PENSION CH 03

 CHAPTER III 

Section I  
Rules for Reckoning service- Special addition 

25.(a) Persons recruited from the Bar after the age of 25 years to appointments in Government service may add to their service qualifying for superannuation pension (but not for any other kind of pension) the actual period not exceeding 10 years by which their age at the time of recruitment exceeded 25 years provided that no employee can claim the benefit of this rule unless his actual qualifying service at the time he becomes eligible for superannuation pension is not less than eight years. This concession is also subject to the condition that the period that may be so added shall not at any time exceed the actual period of the employee’s practice at the Bar.

001. A person practicing at the Bar for 12 years is recruited in Government service at the age of 38 years in a post requiring law qualification and experience at the Bar. The Bar service that may be considered for superannuation pension is :

(A) 12 years
(B) 6 years
(C) 8 years
(D) 10 years
Correct Answer:- Option: (D) 10 years

002. Weightage for bar service is not admissible if service under govt. is less than :
(A) 10 years
(B) 8 years
(C) 7 years
(D) 5 years
Correct Answer:- Option: (B) 8 years

003. What is the weight age admissible in calculating QS with respect to his Bar service of 15 yrs of an officer with following service particulars: (Date of birth - 03/08/1950, Date of Entry in service-02/08/1998, Date of superannuation - 31/08/2005)
(a) 22
(b) 17
(c) 12
(d) No weightage is admissible
Correct Answer:-(d) No weightage is admissible

004. A person was recruited to Government service from Bar after the age of 25 years to a post requiring law qualification and experience in bar. The period of service in bar up to 10 years by which the age at the time of recruitment exceed 25 years will count for superannuation pension if his actual qualifying service at the time he becomes eligible for superannuation pension is not less than :
(a) 8 years
(b) 9 years
(c) 5 years
(d) 20 years
Correct Answer:- Option: (a) 8 years

005. A person practicing in Bar was recruited to a post requiring law qualification and experience in Bar. The period of practice at Bar will be counted for superannuation pension only if the QS at the time he becomes eligible for superannuation pension is not less than :
(A)1 year
(B)5 years
(C)7 years
(D)8 years
Correct Answer:- Option: (D)8 years

006. For calculating qualifying service weightage for bar service is not admissible if service under Government is less than ................ Years.
(A) 8
(B)10
(C) 3
(D) 7
Correct Answer:- Option: (A) 8

007. For adding QS for pension, Bar service concession admissible only:
(a) In the case of retirement on superannuation
(b) Only to persons appointed to post requiring law qualifying and experience at the Bar (c) Not less than 8 years QS
(d) All the above
Correct Answer:- Option: (d) All the above

008. Maximum weightage of QS in the case of Bar service:
(A)15 years
(B)10 years
(C)Actual Period
(D)12 years
Correct Answer:- Option: (B)10 years

009. A practicing advocate in the High Court was appointed as Legal Assistant in Law Dept. for which degree in law is an essential qualification. He has got 15 years of service on the date of retirement. He also got 15 years practice at the bar. What is his qualifying service for pension?
(A)15 years
(B)30 years
(C) 25 years
(D) 20 years
Correct Answer:- Option: (A)15 years

Provided that the benefit under this sub-rule shall be available only to employees who are recruited when practicing at the Bar to posts requiring law qualification and experience at the Bar.
 No application will be entertained for pension or extra pension on the ground that the appointee did not get an opportunity for service for the qualifying period. 

Ruling
For the purpose of this rule, the period of actual practice at the Bar need not be continuous. Actual period of practice even if it is in different spells will be reckoned for pension subject to the other conditions in the rule. 

Government Decision No.1 
A certificate issued by the Presiding Officer of the Court where the Officer practiced before entering Government service may be accepted as sufficient proof of Bar service. 

Government Decision No. 2 
Deleted 

(b) Honorary Medical Officers recruited to the paid cadre after the age of 25 years may add to their service qualifying for superannuation pension but not for any other kind of pension 50 per cent of the period of honorary service

Note:–The concession contemplated in (b) above shall apply to the Physician of the Ayurveda Department and the Veterinary Surgeons of the Department of Animal Husbandry. 

