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Compendium of Pension Rules

COMPENDIUM

OF

PENSION RULES AND ORDERS

WITH

PENSION & COMMUTATION UNDER REVISED PAY SCALES 2001

Amended, Corrected & Modified

Section I

CIVIL SERVICE REGULATIONS

(Relating to Pension)

CIVIL SERVICE REGULATIONS PART I. PRELIMINARY

GENERAL SCOPE

Extent of Application

1.     (a) These Regulations are intended to define the conditions under which salaries, and leave and pension and other allowances, are earned by service in the Civil Departments, and in what manner they are calculated. They do not deal otherwise than indirectly and incidentally with matters relating to recruitment, promotion, official duties, discipline, or the like.

        (b)  Many orders applying to particular appointment or to particular individuals arc not included in them; but with this exception the Regulations have been framed so as to embody all orders still in force affecting the acting allowances, the leave and leave allowances, the pensions and the travelling allowances of officers, the conditions of whose service in respect to, these matters are not defined by the Army and Pakistan Navy Regulations. The omission from the Regulations of any order on those matters which is believed to be still in force should be brought to the notice of the Government through the proper channel. Until so confirmed, it should be considered as not in force.

        (c) These Regulations do not apply to the pay and allowances (except travelling allowances), pension and leave of officers of the Pakistan Navy holding shore appointments, which are governed by the Pakistan Navy Regulations.

2.    The rules which apply to the ordinary Civil establishments of the State apply also to officers employed under the Military and Navy Departments and under Local Governments whose service does not qualify; under the Army or Pakistan Navy Regulations.
3.    Not printed.

Right of Changing “or Interpreting Rules

4.    The Government of Pakistan reserve to themselves the right of changing the rules in these Regulations regarding pay and acting allowance and leave and pension, from time to time at. Their discretion, and of interpreting their meaning in case of dispute.

       An officer’s claim to pay and allowances is regulated by the rules in force at the time in respect of which the pay and allowances are earned; to leave by the. rules in force at the time the leave is applied for and granted; and to pension by the rules in force at the time when the officer resigns or is discharged’ from the service of Government.

*4-A.   An officer transferred to a Service or post to which the pension rules in these Regulations apply, from a Service or post to which they do not apply, becomes subject to the pension rules in these Regulations, provided that it shall be open to him, within six months of the date of transfer or, if he is on leave on that date, within six months of his return from leave, to elect to be governed by the pension rules to which he was subject immediately before the date of transfer. The intention of exercising this option must be specifically declared to the Local Government or the (President)**as the case may be. The option once exercised shall be final.
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*Takes effect from the 16th November 1938.
**Substituted for the words Governor General.

 

Section I

CIVIL SERVICE REGULATIONS

(Relating to Pension)

CIVIL SERVICE REGULATIONS PART I. PRELIMINARY

GENERAL SCOPE

Extent of Application

1.     (a) These Regulations are intended to define the conditions under which salaries, and leave and pension and other allowances, are earned by service in the Civil Departments, and in what manner they are calculated. They do not deal otherwise than indirectly and incidentally with matters relating to recruitment, promotion, official duties, discipline, or the like.

        (b)  Many orders applying to particular appointment or to particular individuals arc not included in them; but with this exception the Regulations have been framed so as to embody all orders still in force affecting the acting allowances, the leave and leave allowances, the pensions and the travelling allowances of officers, the conditions of whose service in respect to, these matters are not defined by the Army and Pakistan Navy Regulations. The omission from the Regulations of any order on those matters which is believed to be still in force should be brought to the notice of the Government through the proper channel. Until so confirmed, it should be considered as not in force.

        (c) These Regulations do not apply to the pay and allowances (except travelling allowances), pension and leave of officers of the Pakistan Navy holding shore appointments, which are governed by the Pakistan Navy Regulations.

2.    The rules which apply to the ordinary Civil establishments of the State apply also to officers employed under the Military and Navy Departments and under Local Governments whose service does not qualify; under the Army or Pakistan Navy Regulations.
3.    Not printed.

Right of Changing “or Interpreting Rules

4.    The Government of Pakistan reserve to themselves the right of changing the rules in these Regulations regarding pay and acting allowance and leave and pension, from time to time at. Their discretion, and of interpreting their meaning in case of dispute.

       An officer’s claim to pay and allowances is regulated by the rules in force at the time in respect of which the pay and allowances are earned; to leave by the. rules in force at the time the leave is applied for and granted; and to pension by the rules in force at the time when the officer resigns or is discharged’ from the service of Government.

*4-A.   An officer transferred to a Service or post to which the pension rules in these Regulations apply, from a Service or post to which they do not apply, becomes subject to the pension rules in these Regulations, provided that it shall be open to him, within six months of the date of transfer or, if he is on leave on that date, within six months of his return from leave, to elect to be governed by the pension rules to which he was subject immediately before the date of transfer. The intention of exercising this option must be specifically declared to the Local Government or the (President)**as the case may be. The option once exercised shall be final.
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*Takes effect from the 16th November 1938.
**Substituted for the words Governor General.

ORDINARY PENSIONS

GENERAL RULES

SECTION I. EXTENT OF APPLICATION

348-A. Every pension shall be held to have been granted subject to the conditions contained in Chapter XXI.

349.    The conditions of service of officers of the following classes include special rules for pension which are laid down in the chapters noted against each. viz.:

     (a)  Judges of the High Court (see Chapter XXIII) Not printed.

     (b)  Barristers, etc.. holding the appointments specified in Article 547 (see Chapter XXIV). Not printed.

     (c)  Members of the former Indian Civil Service (see Chapter XXV).

     (d)  Military officers of the former Indian Political Service (see Chapter xxviii).                                  

     (e)  Civil Engineers and Telegraph Officers (see Chapter XXX)—–Not printed.

     (f)  State Railway Establishments (see Chapter XXXII)Not printed.

     (g)  Cancelled.

     (h) Special Rules for the Police Not printed. (i) Cancelled.

     (j) Army Veterinary Officers of the Civil Veterinary Department (see Chapter XXIX) Not printed.

     (k) Cancelled.

349A. Not Printed.

349AA.

*349AAA. Articles 349A and 349AA do not apply to officers who entered Government service on or after 1st July, 1966, or who, having entered such service before that date, did not elect to continue to be governed by the rules there-fore applicable to them.

  In the case of such officers the rules in Articles 465B, 474B and 474**C replace the rules in Articles 465. 465A, 465AA, 474, 474A. 475A 474AA 475 475A, 475AA and 475AAA.

349B. Not. Printed.

350.     The pensions of all other officers are regulated by the rules in this Part: Provided that it is open to a Local Government to rule that the service of any class of officers serving under it does not qualify for pension.

      1. Service in Dak Bangalow and District Garden Establishments does not qualify

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*Inserted by M. F. Notification No. F. 4(4) Rs. 68, dated 30-1-1971.
**Omitted vide G. P. F. D. Notification No. 6(4)-Reg. (6)/81 dated. 17-2-1083.

     2. The service of a Patwari, whether appointed before or after the abolition of the Patwari or Village Officer’s Cases and Funds, does not qualify In any lease in which it did not qualify Prior to that abolition.

351. (1) Future good conduct is an implied condition of every grant of a pension. The Local Government and the Government of Pakistan reserve to themselves the right of withholding of withdrawing a pension or any part of it, if the pensioner be convicted of serious crime or be guilty of grave misconduct.

        The decision of the President on any question of withholding or withdrawing the whole or any part of a pension under this Regulation shall be final and conclusive.

       *(2) Except with the previous sanction of the Federal Government, no pensioner shall, within a period of two years from the date of his retirement, lake part in any election or engage in political activity of any kind.

       *(3) The contravention of clause (2) shall be deemed to be a grave misconduct with the meaning of this regulation.

*Note I. -[This rule is applicable, to all the officers enumerated in Article 349. ].

* Note 2. -Power given in this rule to withhold or withdraw a pension or any part of it if the pensioner is guilty of grave misconduct, shall not be exercised until an opportunity has been given to the pensioner to explain his conduct verbally or in writing.

351-A. The President reserves, to himself the right to order the recovery from the pension of art officer who entered service on or after 23rd February, 1939 of any amount on account of losses found in judicial or departmental proceedings to have been caused to Government by the negligence or fraud of such officer during his service:

   Provided that-

    (1) such departmental proceedings, if not instituted while the officer was on duty,

(i) shall not be instituted save with sanction of the President;

(ii) shall be instituted before the officer’s retirement from service or within a year from the date on which he was last on duty whichever is later;

(iii) shall be in respect of an event which took place not more than one year before the date on which the officer was last on duty and:

(iv) shall be conducted by such authority and in such places whether in Pakistan or elsewhere, as the President may direct;

(2) all such departmental proceedings shall be conducted, if the officer concerned so requests, in accordance with the procedure applicable to departmental proceedings on which an order of dismissal from service may be made; and

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*Added vide Notin No. F, I(7)-RI/64, dated 1-3-1965.
*Inserted vide M. F. Notfi., No. F. 12(4)-RI/55, daled the 14-12-1955

(3) such judicial proceedings, if not instituted while the officer was on duty, shall have been instituted in accordance with sub-clauses (ii) and (iii) of clause (1).

*”351-B. -The Government may, within one year from the date of issue of Pension Payment Order, recover any of its dues from the pension granted to a civil servant, subject to the condition that no recovery shall be made from the pension without the personal order of the Head of the Ministry or Division or Head of the Department, declared as such under S. R. 2′(10) and included in Appendix No. 14, Vol. II of the Compilation of the Fundamental Rules and Supplementary Rules, as the case may be.

SECTION II. -CASES IN WHICH CLAIMS ARE INADMISSIBLE

352.    In the following cases no claim to pension is admitted:

(a) When an officer is appointed for a limited time only, or for a specified duty, on the completion of which he is to be discharged.

(b)  When a person is employed temporarily on monthly wages without specified limit of time or duty; but a month’s notice of discharge should be given to such a person, and his wages must be paid for any period by which such notice falls short of a month.

(c) When a person’s whole time is not retained for the public service, but he is merely paid for work done for the Government.

This clause applies, among others, to the following, officers: Advocate General, Solicitor to Government, Government Pleaders and Law Officers not debarred from private practice.

(d) When a public servant holds some other pensionable officer, he earns no pension in respect of an office of the kind mentioned in clause (c) or in respect of duties paid for by a Local Allowance.

(e)  When an officer serves under a covenant which contains no stipulation regarding pension, unless the Government of Pakistan specially authorises an officer to count such service towards pension.

Misconduct or Inefficiency

353.    No pension may be granted to an officer dismissed or removed for misconduct, insolvency or inefficiency; but to officers so dismissed or removed compassionate allowances may be granted when they are deserving of special consideration; provided that the allowances granted to any officer shall not exceed two-thirds of the pension which would have been admissible to him if he had retired on medical certificate.

353A. Not Printed.

Claims of Widow

354.    (a) It being the duty of every Government officer himself to provide for his family, the Government **except as provided in respect of officers governed by the pension cum-Gratuity Scheme, 1954, recognises no claim by a widow on account of the services of her husband, and is almost invariably under the pain-ful necessity of rejecting recommendations made in contravantion of this rule.

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*Added vide G. P. F. D. Notification No. F. 6(8)-Reg. (6)/79 dated 18-3-1982.
1 This revised Article takes effect from the 18th June, 1935.
** Inserted vide Notification No. 3(2)-RS II/69 dated 22-10-1969.

(b) The submission of such recommendations, save under very extraordinary circumstances,, is disapproved, as calculated only to give rise to hopes which can-not be fulfilled.

Limitations

355. (a) An officer cannot earn two pensions in the same office at tie some time, or by the same continuous service.

        (b) Two officers may not simultaneously count service in respect of the same office.                                

Military Service

356. (a) Service rendered by an employee belonging to one of the classes mentioned in Note 2 below, (*which is pensionable under military rules but which terminates before a pension has been earned in respect of it, may, at the discretion of the Government of Pakistan or of the Provincial and Minor Local Governments specified in Paris I and II of Appendix I to these Regulations, be allowed to count, when followed by service qualifying for pension under civil rules, as part of such service, provided that any bonus or gratuity recieved in lieu of pension on, or since discharge from military service shall be refunded in such number of monthly instalments, not normally exceeding 36 and beginning from such date, as in each cue the Government of Pakistan, Provincial Government or Minor Led! Government, as the case may be, may decide. Service so allowed to count shall, however, be restricted to service, within or outside the employee’s unit or depertment, in Pakistan or else where, which has been paid for from Pakistan revenues or for which a pensionary contribution has been received by Pakistan revenues.

       (b) Service pensionable under military rules which does not terminate before a pension has been earned in respect of it shall not be allowed to count for pension under civil rules without the sanction of the President.

Note I. -(An officer, ex-soldier or ex-airman will not be brought under the operation of this Article as a matter of course, Each case will be decided on its merits, e. g.. there may be cases to which it may be open to a claimant for pension to add military service during the Great War to former non-pensionable service in the Army in order to claim the benefit of a military pension. In such cases It may be to the advantage of the claimant that he should not be brought under the operation of this Article. The tearing of paragraph 574 of the Pay and Allowance Regulations of the Army, Part II on the position of soldiers of the Pakistan Army who re-entered during the Great War, deserves consideration in this connection.

Note 2. -[This Article applies to commissioned officers, non-commissioned officers and men of the Pakistan Army, + Pakistan Navy, Pakistan Air Force (and of the Frontier Consta-bulary and Militias) and to non-combatant departmental and regimental employees and followers of the supplements services, it also applies to warrant and non-commissioned officers and men of the British Service and to warrant officers and departments officers of the commisanry and assistant surgeon classes.

Note; 3. Omitted, **

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*[ ]Omitted by Notification No F. I(15)-Reg(6)/72, dated 31-1-1973.
1 These words within brackets occurring in Note 2 below Article 356 have effect from the 26th May, 1929.
1 Inserted vide Notification No. F. 4(12)-Reg (6)/77, dated 11-4-1978.
**Omitted vide G. P. F. D. Notification No. F. 6(4)-R4g (6)/81 dated 17-2-1983.
Note 4. -[Employees in the Military Police have the option of counting service under any other rules in these Regulations which would give them a similar or more liberal concession. )

Note 5 —-[Employees who were in service in an appointment pensionable under civil rules on the 22nd February 1921 are eligible to count service under the rules which were in force before that date, where these rules are more advantageous to them. )

Note 6. -[A person permanently appointed to the Civil Police force or to a post in the Jails Department of an administration subordinate to the Governor-General who before such appointment has served in the reserve of the Pakistan Army, may, if his military service, whether or not including service with the colours in addition to service, in the reserve was pensionable under military rules but terminated before he had qualified for pension, be permitted, at the discretion of the head of the administration, and subject to the provisions contained in this Article in count for civil pension the whole of his service with the colours, if any, and half his service In the reserve. ]

*357. Omitted.

357-A. Civil employees other than those governed by Article 357-B who, prior to their civil employment, have rendered satisfactory paid service between the 4th August, 1914. and the 31st August 1921, in His Majesty’s Military, Naval or Air Forces, British or Indian, which did not earn a service pension under the Military, Naval or Air Force Rules, shall be allowed to count such military service, including sick leave taken during such service, for the purpose of civil pension, subject to the observance of the following general principles: –

(1)  Completed years of military service shall be allowed to count up to a maximum of four years.

(2)  In the case of services in which a minimum age is fixed for recruitment, no military service rendered below that age shall be allowed to count for pension.

(3)  The addition of war service shall not be included in total service under Article 408 for the purpose of counting leave at service for pension, not allowed in addition to the concession in Article 404-A, but any Government servant who may be entitled to the concessions admissibile under the latter Article and to the concession in this Article, will be allowed to select whichever is more favourable.

(4)  British and Pakistan military service shall be allowed to count alike for pension and no contribution towards, or share of, a pension earned as a result of this concession shall be claimed for the British Government.

(5)  No refund of military bonus or gratuity shall be demanded from the employee.

**357-AA. Civil employees who, prior to their Civil employment, have rendered whole-time satisfactory paid, enlisted or commissioned service ‘*** (including service rendered as a Cadet in a Military Training School **’**      ).between the 3rd September, 1939 and the 31st March, 1946, in His Majesty’s Military Naval or Air Forces, British or Indian, which did not earn a service pension under the Military, Naval or Air Force Rules and who have been appointed in a civil pensionable post on or before the 18th July, 1947, shall, subject to the observance of general principles laid clown, in Articles 357-A and 357-B in so far as they are not in consistent with this Article, be allowed to count completed years of such service upto a maximum of five years, for the purpose of civil pension.

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*Omitted by M. F. Notification No. D. 203- Rs. II/69, dated 21-4-1969.
**Inserted by Notification No. F. 11(3)-R I/56, dated 15th September, 1956
.   ***Inserted by G. P. M. F. Notification No. 24(8)-RS (3)/70, dated 10-12-1970.
***”Deleted vide Notification No. F. (15)-Reg (6)72, dated 31-1-1973.

