.
Explanation - For the purpose of this Sub-rule the expression pension shall include gratuity.
(3) A pension granted or awarded under Sub-rule (1) or, as the case may be, under Sub-rule (2), shall be less than the amount of minimum pension admissible.
(1) 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 receiving of special consideration, sanction a compassionate allowance not exceeding two-third of pension or gratuity or both which would have been admissible to him if he had retired on compensation pension.
(2) A compassionate allowance sanctioned under the proviso to Sub-rule (1) shall not be less than the amount of minimum pension admissible.
(3) On receipt of the order of the competent authority removing an officer from service for misconduct, insolvency, or inefficiency, the Head of Office, if he proposes to grant compassionate allowance shall fill in the application form for pension a
The amount of pension that may be granted shall be determined by the length of completed six monthly periods of service rendered by the retired Government servant.
(2)(a) In the case of a Government servant retiring in accordance with the provisions of these rules after completing qualifying service of not less than thirty-three years, the amount of pension shall be calculated at 50 percent of the emoluments last drawn preceding to retirement.
(b) In the case of a Government servant retiring in accordance with the provisions of these rules before completing qualifying service of thirty-three years, but after completing qualifying service of ten years, the amount of pension shall be proportionate to the amount of pension admissible under Clause (1) and in no case amount of pension shall be less than 1[rupees one thousand two hundred sev
Emoluments for calculation of pension shall be the emoluments as defined in Rule 2 (1) (e) which the Government servant was receiving immediately before his retirement.
Explanation - Stagnation increment shall be treated as emoluments for calculation of retirement benefit.
Note 1 - If during the last month of service, a Government servant had been absent from duty on leave from which leave salary, is payable or having been suspended had been reinstated 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.
Note 2 - Where a Government servant immediately before his retirement or death while in service has proceeded on leave for which leave salary is payable after having held a higher appointment whether in
(1) In the case of a Government servant, who has completed five years of qualifying service, on retirement from service shall be paid a Retirement Gratuity equal to one-fourth of his last emoluments for each completed six monthly period of qualifying service subject to a maximum of 16½ times of the emoluments :
Provided that the amount of Retirement Gratuity so payable shall, in no case, exceed 1[two lakh and fifty thousand] rupees.
(2) In the event of death, while in service, the Death Gratuity shall be admissible at the following rates :
Length of service Rate of gratuity
(i) Less than one year 2 times of emoluments
(ii) One year or more but less
(1) (a) A gratuity payable under Rule 49 shall be paid to the person or persons on whom the right to receive the gratuity has been conferred in the nomination made under Rule 53.
(b) If there is no such nomination or if the nomination made is lost/not traceable 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 (6) of Rule 49 to all such members in equal shares;
(ii) If there are no such surviving members of the family as indicated in Sub-clause (i) above, but there are one or more members as in Clauses (v), (vi), (vii), (viii), (ix), (x), (xi) and (xii) of Sub-rule (6) of Rule 49 to all such members in equal shares.
(2) If a Gov
(1) If a person who in the event of death of Government servant while in service, is eligible to receive gratuity under Rule 50 is charged with the offence of murdering the Government servant or for abetting in the Commission of such an offence, his claim to receive his share of gratuity shall remain suspended till the conclusion of the criminal proceedings instituted against him.
(2) If on the conclusion of the criminal proceedings referred to in Sub-rule (1), the person concerned -
(a) is convicted of murder or for abetting in the murder of the Government servant, he shall not be paid his share of gratuity which shall be payable to other eligible members of the family, if any, in equal proportion;
(b) is acquitted of the charge of murdering or abetting in the murder of the Government servan
Where a Government servant dies while in service or after retirement without receiving the amount of gratuity and leaves behind him no family, and
(a) has made no nomination; or
(b) the nomination made by him does not subsist, the amount of death/retirement gratuity payable in respect of such Government servant shall be payable to the person in whose favour a succession certificate in respect of gratuity in question has been granted by a competent Court of Law.
(i) A Government servant shall at any time after his appointment in a pensionable establishment, make a nomination in Form 3 or 4, as appropriate in the circumstances of the case, conferring on one or more persons the right to receive the gratuity payable under Rule 49 :
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 persons under Sub-rule (1), he shall specify in the nomination the amount
If a Government servant being a subscriber to the Contributory Provident Fund (Orissa) dies while in service a gratuity not exceeding the following amounts may be paid to his family, namely :
(i) in case of death after completing five years of service, a gratuity equal to the difference between twelve months emoluments and the amount of Governments contribution together with interest thereon standing to his credit in the fund;
(ii) in case of death before completing five years of service a gratuity equal to the difference between his six months emoluments and the amount of Governments contribution together with interest thereon standing to his credit in the said fund;
(iii) in case of death in the first year of service, gratuity equal to the difference between his two months emoluments and the amount of Governments contribution toget
Payment of the minor (s) share of gratuity is to be made to the natural guardian of the minor (s) and in the absence of a natural guardian, to the person who furnishes a guardianship certificate. Where payment of minor (s) share of death/retirement gratuity is to be made to the natural/legal guardian, the sanction order issued to the Accountant-General shall contain the name of the natural/legal guardian in order to avail pending payment. The payment shall be regulated in the following manner, namely :
(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
(1) The provisions of this rule shall apply-
(i) to a Government servant entering service in a pensionable establishment on or after the 1st January, 1964; and
(ii) to a Government servant who was in service or retired or died on or before the 31st December, 1963 and come to be governed by the provisions of the Family Pension Scheme under Government contained in Finance Department Resolution No. 25582-F., dated the 22nd August 1964 along with rectifications thereto as in force before commencement of these rules. In all such pre-64 cases the arrear of family pension shall only be admissible with effect from the 13th December, 1977 or from a subsequent date the families became eligible for family pension whichever is later.
(2) Without prejudice to the provisions contained in Sub-rule (4) where
(1) Every Head of Office shall have a list prepared every six months, that is, on the 1st day of January, and the 1st day of July each year of all Government servants working under him who are due to retire within the next 24 to 30 months.
