Extraordinary Pension Rule No.4: Entitlement Criteria

4.    Entitlement Criteria:-

(1)   (a) Disablement shall be accepted as due to railway service provided it is certified that it is due to wound, injury or disease which;

(i) Is attributable to railway service, or

(ii) Existed before or arose during railway service and has been and remains aggravated thereby.

(b)   Death shall be accepted as due to railway service provided it is certified that it was due to or hastened by;

(i)    A wound, injury or disease which was attributable to railway service, or

(ii)    The aggravation by railway service of a wound, injury or disease which existed before or arose during railway service.

(2)   There shall be a casual connection between: –

(a)   Disablement and railway service,

(b)   Death and railway service,

for attributability or aggravation to be conceded. Guidelines in this behalf, as provided in the Appendix appended to these rules shall be treated as part and parcel of these rules.

Clarification: It will be seen from the new (revised) Forms C, D and E that these forms of medical certificates have been so designed that they would indicate whether the entitlement criteria laid down in Rule-4 have been satisfied or not, and therefore, normally, no other separate certificates in that behalf may be necessary. It is essential for the Administrative Officer as well as the Accounts Office concerned to satisfy themselves that the death or disability is, in fact, attributable to or aggravated by the Railway service which alone makes an Extra Ordinary Pension Award admissible and for that purpose, it is essential for both of these authorities to satisfy themselves in that behalf and certify the nexus and casual connection between disablement and railway service or between death and railway service (as the case may be), in any particular case, as laid down in the Rule-4 on the basis of the medical and other documents regarding the case. If a railway servant had died in such circumstances and that a medical report could not be secured, even then, the nexus and the casual connection between death and railway service has to be established before conceding acceptance of death due to Government service.

[Authority: No.PC III/78/EOP/3/Main, 18.12.1981]

(3)   Notwithstanding anything contained in these rules, the degree of default or contributory negligence on the part of a railway servant may be taken into consideration in making a award under these rules in favour of such railway servant, but, shall not be taken into account where such award is made in favour of the family of the such railway servant.

NOTE: The provisions of this rule shall cover cases of death after discharge or invalidating from service.