   ” Government Orders

     See serial No. 16, Chapter II in Section VI. “

*357-B. Members of the services specified in the Schedule below, who, prior to their civil employment have rendered whole time enlisted or commissioner service between the 4th August, 1914, and the 31st August, 1921, in His Majesty’s Military, Naval or Air Forces British or Indian, which did not earn as service pension under the Military, Naval or Air Forces Rules, may count such service, including sick leave taken during such service, for civil pension of all kinds subject to the following conditions: –

(1)  Completed years of service rendered after the attainment of the minimum age mentioned in the schedule to this Article shall be allowed to count up to a maximum of four years.

(2)  The addition so made shall not be included in total service under Article 408 for the purpose of counting leave as service qualifying for pension nor be allowed in addition to the concession in Article 404-A but an officer who may be entitled to the concession under Article 404-A and to that provided in this Article, shall be allowed whichever concession is more favourable to him.

(3)  Save as stated in Note 1, no refund of bonus or gratuity received in respect of such service shall be required from the officer.

Note 1. -Officers of the late Indian Army retired as surplus under the terms of the Royal warrant of 25th April, 1922, appointed to any of the services named in the schedule shall be entitled to the concession in this Article or to the following concession whichever is more favourable: –

They shall be allowed to count as service qualifying for superannuation, retiring and invalid pension, all service in the Pakistan Army (excluding service in the British Army which would have counted for Pakistan Army Pension) rendered after attaining the minimum age of appointments us indicated in the Schedule below, and subject to a maximum period in all of four years but the gratuity, if any, received by them under that Royal Warrant shall be refunded to Government.

Note2. Service added under this Article shall count towards the limit of 28 years’ qualifying service prescribed in Article 475A(7).

Schedule

                          Service                                                Minimum age

Pakistan Audit: and Accounts Service….                         22 Years

     Pakistan Customs Service…….                                       22 “

     Superior Telegraph Engineering and Wireless  …..            22 ”
Branches of the Posts and Telegraph Department..

     Geological Survey of Pakistan (Class I)..                          Nil.

     Mines Department (Class I)….                                         25 “

**357C. Omitted
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*This Article relates to service under the control of the Governor General and takes effect from the 24th February, 1938.
**Omitted vide Notification No. D. 203-RS II/69, dated 21-4-1967.

CONDITIONS OF QUALIFYING SERVICE

SECTION I. -DEFINITION OF QUALIFYING SERVICE

Beginning of Service

*358. Unless it be otherwise provided by special rule or contract, the service of an officer begins to qualify for pension from the date he takes charge of the office to which he is first appointed.

*359. Omitted.

369. Omitted.

Conditions of Qualification

361. ** [Except as otherwise provided in these Regulations, the service of an officer] does not qualify for pension unless it conforms to the following three conditions: –

         First. -The service must be under Government.

         Second. -The employment must he substantive and permanent.

         Third. -The service must be paid by Government.

         (These three conditions are fully explained in the following Sections).

361-A. The Government of Pakistan may, however, in the case of service paid from General Revenues, even though either both of conditions (1) and (2) are not fulfilled.

(1)  declare that any specified kind of serivce rendered in a non-gazetted capacity shall qualify for pension;

(2)  in individual case and subject to such conditions as it may think fit to impose in each case, allow service rendered by an officer to count for pension.

     Subject to such conditions as it may think fit to impose, the Government of Pakistan may delegate its powers under this Article to Provincial Governments, Minor Local Governments and Heads of Departments.

Note. -(a) Provincial Governments exercise the powers of the Government of Pakistan under clauses (1) and (2) of this Article in respect to officer serving under them if the pension does not exceed fifty rupees a month. In individual cases where the pension exceeds fifty rupees a month, they may allow half the actual non-qualifiying service paid from General Revenues to count for pension subject to a maximum of twelve months in all.

        (b) Minor Local Governments exercise the powers of the Government of Pakistan under clause (2) of this Article in respect of officers serving under them if the pension does not exceed ten rupees a month. ]                           

SECTION II. -FIRST CONDITION

362. The service of an officer does not qualify unless he is appointed and his duties and pay are regulated by the Government, or under conditions determined by the Government. The following are examples of officers excluded from pension by this Article: –

         (1)  An Officer of the Navy paid by fees fixed by the Board of Trade;

         (2)  Officers of a Municipality;

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*Substituted vide Notification No. 1(15)-Reg(6)/72, dated 31-1-1973.
Omitted by F. D. Notification No. I (15)-Reg (6)/72 dated 31-1-1973.
**Substituted for “the service.. of an other “by M. F. Notification No. F. II(5)-R I(I)/59 dated the 9-12-1959.                                                                        

         (3) Officers of Grant-in-aid Schools and Institutions;

         (4) Subordinates appointed by Treasurers on their own responsibilty. e. g., Potdars (money-testors) in East Bengal.

363. 364.
Cancelled

Service paid from Contract Allowances

365.     Service on an establishment paid from a Contract Establishment Allowance, with the detailed distribution of which the Government does not interfere, does not qualify, whether such contract allowance is a fixed amount or consists of fees.

2, Cancelled.

     Note. -[The maximum Establishment Allowance for Registration offices in East Bengal is not a contract allowance within the meaning of this Article].

366.    Service on an establishment paid from the Household Allowance of President or a Governor, does not qualify. Service under an employer other than Government

367.    In the following cases service under an employer to whose position Government has succeeded qualities: –

         (a) Cancelled,

         (b) Service in the establishment employed in the Khelat territory for the assessment and collection of water-rate on lands watered by the Sind Canal which was paid in part by the Khan of Khelat prior to the levy of a local cess to meet the charge

SECTION III. -SECOND CONDITION
General Principles

*368. Except authorwise provided in these Regulations services does not qualify unless the officer holds a substantive office on a permanent establishment.

369. An establishment, the duties of which are not continuous, but are limited to certain fixed periods in each year, is on a temporary establishment. Service in such an establishment, including the period during which the establish-ment is not employed, qualifies, but the concession of counting as service the period during which the establishment is not employed does not apply to an officer who was not on actual duty when the establishment was discharged, after completion of its work, or to an officer who was not on actual duty on the first day on which the establishment was again re-employed.

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*Substiuted for ”Service” by Notification No. F. 11(5)-RI/(1)59, dated the 9-12-1951.

370. An officer transferred from a temporary to a permanent appointment can count his service in the temporary office, if, though at first created experimentally or temporarily, it eventually becomes permanent.

371. An officer without a substantive appointment officiating in an office which is vacant, or the permanent incumbent of which does not draw any part of the pay or count service, may, if he is confirmed without interruption in his service count his officiating service.

     ” Government Orders See Serial No. 6 of Chapter II in Section VI.

*371-A, Notwithstanding anything contained in Articles *[355(b)] **[361, ] 368, and 371 of these Regulations, temporary and officiating service, in the case of Government servants who retired on or after the 1st January, 1949, or who joined service thereafter, shall count for pension according to the following rule: —

          (i) Government servants borne on temporary establishments who have rendered more than 5 years continuous temporary service shall count such service for the purpose of pension or gratuity excluding broken periods of temporary service, if any. rendered previously, and

          (ii) temporary and officiating service followed by confirmation which does not qualify for pension under the rules in this section shall also count for pension or gratuity subject to the exclusion of the broken periods of temporary or officiating service, if any

     Note. -The pension of Government servants who have already retired after the 1st January 1949, shall be revised under this Article but the increased pension shall have effect from the 17th, August, 1952 or from the date as determined under Article 930, whichever is later.

     ‘* Government Orders See serial No. 2, 8 and 10, Chapter II and S. No. 1, 1 0 of Chapter III in Section VI. “

Apprentices and Probationers

“372. Service as an apprentice shall qualify for pension subject to the following limits: —

     Engineer or Examiner Apprentice,)
Assistant Superintendent Apprentices in the  Pakistan Telegraph )      Full,
and Telephone: Department.)
All other Apprentices.                                                                     One-half. “

373.    The service of a probationers who holds a substantive office and draws substantive pay qualities. So does that of an officer who is on probation for a substantive office, if he is employed in a vacancy reserved for him pending probation, and in which no other officer simultaneously counts service.

374.     Police probationers and temporary and officiating Assistant Superin-tendents of Police in all Provinces count their service as follows: –

        *(1) If recruited in England from the date from which they draw pay.

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£[ ] Inserted vide Notification. No. 1127-R. 6/68 dt. 9-5-1968.
‘Added by Notification No. F. 11(4)-RI/52, dated the 23rd January, 1953.
**[ ] Inserted vide M. F. Notification No. F. 11(5)-RI(l)/57, dated the 9-l2-1959
submitted by M. F. Notification No. F,. 3(1)-RS II/69 dated 13th, August 1960,
Applies to officers under the rule making control of the Secretary of State.

(2) If recruited in India under the orders in late Secretary of State’s despatch No. 14 dated the 15th March 1894 from the date of assuming charge of their appointments.

375. Not Printed.

Permanent Officer deputed

376.    An officer on a permanent establishment detached on temporary duty on the understanding that, when the temporary duty ceases, he will return to the permanent establishment, counts his detached service.

377.    The preceding Article permits the temporary suspension of the second condition of qualifying service which forms the subject of this connection; it does not authorise any relaxation of the first condition (Section II), or the third conditions (Section IV) and in particular, must not be understood to countenance any modification of the rules in Part VII, which apply to an officer on Foreign Service.

378.    Service as Private Secretary to the President or a Governor, qualifies, provided that the officer belonged, before his appointment as Private Secretary, to the Civil Service of Government, whether the Civil Service Pakistan or not,

Substantive Office abolished

379.     If the substantive office of the officer is abolished within the meaning of Article 426, but the officer is, at the time, on special duty or is, on abolition of his office, deputed on special duty, his service on special duty qualifies, but the duty must be special; mere employment, in continuation of permanent employment, in a temporary appointment which happens at the time to be vacant, does not qualify.

   £1. The service of an officer of the Navy continues to qualify when, upon the abolition of his appointment, he is retained on subsistence allowance or in an acting appointment.

Piece-work

380. A Press servant, who is paid for piece-work, is treated as having held a substantive office, if

         (i) he is employed, not casually, but as a member of a fixed establishment; and

         (ii) during the last seventy-two months of his actual employment he has been attached to one office uninterruptedly for twenty-four months or it has been through his own choice or misconduct that he has not been so attached.

Surveys and Settlements

381. -Not Printed,

382.    Not Printed.

Exception

383.    A Medical Officer in charge of a Government vessel may count his service afloat, if he is transferred, without interruption of his service, to the Civil Medical Service.

384.     Cancelled.

SECTION IV. -THIRD CONDITION
Sources of Remuneration

385. Service which satisfies the conditions prescribed in Section If and III qualifies, or does not qualify, according to the source from which it is paid; with reference to this Article, service is classified as follows: –

         (a)  Paid front the General Revenues.

         (b)  Paid from Local Funds.

         (c)  Paid from Funds in respect to which the Government holds the position of Trustee.

         (d)  Paid by Fees levied by law, or under the authority of the Government, or by Commission.

         (e)  Paid by the Grant, in accordance with law or custom, of a tenure in land, or of any source of income, or right to collect money.

General Revenues

386. Service paid from the General Revenues qualifies. The fact that arrangements are made for the recovery on the part of the Government, of the whole or part of the cost of an establishment or officer, does not affect the operation of this principle: Provided that the establishment or officer is appointed, controlled, and paid by the Government.

     Note.  [In making arrangements for the recovery of cost of establishments, it should not be forgotten that Government has to bear not only the immediate cost, but also that of leave allowances and pensions. (See Article 783. )]

   Example-: Whee Police officers are entertained at the cost of individuals and corporate bodies, an additional charge of one-four of the pay of officers whose pay is not less than Rs. 100 a month and of three-sixteenth of the pay of others must be defrayed by the persons for whose benefit the officers are employed: Provided always that the additional charge shall not be made when such officers do not belong to the regular Police, but are only temporarily engaged, their service not counting for pension; or when the pay of the officers is a charge upon the General Revenues.  [See Article 495 (b). ]

387 to 389.Cancelled.

Local Funds and Trust Funds

390.    Service paid from a Local Fund qualifies, or does not qualify according to the rules laid down in Chapter XLII.

391.     Service paid from Funds which Government hold only as a Trustee such as under a Court of Wards or in an Attached Estate, does not qualify.

Fees and Commission

392.     Except when fees or commission are drawn in addition to pay from the General Revenues, service in an office paid only by fees, whether levied by law or under the authority of Government, or by a commission, does not qualify

Service as Official Assignee does not qualify.

Tenures in Lands, etc.

393.    Service paid by the grant, in accordance with law or custom, of a tenure inland, or of any other source of income, or right to collect money, does not qualify.

394.    Cancelled.

SECTION V. DISTINCTION BETWEEN SUPERIOR AND CLASS IV
SERVICE

*395 to 402. Omitted.

___________________________________________________
*Omitted by M, F. Notification No. 203-RS-II/69, dated 21-4-1969.

RULES FOR RECKONING SERVICE

SECTION I. -SPECIAL ADDITIONS

Special Appointments

403.     Cancelled.

404.     Cancelled.

404-A. Not Printed.

405.     Cancelled.

406.     Cancelled.

SECTION II. -PERIODS OF LEAVE
Superior Service

*407. All periods of leave, other than extraordinary leave, count as service qualifying for pension.

£408. Omitted.
£409. Omitted.
£410. Omitted.

411. The Government of Pakistan may at its discretion decide in the case of an officer (including a person in training for, but not actually appointed to, Government service) who is selected to undergo a course of training, whether the time spent in training shall count as service qualifying for pension. A Local Government exercises similar powers in respect of officers serving under it.

     Note. 1-[The Government of Pakistan and Local Governments may delegate their power under this Article to Heads of Departments as regards officers serving under them. ]

     Note. 2. -[The Government of Pakistan or a Local Government may issue general orders under this Article in regard to any specified class of officers under training. ]

Deputation out of Pakistan

412.     When an officer is deputed out of Pakistan on duty, the whole period of his absence from Pakistan counts. When an officer on leave out of Pakistan is employed, or is detained after the termination of his leave on duty, the period of such employment or detention counts.

Recall to Duty

413.    Time spent on the voyage to India up to 14th August 1947 and to Pakistan thereafter by an officer who is recalled to duty before the expiry of any recognised leave out of India/Pakistan counts, provided his return to duty is compulsory.

414.     Omitted.

415.     Cancelled.

____________________________________________________
As substituted by M. F. Notification No. D. 203-RS-II/69, dated the 21-4-1969.
Omitted vide Notification No. F. 2(3)-Reg 10/64, dated 6-3-1964.
Omitted by M. F. Notification No. D, 203-Rs. II/69, dated 2-4-1969.

SECTION III-SUSPENSIONS RESIGNATION. BREAKS, AND
DEFICIENCIES IN SERVICES

Periods of Suspension

416. Time passed under suspension pending enquiry into conduct counts, if the suspension is immediately followed by reinstatement.

*” 417. Time passed under suspension followed by reinstatement shall count for pension irrespective of whether the Government servant was or was not allowed full pay and allowances for that period. “;

** 417A.  If an officer, who has been suspended pending inquiry into his conduct, attains the age of superannuation before completion of the inquiry, the disciplinary proceedings against him shall abate and such officer shall retire with full pensionery benefits and the period of suspension shall be treated as period spent on duty.

Resignations and Dismissals

418.     (a) Resignation of the public service, or dismissal or removal from it for misconduct, insolvency, inefficiency not due to age, or failure to pass a prescribed examination entails forfeiture of past service.

       (b) Resignation of an appointment to take up another appointment, service in which counts, is not a resignation of the public service-

419.     Any authority who. on revision or appeal, reverse:; an order dismissing or removing an officer, may declare that the officer’s past service counts.

Interruptions

420.     An interruption in the service of an officer entails forfeiture of his pas’ 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 office of the absentee is not substantively filled; if his office is substantiveiy filled, the past service of the absentee is forfeited.

   **(c) Suspension where it is immediately followed by re-instatement, whether to the same or a different office, or where the officer dies or is permitted to retire or is retired while under suspension.

     (d)  Abolition of office or loss of appointment owing to reduction of establishment.

     (e)  Transfer to non-qualifying service in an establishment under Government control. The transfer must be made by competent authority; an officer who voluntarily resigns qualifying service cannot claim the benefit of this exception, Transfer to a grant-in-aid school entails forfeiture.

__________________________________________
Omitied vide Notification No. F. 3(2) RS/65, dated the 4th January, 1966.
*Substitued vide Notification No F. 6(40-Reg (6)/81, dated 17-2-1983.
**Inserted vide Notification No. F 12(8) Reg (6)/77 dated 10-11-1980.
“Substituted vide Notification No, F 2(7)-Reg (6)/72, dated 13-7-1972.

     (f)  Transfer to service on the household establishment of the President.

     (g)  Time occupied in transit from one appointment to another provided that the officer is transferred under the orders of competent authority, or, if the is a non-gazetted officer, with the consent of the head of his old office.

     (h) ” Due to any other reason, provided the interruption is not due to any fault, or wilful act of a Government servant, such as, unauthorised absence, resignation or removal from service. “;

421. The authority who sanctions, the pension may commute retrospectively periods of absence without leave into leave without allowances.

Condonation of Interruptions and Deficiencies

422. Upon such conditions as it may think fit in each case to impose the authority competent to fill the appointment held by an officer at the time condonation is applied for, were he to vacate that appointment, may condone all interruptions in his service.

