Pension Rule No.18: Pensionary, Terminal Or Death Benefits To Temporary Railway Servant

18.  Pensionary, Terminal Or Death Benefits To Temporary Railway Servant:-

(1)      A temporary railway servant who retires on superannuation or on being declared permanently incapacitated for further railway service by the appropriate medical authority after having rendered temporary service not less than ten years shall be eligible for grant of superannuation, invalid pension, retirement gratuity and family pension at the same scale as admissible to permanent railway servant under these rules.

Explanation: For the purpose of sub-rule (1) of this rule “service” shall have the meaning assigned to it in sub-rule (6) of rule 1002 of the Code except that it shall not include the period of first four years of apprenticeship of Special Class Railway Apprenticeship.

(2)      A temporary railway servant who seeks voluntary retirement after completion of twenty years of service shall continue to be eligible for retirement pension and other pensionary benefits like retirement gratuity and family pension as admissible under these rules.

(3)      In the event of death in harness of a temporary railway servant his family shall be eligible to family pension and death gratuity on the same scale as admissible to families to permanent railway servants under these rules.

(4)      The terminal or death gratuity shall not be admissible:-

(i)    To a probationer or other railway servant discharged for failure to pass the prescribed test or other examination;

(ii)    In a case where the railway servant concerned resigns his post or is removed or dismissed from railway service;

(iii)   To employees re-employed under the terms of re-employment applicable to retired employees.

(5)      The rules and orders applicable to the admissibility of death-cum-retirement gratuity to permanent pensionable railway servants shall apply as far as may be to the terminal or death gratuity also subject to the provisions of the sub-rules (6) to (10).

(6)      No nomination for death or terminal gratuity shall be necessary.

(7)      The payment of the terminal gratuity in the case of a temporary railway servant who dies before receiving payment of the said gratuity or of the death gratuity shall be made to his family in the following order of preference:-

(1)      Wife or wives including judicially separated wife or wives in the case of a male railway servant;

(2)      Husband including judicially separated husband in the case of a female railway servant,

(3)      Sons including step sons and adopted sons,

(4)      Unmarried daughters including step daughters and adopted daughters,

(5)      Widowed daughters including step daughters and adopted daughters.

(6)      Father, Including adopted parents, in the case of individuals whose personal law permits adoption.

(7)      Mother, Including adopted parents, in the case of individuals whose personal law permits adoption.

(8)      Brother below the age of eighteen years including stepbrothers.

(9)      Unmarried sisters and widowed sisters including step sisters,

(10)    Married daughters, and

(11)    Children of a pre-deceased son.

(8)      If the person eligible to the gratuity in the order of preference mentioned in item (1) of sub-rule (7) is totally denied any share in the property of the railway servant under a will or deed made by him, such person shall be treated as ineligible to receive the gratuity which shall then be paid to the next person in the order of preference and where the railway servant makes any such will or deed he may intimate the fact in writing to the Head of Office who shall keep a note in the service book of the railway servant.

(9)      The amount of gratuity payable to a temporary railway servant or to his family in the event of his death may be determined on the bases of the entries made in this service book and drawn without a formal application or accounts report, just as pay claims in pay bill form.

(10)    The non-service staff appointed on the personal staff of Minister (s) or Deputy Ministers that is the staff appointed at the discretion of the Ministers and who on the date of their appointment are not already in Government service shall be treated as purely temporary employees for the purpose of the benefits admissible under this rule.