Table

Sl. No.

Percentage of disability assessed by Medical Board

Percentage to be reckoned for computation of disability element.

1

Up to 50

50

2<

S.8 Findings of the Medical Board and Appeal.--

(1) The findings of the Medical Board on the extent of disability may be treated as final and binding unless the Government servant or his family seeks a review by preferring an appeal to an authority immediately superior to the one who had constituted the Board.

(2) An appeal against the decision of the Medical Board shall be preferred and considered in the following manner, namely:--

(i) the findings of the examining Medical Board shall be made known to the Government servant concerned or his family within one month after the receipt of the medical report by the Head of the Office or Department and the Government servant concerned shall, if he desires to appeal against such decision, can do so together with the requisite evidence in support of his case within one month from the date on which the findings of the Medical Board were made known to him;

(ii) where the Head of Office is satisfied that the Government servant himself is not in a position to submit the

S.9 Classification of cases of death or disability.--

(1) The cases of death or disability shall be classified in the following distinct categories, on the basis of the circumstances in which death or disability takes place, namely:--

(A) Category 'A'.-- The death or disability due to natural causes not attributable to Government service and there is no causal connection between the death or disablement of the Government servant and the Government service.

(B) Category 'B'.-- The death or disability due to following causes, which are accepted as attributable to or aggravated by Government service, namely:--

(i) diseases contracted,-- (a) because of continued exposure to a hostile work environment; or (b) on being subjected to occupational hazards or extreme weather conditions, resulting in death or disability; or

(ii) accidents caused while on duty, not covered under Category 'C' or Category 'D'.

(C) Category 'C'.-- the death or disability,--

(i) attributable to acts of vio

S.10 Amount of Disability Pension and Retirement Gratuity.--

(1) Where a Government servant is boarded out on account of a disablement in Category 'B', Category 'C' or Category 'D', he shall be awarded disability pension in accordance with the percentage of disability determined under rule 7.

(2)(i) The Disability Pension on discharge under Category 'B', Category 'C' and Category 'D' shall comprise a service element and a disability element and the service element in all categories shall be equal to the normal pension at the rate of fifty per cent of the emoluments or average emoluments, whichever is beneficial to the Government servant and the rates of disability element for each category shall be as specified in sub-rule (3).

(ii) There shall be no condition of minimum qualifying service having been actually rendered for earning service element or disability element of disability pension under Category 'B', Category 'C' and Category 'D', if otherwise due and the service element of disability pension shall be payable even in ca

S.11 Amount of Family Pension.--

(1) Subject to the provisions of Rule 12 of these rules,--

(a) the amount of Family Pension payable on death of a Government servant under Category 'B' shall be sixty per cent of the pay, and

(b) the amount of Family Pension payable on death of a Government servant under Category 'C' and Category 'D' shall be equal to hundred per cent of the pay.

(2) On death of a pensioner, who was in receipt of a disability pension under these rules, the family shall be entitled to a family pension in accordance with Rule 50 of the Central Civil Services (Pension) Rules, 2021:

Provided that in cases where the pensioner dies within seven years after having been boarded out on account of the same injury or disease which resulted in his disablement, the family shall be entitled to a family pension under these rules, as admissible on death of a Government servant,--

(i) in the same category under which the disability pension was granted; and

(ii) at the rate w

S.12 Eligibility of members of the family for grant of family pension.--

(1) The family pension under these rules shall be payable to the members of the family of the deceased Government servant in the following order of precedence, namely:--

(i) subject to provisions of sub-rule (3), widow or widower;

(ii) subject to provisions of sub-rule (4), dependent children including adopted children and step children;

(iii) subject to provisions of sub-rule (5), parents including adoptive parents;

(iv) subject to provisions of sub-rule (6), dependent siblings; brothers or sisters.

Explanation 1.-- The words 'widow' and 'widower', wherever occurring in this rule shall mean the legally wedded spouse of the deceased Government servant.

Explanation 2.-- The term 'Government servant' in this rule shall include a pensioner, who was in receipt of a disability pension under these rules, and on whose death the family is entitled to a family pension in accordance with proviso to sub-rule (2) of Rule 11 of these rules.

