MADHYA PRADESH CIVIL SERVICES (PENSION) RULES, 1976
(1) These rules may be called The Madhya Pradesh Civil Services (Pension) Rules, 1976.
(2) They shall come into force on the 1st June, 1976.
(i) Save as otherwise provided in these rules, these rules shall apply to every Government servant appointed to civil services and posts in connection with the affairs of the State of Madhya Pradesh and who are borne on establishments not declared as non-pensionable.
(ii) These rules shall not apply to--
(a) persons in a work-charged establishment;
(b) persons in casual and daily rated employment;
(c) persons paid from contingencies;
(d) persons entitled to the benefit of Contributory Provident Fund;
(e) persons employed on contract except when the contract provides otherwise; and
(f) persons whose terms and conditio
(1) (a) "Audit Officer" means the Accounts and Audit Officer whatever his official designation, who authorises the disbursement of pay and allowances of a Government servant or pensions of the retired Government servant;
(b) "Average emoluments" means average emoluments as determined in accordance with Rule 31;
2[(c) "Child' means a son or unmarried daughter of the Government servant who is under 25 years of age and "Children" shall be construed accordingly.]
(d) "Emoluments" means emoluments as defined in Rule 30;.
(e) "Family Pension" means contributory family pension admissible under Rule 47 and includes non-contributory family pension admissible under Rule 48;
(f) "Foreign service" means a service
(1) A Government servant who is transferred permanently to a service or post to which these rules apply from a service or post to which these rules do not apply and all Government servants who are in service on the date these rules come into force, shall become subject to these rules :
Provided that it shall be open to every Government servant within three months of the date of issue of the order of his permanent transfer or within 3 months from the date of publication of these rules in the State Gazette or, if he is on leave on that day, within three months of his return from leave, whichever is later, to elect to be governed by the pension rules to which he was subject immediately before the date of applicability of these rules or on the date of his transfer as the case may be.
(2) The option under the proviso to sub-rule (1) shall be
(1) Any claim to pension/gratuity or family pension shall be regulated by the provisions of the 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 question whether service in a particular office or department qualifies for pension is determined by the rules which were in force at the time such service was rendered and orders subsequently issued declaring service to be non-qualifying are not applied with retrospective effect.
(3) The day with effect from the forenoon of 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 a non-working day but the date of death shall be treated as a working day.
Section R.5 of the Madhya Pradesh Civil Services (Pension) Rules, 1976, pertains to the regulation of claims to pension, gratuity, and family pension, establishing the procedural and substantive framework for these entitlements for government servants in Madhya Pradesh.
While the specific text of Section R.5 is not directly provided in the sources, it is understood to govern the regulation and processing of pension, gratuity, and family pension claims, including the necessary documentation, eligibility, and procedural requirements.
This legal commentary synthesizes the available sources to provide a comprehensive understanding of Section R.5 of the Madhya Pradesh Civil Services (Pension) Rules, 1976.
1[* * *]
1. Omitted by Notification No. FB-6-3-81-R-II-IV, dated 20-3-1981 (w.e.f. 17-4-1981).
(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 18, 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.
(1) (a) Future good conduct shall be an implied condition of every grant of pension and its continuance under these rules.
(b) 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 or is found guilty of grave misconduct:
Provided that no such order shall be passed by an authority subordinate to the authority competent at the time of retirement of the pensioner, to make an appointment to the post held by him 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 minimum pension as determined by the Government from time t
The Madhya Pradesh Civil Services (Pension) Rules, 1976, establish the framework for pension entitlements of government servants in the state. Rule 8 specifically addresses the conditions under which pensions are granted and maintained, emphasizing the importance of future good conduct.
Rule 8 states that future good conduct is an implied condition for the grant and continuance of pension. It outlines the consequences of misconduct, including the potential withholding or withdrawal of pension benefits.
The scope of Rule 8 extends to all government servants under the Madhya Pradesh Civil Services, making it applicable to a wide range of public officials. It serves as a deterrent against misconduct by linking pension benefits to the behavior of the employee post-retirement.
The primary punitive measure under Rule 8 is the withholding or withdrawal of pension benefits. This action can be taken if a pensioner is found guilty of serious misconduct or is convicted of a crime.
(1) The Governor reserves to himself the right of withholding or withdrawing a pension or part thereof, whether permanently or for a specified period, and of ordering recovery from pension of the whole or part of any pecuniary loss caused to the Government if, in any departmental or judicial proceeding, the pensioner is found guilty of grave misconduct or negligence during the period of his service, including service rendered upon re-employment after retirement :
Provided that the State Public Service Commission shall be consulted before any final orders are passed :
Provided further that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below 4[the minimum pension as determined by the Government from time to time];
(2) (a) The departmental p
The Madhya Pradesh Civil Services (Pension) Rules, 1976, govern the pension entitlements of government servants in Madhya Pradesh. Rule 9 specifically addresses the authority of the Governor to withhold or withdraw pension under certain circumstances, thereby establishing a framework for accountability among retired civil servants.
Rule 9 of the Madhya Pradesh Civil Services (Pension) Rules, 1976, grants the Governor the right to withhold or withdraw the pension of a government servant under specific conditions, particularly in cases involving misconduct or departmental inquiries.
The scope of Rule 9 encompasses:- The authority to impose penalties on retired government servants.- The continuation of departmental proceedings even after retirement.- Protection for retired government servants against arbitrary actions, as the rule requires a formal inquiry process.
The primary punishment under Rule 9 is the withholding or withdrawal of pension. This action can be taken if the retired government servant is found guilty of misconduct during a departmental inquiry.
(1) If a pensioner who, immediately before his retirement was in the State Service Class I, wishes to accept any commercial employment before the expiry of two years from the date of his retirement, he shall obtain the previous sanction of the Government to such acceptance 10[xxx] :
Provided that a Government servant who was permitted by the Government to take up a particular form of commercial employment during his leave preparatory to retirement or during refused leave shall not be required to obtain subsequent permission for his continuance in such employment after retirement.
11[(2) Subject to the provisions of sub-rule (3), the Government may, by order in writing, on an application made by a pensioner grant, subject to such conditions, if any, as it may deem, necessary permission, or refuse for reasons to be recorded in the order, p
The Madhya Pradesh Civil Services (Pension) Rules, 1976, govern the pension entitlements of government servants in Madhya Pradesh. Rule 10 specifically addresses the conditions under which a pensioner may accept commercial employment after retirement, particularly focusing on those who were in Class I service.
Rule 10 stipulates that a pensioner who was in State Service Class I cannot accept any commercial employment before the expiry of two years from the date of retirement without prior approval from the government.
The scope of Rule 10 is limited to pensioners of Class I service in the Madhya Pradesh government. It aims to prevent conflicts of interest and ensure that retired officials do not exploit their previous positions for commercial gain immediately after retirement.
While the rule itself does not specify punishments, it implies that accepting commercial employment without approval could lead to consequences such as forfeiture of pension or other disciplinary actions as determined by the government.