     Note. -The powers under this Article shall be exercised subject to any Rules which the Government of Pakistan any deem fit to prescribe **[but shall not be so exercised as to condone breaks in temporary and officiating service specially excluded from the category of qualifying, service under Article 371-A. ]

**** 423. (I) A deficiency of a period not exceeding six months in the qualifying service of an officer shall be deemed to have been condoned automatically.

       (2) The authority competent to sanction pension may condone a deficiency of more than six months but less than a year subject to the following conditions, namely: –

          (a)  The officer has died while in service, or has retired under circumstances beyond his control such as or invalidation or the abolition of his post, and would have completed another year of service if he had not died or retired.

          (b)  The service rendered by him had been meritorious.

        ” Government Orders. See serial No. 38, Chapter II in Section VI “.

423-A. Cancelled.

__________________________________________________________
“lnserted vide Notification No. F. 6(4)-Reg (6)/81, dated the 17th February. 1983.
**[ ] Added vide M. F Notification of. F. 4(9)-RI(I)/57, dated. the 1-5-1958.
**Substituted by M. F. Notification of. F. 4(4)-Rs(68) dated the 30-1-1971

CONDITIONS OF GRANT OF PENSION

SECTION I. -CLASSIFICATION OF PENSIONS

424.    Pensions [*   *    *   *] are divided into four classes, the rules for which arc prescribed in the following Sections of this Chapter: –

     (a) Compensation pensions (see Section II).

     (b)  Invalid pensions (see Section III).

     (c)  Superannuation pensions (see Section IV).

     (d)  Retiring pensions (see Section V).

425.    Omitted.

SECTION II. – COMPENSATION PENSION

426.    if an officer is selected for discharge owing to the abolition of a permanent post, he shall, unless he is appointed to another post the conditions of which are deemed by authority competent to discharge him to be at least equal to those of his own, have the option–

         (a) of taking any compensation pension or gratuity to which he may be entitled for the service he has already rendered, or

       *(b) of accepting another appointment or transfer to another establishment even on a lower pay, if offered, and continuing to count his previous service for pension.

     **(c) of accepting another appointment on such pay as may be offered and continuing to count his previous service for pension.

427.     Cancelled. [With effect from 9th June 1937. ].

Selection for Discharge

428.    The selection of the officers to be discharged upon the reduction of an establishment should prima facie be so made that the least charge for Compensation pension will be incurred.

429.    The discharge of one officer to make room for another better qualified is not the abolition of an appointment within the meaning of Article 426; the abolition must produce a real saving to Government. Particulars of the saving effected should be fully set or then every application for Compensation pension. The saving should always exceed the cost of the pension; other wise it may perhaps he better to postpone the reduction of establishment or abolition of appointment. (see orders printed as Appendix 8)

________________________________________
*This applies to officers under the rule-making control of the Central Government and takes effect from 9th June, 1937
**This applies to officers under the rule-making control of the late Sedretary of State and takes effect from the 9th June 1937.

   Note. –[The relaxation of the condition laid down in this article require the sanction of the Provincial Government in respect of appointments it is competent to abolish, and otherwise of the Govt. of Pakistan

430.     A Deputy Collector, Munsiff. or similar officer who belongs to the public service apart from his particular local appointments cannot obtain a compensation pension on the abolition of a particular appointment.

431.     No pension is admissible to an officer or the loss of an appointment on discharge after the completion of a specified term of service.

432.     No pension may be awarded for the loss of a duty or local allowance.

433.     School masters or other officers who, in addition to their other duties, are employed in any capacity in the Postal Department, are not entitled to Compensation pension on being relieved of such duties.

Special Cases

434. If it is necessary to discharge an officer in consequence of a change in the nature of the duties of his office, the case should be referred to the Local Government, who will deal with it in accordance with the rules laid down in this Section as to notice of discharge and compensation pension or gratuity.

435.     If of two appointments held by one officer only one is abolished and it is desired to give him an immediate pension in respect, of the abolished post, the case should be specially referred for the orders of the Government of Pakistan or of the Provincial Government competent to abolish the appointment.

Notice of Discharge

436.     Reasonable notice should be given to an officer in permanent employ before his services are dispensed with on the abolition of his office. If, in any case, notice of at least three months is not given, and the officer has not been provided with other employment on the date on which his services are dispensed with, then, with the sanction of the authority competent to dispense with the officer’s services, a gratuity not exceeding his emoluments for the period by which the notice actually given to him falls short of three months, may be paid to him, in addition to the pension to which he may be entitled under * these regulations; but the pension shall not be payable for the period in respect of which he receives a gratuity in lieu of notice.

     1.    The gratuity prescribed in this Article is not granted as compensation for loss of employment but only in lieu of notice of discharge, with view to mitigate the hardship caused to an officer by the sudden loss of employment. When, therefore, an officer discharged without notice is provided with same other employment on the date on which his services are dispensed with, whether that re-employment be in qualifying or non-qualifying service, he is not entitled to any gratuity.

     2.    Unless it contains an express statement to the contrary, an order for the abolition of an office or appointment shall not be brought into operation till the expiry of three months after notice has been given to the officers whose services are to be dispensed with on such abolition.

______________________________________________________
*Substituted by M. F. Notification No. D. 203-RS II/69, dated 21-4-1969.

The immediate heads of the office or the department will be held responsible that there is no un-necessary delay in giving such notice. In the case of an officer on leave the order shall not be brought into operation until the leave expires.

     Note.. Emoluments in this rule means the emoluments or leave allowances (or partly the one, partly the other) which the officer would be receiving during the period in question had the notice not been given to him. ]

436-A. Whenever it is found necessary to determine the service of an officer serving under a contract within the period of his agreement, a specific intimation of the determination of the agreement and of the grounds on which it has been determined shall be furnished to the officer in writing.

Offer of Re-employment

437.     Cancelled. (With effect from the 9th June 1937).

438.    The rule in Articles 511 and 512, requiring the refund of a Compensation gratuity on re-employment, applies to a gratuity awarded under Article 436, if the officer is permanently re-employed within three months from the date of notice. But the officer need not refund that proportion of his gratuity under this rule which the interval of his non-employment bears to the whole period for which the gratuity is given. If the officer is re-employed only temporarily, he need refund no part of his gratuity; but if such temporary employment is foreseen, the gratuity should be proportionately reduced.

439.     Cancelled. (With effect from the 9th Juno 1937].

Acceptance of new Appointment

440.    If an officer who is entitled to Compensation pension accepts instead another appointment in the public service, and subsequently becomes again entitled to receive a pension of any class, the amount of such pension shall not be less than he could have claimed if he had not accepted the appointment.

SECTION III. INVALID PENSION

441.    An Invalid pension is awarded, on his retirement from the public service, to an officer who by bodily or mental infirmity is permanently incapacitated for the public service, or for the particular branch of it to which ho belongs.

Rules regarding Medical Certificates

442.    If an officer applying for an Invalid pension is sixty years old or upwards, no certificate by a Medical Officer is necessary; it suffices for the head of the office to certify to the incapacity of the applicant. Otherwise incapacity for service must be established by a medical certificate attested as follows: –

(a)  If the officer submitting it is on leave in England by the Medical Board at the Office of the Ambassador for Pakistan in the United Kingdom.

(b)  If he is serving at or near the capital town of a Provinceby the Administrative Medical Officer of the Province, or by a Medical Committee over which the Administrative Medical Officer should, when practicable, preside.

(c)  If he is an officer in Superior service, and is serving in the interior of the country under such circumstances that, in the opinion of the authority which sanctions the pension, he can be conveniently required to appear before a Medical Invaliding Committee by such Committee.

(d) In other cases the authority which sanctions the pension may either accept a certificate given by a single Commissioned Medical Officer or Medical Officer-in-Charge of a civil station, or assemble a special Invaliding Committee at a convenient civil station.

(e) If the pension applied for exceeds Rs. 100 a month, a certificate by a single Medical Officer should not be accepted us sufficient, if it is possible, without undue inconvenience, to assemble an Invaliding Committee or to cause the applicant to appear before the Director-General of Health.

(f)  Except in the case of an officer on leave in England, no medical certificate of incapacity for service may be granted unless the applicant produces a latter to show that the head of his office or department is aware of his intention to appear before the Medical Officer. The Medical Officer shall also be supplied by the head of the office or department in which the applicant is employed, with a statement of what appears from official records to be the applicant’s age. Where the applicant has a service look, the age there recorded should be reported.

(g)  In the case of civilians in the various administrative services and departments of the Pakistan Army including the Military Accounts Department who, under an agreement, are liable for field service, incapacity for service must be established by a Military Medical Board the members of which will attest the medical certificate.

“Government Orders

            See serial No. 11, Chapter III in Section VI. “

443.     (a) A succinct statement of the medical case, and of the treatment adopted, should, if possible, be appended.

            (b)  If the Examining Medical Officer, although unable to discover any specific disease in the officer, considers him incapacitated for further service by general debility while still under the age of fifty-five years, he should give detailed reasons for his opinion, and, if possible, a second medical opinion should always in such a case be obtained.

            (c)  In a case of this kind, special explanation will be expected from the head of the office or department of the grounds on which it is proposed to invalid the officer.

444.    A simple certificate that inefficiency is due to old age or natural decay from advancing years, is not sufficient in the case of an officer whose recorded age is less than fifty-five years, but a Medical Officer is at liberty, when certifying that the officer is incapacitated for further service by general debility to state his reasons for believing the age to be understated.

Form of Medical Certificate in England

445.     The form of the medical certificate given by the Medical Board, respecting an officer applying for pension in England is as follows: –

    “We have carefully examined Mr.

    Taking into account all the facts of the case as well as his present condition, we consider that he is, incapable of discharging the duties of his situation, and that such incapability is likely to be permanent. We. therefore, recommend that he be permitted to retire from the service of Government on the pension or gratuity for which he may be eligible, “

446.    if any doubt arises regarding the validity of a certificate by the Medical Board, the Audit Officer must not of his own motion reject the certificate as invalid, but must submit the matter for the decision of the Loral Government.

    Note. -[The local government may delegate its power under this article to Head of the Departments. ]

Form of Medical Certificate in Pakistan

447.    (a) The form of the certificate to be given respecting an officer applying for pension in Pakistan is as follows: –
” Certified that I (we) have carefully examined A. B, son of C, D, a———–in the ————— His age is by his own statement’—————years, and by appearance about————-years.
I (we) consider A, B, to be completed and permanently incapacitated for further service of any kind [or in the Department to which he belongs] in consequence of (here state disease or cause). His incapacity does not appear to me (us) to have been caused by irregular or intemperate habits. “

    Note. – If the incapacity is obviously the result of intemperance, substitute for the last sentence: “In my (our) opinion his incapacity is the result of irregular or intemperate habits’.

          (I)  the incapacity does not appear to be complete and permanent, the certificate should be modified accordingly and the following addition should be made: ) I am (we are) of opinion that A, B, is fit for further service of a less laborious character than that which he has been doing for may, after resting for—— ———-months, be fit for further service of a less laborious character than that which he has been doing. ]

(b) The object of “the alternative certificate (of partial incapacity) is that an officer should, if possible, be employed even on lower pay, so that the expense of pensioning him may be avoided. If there be no means of employing him even on lower pay, then he may be admitted to pension; but it should be considered whether, in view of his capacity for partially earnning a living, it is necessary to grant to him the full pension admissible under rule. [The principle of Article 427 must always be carefully borne in mind. ]

447-A. (a) In the case of civilians in the various administrative services and departments of the Pakistan Army including the Military Accounts Department who, under an agreement, are liable for field service, and whose continuous and pensionable service is not more than 20 years, the medical certificate will take the following form if the officer is incapacitated from permanent physical unfitness to fulfil his field service obligations but is not completely incapacitated for ordinary service: –

Certified that I (we) have carefully examined A, B, son of C, D. a——————–in the———– –his age is by his own statement———-years and by appearance about————————————-years.————-

I (we) consider A, B, to be incapacitated for further service in the———————in consequence of (here state disease, etc. ) which renders him permanently unfit physically for field service. 1 am (we are) of opinion that A, B is fit for further service in any department or service of Government in which liability, for field service is not a condition of employment. His incapacity does not appear to me (us) to have been caused by irregular or intemperate habits,

     Note. -[If the incapacity is obviously the result of intemperance, the following will be substituted for the last sentence “In my (our) opinion his incapacity is the result of irregular or intemperate habits. ]

       (b) The above certificate does not give an officer any right of transfer to any other Government service or department; and an officer invalided on a certificate in this form will receive cither full pension admissible under rule or such smaller amount as may be decided by the authority empowered to sanction the pension.

Signallers in the Telegraph Department

448.    (a) In the case of Signallers in the Pakistan Telegraph Department the medical certificate prescribed by Article 447 may, if it is found after medical examination that it cannot be granted with in special cases when inefficiency is not the result of misconduct, and instead of it two certificates-

         (i) one in Form A signed by two superior officers of the Telegraph Department; and

        (ii) the other in Form B signed by the Director-General of Telegraphs may be substituted.

     Form A. -” We certify that, after a perusal of the records of A B’s service and of the report of his immediate superior during the last twelve months of his service, we are satisfied that he is permanently incapacitated for the duties of a Signaller in the Telegraph Department. “

     Form B. -” After a careful consideration of A B’s case, I concur with Messrs. C and D in thinking that he is permanently incapacitated for the duties of a Signaller in the Telegraph Department and accordingly recommend that he may be permitted to retire on the pension or gratuity for which he may be found eligible. “

(b)  The practice enjoined in Article 447 (b) of re-employing pensioners should be carefully followed as far as practicable in these cases.

(c)   Officers permitted to retire under this Article may be granted a pension or gratuity of only four-fifths of the amount that would be admissible for a man permanently unfit for any duty.

Note. [This Articles applies only to men who are “Signallers ” including in that term Tele graph Masters who are members of the signalling staff, when they retire. ]

Special precautions in the Police

449.    District Superintendents of Police should be on their guard against endeavours to retire on Invalid pension by officers who are capable of serving longer.

450.    Medical Officers should confine themselves to recommending leave to such policemen as arc not likely to benefit by a further stay in hospital and should not certify that a policeman is incapacitated for further service unless they are officially requested to report upon his incapacity for further service.

151. Medical Officers should be specially searching in their examination of the physical unfitness of every applicant for pension, and, whenever the number of applicants for pensions is large the examination should, if possible, be conducted by two Medical Officers.

Restrictions

452.    An officer discharged on other grounds has no claim under Article 441, even although he can produce medical evidence of incapacity for service.

453.    Cancelled.

454.    If the incapacity is directly due to irregular or intemperate habits, no pension can be granted. If it has not been directly caused by such habits, but has been accelerated or aggravated by them, it will be for the authority by which the pension is grantable to decide what reduction should be made on this account.

Applicant to be discharged

*455. An officer who has submitted under Article 442 a Medical Certificate of incapacity for further service, may not (except for special reasons to be recorded in writing by the authority which has power to sanction the pension) be retained in active service pending a decision on his application for pension, nor can he obtain leave of absence.

     The authority which has the power to sanction the pension may allow the service intervening between the date of such Medical Certificate and the date on which the discharge is actually affected, to count for pension up to a maximum of one month.

” Government Orders “

     See serial No. 17                     ” Chapter in Section VI. “

456.    The object of Article 445 is to discourage tentative applications: but ** (an employees in Grade 1-2 (including in that term a Police officer whose pay does not included exceed Rs. 20) who, in the opinion of the head of his office, is fit for light work may be retained in employment till his pension is sanctioned, provided that his place is not filled up till he retires, and that his service counts only [for the actual period of service rendered after the date of his medical certificate net exceeding one month].

457.    Article 455 refers only to the retention in active service of an officer who has furnished a medical certificate in support of an application for Invalid pension or gratuity while in Pakistan. The retirement of an officer who is absent on leave other than Privilege leave, when such certificate is submitted, may have effect from the terminator of his leave, and the officer may continue to draw leave allowance to the end of his leave.

____________________________________________
*Substituted vide M. F. Notification No. (51)-F, 10 (10)-RI/54, dated the 24th March, 195)
**Substituted for the words “a class IV servant”, as per Estab. Div. Notification No. S. R. O, 1530 (I)/73, Dated 3rd November, 1973.
Substituted for “to the date of his medical Certificate” by M. F. Notification No. (51)-F, 10 (10)-RI/54, dated. the 24-3-1955.

 SECTION IV-SUPERANNUATION PENSION

*458. A Superannuation pension is granted to an officer entitled or compelled, by rule, to retire at a particular age.

459.       Not printed.

459-      A. Not printed.

460.       Not printed,

461 and 462.
Cancelled.

Procedure

463.    With a view to the issue of necessary orders as to retention or otherwise of officers to whom Article 459 (b) applies (i. e., officers other than ministerial), the Audit Officer should on or about the 1st of September in each year submit to the authorities concerned a list of those who will attain the age of 55, or complete the term for which extension has been allowed, during the next official year. The Audit Officer should similarly submit to the authorities concerned on or about the 1st of September in each year a list of ministerial officers who will attain the age of 60 during the next official year, should the Local Government or the Head of a (Federal) Department so direct.

Optional Retirement at Fifty-five

464.    An officer in Superior service who has attained the age of 55 years may, at his option, retire on a Superannuation pension.

