1. Short title & commencement.   

These rules may be called the Central Civil Services (Extraordinary Pension) Rules.

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2. Application

  These rules shall apply to all persons paid from Civil Estimates, other than those to whom the Workmen's Compensation Act, 1923 (VIII of 1923), applies, whether their appointment is permanent or temporary, on the scale of pay or fixed pay or piece-work rates who are under the rule making control of the Governor-General, and

    who entered or enter service under the Central Government on or after the 1st April, 1937, or

    Who having entered such service before the 1st April, 1937, did not hold a lien or a suspended lien on a permanent post on that date, provided also that nothing contained in these Rules shall apply to Government servants appointed on or after the 1st day of January, 2004

NOTE. - No award shall be made under these rules in respect of a civilian officer who is deputed on foreign service under UN bodies on or after 1st January, 1958 and who is allowed to join the UN Joint Staff Pension Fund as an 'Associate Member'.

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3. Definitions

   For the purpose of these rules unless there is anything repugnant in the subject or context -

(1) "accident" means -
(i) a sudden and unavoidable mishap ; or
(ii) a mishap due to an act of devotion to duty in an emergency arising otherwise than by violence out of and in the course of service ;

(2)

"date of injury" means -
(i) in the case of accident or violence, the actual date on which the injury is suffered or such date, not being later than the date of the report of the Medical Board, as the President may fix ; and
(ii) in the case of disease, the date on which the Medical Board reports or such earlier date as may be fixed by the President with due regard to the opinion of the Medical Board ;

(3)

"injury" means -
an injury as is mentioned in Schedule I hereto annexed. Permanent Total Disablement shall be deemed to result from every injury specified in Part I of Schedule I or from any combination of injuries specified in Part II of that schedule where the aggregate percentage of loss of earning capacity (percentage of disability) amounts to cent per cent or more. Every injury specified in Part II of Schedule I shall be made to result in Permanent Partial Disablement.

(4)

"disease" means -
a disease as is mentioned in Schedule I-A hereto annexed.

*(5)

"pay" means -
the pay as defined in Rule 9 (21) of the Fundamental Rules, which a person was drawing on the date of his death or injury :
Provided that in the case of a person remunerated by piece-work rates, pay means the average earnings of the last six months ending with the date of his death or injury.

(6)

Deleted.

(7)

Deleted.

(8)

"Violence" means -
the act of person who inflicts an injury on a Government servant -
(i) by assaulting or resisting him in the discharge of his duties, or in order to deter or prevent him from performing his duties, or
(ii) because of anything done or attempted to be done by such Government servant or by any other public servant in the lawful discharge of his duty as such, or
(iii) because of his official position.

  Footnote : * See Decision (1) below these Rules for revised definition of pay with effect from 1-1-1986 as to mean the basic pay in the revised scales promulgated under the CCS (Revised Pay) Rules, 1986, stagnation increment and Non-Practising Allowance.

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3-A. Eligibilty

(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 new (revised) 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 new Rule 3-A have been satisfied or not, and therefore, normally, no other separate certificates in that behalf may be necessary. It is essential for the Administrative Officer as well as the Audit Office (PAO) concerned to satisfy themselves that the death/disability is, in fact, attributable to or aggravated by the Government service which alone makes an EOP 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 new Rule 3-A 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 casual connection between death and Government service has to be established before conceding acceptance of death due to Government service.

[G.I., M.H.A. (Dept. of Per. & A.R.), O.M. No. F. 23 (9)-E.  V (A)/79, dated the 28th November, 1980.]

(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.

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4. Authority   

No award shall be made under these rules except with the sanction of the President.

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5. Award independent of pension or gratuity which govt servant

    Except as otherwise provided in these rules, an award made under these rules shall not affect any other pension or gratuity for which the Government servant concerned or his family may be eligible under any other rules for the time being in force ; and the pension granted under the provisions of these rules shall not be taken into account in fixing the pay of pensioner in his continued employment or re-employment in Government service.   

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6. Time limit for award

No award shall be made in respect of -
(i) an injury sustained more than five years before the date of application, or
(ii) death which occurred more than seven years -
(a) after the injury due to violence or accident was sustained, or
(b) after the Government servant was medically reported as unfit for duty on account of the disease of which he died.

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Mode of Payment

   All awards under these rules shall be made in India in rupees unless the payee resides permanently, and desires payment to be made, in a country in which the rupee is not legal tender. In the latter case the amount of the award shall be paid in sterling at the exchange rate 1s 6d to the rupee.

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8.   Percentage of loss of earning capacity due to various injuries which results disablement

8. (1) The percentage of disability due to an injury or injuries shall be as specified in SCHEDULE -  I hereto annexed, or failing that, as certified by the Medical Authority.
(2) The percentage of disability due to a disease or diseases specified in SCHEDULE - I-A hereto annexed, shall be as certified by the Medical Authority.

9.

(1)

when disablement of a Government service is conceded as due to Government service in terms of Rule 3-A, he shall be awarded disability pension in terms of sub-rule (2) or (3) or lump sum compensation in terms of sub-rule (4) of this Rule in accordance with the precentage of disability (suffered by him) as certified by the Medical Authority concerned.
(2) If the Government servant is boarded out of Government service on account of his disablement, the quantum of disability pension for cent per cent disability shall be as specified in SCHEDULE II hereto annexed. The quantum of disability pension for lower percentage of disability shall be, "proportionately lower". (The minima and the maxima, given in SCHEDULE II, are applicable only for arriving at the monthly disability pension for cent per cent disability and are not applicable in respect of percentage of disability lower than cent per cent).
(3) If the Government service is boarded out of Government service on account of such disablement, and further if, the percentage of his permanent disability as certified by the Medical Authority is not less than 60 %, his monthly disability pension shall be related to the family pension admissible to the widow (in case he had died instead of being disabled) in the manner laid down in O.M. No. 23 (15)-E. V (A)-Pt. IV, dated the 20th January, 1978, as indicated below -
(a) If the employee held a permanent pensionable post and is invalided/boarded out from service, as a result of disability attributable to service, after rendering ten years service, he shall be given, apart from the normal invalid pension under the CCS (Pension) Rules, 1972, the amount of disability pension as is admissible  under the CCS (EOP) Rules, subject to the condition that the sum total of the invalid pension plus the disability pension shall not be less than the widow's (family) pension under the CCS (EOP) Rules ; and
(b) if the employee eligible for disability pension under the CCS (EOP) 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 CCS (Pension) Rules, 1972. Apart from such gratuity, he shall be given such amount of disability pension as is admissible under the EOP Rules subject to the condition that the sum-total of the pension equivalent of such gratuity under the CCS (Pension) Rules, 1972, plus the disability pension as is admissible under the CCS (EOP) Rules, shall not be less than the widow's (family) pension under the CCS (EOP) Rules.
(4) If the Government servant is retained in service in spite of such disablement, he shall be paid a compensation in lump sum (in lieu of the disability pension) on the basis of disability pension admissible to him in accordance with the provisions of sub-rule (2) of this Rule, by arriving at the capitalized value of such disability pension with reference to the Commutation Table, in force from time to time.

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10. Family pension for widows/children of the Awardees

    When death of a Government servant is conceded as due to Government service in terms of Rule 3-A, his widow and children shall be awarded pensionary benefits in accordance with SCHEDULE III hereto annexed.

NOTE. - If a Government servant dies leaving behind two or more widows, the pension admissible, under this rule to the widow shall be divided equally among all the widows.

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11. Award for dependant Father/Mother when widow/child is not alive

    (1)    If the deceased Government servant has left neither a widow nor a child, an award may be made to his father and  his mother individually or jointly and in the absence of the father and the mother to minor brothers and sisters, individually or collectively, if they were largely dependent on the Government servant for support and are in pecuniary need ;

    Provided that the total amount of the awards shall not exceed one half of the pension that would have been admissible to the widow under Rule 10 ;

    Provided further that each minor brother's and sister's share shall not exceed the amount of pension specified in SCHEDULE III for a "child who is not motherless".

    (2)    Any award made under sub-rule (1) of this rule will, in the event of an improvement in the pecuniary circumstances of the pensioner, be subject to review in such manner as the President may be order prescribe.

NOTE. - If any of the widows, children, father, mother, minor brothers or sisters is denied any share in the property of the Government servant under a will or deed made by him such person shall be ineligible to receive any award under these rules and the benefit will pass on to the next person eligible.

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12. Family Pension/disability under EOP rules

  (1)    A family pension will take effect from the day following the death of the Government servant or from such other date as the President may decide.       

(2) A family pension will ordinarily be tenable -
(i) in the case of a widow or mother until death or re-marriage, whichever occurs earlier ;
(ii) in the case of minor son, or minor brother, until he attains the age of twenty-one* ;
(iii) in the case of an unmarried daughter or minor sister, until marriage or until she attains the age of twenty-four, whichever occurs earlier ;
(iv) in the case of a father, life.

