SIKKIM SERVICES (PENSION) RULES, 1990

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Sikkim hereby makes the following pension rules as the rules regarding conditions of service of persons appointed to the services in connection with the affairs of the State of Sikkim.

1. Short title and commencement. –

(1) These rules may be called the Sikkim Services (Pension) Rules, 1990.
(2) They shall come into force with effect from 1st March 1990.

2. Application. –
(1) Subject to the provisions of sub-rule (2) below, and save as otherwise provided in these rules, these rules shall apply to all Government servants appointed substantively to the services and posts in connection with the affairs of the State of Sikkim which are borne on pensionable establishment, but shall not apply to –

(a) persons in casual and daily rated employment;
(b) persons paid from contingencies;
(c) work-charged employees;
(d) members of All India Services;
(e) persons employed on contract, except when appointment on contract is followed by appointment substantively to the same or another post and unless the contract provides otherwise;
(f) persons whose services may have been obtained on deputation;
(g) persons whose terms and conditions of service are regulated by or under the provisions of the Constitution or any other law for the time being in force; and
(h) persons entitled to the benefit of a Contributory Provident Fund.

(2) Nothing in these rules shall affect the retirement benefits of Government servants who had retired before the commencement of these rules; they shall continue to be governed by the rules or orders in force at the time of their retirement.

3. Definitions. –
(1) In these rules, unless the context otherwise requires, -

(a) “average emoluments” means average of the emoluments drawn by a Government servant during the last ten months of his service as determined in accordance with rule 24;
(b) “child” means a child of the Government servant, who, if a son, is under [25] years of age and, if a daughter, is unmarried and is under [25] years of age and the expression children shall be construed accordingly;
(c) “competent authority” means Secretary, Finance Department or any subordinate authority to whom powers may be delegated in respect of the relevant duty or responsibility;
(d) “emoluments” means emoluments as defined in ruled 23;
(e) “family pension” means family pension as admissible under rule 40 [but does not include dearness relief as defined in rule 52(5)(i);]
(f) “foreign service” means service in which a Government servant received his salary with the sanction of Government from any source other than the Consolidated Fund of India or Consolidated Fund of any other State or of a Union Territory;
(g) “Government” means the Government of Sikkim;
(h) “Governor” means the Governor of Sikkim;
(i) “gratuity” includes –
(a) service gratuity payable under rule 31, and
(b) death-cum-retirement gratuity payable under rule 35;
(j) “minor” means a person, who has not completed the age of 18 years;
(k) “pension” includes gratuity except when the term pension is used in contradiction to gratuity [but does not include dearness relief as defined in rule 52(5)(i);]
(l) “Pension Payment Officer” means an officer of the State Government, whatsoever his official designation may be, who is entrusted with the function of issuing pension payment orders;
(m) “qualifying service” means service rendered while on duty or otherwise which shall be taken into account for the purpose of pensions and gratuities admissible under these rules;
(n) “retirement benefits” include pension or service gratuity and death-cum-retirement gratuity, where admissible.

(2) Words and expressions used in these rules and not defined but defined in the Sikkim Government Service Rules have the meaning respectively assigned to them in those rules.

4. Regulation of claims to pension or family pension. –

(1) Any claim to pension, gratuity or family pension shall be regulated by the provisions of the rules in force at the time when a Government servant retires or is retired or is discharged or is allowed to resign from service or dies, as the case may be.
(2) The day, on which a Government servant retires or is retired or is discharged or is allowed to resign from service, as the case may be, shall be treated as last working day. The date of death shall be treated as a working day:
Provided that in the case of a Government servant who is prematurely retired or who retires voluntarily from a particular date under rule 99 [and 99A] of the Sikkim Government Service Rules, as the case may be, the date from which he retires or is retired shall be treated as non-working day.

5. Limitation on number of pensions. –
(1) A Government servant shall not earn two pensions in the same service or post at the same time or by the same continuous service.
(2) Except as otherwise provided in these rules, a Government servant who has been granted retirement benefits on account of his retirement from Government service and who is subsequently re-employed in Government service shall not be entitled to any retirement benefits for the period of his re-employment.

6. Pension subject to future good conduct. –
(1) (a) Future good conduct shall be an implied condition of very grant of retirement benefit and its continuance under these rules.
(b) The appointing authority may, by order in writing, withhold or withdraw a pension or gratuity or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct:
Provided that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of rupees [one thousand four hundred twenty five.]
(2) Where a pensioner is convicted of a serious crime by a court of law, action under sub-rule (1) above shall be taken in the light of the judgement of the court relating to such conviction.
(3) In a case not falling under sub-rule (2) above, if the appointing authority considers that the pensioner is prima facie guilty of grave misconduct, it shall, before passing an order under sub-rule (1) –
(a) serve upon the pensioner a notice specifying the action proposed to be taken against him and the grounds on which it is proposed to be taken and calling upon him to submit within 15 days of the receipt of the notice or such further time not exceeding 15 days as may be allowed by the appointing authority, such representation as may wish to make against the proposal; and
(b) take into consideration the representation, if any, submitted by the pensioner under clause (a).
(4) An appeal against an order under sub-rule (1) passed by any authority other than the Governor shall lie to the Governor and the Governor shall, in consultation with the Sikkim Public Service Commission, pass such orders on the appeal, as he deems fit.
Explanation. –
(a) In this rule the expression “serious crime” includes a crime involving an offence under Official Secrets Act, 1923 (19 of 1923).
(b) The expression “grave misconduct” includes the communication or disclosure of any secret official code or pass-word or any sketch, plan, model, article, note, document or information such as is mentioned in section 5 of the Official Secrets Act, 1923 (19 of 1923) (which was obtained while holding office under the Government) so as to prejudicially affect the interests of the general public or the security of the State.
(5) A pensioner shall not take part in politics except with prior approval of the Government. The Government may, within its discretion, grant permission without any condition or with such conditions as it may impose under general orders in force in respect of the subject.

7. Right of Government to withhold or withdraw pension. –
(1) The Government reserves to itself the right of withholding or withdrawing a pension or gratuity or part thereof whether permanently or for a specified period and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Government, if in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of his service rendered upon re-employment after retirement provided that where a part of the pension is withheld or withdrawn, the amount of such pension shall not be reduced below rupees [one thousand four hundred twenty five.]
(2) (a) The departmental proceedings referred to in sub-rule (1), if instituted while the Government servant was in service whether before his retirement or during his re-employment, shall, after the final retirement of the Government servant, be deemed to be proceedings under this rule and shall be continued and concluded by the authority by which they were commenced in the same manner as if the Government servant had continued in service:
Provided that where the departmental proceedings are instituted by an authority subordinate to the Government, that authority shall submit a report recording its findings to the Government.
(b) The departmental proceedings, if not instituted while the Government servant was in service, whether before retirement or during his re-employment -
(i) shall not be instituted save with the sanction of the Government;
(ii) shall not be in respect of any event which took place more than 4 years before such institution; and
(iii) shall be conducted by such authority as the Government may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the Government servant during his service.
[(3) ……………………………………………..]
(3) Where the Government decides not to withhold or withdraw pension, but orders recovery of pecuniary loss from pension, the recovery shall not ordinarily be made at a rate exceeding one-third pension admissible on the date of retirement of a Government servant.
(5) For the purpose of this rule –
(a) departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant or pensioner, or if the Government servant is placed under suspension from a earlier date, on such date; and
(b) judicial proceedings shall be deemed to be instituted
(i) in the case of criminal proceeding, on the date on which the complaint or report of a police officer, of which the Magistrate takes cognisance, is made; and
(ii) in case of civil proceedings, on the date the plaint is presented in the Court.
(6) Recovery of Government dues including loans, advances, overpayments and other dues outstanding against a Government servant till the date of retirement shall be made from the death-cum-retirement gratuity becoming payable.

8. Commercial employment after retirement. –
(1) If a pensioner, who immediately before his retirement was a class I officer, wishes to accept any commercial employment before the expiry of two years from the date of retirement, shall obtain the previous sanction of the Government to such acceptance:
Provided that a Government servant, who was permitted by the Government to take up a particular form of commercial employment during his leave preparatory to retirement or during refused leave, shall not be required to obtain subsequent permission for his continuance in such employment after retirement.
(2) If any pensioner (who was class I officer) takes up any commercial employment before the expiry of two years from the date of his retirement and without prior permission of the Government it shall be competent for the Government to declare by an order in writing and for reasons to be recorded therein that he shall not be entitled to the whole or such part of the pension and for such period as may be specified in the order:
Provided that no such order shall be made without giving the pensioner concerned an opportunity of showing cause against such declaration.
(3) The permission to accept commercial employment may be granted to a pensioner by the Government provided that such employment is not considered prejudicial to the integrity and interest of Government service and provided further that if the salary in commercial employment exceeds the salary drawn by the officer immediately before retirement plus 25 per cent thereof, the amount of pension shall stand reduced and rendered inadmissible to the extent of such excess during the period of the private commercial employment during the two years from the date of retirement.
(4) The expression “commercial employment” means an employment in any capacity including that of an agent under the company, co-operative society, firm or individual engaged in trading, commercial, industrial, financial or professional business and includes a directorship of such company and partnership of such firm, but does not include employment under a body corporate, wholly or substantially owned or controlled by the Government of Sikkim, the Central Government or any other State Government.

