West Bengal Primary Education Teachers and Employees
Death cum Retirement Benefit Rules, 2008
GOVERNMENT OF WEST BENGAL
School Education Department
Bikash Bhawan, Salt Lake, Kolkata - 700 091
NOTIFICATION
No. 1467-SE(Law) PL/5S-174/07, Dt. 05.08.2008 - The following draft of rules, which the
Governor proposes to make in exercise of the power conferred by sub-section (1) of section
106, read with clause (q) of sub-section (1) of section 60 of the West Bengal Primary
Education Act, 1973 (West Ben. Act XLIII of 1973) (hereinafter referred to as the said Act) and
in supersession of all orders, schemes and notifications on the subject, is hereby published, as
required by sub-section (1) of section 106 of the said Act), for information of persons likely to
be affected thereby;
The draft shall be taken into consideration on or after the expiry of a period of thirty days
from the date of its publication and any objections or suggestions with respect thereto, which
may be received by the undersigned before the said period, shall be duly considered: -
Draft rules
CHAPTER I
Preliminary.
1. Short title
These rules may be called the West Bengal Primary Education (Teachers and Employees’
Death-cum-Retirement Benefit) Rules, 2008.
2. Application
(1) These rules shall apply to -
a) the teachers who have joined the service on or after the first day of April 1981 and
opted for pension- cum-general provident fund including family pension under West
Bengal Non-Government Aided Educational Institution Employees (Death Cum
Retirement Benefit) Scheme 1981;
b) the teachers who joined the service on any date on or after the first day of April,
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1968 and opted to come under Pension-cum-Family Pension and Gratuity under the
West Bengal Recognized Non-Government Educational School Employees (Death-cum-
Retirement Benefit) Scheme. 1981 published under Government Order No. 136-Edn
(B) dated 15.5.85 within the timeframe, as decided by Government Orders Nos. 136-
Edn (B) dated 15.05.1985, 284 Edn (B) dated 17.10.1989, 148 Edn (B) dated
31.05.1990 and 496 - Edn (B) dated 16.12.1991:
Provided that those options have duly been accepted by respective District Inspector of
Schools.
c) the approved teaching and non-teaching staff of the Government or Government
aided or sponsored Training Institutions for Primary Teachers;
d) the approved employees of District Primary School Councils or District School
Board;
e) the approved teaching and non-teaching staff of Government Sponsored Free
Primary Schools and Junior Basic or Pre-Basic or Pre-Primary or Nursery Schools taken
over from municipalities and brought under the Scheme of the West Bengal Urban
Primary Education Act, 1963 (West Ben. Act XXVIII of 1963).
(2) Subject to the provisions of Chapter III with respect to payment of Gratuity, these rules
shall not apply to the teachers of D.A. getting schools or the teachers appointed or engaged on
contract basis such as part-time teachers, para- teachers or Siksha Sahayaks and to those
teachers who have opted for Contributory Provident Fund in lieu of Pension- cum-Family
Pension.
3. Definitions
(1) In these rules, unless there is any thing repugnant in the subject or contexta)
“Act” means the West Bengal Primary Education Act, 1973 (West Ben. Act XLIII of
1973);
b) “basic pay” means the monthly pay which is drawn by an employee and which
corresponds to a stage in the time scale of pay attached to the post held by him;
c) “daughter” means daughter of an employee till she attains 25 years of age and
includes step daughter or adopted daughter of such employee till she attains 25 years
of age;
d) “Director of Pension and Provident Fund and Group Insurance” means Director of
Pension and Provident Fund and Group Insurance appointed by the Government of
West Bengal;
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e) “emoluments” means basic pay and dearness pay last drawn;
f) “employee” means and includesi)
the approved teaching and non-teaching staff of Government, or Government
aided or sponsored, Training Institutions for Primary Teachers,
ii) the approved employees of District Primary School Councils or District School
Board,
iii) the approved leaching and non-teaching staff of Government Sponsored Free
Primary Schools and Junior Basic or Pre-Basic or Pre-Primary or Nursery
Schools taken over from Municipalities and brought under the Scheme of the
West Bengal Urban Primary Education Act, 1963 (West Ben. Act XXVIII of 1963);
g) “family” includes the following relations of an employee of the Council, namely:-
i) for the purpose of death gratuity-
A) spouse of the employee,
B) son including step son/adopted son,
C) unmarried and widow and divorced daughter,
D) mother,
E) father
F) brother below the age of 25 years and unmarried or widow sister;
ii) for the purpose of family pension-
A) spouse of the employee,
B) sons including step or adopted sons,
C) unmarried or widow and divorced daughter,
D) dependent parents;
Note: - Marriage after retirement shall be recognized for the purpose of family pension;
h) “leave” means any period of leave admissible to an employee under the rules
applicable to him;
i) “pensioner" means a retired employee who is receiving pension;
j) “Primary School” means a school sponsored by Government or the schools under the
management of District Primary School Council including Siliguri or Kolkata Primary
School Council and District School Board in Darjeeling Gorkha Hill Council area;
k) “Service Book” means the documents that contain the records of service of an
employee, as specified under Government Order No.804-Edn (B) dated 19.10.1990 and
Government Order No.l980-Edn (S) dated 15.12.1971;
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l) “State Government” means the Government of West Bengal in the School Education
Department.
(2) The words and expressions used and not defined in these rules but defined in the Act shall
have the same meanings as respectively assigned to them in the Act.
CHAPTER II
Pension
4. Classification of pensions
There shall be following four classes of pensions, namely:-
(a) compensation pension;
(b) invalid pension;
(c) superannuation pension;
(d) retiring pension.
5. Eligibility for pension
(1) An employee shall be eligible to compensation pension, invalid pension or superannuation
pension, as the case may be, if he has completed at least ten years satisfactory qualifying
services.
(2) An employee shall be eligible to retiring pension if he has completed at least twenty years
satisfactory qualifying services.
3) Any service of an employee before completion of his 18 years of age shall not count as
service.
6. Compensation pension
(1) An employee is entitled to receive compensation pensionary benefits for the satisfactory
service he has rendered if he is discharged on abolition of the permanent post held by him;
Provided that an employee is not entitled to receive compensation pension or gratuity for the
service he has rendered if he accepts any other appointment where his previous service may be
counted.
(2) An employee is not entitled to receive compensation pension for loss of appointment on
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discharge after the completion of a specified term of service.
(3) An employee shall be given a notice of not less than three months before he is discharged
from the service on abolition of the post held by him:
Provided that if in any case, notice of at least three months is not given and the employee is not
offered with any employment on the date on which his service is dispensed with the sanction of
the authority competent to dispense with the service, then a gratuity, not exceeding his
emoluments for the period by which the notice actually given to him falls short of three months,
may be paid to him in addition to compensation pension but no compensation pension shall be
payable for the period for which he receives a gratuity in lieu of notice.
7. Invalid pension
(1) An employee shall be entitled to receive invalid pension if he retires from service due to
becoming permanently incapacitated on account "of physical or mental infirmity.
(2) Unless otherwise specified, an employee who applies for an invalid pension shall submit a
medical certificate from the Chief Medical Officer of Government of West Bengal in the
concerned District or from any other Medical Officers of equivalent status nominated or
specified by the state Government.
(3) While applying for invalid pension, the employee shall furnish a medical certificate in
Form 19.
(4) Invalid pension is not admissible to an employee, if the Medical Officer certifies that the
incapacity of the employee is directly due to addiction to drugs, alcohol or any other
substance.
8. Superannuation pension
Superannuation pension is granted to an employee who retires at the age of 60 years.
9. Retiring pension
A retiring pension is admissible to an employee who is allowed to retire as per his prayer after
completing at least twenty years” satisfactory qualifying services.
10. Commencement of pension
The pensions herein above referred in rules 6, 7, 8 and 9 shall commence from the date
following the date of retirement of such employee.
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11. Determination of date of birth
(1) When the year of birth of employee is known but the date of birth is not known, the first
day of July shall be deemed to be the date of birth.
(2) When only the month and year of birth of an employee are known, the 16th day of that
month shall be deemed to be the date of birth.
12. Qualifying service
(1) The continuous satisfactory service of a whole time approved employee in any educational
Institution, shall count as qualifying service:
Provided that the service rendered before completion of 18 years shall not be counted as service:
Provided further that the service rendered by an employee in an unrecognized school or in a D.A.
getting school shall not be counted:
Provided also that the service rendered by an employee under the Central or in any State
Government or union territories shall count for determining qualifying services.
(2) Approved temporary service including approved service on leave or deputation vacancy in
one or more schools shall be counted towards pension, subject to the fulfillment of other
conditions for grant of pensions.
(3) All periods of authorized leave, other than extra-ordinary leave without pay, shall be
counted as qualifying service:
Provided that the service rendered by an employee under State Government shall be counted for
determining qualifying service:
Provided further that extra-ordinary leave granted other than on medical ground shall be also
counted towards calculating qualifying services if such leave is granted due to the employee’s
inability to join or rejoin duty on account of civil disturbance declared by the state government
or for pursuing higher studies in relation to his teaching subject in school with prior permission
from District Inspector of Schools concerned.
(4) Period of suspension fol lowed by reinstatement shall be counted as qualifying service if
such period is treated, by order, as duty by the competent authority.
(5) The period between the date of dismissal or removal and the date of reinstatement shall
be counted as qualifying service only if the appointing authority, by order, treats that period as
on duty or leave other than extra-ordinary leave.
(6) Vacations shall be counted as qualifying service if an employee is present on both the
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closing and re-opening dates and if on leave on either of the dates, the absence is regularized
by sanction of leave by the competent authority.
(7) Qualifying services for pension shall be counted upto the age of superannuation or the
date preceding the date of voluntary retirement.
(8) Period of absence under duress as declared by Government Order No.l071-Edn (S), dated
19.8.1977 and Government Order No. 477-Edn (S) dated 16.8.1980 (read with any subsequent
orders to the same effect) issued by Stale Government shall be counted as qualifying service.
(9) Any period of services not covered under sub-rules (1) to (8) shall not count as qualifying
service.
13. Effect of dismissal or removal or resignation
When an employee is dismissed or removed from service or when he resigns from the post,
the service rendered by him shall stand forfeited and such employee is not entitled to receive
pension.
14. Date of retirement
(1) When an employee is required to retire on attaining a specific age, the date on which he
attains that age, shall be reckoned as a working day and the employee shall retire with effect
from the afternoon of that day.
(2) If the date of retirement on superannuation of an employee falls on any date other than the
first day of the month, he shall be allowed to retire on the last day (afternoon) of the month.
(3) If the date of retirement on superannuation of an employee falls on the first day of a
month, he shall be allowed to retire on the last day (afternoon) of the preceding month.
15. Pension sanctioning authority
The Secretary of the District Primary School Council concerned shall be the pension
sanctioning authority under these rules.
16. Rate of pension
(1) The amount of pension shall be determined at the rate of 50% of last pay drawn in all
cases to an employee who has completed at least 33 years satisfactory qualifying services:
Provided that an employee, who at the time of retirement has rendered satisfactory qualifying
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service of 10 years or more but less than 33 years the amount of his pension shall be of such
proportion of the maximum admissible pension as the qualifying services rendered by him.
(2) The maximum or minimum monthly amount of pension in favour of a pensioner shall not
exceed or not be less than the sum as may be fixed from time to time by the State Government.
(3) In addition to pensions determined under sub-rule (1), the pensioner is entitled to relief as
admissible to the State Government pensioners from time to time.
(4) Subject to the other provisions of these rules the amount of monthly pension payable
monthly shall be expressed as a whole of a rupee and where the pension calculated according
to these rules contains a fraction of rupee, it shall be rounded off to the next higher rupee.
(5) A pension admissible to an employee shall be fixed and paid in Indian rupee and in India.
(6) Where the service of an employee has not been thoroughly satisfactory, the pension
sanctioning authority may make such reduction in the amount as it thinks fit.
(7) The proportionate reduction in the amount of pension under these rules should be to the
extent by which the employee’s service as a whole has failed to reach a thoroughly satisfactory
standard.
(8) The service of an employee against whom a charge of corruption has been initiated
through proceedings cannot be considered to be satisfactory.
(9) Final pension, gratuity etc., shall not be sanctioned to an employee against whom
departmental or judicial proceedings have been instituted or pending.
(10) In case of misconduct of the pensioner, the pension sanctioning authority shall have the
power to withhold pension or reduce the amount of pension.
17. The rate of dearness pension
The amount of dearness pension shall be determined at the rate of 50% of the dearness pay
(the part of dearness allowance merged with pay is treated as dearness pay) drawn last in all
cases to an employee who has completed at least 33 years satisfactory qualifying services:
Provided that for an employee who at the time of retirement has rendered satisfactory qualifying
service of 10 years or more but less than 33 years, the amount of his dearness pension shall be of
such proportion of the maximum admissible dearness pension as the qualifying service rendered
by him is in proportion to the maximum admissible length of service qualifying for pension:
Provided further that no part of dearness pension shall be allowed to be commuted before or
after retirement with or without medical examination by any employee under any
circumstances.
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18. Provisional Pension
(1) Where any departmental or judicial proceeding is instituted or pending against an
employee who is allowed to retire on attaining the age of superannuation or otherwise, he
shall be paid a provisional pension following his prayer during the period commencing from
the date of his retirement to the date on which the final orders are passed by the appropriate
authority on such proceeding.
(2) Where an employee who is allowed to retire on attaining the age of superannuation but
whose pension has not been sanctioned by the Pension Sanctioning Authority for want of his
necessary service records, shall be paid provisional pension following his prayers.
(3) The amount of provisional pension shall not exceed the sum total of maximum amount of
pension and the maximum amount of dearness pension, which would have been admissible to
an employee on the basis of his qualifying services up to the date of retirement, or if he was
under suspension on the date of retirement upto the date immediately preceding the dale on
which he was placed on suspension.
(4) Payment of the provisional pension shall be adjusted against the final retirement benefits
sanctioned to such employee up to conclusion of the aforesaid proceeding but no recovery
shall be made where the pension finally sanctioned is less than the provisional pension or the
pension is reduced or withheld either permanently or for a specified period.
(5) In no case the provisional pension, referred to in sub-rule (1), shall be paid beyond a
period of 12 months from the date of retirement. During sanction of provisional pension
under the rules, report on admissibility of pension is required to be obtained from the
Director of Pension, Provident Fund and Group Insurance, West Bengal. No Gratuity or death
cum retirement gratuity shall be paid to him until the conclusion of such proceedings and the
issue of final orders thereon. Such provisional pension shall be subject to adjustment against
the amount of pension including gratuity or by short payment of pension. All outstanding dues
shall be adjusted in the same manner as above.
19. Right to withhold pension in certain cases
(1) The pension of an employee may be withheld in whole or in part under an order of the
pension sanctioning authority, passed not later than 3 years after the date of retirement to
meet any sum due under the liability incurred by such employee to the government.
(2) The pension sanctioning authority reserves to himself the right of withholding or
withdrawing a pension or any part of it whether permanently or for a specified period, and
the right of ordering recovery from the pension relief of the whole or part of any pecuniary
loss caused to Government, if the person is found to have been guilty of grave misconduct or
negligence during the period of his service, including service rendered on reemployment after
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retirement:
Provided that such proceedings by Managing committee if instituted while the employee was in
service whether before his retirement or during reemployment, shall after the final retirement of
the employee be deemed to be a proceeding under this article and shall be continued and
concluded by the authority by which it was commenced in the same manner as if the employee
had continued in service:
Provided further that such proceedings, if not instituted while the employee was in service,
whether before his retirement or during reemployment shall not be instituted save with the
sanction of Secretary of the Department and shall not be in respect of any event which took place
more than 3 years before such institution.
(3) An employee who retires from service but against whom criminal proceedings involving
moral turpitude is pending in a court of law shall not be sanctioned any pension until the
termination of the criminal proceedings:
Provided that an interim allowance not exceeding two thirds of the pension that would have
been admissible but for the criminal proceedings may be granted during the pendency of such
proceedings in case of hardship.
Provided further that if he is convicted on a criminal charge involving moral turpitude he shall
not be entitled to any pension but a compassionate allowance may be granted to him and this
shall not exceed two third of the pension which would have been admissible to him if he had
retired on medical certificate.
Provided also that interim allowance or compassionate allowance, as the case may be, can be
sanctioned only after obtaining an admissibility report from Director of Pension, Provident Fund
and Group Insurance. West Bengal:
Provided also that no such judicial proceedings if, not instituted while the employee was in
service, whether before his retirement or during re-employment shall be instituted in respect of a
cause of action which arose, or an event which took place more than 3 years before such
institution.
Explanation I. - For the purpose of this rule a departmental proceeding shall be deemed to have
been instituted on a date on which the charge sheet or statement of chargcs is issued to the
pensioner or if the employee or an employee has been placed on suspension from an earlier date,
on such date.
Explanation II. - For the purpose of this rule a judicial proceedings shall be deemed to have been
instituted -
(a) in the case of criminal proceeding, on the date on which the complaint or report of the
police officer, on which the magistrate takes cognizance is made, and
(b) in the case of civil proceedings, on the date, on which the plaint is presented or as the
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case may be, an application is made to the civil court.
(4) Where any departmental or judicial proceeding is instituted against an employee who has
retired on attaining the age of retirement or otherwise, he shall be paid during the period,
commencing from his retirement to the date on which, upon conclusion of such proceedings
final orders are passed, a provisional pension not exceeding the maximum pension which
would have been admissible on the basis of his qualifying service upto the date of retirement
or if he was under suspension, for the period between the date of his joining to the date
immediately preceding the date of suspension, but no gratuity or death cum retirement
gratuity shall be paid to him until the conclusion of such proceeding and the issue of final
orders there on.
(5) Payment of provisional pension made under clause (4) shall be adjusted against the final
retirement benefit sanctioned to such an employee upon conclusion of aforesaid proceeding
but no recovery shall be made where pension finally sanctioned is less than provisional
pension or the pension is reduced or withheld either permanently or for a specified period.
20. Withholding of pension and dearness pension in case of convictions
and misconduct
(1) The Pension Sanctioning Authority shall by order, in writing, withhold or withdraw a
pension or a part thereof whether permanently or for a specific period, if the pensioner is
convicted of criminal offence serious in nature or is found guilty of grave misconduct.
(2) Where a pensioner is convicted of criminal offence serious in nature by a court of law,
action under sub-rule (1) shall be taken in the light of the judgement of the Court relating to
such conviction.
(3) In the context of a case not falling under sub-rule (2). if the pension sanctioning authority
under the sub-rule (1) considers that the pensioner is prima-facie guilty of grave misconduct,
it shall, before passing an order under sub-rule (1), serve upon the petitioner a notice
specifying the action proposed to be taken 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
pension sanctioning authority, such representation as he may wish to make against the
proposal and such representation shall be considered by the pension sanctioning authority
while withholding the pension under sub-rule (1).
(4) An appeal against an order under sub-rule (1) shall be made to the Secretary, School
Education Department, Government of West Bengal.
21. Recovery of dues before sanctioning pension
(1) When a retiring employee does not clear government dues and these are ascertainable, an
equivalent cash deposit or refund may be taken from him or may be deducted out of gratuity
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payable to him before releasing his final pension or gratuity.
(2) If any of the Government dues remain unassessed for any reason the retiring employee
may be asked to furnish a suitable bond or a part of gratuity not exceeding the estimated
outstanding dues plus 25 % there of may be withheld (subject to maximum of 10%) and
balance may be released to him.
(3) Government dues remaining unrealized and other dues revealed within a period not
exceeding six months from the date of retiring of the employee, shall, however, be reckonable
from the pensioner by adjusting with dearness pension or dearness relief admissible.
CHAPTER III
Gratuity
1. Gratuity
(1) For a service of 10 years or more, an employee is entitled to retiring gratuity at the rate of
one -fourth of his for each completed six monthly period of satisfactory qualifying service,
subject to a maximum of 16 1/2 months emoluments as fixed by the Government. For service
of less than 10 years but more than at least 1 year, the rate of gratuity is 1/2 month’s
emoluments reckonable for pension for every completed six monthly period of service. The
maximum amount is however Rs. 2,50,000/- :
Provided that the period of satisfactory qualifying exceeding 33 years shall not be counted.
(2) No gratuity shall be paid to an employee against whom a departmental or judicial
proceeding is instituted or pending, until the conclusion of such proceeding and the issue of
final order.
(3) While calculating the amount of death or retirement Gratuity, Dearness pay and Dearness
Allowances drawn immediately before death or retirement shall be taken into account in
addition to Basic Pay last drawn.
23. Provisional gratuity
An employee whose gratuity is not sanctioned for the reasons as stated in sub-rule (2) of rule
22, provisional gratuity, after withholding of 10 per cent or Rs. 10, 000/- of the provisional
gratuity, whichever is less should be sanctioned to the retiring employee by Pension
Sanctioning Authority concerned subject to the furnishing a written undertaking by the
pensioner concerned.
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CHAPTER IV
Provisions relating to death gratuity and family pension.
24. Death gratuity
In the event of death in harness, the death gratuity shall be admissible at such rates as
mentioned in table below:-
Table
Length of qualifying service Rate of death gratuity
(a) Less than one year 2 times of the amount reckonable as Gratuity
(b) One year or more but less than 5 6 times of the amount reckonable as Gratuity
(c) 5 years or more but less than 20 years 12 times of the amount reckonable as Gratuity
(d) 20 years or more Half of the amount reckonable for Gratuity for
every completed 6 monthly period of qualifying
service, subject to maximum of 33 times of the
amount reckonable for Gratuity.
In no case the amount shall exceed Rs. 2,50,000/-
25. Nomination
(1) Any employee to whom these rules apply shall make a nomination in writing in the
appropriate form conferring on one or more persons the right to receive the retiring gratuity
or death gratuity that may be sanctioned under these rules.
(2) The concerned employee as well as the heads of offices shall follow the following
nomination procedure: —
(a) every whole time and regular West Bengal Recognized Non-Government
Educational Institution Employees and teachers shall execute nomination in the proper
form as prescribed under these rules just after his joining the service or as soon as his
or her services are made whole time and regular;
(b) it shall be the duty of every head of office to supply necessary Form of nomination
for West Bengal Primary Teachers’ Death Cum Retirement Benefit Rules to every whole
time and regular employee on the very date of his joining service or on the date in
which the employee is brought under whole time and regular service;
(c) on receiving the nomination Form from the employee concerned, the same should
be pasted in the service Book after it is duly countersigned by the head of the office as
required under these rules;
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(d) the statement of family should be obtained just after the employee completes one
year’s service and the same should be pasted in the Service Book. It shall be incumbent
upon the employee concerned to report to the head of the office, in writing, any
omission or addition that may occur subsequently in order to keep the statement of
family members updated;
(e) if an employee has a family, the nomination shall not be in favour of any person or
persons other than the member of his family. If an employee nominates more than one
person, he shall specify in the nomination Form the amount or share payable to each of
the nominee in such manner as to cover the whole amount of gratuity.
26. Family pension
(1) Family pension is admissible to the members of the family of an employee who dies while
in service after rendering at least one year’s service.
(2) The benefit shall also be admissible in case of death of an employee after retirement if at
the time of death he was in receipt of compensation, invalid, retiring or superannuation
pension.
27. Family pension at normal rate
The rate of family pension admissible to the members of the family of an employee shall be
30% of pay (basic pay) drawn last actually or notionally:
Provided that maximum and the minimum amount of family pension shall be fixed by orders of
the State Government from time to time.
28. Family pension at enhanced rate
(1) In the event of death of an employee while in service, the enhanced rate of family pension
may be admissible:
Provided that the employee concerned has rendered, not less than 7 years continuous service,
prior to his death:
Provided further that the family pension at enhanced rate is payable for, a period of 7 years from
the day following the date of death or till the date on which the employee concerned would have
attained the age of 65 years had he survived, whichever period is less.
(2) In the event of death after retirement, the family pension at enhanced rale shall be payable
up to the date on which the deceased employee concerned would have attained the age of 65
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years had he survived or for 7 years, whichever period is less and after the period of family
pension at enhanced rate is over, family pension at normal rate shall commence.
(3) The amount of family pension at enhanced rate payable under these rules shall be
calculated in the following manner:-
(a) 50% of the last basic pay of the deceased employee:
(b) two times of family pension as per last basic pay;
(c) amount of pension in case of pensioner (in case of died in harness this point should
not be filled).
(4) The amount whichever is the lowest amongst clauses (a), (b) and (c) of sub-rule (3) shall
be taken into consideration for payment of family pension at enhanced rale.
29. Period during which family pension is admissible
Subject to the following conditions, the family pension shall be admissible -
(a) in the case of widow or widower up to the date of death of such widow or widower or remarriage
of such widow, whichever is earlier;
(b) in the case of son, until he attains the age of 25 years;
(c) in the case of unmarried daughter, till she attains the age of 25 years or marriage
whichever is earlier;
(d) in the case of dependent parents up to the date of their death or re-marriage, whichever is
earlier.
Note. - Where an employee is survived by more than one widow, the family pension shall be paid
to them in equal shares. This shall not be applicable in cases where bigamy is barred by statutes
and personal law. On the death of the widow, her share of the pension shall become payable to
her eligible minor children. If at the time of her death a widow leaves no eligible minor child, the
payment of her share of the pension shall cease.
30. Grant of family pension to dependent disabled son(s) or daughter(s)
of the Deceased Pensioner:-
Where a deceased pensioner’s son or unmarried or widowed daughter, who is suffering from
any mental disorder or disability of mind or is physically disabled so as to prevent him or her
to earn his or her living even after attaining the age of 25 years, shall be paid family pension
during his or her lifetime subject to the following conditions:-
(a) if such son or daughter is one among two, or more of the pensioner, the family pension
shall be initially payable to the minor children, in the case of minor son until he attains the age
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of 25 years and in the case of unmarried daughter until she attains the age 25 years or
marriage which ever is earlier, as the case may be, and thereafter the family pension shall be
resumed in favour of the son or daughter suffering from disorder or disability of mind or who
is physically crippled or disabled and shall be payable to him for life;
(b) if there are more than one such son or daughter suffering from mental disorder or
disability of mind or who arc physically disabled, the family pension shall be payable in the
order of their birth and the younger shall get the family pension only after the elder next
above him ceases to be eligible. When the family pension is payable to twin children, it shall be
paid to such twin children in equal shares, provided when one such child ceases to be eligible,
his share shall revert to the other and when both of them cease to be eligible the family
pension shall be payable to the next eligible single child or twin children;
(c) the family pension shall be paid to such son or daughter through the guardian as if he is a
minor; production of guardianship certificate is not necessary where such child has attained
the age of majority;
(d) before allowing the family pension for life to any such son or daughter, the sanctioning
authority shall satisfy that the disability is of such a nature as to prevent him or her from
earning his or her livelihood and the same shall be evidenced by a certificate obtained from a
medical officer not below the rank of a Sub- Divisional Medical Officer, stating, as far as
practicable, the Mental or Physical condition of such son or daughter;
(e) the person receiving the family pension as guardian of such son or daughter shall produce
once in every year a certificate from a Medical Officer not below the rank of Sub-Divisional
Medical Officer to the effect that he or she continues to suffer from mental disorder or
disability of mind or continues to be physically disabled;
Provided that such son or daughter is not in receipt of any kind of pension whatsoever from any
Government or Government Undertaking etc. on account of such disability:
Provided further that in case of disability of permanent in nature certified as non-recoverable. or
incurable, the production of certificates for every three years may be done away with.
31. Date of effect of family pension
A family pension shall take effect from the day following die death of an employee or
pensioner.
32. Family pension payable to one member of the family
(1) Subject to the provision contained in the note under rule 29, the family pension sanctioned
under these rules shall not be payable to more than one members of the employee’s family at
the same time. It shall first be admissible to the widow or widower and on the death of such
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widow or widower to the first eldest minor daughter, thereafter next minor daughter
according to seniority and when there shall be no minor daughter, the eldest minor son and so
on and thereafter to mother and lastly to father. Payments to minor shal I be made through
natural or legal guardian.
Note: - Payment of family pension shall not be any bar if at the time of entitlement, the widow or
widower or unmarried daughter or son happens to be employed anywhere.
33. Family pension and retirement benefits against disappeared
employee
(1) When an employee disappears leaving his family, admissible retirement benefits may be
granted to his eligible members of the family as mentioned under rule 28.
(2) On receipt of such application along with documents as may be necessary subject to
fulfilment of the following conditions:-
(a) the family must lodge a report with the concerned police station and obtain a report from
the Officer-in- Charge of such Police Station to the effect that the incumbent could not be
traced out in spite of efforts made by the police.
(b) an indemnity bond should be taken from the family pensioner concerned to the effect that
all payments received from the Government shall be refunded to the Government in the event
the missing person reappears and claims his dues.
(3) All Government dues outstanding against the employee shall be recovered from the relief
on pension.
(4) The family concerned shall apply to the Secretary, District Primary School Council
concerned for grant of family pension after one year from the date of disappearance of the
employee.
(5) The Pension Sanctioning Authority concerned shall make proper scrutiny of the
application received under sub-rule (3) and if it found proper, he shall recommend it to the
Director of School Education, West Bengal and the Director of School Education in his turn
shall toward the case with his comments to the Slate Government.
34. Procedure for payment of retirement benefits
(1) (a) The Sub-Inspector of Schools concerned shall prepare a list as shown in Form 1 every
six months, i.e. on the 1st January and the 1st July each year of all employees who are to retire
within the next 30 months of that date.
(b) A copy of every such list shall be sent to the Director of Pension, Provident Fund and Group
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Insurance, not later than the 31st January or the 31st July as the case may be, of that year. In
case of the persons retiring for reasons other than by way of superannuation, the Sub-
Inspecor of Schools concerned shall promptly inform the Director of Pension, Provident Fund
and Group Insurance.
(2) The Sub-Inspector of Schools concerned shall send a notice specified in Form 2 to the
employee who is to retire on superannuation within the next 24 months.
(3) An employee, who is eligible for pension under these rules, shall submit to the Sub-
Inspector of Schools concerned a formal application for pension in Form 3 as specified in third
schedule duly filled in all respects along with other papers as specified in Form Nos. 4,5,6,7,8
and 9 positively 18 months in advance of his retirement on superannuation. It is to be noted
that the retirement benefit can only be obtained when the retiring or retired employee or
family pensioner shall submit a formal application for retirement benefits in prescribed
proforma as above duly filled in all respects with all requisite papers for any kind of pensions
or family pension or Contributory Provident Fund cum Gratuity / Death Gratuity in case of
those employees opted for Contributory Provident Fund cum Gratuity under Death Cum
Retirement Benefit, 1981.
(4) The Sub-Inspector of Schools on receipt of the formal application for pension, shall
prepare the pension papers as specified in Forms 12, 13, 14 and 15 after due scrutiny and
verification of the service claimed and the emoluments actually drawn and forward the same
along with the original Service Book to the Pension Sanctioning Authority concerned within 3
months after the receipt of the application from the employee under sub-rule (3).
(5) The Pension Sanctioning Authority concerned shall check the pension papers and Service
Book under sub-rule (4) with reference to the Check List prescribed in Form 23 (Check List)
and shall countersign the Service Book and other forms as required above and he shall also
prepare Pension Calculation Sheet in Form 17. He shall also countersign the Initial Pay
Fixation statements of different Revision of Pay and Allowances. Within 3 months from the
date of receipt of said papers from the Sub-Inspector of Schools, the Pension Sanctioning
Authority concerned shall send the Pension papers as stated under sub-rule (4) alongwith
Service Book, Form 17 and Form 23 duly completed in all respect to the Finance Officer of the
District Primary School Council concerned for further examination.
(6) After receiving back the pension papers, if any observation or objection is made by the
Finance Officer of the District Primary School Council concerned, the Pension Sanctioning
Authority concerned shall promptly meet the observation or objection with the disposal of the
pension papers to enable the Finance Officer of the District Primary School Council concerned
to give certificate as to the correctness of the case within 3 months from the date of receipt of
the pension case from the Pension Sanctioning Authority concerned.
(7) After obtaining the prescribed certificate as to the correctness of the case from the Finance
Officer of the District Primary School Council concerned, the Pension Sanctioning Authority
concerned shall sanction pension in Form 16 and shall send all duly filled Forms, as applicable,
with the forwarding letter as in Form 18, including Service Book in original and Form 23
(Check List) to the Director of Pension. Provident Fund and Group Insurance, West Bengal
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within 3 months from the date of receipt of such papers from Finance Officer of the District
Primary School Council concerned.
Note: - There is no bar to receive service pension and family pension under theses rules if the
family pensioner's husband happens to be in military service prior to appointment as employee.
(8) If the Pension Sanctioning Authority concerned cannot sanction the pension of a employee
for whatever be the reasons he shall intimate his decision thereof to the employee concerned
within 3 months from the date of receipt of the papers as provided in sub-rule (5).
(9) Director of Pension, Provident Fund and Group Insurance shall issue the said pension
payment order within 5 months from the date of receipt of die pension papers under sub-rule
(7).
(10) Director of Pension, Provident Fund and Group Insurance shall send Pension Payment
Order (PPO) to the Pension Disbursing Officer or Treasury Officer concerned with copies to
the Pension Sanctioning Authority concerned and the retiring employee or family pensioner
within 5 months from the date of receipt from the Pension Sanctioning Authority concerned.
(11) On receipt of the Pension Payment Order (PPO). the Pension Disbursing Officer (P.D.O.) or
Treasury Officer (T.O.) concerned shall on personal appearance of the pensioner, complete
formalities as prescribed in the relevant rules and start payment of admissible retirement
benefits, from the date as mentioned in the Pension Payment Order (PPO).
(12) If the Director of Pension, Provident Fund and Group Insurance cannot issue Pension
Payment Order of an employee for whatever be the reasons, shall intimate his decision thereof
to the Pension Sanctioning Authority and the employee concerned, within 5 months from the
date of receipt of the papers as provided in sub-rule (7).
(13) The pension sanctioning authority shall sanction provisional pension, provisional
gratuity and issue Provisional Pension Payment order. The same shall be drawn and disbursed
by the Sub-Inspector of Schools concerned from concerned Treasury.
CHAPTER V
Commutation of pension
35. Commutation of pension
An employee who is eligible for the benefit of pension under these rules shall be entitled to
commute for a lump sum payment at the specified rate:
Provided that an employee shall not be entitled to commute more than 40 % of the pension
which has been or may be granted to him:
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Provided further that a employee against whom a judicial or departmental proceeding has been
instituted or continued or a pensioner against whom any such proceeding has been instituted or
continued shall not be permitted to commute any portion of his pension during the pendency of
such proceeding.
