Chapter V - Classes of Pensions and Conditions governing their Grant
51. Superannuation Pension-A superannuation pensions shall be granted to a railway servant who is retired on his attaining the age of compulsory retirement.
Note: As the 1st November, 1973, railway servants in Groups B, C and D service or posts, and as from the 1st April, 1974, railway servants in Group A service or posts, shall retire from the afternoon of the last day of the month in which their date of retirement according to rule 1801 of the Code falls, without prejudice to the provisions contained in rules 1802, 1803 and 1804 of the said Code.
52. Retiring Pension-A retiring pension shall be granted to a railway servant who retires, or has retired before attaining the age of compulsory retirement, in accordance with the provisions of rules 66 and 67 of these rules and rule 1802 of the code.
53. Pension on absorption in or under a corporation, company or body- (1) A railway servant who has been permitted to be absorbed in a service or post in or under a corporation or company wholly or substantially owned or controlled by the Central Government or a State Government or in or under a body controlled or financed by the Central Government or a State Government shall be deemed to have retired from service from the date of such absorption and subject to sub-rule (3), he shall be eligible to receive retirement benefits, if any, from such date as may be determined, in accordance with the orders of the Railway applicable to him.
(Authority: Railway Board's letter No. F(E)III/2003/PN1/25 dated 20.01.05)
Explanation: - Date of absorption shall be-
(i) In case a railway employee joins a corporation or company or body on immediate absorption basis, the date on which he actually joins that corporation or company or body;
(ii) In case a railway employee initially joins a corporation or company or body on foreign service terms by retaining a lien under the railways the date from which his unqualified resignation is accepted by the railways.
(2) The provisions of sub-rule (1) shall also apply to a railway servant who is permitted to be absorbed in joint sector undertakings, wholly under the joint control of Central Government and State Governments/Union Territory Administrations or under the joint control of two or more State Governments/Union Territory Administrations or under the joint control of two or more State Governments or Union Territory Administrations.
(3) Where there is a pension scheme in a body controlled or financed by the Central Government in which a railway servant is absorbed, he shall be entitled to exercise option either to count the service rendered under the railways in that body for pension or to receive pro-rata retirement benefit for the service rendered under the railways in accordance with the orders issued by the railways.
Explanation: - Body means autonomous body or statutory body.
"53 A. - Conditions for payment of pension on absorption consequent upon conversion of a Railway Department into a Central autonomous body or a public sector undertaking.-
(1) On conversion of a Department of the Railway into a public sector undertaking or an autonomous body, all railway servants of that Department shall be transferred en-masse to that public sector undertaking or autonomous body, as the case may be, on terms of foreign service without any deputation allowance till such time they get absorbed in the said undertaking or body, as the case may be, and such transferred railway servants shall be absorbed in the public sector undertaking or autonomous body, as the case may be, with effect from such date as may be notified by the Government.
(2) The Government shall allow, the transferred railway servants an option to revert to the railway or to seek permanent absorption in the public sector undertaking or autonomous body, as the case may be.
(3) The option referred to in sub-rule (2) shall be exercised by every transferred railway servant in such manner and within such period as may be specified by the Government.
(4) The permanent absorption of the railway servants as employees of the public sector undertaking or autonomous body shall take effect from the date on which their options are accepted by the Government and on and from the date of such acceptance, such employees shall cease to be railway servants and they shall be deemed to have retired from railway service.
(5) Upon absorption of railway servants in the public sector undertaking or autonomous body, the posts which they were holding in the Government before such absorption shall stand abolished
(6) The employees who opt to revert to railway service shall be re-deployed through the surplus cell of the Railway.
(7) The employees including temporary employees but excluding casual labourers, who opt for permanent absorption in the public sector undertaking or autonomous body, shall on and from the date of absorption be governed by the rules and regulations or bye-laws of the public sector undertaking or autonomous body, as the case may be.
(8) A permanent railway servant who has been absorbed as an employee of a public sector undertaking or autonomous body, as the case may be, shall be eligible for pensionary benefits on the basis of combined service rendered by him or her in the railways and in the public sector undertaking or autonomous body in accordance with the formula for calculation of pension or family pension under these rules as may be in force at the time of his retirement from the public sector undertaking or autonomous body, as the case may be or at his option, to receive pro-rata retirement benefits for the service rendered under the Railways in accordance with the orders issued by the Government.