9. Employment after retirement under a Government outside India. - If a pensioner, who immediately before his retirement was a class I officer, wishes to accept any employment under any Government outside India, he shall obtain the previous permission of the Government for such acceptance and no pension shall be payable to a pensioner, who accepts such an employment without proper permission in respect of any period for which he is so employed or such longer period as the Government may direct:
Provided that a Government servant who was permitted by the Government to take up a particular form of employment under any Government outside India during his leave preparatory to retirement shall not be required to obtain subsequent permission for his continuance in such employment after retirement.
Explanation. – For the purpose of this rule, the expression employment under any Government outside India includes employment under a local authority or corporation or any other institution or organisation which functions under the supervision or control of a Government outside India, or an employment under an international organisation of which the Government of India is not a member.

10. Commencement of qualifying service. –
Subject to the provisions of these rules, qualifying service of a Government servant shall commence from the date he takes charge of the post to which he is first appointed provided that the initial appointment is, after a minimum period of one year, followed without interruption by substantive appointment by confirmation in the same or another post or service:
Provided further that –
(a) in the case of initial appointment of class III and class IV Government servants, the service, if any, rendered before completing 18 years of age shall not count for pension; and
(b) in the case of initial appointment of a gazetted Government servant, the service, if any, rendered before attaining the age of 21 years shall not count for pension.

11. Counting of service on probation.- Service on probation against a post, if followed by confirmation in the same or another post, shall qualify for pension.

12. Counting of service on contract. – A person, who is initially engaged by the Government on a contract for a specified period and is subsequently appointed to the same or another post in a substantive capacity in a pensionable establishment without interruption of duty, may count the service on contract for pension provided that he has not received any other form of benefit or compensation for the contract service.

13. Counting of pre-retirement civil service in the case of re-employment Government Servant. –
(1) A Government servant, who having retired on compensation or invalid pension or compensation gratuity or invalid gratuity, is re-employed and appointed substantively to a Service or post to which these rules apply shall continue to draw the pension or retain the gratuity sanctioned for the earlier service and shall not count the former service as qualifying service. The pension or gratuity admissible for the latter service would be subject to the limitation that the service gratuity or the capital value of the pension (as per commutation rules) and death-cum-retirement gratuity, if any, shall not be greater than the difference between the capital value of the pension and death-cum-retirement gratuity, if any, that would be admissible at the time of Government servant’s final retirement, if the two periods of service were combined and the value of retirement benefits already granted to him for the previous service.
(2) If no compensation pension or invalid pension or compensation gratuity or invalid gratuity has been obtained by the Government servant for the past service, the past service shall count as qualifying service.

14. Counting of military service rendered before civil employment. –
A Government servant, who is re-employed in civil service or post before attaining the age of superannuation and who, before such re-employment, had rendered military service may, on his confirmation in civil service or post, retain the military pension or gratuity in which case his former military service shall not count as qualifying service.

15. Counting of periods spent on training. –
Any period of training prior to first appointment shall not qualify but any period in-service training after appointment in Government service shall qualify for pension.

16. Counting of periods spent on leave. –
All leave during service for which leave salary is payable and all extra-ordinary leave granted on medical certificate shall count as qualifying service:
Provided that in the case of extra-ordinary leave other than extra-ordinary leave granted on medical certificate, the appointing authority may, at the time of granting such leave, allow the period of that leave to count as qualifying service if such leave is granted to a Government servant due to his inability to join or rejoin duty on account of civil commotion, or for prosecuting higher scientific and technical studies.

17. Counting of period of suspension. –
Time spent by a Government servant under suspension pending inquiry into conduct shall count as qualifying service, where, on conclusion of such inquiry, he has been fully exonerated or the suspension is held to be wholly unjustified; in other cases, the period of suspension shall not count unless the authority competent to pass orders under the rule governing such cases expressly declares at the time that it shall count to such extent as the competent authority may declare. Periods of suspension treated as extra-ordinary leave shall not count as qualifying service.

18. Forfeiture of service on dismissal or removal. -
Dismissal or removal of a Government servant from a Service or post as a penalty entails forfeiture of his past service:
Provided that a Government servant who is dismissed or removed from service, but is re-instated on appeal or review, is entitled to count his past service as qualifying service:
Provided further that the period of interruption in service between the date of dismissal or removal or compulsory retirement, as the case may be, and the date of re-instatement, and the period of suspension, if any, shall not count as qualifying service unless regularised as duty or leave (other than extraordinary leave) by a specific order of the authority which passes the order of re-instatement.

19. Forfeiture of service on resignation. –
(1) Resignation from service or a post, unless it is allowed to be withdrawn in the public interest by the Government, entails forfeiture of past service.
(2) A resignation shall not entail forfeiture of past service if it has been submitted to take up, with proper permission, another appointment under the Government where service qualifies for pension.
(3) Interruption in service in a case falling under sub-rule (2), due to the two appointments being at different stations, not exceeding the joining time permissible under the rules of transfer, shall be covered by grant of leave of any kind due to the Government servant on the date of relief or by formal condonation to the extent to which the period is not covered by leave due to him.
[(4) A resignation submitted for the purpose of rule 32 shall not entail forfeiture of past service under the Government.]

20. Counting of period of deputation to other Government organisation. –
(1) Any period spent on deputation to Central Government or any other State Government shall qualify for pension.
(2) Any period spent on deputation on foreign service to another organisation, shall qualify for pension provided that an appropriate amount of pension/gratuity contribution as may be prescribed by the Government is paid to the Government either by the organisation utilising the Government servant’s services or by the Government servant himself.
21. Counting of service in work-charged establishment. – If a Government servant in a work-charged establishment is taken into a pensionable establishment, half the work-charged service shall count towards qualifying service.

22. Effect of interruption in service – condonation of interruption. –
(1) An interruption in the service of a Government servant entails forfeiture of past service for the purpose of pension except in the following cases: -
(a) authorised leave of absence;
(b) unauthorised absence in continuation of authorised leave of absence, if treated as extraordinary leave and not as wilful absence after expiry of leave, so long as the post of the absentee is not filled substantively;
(c) suspension, where it is immediately followed by re-instatement, whether in the same or in a different post, or where the Government servant dies or is permitted to retire or is retired on attaining the age of superannuation;
(d) transfer by the Government to non-qualifying service in an establishment under the control of the Government in the public interest; and
(e) joining time while on transfer from one post to another.
(2) Period of unauthorised absence from duty without the prior sanction of leave, or refusal to return to duty on recall from leave before its expiry or wilful absence from duty after expiry of leave sanctioned and unauthorised over-stayal of joining time, shall be treated as misbehaviour rendering the Government servant liable to disciplinary action. The period of such unauthorised absence, if treated as dies-non, shall constitute an interruption of service for the purpose of pension and unless there are specific orders of the competent authority not to treat the period as such, the entire past service shall stand forfeited.
(3) Where, under sub-rule (2), the past service is not to be forfeited under orders of the competent authority and the interruption is condoned, the period of interruption referred to in sub-rule (2) shall not count as qualifying service.
(4) The appointing authority may by order commute retrospectively the periods of absence without leave [or] unauthorised absence referred to in sub-rule (2) into extraordinary leave.

23. Emoluments. –
The expression “emoluments” means basic pay [plus Non-Practising Allowance plus Dearness Allowance taken as Dearness Pay] other than special pay or personal pay which a Government servant was receiving immediately before his retirement or on the date of his death on account of a post to which he has been appointed substantively or in an officiating capacity.
[Explanation. – Stagnation increment shall be treated as emoluments for calculation of retirement benefits.]
Note I. – If a Government servant immediately before his retirement or death while in service had been absent from duty on leave for which leave salary is payable or having been suspended had been reinstated without forfeiture of service, the emoluments which he would have drawn had he not been absent from duty or suspended, shall be the emoluments for the purpose of this rule:
Provided that any increase in pay (other than increment referred to in Note 4) which is not actually drawn shall not form part of his emoluments.

Note 2 . – Where a Government servant immediately before his retirement or death while in service had proceeded on leave for which leave salary is payable after having held a higher appointment in officiating or temporary capacity, the benefit of emoluments drawn in such higher appointment shall be given only if it is certified that the Government servant would have continued to hold the higher appointment but for his proceeding on leave.

Note 3. –If a Government servant immediately before his retirement or death while in service had been absent from duty on extraordinary leave or had been under suspension or on unauthorised absence, the period whereof does not count as qualifying service, the emoluments which he drew immediately before proceeding on such leave or being placed under suspension, or being on unauthorised absence shall be the emoluments for the purpose of this rule.

Note 4. – If a Government servant immediately before his retirement or death while in service was on earned leave and earned an increment which was not withheld, such increment, though not actually drawn, shall form part of his emolument:
Provided that the increment was earned during the currency of the earned leave not exceeding 120 days or during the first 120 days of earned leave where such leave was for more than 120 days.

Note 5. – Pay drawn by a Government servant while on deputation to another Government or while on foreign service to another organisation shall not be treated as emoluments, but the pay, which he would have drawn under the Government, had he not been on deputation or on foreign service shall alone be treated as emolument.

