Grant of Invalid Pension under Rule 55 of the Railway Services (Pension) Rules 1993 – Clarification vide RBE No.86/2024
RBE No. 86/2024.
GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)
No.D-5/2019-F(E)III
New Delhi, dated: 04 .09.2024.
The General Managers/Principal Financial Advisors,
All Zonal Railways/Production Units etc,
DGs of RDSO and NAIR.
Subject:- Clarification regarding grant of Invalid pension under Rule 55 of the Railway Services (Pension) Rules,1993.
A copy of Department of Pension & Pensioners’ Welfare (DoP&PW)’s O.M. No. 91/01/2016-P&PW(F) dated 12th February, 2019 is enclosed for information and guidance. These instructions shall apply mutatis mutandis on the Railways also.
2. Rule 38 and Rule 49 of the Central Civil Service (Pension) Rules, 1972 correspond to Rule 55 and Rule 69 of the Railway Services (Pension) Rules, 1993, respectively. Rule 55 and 69 of the Railway Services (Pension) Rules, 1993 have been amended vide G.S.R.486(E) dated 30th July, 2024.
3. Please acknowledge receipt.
(G. Priya Sudarsani),
Director, Finance (Estt.),
Railway Board.
No. 21 /00/2016-P&PW(F)
Government of India
Ministry of Personnel. Public Grievances & Pensions
(Department of Pension & Pensioners’ Welfare)
New Delhi. the 12th February, 2019
OFFICE MEMORANDUM
Sub :- Grant of Invalid Pension under Rule 38 of the Central Civil Services (Pension) Rules, 1972 — Clarification regarding
The undersigned is directed to say that Rule 38 and Rule 49 of the Central Civil Services (Pension) Rules, 1972 have been amended vide Notification No. 21/1/2016-P&PW(F) dated 4th January, 2019 (copy enclosed). The proviso to the amended Rule 38 of the CCS(Pension ) Rules provides that a Government servant, who retires from service on account of any bodily or mental infirmity which permanently incapacitates him for the service before completing qualifying service of ten years, may also be granted invalid pension in accordance with sub-rule (2) of rule 49, subject to the conditions that the Government servant:
(a) was examined by the appropriate medical authority either before his appointment or after his appointment to the service or post and was declared fit by that authority for Government service, and
(b) fulfils all other conditions mentioned in this rule for grant of invalid pension.
2. In this connection, it is clarified that the condition of qualifying service of ten years for grant of pension under Rule 49(2) of the CCS (Pension) Rules, 1972 shall not be applicable in the case of a Government servant retiring on Invalid Pension on account of any bodily or mental infirmity, under Rule 38. Accordingly, Invalid Pension at the rate of 50% of emoluments or average emoluments, whichever is more beneficial, subject to a minimum of nine thousand rupees per mensem and maximum of one lakh twenty five thousand rupees per mensem, shall be payable to a Government servant who retires under Rule 38 of CCS (Pension) Rules, 1972 even before completing a qualifying service of ten years.
3. All Ministries/Departments are requested that the above clarification may be brought to the notice of Heads of Department, Attached and Subordinate Offices, Controllers of Accounts, Pay & Accounts Offices, etc. under them.
4. Hindi version will follow.
(Harjit Singh)
Director
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