Chapter VI – Regulation of amount of Pension

Chapter VI – Regulation of amount of Pension

66.

Retirement on completion of 30 years qualifying service

67.

Retirement on completion of 20 years qualifying service

68.

Addition to qualifying service on voluntary retirement

69.

Amount of pension

70.

Retirement gratuity or death gratuity

71.

Persons to whom gratuity is payable

72.

Debarring a petson from receiving gratuity

73.

Lapse of death-cum-retirement gratuity

74.

Nomination

75.

Family Pension Scheme for Railway Servants, 1964

 

66.       Retirement on completion of 30 years qualifying service (1) At any time after a railway servant completed thirty years qualifying service

             (a)        he may retire from service; or 

(b)        he may be required by the appointing authority to retire in the public interest, and in the case of such retirement the railway servant shall be entitled to a retiring pension: 

            Provided that

                        (i)         a railway servant shall give a notice in writing to the appointing 
                                    authority at least three months before the date on which he wishes to 
                                    retire; and 

                        (ii)        to appointing authority may also give a notice in writing to a railway servant at least three months before the date on which he is required to retire in the public interest or three months’ pay and allowances in lieu of such notice:

             Provided further that where the railway servant giving notice under clause (i) of the first proviso is under suspension, it shall be open to the appointing authority to withheld permission to such railway servant to retire under this rule: 

            Provided also that the provisions of clause (a) of sub-rule (1) of this rule shall not apply to a railway servant, including Scientist of technical expert who is

(i)         on assignment under the Indian Technical and Economic Cooperation (ITEC) Program of the Ministry of External Affairs and other aid programs; 

(ii)        posted abroad in foreign based offices of the Ministries or Departments; 

(iii)       on a specific contract assignment to a foreign Government. 

unless after having been transferred to India, he has resumed the charge of the post in India and served for a period of not less than one year. 

            (2)        (a)        A railway servant referred to in clause (i) of the first proviso to sub-rule (1) may, make a request in writing to the appointing authority to accept notice of less than three months giving reason therefor; 

                        (b)        on receipt of a request under clause (a), the appointing authority may consider such request for curtailment of the period of notice of three months on merits and if it is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience, the appointing authority may relax the requirement of notice of three months on the condition that the railway servant shall not apply for commutation of a part of his pension before the expiry of the period of notice of three months. 

            (3)        A railway servant who has elected to retire under this rule and has given the necessary intimation to that effect to the appointing authority, shall be precluded from withdrawing his election subsequently except with the specific approval of such authority: 

            Provided that the request for withdrawal shall be within the intended date of his retirement. 

            Explanation: For the purpose of this rule, “appointing authority” means the authority which is competent to make appointments to the service or post from which the railway servant retires. 

67.       Retirement on completion of 20 years qualifying service: (1) At any time after a railway servant has completed twenty years’ qualifying service, he may, by giving notice of not less than three months in writing to appointing authority retire from service:

            Provided that this sub-rule shall not apply to a railway servant including Scientists or technical expert who is 

(i)         on assignment under the Indian Technical and Economic Cooperation (ITEC) Programme of the Ministry of External Affairs and other aid programmes; 

            (ii)        posted abroad in foreign based offices of the Ministries or Departments; 

(iii)       on a specific contract assignment to a foreign Government unless, after having been transferred to India, he has resumed the charge of a post in India and served for a period of not less than one year. 

            (2)        The notice of voluntary retirement given under sub-rule (1) shall require acceptance by the appointing authority: 

          Provided that where the appointing authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said period.
 

(3)        (a)      A railway servant referred to in sub-rule (1) may, make a request in writing to the appointing authority to accept notice of voluntary retirement of less that three months giving reasons therefore;

           (b)   On receipt of a request under clause (a), the appointing authority subject to the provisions of sub-rule(2), may consider such request for the curtailment of the period of notice of three months on merits and if it is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience, the appointing authority may relax the requirement of notice of three months on the condition that the railway servant shall not apply for commutation of a part of his pension before the expiry of the period of notice of three months.

(4)               A railway servant, who has elected to retire under this rule and has given the necessary notice to that effect to the appointing authority, shall be precluded from withdrawing his notice except with the specific approval of such authority: 

            Provided that the request for withdrawal shall be made before the intended date of his retirement.