Note 6. – Where a pensioner, who retired on compensation pension is re-employed in Government service in terms of rule 13(1) and who retains his pension/gratuity for earlier service and whose pay on re-employment has been reduced by an amount not exceeding his pension, the element of pension by which his pay is reduced shall be treated as emoluments.

24. Average emoluments. –
Average emoluments shall be determined with reference to the emoluments drawn by a Government servant during last 10 months of his service.
Note I. – If during the last 10 months of his service, Government servant has been absent from duty on leave (including extraordinary leave) or had been under suspension or unauthorised absence, the emoluments during such periods which shall be taken into account for calculating average emoluments shall be as indicated in Notes 1, 2, 3 and 4 below rule 23.
Note 2. – If a Government servant retires or dies on date other than the afternoon of the last date of the month, the period of 10 months for the purpose of average emoluments should be counted as per the illustration below: -
Suppose a Government servant retires on 17.6.89. The intention is that the average emoluments for 10 months should be reckoned for the periods as follows: -
                                  Month    Days
18.8.88 to 31.8.88              0       14
01.9.88 to 31.5.89              9        0
01.6.89 to 16.6.89              0       16
                                     ========
                                      10      00
It will be noted that at one end there are 14 days of August and at the other end 16 days of June. In order that the fractions of a month at either end, when added, work out to one full month; a month, for this purpose, may be reckoned as consisting of 30 days so that fractions at either end will be expressed as 14/30 and 16/30. Emoluments for fractional periods may be computed by multiplying the monthly emoluments by the factors 14/30 and 16/30, irrespective of the number of days in the month. This formula will also apply in the case of the month of February, irrespective of whether the month has 28 or 29 days.

25. Superannuation pension. –
A superannuation pension shall be granted to a Government servant who is retired from service on his attaining the age of 58 years:
Provided that no pension under this rule shall be granted unless the Government servant has completed a minimum of 10 years of qualifying service.

26. Retiring pension. –
(1) A retiring pension shall be granted to a Government servant who is permitted to retire or is retired by the Government (otherwise than as penalty under the Sikkim Government Servants’ Discipline and Appeal Rules) after attaining the age of 50 years or after rendering not less than 25 years qualifying service in accordance with rule 99 of the Sikkim Government Service Rules [and to a Government servant who is permitted to retire after completing twenty years of qualifying service in accordance with rule 99A of Sikkim Government Service Rules.]
Provided that a Government servant retiring after attaining 50 years of age shall be entitled to pension under this rule if has completed a minimum of 10 years of qualifying service.
(2) In case of a Government servant, who is compulsorily retired as a penalty under the provisions of the Government Servants’ Discipline and Appeal Rules, the Government may, at its discretion with reference to the circumstances of the case leading to the compulsory retirement, grant a retiring pension:
Provided that he had rendered a minimum qualifying service of 10 years:
Provided further that the competent authority may direct that the pension be paid at a reduced rate, which, however, may not be less than half the pension admissible to him on the date of compulsory retirement on service rendered by him:
Provided further that if the qualifying service is less than 10 years, the competent authority may grant service gratuity at a reduced rate not less than half the gratuity admissible on the date of retirement.
(3) If a Government servant retires voluntarily under rule 99(2) [and 99A]of the Sikkim Government Service Rules, 1974, the qualifying service as determined shall be increased by a period not exceeding five years subject to the condition that the total qualifying service thus worked out does not exceed 33 years and it does not take him beyond the date of superannuation.
Note. – The weightage not exceeding five years shall be used only for the purpose of reckoning qualifying service for pension/gratuity and shall not confer any other benefit like notional increase in pay etc.
27. Invalid pension. –
(1) A Government servant who is declared by the appropriate medical authority to be permanently incapacitated for further service may be granted invalid pension provided he has completed a minimum of 10 years qualifying service. If the qualifying service is less than 10 years, he may be granted invalid gratuity at the rate of half month’s pay for every completed six monthly period of service.
(2) Where the medical authority referred to in sub-rule (1) has declared a Government servant for further service of less laborious character than which he has been doing, he may, if possible, be employed on lower pay and if there be no means of employing him even on lower pay, he may be granted invalid pension.
(3) If the incapacity is directly due to irregular or intemperate habits of a Government servant, neither pension nor gratuity may be granted.
(4) If the incapacity has not been directly caused by such habits but has been accelerated or aggravated by them, it shall be at the discretion of the pension sanctioning authority as to what reduction should be made on this account.
Note I. –The term “irregular or intemperate habits” occurring in this rule refers to incapacity due to alcoholism, drug habits or disease caused by immoral habits.
Note 2. – Instructions regarding medical examination for invalidation are contained in Appendix I.
28. Compensation pension. –
(1) If a Government servant is selected for retirement owing to the abolition of his permanent post and no alternative appointment has been provided to him, a notice of at-least three months or pay and allowances in lieu of the period which the notice actually given falls short of three months shall be given to him. He shall be granted compensation pension to which he may be entitled for the service he had rendered provided that the qualifying service rendered is not less than 10 years.
(2) No compensation pension shall be payable for the period in respect of which he had received pay and allowances in lieu of notice.
(3) If a Government servant is re-employed before the expiry of the period for which he has received pay and allowance in lieu of notice, he shall refund the pay and allowances so received for the period following his re-employment.
(4) If a Government servant, who is entitled to compensation pension, accepts instead another appointment under the Government and subsequently becomes entitled to receive a pension of any class, the amount of such pension shall not be less than the compensation pension, which he could have claimed if he had not accepted the appointment.

29. Compulsory retirement pension. –
A Government servant compulsorily retired from service as a penalty may be granted, by the authority competent to impose such penalty, pension or gratuity or both at a rate not less than half and not more than full compensation pension or gratuity or both admissible to him on the date of his compulsory retirement provided that the pension shall not be less than rupees [one thousand four hundred twenty five] per month.

30. Compassionate allowance. – A Government servant who is dismissed or removed from service shall forfeit his pension and gratuity. If his case deserves special consideration the Government may, as a special case, sanction a compassionate allowance not exceeding half the pension or gratuity or both that would have been admissible to him if he had retired on compensation pension provided that the allowance shall not be less than rupees [one thousand four hundred twenty five] per month.

31. Service gratuity. – A Government servant who, before his retirement, has not completed a minimum of 10 years’ qualifying service and is, therefore, not entitled to pension under these rules shall be entitled to service gratuity at the rate of half month’s pay for every completed six monthly period of service.
[Explanation. – If the amount of service gratuity or invalid gratuity or compensation gratuity as finally calculated contains a fraction of a rupee, it shall be rounded up to the next higher rupee.]

32. Pension on absorption in or under a Corporation, Company or Body. – If a Government servant desires to get absorbed in a Service or post in or under a Corporation or Company wholly or substantially owned or controlled by the Government or in or under a body controlled or financed by the Government, he shall be required to resign his appointment under the Government and permanent absorption shall take effect from the date of acceptance of resignation. If such absorption is declared by the Government to be in public interest, the Government servant shall be deemed to have retired from service from the date of such absorption and shall be eligible to receive retirement benefits as admissible under the rules from such date as may be determined by the Government.

33. Payment of commuted value of pension and death cum retirement gratuity to persons on absorption in or under a Corporation, Company or Body. – In addition to the death-cum-retirement gratuity payable to the Government servant on absorption in or under a Corporation, Company or Body under rule 32, commutation of pension, as may be admissible to him in accordance with the Sikkim Services (Commutation of Pension) Rules, 1985 shall be allowed.

34. Amount of pension. –
(1) In the case of a Government servant retiring in accordance with the provisions of these rules after completing qualifying service of not less than thirty-three years, the amount of pension shall be at the rate of fifty percent of average emoluments for the last ten months of service.
(2) In the case of a Government servant retiring in accordance with the provisions of these rules before completing the qualifying service of thirty three years but after completing the qualifying service of ten years, the amount of pension shall be proportionate to the amount of pension admissible under sub-rule (1).
(3) Notwithstanding anything contained in sub-rule (1) and sub-rule (2) the amount of invalid pension shall not be less than the amount of family pension under [sub-rule (2) of rule 40.]
(4) In calculating the length of qualifying service fraction of a year equal to three months and above but less than six months shall be treated as completed one half year and reckoned as qualifying service.
(5) The amount of pension finally determined under sub-rule (1) or sub-rule (2) shall be expressed in whole rupees and where pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee. In all cases the amount of pension shall be subject to a minimum of rupees [one thousand four hundred twenty five] per month and a maximum of [fifty percent of the highest pay i.e. Rs.21,250/- in the Government] per month.

35. Death-cum-retirement gratuity. –
(1) Subject to sub-rule (4) below, a Government servant who is entitled to superannuation or invalid or compensation pension shall on such retirement be granted death-cum-retirement gratuity equal to one-fourth of his emoluments under rule 23 immediately before his retirement for each completed six monthly period of his qualifying service subject to a maximum of sixteen and a half times of his emoluments.