SECTION V. -RETIRING PENSION

465.    (1) Not printed.

        **(2) A retiring pension is also granted to an officer who is required by Government under paragraph (a) of clause (4) of Article 178 of the Constitution to retire after completing twenty-five years* qualifying service or more. This clause does not apply to an officer who has attained the age of fifty-five years.

465-A. For officers [appointed substantively to the services or appointments] mentioned in Article 349-A the rule for the grant of retiring pension is as follows: –

         (1) Not printed.

        *(2) A retiring pension is also grant to an officer who is required by Government under paragraph (a) of clause (4) of Article 178 of the Constitution to retire after completing twenty-five years’ qualifying service or more. This clause does not apply to a Judge of the Supreme Court or of a High Court or the Comptroller and Auditor General of Pakistan or an officer who has attained the age of fifty-five years.

  Government Orders

  Serial No. 12 to 16 Chapter III in Section VI.

   Note 1. Omitted.

___________________________________________
Please see also para 117 of G. F. R (vol I)
*Substituted vide Notification No. F. 3(l)-RS/66, dated 1-3-1966.
*** Inserted vide M. F. Notification No F. 14 (6)R 1 (l)/57, dated 9-7-1958.

465-AA. For officers referred to in Article 349 AA the rule for the grant of retiring pension is as follows; –

   
  (I) Not printed

   *(2) A retiring pension is also granted to an officer who is required by Government under paragraph (a) of clause (4) of Article 178 of the Constitution to retire after completing twenty-five years’ qualifying service or more. This clause does not apply to a Judge of the Supreme Court or of a High Court or the Comptroller and Auditor General of Pakistan or an officer who has attained the age of fifty-five years.

     Note 1. Omitted.

465-B. For officers referred to in Article 349 AAA, the rule for the grant of retiring pension is as follows: –

       (1)  A retiring pension is granted to an officer who exercises his right to retire from service any time after completing twenty-five years ‘ qualifying service.

       (2)  A retiring pension is also granted to an officer who is required by Government to retire after completing twenty-five years* qualifying service. This clause does not apply to a Judge of the Supreme Court or of a High Court or the Comptroller and Auditor General of Pakistan or an officer who has attained the age of fifty-five years.

     Note 1, -Subject to the provisions of the Essential Services (Maintenance) Act, 1952 (L III of 1952), an officer, other than an officer against whom a departmental proceeding is pending, has the right to retire from service after completing twenty-five years, qualifying service; provided that an officer who intends so to retire shall, at least three months before the date on which he intends to retire, submit a written intimation to the authority competent to fill the appointment held by him at the time of submitting that intimation indicating the date on which he intends to retire. Such an intimation, once submitted, shall be final and shall not be allowed to be modified or withdrawn.

    Note 2. -Government has the right to retire any officer after he has completed twenty-five yean qualifying service.

466.    (See Article 509-A)

Combined Appointments

467.    An officer holding two or more separate appointments may not, save with the express sanction of the Government of Pakistan, Ministry of Finance, or if pensions or a Provincial charge, of the Provincial Government, resign one or more of such appointments on a pension, without retiring from the public service altogether. There is no objection to his being relieved from one or more of such appointments at any time without being compelled to leave the service altogether; but in such case, any pension admissible to him for service in the office or office from which he is relieved, will be deferred until he finally retires.

    Note -[The Government of Pakistan may delegate its power under this Article to Minor Local Government and Heads of Departments. A Provincial Government also may delegate its power to Heads of Departments. ]

______________________________________________________
*Substituted vide Notifi. No. F s (I)-P5/66 dated 1-3-1966.
Omitted vide Notification No. F. 3(l)-RS/66, dated 1-3-1966.
Inserted vide M. F. Notification No. F. 4(4)-RS/68, dated 30-1-1971.

AMOUNT OF PENSIONS

SECTION I. -GENERAL RULES

468.    The amount of pension that may be granted is determined by length of service as set forth in Articles 474 to 485. Fractious of a year are not taken into account in the calculation of any pension admissible to an officer under this part of these Regulations.

468-A. Not printed.

Currency

469.    A pension is fixed in rupees, and not in sterling money, even though it is to be paid in England.

Award of Full Pension

470. (a) The full pension admissible under the rules is not to be given as a matter of course, or unless the service rendered has been really approved (see Appendix 9 ).

       (b) If the service has not been thoroughly satisfactory, the authority sanctioning the pension should make such reduction in the amount as it thinks proper.

    Note 1. -The amount of any pension shall not be reduced under this Article without affording to the person entitled to it, by means of a notice in writing, an opportunity to show cause against the proposed reduction.

    **Note 2. -A Government Servant compulsorily retired under the Government Servants (Efficiency and Discipline) Rules, 1973, shall be entitled to pension or gratuity as admissible under normal rules and the certificate of thoroughly satisfactory service will not the required in his case.

Limitations

471.    An officer entitled to pension may not take a gratuity instead of pension.

    Note. -[See Note 2 under Article 807].

472.    In the case of an officer who has any service under the Imperial (British) Government, pension from Pakistan Revenues should not be fixed until it has been ascertained whether any pension is payable from Imperial funds in respect service under the British Government.

473-deleted.

473A. -deleted.

   Note. -[See Note 2 under Article 805. 1

___________________________________________________
*See G. P. M. F. Notification No. 10 (7) R. 6/72, dated 30-3-1972.
** See G. P. M. F. Notification No. 1 (21)R. 6/70, dated 1-1-1981.

SECTIONS II AND III-AMOUNT OF PENSION

474-474A. Not Printed.

474-B. For officers referred to in Article 349 AAA, the amounts of gratuity and pension are regulated as follows: –

          (a)  After a service of five years or more but less than ten years, a gratuity not exceeding one month’s emoluments for each completed year of service, if however, retirement is due to invalidation, or if a civil servant dies in service, the rate shall be one and a half month’s emoluments for each completed year of service. If the emoluments of an officer have been reduced during the last twelve months or thirty six months of his service, as the case may be, otherwise than as a penalty, average emoluments may, at the discretion of the authority which has the power to sanction gratuity, be substituted for emoluments.

         (b)  After a service often years or more, pension, shall be calculated at the rate of 70 percent of average emoluments on completion of thirty years qualifying service in accordance with the scale shown in the table below;

______________________________________________________________
Completed years of qualifying Service.         Scale of pension expressed as
fractious of average emoluments
______________________________________________________________

    1                                                                         2
______________________________________________________________

  10     ..                           ..                        ..           70/300

  11    ..                            ..                         ..          77/300

  12    ..                          ..                         ..            84/300

  13    ..                          ..                         ..            91/300

  14    ..                           ..                        ..            89/300

  15    ..                         ..                             ..         105/300

  16     ..                      ..                               ..         112/300

  17  ..                                ..                       ..          119/300

  18    ..                          ..                           ..          126/300

  19    ..                         ..                            ..          133/300

  20   ..                      …                             ..            140/300

  21.         ..                ..                          ..               147/333

  22              ..           ..                       ..                   151/300

  23        …              ….               ..               …         151/300

  24          …                                       …                  168/300

  25     ..                  ..                      ..                      175/300

  26    ..                  ..                    ..                         182/300

  27    ..                  ..                  ..                           189/300

  28…                    ..                        ..                      196/300

  29. ..                      ..                    ..                       203/300

  30 ..                      ..                     ..                       210/300
______________________________________________________________

          *(i) ” Provided that, In the case of officers who retired or died during the period commencing on the 1st March, 1972, and ending on the 30th June, 1980, any amount in excess of Rs. 1000 shall be reduced by 50 percent but the financial benefit shall be admissible only with effect from the 1st February, 1977.

________________________________________________________
*Amended vide Notification No. F. 12 (2)Reg. (6)/84. dated  9-2-1983

(ii) Provided further that, in the case of officers who retired or died during the period commencing on the 1st July, 1980, and ending on the 30th June, 1983 any amount in excess of Rs. 2000 shall be reduced by 50 per cent.

(iii) Provided further that, in the case of officers who retired or retire or died or die on or after the 1st July, 1983, any amount in excess of Rs. 2500 shall be reduced by 50 per cent. “; and

If qualifying service is less than thirty years but not less than ten years, proportionate reduction in percentage shall be made.

(c)  If, for a pensioner with qualifying service of thirty years or more, the amount of pension calculated under sub-paragraph (b) falls short of the amount of pension (inclusive of clearness increases) that would have been admissible under the rules existing prior to the 7th January, 1977, or exceeds it by less than Rs. 45, the amount under the liberalised formula shall be so increased as to make such difference one of Rs. 45. If qualifying service is less than thirty years but not less than ten years, proportionate reduction at the rate of Rs. 1. 50 for each year short of thirty years shall be made while working out the amount of minimum increase mentioned above.

(d) If the enhancement of the cut off point to Rs. 2000 results in no increase of less than Rs. 40 in the pension, it shall be so determined that a minimum benefit of Rs. 40 per month is ensured. Similarly, if employees in grade 11-16 and 17-18 get an increase of less than Rs. 70 per month and Rs. 100 per month, respectively, by the enhancement of the out-off point to Rs. 2000, the increase shall be so determined that a minimum benefit of Rs. 70 or Rs. 100 per month, as the case may be, is ensured If the aforesaid increases result in an increase of less than the following amounts, namely,

________________________________________________________________
N. P. S.                                                                                                  Rs. P. M.
________________________________________________________________

1-10..            ..            ..            ..            ..                  ..            ..                40

11-16..             ..             ..             ..             ..             ..           ..               70

17-18..             ..             ..             ..             ..             ..             ..             100

19-20..          ..             ..             ..             ..             ..             ..                150

21-22            ..            ..              ..             ..             ..             ..                200
________________________________________________________________

in Family Pension, Extraordinary Family Pension, Disability Pension and Compassionate Allowance accruing on or after the 1st July, 1980, they shall be so determined that a minimum benefit equal to the above amounts is ensured.

(e)  A pensioner shall be allowed to draw full gross pension, that is, one-fourth of the pension under Pension-cum-Gratuity Scheme, 1954, need not compulsorily be paid in the form of gratuity. But if a pensioner so wishes, he may, at any time before the expiry of one month from the date of his retirement, are for gratuity equal to 25 per cent of his gross pension together with the remaining net amount of pension. The gratuity shall be paid at the rates fixed from time to time.

(f) A pensioner who draws gratuity equal to 25 percent of his gross pension may opt to commute 25 percent of the gross pension. The commuted value shall be calculated at the rates fixed from time to time.

(g)  If a pensioner does not opt to draw gratuity equal to 25 per cent of his gross pension, he shall be allowed to commute up to 50 per cent of the gross pension.

(h) Commutation shall not be subject to medical certification if it is asked for within one year of the date of retirement. In the case of premature retirement on medical grounds, the requirement of medical examination shall not, however, be waived. “;

474 C. Article 474 B does not apply to an officer in pensionable service who is not employed in a substantive and permanent capacity and who is discharged from service owing to the abolition of his post or on replacement by a qualified person. In the case of such officers, the amounts of gratuity and pension are regulated as follows: –

       (a) After a service of 10 years or more but less than 25 years, a gratuity not exceeding one month’s emoluments for each completed year of service subject to a maximum of Rs. 25, 000.

       (b)  After a service of 25 years or more, a pension at the rates and subject to the conditions laid down in Article 474 B (b). “

***” 474D. Family pension shall be allowed at the following rates: –

       (a) In the case of death of a civil servant while in service on or after the 1st July, 1983, gratuity in lieu of one-fourth of the gross pension shall be allowed at the existing rates. In addition, family pension shall be admissible for life or until remarriage of the widow, at 50 per cent of the gross pension.

       (b) In the case of death of a pensioner who retired or retires on or after the 1st July, 1983, family pension shall be admissible for life or until remarriage of the widow, at 50 per cent of the pension (net or gross as the case may be).

(c)  In the case of a widow who, on the 1st July 1983, was entitled to a family pension which was admissible for a period of ten years under the previous rules, the family pension shall be admissible to her for life or until her remarriage. ”

____________________________________________________
*Inserted vide G. P. F. D. Notification No. 10(7)-Reg. (6)-72, dated 30-3-1972.
**Inserted vide M. F. Notification No. F. 1 (21)-Reg (6)/80, dated 1-1-1981.
lnserted vide G. P. F. D. Notification No. F. 4(4)-RS/68, dated 30-1-1971.
***Substituted vide G. P. F. D. Notification No. 12(2)-Reg. (6)/84 dated 9-2-1984

33 SECTION IV. -ALLOWANCES RECKONED FOR PENSION

Emoluments and Average Emoluments

475 -485-Not Printed

” 486. The term ” emoluments ” means the emoluments which the officer was receiving immediately before his retirement and shall include ?

        (a)  Pay as defined in FR 9(21) (a) (i);

        (b)  Senior Post Allowance;

        (c)  Special Pay of all types and nature:

        (d)  Personal Pay;

        (e)  Technical Pay:

        (f) Dearness Allowance;

        (g) Increments accrued during leave preparatory to retirement;

        (h) Any other emoluments which maybe specially classed as Pay.

     Note 1. -The President has been pleased to declare with reference to clause (h) of this Article that the emoluments or pay drawn by an officer who is transferred on foreign service in an autonomous or semi-autonomous body, in a post appointment to which is, by Law required to be made, and the salary of which is required to be fixed, by the Federal Government or a Provincial Government, shall be treated as emoluments or pay drawn in a post in Government service.

     Note 2. -If pension of a Government servant is calculated under the rules existing prior to the 7th January, 1977, Dearness Allowance mentioned at item (0 shall not form part of reckon-able emoluments for pension. “;

487. The term “Average Emoluments ” means the average calculated upon [*] the last three years of service.

     1.    If during the last three years of his service an officer has been absent from duty on leave with allowances, or having been suspended, has been reinstated without forfeiture of service his emoluments, for the purpose of ascertaining the average, should betaken at what they would have been and he not been absent from duty or suspended: Provided always (a) that his pension must not be increased on account of increase in pay not actually drawn and (b) that an officer will not during leave be allowed to count as emoluments the sub. protem. allowances which he would have been entitled to so count under Article 486(h) had he remained on duty, if another officer has been appointed sub. protem. to the same appointment during the period of such leave. But if his absence on Departmental or Recess leave is reckoned as service under Article 409, only the allowances, if any, actually received during such leave should be taken into account.

     1-A. If during the last three years of his service an officer’s pay has been refixed as a result of revision of upgradation of the post held by him with retrospective effect but arrears have not been allowed not rise made in respect of the past period, his emoluments, for the purpose of calculating the average, shall be taken at what they would have been if the arrears had not been disallowed or the recoveries had been made.                                                                                                                

     2.    If during the last three yean of his service, an officer has been absent from duty on leave without allowances (not counting for pension), or in Class IV service, or suspended under such circumstances that the period of suspension does not count as service, the periods so passed should be disregarded in the calculation of the average, an equal period before the three years being included.

____________________________________________________________________
* Pensions is New Calculated on basis 12/36 of of Service, vide F. D. No. F. 6(7)-Reg. 6/78 dated 15-2-1977 and even number, dated, 16-6-1979.

     2-A. In the case of a military officer, departmental officer, warrant or non-commissioned officer or soldier who was in civil employ on 7th June 1937 and was or may be granted a pension under military rules on or after the 30th May 1933 and whose pay has been reduced under Clause; (b) of Article 526, emoluments for the purpose of ascertaining the average shall be taken at what they would have been had the pay not been reduced.

     3.    Excepting as provided in [rules 1, 1-A, 2 and 2-A] only emoluments actually received be included in the calculation. For example, when an officer is allowed to count lime retrospectively towards increase of pay, but does not receive retrospectively the intermediate periodical increments, these intermediate increments are not reckoned in the calculations.

     4.    In the case of Section-writers whose service has been allowed to count for penison under special orders of the Government of Pakistan, and of Press servants whose service qualifies under Article 380, “Average Emoluments” means the average earnings of the last seventy-two months in Superior service.

   Note 1. -[This rule applies in a case of a Press servant remunerated by a fixed rats of pay if his pay is met from the grant for piece-work.

   Note 2.. [Overtime earnings of Press servants paid at piece-work rate may be taken into account in calculating Average Emoluments under this rule, but such earnings must be exclud-ed in reckoning the Average Emoluments of Press employees who draw at fixed rate )

   Note 3. -[If during the last 72 months of service a Press servant has been for some period on fixed pay and for other periods a piece-work employes overtime earnings may be taken into account in calculating pension only for the periods during which he was remunerated at piecework rate]

Government Orders See Serial No. 1-19, Chapter V in Section VI. “

 Allowances which do not count

488.    An officer cannot count the following allowances:

       (1)  Local allowances and deputation (local) allowances;

       (2) Messing allowances, Working allowances, and Provision allowances to office    Department;

Net Emoluments taken

489.    Any part of an officer’s pay or emoluments which is specially intended to provide for expenses incidental to his duty, must be excluded.

 The following are examples of the operation of this Article: –

         (1) When an officer’s pay is intended partly to cover the expense of his providing or keeping a horse, his pay must be taken only at what it would be if it was not intended to cover such, expense. When a water-carrier’s pay includes provision for a bullock, his pay must be taken at what it would be if he were not required to keep a bullock.

