CHAPTER I Section I – General Rules
(b) These rules shall be deemed to have come into force with effect from 14th November 1966 unless otherwise specified in the relevant rules.
(i)serve upon the pensioner a notice specifying the action proposed to be taken against him and the ground on which it is proposed to be taken and calling upon him to submit within fifteen days of the notice or such further time not exceeding fifteen days as may be allowed, his explanation for such misconduct.(ii)take the explanation, if any, submitted by the pensioner under sub clause (i) into consideration.
In this rule, the expression “serious crime” includes a crime involving an offence under the Official Secrets Act, 1923 (19 of 1923) and the expression “grave misconduct” includes the communication or disclosure of any secret official code or password or any sketch, plan, model, rule note, document or information, such as is mentioned in section 5 of the said Act (which was obtained while holding office under the Government) so as to prejudicially affect the interest of the general public or the security of the State.
(i) shall not be instituted save with the sanction of the Government;(ii) shall not be in respect of any event which took place more than four years before such institution; and(iii) shall be conducted by such authority and in such place as the Government may direct and in accordance with the procedure applicable to departmental proceeding in which an order of dismissal from service could be made in relation to the employee during his service;
(a) a departmental proceeding shall be deemed to be instituted on the date on which the statement of charges is issued to the employee or pensioner or if the employee has been placed under suspension from an earlier date, on such date; and(b) a judicial proceeding shall be deemed to be instituted¬
(i) in the case of a criminal proceeding, on the date on which the complaint or report of police officer on which the Magistrate takes cognizance, is made, and(ii) in the case of a civil proceeding, on the date of presentation of the plaint in the Court.
The liabilities of an employee should be quantified either before or after retirement and intimated to him before retirement # if possible or after retirement within a period of three years on becoming pensioner. The liabilities of pensioner should be quantified and intimated to him.
(1)The words ‘pension admissible’ referred to in this rule is the ‘pension admissible’ before commutation.(2)In the event of death of the pensioner during the course of recovery specific sanction of Government is required to waive recovery of the balance amount outstanding.
Section II
Cases in which claims are inadmissible
(a)When an employee is appointed for limited time only, or for specific duty, on the completion of which he is to be discharged(b) When a person’s whole time is not retained for the public service, but he is merely paid for work done for the State.(c) When a person is employed temporarily on monthly wages without specified limit of time or duty.(d) When an employee holds some other pensionable office, he earns no pension in respect of an office of the kind mentioned in clause (b) or in respect of duties paid for by local allowance.
(i)On receipt of the orders of the competent authority removing / dismissing an employee from service for misconduct, insolvency or inefficiency the Head of the office, if he proposes to recommend the grant of a compassionate allowance, should fill in the first page of the application for pension in Form 2 and send it to the Audit Officer concerned for report on the title to the compassionate allowance. The Head of the Office should not wait for an application from the employee.
(ii)If the competent authority in issuing orders of removal / dismissal states that a certain proportion of pension is to be granted as compassionate allowance, no further sanction to compassionate allowance is necessary and all that is required is that the Audit Officer should certify to the admissibility of compassionate allowance on a pension application completed and signed by the Head of the office as provided above.
COMPULSORY RETIREMENT
AS A PENALTY
7. Limitation:—
8. Military Service –
War service mentioned in :
(A) Part II R8
(B) Part IR 8
(C) Part III R8
(D) Part III R 18
Correct Answer:-Option: (C) Part III R8
(a) An employee transferred or discharged from military service of the former State of Travancore or Cochin or Travancore –Cochin which was pensionable or non-pensionable according to the rules at the time of such transfer or discharge shall be allowed to count such service for pension provided he remits to Government the mustering out concessions, if any, received by him. The service of those who were discharged on punishment shall not count for pension.
Note 1:– In respect of persons formerly in the State Forces and transferred to State Civil Service their service prior to 1st April 1950 alone shall be counted for pension. In respect of those discharged after 1st April 1950 and appointed to civil posts under the Government the above rule shall apply only in the case of retirements on or after 5th June 1963. If in their cases the retirement was prior to 5th June 1963, State Force Service prior to 1st April 1950 alone shall be counted.
Note 2:– †The service in the State Force of Ex-State Force Service personnel who are in receipt of military pension shall not be reckoned for civil pension.
Government Decision No.1
The refund of mustering out concessions (if any, not refunded previously) will be effected by adjustment from the gratuity due for Civil Service including the Ex-State Force Service.
Government Decision No.2
The details of service rendered in respect of which the mustering out benefits were granted and the refund of the concession should be noted in the Service Book of the employee by the pension sanctioning authority of the Civil Department.
(b) Persons who have rendered “War Service” as members of His Majesty’s Forces and have been appointed to civil posts, in war reserved and other vacancies, which arose before the 1st January, 1948 shall be allowed to count their satisfactory whole – time service . * [Whether pensionable or not] in His Majesty’s Forces rendered between the 3rd September, 1939 (or the date of their attaining the minimum age of entry into the service or post to which they are appointed whichever is later) and the 1st April 1946, for purposes of pension, up to a maximum of five years, provided that the service gratuity, if any, received from the Defence Department for the war service is refunded to Government.
