Rule 62 - Pension Delays

62. Provisional pension for reasons other than Departmental or Judicial proceedings. (1) Where, in a case of retirement on superannuation, after a Government servant or his or her spouse or a member of his or her family, as the case may be, has submitted the Forms in accordance with sub-rule (2) or sub-rule (3) of rule 57 but,-

(i) in spite of following the procedure laid down in rule 57, it is not possible for the Head of Office to forward the pension case and pension papers referred to in rule 60 to the Accounts Officer within the period specified in sub-rule (4) of that rule; or

(ii) the pension case and pension papers forwarded to the Accounts Officer have been returned by the Accounts Officer to the Head of Office for eliciting further information before issuing pension payment order and order for the payment of gratuity,

and the Government servant is likely to retire before his pension and gratuity or both can be finally assessed and settled in accordance with the provisions of these rules, the Head of Office shall rely upon such information as may be available in the official records and shall determine the amount of provisional pension and the amount of provisional retirement gratuity.

(2) In a case of retirement otherwise than on superannuation, on receipt of Forms from Government servant or his or her spouse or a member of his or her family in accordance with sub-rule (1) or sub-rule (2) of rule 58, the Head of Office shall rely upon such information as may be available in the official records and shall determine the amount of provisional pension and the amount of provisional retirement gratuity.

(3) Where the amount of pension and gratuity cannot be determined for reasons other than the departmental or judicial proceedings and a provisional pension and provisional gratuity is required to be sanctioned in accordance with sub-rule (1) or sub-rule (2), the Head of Office shall do the following, namely:-

(a) issue a letter of sanction addressed to the Government servant endorsing a copy thereof to the Accounts Officer authorising,

(i) 100 per cent. of pension as provisional pension from the date following the date of retirement; and

(ii) 100 per cent. of the gratuity as provisional gratuity withholding ten per cent of gratuity.

letter of sanction, the amount recoverable from the gratuity as assessed under rule 67 and after of sanction referred to in clause (a), the Head of Office shall draw ,

(i) the amount of provisional pension; and

(ii) the amount of provisional gratuity after deducting therefrom the amount specified in sub-clause

(ii) of clause

(a) and the dues, if any, specified in rule 68, in the same manner as pay and allowances of the establishment are drawn by him.

(4) A sanction for provisional pension under sub-rule (3) shall be issued not later than ten days after the date of retirement of Government servant in cases covered under sub-rule (1) and within one month from the date of submission of forms in cases covered under sub-rule (2).

(5) The amount of provisional pension and gratuity payable under sub-rule (2) or sub-rule (3) shall, if necessary, be revised on the completion of the detailed scrutiny of the records.

(6)

(a) The payment of provisional pension shall not continue beyond the period of six months from the date of retirement of a Government servant or from the date of submission of Form 4 and Form 6 by the Government servant, whichever is later, and if the amount of final pension and the amount of final gratuity had been determined by the Head of Office in consultation with the Accounts Officer before the expiry of the said period of six months, the Accounts Officer shall,-

(i) issue the pension payment order; and

(ii) direct the Head of Office to draw and disburse the difference between the final amount of gratuity and the amount of provisional gratuity paid under sub-clause

(ii) of clause

(b) of sub-rule (3) after adjusting the Government dues, if any, which may have come to notice after the payment of provisional gratuity.

(b) If the amount of provisional pension disbursed to a Government servant under sub-rule (3) is, on its final assessment, found to be in excess of the final pension assessed by the Accounts Officer, it shall be open to the Accounts Officer to adjust the excess amount of pension out of gratuity withheld under sub-clause

(ii) of clause

(a) of sub-rule (3) or recover the excess amount of pension in instalments by making short payments of the pension payable in future.

(c)

(i) If the amount of provisional gratuity disbursed by the Head of Office under sub-rule (3) is more than the amount finally assessed, the retired Government servant shall not be required to refund the excess amount actually disbursed to him.

(ii) The Head of Office shall ensure that chances of disbursing the amount of gratuity in excess of the amount finally assessed are minimized and the officials responsible for the excess payment shall be accountable for the

overpayment. (7) If the final amount of pension and gratuity have not been determined by the Head of Office in consultation with the Accounts Officer within a period of six months referred to in clause

(a) of sub-rule (6), the Accounts Officer shall treat the provisional pension and gratuity as final and issue pension payment order immediately on the expiry of the period of six months.

(8) As soon as the pension payment order has been issued by the Accounts Officer under clause

(a) of sub-rule (6) or sub-rule (7), the Head of Office shall release the amount of withheld gratuity under sub-clause

(ii) of clause

(a) of sub-rule (3) to the retired Government servant after adjusting Government dues which may have come to notice after the payment of provisional gratuity under sub-clause

(ii) of clause

(b) of sub-rule (3).

(9) If a Government servant is or was an allottee of Government accommodation, the withheld amount should be paid on receipt of `No Demand Certificate' from the Directorate of Estates.

(10) It shall be the responsibility of the Head of Office to ensure that in cases where there is a delay in issue of Pension Payment Order, a provisional pension and provisional gratuity is sanctioned in accordance with this rule.

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 pension case processing is delayed.
• 2Covers situations where the HOO cannot submit papers on time despite following Rule 57.
• 3Also applies when the Accounts Officer returns the case for more information.
• 4Acknowledges potential delays in pension processing.
• 5Sets the context for subsequent rules addressing delay management.

Practical Example

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

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