Section 61 in Rajasthan Civil Services (Pension) Rules, 1996
61. Admissibility of pension.
- Family pension on the rates specified in Rule 62 shall be granted, under these rules, to the family of a government servant who dies on or after the 1st October, 1996 -(a)While in service, after completion of one year of continuous service, provided that in the following cases, the condition of one year's service will not be applicable:(i)Persons appointed as probationers against permanent posts,(ii)Persons recruited, through Rajasthan Public Service Commission for appointment on temporary posts within their purview,(iii)Persons recruited strictly in accordance with service rules in case of temporary posts outside the purview of the Rajasthan Public Service Commission.Note : "Continuous service" for the purpose of these Rules, means service rendered in a temporary or permanent capacity in a pensionable establishment but does not include:(i)the period of service, if any, rendered before attaining the age of eighteen years, and(ii)the period of suspension, if any.The continuous service will not include broken periods of service.(b)After retirement from service, if he was in receipt of pension on the date of death, other than pension referred to in rule 33:Provided that if a pensioner after retirement from service, is unheard of for more than a period of one year and the service pension has also remained undrawn by the pensioner, the family pension at the rate prescribed under rule 62 subject the maximum limit of service pension sanctioned to the Government servant shall be sanctioned and authorised to the member of his/her family as defined under rule 66 (1) on submission of an application alongwith Indemnity Bond and Affidavit in the prescribed forms 15, 15A and 15B alongwith a copy of F.I.R. lodged with the police about the disappearance of the pensioner. If in any case, the pensioner subsequently reappears, the family pension shall immediately cease to be admissible and payable and the amount so paid shall be adjusted out of arrears of service pension, if paid to the pensioner:[Clarification [Inserted vide FD Clarification No. F.15(1)FD(Rules)/97 dated 23.03.2007.]Under Rule 35, 38 and 42 of Rajasthan Civil Services (Pension) Rules, 1996 a Government servant with less than 10 years of qualifying service can be retired on invalid pension, compensation pension and compulsory retirement pension respectively.Under Rule 3(p) of Rajasthan Civil Services (Pension) Rules, 1996 "Pension" includes gratuity except when the term pension is used in contradistinction to gratuity and under Rule 3(k)(i) "Gratuity" includes service gratuity.A doubt has been raised regarding the applicability of provisions of Rajasthan Civil Services (Pension) Rules, 1996 whether a Government servant who is retired under Rule 35, 38 and 42 of Rajasthan Civil Services (Pension) Rules, 1996 with less then 10 years of qualifying service is entitled to pension or service gratuity.In this regard the relevant provisions as contained in Rule 122(3)(b) of Rajasthan Civil Services (Pension) Rules, 1996 are reproduced below: -"If the employee eligible for disability pension under these Rules is invalided/boarded out from service before putting in ten years service, he does not get any invalid pension but gets only service gratuity under the R.C.S. (Pension) Rules, 1996."Accordingly it is clarified that in any kind of retirement with less than 10 years of qualifying service only service gratuity shall be admissible under Rule 54(1) of Rajasthan Civil Services (Pension) Rules, 1996 and in such cases on the death of a retired Government servant, no family pension shall be payable to the family of the deceased retired Government servant under provisions contained in Rule 61(b) of Rajasthan Civil Services (Pension) Rules, 1996.]Note. - With regard to payment of arrears of service pension on reappearance of pensioner or otherwise, refer to rule 144 and 146 respectively.Provided further that if a Government servant is unheard of for more than a period of one year, the family pension at the rate prescribed under rule 62 shall be sanctioned and authorised to the member of his/her family as defined under Rule 66(1) on submission of an application alongwith Indemnity Bond and Affidavit in the prescribed forms 16, 16A and 16B and also a copy of the F.I.R. lodged with the police about the disappearance of the Government servant. If in any case, the Government servant subsequently reappears the family pension shall immediately cease to be admissible and payable. The amount of family pension already paid to the family, shall be recoverable from the salary of the Government servant. The cases in which officials disappear after committing frauds, the family pension needs to be sanctioned only on the Government employee being acquitted by the Court of Law or after conclusion of disciplinary proceedings etc. as the case may be.Notes. - (1) The family pension granted under first and second provisos to rule 61, shall be payable from the date of expiry of one year period of a missing pensioner/Government servant or from the date of lodging of F.I.R., whichever is later.(2)Regarding arrears of family pension, see rule 146 and 147.(3)Regarding payment of other retirement benefits or dues of a missing Government servant, see Government of Rajasthan's Decision below rule 55.
