Notifications

GOVERNMENT OF RAJASTHAN
FINANCE DEPARTMENT
(RULES DIVISION)

NOTIFICATION

No.F.15 (3) FD (Rules)/ 97

Jaipur,
dated March 21, 1998

Subject : Amendments in Rajasthan Civil Services (Pension) Rules, 1996.

In exercise of the powers conferred by the provision to Article 309 of the Constitution, the Governor hereby makes the following rules further to amend the Rajasthan Civil Services (Pension) Rules 1996, namely :-

1. These rules may be called the Rajasthan Civil Services (Pension) (Amendment ) Rules, 1998

2. These rules shall be deemed to have come into force with effect from 1.10.1996 excepting where otherwise specifically provided.

3. In the said rules

(i) In the second proviso to Rule 7, in sub rule 3 of rule 42 and in sub-rule (2) of Rule 43 the existing words “ Rupees three hundred per mensem “shall be substituted by words “ Rupees one thousand two hundred seventy five per mensem.”

(ii) The existing second proviso to Rule 45 shall be substituted by the following with effect from 1.1.1997 namely-

Provided further that the amount of Dearness Allowance admissible basic pay at the time of retirement/ death of a Government servant as the case may be , shall be treated as part of emoluments for the purpose of grant of retirement gratuity/ death gratuity.

(iii) in clause (a) of sub-rule (2) of Rule 54, the existing words “fifty percent of the emoluments “shall be substituted by the words “ fifty percent of the emoluments subject to maximum upto fifty percent of highest pay in the Government ( the highest pay in the Government is Rs. 22,400/- since 1.9.1996)”.

(iv) in clause (b) of sub-rule (2) of Rule 54 the existing words “ Rupees three hundred per mensem” shall be substituted by the words “ Rupees one thousand two hundred seventy five per mensem.”

(v) The existing figures and words “2.5 lacs rupees “ appearing in first proviso of sub-rule (1) of Rule 55 shall be substituted by the figure and words “3.5 lacs rupees “ with effect from 1.1.1997.

(vi) The existing clause (i) of Rule 62 shall be substituted by the following :-

(i) "Family pension shall be admissible @ 30% of basic pay subject to a minimum of Rs. 1275/- per month and maximum of 30% of the highest pay in Government (the highest pay in the Government is Rs. 22,400/- since 1.9.1996)"

(vii) the existing clause (c) of sub-rule (1) of Rule 66 shall be substituted be the following namely :-

(c) "son/daughter including widowed/divorced daughter till he/she attained the age of 25 years or upto the date of his/her marriage/re-marriage, whichever is earlier."

(viii) below existing clause (C) of sub-rule (1) of Rule 66 the following shall be inserted as clause (d), namely :-

(d) "parents who were wholly dependant upon the Government servant when he/she was alive provided the deceased employee had left behind neither a widow nor a child."

(ix) The existing clause (b) and (c) or Rule 67 shall be substituted by the following, namely :-

(b) Unmarried son till he attains the age of twenty five years.

(c) daughter including widowed/divorced daughter till she attains the age of 25 years or upto the date of her marriage/remarriage whichever is earlier.

(x) the "Explanation (1) " appearing below Rule 67 shall be substituted by the following namely

"(1) A son / daughter shall become ineligible for family pension from the date he/she gets married."

(xi) at the end of clause (c) or Rule 67, the following new clause (d) shall be inserted, namely :-

(d) parents who were wholly dependent upon the Government servant when he/she was alive provided the deceased employee had left behind neither a widow nor a child."

(xii) in GRD No. I appearing below Rule 127, the existing words and figures " Rs. 2600/-" shall be substituted by the word and figures " Rs.8000/-"

(xiii) in item (ii) of clause (d) of Rule 152 the existing words and figures " Rs. 500/-" shall be substituted by the words and figures "Rs. 1500/-"

(xiv) in clause (e) of Rule 152, 155 and 157 the existing words and figures " Rs. 8000/- " shall be substituted by the words and figures " Rs. 26000/- "

(xii) in Appendix V – rules regulating the compassionate fund of the Government of Rajasthan, the existing words and figures "Rs. 5000 /- " wherever, appearing in Rule 4(6) shall be substituted by the words and figures " Rs. 15000/- "

Consequential amendments in Rajasthan Service Rules :

4. The above mentioned amendments have been made in the Rajasthan Civil Service (Pension) Rules 1996 which were introduced with effect from 10.1996. Prior to these rules, the relevant provisions existed in the Rajasthan Service Rules which have been repealed with effect from 1.10.1996. In order to extend the benefit to the Government servants retired during 1.9.1996 to 30.9.1996, the Governor is pleased to order that to the extent of aforesaid amendments the relevant provisions of Rajasthan Service Rules shall stand modified with effect from 1.9.1996 except the amendment which have been made effective from 1.1.1997.

Non-accrual of arrears :

5. The State Government has revised the pay scales of Government servants with effect from 1.9.1996 with the conditions that no arrears would accrue for the period from 1.9.1996 to 31.12.1996. Accordingly on the same lines in respect of Government servants retired/ died while in service during the period 1.9.1996 to 31.12.1995, no arrear of pension shall accrue upto 31.12.1996. Pension/Family pension calculated on pre-revised pay shall only be payable upto 31.12.1996 and the pension/family pension on revised notional pay and as per the above mentioned amendments shall be payable with effect from 1.1.1997. The Commutation and Gratuity to these Government servants shall not be admissible on the revised notional pay, and the amount of Commutation/ Gratuity already paid/payable on the pre-revised pay shall be treated as final.

Mode of payment of arrears from 1.1.1997 to 31.12.1997 :

6. Consequent upon revision in the pay scales and on account of the above mentioned amendments, the Government servants retired/died during the period 1.9.1996 to 31.12.1997 have become entitled to receive enhanced pension/family pension with effect from 1.1.1997 and in case of Government servants retired/ died during the period 1.1.1997 to 31.12.1997 have become entitled to enhanced commutation and gratuity. The amount of arrear on account of enhanced entitlement of pension/family pension, commutation and gratuity for the period 1.1.1997 to 31.12.1997 shall not be payable in cash except in the case of death of a pensioner/family pensioner. The arrear amount for the period 1.1.1997 to 31.12.1997 shall be payable in 60 equal monthly installments or at the option of the pensioner shall be credited in the General Provident Fund Account. The detailed procedure for payment of the arrear amount in 60 equal monthly installments or for crediting in the General Provident Fund account as indicated in the Finance Department Memorandum No. F. 15 (2) FD/Rules/98 dated 21.3.1998 regarding revision of pension of pre-1.9.1996 State pensioners/family pensioners, shall also be applicable in this case:

By Order of the Governor

(Dr. Adarsh Kishore)

Principal Secretary to the Government)