If a pensioner who, immediately before his retirement was holding a post other than Class IV under the State Government, wishes to accept any employment under any Government outside India, he shall obtain the previous permission of the State Government for such acceptance, and no pension shall be payable to a pensioner who accepts such an employment without proper permission in respect of any period for which he is so employed or such longer period as the Government may direct :
Provided that a Government servant who was permitted by the State Government to take up a particular 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 purpose of this rule, the expressi
(1) Except for compensation gratuity, a Government servant's service does not qualify till he has completed 18 years of age, provided that nothing contained in this clause shall apply in the case of persons who were in service on the date of commencement of these rules and in whose case a lower age limit has been prescribed.
(2) Subject to the provisions of these rules, qualifying service of a 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.
(1) The service of a Government servant shall not qualify unless his duties and pay are regulated by the Government, or under conditions determined by the Government.
(2) For the purposes of sub-rule (1), the expression "service" means service against a post under the Government and paid by the Government from the Consolidated Fund of the State which has not been declared as non-pensionable.
Service on probation against a post shall qualify.
Service as an apprentice shall not qualify, except in cases where it qualifies under the pension rules applicable at the time when the service was rendered.
(1) A person who is initially engaged by the Government on a contract for a specified period and is subsequently appointed to the same or another post in regular 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 including any other compensation for that service; or
(b) to agree to refund to the Government the monetary benefits referred to in clause (a) or to forego the same if they have not been paid to him and count in lieu thereof the service for which the aforesaid monetary benefits may have been payable.
(2) The option under sub-rule (1) shall be communicated to the Head of Office under intimation to the Audit Officer within a period of three months from the dat
Rule 16 of the Madhya Pradesh Civil Services (Pension) Rules, 1976, addresses the procedural aspect of initiating departmental proceedings against government servants, especially in relation to pension-related matters. It plays a crucial role in safeguarding the integrity of pension disbursements and ensuring accountability of civil servants.
While the specific text of Rule 16 is not directly provided in the sources, it is referenced as governing departmental proceedings instituted against government servants, particularly concerning pension matters. It stipulates procedural safeguards and conditions under which departmental actions are initiated, especially in cases involving misconduct or irregularities affecting pension entitlements.
Note: The analysis is based on the references provided and general legal principles, as the exact text of Rule 16 was not directly available in the sources.
(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 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 or refund the gratuity, including the death-cum-retirement gratuity, and pension intermediately drawn, if any, as the case may be, and count his previous service including the period between the date of retirement and re-employment.
(c) In cases of allocated Government servant from former Vindhya Pradesh and Bhopal States who were discharged on account of ret
Rule 17 of the Madhya Pradesh Civil Services (Pension) Rules, 1976, deals with the counting of pre-retirement civil service in the case of re-employed government servants. It establishes the principles and conditions under which service rendered before retirement can be considered for pension calculations upon re-employment.
Rule 17 specifies that service rendered by a government servant before retirement can be counted for pension purposes if the individual is re-employed in a government service or post, subject to certain conditions and restrictions. It also delineates the treatment of such service in terms of pension eligibility and calculation.
This legal commentary synthesizes information from the provided sources, primarily focusing on the scope, application, and legal implications of Rule 17 under the Madhya Pradesh Civil Services (Pension) Rules, 1976.
Notwithstanding anything contained in Rule 17, service which does not forfeit under sub-rule (1) (e) of Rule 27 on account of interruption due to abolition of office or loss of appointment owing to reduction of establishment or due to transfer to non-qualifying service in an establishment under Government control under the orders of the competent authority, shall count for pension along with the period of break including spells of occasional service rendered during it or the period of non-qualifying service, as the case may be provided the Government servant has not received any retirement benefit for the previous service.]
2. Inserted by Notification No. FB-6-10-91-R-II-IV, dated 18-6-1981 (w.e.f. 1-6-1976).
(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 regular military service after attaining the age of eighteen years, may, on his appointment in a civil service or post, opt either:--
(a) to continue to draw the military pension or retain gratuity received on discharge from military service, in which case his former military service shall not count as qualifying service; or
3[(b) to cease to draw his pension or, refund the gratuity including death-cum-retirement gratuity, if any, and account the previous military service as qualifying service, in which case the service so allowed to count shall be restricted to a service, within or outside the employee's unit or department in India or elsewhere, which is paid from the Consolid
In the case of those Government servants who retire or die on or after the date of applicability of these rules and who were appointed to civil posts and applied to count the service in Army before 7-10-69, "War Service" rendered during World War II by itself or in conjunction with other military service, may be allowed to count in full towards civil pension, if such service is followed without interruption by appointment to a pensionable post under the Government, subject to the following conditions namely:--
(i) the Government servant concerned should not have earned a pension under the military rules in respect of service in question;
(ii) in the case of services or posts in respect of which a minimum age is fixed for recruitment, no military or war service rendered below that age shall be allowed to count for pension;
(1) Continuous military (non-regular/purely temporary) service not rendered in conjunction with war service in the Army, Navy and Air Force may be allowed to count in full towards civil pension in cases where the person applied before 7-10-69, if such service is followed without interruption by appointment to a pensionable post in the service of the State Government subject to the following conditions:--
(i) The Government servant concerned should not have earned a pension under Military Rules in respect of service in question.
(ii) In the case of services or posts in respect of which a minimum age is fixed before attaining of which service does not count for pension under civil rules, no military service rendered below that age shall be allowed to count for pension.
(iii) If the Government se
All leave including extraordinary leave taken during service and granted by proper authority counts as qualifying service. Where extraordinary leave exceeding 120 days is not sanctioned by proper authority, only 120 days will be treated as qualifying service and the rest of the period shall not qualify for pension.
The Government may by order, decide whether the time spent by a Government servant under training immediately before appointment to service under Government shall count as qualifying service.
Time passed by a Government servant under suspension pending inquiry into conduct shall count as qualifying service on reinstatement.
Dismissal or removal of a Government servant from a service or post automatically entails forfeiture of his past service.
(1) A Government servant who is dismissed, removed or compulsorily retired from service, but is subsequently reinstated, is entitled to count his past service.
(2) Periods of interruption due to dismissal, removal or compulsory retirement shall count as qualifying service on reinstatement.
(1) Resignation from a service or post entails forfeiture of past service :
Provided that a resignation shall not entail forfeiture of past service if it has been submitted to take up with prior permission, another appointment, whether temporary or permanent, under the State Government, where service qualifies.
4[xxx]
(2) Interruption in service in a case falling under the proviso to sub-rule (1), due to the two appointments being at different stations, not exceeding the joining time 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 the Government servant.
4. Omitted by Notification No. B-25-6-95-PWC-IV, dated 20-
(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 authorised leave of absence so long as the post of absentee is not filled;
(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 is retired while under suspension;
(d) dismissal or removal from service followed by reinstatement in pensionable service;
5[(e) abolition of office or loss of appointment owing to reduction of establishment or due to transfer to non-qualifying service in an establishm
(1) 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 preinterruption service treated as qualifying service.]
(2) Nothing in sub-rule (1) shall apply to interruption caused by resignation, dismissal or removal from service or for participation in a strike.
(3) The period of interruption referred to in sub-rule (1) shall not count as qualifying service.]
6. Substitued by Notification No. FB-25-6-95-PWC-IV, dated 20-10-95 (w.e.f. 1-12-1995).
(1) On a Government servant completing 25 years of service or on his being left with five years before the date of retirement or superannuation whichever is earlier, 7[xxx] the Head of Office, 8[xxx] concerned, 9[xxx] shall, in accordance with rules for the time being in force, verify the service rendered by such Government servant, determine the qualifying service, and communicate to him 10[in Form 26] the period of qualifying service so determined.
