Rule 31 - Pension Revision

31. Emoluments.- (1) emoluments Fundamental Rules, 1922 which a Government servant was receiving immediately before his retirement or on the date of his death; and will also include non-practising allowance granted to a medical officer in lieu of private practice.

Explanation.- Stagnation increment shall be treated as emoluments for calculation of retirement benefits.

(2) Where a Government servant immediately before his retirement or death while in service had been absent from duty on leave for which leave salary is payable or on extraordinary leave on medical certificate or, having been suspended, had been reinstated without forfeiture of service, the emoluments which he would have drawn had he not been absent from duty or suspended shall form part of his emoluments:

Provided that any increase in pay [other than the increment referred to in sub-rule (5) and the notional increase in pay referred to in sub-rule (10) or sub-rule (11)] which is not actually drawn shall not form part of his emoluments.

(3) Where a Government servant immediately before his retirement or death while in service had proceeded on leave for which leave salary is payable after having held a higher appointment whether in an officiating or temporary capacity, the benefit of emoluments drawn in such higher appointment shall be given only if it is certified that the Government servant would have continued to hold the higher appointment but for his proceeding on leave.

(4) Where a Government servant immediately before his retirement or death while in service had been absent from duty on extraordinary leave or had been under suspension, the period whereof does not count as service, the emoluments which he drew immediately before proceeding on such leave or being placed under suspension shall form part of his emoluments.

(5) Where a Government servant immediately before his retirement or death while in service, was on leave, and earned an increment which was not withheld, such increment, though not actually drawn, shall form part of his emoluments.

drawn by a Government servant while on deputation to an ex-cadre post in the same or some other Government or to the Armed Forces of India shall be treated as emoluments:

Provided that in the case of a Government servant while on leave after release from the ex-cadre post on completion of the period of deputation, the pay which he would have drawn in the parent department had he not been on leave shall be treated as emoluments.

(7) Pay drawn by a Government servant while on deputation to a State Government or while on foreign service shall not be treated as emoluments, but the pay which he would have drawn under the Central Government had he not been on deputation to the State Government or on foreign service shall alone be treated as emoluments.

(8) Where a pensioner who is re-employed in Government service elected to retain his pension for earlier service and whose pay on re-employment had been reduced by an amount not exceeding his pension, the element of pension by which his pay is reduced shall be treated as emoluments.

(9) When a Government servant has been transferred to a public sector undertaking or an autonomous body consequent on the conversion of a Department of the Government into such public sector undertaking or autonomous body and the Government servant so transferred opts to retain the pensionary benefits under the rules of the Government, the emoluments drawn under the public sector undertaking or autonomous body shall be treated as emoluments.

the pay of a Government servant is notionally increased with retrospective effect in any of the circumstances after his retirement, such notional pay shall be treated as emoluments, namely:-

(i) the pay scale of the post from which the pensioner retired is increased with retrospective affect from a date when the pensioner was in service and his pay in the higher pay scale is fixed from such date on notional basis;

(ii) the retired Government servant is promoted from a retrospective date on the recommendation of a Review DPC or on exoneration in any departmental proceedings or in compliance of a court order and the benefit of fixation of pay is allowed to the pensioner on notional basis from the date of such promotion.

(11) Where a Government servant dies during the currency of a penalty which has the effect of reducing his pay only during the currency of that penalty and on expiry of which he would have regained the pay admissible to him without any impact of the said penalty, the notional pay on the date of death ignoring the effect of such penalty shall be treated as emoluments.

What This Means

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

• 1Applies when pay scales are revised retrospectively affecting a retiree's past service.
• 2Covers retrospective promotions granted after retirement due to Review DPC, exoneration, or court order.
• 3Pension is recalculated based on the revised pay or promotion, but only notionally.
• 4No actual back wages are paid; the revision only impacts pension amount.
• 5Ensures pensioners benefit from pay scale revisions or promotions they were eligible for during service.

Practical Example

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.