DOP&PW Order – Grant of Invalid Pension under Rule 38 of the Central Civil Services (Pension) Rules, 1972 – Clarification
No.21 /01/2016-P&PW(F)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Pension & Pensioners’ Welfare)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Pension & Pensioners’ Welfare)
New Delhi, the 12th February, 2019
OFFICE MEMORANDUM
Sub :- Grant of Invalid Pension under Rule 38 of the Central Civil Services (Pension) Rules, 1972 – Clarification regarding
The undersigned is directed to say that
Rule 38 and Rule 49 of the Central Civil Services (Pension) Rules, 1972
have been amended vide Notification No. 21/1/2016-P&PW(F) dated 4th
January, 2019 (copy enclosed). The proviso to the amended Rule 38 of the
CCS(Pension) Rules provides that a Government servant_ who retires from
service on account of any bodily or mental infirmity which permanently
incapacitates him for the service before completing qualifying service
of ten years, may also be granted invalid pension in accordance with
sub-rule (2) of rule 49, subject to the conditions that the Government
servant:
(a) was examined by
the appropriate medical authority either before his appointment or after
his appointment to the service or post and was declared fit by that
authority for Government sell/ice, and
(b) fulfils all other conditions mentioned in this rule for grant of invalid pension.
2. In this connection, it is clarified
that the condition of qualifying service of ten years for grant of
pension under Rule 49(2) of the CCS (Pension) Rules, 1972 shall not be
applicable in the case of a Government servant retiring on Invalid
Pension on account of any bodily or mental infirmity, under Rule -A.
Accordingly, Invalid Pension at the rate of 50% of emoluments or average
emoluments, whichever is more beneficial, subject to a minimum of nine
thousand rupees per mensem and maximum of one lakh twenty five thousand
rupees per mensem, shall be payable to a Government servant who retires
under Rule 38 of CCS (Pension) Rules, 1972 even before completing a
qualifying service of ten years.
3. All Ministries/Departments are
requested that the above clarification ma) be brought to the notice of
Fiends of Department, Attached and Subordinate Offices, Controllers of
Accounts. Pay & Accounts Offices. etc, under them.
4. Hindi version will follow,
(Harjit Singh)
Director
Signed CopyDirector