(2) Notwithstanding anything contained in sub-rule (1) where a Government servant is transferred to another department from a temporary department or on account of the closure of the department where he had been previously serving because the post he held had been declared surplus, the verification of his service may be done whenever such event occurs :
11[xxx]
&nb
The expression "emoluments" means pay as defined in Rule 9 (21) of the Fundamental Rules (including dearness pay, if any, as determined by the order of the Government issued from time to time) which a Government servant was receiving immediately before his retirement or on the date of his death, as the case may be.
1[Explanation.--(1) For those Government Servants, who are drawing pay in the revised pay scale, under the Madhya Pradesh Revision of Pay Rules, 1990 or Madhya Pradesh Revision of Pay Rules, 1998, or pay scales of U.G.C. or All India Council of Technical Education or All India Services the expression 'emoluments' means basic pay as defined in Rule 9 (21) (a) (i) of the Fundamental Rules, which a Government Servant was receiving immediately before his retirement and will also include dearness pay and personal pay, if any, as determined by the order of State Government, fr
(1) Average emoluments shall be determined with reference to the emoluments drawn by a Government servant during last 10 months of his service.
Note 1.--If during the last 10 months of his service a Government servant had been absent from duty on leave for which leave salary is payable or having been suspended had been reinstated without forfeiture of service, the emoluments which he would have drawn had he not been absent from duty or suspended shall be taken into account for determining the average emoluments.
Note 2.--If during the last ten months of his service, a Government servant had been absent from duty on extraordinary leave, or had been under suspension the period whereof does not count as service, the aforesaid period of leave or suspension shall be disregarded in the calculation of, the average emoluments and equal period be
A superannuation pension shall be granted to a Government servant who is retired on his attaining the age of compulsory retirement.
(1) A retiring pension shall be granted to a Government servant who retires or is retired, in advance of the age of compulsory retirement, in accordance with the provisions of Rule 42 of these rules, or Rule 56 of the Fundamental Rules.
(2) A Government servant who receives the payment of pay and allowances for the period of notice of three months or short of three months under rules referred to in sub-rule (1) above, will retire immediately on such payment and he shall, therefore, be paid pension in addition for the said period.]
1. Substituted by Notification No. FB-6-5-81-R-II-IV, dated 15-4-81 (w.e.f. 15-5-1981).
A Government servant who has been permitted to be absorbed in a service or post in or under a corporation or company wholly or substantially owned or controlled by the Government in or under a body controlled or financed by the Government shall, if such absorption is declared by the Government to be in the public interest, be deemed to have retired from service on retiring pension from the date of such absorption and shall be eligible to receive retirement benefits which he may have elected or deemed to have elected, and from such date as may be determined, in accordance with the orders of the Government applicable to him : (See App. II).
2[Provided that the provisions of sub-rule (5) of Rule 43, shall not apply for the purpose of determining pension under this rule.]
2. Inserted by Notification No. FB-6-1-77-R-II-IV, dated 25-1-77 (w.e.f. 25-2-1977).
(1) Invalid pension may be granted if a Government servant retires from the service on account of any bodily or mental infirmity which 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) a medical board, in the case of a Gazetted Government servant 3[xxx];
(b) Civil Surgeon or a District Medical Officer of equivalent status in other cases.
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 appear before the medical authority. The medical authorit
(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) (i) Notice of at least three months shall be given to a Government servant in permanent employment before his services are dispensed with on the abolition of his permanent post.
(ii) Notice of at least one month shall be given to a Governme
(1) A Government servant compulsorily retired from service as a penalty may be granted, by the authority competent to impose such penalty, pension or gratuity, or both at a rate not less than two-thirds and not more than full compensation pension or gratuity or both admissible to him on the date of his compulsory retirement.
(2) Whenever in the case of a Government servant, the Governor passes an order (whether original, appellate or in exercise of powers of review) awarding a pension less than the full compensation pension admissible under these rules, the Public Service Commission shall be consulted before such order is passed.
Explanation.--In this sub-rule, the expression "pension' includes "gratuity".
(3) A pension granted or awarded under sub-rule (1) or as the case may be, under sub-rul
(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 deserving of special consideration, sanction a compassionate allowance not exceeding two-thirds of pension or gratuity or both which would have been admissible to him if he had retired on compensation pension.
(2) A compassionate allowance sanctioned under the proviso to sub-rule (1) shall not be less than the limit specified in sub-rule (5) of Rule 43.
The provisions of this Chapter shall apply to a Government servant other than Class IV who on the 30th November, 1933 held a lien or a suspended lien on a permanent pensionable post under the State Government or Government of India or a Local Fund Administered by Government and was holding a lien or a suspended lien on a permanent pensionable post under the erstwhile State of new Madhya Pradesh on 1st September, 1950 and opted for provisions relating to pension and gratuity under clause (b) or clause (c) of Rule 8 (1) of Madhya Pradesh New Pension Rules, 1951.
(1) The Government servant, who exercised option under clause (b) of Rule 8 (1) of Madhya Pradesh New Pension Rules, 1951, shall be subject to the pension rules which were applicable to him before 1st September, 1950, as amended from time to time by the State Government, and nothing in these rules shall apply to him.
(2) The Government servant who exercised option under clause (c) of sub-rule (1) of Madhya Pradesh New Pension Rules, 1951 shall be eligible to :
(a) pension including additional pension under the existing rule applicable to him before 1st September, 1950, as amended from time to time, reduced by the pension (other than additional pension) equivalent of death-cum-retirement gratuity admissible under Rule 44 calculated in accordance with the Table prescribed under Madhya Pradesh Civil Pensions (Commutation) Rules, 1976 applic
The provisions of this Chapter shall apply to a Government servant--
(a) who on the 30 November, 1933 held a lien or a suspended lien on a permanent pensionable post under the Government of erstwhile Madhya Pradesh or Government of India or a Local Fund administered by the Government and who did not opt for clause (b) or clause (c) of sub-rule (1) of Rule 8 of Madhya Pradesh New Pension Rules, 1951, and
(b) to all Government servants whose cases do not fall under clause (a) above.
2[(1) (a) A Government servant may retire at any time after completing 20 years qualifying service, by giving a notice in Form 28, to the appointing authority at least three months before the date on which he wishes to retire or on payment by him of pay and allowances for the period of three months or for the period by which the notice actually given by him falls short of three months :
Provided that where the Government servant giving such notice is under suspension, he shall not be allowed to retire from service without the prior permission in writing of the appointing authority.
(b) The appointing authority may in the public interest require a Government servant to retire from service at any time after he has completed 3[20 years qualifying service or he attains the age of 50 years whichever is earlier], with the approval of the S
(1) In the case of a Government servant retiring in accordance with the provisions of these rules before completing qualifying service of 10 years, the amount of service gratuity shall be appropriate amount as set out below namely :--
Completed six monthly periods of qualifying service Scale of gratuity.