(2) A copy of every such list shall be supplied to the Accountant-General, Orissa, Appointing Authority, Administrative Department concerned, Director of Treasuries and Inspection, Orissa, and the Estate Officer or the competent authority, as the case may be (if the Government servant concerned is an allottee of Government accommodation), not later than the 31st of January or the 31st of July, as the case may be, of that year in the Form 1.
(3) In the case of a Government servant retiring for reasons other than by way of superannuation, the Head of Office shall promptly inform the authorities stated
(1) Every Head of Office shall undertake the work of preparation of pension papers in Form 7 two years before the date on which a Government servant is due to retire on superannuation. Where the retiring Government servant is himself the Head of Office/Head of Department, the preparation of pension papers shall be undertaken by the Head of Department/Administrative Department, as the case may be.
(2) The Head of Office shall be responsible for obtaining the particulars from the Government servant at least one year before the date of retirement in Form 6 and complete the processing of pension papers as early as possible and in no case not later than eight months in advance of the date of retirement of the employee.
(3) Where the Head of Office is not the appointing authority pension papers shall be transmitted to the appointing authorit
(1) The Head of Office shall go through the service book and the service roll, if any, of the Government servant and satisfy, himself as to whether the certificates of verification for the entire service period are recorded therein.
(2) In respect of the unverified portion or portions of service he shall arrange to verify the portion or portions of such service, as the case may be, with reference to pay bills, acquittance rolls or other relevant records and record necessary certificates in the service book or service roll, as the case may be.
(3) If the service for any period is not capable of being verified in the manner specified in Sub-rule (1) and Sub-rule (2), that period of service if rendered by the Government servant in another office or Department, reference shall be made to that office/Department in which the Government serva
(1) The Head of Office while scrutinising the certificates of verification of service, shall also verify if there are any other omissions, imperfections or deficiencies which have a direct bearing on the examination of emoluments and the service qualifying for pension.
(2) Every effort shall be made to complete the verification of service, as in Rule 59 and to make good omissions, imperfections or deficiencies referred to in Sub-rule (1) above. Any omissions, imperfections or deficiencies including the portion of service shown as unverified in the Service Book which has not been possible to verify in accordance with the procedure laid down in Rule 59 shall be treated as qualifying service for the purpose of pension unless there is specific entry in the Service Book/Record to the contrary.
(3) For the purpose of calculation of emoluments the Head of Office shall verify from the
The Head of Office shall complete Part I of Form 7 not later than 6 months of the date of retirement of the Government servant.
(1) After completing Part I portion of Form 7 the Head of Office shall forward the same along with Form 6 to the appointing authority (where the Head of Office is not the appointing authority) with the service book/service roll of the Government servant duly completed up to date and any other documents relied upon for the verification of the service.
(2)(i) The appointing authority shall sanction the pension in Part II of Form 7 and intimate the same to the Accountant-General Orissa in Form 9 not later than four months before the date of retirement of Government servant.
(ii) It shall be the sole responsibility of the pension sanctioning authority to forward the pension on only pension papers to the Accountant-General in time prescribed under Clause (i) of this Sub-rule (1) and Sub-rule (2) of Rule 75 failing which he shall be liable f
(1) If after the pension papers have been forwarded to the Accounts Officer within the period specified in Sub-rule (2) of Rule 62 any event occurs which has a bearing on the amount of pension admissible, the fact thereof shall immediately be reported to the Accounts Officer by the appointing authority.
(2) The appointing authority after ascertaining and assessing the Government dues in Rule 68 shall furnish the particulars thereof to the Accounts Officer at least two months before the date of retirement of a Government servant so that the dues are recovered out of the gratuity before its payment is authorised.
(3) If, after the particulars of Government dues have been intimated to the Accounts Officer under Sub-rule (2) any additional Government dues come to the notice of the appointing authority, such fact shall be promptly reported
(1) On receipt of pension papers referred to in Rule 62 the Accounts Officer shall undertake the requisite checks record the account enfacement in Part III of Form 7 and assess the amount of pension and gratuity and issue the pension payment order not later than one month in advance of the date of the retirement of the Government servant if the pension is payable in his unit of Account Circle.
(2) If the pension is payable in other than his unit of Account Circle the Accounts Officer shall send the pension payment order along with a copy of Form 7 and the accounts enfacement to the Accounts Officer of that unit of Account Circle for arranging the payment.
(1) In cases where, it may not be possible for the appointing authority to forward the pension papers referred to in Rule 62 to the Accountant-General, Orissa within the period prescribed therein after following due procedure, or where the pension papers have been forwarded to the Accountant-General, Orissa within the prescribed period but the Accountant-General has either not issued the pension payment order in time or has returned the pension papers to the Pension Sanctioning Authority soliciting further information before issue of pension payment order and order for the payment of gratuity the Pension Sanctioning Authority in such a case it is of the opinion that the Government servant is likely to retire before sanction of his pension and gratuity or both and such pension and gratuity cannot be finally assessed and settled in accordance with the provisions of these rules prior to the date of retirement, he shall without d
(1) Where departmental or judicial proceedings are pending in respect of Government servant on the date of his retirement, referred to in, he shall be paid a provisional pension not 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.
(2) No gratuity shall be paid to the Government servant until the conclusion of the Departmental or judicial proceedings and issue of final order thereon :
Provided that where departmental proceedings have been instituted under Rule 16 of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 for imposing any of the penalties specified in Clauses
(1) In the case of Government servant who retires while on deputation to the Central/ other State Government no recovery of proportionate pension will be made from Central/another State Government under whom he had served, his period of deputation shall be counted towards qualifying service for the purpose of pension.
(2) In the case of Government servant who retires from service while on foreign service, action to authorise pension and gratuity in accordance with provisions of these Rules shall be taken up by the Head of Office by whom he has been sent on deputation on foreign service.
(1) It shall be the duty of the Head of Office to ascertain and assess Government dues payable by Government servant due for retirement.
(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 the retirement gratuity becoming payable.