(c)The service rendered under the Central Government by the employees of the Employment Exchange and Training Centers taken over to State, will be reckoned for purposes of pension on their absorption in State service. The allocation of the pensionary liability between the Central and State Government will be as follows:¬

(i)for the period of service rendered by an employee for which pay was borne wholly either by the State or the Central Government, the liability for pension for the said period shall be of the Government concerned;

(ii)for the period of service rendered by an employee for which pay was borne by the Central and State Government in the proportion of 60:40, the liability for pension for such period will be shared by the Governments concerned in the same proportion. 

(d)Persons recruited as a Director of Ports or Port Officers may add to their service qualifying for superannuation pension (but not for any other kind of pension) the actual period of their service in the Merchant Navy or organizations like the Major Port Trusts of India not exceeding five years by which their age at the time of recruitment exceeded 25 years, provided that no employee can claim the benefit of this rule unless his actual qualifying service at the time he becomes eligible for superannuation pension is not less than eight years. This concession is also subject to the condition that the period that may be so added shall not exceed the actual period of the employee’s service in the Merchant Navy or organizations like the Major Port Trust of India. 

No application shall be entertained for pension or extra pension on the ground that the appointee did not get an opportunity for service for the qualifying period. 

A certificate issued by the Director of Ports in the case of Port Officers and that issued under the countersignature of the Secretary to Government in the Administrative Department in the case of Director of Ports after verification of the certificates and other documents may be accepted as sufficient proof of such service.

 🆀For which kind of Pension Bar Service can be added as service (subject to condition qualifying service? 

(A) Retiring Pension

(B)Invalid Pension 

(C) Superannuation Pension

(D)Compensation Pension

Correct Answer:- Option: (C) Superannuation Pension

 

Section II 

Periods of leave and training 

26.(a) Time passed on leave of all kinds with allowances shall count as qualifying service. 

(b)Time passed on leave of all kinds without allowances shall not count as qualifying service, except the period of Leave Without Allowances availed of under rule 88, Part I Kerala Service Rules, on medical certificate, Leave Without Allowances availed of under rule 91 A, Part I, Kerala Service Rules for study purposes subject to the condition laid down in provisio to rule 33 (b) (2), Part I Kerala Service Rules and Leave Without Allowances up to 60 days taken under the proviso to rule 102, Part I, Kerala Service Rules in continuation of maternity leave. 
Government Decision 

 The authority competent to declare a spell of leave as non-qualifying for pension will be the Government and the grounds on which the periods of leave will be treated as non-qualifying, will be laid down by general or special orders issued from time to time.
This decision takes effect from 27th June 1974 

27.Period of Training – The Government may at their discretion decide in the case of a person it training for , but not actually appointed to, Government service, whether the time spent in training shall count as service qualifying for pension. 

Section III 
Suspension, Resignations and Interruption in Service 

28.Period of Suspension – Time passed under suspension does not count for pension unless otherwise ordered by the authority competent to do so.
Time passed under suspension pending enquiry into conduct counts in full where, on conclusion of the enquiry, the Government employee has been fully exonerated or the suspension is held to have been wholly unjustified in other cases, the period of suspension does not count unless the authority competent to pass order under rule 56, part I, expressly declares at the time that it shall count, and then it shall count only to such extent as the competent authority may declare. 

🆀No ............... may be granted to an employee dismissed or removed for misconduct, insolvency or in efficiency:

(A) Commutation of Pension

(B) Family Pension 

(C) Dearness relief 

(D) Pension

Correct Answer:- Option: (D) Pension

🆀 If the period of suspension of 2 months of an employees during the last 10 months of qualifying service was treated as duty for all purposes but for payment of full pay and allowances, the average emoluments will be calculated by:

(A) Taking the pay that would have been had he not been suspended 

(B) Taking the pay actually drawn 

(C) Considering the 10 month period after excluding the suspension period 

(D) Taking 8 months pay only for average emoluments

Correct Answer:- Option: (A) Taking the pay that would have been had he not been suspended 

 🆀Suspension :- non qualifying service:

(A) Suspension treated as such 

(B) Suspension treated as penalty 

(C) Suspension treated as justified 

(D) All the above

Correct Answer:- Option: (D) All the above

29.Resignation and dismissal¬
(a) Resignation of the Public Service or dismissal or removal from it, entails forfeiture of past service. 
(b) Resignation of an appointment to take up another appointment the service in which counts is not resignation from public service.
  
