Rule 7 - Pension Calculation

7. Pension and family pension subject to future good conduct.- (1)

(a) Future good conduct shall be an implied condition of every grant of pension and its continuance under these rules.

(b) the Appointing Authority may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct:

Provided that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of minimum pension under rule 44.

(2) Where a pensioner is convicted of a serious crime by a Court of Law, action under sub-rule (1) shall be taken in the light of the judgment of the court relating to such conviction.

(3) In a case not falling under sub-rule (2), if the authority referred to in sub-rule (1) considers that the pensioner is prima facie guilty of grave misconduct, he shall before passing an order under sub-rule (1),-

(a) 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 receipt of the notice or such further time not exceeding fifteen days, as may be allowed by the said authority, such representation, as he may wish to make against the proposal; and

(b) take into consideration the representation, if any, submitted by the pensioner under Clause (a).

(4)

(a) Without prejudice to the provisions of sub-rule (3), no Government servant who having worked in an Intelligence or Security-related organisation included in the Second Schedule to the Right to Information Act, 2005 (22 of 2005), shall, without prior clearance from the Head of the Organisation, make any publication after retirement of any material relating to and including,-

(i) domain of the organisation, including any reference or information about any personnel and his designation, and expertise or knowledge gained by virtue of working in that organisation; and

(ii) sensitive information, the disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State or relation with a foreign State, or which would lead to incitement of an offence.

(b) The Government servants who have worked in any Intelligence or Security-related organisation included in the Second Schedule to the Right to Information Act, 2005 (22 of 2005), shall give an undertaking in regard to the above restriction in Format1 and any failure to observe such an undertaking on the part of retired Government servants shall be treated as grave misconduct under this rule.

(c) In the case of a Government servant transferred out of an organisation referred to in clause

(b) on completion of deputation or otherwise, the required undertaking, in duplicate, shall be obtained from the Government servant at the time of transfer and one copy of the undertaking shall be kept in the service book of the Government servant and an entry to this effect shall be made in the service book and the other copy of the undertaking shall be kept in the aforesaid organisation for record.

(5) The Head of the Organisation shall vest with the authority to decide as to whether the proposed material for publication is sensitive or non-sensitive, and whether it falls in the domain of the organisation.

(6) Where the authority competent to pass an order under sub-rule (1) is the President, the Union Public Service Commission shall be consulted before any order is passed.

(7) An appeal against an order under sub-rule (1), passed by any authority other than President, shall lie to the President and the President shall, in consultation with the Union Public Service Commission, pass such orders on the appeal as he deems fit.

Explanation.- For the purpose of this rule,-

(a)

(b) the expression `serious crime' includes a crime involving an offence under the Official Secrets Act, 1923 (19 of 1923).

(c) password or any sketch, plan, model, article, note, document or information, such as is mentioned in section 5 of the Official Secrets Act, 1923 (19 of 1923) (which was obtained while holding office under the Government) so as to prejudicially affect the interests of the general public or the security of the State.

or publish or publication of any book, letter, pamphlet, poster or other document, in any form.

(e) - mails, opinion, advice, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models and data material in any electronic form held or accessed by the Government servant while in service.

7. Details regarding commercial employment proposed to be taken up:-

(a)

(i) Name of organisation (firm or company or co-operative society, etc.).

(ii) Brief nature of the organisation.

(iii) Full address of the registered office of the organisation.

(iv) Permanent Account Number or Tax Identification Number or Registration Number of the organisation.

(b) Products being manufactured by the firm/type of business carried out by the firm etc.

(c) Whether the officer had during the last three years of his official career, any dealings with the firm or company or cooperative society, etc.

(d) Duration and nature of the Official dealing with the firm

(e) Name of the job/post offered

(f) Whether post was advertised, if not, how offer made (Attach Newspaper cutting of the advertisement and copy of the offer of appointment, if any)

(g) Description of the duties of the Post/job, Remuneration offered for the post/job.

(h) If proposing to set up practice, indicate:

(i) Professional Qualification in the field of practice

(ii) Nature of proposed practice 8 Any other information which the Applicant desires to furnish in support of his request

I hereby declare that

(a) I have not been privy to sensitive or strategic information in the last three years of service, which is directly related to the areas of interest or work of the organisation that I propose to join or to the areas in which I propose to practice or consult.

(b) The proposed employment will not involve conflict of interest with the policies of the office held by me during the last three years and the interest represented or work undertaken by the organisation I propose to join will not bring me into conflict with the working of the Government.

(c) The organisation in which I am seeking employment is not involved in activities which are conflict with or tions, national security and domestic harmony. The organisation is not undertaking any activity for intelligence gathering. The employment, which I propose to take up also will not entail activities which are in conflict with or involve activities prejudic harmony.

(d) My service record is clear, particularly with respect to integrity and dealings with Non-Government Organisations.

(e) The proposed emoluments and pecuniary benefits are in conformity with the industry standards.

(f) I agree to withdraw from the commercial employment in case of any objection by the Government.

I hereby solemnly declare that the above information is true to the best of my knowledge and belief and that no material information has been concealed. In the event of any of the information being found to be false the permission may be withdrawn without assigning any reason and without prejudice to any other action the Government may consider appropriate including action under Central Civil Services (Pension) Rules, 2021 and criminal proceedings.