 [(2) If a Government servant dies while in service, the payment of the gratuity shall be as follows:

Provided that the amount of death-cum-retirement gratuity payable under sub-rule (1) and sub-rule (2) shall in no case exceed rupees two lakhs.]
[(3)……………………………………………………]
(4) A Government servant who is compulsorily retired as a penalty but is granted a retiring pension under rules 26(2) and 29 may, within the discretion of the Government with reference to the particular circumstances of the case leading to the penalty, be granted death-cum-retirement gratuity on the basis of his qualifying service:
Provided that the competent authority imposing the penalty may direct that the gratuity shall be paid at the reduced rate, which, however, may not be less than half the normal admissible amount on his qualifying service.
[(4A) If the emoluments of a Government servant have been reduced during the last ten months of his service otherwise than as penalty, average emoluments as referred to in rule 24 shall be treated as the emoluments for the purposes of sub-rule (1) to (4) of this rule.

Explanation. –If the amount of death-cum-retirement gratuity as finally calculated contains a fraction of a rupee, it shall be rounded up to the next higher rupee.]
(5) For the purpose of this rule and rules 36, 37 and 38, family in relation to a Government servant means, -
(i) wife or wives, including judicially separated wife or wives, in the case of a male Government servant;
(ii) husband, including judicially separated husband, in the case of a female Government servant;
(iii) sons, including step sons and adopted sons;
(iv) unmarried daughters, including step daughters and adopted daughters;
(v) widowed daughters, including step daughters and adopted daughters;
(vi) father;
(vii) mother;
(viii) brothers below the age of eighteen years including step brothers;
(ix) unmarried sisters and widowed sisters including step sisters;
(x) married daughters; and
(xi) children of a pre-deceased son.
36. Persons to whom death-cum-retirement gratuity is payable. –
(1) (a) The gratuity under rule 35 shall be paid to the person or persons on whom the right to receive the gratuity is conferred by means of a nomination under rule 38.
(b) If there is no such nomination or if the nomination made does not subsist, the gratuity shall be paid in the manner indicated below: -
(i) if there are one or more surviving members of the family as in clauses (i), (ii), (iii) and (iv) of sub-rule (5) of rule 35, to all such members in equal shares;
(ii) if there are no such surviving members of the family as in sub-clause (i) above, but there are one or more members as in clauses (v), (vi), (vii), (viii), (ix), (x) and (xi) of sub-rule (5) of rule 35, to all such members in equal shares.
(2) If a Government servant dies after retirement without receiving the gratuity admissible under sub-rule (1) of rule 35, the gratuity shall be disbursed to the family in the manner indicated in sub-rule (1).
(3) The right of a female member of the family, or that of a brother of a Government servant who dies while in service or after retirement to receive the share of gratuity shall not be affected if the female member marries or re-marries, or the brother attains the age of eighteen years, after the death of the Government servant and before receiving her or his share of the gratuity.
(4) Where gratuity is granted under rule 35 to a minor member of the family of the deceased Government servant, it shall be payable to the guardian on behalf of the minor.

37. Lapse of death-cum-retirement gratuity. – Where a Government servant dies while in service, or after retirement without receiving the amount of gratuity and leaves behind no family and –
(a) had made no nomination; or
(b) the nomination made by him does not subsist; or
(c) there is no heir whose right of succession is supported by a decree from a court of law in Sikkim,
the amount of death-cum-retirement gratuity payable in respect of such Government servant under rule 35 shall lapse to the Government.

38. Nomination. –
(1) A Government servant shall, on his initial confirmation in a service or post or immediately after completion of one year of qualifying service, send to the Pension Payment Officer in Form 1 or 2 or 3 (Appendix 2 or 3 or 4) as may be appropriate, a nomination, in duplicate, conferring on one or more persons, the right to receive death-cum-retirement gratuity that may be due to him under rule 35, in the event of his death before the gratuity has become payable or having become payable, has not been paid:
Provided that if at the time of making the nomination –
(i) the Government servant has a family, the nomination shall not be in favour of any person or persons other than the members of his family; or
(ii) the Government servant is a bachelor or a widower and has no family member, the nomination may be made in favour of any person or persons he decides.

Note 1. - One copy of the nomination duly countersigned by the Head of Office shall be pasted on the service book of the Government servant.
Note 2. – On receipt of the nomination form, the Pension Payment Officer shall acknowledge it in the prescribed form (Appendix 2A or 3A or 4A). The Pension Payment Officer shall countersign the nomination indicating the date of receipt and keep it under safe custody after entering it into the Nomination Register to be maintained for the purpose.
(2) If a Government servant nominates more than one person under sub-rule (1), he shall specify in the nomination the percentage of shares payable to each of the nominees in such a manner as to cover the entire amount of gratuity.
(3) The nomination made by a Government servant, who has no family at the time of making the nomination, shall become invalid in the event of the Government servant subsequently acquiring a family and the nomination earlier made shall automatically stand cancelled, even if the Government servant does not cancel it and does not make a fresh nomination in favour of any member of his family.
(4) A Government servant may provide in the nomination –
(i) that in respect of any specified nominee who predeceases the Government servant, or who dies after the death of the Government servant but before receiving the payment of gratuity, the right to be conferred on the nomination shall pass to such other person as may be specified in the nomination:
Provided that if at the time of making nomination the Government servant has a family consisting of more than one member, the persons specified shall not be a person other than a member of his family:
Provided further that where a Government servant has only one member of his family and nomination has been made in his favour, it is open to the Government servant to nominate alternate nominee or nominees in favour of any person or persons.
(ii) that the nomination shall become invalid in the event of the happening of the contingency provided therein.
(5) The nomination made by the Government servant under second proviso to clause (i) of sub-rule (4) where he has only one member in his family shall become invalid in the event of the Government servant subsequently acquiring a family or an additional member in the family, as the case may be.
(6) Subject to the provisions of sub-rules (1), (2) and (3), a Government servant may at any time cancel any of the previous nominations by sending a notice in writing to the Pension Payment Officer:
Provided that he shall, along with such notice, send a fresh nomination in accordance with this rule.
(7) Immediately on the death of a nominee in respect of whom no special provision has been made in the nomination under clause (i) of sub-rule (4) or on the occurrence of any even by reason of which the nomination becomes invalid in pursuance of clause (ii) of this sub-rule, the Government servant shall send to the Pension Payment Officer a notice in writing cancelling the nomination together with fresh nomination made in accordance with this rule.
(8) Every nomination made, and every notice of cancellation given, if valid, shall be effective from the date on which it is received by the Pension Payment Officer.

39. Commutation of pension. – Commutation of pension shall be regulated under the Sikkim Services (Commutation of Pension) Rules, 1985, reproduced in Part II of these rules.