(3) The expression Government dues includes -
(a) dues pertaining to Government accommodation including arrears of licence fee, if any :
(b) dues other than those pertaining to Government accommodation, namely, balance of house building or conveyance or any other advance, overpayment of pay and allowances or leave salary and arrears of income tax deductable at the source under the
(1) The Head of Office shall write to the authority in charge of Government accommodation at least two years before the anticipated date of retirement of the Government servant who is in occupation of a Government accommodation (hereinafter referred to as allottee) for the issue of a No Demand Certificate in respect of the period preceding to eight months of retirement of the allottee.
(2) The authority in charge of Government accommodation on receipt of intimation from the Head of Office shall scrutinise its records and inform the Head of Office eight months before the date of retirement of the allottee, if any licence fee was recoverable from him in respect of the period prior to eight months of his retirement. If no intimation in regard to recovery of outstanding licence fee is received by the Head of Office by the stipulated date, it shall be presumed that no licence fee was r
(1) For the dues other than the dues pertaining to occupation of Government accommodation as referred to in Clause (b) of Sub-rule (3) of Rule 68 of the Head of Office shall take steps to assess the dues two years before the date on which a Government servant is due to retire on superannuation.
(2) The assessment of Government dues referred to in Sub-rule (1) shall be completed by the Head of Office eight months prior to the date of the retirement of the Government servant.
Note - Where the Government dues outstanding against the pensioner could not be finalised due to the reasons attributable to the retired Government Servant, the Pension Sanctioning Authority shall issue three reminders in registered cover at an interval of fifteen days between each reminder to the pensioner and thereafter finalise the Government dues unilaterally an
Any over payment to a retired Government employee or his/her family on account of final payment of General Provident Fund, Gratuity, Pension and Temporary increase detected before or after retirement, not being legally due to such retired employee or his/her family, shall be deemed to be Government dues and shall be recovered from his/her gratuity and/or Temporary Increase on pension.
Note 1 - When excess payment is made in the General Provident Fund Account of a subscriber, such excess amount over and above the amount standing at the credit of the subscriber is charged on the consolidated fund of the state and as such, such over-payment is to be treated as Government dues. Similarly excess payment of Pension, Gratuity or Temporary Increase over what is due to a retired Government servant or his/her family, is a payment by Government not due to him/her and therefore, shall be trea
(1) Subject to the provisions of Rules 6 and 7 pension once authorised after final assessment shall not be revised to the disadvantage of the Government servant, unless such revision becomes necessary on account of detection of a clerical error subsequently in the pension payment order :
Provided that no revision of pension to the disadvantage of the pensioner shall be ordered by the appointing authority without the concurrence of the Finance Department if the clerical error is detected after period of two years from the date of authorisation of pension.
(2) In case of revision made to the disadvantage of the pensioner under Sub-rule (1), the retired Government servant concerned shall be served with a notice bý the appointing authority requiring him to refund the excess payment of pension within a period of two months from the date of
(1) Where the Head of Office has received an intimation ascertain whether any death gratuity or family pension or both is or are payable in respect of the deceased Government servant.
(2)(a) Where the family of the deceased Government servant is eligible for death gratuity under Rule 49 the Head of Office shall ascertain,-
(i) if the deceased Government servant had nominated any person or persons to receive the gratuity; and
(ii) if the deceased Government servant had not made any nomination or the nomination those made either does not subsist or found to be invalid, the persons to whom the gratuity may be payable.
(b) The Head of Office shall, then, address the person concerned in Form 10 or Form 11 as may be appropriate for making claim in Form
(1)(a) The Head of Office while taking action to obtain claim or claims from the family in accordance with the provisions of Rule 72 shall simultaneously undertake the completion of Form 15. The work shall be completed within one month from the date on which intimation regarding the date of death of the Government servant has been received.
(b) The Head of Office shall go through the service book of the deceased Government servant and satisfy himself as to whether certificates of verification of service for the entire service are recorded therein.
(c) If there are any period of unverified service, the Head of Office shall accept the unverified period of service as verified on the basis of the available entries in the service book. For this purpose the Head of Office may rely on any other relevant material to which he may have ready ac
If, in any particular case, the service book has not been maintained properly despite the Governments orders on the subject, and it is not possible for the Head of Office to accept the unverified portion of service as verified on the basis of entries in the service book, the Head of Office shall not proceed with the verification of the entire spell of service. The verification of service in such a case shall be confined to the following spells of service, namely :
(a)(i) If the deceased Government servant on the date of death had rendered more than one year of service but less than seven years of service, the service and emoluments for the last year of service shall be verified and accepted by the Head of Office and the amount of family pension be determined under Sub-rule (2) and Sub-rule (3) of Rule 56.
(ii) If the deceased Governme
(1) On receipt of claim or claims, the Head of Office shall complete the details in Form 15 and send the said Form in original to the appointing authority in a closed cover along with the Government servants service book duly completed up-to-date and any other documents relied upon for the verification of the service claimed. This shall be done not later than one month of the receipt of claim by the Head of Office.
(2) The appointing authority shall accord sanction in Part II of Form 15 and transmit the same to the Accounts Officer not later than fifteen days from the date of its receipt in Form 16. He shall retain one copy of the aforesaid Form 15 for his office record.
(3) If the payment is desired in another circle of accounting unit, Form 15 shall be sent in duplicate to the Accounts Officer.
(1) There may be some cases where in spite of observing the procedures laid down in these rules, it may not be possible for the appointing authority to forward the family pension papers to the Accounts Officer within the prescribed period or where the family pension papers have been forwarded to the Accounts Officer within the prescribed period but the Accounts Officer has either not issued the family pension payment order or may have returned the papers to the appointing authority soliciting further information before issue of payment order on family pension or gratuity and if the the appointing authority in such a case is of the opinion that non finalisation of family pension and gratuity will create financial hardship for the family of the deceased Government servant, he shall without delay, take steps to determine the qualifying years of service and emoluments qualifying for family pension after the most careful summary
(1) On receipt of the documents referred to in Sub-rule (2) of Rule 75 the Accounts Officer shall, within a period of three months from the date of receipt of the documents make the requisite checks and complete account enfacement in Part III of Form 15 and assess the amount of family pension and gratuity.