Date: ......................... Place : ........................ Signature of applicant

(See Rule 9(5)) Check list for processing requests of pensioners for permission to accept commercial employment after retirement Subject: Case of

7. Particulars of spouse from post-retiral marriage

(ii) Date of marriage with the pensioner. (Please attach self-attested copy of marriage certificate)

(iii) If the pensioner is having a spouse living in addition to the one whose name is proposed to be included, is this marriage valid as per the personal law applicable to the pensioner? If so, give details.

7. Whether any departmental or judicial proceedings pending against the Government servant? If so, the details thereof. ........

7. Service in Autonomous body/State Government, if any :-

(a) Details of service : Name of organisation Post held Period of service From (DD/MM/YYYY) To (DD/MM/YYYY)

(b) Whether the above service is to be counted for pension in the Government

(c) Whether the Autonomous Organisation has discharged its pensionary liability to the Central Government 8. Whether any departmental or judicial proceedings are pending against the retiring Government servant. If yes, particulars of Memorandum of charges/suspension order/criminal case may be indicated.( In terms of Rule 8, provisional pension will be admissible and gratuity will be withheld till the conclusion of departmental or judicial proceedings and issue of final orders thereon.) 9. Details of Service (a)Period of service From To Total duration of service (b)Details of omission, imperfection or deficiencies in the Service Book which have been ignored [under Rule 57(1) (b)(ii)]

(c) Period not counted as qualifying service :-

(i) Boy service (2nd proviso to Rule 11)

(ii) Extraordinary leave not counted as qualifying service (Rule 21)

(iii) Periods of suspension not treated as qualifying service (Rule 23)

(iv) Interruptions in service [Rule 27 (1)

(b) and Rule 28 (c)]

(v) Periods of foreign service with United Nation Bodies for which no pension contributions are payable/paid (Rule 29)

(vi) Any other period not treated as qualifying service (give details)

(d) Additions to qualifying service :-

(i) Civil service (Rule 19)

(ii) Military service (Rule 20)

(iii) Benefit of service in a State Government or Autonomous Body (Rule 13/Rule 14) Temporary Status service (Rule 15) (e)Net qualifying service(a b c + d)

(f) Qualifying service expressed in terms of completed six monthly periods (Period of three months and above is to be treated as completed six monthly period (Rule 44 and Rule 45) 10. Emoluments :-

(a) Emoluments in terms of Rule 31

(b) Emoluments during ten months preceding retirementFrom (DD/MM/YYYY) To (DD/MM/YYYY) From Date To Date Basic Rate NPA Other pay Basic pay for the purpose of Average Emoluments

(including NPA)

Note : If the officer was on foreign service immediately before retirement, the emoluments which he would have drawn under Government but for being on foreign service may be mentioned in items

(a) and

(b) above (Rule 31) .

(c) Average emoluments (Rule 32)

(d) Emoluments or average emoluments (whichever is higher) to be reckoned for pension (Rule 44)

(e) Emoluments reckoned for retirement gratuity [

(a) or (c), whichever is higher] (Rule 45)

(f) Pay reckoned for family pension [

(a) or (c), whichever is higher] (Rule 50) 11. Proposed Pension Details:-

(a) Proposed pension / service gratuity (Rule 44)

(b) Proposed dearness relief on pension (as on the date of retirement)

(c) Date from which pension is to commence (Rule 81)

(d) Date from which provisional pension under Rule 62 being paid, if any. Date upto which provisional pension is sanctioned by HOO Amount of provisional pension being paid (per month) 12.

(a) Amount of retirement gratuity (Rule 45)

(b) Amount of Provisional gratuity paid under Rule 62, if any 13. Details of Government dues recoverable out of gratuity

(a) Licence fee for Government accommodation [see sub-rules (2), (3) & (4) of Rule 68]

(b) Dues referred to in Rule 69

(c) Amount indicated by Directorate of Estates to be withheld under sub-Rule (5) of Rule 68 14. Amount and Period of family pension : Amount

(a) Enhanced rate [Rule 50(2)(a)(iii)]

(b) Ordinary rate [Rule 50(2)(a)(i)]

Note: In the event of death of pensioner, the family pension at enhanced rate shall be payable for a period of seven years, or for a period up to the date on which the retired deceased Government servant would have attained the age of 67 years had he survived, whichever is less. 15. Name of the family member

(s) to whom family pension is to be authorized in Pension Payment Order a. Name of the Spouse b. Percentage of family pension to be paid to spouse, if the family pension is to be shared with other members of the family (e.g. children from a wife who is not alive or children from a divorced wife) c. Names and relationship of other family members, referred to in

(b) above. 1. 2. 3. d. Name of family member to be coauthorised (i.e. disabled child/dependant parent/disabled sibling)

7. Indicate whether family pension is also admissible from any other source- (Tick whichever is applicable) Military State Govt. Public sector undertaking/ autonomous body/ local fund under the Central or State Govt.

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

• 1Deals with the calculation and authorization of pension and gratuity.
• 2Considers emoluments, average emoluments, and government dues.
• 3Specifies how foreign service impacts emolument calculation.
• 4Outlines the process for determining family pension amounts and beneficiaries.
• 5Covers provisional pension arrangements and their adjustments.

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.