(Railway Board's letter No. F(E)III/2003/PN1/1 dated 30.03.06)
Explanation.- The amount of pension or family pension of the absorbed employee on superannuation from public sector undertaking or autonomous body, as the case may be, shall be calculated in the same way as would be the case with a railway servant, retiring on superannuation, on the same day.
(9) The pension of an employee under sub-rule (8) shall be calculated on the basis of his last ten months' average pay.
(10) In addition to pension or family pension, as the case may be, the employees shall also be eligible to dearness relief as per industrial dearness allowance pattern.
(11) The benefits of pension and family pension shall be available to temporary
transferred railway servants after they have been confirmed in the public sector
undertaking or autonomous body.
(12) A permanent railway servant absorbed in a public sector undertaking or autonomous body, or a temporary railway servant who has been confirmed in the public sector undertaking or autonomous body subsequent to his or her absorption therein, shall be eligible to seek voluntary retirement after completing ten years of qualifying service with the Government and the autonomous body or public sector undertaking taken together, and he or she shall be eligible for prorata pensionary benefits on the basis of combined qualifying service.
(13) The Government shall create a Pension Fund in the form of a trust and the pensionary benefits of absorbed employees shall be paid out of such Pension Fund.
(14) The Member Staff, Railway Board shall be the Chairperson of the Board of Trustees which shall include representatives of the Ministries of Finance, Personnel, Public Grievances and Pensions, Labour, concerned public sector undertaking or autonomous body and their employees and experts in the relevant field to be nominated by the Government.
(15) The procedure and the manner in which pensionary benefits are to be sanctioned and disbursed from the Pension Fund shall be determined by the Government on the recommendation of the Board of Trustees.
(16) The Government shall discharge its pensionary liability by paying in lump sum as a one time payment to the Pension Fund the pro rata pension or service gratuity and retirement gratuity for the service rendered till the date of absorption of the railway servant in the public sector undertaking or autonomous body.
(17) The manner of sharing the financial liability on account of payment of pensionary benefits by the public sector undertaking or autonomous body shall be determined by the Government.
(18) Lumpsum amount of the pro rata pension shall be determined in accordance with the Table of the values in Appendix to the Railway Services (Commutation of Pension) Rules, 1993.
(19) The public sector undertaking or autonomous body, as the case may be, shall make pensionary contribution to the Pension Fund for the period of service to be rendered by the concerned employees under that undertaking or body at the rates as may be determined by the Board of Trustees so that the Pension Fund shall be self-supporting.
(20) If, for any financial or operational reason, the Trust is unable to discharge its liabilities fully from the Pension: Fund and the public sector undertaking or autonomous body is also not in a position to meet the shortfall, the Government
shall be liable to meet such expenditure and such expenditure shall be debited to either the Fund or to the public sector undertaking or autonomous body, as the case may be.
(21) Payments of pensionary benefits of the pensioners of a railway department on the date of conversion of it into a public sector undertaking or autonomous body shall continue to be the responsibility of the Government and the mechanism for sharing its liabilities on this account shall be determined by the Government.
(22) Upon conversion of a railway department into a public sector undertaking or autonomous body '--
(a) the balance of provident fund standing at the credit of the absorbed ' employees on the date of their absorption in the public sector undertaking or autonomous body shall with the consent of suchundertaking or body, be transferred to the new provident fund account of the employees in such undertaking or body, as the case may be;
(b) leave on average pay and leave on half average pay at the credit of the employees on the date of absorption shall stand transferred to such undertaking or body, as the case may be;
(c) the dismissal or removal from service of the public sector undertaking or autonomous body of any employee after his or her absorption in such undertaking or body for any subsequent misconduct shall not amount to forfeiture of the retirement benefits for the service rendered under the railways and in the event of his dismissal or removal or retrenchment, the decisions of the undertaking or body shall be subject to confirmation by the Ministry of Railways.