(2)(a) If the family pension is payable in his circle of accounting unit, the Accounts Officer shall prepare the pension payment order.
(b) The payment of family pension shall be effective from the date following the date on which the payment of provisional family pension, if any, paid, is ceased.
(c) Arrears of family pension, if any, in respect for the period of which provisional family pension was drawn and disbursed by the Head of Office shall also be authorised by the Accounts Office
The following shall be taken to be Government dues to be recovered from gratuity, namely :
(1) Dues pertaining to Government accommodation -
(i) If on the date of death the Government servant was in occupation of Government accommodation, the Head of Office on receipt of intimation regarding the death of the Government servant shall within seven days of the receipt of such intimation, write to the authority in charge of Government accommodation for the issue of "No Demand Certificate" so that the authorisation of family pension and death gratuity is not delayed while addressing the authority in charge of Government accommodation for the issue of No Demand Certificate, the Head of Office shall also supply the following information in duplicate (one copy forwarded marked to the Rent Section and the second to the Allotment Section), namely
In the case of a Government servant who dies while on deputation to Central Government or to other State Governments or while on foreign service to any authority/corporate body action to authorise the payments of family pension and death gratuity in accordance with the provisions of this chapter shall be taken by the Head of Office or the cadre authority which sanctioned the deputation of the deceased Government servant to the Central Government or to other State Government or to the foreign service.
(1) Where the appointing authority has received an intimation regarding the death of a retired Government servant who was in receipt of pension, he shall ascertain whether any family pension or residuary gratuity or both are payable in respect of the deceased pensioner :
Provided that the appointing authority may, when he consider it necessary so to do, consult the Accounts Officer.
(2)(A)(i) If the deceased pensioner is survived by a widow or widower who is eligible for receipt of family pension under Rule 56 the amount of family pension as indicated in the pension payment order shall become payable to the widow or widower, as the case may be, from the day following the date of death of the pensioner.
(ii) On receipt of an application from the widow or widower, the pension disbursing autho
On receipt of the sanction under Rule 80 regarding the payment of family pension or of residuary gratuity or of both, the Accounts Officer shall authorise the payment of the same.
(1) Except in the case of a Government servant to whom the provisions of Rules 43 and 44 apply and subject to the provisions of Rules 7 and 66, a pension other than family pension shall become payable from due date on which a Government servant ceases to be borne on the establishment.
(2) Pension including family pension shall be payable for the day on which its recipient dies.
All pension including gratuities admissible under these rules shall be payable in rupees, in India only.
(i) A pension fixed at monthly rates shall be payable monthly on or after the first day of the following month.
(ii) Except as otherwise provided in these rules, a gratuity shall be paid in lump sum.
Save as otherwise provided in these rules, Rules of the Orissa Treasury Code shall apply in respect of the following payments, namely :
(i) gratuity;
(ii) pension;
(iii) pension undrawn for more than a year; and
(iv) pension in respect of deceased pensioner.
Save as otherwise provided, the rules in this chapter shall apply for fixation of pay of the pensioners who are re-employed in civil services and posts under the State Government or local authority, Industrial or Commercial Undertakings or Corporations owned or controlled by the State Government after retirement from Government service.
(2) These rules shall also apply to persons re-employed in regular work charged establishments.
(3) Unless otherwise provided, these rules shall also apply to persons re-employed on contract basis.
(4) The rules in this chapter shall not apply to -
(a) Persons re-employed after resignation, removal or dismissal,/ provided they have not received any retirement/ terminal benefits for the pre-employment service;
&
In this Chapter, unless, the context otherwise requires-
(a) Pension means the gross monthly pension or Governments contribution to Contributory Provident Fund and/or other retirement benefits, if any, payable under the Orissa Civil Services (Pension) Rules, 1992 or the relevant rules of the Government or body under which the re-employed pensioner was serving prior to his retirement, where pension has been committed partly or fully, pension means the gross pension payable prior to commutation.
(b) Pre-retirement Pay means -
(i) the pay which was taken into account for calculation of pension;
(ii) in case of an officer who retires while on leave or on deputation the pay that he would have drawn, in this parent cadre but for going on leave or on deputation, shall be taken as pre-retirement pa
Except in case of the Government servants in receipt of non-practising allowance either before or after re-employment, the person re-employed prior to the date of introduction of the revised scale of pay shall be entitled to the benefit of the revised scales of pay during the period of re-employment.
(a) Re-employed pensioners shall be allowed to draw pay only in the prescribed scales of pay attached to the posts in which they are re-employed. No protection of the scales of pay of the posts held by them prior to retirement shall be given.
(b)(i) In all cases where the pension is fully ignored, the initial pay on re-employment shall be fixed at the minimum of the scale of pay of the re-employed post.
(ii) In cases where the entire pension and pensionary benefits are not ignored for pay fixation, the initial pay on re-employment shall be fixed at the same stage as the last pay drawn before retirement. If there is no such stage in the re-employed post, the pay shall be fixed at the stage below that pay. If the maximum of the pay scale in which a pensioner is re-employed is less than the last pay drawn by him before retirement, his in
Once the initial pay of a re-employed pension has been fixed under Rule 89, he may be allowed to draw normal increments in the time-scale of the post to which he is appointed as if the pay had been fixed at the minimum or the higher stage, as the case may be, (i.e. before an adjustment on account of pension other forms of retirement benefits is made) provided that the pay and gross pension/other forms of retirement benefit taken together do not at any time exceed Rs. 6,500 per month.
Pensioners who are re-employed after obtaining compensation or invalid pension will also get their pay fixed under Rule 89 provided they retain their pension, in which cases their former service will not count for future pension. In case the pensioners elect to count their previous service for pension by foregoing their entire pension including retirement gratuity under Rule 98, their pay shall be fixed by treating them as if they are not in receipt of any pension.