            (5)        The pension and death-cum-retirement gratuity of the railway servant retiring under this rule shall be based on the emoluments as defined under rules 49 and 50 and the increase not exceeding five years in his qualifying service shall not entitle him to any notional fixation of pay for purposes of calculating pension and gratuity. 

            (6)        This rule shall not apply to a railway servant who retires from railway service for being absorbed permanently in an autonomous body or a public sector undertaking to which he is on deputation at the time of seeking voluntary retirement. 

            Explanation: For the purpose of this rule, "appointing authority" means the authority which is competent to make appointments to the service or post from which the railway servant seeks voluntary retirement. 

68.       Addition to qualifying service on voluntary retirement: (1) The qualifying service as on the date of intended retirement of the railway servant retiring under rule 66 or 67 of these rules or clause (k) of rule 1802 to 1804 of the Code, with or without permission, shall be increased by the period not exceeding five years, subject to the condition that the total qualifying service rendered by the railway servant does not in any case exceed thirty-three years and it does not take him beyond the date of superannuation. 

            (2)        The weightage of five years under sub-rule (1) shall not be admissible in cases of those railways in the public interest under clause (b) of sub-rule (1) of rule 66 of these rules or rules 1802 to 1804 of the Code. 

69.       Amount of pension  (1) In the case of a railway servant retiring in accordance with the provisions of these rules before completing qualifying service of ten years, the amount of service gratuity shall be calculated at the rate of half month’s emoluments for every completed six-monthly period of service. 

            (2)        (a)        In the case of a railway servant retiring in accordance with the provisions of these rules after completing qualifying service of not less than thirty-three years, the amount of pension shall be calculated at fifty percent of average emoluments subject to a maximum of rupees four thousand five hundred per mensem; 

(b)       in the case of a railway servant retiring in accordance with the provisions of these rules before completing qualifying service of thirty-three years, but after completing the qualifying service of ten years, the amount of pension shall be proportionate to the amount of pension admissible under clause (a) and in no case the amount of pension shall be less than rupees three hundred seventy five per mensem;

                        (c)        notwithstanding anything contained in clauses (a) and (b), the amount of invalid pension shall not be less than the amount of family pension admissible under sub-rule (2) of rule 75. 

            (3)        In calculating the length of qualifying service fraction of a year equal to three months and above shall be treated as a completed one half year and reckoned as qualifying service. 

            (4)        The amount of pension finally determined under clause (a) or clause (b) of sub-rule (2) shall be expressed in whole rupees and where the pension contains a fraction of a rupee it shall be rounded off to the next higher rupee. 

70.       Retirement gratuity or death gratuity: (1) (a) In the case of a railway servant, who has completed five years’ qualifying service and has become eligible of service gratuity or pension under rule 69, shall, on his retirement, be granted retirement gratuity equal to one-fourth of his emoluments for each completed six monthly period of qualifying service subject to a maximum of sixteen and one-half times the emoluments and there shall be no ceiling on reckonable emoluments for calculating the gratuity. 

(b)        If a railway servant dies while in service, the amount of death gratuity shall be paid to the family in the manner indicated in the Table below:  

TABLE

Length of qualifying service

Rate of gratuity

(i) Less than one year

2 times of emoluments

(ii) one year or more but less than 5 years

6 times emoluments

(iii) 5 years or more but less than 20 years

12 times of emoluments

(iv) 20 years or more

Half of emoluments for every completed six monthly period of qualifying service subject to maximum of thirty-three times emoluments provided that the amount of death gratuity shall in no case, exceed one lakh rupees.

 

            Provided that the amount of retirement gratuity or death gratuity payable under this rule shall in no case, exceed rupees one lakh. 

            Provided further that the amount of retirement or death gratuity as finally calculated shall be rounded to the next higher rupees. 

            (2)        If a railway servant, who has become eligible or a service gratuity or pension, dies within five years from the date of his retirement from service including compulsory retirement as penalty and the sums actually received by him at the time of his death on account of such gratuity or pension including ad-hoc increase, if any, together with the retirement gratuity admissible under sub-rule (1) and the commuted value of any portion of pension commuted by him are less than the amount equal to twelve times of his deficiency may be granted to his family in the manner indicated in sub-rule (1) of rule 71. 

            (3)        The emoluments for the purpose of gratuity admissible under this rule shall be reckoned in accordance with rule 49;

             Provided that if the emoluments of a railway servant have been reduced during the last ten months of his service otherwise than as a penalty the average emoluments as referred to in the 50 shall be treated as emoluments.