36. Application for commutation before retirement
An employee before his retirement shall make an application to the sub-inspector of Schools
concerned in Form 4 along with the application for pension under sub-rule (3) of rule 34.
37. Application for commutation after retirement
A pensioner who fails or declines to make an application for commutation of pension to the
sub-inspector of Schools concerned in Form 4 along with the application for pension under
sub-rule (3) of rule 34 the employee, may apply to the Sub-Inspector of Schools upto the age of
61 without medical examination. The pensioner shall enclose a copy of Pension Payment
Order with the application for commutation of pension.
38. Application for commutation exceeding 61 years
(1) A pensioner who fails or declines to make an application for commutation of pension to
the sub-inspector of Schools concerned in Form 4 along with the application for pension
under sub-rule (3) of rule 34. the pensioner, may apply to the Secretary. District Primary
School Council concerned at the age exceeding 61 years with medical examination in Form 10
for commutation of a portion of his pension.
(2) (a) The Pension Sanctioning Authority concerned, on receipt of application in Part I of
Form 10, acknowledge the receipt in Part II of Form 10 and despatch the same to the
applicant.
(b) the Pension Sanctioning Authority concerned shall forward in original to the Director of
Pension, Provident Fund and Group Insurance in Part III of Form 10 with the request that part
IV of that Form may be completed and returned to him as early as possible so that action for
getting the applicant examined by the appropriate medical authority can be taken.
(3) The Director of Pension and Provident Fund and Group Insurance shall, on receipt of Form
10 from the Pension Sanctioning Authority concerned complete Part IV of that Form and
transmit the same to the Competent Authority as early as possible.
(4) The Competent Authority shall, on receipt of Form 10 from the Director of Pension,
Provident Fund and Group Insurance intimate the applicant in Part V (2) of Form 10 by such
Medical Authority or Medical Boards as the Competent Authority may consider fit for
commutation and shall at the same time instruct him to appear for examination before the
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Medical Authority or Medical Board within three weeks from the date of its order, or he has
applied for Commutation in advance of the date of his retirement within three months from
the date of order but in case earlier than the date of retirement and shall supply a copy of Part
I of Form 11 to the applicant. If the applicant appears before the Medical Authority or Medical
Board, he shall be deemed to have accepted the amount authorized to be commuted.
(5) A copy of Part V(2) of Form 10, as the case may be shall be endorsed by the Director of
Pension, Provident Fund and Group Insurance to the Appropriate Medical Authority or
Medical Board through the Director of Health Services (for cases in Calcutta) or the Chief
Medical Officer of Health (for any other case) with -
(i) Part II and Part III of Form 11;
(ii) Part IV of Form 10 duly completed in original;
(iii) two copies of the applicant’s photograph of which one copy shall be attested by an
officer belonging to Group A service of the State Government.
(6) (a) If the applicant, after receipt of communication from the Competent Authority under
sub-rule (4) fails to appear for Medical examination before the Medical Authority or Medical
Board on the date and at the time communicated to him (including any change therein either
at the request of the applicant or due to administrative reasons) and there is no reasonable
ground for his failure, the Medical Authority or Medical Board shall report the fact to the
Competent Authority concerned and return to him the documents received under sub-rule
(4).
(b) With the return of documents to the Competent Authority under clause (i) the application
for commutation shall be deemed to have been withdrawn.
(7) The Director of Health Services, West Bengal or the Chief Medical Officer of Health shall, on
receipt of documents referred to in sub-para (4), shall
(a) arrange for the medical examination of the applicant by the Medical Authority at the
nearest available station from the residence of the pensioners;
(b) transmit the documents referred to in sub-para (4) to the Medical Authority with
the direction to examine the applicant;
(c) inform the applicant as to the place and date of his medical examination and direct
the Medical Authority to communicate to the applicant the time of such examination.
Note. - In fixing the date of medical examination, it shall be ensured that the medical
examination is held before the applicant’s next birthday.
(8) The Certifying Medical Authority shall, after obtaining from the applicant a statement in
Part I of Form 11 which must be signed in their presence, subject to strict examination enter
the results in Part II of Form 11 and record their opinion as to the accuracy with which the
pensioner has answered the questions in Part I of From B regarding his medical history and
habits, attest the unattested copy of the photograph of the applicant, complete the certificate
contained at the end of Part II of Form 11 and forward it to the Audit Officer, who has already
completed Part IV of Form 10, with the following documents:-
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(i) Part II or Part III of Form 11 in original;
(ii) Attested copy of applicants photograph;
(iii) Part I of Form 11 in original; and
(iv) Part IV of Form 10 duly completed in original.
(9) The Medical Authority or Medical Board shall also send to the applicant a certified copy of
Part III of Form 11 and forward a certified copy of Part III of Form 11 to the Competent
Authority who has signed Part V (1) or Part V (2) of Form 10.
(10) If the Medical Authority or Medial Board or Special Board, as the case may be directs that
his age for the purpose of commutation shall be assumed to be greater than his actual age, the
applicant may withdraw his application by written notice despatched within a period of two
weeks from the date on which he receives intimation of the finding after Medical Authority
and of the revised sum payable on communication. The Pension Sanctioning Authority shall
communicate the adverse medical report and revised sum payable as commuted value.
(11) If the applicant does not withdraw in writing his application within the said period of two
weeks, he shall be deemed to have accepted the revised sum offered.
(12) The pensioner who applied for commutation of pension within one year from the date of
his retirement shall not be subjected to medical examination for the purpose of payment of
commuted value of pension, provided this benefit shall not be admissible to the persons
retired cn ground of invalidation. Application for commutation of pension without medical
examination shall be made after the date of retirement and the commutation shall become
absolute, that is, the retired pension shall become absolute, that is, the retired person shall
become entitled to receive the commuted value of pension on the date on which his
application is received by the Competent Authority. A pensioner who has applied for
commutation of pension without medical examination shall have no option to withdraw his
application. Persons retired on ground of invalidation and those have applied for commutation
of pension after one year from the date of retirement shall be subjected to medical
examination. Such persons shall become entitled to receive the commuted value of pension on
the basis of next birth day following the date on which the medical authority signs the medical
certificate.
(13) In case of application for commutation of pension from a pensioner drawing invalid
pension, the Medical Board shall, after examination in the manner as stated above, record his
opinion in Part III of Form 11.
(14) The Medical Authority examining a pensioner applying for commutation of pension shall
be competent to charge fee at rates as prescribed by the State Government in the Health
Department.
Note. -The commuted portion of pension shall be restored to a pensioner after completion of 15
years from the date of retirement, irrespective of the date of commutation.
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CHAPTER VI
Miscellaneous
39. Transfer of pensionary benefit from one Treasury of India to another
(1) A pensioner settled outside the State of West Bengal can make an application to Director of
Pension, Provident Fund and Group Insurance, West Bengal showing sufficient cause to allow
transfer of payment from one Treasury in the Stale of West Bengal to another Treasury in
other States or Union Territories in duplicate in Form 20:
Provided that if a pensioner or family pensioner prefers payment of his pensionary benefit
outside West Bengal he may submit application to the Director of Pension, Provident Fund and
Group Insurance in duplicate in Form 21.
(2) The Director of Pension, Provident Fund and Group Insurance shall countersign and
forward the same to the Accountant General (A&E), West Bengal for issuing Special Seal
Authority to the concerned Accountant General for payment of pensioner benefits outside
West Bengal as per application under sub-rule (1).
(3) If the Pensioner or Family Pensioner prefers on a date subsequent to the first drawal of
Pensionary benefit from a Treasury in West Bengal or Pension Disbursement Office Kolkata to
draw the Pensionary benefits from a Treasury outside West Bengal he shall submit an
application in forms specified in eighth schedule before the concerned Treasury in West
Bengal or Pension Disbursement Office, Kolkata. On all the cases, recent duly attested Joint or
Single photographs, fresh specimen signature or Left Thumb Impression, are to be collected
by the respective Treasury Officer(s) or Pension Disbursement Office (PDO), Kolkata.
(4) On receipt of such application from the Pensioner or Family Pensioner the Treasury in
West Bengal or Pension Disbursement Office. Kolkata shall forward the application in Form 22
with both halves of the Pension Payment Order with last payment certificate embodied
thereon and photographs, specimen signatures etc. to the Director of Pension and Provident
Fund and Group Insurance, West Bengal for necessary authentication and placement before
the Accountant General (A&E), West Bengal for issuing specimen seal authority to the
concerned Accountant General outside West Bengal.
(5) On the receipt of both copies of P.P.O. (one copy for Treasury and other is incumbent’s
copy) with application in duplicate and the photographs, specimen signatures etc. from the
concerned Treasury or Pension Disbursement Office under sub-rule (4), the Director of
Pension, Provident Fund and Group Insurance, shall cancel both halves of P.P.O. and forward
the same to the Accountant General (A&E), West Bengal along with the single or joint
photographs, fresh specimen signature etc. and a fresh Descriptive Rolls of such Pensioners or
Family Pensioners for issue of Special Authority. The Director shall also send specimen
signature of the Audit Officer or Director. Pension, Provident Fund & group insurance. West
Bengal to the Accountant General (A&E), West Bengal. While sending both halves of P.P.O. to
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the Accountant General (A&E), West Bengal for issuance of Special Seal Authority in respect of
the first payment, the following documents are required to be submitted by The Director of
Pension, Provident Fund and Group Insurance, namely: -
(a) Last Pay Certificate;
(b) sanction of pension;
(c) amount of pension or gratuity or commuted value of pension;
(d) amount commuted and amount reduced pension;
(e) date of restoration of normal pension after commutation;
(f) name of family pensioner:
(g) date of birth in case of minor:
(h) nomination for life time arrear.
(6) While sending transfer cases to the Accountant General (A&E), West Bengal the Director of
Pension, Provident Fund And Group Insurance being the Pension Payment Order issuing
Authority is also required to get the Pension Payment Order cancelled and fresh Pension
Payment Order prepared with last payment certificates for issuance of Special Seal Authority.
In the matter of issuance of Special Seal Authority, the Accountant General (A & E), Wesl
Bengal shall act as an interface between the Director of Pension and Provident Fund and
Group Insurance, West Bengal and other States.
(7) In the cases of revision of pension the Director of Pension and Provident Fund and Group
Insurance, West Bengal shall issue revised authority as per the scheme with the counter
signature and send the same to the Accountant General (A&E), West Bengal for issuing Special
Seal Authority. In the case of Revision or Relief in pension the Director of Pension and
Provident Fund and Group Insurance shall send copy of the order granting relief of pension at
revised rates to the Accountant General (A&E), West Bengal for issue authority for payment of
relief at revised rate to the pension drawing person from other States.
(8) The pensioners or family pensioners desirous of drawing pension from outside this State
shall furnish to the concerned pension disbursing authority necessary certificates or
documents like life certificate, non-employment certificate etc. as and when required by the
said authority.
(9) Regarding accounting procedure, the amount paid by the other State Governments shall
initially be booked under ‘'8793-Inter-State Suspense Accounts with Government of West
Bengal.
(10) On receipt of clearance by R.B.I. Nagpur the same is to be kept under “8658-Suspense
Account-110-CAO RBI Suspense” as debit. On receipt of the vouchers and details from the
concerned Accountant General the amount is to be debited finally under “2071 -01 -109 -NP-
001 -V-04".
40. Application of West Bengal Service Rules
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In all matters not expressly provided for by these rules, the rules specified in the West Bengal
Service (Death-cum-Retirement Benefit) Rules, 1971 shall, in so far as they are not
inconsistent with these rules and with the Act, shall apply to the employees mutatis mutandis
subject to approval of the Government of West Bengal in the Finance Department.
41. Interpretation
If any question arises on any matter or matters relating to the interpretations to these rules, it
shall be referred to the State Government and the decision of the Slate Government thereon
shall be final.
42. Relaxation
Nothing in these rules shall be construed to limit or abridge the power of the State
Government in School Education Department to dispense with or relax with requirement of
any provisions of these rules to such extent and subject to such condition as may be
considered necessary.
43. Repeal and savings
(1) The provisions of West Bengal Recognized Non-Government Educational Institution
Employees (Death-cum-Retirement) Scheme 1981, as applicable to teachers of Primary
Schools, along with notifications, memorandum and orders published earlier relating to the
eligibility, application, admissibility of the benefits under the aforesaid West Bengal
Recognized Non-Government Educational Institution Employees (Death-cum-Retirement)
Scheme, 1981 shall be deemed to have been repealed in so far as they are repugnant to the
matters covered by these rules:
Provided that such repeal shall not affect the previous operation of die said scheme, notifications
and orders or anything done or any action taken thereunder and the benefits already granted on
the basis of the scheme, notifications, orders in force prior to coming into effect of these rules
shall not in any way be adversely affected.
(2) The Forms appended to these rules shall replace the relevant existing Forms.West Bengal Primary Education Teachers and Employees
Death cum Retirement Benefit Rules, 2008
GOVERNMENT OF WEST BENGAL
School Education Department
Bikash Bhawan, Salt Lake, Kolkata - 700 091
NOTIFICATION
No. 1467-SE(Law) PL/5S-174/07, Dt. 05.08.2008 - The following draft of rules, which the
Governor proposes to make in exercise of the power conferred by sub-section (1) of section
106, read with clause (q) of sub-section (1) of section 60 of the West Bengal Primary
Education Act, 1973 (West Ben. Act XLIII of 1973) (hereinafter referred to as the said Act) and
in supersession of all orders, schemes and notifications on the subject, is hereby published, as
required by sub-section (1) of section 106 of the said Act), for information of persons likely to
be affected thereby;
The draft shall be taken into consideration on or after the expiry of a period of thirty days
from the date of its publication and any objections or suggestions with respect thereto, which
may be received by the undersigned before the said period, shall be duly considered: -
Draft rules
CHAPTER I
Preliminary.
1. Short title
These rules may be called the West Bengal Primary Education (Teachers and Employees’
Death-cum-Retirement Benefit) Rules, 2008.
2. Application
(1) These rules shall apply to -
a) the teachers who have joined the service on or after the first day of April 1981 and
opted for pension- cum-general provident fund including family pension under West
Bengal Non-Government Aided Educational Institution Employees (Death Cum
Retirement Benefit) Scheme 1981;
b) the teachers who joined the service on any date on or after the first day of April,
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1968 and opted to come under Pension-cum-Family Pension and Gratuity under the
West Bengal Recognized Non-Government Educational School Employees (Death-cum-
Retirement Benefit) Scheme. 1981 published under Government Order No. 136-Edn
(B) dated 15.5.85 within the timeframe, as decided by Government Orders Nos. 136-
Edn (B) dated 15.05.1985, 284 Edn (B) dated 17.10.1989, 148 Edn (B) dated
31.05.1990 and 496 - Edn (B) dated 16.12.1991:
Provided that those options have duly been accepted by respective District Inspector of
Schools.
c) the approved teaching and non-teaching staff of the Government or Government
aided or sponsored Training Institutions for Primary Teachers;
d) the approved employees of District Primary School Councils or District School
Board;
e) the approved teaching and non-teaching staff of Government Sponsored Free
Primary Schools and Junior Basic or Pre-Basic or Pre-Primary or Nursery Schools taken
over from municipalities and brought under the Scheme of the West Bengal Urban
Primary Education Act, 1963 (West Ben. Act XXVIII of 1963).
(2) Subject to the provisions of Chapter III with respect to payment of Gratuity, these rules
shall not apply to the teachers of D.A. getting schools or the teachers appointed or engaged on
contract basis such as part-time teachers, para- teachers or Siksha Sahayaks and to those
teachers who have opted for Contributory Provident Fund in lieu of Pension- cum-Family
Pension.
3. Definitions
(1) In these rules, unless there is any thing repugnant in the subject or contexta)
“Act” means the West Bengal Primary Education Act, 1973 (West Ben. Act XLIII of
1973);
b) “basic pay” means the monthly pay which is drawn by an employee and which
corresponds to a stage in the time scale of pay attached to the post held by him;
c) “daughter” means daughter of an employee till she attains 25 years of age and
includes step daughter or adopted daughter of such employee till she attains 25 years
of age;
d) “Director of Pension and Provident Fund and Group Insurance” means Director of
Pension and Provident Fund and Group Insurance appointed by the Government of
West Bengal;
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e) “emoluments” means basic pay and dearness pay last drawn;
f) “employee” means and includesi)
the approved teaching and non-teaching staff of Government, or Government
aided or sponsored, Training Institutions for Primary Teachers,
ii) the approved employees of District Primary School Councils or District School
Board,
iii) the approved leaching and non-teaching staff of Government Sponsored Free
Primary Schools and Junior Basic or Pre-Basic or Pre-Primary or Nursery
Schools taken over from Municipalities and brought under the Scheme of the
West Bengal Urban Primary Education Act, 1963 (West Ben. Act XXVIII of 1963);
g) “family” includes the following relations of an employee of the Council, namely:-
i) for the purpose of death gratuity-
A) spouse of the employee,
B) son including step son/adopted son,
C) unmarried and widow and divorced daughter,
D) mother,
E) father
F) brother below the age of 25 years and unmarried or widow sister;
ii) for the purpose of family pension-
A) spouse of the employee,
B) sons including step or adopted sons,
C) unmarried or widow and divorced daughter,
D) dependent parents;
Note: - Marriage after retirement shall be recognized for the purpose of family pension;
h) “leave” means any period of leave admissible to an employee under the rules
applicable to him;
i) “pensioner" means a retired employee who is receiving pension;
j) “Primary School” means a school sponsored by Government or the schools under the
management of District Primary School Council including Siliguri or Kolkata Primary
School Council and District School Board in Darjeeling Gorkha Hill Council area;
k) “Service Book” means the documents that contain the records of service of an
employee, as specified under Government Order No.804-Edn (B) dated 19.10.1990 and
Government Order No.l980-Edn (S) dated 15.12.1971;
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l) “State Government” means the Government of West Bengal in the School Education
Department.
(2) The words and expressions used and not defined in these rules but defined in the Act shall
have the same meanings as respectively assigned to them in the Act.
CHAPTER II
Pension
4. Classification of pensions
There shall be following four classes of pensions, namely:-
(a) compensation pension;
(b) invalid pension;
(c) superannuation pension;
(d) retiring pension.
5. Eligibility for pension
(1) An employee shall be eligible to compensation pension, invalid pension or superannuation
pension, as the case may be, if he has completed at least ten years satisfactory qualifying
services.
(2) An employee shall be eligible to retiring pension if he has completed at least twenty years
satisfactory qualifying services.
3) Any service of an employee before completion of his 18 years of age shall not count as
service.
6. Compensation pension
(1) An employee is entitled to receive compensation pensionary benefits for the satisfactory
service he has rendered if he is discharged on abolition of the permanent post held by him;
Provided that an employee is not entitled to receive compensation pension or gratuity for the
service he has rendered if he accepts any other appointment where his previous service may be
counted.
(2) An employee is not entitled to receive compensation pension for loss of appointment on
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discharge after the completion of a specified term of service.
(3) An employee shall be given a notice of not less than three months before he is discharged
from the service on abolition of the post held by him:
Provided that if in any case, notice of at least three months is not given and the employee is not
offered with any employment on the date on which his service is dispensed with the sanction of
the authority competent to dispense with the service, then a gratuity, not exceeding his
emoluments for the period by which the notice actually given to him falls short of three months,
may be paid to him in addition to compensation pension but no compensation pension shall be
payable for the period for which he receives a gratuity in lieu of notice.
7. Invalid pension
(1) An employee shall be entitled to receive invalid pension if he retires from service due to
becoming permanently incapacitated on account "of physical or mental infirmity.
(2) Unless otherwise specified, an employee who applies for an invalid pension shall submit a
medical certificate from the Chief Medical Officer of Government of West Bengal in the
concerned District or from any other Medical Officers of equivalent status nominated or
specified by the state Government.
(3) While applying for invalid pension, the employee shall furnish a medical certificate in
Form 19.
(4) Invalid pension is not admissible to an employee, if the Medical Officer certifies that the
incapacity of the employee is directly due to addiction to drugs, alcohol or any other
substance.
8. Superannuation pension
Superannuation pension is granted to an employee who retires at the age of 60 years.
9. Retiring pension
A retiring pension is admissible to an employee who is allowed to retire as per his prayer after
completing at least twenty years” satisfactory qualifying services.
10. Commencement of pension
The pensions herein above referred in rules 6, 7, 8 and 9 shall commence from the date
following the date of retirement of such employee.
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11. Determination of date of birth
(1) When the year of birth of employee is known but the date of birth is not known, the first
day of July shall be deemed to be the date of birth.
(2) When only the month and year of birth of an employee are known, the 16th day of that
month shall be deemed to be the date of birth.
12. Qualifying service
(1) The continuous satisfactory service of a whole time approved employee in any educational
Institution, shall count as qualifying service:
Provided that the service rendered before completion of 18 years shall not be counted as service:
Provided further that the service rendered by an employee in an unrecognized school or in a D.A.
getting school shall not be counted:
Provided also that the service rendered by an employee under the Central or in any State
Government or union territories shall count for determining qualifying services.
(2) Approved temporary service including approved service on leave or deputation vacancy in
one or more schools shall be counted towards pension, subject to the fulfillment of other
conditions for grant of pensions.
(3) All periods of authorized leave, other than extra-ordinary leave without pay, shall be
counted as qualifying service:
Provided that the service rendered by an employee under State Government shall be counted for
determining qualifying service:
Provided further that extra-ordinary leave granted other than on medical ground shall be also
counted towards calculating qualifying services if such leave is granted due to the employee’s
inability to join or rejoin duty on account of civil disturbance declared by the state government
or for pursuing higher studies in relation to his teaching subject in school with prior permission
from District Inspector of Schools concerned.
(4) Period of suspension fol lowed by reinstatement shall be counted as qualifying service if
such period is treated, by order, as duty by the competent authority.
(5) The period between the date of dismissal or removal and the date of reinstatement shall
be counted as qualifying service only if the appointing authority, by order, treats that period as
on duty or leave other than extra-ordinary leave.
(6) Vacations shall be counted as qualifying service if an employee is present on both the
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closing and re-opening dates and if on leave on either of the dates, the absence is regularized
by sanction of leave by the competent authority.
(7) Qualifying services for pension shall be counted upto the age of superannuation or the
date preceding the date of voluntary retirement.
(8) Period of absence under duress as declared by Government Order No.l071-Edn (S), dated
19.8.1977 and Government Order No. 477-Edn (S) dated 16.8.1980 (read with any subsequent
orders to the same effect) issued by Stale Government shall be counted as qualifying service.
(9) Any period of services not covered under sub-rules (1) to (8) shall not count as qualifying
service.
13. Effect of dismissal or removal or resignation
When an employee is dismissed or removed from service or when he resigns from the post,
the service rendered by him shall stand forfeited and such employee is not entitled to receive
pension.
14. Date of retirement
(1) When an employee is required to retire on attaining a specific age, the date on which he
attains that age, shall be reckoned as a working day and the employee shall retire with effect
from the afternoon of that day.
(2) If the date of retirement on superannuation of an employee falls on any date other than the
first day of the month, he shall be allowed to retire on the last day (afternoon) of the month.
(3) If the date of retirement on superannuation of an employee falls on the first day of a
month, he shall be allowed to retire on the last day (afternoon) of the preceding month.
15. Pension sanctioning authority
The Secretary of the District Primary School Council concerned shall be the pension
sanctioning authority under these rules.
16. Rate of pension
(1) The amount of pension shall be determined at the rate of 50% of last pay drawn in all
cases to an employee who has completed at least 33 years satisfactory qualifying services:
Provided that an employee, who at the time of retirement has rendered satisfactory qualifying
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service of 10 years or more but less than 33 years the amount of his pension shall be of such
proportion of the maximum admissible pension as the qualifying services rendered by him.
(2) The maximum or minimum monthly amount of pension in favour of a pensioner shall not
exceed or not be less than the sum as may be fixed from time to time by the State Government.
(3) In addition to pensions determined under sub-rule (1), the pensioner is entitled to relief as
admissible to the State Government pensioners from time to time.
(4) Subject to the other provisions of these rules the amount of monthly pension payable
monthly shall be expressed as a whole of a rupee and where the pension calculated according
to these rules contains a fraction of rupee, it shall be rounded off to the next higher rupee.
(5) A pension admissible to an employee shall be fixed and paid in Indian rupee and in India.
(6) Where the service of an employee has not been thoroughly satisfactory, the pension
sanctioning authority may make such reduction in the amount as it thinks fit.
(7) The proportionate reduction in the amount of pension under these rules should be to the
extent by which the employee’s service as a whole has failed to reach a thoroughly satisfactory
standard.
(8) The service of an employee against whom a charge of corruption has been initiated
through proceedings cannot be considered to be satisfactory.
(9) Final pension, gratuity etc., shall not be sanctioned to an employee against whom
departmental or judicial proceedings have been instituted or pending.
(10) In case of misconduct of the pensioner, the pension sanctioning authority shall have the
power to withhold pension or reduce the amount of pension.
17. The rate of dearness pension
The amount of dearness pension shall be determined at the rate of 50% of the dearness pay
(the part of dearness allowance merged with pay is treated as dearness pay) drawn last in all
cases to an employee who has completed at least 33 years satisfactory qualifying services:
Provided that for an employee who at the time of retirement has rendered satisfactory qualifying
service of 10 years or more but less than 33 years, the amount of his dearness pension shall be of
such proportion of the maximum admissible dearness pension as the qualifying service rendered
by him is in proportion to the maximum admissible length of service qualifying for pension:
Provided further that no part of dearness pension shall be allowed to be commuted before or
after retirement with or without medical examination by any employee under any
circumstances.
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18. Provisional Pension
(1) Where any departmental or judicial proceeding is instituted or pending against an
employee who is allowed to retire on attaining the age of superannuation or otherwise, he
shall be paid a provisional pension following his prayer during the period commencing from
the date of his retirement to the date on which the final orders are passed by the appropriate
authority on such proceeding.
(2) Where an employee who is allowed to retire on attaining the age of superannuation but
whose pension has not been sanctioned by the Pension Sanctioning Authority for want of his
necessary service records, shall be paid provisional pension following his prayers.
(3) The amount of provisional pension shall not exceed the sum total of maximum amount of
pension and the maximum amount of dearness pension, which would have been admissible to
an employee on the basis of his qualifying services up to the date of retirement, or if he was
under suspension on the date of retirement upto the date immediately preceding the dale on
which he was placed on suspension.
(4) Payment of the provisional pension shall be adjusted against the final retirement benefits
sanctioned to such employee up to conclusion of the aforesaid proceeding but no recovery
shall be made where the pension finally sanctioned is less than the provisional pension or the
pension is reduced or withheld either permanently or for a specified period.
(5) In no case the provisional pension, referred to in sub-rule (1), shall be paid beyond a
period of 12 months from the date of retirement. During sanction of provisional pension
under the rules, report on admissibility of pension is required to be obtained from the
Director of Pension, Provident Fund and Group Insurance, West Bengal. No Gratuity or death
cum retirement gratuity shall be paid to him until the conclusion of such proceedings and the
issue of final orders thereon. Such provisional pension shall be subject to adjustment against
the amount of pension including gratuity or by short payment of pension. All outstanding dues
shall be adjusted in the same manner as above.
19. Right to withhold pension in certain cases
(1) The pension of an employee may be withheld in whole or in part under an order of the
pension sanctioning authority, passed not later than 3 years after the date of retirement to
meet any sum due under the liability incurred by such employee to the government.
(2) The pension sanctioning authority reserves to himself the right of withholding or
withdrawing a pension or any part of it whether permanently or for a specified period, and
the right of ordering recovery from the pension relief of the whole or part of any pecuniary
loss caused to Government, if the person is found to have been guilty of grave misconduct or
negligence during the period of his service, including service rendered on reemployment after
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retirement:
Provided that such proceedings by Managing committee if instituted while the employee was in
service whether before his retirement or during reemployment, shall after the final retirement of
the employee be deemed to be a proceeding under this article and shall be continued and
concluded by the authority by which it was commenced in the same manner as if the employee
had continued in service:
Provided further that such proceedings, if not instituted while the employee was in service,
whether before his retirement or during reemployment shall not be instituted save with the
sanction of Secretary of the Department and shall not be in respect of any event which took place
more than 3 years before such institution.
(3) An employee who retires from service but against whom criminal proceedings involving
moral turpitude is pending in a court of law shall not be sanctioned any pension until the
termination of the criminal proceedings:
Provided that an interim allowance not exceeding two thirds of the pension that would have
been admissible but for the criminal proceedings may be granted during the pendency of such
proceedings in case of hardship.
Provided further that if he is convicted on a criminal charge involving moral turpitude he shall
not be entitled to any pension but a compassionate allowance may be granted to him and this
shall not exceed two third of the pension which would have been admissible to him if he had
retired on medical certificate.
Provided also that interim allowance or compassionate allowance, as the case may be, can be
sanctioned only after obtaining an admissibility report from Director of Pension, Provident Fund
and Group Insurance. West Bengal:
Provided also that no such judicial proceedings if, not instituted while the employee was in
service, whether before his retirement or during re-employment shall be instituted in respect of a
cause of action which arose, or an event which took place more than 3 years before such
institution.
Explanation I. - For the purpose of this rule a departmental proceeding shall be deemed to have
been instituted on a date on which the charge sheet or statement of chargcs is issued to the
pensioner or if the employee or an employee has been placed on suspension from an earlier date,
on such date.
Explanation II. - For the purpose of this rule a judicial proceedings shall be deemed to have been
instituted -
(a) in the case of criminal proceeding, on the date on which the complaint or report of the
police officer, on which the magistrate takes cognizance is made, and
(b) in the case of civil proceedings, on the date, on which the plaint is presented or as the
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case may be, an application is made to the civil court.
(4) Where any departmental or judicial proceeding is instituted against an employee who has
retired on attaining the age of retirement or otherwise, he shall be paid during the period,
commencing from his retirement to the date on which, upon conclusion of such proceedings
final orders are passed, a provisional pension not exceeding the maximum pension which
would have been admissible on the basis of his qualifying service upto the date of retirement
or if he was under suspension, for the period between the date of his joining to the date
immediately preceding the date of suspension, but no gratuity or death cum retirement
gratuity shall be paid to him until the conclusion of such proceeding and the issue of final
orders there on.
(5) Payment of provisional pension made under clause (4) shall be adjusted against the final
retirement benefit sanctioned to such an employee upon conclusion of aforesaid proceeding
but no recovery shall be made where pension finally sanctioned is less than provisional
pension or the pension is reduced or withheld either permanently or for a specified period.
20. Withholding of pension and dearness pension in case of convictions
and misconduct
(1) The Pension Sanctioning Authority shall by order, in writing, withhold or withdraw a
pension or a part thereof whether permanently or for a specific period, if the pensioner is
convicted of criminal offence serious in nature or is found guilty of grave misconduct.
(2) Where a pensioner is convicted of criminal offence serious in nature by a court of law,
action under sub-rule (1) shall be taken in the light of the judgement of the Court relating to
such conviction.
(3) In the context of a case not falling under sub-rule (2). if the pension sanctioning authority
under the sub-rule (1) considers that the pensioner is prima-facie guilty of grave misconduct,
it shall, before passing an order under sub-rule (1), serve upon the petitioner a notice
specifying the action proposed to be taken 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
pension sanctioning authority, such representation as he may wish to make against the
proposal and such representation shall be considered by the pension sanctioning authority
while withholding the pension under sub-rule (1).
(4) An appeal against an order under sub-rule (1) shall be made to the Secretary, School
Education Department, Government of West Bengal.
21. Recovery of dues before sanctioning pension
(1) When a retiring employee does not clear government dues and these are ascertainable, an
equivalent cash deposit or refund may be taken from him or may be deducted out of gratuity
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payable to him before releasing his final pension or gratuity.
(2) If any of the Government dues remain unassessed for any reason the retiring employee
may be asked to furnish a suitable bond or a part of gratuity not exceeding the estimated
outstanding dues plus 25 % there of may be withheld (subject to maximum of 10%) and
balance may be released to him.
(3) Government dues remaining unrealized and other dues revealed within a period not
exceeding six months from the date of retiring of the employee, shall, however, be reckonable
from the pensioner by adjusting with dearness pension or dearness relief admissible.
CHAPTER III
Gratuity
1. Gratuity
(1) For a service of 10 years or more, an employee is entitled to retiring gratuity at the rate of
one -fourth of his for each completed six monthly period of satisfactory qualifying service,
subject to a maximum of 16 1/2 months emoluments as fixed by the Government. For service
of less than 10 years but more than at least 1 year, the rate of gratuity is 1/2 month’s
emoluments reckonable for pension for every completed six monthly period of service. The
maximum amount is however Rs. 2,50,000/- :
Provided that the period of satisfactory qualifying exceeding 33 years shall not be counted.
(2) No gratuity shall be paid to an employee against whom a departmental or judicial
proceeding is instituted or pending, until the conclusion of such proceeding and the issue of
final order.
(3) While calculating the amount of death or retirement Gratuity, Dearness pay and Dearness
Allowances drawn immediately before death or retirement shall be taken into account in
addition to Basic Pay last drawn.
23. Provisional gratuity
An employee whose gratuity is not sanctioned for the reasons as stated in sub-rule (2) of rule
22, provisional gratuity, after withholding of 10 per cent or Rs. 10, 000/- of the provisional
gratuity, whichever is less should be sanctioned to the retiring employee by Pension
Sanctioning Authority concerned subject to the furnishing a written undertaking by the
pensioner concerned.
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CHAPTER IV
Provisions relating to death gratuity and family pension.
24. Death gratuity
In the event of death in harness, the death gratuity shall be admissible at such rates as
mentioned in table below:-
Table
Length of qualifying service Rate of death gratuity
(a) Less than one year 2 times of the amount reckonable as Gratuity
(b) One year or more but less than 5 6 times of the amount reckonable as Gratuity
(c) 5 years or more but less than 20 years 12 times of the amount reckonable as Gratuity
(d) 20 years or more Half of the amount reckonable for Gratuity for
every completed 6 monthly period of qualifying
service, subject to maximum of 33 times of the
amount reckonable for Gratuity.
In no case the amount shall exceed Rs. 2,50,000/-
25. Nomination
(1) Any employee to whom these rules apply shall make a nomination in writing in the
appropriate form conferring on one or more persons the right to receive the retiring gratuity
or death gratuity that may be sanctioned under these rules.