S.13 Processing of cases of disability pension and family pension in the online pension sanctioning system.--

(1) Unless otherwise exempted by a general or special order of the Government, the case for grant of disability pension or family pension under these rules shall be processed through 'Bhavishya', an online system for sanction of retirement benefits and tracking of sanction and payment of pension by the Government servant and the authorities concerned with sanction of pension to the Government servant.

(2)(a) In the case of a department or office or person exempted from the purview of Bhavishya in accordance with sub-rule (1), the details or documents in respect of the person due to retire shall be transmitted in physical mode and his pension or family pension case shall be processed manually.

(b) In a case or cases where a particular action or activity cannot be performed under Bhavishya, such action or activity shall be performed manually.

S.14 Procedure for sanction of disability pension.--

(1) On receipt of a statement of circumstances in which the disablement of a Government servant occurred due to an injury or disease, the findings of the Inquiring authority, if any, and the report of the Medical Board, the Head of office shall submit the same to the competent authority under Rule 5 of these rules, for a decision in regard to grant of disability pension to the Government servant under these rules.

(2) Where the competent authority under Rule 5 of these rules decides that the Government servant is not mentally or physically fit to be retained in service and, on being boarded out, is entitled to a disability pension, he may be granted disability pension and retirement gratuity in accordance with these rules:

Provided that in the case of a Government servant to whom the provisions of Section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) are applicable, action shall be taken in accordance with clause (a), clause (b) and clause (d) of

S.15 Procedure for sanction of family pension.--

(1) On receipt of a statement of circumstances in which the death of a Government servant occurred due to an injury or disease, the findings of the Inquiring authority, if any, and the report of the Medical Board, the Head of office shall submit the same to the competent authority under Rule 5 of these rules, for a decision on the question of grant of family pension to the family of the Government servant under these rules.

(2) As soon as a decision is taken to grant family pension under these rules, the member or members of the family of the Government servant, who is or are eligible for family pension and death gratuity under these rules, shall be informed of the decision advising him or her or them to submit the required details in Form E-5 along with the other Forms required for processing the case for grant of family pension and death gratuity under the Central Civil Services (Pension) Rules, 2021.

(3) The Head of Office shall draw the attention of the Accounts Of

S.16 Timely processing and sanction of disability pension and family pension.--

(1) The Head of Department shall ensure that all cases for grant of disability pension and family pension under these rules shall be processed in accordance with the timelines specified in Rule 14 and Rule 15 of these rules and provisional pension or provisional family pension, as the case may be, is sanctioned and paid pending authorisation of final pension or family pension.

(2) In all cases where provisional pension or provisional family pension or provisional gratuity has not been sanctioned in accordance with these rules or where the payment of disability pension or family pension or gratuity has been authorised later than the date when its payment becomes due and it is clearly established that the delay in payment was attributable to administrative reasons or lapses, interest shall be paid on arrears of pension or family pension or gratuity and responsibility shall be fixed for the delay in the payment of gratuity or pension or family pension on account of administrativ

S.17 Power to relax.--

Where any Ministry or Department of the Government is satisfied that the operation of any of these rules, causes undue hardship in any particular case, that Ministry or Department, as the case may be, may, by order for reasons to be recorded in writing, dispense with or relax the requirements of that rule to such extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner:

Provided that no such order shall be made except with the concurrence of the Department of Pension and Pensioners' Welfare.

S.18 Repeal and Saving.--

(1) On the commencement of these rules, every rule including the Central Civil Services (Extraordinary Pension) Rules, 1939, regulation or order including Office Memorandum (hereinafter referred to in this rule as the old rule) in force, immediately, before such commencement shall, in so far as it provides for any of the matters contained in these rules, cease to operate.

(2) Notwithstanding such cesser of operation,--

(a) every formal application for the sanction of pension which a Government servant had made or given under the old rule, shall be deemed to have been made or given under the corresponding provisions of these rules;

(b) any case which pertains to the authorisation of disability pension to a Government servant who had retired before the commencement of these rules and is pending before such commencement shall be disposed of in accordance with the provisions of the old rule as if these rules had not been made;

(c) any case which pertains to t

S.19