* - The age-limit fixed uniformly at 25 years for grant of family pension to both sons and unmarried daughters, under the CCS (Pension) Rules, 1972 [ Rule 54 (6) ] should equally apply to CCS (EOP) Rules also. Amendment to CCS (EOP) Rules awaited.

NOTE. - The family pension of a widow will cease on re-marriage but when such re-marriage is annulled by divorce, desertion or death of the second husband, her pension may be restored upon proof that she is in necessitous circumstances and otherwise deserving.

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12-A  Family pension in case of remarriage of widow

    Notwithstanding anything contained in clause (i) of sub-rule (2) of Rule 12, a widow of an employee who re-marries her deceased husband's brother and continues to live a communal life with, or contributes to the support of the other dependants of the deceased shall not be disqualified for the grant of extraordinary pension, otherwise admissible to her under these rules.

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13.  Procedures to be followed by the Head of office/department while considering the case of Extraordinary pension pertaining to affected employees.

(1)    In respect of matters of procedure, all awards under these rules are subject to any procedure rules relating to ordinary pensions for the time being in force, to the extent that such procedure rules are applicable and are not inconsistent with these rules.

(4)    When a claim for any disability pension or family pension arises, the Head of the Office or the Department in which the injured or the deceased Government servant was employed will forward the claim through the usual channel to the Government of India with the following documents :-

(i) A full statement of circumstances in which the injury was received, the disease was contracted or the death occurred.
(ii) The application for disability pension in Form 'A' or as the case may be, the application for family pension in Form 'B' of the Forms set forth in SCHEDULE IV.
(iii) In the case of an injury of Government servant or one who has contracted a disease a medical report in Form 'C' of the Forms set forth in SCHEDULE IV. In the case of a deceased Government servant a medical report as to the death or reliable evidence as to the actual occurrence of death if the Government servant lost his life in such circumstances that a medical report cannot be secured.
(iv) A report of the Accounts Officer concerned as to whether an award is admissible under the rules and, if so, of what amount.

(5)    Where the Government are satisfied on the evidence placed before them by a Government servant in respect of whom a medical report for the purpose of grant of disability or other extraordinary pension has been received by them, of the possibility of an error of judgement in the decision of the Medical Board which examined him, the Government may direct a second Medical Board consisting of members other than those who constituted the first Medical Board to examine the officer and submit a report to the Government in the matter ; pension shall be granted to the officer in accordance with the decision of the second Medical Board.

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GOVERNMENT OF INDIA'S DECISIONS

(1) Revised provisions effective from 1-1-1996, regulating Disability Pension and Extraordinary Family Pension under the CCS (Extraordinary) Pension Rules and Liberalized Pensionary Awards- The Fifth Central Pay Commission, and Liberalized Pensionary Awards. - The Fifth Central Pay Commission, interalia,  recommended that for determining the compensation payable for death or disability under different circumstances, the case could be broadly categorized in five distinct categories as under:

Category  'A'  Death or disability due to natural causes not attributable to Government service. Examples would be chronic ailments like heart and renal diseases, prolonged illness, accidents while not on duty, etc.
Category 'B' Death or disability due to causes which are accepted as attributable to or aggravated by Government service. Diseases contracted because of continued exposure to a hostile work environment, subjected to extreme weather conditions or occupational hazards resulting in death or disability would be examples.
Category 'C' Death or disability due to accident in the performance of duties. Some examples are accidents while traveling on duty in Governments vehicles or public transport, a journey on duty is performed by service aircraft, mishaps at sea, electrocution while on duty, etc.
Category 'D' Death or disability, attributable to acts of violence by terrorists, anti-social elements, etc. whether in their performance of duties or otherwise. Apart from cases of death or injury sustained by personnel of the Central Police Organization while employed in aid of the civil administration in quelling agitation, riots or revolt by demonstrators, other public servants including police personnel, etc., bomb blasts in public places or transport, indiscriminate, shooting incidents in public, etc., would be covered under this category.
Category 'E' Death or disability arising as a result of (a) attack by or during action against extremists, anti-social element, etc... and (b) enemy action in international war or border skirmishes and warlike situations, including cases which are attributable to (i) extremists acts, exploding mines, etc..., while on way to an operational area, (ii) kidnapping by extremists; and (iii) battle inoculation as part of training exercises with live ammunition.

    2. The Fifth Central Pay Commission recommended various relief packages for the above categories, in modification of the existing provisions on the subject.

    3. The recommendations of the Commission have been under consideration of the Government for some time. Orders have already been issued regarding ex gratia payment in case of death in service vide this Department's O.M. No. 45/55/97-P. & P.W. (C) , dated 11-9-1998 [vide Appendix 5 in this compilation ]. In respect of disability pension/family pension, the President is now pleased to decide as under :- 

(i)

Cases covered under the Category (A) would continue to be covered under the normal existing provision of CCS (Pension) Rules.

(ii)

In cases covered under Categories (B), (C), (D) & (E), the scales of the family pension/disability pension would be as under :-

I.Family Pension - for Categories 'B' & 'C'

(1)

Distinction between widows without children or those with children, for determination of the quantum of extraordinary family pension shall stand abolished. The quantum of monthly extraordinary family pension for all categories of widows shall be :-
  (a) Where the deceased Government servant was not holding a pensionable post: 40% of basic pay subject to a minimum of Rs.1,650/-
  (b) Where the deceased Government servant was holding a pensionable post :
      60% of basic pay subject to a minimum of  Rs. 2500.

(2)

In case where the widow dies or remarries, the children shall be paid family pension at the rates mentioned at (a) or (b) above, as applicable, and the same rate shall also apply to fatherless/motherless children. In both cases, family pension shall be paid to children for the period during which they would have been eligible for family pension under the CCS (Pension) Rules. Dependent parents/brothers/sisters, etc., shall be paid family pension at one-half the rate applicable to widows/fatherless or motherless children.

II. Family Pension under Categories 'D' & 'E'

(1)

Family pension in  cases, falling under categories 'D' & 'E' shall be determined under the existing provision of Liberalized Pensionary Awards Scheme.

(2)

If the Government servant is not survived by widow but is survived by child/children only, all children together shall be eligible for family pension at the rate of 60% of basic pay, subject to a minimum of  Rs. 2500. Children allowance. as admissible now, shall stand abolished.

(3)

When the Government servant dies a bachelor or as a widower without children, dependent pension will be admissible to parent without reference to pecuniary circumstances, at the rate of 75% of pay last drawn if both parents are alive and at the rate of 60% if only one of them is alive.

III. Disability Pension - for cases covered under Categories 'B' and 'C'

(1)

 Normal pension and gratuity admissible under the CCS (Pension) Rules, 1972, plus disability pension equal to 30% of basic pay, for 100% disability,

(2)

For lower percentage of disability, the monthly disability pension shall be proportionately lower as at present, provided that where permanent disability is not less than 60% , the total pension (i.e., pension or service gratuity admissible under the ordinary pension rules plus disability pension as indicated at (1) above) shall not be less than 60% of basic pay, subject to a minimum of  Rs. 2500.

IV. Disability Pension - for cases covered under Category 'D'

(1)

Disability pension comprising a service element equal to the retiring pension and gratuity to which the employee would have been entitled to on the basis of his pay on the date of invalidation but counting service up to the date on which he would have retired in the normal course and disability element equal in amount to normal family pension subject to the condition that the aggregate of the service  and disability element shall not be less than 80% of the pay last drawn, for 100% disability.

(2)

For lower percentage of disability, the disability element shall be proportionately lower as at present.

V. Disability Pension - for cases covered under Category 'E'

(1)

Disability pension comprising a service element equal to the retiring pension & gratuity to which the employee would have been entitled to on the basis of his pay on the date of invalidation but counting service up to the date on which he would have retired in normal course and disability element equal in amount to the pay last drawn subject to the condition that the aggregate of the service and disability elements shall not exceed the pay last drawn, for 100% disability.

(2)

For lower percentage of disability, the disability element shall be proportionately lower as at present.

    4. Other terms and conditions in the CCS(EOP) Rules and Liberalized Pensionary Awards Scheme which are not specifically modified by these orders shall continue to remain operative.

    5. The Fifth Central Pay Commission also suggested certain procedural changes. These have also been considered by the Government. The President is now pleased to decide as under:-

(i)

The extent of disability or functional incapacity shall be determined in the following manner for purposes of computing the disability element forming part of benefits :-

Percentage of disability
assessed by Medical Board

Percentage to be reckoned for computation 
of disability element.

Less than 50

50

Between 50 and 75

75

Between 76 and 100

100

(ii)

The findings of the Medical Board on the extent of disability would be treated as final and binding unless the employee himself seeks a review by preferring an appeal to an Authority immediately superior to the one who had constituted the Board. In case the appeal is accepted and a review Medical Board is constituted, the findings of the Board would be binding on all parties.

The extent of disability as determined and accepted would be treated as final and the employee would not be required to appear before Medical Board periodically for the purpose of obtaining a certificate that the disability continues to persist.

