MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (Department of Pension and Pensioners’ Welfare) NOTIFICATION New Delhi, the 30th January, 2023 G.S.R. 63(E).—In exercise of the powers conferred by proviso to article 309 and clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor-General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules, namely:-
1. Short title and commencement. -
(1) These rules may be called the Central Civil Services (Extraordinary Pension)(EOP) Rules, 2023. (2) They shall come into force on the date of their publication in the Official Gazette.
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2. Application. -
(1) These rules shall apply to the Government servants to whom the Central Civil Services (Pension) Rules, 2021 apply:
Provided that in the event of death or discharge from the service on the ground of disability of a Government servant, who is covered by the Central Civil Services (Implementation of National Pension System) Rules, 2021, the benefits of family pension, disability pension and constant attendant allowance under these rules shall be payable to the Government servant or his family, as the case may be, if the Government servant had exercised an option to this effect under rule 10 of the Central Civil Services (Implementation of National Pension System) Rules, 2021: Provided further that no benefits shall be paid under these rules in respect of a Government servant who dies or gets disabled while on foreign service under a United Nations’ body if he had opted not to pay the pension contributions during the period of such deputation and not to get the service rendered in the United Nations’ body counted as qualifying service in accordance with rule 29 of the Central Civil Services (Pension) Rules, 2021.
(2)(a) Where the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) are applicable in case of a Government servant acquiring a disability, such case shall be governed by the provisions of the said section.
(b) Where a Government servant referred to in clause
(a) intends to retire and avail benefits under these rules, the Government servant shall be advised that he has the option, in terms of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) to continue in service with the same pay scale and service benefits which he is otherwise entitled to and in case the Government servant does not withdraw his request for retirement, he may be allowed to retire and his case for grant of disability pension may be processed in accordance with the provisions of these rules.
(c) A Government servant, who belongs to an establishment which has been exempted from the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016), by a notification issued under the proviso to subsection (1) of section 20 of the said Act and who is boarded out of Government service on account of disablement, shall be eligible for disability pension in accordance with the provisions of these rules: Provided that where the medical board has found a Government servant fit for further service of less laborious character than that which he had been doing, he shall, subject to his willingness to be so employed, be employed on a lower post and if the Government servant is not willing to be employed on a lower post or if there is no means of employing him even on a lower post, he may be granted disability pension under these rules.
(d) If a Government servant referred to in clause (a) or clause (c) is retained in service in spite of disablement, he shall be paid compensation in lump-sum in lieu of the disability pension in accordance with sub-rule (5) of rule 10 of these rules.
