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Provisional pension where departmental or judicial proceeding may be pending

52. Provisional pension where departmental or judicial proceeding may be pending :- (1) (a) In respect of a Government servant referred to in sub-rule (4) of Rule 9, the Audit Officer/Head of Office shall pay the provisional pension notexceeding the maximum pension which would have been admissible on the basis of qualifying service up to the date of retirement of the Government servant, or if he was under suspension on the date of retirement, up to the date immediately preceding the date on which he was placed under suspension. (b) The provisional pension shall be paid by the Audit Officer/Head of Office during the period commencing from the date of retirement to the date on which, upon the conclusion of the departmental or judicial proceedings, final orders are passed by the competent authority. 1 [(c) No gratuity shall be paid to the Government servant until the conclusion of the departmental or judicial proceedings and issue of final orders : Provided that where departmental proceedings have been instituted under Rule 9 of Andhra Pradesh Civil Services (Control Classification and Appeal) Rules, 1991, for imposing any of the penalties specified in clauses (i), (ii) and (iv) of Rule 9 of the said rules, except the cases falling under subrule (2) of Rule 22 of the said rules, the payment of gratuity shall be authorised to be paid to the Government servant.] 2 [Provided further that not withstanding anything contained in clauses (a), (b) and (c) of sub-rule (1) above, where a conclusion has been reached that a portion of pension only should be with held or with drawn and the retirement gratuity remains uneffected in the contemplated final orders, the retirement gratuity can be released upto 80%] (2) Payment of provisional pension made under sub-rule (1) shall be adjusted against final retirement benefits sanctioned to such Government servant upon conclusion of such proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld either permanently or for a specified period. *(3) Nothing contained in this rule shall prejudice the operation of Rule 6 when final pension is sanctioned upon the conclusion of the departmental or judicial proceedings. Executive Instructions (i) Settlement of Pensionary benefits in the case of employees retired while under suspension:- A Government servant who attains the age of superannuation while under suspension should be allowed to retire on the due date of superannuation. But pensionary benefits can not be settled until the conclusion of the enquiry or disposal of charges. [G.O. Ms. No.64, Finance and Planning (FW-Pen.I) Dept., dated 1-3- 1979 and UO Note No.235/Ser.C/83-1, dated 26-2-1983 of General Administration Department, communicated with Endt. No.7431/215/Adm.II/ 83, dated 7-3-1983 of Finance and Planning (FW-Admn.II) Department.] (ii) Procedure for the sanction of Provisional Pension:- (a) In case where charges are pending, the department shall send pension papers to the Accountant General with such mention and with a request for only indicating the quantum of pension that would be admissible, with the same not to be released till further orders. The Accountant General may, then, verify the pensionary benefits admissible and indicate the pension, whereupon, the Head of the Department may intimate the quantum of provisional pension it recommends for payment so that Government may consider sanction of Provisional Pension. On its sanction, the Accountant General shall arrange for issue of Provisional Pension Payment Orders. [G.M. No.021383/961/PSC.I/83-1, dated 8-6-1983 of Finance and Planning (FW-PSC.I) Department.) (b) Pension sanctioning authorities are competent to sanction provisional pension to the non-gazetted officers. It shall be sanctioned by the Government in the case of Gazetted Officers. Only provisional pension is payable in cases where departmental/judicial proceedings are pending. No gratuity is payable until the conclusion of such proceedings. While forwarding the pension papers in such cases, it should be mentioned in the forwarding letter that departmental/judicial proceedings are pending and that only provisional pension has to be released. Sanction order of the competent authority for provisional pension should also be sent alongwith the proposals for the release of provisional pension. If the above instructions are not followed and if the fact of pendency of departmental/judicial proceedings is not mentioned in the sanction order and in the forwarding letter, the Accountant General will be at liberty to release full pensionary benefits presuming the sanction. In case of pendency of any disciplinary proceedings against any official, the departments should inform the Accountant General prior to the date of retirement of the official that pensionary benefits should not be released. [Circular Memo No.12437-A/112/PSC/A/88, dated 23-7-1988 of Finance & Planning (FW-PSC) Department] (iii) Minimum Provisional Pension:- The Provisional Pension to be sanctioned under Rule 52(1)(a) of the Andhra Pradesh Revised Pension Rules, 1980, shall not be less than 75% of the normal pension entitlement. [Circular Memo No.979-B/5/A2/Pen.I/94, dated 2-2-1994 of Finance & Planning (FW-Pen.) department] (iv) Procedure to be followed in cases where pension has to be either stopped or cut, after forwarding the pension papers:- The pension Sanctioning Authorities have to follow the following instructions in cases where pension has to be either stopped or cut, after forwarding the pension papers. (i) All important orders issued by the Departments of Secretariat regarding stoppage of pension or cut in pension may be sent to the Accountant General (A&E) as well as to the Deputy Accountant General (Pensions) by name and delivered in their peshis through a special messenger. (ii) In respect of such orders issued from the Districts, the same may be sent in the name of Accountant General (A&E), Deputy Accountant General (Pensions) either by registered post or through Special Messenger. (iii) Copies of orders of stoppage/cut in pension may also be sent to the concerned Treasury Officer/Pension Payment Officer, for withholding the payment of pensionary benefits pending receipt of formal instructions from Accountant General, Andhra Pradesh. (iv) All the Correspondence relating to pension may be marked to Accountant General (A&E). [Circular Memo No.33764-A/55/PSC/93, dated 15-10-1993 of Finance and Planning (FW-PSC) Department]