Compensation Pension [Rule 33, Part III]
- When a permanent post is abolished, the person selected to be discharged will be given two options; [33]
- to leave the service accepting pension benefits based on qualifying service so far earned by the individual.[33(a)]
- either to accept another employment in Government service [33(b)]
- The pension granted as opted by the person, is called compensation pension.
- No pension is admissible to an employee for the loss of an appointment on discharge after the completion of a specified term of service.[36]
- No pension may be awarded for the loss of a compensatory allowance or special pay.[37]
- Reasonable notice should be given to an employee in permanent employment before his services are dispensed with on the abolition of his office. If in any case notice of at least three months is not given, and the employee has not been provided with other employment on the date on which his services are dispensed with, then with the sanction of Government a gratuity not exceeding his emoluments for the period by which the notice actually given to him falls short of three months, may be paid to him, in addition to the pension to which he may be entitled under Rules 64 to 70 but the pension shall not be payable for the period in respect of which he received a gratuity in lieu of notice [40]
- Rules requiring the refund of the compensation gratuity on re-employment, apply to a gratuity awarded under rule 40, if the employee is permanently re-employed within three months from the date of notice. But the employee need not refund that proportion of his gratuity under this rule, which the interval of his non-employment bears to the whole period for which the gratuity is given. If the employee is re-employed only temporarily he need refund no part of his gratuity but if such temporary employment is foreseen, the gratuity should be proportionately reduced.[41]
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Kerala Service Rule Vol.II 6 th Edition
Invalid Pension [Rule 42, Part III]
- Granted to an employee who is suffering from a contagious disease, or physical or mental disability which interferes with the efficient discharge of his duties, after medical examination by a Medical Board with a view to ascertain whether he may be retired from service on invalid pension. [Rule 42(1)]
- An invalid pension shall be granted to an employee who, having appeared on the directions of the Government / pension sanctioning authority under subrule (1) or on his own application, before a duly constituted Medical Board or Medical Officer is certified by such Medical Board or Medical Officer to be permanently incapacitated by a contagious disease or physical or mental disability or infirmity for the public service or for the particular branch of it to which he belongs.[Rule 42(2)]
- The actual period of his qualifying service as on the intended date of invalidation shall be increased by a period of 5 years subject to the condition that the total qualifying service after allowing the weightage shall not exceed 30 years and the weightage shall not exceed the difference between the age of superannuation and the age at the date of invalidation. Fractions, if any in the qualifying service so arrived at shall be rounded to the nearest completed year, that is, fraction of less than half year shall be ignored and half year and above shall be rounded to the next completed year [Rule 42(3)
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Kerala Service Rule Vol.II 6 th Edition
Leap Year Day Count for Service Calculation - Orders issued
Based on Supreme Court Judgement on SLP(C)No.27604/2017 dated 26/11/2018, Govt vide GO(P)102/2019/Fin Dated 14/08/2019 have issed orders for recalculation of service by counting leap year day on February 29. Retired Employees (Pensioners) should apply for service re-calculation to the pension sanctioning authority through last working office within three months from the date of this order. The monetary benefit will be paid w.e.f 26/11/2018 only.
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Pension -General Rules
- KSR Part III Pension Rule shall not be applicable to the employees appointed on or after the 1st day of April,2013. [1(a)]
- The present Pension Rules (Simplified Pension Rules) were introduced with effect from 14/11/1966. [1(b)]
- Future good conduct is an implied condition for every grant of a pension. [2(a)]
- No Pension or Gratuity or DCR Gratuity will be paid in the case of resignation, dismissal or removal from service. [29(a)&(b)]
- Pensions are classified into four as shown below [32]
- Compensation Pensions
- Invalid Pensions
- Superannuation Pensions
- Retiring Pensions
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Kerala Service Rule Vol.II 6 th Edition
