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252. In respect of the retired service personnel:
(a) such service personnel is ordinarily entitled to enjoy in accordance with rule 246 when he retires from the service personnel. If the term of service of retired service personnel is found to be unsatisfactory with sufficient evidence, the pension sanctioning authority may reduce the pension entitled to that service personnel to appropriate amount before granting pension to him;
(b) the already granted pension entitled to the service personnel shall not be reduced on account of the reason that his term of service is unsatisfactory;
(c) a retired service personnel shall not be taken action against or punished according to the prescribed rules for service personnel. However, if the retired service personnel commits one of the offences prescribed in sub-rule (u) and sub-rule (v) of rule 163, the pension may be reduced or withheld or withdrawn in full or in part;
(d) the already granted pension to a retired service personnel shall not be withheld or reduced on account of the offence committed before retirement;
(e) for the debts of the retired service personnel, pension shall not be confiscated or attached the warrant under a decree issued by a court;
(f) in granting invalid pension, any service personnel shall not be employed beyond the date when the authorized medical board signs on the medical certificate except an exceptional case. However, the pension sanctioning authority may allow his employment beyond that date as an exceptional case if the authority wishes to do so and the earned leave may also be granted. The total period of such employment and earned leave shall not exceed six months. Invalid pension shall be granted only at the end of that period;
(g) in abolishing a permanent post and the service personnel is not reappointed to another post, that service personnel shall be informed three months prior to the discharge from the post;
(h) the pension benefit for a service personnel shall be carried out in accordance with the existing rules, orders and directives at the time of his retirement;
(i) if it is found that a service personnel is overpaid the amount of pension more than entitled to him under the law, the pensioner shall reimburse;
(j) if a pension payable remains undrawn for more than one year, the pension shall not be disbursed;
(k) if the pensioner requests the pension payment afterwards, his payment shall be disbursed from the date of cessation. The Department of Pension shall enquire as necessary and issue a particular order to the bank or the sub-treasury to disburse the money;
(l) if the pensioner dies, arrears of pension may be disbursed to his legal heirs. The Department of Pension shall enquire as necessary and issue a particular order to the bank or the sub-treasury to disburse the money;
(m) in aggregating the gaps of service, if a part of previous pension is commuted to lump sum pension, the amount of money calculated with the present value of commuted portion shall be paid back;
(n) in calculating the present value of commuted portion of pension to lump-sum pension, it shall be calculated on the prescribed period contained in pension commutation Table (6),based on the age of the service personnel attained on the date of retirement from the reemployed post;
(o) if the pensioner is sentenced to imprisonment, the pension shall be suspended. After being freed from the sentence, his pension shall be regranted. But the pension for the period during imprisonment shall not be regranted.

Chapter (XXII)

Extraordinary Pension

253. The provisions contained in this Chapter apply to all the service personnel remunerated out of Budget, the State Budget whether they are on time scale pay or fixed pay or piecework rates other than those to whom the Labour Compensation Law applies.

254. (a) Injury means inflicting an injury on the service personnel by somebody in any of the following situations mentioned under:

  • (i) infliction of injury by assaulting or resisting in order to be unable to perform the duty;
  • (ii) infliction of injury because of anything done or attempted to be done by a service personnel in the discharge of duties;
  • (iii) infliction of injury because of official position.

(b) Accident means getting injured of a service personnel because of any of the situations mentioned under other than those mentioned in sub-rule (a):

  • (i) a sudden and unavoidable injury;
  • (ii) an injury due to an act of devotion to and the discharge of duty in the cases which arise in emergency.

(c) Disease means any disease which is contracted by a service personnel as a result of an accident in the workplace or an adverse environmental condition.

(d) Special occupational hazard means the followings:

  • (i) a hazard which may cause an injury due to sub-rule (a);
  • (ii) a hazard which may cause an accidental injury while performing any particular duty which has the effect of increasing his liability to injury beyond the ordinary risk of the post he holds or as a consequence of performing such duty;
  • (iii) a hazard which may cause a disease to a medical service personnel because of his duty either to treat a patient suffering from an infectious disease or septicaemia or other disease or to conduct a post-mortem examination.

(e) Occupational hazard means a hazard causing an injury or a disease while performing duty or as a consequence of performing such duty other than special occupational hazards. If the hazard, however, is ordinarily the common one anybody may experience and the unavoidable condition arising from the work nature or conditions relating to performing duties do not significantly increase the liability of that hazard, such hazard shall not be presumed as an occupational hazard.

(f) Date of injury means as follows:

  • (i) in the case of accident or injury mentioned in sub-rule (a), the actual date on which the injury was suffered;
  • (ii) in the case of disease, the date on which the medical board reports.

(g) The expression extraordinary pension includes permanent injury pension, temporary extraordinary pension and extraordinary family pension for the purpose contained in these rules.

255. The award of extraordinary pension shall be granted by the head of a Ministry or an organization or a competent authority. In granting the award of extraordinary pension, the degree of default or contributory negligence on the part of a service personnel may be taken into consideration.

256. The competent authority shall coordinate with the Union Civil Service Board in the following conditions:
(a) exceptional cases in which an extraordinary pension is necessary to be granted whereas the provisions prescribed in these rules are not fulfilled;
(b) conditions in which an extraordinary pension at the rates higher than those prescribed in these rules or by changing the eligible type of award is necessary to be granted.

257. The extraordinary pension shall not affect any other pension or gratuity for which the relevant service personnel or his family is entitled to enjoy.The extraordinary pension granted shall not be taken into account in fixing the pay of the pensioner on his continued employment or re-employment as a service personnel.

258. No extraordinary pension shall be allowed in the cases mentioned under:
(a) an injury sustained more than five years before the date of application;
(b) death which occurred more than seven years after the injury due to violence or accident was sustained;
(c) death which occurred more than seven years after the service personnel was reported by medical board as unfit for duty on account of the disease of which he died.

259. An injury is graded as follows:
(a) Injury Grade (1) – permanent loss of an eye or any part of the body on account of special occupational hazard or injuries even more serious than such loss;
(b) Injury Grade (2) – an injury on account of occupational hazard leading to a more serious injury;
(c) Injury Grade (3) – an injury on account of occupational hazard resulting in a serious disability which the person may permanently suffer from.

260. Extraordinary pension shall be granted to the service personnel who suffers from the injury graded in Injury Grade (1) as mentioned under:
(a) pension and gratuity which are entitled to enjoy under the stipulations contained in Table (7);
(b) the extraordinary pension which is entitled to enjoy from the following date of the completion of one year after the date of injury:
(i) shall be at the high rate of extraordinary pension which is entitled to enjoy according to the stipulations in the case of permanent loss of more than one eye or one part of the body as a result of the injury;
(ii) shall not be less than at half of the high rate of special pension which is entitled to enjoy according to the stipulations in other cases.

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