            (5)        For the purpose of this rule, rules 71, 73, 74 “family”, in relation to railway servant, means

                        (i)         Wife or wives including judicially separated wife or wives in the case of a male railway servant; 

(ii)        Husband including judicially separated husband in the case of a female railway servant; 

                        (iii)       Sons including step-sons and adopted sons; 

                        (iv)       Unmarried daughters including step-daughters and adopted daughters; 

                        (v)        Widowed daughters including step-daughters and adopted daughters; 

                              (vi)       Father including adoptive parents in the case of individuals whose personal law permits adoption;                       

(vii)      mother 

                              (viii)      brother below the age of eighteen years including step brothers; 

                        (ix)       unmarried sisters and widowed sisters including step sisters; 

                              (x)        married daughters; and 

                        (xi)       children of pre-deceased son. 

71.       Persons to whom gratuity is payable:(1)    (a) The gratuity payable under rule 70 shall be paid to the person or persons on whom the right to receive the gratuity is conferred by making a nomination under rule 74; 

                        (b)        If there is no such nomination made does not subsist, the gratuity shall be paid in the manner indicated below: - 

                                    (i)         If there are one or more surviving members of the family as in clauses (i), (ii), (iii) and (iv) of sub-rule (5) of rule 70, to all such members in equal shares; 

                                    (ii)        If there are no such surviving members of the family as in sub-clause (i) above, but there are one or more members as in clauses (v), (vi), (vii), (ix), (x) and (xi) of sub-rule (5) of rule 70 to all such members in equal shares. 

            (2)        If a railway servant dies after retirement without receiving the gratuity admissible under sub-rule (1) of rule 70, the gratuity shall be disbursed to the family in the manner indicated in sub-rule (1). 

            (3)        The right of a female member of the family, or that of a brother of a railway servant who dies while in service or after retirement, to receive the share of gratuity shall not be affected if the female member marries or re-marries or the brother attains the age of eighteen years, after the death of the railway servant and before receiving his or her share of gratuity. 

            (4)        Where the gratuity is granted under rule 70 to a minor member of the family of the deceased railway servant, it shall be payable to the guardian on the behalf of the minor. 

72.       Debarring a person from receiving gratuity: (1) If a person, who in the event of death of a railway servant while in service is eligible to receive gratuity in terms of rule 71, is charged with the offence of murdering the railway servant or for abetting in the commission of such an offence, his claim to receive his share of gratuity shall remain suspended till the conclusion of the criminal proceedings instituted against him. 

            (2)        If on the conclusion of the criminal proceedings referred to in sub-rule (1), the person concerned  

(a)        is convicted for the murder or abetting in the murder of the railway servant, he shall be debarred from receiving his share of gratuity which shall be payable to other eligible members of the family, if any, 

(b)        if acquitted of the charge of murdering or abetting in the murder of the railway servant, his share of gratuity shall be payable to him. 

            (3)        The provisons of sub-rules (1) and (2) shall also apply to the undisbursed gratuity referred to in sub-rule (2) of rule 71. 

73.       Lapse of death-cum-retirement gratuity Where a railway servant dies while in service; or after retirement without receiving the amount of gratuity and leaves behind no family, and

            (a)        has made no nomination or 

(b)        the nomination made by him does not subsist the amount of death-cum-retirement gratuity payable in respect of such railway servant under rule 70 shall lapse to the Government; 

            Provided that the amount of death gratuity or retirement gratuity shall be payable to the person in whose favour a succession certificate in respect of the gratuity has been granted by a Court of law. 

74.       Nomination  (1) A railway servant shall on his initial confirmation in a service or post, make a nomination in Form 4 or Form 5, as may be appropriate in the circumstances of the case, conferring on one or more persons the right to receive the death-cum-retirement gratuity payable under rule 70.           

            Provided that if at the time of making the nomination  

(i)         the railway servant has a family, the nomination shall not be in a favour of any person or persons other than the members of his family; or 

(ii)        the railway servant has no family, the nomination may be made in favour of a person or persons, or a body of individuals, whether incorporated or not. 

            (2)        If a railway servant nominates more than one person under sub-rule (1), he shall specify in the nomination the amount of share payable to each of the nominees in such manner as to cover the entire amount of gratuity. 