The pensionary liability in this regard, will be allocated as laid down in para 14 of section B (IV) of Appendix III to the Kerala Account Code, Vol. 1
Government Decision No. 1
For giving the benefit of Rule 8 (b) the Heads of Offices will follow the procedure given below:
The Heads of Offices where the war service candidates are employed, will obtain the prescribed verification certificate (duly countersigned by the concerned Defence Accounts Officer) and make necessary entries in the Service Books of the war service candidates on the basis of such verification certificates. The verification certificates will also be filed in the Service Books. The details regarding the refund of service gratuity, if any, shown as having been paid to the employees in the verification certificates of Defence Accounts Officer will also be noted in the Service Books after refunding the amount to the credit of the state Government.
The Heads of Offices will address the following authorities for the verification certificate in the form appended with suitable modifications to suit their requirements:
(a) | (i)Ex-Army Officers
(ii)Medical Officers |
A.G/s Branch/Org.3(BR and C) (d) Army Headquarters,DHQ.P.O.,New Delhi – 11.
|
(b) | Ex-Naval Officers | Personal Service Directorate (Naval Appointments) Naval Headquarters, DHQ. P.O.,New Delhi-11 |
(c) | Ex-Air Force Officers | Directorate of Personnel (Officers) P.Q.2 Air Headquarters, DHQ. P.O.,New Delhi-11. |
(d) | J.C. Os or and N.C.S.E. of the Indian Army | The respective record office as indicated in the discharge certificate of the individual concerned. |
(e) | C.P.O., Petty Officers and Sailors of the Navy | The Captain, Naval Barrak (Drafting Office),Bombay |
(f) | M.W. Os, W. Os., N.G. Os. and Airmen of the Air Force | Directorate of Personnel (Airmen)Air Headquarters,Vayu BhavanDHQ., P.O.,New Delhi – 11. |
FORM
Certificate of verification Military Service of No.………Rank………..…Name ………………..Unit………………………….…………….Re-enrolled in the ……………………………………………as……from…………..
The information required for verification of War/Military Service for the purpose of counting towards civil pension under Rule 8 (b) of the Kerala Service Rules, Part III is given as under:
- Date of birth, or the nearest age on enrollment in the Army/Navy/Air Force if the former is not known.
- Date of enrollment in the Army/Navy/ Air Force
3.Date of discharge
4.Period of reserve service, if any
5.Whether the Military service was non-pensionable / pensionable under the military rules but terminated on or before pension was earned in respect thereof
6.Whether he was entitled to a service gratuity and if so, how much.
7.Whether the gratuity was drawn and is refundable to the Defence Service estimates (if the service is allowed to count for civil pension)
8.If the individual is in receipt of disability pension –
(a)had he earned an ordinary service pension for his qualifying service
(b)had he only earned a service gratuity in lieu of which a service element of disability pension has been granted to him. If so, what was the amount of service gratuity
9 Whether he was paid from the Indian Revenue throughout
10 Whether the pensionary contribution has been recovered and credited to Indian Revenues for the period of his service out of India
- Whether the whole period of service is covered by Rule 8 (b) of Part III, K.S.Rs.
12 Non-Qualifying service, if any From to
13 Period of satisfactory paid Military Service From to
14 Whether the Military Service was superior or inferior
- Length of war service From to
16 Amount of Service gratuity paid for the period of War Service indicated in the preceding item.
17 Amount of Service gratuity paid for the period of War Service
18 Period and nature of leave (other than casual leave) availed of during Military Service
Station:
Date: Signature of the Record Officer Concerned
Station:
Date: Countersigned Controller of Defence Account
Government Decision No.2
There is no intention to deny the concession of counting war service to those who could not join duty prior to 1st January 1948 provided the other conditions relating to the grant of the concession are satisfied.
Government Decision No.3
The benefit of rule 8 (b) will be extended to those appointed against vacancies that arose on or after 1st January 1948 subject to the following conditions:¬
(i)Break between war service / military service and civil service will be automatically condoned for pension purposes irrespective of the duration of break, but the period of break will under no circumstances be reckoned as qualifying service for pension.
This Government Decision will be deemed to have come into force with effect from 1st March 1976.
(ii)In the absence of any specific indication to the contrary in the service records, breaks between two spells # of war/military service will be automatically condoned and the pre-interruption service will be reckoned as qualifying service for pension except where it is known that the interruption was caused by dismissal or removal from service. The period of interruption itself will under no circumstances be reckoned as qualifying service for pension.
This Government Decision will take effect from 1st March 1976.
Government Decision No.4
Refund of service gratuity (if any not refunded previously) will be effected by adjustment from the gratuity due for civil service including the war service.
Government Decision No. 5
1.The benefit of the war service to the extent admissible under this rule is admissible to those employees who were appointed in regular establishment after war service. It is not admissible to those who were appointed in work establishment posts after initial war service.