(iii)

Different department and offices shall have the powers to grant disability family pension covered under the Government orders and instructions issued on the subject. They shall exercise these powers, wherever necessary, in consultation with the Financial Advisers. Only in cases not covered strictly in terms of the Government guidelines and instructions, reference to Department of Pension and Pension's Welfare shall be made.

    6. These orders will be effective from 1-1-1996. The past cases of pre-1996 pensioners/family pensioners will be revised under this Dept's O.M.  No. 45/86/97-P. & P.W. (A)-Part-II, dated 27-10-1997. Such consolidated pension, shall, however, be subject to the provisions of the Dept.'s O.M. No. 45/10/98-P. & P.W. (A). dated 17/12/1998. [see also Decision (6) below.]

    7. This issues with the concurrence of the Ministry of Finance, Department of Expenditure vide their U.O. No. 20/E. V/2000. dated 6-1-2000.

    8. In so far as employees of IA & AD are concerned, these orders have been issued after consultation with the C & AG of India.

    [ G.I. Dept. of P. & P.W., O.M. No. 45/22/97-P. & P.W. (C), dated the 3rd February, 2000. ]

 

 

(2)    Appointing authorities competent to sanction awards in clear cases and where there is no disagreement. - It has been decided to delegate powers to Appointing Authorities to sanction awards under the relevant Extraordinary Pension Rules in those cases in which the proposed pension or gratuity is held to be clearly admissible under Rules, i.e., where there is no disagreement between the Accounts Officer and the Appointing Authority as regards the admissibility of the awards or the amount admissible.

    In cases where the President is the Appointing Authority the powers already delegated will continue to be exercised by the Administrative Ministries and the Comptroller and Auditor-General.

    Cases which are not clearly covered by the Rules or where there is disagreement between the various authorities mentioned above, or wherein award is proposed to be granted on ex gratia basis, should, however, continue to be referred to the Ministry of Finance as usual.

[G.I., M.F., O.M. No. F. 19 (18)-E. V (A)/66, dated the 26th February, 1966.]

(3)    Award only under EOP Rules in cases covered under both the Pension Rules. - Family Pension to the families of Government servants governed by the Family Pension Scheme, 1964 [Rule 54 of CCS (Pension) Rules, 1972] as well as the CCS (EOP) Rules whose death is accepted as due to Government service as defined in the latter rules, would be paid under the CCS (Extraordinary Pension) Rules and not under this Scheme. In other words, they will not be entitled to benefits under the said Scheme in addition.

[G.I., M.F., O.M. No. F. 19 (18)-E. V (A)/65, dated the 9th September, 1965.]

(4)    Appeal against the findings of a Medical Board who examined a Government servant for the purpose of grant of wound or other extraordinary pensions. - The question of admitting appeals of Government servants against the decision of the Medical Board who examined them for the purpose of grant of wound or other extraordinary pension under the relevant extraordinary pension rules, has been receiving the attention of Government for some time. After careful consideration, the Government have decided the following procedure may be followed in this regard :-

(i) The findings of the examining Medical Board should be made known to the Government servant concerned as soon as possible after the receipt of the medical report by the Head of the Office/Department. The Government servant concerned should, if he desires to appeal against such decisions, do so together with requisite evidence in support of his case within one month from the date on which the findings of the Medical Board were made known to him. Ordinarily there is no right of appeal from the findings of an examining medical authority but if Government are satisfied on the evidence placed before them by the Government servant concerned, of the possibility of an error of judgment in the decision of the examining medical authority, it will be open to them to allow re-examination by a  second Medical Board.
(ii) If any medical certificate is produced by the Government servant as a piece of evidence about the possibility of an error of judgement in the decision of an examining medical authority who had examined him in the first instance, the certificate will not be taken into consideration unless it contains a note by the medical practitioner who gave the certificate to the effect that it has been given in full knowledge of the fact that the person concerned has already been examined by a Medical Board who have given their opinion as to the injury/disease in respect of which the Government servant had applied for extraordinary pension.
(iii) The expenditure incurred in assembling the Review Board shall be borne by the Government, provided that the Government servant shall be required to pay a prescribed fee which shall be refunded if his appeal is upheld by the Review Board.
(iv) To ensure uniformity of procedure, all appeals shall at first be referred to the Ministry of Health who shall advise on the evidence produced as to whether there is an error of judgement on the part of the examining Medical Board who first conducted the Medical examination and whether the appeal should be accepted or not and if accepted, by whom such re-examination should be conducted.

    [G.I., M.F., O.M. No. F. 19 (2)-E. V (A)/64, dated the 2nd June, 1965.]

(5)    Procedure in regard to the grant of extraordinary pension in respect of State Government servants on deputation to the Central Government and vice versa. - The procedure in regard to the grant of extraordinary pension in respect of State Government servants on deputation to Central Government and vice versa has not been uniform so far. The position has, therefore, been reviewed in this regard and it has been decided that the following procedure should be followed in the matter in future :-

(i) The grant of extraordinary pension/gratuity should be regulated in accordance with the rules of the borrowing Government in respect of Government servants receiving injuries or dying during the period of deputation.
(ii) The liability for such an award should be that of the borrowing Government.
(iii) The Union Public Service Commission or the State Public Service Commission should be consulted according as the borrowing Government is the Central Government or the State Government except when the borrowing Government is the Government of Jammu and Kashmir. No consultation with the State Public Service Commission would be necessary in the extraordinary pension cases of Central Government officers deputation to the State of Jammu and Kashmir.
(iv) The sanction for the grant of such an award should be issued by the borrowing Government after usual consultation with the Accounts Officer.

2.    The procedure prescribed in sub-para. (i) above should be deemed to be relaxed in cases where the extraordinary pension rules of the borrowing Government are found to be less advantageous. Such cases should be dealt with in relaxation of the rules of the borrowing Government so as to allow the Government servants concerned or the members of their families the benefits admissible under the rules of the lending Government. In such cases the borrowing Government should forward a casualty report and statement of case together with connected documents to the lending Government who will obtain a report from the Accounts Officer concerned. On receipt of an Audit report, the lending Government will forward the same along with the relevant documents to the borrowing Government for consultation with their Public Service Commission, when necessary, and issue of necessary sanction. While sending these documents, the lending Government should also state whether they agree with the report of the Accounts Officer and in case of disagreement they should state reasons for the disagreement giving their views as to the admissibility and quantum of award.

3.    The decisions contained in the above paragraph shall also apply mutatis mutandis in respect of Government servants of the Posts and Telegraphs, Railways and Defence Departments on deputation to the other Departments of the Central Government and vice-versa and these three Departments shall be treated as separate Governments for the purpose of these orders.

4.    These orders do not apply to the State Government servants on deputation from the State of UP to the Central Government and vice versa. These orders also do not apply to All India Services Officers.

[G.I., M.F., O.M. No. F. 19 (23)-E. V (A)/64, dated the 2nd August, 1965.]

(6)    Ex gratia payment to families of Government servants travelling by service aircraft and dying in accidents. - The death of a Government servant as a result of an accident, while travelling by air on duty, is treated as being due to 'special risk of office' for the purposes of Central Civil Services (Extraordinary Pension) Rules. His family is in that event entitled to the pension and gratuity admissible under those rules. If death occurs while travelling by a commercial plane operated by the Indian Airlines Corporation, the family is likely to receive an ex-gratia payment from the Corporation. No such cover is, however, available if the death occurs in an accident while travelling on duty by service aircrafts. The question of giving compensation in such cases has been under the consideration of the Government. It is felt that the benefits to the families of Government servants involved in fatal accidents, while travelling as passengers and members of the crew by service aircraft in the course of the performance of their official duties, should be on par with those available to the families of similar personnel travelling by IAC planes as fare paying passengers. It has, therefore, been decided that the families of such personnel may be given an ex-gratia payment at a uniform rate of Rs. 5,00,000 in addition to the benefits admissible under the Extraordinary Pension Rules. This payment would be of a purely ex-gratia nature. It will be sanctioned in each case with the concurrence of the Ministry of Finance.

    The grant of the aforesaid ex-gratia payment will be without prejudice to the bond required to be executed by civilian Government servants indemnifying Government against any claims on account of death, etc., while in flight by service aircraft.

[G.I., M.F., O.M. No. 19 (1)-E. V (A)/65, dated the 6th October, 1965 ; O.M. No. F. 23 (1)-E. V (A)/73, dated the 18th June, 1973 ; O.M. No. F. 25 (5)-E. V (A)/78, dated the 28th August, 1978 and G.I., Dkept. of Per. & A.R., O.M. No. 23 (15)-E. V (A)/78, dated the 12th March, 1980 and O.M. No. 46/1/87-P. & P.W., dated the 24th January, 1990 read with corrigendum of even number, dated the 26th June, 1990.]

    The provisions contained in the above decision shall apply to the following types of air journeys also, subject to such journeys being undertaken by a Government servant while on duty in public interest -

(i) Air journeys on test flights ; and
(ii) Air journeys by non-scheduled flights in chartered planes.

