- The full rate of pension or gratuity under these regulations shall not be granted to a person unless the service rendered by him has been satisfactory.[5-A. Grant of provisional pension. [Inserted by S.R.O. 201, dated 2nd August, 1976.](1)Where any departmental or judicial proceedings are in progress or are instituted after retirement for an event which took place not more than 4 years before such institution against service personnel (including a commissioned officer) who has retired on attaining the age of compulsory retirement or otherwise, he shall be paid during the period commencing from the date of his retirement to the date on which, upon conclusion of such proceedings final orders are passed, a provisional pension not exceeding the maximum pension which would have been admissible on the basis of his qualifying service upto the date of retirement or if he was under suspension on the date of retirement upto the date immediately preceding the date on which he was placed under suspension:Provided that no gratuity or Death-cum-Retirement gratuity shall be paid to him until the conclusion of such proceedings and the issue of final orders thereon;Provided further that no commutation of provisional pension shall be allowed.(2)Payment of provisional pension shall be adjusted against the final retirement benefits sanctioned to such personnel upon conclusion of the aforesaid proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or where the final pension is reduced or withheld either permanently or for a specified period.(3)Nothing contained in this regulation shall prejudice the operation of regulation 5 when final pension or gratuity (including death-cum-retirement gratuity) is sanctioned upon the conclusion of the departmental or judicial proceedings.(4)No "show cause" notice shall be required to be given to the individual if the amount of provisional pension is less than the maximum.]
