APPENDIX XIII
(Referred to in Chapter VI of Part III, K.S.R.)
Extraordinary Pension Rules
1. These Rules shall apply to all civilian employees of Government other than those to whom the Workmen’s Compensation Act, 1923 (Central Act VIII of 1923), applies whether their appointment is on time scale of pay or fixed pay or piece work rates.
2. 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 Government 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 Government with due regard to the opinion of the Medical Board
(3) “Disease” means -
(i) Venereal disease or septicaemia where such disease or septicaemia is contracted by a Medical Officer as a result of attendance in the course of his official duty on an infected patient or of conducting a post-mortem examination in the course of that duty, or
(ii) Disease solely and directly attributable to an accident or (iii) An epidemic disease contracted by an Officer in consequences of his being ordered on duty to an area in which such disease is prevalent, or in consequence of his attending voluntarily out of humanitarian motives, upon any patient suffering from any such disease in any area where he happens to be in the performance of his duties:
(4) “Injury” means bodily injury resulting from violence, accident or disease assessed by a Medical Board as being not less than severe and likely to be permanent.
Note:- Examples of injuries of certain categories are given in Schedule 1.
(5) “Pay” means pay as defined in Rule 12(23) of Part I K.S.R., and / or pay of the appointment under rule 9 or 31 of the Kerala State and Subordinate Service Rules which a person was drawing on the date of his death or injury; provided that in the case of 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) “Risk of Office” means any risk not being a special risk of accident or disease to which a government employee is exposed in the course of and as a consequence of the duties, but nothing shall be deemed to be a risk of office which is a risk common to human existence in modern conditions in the State unless such risk is definitely enhanced in kind or degree by the nature, conditions, obligations or incidents of government service.
(7) “Special risk” means -
(i) a risk of suffering injury by violence;
(ii) a risk of injury by accident to which government employee is exposed in the course of and as a consequence of the performance of any particular duty which has the effect of materially increasing his liability to such injury beyond the normal risks of his office;
(iii) a risk of contracting disease to which a Medical Officer is exposed as a result of attending in the course of his official duty to a venereal or septicaemic patient or conducting a post-mortem examination in pursuance of the duty.
(8) “Violence” means the act of a person who inflicts an injury on a government
employee.
(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 employee or by any other public employee in the lawful discharge of his duty as much, or (iii) because of his official position.
3. No award shall be made under these rules except with the sanction of Government in the *Administrative Departments concerned. In making an award the Government may take into consideration the degree of default or contributory negligence on the part of the employee who sustains an injury or dies as a result of an injury or is killed.
4. Except as otherwise provided in these rules an award made under these rules shall not affect any other pension or gratuity for which the employee 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 the pensioner on his continued employment or re-employment in government service. 5. 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 employee was medically reported as unfit for duty on account of the disease of which he died.
6. 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 later case the amount of the award shall be paid in sterling at the current rate of exchange.
7. For the purpose of these rules, injuries shall be classified as follows:-
Class A - Injuries caused as a result of special risk of office which have resulted in the permanent loss of an eye or a limb or are of a more serious nature.
Class B - Injuries caused as a result of special risk of office and equivalent in respect of the degree of disablement which they cause to the loss of a limb or are very severe, or injuries caused as a result of risk of office which have resulted in the permanent loss of an eye or a limb or of a more serious nature.
Class C - Injuries caused as a result of special risk of office which are severe, but not very severe, and likely to be permanent, or injuries caused as a result of risk of office which are equivalent in respect of the degree of disablement which they cause to the loss of a limb or which are very severe and likely to be permanent.
8. (1) If government employee sustains an injury which falls within class A of Rule7 he shall be awarded –
(a) a gratuity of the applicable amount specified in Schedule II, and (b) with effect from the date following the expiry of one year from the date of injury,
(i) if the injury has resulted in the permanent loss of both eyes or more
than one limb a permanent pension of the applicable amount
specified in Schedule II for a higher scale pension; and
(ii) in other cases a permanent pension, the amount of which shall not
exceed the applicable amount specified in Schedule II for a higher
scale pension and shall not be less than half that amount.
*The rate of minimum extraordinary pension will be as specified in
Schedule II for those who are not in receipt of any other monthly
pension.
(2) If a government employee sustains an injury which falls within Class B of Rule 7, he shall be awarded;
(i) if the injury has resulted in the permanent loss of an eye or a limb or is of more serious nature, a permanent pension with effect from the date of the injury, of an amount which shall not exceed the applicable amount specified in Schedule II for a lower scale pension and shall not be less than half that amount.
*The rate of minimum extraordinary pension will be as specified in Schedule II for those who are not in receipt of any other monthly pension.
(ii) in other cases –
a) for a period of one year with effect from the date of the injury a temporary pension the amount of which shall not exceed the applicable amount specified in Schedule II for a lower scale pension and shall not be less than half that amount, and thereafter;
*The rate of minimum extraordinary pension will be as specified in Schedule II for those who are not in receipt of any other monthly pension.
b) a pension within the limit specified in sub clause (a), if the Medical Board from year to year certifies that the injury continues to be very severe.
(3) If a Government employee sustains an injury which falls within Class C of Rule 7 above he shall be awarded a gratuity of the applicable amount specified in Schedule II, if the Medical Board/Medical Officer certifies that the employee is likely to be unfit for service for a year or proportionate amount subject to a minimum of ¼ of the amount so specified if he is certified to be likely to be unfit for less than a year: Provided that in cases where the injury is equivalent in respect of the degree of disablement which it causes to the loss of a limb, Government may award, if deemed fit, in lieu of the gratuity, a pension not exceeding the amount admissible under clause (ii) of sub-rule (2) of this rule.