40. Family pension. –

(1) The provisions of this rule shall apply –
(a) to a Government servant entering service in a pensionable establishment on or after the 1st December, 1977;
(b) to a Government servant, who was in service on the 30th November, 1977 and came to be governed by the provisions of the Family Pension Scheme for Sikkim Government employees contained in Finance Department Notification No.3/Fin dated 20.5.1975 as in force before the commencement of this rule;
(c) to all recipient of family pension under the existing Family Pension Scheme. The revised rates of family pension (as introduced vide Finance Department Notification No.1/Fin dated 3.4.1978) in such case would be applicable from the date the modified scheme came into force i.e. 1st December 1977. Any further revision of rates after 3.4.1978 would not apply to those Government servants who would have retired prior to such subsequent revision; and
(d) to all eligible members of the family of the Government servants who retired or died while in service before 1st October 1974. The benefit will however be deemed to have been admissible with effect from 1st July 1989.
[(2) Subject to the provisions of sub-rule (5) and without prejudice to the provisions of sub-rule (4) when a Government servant dies :
(a) after completion of not less than three years of continuous service; or
(b) after retirement from service was, on the date of death, in receipt of a pension other than the pension referred to in rule 32, the family of the deceased Government servant shall be entitled to family pension, the amount of which shall be 30% of emoluments for all categories of employees without a maximum limit.]
(3) The amount of family pension shall be fixed at the monthly rates and expressed in whole rupee; it shall be rounded to the next higher rupee. In all cases the amount of family pension shall be subject to a minimum of rupees [one thousand four hundred twenty five] per month [……..]
(4) (a) (i) Where a Government servant who is not governed by the Workmen’s Compensation Act, 1923 (8 of 1923) dies while in service after having rendered not less than seven years’ continuous service, the rate of family pension payable to the family shall be equal to 50 per cent of the basic pay last drawn or twice the family pension admissible under sub-rule (2), whichever is less, and the amount so admissible shall be payable from the date following the date of death of Government servant for a period of seven years or for a period up-to the date on which the deceased Government servant would have attained the age of 65 years if he had remained alive, whichever is less.
(ii) In the event of death of a Government servant after retirement, the family pension as determined under sub-clause (i) shall be payable for a period of seven years, or for a period up-to the date on which the retired deceased Government servant would have attained age of 65 years if he had remained alive, whichever is less:
Provided that in no case the amount of family pension determined under sub-clause (ii) of this clause shall exceed the pension authorised on retirement (before commutation) from Government service:
Provided further that where the amount of pension authorised on retirement (before commutation) is less than the amount of family pension admissible under sub-rule (2), the amount of family pension determined under this clause shall be limited to the amount of family pension admissible under sub-rule (2).
(b) (i) Where a Government servant, who is governed by the Workmen’s Compensation Act, 1923 (8of 1923) dies while in service after having rendered not less than seven years continuous service, the rate of family pension payable to the family shall be equal to 50 percent of the basic pay last drawn or one and a half times the family pension admissible under sub-rule (2), whichever is less.
(ii) The family pension so determined under sub-clause (i) shall be payable for the period mentioned in clause (a):
Provided that where a compensation is not payable under the aforesaid Act, the Head of Department shall send a certificate to the Pension Payment Officer to the effect that the family of the deceased Government servant is not eligible for any compensation under the aforesaid Act, and the family shall be paid family pension on the scale and the period mentioned in clause (a).
(c) After the expiry of the period referred to in clause (a), the family, in receipt of family pension under that clause or clause (b), shall be entitled to family pension at the rate admissible under sub-rule (2).
(d) Where extraordinary pension is allowed, no family pension under this rule shall be authorised.
(5) The period for which family pension is payable shall be as follows: -
(i) in the case of a widow or widower, up-to the date of death or re-marriage, whichever is earlier;
(ii) in the case of a son, until he attains the age of [25] years [or starts his own earnings, whichever is earlier], and
[(iii) in the case of daughter, until the age of 25 years or date of marriage or starts her own earnings, whichever is earlier,]
[(iv) If the son or daughter of the Government servant is suffering from any disability or he/she is physically crippled or disabled and unable to earn living even after attaining the age of 25 years, the family pension shall be payable to such son or daughter for life, subject to the conditions laid down in Appendix-1A.]
(6) (a) (i) Where the family pension is payable to more widows than one, the family pension shall be paid to the widows in equal shares.
(ii) On the death of a widow, her share of the family pension shall become payable to her eligible child:
Provided that if the widow is not survived by any child, her share of family pension shall ceased to be payable.
(b) Where the deceased Government servant or pensioner is survived by a widow but has left behind eligible child or children from another wife who is not alive, the eligible child or children shall be entitled to the share of the family pension, which the mother would have received, if she had been alive at the time of death of the Government servant or pensioner.
[(6A) .While considering payment of pension to persons falling under clauses (ii) and (iii) of sub-rule (5), the pension payment officer shall obtain a certificate every month to the effect that –
(i) he or she has not started his or her own earnings, and
(ii) in case of daughter, she has not yet married.]
(7) (i) Except as provided in sub-rule (6), the
family pension shall not be payable to more than one member of the family at the same time.
(ii) If a deceased Government servant or pensioner leaves behind a widow or widower, the family pension shall become payable to the widow or widower, failing which to the eligible child.
[(iii) The family pension to the children shall be payable in the order of their birth and the younger of them will not be eligible for family pension unless the elder next above him/her has become ineligible for the grant of family pension: Provided that where the family pension is payable to twin children, it shall be paid to such children in equal shares.]
(iv) Where a female Government servant or male Government servant dies leaving a judicially separated husband or widow and no child or children, the family pension in respect of the deceased shall be payable to the person surviving:
Provided that where in a case the judicial separation is granted on the ground of adultery and the death of the Government servant takes place during the period of such judicial separation, the family pension shall not be payable to the person surviving if such person surviving was held guilty of committing adultery.
(v) Where a female Government servant or male Government servant dies leaving behind a judicially separated husband or widow with a child or children, the family pension payable in respect of the deceased shall be payable to the surviving person provided he or she is the guardian of such child or children.
(vi) Where the surviving person has ceased to be the guardian of such child or children, such family pension shall be payable to the person who is the actual guardian of such child or children.
(8) Where a deceased Government servant or pensioner leaves behind more children than one, the eligible child shall be entitled to the family pension for the period mentioned in clause (ii) or clause (iii) of sub-rule (5) as the case may be, and after the expiry of that period the next child shall become eligible for the grant of family pension.
(9) Where family pension is granted under this rule to a minor, it shall be payable to the guardian on behalf of the minor.
(10) In case both wife and husband are Government servants and are governed by the provisions of this rule and one of them dies while in service or after retirement, the family pension in respect of the deceased Government servant shall become payable to the surviving husband or wife, and in the event of death of the surviving husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parent subject to the limits specified below, namely, -
(a) (i) If the surviving child or children is or are eligible to draw two family pensions at the rates mentioned in sub-rule (4), the amount of both the pensions shall be limited to rupees two thousand per month;
(ii) if one of the family pensions ceases to be payable at the rate mentioned in sub-rule (4) and in lieu thereof pension at the rate mentioned in sub-rule (2) becomes payable, the amount of both the pensions shall also be limited to rupees two thousand per month;
[(b)…..]
(11) (a) If a person, who in the event of death of a Government servant while in service, is eligible to receive family pension under this rule is charged with the offence of murdering the Government servant or for abetting in the commission of such an offence, the claim of such a person, including other eligible member or members of the family to receive the family pension, shall remain suspended till the conclusion of the criminal proceedings instituted against him.
(b) If on the conclusion of the criminal proceedings referred to in clause (a), the person concerned –
(i) is convicted for the murder or abetting in the murder of the Government servant, such a person shall be debarred from receiving the family pension, which shall be payable to other eligible member of the family, from the date of death of the Government servant.
(ii) is acquitted of the charge of murder or abetting in the murder of the Government servant, the family pension shall be payable to such a person from the date of death of the Government servant.
(c) The provisions of clause (a) and clause (b) shall also apply for the family pension becoming payable on the death of a Government servant after retirement.
(12) (a) (i) As soon as a Government servant enters Government service, he shall give details of his family in the prescribed form (Appendix 5) to the head of department or head of office as the case may be.
(ii) If the Government servant has no family he shall furnish details in the prescribed form as soon as he acquires a family.
(b) The Government servant shall communicate to the head of department or head of office, as the case may be, any subsequent change in the size of his family, including the fact of marriage of his daughter(s).
(c) On receipt of the said form, it shall be pasted on the service book of the Government servant concerned. Any change in the size of family communicated by the Government servant shall also be incorporated in the form pasted on the service book.
[(12A) Payment of retirement benefits to the family, in case of an official’s or pensioner’s where about are not known.- If an employee or a pensioner has suddenly disappeared and his where about are not known, in normal course under section 108 of Indian Evidence Act, unless a period of 7 years has elapsed since the date of disappearance of the employee/pensioner, he can be deemed to be dead and the retirement benefits can not be paid to the family. The withholding of the benefits would, thus, cause a great deal of hardship to the family. In such cases, to avoid hardship to family, the following procedure should be followed in sanctioning and payment of retirement benefits to the eligible member(s) of the family of the employee/pensioner.
1. When an employee disappears leaving his family, the family can be paid in the first instance the amount of salary due, leave encashment due and the amount of General Provident Fund having regard to the nomination made by the employee.
2. The above benefits may be sanctioned by the Administrative Department after observing the following formalities: -
(i) The family must in such cases immediately after disappearance lodge a report with the concerned Police Station and obtain a report that the employee has not been traced after all efforts had been made by the Police.
(ii) After a elapse of one year from the date of First Information Report lodged with the Police, the family can apply for the death-cum-retirement gratuity and family pension, if admissible under Sikkim Service (Pension) Rules, 1990 and these may be sanctioned to the family based on the emoluments drawn by the employee and the rules/orders applicable to him as on the last date he was on duty including authorised period of leave.
(iii) The family pension will be admissible to family of the employee only at the ordinary rate. The family pension at enhanced rate, if admissible may be sanctioned only after elapse of seven years from the F.I.R date or if the fact of death is confirmed earlier.
(iv) An Indemnity Bond together with two sureties should be taken from the nominee, eligible members of the family of the employee/pensioner that all payments will be adjusted against the payments due to the employee in case he appears on the scene and makes any claim.
Recoveries of Government dues, if any, can be made from salary due, encashment of leave due and death-cum-retirement gratuity.

(13) For the purpose of this rule –
(a) Continuous service means service rendered in a temporary or permanent capacity in a pensionable establishment and does not include-
(i) period of suspension, if any, treated dies non;
(ii) period of unauthorised absence or joining time treated as dies non; and
(iii) the period of service, if any, rendered before attaining the age of 18 years.
(b) family in relation to a Government servant means –
(i) (a) wife in the case of a male Government servant or husband in the case of a female Government servant, provided the marriage took place before retirement of the Government servant;
(b) a judicially separated wife or husband, such separation not being granted on the ground of adultery, provided the marriage took place before the retirement of the Government servant, and the person surviving was not held guilty of committing adultery;
(ii) son, who has not attained the age of [25] years, and unmarried daughter who has not attained age of [25] years including such son and daughter adopted legally before retirement [….].
[(iii) Parents who were fully depended on the Government servant when he/she was alive, where, the deceased employee had left neither a widow/widower nor a legitimate child.]

(14) The scheme is not applicable to –
(a) re-employed Government servants;
(b) persons paid from contingencies;
(c) employees of work-charged establishment;
(d) casual labour;
(e) contract employees.

41. Preparation of pension papers. –

Every head of office shall undertake the work of preparation of pension papers at-least one year before the date on which a Government servant is due to retire on superannuation, or on the date on which he proceeds on leave preparatory to retirement, whichever is earlier.