(1) (2)
GRATUITY
1 1/2 month's emoluments
2 1 "
3 11/2 "
4 2 month's emoluments
5 21/2 "
6 3 "
7 31/2 "
8 4 "
&n
(1) (a) A Government servant who has completed 5 years' qualifying service and has become eligible for service gratuity or pension under Rule 43 shall on his retirement, be granted death-cum-retirement gratuity equal to one-fourth of his emoluments for each completed six monthly period of qualifying service, subject to a maximum of 161/2 times the emoluments;
(b) If a Government servant dies while in service after completing 5 years' qualifying service, the amount of death-cum-retirement gratuity shall be equal to 12 times of his emoluments or the amount determined under clause (a), whichever is higher and it shall be paid in the manner indicated in Rule 45 :
Provided that the amount of death-cum-retirement gratuity payable under this rule shall, in no case, exceed twenty-five thousand rupees.
&
(1) (a) The gratuity payable under clause (b) of sub-rule (1) or sub-rule (2) of Rule 44 shall be paid to the person or persons on whom the right to receive the gratuity is conferred by means of a nomination under Rule 46.
(b) If there is no such nomination or if the nomination made does not subsist, the gratuity shall be paid to the legal heirs of the Government servant.
Note.--Payment of death-cum-retirement gratuity claimed on behalf of deceased Government servant or on behalf of a Government servant who died after retirement, without executing a nomination or nomination made does not subsist at the time the gratuity becomes payable, may be made up to the extent of rupees ten thousand under the orders of the Head of Office on the execution of an indemnity bond with such sureties of suitable permanent Government servants in Form 24
(1) A Government servant shall, on his initial appointment in a pensionable service or post, make a nomination in Form 1 or Form 2 as may be appropriate in the circumstances of the case, conferring on one or more persons the right to receive the death-cum-retirement gratuity payable under clause (b) of sub-rule (1) or sub-rule (2) of Rule 44 :
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
(1) The provisions of this rule shall apply :--
(a) to a Government servant entering service in a pensionable establishment on or after 1st April, 1966; and
(b) to a Government servant who was in service on 31st March, 1966 and came to be governed by the provisions of the Family Pension Scheme for State Government Employees, 1966 contained in Government of Madhya Pradesh Finance Department Memo No. 1963/C.R. 903-IV-R.II, dated 17th August, 1966 as in force immediately before the commencement of these rules.
(2) 17[Without prejudice] to the provisions contained in sub-rule (3), where a Government servant dies--
18[(a) while in service provided he had been medically examined and found fit for appointment under the Government.] (b) after retirement fro
(1) The provisions of this rule shall apply to a Government servant who was in service on the 31st March, 1966 and had specifically opted for the scheme of family pension (hereinafter in this rule referred to as non-contributory family pension) as in force immediately before commencement of the Family Pension Scheme, 1966 (Contributory Family Pension).
(2) A non-contributory family pension shall be granted for a period not exceeding ten years to the family of a Government servant who dies while in service after completion of not less than twenty years qualifying service :
Provided that the period of payment shall, in no case, extend beyond a period of five years from the date on which the Government servant would have retired in the normal course of superannuation pension.
Explanation.--Where
(1) Every Head of the Department/Head of Office shall have a list prepared every six months, that is, on the 1st January and 1st July, each year of all Gazetted and Non-Gazetted Government servants who are due to retire under his order within the next 24 to 30 months of that date.
(2) Two copies of every list referred to in sub-rule (1) shall be supplied to the Audit Officer (one for Pension Branch and other for Fund Section) concerned and one copy to the Finance Department not later than the 31st January or the 31st July, as the case may be, of that year.
(3) In the case of a Government servant retiring for reasons other than by way of superannuation, the Head of the Department/Head of Office shall promptly inform the Audit Officer and Finance Department as soon as the impending retirement becomes known to him.
&nbs
1[x x x]
1. Omitted by Notification No. FB-6-1-77-N-II-IV, dated 1-2-1977 (w.e.f. 1-8-1976).
2[x x x]
2. Omitted by Notification No. FB-6-3-81-R-II-IV, dated 20-3-1981 (w.e.f. 17-4-1981).
Legal Comments- "Introduction" - The Madhya Pradesh Civil Services (Pension) Rules, 1976 (MP Pension Rules) govern retirement, pension, gratuity, and related retiral benefits for state civil servants, including special provisions for work-charged and contingency-paid employees when applicable, and interact with related statutes (e.g., the Payment of Gratuity Act, 1972) and constitutional provisions. [Baldeo Prasad Ubnare VS State of Madhya Pradesh - 2016 0 Supreme(MP) 811][Santosh Kumar Shrivastava S/o Shri Basant Kumar Shrivastava VS Madhya Pradesh Power Management Co. Ltd. - 2024 0 Supreme(MP) 61]- "What does Section Says" - Section 9 of MP Pension Rules concerns the Governor’s right to withhold or withdraw pension, and in certain sub-rules, the initiation of departmental proceedings against pensioners, including after retirement, with sanctions and time limits; other sections address gratuity, pensionable service, and post-retiral dues. [Sawailal Jalon VS State of MP - 2018 0 Supreme(MP) 147][Keshav VS State of M. P. - 1986 0 Supreme(MP) 759]- "Essential ingredients" - key elements include (i) existence of a pensionable post or designated category; (ii) a valid basis to withhold or recover pension (e.g., grave misconduct, corruption, or other adjudicated grounds); (iii) required sanction of the Governor for post-retirement departmental proceedings; (iv) compliance with procedural requirements (notice/ opportunity where applicable); (v) alignment with statutory rules over executive instructions. [Mani Shankar Kathal VS M. P. State Electricity Board - 2012 0 Supreme(MP) 1170][Keshav VS State of M. P. - 1986 0 Supreme(MP) 759]- "Scope of Section" - MP Pension Rules apply to Government servants covered by pension rules; Rule 2(g) excludes certain categories (work-charged, contingency-paid, contract staff, etc.), but work-charged/contingency rules (1979) may apply where adopted by Boards or statutory bodies; interlinking with local boards (Housing Board, etc.) may extend or limit applicability depending on adoption and regulations. [Kusum Soni VS State of M. P. - 2013 0 Supreme(MP) 1131][SANTOSH KUMAR SEETHA VS STATE OF MADHYA PRADESH - 2022 0 Supreme(MP) 712]- "Punishment for Section" - Penalties may include withholding or withdrawal of pension, or recovery of pecuniary loss, as per Rule 9(1)/(2); in conviction cases, Rule 19 of CPC 1966 Rules and related circulars may authorize penalties without departmental enquiry in certain criminal conviction scenarios; probationary or disciplinary outcomes may be revisited if set aside. [Mani Shankar Kathal VS M. P. State Electricity Board - 2012 0 Supreme(MP) 1170][Kusum Soni VS State of M. P. - 2013 0 Supreme(MP) 1131]- "Legal comments" - Executive instructions cannot override statutory Pension Rules; family pension for disabled children under Rule 47(6) is statutory and cannot be negated by non-statutory circulars. [Krishna Gandhi VS State of Madhya Pradesh - 2018 0 Supreme(MP) 196]- "Essential ingredients" - Counting of qualifying service often requires cumulative service across regular and work-charged/contingency