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.
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[(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.]
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[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]