Section 117 in Rajasthan Civil Services (Pension) Rules, 1996
117. Condition for accepting disablement/death due to Government service.
(1)(a)Disablement shall be accepted as due to Government service provided that it is certified that it is due to wound, injury or disease which-(i)is attributable to Government service, or(ii)existed before or arose during Government service and has been and remains aggravated thereby.(b)Death shall be accepted as due to Government service provided it is certified that it was due to or hastened by-(i)a wound, injury or disease which was attributable to Government service, or(ii)the aggravation by Government service of a wound, injury or disease which existed before or arose during Government service.(2)There shall be a causal connection between-(a)disablement and Government service, and(b)death and Government service,for attributability or aggravation to be conceded. Guidelines in this regard are given in the Appendix which shall be treated as part and parcel of these Rules.Clarification - It will be seen from the Forms 'C', 'D' and 'E' that these forms of medical certificates have been so designed that they would indicate whether the entitlement criteria laid down in Rule 117 have been satisfied or not, and therefore, normally, no other separate certificates in that behalf may be necessary. It is essential for the sanctioning authority as well as the Director, Pension Department, to satisfy themselves that the death/disability is, in fact, attributable to or aggravated by the Government service which alone makes an E.O.P. Award admissible and for that purpose, it is essential for both of these authorities to satisfy themselves in that behalf and certify the nexus and causal connection between disablement and Government service or between death and Government service (as the case may be), in any particular case, as laid down in the Rule 117 on the basis of the medical and other documents regarding the case. If a Government servant had died in such circumstances and that a medical report could not be secured, even then, the nexus and the causal connection between death and Government service has to be established before conceding acceptance of death due to Government service.(3)Notwithstanding anything contained in these rules, the degree of default or contributory negligence on the part of a Government servant may be taken into consideration in making an award under these rules in favour of such Government servant, but, shall not be taken into account where such award is made in favour of the family of such Government servant.