42. Maintenance of registers to watch retirement. –
Each administrative department shall maintain a register in Form 1 (Appendix 6) in which the names of all the Government servants of the department shall be maintained in Form 2 (Appendix 7) showing the names and particulars of those Government servants who become due for retirement within next one year. The officer looking after service matters of employees of the department shall be responsible for keeping the registers up-to date. In the beginning of every month he shall ensure if there is any employee due for retirement within the period of one year and if so whether he stands already confirmed in service. If he is not confirmed in service, the question of his confirmation shall be taken up immediately and in any case at least one year before the date of his retirement, duly completing all entries in his service book.

43. Stage for completion of pension papers. – The head of office shall divide the period of preparatory work of one year referred to in rule 41 in the following three stages :
(a) First stage: verification of service. –
(i) The head of office shall go through the service book of the Government servant and satisfy himself as to whether the certificates of verification for the entire service are recorded therein.
(ii) If the Government servant is not confirmed, action indicated in rule 42 shall be taken at once.
(iii) In respect of the unverified portion or portions of service, the head of office shall arrange to verify the portion or portions of such service, as the case may be, with reference to pay bills, acquaintance rolls or other relevant records and record necessary certificates in the service book.
(iv) If the service for any period is not capable of being verified in the manner specified in sub-clauses (i) and (iii), that period of service having been rendered by the Government servant in another office or department, a reference shall be made to the head of office in which the Government servant is shown to have served during that period for the purpose of verification.
(v) If any portion of service rendered by a Government servant is not capable of being verified in the manner specified in sub-clauses (i), or sub-clause (iii) or sub-clause (iv), the Government servant shall be asked to file a written statement on plain paper stating that he had in fact rendered that period of service and shall, at the foot of the statement, make and subscribe to a declaration as to the truth of that statement, and shall in support of that declaration, produce all documentary evidence and furnish all information which is in his power to produce or furnish.
(vi) The head of office shall, after taking into consideration the facts in the written statement and the evidence produced and the information furnished by that Government servant in support of the said period of service, recommend to administrative department and [Department of Personnel, Administrative Reforms and Training] to admit that portion of service as having rendered for the purpose of calculating the pension of that Government servant.
(b) Second stage: Making good omissions in the service book. -
(i) The head of office while scrutinising the verification of service shall also identify if there are any other omissions, imperfections or deficiencies which have a direct bearing on the determination of emoluments and service qualifying for pension.
(ii) Every effort shall be made to complete the verification of service as per clause (a) and to make good omissions, imperfections or deficiencies referred to in sub-clause (i) of this clause. Any omissions, imperfections or deficiencies including the portion of service shown as unverified in the service book which it has not been possible to verify in accordance with procedure laid down in clause (a), shall be ignored and service qualifying for pension shall be determined on the basis of entries in the service book.
(iii) Calculation of average emoluments. – For the purpose of calculation of average emoluments, the head of office shall verify from the service book the correctness of the emoluments drawn or to be drawn during the last ten months of service. In order to ensure that the emoluments during the last ten months of service have been correctly shown in the service book, the head of office may verify the correctness of emoluments for the period of 24 months only preceding the date of retirement of a Government servant.
(c) Third stage: obtaining particulars from the retiring Government servant.
(1) Six months prior to the date of retirement of a Government servant, the head of office shall obtain particulars from the retiring Government servant in Form 3 (Appendix 8).
(2) Action under clauses (a), (b) and (c) of sub-rule (1) shall be completed four months prior to the date of retirement of the Government servant.

44. Completion of pension papers. –
(1) The head of office shall complete the pension papers not later than four months before the date of retirement of the Government servant and furnish the requisite information in a proforma (Appendix 9). Completed proforma along with service book and personal file of the retiring Government servant shall be forwarded to the [Department of Personnel, Administrative Reforms and Training] through the administrative department with entries in the service book and leave account being attested by the head of office of the Government servant.
(2) Government dues including loans, advances, overpayment etc. if any, outstanding against the Government servant shall also be ascertained and prominently mentioned in the pension case.
(3) If after the pension papers have been forwarded to [Department of Personnel, Administrative Reforms and Training] within the period specified, any event occurs which has a bearing on the pensionary benefits of the Government servant, the fact shall be promptly reported to [Department of Personnel, Administrative Reforms and Training] by the head of office to which the Government servant belongs giving relevant details under intimation to the head of department.
(4) [Department of Personnel, Administrative Reforms and Training] shall ensure that the particulars furnished by the administrative department are correct and the and the pension papers are compete in all respects and pass on the papers to Pension Payment Officer. The Pension Payment Officer shall, after satisfying himself that all the requisite information and documents are available determine the pension in accordance with these rules. Simultaneously, he shall also determine the family pension admissible under sub-rule (2) or sub-rule (4)(a)(i) and (4)(a)(ii) of rule 40, obtain sanction of the competent authority for pension and family pension and issue sanction order before the Government servant retires. [The calculation of Pension or Service Gratuity if qualifying service is less than 10 years, death-cum-retirement gratuity and family pension may be made in the format given in Appendix 9-A.]

45. Provisional pension and death-cum-retirement gratuity. –
(1) The various stages of action laid down in rule 43 shall be strictly followed by the head of office. There may be isolated cases where, in spite of following the procedure laid down in rules 43 and 44, it may not be possible to finally assess the pension and gratuity and settle a case in accordance with the provisions of these rules. In such a case, the administrative department shall without delay take steps to determine the qualifying years of service and the emoluments qualifying for pension after most careful summary investigations that can be made. For this purpose, the administrative department shall –
(i) rely upon such information as may be available in the official records; and
(ii) ask the retiring Government servant to file a written statement on plain paper stating the total length of qualifying service including details of emoluments drawn during last ten months of service but excluding breaks and other non-qualifying periods of service.
(2) The Government servant while furnishing the statement in clause (ii) of sub-rule (1) shall, at the foot of the statement, make and subscribe to a declaration as to the truth of the statement.
(3) The administrative department/ [Department of Personnel, Administrative Reforms and Training] in consultation with Finance Department shall, thereafter, determine the qualifying years of service and the emoluments qualifying for pension in accordance with the information available in official records and the information obtained from the retiring Government servant under sub-rule (1) above and shall then determine the amount of provisional pension and the amount of provisional death-cum-retirement gratuity.
(4) On the above basis, the Pension Payment Officer shall authorise payment of 90 percent of the provisional pension for six months and 90 percent of provisional death-cum-retirement gratuity withholding 10 percent of gratuity or one thousand rupees, whichever is less. It should be ensured that no overpayment is made in the provisional payment of pension and gratuity.
(5) The amount of provisional pension and provisional gratuity payable under sub-rules (3) and (4) shall, if necessary, be revised on the completion of the detailed scrutiny of records.
(6) (a) The payment of provisional pension shall not continue beyond six months from the date of retirement of the Government servant, within which period the final pension and final gratuity should be determined and authorised for payment after adjusting provisional pension and provisional gratuity already paid.
(b) If on final determination of pension and gratuity it is found that the provisional pension and provisional gratuity already paid were in excess of the final amounts, the excess amount paid should be recovered in instalments by making short payments of pension payable in future.
(7) If the final amounts of pension and gratuity have not been determined within six months referred to in sub-rule (6), the provisional pension and provisional gratuity shall be treated as final on the expiry of six months and pension payment orders issued accordingly, unless otherwise decided by the [Department of Personnel, Administrative Reforms and Training] and Finance Department.
(8) The gratuity withheld shall then be refunded after adjusting Government dues, if any.

46. Obtaining of claims for family pension and death-cum-retirement gratuity. –

(1) Where the head of office has received intimation about the death of a Government servant while in service he shall ascertain whether any death-cum-retirement gratuity or family pension or both are payable in respect of the deceased Government servant.
(2)(a) Where the family of a deceased Government servant is eligible for death-cum-retirement gratuity under rule 35, the head of office shall inform the head of department and Pension Payment Officer and ascertain-
(i) if the deceased Government servant had nominated any person or persons to receive the gratuity; and
(ii) if the deceased Government servant had not made any nomination or the nomination made does not subsist, the person or persons to whom the gratuity may be payable.
(b) The head of office shall then address the person concerned in Form 4 or Form 5 (Appendix 10 or 11) as may be appropriate, for making a claim in Form 6 (Appendix 12).
(3) Where the family of a deceased Government servant is eligible under rule 40 for family pension –
(a) the head of office shall address the widow or widower in Form 7 (Appendix 13) for making claim in Form 8 (Appendix 14); and
(b) where the deceased Government servant is survived only by a child or children, the guardian of such child or children may submit a claim in Form 8 (Appendix 14) to the head of office:
Provided that the guardian shall not be required to submit a claim in the said form on behalf of a child if the child has attained the age of 18 years and such child may himself or herself submit a claim in the said Form.

47. Completion of particulars for family pension and death-cum-retirement gratuity. –
(1) (a) The head of office, while taking action to obtain claim or claims from the family in accordance with provisions of rule 46, shall simultaneously undertake the completion of part I of Form 9 (Appendix 14A).
(b) The head of office shall go through the service book of the deceased Government servant and satisfy himself as to whether certificates of verification of service for the entire service are recorded therein.
(c) If there are any periods of unverified service, the head of office shall accept the unverified portion of service as verified on the basis of available entries in the service book. For this purpose, the head of office may rely on any other relevant material to which he may have ready access. While accepting the unverified portion of service, the head of office shall ensure that the service was continuous and was not forfeited on account of dismissal, removal or resignation from service, or for participation in strike.
(2) (a) For the purpose of determination of emoluments for family pension and death-cum-retirement gratuity, the head of office shall confine the verification of the correctness of emoluments for a maximum period of one year preceding the date of death of the Government servant.
(b) In case the Government servant was on extraordinary leave on the date of death, the correctness of the emoluments for a maximum period of one year, which he drew preceding the date of the commencement of extraordinary leave, shall be verified.
(2) The process of determination of qualifying service and qualifying emoluments shall be completed within one month of the receipt of intimation regarding the date of death of the Government servant and the amount of family pension and death-cum-retirement gratuity shall be calculated accordingly.

