Rules, Rights & Rites -16 Processing of pension cases for Government servants unable to submit papers due to infirmity
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Processing of pension cases for Government servants unable to submit papers due to infirmity:
• The memorandum addresses the process for authorizing pension/family pension for a Government servant who cannot submit their pension forms due to a bodily or mental infirmity.
• It refers to the Department's OM No. 11/15/2022-P&PW(H)-8363 (III) dated 24-10-2024, which provided instructions for obtaining pension claims in such cases.
• These instructions are based on Rule 57(3) of the CCS (Pension) Rules, 2021, and further processing of the forms should be in accordance with Rule 59(2), read with Rule 80(5) of the same rules.
• The Department has observed that the above provisions are not being followed strictly by Ministries/Departments.
• As a result of this non-compliance, grievances are being received from retired Government servants/family members.
• All Ministries/Departments are again requested to bring these provisions to the notice of the personnel dealing with pensionary benefits in the Ministry/Department and all attached/subordinate offices for compliance.
The OM No. 11/15/2022-P&PW(H)-8363 (III) dated 24-10-2024 is based on the following rules:
• Rule 57(3) - Obtaining Claim Forms (The Initial Action):
• This rule provides for an exception when a Government servant is unable to submit their pension form (Form 6 - Particulars to be obtained by the Head of Office) due to bodily or mental infirmity.
• In such cases, the Head of Office (HOO) is authorized to obtain the required particulars and the claimant's signature/thumb impression on the form from the spouse or a member of the family (or from the guardian/legal representative, as the case may be).
• This allows the process to start even when the employee is incapacitated, ensuring that their claim is not delayed.
• Rule 59(2) - Preparation of Pension Papers (The Scrutiny/Assessment):
• Rule 59 deals with the comprehensive process of preparing the final pension papers, including the calculation of pension and gratuity.
• Rule 59(2) likely refers to the step where, after receiving the necessary particulars, the Head of Office (HOO) proceeds to scrutinize the records and prepare the assessment form (Form 7 - for Assessing Pension/Family Pension and Gratuity).
• The form needs to be completed and signed by the HOO, certifying the total qualifying service, emoluments, and the amounts admissible for pension/gratuity.
• Rule 80(5) - Authorization for Payment (The Final Step):
• Rule 80 deals with the authorization of pension and gratuity by the Pay and Accounts Officer (PAO) and the issue of the Pension Payment Order (PPO).
• Rule 80(5) addresses cases where a Government servant is mentally incapacitated. It stipulates that if a person to whom payment is to be made is medically certified to be mentally incapacitated, the PAO can authorize payment to the person legally entitled to receive the payment on his/her behalf. This ensures that the benefits reach the dependent/legal custodian immediately without waiting for a formal guardianship certificate from a court.
(DOP & PW OM No. 11/1/2025-P&PW(H)-IV dated 31.10.2025)
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