            (3)        A railway servant may provide in the nomination 

(i)         that in respect of any specified nominee who pre-deceases the railway servant, or who dies after the death of the railway servant but before receiving the payment of gratuity, the right conferred on that nominee shall pass to such other person as may be specified in the nomination; 

            Provided that if at the time of making the nomination the railway servant has a family consisting of more than one member, the person so specified shall not be a person other than a member of his family; 

            Provided further that where a railway servant has only one member in his family, and a nomination has been made in his favour, it is open to the railway servant to nominate alternate nominee or nominees in favour of any person or a body of individuals, whether incorporated or not; 

                        (ii)        that the nomination shall become invalid in the event of the happening 
                                    of the contingency provided therein. 

            (4)        The nomination made by a railway servant who has no family at the time of making it, or the nomination made by a railway servant under the second proviso to clause (i) of sub-rule (3) where he has only one member of his family shall become invalid in the event of the railway servant subsequently acquiring a family, or an additional member in the family, as the case may be. 

            (5)        A railway servant may, at any time, cancel nomination by sending a notice in writing to the authority mentioned in sub-rule (7): 

            Provided that he shall, along with such notice and a fresh nomination made in accordance with its rule. 

            (6)        Immediately on the death of a nominee in aspect of whom no special provision has been made the nomination under clause (i) of sub-rule (3) or on the occurrence of any event by reason of which the nomination becomes invalid in pursuance of clause (ii) of that sub-rule, the railway servant shall send to authority mentioned in sub-rule (7) a notice in writing canceling the nomination together with a fresh nomination made in accordance with this rule. 

            (7)        (a)        Every nomination made, and every notice of cancellation given by a railway servant under these rules, shall be sent by the railway servant to his Accounts Officer in the case of a gazetted railway servant and to the Head of his office in the case of non-gazetted railway servant. 

(b)        Immediately on receipt of a nomination from non-gazetted railway servant, the Head of Office shall countersign it indicating the date of receipt and keeping with him or other responsible officer nominated by him for this purpose, and a clear note made in the service record or service book, as the case may be, of the railway servant as to what nomination and related notices have been received from him and where they have been lodged for safe custody and an acknowledgement to the railway servant concerned confirming that the nominations made by him and the related notices have been duly received and placed on record shall invariably be sent to  every railway servant making or cancelling a nomination, by the Accounts Officer in the case of gazetted railway servants and by the Head of Office in the case of non-gazetted railway servants. 

Note: -     The power to countersign nominated form sent by non-gazetted railway servants may be delegated by the Head of Office to his subordinate gazetted officer. 

            (8)        Every nomination made, and every notice of cancellation given by a railway servant shall, to the extent that it is valid, take effect from the date on which it is received by the authority mentioned in sub-rule (7): - 

75.       Family Pension Scheme for railway servants, 1964: - (1) The provisions of this rule shall apply: - 

(a)        to a railway servant entering service in a pensionable establishment on or after the 1st January, 1964; and

 (b)        to a railway servant who was in service on the 31st December, 1963 and came to be governed by the provisions of the Family Pension Scheme for railway employees, 1964, contained in the Railway Board’s letter No. F (P) 63 PN-1/40 dated the 2nd January 1964 as in force immediately before the commencement of these rules. 

Note: -     The provisions of this rule have also been extended from 22nd September 1977, to railway servants on pensionable establishments who retired or died before the 31st December. 1963 and also to those who were alive on that date but had opted out of the 1964 Scheme. 

            (2)        Without prejudice to the provisions contained in sub-rule (3), where a railway servant dies

                        (a)        after completion of one year of continuous service, or 

(b)        before completion of one year of continuous service provided the deceased railway servant concerned immediately prior to his appointment to the service or post was examined by the appropriate medical authority and declared fit by that authority for railway service; 

(c)        after retirement from service and was on the date of death in receipt of pension, or compassionate allowance, referred to in Chapter V, other than the pension referred to in rule 53;

 the family of the deceased shall be entitled to a family pension 1964 (hereinafter in this rule referred to as family pension) the amount of which shall be determined in accordance with the Table below: -

TABLE 

Basic pay per month of railway servant

Rate of family pension per month inclusive of dearness relief upto average Consumer Price Index-608

(i) Not exceeding Rs 1500

30 percent of basic pay subject to a minimum of Rs. 375.