48. Forwarding papers to [Department of Personnel, Administrative Reforms and Training]. –
(1) On receipt of the claim or claims, the head of office shall complete the case for family pension and death-cum-retirement gratuity and forward it along with the service book (duly completed and entries attested), Form 9 and the personal file of the Government servant to the [Department of Personnel, Administrative Reforms and Training] through the head of the administrative department. This shall be done not later than one month of the receipt of the claim or claims by the head of office.
(2) The head of office shall draw attention of [Department of Personnel, Administrative Reforms and Training] and Finance Department to the details of Government dues including loans, advances, recovery on account of overpayment, etc outstanding against the deceased Government servant for adjustment from the death-cum-retirement gratuity.
(3) [Department of Personnel, Administrative Reforms and Training] shall ensure that the particulars furnished by the administrative department are correct and the pension papers are complete in all respects and then pass on the papers to Pension Payment Officer. The Pension Payment Officer shall, after satisfying himself that all the requisite information and documents are available, determine the family pension in accordance with these rules, complete Part II of Form 9, obtain sanction of the competent authority and issue sanction order. All this action shall be completed within one month of the receipt of the pension case.
(4) If any delay is anticipated in the settlement of the pension case, authorisation of provisional death-cum-retirement gratuity and provisional family pension shall be made in consultation with Finance Department in the light of provisions of rule 45.

49. Date from which pension becomes payable. –

(1) Except in the case of a Government servant to whom the provisions of rule 32 apply and subject to the provisions of rule 7, a pension other than family pension shall become payable from the date on which a Government servant ceases to be borne on the establishment.
(2) Family pension becomes payable from the date following the date of death of the Government servant.
(3) Pension including family pension shall be payable for the day on which its recipient dies.

50. Currency in which pension is payable. – All pensions including gratuity admissible under these rules shall be payable in rupees only.

51. Manner of payment of gratuity and pension. –
(1) Except as otherwise provided in these rules, a gratuity shall be paid in lump sum.
(2) A pension fixed at a monthly rate shall be payable monthly on or after the first day of the following month.

52. Payment procedure. –
(1) The Pension Payment Officer shall be responsible for drawl and disbursement of pension and gratuity. Finance Department shall prescribe detailed procedure for this purpose.
(2) If a pension remains undrawn for more a than year, the payment of arrears shall not be made without sanction of Government in the Finance Department.
(3) Payment of pension due in respect of a deceased pensioner shall be made to the legal heirs provided they apply within one year from the date of his death. The payment may be made without production of the usual legal authority –
[(i) if the gross amount of the claim does not exceed Rs.10,000/- under the orders of pension payment authority provided that such authority is otherwise satisfied about the right and titles of the claimant for which the authority may call for necessary information or documentary evidence as he/she deems fit, and
(iii) if the gross amount of the claim exceeds Rs.10,000/- under orders of the sanctioning authority, on execution of an indemnity bond in the prescribed form in Appendix-19 duly stamped for the gross amount due for payment, with two sureties from other pensioners or regular government servants.]
[(4) (a) In respect of pension paid for a part of a month due to the death of the pensioner or for any other reasons where pension and relief thereon becomes payable in fraction of a rupee, the fraction may be rounded up to the next higher rupee.
(b) In respect of family pension where the pension if payable to more than one person, each share containing a fraction of a rupee, each such share may be rounded up to the next higher rupee, except in cases where family pension, if all the shares are put together, exceeds the maximum limit of family pension. Such exceptional cases, if any, may be referred to Finance Department for decision.
(5)(i) Relief against price rise may be granted to the pensioners and family pensioners in the form of dearness relief at such rates and subject to such conditions as the Government may specify from time to time.
(ii) If a pensioner/family pensioner is re-employed/employed under the State or Central Government or a Corporation/Company/Body/Bank under them in India or abroad including permanent absorption in such Corporation/Company/Body/ Bank, he shall not be eligible to draw dearness relief on pension/family pension during the period of such reemployment/ employment.]

53. Right to amend, alter or augment. – The Government may alter, modify, add to or amend any of these rules according to exigencies of Government service.

54. Repeal. – Save as prescribed under sub-rule (2) of rule 2, all rules or orders inconsistent with the provisions contained herein shall stand repealed.

1. Short title and commencement. –

(1) These rules may be called the Sikkim Services (Commutation of Pension) Rules, 1985.
(2) They shall come into force with effect from the date of their publication in the official gazette (i.e. September 2, 1985).

2. Application. – These rules shall apply to the Government servants under the administrative control of the Government of Sikkim who are entitled to or are in receipt of –
(a) superannuation pension; or
(b) retiring pension; or
(c) invalid pension; or
(d) compensation pension; or
(e) compulsory retirement pension:
Provided that these rules shall not apply to the members of the All India Services.

3. Definitions. –
(1) In these rules, unless the context otherwise requires, -
(a) “applicant” means a Government servant including retired Government servant, who applies for commutation of a fraction of pension in the prescribed form but does not include a Government servant governed by the All India Service Rules in the matter of admissibility of pension;
(b) “Competent authority” means Secretary, Finance Department;
(c) “Form” means a form appended to these rules;
(d) “Government” means the Government of Sikkim;
(e) “Medical authority” means medical authority referred to in rule 19;
(f) “Pension Payment Officer” means an officer of the Sate Government, whatsoever his official designation may be, who is entrusted with the function of issuing Pension Payment Orders;
(g) “Table” means a table appended to these rules.

4. Restrictions of commutation of pension. –
No Government servant against whom departmental or judicial proceedings have been instituted before the date of his retirement or the pensioner against whom such proceedings are instituted after the date of his retirement or the pensioner against whom such proceedings are instituted after the date of his retirement shall be eligible to commute a fraction of his pension during the pendency of such proceedings.

5. Limit on commutation of pension. –

(1) A Government servant shall be entitled to commute for a lump sum payment a fraction not exceeding [forty percent] of his pension.
(2) In an application for commutation in Form 1 or Form 2 (Appendix 15 or 16), as the case may be, an applicant shall indicate the fraction of pension which he desires to commute and may either indicate the maximum of [forty percent] of pension or such lower limit as he may desire to commute.
(3) If a fraction of pension to be commuted results in fraction of a rupee, such fraction of a rupee shall be ignored for the purpose of commutation.
Note. – When a part of pension is withheld or withdrawn under sub-rule (3) of rule 4 of Sikkim Government Retirement Benefit Rules, 1974 or rule 6 of these rules and if commutation is applied after the date of withholding or withdrawal of a part of the pension, the admissible amount that can be commuted will have to be calculated with reference to the pension payable to the person after that due date.

6. Sanctioning authority. – The competent authority as defined in clause (b) of sub-rule (1) of rule 3 shall be the authority competent to sanction commutation of pension under these rules.

7. Commutation of pension to become absolute. –
(1) The commutation of pension shall become absolute in case of an applicant referred to –
(i) in sub-rule (1) of rule 12, on the date on which the application in Form 1 (Appendix 15) is received by the Pension Payment Officer;
(ii) in chapter IV, on the date on which the medical authority signs the medical report in Part III of Form 4 (Appendix 18):
Provided that the reduction in the amount of pension on account of commutation shall be operative from the date of receipt of commuted value of pension from the Pension Payment Officer.
(2) Commuted portion of pension shall be restored to pensioner from the first of the month following the month in which the period of 15 years elapses from the date of commutation.

8. Death of an applicant before receiving the commuted value. – If an applicant dies without receiving commuted value on or after the date on which the commutation became absolute, the commuted value shall be paid to his nominee or nominees as for death-cum-retirement gratuity or legal heirs.

9. Calculation of commuted value of pension. – The lump sum payable to an applicant shall be calculated in accordance with the Table (Appendix 19) of the values prescribed from time to time and applicable to the applicant on the date on which the commutation becomes absolute.
[Provided that if the amount of commuted value of pension as finally calculated contains a fraction of a rupee, it shall be rounded up to the next higher rupee.]

10. The provisions of this chapter shall apply to an applicant who is eligible to commute pension without medical examination.

11. Eligibility. – An applicant who is authorised –
(i) a superannuation pension; or
(ii) a retiring pension; or
(iii) a compensation pension; or
(iv) a compulsory retirement pension
shall, subject to the limit prescribed in rule 5, be eligible to commute a fraction of pension without medical examination.
Provided that he applies for commutation in Form 1 (Appendix 15) in accordance with the provisions of rule 12.