(23) In case the Government disinvests its equity in any public sector undertaking or autonomous body to the extent of fifty-one per cent or more, it shall specify adequate safeguards for protecting the interests of the absorbed employees of such public sector undertaking or autonomous body.
(24) The safeguards specified under sub-rule (23) shall include option for voluntary retirement or continued service in the undertaking or body, as the case may be, or voluntary retirement benefits on terms applicable to railway servants or employees of the public sector undertaking or autonomous body as per option of such servants or employees, assured payment of earned pensionary benefits with relaxation in period of qualifying service, as may be decided by the Government.
(Railway Board's letter No. F(E)III/2003/PNI/1 dated 10-03-05)
(Authority: Railway Board's letter No. F(E)III/2003/PN1/25 dated 20.01.05)
55. Invalid Pension- (1) Invalid pension may be granted to a railway servant who retires from service on account of any bodily or mental infirmity, which permanently incapacitates him for the service.
(2) A railway servant applying for an invalid pension shall submit a medical certificate, from a duly constituted medical authority, of his permanent incapacity for service due to bodily or mental infirmity.
(3) Where the medical authority referred to in sub-rule (2) has declared a railway servant fit for further service of less laborious character than that which he had been doing he should, provided he is willing to be so employed, be employed on a lower post and if there be no means of employing him even on a lower post, he may be admitted to invalid pension.
(4) A railway servant may, if he considers that he is not in a fit state of health to discharge his duties, apply to the appropriate authority for retirement on invalid gratuity or pension.
56. Rules regarding medical certificate-The medical certificate for incapacity shall be certified by the medical authority as under: -
(i) If the railway servant is serving abroad or is on leave out of India, by a Medical Board to be convened for the purpose by the concerned India Mission abroad which shall consist of a physician, a surgeon and an ophthalmologist all of whom shall have consultant status and are drawn from the doctors approved for the mission concerned:
Provided that a lady doctor shall be included as a member of such Medical Board whenever a female railway servant is to be examined.
(ii) If the railway servant is in India
(a) by the Medical Officer incharge of the District or Division if the railway servant holds a Group D or Group C post but whose pay does not exceed seven hundred and fifty rupees per mensum.
(b) in all other cases by a Medical Board consisting of three District or Divisional Medical Officers, each in Senior Scale, but if this is not feasible, one or two members may be the Chief Medical Officer or the Civil or Presidency Surgeon or a specialist on the staff of a recognised Medical Institution but as far as possible one of the member of such Board shall be a physician another a surgeon and the third being a specialist in the required lines..
Note:- An Assistant Medical Officer in independent charge of a District or Division may be co-opted as a member of the Medical Board, in case there is any difficulty in constituting the Board of three Senior Scale/Medical Officers:
Provided that if the railway servant is posted at Delhi or New Delhi in the Railway Board or in the Railway Liaison Office and is governed by the Civil (not Railways) Medical rules, the medical authority will be such as the Chairman or the Central Standing Medical Board, Dr. Ram Manohar Lohia Hospital or Safderjang Hospital, New Delhi, may determine unless the medical examination is to be conducted at a place other than Delhi or New Delhi, in which case the medical authority shall be such as the Head of the Department may determine.
57. Conditions regarding grant of medical certificate (1) Save where he is on leave out of India, no railway servant shall apply for a medical certificate of incapacity and no such certificate shall be granted unless: -
(i) the applicant produces a letter to show that the Head of his office or Department is aware of his intention to appear before the Medical authority; and
(ii) the medical authority is informed about the age of the applicant as recorded in his Service Book or history of services and is supplied with statement of the leave taken by him during the three years immediately preceding, and of the history of the medical case and the treatment adopted, as far as possible.
58. Statement giving grounds for retirement: When it is proposed to retire a railway servant, on an invalid gratuity or pension on account of general disability while he is still under fifty-eight years of age, the appropriate authority under whom he is working shall forward to the medical authority an additional statement giving the grounds on which it is proposed to retire him.
59. Form of medical certificate: The medical certificate shall be in the following form:
Certified that I/We have carefully examined AB son of CD --------------------- a in the --------------------- his age is by his own statement, is --------------------- years, and by appearance about --------------------- years.