[G.I., M.F., O.M. No. F. 23 (1)-E. V (A)/73, dated the 17th June, 1975.]

NOTE. - The term 'family' for the purpose of the aforesaid orders shall include wife, children and failing that, other legal heirs including parents of the deceased Government servant.

[G.I., M.F., O.M. No. F. 4 (12)-E. V/70, dated the 10th August, 1970.]

    (7)   Revision of Disability Pension/Family Pension of Pre-1996 Pensioners,  In para 6 of  O.M. 45/22/97-P & P.W. (C), dated the 3rd February, 2000 (Decision (1) above), it has been provided that the past cases of pre-1996 pensioners/family pensioners will revised under this Department's OM, dated 17-12-1998.

    2.  The question of modified parity between past and present pensioners, covered under the Central Civil Services (Extraordinary Pension) Rules/Liberalized Pensionary Award Scheme, on the lines of benefits sanctioned for ordinary pensioner/family pensioners,  has been under the consideration of the Government. It has now been decided that the revision of pre-1996 pensioners/family pensioners coming under this category would be done as under.

    (A) The past cases of pre-1996 pensioners/family pensioners will be revised under this Department' O.M No. 45/86/97-P & P.W. (A) (Part-II), dated 27-10-1997 as is being done hithertofore  and the revised pension on the basis of the provisions of this OM worked out.

    (B) The benefits under this Department's O.M. No. 45/86/97-P. & P.W. (A) (Part-III), dated 10-2-1998 shall also be extended in the case of pensioners/family pensioners of these categories. In other words, the pay of the employee would be updated from one Central Pay Commission to the subsequent one, etc., and fixed notionally as on 1-1-1986, as if he was in service on that day, as per the procedure laid down in the OM, dated 10-2-1998. The pension/family pension on such notionally fixed emoluments would now be calculated by applying the rates applicable for each category of Extraordinary Pension/Family  Pensioners and this would be further consolidated for fixation of pension as on 1-1-1996 by applying the usual procedure.

    (C) The pension/family pension shall also be calculated as on 1-1-1996 by applying the following procedure.

1. Family pension for Categories "B" & "C'

(a)

Where the deceased Government servant was not holding a  pensionable post: 

40% of minimum basic pay in the revised scale, applicable from 1-1-1996, of the post last held by the employee, subject to a minimum of  Rs. 1650.

(b)

Where the deceased Government servant was holding  a pensionable post :

60% of minimum basic pay in the revised scale, applicable from 1-1-1996, of the post last held by the employee, subject to a minimum of  Rs. 2500.

    In case where the widow dies or remarries, the children shall be paid family pension  at the rates mentioned at (a) or (b) above, as applicable, and the same rate shall also apply to fatherless/motherless children. In both cases, family pension shall be paid to children for the period during which they would have been eligible for family pension under the  CCS(Pension) Rules. Dependent parents/brothers/sisters, etc., shall be paid family pension one-half the rate applicable to widows/fatherless or motherless children.

II. Family Pension under categories 'D' & 'E'

        Family pension shall be calculated as the minimum pay in the revised scale of pay, applicable from 1-1-1996, of the last post held by the employee.

(a)

If the Government servant is not survived by his widow but is survived by child/children only, all children together shall be eligible for the family pension at the rate of 60% of minimum basic pay in the revised scale, applicable from 1-1-1996, of the post held by the employee, subject to a minimum of  Rs. 2,500.

(b)

When the Government servant dies as a bachelor or as a widower without children, dependent pension will be admissible to parent without reference to pecuniary circumstances, at the rate of 75% of minimum basic pay in the revised scale applicable from 1-1-1996, of the post last held by the employee, if both parents are alive and at the rate of 60% if only one of them is alive.

III. Disability Pension for Categories 'B' & 'C'

(a)

 Disability pension calculated as 50% of the minimum basic pay in the revised scale, applicable from 1-1-1996, of the post last held by the employee, to be reduced proportionately, if the employee did not have required qualifying service for full pension plus disability pension equal to 30% of the same minimum basic pay, for 100% disability.

(b)

For lower percentage of disability, proportionate reduction would be made in the same manner as provided in the OM, dated 3-2-2000. [Decision (1) above. ]

IV. Disability Pension for Category 'D'

(a)

Disability pension would comprise of a service element equal to 50% of the minimum basic pay in the revised scale, applicable from 1-1-1996, of the post last held by the employee subject to proportionate reduction in case his qualifying service up to the deemed date of retirement falls short of full qualifying service and disability element equal to 30% of the same minimum basic pay, subject to the condition that the aggregate of service and disability element shall not be less than 80% of the minimum basic pay in the revised scale, applicable from 1-1-1996, of the post last held by the employee, for 100% disability.

(b)

 For lower percentage of disability,  proportionate reduction shall be made as provided in OM, dated 3-2-2000. [Decision (1) above.]

V. Disability Pension for cases under Category 'E'

(a)

 Disability pension would comprise of a service element equal to 50% of the minimum basic pay in the revised scale applicable from 1-1-1996 of the post last held by the employee subject to proportionate reduction in case his qualifying service up to the deemed date of retirement falls short of full qualifying service and a disability element equal to the same basic pay, subject to the condition that the aggregate of service and disability elements shall not exceed the minimum basic pay in the revised scale, applicable from 1-1-1996, for the post last held by the employee, for 100% disability.

(b)

 For lower percentage of the disability, proportionate reduction would be made as provided in OM, dated 3-2-2000. [ Decision (1) above ].

    3. After the revised pension/family pension has been calculated in accordance with the methods indicated in (A), (B) and (C) above, the highest of the three shall be granted as revised pension with effect from 1-1-1996.

    4. All other terms and conditions contained in OM, dated 3-2-2000 [Decision (1) above ] shall remain unchanged.

    5. This issues with the concurrence of the Ministry of Finance, Department of Expenditure vide their U.O. No. 355/E. V/2001, dated 26-6-2001.

    [G]. Dept. of P. & P.W.., No. 45/22/97-P & P.W. (C), dated the 11th September, 2001. ]

 

 

 

 

 

 

 

 

 

GUIDELINES FOR CONCEDING ATTRIBUTABILITY OF
DISABLEMENT OR DEATH TO GOVERNMENT SERVICE

[ Ref. Rule 3-A (2) ]

1.    Rule 3-A covers also cases of death after discharge/invaliding from service.

2.    In deciding on the issue of entitlement, all the evidence (both direct and circumstantial) will be taken into account and the benefit of reasonable doubt will be given to the claimant. This benefit will be given more liberally to the claimant in field service cases.

3.    Post-discharge claims. - Cases in which a disease did not actually lead to the Government servant's discharge from service but arose within 7 years thereafter may be recognized as attributable to service, if it can be established medically that the disability is a delayed manifestation of a pathological process set in motion by service conditions obtaining prior to discharge and that if the disability had been manifest at the time of discharge, the individual would have been invalided out of service on this account. In cases where an individual in receipt of a disability pension dies at home, and it cannot, from a strictly medical point of view, be definitely established that the death was solely due to the disablement in respect of which the disability pension was granted -

(a) the benefit of doubt in determining attributability, should go to the family of the deceased, if death occurs within 7 years from the date of his invalidment from service, unless there are other factors adversely affecting the claim ; and
(b) if death takes place more than 7 years after the date of the man's invalidment from service, the benefit of doubt will go to the State.

    In cases where an individual outlives a normal span of life, i.e., where death takes place at the age of 60 or above, the death should be held to be due to normal causes and not to Government service.

NOTE. - Death of a disability pensioner, whose disablement has been accepted on the basis of aggravation, may also be accepted as due to Government service under Rule 3-A (1) (b) if the last assessment of disablement was 50 per cent, or above. If the last accepted assessment of disablement was less than 50 per cent, death should not be regarded as due to service.

    The above procedure will apply when death is established as due to the disability in respect of which disability pension was granted. If this is not the case, the identification of the cause of death with the invaliding disability will first be determined in accordance with the provisions of the Guidelines. If the identity can be conceded there under, the procedure in the preceding sub-paragraph will be followed for determining the further point whether entitlement to extraordinary family pension can be conceded in a case where on invaliding disability was aggravated by service.

4. (a) (i) Injuries sustained when the man is 'on duty' will be deemed to have arisen in, or resulted from, Government service ;  but in cases of injuries due to serious negligence or misconduct, the question of reducing the disability pension will be considered.
    (ii) In cases of self-inflicted injuries while on duty, attributability will not be conceded unless it is established that service factors were responsible for such action ; in cases where attributability is conceded, the question of grant of disability pension at full or at a reduced rate will be considered.
  (b) A person subject to the disciplinary code of the Central Armed Police Battalions, is 'on duty' -
    (i) When performing an official task or a task, failure to do which would constitute an offence, triable under the disciplinary code, applicable to him.
    (ii) When moving from one place of duty to another place of duty irrespective of the method of movement.
    (iii) During the period of participation in recreation, organized or permitted by service authorites, and during the period of travelling in a body or singly under organized arrangements.
    (iv) When proceeding from his duty station to his leave station on returning to duty from his leave station at public expenses, that is, on Railway warrant, on cash TA (irrespective of whether Railway warrant/cash TA is admitted for the whole journey or for a portion only), in Government transport or when road mileage is paid for the journey.
    1(v) When journeying by a reasonable route from one's official residence to and back from the appointed place of duty irrespective of the mode of conveyance, whether private or provided by the Government.

