Pension Rule No.10: Provisional Pension Where Departmental Or Judicial Proceedings May Be Pending

10.   Provisional Pension Where Departmental Or Judicial Proceedings May Be Pending:-

(1)(a) In respect of a railway servant referred to in sub-rule (3) of Rule 9, the Accounts Officer shall authorize the provisional pension not exceeding the maximum pension which would have been admissible on the bases of qualifying service up to the date of retirement of the railway servant or if he was under suspension on the date of retirement, upto the date immediately preceding the date on which he was placed under suspension.

(b)      The Provisional pension shall be authorized by the Accounts Officer during the period commencing from the date of retirement upto and including the date on which, after the conclusion of departmental or judicial proceedings, final orders are passed by the competent authority.

(c)      No gratuity shall be paid to the railway servant until the conclusion of the departmental or judicial proceedings and issue of final orders thereon; provided that where departmental proceedings have been instituted under the provisions of the Railway Servants Discipline and Appeal Rules, 1968, for imposing any of the penalties specified in clauses (i), (ii), (iii a) and (iv) of rule 6 of the said rules, the payment of gratuity shall be authorized to be paid to the railway servant.

(2)      Payment of provisional pension made under sub-rule (1) shall be adjusted against final retirement benefits sanctioned to such railway servant upon conclusion of such proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld either permanently or for a specified period.

10.   Provisional Pension where departmental or judicial proceedings may be pending.-

(1) (a) in respect of a railway servant referred to in sub-rule (3) of rule 9, the Accounts Officer shall authorise the provisional pension equal to the maximum pension which would have been admissible on the basis of qualifying service up to the date of retirement of the railway servant, or if he was under suspension on the date of retirement, up to the date immediately preceding the date on which he was placed under suspension.

(b) the provisional pension shall be authorised by the Accounts Officer during the period commencing from the date following the date of retirement up to and including the date on which, after the conclusion of departmental or judicial proceedings, final orders are passed by the competent authority.

(c) no gratuity shall be paid to the railway servant until the conclusion of the departmental or judicial proceedings and issue of final orders thereon.

(d) the provisions of this rule shall not be applicable where allegations of misconduct are under investigation against a railway servant or where departmental or judicial proceedings are contemplated against a railway servant but have not actually been instituted or deemed to have been instituted in accordance with explanation to rule 9, till the date of retirement of the railway servant and the pension and gratuity in such cases shall be authorised to be paid to the railway servant on his retirement in accordance with rule 85:

Provided that any departmental proceedings instituted after retirement of the railway servant shall be subject to the provisions of sub-rule (2) of rule 9.

(2)        payment of provisional pension made under sub-rule (1) shall be adjusted against final retirement benefits sanctioned to such railway servant upon conclusion of such proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld either permanently or for a specified period.

(Rule 10 amended vide No.2023/F(E)III/PN1/1, dated 24.06.2024 (RBE No..55/2024) Published in the Gazette of India, Extraordinary, Part-II, Section-III, Sub-section (i), dated 25.06.2024, G.S.R.346(E)