12. Application for commutation of pension. –
(1) An applicant, who is in receipt of any pension referred to in rule 11 and desires to commute a fraction of that pension any time after the date following the date of his retirement from service but before the expiry of one year from the date of retirement shall apply to the Pension Payment Officer in Form 1 (Appendix 15) duly completed, after the date of his retirement.
(2) An applicant whose application for commutation of pension in Form 2 (Appendix 16) is received by Pension Payment Officer after one year of the date of his actual retirement or one year from the date of publication of these rules in the official gazette in case of those who are already in receipt of pensions mentioned in clauses (a), (b), (c), (d) and (e) of rule 2 of these rules, shall not be eligible to get his pension commuted without medical examination. Such an applicant, if he desires to commute a fraction of his pension, shall apply afresh in Form 2 in accordance with the procedure laid down in chapter IV.

13. Action to be taken by the Pension Payment Officer on application for commutation of pension. – The Pension Payment Officer on receipt of an application in Form 1 under sub-rule (1) of rule 12 shall –
(a) initial the Form indicating the date of its receipt;
(b) acknowledge immediately the receipt of Form 1 in Part II of that Form (Appendix 15) and despatch the same to the applicant;
(c) verify that the information furnished by the applicant is correct;
(d) verify that the applicant is eligible to commute a fraction of his pension without medical examination.
(e) Where the application is not made in proper form and/or where requisite particulars are wanting, ask the applicant to submit a fresh application in the proper Form or to submit the requisite particulars. The date of submission of the fresh application or the date of receipt of the requisite particulars under this clause shall be treated as the date of receipt of application for the purpose of clause (a);
(f) Calculate correctly the commuted value of pension with reference to the Table and determine the amount of residuary pension after commutation;
(g) Issue order sanctioning the amount by competent authority and take necessary action for payment under intimation to the applicant.

14. The provisions of this chapter shall apply to an applicant who is eligible to commute a fraction of his pension after medical examination.

15. Eligibility. – An applicant who –
(i) retires on invalid pension; or
(ii) has retired from service on one of the pensions referred to in rule 11 but his application for commutation of pension has not been received by the Pension Payment Officer within one year of his retirement,
shall be eligible to commute a fraction of pension subject to the limit specified in rule 5 after he has been declared fit by the appropriate medical authority.

16. Application for commutation of pension. – An applicant referred to in rule 15 shall apply to the Pension Payment Officer in Form 2 (Appendix 16) for commutation of a fraction of his pension.

17. Action to be taken by the Pension Payment Officer on application for commutation of pension. – The Pension Payment Officer on receipt of application in Form 2 under rule 16 shall –
(a) acknowledge immediately the receipt of Form 2 in Part II (Appendix 16A) of that Form and despatch the same to the applicant;
(b) verify that the information furnished by the applicant is correct;
(c) complete Part III of the Form (Appendix 16A);
(d) address in Form 3 (Appendix 17) the medical authority as specified in rule 19 where the applicant desires to be medically examined and forward to him the following documents: -
(i) Form 2 with Part III of that Form duly completed, in original
(ii) two copies of the applicant’s photograph of which one shall be an attested copy;
(iii) a copy of Form 4 (Appendix 18) with a spare copy of Part III of that Form;
(iv) report or statement of applicant’s case if he had been granted invalid pension or he has declined to accept commutation on the basis of an addition of years to his actual age or has been refused commutation on medical ground;
(v) endorse a copy of the letter in Form 3 addressed to the medical authority to the applicant.

18. Action to be taken by medical authority. –
(1) The medical authority on receipt of documents referred to in sub-rule (d) of rule 17 shall –
(a) arrange as early as possible for the medical examination by the medical authority at the station indicated by the applicant in Form 2;
(b) inform the applicant as to where and when he should appear for medical examination.
(2) In fixing the date of medical examination it shall be ensured that the medical examination is held, as far as possible, before the date of applicant’s next birthday.

19. Medical authority. –
(1) Save as otherwise provided in sub-rule (2), the medical authority shall be a Medical Board when an applicant for commutation of pension –
(a) seeks commutation of invalid pension;
(b) has been refused commutation on medical ground, or if he having once declined to accept commutation on the basis of addition of years to his actual age recommended by the medical authority applied for a second medical examination in accordance with the provisions of rule 22.
(2) In other cases not covered by sub-rule (1), the medical authority shall be Chief Medical Officer of a District Hospital or Superintendent, S.T.N.M. Hospital, Gangtok.
Explanation. – The expression “Medical Board” includes Chie Medical Officer of a District Hospital and Medical Officer nominated by him or Superintendent, S.T.N.M. Hospital and a Medical Officer nominated by him according as the medical examination is held at the District Hospital or S.T.N.M. Hospital, Gangtok.

20. Failure to appear before medical authority. –
(1) If the applicant after receipt of communication from the medical authority referred to in clause (b) of sub-rule (1) of rule 18 fails to appear for medical examination before the medical authority on the date and time communicated to him, and there is no reasonable ground for his failure, the medical authority shall report the fact to the Pension Payment Officer and return to him the documents received under sub-rule (1) of rule 18.
(2) With the return of documents to the Pension Payment Officer under sub-rule (1), the application for commutation shall be treated as having been withdrawn.

21. Procedure for medical examination. –
(1) The medical authority shall –
(a) obtain from the applicant a statement in Part I of Form 4, duly signed by the applicant in its presence;
(b) subject the applicant to medical examination and enter the result thereof in Part II of Form 4 (Appendix 18A);
(c) attest the unattested copy of the photograph of the applicant;
(d) complete the certificate contained in Part III of Form 4:
Provided that where –
(i) an applicant has been granted invalid pension; or
(ii) an applicant has been refused commutation on medical grounds; or
(iii) an applicant had declined to accept the commutation on the basis of addition of years to his actual age,
the medical authority shall, before completing the certificate contained in Part III of Form 4, take into consideration the statement of the medical case of the applicant.
(2) After complying with requirements of sub-rule (1), the medical authority shall, without delay, forward to the Pension Payment Officer the following documents, namely, -
(a) Form 2 (Appendix 16) in original;
(b) Attested copy of the applicant’s photograph;
(c) Form 4 in original;
(d) A certified copy of Form 4;
(3) The medical authority shall also send to the applicant a certified copy of Part III of Form 4.

22. Second medical examination. –
(1) The medical examination in the case of an applicant referred to in clause (b) of sub-rule (1) of rule 19 shall take place after expiry of a period of not less than one year from the date of first medical examination.
(2) If the applicant desires to be re-examined on the expiry of the period specified in sub-rule (1), the examination shall be by a Medical Board. For this purpose, he shall address a letter to the Pension Payment Officer with the request that arrangement for his –re-examination by a Medical Board may be made. He shall indicate in the letter –
(i) the medical authority which examined him earlier and the date on which such examination took place;
(ii) the place where he was examined;
(iii) the opinion of the medical authority;
(iv) the date of birth and date of retirement;
(v) designation of the post held at the time of retirement;
(vi) the amount of pension authorised;
(vii) the fraction of pension which was originally applied for commutation.
(3) The Pension Payment Officer on receipt of the letter under sub-rule (2) shall address the medical authority as specified in rule 19 for arranging re-examination by a Medical Board and forward the following documents to such authority: -
(i) letter in original from the applicant;
(ii) certified copy of Form 4 received earlier by him under clause (d) of sub-rule 2 of rule 21.
(4) The medical authority on receipt of the communication from the Pension Payment Officer under sub-rule (3) shall inform the applicant as to where and when he should appear for medical examination before the Board.
(5) The applicant after receipt of the communication under sub-rule (4) shall appear before the Medical Board at the place and on the date and time communicated to him.
(6) The Medical Board shall examine the applicant and if after the examination it is of the view that the earlier opinion of the medical authority needs no revision or modification or needs revision or modification, shall record its opinion and communicate the same to Pension Payment Officer under intimation to the applicant. The documents received by the Medical Board under sub-rule (3) shall also be returned to the Pension Payment Officer.
(7) If as a result of the opinion of the Medical Board received by the Pension Payment Officer under sub-rule (6), the applicant becomes eligible to commute a fraction of pension originally applied for, the Pension Payment Officer shall determine the commuted value with reference to the Table (Appendix 19) on the date the Medical Board recorded its opinion.

23. Withdrawal of application. –
(1) In case the medical authority directs that the applicant’s age for the purpose of commutation shall be assumed to be greater than his actual age, the applicant may, by giving notice in writing to the Pension Payment Officer, withdraw his application within two weeks from the date on which he receives the certified copy of Part III of Form 4.
(2) Where a request for withdrawal has not been made by the applicant within the time specified in sub-rule (1), he shall be deemed to have accepted the revised sum offered.
24. Payment of commuted value of pension. – Subject to the provisions of sub-rules (1) and (2) of rule 23, the Pension Payment Officer, on receipt of documents referred to in sub-rule (2) of rule 21 from the medical authority, shall without delay issue order sanctioning the amount by competent authority and take necessary action for payment under intimation to the applicant.

25. Interpretation. – Where any doubt arises as to the interpretation of these rules, it shall be referred to the Finance Department for decision.

26. Power to relax. – Where the Government is satisfied that the operation of any of these rules causes undue hardship in any particular case, it may, by order, for reasons to be recorded in writing, dispense with or relax the requirements of that rule to such extent and subject to such exceptions and conditions as it may consider necessary or dealing with the case in just and equitable manner.