(2) The concerned employee as well as the heads of offices shall follow the following
nomination procedure: —
(a) every whole time and regular West Bengal Recognized Non-Government
Educational Institution Employees and teachers shall execute nomination in the proper
form as prescribed under these rules just after his joining the service or as soon as his
or her services are made whole time and regular;
(b) it shall be the duty of every head of office to supply necessary Form of nomination
for West Bengal Primary Teachers’ Death Cum Retirement Benefit Rules to every whole
time and regular employee on the very date of his joining service or on the date in
which the employee is brought under whole time and regular service;
(c) on receiving the nomination Form from the employee concerned, the same should
be pasted in the service Book after it is duly countersigned by the head of the office as
required under these rules;
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(d) the statement of family should be obtained just after the employee completes one
year’s service and the same should be pasted in the Service Book. It shall be incumbent
upon the employee concerned to report to the head of the office, in writing, any
omission or addition that may occur subsequently in order to keep the statement of
family members updated;
(e) if an employee has a family, the nomination shall not be in favour of any person or
persons other than the member of his family. If an employee nominates more than one
person, he shall specify in the nomination Form the amount or share payable to each of
the nominee in such manner as to cover the whole amount of gratuity.
26. Family pension
(1) Family pension is admissible to the members of the family of an employee who dies while
in service after rendering at least one year’s service.
(2) The benefit shall also be admissible in case of death of an employee after retirement if at
the time of death he was in receipt of compensation, invalid, retiring or superannuation
pension.
27. Family pension at normal rate
The rate of family pension admissible to the members of the family of an employee shall be
30% of pay (basic pay) drawn last actually or notionally:
Provided that maximum and the minimum amount of family pension shall be fixed by orders of
the State Government from time to time.
28. Family pension at enhanced rate
(1) In the event of death of an employee while in service, the enhanced rate of family pension
may be admissible:
Provided that the employee concerned has rendered, not less than 7 years continuous service,
prior to his death:
Provided further that the family pension at enhanced rate is payable for, a period of 7 years from
the day following the date of death or till the date on which the employee concerned would have
attained the age of 65 years had he survived, whichever period is less.
(2) In the event of death after retirement, the family pension at enhanced rale shall be payable
up to the date on which the deceased employee concerned would have attained the age of 65
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years had he survived or for 7 years, whichever period is less and after the period of family
pension at enhanced rate is over, family pension at normal rate shall commence.
(3) The amount of family pension at enhanced rate payable under these rules shall be
calculated in the following manner:-
(a) 50% of the last basic pay of the deceased employee:
(b) two times of family pension as per last basic pay;
(c) amount of pension in case of pensioner (in case of died in harness this point should
not be filled).
(4) The amount whichever is the lowest amongst clauses (a), (b) and (c) of sub-rule (3) shall
be taken into consideration for payment of family pension at enhanced rale.
29. Period during which family pension is admissible
Subject to the following conditions, the family pension shall be admissible -
(a) in the case of widow or widower up to the date of death of such widow or widower or remarriage
of such widow, whichever is earlier;
(b) in the case of son, until he attains the age of 25 years;
(c) in the case of unmarried daughter, till she attains the age of 25 years or marriage
whichever is earlier;
(d) in the case of dependent parents up to the date of their death or re-marriage, whichever is
earlier.
Note. - Where an employee is survived by more than one widow, the family pension shall be paid
to them in equal shares. This shall not be applicable in cases where bigamy is barred by statutes
and personal law. On the death of the widow, her share of the pension shall become payable to
her eligible minor children. If at the time of her death a widow leaves no eligible minor child, the
payment of her share of the pension shall cease.
30. Grant of family pension to dependent disabled son(s) or daughter(s)
of the Deceased Pensioner:-
Where a deceased pensioner’s son or unmarried or widowed daughter, who is suffering from
any mental disorder or disability of mind or is physically disabled so as to prevent him or her
to earn his or her living even after attaining the age of 25 years, shall be paid family pension
during his or her lifetime subject to the following conditions:-
(a) if such son or daughter is one among two, or more of the pensioner, the family pension
shall be initially payable to the minor children, in the case of minor son until he attains the age
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of 25 years and in the case of unmarried daughter until she attains the age 25 years or
marriage which ever is earlier, as the case may be, and thereafter the family pension shall be
resumed in favour of the son or daughter suffering from disorder or disability of mind or who
is physically crippled or disabled and shall be payable to him for life;
(b) if there are more than one such son or daughter suffering from mental disorder or
disability of mind or who arc physically disabled, the family pension shall be payable in the
order of their birth and the younger shall get the family pension only after the elder next
above him ceases to be eligible. When the family pension is payable to twin children, it shall be
paid to such twin children in equal shares, provided when one such child ceases to be eligible,
his share shall revert to the other and when both of them cease to be eligible the family
pension shall be payable to the next eligible single child or twin children;
(c) the family pension shall be paid to such son or daughter through the guardian as if he is a
minor; production of guardianship certificate is not necessary where such child has attained
the age of majority;
(d) before allowing the family pension for life to any such son or daughter, the sanctioning
authority shall satisfy that the disability is of such a nature as to prevent him or her from
earning his or her livelihood and the same shall be evidenced by a certificate obtained from a
medical officer not below the rank of a Sub- Divisional Medical Officer, stating, as far as
practicable, the Mental or Physical condition of such son or daughter;
(e) the person receiving the family pension as guardian of such son or daughter shall produce
once in every year a certificate from a Medical Officer not below the rank of Sub-Divisional
Medical Officer to the effect that he or she continues to suffer from mental disorder or
disability of mind or continues to be physically disabled;
Provided that such son or daughter is not in receipt of any kind of pension whatsoever from any
Government or Government Undertaking etc. on account of such disability:
Provided further that in case of disability of permanent in nature certified as non-recoverable. or
incurable, the production of certificates for every three years may be done away with.
31. Date of effect of family pension
A family pension shall take effect from the day following die death of an employee or
pensioner.
32. Family pension payable to one member of the family
(1) Subject to the provision contained in the note under rule 29, the family pension sanctioned
under these rules shall not be payable to more than one members of the employee’s family at
the same time. It shall first be admissible to the widow or widower and on the death of such
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widow or widower to the first eldest minor daughter, thereafter next minor daughter
according to seniority and when there shall be no minor daughter, the eldest minor son and so
on and thereafter to mother and lastly to father. Payments to minor shal I be made through
natural or legal guardian.
Note: - Payment of family pension shall not be any bar if at the time of entitlement, the widow or
widower or unmarried daughter or son happens to be employed anywhere.
33. Family pension and retirement benefits against disappeared
employee
(1) When an employee disappears leaving his family, admissible retirement benefits may be
granted to his eligible members of the family as mentioned under rule 28.
(2) On receipt of such application along with documents as may be necessary subject to
fulfilment of the following conditions:-
(a) the family must lodge a report with the concerned police station and obtain a report from
the Officer-in- Charge of such Police Station to the effect that the incumbent could not be
traced out in spite of efforts made by the police.
(b) an indemnity bond should be taken from the family pensioner concerned to the effect that
all payments received from the Government shall be refunded to the Government in the event
the missing person reappears and claims his dues.
(3) All Government dues outstanding against the employee shall be recovered from the relief
on pension.
(4) The family concerned shall apply to the Secretary, District Primary School Council
concerned for grant of family pension after one year from the date of disappearance of the
employee.
(5) The Pension Sanctioning Authority concerned shall make proper scrutiny of the
application received under sub-rule (3) and if it found proper, he shall recommend it to the
Director of School Education, West Bengal and the Director of School Education in his turn
shall toward the case with his comments to the Slate Government.
34. Procedure for payment of retirement benefits
(1) (a) The Sub-Inspector of Schools concerned shall prepare a list as shown in Form 1 every
six months, i.e. on the 1st January and the 1st July each year of all employees who are to retire
within the next 30 months of that date.
(b) A copy of every such list shall be sent to the Director of Pension, Provident Fund and Group
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Insurance, not later than the 31st January or the 31st July as the case may be, of that year. In
case of the persons retiring for reasons other than by way of superannuation, the Sub-
Inspecor of Schools concerned shall promptly inform the Director of Pension, Provident Fund
and Group Insurance.
(2) The Sub-Inspector of Schools concerned shall send a notice specified in Form 2 to the
employee who is to retire on superannuation within the next 24 months.
(3) An employee, who is eligible for pension under these rules, shall submit to the Sub-
Inspector of Schools concerned a formal application for pension in Form 3 as specified in third
schedule duly filled in all respects along with other papers as specified in Form Nos. 4,5,6,7,8
and 9 positively 18 months in advance of his retirement on superannuation. It is to be noted
that the retirement benefit can only be obtained when the retiring or retired employee or
family pensioner shall submit a formal application for retirement benefits in prescribed
proforma as above duly filled in all respects with all requisite papers for any kind of pensions
or family pension or Contributory Provident Fund cum Gratuity / Death Gratuity in case of
those employees opted for Contributory Provident Fund cum Gratuity under Death Cum
Retirement Benefit, 1981.
(4) The Sub-Inspector of Schools on receipt of the formal application for pension, shall
prepare the pension papers as specified in Forms 12, 13, 14 and 15 after due scrutiny and
verification of the service claimed and the emoluments actually drawn and forward the same
along with the original Service Book to the Pension Sanctioning Authority concerned within 3
months after the receipt of the application from the employee under sub-rule (3).
(5) The Pension Sanctioning Authority concerned shall check the pension papers and Service
Book under sub-rule (4) with reference to the Check List prescribed in Form 23 (Check List)
and shall countersign the Service Book and other forms as required above and he shall also
prepare Pension Calculation Sheet in Form 17. He shall also countersign the Initial Pay
Fixation statements of different Revision of Pay and Allowances. Within 3 months from the
date of receipt of said papers from the Sub-Inspector of Schools, the Pension Sanctioning
Authority concerned shall send the Pension papers as stated under sub-rule (4) alongwith
Service Book, Form 17 and Form 23 duly completed in all respect to the Finance Officer of the
District Primary School Council concerned for further examination.
(6) After receiving back the pension papers, if any observation or objection is made by the
Finance Officer of the District Primary School Council concerned, the Pension Sanctioning
Authority concerned shall promptly meet the observation or objection with the disposal of the
pension papers to enable the Finance Officer of the District Primary School Council concerned
to give certificate as to the correctness of the case within 3 months from the date of receipt of
the pension case from the Pension Sanctioning Authority concerned.
(7) After obtaining the prescribed certificate as to the correctness of the case from the Finance
Officer of the District Primary School Council concerned, the Pension Sanctioning Authority
concerned shall sanction pension in Form 16 and shall send all duly filled Forms, as applicable,
with the forwarding letter as in Form 18, including Service Book in original and Form 23
(Check List) to the Director of Pension. Provident Fund and Group Insurance, West Bengal
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within 3 months from the date of receipt of such papers from Finance Officer of the District
Primary School Council concerned.
Note: - There is no bar to receive service pension and family pension under theses rules if the
family pensioner's husband happens to be in military service prior to appointment as employee.
(8) If the Pension Sanctioning Authority concerned cannot sanction the pension of a employee
for whatever be the reasons he shall intimate his decision thereof to the employee concerned
within 3 months from the date of receipt of the papers as provided in sub-rule (5).
(9) Director of Pension, Provident Fund and Group Insurance shall issue the said pension
payment order within 5 months from the date of receipt of die pension papers under sub-rule
(7).
(10) Director of Pension, Provident Fund and Group Insurance shall send Pension Payment
Order (PPO) to the Pension Disbursing Officer or Treasury Officer concerned with copies to
the Pension Sanctioning Authority concerned and the retiring employee or family pensioner
within 5 months from the date of receipt from the Pension Sanctioning Authority concerned.
(11) On receipt of the Pension Payment Order (PPO). the Pension Disbursing Officer (P.D.O.) or
Treasury Officer (T.O.) concerned shall on personal appearance of the pensioner, complete
formalities as prescribed in the relevant rules and start payment of admissible retirement
benefits, from the date as mentioned in the Pension Payment Order (PPO).
(12) If the Director of Pension, Provident Fund and Group Insurance cannot issue Pension
Payment Order of an employee for whatever be the reasons, shall intimate his decision thereof
to the Pension Sanctioning Authority and the employee concerned, within 5 months from the
date of receipt of the papers as provided in sub-rule (7).
(13) The pension sanctioning authority shall sanction provisional pension, provisional
gratuity and issue Provisional Pension Payment order. The same shall be drawn and disbursed
by the Sub-Inspector of Schools concerned from concerned Treasury.
CHAPTER V
Commutation of pension
35. Commutation of pension
An employee who is eligible for the benefit of pension under these rules shall be entitled to
commute for a lump sum payment at the specified rate:
Provided that an employee shall not be entitled to commute more than 40 % of the pension
which has been or may be granted to him:
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Provided further that a employee against whom a judicial or departmental proceeding has been
instituted or continued or a pensioner against whom any such proceeding has been instituted or
continued shall not be permitted to commute any portion of his pension during the pendency of
such proceeding.
36. Application for commutation before retirement
An employee before his retirement shall make an application to the sub-inspector of Schools
concerned in Form 4 along with the application for pension under sub-rule (3) of rule 34.
37. Application for commutation after retirement
A pensioner who fails or declines to make an application for commutation of pension to the
sub-inspector of Schools concerned in Form 4 along with the application for pension under
sub-rule (3) of rule 34 the employee, may apply to the Sub-Inspector of Schools upto the age of
61 without medical examination. The pensioner shall enclose a copy of Pension Payment
Order with the application for commutation of pension.
38. Application for commutation exceeding 61 years
(1) A pensioner who fails or declines to make an application for commutation of pension to
the sub-inspector of Schools concerned in Form 4 along with the application for pension
under sub-rule (3) of rule 34. the pensioner, may apply to the Secretary. District Primary
School Council concerned at the age exceeding 61 years with medical examination in Form 10
for commutation of a portion of his pension.
(2) (a) The Pension Sanctioning Authority concerned, on receipt of application in Part I of
Form 10, acknowledge the receipt in Part II of Form 10 and despatch the same to the
applicant.
(b) the Pension Sanctioning Authority concerned shall forward in original to the Director of
Pension, Provident Fund and Group Insurance in Part III of Form 10 with the request that part
IV of that Form may be completed and returned to him as early as possible so that action for
getting the applicant examined by the appropriate medical authority can be taken.
(3) The Director of Pension and Provident Fund and Group Insurance shall, on receipt of Form
10 from the Pension Sanctioning Authority concerned complete Part IV of that Form and
transmit the same to the Competent Authority as early as possible.
(4) The Competent Authority shall, on receipt of Form 10 from the Director of Pension,
Provident Fund and Group Insurance intimate the applicant in Part V (2) of Form 10 by such
Medical Authority or Medical Boards as the Competent Authority may consider fit for
commutation and shall at the same time instruct him to appear for examination before the
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Medical Authority or Medical Board within three weeks from the date of its order, or he has
applied for Commutation in advance of the date of his retirement within three months from
the date of order but in case earlier than the date of retirement and shall supply a copy of Part
I of Form 11 to the applicant. If the applicant appears before the Medical Authority or Medical
Board, he shall be deemed to have accepted the amount authorized to be commuted.
(5) A copy of Part V(2) of Form 10, as the case may be shall be endorsed by the Director of
Pension, Provident Fund and Group Insurance to the Appropriate Medical Authority or
Medical Board through the Director of Health Services (for cases in Calcutta) or the Chief
Medical Officer of Health (for any other case) with -
(i) Part II and Part III of Form 11;
(ii) Part IV of Form 10 duly completed in original;
(iii) two copies of the applicant’s photograph of which one copy shall be attested by an
officer belonging to Group A service of the State Government.
(6) (a) If the applicant, after receipt of communication from the Competent Authority under
sub-rule (4) fails to appear for Medical examination before the Medical Authority or Medical
Board on the date and at the time communicated to him (including any change therein either
at the request of the applicant or due to administrative reasons) and there is no reasonable
ground for his failure, the Medical Authority or Medical Board shall report the fact to the
Competent Authority concerned and return to him the documents received under sub-rule
(4).
(b) With the return of documents to the Competent Authority under clause (i) the application
for commutation shall be deemed to have been withdrawn.
(7) The Director of Health Services, West Bengal or the Chief Medical Officer of Health shall, on
receipt of documents referred to in sub-para (4), shall
(a) arrange for the medical examination of the applicant by the Medical Authority at the
nearest available station from the residence of the pensioners;
(b) transmit the documents referred to in sub-para (4) to the Medical Authority with
the direction to examine the applicant;
(c) inform the applicant as to the place and date of his medical examination and direct
the Medical Authority to communicate to the applicant the time of such examination.
Note. - In fixing the date of medical examination, it shall be ensured that the medical
examination is held before the applicant’s next birthday.
(8) The Certifying Medical Authority shall, after obtaining from the applicant a statement in
Part I of Form 11 which must be signed in their presence, subject to strict examination enter
the results in Part II of Form 11 and record their opinion as to the accuracy with which the
pensioner has answered the questions in Part I of From B regarding his medical history and
habits, attest the unattested copy of the photograph of the applicant, complete the certificate
contained at the end of Part II of Form 11 and forward it to the Audit Officer, who has already
completed Part IV of Form 10, with the following documents:-
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(i) Part II or Part III of Form 11 in original;
(ii) Attested copy of applicants photograph;
(iii) Part I of Form 11 in original; and
(iv) Part IV of Form 10 duly completed in original.
(9) The Medical Authority or Medical Board shall also send to the applicant a certified copy of
Part III of Form 11 and forward a certified copy of Part III of Form 11 to the Competent
Authority who has signed Part V (1) or Part V (2) of Form 10.
(10) If the Medical Authority or Medial Board or Special Board, as the case may be directs that
his age for the purpose of commutation shall be assumed to be greater than his actual age, the
applicant may withdraw his application by written notice despatched within a period of two
weeks from the date on which he receives intimation of the finding after Medical Authority
and of the revised sum payable on communication. The Pension Sanctioning Authority shall
communicate the adverse medical report and revised sum payable as commuted value.
(11) If the applicant does not withdraw in writing his application within the said period of two
weeks, he shall be deemed to have accepted the revised sum offered.
(12) The pensioner who applied for commutation of pension within one year from the date of
his retirement shall not be subjected to medical examination for the purpose of payment of
commuted value of pension, provided this benefit shall not be admissible to the persons
retired cn ground of invalidation. Application for commutation of pension without medical
examination shall be made after the date of retirement and the commutation shall become
absolute, that is, the retired pension shall become absolute, that is, the retired person shall
become entitled to receive the commuted value of pension on the date on which his
application is received by the Competent Authority. A pensioner who has applied for
commutation of pension without medical examination shall have no option to withdraw his
application. Persons retired on ground of invalidation and those have applied for commutation
of pension after one year from the date of retirement shall be subjected to medical
examination. Such persons shall become entitled to receive the commuted value of pension on
the basis of next birth day following the date on which the medical authority signs the medical
certificate.
(13) In case of application for commutation of pension from a pensioner drawing invalid
pension, the Medical Board shall, after examination in the manner as stated above, record his
opinion in Part III of Form 11.
(14) The Medical Authority examining a pensioner applying for commutation of pension shall
be competent to charge fee at rates as prescribed by the State Government in the Health
Department.
Note. -The commuted portion of pension shall be restored to a pensioner after completion of 15
years from the date of retirement, irrespective of the date of commutation.
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CHAPTER VI
Miscellaneous
39. Transfer of pensionary benefit from one Treasury of India to another
(1) A pensioner settled outside the State of West Bengal can make an application to Director of
Pension, Provident Fund and Group Insurance, West Bengal showing sufficient cause to allow
transfer of payment from one Treasury in the Stale of West Bengal to another Treasury in
other States or Union Territories in duplicate in Form 20:
Provided that if a pensioner or family pensioner prefers payment of his pensionary benefit
outside West Bengal he may submit application to the Director of Pension, Provident Fund and
Group Insurance in duplicate in Form 21.
(2) The Director of Pension, Provident Fund and Group Insurance shall countersign and
forward the same to the Accountant General (A&E), West Bengal for issuing Special Seal
Authority to the concerned Accountant General for payment of pensioner benefits outside
West Bengal as per application under sub-rule (1).
(3) If the Pensioner or Family Pensioner prefers on a date subsequent to the first drawal of
Pensionary benefit from a Treasury in West Bengal or Pension Disbursement Office Kolkata to
draw the Pensionary benefits from a Treasury outside West Bengal he shall submit an
application in forms specified in eighth schedule before the concerned Treasury in West
Bengal or Pension Disbursement Office, Kolkata. On all the cases, recent duly attested Joint or
Single photographs, fresh specimen signature or Left Thumb Impression, are to be collected
by the respective Treasury Officer(s) or Pension Disbursement Office (PDO), Kolkata.
(4) On receipt of such application from the Pensioner or Family Pensioner the Treasury in
West Bengal or Pension Disbursement Office. Kolkata shall forward the application in Form 22
with both halves of the Pension Payment Order with last payment certificate embodied
thereon and photographs, specimen signatures etc. to the Director of Pension and Provident
Fund and Group Insurance, West Bengal for necessary authentication and placement before
the Accountant General (A&E), West Bengal for issuing specimen seal authority to the
concerned Accountant General outside West Bengal.
(5) On the receipt of both copies of P.P.O. (one copy for Treasury and other is incumbent’s
copy) with application in duplicate and the photographs, specimen signatures etc. from the
concerned Treasury or Pension Disbursement Office under sub-rule (4), the Director of
Pension, Provident Fund and Group Insurance, shall cancel both halves of P.P.O. and forward
the same to the Accountant General (A&E), West Bengal along with the single or joint
photographs, fresh specimen signature etc. and a fresh Descriptive Rolls of such Pensioners or
Family Pensioners for issue of Special Authority. The Director shall also send specimen
signature of the Audit Officer or Director. Pension, Provident Fund & group insurance. West
Bengal to the Accountant General (A&E), West Bengal. While sending both halves of P.P.O. to
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the Accountant General (A&E), West Bengal for issuance of Special Seal Authority in respect of
the first payment, the following documents are required to be submitted by The Director of
Pension, Provident Fund and Group Insurance, namely: -
(a) Last Pay Certificate;
(b) sanction of pension;
(c) amount of pension or gratuity or commuted value of pension;
(d) amount commuted and amount reduced pension;
(e) date of restoration of normal pension after commutation;
(f) name of family pensioner:
(g) date of birth in case of minor:
(h) nomination for life time arrear.
(6) While sending transfer cases to the Accountant General (A&E), West Bengal the Director of
Pension, Provident Fund And Group Insurance being the Pension Payment Order issuing
Authority is also required to get the Pension Payment Order cancelled and fresh Pension
Payment Order prepared with last payment certificates for issuance of Special Seal Authority.
In the matter of issuance of Special Seal Authority, the Accountant General (A & E), Wesl
Bengal shall act as an interface between the Director of Pension and Provident Fund and
Group Insurance, West Bengal and other States.
(7) In the cases of revision of pension the Director of Pension and Provident Fund and Group
Insurance, West Bengal shall issue revised authority as per the scheme with the counter
signature and send the same to the Accountant General (A&E), West Bengal for issuing Special
Seal Authority. In the case of Revision or Relief in pension the Director of Pension and
Provident Fund and Group Insurance shall send copy of the order granting relief of pension at
revised rates to the Accountant General (A&E), West Bengal for issue authority for payment of
relief at revised rate to the pension drawing person from other States.
(8) The pensioners or family pensioners desirous of drawing pension from outside this State
shall furnish to the concerned pension disbursing authority necessary certificates or
documents like life certificate, non-employment certificate etc. as and when required by the
said authority.
(9) Regarding accounting procedure, the amount paid by the other State Governments shall
initially be booked under ‘'8793-Inter-State Suspense Accounts with Government of West
Bengal.
(10) On receipt of clearance by R.B.I. Nagpur the same is to be kept under “8658-Suspense
Account-110-CAO RBI Suspense” as debit. On receipt of the vouchers and details from the
concerned Accountant General the amount is to be debited finally under “2071 -01 -109 -NP-
001 -V-04".
40. Application of West Bengal Service Rules
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In all matters not expressly provided for by these rules, the rules specified in the West Bengal
Service (Death-cum-Retirement Benefit) Rules, 1971 shall, in so far as they are not
inconsistent with these rules and with the Act, shall apply to the employees mutatis mutandis
subject to approval of the Government of West Bengal in the Finance Department.
41. Interpretation
If any question arises on any matter or matters relating to the interpretations to these rules, it
shall be referred to the State Government and the decision of the Slate Government thereon
shall be final.
42. Relaxation
Nothing in these rules shall be construed to limit or abridge the power of the State
Government in School Education Department to dispense with or relax with requirement of
any provisions of these rules to such extent and subject to such condition as may be
considered necessary.
43. Repeal and savings
(1) The provisions of West Bengal Recognized Non-Government Educational Institution
Employees (Death-cum-Retirement) Scheme 1981, as applicable to teachers of Primary
Schools, along with notifications, memorandum and orders published earlier relating to the
eligibility, application, admissibility of the benefits under the aforesaid West Bengal
Recognized Non-Government Educational Institution Employees (Death-cum-Retirement)
Scheme, 1981 shall be deemed to have been repealed in so far as they are repugnant to the
matters covered by these rules:
Provided that such repeal shall not affect the previous operation of die said scheme, notifications
and orders or anything done or any action taken thereunder and the benefits already granted on
the basis of the scheme, notifications, orders in force prior to coming into effect of these rules
shall not in any way be adversely affected.
(2) The Forms appended to these rules shall replace the relevant existing Forms.West Bengal Primary Education Teachers and Employees
Death cum Retirement Benefit Rules, 2008
GOVERNMENT OF WEST BENGAL
School Education Department
Bikash Bhawan, Salt Lake, Kolkata - 700 091
NOTIFICATION
No. 1467-SE(Law) PL/5S-174/07, Dt. 05.08.2008 - The following draft of rules, which the
Governor proposes to make in exercise of the power conferred by sub-section (1) of section
106, read with clause (q) of sub-section (1) of section 60 of the West Bengal Primary
Education Act, 1973 (West Ben. Act XLIII of 1973) (hereinafter referred to as the said Act) and
in supersession of all orders, schemes and notifications on the subject, is hereby published, as
required by sub-section (1) of section 106 of the said Act), for information of persons likely to
be affected thereby;
The draft shall be taken into consideration on or after the expiry of a period of thirty days
from the date of its publication and any objections or suggestions with respect thereto, which
may be received by the undersigned before the said period, shall be duly considered: -
Draft rules
CHAPTER I
Preliminary.
1. Short title
These rules may be called the West Bengal Primary Education (Teachers and Employees’
Death-cum-Retirement Benefit) Rules, 2008.
2. Application
(1) These rules shall apply to -
a) the teachers who have joined the service on or after the first day of April 1981 and
opted for pension- cum-general provident fund including family pension under West
Bengal Non-Government Aided Educational Institution Employees (Death Cum
Retirement Benefit) Scheme 1981;
b) the teachers who joined the service on any date on or after the first day of April,
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1968 and opted to come under Pension-cum-Family Pension and Gratuity under the
West Bengal Recognized Non-Government Educational School Employees (Death-cum-
Retirement Benefit) Scheme. 1981 published under Government Order No. 136-Edn
(B) dated 15.5.85 within the timeframe, as decided by Government Orders Nos. 136-
Edn (B) dated 15.05.1985, 284 Edn (B) dated 17.10.1989, 148 Edn (B) dated
31.05.1990 and 496 - Edn (B) dated 16.12.1991:
Provided that those options have duly been accepted by respective District Inspector of
Schools.
c) the approved teaching and non-teaching staff of the Government or Government
aided or sponsored Training Institutions for Primary Teachers;
d) the approved employees of District Primary School Councils or District School
Board;
e) the approved teaching and non-teaching staff of Government Sponsored Free
Primary Schools and Junior Basic or Pre-Basic or Pre-Primary or Nursery Schools taken
over from municipalities and brought under the Scheme of the West Bengal Urban
Primary Education Act, 1963 (West Ben. Act XXVIII of 1963).
(2) Subject to the provisions of Chapter III with respect to payment of Gratuity, these rules
shall not apply to the teachers of D.A. getting schools or the teachers appointed or engaged on
contract basis such as part-time teachers, para- teachers or Siksha Sahayaks and to those
teachers who have opted for Contributory Provident Fund in lieu of Pension- cum-Family
Pension.
3. Definitions
(1) In these rules, unless there is any thing repugnant in the subject or contexta)
“Act” means the West Bengal Primary Education Act, 1973 (West Ben. Act XLIII of
1973);
b) “basic pay” means the monthly pay which is drawn by an employee and which
corresponds to a stage in the time scale of pay attached to the post held by him;
c) “daughter” means daughter of an employee till she attains 25 years of age and
includes step daughter or adopted daughter of such employee till she attains 25 years
of age;
d) “Director of Pension and Provident Fund and Group Insurance” means Director of
Pension and Provident Fund and Group Insurance appointed by the Government of
West Bengal;
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e) “emoluments” means basic pay and dearness pay last drawn;
f) “employee” means and includesi)
the approved teaching and non-teaching staff of Government, or Government
aided or sponsored, Training Institutions for Primary Teachers,
ii) the approved employees of District Primary School Councils or District School
Board,
iii) the approved leaching and non-teaching staff of Government Sponsored Free
Primary Schools and Junior Basic or Pre-Basic or Pre-Primary or Nursery
Schools taken over from Municipalities and brought under the Scheme of the
West Bengal Urban Primary Education Act, 1963 (West Ben. Act XXVIII of 1963);
g) “family” includes the following relations of an employee of the Council, namely:-
i) for the purpose of death gratuity-
A) spouse of the employee,
B) son including step son/adopted son,
C) unmarried and widow and divorced daughter,
D) mother,
E) father
F) brother below the age of 25 years and unmarried or widow sister;
ii) for the purpose of family pension-
A) spouse of the employee,
B) sons including step or adopted sons,
C) unmarried or widow and divorced daughter,
D) dependent parents;
Note: - Marriage after retirement shall be recognized for the purpose of family pension;
h) “leave” means any period of leave admissible to an employee under the rules
applicable to him;
i) “pensioner" means a retired employee who is receiving pension;
j) “Primary School” means a school sponsored by Government or the schools under the
management of District Primary School Council including Siliguri or Kolkata Primary
School Council and District School Board in Darjeeling Gorkha Hill Council area;
k) “Service Book” means the documents that contain the records of service of an
employee, as specified under Government Order No.804-Edn (B) dated 19.10.1990 and
Government Order No.l980-Edn (S) dated 15.12.1971;
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l) “State Government” means the Government of West Bengal in the School Education
Department.
(2) The words and expressions used and not defined in these rules but defined in the Act shall
have the same meanings as respectively assigned to them in the Act.
CHAPTER II
Pension
4. Classification of pensions
There shall be following four classes of pensions, namely:-
(a) compensation pension;
(b) invalid pension;
(c) superannuation pension;
(d) retiring pension.
5. Eligibility for pension
(1) An employee shall be eligible to compensation pension, invalid pension or superannuation
pension, as the case may be, if he has completed at least ten years satisfactory qualifying
services.
(2) An employee shall be eligible to retiring pension if he has completed at least twenty years
satisfactory qualifying services.
3) Any service of an employee before completion of his 18 years of age shall not count as
service.
6. Compensation pension
(1) An employee is entitled to receive compensation pensionary benefits for the satisfactory
service he has rendered if he is discharged on abolition of the permanent post held by him;
Provided that an employee is not entitled to receive compensation pension or gratuity for the
service he has rendered if he accepts any other appointment where his previous service may be
counted.
(2) An employee is not entitled to receive compensation pension for loss of appointment on
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discharge after the completion of a specified term of service.
(3) An employee shall be given a notice of not less than three months before he is discharged
from the service on abolition of the post held by him:
Provided that if in any case, notice of at least three months is not given and the employee is not
offered with any employment on the date on which his service is dispensed with the sanction of
the authority competent to dispense with the service, then a gratuity, not exceeding his
emoluments for the period by which the notice actually given to him falls short of three months,
may be paid to him in addition to compensation pension but no compensation pension shall be
payable for the period for which he receives a gratuity in lieu of notice.
7. Invalid pension
(1) An employee shall be entitled to receive invalid pension if he retires from service due to
becoming permanently incapacitated on account "of physical or mental infirmity.
(2) Unless otherwise specified, an employee who applies for an invalid pension shall submit a
medical certificate from the Chief Medical Officer of Government of West Bengal in the
concerned District or from any other Medical Officers of equivalent status nominated or
specified by the state Government.
(3) While applying for invalid pension, the employee shall furnish a medical certificate in
Form 19.
(4) Invalid pension is not admissible to an employee, if the Medical Officer certifies that the
incapacity of the employee is directly due to addiction to drugs, alcohol or any other
substance.
8. Superannuation pension
Superannuation pension is granted to an employee who retires at the age of 60 years.
9. Retiring pension
A retiring pension is admissible to an employee who is allowed to retire as per his prayer after
completing at least twenty years” satisfactory qualifying services.
10. Commencement of pension
The pensions herein above referred in rules 6, 7, 8 and 9 shall commence from the date
following the date of retirement of such employee.
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11. Determination of date of birth
(1) When the year of birth of employee is known but the date of birth is not known, the first
day of July shall be deemed to be the date of birth.
(2) When only the month and year of birth of an employee are known, the 16th day of that
month shall be deemed to be the date of birth.
12. Qualifying service
(1) The continuous satisfactory service of a whole time approved employee in any educational
Institution, shall count as qualifying service:
Provided that the service rendered before completion of 18 years shall not be counted as service:
Provided further that the service rendered by an employee in an unrecognized school or in a D.A.
getting school shall not be counted:
Provided also that the service rendered by an employee under the Central or in any State
Government or union territories shall count for determining qualifying services.
(2) Approved temporary service including approved service on leave or deputation vacancy in
one or more schools shall be counted towards pension, subject to the fulfillment of other
conditions for grant of pensions.
(3) All periods of authorized leave, other than extra-ordinary leave without pay, shall be
counted as qualifying service:
Provided that the service rendered by an employee under State Government shall be counted for
determining qualifying service:
Provided further that extra-ordinary leave granted other than on medical ground shall be also
counted towards calculating qualifying services if such leave is granted due to the employee’s
inability to join or rejoin duty on account of civil disturbance declared by the state government
or for pursuing higher studies in relation to his teaching subject in school with prior permission
from District Inspector of Schools concerned.