In case of regular promotion/transfer of a re-employed pensioner to another post, pay of the re-employed/ pensioner shall be fixed under the provisions of the Orissa Service Code with reference to the pay in the previous re-employed post (before adjustment); Adjustment from the pay so fixed, on account of pension/ other forms of retirement benefits shall be continued to be made to the same extent as was being made earlier. This shall remain subject to the condition that the pay plus pension/other forms of retirement benefits shall not exceed Rs. 6,500/- per month at any time.
(1) Where delay is likely to occur in determining the pension and other pensionary benefits, the re-employed pensioners, pending final fixation of pay, shall be paid their pay on provisional basis for the maximum period of six months after taking into account the maximum pension that would be admissible to them on the basis of last pay drawn by them. The concerned Administrative Department shall be responsible for ensuring that the provisional pay fixed is not likely to exceed the correct pay that may become admissible. An undertaking for refunding any amount that might be overpaid as a result of provisional fixation of pay shall be obtained from the re-employed pensioners.
(2) When the pension and other retirement benefits are ultimately sanctioned to the re-employed pensioner by the competent authority, the pay shall be fixed after taking into account the pension/other forms o
The drawal of various allowances and other benefits based on pay shall be regulated with reference to the pay that is fixed on re-employment. Pay for these allowances and benefits will be the pay fixed before deducting the non-ignorable part of the pension/other forms of retirement benefits.
Re-employed pensioner may be permitted to contribute to the Contributory Provident Fund, provided that where the term of re-employment is initially for a year or less but is later extended so as to exceed one year, the Governments contribution with interest thereon shall be credited only after the completion of one years re-employment service. The Government contribution with interest thereon shall be payable for the entire period for which the re-employed pensioner is allowed to contribute to the Contributory Provident Fund only if such period exceeds one year.
In case of persons re-employed after retirement, the provisions contained in the Orissa Leave Rules, 1966 as amended from time to time and order issued thereon shall apply.
Re-employed pensioner shall not be eligible for any service gratuity/death or retirement gratuity for the period of re-employment except in the cases covered under Rules 30 and 91.
(1) A Government servant who, having retired on compensation pension or invalid pension or compensation gratuity or invalid gratuity, is re-employed and appointed to a service or post to which these rules apply may exercise option either -
(a) to continue to draw the pension or to 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 and refund;
(i) the pension already drawn;
(ii) the value received for the commutation of a part of pension; and
(iii) the amount of retirement gratuity including service gratuity, if any, and count the previous service as qualifying service:
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(1) If a pensioner who immediately before his retirement was a Gazetted Government servant wishes to accept any commercial employment under any organisation/institution, etc., other than Government before the expiry of two years from the date of his retirement, he shall obtain the previous sanction of the Government to such acceptance by submitting an application in Form 24 :
Provided that a Government servant who was permitted by Government to take up any commercial employment during his leave preparatory to retirement or during refused leave shall not be required to obtain subsequent permission for such employment after retirement.
(2) Subject to the provisions of Sub-rule (3), the Government may, by order in writing, on the application made under Sub-rule (1) by a pensioner, grant, subject to such conditions, if any, as it may deem
If a pensioner wishes to accept any employment under any Government outside India, he shall obey the previous permission of the State Government for such acceptance and no pension shall be payable to the pensioner who accepts such an employment without proper permission in respect of any period for which he is so employed or for such longer period as the Government may direct :
Provided that a Government servant who was permitted by the State Government to take up a partial form of employment under any 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.
Explanation - For the purposes of these rules, the expression Employment under any Government outside India includes employment under a local authority or corporation or any other institution or Organi
The Rules in this chapter shall apply to all persons other than those to whom the Workmens Compensation Act, 1923 (VIII of 1923), applies whether their appointment is permanent or temporary, on the scale of pay or piece-work rates who are under the Rule making control of the State Government, and
Who entered or enter service under the State Government on or after the 1st April, 1936, or
Who having entered such service before 1st April, 1936, did not hold a lien or a suspended lien or permanent post on that date.
Note - No award shall be made under these Rules in respect of a Civilian Officer who is deputed on foreign service under U.N.bodies on or after 1st January, 1958, and who is allowed to join the U.N. Joint Staff Pension Fund as an Associate Member.
For the purposes of these Rules, unless there is anything repugnant in the subject or context-
(a) Accident means -
(i) a sudden and unavoidable mishap; or
(ii) a mishap due to an act of devotion to duty in an emergency arising otherwise than by violence out of and in the course of service.
(b) Date of Injury means-
(i) in the case of accident or violence, the actual date on which the injury is caused or such date, not being later than the date of the report of the Medical Board, as the State Government may fix; and
(ii) in the case of disease, the date on which the Medical Board reports or such earlier date as may be fixed by the State Government with due rega
(1)(a) Disablement shall be accepted as due to Government service provided that it is certified that the wound, injury or disease which -
(i) is attributable to Government service, or
(ii) existed before or arose during Government service and has been and remains aggravated thereby.
(b) Death shall be accepted as due to Government service provided it is certified that it was due to or hastened by -
(i) a wound, injury or disease which was attributable to Government service, or
(ii) the aggravation by Government service of a wound, injury or disease which existed before or arose during Government service.
(2) There shall be a casual connection between -
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No award shall be made under this Chapter except with the sanction of the Government.
All awards shall be made in Rupees in India unless the payee resides permanently, and desires payment to be made in a country in which the rupee is not legal tender. In the latter case the amount of the award shall be paid at the exchange rate.
Except as otherwise provided in this Chapter an award made under this Chapter shall not affect any other pension or gratuity for which the Government servant concerned or his family may be eligible under any other Rules for the time being in force, and the pension granted under this Chapter shall not be taken into account in fixing the pay of pensioner in his continued employment or re-employed in Government service.
(i) An injury sustained more than five years before the date of application, or
(ii) death which occurred more than seven years -
(a) after the injury due to violence or accident was sustained, or
(b) after the Government servant was medically reported as unfit for duty on account of the disease of which he died.