______________________________________________________
*Soubstituted vide G. P. F. D. Notification No. F. 5(4)Reg. (61)/81, dated 17-2-1983.
**G. P. F. D. O. M. No. F. 6(9)-Reg (6)/79, dated 15-2-1977.
***Inserted by G. P. F. D. Notification No F. 4(4)-Reg (6)/72, dated 8-12-1972.
*Rule 2-A under Article 487 takes effect from 30th May, 1933.
*Substituted for the words ‘rules 1 and with effect from the 30th May, 1933.

        (2)  When a consolidated pay specially, includes tentage, travelling allowance, or house allowance, these must be deducted.

        (3)  When an officer’s pay is fixed at two rates, a smaller rate during stationary duty and a higher rate during period passed on tour or travelling, the former rate alone should be the basis of the calculation.

490.    When service on temporary duty counts for pension under Article 376, the pay of the permanent appointment held by the officer and not that drawn in respect of the temporary duty, is taken into consideration in determining the amount of pension, unless the officer draws a deputation (duty) allowance under the provisions of Article 76-C or Article 81.

491.    The preceding Article does not apply to an officer deputed temporarily to service in the Income-Tax Department, or to an officer deputed on abolition of his appointment to special duty (Article 397), or to an officer who, when his appointment was abolished, was on special duty. In these cases the full allowances are counted.

Combination of Appointments

492.    If an officer has held more than one appointment, in respect of each of which, if he bad held it separately and alone, pension would have been admissible to him, the pension admissible to him in the sum of the several pensions which would have been admissible to him if he had held each office separately and alone. The consolidated pension thus admissible is subject to the limitations prescribed in Articles 474 to 480 and 481.

493.    An officer is not entitled, for service in an office conjointly with another office, to any pension which would not have been admissible to him if he had held the office separately and alone.

AMOUNT OF PENSIONS

SECTION I. -GENERAL RULES

468.    The amount of pension that may be granted is determined by length of service as set forth in Articles 474 to 485. Fractious of a year are not taken into account in the calculation of any pension admissible to an officer under this part of these Regulations.

468-A. Not printed.

Currency

469.    A pension is fixed in rupees, and not in sterling money, even though it is to be paid in England.

Award of Full Pension

470. (a) The full pension admissible under the rules is not to be given as a matter of course, or unless the service rendered has been really approved (see Appendix 9 ).

       (b) If the service has not been thoroughly satisfactory, the authority sanctioning the pension should make such reduction in the amount as it thinks proper.

    Note 1. -The amount of any pension shall not be reduced under this Article without affording to the person entitled to it, by means of a notice in writing, an opportunity to show cause against the proposed reduction.

    **Note 2. -A Government Servant compulsorily retired under the Government Servants (Efficiency and Discipline) Rules, 1973, shall be entitled to pension or gratuity as admissible under normal rules and the certificate of thoroughly satisfactory service will not the required in his case.

Limitations

471.    An officer entitled to pension may not take a gratuity instead of pension.

    Note. -[See Note 2 under Article 807].

472.    In the case of an officer who has any service under the Imperial (British) Government, pension from Pakistan Revenues should not be fixed until it has been ascertained whether any pension is payable from Imperial funds in respect service under the British Government.

473-deleted.

473A. -deleted.

   Note. -[See Note 2 under Article 805. 1

___________________________________________________
*See G. P. M. F. Notification No. 10 (7) R. 6/72, dated 30-3-1972.
** See G. P. M. F. Notification No. 1 (21)R. 6/70, dated 1-1-1981.

SECTIONS II AND III-AMOUNT OF PENSION

474-474A. Not Printed.

474-B. For officers referred to in Article 349 AAA, the amounts of gratuity and pension are regulated as follows: –

          (a)  After a service of five years or more but less than ten years, a gratuity not exceeding one month’s emoluments for each completed year of service, if however, retirement is due to invalidation, or if a civil servant dies in service, the rate shall be one and a half month’s emoluments for each completed year of service. If the emoluments of an officer have been reduced during the last twelve months or thirty six months of his service, as the case may be, otherwise than as a penalty, average emoluments may, at the discretion of the authority which has the power to sanction gratuity, be substituted for emoluments.

         (b)  After a service often years or more, pension, shall be calculated at the rate of 70 percent of average emoluments on completion of thirty years qualifying service in accordance with the scale shown in the table below;

______________________________________________________________
Completed years of qualifying Service.         Scale of pension expressed as
fractious of average emoluments
______________________________________________________________

    1                                                                         2
______________________________________________________________

  10     ..                           ..                        ..           70/300

  11    ..                            ..                         ..          77/300

  12    ..                          ..                         ..            84/300

  13    ..                          ..                         ..            91/300

  14    ..                           ..                        ..            89/300

  15    ..                         ..                             ..         105/300

  16     ..                      ..                               ..         112/300

  17  ..                                ..                       ..          119/300

  18    ..                          ..                           ..          126/300

  19    ..                         ..                            ..          133/300

  20   ..                      …                             ..            140/300

  21.         ..                ..                          ..               147/333

  22              ..           ..                       ..                   151/300

  23        …              ….               ..               …         151/300

  24          …                                       …                  168/300

  25     ..                  ..                      ..                      175/300

  26    ..                  ..                    ..                         182/300

  27    ..                  ..                  ..                           189/300

  28…                    ..                        ..                      196/300

  29. ..                      ..                    ..                       203/300

  30 ..                      ..                     ..                       210/300
______________________________________________________________

          *(i) ” Provided that, In the case of officers who retired or died during the period commencing on the 1st March, 1972, and ending on the 30th June, 1980, any amount in excess of Rs. 1000 shall be reduced by 50 percent but the financial benefit shall be admissible only with effect from the 1st February, 1977.

________________________________________________________
*Amended vide Notification No. F. 12 (2)Reg. (6)/84. dated  9-2-1983

(ii) Provided further that, in the case of officers who retired or died during the period commencing on the 1st July, 1980, and ending on the 30th June, 1983 any amount in excess of Rs. 2000 shall be reduced by 50 per cent.

(iii) Provided further that, in the case of officers who retired or retire or died or die on or after the 1st July, 1983, any amount in excess of Rs. 2500 shall be reduced by 50 per cent. “; and

If qualifying service is less than thirty years but not less than ten years, proportionate reduction in percentage shall be made.

(c)  If, for a pensioner with qualifying service of thirty years or more, the amount of pension calculated under sub-paragraph (b) falls short of the amount of pension (inclusive of clearness increases) that would have been admissible under the rules existing prior to the 7th January, 1977, or exceeds it by less than Rs. 45, the amount under the liberalised formula shall be so increased as to make such difference one of Rs. 45. If qualifying service is less than thirty years but not less than ten years, proportionate reduction at the rate of Rs. 1. 50 for each year short of thirty years shall be made while working out the amount of minimum increase mentioned above.

(d) If the enhancement of the cut off point to Rs. 2000 results in no increase of less than Rs. 40 in the pension, it shall be so determined that a minimum benefit of Rs. 40 per month is ensured. Similarly, if employees in grade 11-16 and 17-18 get an increase of less than Rs. 70 per month and Rs. 100 per month, respectively, by the enhancement of the out-off point to Rs. 2000, the increase shall be so determined that a minimum benefit of Rs. 70 or Rs. 100 per month, as the case may be, is ensured If the aforesaid increases result in an increase of less than the following amounts, namely,

________________________________________________________________
N. P. S.                                                                                                  Rs. P. M.
________________________________________________________________

1-10..            ..            ..            ..            ..                  ..            ..                40

11-16..             ..             ..             ..             ..             ..           ..               70

17-18..             ..             ..             ..             ..             ..             ..             100

19-20..          ..             ..             ..             ..             ..             ..                150

21-22            ..            ..              ..             ..             ..             ..                200
________________________________________________________________

in Family Pension, Extraordinary Family Pension, Disability Pension and Compassionate Allowance accruing on or after the 1st July, 1980, they shall be so determined that a minimum benefit equal to the above amounts is ensured.

(e)  A pensioner shall be allowed to draw full gross pension, that is, one-fourth of the pension under Pension-cum-Gratuity Scheme, 1954, need not compulsorily be paid in the form of gratuity. But if a pensioner so wishes, he may, at any time before the expiry of one month from the date of his retirement, are for gratuity equal to 25 per cent of his gross pension together with the remaining net amount of pension. The gratuity shall be paid at the rates fixed from time to time.

(f) A pensioner who draws gratuity equal to 25 percent of his gross pension may opt to commute 25 percent of the gross pension. The commuted value shall be calculated at the rates fixed from time to time.

(g)  If a pensioner does not opt to draw gratuity equal to 25 per cent of his gross pension, he shall be allowed to commute up to 50 per cent of the gross pension.

(h) Commutation shall not be subject to medical certification if it is asked for within one year of the date of retirement. In the case of premature retirement on medical grounds, the requirement of medical examination shall not, however, be waived. “;

474 C. Article 474 B does not apply to an officer in pensionable service who is not employed in a substantive and permanent capacity and who is discharged from service owing to the abolition of his post or on replacement by a qualified person. In the case of such officers, the amounts of gratuity and pension are regulated as follows: –

       (a) After a service of 10 years or more but less than 25 years, a gratuity not exceeding one month’s emoluments for each completed year of service subject to a maximum of Rs. 25, 000.

       (b)  After a service of 25 years or more, a pension at the rates and subject to the conditions laid down in Article 474 B (b). “

***” 474D. Family pension shall be allowed at the following rates: –

       (a) In the case of death of a civil servant while in service on or after the 1st July, 1983, gratuity in lieu of one-fourth of the gross pension shall be allowed at the existing rates. In addition, family pension shall be admissible for life or until remarriage of the widow, at 50 per cent of the gross pension.

       (b) In the case of death of a pensioner who retired or retires on or after the 1st July, 1983, family pension shall be admissible for life or until remarriage of the widow, at 50 per cent of the pension (net or gross as the case may be).

(c)  In the case of a widow who, on the 1st July 1983, was entitled to a family pension which was admissible for a period of ten years under the previous rules, the family pension shall be admissible to her for life or until her remarriage. ”

____________________________________________________
*Inserted vide G. P. F. D. Notification No. 10(7)-Reg. (6)-72, dated 30-3-1972.
**Inserted vide M. F. Notification No. F. 1 (21)-Reg (6)/80, dated 1-1-1981.
lnserted vide G. P. F. D. Notification No. F. 4(4)-RS/68, dated 30-1-1971.
***Substituted vide G. P. F. D. Notification No. 12(2)-Reg. (6)/84 dated 9-2-1984

33 SECTION IV. -ALLOWANCES RECKONED FOR PENSION

Emoluments and Average Emoluments

475 -485-Not Printed

” 486. The term ” emoluments ” means the emoluments which the officer was receiving immediately before his retirement and shall include ?

        (a)  Pay as defined in FR 9(21) (a) (i);

        (b)  Senior Post Allowance;

        (c)  Special Pay of all types and nature:

        (d)  Personal Pay;

        (e)  Technical Pay:

        (f) Dearness Allowance;

        (g) Increments accrued during leave preparatory to retirement;

        (h) Any other emoluments which maybe specially classed as Pay.

     Note 1. -The President has been pleased to declare with reference to clause (h) of this Article that the emoluments or pay drawn by an officer who is transferred on foreign service in an autonomous or semi-autonomous body, in a post appointment to which is, by Law required to be made, and the salary of which is required to be fixed, by the Federal Government or a Provincial Government, shall be treated as emoluments or pay drawn in a post in Government service.

     Note 2. -If pension of a Government servant is calculated under the rules existing prior to the 7th January, 1977, Dearness Allowance mentioned at item (0 shall not form part of reckon-able emoluments for pension. “;

487. The term “Average Emoluments ” means the average calculated upon [*] the last three years of service.

     1.    If during the last three years of his service an officer has been absent from duty on leave with allowances, or having been suspended, has been reinstated without forfeiture of service his emoluments, for the purpose of ascertaining the average, should betaken at what they would have been and he not been absent from duty or suspended: Provided always (a) that his pension must not be increased on account of increase in pay not actually drawn and (b) that an officer will not during leave be allowed to count as emoluments the sub. protem. allowances which he would have been entitled to so count under Article 486(h) had he remained on duty, if another officer has been appointed sub. protem. to the same appointment during the period of such leave. But if his absence on Departmental or Recess leave is reckoned as service under Article 409, only the allowances, if any, actually received during such leave should be taken into account.

     1-A. If during the last three years of his service an officer’s pay has been refixed as a result of revision of upgradation of the post held by him with retrospective effect but arrears have not been allowed not rise made in respect of the past period, his emoluments, for the purpose of calculating the average, shall be taken at what they would have been if the arrears had not been disallowed or the recoveries had been made.                                                                                                                

     2.    If during the last three yean of his service, an officer has been absent from duty on leave without allowances (not counting for pension), or in Class IV service, or suspended under such circumstances that the period of suspension does not count as service, the periods so passed should be disregarded in the calculation of the average, an equal period before the three years being included.

____________________________________________________________________
* Pensions is New Calculated on basis 12/36 of of Service, vide F. D. No. F. 6(7)-Reg. 6/78 dated 15-2-1977 and even number, dated, 16-6-1979.

     2-A. In the case of a military officer, departmental officer, warrant or non-commissioned officer or soldier who was in civil employ on 7th June 1937 and was or may be granted a pension under military rules on or after the 30th May 1933 and whose pay has been reduced under Clause; (b) of Article 526, emoluments for the purpose of ascertaining the average shall be taken at what they would have been had the pay not been reduced.

     3.    Excepting as provided in [rules 1, 1-A, 2 and 2-A] only emoluments actually received be included in the calculation. For example, when an officer is allowed to count lime retrospectively towards increase of pay, but does not receive retrospectively the intermediate periodical increments, these intermediate increments are not reckoned in the calculations.

     4.    In the case of Section-writers whose service has been allowed to count for penison under special orders of the Government of Pakistan, and of Press servants whose service qualifies under Article 380, “Average Emoluments” means the average earnings of the last seventy-two months in Superior service.

   Note 1. -[This rule applies in a case of a Press servant remunerated by a fixed rats of pay if his pay is met from the grant for piece-work.

   Note 2.. [Overtime earnings of Press servants paid at piece-work rate may be taken into account in calculating Average Emoluments under this rule, but such earnings must be exclud-ed in reckoning the Average Emoluments of Press employees who draw at fixed rate )

   Note 3. -[If during the last 72 months of service a Press servant has been for some period on fixed pay and for other periods a piece-work employes overtime earnings may be taken into account in calculating pension only for the periods during which he was remunerated at piecework rate]

Government Orders See Serial No. 1-19, Chapter V in Section VI. “

 Allowances which do not count

488.    An officer cannot count the following allowances:

       (1)  Local allowances and deputation (local) allowances;

       (2) Messing allowances, Working allowances, and Provision allowances to office    Department;

Net Emoluments taken

489.    Any part of an officer’s pay or emoluments which is specially intended to provide for expenses incidental to his duty, must be excluded.

 The following are examples of the operation of this Article: –

         (1) When an officer’s pay is intended partly to cover the expense of his providing or keeping a horse, his pay must be taken only at what it would be if it was not intended to cover such, expense. When a water-carrier’s pay includes provision for a bullock, his pay must be taken at what it would be if he were not required to keep a bullock.

______________________________________________________
*Soubstituted vide G. P. F. D. Notification No. F. 5(4)Reg. (61)/81, dated 17-2-1983.
**G. P. F. D. O. M. No. F. 6(9)-Reg (6)/79, dated 15-2-1977.
***Inserted by G. P. F. D. Notification No F. 4(4)-Reg (6)/72, dated 8-12-1972.
*Rule 2-A under Article 487 takes effect from 30th May, 1933.
*Substituted for the words ‘rules 1 and with effect from the 30th May, 1933.

        (2)  When a consolidated pay specially, includes tentage, travelling allowance, or house allowance, these must be deducted.

        (3)  When an officer’s pay is fixed at two rates, a smaller rate during stationary duty and a higher rate during period passed on tour or travelling, the former rate alone should be the basis of the calculation.

490.    When service on temporary duty counts for pension under Article 376, the pay of the permanent appointment held by the officer and not that drawn in respect of the temporary duty, is taken into consideration in determining the amount of pension, unless the officer draws a deputation (duty) allowance under the provisions of Article 76-C or Article 81.

491.    The preceding Article does not apply to an officer deputed temporarily to service in the Income-Tax Department, or to an officer deputed on abolition of his appointment to special duty (Article 397), or to an officer who, when his appointment was abolished, was on special duty. In these cases the full allowances are counted.

Combination of Appointments

492.    If an officer has held more than one appointment, in respect of each of which, if he bad held it separately and alone, pension would have been admissible to him, the pension admissible to him in the sum of the several pensions which would have been admissible to him if he had held each office separately and alone. The consolidated pension thus admissible is subject to the limitations prescribed in Articles 474 to 480 and 481.

493.    An officer is not entitled, for service in an office conjointly with another office, to any pension which would not have been admissible to him if he had held the office separately and alone.

SPECIAL RULES FOR THE POLICE

 494—-509. Not printed.