(4) Period of suspension fol lowed by reinstatement shall be counted as qualifying service if
such period is treated, by order, as duty by the competent authority.
(5) The period between the date of dismissal or removal and the date of reinstatement shall
be counted as qualifying service only if the appointing authority, by order, treats that period as
on duty or leave other than extra-ordinary leave.
(6) Vacations shall be counted as qualifying service if an employee is present on both the
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closing and re-opening dates and if on leave on either of the dates, the absence is regularized
by sanction of leave by the competent authority.
(7) Qualifying services for pension shall be counted upto the age of superannuation or the
date preceding the date of voluntary retirement.
(8) Period of absence under duress as declared by Government Order No.l071-Edn (S), dated
19.8.1977 and Government Order No. 477-Edn (S) dated 16.8.1980 (read with any subsequent
orders to the same effect) issued by Stale Government shall be counted as qualifying service.
(9) Any period of services not covered under sub-rules (1) to (8) shall not count as qualifying
service.
13. Effect of dismissal or removal or resignation
When an employee is dismissed or removed from service or when he resigns from the post,
the service rendered by him shall stand forfeited and such employee is not entitled to receive
pension.
14. Date of retirement
(1) When an employee is required to retire on attaining a specific age, the date on which he
attains that age, shall be reckoned as a working day and the employee shall retire with effect
from the afternoon of that day.
(2) If the date of retirement on superannuation of an employee falls on any date other than the
first day of the month, he shall be allowed to retire on the last day (afternoon) of the month.
(3) If the date of retirement on superannuation of an employee falls on the first day of a
month, he shall be allowed to retire on the last day (afternoon) of the preceding month.
15. Pension sanctioning authority
The Secretary of the District Primary School Council concerned shall be the pension
sanctioning authority under these rules.
16. Rate of pension
(1) The amount of pension shall be determined at the rate of 50% of last pay drawn in all
cases to an employee who has completed at least 33 years satisfactory qualifying services:
Provided that an employee, who at the time of retirement has rendered satisfactory qualifying
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service of 10 years or more but less than 33 years the amount of his pension shall be of such
proportion of the maximum admissible pension as the qualifying services rendered by him.
(2) The maximum or minimum monthly amount of pension in favour of a pensioner shall not
exceed or not be less than the sum as may be fixed from time to time by the State Government.
(3) In addition to pensions determined under sub-rule (1), the pensioner is entitled to relief as
admissible to the State Government pensioners from time to time.
(4) Subject to the other provisions of these rules the amount of monthly pension payable
monthly shall be expressed as a whole of a rupee and where the pension calculated according
to these rules contains a fraction of rupee, it shall be rounded off to the next higher rupee.
(5) A pension admissible to an employee shall be fixed and paid in Indian rupee and in India.
(6) Where the service of an employee has not been thoroughly satisfactory, the pension
sanctioning authority may make such reduction in the amount as it thinks fit.
(7) The proportionate reduction in the amount of pension under these rules should be to the
extent by which the employee’s service as a whole has failed to reach a thoroughly satisfactory
standard.
(8) The service of an employee against whom a charge of corruption has been initiated
through proceedings cannot be considered to be satisfactory.
(9) Final pension, gratuity etc., shall not be sanctioned to an employee against whom
departmental or judicial proceedings have been instituted or pending.
(10) In case of misconduct of the pensioner, the pension sanctioning authority shall have the
power to withhold pension or reduce the amount of pension.
17. The rate of dearness pension
The amount of dearness pension shall be determined at the rate of 50% of the dearness pay
(the part of dearness allowance merged with pay is treated as dearness pay) drawn last in all
cases to an employee who has completed at least 33 years satisfactory qualifying services:
Provided that for an employee who at the time of retirement has rendered satisfactory qualifying
service of 10 years or more but less than 33 years, the amount of his dearness pension shall be of
such proportion of the maximum admissible dearness pension as the qualifying service rendered
by him is in proportion to the maximum admissible length of service qualifying for pension:
Provided further that no part of dearness pension shall be allowed to be commuted before or
after retirement with or without medical examination by any employee under any
circumstances.
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18. Provisional Pension
(1) Where any departmental or judicial proceeding is instituted or pending against an
employee who is allowed to retire on attaining the age of superannuation or otherwise, he
shall be paid a provisional pension following his prayer during the period commencing from
the date of his retirement to the date on which the final orders are passed by the appropriate
authority on such proceeding.
(2) Where an employee who is allowed to retire on attaining the age of superannuation but
whose pension has not been sanctioned by the Pension Sanctioning Authority for want of his
necessary service records, shall be paid provisional pension following his prayers.
(3) The amount of provisional pension shall not exceed the sum total of maximum amount of
pension and the maximum amount of dearness pension, which would have been admissible to
an employee on the basis of his qualifying services up to the date of retirement, or if he was
under suspension on the date of retirement upto the date immediately preceding the dale on
which he was placed on suspension.
(4) Payment of the provisional pension shall be adjusted against the final retirement benefits
sanctioned to such employee up to conclusion of the aforesaid proceeding but no recovery
shall be made where the pension finally sanctioned is less than the provisional pension or the
pension is reduced or withheld either permanently or for a specified period.
(5) In no case the provisional pension, referred to in sub-rule (1), shall be paid beyond a
period of 12 months from the date of retirement. During sanction of provisional pension
under the rules, report on admissibility of pension is required to be obtained from the
Director of Pension, Provident Fund and Group Insurance, West Bengal. No Gratuity or death
cum retirement gratuity shall be paid to him until the conclusion of such proceedings and the
issue of final orders thereon. Such provisional pension shall be subject to adjustment against
the amount of pension including gratuity or by short payment of pension. All outstanding dues
shall be adjusted in the same manner as above.
19. Right to withhold pension in certain cases
(1) The pension of an employee may be withheld in whole or in part under an order of the
pension sanctioning authority, passed not later than 3 years after the date of retirement to
meet any sum due under the liability incurred by such employee to the government.
(2) The pension sanctioning authority reserves to himself the right of withholding or
withdrawing a pension or any part of it whether permanently or for a specified period, and
the right of ordering recovery from the pension relief of the whole or part of any pecuniary
loss caused to Government, if the person is found to have been guilty of grave misconduct or
negligence during the period of his service, including service rendered on reemployment after
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retirement:
Provided that such proceedings by Managing committee if instituted while the employee was in
service whether before his retirement or during reemployment, shall after the final retirement of
the employee be deemed to be a proceeding under this article and shall be continued and
concluded by the authority by which it was commenced in the same manner as if the employee
had continued in service:
Provided further that such proceedings, if not instituted while the employee was in service,
whether before his retirement or during reemployment shall not be instituted save with the
sanction of Secretary of the Department and shall not be in respect of any event which took place
more than 3 years before such institution.
(3) An employee who retires from service but against whom criminal proceedings involving
moral turpitude is pending in a court of law shall not be sanctioned any pension until the
termination of the criminal proceedings:
Provided that an interim allowance not exceeding two thirds of the pension that would have
been admissible but for the criminal proceedings may be granted during the pendency of such
proceedings in case of hardship.
Provided further that if he is convicted on a criminal charge involving moral turpitude he shall
not be entitled to any pension but a compassionate allowance may be granted to him and this
shall not exceed two third of the pension which would have been admissible to him if he had
retired on medical certificate.
Provided also that interim allowance or compassionate allowance, as the case may be, can be
sanctioned only after obtaining an admissibility report from Director of Pension, Provident Fund
and Group Insurance. West Bengal:
Provided also that no such judicial proceedings if, not instituted while the employee was in
service, whether before his retirement or during re-employment shall be instituted in respect of a
cause of action which arose, or an event which took place more than 3 years before such
institution.
Explanation I. - For the purpose of this rule a departmental proceeding shall be deemed to have
been instituted on a date on which the charge sheet or statement of chargcs is issued to the
pensioner or if the employee or an employee has been placed on suspension from an earlier date,
on such date.
Explanation II. - For the purpose of this rule a judicial proceedings shall be deemed to have been
instituted -
(a) in the case of criminal proceeding, on the date on which the complaint or report of the
police officer, on which the magistrate takes cognizance is made, and
(b) in the case of civil proceedings, on the date, on which the plaint is presented or as the
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case may be, an application is made to the civil court.
(4) Where any departmental or judicial proceeding is instituted against an employee who has
retired on attaining the age of retirement or otherwise, he shall be paid during the period,
commencing from his retirement to the date on which, upon conclusion of such proceedings
final orders are passed, a provisional pension not exceeding the maximum pension which
would have been admissible on the basis of his qualifying service upto the date of retirement
or if he was under suspension, for the period between the date of his joining to the date
immediately preceding the date of suspension, but no gratuity or death cum retirement
gratuity shall be paid to him until the conclusion of such proceeding and the issue of final
orders there on.
(5) Payment of provisional pension made under clause (4) shall be adjusted against the final
retirement benefit sanctioned to such an employee upon conclusion of aforesaid proceeding
but no recovery shall be made where pension finally sanctioned is less than provisional
pension or the pension is reduced or withheld either permanently or for a specified period.
20. Withholding of pension and dearness pension in case of convictions
and misconduct
(1) The Pension Sanctioning Authority shall by order, in writing, withhold or withdraw a
pension or a part thereof whether permanently or for a specific period, if the pensioner is
convicted of criminal offence serious in nature or is found guilty of grave misconduct.
(2) Where a pensioner is convicted of criminal offence serious in nature by a court of law,
action under sub-rule (1) shall be taken in the light of the judgement of the Court relating to
such conviction.
(3) In the context of a case not falling under sub-rule (2). if the pension sanctioning authority
under the sub-rule (1) considers that the pensioner is prima-facie guilty of grave misconduct,
it shall, before passing an order under sub-rule (1), serve upon the petitioner a notice
specifying the action proposed to be taken 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
pension sanctioning authority, such representation as he may wish to make against the
proposal and such representation shall be considered by the pension sanctioning authority
while withholding the pension under sub-rule (1).
(4) An appeal against an order under sub-rule (1) shall be made to the Secretary, School
Education Department, Government of West Bengal.
21. Recovery of dues before sanctioning pension
(1) When a retiring employee does not clear government dues and these are ascertainable, an
equivalent cash deposit or refund may be taken from him or may be deducted out of gratuity
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payable to him before releasing his final pension or gratuity.
(2) If any of the Government dues remain unassessed for any reason the retiring employee
may be asked to furnish a suitable bond or a part of gratuity not exceeding the estimated
outstanding dues plus 25 % there of may be withheld (subject to maximum of 10%) and
balance may be released to him.
(3) Government dues remaining unrealized and other dues revealed within a period not
exceeding six months from the date of retiring of the employee, shall, however, be reckonable
from the pensioner by adjusting with dearness pension or dearness relief admissible.
CHAPTER III
Gratuity
1. Gratuity
(1) For a service of 10 years or more, an employee is entitled to retiring gratuity at the rate of
one -fourth of his for each completed six monthly period of satisfactory qualifying service,
subject to a maximum of 16 1/2 months emoluments as fixed by the Government. For service
of less than 10 years but more than at least 1 year, the rate of gratuity is 1/2 month’s
emoluments reckonable for pension for every completed six monthly period of service. The
maximum amount is however Rs. 2,50,000/- :
Provided that the period of satisfactory qualifying exceeding 33 years shall not be counted.
(2) No gratuity shall be paid to an employee against whom a departmental or judicial
proceeding is instituted or pending, until the conclusion of such proceeding and the issue of
final order.
(3) While calculating the amount of death or retirement Gratuity, Dearness pay and Dearness
Allowances drawn immediately before death or retirement shall be taken into account in
addition to Basic Pay last drawn.
23. Provisional gratuity
An employee whose gratuity is not sanctioned for the reasons as stated in sub-rule (2) of rule
22, provisional gratuity, after withholding of 10 per cent or Rs. 10, 000/- of the provisional
gratuity, whichever is less should be sanctioned to the retiring employee by Pension
Sanctioning Authority concerned subject to the furnishing a written undertaking by the
pensioner concerned.
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CHAPTER IV
Provisions relating to death gratuity and family pension.
24. Death gratuity
In the event of death in harness, the death gratuity shall be admissible at such rates as
mentioned in table below:-
Table
Length of qualifying service Rate of death gratuity
(a) Less than one year 2 times of the amount reckonable as Gratuity
(b) One year or more but less than 5 6 times of the amount reckonable as Gratuity
(c) 5 years or more but less than 20 years 12 times of the amount reckonable as Gratuity
(d) 20 years or more Half of the amount reckonable for Gratuity for
every completed 6 monthly period of qualifying
service, subject to maximum of 33 times of the
amount reckonable for Gratuity.
In no case the amount shall exceed Rs. 2,50,000/-
25. Nomination
(1) Any employee to whom these rules apply shall make a nomination in writing in the
appropriate form conferring on one or more persons the right to receive the retiring gratuity
or death gratuity that may be sanctioned under these rules.
(2) The concerned employee as well as the heads of offices shall follow the following
nomination procedure: —
(a) every whole time and regular West Bengal Recognized Non-Government
Educational Institution Employees and teachers shall execute nomination in the proper
form as prescribed under these rules just after his joining the service or as soon as his
or her services are made whole time and regular;
(b) it shall be the duty of every head of office to supply necessary Form of nomination
for West Bengal Primary Teachers’ Death Cum Retirement Benefit Rules to every whole
time and regular employee on the very date of his joining service or on the date in
which the employee is brought under whole time and regular service;
(c) on receiving the nomination Form from the employee concerned, the same should
be pasted in the service Book after it is duly countersigned by the head of the office as
required under these rules;
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(d) the statement of family should be obtained just after the employee completes one
year’s service and the same should be pasted in the Service Book. It shall be incumbent
upon the employee concerned to report to the head of the office, in writing, any
omission or addition that may occur subsequently in order to keep the statement of
family members updated;
(e) if an employee has a family, the nomination shall not be in favour of any person or
persons other than the member of his family. If an employee nominates more than one
person, he shall specify in the nomination Form the amount or share payable to each of
the nominee in such manner as to cover the whole amount of gratuity.
26. Family pension
(1) Family pension is admissible to the members of the family of an employee who dies while
in service after rendering at least one year’s service.
(2) The benefit shall also be admissible in case of death of an employee after retirement if at
the time of death he was in receipt of compensation, invalid, retiring or superannuation
pension.
27. Family pension at normal rate
The rate of family pension admissible to the members of the family of an employee shall be
30% of pay (basic pay) drawn last actually or notionally:
Provided that maximum and the minimum amount of family pension shall be fixed by orders of
the State Government from time to time.
28. Family pension at enhanced rate
(1) In the event of death of an employee while in service, the enhanced rate of family pension
may be admissible:
Provided that the employee concerned has rendered, not less than 7 years continuous service,
prior to his death:
Provided further that the family pension at enhanced rate is payable for, a period of 7 years from
the day following the date of death or till the date on which the employee concerned would have
attained the age of 65 years had he survived, whichever period is less.
(2) In the event of death after retirement, the family pension at enhanced rale shall be payable
up to the date on which the deceased employee concerned would have attained the age of 65
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years had he survived or for 7 years, whichever period is less and after the period of family
pension at enhanced rate is over, family pension at normal rate shall commence.
(3) The amount of family pension at enhanced rate payable under these rules shall be
calculated in the following manner:-
(a) 50% of the last basic pay of the deceased employee:
(b) two times of family pension as per last basic pay;
(c) amount of pension in case of pensioner (in case of died in harness this point should
not be filled).
(4) The amount whichever is the lowest amongst clauses (a), (b) and (c) of sub-rule (3) shall
be taken into consideration for payment of family pension at enhanced rale.
29. Period during which family pension is admissible
Subject to the following conditions, the family pension shall be admissible -
(a) in the case of widow or widower up to the date of death of such widow or widower or remarriage
of such widow, whichever is earlier;
(b) in the case of son, until he attains the age of 25 years;
(c) in the case of unmarried daughter, till she attains the age of 25 years or marriage
whichever is earlier;
(d) in the case of dependent parents up to the date of their death or re-marriage, whichever is
earlier.
Note. - Where an employee is survived by more than one widow, the family pension shall be paid
to them in equal shares. This shall not be applicable in cases where bigamy is barred by statutes
and personal law. On the death of the widow, her share of the pension shall become payable to
her eligible minor children. If at the time of her death a widow leaves no eligible minor child, the
payment of her share of the pension shall cease.
30. Grant of family pension to dependent disabled son(s) or daughter(s)
of the Deceased Pensioner:-
Where a deceased pensioner’s son or unmarried or widowed daughter, who is suffering from
any mental disorder or disability of mind or is physically disabled so as to prevent him or her
to earn his or her living even after attaining the age of 25 years, shall be paid family pension
during his or her lifetime subject to the following conditions:-
(a) if such son or daughter is one among two, or more of the pensioner, the family pension
shall be initially payable to the minor children, in the case of minor son until he attains the age
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of 25 years and in the case of unmarried daughter until she attains the age 25 years or
marriage which ever is earlier, as the case may be, and thereafter the family pension shall be
resumed in favour of the son or daughter suffering from disorder or disability of mind or who
is physically crippled or disabled and shall be payable to him for life;
(b) if there are more than one such son or daughter suffering from mental disorder or
disability of mind or who arc physically disabled, the family pension shall be payable in the
order of their birth and the younger shall get the family pension only after the elder next
above him ceases to be eligible. When the family pension is payable to twin children, it shall be
paid to such twin children in equal shares, provided when one such child ceases to be eligible,
his share shall revert to the other and when both of them cease to be eligible the family
pension shall be payable to the next eligible single child or twin children;
(c) the family pension shall be paid to such son or daughter through the guardian as if he is a
minor; production of guardianship certificate is not necessary where such child has attained
the age of majority;
(d) before allowing the family pension for life to any such son or daughter, the sanctioning
authority shall satisfy that the disability is of such a nature as to prevent him or her from
earning his or her livelihood and the same shall be evidenced by a certificate obtained from a
medical officer not below the rank of a Sub- Divisional Medical Officer, stating, as far as
practicable, the Mental or Physical condition of such son or daughter;
(e) the person receiving the family pension as guardian of such son or daughter shall produce
once in every year a certificate from a Medical Officer not below the rank of Sub-Divisional
Medical Officer to the effect that he or she continues to suffer from mental disorder or
disability of mind or continues to be physically disabled;
Provided that such son or daughter is not in receipt of any kind of pension whatsoever from any
Government or Government Undertaking etc. on account of such disability:
Provided further that in case of disability of permanent in nature certified as non-recoverable. or
incurable, the production of certificates for every three years may be done away with.
31. Date of effect of family pension
A family pension shall take effect from the day following die death of an employee or
pensioner.
32. Family pension payable to one member of the family
(1) Subject to the provision contained in the note under rule 29, the family pension sanctioned
under these rules shall not be payable to more than one members of the employee’s family at
the same time. It shall first be admissible to the widow or widower and on the death of such
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widow or widower to the first eldest minor daughter, thereafter next minor daughter
according to seniority and when there shall be no minor daughter, the eldest minor son and so
on and thereafter to mother and lastly to father. Payments to minor shal I be made through
natural or legal guardian.
Note: - Payment of family pension shall not be any bar if at the time of entitlement, the widow or
widower or unmarried daughter or son happens to be employed anywhere.
33. Family pension and retirement benefits against disappeared
employee
(1) When an employee disappears leaving his family, admissible retirement benefits may be
granted to his eligible members of the family as mentioned under rule 28.
(2) On receipt of such application along with documents as may be necessary subject to
fulfilment of the following conditions:-
(a) the family must lodge a report with the concerned police station and obtain a report from
the Officer-in- Charge of such Police Station to the effect that the incumbent could not be
traced out in spite of efforts made by the police.
(b) an indemnity bond should be taken from the family pensioner concerned to the effect that
all payments received from the Government shall be refunded to the Government in the event
the missing person reappears and claims his dues.
(3) All Government dues outstanding against the employee shall be recovered from the relief
on pension.
(4) The family concerned shall apply to the Secretary, District Primary School Council
concerned for grant of family pension after one year from the date of disappearance of the
employee.
(5) The Pension Sanctioning Authority concerned shall make proper scrutiny of the
application received under sub-rule (3) and if it found proper, he shall recommend it to the
Director of School Education, West Bengal and the Director of School Education in his turn
shall toward the case with his comments to the Slate Government.
34. Procedure for payment of retirement benefits
(1) (a) The Sub-Inspector of Schools concerned shall prepare a list as shown in Form 1 every
six months, i.e. on the 1st January and the 1st July each year of all employees who are to retire
within the next 30 months of that date.
(b) A copy of every such list shall be sent to the Director of Pension, Provident Fund and Group
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Insurance, not later than the 31st January or the 31st July as the case may be, of that year. In
case of the persons retiring for reasons other than by way of superannuation, the Sub-
Inspecor of Schools concerned shall promptly inform the Director of Pension, Provident Fund
and Group Insurance.
(2) The Sub-Inspector of Schools concerned shall send a notice specified in Form 2 to the
employee who is to retire on superannuation within the next 24 months.
(3) An employee, who is eligible for pension under these rules, shall submit to the Sub-
Inspector of Schools concerned a formal application for pension in Form 3 as specified in third
schedule duly filled in all respects along with other papers as specified in Form Nos. 4,5,6,7,8
and 9 positively 18 months in advance of his retirement on superannuation. It is to be noted
that the retirement benefit can only be obtained when the retiring or retired employee or
family pensioner shall submit a formal application for retirement benefits in prescribed
proforma as above duly filled in all respects with all requisite papers for any kind of pensions
or family pension or Contributory Provident Fund cum Gratuity / Death Gratuity in case of
those employees opted for Contributory Provident Fund cum Gratuity under Death Cum
Retirement Benefit, 1981.
(4) The Sub-Inspector of Schools on receipt of the formal application for pension, shall
prepare the pension papers as specified in Forms 12, 13, 14 and 15 after due scrutiny and
verification of the service claimed and the emoluments actually drawn and forward the same
along with the original Service Book to the Pension Sanctioning Authority concerned within 3
months after the receipt of the application from the employee under sub-rule (3).
(5) The Pension Sanctioning Authority concerned shall check the pension papers and Service
Book under sub-rule (4) with reference to the Check List prescribed in Form 23 (Check List)
and shall countersign the Service Book and other forms as required above and he shall also
prepare Pension Calculation Sheet in Form 17. He shall also countersign the Initial Pay
Fixation statements of different Revision of Pay and Allowances. Within 3 months from the
date of receipt of said papers from the Sub-Inspector of Schools, the Pension Sanctioning
Authority concerned shall send the Pension papers as stated under sub-rule (4) alongwith
Service Book, Form 17 and Form 23 duly completed in all respect to the Finance Officer of the
District Primary School Council concerned for further examination.
(6) After receiving back the pension papers, if any observation or objection is made by the
Finance Officer of the District Primary School Council concerned, the Pension Sanctioning
Authority concerned shall promptly meet the observation or objection with the disposal of the
pension papers to enable the Finance Officer of the District Primary School Council concerned
to give certificate as to the correctness of the case within 3 months from the date of receipt of
the pension case from the Pension Sanctioning Authority concerned.
(7) After obtaining the prescribed certificate as to the correctness of the case from the Finance
Officer of the District Primary School Council concerned, the Pension Sanctioning Authority
concerned shall sanction pension in Form 16 and shall send all duly filled Forms, as applicable,
with the forwarding letter as in Form 18, including Service Book in original and Form 23
(Check List) to the Director of Pension. Provident Fund and Group Insurance, West Bengal
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within 3 months from the date of receipt of such papers from Finance Officer of the District
Primary School Council concerned.
Note: - There is no bar to receive service pension and family pension under theses rules if the
family pensioner's husband happens to be in military service prior to appointment as employee.
(8) If the Pension Sanctioning Authority concerned cannot sanction the pension of a employee
for whatever be the reasons he shall intimate his decision thereof to the employee concerned
within 3 months from the date of receipt of the papers as provided in sub-rule (5).
(9) Director of Pension, Provident Fund and Group Insurance shall issue the said pension
payment order within 5 months from the date of receipt of die pension papers under sub-rule
(7).
(10) Director of Pension, Provident Fund and Group Insurance shall send Pension Payment
Order (PPO) to the Pension Disbursing Officer or Treasury Officer concerned with copies to
the Pension Sanctioning Authority concerned and the retiring employee or family pensioner
within 5 months from the date of receipt from the Pension Sanctioning Authority concerned.
(11) On receipt of the Pension Payment Order (PPO). the Pension Disbursing Officer (P.D.O.) or
Treasury Officer (T.O.) concerned shall on personal appearance of the pensioner, complete
formalities as prescribed in the relevant rules and start payment of admissible retirement
benefits, from the date as mentioned in the Pension Payment Order (PPO).
(12) If the Director of Pension, Provident Fund and Group Insurance cannot issue Pension
Payment Order of an employee for whatever be the reasons, shall intimate his decision thereof
to the Pension Sanctioning Authority and the employee concerned, within 5 months from the
date of receipt of the papers as provided in sub-rule (7).
(13) The pension sanctioning authority shall sanction provisional pension, provisional
gratuity and issue Provisional Pension Payment order. The same shall be drawn and disbursed
by the Sub-Inspector of Schools concerned from concerned Treasury.
CHAPTER V
Commutation of pension
35. Commutation of pension
An employee who is eligible for the benefit of pension under these rules shall be entitled to
commute for a lump sum payment at the specified rate:
Provided that an employee shall not be entitled to commute more than 40 % of the pension
which has been or may be granted to him:
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Provided further that a employee against whom a judicial or departmental proceeding has been
instituted or continued or a pensioner against whom any such proceeding has been instituted or
continued shall not be permitted to commute any portion of his pension during the pendency of
such proceeding.
36. Application for commutation before retirement
An employee before his retirement shall make an application to the sub-inspector of Schools
concerned in Form 4 along with the application for pension under sub-rule (3) of rule 34.
37. Application for commutation after retirement
A pensioner who fails or declines to make an application for commutation of pension to the
sub-inspector of Schools concerned in Form 4 along with the application for pension under
sub-rule (3) of rule 34 the employee, may apply to the Sub-Inspector of Schools upto the age of
61 without medical examination. The pensioner shall enclose a copy of Pension Payment
Order with the application for commutation of pension.
38. Application for commutation exceeding 61 years
(1) A pensioner who fails or declines to make an application for commutation of pension to
the sub-inspector of Schools concerned in Form 4 along with the application for pension
under sub-rule (3) of rule 34. the pensioner, may apply to the Secretary. District Primary
School Council concerned at the age exceeding 61 years with medical examination in Form 10
for commutation of a portion of his pension.
(2) (a) The Pension Sanctioning Authority concerned, on receipt of application in Part I of
Form 10, acknowledge the receipt in Part II of Form 10 and despatch the same to the
applicant.
(b) the Pension Sanctioning Authority concerned shall forward in original to the Director of
Pension, Provident Fund and Group Insurance in Part III of Form 10 with the request that part
IV of that Form may be completed and returned to him as early as possible so that action for
getting the applicant examined by the appropriate medical authority can be taken.
(3) The Director of Pension and Provident Fund and Group Insurance shall, on receipt of Form
10 from the Pension Sanctioning Authority concerned complete Part IV of that Form and
transmit the same to the Competent Authority as early as possible.
(4) The Competent Authority shall, on receipt of Form 10 from the Director of Pension,
Provident Fund and Group Insurance intimate the applicant in Part V (2) of Form 10 by such
Medical Authority or Medical Boards as the Competent Authority may consider fit for
commutation and shall at the same time instruct him to appear for examination before the
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Medical Authority or Medical Board within three weeks from the date of its order, or he has
applied for Commutation in advance of the date of his retirement within three months from
the date of order but in case earlier than the date of retirement and shall supply a copy of Part
I of Form 11 to the applicant. If the applicant appears before the Medical Authority or Medical
Board, he shall be deemed to have accepted the amount authorized to be commuted.
(5) A copy of Part V(2) of Form 10, as the case may be shall be endorsed by the Director of
Pension, Provident Fund and Group Insurance to the Appropriate Medical Authority or
Medical Board through the Director of Health Services (for cases in Calcutta) or the Chief
Medical Officer of Health (for any other case) with -
(i) Part II and Part III of Form 11;
(ii) Part IV of Form 10 duly completed in original;
(iii) two copies of the applicant’s photograph of which one copy shall be attested by an
officer belonging to Group A service of the State Government.
(6) (a) If the applicant, after receipt of communication from the Competent Authority under
sub-rule (4) fails to appear for Medical examination before the Medical Authority or Medical
Board on the date and at the time communicated to him (including any change therein either
at the request of the applicant or due to administrative reasons) and there is no reasonable
ground for his failure, the Medical Authority or Medical Board shall report the fact to the
Competent Authority concerned and return to him the documents received under sub-rule
(4).
(b) With the return of documents to the Competent Authority under clause (i) the application
for commutation shall be deemed to have been withdrawn.
(7) The Director of Health Services, West Bengal or the Chief Medical Officer of Health shall, on
receipt of documents referred to in sub-para (4), shall
(a) arrange for the medical examination of the applicant by the Medical Authority at the
nearest available station from the residence of the pensioners;
(b) transmit the documents referred to in sub-para (4) to the Medical Authority with
the direction to examine the applicant;
(c) inform the applicant as to the place and date of his medical examination and direct
the Medical Authority to communicate to the applicant the time of such examination.
Note. - In fixing the date of medical examination, it shall be ensured that the medical
examination is held before the applicant’s next birthday.
(8) The Certifying Medical Authority shall, after obtaining from the applicant a statement in
Part I of Form 11 which must be signed in their presence, subject to strict examination enter
the results in Part II of Form 11 and record their opinion as to the accuracy with which the
pensioner has answered the questions in Part I of From B regarding his medical history and
habits, attest the unattested copy of the photograph of the applicant, complete the certificate
contained at the end of Part II of Form 11 and forward it to the Audit Officer, who has already
completed Part IV of Form 10, with the following documents:-
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(i) Part II or Part III of Form 11 in original;
(ii) Attested copy of applicants photograph;
(iii) Part I of Form 11 in original; and
(iv) Part IV of Form 10 duly completed in original.
(9) The Medical Authority or Medical Board shall also send to the applicant a certified copy of
Part III of Form 11 and forward a certified copy of Part III of Form 11 to the Competent
Authority who has signed Part V (1) or Part V (2) of Form 10.
(10) If the Medical Authority or Medial Board or Special Board, as the case may be directs that
his age for the purpose of commutation shall be assumed to be greater than his actual age, the
applicant may withdraw his application by written notice despatched within a period of two
weeks from the date on which he receives intimation of the finding after Medical Authority
and of the revised sum payable on communication. The Pension Sanctioning Authority shall
communicate the adverse medical report and revised sum payable as commuted value.
(11) If the applicant does not withdraw in writing his application within the said period of two
weeks, he shall be deemed to have accepted the revised sum offered.
(12) The pensioner who applied for commutation of pension within one year from the date of
his retirement shall not be subjected to medical examination for the purpose of payment of
commuted value of pension, provided this benefit shall not be admissible to the persons
retired cn ground of invalidation. Application for commutation of pension without medical
examination shall be made after the date of retirement and the commutation shall become
absolute, that is, the retired pension shall become absolute, that is, the retired person shall
become entitled to receive the commuted value of pension on the date on which his
application is received by the Competent Authority. A pensioner who has applied for
commutation of pension without medical examination shall have no option to withdraw his
application. Persons retired on ground of invalidation and those have applied for commutation
of pension after one year from the date of retirement shall be subjected to medical
examination. Such persons shall become entitled to receive the commuted value of pension on
the basis of next birth day following the date on which the medical authority signs the medical
certificate.
(13) In case of application for commutation of pension from a pensioner drawing invalid
pension, the Medical Board shall, after examination in the manner as stated above, record his
opinion in Part III of Form 11.
(14) The Medical Authority examining a pensioner applying for commutation of pension shall
be competent to charge fee at rates as prescribed by the State Government in the Health
Department.
Note. -The commuted portion of pension shall be restored to a pensioner after completion of 15
years from the date of retirement, irrespective of the date of commutation.
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CHAPTER VI
Miscellaneous
39. Transfer of pensionary benefit from one Treasury of India to another
(1) A pensioner settled outside the State of West Bengal can make an application to Director of
Pension, Provident Fund and Group Insurance, West Bengal showing sufficient cause to allow
transfer of payment from one Treasury in the Stale of West Bengal to another Treasury in
other States or Union Territories in duplicate in Form 20:
Provided that if a pensioner or family pensioner prefers payment of his pensionary benefit
outside West Bengal he may submit application to the Director of Pension, Provident Fund and
Group Insurance in duplicate in Form 21.
(2) The Director of Pension, Provident Fund and Group Insurance shall countersign and
forward the same to the Accountant General (A&E), West Bengal for issuing Special Seal
Authority to the concerned Accountant General for payment of pensioner benefits outside
West Bengal as per application under sub-rule (1).
(3) If the Pensioner or Family Pensioner prefers on a date subsequent to the first drawal of
Pensionary benefit from a Treasury in West Bengal or Pension Disbursement Office Kolkata to
draw the Pensionary benefits from a Treasury outside West Bengal he shall submit an
application in forms specified in eighth schedule before the concerned Treasury in West
Bengal or Pension Disbursement Office, Kolkata. On all the cases, recent duly attested Joint or
Single photographs, fresh specimen signature or Left Thumb Impression, are to be collected
by the respective Treasury Officer(s) or Pension Disbursement Office (PDO), Kolkata.
(4) On receipt of such application from the Pensioner or Family Pensioner the Treasury in
West Bengal or Pension Disbursement Office. Kolkata shall forward the application in Form 22
with both halves of the Pension Payment Order with last payment certificate embodied
thereon and photographs, specimen signatures etc. to the Director of Pension and Provident
Fund and Group Insurance, West Bengal for necessary authentication and placement before
the Accountant General (A&E), West Bengal for issuing specimen seal authority to the
concerned Accountant General outside West Bengal.