paid periods when rules permit; aggregation often hinges on adsorption into regular pensionable posts and specific Rule 42/1964–1979 cross-references. [Kusum Soni VS State of M. P. - 2013 0 Supreme(MP) 1131][Kusum Soni VS State of M. P. - 2013 0 Supreme(MP) 1131]- "Scope of Section" - The Governor’s sanction requirement under Rule 9(2)(b)(i) (and sub-rule 2(b)(i)) is mandatory before initiating departmental enquiry against a retired employee; constitutionality and separation of powers considerations apply if the sanction is not properly obtained. [Keshav VS State of M. P. - 1986 0 Supreme(MP) 759]- "Punishment for Section" - Withholding of pension can be justified where an employee is convicted of criminal offences (PCA/IPC) under Rule 8(1)(b)(2) read with Rule 9(1); natural justice exclusions may apply for such post-retirement penalties. [SANTOSH KUMAR SEETHA VS STATE OF MADHYA PRADESH - 2022 0 Supreme(MP) 712][BHEEMRAO S/o DEORAM BAGDE VS STATE OF MADHYA PRADESH - 2022 0 Supreme(MP) 645]- "Comment on cases re Family Pension" - Executive circulars cannot override Rule 47(6) which ensures family pension eligibility for a disabled dependent child; damages or costs may be imposed against the State where guidance was misapplied. [Krishna Gandhi VS State of Madhya Pradesh - 2018 0 Supreme(MP) 196]- "Delay and interest" - Delays in finalizing pension or retiral dues due to administrative action may attract interest or provisional pension remedies; courts have directed immediate payment with interest where justified. [S. A. Baigh VS Madhya Pradesh Khadi Tatha Gram Udhyog Board - 2015 0 Supreme(MP) 492][Aditya Mishra VS State of M. P. - 2013 0 Supreme(MP) 1051]- "Work-charged/contingency rules interplay" - For Housing Board and similar bodies, pension applicability depends on whether the establishment adopted MP Pension Rules or the Work-Charged/Contingency Rules; where acceptance of old schemes persists, pension benefits may extend to work-charged employees. [RAHISHA BEGUM VS STATE OF M. P. - 2007 0 Supreme(MP) 996][027000017?]- "Leave encashment and gratuity" - Rules 44 and central gratuity provisions (e.g., Payment of Gratuity Act) may override MP Pension Rules in death cases; waivers or reliefs may apply when death occurs within five years of service. [Premlata Sharma VS State of M. P. - 1997 0 Supreme(MP) 1106][Chandramani Prasad Mishra VS State of Madhya Pradesh - 2018 0 Supreme(MP) 819]- "Constitutional framing" - Article 311(2) considerations and Article 166 (Governor’s acts) underpin the validity of pension-withholding orders issued in the Governor’s name; proper conformity with constitutional protocol is required for sanctions and procedures. [Rajo Bai W/o Lt. Shri Patru Ram VS State of Chhattisgarh - 2017 0 Supreme(Chh) 532][Keshav VS State of M. P. - 1986 0 Supreme(MP) 759]- "Rationale from precedents" - Courts consistently insist on considering the entire service record, including adverse entries, before retirement-related decisions; the overall service history is crucial in compulsory retirement and pension entitlement decisions. [Chandramani Prasad Mishra VS State of Madhya Pradesh - 2018 0 Supreme(MP) 819][BHEEMRAO S/o DEORAM BAGDE VS STATE OF MADHYA PRADESH - 2022 0 Supreme(MP) 645]- "Family pension eligibility – disability focus" - The disability status of a dependent child, including a 69% disabled, can trigger eligibility for family pension under Rule 47(6), and State instructions cannot strip statutory entitlement. [Krishna Gandhi VS State of Madhya Pradesh - 2018 0 Supreme(MP) 196]- "Interplay with other Acts" - The Payment of Gratuity Act, 1972, may waive certain conditions (e.g., five-year service) in death cases, thereby superseding Rule 44 in those instances; central legislation can override state pension rules for gratuity. [Premlata Sharma VS State of M. P. - 1997 0 Supreme(MP) 1106][Chandramani Prasad Mishra VS State of Madhya Pradesh - 2018 0 Supreme(MP) 819]- "Precedent on automatic continuation of proceedings" - There is no automatic continuation of disciplinary proceedings post-retirement; sanction of Governor is required to initiate such proceedings against a retired officer; if no sanction, proceedings may be quashed. [G. N. Mishra VS State of M. P. - 1986 0 Supreme(MP) 681][Keshav VS State of M. P. - 1986 0 Supreme(MP) 759]- "Natural Justice in retiree actions" - In cases involving termination or retirement actions, principles of natural justice may be limited or not apply when decisions are discretionary in public interest; nevertheless, due process concerns persist in post-retirement steps. [SANTOSH KUMAR SEETHA VS STATE OF MADHYA PRADESH - 2022 0 Supreme(MP) 712][MRITYUNJAY SHUKLA VS MUNICIPAL CORPORATION, RAIPUR - 2008 0 Supreme(Chh) 273]- "Compensation for unauthorised withdrawals" - In G.P.F. and related recoveries, courts emphasize that authorities are responsible for rectifying unauthorized withdrawals and compensating losses, with penalties if warranted. [Kusum Soni VS State of M. P. - 2013 0 Supreme(MP) 1131]- "Inter-se family pension disputes" - Divisional bench decisions in family pension cases emphasize that pension rights are vested and subject to statutory rules; disputes often resolve in favor of the applicant where statutory criteria are met. [027000321?][Rajat @ Ronak VS State of Madhya Pradesh - 2025 0 Supreme(MP) 845]- "Concluding note" - The MP Pension Rules are complex and heavily context-dependent; relied-on authorities demonstrate the necessity to carefully map factual timelines (appointment date, absorption, years of service, nature of establishment) to determine pension, gratuity, and family pension outcomes. [Baldeo Prasad Ubnare VS State of Madhya Pradesh - 2016 0 Supreme(MP) 811][027000493?]
Sources cited (selected):- Krishna Gandhi VS State of Madhya Pradesh - 2018 0 Supreme(MP) 196- G. D. Sakvaya VS State of M. P. - 2002 0 Supreme(MP) 1176- State of M. P. VS Gulab Singh - 2011 0 Supreme(MP) 130- Baldeo Prasad Ubnare VS State of Madhya Pradesh - 2016 0 Supreme(MP) 811- Kusum Soni VS State of M. P. - 2013 0 Supreme(MP) 1131- Sawailal Jalon VS State of MP - 2018 0 Supreme(MP) 147- Mani Shankar Kathal VS M. P. State Electricity Board - 2012 0 Supreme(MP) 1170- SANTOSH KUMAR SEETHA VS STATE OF MADHYA PRADESH - 2022 0 Supreme(MP) 712- Rajo Bai W/o Lt. Shri Patru Ram VS State of Chhattisgarh - 2017 0 Supreme(Chh) 532- Chandramani Prasad Mishra VS State of Madhya Pradesh - 2018 0 Supreme(MP) 819- Keshav VS State of M. P. - 1986 0 Supreme(MP) 759- BHEEMRAO S/o DEORAM BAGDE VS STATE OF MADHYA PRADESH - 2022 0 Supreme(MP) 645- S. A. Baigh VS Madhya Pradesh Khadi Tatha Gram Udhyog Board - 2015 0 Supreme(MP) 492- Upendra Arvindekar VS State of M. P. - 2011 0 Supreme(MP) 1157- State of Madhya Pradesh VS Jagdish Prasad Yadav - 2011 0 Supreme(MP) 518- G. N. Mishra VS State of M. P. - 1986 0 Supreme(MP) 681- Shyam Babu Gupta VS State of M. P. - 1985 0 Supreme(MP) 287- SATENDRA SHARMA VS HOME DEPARTMENT PRINCIPAL SECRETARY, BHOPAL - 2024 0 Supreme(MP) 298- Tribal Welfare Teachers Association President D. K. Singore VS State of M. P. - 2024 0 Supreme(MP) 204- Ashish Kumar Chaturvedi VS State of M. P. - 2018 0 Supreme(MP) 851- Trilokchand Dhaneriya VS State of M. P. - 2025 0 Supreme(MP) 482- 02700049355
(1) Subject to the provisions of Rules 8 and 9 pension once sanctioned after final assessment shall not be revised to the disadvantage of the Government pensioner, unless such revision becomes necessary on account of detection of clerical or computational error subsequently :
Provided that no revision of pension to the disadvantage of the pensioner shall be ordered by the pension sanctioning authority without the sanction of the Finance Department, if the clerical or computational error is detected after a period of two years from the date of sanction of pension.