Superscript 1 means Substituted by G.I., Dept. of P. & P.W., O.M. No. 33/1/89-P. & P.W. (K), dated the 22nd January, 1992.

  (c) An accident which occurs when a man is not strictly 'on duty' as defined above, may also be attributable to service, provided that it involved risk which was definitely enhanced in kind or degree by the nature, conditions, obligations or incidents of his service and that the same was not a risk common to human existence in modern conditions in India. Thus, for example, where a person is killed or injured by someone by reason of his belonging to an Armed Police Battalion (and in the course of his duty in such service, he had incurred wrath of such person) he shall be deemed to be 'on duty' at the relevant time.

    This benefit will be given more liberally to the claimant in cases occurring on 'active service' as defined in the relevant Acts/Rules (e.g., those applicable to BSF/CRPF, etc., Personnel).

NOTE 1. -    (a)    Personnel of the Central Armed Police Battalions participating in (i) local/national/international sports tournaments as member of service teams, or (ii) mountaineering/gliding expeditions organized by the service authorities, with the approval of Government, will be deemed to be 'on duty' for purposes of the entitlement rules of disability and family pension.

    (b)    The above personnel participating in the above-mentioned sports tournaments or in privately organized mountaineering expeditions or indulging in gliding as a hobby, in their individual capacity, will not be deemed to be 'on duty' for purposes of those rules, even though prior permission of the competent service authorities may have been obtained by them.

    (c)     Injuries sustained by the above personnel in impromptu games and sports outside parade hours, which are organized by, or with the approval of, the local service authority, and deaths arising from such injuries will be regarded as having occurred while 'on duty' for purposes of these rules.

    NOTE 2. - The above personnel deputed for Training Courses conducted by the Himalayan Mountaineering Institute, Darjeeling, or other similar recognized institutes, shall be treated on par with personnel attending other authorized professional courses or exercises for the services for the purpose of the grant of disability/family pensions on account of disability/death sustained during the courses.

5.    In respect of diseases, the following rules will be observed :-

(a)    Cases, in which it is established that conditions of Government service did not determine or contribute to the onset of the disease but influenced the subsequent course of the disease, will fall for acceptance on the basis of aggravation.

(b)    A disease which has led to an individual's discharge or death will ordinarily be deemed to have arisen in service if no note of it was made at the time of the individual's acceptance for Government service. However, if medical opinion holds, for reasons to be stated, that the disease could not have been detected on medical examination prior to acceptance for service, the disease will not be deemed to have arisen during service.

(c)    If a disease is accepted as having arisen in service, it must also be established that the conditions of Government service determined or contributed to the onset of the disease and that the conditions were due to the circumstances on duty in Government service.

(d)    In considering whether a particular disease is due to Government service, it is necessary to relate the established facts, in the a etiology of the disease and of its normal development, to the effect that conditions of service, e.g., exposure, stress, climate, etc., may have had on its manifestation. Regard must also be had to the time factor (Also see Schedule I-A).    

(i) Common diseases known to be affected by exposure to weather

    Diseases such as Bronchitis, Rheumatism and Nephritis - indeed most diseases of the respiratory system, joints and kidneys - are affected by climatic conditions. The period and the conditions of service at any particular place should be taken into account in determining causal connection with service.

(ii) Common diseases known to be affected by stress and strain

    This should be decided with due reference to the nature of the duties which the individual has had to perform in Government service. It may be that in some cases the individual had been engaged on sedentary duties, when they will normally not qualify.

(iii) Diseases endemic to certian areas

    Diseases such as Malaria, Kalazar, Filariasis, Dysentery, Cholera, etc., are endemic in certain ares. These diseases may also be introduced by movements of infected persons.

    In determining causal connection with service, it will have to be established that the conditions of Government service exposed the individual to the infections as a result of which he contracted the disease. Where there is medical evidence of the contraction of the diseases either prior to entry into service, or while off duty or on leave or desertion or unauthorized absence, etc., attributability should not be accepted, unless the disease occurs within the incubation period.

(iv) Diseases due to infections in service

    Entitlement to pension will be admitted if the exposure to infection arose from the circumstances of the member's Government service.

(v) Diseases known to be affected by dietary compulsions

    The compulsions of service would also cover such cases as gastric disorders, e.g., gastritis, gastric and duodenal ulcers, where it is established that the member was unable to follow a dietary regime required for his condition. The effect of service in such cases will be limited essentially to the question of aggravation of a pre-existing constitutional condition. This will not normally apply to individuals in sedentary occupation.

(vi) Diseases which run their course independently of external circumstances

    There are certain diseases which would have run the same course whether the individual had been in Government service or not, e.g., Leukaemia, Hodgkin's disease, etc. (See Part II of Schedule I-A). Such cases will not be accepted as aggravated by service unless it is clear that owing to exigencies of service, the man did not receive treatment of a satisfactory character and standard or such treatment was so delayed, as to be less effective than it should have been.

(vii) Venereal Diseases

    (1)    Venereal disease will normally be rejected but a sequela of the disease may sometimes be accepted as aggravated by service. In the case of such disease contracted during service, grounds for acceptance will rarely be found unless the member after treatment had returned to full duty and had been subjected to such strain as would produce one of the after effects of the disease sooner than would have normally been the case. The strain must have been of an exceptional nature.

    (2)    In the case of disease contracted before service if the member had reached an age when such a manifestation could be accepted, entitlement will not be conceded. On the other hand, if the later manifestation had been produced or hastened by the strain of service in which case there should be evidence that the strain was of an exceptional nature, entitlement may be considered on the basis of aggravation.

    (3)    In the case of disease due to heredity, entitlement must be determined as in Para. (2) above.

    (4)    The above refers only to late manifestations or sequela of venereal disease as Neuro Syphilis or Cardio-vascular syphilis.

(viii) Invalidation on account of indulgence in drugs or drinks

    Entitlement shall not be conceded if the disability or death on which the claim is based, resulted from indulgence in drugs or drinks which was within one's own control.   

6.    Unforeseen effects of service medical treatment . -

(a)    Whether unforeseen complications arise as a result of treatment (including operative treatment) given for the purpose of rendering a member fit for service duties, any disablement resulting will normally be accepted as attributable to service.

(b)    Where the treatment is given for other reasons, the position regarding any unforeseen complications differs according as the condition which necessitated treatment was or was not, either attributable to or aggravated by service. If it was so attributable or aggravated, any disablement resulting from the treatment, it will normally be accepted as attributable to service. If it was not, no responsibility will be accepted for the additional disablement unless neglect, delay, faulty technique or lack of reasonable skill can be held responsible for the untoward outcome, or the exigencies of service before, during or after the treatment can be held to have caused or aggravated the condition.

(c)    The above considerations apply whether the treatment is given in a service hospital or under service arrangements in any other hospital but will not apply if the treatment, is undertaken under private arrangement by an individual.

7.    Assessment. -

(a)    The assessment of a disability is the estimate of the degree of disablement it causes, which can properly be ascribed to service as defined below.

(b)    The disablement properly referable to service will be assessed as under -

(i) At the time of discharge from the Government service* -

Superscript * means Special consideration should be given to cases to which the disablement has been or may have been worsened by the improper or excessive use of alcohol, tobacco or drugs or by venereal disease. In such cases, the effects of these will be excluded in assessing disablement ascribable to service.

 

    Normally the whole of the disablement then caused by the disability. This rule will apply irrespective of whether the disability is actually attributable to service, or is merely aggravated thereby. In the latter event, part of the disablement on discharge may have been present before service and/or may have been brought about by the natural progress of the disability during service. But as it is impossible, for so long as the strain and stress of service continues, to apportion quantitatively the effects of service and non-service factors, the entire disablement at the time of discharge will be taken into account. For example :

(1) Where a person who had a partially disabled hand, sustains an injury to the same hand which renders it less useful than before, or a person with an impaired foot injures the other as a result of service, thus increasing his defect in locomotion ; or

(2)

Where a person gives history of cough and cold prior to enrolment and is invalided out of service for Chronic Bronchitis held to be aggravated by service, pension will be admissible for the total disablement.

(ii)

On re-survey of disability after discharge from the service. -

    The whole of the disablement then caused by the disability, less the following : -

(1) The part due to non-service factors, such as individual habits, occupation in civil life, accident after discharge, climatic environment after discharge ;

(2)

Any  worsening due to the natural progress of the disability since discharge apart from the effects of service.

