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- Do's and Don'ts for Pension
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- List of Employees Retired but Pension Applications not Received
Superannuation Pension is granted to an officer entitled or compelled by rule to retire at a particular age [Art.225]
An officer shall retire compulsorily on his attaining the prescribed age which at present is 60 years in respect of all Government employees of State of Jammu & Kashmir. Retirement is effective from the afternoon of the last day of the month in which age of Superannuation is attained. However, an employee whose date of birth is the first of the month shall retire on afternoon of the last day of the Preceding month. [Art.226]
- Death on the day of retirement shall be treated as death while in service.
- Age of Superannuation at different points of time is as under:-
PERIOD | Age of Superannuation | who were in service on 10.10.1966 and were treated inferior as per Schedule-II of J&K Civil Services regulations Volume-II | |
---|---|---|---|
From | To | ||
Upto | 31.12.1986 | 55 Years | 60 years |
01.01.1987 | 31.05.2014 | 58 Years | 60 years |
01.06.2014 | Onwards | 60 Years | 60Years |
Retiring Pension:
A Government servant may voluntarily retire from service any time after completing 20 years/40completed six monthly periods of qualifying service or 45 years of age, provided that he shall give in this behalf a notice in writing to the appointing authority at least three months before the date on which he wants to retire. 1[Such an officer shall be granted five years addition to the qualifying service as may have put in by him on the date he wants to retire, provided that his past record of service has been clean in the opinion of the appointing authority. Where in any such case addition in qualifying service is granted, pensionary benefits will be calculated on the basis of service as he would have put in had he retired at the normal age of superannuation or the service put in including five years addition whichever may be earlier.]1 {Note: 1: Deleted vide SRO 217 of 2017 dated w.e.f 28/04/2017.}
Pension and/or Death-cum-retirement Gratuity etc. in respect of voluntary retirements on or after 1.4.1982 will be calculated on the assumed pay which the concerned would have drawn (in the scale held by him at the time of voluntary retirement) had he continued till the age of superannuation or for the service added to his qualifying service whichever be earlier. If in determining of the assumed pay there is an Efficiency Bar the same shall be deemed to have been crossed on the due date. [Art.230]
A Government servant who opts for voluntary retirement after twenty years of service will not be permitted to retire until after the fact the Government servant has completed 20 years qualifying service has been verified in consultation with the Accountant General.
A Government servant who has elected to retire voluntarily and given necessary intimation to that effect to the competent authority shall be precluded for withdrawing his election subsequently except with the specific approval of the authority competent to fill the appointment, provided his request for withdrawal is made within the intended date of retirement and he is in a position to establish that there has been a material change in the circumstances in consideration of which the notice was originally given.
Retirement becomes effective on the expiry of notice period, without awaiting appointing authority’s approval, unless the official is under suspension; or the permission for retirement is refused by the appointing authority before expiry of the notice period.
Pre-mature retirement: INVALID PENSION
Government may, if it is of the opinion that it is in the public interest to do so, require any Government servant other than the one working on a post which is included in Schedule-II to retire at any time after he has completed 22 years/44 completed six monthly periods of qualifying service or on attaining 48 years of age; provided that the appropriate authority shall give in this behalf a notice (in one of the prescribed Forms A and B prescribed as the case may be) to the Government servant at least 3 months before the date on which he is required to retire or 3 months of pay and allowance in lieu of such notice. Such a Government servant shall be granted pensionary benefits admissible under rules on the basis of qualifying service put in by him on the date of such retirement.
A Government servant who is retired immediately after allowing him pay and allowances in lieu of notice will be entitled to pension from the date of such retirement and the pension shall not be deferred till after the expiry of the three months for which he is paid pay and allowances. [Art. 226(2)]
An Invalid pension is awarded, on his retirement from the Government service to an officer who, by bodily or mental infirmity, is permanently incapacitated:-
For the Government service, or
- For a particular branch of it to which he belongs. [Art.215]
Pension on permanent absorption in or under a Corporation, Company or Body, owned or control or financed by the Government, if the absorption is permitted by the Government. Pension to employees absorbed on their own violation is granted under Government sanction.
If the Central autonomous Body, Central statutory Body, or a Central University has a pension scheme, the Government servant will have an option:-
- to receive pro rata retirement benefits; or
- continue to have the benefits of combined service under the Government and in the autonomous body
If he elects (b), the service rendered under Government will qualify for pension on retirement from these bodies.
Emoluments and Average Emoluments
The terms “emoluments” and “average emoluments” have primary significance in determination of pension/Service Gratuity and Retirement/Death Gratuity. Pension is normally based on average emoluments drawn during the last ten months of service whereas Gratuity is based on “emoluments”.
