Section 77 in Rajasthan Civil Services (Pension) Rules, 1996
77. Dearness Relief on Pension/Family Pension.
- (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.(See Appendix III)(ii)The payment of Dearness Relief will remain suspended when the [family Pensioner] [Substituted 'pensioner (including family pensioner)' by Notification No. F. 12(3) FD/Rules/2013, G.S.R. 43, dated 17.7.2013 (w.e.f. 18.9.1996).] is employed/ re-employed in a Central/State Government Department or employed/re-employed/permanently absorbed in a Central or a State Government Company, Corporation, Undertaking or autonomous body/statutory body, local body, cooperative society, institution etc. if it is wholly or substantially owned or controlled by the Central/State Government or in which the Government has substantial financial interest or receiving Grant-in-Aid from the Government to meet its administrative expenditure or in Reserve Bank of India or in a Public Sector Bank or in GIC/LIC etc.(iii)Dearness Relief on family pension shall remain suspended during the period of re-employment or employment of the pensioner, either before grant of pension or after grant of pension:[Provided that a family pensioner, who is spouse of the deceased government servant and has been appointed in government service on compassionate ground under the Rajasthan Compassionate Appointment of Dependants of Deceased Governments Servants Rules, 1996, after completion of period of probation shall be entitled to get Dearness Relief on family pension or Dearness Allowance on pay whichever may be beneficial to him/her. The appointing authority of the Government servant shall issue order for payment of Dearness Relief on family pension or Dearness Allowance on pay as the case may be and convey the same to the Director Pension and Pensioners Welfare Department, Rajasthan, Jaipur and Drawing Disbursing Officer of the employee. In further if Dearness Relief on family pension is beneficial in comparison of Dearness Allowances on pay then Dearness Relief shall be payable and Dearness Allowances on pay shall not be payable. Similarly if Dearness Allowance on pay is beneficial in comparison of Dearness Relief on family pension in that case Dearness Allowance on pay shall be payable and Dearness Relief on family pension shall not be payable.] [Added by Notification No. G.S.R. 52, dated 19.5.2017 (w.e.f. 18.9.1996).](iv)The State Government employees who get permanently absorbed in terms of rule 33 and opt for lump sum payment in lieu of pro rata monthly pension in terms of rule 34, shall not be eligible for dearness relief.(v)In the case of pensioners who are in receipt of more than one pension, (including family pension) the Dearness Relief will be calculated on the total of all pensions taken together.Operative portion of judgement prounced on 8.12.94 in Civil Appeal No.3542-46/90 by Supreme Court of India in Union of India & Others versus G.Vasudavan Pillai & Others is reproduced below :-"Denial of Dearness Relief on pension/family pension in cases of those exservicement who got re-employment or whose dependents got employment is legal and just. The decision to reduce enhanced pension from pay of those ex-servicemen who were holding civil post on 1.1.1986 following their re-employment is unconstitutional."Government of Rajasthan' Decision