(ii) Exceeding Rs. 1500 but not exceeding Rs. 3000

15 percent of basic pay subject to a minimum of Rs. 450

(iii) Exceeding Rs. 3000

15 percent of basic pay subject to a minimum of Rs. 600 and a maximum of Rs. 1250

 

Explanation :  The expression “Continuous one year of service” wherever it occurs in this rule shall be construed to include “less than one year of continuous service” as defined in clause (b). 

            (3)        The amount of family pension shall be fixed at monthly rates and expressed in whole rupees and where the family pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee: 

            Provided that in no case a family pension in excess of the maximum specified under this rule shall be allowed.

(4)        (i)         (a)        Where a railway servant, who is not governed by the Workmen’s Compensation Act, 1923 (8 of 1923), dies while in  service after having rendered not less than seven years’  continuous service, the rate of family pension payable to the family shall be equal to fifty percent of the pay last drawn or twice the family pension admissible under sub-rule (2), whichever is less, and the amount so admissible shall be payable from the date following date of death of the railway servant for a period of seven years, or for a period upto the date  on which the deceased railway servant would have attained the age of sixty-five years had he survived, whichever is less. 

(b)        In the event of death of a railway servant after retirement, the Family Pension as determined under sub-clause (a) shall be payable for a period of seven years, or for a period upto the date on which the retired deceased railway servant would have attained the age of sixty-five years had he survived whichever is less. 

            That in no case the amount of family pension determined under sub-clause (b) of this clause should exceed the pension sanctioned on retirement from railway service: 

            Provided further that where the amount of pension sanctioned on retirement is less than the amount or family pension admissible under sub-rule (2), the amount of family pension determined under this clause shall be limited to the amount of family pension admissible under sub-rule (2). 

Explanation-      For the purpose of this sub-clause pension sanctioned on retirement includes the part of the pension which the retired railway servant may have commuted before death. 

(ii)        (a)        Where a railway servant, who is governed by the Workmen’s compensation Act, 1923 (8 of 1923), dies while in service after having rendered not less than seven years continuous service, the rate of family pension payable to the family shall be equal to fifty percent of the pay last drawn or one and a half times the family pension admissible under sub-rule (2), whichever is less. 

(b)        The family pension so determined under sub-clause (a) should be payable for the period mentioned in clause (i): 

            Provided that where a compensation is not payable under the aforesaid Act, the pension sanctioning authority shall send a certificate to the Accounts Officer to the effect that the family of the deceased railway servant shall be paid family pension on the scale, and for the period, mentioned in clause (i). 

                        (iii)       After the expiry of the period referred to in clause (i), the family, in receipt of family pension under that clause or clause (ii) shall be entitled to family pension at the rate admissible under sub-rule (2). 

            (5)        Where an award under the Railway Services (Extraordinary Pension) Rules, 1993 is admissible, no payment of family pension under this rule shall be authorised. 

            (6)        The period for which family pension is payable shall be as follows: - 

(i)         in the case of a widow or widower, up to the date of death or remarriage, whichever is earlier; 

(ii)        in the case of a son, until he attains the age of twenty five years; and 

(iii)       in the case of an unmarried daughter, until she attains the age of twenty five years or until she gets married, whichever is earlier: 

            Provided that if the son or daughter, of a railway servant is suffering from any disorder or disability of mind including mentally retarded or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of twenty-five years, the family pension shall be payable to such son or daughter for life subject to the following conditions, namely: - 

(a)        the family pension shall be paid to such  sons or daughters through the guardian as if he or she were a minor on the basis of guardianship certificate or the guardian appointed by a court except in the case of physically crippled son / daughter who has attained the age of majority. 

(Authority: - Notification vide letter no. F (E) III/94/PN-1/31 (Amendment) dated 3.2.95 SO No. 511)

 (b) before allowing the family pension for life to any such son or daughter, the   sanctioning authority shall satisfy that the handicap is of such, prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from Medical Board setting out, as far as possible, the exact mental or physical condition of the child;                    

(Authority: - Notification vide letter no. F (E) III/2008/PN 1/10 dated 22.10.08)

(c)      the person receiving the family pension as a guardian of such son or daughter  shall produce, once, if the disability is permanent, and once in every five years, if the disability is temporary, a certificate from a Medical Board to the effect that the son or daughter continues to suffer from disorder or disability of mind including mentally retarded or continues to be physically crippled or disabled.

