(1)A Government servant who is declared by the appropriate medical authority to be permanently incapacitated for further service in accordance with the instructions on the subject, may be granted invalid pension.Explanation. - For the purpose of this rule -(a)If the officer submitting the application for invalidation is in India, then the examining medical authority shall be -(i)A Medical Board in the case of all [self drawing Government servants] [Rule 36(1)(a)(if for the words 'gazetted Government servant' and 'non-gazetied Government servant', the words 'self drawing Government servants' and 'non-self drawing Government servants' respectively substituted - G.O.Ms.No.118, Finance (Pension) Department, dated 14-03-1997.] and those [non-self drawing Government servants] [Rule 36(1)(a)(if for the words 'gazetted Government servant' and 'non-gazetied Government servant', the words 'self drawing Government servants' and 'non-self drawing Government servants' respectively substituted - G.O.Ms.No.118, Finance (Pension) Department, dated 14-03-1997.] whose pay as defined in rule 9 (21) of the Fundamental Rules exceeds [Rs.2500/-] [Rule 36(1)(a)(i) for the expression 'Rs.750/-', the expression 'Rs.2500/-' substituted - G.O.Ms.No.995, Finance (Pension) Department, dated 11-09-1990.] and above.(ii)(a)Civil Surgeon or a District Medical Officer or a Medical Officer of equivalent status in other cases.(b)If the officer submitting the application is on leave elsewhere than in India, then the examination shall be arranged through the Indian Missions abroad by a Medical Board consisting of a Physician, a Surgeon and an Ophthalmologist, each of them having the status of a consultant. A lady doctor shall be included as a member of the Medical Board wherever a women candidate is to be examined.If any doubt arises regarding the validity of a certificate (as in Form 23) by the Medical Board arranged by the India Mission abroad, the. Audit Officer must not of his own motion reject the certificate as invalid but must submit the matter for the decision of Government.[***] [Rule 36(1)(a)(ii)(b) the word 'Note' omitted- G.O.Ms.No.524, Finance (BG.III) Department, dated 30-07-1981.] Government may delegate its power under this rule to Heads of Departments.(c)Except in the case of the officer on leave elsewhere than in India, no medical certificate of incapacity for service may be granted unless the applicant produced a letter to show that the head of his office or department, is aware of his intention to appear before the Medical Officer. The Medical Officer shall also be supplied by the head of the office or department in which the applicant is employed with a statement of what appears from official records to be applicant's age. Where the applicant has a service book, the age there recorded should be reported.Note 1. - Honorary Surgeons and Physicians may issue certificates (as in Form 24) invaliding for further service to Government servants who are patients in their wards on receipt of a requisition from the heads of offices or departments to which the Government servant belong. Such invaliding certificates issued in Madras City should be countersigned by the Director of Medical Education. The countersignature of the Director of Medical Education in the invalid certificate of an officer serving in the mofussil is not necessary.Note 2. - In cases where the disease from which an applicant is suffering is curable by an operation, but this, he refuses to undergo and is therefore invalided. In these cases, no pension or gratuity is admissible. Each case of invalidation on account of a curable disease should be decided on merits. The Accountant General should forward such cases for the orders of Government.Note 3. - Government may dispense with a medical certificate of incapacity for further service in a case of gratuity and sanction the application.Note 4. - An officer discharged on other grounds has no claims under this Rule even though he can produce medical evidence of incapacity for service.Note 5. - The system of taking finger prints by Medical Officers on the medical certificates in the case of invalid pension and commutation of pension should remain in force.Note 6. - An Officer who -has submitted a medical certificate of incapacity for further service shall, if he is on duty be invalided from service from the date of relief of his duties, which should be arranged without delay on receipt of the medical certificate, or if he is on leave, on the expiry of such leave. If he is on leave at the time of submission of the medical certificate, he shall be invalided from service on the expiry of that leave or extension of leave, if any granted to him under S.R. 24 under Rule 74 (a) contained in Armexure II, Part I of the Fundamental Rules.Note 7. - All [non-self drawing Government servants] [Rule 36(1)(c) in Note 7, for the words 'non-gazetted Government servants', the words 'non-self drawing Government servants' substituted - G.O.Ms.No. 118, Pittance (Pension) Department, dated 14-03-1997.] as to whose fitness for further service there may be doubt, should unless they happen to be absent in other districts, on long leave, be sent for examination before the District Medical Officer of the district in which they are serving, where a Government servant's jurisdiction falls within more than one Revenue district as may be departmentally convenient. If, in special cases, he may be required to appear before the District Medical Officer of such district as may be departmentally convenient. If in special cases, this procedure has necessarily to be departed from, the reasons therefore should be recorded in writing and communicated to the commissioned Medical Officer, who is asked to examine the applicant.Note 8. - Invaliding medical certificates under this rule should be given by Medical Officer registered under Medical Registration Act 1914, and if any doubt arises in a particular case, it should be referred to the Director of Medical Education for decision or counter signature.Note 9. - The Director, Central Leprosy, Teaching and Research Institute, Taramani is deemed to be a Civil Surgeon for die purpose of granting invalidating certificates to Government servants under his treatment for leprosy. The Medical certificate in these cases should also be countersigned by the Director of Medical Education.Note 10. - All cases in which it is certified that the incapacity for service is due to irregular or intemperate habits, should be submitted to Government for orders through the proper channel, together with the opinion of the Director of Medical Education.Note 11. - In the case of [non-self-drawing mofussil police officers] [Rule 36(1)(c) in Note 11, for the words 'non-gazetted mofussil police officers', the words 'non-self drawing mofussil police officers' substituted - G.O.Ms.No.118, Finance (Pension) Department, dated 14-03-1997] residing in Chennai during their period of leave, the certificate of unfitness for further service should be granted by the police Surgeon.