(1) The percentage of disability due to an injury or injuries shall be such as specified in Schedule I or failing that, as certified by the Medical Authority concerned.
(2) The percentage of disability due to a disease or diseases specified in Schedule I-A, shall be as certified by the Medical Authority.
(1) When disablement of a Government servant is concerned as due to Government service in terms of Rule 103, he, shall be awarded a disability pension in accordance with the percentage of disability suffered by him as certified by the Medical Authority concerned.
(2)(a) Disability pension for 100% disability shall be allowed at the following rates if the Government servant is boarded out of Government service on account of his disability -
Basic Pay per month Rate of disability pension per
month for 100% disability
(1) (2)
(i) Not exceeding Rs. 1,200 ... 33 per cent subject to a
minimum of Rs. 300
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(1) If the deceased Government servant has left neither a widow nor a child, an award may be made to his father and his mother individually, or jointly and in the absence of the father and the mother to minor brothers and sisters, individually or collectively, if they are in pecuniary need :
Provided that the total amount of the awards shall not exceed one half of the pension that would have been admissible to the widow under Rule 110.
(2) Any award made under Sub-rule (1), will, in the event of an improvement in the pecuniary circumstances of the pensioner, be subject to review in such manner as the Government may by order prescribe.
Note - If any of the widows, children, father, mother, minor brothers or sisters is denied any share in the property of the Government servant under a Will or
(1) A family pension will take effect from the day following the death of the Government servant or from such other date as the Government may decide.
(2) A family pension will ordinarily be payable -
(i) in the case of a widow or mother until death or re-marriage whichever occurs earlier;
(ii) in the case of a son or brother, until he attains the age of twenty-five years or he starts earning of his livelihood whichever is earlier;
(iii) in the case of an unmarried daughter or sister, until she attains the age of twenty-five years or until she gets married or until she starts earning her livelihood whichever is earliest;
(iv) in the case of a father for life.
(1) All awards made under the Rules in this chapter are subject to the procedure meant for sanction of ordinary pensions for the time being in force, subject to the condition that such procedural rules are not inconsistent with the Rules in this Chapter.
(2) When a claim for any disability pension or family pensionaries, i.e. Head of Office or the Head of the Department in which the injured or the deceased Government servant was employed will forward the claim through the usual channel to the Government with the following documents;
(i) A full statement of circumstances in which the injury was received, the disease was contracted or the death occurred;
(ii) The application for disability pension in Form-25, or, as the case may be, the application for family pension in Form 26;
Where the Governor is satisfied that the operation of any of the provisions of these Rules causes undue hardship in any particular case, he may, by order, for reasons to be recorded in writing, dispense with or relax the requirements of the said provision to such extent and subject to such conditions as he may consider necessary for dealing with the case in a just and equitable manner :
Provided that no such order of relaxation shall be made except with the prior consultation of the Finance Department.
Where any doubt arises as to the interpretation of these Rules, it shall be referred to the Government in the Finance Department for decision.
(1) On the commencement of these Rules, the Orissa Pension Rules, 1977, and orders including Office Memorandum issued thereunder and in force immediately before such commencement shall cease to operate.
(2) Notwithstanding such cessation -
(a) (i) every nomination for the payment of death/retirement gratuity including every form regarding the details of family of a Government servant for the purpose of family pension, which a Government servant had made or given under the so repealed rules, and
(ii) executive instructions issued in the form of Office Memorandum or Resolution indicating the general procedure meant for expeditious disposal of pension cases which are not inconsistent with these rules,
shall be deemed to have been made given or issued,
If any doubt or difficulty arises in giving effect to the provisions of these Rules, the State Government in the Finance Department may, as occasion may require by order, do anything not inconsistent with the provisions of these rules, who appears to them necessary for the purpose of removing the doubts of difficulty :
Provided that no such order shall be issued under this Rule after expiration of a period of five years from the date of commencement of these rules.
FORM - 1
[See Rule 57 (2)]
List of Government servants employed in the Office/Department ................................... as on the 1st January ............1st July ......... who are due to retire between 1st January ..........................to the 30th June ........................../ 1st July to the 31st December..........................(To be sent to the Accountant-General, Orissa, Bhubaneswar/Appointing authority, Administrative Department concerned /Director of Treasuries and Inspection, Orissa, Bhubaneswar/Estate Officer or the competent following authority in case the Government servant is an allotted of Government accommodation, by the 31st January/31st July at the latest.)
(1) (2) (3) (4) (5) (6)
FORM - 2
[See Note (3) below Sub-rule (2) of Rule 39]
Form of Medical Certificate
Certified that *I/We have carefully examined Sri/Srimati ....................... ...................................................... /son/daughter of Shri I .........................in the ...........................................Department/Office. His age by his/her own statement is ......................................years, and by appearance about ............ years. I/We consider Shri/Shrimati ....................................... to be completely and permanently incapacitated for further service of any kind in the Department/Office to which he/she belongs in consequence of ............there state disease or cause.
(If the incapacity does not appear to
FORM - 3
[See Rule 63]
Nomination for death or retirement gratuity
When the Government servant has a family and wishes to nominate one member, or more than one member, thereof.
I ......................... hereby nominate the person/persons mentioned below who is/are member (s) of my family and confer on him/them the right to receive, to the extent specified below, any gratuity the payment of which may be authorised by the State Government in the event of my death while in service and the right to receive on my death, to the extent specified below, any gratuity which having become admissible to me on retirement may remain unpaid at my death -
Original nominee (s) Alternate nominee (s)
&
FORM - 4
[See Rule 53]
Nomination for death or retirement gratuity
When the Government servant has no family, and wishes to nominate one person or more than one person.
I ..................................................having no family, hereby nominate the person/persons mentioned below and confer on him/them the right to receive, to the extent specified below, and gratuity the payment of which may be authorised by the State Government in the event of death while in service and the right to receive on my death, to the extent specified below, any gratuity, which having become admissible to me on retirement may remain unpaid at my death.
