Section 35 in Rajasthan Civil Services (Pension) Rules, 1996
35. Invalid Pension.
(1)Invalid pension may be granted if a Government servant retires from the service on account of any bodily or mental infirmity which permanently incapacitates him for the service, or for the particular branch of it to which he belongs.(2)A Government servant applying for an invalid pension shall submit a medical certificate of incapacity from the following medical authority, namely :-(a)A Medical Board in the case of Gazetted Government servant and of a non gazetted Government servant whose pay, as defined in Rule 7(24) of R.S.R., exceeds [eight thousand] [The existing words 'two thousand and two hundred substituted vide FD Notification No.F.15(3)FD(Rules)97 dated 20.5.1999 w.e.f. 1.10.1996.] rupees per mensem.(b)Civil Surgeon or a District Medical Officer or Medical Officer or equivalent status in other cases.Note: A lady doctor shall be included as a member of the Medical Board when a woman candidate is to be examined.(3)The form of the Medical Certificate to be granted by the medical authority specified in sub rule (2) shall be as in Form 23.(4)Where the medical authority referred to in sub rule (2) has declared a Government servant fit for further service of less laborious character than that which he had been doing, he should, provided he is willing to be so employed, be employed on a lower post and if there be no means of employing him even on a lower post, he may be admitted to invalid pension.(5)No medical certificate of incapacity for service may be granted unless the applicant produces 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 Office or Department in which the applicant is employed with a statement of what appears from the official records to be the applicant's age. Where the applicant has a service book, the age therein recorded should be reported.Note. - The Government has issued the Rajasthan Civil Services (Medical Examination) Rules, 1996 for medical examination of Government servants suffering from contagious diseases or physical or mental disability interfering with the efficient discharge of their duties; and other connected matters.[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.] [Inserted vide FD Notification No.F.15(7)FD(Rules)/97 dated 28.10.2002 w.e.f. 1.10.1996.]