         (Authority: - Notification vide letter no. F (E) III/2008/PN 1/10 dated 22.10.08)

(2)        A daughter shall become ineligible for family pension under this sub-rule from the date she gets married. 

(3)        The family pension payable to such a son or daughter shall be stopped if he or she starts earning his or her livelihood. 

(4)        In such cases it shall be the duty of the guardian to furnish a certificate to the Treasury or Bank, or Post Office (Authorised disbursement units for Railways), as the case may be, every month that (i) he or she has not started earning his or her livelihood; (ii) in case of daughter that she has not yet married; 

(d)       in the case of mentally retarded son or daughter, the family pension shall be payable to a person nominated by the railway servant or the pensioner, as the case may be, and in case no such nomination has been furnished to the Head of Office by such Railway servant or pensioner during his life time, to the person nominated by the spouse of such Railway servant or family pensioner, as the case may be , later on.

(e)       If the sons and unmarried daughters including sons and unmarried daughters suffering from disorder or disability of mind including mentally retarded are alive, the family pension shall be payable in the order of their birth irrespective of the sex of the child and the younger of him shall not be eligible for family pension unless the elder above him or her becomes ineligible for the grant of family pension. In cases, where the family pension is payable to twin children, the same shall be payable to such twin children in equal shares and in the event of any of such children ceasing to be eligible for family pension, his or her share of family pension shall not lapse but shall become payable to the other such child and when both such children become ineligible for family pension, the family pension shall become payable to the next eligible single child or twin, as the case may be. 

(Authority: Railway Board’s letter No. F(E)III/99/PN 1/(Modification) dated 23.5.2000)

            (7)        (i)         (a)       Where the family pension is payable to more widows than one, the family pension shall be paid to the widows in equal shares. 

                                    (b)        On the death of a widow, her share of the family pension, shall become payable to her eligible child: 

            Provided that if the widow is not survived by any child, her share of the family pension shall not lapse but shall be payable to the other widows in equal share, or if there is only one such other widow, in full, to her. 

                        (ii)        Where the deceased railway servant or pensioner is survived by a widow but has left behind eligible child or children from another wife who is not alive, the eligible child or children shall be entitled to the share of  family  pension  which the mother would have received if she been alive at the time of the death of the railway servant or pensioner: 

            Provided that on the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares not lapse but shall be payable to the other widow or widows or the other child or children otherwise eligible in equal shares, or if there is only one widow or child, in full, to such widow or child. 

(iii)  Where the deceased railway servant or pensioner is survived by widow but has left behind child or children from a divorced wife or wives, such child or children if they satisfy other conditions of the eligibility for payment of family pension shall be entitled to the share of family pension which the mother would have received at the time of  death of the railway servant or pensioner had she not been so divorced : 

            Provided on the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares shall not lapse but shall be payable to the other widow or widows or to the child or children otherwise eligible, in equal shares, or if there is only one widow or child, in full, to such widow or child.    

            (8)        (i)         Except as provided in clause (d) of sub-rule (6) and clause (I) of sub-rule (7), the family pension shall not be payable to more than one member of the family at the same time. 

                        (ii)        If a deceased railway servant or pensioner leaves behind a widow or widower, the family pension shall become payable to the widow or widower, failing which to the eligible child. 

            (9)        Where a deceased railway servant or pensioner leaves behind more children than one, the eldest child shall be entitled to the family pension for the period mentioned in clause (b) or clause (c) of sub-rule (6), as the case may be, and after the expiry of that period the next child shall become eligible for the grant of family pension. 

(10)           Where family pension is granted under this rule to minor, it shall be payable to the guardian on behalf of the minor. 

            (11)      In case both wife and husband are railway or Government servants and are governed by the provisions of this rule or corresponding provisions of the Central Civil Services (Pensions) Rule, 1972, and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of the death of husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, subject to the limits specified below, namely:- 

                        (a)        (i)         if the surviving child or children is or are eligible to draw two family pensions at the rate mentioned in sub-rule (4), the amount of both the pensions shall be limited to two thousand five hundred rupees per mensem;  

                                    (ii)        if one of the family pensions ceases to be payable at the rate mentioned in sub-rule (4), and in lieu thereof the pension at the rate mentioned in sub-rule (2), becomes payable, the amount of both the pensions shall also be limited to two thousand five hundred rupees per mensem; 

                        (b)        if both the family pensions are payable at the rates mentioned in sub-rule (2), the amount of two pensions shall be limited to one thousand two hundred fifty rupees per mensem. 

