Rule 40 - Provisional Pension
Original Rule Text
40. Compulsory retirement pension .- (1) A Government servant compulsorily retired from service as a penalty may be granted, by the authority competent to impose such penalty, pension or retirement gratuity or both at a rate not less than two-thirds and not more than full superannuation pension or gratuity or both admissible to him on the date of his compulsory retirement.
(2) Whenever in the case of a Government servant the President passes an order (whether original, appellate or in exercise of power of review) awarding a pension less than the full superannuation pension admissible under these rules, the Union Public Service Commission shall be consulted before such order is passed.
Explanation.- For the purpose of this sub-rule, the expression "pension" includes retirement gratuity.
(3) The order regarding the quantum of pension and gratuity to be granted under sub-rule (1) may be issued simultaneous with the order of imposition of penalty of compulsory retirement. Where such an order regarding the quantum of pension and gratuity to be granted under sub-rule (1) is not issued simultaneous with the order of imposition of penalty of compulsory retirement, a provisional pension and a provisional gratuity at a rate of two-thirds of full superannuation pension and gratuity shall be sanctioned to the Government servant immediately.
(4) Where a provisional pension and a provisional gratuity is sanctioned to the Government servant under sub-rule (3), order for grant of final pension and gratuity under sub-rule (1) shall be issued in consultation with Union Public Service Commission, where necessary, not later than three months after the date of issue of the order imposing the penalty of compulsory retirement and the provisional pension shall continue to be paid till the payment of final pension and gratuity in accordance with the order issued under sub-rule (1).
(5) A pension or provisional pension granted or awarded under sub-rule (1) or, as the case may be, under sub-rule (2), shall not be less than the amount of minimum pension mentioned in rule 44.
What This Means
Rule 40(3) of the CCS (Pension) Rules, 2021 deals with the pension and gratuity payable to a government servant who has been compulsorily retired as a penalty. It essentially states that when a government employee is compulsorily retired, the order specifying the exact amount of pension and gratuity they will receive should ideally be issued at the same time as the compulsory retirement order. This ensures clarity and avoids delays for the retiree.
However, if the exact pension and gratuity amount cannot be determined immediately, the rule mandates that a provisional pension and gratuity must be sanctioned right away. This provisional amount is set at two-thirds (2/3) of the full superannuation pension and gratuity the employee would have received upon normal retirement. This ensures that the employee has some financial support while the final calculations are being completed. This rule is crucial for protecting the financial interests of government employees facing compulsory retirement.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Applies to government servants compulsorily retired as a penalty.
- 2Ideally, the order for pension and gratuity should be issued simultaneously with the compulsory retirement order.
- 3If a simultaneous order is not possible, a provisional pension and gratuity (2/3 of full superannuation benefits) must be sanctioned immediately.
- 4This ensures immediate financial support to the compulsorily retired employee.
- 5The rule aims to prevent delays in providing pension benefits in cases of compulsory retirement.
Practical Example
Mr. Verma, a government employee, was compulsorily retired due to disciplinary reasons. The order for his compulsory retirement was issued on July 1, 2024. However, the exact calculation of his pension and gratuity was still pending due to ongoing investigations. According to Rule 40(3), since the final order couldn't be issued immediately, the department sanctioned a provisional pension and gratuity for Mr. Verma. This provisional amount was calculated as two-thirds of the pension and gratuity he would have received had he retired normally. Let's say his full pension would have been ₹30,000 and gratuity ₹5,00,000. He received a provisional pension of ₹20,000 and a provisional gratuity of ₹3,33,333.33 until the final order was issued three months later, adjusting the amounts based on the final calculations.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Cross References
Frequently Asked Questions
What happens if the final pension amount is less than the provisional amount already paid?▼
Does this rule apply to voluntary retirement?▼
What is the purpose of providing a provisional pension?▼
Who is responsible for ensuring the provisional pension is sanctioned?▼
Is the 2/3rd provisional pension fixed, or can it be a different amount?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Test Your Knowledge
Question 1 of 3
According to Rule 40(3) of the CCS (Pension) Rules, 2021, what should ideally happen when a government servant is compulsorily retired as a penalty?