CHAPTER XXL-RE-EMPLOYMENT OF PENSIONERS
SECTION I. -GENERAL

509-A No officer, Civil or Military, may retire with the view of being re-employed, and drawing pension in addition to pay, whether in the general service or in the service of any Local Fund.

510. When a person who was formerly in the civil or military employment of any Government in Pakistan obtains re-employment, whether temporarily or permanently, in Government service or in the service of a local Fund, it shall be incumbent on him to declare to the appointing authority the amount of any gratuity, bonus or pension granted to him in respect of the previous employment. The authority re-appointing him shall specifically state in the order of re-appointment whether any deduction is to be made from pension or salary required by the rules of this Chapter and shall communicate a copy of the order to the Audit Officer.

    Note 1. -[The principle of this article applies in the’ case of continued employment on retirement from Government service. The amount of the pension to bo declared is that sanctioned originally, i. e. / it shall be inclusive or any amount that may have been commuted (vide Articles 524-B and 524-C. ].

    Note 2. -The provisions of the rules in this Chapter do not apply to retired Government servant appointed to be Governor-General or Governor of a Province.

510-A. The attention of every officer who is re-employed should bo specially called to the provisions of this Chapter by the authority re-employing him, and, whether he becomes aware of such an appointment, by the Audit Officer; by the failure of such authority to do this will not be admitted as a ground for condoning any breach of the regulations contained in this Chapter.

510-B. Notwithstanding anything contained in the rules in this chapter, a wound or other extraordinary pension sanctioned under Chapter XXXVIII of these Regulations and a wound or injury or disability pension or a disability addition to pension awarded under the military rules shall continue to be drawn by a retired Government servant, civil or military, during re-employment or continued employment, and shall be subject only to the conditions of its award. The amount of such pension or addition to pension or continued employment.

    Note. -[Where the military pension is consolidated and service and disability elements arc not explicitly differentiated, the total pension may be split up in the following manner, service portion of the pension will be represented by the service pension earned or, if no service pension has been earned, by the proportionate service pension calculated with reference to the minimum ordinary pension admissible for the rank and the actual length of service rendered. In calculating this service element, an amount of 50 paisa and over shall be taken as a whole rupee, amount of less than 50 paisa being ignoied. The disability portion of the pension will be the balance]

SECTION II. CIVIL PENSIONERS
Re-employment after Compensation Gratuity

511. An officer who has of tained a Compensation gratuity, if re-employed in qualifying service, may cither retain his gratuity, in which case his former service will not count for future pension, or refund it and count his former service.

512.    The intention to refund must be stated immediately on re-employment: but the refund may bo made by monthly instalments of not less than one-third of the officer’s salary, and also not less than the whole gratuity divided by the number of months which have elapsed since the end of the service for which the gratuity was given. The right to count previous service does not revive till the whole amount is refunded.

    Note. -[The equity of this rule is based upon the consideration that so long as the refund of the gratuity is post poned, the officer avoids the risks and the State losses to possibility of the gratuity lapsing absolutely to the public treasury by the death or dismissal of the officer. A subsequent refund of a gratuity, even with compound interest does not compensate the State for the loss of this possibility meanwhile].

513.    ( See Article 510-A. )

After Compensation Pension

514.    (a) An officer who obtained a compensation pension, if re-employed, may retain his pension in addition to his pay, provided that if he is re-employed in a post paid from general revenues, the pension shall remain wholly or partly in abeyance if the sum of the pension and the initial pay on re-employment exceeds his substantive pay at the time of his discharge that is, an officer can draw so much of pension only as will make his initial pay plus pension equal to his substantive pay at the time of his discharge. Once the amount of pension has been fixed in conformity with the above condition the officer shall be entitled to receive the benefits of increments in his new scale or promotion to another scale or post without a further corresponding reduction in pension or shall the amount of pension so fixed be varied during leave. In the case, however, of a pensioner re-employed in either a permanent or a temporary appointment, for bona fied temporary duty lasting for not more than a year, the Local Government may allow the pension to be drawn in while or in part even though the sum total of pay and pension exceeds his substantive pay at the time of his discharge.

          (a) An officer who has obtained a compensation pension, if re-employed, may retain his pension in addition to his pay, provided that if he is re-employed in a post paid from general revenues, the pension shall remain wholly or partly in abeyance if the sum of the pension and the initial pay on re-employment exceeds his substantive pay at the time of his discharge, that is, an officer can draw so much of pension only as will make his inital pay plus pension equal to his substantive pay at the time of his discharge. Once the amount of the pension has been fixed in conformity with the above condition the officer shall be entitled to receive the benefits of increments in his new scale or promotion to another scale or post without a further corresponding reduction in pension, nor shall the amount of pension so fixed be varied during leave. In the case, however, of a pensioner re-employed in either a permanent or a temporary appointment, for bonafide temporary duty lasting for not more than year, the Local Government or, in cases where the pension does not exceed *[ Rs. 200 ] a month, the officer who controls the establishment on which the pensioner is to be employed, may allow the pension to be drawn in whole or in part even though the sum total of pay and pension exceeds his substantive pay at the time of his discharge.

________________________________________________________
1This revised clause applied to officers under the rule-making control of the late Secretary of State and takes effect from the 9th June 1937.
2. This revised clause applies to officer under the rule making Control of the Governor-Genera! and takes effect from the 9th June 1937.
*Substituted for Rs. 200 by Notification No. F. 4(3)-R 7/82 dated the 31-8-1932.

Note 1. -[This rule applies to the re-employment on all establishments paid from the general Revenues, whether paid by fixed salary or by fluctuating monthly allowances; but it does not apply to pensioners employed on work as coolies and paid daily hire].

Note 2. -[In the case of re-employment under a Local Fund no deduction is made from a Compensation pension. ]

Note 3. -[The Government of Pakistan may permit an officer who has obtained a compensation pension and is afterwards re-employed in a permanent or temporary appointment duly sanctioned by competent authority, to draw his full pension in addition to the pay and allowances of the appointments, irrespective of the period of such re-employment],

Note 4-[The Local Government may delegate its power under this Article to Heads of Departments in respect of pensioners whose re-employment they are authorised to order].

Note 5. -[If the pension of a person does not exceed Rs. 200 a month, it shall not be taken into account in fixing his pay and allowances and, in the case of an employee of grades 1-10 where the amount of pension execeeds Rs. 200 a month, only so much of such pension as in excess of Rs. 200 a month shall be taken into account in fixing his pay and allowances. Where such pay and allowances have been fixed after taking such pension into account, they shall be refixed with effect from the 1st July, 1966, as if the person is not in receipt of any pension or, in the case of employee of grades 1-10 is in receipt of only such amount of pension as in excess of Rs. 200 a monthly]

          (b) If his re-employment is in qualifying service, he may either retain his pension (subject to the proviso above stated), in which case his former service will not count for future pension, or cease to draw any part of his pension and count his previous service. Pension intermediately drawn need not be refunded.

    Note. -[An officer counts his previous service under clause (b) if on re-employment his pension remains wholly in abeyance under the proviso to clause (a). ]

    ” Government Orders See serial No. 1-14, Chapter VI in Section VI. “

515.     In the case of a Section-writer whose service has been allowed to qualify for pension under special orders of the Government of Pakistan, or of a press servant (see Article 380) re-employed, *[the substantive pay at the time of discharge] is taken at the average earnings of the last six months of employment.

516.    If an officer does not, within three months from the date of his re-employment, exercise the option conceded by Article 514, of ceasing to draw pension and counting his former service, he may not thereafter do so without the -permission of the Local Government.

517.     Cancelled (with effect from the 9th June 1937).

518.     Cancelled.

After Invalid Pension

519. There is no bar to the re-employment of an officer who has regained health after obtaining Invalid pension, or if an officer is invalided as being in-capacitated for employment in a particular branch of the service, to his re-employ ment in some other branch of the Service. The rules in such a case as to refunding gratuity, drawing pension, and counting service, are the same as in the case of re-employment after Compensation pension.

______________________________________________________
Substituted vide Notification No. 6(2)R /6/69 dated the 7th July, 1970.
Substituted for words Class IV and III employees tide Estb. Div. Notification S. R. O. 1530 (1)/73 dated 3-11-1977
*[ ] The words within bracket apply to officers under the rule-making control of the Central Government and take effect from the 9th June 1937,

520.     An officer who is in receipt of a superannuation or retiring pension shall not be re-employed or continue to be employed in service paid from general revenues or from a local fund, except on public grounds, Sanction to re-employment or extension of the term of employment may be given as follows: –

           (i) By the Government of Pakistan in the Administrative Ministry or Division concerned, when the pensioner served before retirement in a Grade 16-23 appointment directly under the Government of Pakistan or belonged to an Imperial Service or Imperial Branch of any Service, or was ‘[an officer] who, before retirement, held a post usually Ailed by officers of an Imperial Service or Branch;

           (ii) In other cases, by the Local Government under whose administration the pensioner is re-employed;

           (iii) By any authority subordinate to a Local Government to whom the Local Government may delegate its powers under this Article in respect of pensioners re-employed in establishments under the control of such authority.

 Note. -(A Local Government may declare that the restrictions contained in this Article shall not apply to any particular local fund or to local funds of any particular class in its territ tories or that they shall apply subject to such modifications as it may direct. )

521.    The authority competent to fix the pay and allowances of the appointment in which the pensioner is employed shall determine whether his pension shall be held wholly or partly in abeyance. If the pension is drawn wholly or in part, such authority shall take the fact into account in fixing the pay to be allowed to him; provided that (i) where a Local Government has delegated its power under clause (ii) of Article 520 to the Head of a Department the latter may not allow the pensioner to draw full pension in addition to the full pay of the post except when the re-employment or continued employment is for bora fide temporary duty lasting for not more than a year or the pension does rot exceed *-[Rs. 200] a month, and (iii) where the Local Government has delegate its power to any other authority subordinate to itself, such authority may not allow the pensioner to draw in full a pension of more than *[Rs. 200] a month in addition to the full pay of the post.

   Note 1. -[Where the employment is in service paid from a local fund, the authority £deter-mining whether the pension shall be wholly or partly held in abeyance shall be either-

         (i) the authority administering the local fund, if so empowered by the Local Government by special or general orders in this behalf; or,

         (ii) in any other case, the Local Government or such other authority- as the Local Govern, ment may prescribe. ]

   Note. -[If the pension of a person does not exceed Rs. 200 a month, it shall not be taken account in fixing his pay and allowance and, in the case of a employee of grades 1-10 where the amount of pension exceeds Rs. 200 a mouth, only so much of such pension as is in excess of Rs. 200 a month shall be taken into account in fixing his pay and allowances. Where such, pay and allowances have been fixed after taken such pension into account, they shall be refixed with effect from the 1st July, 1966, as if the person is not in receipt of any pension or if, the person is not in receipt of any pension or, in the case of an employee of grades 1-10 is in receipt of only such amount of pension as is in excess of Rs. 200 a month”

___________________________________________________
* Substituted for the words ‘gazette ‘, vide Estb. Div. Notification S. R. O. 1530(1)/73 dated 3rd November, 1973.
‘[ ] “The words ‘an office ” were substituted for the words “a Statutory Civilian or other office” by the Governor-General.
” Substituted by Notification No. F. 4(3)-Reg. 7/82 dated 3lst August, 1970.
Substituted vide Notification No. 6(2) R 6/69 dated 7th July, 1970.
Substituted for words class III and IV vide Estt. Div. Notification S. R. O 1530 (l)/73 dated 3rd November, 1973.

 Exemptions

522.    The foregoing rules do not apply to pensiones re-employed under the Court of Wards.

523.    A pensioner of any class may be employed as an Extra Departmental Agent in the Post Office, or as a Sub-Registrar under the law for the registration of documents remunerated by fees only.

524.    Cancelled.

524-A. Deleted.

In Case of Commutation of Pension

524-B. In the case of a pensioner who is re-employed in Government service or in the service of a Local Fund and who commutes a portion of his pension after such re-employment, the amount of pension which the pensioner is entitled to draw under the rules in this Section shall be the amount to which he would have been entitled had there been no commutation, less the amount commuted.

524-C. In the case of a pensioner a portion of whose pension has been commuted before re-employment the original amount of the pension should be taken into consideration in fixing the total receipts during re-employment or continued employment and not merely the uncommitted pension.

SECTION III. -MILITARY PENSIONERS

525.    Except where it is otherwise expressly provided, the rules in section II of this chapter do not apply to a military officer, departmental officer, warrant or non-commissioned officer or soldier who is taken into or allowed to continue in civil employ [after he has been granted a pension under military rules. The claims of such an officer to salary in the Civil Department are governed by Articles 526 to 528. His pension for service in the Civil Department will not be affected by his military pension.

526.    (a) When a person formerly in military service obtains employment in the civil department after having been granted a military pension, he shall continue to draw his military pension, but the authority competent of fix the pay and allowances of the post in which he is re-employed shall have power to take into account the amount of pension, including such portion of it as may have been commuted.

        2(b) A military officer, departmental officer, warrant or non-commissioned officer or soldier who is granted a pension tinder military rules while he is in civil employ, shall draw such pension while he is in civil employ, but the authority competent to fix the pay and allowances of the post in civil employ, may, with effect from the date from which the pension is granted, reduce such pay and allowances with reference to such officer or soldier by any amount not exceeding the amount of such pension.

__________________________________________________________
Substituted for the words “after he has earned a pension under military rules” with effect from the 30th May, 1933.
This revised clause takes effect from the 30th May 1933,

     Note 1. -If the military pension of a person does not exceed Rs 200 a month, it shall not be taken into account in fixing his pay and allowances in the Civil Deprtment and, in the case of of Junior Commissioned Officers and other Ranks, where the amount of person exceeds Rs. 100 a month, only so much as is in excess of Rs. 200 shall be deducted from his pay and allowances in the Civil Department. Where such pay and allowances have been fixed after taking such pension into account, they shall be refixed with effect from 1st September, 1982, as if the person is not In receipt of any military pension or, in the case of Junior Commissioned Officers and other Ranks, is in receipt of only such amount of military pension as is in excess of Rs. 200.

527, 528 and 528-4.
Cancelled.

@528-B. The pension of the widow or dependent of an officer or member of the Armed Forces, including an honorary commissioned officer, junior commisioned-cd officer and an enrolled non-combatant of such Forces shall not be taken into account while fixing salary on employment in any Civil Department.

SECTION IV. PENSION FOR NEW SERVICE

529.     Except as provided in Articles 525 to 528-B, an officer who. having been discharged with a pension, is subsequently re-employed, may not count his new service for a separate pension. Pension (if any) is admissible only for the new service combined with the old, the whole being counted as one service.

530.     If an officer who has obtained a Compensation or Invalid pension is re-employed in pensionable service and retains the pension (sec Article 514), the pension or gratuity admissible for his subsequent service is subject to the following limitation, namely, that the gratuity or the capital value of the pension shall not be greater than the difference between the value of the pension that would be admissible at the time of the officer’s final retirement, if the two periods of service were combined, and the value of the pension already granted for the previous service.

531. (a) If a gratuity received for the earlier service has not been refunded, gratuity of pension (as the case may be) may be allowed for the subsequent service, on condition that the amount of such gratuity or the present value of such pension plus the amount of the previous gratuity shall not exceed the amount of gratuity or the present value of the pension that would have been admissible had the gratuity received for the earlier service beer refunded.

        (b) If the amount of such gratuity or the present value of such pension, plus the amount of the previous gratuity, exceed the amount of gratuity or the present value of the pension that would have been admissible if the gratuity received for the earlier service had been refunded, the excess must be disallowed.

_____________________________________________________________
*Substituted by Notification No. 6/2)-R-6/69.
Substituted not G. P. F. D. Notification No. F. 4 (3)-R. 7/82 dated 31-8-1982.
@Substituted by Notification No. (3)-Reg. 7/78, dated 6-11-1979.

531-A. For the purposes of Articles 530 and 531, the capital or present value of a pension shall be calculated in accordance with the table prescribed by the President under the “Civil Pensions (Commutation) Rules”.

*SECTION V. COMMERCIAL EMPLOYMENT AFTER RETIREMENT

531-B.(a) If a pensioner to whom this Article applies wishes to accept any commercial employment before the expiry of two years from the date of his retirement, he should obtain the previous sanction of the President to such acceptance. No pension shall be payable to a pensioner who accepts commercial employment without such sanction., in respect of any period for which he is so employed or such longer period as the President may direct:

                Provided that a Government servant permuted by the appropriate authority to take up a particular from of commercial employment during his leave preparatory to retirement shall not be required to obtain subsequent permission for his continuance in such employment after retirement.

            (b)  This Article shall apply to every pensioner (other than a person mentioned in the Note below this Article) who immediately before retirement was a member of any of the All Pakistan certified Grade including the Foreign Service, or whether before or after the 15th August, 1947, of any Central Superior Civil Service or a Central Service in grade 16 and above but shall not apply in relation to any commercial employment accepted by such pensioner before the 5th December, 1953.

    “Note. -This Article shall not apply to a person who having been appointed by the late Secretary of State or Secretary of State in Council to a Civil Service in India continued on or after the 15th August, 1947 to serve under the Government of Pakistan or any Province or part thereof”.

          (c)  In this Article “Commercial employment ” means employment in any capacity including that of an Agent under a Company, firm or individual engaged in trading or in a commercial, industrial agricultural, financial, or professional business, and includes also a directorship of such company and a partnership of such firm.

