Section 86 in Rajasthan Civil Services (Pension) Rules, 1996
86. Provisional Pension.
(1)The various stages of action laid down in Rule 81 shall be strictly followed by the Head of Office. There may be an isolated case where, inspite of following the procedure laid down in Rule 81, it may not be possible for the Head of Office to forward the pension papers referred to in Rule 83 to the Director, Pension Department within the period prescribed in sub rule (4) of that rule or where the pension papers have been forwarded to the Director, Pension Department, within the prescribed period but the Director, Pension Department, Rajasthan, may have returned the pension papers to the Head of Office for eliciting further information before issue of pension payment order and order for the payment of gratuity. If the Head of Office in such a case is of the opinion that the Government servant is likely to retire before his pension and gratuity or both can be finally assessed and settled in accordance with the provisions of these rules, he shall without delay, take steps to determine the qualifying years of service and the emoluments qualifying for pension after the most careful summary investigations that may be made. For this purpose, he shall -(i)rely upon such information as may be available in the official records, and(ii)ask the retiring Government servant to file a written statement on plain paper stating the total length of qualifying service including details of emoluments last drawn but excluding the breaks and other non qualifying periods of service.(2)The Government servant while furnishing the statement as in clause (ii) of sub rule (1) shall, at the foot of the statement make and subscribe to a declaration as to the truth of the statement.(3)The Head of Office shall thereafter determine the qualifying years of service and the emoluments qualifying for pension in accordance with the information available in the official records and the information obtained from the retiring Government servant under sub rule (1). He shall, then determine the amount of provisional pension and the amount of provisional retirement gratuity.(4)After the amount of pension and gratuity have been determined under sub rule (3), the Head of Office shall take further action as follows :-(a)He shall issue a sanction in form 33 addressed to the Director, Pension Department, Rajasthan, authorising -(i)100% (percent) of pension as determined under sub rule (3) as provisional pension which shall remain valid till the pension case is finalised by the Director, Pension Department.(ii)75 percent of the gratuity as provisional gratuity as determined under sub rule (3) if no amount of House Building Advance has been set apart for recovery out of Retirement/Death gratuity at the time of grant of HBA, otherwise not exceeding 20 percent of the gratuity as provisional gratuity.(b)He shall indicate in the sanction letter the amount recoverable from the gratuity under sub rule (1) of Rule 85. Special care shall be taken for recovery of the amount set apart for adjustment from the retirement gratuity.(c)On receipt of sanction of provisional pension from the Head of Office, the Director, Pension Department shall issue provisional Pension Payment Order and Gratuity Payment Order within a week positively.(5)The amount of provisional pension and gratuity payable under sub rule (4) shall, if necessary, be revised on the completion of the detailed scrutiny of the records.(6)(a)When the amount of final pension and the amount of final gratuity had been determined by the Head of Office the Director, Pension Department, Rajasthan, shall -(i)issue the Pension Payment Order,(ii)issue the Gratuity Payment Order authorising disbursement of the difference between the final amount of gratuity and the amount of provisional gratuity paid under sub clause (ii) of clause (b) of sub rule (4) after adjusting the Government dues, if any, which may have come to notice after the payment of provisional gratuity.(b)If the amount of provisional pension disbursed to a Government servant under sub rule (4) is, on its final assessment found to be in excess of the final pension assessed by the Director, Pension Department, Rajasthan, it shall be open to the Director, Pension Department to adjust the excess amount of pension out of gratuity withheld under sub clause (ii) of clause (a) of sub rule (4) or recover the excess amount of pension in instalments by making short payment of the pension payable in future.(c)If the amount of provisional gratuity granted and disbursed to a Government servant is found to be in excess of final gratuity assessed by the Director, Pension Department, he shall be called upon to refund such excess in the manner and subject to the conditions specified in rule 91.