Original nominee (s) Alternate nominee (s)
FORM - 5
[See Rule 56 (15)]
Details of family
Name of the Government servant :
Designation :
Date of birth :
Date of appointment :
Details of the members of my family* as on....................
(1) (2) (3) (4) (5) (6)
1.
2.
3.
I hereby undertake to keep the above particulars up-to-date by notifying to the Head of Office any addition or alteration.
&nb
FORM - 5-A
[See Rule 70-A]
Declaration of the retiring Government servant
I do hereby give my free and full consent that if any over-payment made to me is detected while in service or after my retirement in respect of my General Provident Fund Account or on account of Gratuity, Pension and Temporary Increase on pension etc., the same shall be recovered from my pay and allowances/leave salary/General Provident Fund/Pension/Commuted Value of Pension/Temporary-Increase on Pension/Interim Relief or Gratuity etc., payable to me or to my family at any time.]
FORM - 6
[See Rules 58 (2) and 62]
Particulars of the retiring Government servant
1. Name and designation :
2. (a) Date of birth :
(b) Date of retirement :
3. Two specimen * Signatures (to be furnished in a separate sheet) duly attested by a Gazetted Government servant.
4. Three ** copies of passport size joint photograph with wife or husband (to be attested by the Head of Office).
5. Two slips showing the particulars of height and personnal *** identification marks duly attested by a Gazetted Government servant.
6. Pres
FORM - 7
[See Rules 58 (1) and 61, 62 (1), 62 (2)(i) and 64]
Particular for preparing pension papers
(To be sent in duplicate if payment is desired in a different circle of accounting unit)
PART - I
1. Name of the Government servant
2. Fathers name (and also husbands name in the case of female Government servant)
3. Date of birth (by Christian Era)
4. Religion
5. Permanent address
6. Present or last appointment including name of establishment
FORM - 8
Pension calculation sheet
[See Rule 62 (3)]
1. Name of Government servant
2. Present or last appointment including name of establishment
3. Date of birth (by Christian era) (in figures and words)
4. Date of beginning of service
5. Date of superannuation/retirement
6. Length of gross service Y M D
7. Total non-qualifying service
8. Qualifying service
9. Addition to qualifying service
&nbs
FORM - 9
[See Rule 62(2)]
Information to Accountant-General forwarding the pension papers of retiring Government servant
No.............................
Government of Orissa
Department/Office
Dated................
To
The Accountant-General, Orissa, Bhubaneswar.
Subject - Forwarding of pension papers
Sir,
I am directed to forward herewith the pension papers of Shri/ Smt./Kumari............................ (Name
FORM - 10
[See Rule 72 (2)(b)]
Information to the member or members of the family of deceased Government servant where valid nomination for the grant of the death gratuity exits.
No....................
Government of Orissa....................
Office/Department....................
Dated the....................
To
..............................................
..............................................
Subject - Payment of death gratuity in respect of the l
FORM - 11
[See Rule 72(2)]
Information to the member or members of the family of a deceased Government servant where valid nomination for the grant of the death gratuity does not exist
No.....................
Government of Orissa
Office/Department of.....................
Dated the.....................
To
..........................................
..........................................
..........................................
FORM - 12
[See Rule 72 (2)]
Application for grant of death gratuity on the death of a Government servant
(To be filled in separately by each claimant and in case the claimant is minor, the Form should be filled by the guardian on his/her behalf. Where there are more than one minor, the guardian should claim gratuity in one Form on their behalf.)
1. (i) Name of the claimant in case he is not minor
(ii) Date of birth of the claimant
2. (i) Name of the guardian in case the claimants are minors
(ii) Date of birth of the guardian
3. (i) Name of the deceased Government ser
FORM - 13
[See Rule 72 (3)]
Information to the widow/widower of a deceased Government servant for grant of family pension
No.................................................
Government of Orissa
Office/Department of.....................
Dated the.......................................
To
......................................................
......................................................
......................................................
FORM - 14
[See Rule 72(3) and 80(2)]
Application for grant of family pension on the death of a Government servant/pensioner
1. Name of the applicant
(i) Widow/Widower
(ii) Guardian, if the deceased person is survived by child or children.
2. Name and age of surviving widow/widower and children of the deceased Government servant/pensioner
(1) (2) (3) (4)
1
2.
3.
4.
FORM 14-A
[See Rule 80(2) E (i)(ii)]
Application for the grant of family pension to the father/mother of the deceased Government servant/pensioner
1. Full name and address of the Applicant
2. Relationship with the deceased Government servant/pensioner
3. Name and number of the P.P.O. of the deceased Pensioner.
4. Date of death of Government servant/pensioner.
5. Office/Department in which the deceased Government servant/pensioner served last.
6. Name of the Treasury or Sub-Treasury or Special Treasury at which payment is desired.
FORM - 15
[See Rules 73(1) and 75, 77]
Form for assessing and sanctioning family pension/death gratuity in case of death while in service
(To be sent in duplicate if payment is desired in a different unit of accounting circle)
PART - I
1. Name of the deceased Government servant
2. Fathers name (and also husbands name in the case of female Government servant)
3. Date of birth (by Christian era)
4. Date of death (by Christian era)
5. Religion
6. Permanent address
FORM - 15-A
[See Rule 80(2) E (iii)]
Form for sanctioning family pension to the father/mother on the death of pensioner/family pensioner or on cessation of family pension
To
The Accountant General (A & E),
Orissa, Bhubaneswar
SUB : Grant of Family pension to the father/mother.
I am directed to say that Shri/Smt..................................... was authorised for payment of pension/family pension of Rs................. with effect from ..................
2. Intimation has been received in this Department/Office that Shri/Smt........................................
FORM - 16
[See Rule 75(2)]
Form for forwarding the family pension/death gratuity papers of a deceased Government servant/pensioner to the Accountant-General
No................................
Government of Orissa
Department/Office................................
Dated................................
To
The Accountant-General, Orissa, Bhubaneswar.
Subject - Forwarding of family pension/death gratuity papers.
