Must Know the Occasions When Pension can be Stopped : Defence Pension Rules

Award of Pension to Govt Employees

Pensions for Government Employees are a form of retirement benefit provided by the Govt to its employees after they have completed a certain number of years in service. Retired employees of Civil and Military organisations are awarded pension as financial support after leaving the job. Some other reasons behind award of pension is –

Employee Retention – Offering a pension plan helps attract and retain skilled and experienced individuals to work in government positions. The promise of a secure retirement income can be a strong incentive for individuals to commit to a long-term career in public service.

Financial Security – Pensions are designed to provide financial security to retired government employees. They ensure that retirees have a regular income stream to cover their basic living expenses and maintain a reasonable standard of living after they have left the workforce.

Social Responsibility – Governments have a responsibility to take care of their retired employees who have dedicated their careers to public service. Pensions demonstrate a commitment to the well-being of those who have served the public interest.

Reducing Reliance on Social Welfare Programs – By providing pensions, governments aim to reduce the dependence of retired public servants on social welfare programs and services. This can lead to cost savings for the government and contribute to overall economic stability.

Instances when pension can be stopped

Pension is the right of a Govt. employee; however, it can be stopped on following occasions as laid down in Para 108 of Pension Regulation for Air Force 1961(Part – I) , Pension Regulation for the Army 2008 Part –I & Navy (Pension) Regulations 1964.

Grant of pension is subject to future good conduct: Future good conduct shall be an implied condition for every grant of a pension or allowances as per Para 4 of Pension Regulation for the Air Force 1961 (Pt-I) and similar provisions in Naval and Army Pension Regulations.

Provision of Regulation 8 of Pension Regulations 2008 Part-I in this regard:

(a) Future good conduct shall be an implied condition for every grant of pension or allowance and its continuance under these Regulations.

b) The competent authority may, by an order in writing, withhold or withdraw a pension or a part thereof whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct. Provided that where only a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of minimum pension fixed by Government from time to time.

(c) Where a pensioner is convicted of a serious crime by a court of law or by court martial or is found guilty of grave misconduct, action under clause (b) above shall be taken in the light of the judgment of the court relating to such conviction.

(d) In a case not falling under clause (b) above, as well as other cases where the competent authority considers that the pensioner is prima facie guilty of grave misconduct, the competent authority before passing an order under clause (b) above;

(i) serve upon the pensioner a notice specifying the action proposed to be taken against him and the ground on which it is proposed to be taken against him and calling upon him to submit, within 15 days of the receipt of the notice or such further time not exceeding 15 days as may be allowed by the competent authority, such representation as he may wish to make against the proposal, and

(ii) take into consideration the representation, if any, submitted by the pensioner under sub clause (i) above.

Notes: 1. The expression ‘serious crime’ means an offence under the Indian Penal Code 1860 or Official Secrets Act, 1923 or any other law for the time being in force in the country for which the maximum punishment prescribed under the law is imprisonment for a period of 3 years or more with or without a fine. 2. The expression ‘grave misconduct’ includes the communication or disclosure of any secret official code or password or any sketch, plan, model, article, note, document or information, such as is mentioned in Section 5 of the Official Secrets Act, 1923 (19 of 1923) (which was obtained while holding office under the Government) so as to prejudicially affect the interest of the general public or the security of the State.

RIGHT TO WITHHOLD OR SUSPEND OR DISCONTINUE PENSION

Pensioners convicted of serious crime or guilty of grave mis-conduct The pension of a pensioner, who is convicted of a serious crime by a Court of Law or is guilty of grave misconduct, shall be liable to be withheld in whole or in part as per Para 108 of Pension Regulation for the Air Force 1961 (Part-I) & Simlar provision in Naval and Army Pension Regulations. It is advisable for a pensioner to obtain bail as soon as possible / anticipatory bail if he is arrested / likely to be arrested and thereafter defend his case in the Court of Law. (DPPI, 2013 Para 73).

If a pensioner has changed his / her Nationality and has become a citizen of a foreign state, then his/her pension is required to be immediately stopped by his Pension Disbursing Office (PDO).

Thereafter, the pensioner is required to apply to PCDA (P), Allahabad through his PDO along with copy of new nationality certificate for restoration of his pension. PCDA (P), Allahabad will take appropriate decision on this matter based on the merits of each case.

Non-submission of Life certificate in the month of November every year and PCDA (P), Allahabad Circular No. 606 dt. 24.09.18. However, after introduction it is not mandatory to submit life certificate in November only. You may submit your life certificate any time in the year whenever it is due as shown in your SPARSH Profile. To know more about Life Certificate on SPARSH Portal you may visit our website.