Rule No. 5. Authority for grant of disability pension or family pension.
(1) The power to grant disability pension or family pension under these rules, in respect of a Government servant working in a Ministry or Department and the organisations or offices under it, shall be exercised by the Secretary of that Ministry or Department or by such other officer not below the rank of the Joint Secretary to the Government of India, to whom this power is delegated by the Secretary, in consultation with the Financial Adviser:
Provided that in respect of the Government servants working in an organisation or office under a Ministry or Department, the Secretary of the Ministry or Department, in consultation with the Financial Adviser, may delegate the power to grant disability pension or family pension under these rules to an officer not below the rank of the Joint Secretary to the Government of India of the said organisation or office.
(2) The officer to whom the power to grant disability pension or family pension is delegated under sub-rule (1) shall exercise the power subject to conditions, if any, as may be laid down by the Secretary of the Administrative Ministry or Department in consultation with the Financial Adviser.
(3) Each case for grant of family pension or disability pension under these rules shall be examined in accordance with the guidelines specified in Schedule – IV.
(4) The authority referred to in sub-rule (1), before allowing family pension or disability pension under these rules shall satisfy itself that the conditions specified in rule 4 for grant of family pension or disability pension are fulfilled and based on the medical report, the guidelines specified in Schedule –IV and the other relevant documents, the said authority shall certify that there exists a causal connection between disablement or death of the Government servant and the Government service and that the death or disability is attributable to or aggravated by the Government service.
Note 1: The guidelines specified in Schedule- IV are aimed to determine attributability of disablement or death to Government service:
Provided that, if based on the facts of a particular case, the authority is of the opinion that the disablement or death, though not strictly covered by the guidelines specified in Schedule–IV, is otherwise attributable to Government service, it may, for reasons to be recorded in writing, grant disability pension or family pension, as the case may be, in accordance with these rules.
Note 2: In the case of a Government servant who died in such circumstances that a medical report could not be secured, the competent authority may award a family pension under these rules, if it is otherwise satisfied that there exists a causal connection between death of the Government servant and Government service.
Rule 6. Other Conditions:
Where grant of family pension or disability pension or gratuity under these rules is made in respect of a period of service under the Government, no pension or family pension or gratuity under any other rules shall be payable for the said period of service, during the currency of the grant.
(2) The disability element of disability pension granted under these rules shall not be taken into account in fixing the pay of a pensioner on his re-employment in the Government service.
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