Sir,
&nb
FORM - 17
[See Rules 65 (4) and 76(1)]
Form for sanctioning provisional pension, family pension and gratuity
Space for
Photograph*
Sanction is hereby accorded for payment of provisional ** pension family pension and gratuity as indicated below in favour of Shri/Smt ........................................................ pending issue of final P.P.O, and G.P.O. by the Accountant-General, Orissa.
1. Name of the pensioner/family pensioner
2. Fathers/husbands name
3. Office/Department in which the pensioner/deceased Government servant served last
&nbs
FORM - 18
[See Rule 55 (3)]
Form of bond of indemnity for payment of minor (s) share of death/retirement gratuity up to Rs. 10,000 (Rupees ten thousand) to the person without production of guardianship certificate
___________________________________________________________________________________
*. Joint Photograph in case of provisional pension and single photograph of the claimant for provisional family pension.
**. Score the items not necessary.
KNOW ALL MEN by these presents that we (a) ..................... (b)..................... the widow/son/brother, etc. of (c) .....................deceased resident of.....................(hereinafter called "the Ob
FORM - 19
[See Rule 56 (19) (ii)(b)]
Form of Indemnity Bond for payment of family pension/death gratuity in case of disappearance of the Government servant while in service
KNOW ALL MEN by these presents that we (a)......................... (b) the wife/son/brother etc. of (c) ......................... who was holding the post of in the Department/Office of ........... is reported to have been missing since.............. (hereinafter referred to as Missing Government servant) resident of ..................... (hereinafter called "the Obligator") and (c) ......................... son/wife/daughter of Shri......................... residence of......................... and ......................... son/wife/daughter of......................... resident of........... .....................the sur
FORM - 20
[See Rule 56 (20)(B)(b)]
Form of indemnity Bond for family pension/death gratuity in case of disappearance of retired pensioner
KNOW ALL MEN by these presents that we (a) ......................... (b) ......................... the widows/son/brother/nominee etc. of (c)......................... who had retired from the post of ......................... in the Department/Office of ......................... and who was in receipt of pension from ......................... is reported to have been missing since ......................... (hereinafter referred to as missing pensioner) resident of ......................... (hereinafter called the Obligor) and (d) son/wife/daughter of ......................... resident of ......................... and son/wife/daughter of ........... resi
FORM - 21
[See Rule 80(2)]
Form for sanctioning family pension to the child or children of a retired Government servant who dies after retirement but does not leave behind a widow or widower
No......................................
Government of Orissa
Department /Office of...................
Dated the...................
To
The Accountant-General, Orissa, Bhubaneswar.
Subject - Grant of family pension to the child/children.
Sir,
&nbs
FORM - 22
[See Rule 80(2)]
Form for sanctioning family pension to the child or children on the death or remarriage of a widow/widower who was in receipt of family pension
No.........................
Department/Office of.........................
Dated the.........................
To
The Accountant-General, Orissa, Bhubaneswar.
Subject - Grant of family pension to the child/children.
Sir,
I am directed to say that Shri/Shrimati........................................
FORM - 23
[See Rule 80(3)]
Form of claim application for the grant of residuary** gratuity on the death of a pensioner
(To be filed in separately to each applicant)
1. Name of the applicant
2. (i) Name of the guardian in case the applicant is minor
(ii) Date of birth of guardian
3. Name of the deceased pensioner
4. Office/ Department in which the deceased pensioner served last
5. Date of death of the pensioner
6. Date of retirement of the deceased pensioner
&nbs
FORM - 24
[See Rule 99(1)]
Form of application for permission to Officers of the State Government to accept commercial employment within a period of two years after retirement
1. Name of the Officer (in Block Letters)
2. Date of retirement
3. Particulars of the Department/Offices in which the Officer served during the last 5 years preceding retirement (with duration)
Name of Department/Office Post held Duration
From To
4. Post held at the time of retirement and period for which held
&
FORM - 25
[See Rule 113(2)(ii)]
Form of application for disability pension
1. Name of the applicant and full address
2. Fathers Name
3. Full residential address (showing village, post office, district, State)
4. Present or last employment, including full particulars and address of the establishment
5. Date of entry into service
6. Full particulars of service and length of service including interruption (both qualifying and non-qualifying)
7. Percentage of disability sustained due to injury/diseases (as certified by
FORM - 26
[See Rule 113(2)(ii)]
Form of application for extraordinary family pension
Application for extraordinary pension for the family of the late Shri /Shrimati ......................... killed or died of injury/disease/injuries/diseases claimed as being attributable to Government service.
I. Information regarding the claimant
1. Full name and address, residence (showing village, post office, district, State)
2. Age and date of birth
3. Height
4. Identification marks
5. Present occupation and pecuniary circumstance
FORM - 27
[See Rule 113 (2)(iii)]
Form to be used by the Medical Board where reporting in injuries/diseases/death
Instruction to be observed by the Medical Board while preparing the report.
(1) The Medical Board before recording their opinion, should invariably consult the proceedings of the previous Medical Board, if any, as also previous Medical/Hospital documents connected with the Government servant brought before them for examination, or who has died.
(2) If the injuries/diseases by more than one, they should be numbered separately giving percentage of disability for each, with full details.
(3) In answering the questions in the prescribed Form the Med
FORM - 28
[Please See also Forms 27 and 29]
Report on accidental and self-inflicted injuries
1. Declaration by the injured person
I......................... hereby declare that the injury (Number, rank, name and unit) sustained by me on ......................... did*/did not* occur while I was in the performance of Government duty.
(Medical Officer before whom the declaration is made)
(Injured person)
Station ..............Date..............Station ..............Date ..............
2. Nature, location and severity of injury
FORM - 29
[See also Forms 27 and 28]
Form for report on cases (other than those due to injuries) which have ended fatally or are proposed for invaliding
PART A
(To be filed by the M.O.)
Station......................
Dated......................
Name ...................... Service No.................. Designation............
Unit...................... Service...................... Force......................
Other full service particulars and office address, etc. ......................
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