CONDITIONS OF QUALIFICATION FOR PENSION

CONDITIONS OF QUALIFICATION FOR PENSION

 

(I)               The service of a Government employee does not qualify for pension unless it confirms to the following three conditions:-

                        First-            The service must be under Government.

                      Second-        The employment must be substantive and permanent.

                      Third-           The service must be paid by Government.

 

(II)              The Supreme Court of India has held that pension is not a bounty payable on the sweet will and pleasure of the Government and the right to pension is a valuable right resting in a Government servant and that the state has no power to withhold the same.  It was also held that delay in payment of retrial dues entitles an employee to claim interest at the market rate.

(III)            No pension granted or continued by Government on political considerations, or on account of past services or present infirmities or as a compassionate allowance, and no money due or to become due on account of any such pension or allowance shall be liable to seizure, attachment or sequestration by process of any court at the instance of a creditor, for, any demand against the pensioner, or in satisfaction of a decree or order of any such Court.

(IV)             All assignments, agreements, orders, sales and securities of every kind made by the person entitled to any pension, pay or allowance mentioned above, in respect of any money not payable at or before the making thereof, on account of any such pension, pay or allowance, or for giving or assigning any future interest therein, are null and void.

(V)     A family pension will take effect from the day following the death of the Government employee or from such other date as the competent authority may decide.

A family pension will ordinarily be tenable -

(i)                in the case of widow or mother until death or remarriage whichever occurs earlier;

Note: The family pension of a widow will cease on re-marriage but when such re-marriage is annulled by divorce, desertion or death of the second husband her pension may be restored upon proof that she is in necessitous circumstances and otherwise deserving.

(ii)             in the case of a minor son, or minor brother, until he attains the age  of 21years;

(iii)           in the case of an unmarried daughter or minor sister, until marriage or until she attain the age of 24years, whichever  occurs earlier;

(iv)           in the case of a father, for life.

(VI)    Every Head of Office is required to undertake the work preparation of pension papers two years before the date on which a Government employee is due to retire on superannuation.

(VII)  Any employee who is entitled to pension but whose pension is not released at all, or not fully, or in time, can enforce his right by writing to the concerned department or else he can file a writ petition in the High Court for directing the concerned department to make the payment of pension amount.

(VIII) An Officer appointed to a service or post and who has put in not less than ten years in such service may add to his service qualifying for superannuation pension (but not for any other class of pension) the actual period not exceeding one-fourth of the length of his service or the actual period by which his age at the time of recruitment exceeds twenty-five years or a period of five years, whichever is least, if the service or post is one,-

                (a)    for which post-graduate research or specialist qualification, or       experience in scientific,  technological or professional fields is essential, and

                (b)   which candidates of more than twenty five years of age are normally recruited.

 

(IX)    Service rendered by Commissioned Officers/Junior CommissionedOfficers/Warrant Officers/ Non-Commissioned Officers and other enrolled personnel of the Army, and the corresponding categories of the Navy and Air Force and personnel of the Frontier Constabulary and Militias/Non-combatant departmental and regimental employees and followers of the supplemental services/Warrant Officers and Departmental Officers of the Commissary and Assistant Surgeon classes, after attaining the age of 18 years which is pensionable under Military Rules but which terminates before a pension has been earned in respect of it, may, at the discretion of Government, be allowed to count, when followed by service qualifying for pension under civil rules, as part of such service.