Section 42 in Rajasthan Civil Services (Pension) Rules, 1996
42. Compulsory retirement pension.
(1)A Government servant compulsorily retired from service as a penalty may be granted, by the authority competent to impose such penalty, pension or gratuity or both at a rate not less than two thirds and not more than full compensation pension or gratuity or both admissible to him on the date of compulsory retirement.(2)Whenever in the case of a Government servant, the Governor passes an order (whether original, appellate or in exercise of powers of review) awarding a pension less than the full compensation pension admissible under these rules, the Rajasthan Public Service Commission shall be consulted before such order is passed.Explanation - In This Sub Rule, The Expression "Pension" Includes Gratuity.(3)A pension granted or awarded under sub rule (1) or, as the case may be, under sub rule (2), shall not be less than the amount of [Rupees Three thousand twenty five per mensem.] [Substituted 'rupees one thousand two hundred seventy five per mensem' by Notification No. G.S.R. 111A, dated 12.9.2008 (w.e.f. 18.9.1996).]Government of Rajasthan's DecisionGuiding principles for reduction of pensionary benefits under rule 42. - Rule 42 prescribes the limit for retirement benefits which would be admissible to a Government servant on whom the penalty of compulsory retirement may be imposed. This form of penalty has been introduced to provide for cases in which the continuance of a Government servant in service is considered to be undesirable but the extreme penalty of removal or dismissal, with the consequent loss of pension, is considered to be too severe.The intention is that persons on whom the penalty of compulsory retirement is imposed should ordinarily be granted the full compensation pension and retirement gratuity, admissible on the date of compulsory retirement. Where, however, the circumstances of a particular case so warrant, the authority competent to impose the penalty of compulsory retirement may make such reduction in the pensionary benefits, within the limits prescribed, as it may think appropriate. The reduction can be made either in the retirement gratuity or in the pension or in both.[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.]