I/We consider --------------------- AB to be completely 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 the result of irregular or intemperate habits, the following will be substituted for the last sentence: -
In my/our opinion his incapacity is directly has been due to accelerated or aggravated by irregular intemperate habits.
(If 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 the opinion that --------------------- AB is fit for further service of a less laborious character than that which he has been doing (or may, after resting for -----------------months be fit for further service of a less laborious character than that which he has been doing).
60. Reasons for medical opinion of incapacity or under statement of age �If the medical authority considers a railway servant incapacitated for further service by general debility while still under the age of fifty-eight years, it shall give detailed reasons for its opinion. If the medical authority considers him to be above fifty-eight years, it shall state its reasons for believing the age to be understated:
Provided that in doubtful cases, a second medical opinion shall be obtained.
61. Requirement of details in the certificate: A mere certificate that inefficiency is due to old age or natural decay from advancing years shall not be deemed to be sufficient for retiring a railway servant on invalid gratuity or pension.
62. Date of invalidation: A railway servant, who is declared by the medical authority referred to in rule 55 to be completely and permanently incapacitated for further service shall, if he is on duty, be retired from service from the date of relief of his duties which shall be arranged without delay on receipt of a report from the medical authority or if, he is granted leave under rule 522 of the Code on the expiry of such leave but if he is on leave at the time of receipt of the medical certificate, he shall be retired from service on the expiry of such leave or extension of leave if any granted to him under rule 522 of the said code.
63. Compensation Pension: (1) If a railway servant is selected for discharge owing to the abolition of his permanent post, he shall, unless he is appointed to another post the conditions of which are deemed by the authority competent ot discharge him, to be at least equal to those of his own have the option
(a) of taking compensation pension to which he may be entitled for the service he had rendered, or
(b) of accepting another appointment on such pay as may be offered and continuing to count his previous service for pension.
(2) (a) Notice of at least three months shall be given to a railway servant in permanent employment before his services are dispensed with on the abolition of his permanent post.
(b) Where notice of at least three months is not given to the railway servant and he has not been provided with other employment on the date on which his services are dispensed with, the authority competent to dispense with his services, may sanction the payment of a sum not exceeding the pay and allowances for the period by which the notice actually given to him falls short of three months.
(c) No compensation pension shall be payable for the period in respect of which he received pay and allowances in lieu of notice.
(3) In case a railway servant is granted pay and allowances for the period by which the notice given to him falls short of three months and he is re-employed before the expiry of the period for which he has received pay and allowances he shall refund the pay and allowances so received pay and allowances he shall refund the pay and allowances so received for the period following his re-employment.
(4) If a railway servant who is entitled to compensation pension accepts instead another appointment under the railways and subsequently becomes again entitled to receive a pension of any class, the amount of such pension shall not be less than what he could have claimed if he had not accepted the appointment.
64. Compulsory retirement pension: (1) A railway servant compulsorily retired from service as a penalty may be granted, by the authority competent to impose such penalty, pension or gratuity, or both at a rate not less than two-thirds and not more than full compensation pension or gratuity, or both admissible to him on the date of his compulsory retirement.
(2) Whenever, in the case of a railway servant the President passes an order (whether original, appellate or in the exercise of power of review) awarding a pension less than the full compensation pension admissible under these rule, the Union Public Service Commission shall be consulted before such order is passed.
Explanation In this sub-rule, the expression "pension" includes "gratuity".
(3) A pension granted or awarded under sub-rule (i) or, as the case may be, under sub-rule (2), shall not be less than three hundred seventy five rupees per mensem.
65. Compassionate allowance: (1) A railway servant who is dismissed or removed from service shall forfeit his pension and gratuity:
Provided that the authority competent to dismiss or remove him from service may, if the case is deserving of special consideration, sanction a compassionate allowance not exceeding two-thirds of pension or gratuity or both which would have been admissible to him if he had retired on compensation pension.
(2) A compassionate allowance sanctioned under the proviso to sub-rule (1) shall not be less than three hundred seventy five rupees per mensem.