Rule 38 and Rule 49 of the CCS (Pension) Rules, 1972 - Grant of Invalid Pension: Clarification by DoP&PW

No. 21/01/2016-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 Fiends of Department, Attached and Subordinate Offices, Controllers of Accounts. Pay & Accounts Offices. etc, under them.

4. Hindi version will follow,

(Harjit Singh)

Director

Source: Click here to view Signed Copy

[http://documents.doptcirculars.nic.in/D3/D03ppw/21_01_2016_PPW_FNFiSc.pdf]