(5) On the receipt of both copies of P.P.O. (one copy for Treasury and other is incumbent’s
copy) with application in duplicate and the photographs, specimen signatures etc. from the
concerned Treasury or Pension Disbursement Office under sub-rule (4), the Director of
Pension, Provident Fund and Group Insurance, shall cancel both halves of P.P.O. and forward
the same to the Accountant General (A&E), West Bengal along with the single or joint
photographs, fresh specimen signature etc. and a fresh Descriptive Rolls of such Pensioners or
Family Pensioners for issue of Special Authority. The Director shall also send specimen
signature of the Audit Officer or Director. Pension, Provident Fund & group insurance. West
Bengal to the Accountant General (A&E), West Bengal. While sending both halves of P.P.O. to
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the Accountant General (A&E), West Bengal for issuance of Special Seal Authority in respect of
the first payment, the following documents are required to be submitted by The Director of
Pension, Provident Fund and Group Insurance, namely: -
(a) Last Pay Certificate;
(b) sanction of pension;
(c) amount of pension or gratuity or commuted value of pension;
(d) amount commuted and amount reduced pension;
(e) date of restoration of normal pension after commutation;
(f) name of family pensioner:
(g) date of birth in case of minor:
(h) nomination for life time arrear.
(6) While sending transfer cases to the Accountant General (A&E), West Bengal the Director of
Pension, Provident Fund And Group Insurance being the Pension Payment Order issuing
Authority is also required to get the Pension Payment Order cancelled and fresh Pension
Payment Order prepared with last payment certificates for issuance of Special Seal Authority.
In the matter of issuance of Special Seal Authority, the Accountant General (A & E), Wesl
Bengal shall act as an interface between the Director of Pension and Provident Fund and
Group Insurance, West Bengal and other States.
(7) In the cases of revision of pension the Director of Pension and Provident Fund and Group
Insurance, West Bengal shall issue revised authority as per the scheme with the counter
signature and send the same to the Accountant General (A&E), West Bengal for issuing Special
Seal Authority. In the case of Revision or Relief in pension the Director of Pension and
Provident Fund and Group Insurance shall send copy of the order granting relief of pension at
revised rates to the Accountant General (A&E), West Bengal for issue authority for payment of
relief at revised rate to the pension drawing person from other States.
(8) The pensioners or family pensioners desirous of drawing pension from outside this State
shall furnish to the concerned pension disbursing authority necessary certificates or
documents like life certificate, non-employment certificate etc. as and when required by the
said authority.
(9) Regarding accounting procedure, the amount paid by the other State Governments shall
initially be booked under ‘'8793-Inter-State Suspense Accounts with Government of West
Bengal.
(10) On receipt of clearance by R.B.I. Nagpur the same is to be kept under “8658-Suspense
Account-110-CAO RBI Suspense” as debit. On receipt of the vouchers and details from the
concerned Accountant General the amount is to be debited finally under “2071 -01 -109 -NP-
001 -V-04".
40. Application of West Bengal Service Rules
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In all matters not expressly provided for by these rules, the rules specified in the West Bengal
Service (Death-cum-Retirement Benefit) Rules, 1971 shall, in so far as they are not
inconsistent with these rules and with the Act, shall apply to the employees mutatis mutandis
subject to approval of the Government of West Bengal in the Finance Department.
41. Interpretation
If any question arises on any matter or matters relating to the interpretations to these rules, it
shall be referred to the State Government and the decision of the Slate Government thereon
shall be final.
42. Relaxation
Nothing in these rules shall be construed to limit or abridge the power of the State
Government in School Education Department to dispense with or relax with requirement of
any provisions of these rules to such extent and subject to such condition as may be
considered necessary.
43. Repeal and savings
(1) The provisions of West Bengal Recognized Non-Government Educational Institution
Employees (Death-cum-Retirement) Scheme 1981, as applicable to teachers of Primary
Schools, along with notifications, memorandum and orders published earlier relating to the
eligibility, application, admissibility of the benefits under the aforesaid West Bengal
Recognized Non-Government Educational Institution Employees (Death-cum-Retirement)
Scheme, 1981 shall be deemed to have been repealed in so far as they are repugnant to the
matters covered by these rules:
Provided that such repeal shall not affect the previous operation of die said scheme, notifications
and orders or anything done or any action taken thereunder and the benefits already granted on
the basis of the scheme, notifications, orders in force prior to coming into effect of these rules
shall not in any way be adversely affected.
(2) The Forms appended to these rules shall replace the relevant existing Forms.
Death cum Retirement Benefit Rules, 2008
GOVERNMENT OF WEST BENGAL
School Education Department
Bikash Bhawan, Salt Lake, Kolkata - 700 091
NOTIFICATION
No. 1467-SE(Law) PL/5S-174/07, Dt. 05.08.2008 - The following draft of rules, which the
Governor proposes to make in exercise of the power conferred by sub-section (1) of section
106, read with clause (q) of sub-section (1) of section 60 of the West Bengal Primary
Education Act, 1973 (West Ben. Act XLIII of 1973) (hereinafter referred to as the said Act) and
in supersession of all orders, schemes and notifications on the subject, is hereby published, as
required by sub-section (1) of section 106 of the said Act), for information of persons likely to
be affected thereby;
The draft shall be taken into consideration on or after the expiry of a period of thirty days
from the date of its publication and any objections or suggestions with respect thereto, which
may be received by the undersigned before the said period, shall be duly considered: -
Draft rules
CHAPTER I
Preliminary.
1. Short title
These rules may be called the West Bengal Primary Education (Teachers and Employees’
Death-cum-Retirement Benefit) Rules, 2008.
2. Application
(1) These rules shall apply to -
a) the teachers who have joined the service on or after the first day of April 1981 and
opted for pension- cum-general provident fund including family pension under West
Bengal Non-Government Aided Educational Institution Employees (Death Cum
Retirement Benefit) Scheme 1981;
b) the teachers who joined the service on any date on or after the first day of April,
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1968 and opted to come under Pension-cum-Family Pension and Gratuity under the
West Bengal Recognized Non-Government Educational School Employees (Death-cum-
Retirement Benefit) Scheme. 1981 published under Government Order No. 136-Edn
(B) dated 15.5.85 within the timeframe, as decided by Government Orders Nos. 136-
Edn (B) dated 15.05.1985, 284 Edn (B) dated 17.10.1989, 148 Edn (B) dated
31.05.1990 and 496 - Edn (B) dated 16.12.1991:
Provided that those options have duly been accepted by respective District Inspector of
Schools.
c) the approved teaching and non-teaching staff of the Government or Government
aided or sponsored Training Institutions for Primary Teachers;
d) the approved employees of District Primary School Councils or District School
Board;
e) the approved teaching and non-teaching staff of Government Sponsored Free
Primary Schools and Junior Basic or Pre-Basic or Pre-Primary or Nursery Schools taken
over from municipalities and brought under the Scheme of the West Bengal Urban
Primary Education Act, 1963 (West Ben. Act XXVIII of 1963).
(2) Subject to the provisions of Chapter III with respect to payment of Gratuity, these rules
shall not apply to the teachers of D.A. getting schools or the teachers appointed or engaged on
contract basis such as part-time teachers, para- teachers or Siksha Sahayaks and to those
teachers who have opted for Contributory Provident Fund in lieu of Pension- cum-Family
Pension.
3. Definitions
(1) In these rules, unless there is any thing repugnant in the subject or contexta)
“Act” means the West Bengal Primary Education Act, 1973 (West Ben. Act XLIII of
1973);
b) “basic pay” means the monthly pay which is drawn by an employee and which
corresponds to a stage in the time scale of pay attached to the post held by him;
c) “daughter” means daughter of an employee till she attains 25 years of age and
includes step daughter or adopted daughter of such employee till she attains 25 years
of age;
d) “Director of Pension and Provident Fund and Group Insurance” means Director of
Pension and Provident Fund and Group Insurance appointed by the Government of
West Bengal;
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e) “emoluments” means basic pay and dearness pay last drawn;
f) “employee” means and includesi)
the approved teaching and non-teaching staff of Government, or Government
aided or sponsored, Training Institutions for Primary Teachers,
ii) the approved employees of District Primary School Councils or District School
Board,
iii) the approved leaching and non-teaching staff of Government Sponsored Free
Primary Schools and Junior Basic or Pre-Basic or Pre-Primary or Nursery
Schools taken over from Municipalities and brought under the Scheme of the
West Bengal Urban Primary Education Act, 1963 (West Ben. Act XXVIII of 1963);
g) “family” includes the following relations of an employee of the Council, namely:-
i) for the purpose of death gratuity-
A) spouse of the employee,
B) son including step son/adopted son,
C) unmarried and widow and divorced daughter,
D) mother,
E) father
F) brother below the age of 25 years and unmarried or widow sister;
ii) for the purpose of family pension-
A) spouse of the employee,
B) sons including step or adopted sons,
C) unmarried or widow and divorced daughter,
D) dependent parents;
Note: - Marriage after retirement shall be recognized for the purpose of family pension;
h) “leave” means any period of leave admissible to an employee under the rules
applicable to him;
i) “pensioner" means a retired employee who is receiving pension;
j) “Primary School” means a school sponsored by Government or the schools under the
management of District Primary School Council including Siliguri or Kolkata Primary
School Council and District School Board in Darjeeling Gorkha Hill Council area;
k) “Service Book” means the documents that contain the records of service of an
employee, as specified under Government Order No.804-Edn (B) dated 19.10.1990 and
Government Order No.l980-Edn (S) dated 15.12.1971;
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l) “State Government” means the Government of West Bengal in the School Education
Department.
(2) The words and expressions used and not defined in these rules but defined in the Act shall
have the same meanings as respectively assigned to them in the Act.
CHAPTER II
Pension
4. Classification of pensions
There shall be following four classes of pensions, namely:-
(a) compensation pension;
(b) invalid pension;
(c) superannuation pension;
(d) retiring pension.
5. Eligibility for pension
(1) An employee shall be eligible to compensation pension, invalid pension or superannuation
pension, as the case may be, if he has completed at least ten years satisfactory qualifying
services.
(2) An employee shall be eligible to retiring pension if he has completed at least twenty years
satisfactory qualifying services.
3) Any service of an employee before completion of his 18 years of age shall not count as
service.
6. Compensation pension
(1) An employee is entitled to receive compensation pensionary benefits for the satisfactory
service he has rendered if he is discharged on abolition of the permanent post held by him;
Provided that an employee is not entitled to receive compensation pension or gratuity for the
service he has rendered if he accepts any other appointment where his previous service may be
counted.
(2) An employee is not entitled to receive compensation pension for loss of appointment on
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discharge after the completion of a specified term of service.
(3) An employee shall be given a notice of not less than three months before he is discharged
from the service on abolition of the post held by him:
Provided that if in any case, notice of at least three months is not given and the employee is not
offered with any employment on the date on which his service is dispensed with the sanction of
the authority competent to dispense with the service, then a gratuity, not exceeding his
emoluments for the period by which the notice actually given to him falls short of three months,
may be paid to him in addition to compensation pension but no compensation pension shall be
payable for the period for which he receives a gratuity in lieu of notice.
7. Invalid pension
(1) An employee shall be entitled to receive invalid pension if he retires from service due to
becoming permanently incapacitated on account "of physical or mental infirmity.
(2) Unless otherwise specified, an employee who applies for an invalid pension shall submit a
medical certificate from the Chief Medical Officer of Government of West Bengal in the
concerned District or from any other Medical Officers of equivalent status nominated or
specified by the state Government.
(3) While applying for invalid pension, the employee shall furnish a medical certificate in
Form 19.
(4) Invalid pension is not admissible to an employee, if the Medical Officer certifies that the
incapacity of the employee is directly due to addiction to drugs, alcohol or any other
substance.
8. Superannuation pension
Superannuation pension is granted to an employee who retires at the age of 60 years.
9. Retiring pension
A retiring pension is admissible to an employee who is allowed to retire as per his prayer after
completing at least twenty years” satisfactory qualifying services.
10. Commencement of pension
The pensions herein above referred in rules 6, 7, 8 and 9 shall commence from the date
following the date of retirement of such employee.
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11. Determination of date of birth
(1) When the year of birth of employee is known but the date of birth is not known, the first
day of July shall be deemed to be the date of birth.
(2) When only the month and year of birth of an employee are known, the 16th day of that
month shall be deemed to be the date of birth.
12. Qualifying service
(1) The continuous satisfactory service of a whole time approved employee in any educational
Institution, shall count as qualifying service:
Provided that the service rendered before completion of 18 years shall not be counted as service:
Provided further that the service rendered by an employee in an unrecognized school or in a D.A.
getting school shall not be counted:
Provided also that the service rendered by an employee under the Central or in any State
Government or union territories shall count for determining qualifying services.
(2) Approved temporary service including approved service on leave or deputation vacancy in
one or more schools shall be counted towards pension, subject to the fulfillment of other
conditions for grant of pensions.
(3) All periods of authorized leave, other than extra-ordinary leave without pay, shall be
counted as qualifying service:
Provided that the service rendered by an employee under State Government shall be counted for
determining qualifying service:
Provided further that extra-ordinary leave granted other than on medical ground shall be also
counted towards calculating qualifying services if such leave is granted due to the employee’s
inability to join or rejoin duty on account of civil disturbance declared by the state government
or for pursuing higher studies in relation to his teaching subject in school with prior permission
from District Inspector of Schools concerned.
(4) Period of suspension fol lowed by reinstatement shall be counted as qualifying service if
such period is treated, by order, as duty by the competent authority.
(5) The period between the date of dismissal or removal and the date of reinstatement shall
be counted as qualifying service only if the appointing authority, by order, treats that period as
on duty or leave other than extra-ordinary leave.
(6) Vacations shall be counted as qualifying service if an employee is present on both the
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closing and re-opening dates and if on leave on either of the dates, the absence is regularized
by sanction of leave by the competent authority.
(7) Qualifying services for pension shall be counted upto the age of superannuation or the
date preceding the date of voluntary retirement.
(8) Period of absence under duress as declared by Government Order No.l071-Edn (S), dated
19.8.1977 and Government Order No. 477-Edn (S) dated 16.8.1980 (read with any subsequent
orders to the same effect) issued by Stale Government shall be counted as qualifying service.
(9) Any period of services not covered under sub-rules (1) to (8) shall not count as qualifying
service.
13. Effect of dismissal or removal or resignation
When an employee is dismissed or removed from service or when he resigns from the post,
the service rendered by him shall stand forfeited and such employee is not entitled to receive
pension.
14. Date of retirement
(1) When an employee is required to retire on attaining a specific age, the date on which he
attains that age, shall be reckoned as a working day and the employee shall retire with effect
from the afternoon of that day.
(2) If the date of retirement on superannuation of an employee falls on any date other than the
first day of the month, he shall be allowed to retire on the last day (afternoon) of the month.
(3) If the date of retirement on superannuation of an employee falls on the first day of a
month, he shall be allowed to retire on the last day (afternoon) of the preceding month.
15. Pension sanctioning authority
The Secretary of the District Primary School Council concerned shall be the pension
sanctioning authority under these rules.
16. Rate of pension
(1) The amount of pension shall be determined at the rate of 50% of last pay drawn in all
cases to an employee who has completed at least 33 years satisfactory qualifying services:
Provided that an employee, who at the time of retirement has rendered satisfactory qualifying
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service of 10 years or more but less than 33 years the amount of his pension shall be of such
proportion of the maximum admissible pension as the qualifying services rendered by him.
(2) The maximum or minimum monthly amount of pension in favour of a pensioner shall not
exceed or not be less than the sum as may be fixed from time to time by the State Government.
(3) In addition to pensions determined under sub-rule (1), the pensioner is entitled to relief as
admissible to the State Government pensioners from time to time.
(4) Subject to the other provisions of these rules the amount of monthly pension payable
monthly shall be expressed as a whole of a rupee and where the pension calculated according
to these rules contains a fraction of rupee, it shall be rounded off to the next higher rupee.
(5) A pension admissible to an employee shall be fixed and paid in Indian rupee and in India.
(6) Where the service of an employee has not been thoroughly satisfactory, the pension
sanctioning authority may make such reduction in the amount as it thinks fit.
(7) The proportionate reduction in the amount of pension under these rules should be to the
extent by which the employee’s service as a whole has failed to reach a thoroughly satisfactory
standard.
(8) The service of an employee against whom a charge of corruption has been initiated
through proceedings cannot be considered to be satisfactory.
(9) Final pension, gratuity etc., shall not be sanctioned to an employee against whom
departmental or judicial proceedings have been instituted or pending.
(10) In case of misconduct of the pensioner, the pension sanctioning authority shall have the
power to withhold pension or reduce the amount of pension.
17. The rate of dearness pension
The amount of dearness pension shall be determined at the rate of 50% of the dearness pay
(the part of dearness allowance merged with pay is treated as dearness pay) drawn last in all
cases to an employee who has completed at least 33 years satisfactory qualifying services:
Provided that for an employee who at the time of retirement has rendered satisfactory qualifying
service of 10 years or more but less than 33 years, the amount of his dearness pension shall be of
such proportion of the maximum admissible dearness pension as the qualifying service rendered
by him is in proportion to the maximum admissible length of service qualifying for pension:
Provided further that no part of dearness pension shall be allowed to be commuted before or
after retirement with or without medical examination by any employee under any
circumstances.
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18. Provisional Pension
(1) Where any departmental or judicial proceeding is instituted or pending against an
employee who is allowed to retire on attaining the age of superannuation or otherwise, he
shall be paid a provisional pension following his prayer during the period commencing from
the date of his retirement to the date on which the final orders are passed by the appropriate
authority on such proceeding.
(2) Where an employee who is allowed to retire on attaining the age of superannuation but
whose pension has not been sanctioned by the Pension Sanctioning Authority for want of his
necessary service records, shall be paid provisional pension following his prayers.
(3) The amount of provisional pension shall not exceed the sum total of maximum amount of
pension and the maximum amount of dearness pension, which would have been admissible to
an employee on the basis of his qualifying services up to the date of retirement, or if he was
under suspension on the date of retirement upto the date immediately preceding the dale on
which he was placed on suspension.
(4) Payment of the provisional pension shall be adjusted against the final retirement benefits
sanctioned to such employee up to conclusion of the aforesaid proceeding but no recovery
shall be made where the pension finally sanctioned is less than the provisional pension or the
pension is reduced or withheld either permanently or for a specified period.
(5) In no case the provisional pension, referred to in sub-rule (1), shall be paid beyond a
period of 12 months from the date of retirement. During sanction of provisional pension
under the rules, report on admissibility of pension is required to be obtained from the
Director of Pension, Provident Fund and Group Insurance, West Bengal. No Gratuity or death
cum retirement gratuity shall be paid to him until the conclusion of such proceedings and the
issue of final orders thereon. Such provisional pension shall be subject to adjustment against
the amount of pension including gratuity or by short payment of pension. All outstanding dues
shall be adjusted in the same manner as above.
19. Right to withhold pension in certain cases
(1) The pension of an employee may be withheld in whole or in part under an order of the
pension sanctioning authority, passed not later than 3 years after the date of retirement to
meet any sum due under the liability incurred by such employee to the government.
(2) The pension sanctioning authority reserves to himself the right of withholding or
withdrawing a pension or any part of it whether permanently or for a specified period, and
the right of ordering recovery from the pension relief of the whole or part of any pecuniary
loss caused to Government, if the person is found to have been guilty of grave misconduct or
negligence during the period of his service, including service rendered on reemployment after
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retirement:
Provided that such proceedings by Managing committee if instituted while the employee was in
service whether before his retirement or during reemployment, shall after the final retirement of
the employee be deemed to be a proceeding under this article and shall be continued and
concluded by the authority by which it was commenced in the same manner as if the employee
had continued in service:
Provided further that such proceedings, if not instituted while the employee was in service,
whether before his retirement or during reemployment shall not be instituted save with the
sanction of Secretary of the Department and shall not be in respect of any event which took place
more than 3 years before such institution.
(3) An employee who retires from service but against whom criminal proceedings involving
moral turpitude is pending in a court of law shall not be sanctioned any pension until the
termination of the criminal proceedings:
Provided that an interim allowance not exceeding two thirds of the pension that would have
been admissible but for the criminal proceedings may be granted during the pendency of such
proceedings in case of hardship.
Provided further that if he is convicted on a criminal charge involving moral turpitude he shall
not be entitled to any pension but a compassionate allowance may be granted to him and this
shall not exceed two third of the pension which would have been admissible to him if he had
retired on medical certificate.
Provided also that interim allowance or compassionate allowance, as the case may be, can be
sanctioned only after obtaining an admissibility report from Director of Pension, Provident Fund
and Group Insurance. West Bengal:
Provided also that no such judicial proceedings if, not instituted while the employee was in
service, whether before his retirement or during re-employment shall be instituted in respect of a
cause of action which arose, or an event which took place more than 3 years before such
institution.
Explanation I. - For the purpose of this rule a departmental proceeding shall be deemed to have
been instituted on a date on which the charge sheet or statement of chargcs is issued to the
pensioner or if the employee or an employee has been placed on suspension from an earlier date,
on such date.
Explanation II. - For the purpose of this rule a judicial proceedings shall be deemed to have been
instituted -
(a) in the case of criminal proceeding, on the date on which the complaint or report of the
police officer, on which the magistrate takes cognizance is made, and
(b) in the case of civil proceedings, on the date, on which the plaint is presented or as the
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case may be, an application is made to the civil court.
(4) Where any departmental or judicial proceeding is instituted against an employee who has
retired on attaining the age of retirement or otherwise, he shall be paid during the period,
commencing from his retirement to the date on which, upon conclusion of such proceedings
final orders are passed, a provisional pension not exceeding the maximum pension which
would have been admissible on the basis of his qualifying service upto the date of retirement
or if he was under suspension, for the period between the date of his joining to the date
immediately preceding the date of suspension, but no gratuity or death cum retirement
gratuity shall be paid to him until the conclusion of such proceeding and the issue of final
orders there on.
(5) Payment of provisional pension made under clause (4) shall be adjusted against the final
retirement benefit sanctioned to such an employee upon conclusion of aforesaid proceeding
but no recovery shall be made where pension finally sanctioned is less than provisional
pension or the pension is reduced or withheld either permanently or for a specified period.
20. Withholding of pension and dearness pension in case of convictions
and misconduct
(1) The Pension Sanctioning Authority shall by order, in writing, withhold or withdraw a
pension or a part thereof whether permanently or for a specific period, if the pensioner is
convicted of criminal offence serious in nature or is found guilty of grave misconduct.
(2) Where a pensioner is convicted of criminal offence serious in nature by a court of law,
action under sub-rule (1) shall be taken in the light of the judgement of the Court relating to
such conviction.
(3) In the context of a case not falling under sub-rule (2). if the pension sanctioning authority
under the sub-rule (1) considers that the pensioner is prima-facie guilty of grave misconduct,
it shall, before passing an order under sub-rule (1), serve upon the petitioner a notice
specifying the action proposed to be taken 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
pension sanctioning authority, such representation as he may wish to make against the
proposal and such representation shall be considered by the pension sanctioning authority
while withholding the pension under sub-rule (1).
(4) An appeal against an order under sub-rule (1) shall be made to the Secretary, School
Education Department, Government of West Bengal.
21. Recovery of dues before sanctioning pension
(1) When a retiring employee does not clear government dues and these are ascertainable, an
equivalent cash deposit or refund may be taken from him or may be deducted out of gratuity
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payable to him before releasing his final pension or gratuity.
(2) If any of the Government dues remain unassessed for any reason the retiring employee
may be asked to furnish a suitable bond or a part of gratuity not exceeding the estimated
outstanding dues plus 25 % there of may be withheld (subject to maximum of 10%) and
balance may be released to him.
(3) Government dues remaining unrealized and other dues revealed within a period not
exceeding six months from the date of retiring of the employee, shall, however, be reckonable
from the pensioner by adjusting with dearness pension or dearness relief admissible.
CHAPTER III
Gratuity
1. Gratuity
(1) For a service of 10 years or more, an employee is entitled to retiring gratuity at the rate of
one -fourth of his for each completed six monthly period of satisfactory qualifying service,
subject to a maximum of 16 1/2 months emoluments as fixed by the Government. For service
of less than 10 years but more than at least 1 year, the rate of gratuity is 1/2 month’s
emoluments reckonable for pension for every completed six monthly period of service. The
maximum amount is however Rs. 2,50,000/- :
Provided that the period of satisfactory qualifying exceeding 33 years shall not be counted.
(2) No gratuity shall be paid to an employee against whom a departmental or judicial
proceeding is instituted or pending, until the conclusion of such proceeding and the issue of
final order.
(3) While calculating the amount of death or retirement Gratuity, Dearness pay and Dearness
Allowances drawn immediately before death or retirement shall be taken into account in
addition to Basic Pay last drawn.
23. Provisional gratuity
An employee whose gratuity is not sanctioned for the reasons as stated in sub-rule (2) of rule
22, provisional gratuity, after withholding of 10 per cent or Rs. 10, 000/- of the provisional
gratuity, whichever is less should be sanctioned to the retiring employee by Pension
Sanctioning Authority concerned subject to the furnishing a written undertaking by the
pensioner concerned.
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CHAPTER IV
Provisions relating to death gratuity and family pension.
24. Death gratuity
In the event of death in harness, the death gratuity shall be admissible at such rates as
mentioned in table below:-
Table
Length of qualifying service Rate of death gratuity
(a) Less than one year 2 times of the amount reckonable as Gratuity
(b) One year or more but less than 5 6 times of the amount reckonable as Gratuity
(c) 5 years or more but less than 20 years 12 times of the amount reckonable as Gratuity
(d) 20 years or more Half of the amount reckonable for Gratuity for
every completed 6 monthly period of qualifying
service, subject to maximum of 33 times of the
amount reckonable for Gratuity.
In no case the amount shall exceed Rs. 2,50,000/-
25. Nomination
(1) Any employee to whom these rules apply shall make a nomination in writing in the
appropriate form conferring on one or more persons the right to receive the retiring gratuity
or death gratuity that may be sanctioned under these rules.
(2) The concerned employee as well as the heads of offices shall follow the following
nomination procedure: —
(a) every whole time and regular West Bengal Recognized Non-Government
Educational Institution Employees and teachers shall execute nomination in the proper
form as prescribed under these rules just after his joining the service or as soon as his
or her services are made whole time and regular;
(b) it shall be the duty of every head of office to supply necessary Form of nomination
for West Bengal Primary Teachers’ Death Cum Retirement Benefit Rules to every whole
time and regular employee on the very date of his joining service or on the date in
which the employee is brought under whole time and regular service;
(c) on receiving the nomination Form from the employee concerned, the same should
be pasted in the service Book after it is duly countersigned by the head of the office as
required under these rules;
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(d) the statement of family should be obtained just after the employee completes one
year’s service and the same should be pasted in the Service Book. It shall be incumbent
upon the employee concerned to report to the head of the office, in writing, any
omission or addition that may occur subsequently in order to keep the statement of
family members updated;
(e) if an employee has a family, the nomination shall not be in favour of any person or
persons other than the member of his family. If an employee nominates more than one
person, he shall specify in the nomination Form the amount or share payable to each of
the nominee in such manner as to cover the whole amount of gratuity.
26. Family pension
(1) Family pension is admissible to the members of the family of an employee who dies while
in service after rendering at least one year’s service.
(2) The benefit shall also be admissible in case of death of an employee after retirement if at
the time of death he was in receipt of compensation, invalid, retiring or superannuation
pension.
27. Family pension at normal rate
The rate of family pension admissible to the members of the family of an employee shall be
30% of pay (basic pay) drawn last actually or notionally:
Provided that maximum and the minimum amount of family pension shall be fixed by orders of
the State Government from time to time.
28. Family pension at enhanced rate
(1) In the event of death of an employee while in service, the enhanced rate of family pension
may be admissible:
Provided that the employee concerned has rendered, not less than 7 years continuous service,
prior to his death:
Provided further that the family pension at enhanced rate is payable for, a period of 7 years from
the day following the date of death or till the date on which the employee concerned would have
attained the age of 65 years had he survived, whichever period is less.
(2) In the event of death after retirement, the family pension at enhanced rale shall be payable
up to the date on which the deceased employee concerned would have attained the age of 65
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years had he survived or for 7 years, whichever period is less and after the period of family
pension at enhanced rate is over, family pension at normal rate shall commence.
(3) The amount of family pension at enhanced rate payable under these rules shall be
calculated in the following manner:-
(a) 50% of the last basic pay of the deceased employee:
(b) two times of family pension as per last basic pay;
(c) amount of pension in case of pensioner (in case of died in harness this point should
not be filled).
(4) The amount whichever is the lowest amongst clauses (a), (b) and (c) of sub-rule (3) shall
be taken into consideration for payment of family pension at enhanced rale.
29. Period during which family pension is admissible
Subject to the following conditions, the family pension shall be admissible -
(a) in the case of widow or widower up to the date of death of such widow or widower or remarriage
of such widow, whichever is earlier;
(b) in the case of son, until he attains the age of 25 years;
(c) in the case of unmarried daughter, till she attains the age of 25 years or marriage
whichever is earlier;
(d) in the case of dependent parents up to the date of their death or re-marriage, whichever is
earlier.
Note. - Where an employee is survived by more than one widow, the family pension shall be paid
to them in equal shares. This shall not be applicable in cases where bigamy is barred by statutes
and personal law. On the death of the widow, her share of the pension shall become payable to
her eligible minor children. If at the time of her death a widow leaves no eligible minor child, the
payment of her share of the pension shall cease.
30. Grant of family pension to dependent disabled son(s) or daughter(s)
of the Deceased Pensioner:-
Where a deceased pensioner’s son or unmarried or widowed daughter, who is suffering from
any mental disorder or disability of mind or is physically disabled so as to prevent him or her
to earn his or her living even after attaining the age of 25 years, shall be paid family pension
during his or her lifetime subject to the following conditions:-
(a) if such son or daughter is one among two, or more of the pensioner, the family pension
shall be initially payable to the minor children, in the case of minor son until he attains the age
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of 25 years and in the case of unmarried daughter until she attains the age 25 years or
marriage which ever is earlier, as the case may be, and thereafter the family pension shall be
resumed in favour of the son or daughter suffering from disorder or disability of mind or who
is physically crippled or disabled and shall be payable to him for life;
(b) if there are more than one such son or daughter suffering from mental disorder or
disability of mind or who arc physically disabled, the family pension shall be payable in the
order of their birth and the younger shall get the family pension only after the elder next
above him ceases to be eligible. When the family pension is payable to twin children, it shall be
paid to such twin children in equal shares, provided when one such child ceases to be eligible,
his share shall revert to the other and when both of them cease to be eligible the family
pension shall be payable to the next eligible single child or twin children;
(c) the family pension shall be paid to such son or daughter through the guardian as if he is a
minor; production of guardianship certificate is not necessary where such child has attained
the age of majority;
(d) before allowing the family pension for life to any such son or daughter, the sanctioning
authority shall satisfy that the disability is of such a nature as to prevent him or her from
earning his or her livelihood and the same shall be evidenced by a certificate obtained from a
medical officer not below the rank of a Sub- Divisional Medical Officer, stating, as far as
practicable, the Mental or Physical condition of such son or daughter;
(e) the person receiving the family pension as guardian of such son or daughter shall produce
once in every year a certificate from a Medical Officer not below the rank of Sub-Divisional
Medical Officer to the effect that he or she continues to suffer from mental disorder or
disability of mind or continues to be physically disabled;
Provided that such son or daughter is not in receipt of any kind of pension whatsoever from any
Government or Government Undertaking etc. on account of such disability:
Provided further that in case of disability of permanent in nature certified as non-recoverable. or
incurable, the production of certificates for every three years may be done away with.
31. Date of effect of family pension
A family pension shall take effect from the day following die death of an employee or
pensioner.
32. Family pension payable to one member of the family
(1) Subject to the provision contained in the note under rule 29, the family pension sanctioned
under these rules shall not be payable to more than one members of the employee’s family at
the same time. It shall first be admissible to the widow or widower and on the death of such
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widow or widower to the first eldest minor daughter, thereafter next minor daughter
according to seniority and when there shall be no minor daughter, the eldest minor son and so
on and thereafter to mother and lastly to father. Payments to minor shal I be made through
natural or legal guardian.
Note: - Payment of family pension shall not be any bar if at the time of entitlement, the widow or
widower or unmarried daughter or son happens to be employed anywhere.
33. Family pension and retirement benefits against disappeared
employee
(1) When an employee disappears leaving his family, admissible retirement benefits may be
granted to his eligible members of the family as mentioned under rule 28.
(2) On receipt of such application along with documents as may be necessary subject to
fulfilment of the following conditions:-
(a) the family must lodge a report with the concerned police station and obtain a report from
the Officer-in- Charge of such Police Station to the effect that the incumbent could not be
traced out in spite of efforts made by the police.
(b) an indemnity bond should be taken from the family pensioner concerned to the effect that
all payments received from the Government shall be refunded to the Government in the event
the missing person reappears and claims his dues.
(3) All Government dues outstanding against the employee shall be recovered from the relief
on pension.
(4) The family concerned shall apply to the Secretary, District Primary School Council
concerned for grant of family pension after one year from the date of disappearance of the
employee.
(5) The Pension Sanctioning Authority concerned shall make proper scrutiny of the
application received under sub-rule (3) and if it found proper, he shall recommend it to the
Director of School Education, West Bengal and the Director of School Education in his turn
shall toward the case with his comments to the Slate Government.
34. Procedure for payment of retirement benefits
(1) (a) The Sub-Inspector of Schools concerned shall prepare a list as shown in Form 1 every
six months, i.e. on the 1st January and the 1st July each year of all employees who are to retire
within the next 30 months of that date.
(b) A copy of every such list shall be sent to the Director of Pension, Provident Fund and Group
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Insurance, not later than the 31st January or the 31st July as the case may be, of that year. In
case of the persons retiring for reasons other than by way of superannuation, the Sub-
Inspecor of Schools concerned shall promptly inform the Director of Pension, Provident Fund
and Group Insurance.
(2) The Sub-Inspector of Schools concerned shall send a notice specified in Form 2 to the
employee who is to retire on superannuation within the next 24 months.
(3) An employee, who is eligible for pension under these rules, shall submit to the Sub-
Inspector of Schools concerned a formal application for pension in Form 3 as specified in third
schedule duly filled in all respects along with other papers as specified in Form Nos. 4,5,6,7,8
and 9 positively 18 months in advance of his retirement on superannuation. It is to be noted
that the retirement benefit can only be obtained when the retiring or retired employee or
family pensioner shall submit a formal application for retirement benefits in prescribed
proforma as above duly filled in all respects with all requisite papers for any kind of pensions
or family pension or Contributory Provident Fund cum Gratuity / Death Gratuity in case of
those employees opted for Contributory Provident Fund cum Gratuity under Death Cum
Retirement Benefit, 1981.