Deduction (1) will be made in all cases ; while deduction (2) above will apply only in cases where the disability is accepted as aggravated by, but not attributable to, service.

    (c)    In cases accepted as aggravated by service, although a percentage of disablement, equal to more than 20 per cent, may be assessed on medical resurvey, after discharge from service, in accordance with para. (b) (ii) (2) above, disability pension will cease to be payable as soon as the effects of the aggravation by service have passed away, e.g., where a person with disease, e.g., Fibrositis, Bronchitis, Eczema, etc., held to be aggravated by service, is invalided out and on resurvey was found by the Medical Board to have been restored (a) to his pre-service condition or (b) the condition in which he may have been normally at that time even if he had not joined Government service, aggravation by service will be deemed to have passed away.

    (d)    Paired organs, -

(i) Paired organs, namely, eyes, ears, arms and legs shall be considered together, where disablement due to service occurs in one of a pair of organs, assessment on discharge will be made with reference to the diminution of the functional capacity of the organs working together. Therefore, assessment will include functional defect of the pair of organs.

(ii)

Subject to the exceptions specified below, any subsequent increase in the non-service disablement and non-service disablement arising after discharge whether due to injury or disease will be excluded from the assessment.

(iii)

Cases arise in which at the time of discharge, there is damage by service to one only of the paired organs (namely, eyes, ears, arms including hands)  and legs (including feet) and the other is, either normal or impaired in a minor degree. Where the disablement acceptable under Clause (ii) above and the disablement of the other limb or organ are together assessable at any subsequent date at 100 %, the assessment for pension purposes will be increased by one half of the difference between the current assessment and 100 per cent. For instance, a pensioner receiving an award at the 40 % rate for the loss of an eye who later loses the sight of his other eye through a non-service cause, will have his award increased to 70 % rate ; and a pensioner with an award at 80 % for a gunshot wound of an arm, who later develops severe arthritis of his other arm, thereby being 100 % disabled, will qualify for a revised award at 90 % rate. Where the combined disablement of the pair of organs is less than 100 %, but is more than twice as serious as the disablement acceptable under Clause (ii) above, the assessment will be increased to one half of the combined disablement. If, for example, a pensioner with an award at 30 % rate for the loss of vision of one eye partially loses the sight of the other eye through a non-service cause, and the defective vision of both eyes together is assessable at 80 %, his award will be increased to the 40 % rate.

(iv)

The provisions of the preceding sub-clause are applicable even where the second of a pair of organs has been disabled by some generalized disability (e.g., rheumated arthritis) which would have also disabled the first of the pair if it had not been lost or damaged as the result of service.

    (e)    Composite assessments. -

    Where there are two or more disabilities due to service, compensation will be based on the composite assessment of the degree of disablement. Generally speaking, when separate disabilities have entirely different functional effects, the composite assessment will be the arithmetical sum of their separate assessments. But where the functional effects of the disabilities overlap, the composite assessment will be reduced in proportion to the degree of overlapping.

    (f)    Nil disablement. -

    Where, although a definite disability is or has been in evidence, the Medical Board consider that any disablement resulting therefore has ceased or has become so small as not to admit of assessable compensation, the assessment will be expressed as "nil disablement".

    (g)    Where the disability due to service has no connection with pre-existing disability, as for example, a person who had lost a finger prior to enlistment, loses a great toe by service, compensation will be restricted to the loss of the great toe only.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE I       [see Rule 3(3) ]
Sl. No. Description of Injury Percentage of loss of earning capacity
  PART I  
  List of Injuries deemed to result in
Permanent Total Disablement
 
1. Loss of both hands or amputation at higher sites ... ... ...

100

2. Loss of a hand and a foot ... ... ...

100

3. Double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot
...

...

...

100

4. Loss of sight to such an extent as to render the claimant unable to perform any work for which eye-sight is essential
...

...

...

100

5. Very severe facial disfigurement ... ... ...

100

6. Absolute deafness ... ... ...

100

 


PART II

 
 

List of Injuries deemed to result in
Permanent Partial Disablement

 
  AMPUTATION CASES - UPPER LIMBS
(either arm)
 
1. Amputation through shoulder joint ... ... ...

90

2. Amputation below shoulder with stump less than 8" from tip of acromion
...

...

...


80

3. Amputation from 8" from tip of acromion to less than 4" below tip of olecranon
...

...

...


70

4. Loss of a hand or of the thumb and four fingers of one hand or amputation from 4" below tip of olecranon
...

...

...

60
5. Loss of thumb ... ... ... 30
6. Loss of thumb and its metacarpal bone ... ... ... 40
7. Loss of four fingers of one hand ... ... ... 50
8. Loss of three fingers of one hand ... ... ... 30
9. Loss of two fingers of one hand ... ... ... 20
10. Loss of terminal phalanx of thumb ... ... ... 20
  AMPUTATION CASES - LOWER LIMBS  
11. Amputation of both feet resulting in end-bearing stumps ... ... ... 90
12. Amputation through both feet proximal to the metatarse - phalangeal joint
...

...

...

80
13. Loss of all toes of both feet through the metatarso - phalangeal joint
...

...

...

40
14. Loss of all toes of both feet proximal to the proximal inter- phalangeal joint
...

...

...

30
15. Loss of all toes of both feet distal to the proximal inter- phalangeal joint
...

...

...

20
16. Amputation at hip ... ... ... 90
17. Amputation below hip with stump not exceeding 5" in length measured from tip of great trenchanter
...

...

...

80
18. Amputation below hip with stump exceeding 5" in length measured from tip of great trenchanter but not beyond middle thigh

...


...


...


70
19. Amputation below middle thigh of 3" below knee ... ... ... 60
20. Amputation below knee with stump exceeding 3" but not exceeding 5"
...

...

...

50
21. Amputation below knee with stump exceeding 5" ... ... ... 40
22. Amputation of one foot resulting in end-bearing ... ... ... 30
23. Amputation through one foot proximal to the metatarse - phalangeal joint
...

...

...

30
24. Loss of all toes of one foot through the metatarse - phalangeal joint
...

...

...

20
  OTHER INJURIES  
25. Loss of one eye, without complications, the other being normal
...

...

...

40
26. Loss of vision of one eye, without complications or disfigurement of eye ball, the other being normal
...

...

...

30
  LOSS OF -        
  A. FINGERS OF RIGHT OR LEFT HAND
Index Finger
 
27. Whole ... ... ... 14
28. Two phalanges ... ... ... 11
29. One phalanx ... ... ... 9
30. Guillotine amputation of tip without loss of bone ... ... ... 5
  Middle Finger  
31. Whole ... ... ... 12
32. Two phalanges ... ... ... 9
33. One phalanx ... ... ... 7
34. Guillotine amputation of tip without loss of bone ... ... ... 4
  Ring or Little Finger  
35. Whole ... ... ... 7
36. Two phalanges ... ... ... 6
37. One phalanx ... ... ... 5
38. Guillotine amputation of tip without loss of bone ... ... ... 2
  B. TOES OF RIGHT OR LEFT FOOT
Great Toe
 
39. Through metatarso-phalangeal joint ... ... ... 14
40. Part, with some loss of bone ... ... ... 3
  Any other Toe  
41. Through metatarso-phalangeal joint ... ... ... 3
42. Part, with some loss of bone ... ... ... 1
  TWO TOES OF ONE FOOT,
EXCLUDING GREAT TOE
 
43. Through metatarso-phalangeal joint ... ... ... 5
44. Part, with some loss of bone ... ... ... 2
  THREE TOES OF ONE FOOT,
EXCLUDING GREAT TOE
 
45. Through metatarso-phalangeal joint ... ... ... 6
46. Part, with some loss of bone ... ... ... 3
 

FOUR TOES OF ONE FOOT,
EXCLUDING GREAT TOE

 
47. Through metatarso-phalangeal joint ... ... ... 9
48. Part, with some loss of bone ... ... ... 3

    NOTE. - Complete and permanent loss of the use of any limb or member referred to in this Schedule shall be deemed to be the equivalent of the loss of that limb or member.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE 1-A    
 [ See Rule 3(4) ]

I. LIST AND CLASSIFICATION OF DISEASES WHICH CAN BE CONTRACTED BY SERVICE

A.

Diseases affected by climatic conditions
(i) Pulmonary Tuberculosis.
(ii) Pulmonary Oedema.
(iii) Pulmonary Tuberculosis with pleural effusion.
(iv) Tuberculosis - Non-pulmonary.
(v) Bronchitis.
(vi) Pleurisy, empyema, lung abscess and bronchiectasis.
(vii) Lobar pneumonia.
(viii) Nephritis (acute and chronic).
(ix) Otitis Media.
(x) Rheumatism - acute.
(xi) Rheumatism - chronic.
(xii) Arthritis.
(xiii) Myalgia.
(xiv) Lumbago.
(xv) Frost-bite leading to amputation of limb/limbs.
(xvi) Heat Stroke.

B.

