Section 9 in The Orissa Local Fund Service (Pension) Rules, 1980
9.
(1)Where any Departmental or judicial proceeding is instituted under Rule 8 or where a Departmental proceeding is instituted under Clause (a) of the proviso to Rule 8 against an employee 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 proceeding, final orders are passed, a provisional pension not exceeding the maximum pension which would have been admissible on the basis of his qualifying service up to the date of retirement, or if he was under suspension on the date of retirement, up to the date immediately preceding the date on which he was placed under suspension, but no gratuity or death-cum-retirement gratuity shall be paid to him until the conclusion of such proceeding and the issue of final orders thereon.(2)The authority competent to sanction pension is the authority to sanction provisional pension.(3)Payment of provisional pension made under Sub-rule (1) shall be adjusted against final retirement benefits sanctioned to such employee upon conclusion of the aforesaid proceeding but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld either permanently or for a specified period.(4)The grant of pension under this rule shall not prejudice the operation of Rule 8 when final pension is sanctioned upon conclusion of the proceedings.