(4) The Sub-Inspector of Schools on receipt of the formal application for pension, shall
prepare the pension papers as specified in Forms 12, 13, 14 and 15 after due scrutiny and
verification of the service claimed and the emoluments actually drawn and forward the same
along with the original Service Book to the Pension Sanctioning Authority concerned within 3
months after the receipt of the application from the employee under sub-rule (3).
(5) The Pension Sanctioning Authority concerned shall check the pension papers and Service
Book under sub-rule (4) with reference to the Check List prescribed in Form 23 (Check List)
and shall countersign the Service Book and other forms as required above and he shall also
prepare Pension Calculation Sheet in Form 17. He shall also countersign the Initial Pay
Fixation statements of different Revision of Pay and Allowances. Within 3 months from the
date of receipt of said papers from the Sub-Inspector of Schools, the Pension Sanctioning
Authority concerned shall send the Pension papers as stated under sub-rule (4) alongwith
Service Book, Form 17 and Form 23 duly completed in all respect to the Finance Officer of the
District Primary School Council concerned for further examination.
(6) After receiving back the pension papers, if any observation or objection is made by the
Finance Officer of the District Primary School Council concerned, the Pension Sanctioning
Authority concerned shall promptly meet the observation or objection with the disposal of the
pension papers to enable the Finance Officer of the District Primary School Council concerned
to give certificate as to the correctness of the case within 3 months from the date of receipt of
the pension case from the Pension Sanctioning Authority concerned.
(7) After obtaining the prescribed certificate as to the correctness of the case from the Finance
Officer of the District Primary School Council concerned, the Pension Sanctioning Authority
concerned shall sanction pension in Form 16 and shall send all duly filled Forms, as applicable,
with the forwarding letter as in Form 18, including Service Book in original and Form 23
(Check List) to the Director of Pension. Provident Fund and Group Insurance, West Bengal
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within 3 months from the date of receipt of such papers from Finance Officer of the District
Primary School Council concerned.
Note: - There is no bar to receive service pension and family pension under theses rules if the
family pensioner's husband happens to be in military service prior to appointment as employee.
(8) If the Pension Sanctioning Authority concerned cannot sanction the pension of a employee
for whatever be the reasons he shall intimate his decision thereof to the employee concerned
within 3 months from the date of receipt of the papers as provided in sub-rule (5).
(9) Director of Pension, Provident Fund and Group Insurance shall issue the said pension
payment order within 5 months from the date of receipt of die pension papers under sub-rule
(7).
(10) Director of Pension, Provident Fund and Group Insurance shall send Pension Payment
Order (PPO) to the Pension Disbursing Officer or Treasury Officer concerned with copies to
the Pension Sanctioning Authority concerned and the retiring employee or family pensioner
within 5 months from the date of receipt from the Pension Sanctioning Authority concerned.
(11) On receipt of the Pension Payment Order (PPO). the Pension Disbursing Officer (P.D.O.) or
Treasury Officer (T.O.) concerned shall on personal appearance of the pensioner, complete
formalities as prescribed in the relevant rules and start payment of admissible retirement
benefits, from the date as mentioned in the Pension Payment Order (PPO).
(12) If the Director of Pension, Provident Fund and Group Insurance cannot issue Pension
Payment Order of an employee for whatever be the reasons, shall intimate his decision thereof
to the Pension Sanctioning Authority and the employee concerned, within 5 months from the
date of receipt of the papers as provided in sub-rule (7).
(13) The pension sanctioning authority shall sanction provisional pension, provisional
gratuity and issue Provisional Pension Payment order. The same shall be drawn and disbursed
by the Sub-Inspector of Schools concerned from concerned Treasury.
CHAPTER V
Commutation of pension
35. Commutation of pension
An employee who is eligible for the benefit of pension under these rules shall be entitled to
commute for a lump sum payment at the specified rate:
Provided that an employee shall not be entitled to commute more than 40 % of the pension
which has been or may be granted to him:
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Provided further that a employee against whom a judicial or departmental proceeding has been
instituted or continued or a pensioner against whom any such proceeding has been instituted or
continued shall not be permitted to commute any portion of his pension during the pendency of
such proceeding.
36. Application for commutation before retirement
An employee before his retirement shall make an application to the sub-inspector of Schools
concerned in Form 4 along with the application for pension under sub-rule (3) of rule 34.
37. Application for commutation after retirement
A pensioner who fails or declines to make an application for commutation of pension to the
sub-inspector of Schools concerned in Form 4 along with the application for pension under
sub-rule (3) of rule 34 the employee, may apply to the Sub-Inspector of Schools upto the age of
61 without medical examination. The pensioner shall enclose a copy of Pension Payment
Order with the application for commutation of pension.
38. Application for commutation exceeding 61 years
(1) A pensioner who fails or declines to make an application for commutation of pension to
the sub-inspector of Schools concerned in Form 4 along with the application for pension
under sub-rule (3) of rule 34. the pensioner, may apply to the Secretary. District Primary
School Council concerned at the age exceeding 61 years with medical examination in Form 10
for commutation of a portion of his pension.
(2) (a) The Pension Sanctioning Authority concerned, on receipt of application in Part I of
Form 10, acknowledge the receipt in Part II of Form 10 and despatch the same to the
applicant.
(b) the Pension Sanctioning Authority concerned shall forward in original to the Director of
Pension, Provident Fund and Group Insurance in Part III of Form 10 with the request that part
IV of that Form may be completed and returned to him as early as possible so that action for
getting the applicant examined by the appropriate medical authority can be taken.
(3) The Director of Pension and Provident Fund and Group Insurance shall, on receipt of Form
10 from the Pension Sanctioning Authority concerned complete Part IV of that Form and
transmit the same to the Competent Authority as early as possible.
(4) The Competent Authority shall, on receipt of Form 10 from the Director of Pension,
Provident Fund and Group Insurance intimate the applicant in Part V (2) of Form 10 by such
Medical Authority or Medical Boards as the Competent Authority may consider fit for
commutation and shall at the same time instruct him to appear for examination before the
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Medical Authority or Medical Board within three weeks from the date of its order, or he has
applied for Commutation in advance of the date of his retirement within three months from
the date of order but in case earlier than the date of retirement and shall supply a copy of Part
I of Form 11 to the applicant. If the applicant appears before the Medical Authority or Medical
Board, he shall be deemed to have accepted the amount authorized to be commuted.
(5) A copy of Part V(2) of Form 10, as the case may be shall be endorsed by the Director of
Pension, Provident Fund and Group Insurance to the Appropriate Medical Authority or
Medical Board through the Director of Health Services (for cases in Calcutta) or the Chief
Medical Officer of Health (for any other case) with -
(i) Part II and Part III of Form 11;
(ii) Part IV of Form 10 duly completed in original;
(iii) two copies of the applicant’s photograph of which one copy shall be attested by an
officer belonging to Group A service of the State Government.
(6) (a) If the applicant, after receipt of communication from the Competent Authority under
sub-rule (4) fails to appear for Medical examination before the Medical Authority or Medical
Board on the date and at the time communicated to him (including any change therein either
at the request of the applicant or due to administrative reasons) and there is no reasonable
ground for his failure, the Medical Authority or Medical Board shall report the fact to the
Competent Authority concerned and return to him the documents received under sub-rule
(4).
(b) With the return of documents to the Competent Authority under clause (i) the application
for commutation shall be deemed to have been withdrawn.
(7) The Director of Health Services, West Bengal or the Chief Medical Officer of Health shall, on
receipt of documents referred to in sub-para (4), shall
(a) arrange for the medical examination of the applicant by the Medical Authority at the
nearest available station from the residence of the pensioners;
(b) transmit the documents referred to in sub-para (4) to the Medical Authority with
the direction to examine the applicant;
(c) inform the applicant as to the place and date of his medical examination and direct
the Medical Authority to communicate to the applicant the time of such examination.
Note. - In fixing the date of medical examination, it shall be ensured that the medical
examination is held before the applicant’s next birthday.
(8) The Certifying Medical Authority shall, after obtaining from the applicant a statement in
Part I of Form 11 which must be signed in their presence, subject to strict examination enter
the results in Part II of Form 11 and record their opinion as to the accuracy with which the
pensioner has answered the questions in Part I of From B regarding his medical history and
habits, attest the unattested copy of the photograph of the applicant, complete the certificate
contained at the end of Part II of Form 11 and forward it to the Audit Officer, who has already
completed Part IV of Form 10, with the following documents:-
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(i) Part II or Part III of Form 11 in original;
(ii) Attested copy of applicants photograph;
(iii) Part I of Form 11 in original; and
(iv) Part IV of Form 10 duly completed in original.
(9) The Medical Authority or Medical Board shall also send to the applicant a certified copy of
Part III of Form 11 and forward a certified copy of Part III of Form 11 to the Competent
Authority who has signed Part V (1) or Part V (2) of Form 10.
(10) If the Medical Authority or Medial Board or Special Board, as the case may be directs that
his age for the purpose of commutation shall be assumed to be greater than his actual age, the
applicant may withdraw his application by written notice despatched within a period of two
weeks from the date on which he receives intimation of the finding after Medical Authority
and of the revised sum payable on communication. The Pension Sanctioning Authority shall
communicate the adverse medical report and revised sum payable as commuted value.
(11) If the applicant does not withdraw in writing his application within the said period of two
weeks, he shall be deemed to have accepted the revised sum offered.
(12) The pensioner who applied for commutation of pension within one year from the date of
his retirement shall not be subjected to medical examination for the purpose of payment of
commuted value of pension, provided this benefit shall not be admissible to the persons
retired cn ground of invalidation. Application for commutation of pension without medical
examination shall be made after the date of retirement and the commutation shall become
absolute, that is, the retired pension shall become absolute, that is, the retired person shall
become entitled to receive the commuted value of pension on the date on which his
application is received by the Competent Authority. A pensioner who has applied for
commutation of pension without medical examination shall have no option to withdraw his
application. Persons retired on ground of invalidation and those have applied for commutation
of pension after one year from the date of retirement shall be subjected to medical
examination. Such persons shall become entitled to receive the commuted value of pension on
the basis of next birth day following the date on which the medical authority signs the medical
certificate.
(13) In case of application for commutation of pension from a pensioner drawing invalid
pension, the Medical Board shall, after examination in the manner as stated above, record his
opinion in Part III of Form 11.
(14) The Medical Authority examining a pensioner applying for commutation of pension shall
be competent to charge fee at rates as prescribed by the State Government in the Health
Department.
Note. -The commuted portion of pension shall be restored to a pensioner after completion of 15
years from the date of retirement, irrespective of the date of commutation.
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CHAPTER VI
Miscellaneous
39. Transfer of pensionary benefit from one Treasury of India to another
(1) A pensioner settled outside the State of West Bengal can make an application to Director of
Pension, Provident Fund and Group Insurance, West Bengal showing sufficient cause to allow
transfer of payment from one Treasury in the Stale of West Bengal to another Treasury in
other States or Union Territories in duplicate in Form 20:
Provided that if a pensioner or family pensioner prefers payment of his pensionary benefit
outside West Bengal he may submit application to the Director of Pension, Provident Fund and
Group Insurance in duplicate in Form 21.
(2) The Director of Pension, Provident Fund and Group Insurance shall countersign and
forward the same to the Accountant General (A&E), West Bengal for issuing Special Seal
Authority to the concerned Accountant General for payment of pensioner benefits outside
West Bengal as per application under sub-rule (1).
(3) If the Pensioner or Family Pensioner prefers on a date subsequent to the first drawal of
Pensionary benefit from a Treasury in West Bengal or Pension Disbursement Office Kolkata to
draw the Pensionary benefits from a Treasury outside West Bengal he shall submit an
application in forms specified in eighth schedule before the concerned Treasury in West
Bengal or Pension Disbursement Office, Kolkata. On all the cases, recent duly attested Joint or
Single photographs, fresh specimen signature or Left Thumb Impression, are to be collected
by the respective Treasury Officer(s) or Pension Disbursement Office (PDO), Kolkata.
(4) On receipt of such application from the Pensioner or Family Pensioner the Treasury in
West Bengal or Pension Disbursement Office. Kolkata shall forward the application in Form 22
with both halves of the Pension Payment Order with last payment certificate embodied
thereon and photographs, specimen signatures etc. to the Director of Pension and Provident
Fund and Group Insurance, West Bengal for necessary authentication and placement before
the Accountant General (A&E), West Bengal for issuing specimen seal authority to the
concerned Accountant General outside West Bengal.
(5) On the receipt of both copies of P.P.O. (one copy for Treasury and other is incumbent’s
copy) with application in duplicate and the photographs, specimen signatures etc. from the
concerned Treasury or Pension Disbursement Office under sub-rule (4), the Director of
Pension, Provident Fund and Group Insurance, shall cancel both halves of P.P.O. and forward
the same to the Accountant General (A&E), West Bengal along with the single or joint
photographs, fresh specimen signature etc. and a fresh Descriptive Rolls of such Pensioners or
Family Pensioners for issue of Special Authority. The Director shall also send specimen
signature of the Audit Officer or Director. Pension, Provident Fund & group insurance. West
Bengal to the Accountant General (A&E), West Bengal. While sending both halves of P.P.O. to
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the Accountant General (A&E), West Bengal for issuance of Special Seal Authority in respect of
the first payment, the following documents are required to be submitted by The Director of
Pension, Provident Fund and Group Insurance, namely: -
(a) Last Pay Certificate;
(b) sanction of pension;
(c) amount of pension or gratuity or commuted value of pension;
(d) amount commuted and amount reduced pension;
(e) date of restoration of normal pension after commutation;
(f) name of family pensioner:
(g) date of birth in case of minor:
(h) nomination for life time arrear.
(6) While sending transfer cases to the Accountant General (A&E), West Bengal the Director of
Pension, Provident Fund And Group Insurance being the Pension Payment Order issuing
Authority is also required to get the Pension Payment Order cancelled and fresh Pension
Payment Order prepared with last payment certificates for issuance of Special Seal Authority.
In the matter of issuance of Special Seal Authority, the Accountant General (A & E), Wesl
Bengal shall act as an interface between the Director of Pension and Provident Fund and
Group Insurance, West Bengal and other States.
(7) In the cases of revision of pension the Director of Pension and Provident Fund and Group
Insurance, West Bengal shall issue revised authority as per the scheme with the counter
signature and send the same to the Accountant General (A&E), West Bengal for issuing Special
Seal Authority. In the case of Revision or Relief in pension the Director of Pension and
Provident Fund and Group Insurance shall send copy of the order granting relief of pension at
revised rates to the Accountant General (A&E), West Bengal for issue authority for payment of
relief at revised rate to the pension drawing person from other States.
(8) The pensioners or family pensioners desirous of drawing pension from outside this State
shall furnish to the concerned pension disbursing authority necessary certificates or
documents like life certificate, non-employment certificate etc. as and when required by the
said authority.
(9) Regarding accounting procedure, the amount paid by the other State Governments shall
initially be booked under ‘'8793-Inter-State Suspense Accounts with Government of West
Bengal.
(10) On receipt of clearance by R.B.I. Nagpur the same is to be kept under “8658-Suspense
Account-110-CAO RBI Suspense” as debit. On receipt of the vouchers and details from the
concerned Accountant General the amount is to be debited finally under “2071 -01 -109 -NP-
001 -V-04".
40. Application of West Bengal Service Rules
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In all matters not expressly provided for by these rules, the rules specified in the West Bengal
Service (Death-cum-Retirement Benefit) Rules, 1971 shall, in so far as they are not
inconsistent with these rules and with the Act, shall apply to the employees mutatis mutandis
subject to approval of the Government of West Bengal in the Finance Department.
41. Interpretation
If any question arises on any matter or matters relating to the interpretations to these rules, it
shall be referred to the State Government and the decision of the Slate Government thereon
shall be final.
42. Relaxation
Nothing in these rules shall be construed to limit or abridge the power of the State
Government in School Education Department to dispense with or relax with requirement of
any provisions of these rules to such extent and subject to such condition as may be
considered necessary.
43. Repeal and savings
(1) The provisions of West Bengal Recognized Non-Government Educational Institution
Employees (Death-cum-Retirement) Scheme 1981, as applicable to teachers of Primary
Schools, along with notifications, memorandum and orders published earlier relating to the
eligibility, application, admissibility of the benefits under the aforesaid West Bengal
Recognized Non-Government Educational Institution Employees (Death-cum-Retirement)
Scheme, 1981 shall be deemed to have been repealed in so far as they are repugnant to the
matters covered by these rules:
Provided that such repeal shall not affect the previous operation of die said scheme, notifications
and orders or anything done or any action taken thereunder and the benefits already granted on
the basis of the scheme, notifications, orders in force prior to coming into effect of these rules
shall not in any way be adversely affected.
(2) The Forms appended to these rules shall replace the relevant existing Forms.West Bengal Primary Education Teachers and Employees
Death cum Retirement Benefit Rules, 2008
GOVERNMENT OF WEST BENGAL
School Education Department
Bikash Bhawan, Salt Lake, Kolkata - 700 091
NOTIFICATION
No. 1467-SE(Law) PL/5S-174/07, Dt. 05.08.2008 - The following draft of rules, which the
Governor proposes to make in exercise of the power conferred by sub-section (1) of section
106, read with clause (q) of sub-section (1) of section 60 of the West Bengal Primary
Education Act, 1973 (West Ben. Act XLIII of 1973) (hereinafter referred to as the said Act) and
in supersession of all orders, schemes and notifications on the subject, is hereby published, as
required by sub-section (1) of section 106 of the said Act), for information of persons likely to
be affected thereby;
The draft shall be taken into consideration on or after the expiry of a period of thirty days
from the date of its publication and any objections or suggestions with respect thereto, which
may be received by the undersigned before the said period, shall be duly considered: -
Draft rules
CHAPTER I
Preliminary.
1. Short title
These rules may be called the West Bengal Primary Education (Teachers and Employees’
Death-cum-Retirement Benefit) Rules, 2008.
2. Application
(1) These rules shall apply to -
a) the teachers who have joined the service on or after the first day of April 1981 and
opted for pension- cum-general provident fund including family pension under West
Bengal Non-Government Aided Educational Institution Employees (Death Cum
Retirement Benefit) Scheme 1981;
b) the teachers who joined the service on any date on or after the first day of April,
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1968 and opted to come under Pension-cum-Family Pension and Gratuity under the
West Bengal Recognized Non-Government Educational School Employees (Death-cum-
Retirement Benefit) Scheme. 1981 published under Government Order No. 136-Edn
(B) dated 15.5.85 within the timeframe, as decided by Government Orders Nos. 136-
Edn (B) dated 15.05.1985, 284 Edn (B) dated 17.10.1989, 148 Edn (B) dated
31.05.1990 and 496 - Edn (B) dated 16.12.1991:
Provided that those options have duly been accepted by respective District Inspector of
Schools.
c) the approved teaching and non-teaching staff of the Government or Government
aided or sponsored Training Institutions for Primary Teachers;
d) the approved employees of District Primary School Councils or District School
Board;
e) the approved teaching and non-teaching staff of Government Sponsored Free
Primary Schools and Junior Basic or Pre-Basic or Pre-Primary or Nursery Schools taken
over from municipalities and brought under the Scheme of the West Bengal Urban
Primary Education Act, 1963 (West Ben. Act XXVIII of 1963).
(2) Subject to the provisions of Chapter III with respect to payment of Gratuity, these rules
shall not apply to the teachers of D.A. getting schools or the teachers appointed or engaged on
contract basis such as part-time teachers, para- teachers or Siksha Sahayaks and to those
teachers who have opted for Contributory Provident Fund in lieu of Pension- cum-Family
Pension.
3. Definitions
(1) In these rules, unless there is any thing repugnant in the subject or contexta)
“Act” means the West Bengal Primary Education Act, 1973 (West Ben. Act XLIII of
1973);
b) “basic pay” means the monthly pay which is drawn by an employee and which
corresponds to a stage in the time scale of pay attached to the post held by him;
c) “daughter” means daughter of an employee till she attains 25 years of age and
includes step daughter or adopted daughter of such employee till she attains 25 years
of age;
d) “Director of Pension and Provident Fund and Group Insurance” means Director of
Pension and Provident Fund and Group Insurance appointed by the Government of
West Bengal;
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e) “emoluments” means basic pay and dearness pay last drawn;
f) “employee” means and includesi)
the approved teaching and non-teaching staff of Government, or Government
aided or sponsored, Training Institutions for Primary Teachers,
ii) the approved employees of District Primary School Councils or District School
Board,
iii) the approved leaching and non-teaching staff of Government Sponsored Free
Primary Schools and Junior Basic or Pre-Basic or Pre-Primary or Nursery
Schools taken over from Municipalities and brought under the Scheme of the
West Bengal Urban Primary Education Act, 1963 (West Ben. Act XXVIII of 1963);
g) “family” includes the following relations of an employee of the Council, namely:-
i) for the purpose of death gratuity-
A) spouse of the employee,
B) son including step son/adopted son,
C) unmarried and widow and divorced daughter,
D) mother,
E) father
F) brother below the age of 25 years and unmarried or widow sister;
ii) for the purpose of family pension-
A) spouse of the employee,
B) sons including step or adopted sons,
C) unmarried or widow and divorced daughter,
D) dependent parents;
Note: - Marriage after retirement shall be recognized for the purpose of family pension;
h) “leave” means any period of leave admissible to an employee under the rules
applicable to him;
i) “pensioner" means a retired employee who is receiving pension;
j) “Primary School” means a school sponsored by Government or the schools under the
management of District Primary School Council including Siliguri or Kolkata Primary
School Council and District School Board in Darjeeling Gorkha Hill Council area;
k) “Service Book” means the documents that contain the records of service of an
employee, as specified under Government Order No.804-Edn (B) dated 19.10.1990 and
Government Order No.l980-Edn (S) dated 15.12.1971;
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l) “State Government” means the Government of West Bengal in the School Education
Department.
(2) The words and expressions used and not defined in these rules but defined in the Act shall
have the same meanings as respectively assigned to them in the Act.
CHAPTER II
Pension
4. Classification of pensions
There shall be following four classes of pensions, namely:-
(a) compensation pension;
(b) invalid pension;
(c) superannuation pension;
(d) retiring pension.
5. Eligibility for pension
(1) An employee shall be eligible to compensation pension, invalid pension or superannuation
pension, as the case may be, if he has completed at least ten years satisfactory qualifying
services.
(2) An employee shall be eligible to retiring pension if he has completed at least twenty years
satisfactory qualifying services.
3) Any service of an employee before completion of his 18 years of age shall not count as
service.
6. Compensation pension
(1) An employee is entitled to receive compensation pensionary benefits for the satisfactory
service he has rendered if he is discharged on abolition of the permanent post held by him;
Provided that an employee is not entitled to receive compensation pension or gratuity for the
service he has rendered if he accepts any other appointment where his previous service may be
counted.
(2) An employee is not entitled to receive compensation pension for loss of appointment on
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discharge after the completion of a specified term of service.
(3) An employee shall be given a notice of not less than three months before he is discharged
from the service on abolition of the post held by him:
Provided that if in any case, notice of at least three months is not given and the employee is not
offered with any employment on the date on which his service is dispensed with the sanction of
the authority competent to dispense with the service, then a gratuity, not exceeding his
emoluments for the period by which the notice actually given to him falls short of three months,
may be paid to him in addition to compensation pension but no compensation pension shall be
payable for the period for which he receives a gratuity in lieu of notice.
7. Invalid pension
(1) An employee shall be entitled to receive invalid pension if he retires from service due to
becoming permanently incapacitated on account "of physical or mental infirmity.
(2) Unless otherwise specified, an employee who applies for an invalid pension shall submit a
medical certificate from the Chief Medical Officer of Government of West Bengal in the
concerned District or from any other Medical Officers of equivalent status nominated or
specified by the state Government.
(3) While applying for invalid pension, the employee shall furnish a medical certificate in
Form 19.
(4) Invalid pension is not admissible to an employee, if the Medical Officer certifies that the
incapacity of the employee is directly due to addiction to drugs, alcohol or any other
substance.
8. Superannuation pension
Superannuation pension is granted to an employee who retires at the age of 60 years.
9. Retiring pension
A retiring pension is admissible to an employee who is allowed to retire as per his prayer after
completing at least twenty years” satisfactory qualifying services.
10. Commencement of pension
The pensions herein above referred in rules 6, 7, 8 and 9 shall commence from the date
following the date of retirement of such employee.
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11. Determination of date of birth
(1) When the year of birth of employee is known but the date of birth is not known, the first
day of July shall be deemed to be the date of birth.
(2) When only the month and year of birth of an employee are known, the 16th day of that
month shall be deemed to be the date of birth.
12. Qualifying service
(1) The continuous satisfactory service of a whole time approved employee in any educational
Institution, shall count as qualifying service:
Provided that the service rendered before completion of 18 years shall not be counted as service:
Provided further that the service rendered by an employee in an unrecognized school or in a D.A.
getting school shall not be counted:
Provided also that the service rendered by an employee under the Central or in any State
Government or union territories shall count for determining qualifying services.
(2) Approved temporary service including approved service on leave or deputation vacancy in
one or more schools shall be counted towards pension, subject to the fulfillment of other
conditions for grant of pensions.
(3) All periods of authorized leave, other than extra-ordinary leave without pay, shall be
counted as qualifying service:
Provided that the service rendered by an employee under State Government shall be counted for
determining qualifying service:
Provided further that extra-ordinary leave granted other than on medical ground shall be also
counted towards calculating qualifying services if such leave is granted due to the employee’s
inability to join or rejoin duty on account of civil disturbance declared by the state government
or for pursuing higher studies in relation to his teaching subject in school with prior permission
from District Inspector of Schools concerned.
(4) Period of suspension fol lowed by reinstatement shall be counted as qualifying service if
such period is treated, by order, as duty by the competent authority.
(5) The period between the date of dismissal or removal and the date of reinstatement shall
be counted as qualifying service only if the appointing authority, by order, treats that period as
on duty or leave other than extra-ordinary leave.
(6) Vacations shall be counted as qualifying service if an employee is present on both the
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closing and re-opening dates and if on leave on either of the dates, the absence is regularized
by sanction of leave by the competent authority.
(7) Qualifying services for pension shall be counted upto the age of superannuation or the
date preceding the date of voluntary retirement.
(8) Period of absence under duress as declared by Government Order No.l071-Edn (S), dated
19.8.1977 and Government Order No. 477-Edn (S) dated 16.8.1980 (read with any subsequent
orders to the same effect) issued by Stale Government shall be counted as qualifying service.
(9) Any period of services not covered under sub-rules (1) to (8) shall not count as qualifying
service.
13. Effect of dismissal or removal or resignation
When an employee is dismissed or removed from service or when he resigns from the post,
the service rendered by him shall stand forfeited and such employee is not entitled to receive
pension.
14. Date of retirement
(1) When an employee is required to retire on attaining a specific age, the date on which he
attains that age, shall be reckoned as a working day and the employee shall retire with effect
from the afternoon of that day.
(2) If the date of retirement on superannuation of an employee falls on any date other than the
first day of the month, he shall be allowed to retire on the last day (afternoon) of the month.
(3) If the date of retirement on superannuation of an employee falls on the first day of a
month, he shall be allowed to retire on the last day (afternoon) of the preceding month.
15. Pension sanctioning authority
The Secretary of the District Primary School Council concerned shall be the pension
sanctioning authority under these rules.
16. Rate of pension
(1) The amount of pension shall be determined at the rate of 50% of last pay drawn in all
cases to an employee who has completed at least 33 years satisfactory qualifying services:
Provided that an employee, who at the time of retirement has rendered satisfactory qualifying
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service of 10 years or more but less than 33 years the amount of his pension shall be of such
proportion of the maximum admissible pension as the qualifying services rendered by him.
(2) The maximum or minimum monthly amount of pension in favour of a pensioner shall not
exceed or not be less than the sum as may be fixed from time to time by the State Government.
(3) In addition to pensions determined under sub-rule (1), the pensioner is entitled to relief as
admissible to the State Government pensioners from time to time.
(4) Subject to the other provisions of these rules the amount of monthly pension payable
monthly shall be expressed as a whole of a rupee and where the pension calculated according
to these rules contains a fraction of rupee, it shall be rounded off to the next higher rupee.
(5) A pension admissible to an employee shall be fixed and paid in Indian rupee and in India.
(6) Where the service of an employee has not been thoroughly satisfactory, the pension
sanctioning authority may make such reduction in the amount as it thinks fit.
(7) The proportionate reduction in the amount of pension under these rules should be to the
extent by which the employee’s service as a whole has failed to reach a thoroughly satisfactory
standard.
(8) The service of an employee against whom a charge of corruption has been initiated
through proceedings cannot be considered to be satisfactory.
(9) Final pension, gratuity etc., shall not be sanctioned to an employee against whom
departmental or judicial proceedings have been instituted or pending.
(10) In case of misconduct of the pensioner, the pension sanctioning authority shall have the
power to withhold pension or reduce the amount of pension.
17. The rate of dearness pension
The amount of dearness pension shall be determined at the rate of 50% of the dearness pay
(the part of dearness allowance merged with pay is treated as dearness pay) drawn last in all
cases to an employee who has completed at least 33 years satisfactory qualifying services:
Provided that for an employee who at the time of retirement has rendered satisfactory qualifying
service of 10 years or more but less than 33 years, the amount of his dearness pension shall be of
such proportion of the maximum admissible dearness pension as the qualifying service rendered
by him is in proportion to the maximum admissible length of service qualifying for pension:
Provided further that no part of dearness pension shall be allowed to be commuted before or
after retirement with or without medical examination by any employee under any
circumstances.
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18. Provisional Pension
(1) Where any departmental or judicial proceeding is instituted or pending against an
employee who is allowed to retire on attaining the age of superannuation or otherwise, he
shall be paid a provisional pension following his prayer during the period commencing from
the date of his retirement to the date on which the final orders are passed by the appropriate
authority on such proceeding.
(2) Where an employee who is allowed to retire on attaining the age of superannuation but
whose pension has not been sanctioned by the Pension Sanctioning Authority for want of his
necessary service records, shall be paid provisional pension following his prayers.
(3) The amount of provisional pension shall not exceed the sum total of maximum amount of
pension and the maximum amount of dearness pension, which would have been admissible to
an employee on the basis of his qualifying services up to the date of retirement, or if he was
under suspension on the date of retirement upto the date immediately preceding the dale on
which he was placed on suspension.
(4) Payment of the provisional pension shall be adjusted against the final retirement benefits
sanctioned to such employee up to conclusion of the aforesaid proceeding but no recovery
shall be made where the pension finally sanctioned is less than the provisional pension or the
pension is reduced or withheld either permanently or for a specified period.
(5) In no case the provisional pension, referred to in sub-rule (1), shall be paid beyond a
period of 12 months from the date of retirement. During sanction of provisional pension
under the rules, report on admissibility of pension is required to be obtained from the
Director of Pension, Provident Fund and Group Insurance, West Bengal. No Gratuity or death
cum retirement gratuity shall be paid to him until the conclusion of such proceedings and the
issue of final orders thereon. Such provisional pension shall be subject to adjustment against
the amount of pension including gratuity or by short payment of pension. All outstanding dues
shall be adjusted in the same manner as above.
19. Right to withhold pension in certain cases
(1) The pension of an employee may be withheld in whole or in part under an order of the
pension sanctioning authority, passed not later than 3 years after the date of retirement to
meet any sum due under the liability incurred by such employee to the government.
(2) The pension sanctioning authority reserves to himself the right of withholding or
withdrawing a pension or any part of it whether permanently or for a specified period, and
the right of ordering recovery from the pension relief of the whole or part of any pecuniary
loss caused to Government, if the person is found to have been guilty of grave misconduct or
negligence during the period of his service, including service rendered on reemployment after
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retirement:
Provided that such proceedings by Managing committee if instituted while the employee was in
service whether before his retirement or during reemployment, shall after the final retirement of
the employee be deemed to be a proceeding under this article and shall be continued and
concluded by the authority by which it was commenced in the same manner as if the employee
had continued in service:
Provided further that such proceedings, if not instituted while the employee was in service,
whether before his retirement or during reemployment shall not be instituted save with the
sanction of Secretary of the Department and shall not be in respect of any event which took place
more than 3 years before such institution.
(3) An employee who retires from service but against whom criminal proceedings involving
moral turpitude is pending in a court of law shall not be sanctioned any pension until the
termination of the criminal proceedings:
Provided that an interim allowance not exceeding two thirds of the pension that would have
been admissible but for the criminal proceedings may be granted during the pendency of such
proceedings in case of hardship.
Provided further that if he is convicted on a criminal charge involving moral turpitude he shall
not be entitled to any pension but a compassionate allowance may be granted to him and this
shall not exceed two third of the pension which would have been admissible to him if he had
retired on medical certificate.
Provided also that interim allowance or compassionate allowance, as the case may be, can be
sanctioned only after obtaining an admissibility report from Director of Pension, Provident Fund
and Group Insurance. West Bengal:
Provided also that no such judicial proceedings if, not instituted while the employee was in
service, whether before his retirement or during re-employment shall be instituted in respect of a
cause of action which arose, or an event which took place more than 3 years before such
institution.
Explanation I. - For the purpose of this rule a departmental proceeding shall be deemed to have
been instituted on a date on which the charge sheet or statement of chargcs is issued to the
pensioner or if the employee or an employee has been placed on suspension from an earlier date,
on such date.
Explanation II. - For the purpose of this rule a judicial proceedings shall be deemed to have been
instituted -
(a) in the case of criminal proceeding, on the date on which the complaint or report of the
police officer, on which the magistrate takes cognizance is made, and
(b) in the case of civil proceedings, on the date, on which the plaint is presented or as the
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case may be, an application is made to the civil court.
(4) Where any departmental or judicial proceeding is instituted against an employee who has
retired on attaining the age of retirement or otherwise, he shall be paid during the period,
commencing from his retirement to the date on which, upon conclusion of such proceedings
final orders are passed, a provisional pension not exceeding the maximum pension which
would have been admissible on the basis of his qualifying service upto the date of retirement
or if he was under suspension, for the period between the date of his joining to the date
immediately preceding the date of suspension, but no gratuity or death cum retirement
gratuity shall be paid to him until the conclusion of such proceeding and the issue of final
orders there on.