(4) A temporary pension awarded under this rule may be converted into a permanent injury pension :
(i) when the employee is invalid out of the service on account of the injury in respect of which the temporary pension was awarded, or
(ii) when the temporary pension has been drawn for not less than five years, or (iii) at any time, if the Medical Board / Medical Officer certifies that it/he see no reason to believe that there will ever be a perceptible decrease in the degree of disablement.
9. Awards shall be made to the widow and children of a Government employee as follows:-
(i) if an employee is killed or dies of injury received as a result of special risk of office.
(a) a gratuity of the applicable amount specified in Schedule III, and
(b) a pension the amount of which shall not exceed the applicable amount specified in Schedule III.
(ii) if an employee is killed or dies of injuries received as a result of risk of office a pension the amount of which shall not exceed the applicable amount specified in Schedule III.
Provided that, if the pay of the deceased employee was less than `150, the monthly pension or the sum of pensions that may be granted under this rule, shall not, irrespective of the rates (including the minimum limits) specified in Schedule III, exceed the limit of one-half of his pay; and if in any case, the sum of such pensions calculated under schedule III exceeds the limit of one-half of his pay; such a pro rata reduction shall be made in the amount of each individual pension as will reduce the sum to such limit.
(The term ‘Children’ includes posthumous children Vide G.O.(P)625/
69/Fin., dated 17th November 1969)
Exception : Notwithstanding anything contained in the above rule the minimum rate of extraordinary pension payable to the widow of policeman killed while on duty or where his death is due directly to the performance on his duties shall be ` 75** per mensem.
Note 1 :– All cases of injury / death suffered by Police Constables, Head Constables and other Police personnel of equal rank in the Police Department in the course of and as a consequence of performance of their duties will be regarded as case of injury / death due to special risk of office and in all such cases gratuity under the Kerala Service Rules will be payable at the enhanced rate of 8 months pay.
@This amendment shall be deemed to have come into force with effect
from the 1st July 1973.
(The term Policemen includes Constable, Head Constable and personnel
of equal rank in the Police Department.)
Note 2 - If a Government employee dies leaving behind two or more widows, the pension or gratuity admissible under this rule to the widow shall be divided equally among all the widows:
Provided, however, that except the first wife of the deceased Government employee no other widow shall be entitled to any share of pension/gratuity if her marriage with the deceased Government employee had been later than the date of coming into force of the prohibition against bigamous marriages contained in the “Kerala Government Servants’ Conduct Rules,
1960", unless it be that such marriage was contracted with the previous permission of the Government
*Provided also that the minimum extraordinary family pension shall also be shared equally among the widows.
[This takes effect from 1st October 1971]
10. † The State Police personnel, lent to the Government of India for duties on the border or in operations against Mizos and Nagas, shall for purposes of special family pensionary awards and disability pension be Government either by the State rules or by the rules of the Government of India reproduced in the Annexure whichever be more advantageous to such personnel, when they are killed or invalided out of service on account of injuries sustained as
a result of fighting in war, like operations or border skirmishes with Pakistan on the cease fire line of any other country and which fighting against armed hostile like Mizos and Nagas.
11 (1) If the deceased employee 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 large dependent on the employee for support and are in pecuniary need:
Provided that the total amount of the award shall not exceed one half of the pension that would have been admissible to the widow under Rule 9:
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”.
*Provided also that the minimum extraordinary family pension of ` 75# shall be granted to parents whose pension falls short of ` 75.
(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 Government may by order prescribe.
(3) Notwithstanding anything contained in sub-paras 1 and 2 a gratuity equal to one half of that admissible to the widow under schedule III may, in the absence of widow and children be paid to the father and mother of the deceased individually or jointly without reference to dependency on the deceased Government employee or pecuniary need. (The term ‘child’ includes posthumous child – vide G.O.(P) 625/69/Fin., dated
17th November 1969)
12 (1) A family pension will take effect from the day following the death of the employee or from such other date as Government may decide.
(2) A family pension will ordinarily be tenable –
(i) in the case of a widow or mother until death or remarriage which ever occurs earlier;(ii) in the case of minor son, or minor brother until he attains the age of 18;(iii) in the case of an unmarried daughter or minor sister, until marriage or until she attains the age of 21, whichever occurs earlier ;(iv) in the case of father, for life.
Who among the following is not eligible to receive Family Pension?
A:-Unmarried daughter above 25 years
B:-Parents
C:-Physically challenged son above 25 years
D:-None
Correct Answer:- D:-None
13 (1) In respect of matters of procedure, all awards under these rules are subject to the procedural rules relating to ordinary pensions for the time being in force to the extent that such procedural rules are applicable and are not inconsistent with these rules.
(2) When a claim for injury pension or gratuity or family pension arises the head of the officer or of the department in which the injured, or the deceased employee was employed will forward the claim to Government through the usual channel with the following documents:
(i) A full statement of the circumstances in which the injury was received, the disease was contracted or the death occurred.(ii) The application for injury pension or gratuity 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 employee injured 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 deceased employee a medical report as to the death or reliable evidence as to the actual occurrence of death, if the employee lost his life in such circumstances that a medical report cannot be secured.(iv) A report of the Audit Officer as to whether an award is admissible under the rules and, if so, of what amount.
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