(i) Ordinances of OM No. 38/37/08-P&PW/(A) of this Division of 1.9.2008 revising the pension/family pension of family pensioners/pensioners before 2006 w.e.f. 01.01.2006. Paragraph 4.1 of this MO provided that the pension/family pension of pensioners before 2006 would be revised by consolidating the pre-revised pension/family pension, the love pension, the relief and the adjustment benefit. 8. All ministries/departments are requested to amend the pension/family pension w.e.f. 01.01.1996, 01.01.2006 and 01.01.2016 (if applicable) in respect of pensioners who have been subject to a compulsory old-age pension or compassionate supplement. 2. An official applying for an invalidity pension must present a medical certificate of incapacity issued by the following medical authority: (1) An official dismissed on standby duty may be granted a rate of at least two thirds and a maximum of 1 [full compensatory pension] or a gratuity or both by the authority responsible for imposing that penalty, pension or bonus, or both, that of him on the day of his forced retirement. The provisions relating to the age or conditions of retirement may provide that a staff member must be forcibly retired when he reaches a certain age or after the expiry of a certain period of service. In all these cases, retirement is automatic and, unless the competent authority issues specific orders to the contrary, a government official must retire on the due date. It is the responsibility of the administrative authorities concerned to ensure that the officials they supervise retire.
The date of the compulsory retirement of a staff member is known in advance and should not be the fact that he has not made the arrangements in advance for his or her release and all the formalities required on that behalf. To that end, the authorities concerned should keep appropriate records of the retirement date of officials working among them and take the necessary appropriate measures for their retirement on the due dates. At the same time, an official cannot use the non-receipt of formal orders concerning his exoneration, etc., to say that he has obtained an extension of service. Of course, if the government representative wants to take a leave in preparation for retirement, he will ask for it in time. If this is not the case, he must notify his immediate superior that he reaches retirement age or ends the period of service after which he must retire. Unless he receives specific orders to continue his duties, he should transfer the fee on the due date to the Head of the Office (or to an official he will appoint) or, if he is himself the Head of the Office, to the next senior official of the Office, who would normally be responsible for the management of the Office in his absence. (3) Presentation of the fee on public holidays. – 1. A question was raised regarding the procedure for relinquishing office in the case of a government employee who retires if the day of retirement happens to be a closed holiday.
Since a government employee retires from service with effect from the afternoon of the last day of the month in which his or her retirement date falls, a government employee who retires should officially resign from duty on the afternoon of that day, even if it is a closed holiday. Provided that the authority responsible for his dismissal or dismissal may, in particular in the present case, impose compassion for a compassionate amount not exceeding two-thirds of the pension or remuneration, or both, to which he would have been entitled if he had retired at the age of 1 year [compensatory pension]. 4. Where a civil servant entitled to a compensatory pension instead accepts another appointment with the Government and is subsequently entitled to a pension of any kind, the amount of that pension may not be less than the compensatory pension to which he would have been entitled if he had not accepted the appointment. (ii) paragraph 4.2 of OM No 38/37/08-P&PWV(A) of that division of 1.9.2008 and of O.M. No 38/37/08-P&PW(A)(pt.1) of 03.10.2008 also provided that the determination of the family pension/pension would in no case be less than 50 % / 30 % of the minimum wage in the salary group plus the grade, that of the pre-revised salary scale from which the retiree had retired. (i) With om no. 37/38/2016-P&PW/(A) of this department of 12.05.2017, the orders for the revision of the pension/family pension of family pensioners/pensioners before 2016 w.e.f. 01.01.2016 were issued by fictitious determination of salary on 01.01.2016. 2. The provisions of Sub-Rule (1) shall also apply to central government staff who may be admitted to undertakings in the common sector which are entirely under the joint control of the central administration and the governments/administrations of the States of the territory of the Union or under the joint control of two or more State governments/territorial administrations of the Union. (2) No special provision is required for retirement on the due date.
– The question has been raised as to whether an official`s retirement takes place automatically on the day on which he reaches retirement age or whether specific orders from a competent authority indicate the date on which he is to retire. (iv) OM No. 38/37/08-P&PW/(A) of this Division of 22.07.2011 clarified that the benefit of point 4.2 of the OM of 01.09.2008 is not applicable in the event of a revision of the pension/family pension for pensioners receiving a compulsory old-age pension and a compassionate care allowance in accordance with Rules 40 and 41 of the CCS Regulation (Pension Regulation). 1972. A pension is granted to a public servant who retires when he reaches the mandatory retirement age. (iii) Instructions in accordance with the OM number. 45/10/98-P&PW(A) of this division of 17.12.1998, according to which the revised consolidated family pension/pension referred to in paragraph (i) above is increased to 50% / 30% of the minimum wage in the revised salary table of 01.01.1996, according to the scale held by the pensioner at the time of retirement/death. 6.
The amount of the family pension calculated in accordance with the above-mentioned COMMITTEE is in no way reduced, even in cases where the amount of the initial old-age pension/compulsory compassionate care allowance was less than the full pension.