(2) For the purposes of sub-rule (1), the Government pensioner concerned shall be served with a notice by the pension sanctioning authority, requiring him to refund the excess payments of pensions within a period of two months from the date of receipt of notice by him.
[Omitted]
3. Omitted by Notification No. FB-6-1-77-N-1I-IV. dated 1-2-1977 (w.e.f. 1-8-1976).
(1) Every Head of Office shall undertake the work of preparing pension papers in Form 6 two years before the date on which a Government servant is due to retire on superannuation, or on the date on which he proceeds on leave preparatory to retirement whichever is earlier.
3[x x x]
3. Omitted by Notification No. FB-6-1-77-N-1I-IV. dated 1-2-1977 (w.e.f. 1-8-1976).
(1) (a) 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 annual certificates of verification for the entire service excluding the portion referred to in sub-rule (3) of Rule 29 are recorded therein.
(b) In respect of the unverified portion or portions of service, he shall arrange to verify it or them, as the case may be, with reference to pay bills, acquittance rolls or other relevant records and records necessary certificates in the service book or service rolls, as the case may be.
(2) If the service for any period is not capable of being verified in the manner specified in sub-rule (1), that period of service having been rendered by the Government servant in another office or Department, a reference shall be made to the Head of that O
(1) (a) On reaching the stage i.e. 13 months before the date of retirement the Head of Office shall take up the actual work of preparation of pension papers in Part I and II of Form 6. Any deficiency or imperfection or omission which still remain in the service record shall be ignored at this stage and the qualifying service shall be proceeded with on the basis of entries in the service record, whatever the degree of perfection to which it might have been possible to bring them by that time.
4[x x x]
(2) (a) The Head of Office shall send Form 6 5[x x x] to the Audit Officer 12 months before retirement date with a covering memo, in Form 7 along with service book, service roll duly completed and up to date and any other documents relied upon for the verification of service claimed in such a manner that they can be conveniently cons
(1) If, after the pension papers have been forwarded to the Audit Officer, any event occurs which has a bearing on the amount of pension admissible, the fact shall be promptly reported to the Audit Officer by the Head of Office. If no such report is received within a week from the date of retirement, Audit Officer shall assume that there has occurred no such event.
(2) The Head of Office shall furnish to the Audit Officer, at least one and a half months before the date of retirement of the Government servant, the following particulars, namely :--
(a) Government dues recoverable out of the gratuity before payment is authorised that is to say--
(i) contribution towards contributory family pension, if applicable;
(ii) Government dues which have been as
(1) After the pension papers of a Government servant have been sent to the Audit Officer concerned, the Head of Office shall read with Rule 74 draw anticipatory pension not exceeding the maximum pension and 90% of the gratuity as indicated in Part I of Form 6 and for this purpose the following procedure be adopted namely :--
(a) The Head of Office shall issue a sanction letter to the Government servant endorsing a copy thereof to the Audit Officer indicating the amount of anticipatory pension and 90% of the gratuity payable to such Government servant on retirement from service.
(b) The Head of Office shall indicate in the sanction letter the amount recoverable out of the gratuity under sub-rule 7[(2)] of Rule 60;
(c) After the issue of the sanction letter, Head of Office shall draw :--
&nbs
(1) It shall be open to the Government servant to receive the payment of the balance of the gratuity from the Treasury from which the payment of final pension is desired by him or from the Head of Office.
(2) Where a Government servant desires to receive the payment of balance of the gratuity from the Head of Office, he shall communicate his option in this behalf to the Head of Office in writing before the date of his retirement.
(3) The Head of Office shall thereupon take steps to draw and disburse the balance of the gratuity after the Audit Officer has issued the necessary ' authority as provided in sub-rule (4) of Rule 63.
(1) On receipt of pension papers referred to in Rule 59 the Audit Officer shall apply the requisite checks, record his audit enfacement on Section 1 of Part III of Form 6 and assess the amount of final pension and gratuity not later than 2 months in advance of date of retirement :
Provided that if the Audit Officer is, for any reason, unable to assess the amount aforesaid, he shall communicate the fact to the Head of Office.
Note.--The Audit Officer while applying requisite checks shall keep in mind that what is intended is not a total overhaul or audit of entire service book or records, but only a scrutiny limited to the immediate purpose on hand, namely, the preparation of pension papers. Similarly, any check of correctness of emoluments whether in the office preparing pension papers or in Audit Office shall not become an occasion for
(1) (a) In respect of Government servants refer to in sub-rule (4) of Rule 9 the Head of Office shall authorise the payment of provisional pension not exceeding the maximum pension and 50% of gratuity taking into consideration the gravity of charges levelled against such Government servant, 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.
(b) The provisional pension shall be drawn on establishment pay bill and paid to retired Government servant by the Head of Office during the period commencing from the date of retirement to the date on which upon conclusion of departmental or judicial proceedings, final orders are passed by the competent authority.
(1) It shall be the duty of every retiring Government servant to clear all Government dues before the date of his retirement.
(2) Where a retiring Government servant does not clear the Government dues and such dues are ascertainable.--
(a) an equivalent cash deposit may be taken from him; or
(b) out of the gratuity payable to him, his nominee or legal heir, an amount equal to that recoverable on account of ascertainable Government dues shall be deducted.
Explanation.--
1. The expression "ascertainable Government dues" includes balance of house building or conveyance advance, arrears of rent and other charges pertaining to occupation of Government accommodation, over-payment of pay and allowances and arrea
(1) (a) If any of the Government dues (other than those referred to in Rule 65 remain unrealised and unassessed for any reasons, the retiring Government servant may be asked to furnish in Form 8 a surety of a suitable permanent Government servant, holding a pensionable post.
(b) If the surety furnished by him is found acceptable the grant of his pension and gratuity shall not be delayed.
(2) (a) If the retiring Government servant is unable or unwilling to furnish a surety, a suitable cash deposit may be taken from him, or such portion of gratuity payable to him as may be considered sufficient may be held over till the outstanding dues are assessed and adjusted.
(b) The cash deposit to be taken or the amount of gratuity to be withheld shall not exceed the estimated amount of the outsta
1[x x x]
1. Omitted by Notification No. FB-6-1-77-N-II-IV, dated 1-2-1977 (w.e.f. 1-8-1976).
Where the Head of Office has received an intimation about the death of a 3[x x x] Government servant while in service, he shall ascertain whether any death-cum-retirement gratuity or family pension or both is or are payable in respect of the deceased Government servant.