*SECTION VI. EMPLOYMENT UNDER A GOVERNMENT OUTSIDE
PAKISTAN AFTER RETIREMENT

531-C. (a) If a pensioner to whom this Article applies wishes to accept any employment under a Government outside Pakistan, he should obtain the previous sanction of the President to such acceptance. No pension shall be payable to a pensioner who accepts such employment without prior permission, in respect of any period for which he is so employed or such longer period as the Pakistan may direct:

        Provided that a Government servant permitted by the appropriate authority to take up a particular from of employment under a Government outside Pakistan during leave preparatory to retirement shall ‘not be required to obtain subsequent permission for his continuance in such employment after retirement.

____________________________________________________________
*Added by M. F. Notification No. F. 9 (15)-RI/51. dated the 5th December, 1953, as amend ed by Notification of even No. dated the 22nd August, 1957.
**Substituted for the words “Clen I and Clen II Gazetted.
****Substituted for the words “Service vide Ext. Zl Div. Notification No. S. R. O. 1307(I)/73 dated 14th September, 1973.

        (b)  This Article shall apply to every pensioner (other than) a person mentioned in the Note below Article 531-B) who immediately before retirement was a member of any of the All-Pakistan (uncertified) grade including the Foreign service, or whether before or after the 15th August, 1947, of any Central Superior Civil Service or a Central Service in grades 17 and above but shall not apply in relation to any employment referred to in clause (a) above accepted by such pensioner before the 5th December, 1953.

        (c) For the purpose of this Article “employment under a Government outside Pakistan ” shall include employment under a local authority or corporation of any other institution or organisation which functions under the supervision or control of a Government outside Pakistan.

=========================================
CHAPTER XXII                 

CHAPTER XXIII                Not printed.

CHAPTER XXIV
=========================================             

______________________________________________________
*Substituted for the word “Service” vide Estt. Div. Notification No. SRO 1307 (I) 73, dated 14th September, 1973.
*Substituted for the words “Class I, vide Estt. Div. Notification No. SRO 1530(I)/73. dated 3rd November, 1973.

CHAPTER XXII                 

CHAPTER XXIII                Not printed.

CHAPTER XXIV

PART V. -RULES APPLICABLE TO SPECIAL DEPARTMENTS OK
SPECIAL OFFICERS,

MEMBERS OF THE FORMER INDIAN CIVIL SERVICE

551-560. Not printed.

Retirement and Annuity

561. –An officer who has been twenty-five years in the service, counting from the date of his covenant [or from the date of the dispatch of the late Secretary of State announcing his appointment (whichever may has been earlier; * and who has rendered twenty-one years’ active service, is entitled, on his resignation of the service being accepted, to an annuity of Rs. 10, 666, 66. This annuity is subject to a minimum of 1, 000.

**561A. The pension of an officer of the former Indian Civil Service who retires from service after the 30th June, 1966, and who has not elected to be governed by Article 561 shall be regulated under Articles 474B provided that an officer who has been twenty-five years in service and has rendered twenty one years’ active service shall on his resignation from service being accepted, be entitled to an ordinary pension of Rs. 133, 33, 34 per annum.

562. An officer who resigns the service will, by such resignation, vacate by office under the Government which he may then be holding.

563.    Deleted.

564.    An officer who. having arrived in India/Pakislan, is declared by a medical certificate in due from to be incapacitated for further service, and is thereupon permitted to resign the service before he is entitled to an annuity under Article 561, is entitled to gratuity or annuity as follows –

    (a) If invalid on or after the 1st April 1919

  For total active service of less than 4 years a gratuity of Rs. 5, 333 1/3 subject to a minimum of £ 500.

  For total active service of not less than 4 years but less than 5 years an annuity of Rs. 1, 600 subject to a minimum of £ 150.

  For total active service of not less than 5 years but less than 6 years an annuity of Rs. 1, 813 1/3 subject to a minimum of 170 pounds.

  For total active service of not less than 6 years but less than 7 years an annuity of Rs. 2, 133 1/3 subject to a minimum of £ 200.

  For total active service of not less than 7 years but less than 8 years -an annuity of Rs. 2, 453 1/3 subject to a minimum of £ 230.

  For total active service of not less than 8 years but less than 9 years- an annuity of Rs. 2, 773 1/3 subject to a minimum of £ 260.

  For total active service of not less than 9 years but less than 10 years-an annuity of Rs. 3, 093 1/3 subject to a minimum of £ 290.

  For total active service of not less than 10 years but less than 11 years-an annuity of Rs. 3, 413 1/3 subject to a minimum of £ 320.

____________________________________________
*The words in square brackets occurring in Article 561 do not apply to persons appointed to be members of the Indian Civil Service, on probation, under Rule 2 of the Indian Civil Sevice (Probationary Service) Rules, 1937, or corresponding rules mads thereafter.
**’Inserted vide G. P. M. F. Notification No. F. 4 (4)-Rs/68. dated 30-1-1971.
*Ommitted G. P. F. D. Notification No. F. 6 (4)Reg (6)/81, dated 17-2-1983.

  For total active service of not less than 11 years but less than 12 years-an annuity of Rs. 3, 840 subject to a minimum of 3, 360.

  For total active service of not less than 12 years but less than 13 years-an annuity of Rs. 4, 266 2/3 subject to a minimum of £ 400.

  For total active service of not less than 13 years but less than 14 years-an annuity of Rs. 4. 693, 1/2 subject to a minimum of 440 pound.

  For total active service of not less than 14 years but less than 15 years-an annuity of Rs. 5, 120 subject to a minimum of £ 480.

  For total active service of’ not less than 15 years but less than 16 years-an annuity of Rs. 5. 760 subject to a minimum of £ 540.

  For total active service of not less than 16 years but less than 17 years-an annuity of Rs. 6. 400 subject to a minimum of £ 600.

  For total active service of no: less than 16 years but less than 18 years-an annuity of Rs. 7, 040 subject to a minimum of £ 660.

  For total active service of not less than 18 years less than 19 years-an annuity of Rs. 7, 680 subject to a minimum of £ 720.

  For total active service of not less than 19 years but less than 20 years-an annuity of Rs. 8, 320 subject to a minimum of £ 780.

  For total active service of not less than 20 years but less than 21 years-an annuity of Rs. 8, 960 subject to a minimum of £ 840.

  For total active service of not lesd than 21 years-an annuity of Rs. 9, 600 subject to minimum of £ 900.

          (b) If the officer was in service on the 5th November 1919, he may, at his option obtain a gratuity or annuity according to the following scale: –

  For less than 5 years’ service-as gratuity of Rs. 5, 335 1/3 subject to a minimum of £ 500,

For 5 years’ completed’ service an annuity of Rs. 1, 600 subject to a minimum of £ 150.

  For 6 years’ completed service an annuity of Rs. 1813, 1/3 subject to a minimum of £ 170.

For 7 years’ completed service an annuity of Rs. 2, 026 2/ 3 subject to a minimum of £ 190.

For 8 years’ completed service an annuity of Rs. 2, 240 subject to a minimum of £ 210.

For 9 years” completed service an annuity of Rs. 2, 453 1/3 subject to a minimum of £ 230.

For 10 years’ completed service an annuity of Rs. 2, 666 2/3 subject to a minimum of £ 250.

For 11 years’ completed service an annuity of Rs. 2, 880 subiect to a minimum of £ 270.

For 12 years’ completed service an annuity of Rs. 3, 093 1/3 subject to a minimum of £ 290.

For 13 years’ completed service an annuity of Rs. 3, 413 1/3 subject to a minimum of £ 320.

For 14 years’ completed service an annuity of Rs. 3, 733 1/3 subject to a minimum of £ 350.

For 15 years’ completed service an annuity of Rs. 4, 053 1/3 subject to a minimum of £ 380.

For 16 years’ completed service an annuity of Rs. 4, 373 1/3 subject to a minimum of £ 410.

For 17 years’ completed service an annuity of Rs. 4, 693 1 3 subject to a minimum of £ 440.

For 18 years’ completed service an annuity of Rs. 5, 013 1/3 subject to a minimum of £470.

For 19 years’ completed service an annuity of Rs. 5, 333 1/3 subject to a minimum of £ 500.

For 20 years’ completed service an annuity of Rs. 5, 653 1/3 subject to a minimum of £ 530.

For 21 years’ completed service an annuity of Rs. 5, 973 1/3 subject to a minimum of £ 560.

For 22 years’ completed service an annuity of Rs. 6, 293 1/4 subject to a minimum of £ 590.

  For 23 years. completed service an aunuity of Rs. 6, 613 1/3 subject to a minimum of £ 620.

  For 24 years” completed service an annuity of Rs. 7, 040 subject to a minimum of 660

  For 25 years’ service (of which less than 21 years have been active service) Rs. 7, 466 2/3 subject to a minimum of 1700.

564-*A Officers who, prior to their civil employment, have rendered whole-time inlisted or commissioned service between the 4th August, 1914, and the 31st August 1921, in His Majesty’s Military, Naval or Air Forces, British or Indian, which, did not earn a service pension under the Military Naval or Air Forces Rules shall count completed years of such service, including sick leave taken during such service, up to a maximum of four years, for the purposes of Articles 561 and 564 subject to the following conditions: –

     (1) Only service rendered after the attainment of age of 23 years shall be allowed to count.

     (2)  Save as stated in Note 2, no refund of bonus or gratuity received in respect of such service shall be required from the officer.

   Note 1. -Members of the service (excluding Surplus Officers of the Army) shall be entitled to the concession allowed by the substantive portion of this Article or to the following concession whichever is more favourable: –

   Service in His Majesty’s Forces will count for active and total service for annuity, including invalid annuity, as follows: –

   Candidates who had attained the age of 25 but were under the age of 27 years on the 1st August preceding their arrival in India or Pakistan, may count a period not exceeding one year, provided that such period was spent on whole time enlisted or commissioned service (including sick leave) between the 4th August, 1914, and the 31st August 1921. Candidates of 27 years and over on the 1st August preceding their arrival in India or Pakistan may similarly count a period not exceeding two years subject to the same proviso.

Note 2. -Officers of the Indian Army retired as surplus under the terms of the Royal Warrant of 25th April, 1922, shall be entitled to the concession allowed by the substantive portion of this Article or to the following concession whichever is more favourable: –

    They shall be allowed to count as active and total service for annuity including invalid annuity, all service in the Indian Army (excluding service in the British Army which would have counted for Indian Army pension) rendered after attaining the age of 23 years, and subject to a minimum period on alt four years, but the gratuity, if any, received by them under that Royal Warrant shall be refunded to Government.

564-B. The power of withholding or withdrawing the whole or any part of an annuity under Article 351 shall be exercised only by the **President.

UNFITNESS FOR FURTHER ADVANCEMENT

564-C The grant of an annuity to an officer of the former Indian Civil Service who is proved to be unfit for further advancement and is removed from service by the President on the recommendation of the Local Government and the Government of Pakistan is regulated by Article 353-A –

565. Not printed.

CHAPTER XXVI  }     Cancelled.

CHAPTER XXVII. }     Cancelled.

CHAPTER XXVIII. )                Not printed.

______________________________________________
*This new article takes effect from the 26th May, 1937. **Substituted for ” Secretary of State in Council”.

A-MILITARY OFFICERS OF THE INDIAN
POLITICAL SERVICE

620-A. A military officer who joined the Indian Political Service on or after 1st April, 1939, or who having joined that served before the said date has elected to be subject to this Rule shall, if he has completed 125 year’s qualifying service in the Indian Political Service, be granted a pension of £ 850 a year and, if he has rendered approved service in a post the pay of which has been fixed either generally or specially for him at not less than Rs. 4, 000 a month’s shall be granted and additional pension of £ 150 a year for each completed year not exceeding two of effective service in such post.

620-B. The *President retains an absolute right to require a military officer to whom the rule in Article 620A applies, to retire from the Indian Political Service any after he has completed 25 year’s qualifying service without giving any reason, and no claim to special compensation on this account will be entertained. This right will not be exercised except when it is in the public interest to dispense with the service of an officer.

620-C. All pensions granted under Article 620A shall be subject to the provisions of Articles 351, 353, 353A, 418 and 423 and of Chapter XXI.

620-D. For the purpose of Articles 620A and 620B ‘qualifying service’ shall consist of ” active service” as defined in Article 8, Study Leave, Specially disability leave and other leave to the extent prescribed in Article 408, and “effective service” shall be calculated as prescribed in clause (4) of Article 475-B.

620-E. An officer who has received under F. R. 113 officiating promotion to a post of the kind mentioned in Article 620 A. or in whose case the **President certifies that he would have received such promotion had he not been on special duty or holding a temporary post, may be allowed by the **President, an additional pension at the rate and subject to the conditions prescribed in that Article as though he had held such post, during the period for which he officiated or would have officiated.

    Note. -[For the purpose of this Article the period of officiating promotion includes any privilege leave or leave under the Fundamental Rules corresponding to privilege leave for the pur-pose of calculating service for pension taken during the period, but no other leave, if the **President certifies that had the officer not been on leave, he would have continued in the same capacity.

620-F. An officer of either of the categories indicated at the beginning of Article 620A who retires voluntarily, or who is required to retire on grounds of ill-health, before completing 25 years’ qualifying service, shall be granted such gratuity or pension (other than gratuity or pension admissible in respect of a disability attributable to service) as would have been admissible to him under the conditions and at the rates laid down in the Pension Regulations for the army in India, other than those prescribed in Chapter III, Section IV had he remained in military employment:

     Provided that as officer who is subject to the special ordinary leave rules in the Fundamental Rules shall not count as service for pension any period of leave preparatory to retirement in excess of one year.

___________________________________________________
*Substituted for “Secretary of State”.
**Substituted for “Governor General-Council.

620-G. An officer who joined the Indian Political Service before 1st April, 1939, and who has elected not to be subject to Article 620A shall on superannuation or retirement, be granted such gratuity or pension (other than gratuity or pension admissible in respect of disability attributable to service) as would have been admissible to him under the conditions and at the rates laid down in the Pension Regulations for the Army in India, other those prescribed in Chapter III, Section IV had he remained in military employment together with such special additional pension, if any, for which he may be eligible under Article 475B:

     Provided that an officer who is subject to the special or ordinary leave Rules in the Fundamental Rules shall not count as service for pension any period of leave preparatory to retirement in excess of one year.

620-H. The widow and or children of an officer, including one to whom Article 620-A relates, may if not granted an award under the Superior Civil Services (Extraordinary Pension) Rules, 1936, be granted pension at the ordinary rates and subject to the conditions la id down in the Pension Regulations for the Army in India which would have been applicable if the officer had remained in military employment.

CHAPTER XXIX            Not printed
CHAPTER XXX             Not printed
CHAPTER XXXI            Not printed
CHAPTER XXXII           Not printed
CHAPTER XXXIII          Not printed
CHAPTER XXXIV.        Deleted.
CHAPTER XXXV         Not printed

WOUND AND OTHER EXTRAORDINARY PENSIONS

WOUND AND OTHER
EXTRAORDINARY PENSIONS

SECTION I. – -GENERAL RULES

728.     (a) Subject to the provisions of Article 729, the rules in this Chapter apply to all persons in civil employ (and to all persons employed in a civil capacity under the Army Department) whether their employment is permanent, temporary or casual and whether remunerated by fixed pay or by piece-work rates: Provided that, in the case of a person to whom the workmans Compensation Act, 1923, applies. –

(1)  an award shall be paid under the provisions of this Chapter only if the authority competent to sanction it considers that the compensation payable under the Act is in the particular case, inadequate; and

(2)  the amount of an award paid to any such person shall not exceed the difference between the amount otherwise admissible under these rules and amount of compensation payable under the Act,

(b) pay for the purposes of this Chapter means pay as defined in rules 9 (21) of the fundamental Rules, which a person was drawing on the date of his death or injury Provided that in the case of a person remunerated by piece-work rates, pay means the average earnings of the last six months ending with the day of his death or injury.

729.    The rules in this chapter do not apply to-

(a) persons paid from the Defence Service Estimates (except Class II followers and religious teachers of Pakistan Units) who in the matter of service pensions or gratuities are governed by the rules in Pension Regulations for the Army.

(b) Non-combatant departmental and regimental civilian employees holding regular appointments and remunerated by pay or salary from the Defence Service estimates (including those employed in the Military Accounts Department), in receipt of pay less than than Rs. 200 per mensem, if they were recruited before the 18th October, 1932.

The claims of these men and of their dependants to wound and other extraordinary pensions and gratuities should be dealt with wounder Pension Regulations for the Army.

730. Government do not bind themselves to grant a pension or gratuity in every, case, or, if they grant a pension, to grant it for life.

731.    Every grant of pension under this Chapter is subject to the provisions of Article 351.

732.     In cases whore considerable delay has occurred in applying for an extraordinary pension, the grant, if any, will take effect only from the date of the report by the medical board, or, in the case of a family pension, from such date as the sanctioning authority may decide. Otherwise the grant may be made with effect from the date of wound injury, or death; except that, when its made under Army Regulations it has effect from the date therein prescribed.