(5) Payment of provisional pension made under clause (4) shall be adjusted against the final
retirement benefit sanctioned to such an employee upon conclusion of aforesaid proceeding
but no recovery shall be made where pension finally sanctioned is less than provisional
pension or the pension is reduced or withheld either permanently or for a specified period.
20. Withholding of pension and dearness pension in case of convictions
and misconduct
(1) The Pension Sanctioning Authority shall by order, in writing, withhold or withdraw a
pension or a part thereof whether permanently or for a specific period, if the pensioner is
convicted of criminal offence serious in nature or is found guilty of grave misconduct.
(2) Where a pensioner is convicted of criminal offence serious in nature by a court of law,
action under sub-rule (1) shall be taken in the light of the judgement of the Court relating to
such conviction.
(3) In the context of a case not falling under sub-rule (2). if the pension sanctioning authority
under the sub-rule (1) considers that the pensioner is prima-facie guilty of grave misconduct,
it shall, before passing an order under sub-rule (1), serve upon the petitioner a notice
specifying the action proposed to be taken 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
pension sanctioning authority, such representation as he may wish to make against the
proposal and such representation shall be considered by the pension sanctioning authority
while withholding the pension under sub-rule (1).
(4) An appeal against an order under sub-rule (1) shall be made to the Secretary, School
Education Department, Government of West Bengal.
21. Recovery of dues before sanctioning pension
(1) When a retiring employee does not clear government dues and these are ascertainable, an
equivalent cash deposit or refund may be taken from him or may be deducted out of gratuity
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payable to him before releasing his final pension or gratuity.
(2) If any of the Government dues remain unassessed for any reason the retiring employee
may be asked to furnish a suitable bond or a part of gratuity not exceeding the estimated
outstanding dues plus 25 % there of may be withheld (subject to maximum of 10%) and
balance may be released to him.
(3) Government dues remaining unrealized and other dues revealed within a period not
exceeding six months from the date of retiring of the employee, shall, however, be reckonable
from the pensioner by adjusting with dearness pension or dearness relief admissible.
CHAPTER III
Gratuity
1. Gratuity
(1) For a service of 10 years or more, an employee is entitled to retiring gratuity at the rate of
one -fourth of his for each completed six monthly period of satisfactory qualifying service,
subject to a maximum of 16 1/2 months emoluments as fixed by the Government. For service
of less than 10 years but more than at least 1 year, the rate of gratuity is 1/2 month’s
emoluments reckonable for pension for every completed six monthly period of service. The
maximum amount is however Rs. 2,50,000/- :
Provided that the period of satisfactory qualifying exceeding 33 years shall not be counted.
(2) No gratuity shall be paid to an employee against whom a departmental or judicial
proceeding is instituted or pending, until the conclusion of such proceeding and the issue of
final order.
(3) While calculating the amount of death or retirement Gratuity, Dearness pay and Dearness
Allowances drawn immediately before death or retirement shall be taken into account in
addition to Basic Pay last drawn.
23. Provisional gratuity
An employee whose gratuity is not sanctioned for the reasons as stated in sub-rule (2) of rule
22, provisional gratuity, after withholding of 10 per cent or Rs. 10, 000/- of the provisional
gratuity, whichever is less should be sanctioned to the retiring employee by Pension
Sanctioning Authority concerned subject to the furnishing a written undertaking by the
pensioner concerned.
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CHAPTER IV
Provisions relating to death gratuity and family pension.
24. Death gratuity
In the event of death in harness, the death gratuity shall be admissible at such rates as
mentioned in table below:-
Table
Length of qualifying service Rate of death gratuity
(a) Less than one year 2 times of the amount reckonable as Gratuity
(b) One year or more but less than 5 6 times of the amount reckonable as Gratuity
(c) 5 years or more but less than 20 years 12 times of the amount reckonable as Gratuity
(d) 20 years or more Half of the amount reckonable for Gratuity for
every completed 6 monthly period of qualifying
service, subject to maximum of 33 times of the
amount reckonable for Gratuity.
In no case the amount shall exceed Rs. 2,50,000/-
25. Nomination
(1) Any employee to whom these rules apply shall make a nomination in writing in the
appropriate form conferring on one or more persons the right to receive the retiring gratuity
or death gratuity that may be sanctioned under these rules.
(2) The concerned employee as well as the heads of offices shall follow the following
nomination procedure: —
(a) every whole time and regular West Bengal Recognized Non-Government
Educational Institution Employees and teachers shall execute nomination in the proper
form as prescribed under these rules just after his joining the service or as soon as his
or her services are made whole time and regular;
(b) it shall be the duty of every head of office to supply necessary Form of nomination
for West Bengal Primary Teachers’ Death Cum Retirement Benefit Rules to every whole
time and regular employee on the very date of his joining service or on the date in
which the employee is brought under whole time and regular service;
(c) on receiving the nomination Form from the employee concerned, the same should
be pasted in the service Book after it is duly countersigned by the head of the office as
required under these rules;
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(d) the statement of family should be obtained just after the employee completes one
year’s service and the same should be pasted in the Service Book. It shall be incumbent
upon the employee concerned to report to the head of the office, in writing, any
omission or addition that may occur subsequently in order to keep the statement of
family members updated;
(e) if an employee has a family, the nomination shall not be in favour of any person or
persons other than the member of his family. If an employee nominates more than one
person, he shall specify in the nomination Form the amount or share payable to each of
the nominee in such manner as to cover the whole amount of gratuity.
26. Family pension
(1) Family pension is admissible to the members of the family of an employee who dies while
in service after rendering at least one year’s service.
(2) The benefit shall also be admissible in case of death of an employee after retirement if at
the time of death he was in receipt of compensation, invalid, retiring or superannuation
pension.
27. Family pension at normal rate
The rate of family pension admissible to the members of the family of an employee shall be
30% of pay (basic pay) drawn last actually or notionally:
Provided that maximum and the minimum amount of family pension shall be fixed by orders of
the State Government from time to time.
28. Family pension at enhanced rate
(1) In the event of death of an employee while in service, the enhanced rate of family pension
may be admissible:
Provided that the employee concerned has rendered, not less than 7 years continuous service,
prior to his death:
Provided further that the family pension at enhanced rate is payable for, a period of 7 years from
the day following the date of death or till the date on which the employee concerned would have
attained the age of 65 years had he survived, whichever period is less.
(2) In the event of death after retirement, the family pension at enhanced rale shall be payable
up to the date on which the deceased employee concerned would have attained the age of 65
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years had he survived or for 7 years, whichever period is less and after the period of family
pension at enhanced rate is over, family pension at normal rate shall commence.
(3) The amount of family pension at enhanced rate payable under these rules shall be
calculated in the following manner:-
(a) 50% of the last basic pay of the deceased employee:
(b) two times of family pension as per last basic pay;
(c) amount of pension in case of pensioner (in case of died in harness this point should
not be filled).
(4) The amount whichever is the lowest amongst clauses (a), (b) and (c) of sub-rule (3) shall
be taken into consideration for payment of family pension at enhanced rale.
29. Period during which family pension is admissible
Subject to the following conditions, the family pension shall be admissible -
(a) in the case of widow or widower up to the date of death of such widow or widower or remarriage
of such widow, whichever is earlier;
(b) in the case of son, until he attains the age of 25 years;
(c) in the case of unmarried daughter, till she attains the age of 25 years or marriage
whichever is earlier;
(d) in the case of dependent parents up to the date of their death or re-marriage, whichever is
earlier.
Note. - Where an employee is survived by more than one widow, the family pension shall be paid
to them in equal shares. This shall not be applicable in cases where bigamy is barred by statutes
and personal law. On the death of the widow, her share of the pension shall become payable to
her eligible minor children. If at the time of her death a widow leaves no eligible minor child, the
payment of her share of the pension shall cease.
30. Grant of family pension to dependent disabled son(s) or daughter(s)
of the Deceased Pensioner:-
Where a deceased pensioner’s son or unmarried or widowed daughter, who is suffering from
any mental disorder or disability of mind or is physically disabled so as to prevent him or her
to earn his or her living even after attaining the age of 25 years, shall be paid family pension
during his or her lifetime subject to the following conditions:-
(a) if such son or daughter is one among two, or more of the pensioner, the family pension
shall be initially payable to the minor children, in the case of minor son until he attains the age
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of 25 years and in the case of unmarried daughter until she attains the age 25 years or
marriage which ever is earlier, as the case may be, and thereafter the family pension shall be
resumed in favour of the son or daughter suffering from disorder or disability of mind or who
is physically crippled or disabled and shall be payable to him for life;
(b) if there are more than one such son or daughter suffering from mental disorder or
disability of mind or who arc physically disabled, the family pension shall be payable in the
order of their birth and the younger shall get the family pension only after the elder next
above him ceases to be eligible. When the family pension is payable to twin children, it shall be
paid to such twin children in equal shares, provided when one such child ceases to be eligible,
his share shall revert to the other and when both of them cease to be eligible the family
pension shall be payable to the next eligible single child or twin children;
(c) the family pension shall be paid to such son or daughter through the guardian as if he is a
minor; production of guardianship certificate is not necessary where such child has attained
the age of majority;
(d) before allowing the family pension for life to any such son or daughter, the sanctioning
authority shall satisfy that the disability is of such a nature as to prevent him or her from
earning his or her livelihood and the same shall be evidenced by a certificate obtained from a
medical officer not below the rank of a Sub- Divisional Medical Officer, stating, as far as
practicable, the Mental or Physical condition of such son or daughter;
(e) the person receiving the family pension as guardian of such son or daughter shall produce
once in every year a certificate from a Medical Officer not below the rank of Sub-Divisional
Medical Officer to the effect that he or she continues to suffer from mental disorder or
disability of mind or continues to be physically disabled;
Provided that such son or daughter is not in receipt of any kind of pension whatsoever from any
Government or Government Undertaking etc. on account of such disability:
Provided further that in case of disability of permanent in nature certified as non-recoverable. or
incurable, the production of certificates for every three years may be done away with.
31. Date of effect of family pension
A family pension shall take effect from the day following die death of an employee or
pensioner.
32. Family pension payable to one member of the family
(1) Subject to the provision contained in the note under rule 29, the family pension sanctioned
under these rules shall not be payable to more than one members of the employee’s family at
the same time. It shall first be admissible to the widow or widower and on the death of such
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widow or widower to the first eldest minor daughter, thereafter next minor daughter
according to seniority and when there shall be no minor daughter, the eldest minor son and so
on and thereafter to mother and lastly to father. Payments to minor shal I be made through
natural or legal guardian.
Note: - Payment of family pension shall not be any bar if at the time of entitlement, the widow or
widower or unmarried daughter or son happens to be employed anywhere.
33. Family pension and retirement benefits against disappeared
employee
(1) When an employee disappears leaving his family, admissible retirement benefits may be
granted to his eligible members of the family as mentioned under rule 28.
(2) On receipt of such application along with documents as may be necessary subject to
fulfilment of the following conditions:-
(a) the family must lodge a report with the concerned police station and obtain a report from
the Officer-in- Charge of such Police Station to the effect that the incumbent could not be
traced out in spite of efforts made by the police.
(b) an indemnity bond should be taken from the family pensioner concerned to the effect that
all payments received from the Government shall be refunded to the Government in the event
the missing person reappears and claims his dues.
(3) All Government dues outstanding against the employee shall be recovered from the relief
on pension.
(4) The family concerned shall apply to the Secretary, District Primary School Council
concerned for grant of family pension after one year from the date of disappearance of the
employee.
(5) The Pension Sanctioning Authority concerned shall make proper scrutiny of the
application received under sub-rule (3) and if it found proper, he shall recommend it to the
Director of School Education, West Bengal and the Director of School Education in his turn
shall toward the case with his comments to the Slate Government.
34. Procedure for payment of retirement benefits
(1) (a) The Sub-Inspector of Schools concerned shall prepare a list as shown in Form 1 every
six months, i.e. on the 1st January and the 1st July each year of all employees who are to retire
within the next 30 months of that date.
(b) A copy of every such list shall be sent to the Director of Pension, Provident Fund and Group
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Insurance, not later than the 31st January or the 31st July as the case may be, of that year. In
case of the persons retiring for reasons other than by way of superannuation, the Sub-
Inspecor of Schools concerned shall promptly inform the Director of Pension, Provident Fund
and Group Insurance.
(2) The Sub-Inspector of Schools concerned shall send a notice specified in Form 2 to the
employee who is to retire on superannuation within the next 24 months.
(3) An employee, who is eligible for pension under these rules, shall submit to the Sub-
Inspector of Schools concerned a formal application for pension in Form 3 as specified in third
schedule duly filled in all respects along with other papers as specified in Form Nos. 4,5,6,7,8
and 9 positively 18 months in advance of his retirement on superannuation. It is to be noted
that the retirement benefit can only be obtained when the retiring or retired employee or
family pensioner shall submit a formal application for retirement benefits in prescribed
proforma as above duly filled in all respects with all requisite papers for any kind of pensions
or family pension or Contributory Provident Fund cum Gratuity / Death Gratuity in case of
those employees opted for Contributory Provident Fund cum Gratuity under Death Cum
Retirement Benefit, 1981.
(4) The Sub-Inspector of Schools on receipt of the formal application for pension, shall
prepare the pension papers as specified in Forms 12, 13, 14 and 15 after due scrutiny and
verification of the service claimed and the emoluments actually drawn and forward the same
along with the original Service Book to the Pension Sanctioning Authority concerned within 3
months after the receipt of the application from the employee under sub-rule (3).
(5) The Pension Sanctioning Authority concerned shall check the pension papers and Service
Book under sub-rule (4) with reference to the Check List prescribed in Form 23 (Check List)
and shall countersign the Service Book and other forms as required above and he shall also
prepare Pension Calculation Sheet in Form 17. He shall also countersign the Initial Pay
Fixation statements of different Revision of Pay and Allowances. Within 3 months from the
date of receipt of said papers from the Sub-Inspector of Schools, the Pension Sanctioning
Authority concerned shall send the Pension papers as stated under sub-rule (4) alongwith
Service Book, Form 17 and Form 23 duly completed in all respect to the Finance Officer of the
District Primary School Council concerned for further examination.
(6) After receiving back the pension papers, if any observation or objection is made by the
Finance Officer of the District Primary School Council concerned, the Pension Sanctioning
Authority concerned shall promptly meet the observation or objection with the disposal of the
pension papers to enable the Finance Officer of the District Primary School Council concerned
to give certificate as to the correctness of the case within 3 months from the date of receipt of
the pension case from the Pension Sanctioning Authority concerned.
(7) After obtaining the prescribed certificate as to the correctness of the case from the Finance
Officer of the District Primary School Council concerned, the Pension Sanctioning Authority
concerned shall sanction pension in Form 16 and shall send all duly filled Forms, as applicable,
with the forwarding letter as in Form 18, including Service Book in original and Form 23
(Check List) to the Director of Pension. Provident Fund and Group Insurance, West Bengal
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within 3 months from the date of receipt of such papers from Finance Officer of the District
Primary School Council concerned.
Note: - There is no bar to receive service pension and family pension under theses rules if the
family pensioner's husband happens to be in military service prior to appointment as employee.
(8) If the Pension Sanctioning Authority concerned cannot sanction the pension of a employee
for whatever be the reasons he shall intimate his decision thereof to the employee concerned
within 3 months from the date of receipt of the papers as provided in sub-rule (5).
(9) Director of Pension, Provident Fund and Group Insurance shall issue the said pension
payment order within 5 months from the date of receipt of die pension papers under sub-rule
(7).
(10) Director of Pension, Provident Fund and Group Insurance shall send Pension Payment
Order (PPO) to the Pension Disbursing Officer or Treasury Officer concerned with copies to
the Pension Sanctioning Authority concerned and the retiring employee or family pensioner
within 5 months from the date of receipt from the Pension Sanctioning Authority concerned.
(11) On receipt of the Pension Payment Order (PPO). the Pension Disbursing Officer (P.D.O.) or
Treasury Officer (T.O.) concerned shall on personal appearance of the pensioner, complete
formalities as prescribed in the relevant rules and start payment of admissible retirement
benefits, from the date as mentioned in the Pension Payment Order (PPO).
(12) If the Director of Pension, Provident Fund and Group Insurance cannot issue Pension
Payment Order of an employee for whatever be the reasons, shall intimate his decision thereof
to the Pension Sanctioning Authority and the employee concerned, within 5 months from the
date of receipt of the papers as provided in sub-rule (7).
(13) The pension sanctioning authority shall sanction provisional pension, provisional
gratuity and issue Provisional Pension Payment order. The same shall be drawn and disbursed
by the Sub-Inspector of Schools concerned from concerned Treasury.
CHAPTER V
Commutation of pension
35. Commutation of pension
An employee who is eligible for the benefit of pension under these rules shall be entitled to
commute for a lump sum payment at the specified rate:
Provided that an employee shall not be entitled to commute more than 40 % of the pension
which has been or may be granted to him:
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Provided further that a employee against whom a judicial or departmental proceeding has been
instituted or continued or a pensioner against whom any such proceeding has been instituted or
continued shall not be permitted to commute any portion of his pension during the pendency of
such proceeding.
36. Application for commutation before retirement
An employee before his retirement shall make an application to the sub-inspector of Schools
concerned in Form 4 along with the application for pension under sub-rule (3) of rule 34.
37. Application for commutation after retirement
A pensioner who fails or declines to make an application for commutation of pension to the
sub-inspector of Schools concerned in Form 4 along with the application for pension under
sub-rule (3) of rule 34 the employee, may apply to the Sub-Inspector of Schools upto the age of
61 without medical examination. The pensioner shall enclose a copy of Pension Payment
Order with the application for commutation of pension.
38. Application for commutation exceeding 61 years
(1) A pensioner who fails or declines to make an application for commutation of pension to
the sub-inspector of Schools concerned in Form 4 along with the application for pension
under sub-rule (3) of rule 34. the pensioner, may apply to the Secretary. District Primary
School Council concerned at the age exceeding 61 years with medical examination in Form 10
for commutation of a portion of his pension.
(2) (a) The Pension Sanctioning Authority concerned, on receipt of application in Part I of
Form 10, acknowledge the receipt in Part II of Form 10 and despatch the same to the
applicant.
(b) the Pension Sanctioning Authority concerned shall forward in original to the Director of
Pension, Provident Fund and Group Insurance in Part III of Form 10 with the request that part
IV of that Form may be completed and returned to him as early as possible so that action for
getting the applicant examined by the appropriate medical authority can be taken.
(3) The Director of Pension and Provident Fund and Group Insurance shall, on receipt of Form
10 from the Pension Sanctioning Authority concerned complete Part IV of that Form and
transmit the same to the Competent Authority as early as possible.
(4) The Competent Authority shall, on receipt of Form 10 from the Director of Pension,
Provident Fund and Group Insurance intimate the applicant in Part V (2) of Form 10 by such
Medical Authority or Medical Boards as the Competent Authority may consider fit for
commutation and shall at the same time instruct him to appear for examination before the
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Medical Authority or Medical Board within three weeks from the date of its order, or he has
applied for Commutation in advance of the date of his retirement within three months from
the date of order but in case earlier than the date of retirement and shall supply a copy of Part
I of Form 11 to the applicant. If the applicant appears before the Medical Authority or Medical
Board, he shall be deemed to have accepted the amount authorized to be commuted.
(5) A copy of Part V(2) of Form 10, as the case may be shall be endorsed by the Director of
Pension, Provident Fund and Group Insurance to the Appropriate Medical Authority or
Medical Board through the Director of Health Services (for cases in Calcutta) or the Chief
Medical Officer of Health (for any other case) with -
(i) Part II and Part III of Form 11;
(ii) Part IV of Form 10 duly completed in original;
(iii) two copies of the applicant’s photograph of which one copy shall be attested by an
officer belonging to Group A service of the State Government.
(6) (a) If the applicant, after receipt of communication from the Competent Authority under
sub-rule (4) fails to appear for Medical examination before the Medical Authority or Medical
Board on the date and at the time communicated to him (including any change therein either
at the request of the applicant or due to administrative reasons) and there is no reasonable
ground for his failure, the Medical Authority or Medical Board shall report the fact to the
Competent Authority concerned and return to him the documents received under sub-rule
(4).
(b) With the return of documents to the Competent Authority under clause (i) the application
for commutation shall be deemed to have been withdrawn.
(7) The Director of Health Services, West Bengal or the Chief Medical Officer of Health shall, on
receipt of documents referred to in sub-para (4), shall
(a) arrange for the medical examination of the applicant by the Medical Authority at the
nearest available station from the residence of the pensioners;
(b) transmit the documents referred to in sub-para (4) to the Medical Authority with
the direction to examine the applicant;
(c) inform the applicant as to the place and date of his medical examination and direct
the Medical Authority to communicate to the applicant the time of such examination.
Note. - In fixing the date of medical examination, it shall be ensured that the medical
examination is held before the applicant’s next birthday.
(8) The Certifying Medical Authority shall, after obtaining from the applicant a statement in
Part I of Form 11 which must be signed in their presence, subject to strict examination enter
the results in Part II of Form 11 and record their opinion as to the accuracy with which the
pensioner has answered the questions in Part I of From B regarding his medical history and
habits, attest the unattested copy of the photograph of the applicant, complete the certificate
contained at the end of Part II of Form 11 and forward it to the Audit Officer, who has already
completed Part IV of Form 10, with the following documents:-
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(i) Part II or Part III of Form 11 in original;
(ii) Attested copy of applicants photograph;
(iii) Part I of Form 11 in original; and
(iv) Part IV of Form 10 duly completed in original.
(9) The Medical Authority or Medical Board shall also send to the applicant a certified copy of
Part III of Form 11 and forward a certified copy of Part III of Form 11 to the Competent
Authority who has signed Part V (1) or Part V (2) of Form 10.
(10) If the Medical Authority or Medial Board or Special Board, as the case may be directs that
his age for the purpose of commutation shall be assumed to be greater than his actual age, the
applicant may withdraw his application by written notice despatched within a period of two
weeks from the date on which he receives intimation of the finding after Medical Authority
and of the revised sum payable on communication. The Pension Sanctioning Authority shall
communicate the adverse medical report and revised sum payable as commuted value.
(11) If the applicant does not withdraw in writing his application within the said period of two
weeks, he shall be deemed to have accepted the revised sum offered.
(12) The pensioner who applied for commutation of pension within one year from the date of
his retirement shall not be subjected to medical examination for the purpose of payment of
commuted value of pension, provided this benefit shall not be admissible to the persons
retired cn ground of invalidation. Application for commutation of pension without medical
examination shall be made after the date of retirement and the commutation shall become
absolute, that is, the retired pension shall become absolute, that is, the retired person shall
become entitled to receive the commuted value of pension on the date on which his
application is received by the Competent Authority. A pensioner who has applied for
commutation of pension without medical examination shall have no option to withdraw his
application. Persons retired on ground of invalidation and those have applied for commutation
of pension after one year from the date of retirement shall be subjected to medical
examination. Such persons shall become entitled to receive the commuted value of pension on
the basis of next birth day following the date on which the medical authority signs the medical
certificate.
(13) In case of application for commutation of pension from a pensioner drawing invalid
pension, the Medical Board shall, after examination in the manner as stated above, record his
opinion in Part III of Form 11.
(14) The Medical Authority examining a pensioner applying for commutation of pension shall
be competent to charge fee at rates as prescribed by the State Government in the Health
Department.
Note. -The commuted portion of pension shall be restored to a pensioner after completion of 15
years from the date of retirement, irrespective of the date of commutation.
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CHAPTER VI
Miscellaneous
39. Transfer of pensionary benefit from one Treasury of India to another
(1) A pensioner settled outside the State of West Bengal can make an application to Director of
Pension, Provident Fund and Group Insurance, West Bengal showing sufficient cause to allow
transfer of payment from one Treasury in the Stale of West Bengal to another Treasury in
other States or Union Territories in duplicate in Form 20:
Provided that if a pensioner or family pensioner prefers payment of his pensionary benefit
outside West Bengal he may submit application to the Director of Pension, Provident Fund and
Group Insurance in duplicate in Form 21.
(2) The Director of Pension, Provident Fund and Group Insurance shall countersign and
forward the same to the Accountant General (A&E), West Bengal for issuing Special Seal
Authority to the concerned Accountant General for payment of pensioner benefits outside
West Bengal as per application under sub-rule (1).
(3) If the Pensioner or Family Pensioner prefers on a date subsequent to the first drawal of
Pensionary benefit from a Treasury in West Bengal or Pension Disbursement Office Kolkata to
draw the Pensionary benefits from a Treasury outside West Bengal he shall submit an
application in forms specified in eighth schedule before the concerned Treasury in West
Bengal or Pension Disbursement Office, Kolkata. On all the cases, recent duly attested Joint or
Single photographs, fresh specimen signature or Left Thumb Impression, are to be collected
by the respective Treasury Officer(s) or Pension Disbursement Office (PDO), Kolkata.
(4) On receipt of such application from the Pensioner or Family Pensioner the Treasury in
West Bengal or Pension Disbursement Office. Kolkata shall forward the application in Form 22
with both halves of the Pension Payment Order with last payment certificate embodied
thereon and photographs, specimen signatures etc. to the Director of Pension and Provident
Fund and Group Insurance, West Bengal for necessary authentication and placement before
the Accountant General (A&E), West Bengal for issuing specimen seal authority to the
concerned Accountant General outside West Bengal.
(5) On the receipt of both copies of P.P.O. (one copy for Treasury and other is incumbent’s
copy) with application in duplicate and the photographs, specimen signatures etc. from the
concerned Treasury or Pension Disbursement Office under sub-rule (4), the Director of
Pension, Provident Fund and Group Insurance, shall cancel both halves of P.P.O. and forward
the same to the Accountant General (A&E), West Bengal along with the single or joint
photographs, fresh specimen signature etc. and a fresh Descriptive Rolls of such Pensioners or
Family Pensioners for issue of Special Authority. The Director shall also send specimen
signature of the Audit Officer or Director. Pension, Provident Fund & group insurance. West
Bengal to the Accountant General (A&E), West Bengal. While sending both halves of P.P.O. to
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the Accountant General (A&E), West Bengal for issuance of Special Seal Authority in respect of
the first payment, the following documents are required to be submitted by The Director of
Pension, Provident Fund and Group Insurance, namely: -
(a) Last Pay Certificate;
(b) sanction of pension;
(c) amount of pension or gratuity or commuted value of pension;
(d) amount commuted and amount reduced pension;
(e) date of restoration of normal pension after commutation;
(f) name of family pensioner:
(g) date of birth in case of minor:
(h) nomination for life time arrear.
(6) While sending transfer cases to the Accountant General (A&E), West Bengal the Director of
Pension, Provident Fund And Group Insurance being the Pension Payment Order issuing
Authority is also required to get the Pension Payment Order cancelled and fresh Pension
Payment Order prepared with last payment certificates for issuance of Special Seal Authority.
In the matter of issuance of Special Seal Authority, the Accountant General (A & E), Wesl
Bengal shall act as an interface between the Director of Pension and Provident Fund and
Group Insurance, West Bengal and other States.
(7) In the cases of revision of pension the Director of Pension and Provident Fund and Group
Insurance, West Bengal shall issue revised authority as per the scheme with the counter
signature and send the same to the Accountant General (A&E), West Bengal for issuing Special
Seal Authority. In the case of Revision or Relief in pension the Director of Pension and
Provident Fund and Group Insurance shall send copy of the order granting relief of pension at
revised rates to the Accountant General (A&E), West Bengal for issue authority for payment of
relief at revised rate to the pension drawing person from other States.
(8) The pensioners or family pensioners desirous of drawing pension from outside this State
shall furnish to the concerned pension disbursing authority necessary certificates or
documents like life certificate, non-employment certificate etc. as and when required by the
said authority.
(9) Regarding accounting procedure, the amount paid by the other State Governments shall
initially be booked under ‘'8793-Inter-State Suspense Accounts with Government of West
Bengal.
(10) On receipt of clearance by R.B.I. Nagpur the same is to be kept under “8658-Suspense
Account-110-CAO RBI Suspense” as debit. On receipt of the vouchers and details from the
concerned Accountant General the amount is to be debited finally under “2071 -01 -109 -NP-
001 -V-04".
40. Application of West Bengal Service Rules
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In all matters not expressly provided for by these rules, the rules specified in the West Bengal
Service (Death-cum-Retirement Benefit) Rules, 1971 shall, in so far as they are not
inconsistent with these rules and with the Act, shall apply to the employees mutatis mutandis
subject to approval of the Government of West Bengal in the Finance Department.
41. Interpretation
If any question arises on any matter or matters relating to the interpretations to these rules, it
shall be referred to the State Government and the decision of the Slate Government thereon
shall be final.
42. Relaxation
Nothing in these rules shall be construed to limit or abridge the power of the State
Government in School Education Department to dispense with or relax with requirement of
any provisions of these rules to such extent and subject to such condition as may be
considered necessary.
43. Repeal and savings
(1) The provisions of West Bengal Recognized Non-Government Educational Institution
Employees (Death-cum-Retirement) Scheme 1981, as applicable to teachers of Primary
Schools, along with notifications, memorandum and orders published earlier relating to the
eligibility, application, admissibility of the benefits under the aforesaid West Bengal
Recognized Non-Government Educational Institution Employees (Death-cum-Retirement)
Scheme, 1981 shall be deemed to have been repealed in so far as they are repugnant to the
matters covered by these rules:
Provided that such repeal shall not affect the previous operation of die said scheme, notifications
and orders or anything done or any action taken thereunder and the benefits already granted on
the basis of the scheme, notifications, orders in force prior to coming into effect of these rules
shall not in any way be adversely affected.
(2) The Forms appended to these rules shall replace the relevant existing Forms.West Bengal Primary Education Teachers and Employees
Death cum Retirement Benefit Rules, 2008
GOVERNMENT OF WEST BENGAL
School Education Department
Bikash Bhawan, Salt Lake, Kolkata - 700 091
NOTIFICATION
No. 1467-SE(Law) PL/5S-174/07, Dt. 05.08.2008 - The following draft of rules, which the
Governor proposes to make in exercise of the power conferred by sub-section (1) of section
106, read with clause (q) of sub-section (1) of section 60 of the West Bengal Primary
Education Act, 1973 (West Ben. Act XLIII of 1973) (hereinafter referred to as the said Act) and
in supersession of all orders, schemes and notifications on the subject, is hereby published, as
required by sub-section (1) of section 106 of the said Act), for information of persons likely to
be affected thereby;
The draft shall be taken into consideration on or after the expiry of a period of thirty days
from the date of its publication and any objections or suggestions with respect thereto, which
may be received by the undersigned before the said period, shall be duly considered: -
Draft rules
CHAPTER I
Preliminary.
1. Short title
These rules may be called the West Bengal Primary Education (Teachers and Employees’
Death-cum-Retirement Benefit) Rules, 2008.
2. Application
(1) These rules shall apply to -
a) the teachers who have joined the service on or after the first day of April 1981 and
opted for pension- cum-general provident fund including family pension under West
Bengal Non-Government Aided Educational Institution Employees (Death Cum
Retirement Benefit) Scheme 1981;
b) the teachers who joined the service on any date on or after the first day of April,
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1968 and opted to come under Pension-cum-Family Pension and Gratuity under the
West Bengal Recognized Non-Government Educational School Employees (Death-cum-
Retirement Benefit) Scheme. 1981 published under Government Order No. 136-Edn
(B) dated 15.5.85 within the timeframe, as decided by Government Orders Nos. 136-
Edn (B) dated 15.05.1985, 284 Edn (B) dated 17.10.1989, 148 Edn (B) dated
31.05.1990 and 496 - Edn (B) dated 16.12.1991:
Provided that those options have duly been accepted by respective District Inspector of
Schools.
c) the approved teaching and non-teaching staff of the Government or Government
aided or sponsored Training Institutions for Primary Teachers;
d) the approved employees of District Primary School Councils or District School
Board;
e) the approved teaching and non-teaching staff of Government Sponsored Free
Primary Schools and Junior Basic or Pre-Basic or Pre-Primary or Nursery Schools taken
over from municipalities and brought under the Scheme of the West Bengal Urban
Primary Education Act, 1963 (West Ben. Act XXVIII of 1963).
(2) Subject to the provisions of Chapter III with respect to payment of Gratuity, these rules
shall not apply to the teachers of D.A. getting schools or the teachers appointed or engaged on
contract basis such as part-time teachers, para- teachers or Siksha Sahayaks and to those
teachers who have opted for Contributory Provident Fund in lieu of Pension- cum-Family
Pension.
3. Definitions
(1) In these rules, unless there is any thing repugnant in the subject or contexta)
“Act” means the West Bengal Primary Education Act, 1973 (West Ben. Act XLIII of
1973);
b) “basic pay” means the monthly pay which is drawn by an employee and which
corresponds to a stage in the time scale of pay attached to the post held by him;
c) “daughter” means daughter of an employee till she attains 25 years of age and
includes step daughter or adopted daughter of such employee till she attains 25 years
of age;
d) “Director of Pension and Provident Fund and Group Insurance” means Director of
Pension and Provident Fund and Group Insurance appointed by the Government of
West Bengal;
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e) “emoluments” means basic pay and dearness pay last drawn;
f) “employee” means and includesi)
the approved teaching and non-teaching staff of Government, or Government
aided or sponsored, Training Institutions for Primary Teachers,
ii) the approved employees of District Primary School Councils or District School
Board,
iii) the approved leaching and non-teaching staff of Government Sponsored Free
Primary Schools and Junior Basic or Pre-Basic or Pre-Primary or Nursery
Schools taken over from Municipalities and brought under the Scheme of the
West Bengal Urban Primary Education Act, 1963 (West Ben. Act XXVIII of 1963);
g) “family” includes the following relations of an employee of the Council, namely:-
i) for the purpose of death gratuity-
A) spouse of the employee,
B) son including step son/adopted son,
C) unmarried and widow and divorced daughter,
D) mother,
E) father
F) brother below the age of 25 years and unmarried or widow sister;
ii) for the purpose of family pension-
A) spouse of the employee,
B) sons including step or adopted sons,
C) unmarried or widow and divorced daughter,
D) dependent parents;
Note: - Marriage after retirement shall be recognized for the purpose of family pension;
h) “leave” means any period of leave admissible to an employee under the rules
applicable to him;
i) “pensioner" means a retired employee who is receiving pension;
j) “Primary School” means a school sponsored by Government or the schools under the
management of District Primary School Council including Siliguri or Kolkata Primary
School Council and District School Board in Darjeeling Gorkha Hill Council area;
k) “Service Book” means the documents that contain the records of service of an
employee, as specified under Government Order No.804-Edn (B) dated 19.10.1990 and
Government Order No.l980-Edn (S) dated 15.12.1971;
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l) “State Government” means the Government of West Bengal in the School Education
Department.