            (12)      Where a female railway servant or a male railway servant dies leaving behind a judicially separated husband or widow and no child or children, the family pension in respect of the deceased shall be payable to the person surviving: 

            Provided that where in a case the judicial separation is granted on the ground on the adultery and the death of the railway servant takes place during the period of such judicial separation, the family pension shall not be payable to the person surviving, if such person surviving was held guilty of committing adultery. 

            (13)      (i)         Where a female railway servant or male railway servant dies leaving behind a judicially separated husband or widow with a child or children, such family pension shall be payable to the person who is the actual guardian of such child or children. 

                        (ii)        Where the surviving person has ceased to be the guardian of such child or children, such family pension shall be payable to the person who is the actual guardian of such child or children. 

            (14)      (i)         If a person, who in the event of death of a railway servant while in service, is eligible to receive family pension under this rule, is charged with the offence of murdering the railway servant of for abetting in the commission of such an offence, the claim of such a person, including  other eligible member or members of the family to receive the family  pension, shall remain suspended till the conclusion of the criminal proceedings instituted against him. 

                        (ii)        If on the conclusion of the criminal proceedings referred to in clause (i), the person concerned 

                                    (a)        is convicted for the murder of or abetting in the murder of the railway servant, such a person shall be debarred from receiving the family pension which shall be payable to other eligible member of the family, from the date of death of the railway servant; 

(b)        is acquitted of the charge of murder of or abetting in the murder of the railway servant, the family pension shall be payable to such a person from the date of death of the railway servant. 

                        (iii)       The provisions of clause (i) and (ii) shall also apply for the family pension becoming payable on the death of a railway servant after his retirement. 

(15)      (i)         As soon as a railway servant enters railway service, he shall furnish details of his family in Form 6 to the Head of Office and if the railway servant has no family, he shall furnish the details in Form 6 as soon as he acquires a family. 

(ii)        It shall be the duty of the railway servant to communicate forthwith to the Head of Office any subsequent change in the size of his family including the fact of marriage of his or her female child. 

(ii A)   As and when the disability referred to in the proviso to sub-rule (6) manifests itself in a child which makes him/her unable to earn his/her living, the fact shall be brought to the notice of the Head of Office duly supported by a Medical Certificate from a Medical Board. After receipt of Medical Certificate, the Head of Office may indicate in Form 6 as to whether disability is permanent or temporary. As and when the claim for family pension arises, the legal guardian of the child shall make an application supported by a fresh Medical Certificate from a Medical Board that the child is still suffering from the disability.

(Authority: - Notification vide letter no. F (E) III/2008/PN 1/10 dated 22.10.08)

(iii)       (a)        In the case of a non-gazetted railway servant the Head of Office shall keep the form 6 in safe custody and make necessary additions and alterations in the form on the basis of subsequent information furnished by the railway servant and all the communications which a railway servant may address to the Head of Office in this behalf, shall be acknowledged by the Head of Office. 

(b)        In the case of a gazetted railway servant, the Head of Office shall pass on the details of family members as also any additions and, alterations thereto, to the Accounts Officer for keeping the same in safe custody. It shall be the duty of the Accounts Officer to keep these particulars upto date and to acknowledge the receipt of these communications. 

Explanation,- For the purposes of this sub-rule and sub-rule (6), "Medical Board" means a Medical Board consisting of a Medical Director or a Chief Medical Superintendent or Incharge of a Zonal Hospital or Division or his nominee as Chairperson and two other members, one of them at least shall be Specialist in the particular area of mental or physical disability. 

(Authority: - Notification vide letter no. F (E) III/2008/PN 1/10 dated 22.10.08)

            (16)      The ad-hoc increase in pension sanctioned in the Ministry of Railways’ letter No. F(P)63 PNI 32 dated the 21st October, 1963, as amended from time to time, shall not be payable to the family in receipt of family pension under this rule.             