733.     In cases falling clearly and strictly within the letter of the rules in this-. Chapter the Local Government may exercise, in relation to Government servants under its administrative control all powers conferred by the rules upon the Government of Pakistan other than the powers conferred by Articles 739, 741-A, 741-B, 743, 746-D, 746-E and by the Note under Article 74-B.

734.    All awards involving expenditure chargeable to British revenues should be reported without delay to the Ambassador for U. K. in Pakistan.

735.   Not Printed

736.   When it is necessary to convert sterling pensions or gratuities awarded under the rules in this Chapter into rupees, or rupee pensions or gratuities into sterling, the conversion shall be effected at the rate of exchange fixed for the conversion of ordinary civil pensions.

737.    Subject to the provisions of the Civil Pensions (Commutation) Rules the recipient of a pension awarded under the rules in this Chapter may be allowed to commute a portion of it.

738.   (a) If an officer is incapacitated for further civil service in consequence of a wound, injury or disability in respect of which an extrardinary gratuity or pension is warded to him under the provisions of this Chapter, he will be eligible to receive, in addition to such extraordinary gratuity or pension, any ordinary civil pension or gratuity for which he may be eligible under the Civil Service Regulations.

         (b) In the event of his total qualifying service for civil pension rendering him eligible for invalid gratuity only, as distinguished from pension, he may notwithstanding, be granted at his option a pension calculated as follows in lieu of the gratuity: –

         (i) If he is a member of the former Indian Civil Service at the rate of £ 30 a year for each completed year of active service, including any period passed with a military force in the circumstances described in Article 739.

         (ii) In other cases, at the rate of one-sixtieth of his average emoluments or each completed year of service for pension, including any period passed with a military force in the circumstances described in Article 739.

 Note. -[For the purpose of calculating ordinary civil pension or gratuity in the case of an officer who has been serving in a military capacity with a military force (see Article 744), his “emoluments” during the period of such service shall be taken to be those which he would have drawn if ho had remained in civil employ, the calculation being made according to the “next below” rule where applicable. )

SECTION II. WOUNDS, INJURIES, OR OTHER DISABILITIES SUSTAINED
BY A CIVIL OFFICER WHILE SERVING WITH
A MILITARY FORCE.

739. The rules in his Section apply to officers in circumstances justifying their presence with a military force if the connection of the officer with the force can reasonably be held to be due wholly or in part to the fact that he was at the time a civil officer of the Government of Pakistan or a Local Government. This may be assumed without question in the case of any officer called out for actual service as a member of the Pakistan Army Reserve of Officers or of the Auxiliary Force, Pakistan or the Pakistan Territorial Force, or attached to a Pakistan unit or to a force under the orders of the Government of Pakistan or operating in a country contiguous to Pakistan. If in any other case doubt arises as to the applicability or otherwise of the rules in this Section the decision will rest with the Government of Pakistan.

A. -CIVIL OFFICERS SERVING IN A CAPACITY WITH A MILITARY
FORCE

Wound, Injury or Family Pensions or Gratuities

Civil Officers on pay of Rs. 350 a month or over

740. A civil officer in receipt of pay of Rs. 350 a month or more, who may be serving in a civil capacity with a military force, may be granted by the Government of Pakistan a wound or injury pension or gratuity and the family of such an officer is eligible for family pensions and gratuities, at the rates and under the conditions stated in Army Regulations, Volume I (1915 edition), the rank of the civil officer for the purpose being the military rank assigned, or assignable, to him under rule in the field or his relative military rank in the table below whichever is more favourable to the receipent:

  (a)  Omitted.

  (b)  Members of the former Indian Civil Service.

  Of more than 31 years’ standing…                     ..                   .Major-General.

  Of more than 23, but not more than 31 years standing         .. Colonel.

  Of mote than 18 but not more than 23 years’ standing         .. Lieutenant-Colonel.

  Of more than 12, but not more than 18 years’ standing       .. Major.

  Of more than 5, but nut more than 12 year’s standing         .. Captain,

  Of not more than 5 years’ standing….               ..                    Lieutenant.

    (c)  Other Civil Officer on pay of not less than Rs.  350 months

Monthly pay                                                                               Relative Military Rank

  Rs. 2, 500 and over….               ..              ..               ..            Major-General.

  Rs. 2, 000 but less than Rs. 2, 500                  ..              ..      Colonel.

  Rs. 0, 500 but less than Rs. 2, 000                  ..              ..      Lieutenant-Colonel.

  Rs. 900 but less than Rs. 1, 500..               ..              ..           Major.

  Rs. 700 but less than Rs. 900..               ..               ..              Captain.

  Rs. 450 but less than Rs. 700……..              ..                          Lieutenant.

  Rs. 350 but less than Rs. 350…               ..              ..              Second-Lieutenant.

740-A. A civil officer in recepit of pay of less than Rs. 350, but less than Rs. 200 a month who may be serving in a civil capacity with a military force may be granted by the Government of Pakistan a wound or injury pension or gratuity, and the family of such an officer is eligible for family wards, under the conditions stated in army Regulations, Volume I (1915 edition), in so far as they are applicable to Conductors and Sub–Conductors and at the rates specified below: –

Civil Officers on pay of less than Rs. 200 a month

742. A civil officer in receipt of pay of less than Rs. 200 a month, who may be serving in a civil capacity with a military force, may be granted by the Government of Pakistan a wound or injury pension or gratuity, and the family of such an officer, if he is killed on such service or dies of an illness or injury due to such service, may be granted a family pension, under the following rules:

(i) Wound or injury Pension

   Higher. -At the rate of one-third of pay, subject, if the officer is wholly incapacitate from earning a living, to a minimum of Rs. 10 month.

   Lower-M a rate not exceeding one-fifth of pay.

       (a) The higher rate of pension will only be granted if the officer has sustained, as a result of his service with military force, a wound or injury occassioning the loss of an eye or limb or of the use of a limb, or equivalent in its effects to the loss of a limb.

       (b)  The percentage of pay to be awarded in the case of an officer eligible for pension on the lower scale will be decided by the Government of Pakistan, at their discretion, according to the severity of the injury.

       (c)  No pension will be granted unless the wound or injury is reported by a medical board to be severe.

       (d)  An officer may be recommended for a pension for each eye or limb of which he has lost the use through his service with the military force.

       (e)  A pension may be granted permanently, or temporarily for a period not exceeding one year in the first instance. In the latter case, the question whether the pension shall be continued, and, if so, at what rate and for what further period, will be left for subsequent determina-tion.

(ii) Family Pensions

    At the rate of one-balf of the officer’s pay.

(a)  For the purpose of awarding a family pension under this Aiticle, the term “family ” includes only wife, legitimate child, father or mother dependant upon the deceased for support.

    (b) The pension is allotted:

         (1)  to the eldest surviving son, for the support of the family;

         (2)  failing a son, to the eldest widow, for the same purpose;

         (3)  failing both sons and widows, to the eldest surviving unmarried daughter, for the same purpose;

         (4)  these failing, to the father, for the same purpose;

         (5) failing (1) to (4), to the mother, for the same purpose.

    (c)  The pension to a male is tenable as follows: –

         (1)  if the pensioner is under six years of age, till he is eighteen years old;

         (2)  if not under six, but under fifty years, for twelve years;

         (3) if not under fifty yean, for life.

    (d) The pension to a female is for life or until marriage; but on her suitable marriage, the Government of Pakistan may, at their discretion, grant her five years pension as a dowry.

   Note. -[A pension granted to a female infant who is of Asiatic domicile shall, in the absence of special orders to the countrary, last until she leave her own family to cohabit with her husband, or being married, attains the age of sixteen years, whichever even happen first,

    (e) In awarding a family pension under this Article the Government of Pakistan have discretion to make such modification in the mode of allotment or conditions of tenure set forth in clauses (b) to (d) as they may consider desirable with a view to adapting these to the legal or customary conditions applicable in the case of the family to be benefited, or to providing against the improper application of the pension or its premature cessation. They have also power to award the pension to a dependent who does not strictly fall within the definition of ” family “.

    (f) On the cession of the pension through death, marriage or other Cause, the Government of Pakistan have discretionary power to re-grant it, in whole or in part, to members of the family lower down in the scale prescribed in clause (b), who may have been dependent on it for support, and for such period as they may consider desirable, not exceeding that admissible under clause (c) or (d) for an original grant.

743. Pension or Gratuity in case of serious detriment to health. A civil officer of the Government of Pakistan or a Local Government in receipt of pay of less than Rs. 200 amonth, who, when serying in a civil capacity with a military force, sustains in consequence of that service serious detriment to his health not entitling him to a pension under Article 742, may be granted by the Government of Pakistan a special pension or gratuity fixed by them at their discretion with reference to

     (a)  the scale of wound and injury pensions and gratuities which would be applicable under Article 742, in his case.

     (b)  the severity and probable permanence of the disability, and

     (c)  the extent to which the disability may be merely an aggravation of one previously existing.

B. -CIVIL OFFICERS SERVING IN A MILITARY CAPACITY WITH A
MILITARY FORCE

744.    If a civil officer of Government who is a member of the Auxiliary Force, Pakistan, or the Pakistan Territorial Force, is called out on actual military service, or if a civil officer is otherwise serving in a military capacity with a military force in circumstances justifying his presence, he may elect, if wounded, injured or otherwise disabled as a direct result of such service, to be treated either under the conditions laid down in Articles 740-743 for a civil officer who is serving in a civil capacity with a military force, or under the military regulations governing his employment on military service. In the latter case, the award will be governed by his actual military rank. The election may be made at any time during the service or after it.

    Note-[If a civil officer serving in a military capacity with a military force elects to be treated under the conditions laid down in Articles 740-743, his pay, for the purpose of those Articles, shall be taken to be that which he would have drawn if he had remained in civil employ, the calculation being made according to the ” next-below ” rule where applicable. ]

745.    The family of a civil officer who loses his life through service in a military capacity with a military force will be treated according to the rules, civil or military, which the officer may have elected for himself, or, if no such election has been made, the family will be given the benefit of the rules, most favourable to them.

SECTION III. –WOUNDS, INJURIES, OR OTHER DISABILITIES SUSTAINED
OTHERWISE, THAN OR SERVICE WITH A
MILITARY FORCE

746. (1) The rules in this section provide the grant of a pension or a gratuity to an officer who is injured, and to the family of such an officer who is killed or dies of injuries received, in the execution of public duty in circumstances other than those specified in Section II.

    Note. -[Military personnel who receive wounds or injuries in the discharge of civil duties, and the families of those officers who die of such wounds or injuries, have no claim to injury gratuities and pensions under military rules and will be dealt with under the rules in this Section].

      (2) No gratuity or pension shall be sanctioned under this Section except after the necessary medical report and the report of the audit officer have been obtained, provided that if the officer lost his life in circumstances which render it impossible to procure a medical report, reliable evidence of the actual occurrence of death may be accepted in lieu thereof.

746-A. (a) When a claim for an extraordinary pension or gratuity under this Section arises, the head of the department or of the office in which the deceased or injured officer was employed will hold a formal inquiry, taking evidence as to-

       (i) the circumstances in which the injury was received or the life lost;

       (ii) in the case of a death the relationship and the pecuniary circumstances of the claimants.

     (b) He will then submit the case, with a statement of the circumstances, through the usual channel to the Local Government of Pakistan, as the case may be. The application should be in Form No. 25 in the case of an officer injured, and in Form No. 22 in the case of a deceased officer.

746-B. Except as provided below grants under this Section may be made only when injury or death is met in the performance of any particular duty which has the effect of increasing the officer’s liability to injury or death beyond the ordinary risk of the civil appointment held by him. No claims shall be admitted on account of loss of life or bodily injury resulting from an accident to which an officer may be liable under the ordinary conditions of civil life or in connection with the ordinary discharge of his duty.

    Note. -[The object of this rule is to limit the grant of a pension or gratuity under this Section strictly to the cases for which it is intended. It is obviously inexpedient for the Government to dispense charity in individual cases, or to do anything which might weaken the inducement to officers to secure proper provision for their families. All doubtful cases should be referred for the orders of the Government of Pakistan, who have been authorised to decide in such cases whether the conditions of this rule have been fulfilled with due regard to the principles laid down in it.

   It has been decided by the Governor-General that the performance of operations on venerea or septicaemic patients or the attendance by nurses or medical subordinates on such patient may be treated as duty involving extraordinary bodily risk. Any grant in accordance with this decision requires the sanction of the Government of Pakistan. ]

746-BB. Where a police officer is injured or killed whilst in the actual performance of, or in consequence of, his duty a gratuity or pension may, if the injury or death was intentionally inflicted or caused, be granted to him or to his family, as the case may be. on the scale prescribed in Article 746-C.

746-C. If, in the circumstances described in Article 746-B, it be decided to award a gratuity or pension to a. civil officer or his family, and the injury or death in respect of which the grant is to be made has been caused otherwise than on service with a military force, the amount and conditions of the award shall be those prescribed in Sub-section A of Section II above, except that the award shall be made without reference to the military rank which might under rule have been assigned to the officer in the field if he had been serving with a military force, or to his actual military rank if he is a Military officer in civil employ.

746-D. The Government of Pakistan have discretionary power to award extraordinary pensions or gratuities in special cases where the conditions of Article 746-B are not strictly fulfilled, as. for instance, when an officer is killed or injured in, or in consequence of, the due performance of his official duties, or because of his official position. Any case in which it appears to the Government of Pakistan that the claim to an extraordinary pension or gratuity is doubtful should be referred for the decision of the *President.

746-E. If in the circumstances described in Article 746-D, it be decided to award a pension or gratuity to a civil officer or his family, the amount of the award shall be fixed by the Government of Pakistan with reference to the character and service of the officer, the nature of the risk undergone and his conduct in accepting it, and the pecuniary circumstances and prospects of the claimant, the maximum award, being that which would be admissible in a corresponding case falling under Article 746-B. The form and conditions of the award shall ordinarily be the same as those prescribed for a corresponding case under that Article, but the Government of Pakistan may modify these at their discretion, eg., they may award an equivalent gratuity in lieu of pension, or vice versa if they think that this would be to the benefit of the recipient or desirable on grounds of administrative convenience.

747. Subject only to such conditions as they impose, the Government of Pakistan may grant to an officer who has been severely injured or has contracted a serious disease in the execution of public duty, or to the family of an officer who has died from the effects of such injury or disease, an extraordinary pension not exceeding Rs. 25 a month, or a gratuity not exceeding the equivalent of that amount or Rs. 1, 000, whichever may be greater.

   Note 1. [The power of the Government of Pakistan under this Article may be exercised by the Railway Division in respect of railway servants. ]

   Note 2. [A gratuity or pension may be granted under this Article to a village watchman or his family, even though he received no  pay from the State. ]

   Note 3. -[Superintending Engineers in the Public Works Department may be authorised by a Local Government to grant a gratuity under this Article read with Article 733, not exceeding Rs. 20 or two months’ pay, whichever is less, to a day labourer or mechanic injured, or to his representative if he is killed, in the execution of duty by causes beyond his control. ]

747-A. State Railway Servants. The following special rules apply in the case of State Railways servants who are injured, or the dependants of such servants who are killed, in the discharge of their duties, in accidents caused by the working of trains of railway engines, otherwise than through their own negligence or wilful action:
(1) An employee permanently disabled, while on duty may be awarned a. gratuity not exceeding 24 months’ emoluments, or, if his service is under 24 months, 12 months’ emoluments.

_____________________________
*Substituted for Governor General.

           (2)  The widow or dependants of a railway employee killed or during of injuries received while on duty may be awarded a gratuity not exceeding 24 months’ emoluments, or if his service is under 24 months, 12 months’ emoluments.

           (3)  An employee who sustains partial disablement as the result of a railway accident rendering him unfit for reversion to his former occupation, and for whom no other suitable employment can be found, may be awarded a gratuity not exceeding 12 months emoluments.

           (4)  For the purposes of rules (1), (2) and (3), ” emoluments ” shall be taken at (i) the average amount for the last 12 months’ service of the employee if his service is not less than 12 months and (ii) the average amount drawn during his whole service if it is less than 12 months.

           (5)  The gratuity admissible in any case is subject to a maximum of Rs. 15, 000.

    Note 1. -[Gratuities within the maximum limits mentioned in this Article may be sanctioned by the Railway Division in all cases. Agents of State Railways are authorised to sanction gratu-ties under this Article, provided that the grant in any single case shall not exceed Rs. 6, 000. ]

    Note 2. -[Officials of the Railway Mai! Service are eligible in the same way as State Railway servants under this Article for the grant of gratuities to those who may be injured, or to the representatives of those who may be killed, in railway accidents. For the purpose of this rule, the Director-Genera! of Posts and Telegraphs exercises powers similar to those exercised by Agent of State Railways in respect of State Railway servants. )

    Note 3. -[This Article applies to servants of railway companies working State lines. It does not apply to State Railway servants or companies’ servants injured or killed in railway accidents otherwise than in the discharge of their duties. In their case, as well as that of other Government servants injured or killed in railway accidents while travelling on civil duty, com-pensation is payable under the rules applicable to ordinary passengers. ]

748.     Cancelled.

749.     Cancelled,

CHAPTER XXXIX. …. Not Printed.
CHAPTER XL…………Cancelled.
CHAPTER XLI…………Not Printed.

 

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  1. Dear Sir

    Kindly guide me that it is updated or not ??

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