Diseases affected by stress and strain
(i) Psychosis and Psychoneurosis.
(ii) Hyperpiesia.
(iii) Hypertension (BP).
(iv) Pulmonary Tuberculosis.
(v) Pulmonary Tuberculosis with pleural effusion.
(vi) Tuberculosis - Non-pulmonary.
(vii) Mitral Stenosis.
(viii) Pericarditis and adherent pericardium.
(ix) Endo-carditis.
(x) Sub-acute bacterialendo-carditis, including infective endocarditis.
(xi) Nyocarditis - acute or chronic.
(xii) Valvular disease.

C.

Diseases affected by dietary compulsions
(i) Infective hepatitis (Jaundice).
(ii) Diseases of stomach and deodenum.
(iii) Worm infestations particularly Guinea worm and round worm infections.
(iv) Gastritis.
(v) Food poisoning, specially due to tinned food.
(vi) Gastric ulcer.
(vii) Duodenal ulcer.
(viii) Nutritional Disorders.

D.

Diseases affected by training, marching, etc.
(i) Tetanus, erysipelas, septicaemia and pyaemia, etc., resulting from injuries.
(ii) Varicose veins.
(iii) Ankylosis and acquired deformities resulting from injuries.
(iv) Hernia.
(v) Post-traumatic epilepsy and other mental changes resulting from skull injury.
(vi) Internal derangement of knee joint.
(vii) Burns sustained through petrol fire, kerosene oil, etc., leading to scars and various deformities and disabilities.
(viii) Deformities of feet.

E.

Environmental Diseases
(i) Diseases contracted in the course of official duty of attending to a venereal or septicaemic patient or conducting a post-mortem examination.
(ii) Diseases contracted on account of handling poisonous chemicals and radiation equipment.

II.

DISEASES NOT NORMALLY AFFECTED BY SERVICE
(i) Malignant disease : Cancer and Carcinoma.
(ii) Sarcoma (except in cases of sarcoma of bone with a history of injury, due to service, on the site of development of the growth).
(iii) Epithelioma.
(iv) Rodent ulcer.
(v) Lymphosarcoma.
(vi) Lymphadenoma (Hodgkin's disease).
(vii) Leukaemia.
(viii) Pernicious anaemia (Addison's anaemia).
(ix) Ostoitis deformana (Paget's disease).
(x) Gout.
(xi) Acromegaly.
(xii) Corrhosis of the liver - if alcoholic.

EYES
(xiii) Errors of refraction.
(xiv) Hypermetropia.
(xv) Myopia.
(xvi) Astigmatism.
(xvii) Preshyopia Glaucoma - acute or chronic, unless there is a history of injury due to service or of disease of the eye due to service.

 

 

 

 

 

 

 

 

 

 

 

 

 

SHEDULE II

DISABILITY PENSION

 

 

 

 

 

 

 

 

 

 

SCHEDULE III

EXTRAORDINARY FAMILY PENSION

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE IV
See Rule 13(4) (ii)

FORM A

FORM OF APPLICATION FOR DISABILITY PENSION

1. Name of the applicant and full Office address ... ... ...
2. Father's name ... ... ...
3. Full Residential address (showing village, Post Office, District, State)
...

...

...
4. Present or last employment, including full particulars and address of the Establishment
...

...

...
5. Date of entry into service ... ... ...
6. Full particulars of service and length of service, including interruption (both qualifying and non-qualifying)
...

...

...
7. Percentage of Disability sustained due to Injury/Disease (as certified by the Medical authorities) and circumstances which resulted in that disability

...


...


...
8. Pay at the time of injury sustained, disease contracted (as certified by the Medical Authorities)
...

...

...
9. Pension claimed ... ... ...
10. Date of injury/disease (as certified by the Medical Authorities) ... ... ...
11. Place of Payment ... ... ...
12. Other relevant information, if any ... ... ...
13. *Date of applicant's birth by Christian era ... ... ...
14. Height ... ... ...
15. Identification Marks ... ... ...
16. Thumb and finger impression :

Thumb.................................Fore-finger......................................Middle-finger...................................
Ring-finger...........................Little-finger..................................

Place:
Date on which the applicant
applied for pension:

Date:


................................................................
Applicant
................................................................
Head of Office

* If not known exactly, please state on the best information or estimate and according to the best of your knowledge and belief.    

NOTE. - Thumb and finger impressions and particulars of height and personal marks are not required to be given by such ladies, Gazetted Officers, Government titile-holders and other persons as are specifically exempted, by the Government by special orders in that behalf.

 

 

 

 

 

 

 

 

 

 

 

FORM B
[ See Rule 13(4) (ii)

FORM OF APPLICATION FOR FAMILY PENSION

    Application for Extraordinary Pension for the family of the late Shri/Shrimati.................................................killed or died of Injury/Disease/Injuries/Diseases claimed as being attributable to Government service.

I. Information regarding the claimant
1. Full name and address, residence (showing village, Post Office, District, State)
...

...

...
2. Age and date of birth ... ... ...
3. Height ... ... ...
4. Identification Marks ... ... ...
5. Present occuptation and pecuniary circumstances ... ... ...
6. Degree and nature of relationship with the deceased ... ... ...

II.

Information regarding the deceased
7. Full name, Father's name, residence (indicating village, Post Office, District, State)
...

...

...
8. Particulars of post and service with full name and address of the Establishment
...

...

...
9. Full particulars of service, length of service, etc. ... ... ...
10. Pay at the time of death ... ... ...
11. Date of birth ... ... ...
12. Age at the time of death ... ... ...
13. Nature of Injury/Disease/Injuries/Diseases causing death
(as per the Certificate of the Medical Authorities) and the circumstances in which the same resulted
...

III.

Other Information
14. Amount of pension, etc., claimed ... ... ...
15. Place of payment ... ... ...
16. Date from which benefit(s) claimed ... ... ...
17. Other relevant information, if any ... ... ...

IV.

Name and ages of *surviving kindred of the deceased
Relation Name

Date of birth by Christian era

Sons :
Widows :
Daughters :
Father :
Mother :
(Place)
(Date)

.......................................................
Claimant

*  means - 

The term `child' includes a posthumous child of the Government servant and is covered by the term surviving kindred.

[G.I., M.F., U.O. No. 9614-E/V./66, dated the 2nd January, 1967]

   

NOTE 1. - Please strike out the word or words not applicable.

    NOTE 2. - If the deceased has left no son, widow, daughter, father or mother surviving him, the word "none" or "dead" should be entered opposite to such relative.

.....................................................
Head of Office

Place : Date : .........................................

Seal

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM C

(Form to be used by the Medical Board when reporting on
Injuries/Diseases/Death)

[ See Rule 13(4)(iii) ]

    Instruction to be observed by the Medical Board while preparing the Report

(1)    The Medical Board before recording their opinion should invariably consult the proceedings of the previous Medical Board, if any, as also all previous Medical/Hospital documents connected with the Government servant brought before them for examination, or who has died.

(2)    If the injuries/diseases be more than one, they should be numbered separately, giving percentage of disability for each, with full details.

(3)    In answering the questions in the prescribed Form, the Medical Board will confine itself exclusively to the medical aspect of the case, and will carefully discriminate between the Government servant's/claimant's unsupported statements and the documentary evidence available.

(4)    The Medical Board will not express any opinion, either to the Government servant examined (or any of his relatives or friends, etc.) or in their Reports, as to whether he or his family is entitled to compensation or as to the amount of it, nor will it inform the Government servant or any other person connected with the Government servant of anything about the nature of the Medical Report given by it.

(5)    The Medical Board shall give their Report herein below in the light of the provisions of O.M. No. 23 (15)-E. V (A)/73-Main & Pt. I., dated the 20th January, 1978 [Decision (1)], particularly Schedules I and I-A, IV and the Appendix thereto.

(6)    The Report of the Medical Board, on each occasion, shall be supported by all the necessary and full Medical and Hospital documents which shall be maintained and preserved for reference, from time to time, as may be necessary, until the same would no longer be required for reference.

Proceedings of the Medical Board

CONFIDENTIAL

   Proceedings of the Medical Board assembled by the order of.........................................for the purpose of examining and reporting on -

(i) The present state of the Injury/Disease/Injuries/Diseases sustained/contracted by, or
(ii) death of, Shri/Shrimati....................................on the....................................(please give date, month and year
(a) State briefly the circumstances under which the Injury/Disease/Injuries/Diseases was/were sustained/contracted or death occurred and the date thereof ;
(b) What is the Government servant's present condition?
(c) Is the Government servants's -
(i) present condition, or 
(ii) death
wholly due to Injury/Disease/Injuries/Diseases and reason as claimed?
If so, please explain fully how.
If not, please state to what other causes the same is/are attributable.
(d) From which date it appears that the Government servant has been/was incapacitated on that account :
(e) Which is the date of injury/disease/death :
The opinion of the Board upon the questions below is as follows :-

PART A. FIRST EXAMINATION

    1.    The percentage of disability due to Injury/Disease /Injuries/Diseases is ................................. % [Please give herein below full details/justification about the nature of the Injury/Disease/Injuries/Diseases and for percentage of disability certified, supported by full/all medical and hospital documents with reference to Schedules I and I-A to the CCS (EOP) Rules.]