(17)      -A military pensioner, who on retirement from military service, on retiring pension, service pension or invalid pension is governed for the grant of ordinary family pension by Army Instruction 2/S/64 or corresponding Navy or Air Force Instructions and is re-employed in a railway service or railway post before attaining the age of superannuation, shall for the purpose of eligibility for the family pension admissible under this rule or the family pension already authorised under the aforesaid Army / Navy / Air Force instruction, be governed as follows: - 

(i) If he dies while holding a railway post, his family shall be allowed family pension under these rules or the family pension authorized at the time of retirement or discharge from the military service, whichever is more advantageous to the family; 

(ii) if he has on appointment to a railway service or post, opted to retain military pension for the past military service: - 

(a) and retires from the railway re-employment without earning any pension therefore, his family shall be entitled to family pension as authorized at the time of his retirement / discharge  from military service;

(b) retires from railway re-employment after becoming eligible for pension therefor, he shall exercise an option at the time of applying for pension for railway service either to be governed by family pension under these rules or to avail of family pension benefits as authorized at the time of  his retirement / discharge from military service and the said option once exercised shall be final. 

(iii) if on appointment to a railway service or post, he has opted to surrender military pension and count the military service for railway pension, his family shall be entitled to family pension under these rules. 

(Authority: - Notification vide letter no. F (E) III/94/PN-1/31 (Amendment) dated 3.2.95  SO No. 511) 

            (18)      Family pension admissible under this rule shall not be granted to a person who is already in receipt of family pension or is eligible therefore under any other rules of the Central Government or a State Government or a Public Sector Undertaking Autonomous Body or Local Fund under the Central or a State Government: 

            Provided that a person who is otherwise eligible for family pension under this rule may opt to receive family pension under this rule if he foregoes family pension admissible from any other source. 

Provided further that family pension admissible under the Employees Pension Scheme, 1995, and the Family Pension Scheme, 1971, shall, however, be allowed in addition to the family pension admissible under these rules.

(Authority: F (E)III/2000/PN1/23 dt.18.10.2001)

            (19)      For the purpose of this rule  (a) “Continuous service” means service rendered in temporary or permanent capacity in a pensionable establishment and does not include            

                                    (i)         Period of suspension, if any, and 

                                    (ii)        Period of service, if any, rendered before attaining the age of eighteen years; 

                        (b)        “family”, in relation to railway servant, means

                                    (i)         wife in the case of a male railway servant or husband in the case of a female railway servant; 

                                    (ii)        a judicially separated wife or husband, such separation not being granted on the ground of adultery and the person surviving was not held guilty of committing adultery; 

                                    (iii)       son who has not attained the age of twenty-five years and unmarried daughter who has not attained the age of twenty five years, including such son and daughter born after retirement or adopted legally;

(Authority: - Notification vide letter no. F (E) III/94/PN-1/31 (Amendment) dated 3.2.95 SO No. 511)

                        (c)        “pay” means; 

                                    (i)         the emoluments as specified in clause (a) of rule 49, or 

                                    (ii)        the average emoluments as referred to in rule 50 if the emoluments of the deceased railway servant has been reduced during the last ten months of his service otherwise than as penalty: 

            Provided that the element of dearness allowances, which has been treated as dearness pay under the Railway Board’s letter No. PC III/79/DP/1 dated the 11th June, 1979, shall not be treated as pay for the purpose of this rule. 

            (20)      Nothing contained in this rule shall apply to: (a) a re-employed railway servant who had retired before the 1st January, 1964, from  

                                    (i)         railway service on retiring pension, or superannuation pension, or 

(ii)        military service on retiring pension, service pension or invalid pension, and who on the date of re-employment, had attained  the age of superannuation applicable to the post in which he is re-employed; 

                        (b)        a military pensioner who retired from military service on or after the  1st January, 1964 and who on the date of re-employment in a railway   service or a post had attained the age of superannuation applicable to  the post in which he is re-employed; 

(c)        a railway servant referred to in rule 53, who on absorption in a corporation or company wholly or substantially owned or controlled by the Government, or any other body, incorporated or not, is governed by the provisions of the family pension scheme of the corporation or company or body, as the case may be. 

            (21)      Dearness relief on pension or family pension  

(i)         Relief may be granted to the pensioners and family pensioners in the form of dearness relief at such rates and conditions as the Government may specify from time to time. 

(ii)        If a pensioner is re-employed under the Central or a State Government or a Corporation, Company, Body or Bank, he shall not be eligible to draw dearness relief on pension or family pension during the period of such re-employment. 

(iii)       Omitted

(Authority: Railway Board’s letter No. F(E)III/2003/PN1/25 dated 20.01.05)