Jaipal Singh v. State Of Haryana And Others



   
        

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  ― The minimum qualifying service required for pension is ten years. On retirement from service on whatsoever reason before completion of qualifying service of ten years, pension shall not be admissible. In such case, service gratuity in addition to retirement gratuity, if otherwise admissible under these rules, shall be granted in lieu of pension.

      

 

   

 

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   An invalid pension proportionate to the length of service is awarded to a police officer who by bodily or mental infirmity is permanently incapacitated for further service in the police. If the incapacity is directly due to irregular or intemperate habits, no pension can be granted. If it has not been directly caused by such habits but has been accelerated or aggravated by them, it will be for the authority by whom the pension may be granted to decide what reduction should be made on this account (Articles 441, 454 and 474 Civil Service Regulations). " 

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  [Article 474(a), Civil Service Regulations]. Superintendents are required to be on their guard against endeavours to retire on invalid pension by officers who are capable of serving longer."

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"A permanent Government servant on absorption in a Public Sector Undertaking will be eligible for prorata pension and death cumretirement gratuity based on pension and deathcumretirement gratuity based on the length of his qualifying service under Government till the date of absorption. The pension will be calculated on the basis of average emoluments under rule 6.24 of C.S.R. Vol.II, presenting the date of absorption and deathcumretirement gratuity on the basis of the emoluments immediately before absorption. In cases where an officer at the time of absorption has less than 10 years service and is not entitled to pension, the question of proportionate pension will not arise, he will only be eligible to proportionate service gratuity in lieu of pension and the deathcumretirement gratuity, based on length of service."

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