4[x x x]
(2) (a) Where the death-cum-retirement gratuity under Rule 44, is payable the Head of Office shall ascertain :--
(i) If the deceased Government servant had nominated any person or persons to receive the gratuity; and
(ii) Where the deceased Government servant had not made any nomination or the nomination made does not subsist, the person or persons to whom the gratuity may be payable.
(b) The Head of Office shall/then address
(1) On receipt of the documents referred to in sub-rules (5) and (6) of Rule 69 the Audit Officer shall within a period of six months from the date of death of the 8[x x x] Government servant, apply the requisite checks, record his audit enfacement on Section 1 of Part IV of Form 17 and assess the amount of final family pension and gratuity :
Provided that if the Audit Officer is, for any reason, unable to assess the amount within the period aforesaid, he shall communicate the fact to the Head of Office.
(2) (a) If the family pension is payable in his circle of audit, the Audit 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 Government servant died.
&nb
(1) Where the Head of Office 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 is or are payable in respect of the deceased pensioner :
Provided that the Head of Office may, when he considers it necessary so to do, consult the Audit Officer.
(2) (a) (i) If the deceased pensioner is survived by a widow or widower who is eligible for the grant of contributory family pension under Rule 47 the amount of contributory 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
On receipt of the sanction under Rule 71 regarding the payment of family pension or of residuary gratuity or of both, the Audit Officer shall authorise the payment of the same.
(1) Except in the case of a Government servant to whom the provisions of Rule 34 apply and subject to the provisions of Rules 9, 1[x x x] and 64 a pension other than family pension shall become payable from the 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.
1. Figure "56" Omitted by Notfn. No. FB-6-1-77-N-II-IV, dated 1-2-1977 (w.e.f. 1-8-1976).
If the Pension Payment Order is not received 15 days before the date the pension becomes due, the Head of Office shall sanction and disburse the anticipatory pension in all cases from the 1st of the month in which it is due. Similarly provisional pension shall be sanctioned and disbursed by the Head of Office on the 1st of the month in which it becomes due. For this purpose such information as is available in the official record may be used, and further, the Head of Office should ask the retiring Government servant for a simple statement giving his total length of service (from the date of joining duty to the date of retirement indicating the period of breaks, if any), and also the emoluments during the last 12 months of service. The retiring Government servant may also be asked to certify that the facts stated by him are correct to the best of his knowledge and belief. If complete information regarding the emoluments drawn d
Legal Comments
"Introduction" - The Madhya Pradesh Civil Services (Pension) Rules, 1976 (Rules) govern pension, gratuity, and related retiral benefits for government servants in MP; Rule 9 and Rule 47 et al. articulate withholding, family pension, and post-retiral dues, while Rule 42 governs voluntary retirement. [Source: "Sawailal Jalon VS State of MP - 2018 0 Supreme(MP) 147"; "Krishna Gandhi VS State of Madhya Pradesh - 2018 0 Supreme(MP) 196"]
"What does Section Says" - Section R.74 as requested is not explicitly shown in the provided dataset; the materials cite Rule 9 (governor's right to withhold/withdraw pension), Rule 42 (voluntary retirement/premature retirement), Rule 47 (Contributory Family Pension), Rule 45-A (post-retiral dues), and related provisions. The commentary below maps the relevant rules and standards that influence Section 74-type considerations in MP Pension Rules. [Source: "Sawailal Jalon VS State of MP - 2018 0 Supreme(MP) 147"; "SANTOSH KUMAR SEETHA VS STATE OF MADHYA PRADESH - 2022 0 Supreme(MP) 712"; "02700044785" (implied); "02700066690"]
"Essential ingredients" - For pension-related actions post-retirement, essential ingredients include: (i) legal authority of the Governor to pass pension-related penalties (Rule 9(1)); (ii) requirement (where applicable) of Governor's sanction before initiating post-retirement departmental proceedings (Rule 9(2)(b)(i)); (iii) compliance with natural justice principles unless specifically excluded (Rule 8/Rule 9 context); (iv) adherence to statutory rules over executive instructions (as seen in family pension denial cases). [Source: "Prem Chand Chaturvedi VS State of M. P. - 2017 0 Supreme(MP) 209"; "Keshav VS State of M. P. - 1986 0 Supreme(MP) 759"; "Krishna Gandhi VS State of Madhya Pradesh - 2018 0 Supreme(MP) 196"]
"Scope of Section" - The Rules apply to government servants in pensionable establishments; exclude work-charged or contingencies unless specifically extended (Rule 2(g)); count qualifying service from relevant start dates (Rule 6 / Rules 1979 for work-charged). Family pension provisions under Rule 47 apply to dependent family members, including disabled children, where statutory rules trump conflicting instructions. [Source: "Durga Prasad VS M. P. Power Transmission Co. Ltd. - 2024 0 Supreme(MP) 461"; "Kusum Soni VS State of M. P. - 2013 0 Supreme(MP) 1131"; "Rajat @ Ronak VS State of Madhya Pradesh - 2025 0 Supreme(MP) 845"; "Samim Begum VS State of M. P. - 2006 0 Supreme(MP) 760"]
"Punishment for Section" - Penalties from post-retirement disciplinary actions include withholding or withdrawal of pension, or recovery of pecuniary loss, under Rule 9(1). Such penalties can be imposed even after retirement with proper sanction (Rule 9(2)(b)(i) requires Governor sanction). In practice, courts have held that lack of timely sanction invalidates proceedings (Petitions quashed where Governor sanction absent). [Source: "Sawailal Jalon VS State of MP - 2018 0 Supreme(MP) 147"; "Keshav VS State of M. P. - 1986 0 Supreme(MP) 759"; "Baldeo Prasad Ubnare VS State of Madhya Pradesh - 2016 0 Supreme(MP) 811"]
"Legal comments - Executive instructions vs statutory rules" - Courts consistently hold that executive instructions cannot override statutory pension rules (e.g., family pension for a disabled child under Rule 47(6) vs circulars; circulars cannot negate statutory entitlements). [Source: "Krishna Gandhi VS State of Madhya Pradesh - 2018 0 Supreme(MP) 196"]
"Delay and back wages / arrears" - Courts uphold payment of arrears and pension with interest where delay is due to administrative actions, or where withdrawal of pension was improper; Rule 65 recovery and interest cases show relief including interest on belated retiral dues where applicable. [Source: "Nirmala Chouhan VS State of M. P. - 2021 0 Supreme(MP) 275"; "SANTOSH KUMAR SEETHA VS STATE OF MADHYA PRADESH - 2022 0 Supreme(MP) 712"; "Kusum Soni VS State of M. P. - 2013 0 Supreme(MP) 1131"]
"G.P.F. and recovery" - In cases of negative balance in General Provident Fund, the courts emphasized accountability of authorities and ordered recovery of losses with proper compensation; creditors must follow statutory constraints; recoveries after retirement require lawfulness. [Source: "Kusum Soni VS State of M. P. - 2013 0 Supreme(MP) 1131"]