The term ‘emoluments’ for calculation of pensionary benefits other than ‘Retirement/Death Gratuity’ in respect of Government servants who retire or die while in service shall mean ‘basic pay’ as defined in Art.27(a) (i) of J&K Civil Services Regulations which a Government servant was in receipt of immediately before his retirement or on the date of his death as the case may be in the Revised Pay Scales effective from first January, 2006. [Art.241-B]
The average emoluments of those Government Servants who had drawn their pay in pre-revised as well as revised pay scales shall be calculated as under:-
- For the period during which pay was drawn in the pre-revised pay scales:
- The total emoluments for the number of months for which pay was drawn in the pre-revised scales shall be calculated after taking into account the following:
- Basic pay (including increments, if any, drawn during the intervening period)
- Dearness Pay i.e. 50% of Basic Pay
- D.A. @24% of (Basic Pay+ Dearness Pay) in the Pre-Revised Pay Scale
- 40% of the basic pay (in the pre-revised scale)
- For the period during which pay was drawn in the revised pay scales:-
The aggregate of the basic pay (Pay in Pay Band + Grade Pay) for the number of months for which pay was drawn in the revised pay scales. - From 01.07.2009 the pension is calculated as 50% of the Average Emoluments received for the last 10 months or 50% of the Last Pay Drawn whichever is more beneficial to the Govt Servant.
Amount of Pension
Minimum and Maximum amount of Pension are regulated as under from time to time in terms of various SROs issued by Finance Department of J&K and J&K CSRs vol I and II :-
Period of Retirement | Minimum Qualifying service for full pension | Minimum amount of pension per month | Maximum Amount of Pension per Month | |
---|---|---|---|---|
From | To | |||
01.04.1965 | 31.12.1975 | 30 years | Nil | 180 |
01.01.1976 | 31.03.1979 | 30 Years | Nil | 250 |
01.04.1979 | 31.03.1987 | 30Years | Nil | Slab Formula (50% of first 1000+ 45% of next 500 + 40% of balance amount) |
01.04.1987 | 31.03.1992 | 33 Years | 325 | 2850 |
01.04.1992 | 31.12.1995 | 33 Years | 375 | 3750 |
01.01.1996 | 31.03.2004 | 33Years | 1275 | 12500 |
01.04.2004 | 31.12.2005 | 33 Years | 1913 | 18750 |
01.01.2006 | 30.06.2009 | 33 Years | 3500 | 40000 |
01.07.2009 | 31.03.2011 | 30 Years | 3500 | 40000 |
01.04.2011 | 31.12.2015 | 28 Years | 3500 | 40000 |
01.01.2016 | 27.04.2017 | 28 Years | 9000 | 112500 |
28.04.2017 | Onwards | 20 Years | 9000 | 112500 |
[ Article 240 of J&K CSR VOl-I]
Additional Quantum of Pension for elderly Pensioners:-
Elderly Pensioners shall be paid additional pension at the age of 80,85,90,95 and 100 Years in relation to their basic pension at these ages as per following rates:-
Age of the Pensioner | Additional Quantum of Pension |
---|---|
80years or more but less than 85 years | 20% of the basic pension |
85years or more but less than 90 years | 30% of the basic pension |
90years or more but less than 95 years | 40% of the basic pension |
95years or more but less than 100 years | 50% of the basic pension |
100years or more | 100% of the basic pension |
SRO 138 of 2016 dated 25.04.2016]
Emoluments for Retirement Gratuity
The emoluments for the purpose of Retirement/Death Gratuity in respect of Government servants who may retire or die while in service on or after 1.1.2006 shall mean ‘basic pay’ as defined in Art.27 (a) (i) of J&K Civil Services Regulations which a Government servant was in receipt of immediately before his retirement/on the date of his death and shall also include dearness allowance admissible on the date of his retirement/death as the case may be.
The Minimum and Maximum ceiling of Retirement/Death Gratuity in respect of Government servants who may retire or die while in service at different points of time are as under:-
Period | Maximum times of Emoluments | Maximum emoluments reckonable for DCRG | Maximum Amount of DCRG | |
---|---|---|---|---|
From | To | |||
01.04.1965 | 31.12.1975 | 15 times | 1500 | 24000 |
01.01.1976 | 30.01.1982 | 16 times | 1800 | 25000 |
31.01.1982 | 30.03.1985 | 16 times | 2200 | 28000 |
31.03.1985 | 31.03.1987 | 16 times | 3500 | 40000 |
01.04.1987 | 31.03.1992 | 161/2 times | No limit | 80000 |
01.04.1992 | 31.03.1995 | 161/2 times | Do | 100000 |
01.04.1995 | 31.12.1995 | 161/2 times | Do | 250000 |
01.01.1996 | 31.12.2005 | 161/2 times | Do | 350000 |
01.01.2006 | 31.12.2015 | 161/2 times | Do | 1000000 |
01.01.2016 | Onwards | 161/2 times | Do | 2000000* |
*w.e.f 01.01.2016 maximum amount of DCRG will be increased by 25% whenever DA reached in multiple of 50 vide SRO 194 of 2018 [ Art.240-B and Art. 240 C]