2.The work establishment personnel who have retired before 14th November 1966 and who have rendered war service with the permission of Government, while holding work establishment post and who were subsequently re-absorbed, after war service, in work establishment posts the vacancies in respect of which arose prior to 1st January 1948 will be allowed to count 50 per cent of the completed years of their war service admissible under this rule for pension and death cum-retirement gratuity and the maximum period of war service that can be reckoned for pension and death-cum-retirement gratuity shall be 2½ years. This has retrospective effect from 1st November 1956.
3.In the case of the work establishment personnel absorbed in regular establishment ![or appointed to regular establishment through Public Service Commission] and who retired on or after 1st April 1968 the entire war service to the extent admissible under this Rule will be reckoned for pension and death-cum-retirement gratuity.
4.Break between war service and civil service i.e., work establishment service, will be treated as automatically condoned in the case of those who retired before 14th November 1966.
But in the case of those who retire on or after 14th November 1966 breaks shall be condoned on the basis of Government Decision No. 3 above.
In the case of persons who were absorbed in regular establishment and who retire from service on or after 1st April 1968, breaks (if any) between initial work establishment service and war service will be regularized by the grant of leave without allowances under special orders of the Government in individual cases.
Government Decision No.6
In the case of contingent employees absorbed in regular establishment ± [or appointed to regular establishment through Public Service Commission] and who retired on or after 1stApril 1968 the entire war service to the extent admissible under this rule will be reckoned for pension and death-cum-retirement gratuity.
Government Decision No.7
- In the case of those who have civil service prior to their war service, their qualifying service will be reckoned from the date of first entry in Government service including the entire period of war service and breaks, if any, provided they are governed by simplified Pension Rules and the limit of completed years of war service laid down in the above rule will not be applicable to them.
2.To avoid enjoyment of two retirement benefits for the same period, the pension sanctioning authorities should satisfy that the officer was not employed in Government / Quasi Government undertaking and did not enjoy any pensionary benefits for the period of break. In cases where verification is not possible a declaration in writing must be obtained from the officer concerned that he was not employed and has not obtained retirement benefits from Government / Quasi Government undertaking during the period of break / breaks and that he is agreeable to recover from his pension, the pensionary benefits, C.P.F. benefits, if any, received by him if it is found out later that he has received such benefits.
Government Decision No.8
The benefit of this rule will be applicable to the hereditary village staff of Malabar area absorbed into Government service whose service in the hereditary village establishment counts for pension under Rule 14F, K.S.R., Part III.
[This decision has effect from 28th July 1970 vide G.O(P)176/76/R.D., dated 31st January 1976.]
Government Decision No.9
In the case of war / military service sandwiched between aided school service, the qualifying service will be calculated from the date of first entry in the aided school service, including the entire period of the sandwiched war/ military service, but excluding breaks if any, subject to other conditions regarding counting of aided school service.
*The above orders are applicable only to persons governed by Kerala Service Rules including the simplified pension rules.
Government Decision No.10
In the case of reservist service, half of reservist service will count for pension provided the lump sum gratuity received in lieu of reservist pensioner is refunded to Government.
In the case a reservist got appointment under the State Government, but he continues to be a reservist in the military, half of the reservist service prior to appointment in Government Service alone will count
(c) Ex-servicemen re-employed in civil service shall be allowed to count their Military Service other than war service in the Armed Force of India from 1st April 1946 which is non pensionable or pensionable under Military Rules but which terminated before a pension has been earned in respect of it for purpose of Civil pension, in cases of retirement from civil service on or after 14th November 1966.
Provided that the bonus or gratuity, if any, received for the period of Military Service by the person concerned from the Defence Department is refunded to that Department:
Provided also that the person concerned is not in receipt of any military pension in respect of his Military Service. Breaks between Military Service and Civil Service shall be condoned in accordance with the Government Decision No. 3 above.
The pensionary charges in respect of Military Service other than war service will be borne by the Government of India on a service share basis in accordance with the normal rules in Appendix III B, IV of the Kerala Account Code, Volume I.
Government Decision No.1
The benefit of counting military service other than war service in the Armed Forces in India referred to above will be extended to work establishment / contingent employees absorbed in regular establishment [or appointed to regular establishment through Public Service Commission] and who retired on or after 1st April 1968.
Government Decision No.2
Where a State Government Employee is in receipt of a disability pension which does not include any service element his war / military service can be allowed to count for pension. On the contrary, if the disability pension received by such an employee includes service element his war / military service will not count for civil pension under the State Pension Rules.
Government Decision No. 3
*The benefit of this rule will be applicable to the hereditary village staff of Malabar area absorbed into Government service whose service in the hereditary village establishment counts for pension under Rule 14F, K.S.R. Part III
[This decision has effect from 28th July 1970 vide G.O.(P) 176/76/R.D., dated 31st January 1976.]
Government Decision No.4
Discharge on one’s own request from Army Service is not resignation and that Army Service in such circumstances also is reckonable towards subsequent civil service subject to the conditions laid down in the rules in part III KSRs, and subject to the refund of pensionary benefits, if any, received by him along with 6% simple interest on the same from the date of receipt till the date of refund.