    2.    For what period from the date of Injury/Disease/Injuries/Diseases

(a) has the Government servant been unfit for duty? From To
(b) is the Government servant likely to remain unfit for duty? ... ... From To

    3.    Other relevant information, if any.

Place :

............................................................
Presiding Officer of the Medical Board

Date :

............................................................
Member of the Medical Board

............................................................
Member of the Medical Board

PART B. SECOND OR SUBSEQUENT EXAMINATIONS

   1.    If the original degree of disability of the Government servant has changed, what is the percentage of disability now?

    (Please give here details of justification in support of your view along with all further Medical and Hospital documents in full.)

     2.    For what period from the date of Injury/Disease/Injuries/Diseases

(a) has the Government servant been unfit for duty?
(b) is the Government servant likely to remain unfit for duty? ... ...

Place :


............................................................
Presiding Medical Officer of the Medical Board


Date :


............................................................
Member of the Board


............................................................
Member of the Board

    NOTE. - Please score out the word/words not applicable.

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM D
[ Please also see Forms C & E ]

REPORT ON ACCIDENTAL AND SELF-INFLICTED INJURIES

1.    Declaration by the injured person.

   I, ................................................(Number, rank, name and unit) hereby declare that the injury sustained by me on ........................................ did*/did not* occur while I was in the performance of Government duty.

..............................................................................
(Medical Officer before whom the
declaration is made)

............................................................................
(Injured person)


Station..................................

Date...................................

Station...................................

Date.............................

2.    Nature, location and severity of injury

   NOTE. - Hospital to be notified at once if wound is believed to be self-inflicted.

.........................................................................
(Medical Officer)

3.    Short statement of the circumstances of the case

   (Signed statements of witnesses giving a detailed account of the circumstances of the accident must be attached to this Form. Place or sketch of place of accident and how it occurred in cases of lorry, motor car or cycle accidents.)

4.    Opinion of the Commandant/Head of Office

(a) (i) Was the individual in the course of performance of an official talks or a talks the failure to do which would constitute and offence triable under the disciplinary code applicable to him? (Indicate the nature of the task, by whom it was ordered and when)


...



...

or

(ii) Did the accident occur during the journey or transport by a reasonable route under to organized arrangements from the individual's quarter to or back from an appointed place of duty? Cite and attach copies of standing instructions or other orders in support, if the journey or transport was officially organized, also a sketch showing the reasonable route from the individual's quarter to the place of duty





...






...

or

(iii) Was the individual participating in recreation organized or permitted by service authorities? Indicate the nature of the recreation, e.g., PT Exercises including games. In case of game and sports out of parade hours, cite and attach copy or official orders to indicate that it was organized or permitted by competent authority




...





...

or

(iv) Was the individual travelling either in a body or singly under organized arrangements? (Cite and attach copy of official orders to indicate that the arrangements were organized by competent authority)


...



...

or

(v) Was the individual proceeding to his leave station or returning to duty from his leave station? In either case, was the journey at public expense or was performed on concession voucher or at individual's own expense?
[Give -
(1) the date of commencement and termination of the period of leave ;
...

...
(2) the name of the leave station ; and ... ...
(3) particulars of the direct route from the place of duty to or from the leave station.]
(b) Was the accident due wholly/partially to :
(i) serious negligence           ... ... ...

and/or

(ii) misconduct of the individual? (Indicate the nature of the serious negligence or misconduct and the grounds on which the opinion is based)

...
(c) Was any one else to blame for the accident? (If so, indicated how and to what extent)       
...
(d) Was the individual under the influence of intoxicating drink or drug at the material time?
...
(e) Has any Court of Enquiry been held or will be held? [If so, indicate the date and the place of the enquiry, and attach the Enquiry Report (in original]1

...

Station...........................................

Date..............................................


....................................................................
Officer Commanding/
2Head of Office

5.    The injury/disability/death occurred in peace/field/operational area and is/is not attributable to Government service.



Date.......................Station...........................

...........................................................
Head of State/Frontier DG/
Head of Office/
Head of Department


Footnote : 1. In all cases of death, Court of Enquiry must be held ; so also in respect of disability exceeding 20%.
                2. To be completed and signed by OC unit if injury is not severe and no Court of Enquiry is held.

FOR USE ON FIELD SERVICE ONLY (Items 6-8)
(To be completed in all field service cases where injuries are,
or are suspected to be self-inflicted)

6. (a) Opinion of the Unit Commander ...
(b) Disciplinary action taken, or proposed, whether against injured individual or another                                                                        ...
...


...................................................................
Commandant of Unit

To

    Dy. I.G.,
    State

7.    Forwarded with reference to my casualty signal No..........................................., dated......................................

Dated................................................

...................................................................
Commanding DIG
State

To

I.G.,
Frontier,
DECISION OF I.G.,_________________

8.    The casualty should be reported as...................................................................................................................................
..............................................................................................................................................................................................

Dated................................................

...................................................................
General Officer
Commanding IG, Frontier

To

D.G.,______________________

NOTE. - If the IG decides that the casualty is to be reported as self-inflicted, he should indicate how far he concurs with the opinions expressed above.

 

 

 

 

 

 

 

 

 

 

 

FORM E

FORM FOR REPORT ON CASES (OTHER THAN THOSE DUE TO INJURIES)
WHICH HAVE ENDED FATALLY OR ARE PROPOSED FOR INVALIDING

[ See also Forms C & D ]

PART A
(To be filled by the M.O.)

Station................................................
Date...................................................

Name......................................Service No..........................................Designation ...............................................Unit  

 ..............................Service..........................................Force...........................................Other full service particulars and office address,  etc..................................................................................... .Disability..................................................Outcome of the case, i.e., died or to be invalided..........  ............................................................................................................


..............................................................
Medical Officer

PART B
(To be answered by the Officer Commanding Unit)

Circumstances of the case
1. Was the individual in your opinion of average physique and stamina when he joined the unit?
...

...
2. (a) Was the individual, as far as you are aware, in his normal health prior to the onset of the illness?
...

...
(b) If you are aware of any previous illness from which he suffered (which is not recorded in his medical history), state its nature and duration

...


...
3. Was the individual employed on sedentary duties/sheltered occupation? If so -
(a) had he to do PT and/or Parades? ... ...
(b) was he doing it regularly prior to falling ill or had been exempted therefrom on account of ill-health? If so, from which date?

...


...
4. (a) (i) Mention any circumstances of exposure giving details thereof, and/or
...

...
(ii) State periods and conditions of service, at any particular place, which you consider caused or aggravated the illness

...


...
(b) (i) Give the nature of duties he had to perform in Government service
...

...
(ii) Was he subject to stress and strain by such duties? If so, was it of an exceptional nature? Give details
...

...
(c) Diseases endemic to certain areas or disease due to infection :
(i) If disability or death was due to infection, is there any evidence that the exposure was due to negligence or misconduct on his part?

...


...
(ii) Did he live in unit lines or was he permitted to live outside with his family?
...

...
(iii) How many out-passes was he granted during the previous month and what was the date of the last out-pass?

...


...
(iv) Was the disease endemic to the area he was serving in and during this period or immediately preceding it were there other cases of the same disease in the unit? If so, give the number of such cases, details of movements of infected persons and state any other circumstances which might have been responsible for the disease





...






...
(v) Give the date of last leave and places where the leave was spent. Did illness start during leave? If shortly after return from leave, state date on which the illness commenced


...



...
(d) Venereal Diseases (Further information on the points mentioned below) -
(i) When was it contracted ... ...
(ii) Period of treatment ... ...
(iii) Whether after treatment the man returned to full duty?
...

...
(iv) Whether after return to duty post hospital surveillance and treatment was continued according to existing regulations

...


...
(v) After return to duty, was the man subject to any stress of an exceptional nature? If so, mention the nature of exceptional stress

...


...
5. Do you consider that the death or disability was attributable to or aggravated by service?
...

...

Date...........................................


.................................................................
Officer Commanding/
Head of the Office/
Head of the Department

PART C
(To be completed by Medical Officer concerned in all death cases)

(i) How many cases of this disease were treated during six months prior to admission of this individual?
...

...

...
(ii) How many cases of this disease were received from this unit? Give details of such patients in chronological order
...

...

...
(iii) Was the infection endemic or was there any outbreak of it in the local garrison ?
...

...

...
(iv) Was there an outbreak of the disease in the neighboring city or village?
...

...

...
(v) What is your view of the source of infection? In all cases state whether you consider the death was attributable to or aggravated by service and give the reasons on which you base your opinion


...



...



...


........................................................
Commanding Officer, Hospital

1.    Chief Medical Officer, Presiding Officer of the Medical Board.

2.    Medical Officer, Member of the Medical Board.

3.    Medical Officer, Member of the Medical Board.