"Senior Auditor / absorption cases" - When appointment dates and absorption affect pension eligibility, courts hold that initial appointment dates determine pensionable status; petitioners absorbed into regular service are amenable to Pension Rules; count service from initial appointment date. [Source: "Baldeo Prasad Ubnare VS State of Madhya Pradesh - 2016 0 Supreme(MP) 811"]
"Family Pension – Rule 47(6)" - The rule supports family pension to dependents (e.g., disabled daughter) after death; executive circulars attempting to restrict eligibility are quashed if contrary to Rule 47(6); benefits awarded with costs where appropriate. [Source: "Krishna Gandhi VS State of Madhya Pradesh - 2018 0 Supreme(MP) 196"]
"Voluntary retirement" - Rule 42(1) precludes withdrawing acceptance of voluntary retirement once accepted; employer discretion governs withdrawal requests; courts have upheld employer discretion but rejected unwarranted penalties or retroactive denial. [Source: "Upendra Arvindekar VS State of M. P. - 2011 0 Supreme(MP) 1157"]
"Compulsory retirement / service record" - Compulsory retirement may be challenged only for arbitrary, capricious, or mala fide actions; courts require consideration of the entire service record; admissible adverse entries may justify retirement under Rule 42(1)(b). [Source: "BHEEMRAO S/o DEORAM BAGDE VS STATE OF MADHYA PRADESH - 2022 0 Supreme(MP) 645"; "Durgesh Rathi (Dr. ) VS State of Madhya Pradesh - 2022 0 Supreme(MP) 73"]
" Compassionate/Leave Benefits" - Compassionate appointment rules and family dependency definitions influence post-retiral eligibility where linked to pension or gratuity; courts emphasize statutory scheme and not to override them with administrative directions. [Source: "State of Chhattisgarh VS Muniya Mukharjee - 2022 0 Supreme(Chh) 87"; "02700001098"]
"Housing Board / Public Sector analogies" - Housing Board employees fall under MP Pension Rules if adopted; boards may apply MP Pension Rules 1976 to pensionable regular employees and follow 1998 Regulations or 2015 updates; courts have directed boards to grant pension/revise pension where applicable. [Source: "Griha Nirman Mandal Adhikari/Karmachari Pensioners' Association VS Madhya Pradesh Housing Board - 2013 0 Supreme(MP) 921"; "Krishna Gandhi VS State of Madhya Pradesh - 2018 0 Supreme(MP) 196"; "R. N. Gupta VS Jawaharlal Nehru Krishi - 1995 0 Supreme(MP) 681"]
"Departmental Enquiry Initiation post-retirement" - Rule 9(2)(b)(i) requires Governor's sanction for initiating departmental enquiries against a retired government servant; failure to obtain sanction renders enquiry proceedings unsustainable; courts have quashed such proceedings. [Source: "Keshav VS State of M. P. - 1986 0 Supreme(MP) 759"; "Bhoopat Narain Sharma VS State of M. P. - 1985 0 Supreme(MP) 472"; "SATYANARAYAN GUPTA VS MP. HOUSING BOARD - 2008 0 Supreme(MP) 683"]
"Interplay with Central Acts" - Central gratuity and pay acts (e.g., Payment of Gratuity Act, 1972) override state rules in certain contexts; courts have recognized waiver provisions and central schemes impacting state pension rules (e.g., gratuity waivers). [Source: "Premlata Sharma VS State of M. P. - 1997 0 Supreme(MP) 1106"]
"Discrimination in pension benefits" - Courts strike down discriminatory pension practices where pay revisions (e.g., MP Pay Revision Rules 2009) are applied unequally to Housing Board employees; at times, pay revision must apply to pre-9/1/2009 retirees at parity with post-9/1/2009 retirees. [Source: "Griha Nirman Mandal Adhikari/Karmachari Pensioners' Association VS Madhya Pradesh Housing Board - 2013 0 Supreme(MP) 921"]
"Voluntary retirement vs. retirement benefits counting" - Counting of service for pension, especially for work-charged and contingency-paid employees, requires reading Rule 2, Rule 6, and Rule 42 in light of 1979 and 1976 Rules; courts have held that work-charged service can be pensionable when absorbed into regular service. [Source: "Durga Prasad VS M. P. Power Transmission Co. Ltd. - 2024 0 Supreme(MP) 461"; "Samim Begum VS State of M. P. - 2006 0 Supreme(MP) 760"]
"Divisions and Larger Bench references" - Several cases hinge on cross-jurisdictional references and Larger Bench considerations on rule interpretation; nonetheless, the consistent thread is adherence to statutory text and not unilateral executive pronouncements. [Source: "Samim Begum VS State of M. P. - 2006 0 Supreme(MP) 760"; "State of M. P. VS Puranlal Nahir - 2012 0 Supreme(MP) 57"]
"Preservation of disability/Family rights" - Courts protect disability-related family pension rights under Rule 47(6) and resist narrowing interpretations via executive instructions; the disability status at death remains a critical factor. [Source: "Krishna Gandhi VS State of Madhya Pradesh - 2018 0 Supreme(MP) 196"]
"Conclusion" - Section 74-like issues in MP Pension Rules revolve around the Governor’s sanction for post-retirement actions, counting of qualifying service (including work-charged/contingency periods when applicable), protection of family pension rights against executive overrides, and timely payment of retiral dues with interest where due; the line of authorities consistently upholds statutory rule primacy over circulars and emphasizes comprehensive consideration of the entire service record and due process before pension-related penalties are imposed. [Synthesis from: "Sawailal Jalon VS State of MP - 2018 0 Supreme(MP) 147"; "Keshav VS State of M. P. - 1986 0 Supreme(MP) 759"; "Krishna Gandhi VS State of Madhya Pradesh - 2018 0 Supreme(MP) 196"; "SANTOSH KUMAR SEETHA VS STATE OF MADHYA PRADESH - 2022 0 Supreme(MP) 712"; "Kusum Soni VS State of M. P. - 2013 0 Supreme(MP) 1131"]
(1) Except as otherwise provided in this rule, all pensions shall be payable in rupees in India.
(2) In the case of non-Indian Government servant who on retirement takes up his residence outside India, the payment of pension and rate at which it should be paid shall be governed by the rules made by the Government of India, in this behalf from time to time for their pensioners.
(1) Except as otherwise provided in these rules, a gratuity shall be paid in lump sum.
(2) A pension fixed at monthly rates shall be payable monthly on or after the first day of the following month.
Save as otherwise provided in the rules, the M.P. Treasury Rules, shall apply in regard to the procedure of payment :--
(i) of gratuity,
(ii) of pension,
(iii) of pension un-drawn for more than an year; and
(iv) of pension in respect of deceased pensioner.
Where any doubt arises as to the interpretation of these rules, it shall be referred to the Government in the Finance Department for decision.
Where any department of the Government is satisfied that the operation of any of these rules causes undue hardship in any particular case, the State Government 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 Finance Department.
(1) On the commencement of these rules, every rule, 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, ceases to operate.
(2) Notwithstanding such cesser of operation,--
(a) (i) every nomination for the payment of death-cum-retirement gratuity, or of non-contributory family pension;
(ii) every form regarding the details of family of a Government servant for the purposes of contributory family pension, which a Government servant had given under the old rules shall be deemed to have been made or given under the corresponding provisions of these rules;
(b) any nomination f
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