Note:– The break between the two appointments should not exceed the joining time admissible under the service rules plus the public holidays. 

30. Any authority who, on revision or on appeal, reverses an order dismissing or removing an employee, may declare that the employees past service counts.

 

31. Interruptions –Interruptions in the service of an employee will count for pension provided it is not specifically laid down in these rules or otherwise ordered by competent authority and recorded accordingly in the Service Book. 

Note 1:– Deleted
Note 2:– Deleted

Note 3:– In case where the period of an interruption in service exceeds one year, the benefit or reckoning the period of such interruption in service shall be restricted to the periods he was actually in service prior to the date of the interruption. 

 🆀Periods of interruptions in service will count for pension if it is not specifically laid down in pension rules. Full interruption period will be counted if the period of interruption did not exceeds: 

(A) 4 years 

(B) One year

(C) 2 years 

(D) 3 years

Correct Answer:- Option: (b) One year

 🆀The period of interruption in service of an employee is 5 years and the service before the break is 4 years. Find Out non qualifying service (NQS) 

(A) 1 year 

(B) 5 years

(C) 4 years

(D) 2 years 

Correct Answer:- Option: (a) 1 year 

Government Decision
The authority competent to fill up the appointments to the posts in cadre in which an employee is borne, shall be the authority to declare interruption in his service as non-qualifying for pension. 

001. An employee dismissed for insolvency deserved special consideration and compassionate allowance is granted. The Allowance should not exceed :
A:-‘1/2‘ of the pension which should have been admissible if the employee had retired on the date of dismissal
B:-‘2/3‘ of the pension which would have been admissible if the employee had retired on the date of dismissal
C:-‘3/4‘ of the pension which would have been admissible if the employee had retired on the date of dismissal

D:-None of the above

Correct Answer:- Option-B

002. An officer with a remaining service of 6 years under State Government and a qualifying service of 7 years applies for voluntary retirement. How many years of bar service can b added as weightage for qualifying service:

(A)7 years 

(B)6 years 

(C) 5 years

(D)None of the above

Correct Answer:- Option: (D)None of the above

003. Fix up the weightage admissible in calculating QS with respect to his Bar Service of 15years of an officer with following service particulars: (Date of birth : 3/8/1950, Date of Entry in service : 2/8/1998, Date of superannuation : 31/08/2005)

(A)22 

(B)17 

(C)12 

(D) No weightage is admissible

Correct Answer:- Option: (D) No weightage is admissible

004. Fix up the Qualifying service of an officer with the following particulars :
(Date of birth : 20/05/1947, Age of Superannuation : 55 years, Entry into service : 01/08/1985, Bar service: 15 years)

(A)27 years 

(B)32 years

(C)31 years 

(D)30 years

Correct Answer:- Option: (A)27 years

005. A Deputy Tahsildar retired from service on 31/05/2012. He was on suspension from 1/61201 31/12/2011, and the period was treated as leave without allowances. For calculating the average emoluments for pension, the period to be considered is :

(A) continuous period of 10 months before 01/06/2011
(B) The period from 01/01/2012 till retirement
(C)The period from 01/01/2011 to 31/05/2011 and 01/01/2012 to 31/05/2012
(D) None of the above
Correct Answer:- Option: (C)The period from 01/01/2011 to 31/05/2011 and 01/01/2012 to 31/5/2012

006. Deputy Superintendent of Police was suspended from service with effect from 1-2-2012 and reinstated with effect from 01-06-2012. The period of suspension was treated as duty for all purposes, except for full pay and allowances. A reduction in pay as punishment was imposed as a result of disciplinary proceedings. He retired from service on 31/7/2012. For calculating average emoluments for pension, the period of 10 months on full pay and allowances will be:
(A) 1-10-2011 to 31-7-2012
(B) 1-4-2011 to 31-1-2012
(C) 1-6-2011 to 31-1-2012 and 1-6-2012 to 31-7-2012
(D) none of the above
Correct Answer:- Option: (A) 1-10-2011 to 31-7-2012