(2) The words and expressions used and not defined in these rules but defined in the Act shall
have the same meanings as respectively assigned to them in the Act.
CHAPTER II
Pension
4. Classification of pensions
There shall be following four classes of pensions, namely:-
(a) compensation pension;
(b) invalid pension;
(c) superannuation pension;
(d) retiring pension.
5. Eligibility for pension
(1) An employee shall be eligible to compensation pension, invalid pension or superannuation
pension, as the case may be, if he has completed at least ten years satisfactory qualifying
services.
(2) An employee shall be eligible to retiring pension if he has completed at least twenty years
satisfactory qualifying services.
3) Any service of an employee before completion of his 18 years of age shall not count as
service.
6. Compensation pension
(1) An employee is entitled to receive compensation pensionary benefits for the satisfactory
service he has rendered if he is discharged on abolition of the permanent post held by him;
Provided that an employee is not entitled to receive compensation pension or gratuity for the
service he has rendered if he accepts any other appointment where his previous service may be
counted.
(2) An employee is not entitled to receive compensation pension for loss of appointment on
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discharge after the completion of a specified term of service.
(3) An employee shall be given a notice of not less than three months before he is discharged
from the service on abolition of the post held by him:
Provided that if in any case, notice of at least three months is not given and the employee is not
offered with any employment on the date on which his service is dispensed with the sanction of
the authority competent to dispense with the service, then a gratuity, not exceeding his
emoluments for the period by which the notice actually given to him falls short of three months,
may be paid to him in addition to compensation pension but no compensation pension shall be
payable for the period for which he receives a gratuity in lieu of notice.
7. Invalid pension
(1) An employee shall be entitled to receive invalid pension if he retires from service due to
becoming permanently incapacitated on account "of physical or mental infirmity.
(2) Unless otherwise specified, an employee who applies for an invalid pension shall submit a
medical certificate from the Chief Medical Officer of Government of West Bengal in the
concerned District or from any other Medical Officers of equivalent status nominated or
specified by the state Government.
(3) While applying for invalid pension, the employee shall furnish a medical certificate in
Form 19.
(4) Invalid pension is not admissible to an employee, if the Medical Officer certifies that the
incapacity of the employee is directly due to addiction to drugs, alcohol or any other
substance.
8. Superannuation pension
Superannuation pension is granted to an employee who retires at the age of 60 years.
9. Retiring pension
A retiring pension is admissible to an employee who is allowed to retire as per his prayer after
completing at least twenty years” satisfactory qualifying services.
10. Commencement of pension
The pensions herein above referred in rules 6, 7, 8 and 9 shall commence from the date
following the date of retirement of such employee.
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11. Determination of date of birth
(1) When the year of birth of employee is known but the date of birth is not known, the first
day of July shall be deemed to be the date of birth.
(2) When only the month and year of birth of an employee are known, the 16th day of that
month shall be deemed to be the date of birth.
12. Qualifying service
(1) The continuous satisfactory service of a whole time approved employee in any educational
Institution, shall count as qualifying service:
Provided that the service rendered before completion of 18 years shall not be counted as service:
Provided further that the service rendered by an employee in an unrecognized school or in a D.A.
getting school shall not be counted:
Provided also that the service rendered by an employee under the Central or in any State
Government or union territories shall count for determining qualifying services.
(2) Approved temporary service including approved service on leave or deputation vacancy in
one or more schools shall be counted towards pension, subject to the fulfillment of other
conditions for grant of pensions.
(3) All periods of authorized leave, other than extra-ordinary leave without pay, shall be
counted as qualifying service:
Provided that the service rendered by an employee under State Government shall be counted for
determining qualifying service:
Provided further that extra-ordinary leave granted other than on medical ground shall be also
counted towards calculating qualifying services if such leave is granted due to the employee’s
inability to join or rejoin duty on account of civil disturbance declared by the state government
or for pursuing higher studies in relation to his teaching subject in school with prior permission
from District Inspector of Schools concerned.
(4) Period of suspension fol lowed by reinstatement shall be counted as qualifying service if
such period is treated, by order, as duty by the competent authority.
(5) The period between the date of dismissal or removal and the date of reinstatement shall
be counted as qualifying service only if the appointing authority, by order, treats that period as
on duty or leave other than extra-ordinary leave.
(6) Vacations shall be counted as qualifying service if an employee is present on both the
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closing and re-opening dates and if on leave on either of the dates, the absence is regularized
by sanction of leave by the competent authority.
(7) Qualifying services for pension shall be counted upto the age of superannuation or the
date preceding the date of voluntary retirement.
(8) Period of absence under duress as declared by Government Order No.l071-Edn (S), dated
19.8.1977 and Government Order No. 477-Edn (S) dated 16.8.1980 (read with any subsequent
orders to the same effect) issued by Stale Government shall be counted as qualifying service.
(9) Any period of services not covered under sub-rules (1) to (8) shall not count as qualifying
service.
13. Effect of dismissal or removal or resignation
When an employee is dismissed or removed from service or when he resigns from the post,
the service rendered by him shall stand forfeited and such employee is not entitled to receive
pension.
14. Date of retirement
(1) When an employee is required to retire on attaining a specific age, the date on which he
attains that age, shall be reckoned as a working day and the employee shall retire with effect
from the afternoon of that day.
(2) If the date of retirement on superannuation of an employee falls on any date other than the
first day of the month, he shall be allowed to retire on the last day (afternoon) of the month.
(3) If the date of retirement on superannuation of an employee falls on the first day of a
month, he shall be allowed to retire on the last day (afternoon) of the preceding month.
15. Pension sanctioning authority
The Secretary of the District Primary School Council concerned shall be the pension
sanctioning authority under these rules.
16. Rate of pension
(1) The amount of pension shall be determined at the rate of 50% of last pay drawn in all
cases to an employee who has completed at least 33 years satisfactory qualifying services:
Provided that an employee, who at the time of retirement has rendered satisfactory qualifying
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service of 10 years or more but less than 33 years the amount of his pension shall be of such
proportion of the maximum admissible pension as the qualifying services rendered by him.
(2) The maximum or minimum monthly amount of pension in favour of a pensioner shall not
exceed or not be less than the sum as may be fixed from time to time by the State Government.
(3) In addition to pensions determined under sub-rule (1), the pensioner is entitled to relief as
admissible to the State Government pensioners from time to time.
(4) Subject to the other provisions of these rules the amount of monthly pension payable
monthly shall be expressed as a whole of a rupee and where the pension calculated according
to these rules contains a fraction of rupee, it shall be rounded off to the next higher rupee.
(5) A pension admissible to an employee shall be fixed and paid in Indian rupee and in India.
(6) Where the service of an employee has not been thoroughly satisfactory, the pension
sanctioning authority may make such reduction in the amount as it thinks fit.
(7) The proportionate reduction in the amount of pension under these rules should be to the
extent by which the employee’s service as a whole has failed to reach a thoroughly satisfactory
standard.
(8) The service of an employee against whom a charge of corruption has been initiated
through proceedings cannot be considered to be satisfactory.
(9) Final pension, gratuity etc., shall not be sanctioned to an employee against whom
departmental or judicial proceedings have been instituted or pending.
(10) In case of misconduct of the pensioner, the pension sanctioning authority shall have the
power to withhold pension or reduce the amount of pension.
17. The rate of dearness pension
The amount of dearness pension shall be determined at the rate of 50% of the dearness pay
(the part of dearness allowance merged with pay is treated as dearness pay) drawn last in all
cases to an employee who has completed at least 33 years satisfactory qualifying services:
Provided that for an employee who at the time of retirement has rendered satisfactory qualifying
service of 10 years or more but less than 33 years, the amount of his dearness pension shall be of
such proportion of the maximum admissible dearness pension as the qualifying service rendered
by him is in proportion to the maximum admissible length of service qualifying for pension:
Provided further that no part of dearness pension shall be allowed to be commuted before or
after retirement with or without medical examination by any employee under any
circumstances.
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18. Provisional Pension
(1) Where any departmental or judicial proceeding is instituted or pending against an
employee who is allowed to retire on attaining the age of superannuation or otherwise, he
shall be paid a provisional pension following his prayer during the period commencing from
the date of his retirement to the date on which the final orders are passed by the appropriate
authority on such proceeding.
(2) Where an employee who is allowed to retire on attaining the age of superannuation but
whose pension has not been sanctioned by the Pension Sanctioning Authority for want of his
necessary service records, shall be paid provisional pension following his prayers.
(3) The amount of provisional pension shall not exceed the sum total of maximum amount of
pension and the maximum amount of dearness pension, which would have been admissible to
an employee on the basis of his qualifying services up to the date of retirement, or if he was
under suspension on the date of retirement upto the date immediately preceding the dale on
which he was placed on suspension.
(4) Payment of the provisional pension shall be adjusted against the final retirement benefits
sanctioned to such employee up to conclusion of the aforesaid proceeding but no recovery
shall be made where the pension finally sanctioned is less than the provisional pension or the
pension is reduced or withheld either permanently or for a specified period.
(5) In no case the provisional pension, referred to in sub-rule (1), shall be paid beyond a
period of 12 months from the date of retirement. During sanction of provisional pension
under the rules, report on admissibility of pension is required to be obtained from the
Director of Pension, Provident Fund and Group Insurance, West Bengal. No Gratuity or death
cum retirement gratuity shall be paid to him until the conclusion of such proceedings and the
issue of final orders thereon. Such provisional pension shall be subject to adjustment against
the amount of pension including gratuity or by short payment of pension. All outstanding dues
shall be adjusted in the same manner as above.
19. Right to withhold pension in certain cases
(1) The pension of an employee may be withheld in whole or in part under an order of the
pension sanctioning authority, passed not later than 3 years after the date of retirement to
meet any sum due under the liability incurred by such employee to the government.
(2) The pension sanctioning authority reserves to himself the right of withholding or
withdrawing a pension or any part of it whether permanently or for a specified period, and
the right of ordering recovery from the pension relief of the whole or part of any pecuniary
loss caused to Government, if the person is found to have been guilty of grave misconduct or
negligence during the period of his service, including service rendered on reemployment after
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retirement:
Provided that such proceedings by Managing committee if instituted while the employee was in
service whether before his retirement or during reemployment, shall after the final retirement of
the employee be deemed to be a proceeding under this article and shall be continued and
concluded by the authority by which it was commenced in the same manner as if the employee
had continued in service:
Provided further that such proceedings, if not instituted while the employee was in service,
whether before his retirement or during reemployment shall not be instituted save with the
sanction of Secretary of the Department and shall not be in respect of any event which took place
more than 3 years before such institution.
(3) An employee who retires from service but against whom criminal proceedings involving
moral turpitude is pending in a court of law shall not be sanctioned any pension until the
termination of the criminal proceedings:
Provided that an interim allowance not exceeding two thirds of the pension that would have
been admissible but for the criminal proceedings may be granted during the pendency of such
proceedings in case of hardship.
Provided further that if he is convicted on a criminal charge involving moral turpitude he shall
not be entitled to any pension but a compassionate allowance may be granted to him and this
shall not exceed two third of the pension which would have been admissible to him if he had
retired on medical certificate.
Provided also that interim allowance or compassionate allowance, as the case may be, can be
sanctioned only after obtaining an admissibility report from Director of Pension, Provident Fund
and Group Insurance. West Bengal:
Provided also that no such judicial proceedings if, not instituted while the employee was in
service, whether before his retirement or during re-employment shall be instituted in respect of a
cause of action which arose, or an event which took place more than 3 years before such
institution.
Explanation I. - For the purpose of this rule a departmental proceeding shall be deemed to have
been instituted on a date on which the charge sheet or statement of chargcs is issued to the
pensioner or if the employee or an employee has been placed on suspension from an earlier date,
on such date.
Explanation II. - For the purpose of this rule a judicial proceedings shall be deemed to have been
instituted -
(a) in the case of criminal proceeding, on the date on which the complaint or report of the
police officer, on which the magistrate takes cognizance is made, and
(b) in the case of civil proceedings, on the date, on which the plaint is presented or as the
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case may be, an application is made to the civil court.
(4) Where any departmental or judicial proceeding is instituted against an employee who has
retired on attaining the age of retirement or otherwise, he shall be paid during the period,
commencing from his retirement to the date on which, upon conclusion of such proceedings
final orders are passed, a provisional pension not exceeding the maximum pension which
would have been admissible on the basis of his qualifying service upto the date of retirement
or if he was under suspension, for the period between the date of his joining to the date
immediately preceding the date of suspension, but no gratuity or death cum retirement
gratuity shall be paid to him until the conclusion of such proceeding and the issue of final
orders there on.
(5) Payment of provisional pension made under clause (4) shall be adjusted against the final
retirement benefit sanctioned to such an employee upon conclusion of aforesaid proceeding
but no recovery shall be made where pension finally sanctioned is less than provisional
pension or the pension is reduced or withheld either permanently or for a specified period.
20. Withholding of pension and dearness pension in case of convictions
and misconduct
(1) The Pension Sanctioning Authority shall by order, in writing, withhold or withdraw a
pension or a part thereof whether permanently or for a specific period, if the pensioner is
convicted of criminal offence serious in nature or is found guilty of grave misconduct.
(2) Where a pensioner is convicted of criminal offence serious in nature by a court of law,
action under sub-rule (1) shall be taken in the light of the judgement of the Court relating to
such conviction.
(3) In the context of a case not falling under sub-rule (2). if the pension sanctioning authority
under the sub-rule (1) considers that the pensioner is prima-facie guilty of grave misconduct,
it shall, before passing an order under sub-rule (1), serve upon the petitioner a notice
specifying the action proposed to be taken 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
pension sanctioning authority, such representation as he may wish to make against the
proposal and such representation shall be considered by the pension sanctioning authority
while withholding the pension under sub-rule (1).
(4) An appeal against an order under sub-rule (1) shall be made to the Secretary, School
Education Department, Government of West Bengal.
21. Recovery of dues before sanctioning pension
(1) When a retiring employee does not clear government dues and these are ascertainable, an
equivalent cash deposit or refund may be taken from him or may be deducted out of gratuity
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payable to him before releasing his final pension or gratuity.
(2) If any of the Government dues remain unassessed for any reason the retiring employee
may be asked to furnish a suitable bond or a part of gratuity not exceeding the estimated
outstanding dues plus 25 % there of may be withheld (subject to maximum of 10%) and
balance may be released to him.
(3) Government dues remaining unrealized and other dues revealed within a period not
exceeding six months from the date of retiring of the employee, shall, however, be reckonable
from the pensioner by adjusting with dearness pension or dearness relief admissible.
CHAPTER III
Gratuity
1. Gratuity
(1) For a service of 10 years or more, an employee is entitled to retiring gratuity at the rate of
one -fourth of his for each completed six monthly period of satisfactory qualifying service,
subject to a maximum of 16 1/2 months emoluments as fixed by the Government. For service
of less than 10 years but more than at least 1 year, the rate of gratuity is 1/2 month’s
emoluments reckonable for pension for every completed six monthly period of service. The
maximum amount is however Rs. 2,50,000/- :
Provided that the period of satisfactory qualifying exceeding 33 years shall not be counted.
(2) No gratuity shall be paid to an employee against whom a departmental or judicial
proceeding is instituted or pending, until the conclusion of such proceeding and the issue of
final order.
(3) While calculating the amount of death or retirement Gratuity, Dearness pay and Dearness
Allowances drawn immediately before death or retirement shall be taken into account in
addition to Basic Pay last drawn.
23. Provisional gratuity
An employee whose gratuity is not sanctioned for the reasons as stated in sub-rule (2) of rule
22, provisional gratuity, after withholding of 10 per cent or Rs. 10, 000/- of the provisional
gratuity, whichever is less should be sanctioned to the retiring employee by Pension
Sanctioning Authority concerned subject to the furnishing a written undertaking by the
pensioner concerned.
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CHAPTER IV
Provisions relating to death gratuity and family pension.
24. Death gratuity
In the event of death in harness, the death gratuity shall be admissible at such rates as
mentioned in table below:-
Table
Length of qualifying service Rate of death gratuity
(a) Less than one year 2 times of the amount reckonable as Gratuity
(b) One year or more but less than 5 6 times of the amount reckonable as Gratuity
(c) 5 years or more but less than 20 years 12 times of the amount reckonable as Gratuity
(d) 20 years or more Half of the amount reckonable for Gratuity for
every completed 6 monthly period of qualifying
service, subject to maximum of 33 times of the
amount reckonable for Gratuity.
In no case the amount shall exceed Rs. 2,50,000/-
25. Nomination
(1) Any employee to whom these rules apply shall make a nomination in writing in the
appropriate form conferring on one or more persons the right to receive the retiring gratuity
or death gratuity that may be sanctioned under these rules.
(2) The concerned employee as well as the heads of offices shall follow the following
nomination procedure: —
(a) every whole time and regular West Bengal Recognized Non-Government
Educational Institution Employees and teachers shall execute nomination in the proper
form as prescribed under these rules just after his joining the service or as soon as his
or her services are made whole time and regular;
(b) it shall be the duty of every head of office to supply necessary Form of nomination
for West Bengal Primary Teachers’ Death Cum Retirement Benefit Rules to every whole
time and regular employee on the very date of his joining service or on the date in
which the employee is brought under whole time and regular service;
(c) on receiving the nomination Form from the employee concerned, the same should
be pasted in the service Book after it is duly countersigned by the head of the office as
required under these rules;
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(d) the statement of family should be obtained just after the employee completes one
year’s service and the same should be pasted in the Service Book. It shall be incumbent
upon the employee concerned to report to the head of the office, in writing, any
omission or addition that may occur subsequently in order to keep the statement of
family members updated;
(e) if an employee has a family, the nomination shall not be in favour of any person or
persons other than the member of his family. If an employee nominates more than one
person, he shall specify in the nomination Form the amount or share payable to each of
the nominee in such manner as to cover the whole amount of gratuity.
26. Family pension
(1) Family pension is admissible to the members of the family of an employee who dies while
in service after rendering at least one year’s service.
(2) The benefit shall also be admissible in case of death of an employee after retirement if at
the time of death he was in receipt of compensation, invalid, retiring or superannuation
pension.
27. Family pension at normal rate
The rate of family pension admissible to the members of the family of an employee shall be
30% of pay (basic pay) drawn last actually or notionally:
Provided that maximum and the minimum amount of family pension shall be fixed by orders of
the State Government from time to time.
28. Family pension at enhanced rate
(1) In the event of death of an employee while in service, the enhanced rate of family pension
may be admissible:
Provided that the employee concerned has rendered, not less than 7 years continuous service,
prior to his death:
Provided further that the family pension at enhanced rate is payable for, a period of 7 years from
the day following the date of death or till the date on which the employee concerned would have
attained the age of 65 years had he survived, whichever period is less.
(2) In the event of death after retirement, the family pension at enhanced rale shall be payable
up to the date on which the deceased employee concerned would have attained the age of 65
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years had he survived or for 7 years, whichever period is less and after the period of family
pension at enhanced rate is over, family pension at normal rate shall commence.
(3) The amount of family pension at enhanced rate payable under these rules shall be
calculated in the following manner:-
(a) 50% of the last basic pay of the deceased employee:
(b) two times of family pension as per last basic pay;
(c) amount of pension in case of pensioner (in case of died in harness this point should
not be filled).
(4) The amount whichever is the lowest amongst clauses (a), (b) and (c) of sub-rule (3) shall
be taken into consideration for payment of family pension at enhanced rale.
29. Period during which family pension is admissible
Subject to the following conditions, the family pension shall be admissible -
(a) in the case of widow or widower up to the date of death of such widow or widower or remarriage
of such widow, whichever is earlier;
(b) in the case of son, until he attains the age of 25 years;
(c) in the case of unmarried daughter, till she attains the age of 25 years or marriage
whichever is earlier;
(d) in the case of dependent parents up to the date of their death or re-marriage, whichever is
earlier.
Note. - Where an employee is survived by more than one widow, the family pension shall be paid
to them in equal shares. This shall not be applicable in cases where bigamy is barred by statutes
and personal law. On the death of the widow, her share of the pension shall become payable to
her eligible minor children. If at the time of her death a widow leaves no eligible minor child, the
payment of her share of the pension shall cease.
30. Grant of family pension to dependent disabled son(s) or daughter(s)
of the Deceased Pensioner:-
Where a deceased pensioner’s son or unmarried or widowed daughter, who is suffering from
any mental disorder or disability of mind or is physically disabled so as to prevent him or her
to earn his or her living even after attaining the age of 25 years, shall be paid family pension
during his or her lifetime subject to the following conditions:-
(a) if such son or daughter is one among two, or more of the pensioner, the family pension
shall be initially payable to the minor children, in the case of minor son until he attains the age
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of 25 years and in the case of unmarried daughter until she attains the age 25 years or
marriage which ever is earlier, as the case may be, and thereafter the family pension shall be
resumed in favour of the son or daughter suffering from disorder or disability of mind or who
is physically crippled or disabled and shall be payable to him for life;
(b) if there are more than one such son or daughter suffering from mental disorder or
disability of mind or who arc physically disabled, the family pension shall be payable in the
order of their birth and the younger shall get the family pension only after the elder next
above him ceases to be eligible. When the family pension is payable to twin children, it shall be
paid to such twin children in equal shares, provided when one such child ceases to be eligible,
his share shall revert to the other and when both of them cease to be eligible the family
pension shall be payable to the next eligible single child or twin children;
(c) the family pension shall be paid to such son or daughter through the guardian as if he is a
minor; production of guardianship certificate is not necessary where such child has attained
the age of majority;
(d) before allowing the family pension for life to any such son or daughter, the sanctioning
authority shall satisfy that the disability is of such a nature as to prevent him or her from
earning his or her livelihood and the same shall be evidenced by a certificate obtained from a
medical officer not below the rank of a Sub- Divisional Medical Officer, stating, as far as
practicable, the Mental or Physical condition of such son or daughter;
(e) the person receiving the family pension as guardian of such son or daughter shall produce
once in every year a certificate from a Medical Officer not below the rank of Sub-Divisional
Medical Officer to the effect that he or she continues to suffer from mental disorder or
disability of mind or continues to be physically disabled;
Provided that such son or daughter is not in receipt of any kind of pension whatsoever from any
Government or Government Undertaking etc. on account of such disability:
Provided further that in case of disability of permanent in nature certified as non-recoverable. or
incurable, the production of certificates for every three years may be done away with.
31. Date of effect of family pension
A family pension shall take effect from the day following die death of an employee or
pensioner.
32. Family pension payable to one member of the family
(1) Subject to the provision contained in the note under rule 29, the family pension sanctioned
under these rules shall not be payable to more than one members of the employee’s family at
the same time. It shall first be admissible to the widow or widower and on the death of such
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widow or widower to the first eldest minor daughter, thereafter next minor daughter
according to seniority and when there shall be no minor daughter, the eldest minor son and so
on and thereafter to mother and lastly to father. Payments to minor shal I be made through
natural or legal guardian.
Note: - Payment of family pension shall not be any bar if at the time of entitlement, the widow or
widower or unmarried daughter or son happens to be employed anywhere.
33. Family pension and retirement benefits against disappeared
employee
(1) When an employee disappears leaving his family, admissible retirement benefits may be
granted to his eligible members of the family as mentioned under rule 28.
(2) On receipt of such application along with documents as may be necessary subject to
fulfilment of the following conditions:-
(a) the family must lodge a report with the concerned police station and obtain a report from
the Officer-in- Charge of such Police Station to the effect that the incumbent could not be
traced out in spite of efforts made by the police.
(b) an indemnity bond should be taken from the family pensioner concerned to the effect that
all payments received from the Government shall be refunded to the Government in the event
the missing person reappears and claims his dues.
(3) All Government dues outstanding against the employee shall be recovered from the relief
on pension.
(4) The family concerned shall apply to the Secretary, District Primary School Council
concerned for grant of family pension after one year from the date of disappearance of the
employee.
(5) The Pension Sanctioning Authority concerned shall make proper scrutiny of the
application received under sub-rule (3) and if it found proper, he shall recommend it to the
Director of School Education, West Bengal and the Director of School Education in his turn
shall toward the case with his comments to the Slate Government.
34. Procedure for payment of retirement benefits
(1) (a) The Sub-Inspector of Schools concerned shall prepare a list as shown in Form 1 every
six months, i.e. on the 1st January and the 1st July each year of all employees who are to retire
within the next 30 months of that date.
(b) A copy of every such list shall be sent to the Director of Pension, Provident Fund and Group
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Insurance, not later than the 31st January or the 31st July as the case may be, of that year. In
case of the persons retiring for reasons other than by way of superannuation, the Sub-
Inspecor of Schools concerned shall promptly inform the Director of Pension, Provident Fund
and Group Insurance.
(2) The Sub-Inspector of Schools concerned shall send a notice specified in Form 2 to the
employee who is to retire on superannuation within the next 24 months.
(3) An employee, who is eligible for pension under these rules, shall submit to the Sub-
Inspector of Schools concerned a formal application for pension in Form 3 as specified in third
schedule duly filled in all respects along with other papers as specified in Form Nos. 4,5,6,7,8
and 9 positively 18 months in advance of his retirement on superannuation. It is to be noted
that the retirement benefit can only be obtained when the retiring or retired employee or
family pensioner shall submit a formal application for retirement benefits in prescribed
proforma as above duly filled in all respects with all requisite papers for any kind of pensions
or family pension or Contributory Provident Fund cum Gratuity / Death Gratuity in case of
those employees opted for Contributory Provident Fund cum Gratuity under Death Cum
Retirement Benefit, 1981.
(4) The Sub-Inspector of Schools on receipt of the formal application for pension, shall
prepare the pension papers as specified in Forms 12, 13, 14 and 15 after due scrutiny and
verification of the service claimed and the emoluments actually drawn and forward the same
along with the original Service Book to the Pension Sanctioning Authority concerned within 3
months after the receipt of the application from the employee under sub-rule (3).
(5) The Pension Sanctioning Authority concerned shall check the pension papers and Service
Book under sub-rule (4) with reference to the Check List prescribed in Form 23 (Check List)
and shall countersign the Service Book and other forms as required above and he shall also
prepare Pension Calculation Sheet in Form 17. He shall also countersign the Initial Pay
Fixation statements of different Revision of Pay and Allowances. Within 3 months from the
date of receipt of said papers from the Sub-Inspector of Schools, the Pension Sanctioning
Authority concerned shall send the Pension papers as stated under sub-rule (4) alongwith
Service Book, Form 17 and Form 23 duly completed in all respect to the Finance Officer of the
District Primary School Council concerned for further examination.
(6) After receiving back the pension papers, if any observation or objection is made by the
Finance Officer of the District Primary School Council concerned, the Pension Sanctioning
Authority concerned shall promptly meet the observation or objection with the disposal of the
pension papers to enable the Finance Officer of the District Primary School Council concerned
to give certificate as to the correctness of the case within 3 months from the date of receipt of
the pension case from the Pension Sanctioning Authority concerned.
(7) After obtaining the prescribed certificate as to the correctness of the case from the Finance
Officer of the District Primary School Council concerned, the Pension Sanctioning Authority
concerned shall sanction pension in Form 16 and shall send all duly filled Forms, as applicable,
with the forwarding letter as in Form 18, including Service Book in original and Form 23
(Check List) to the Director of Pension. Provident Fund and Group Insurance, West Bengal
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within 3 months from the date of receipt of such papers from Finance Officer of the District
Primary School Council concerned.
Note: - There is no bar to receive service pension and family pension under theses rules if the
family pensioner's husband happens to be in military service prior to appointment as employee.
(8) If the Pension Sanctioning Authority concerned cannot sanction the pension of a employee
for whatever be the reasons he shall intimate his decision thereof to the employee concerned
within 3 months from the date of receipt of the papers as provided in sub-rule (5).
(9) Director of Pension, Provident Fund and Group Insurance shall issue the said pension
payment order within 5 months from the date of receipt of die pension papers under sub-rule
(7).
(10) Director of Pension, Provident Fund and Group Insurance shall send Pension Payment
Order (PPO) to the Pension Disbursing Officer or Treasury Officer concerned with copies to
the Pension Sanctioning Authority concerned and the retiring employee or family pensioner
within 5 months from the date of receipt from the Pension Sanctioning Authority concerned.
(11) On receipt of the Pension Payment Order (PPO). the Pension Disbursing Officer (P.D.O.) or
Treasury Officer (T.O.) concerned shall on personal appearance of the pensioner, complete
formalities as prescribed in the relevant rules and start payment of admissible retirement
benefits, from the date as mentioned in the Pension Payment Order (PPO).
(12) If the Director of Pension, Provident Fund and Group Insurance cannot issue Pension
Payment Order of an employee for whatever be the reasons, shall intimate his decision thereof
to the Pension Sanctioning Authority and the employee concerned, within 5 months from the
date of receipt of the papers as provided in sub-rule (7).
(13) The pension sanctioning authority shall sanction provisional pension, provisional
gratuity and issue Provisional Pension Payment order. The same shall be drawn and disbursed
by the Sub-Inspector of Schools concerned from concerned Treasury.
CHAPTER V
Commutation of pension
35. Commutation of pension
An employee who is eligible for the benefit of pension under these rules shall be entitled to
commute for a lump sum payment at the specified rate:
Provided that an employee shall not be entitled to commute more than 40 % of the pension
which has been or may be granted to him:
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Provided further that a employee against whom a judicial or departmental proceeding has been
instituted or continued or a pensioner against whom any such proceeding has been instituted or
continued shall not be permitted to commute any portion of his pension during the pendency of
such proceeding.
36. Application for commutation before retirement
An employee before his retirement shall make an application to the sub-inspector of Schools
concerned in Form 4 along with the application for pension under sub-rule (3) of rule 34.
37. Application for commutation after retirement
A pensioner who fails or declines to make an application for commutation of pension to the
sub-inspector of Schools concerned in Form 4 along with the application for pension under
sub-rule (3) of rule 34 the employee, may apply to the Sub-Inspector of Schools upto the age of
61 without medical examination. The pensioner shall enclose a copy of Pension Payment
Order with the application for commutation of pension.
38. Application for commutation exceeding 61 years
(1) A pensioner who fails or declines to make an application for commutation of pension to
the sub-inspector of Schools concerned in Form 4 along with the application for pension
under sub-rule (3) of rule 34. the pensioner, may apply to the Secretary. District Primary
School Council concerned at the age exceeding 61 years with medical examination in Form 10
for commutation of a portion of his pension.
(2) (a) The Pension Sanctioning Authority concerned, on receipt of application in Part I of
Form 10, acknowledge the receipt in Part II of Form 10 and despatch the same to the
applicant.
(b) the Pension Sanctioning Authority concerned shall forward in original to the Director of
Pension, Provident Fund and Group Insurance in Part III of Form 10 with the request that part
IV of that Form may be completed and returned to him as early as possible so that action for
getting the applicant examined by the appropriate medical authority can be taken.
(3) The Director of Pension and Provident Fund and Group Insurance shall, on receipt of Form
10 from the Pension Sanctioning Authority concerned complete Part IV of that Form and
transmit the same to the Competent Authority as early as possible.
(4) The Competent Authority shall, on receipt of Form 10 from the Director of Pension,
Provident Fund and Group Insurance intimate the applicant in Part V (2) of Form 10 by such
Medical Authority or Medical Boards as the Competent Authority may consider fit for
commutation and shall at the same time instruct him to appear for examination before the
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Medical Authority or Medical Board within three weeks from the date of its order, or he has
applied for Commutation in advance of the date of his retirement within three months from
the date of order but in case earlier than the date of retirement and shall supply a copy of Part
I of Form 11 to the applicant. If the applicant appears before the Medical Authority or Medical
Board, he shall be deemed to have accepted the amount authorized to be commuted.
(5) A copy of Part V(2) of Form 10, as the case may be shall be endorsed by the Director of
Pension, Provident Fund and Group Insurance to the Appropriate Medical Authority or
Medical Board through the Director of Health Services (for cases in Calcutta) or the Chief
Medical Officer of Health (for any other case) with -
(i) Part II and Part III of Form 11;
(ii) Part IV of Form 10 duly completed in original;
(iii) two copies of the applicant’s photograph of which one copy shall be attested by an
officer belonging to Group A service of the State Government.
(6) (a) If the applicant, after receipt of communication from the Competent Authority under
sub-rule (4) fails to appear for Medical examination before the Medical Authority or Medical
Board on the date and at the time communicated to him (including any change therein either
at the request of the applicant or due to administrative reasons) and there is no reasonable
ground for his failure, the Medical Authority or Medical Board shall report the fact to the
Competent Authority concerned and return to him the documents received under sub-rule
(4).
(b) With the return of documents to the Competent Authority under clause (i) the application
for commutation shall be deemed to have been withdrawn.
(7) The Director of Health Services, West Bengal or the Chief Medical Officer of Health shall, on
receipt of documents referred to in sub-para (4), shall
(a) arrange for the medical examination of the applicant by the Medical Authority at the
nearest available station from the residence of the pensioners;
(b) transmit the documents referred to in sub-para (4) to the Medical Authority with
the direction to examine the applicant;
(c) inform the applicant as to the place and date of his medical examination and direct
the Medical Authority to communicate to the applicant the time of such examination.
Note. - In fixing the date of medical examination, it shall be ensured that the medical
examination is held before the applicant’s next birthday.
(8) The Certifying Medical Authority shall, after obtaining from the applicant a statement in
Part I of Form 11 which must be signed in their presence, subject to strict examination enter
the results in Part II of Form 11 and record their opinion as to the accuracy with which the
pensioner has answered the questions in Part I of From B regarding his medical history and
habits, attest the unattested copy of the photograph of the applicant, complete the certificate
contained at the end of Part II of Form 11 and forward it to the Audit Officer, who has already
completed Part IV of Form 10, with the following documents:-
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(i) Part II or Part III of Form 11 in original;
(ii) Attested copy of applicants photograph;
(iii) Part I of Form 11 in original; and
(iv) Part IV of Form 10 duly completed in original.
(9) The Medical Authority or Medical Board shall also send to the applicant a certified copy of
Part III of Form 11 and forward a certified copy of Part III of Form 11 to the Competent
Authority who has signed Part V (1) or Part V (2) of Form 10.
(10) If the Medical Authority or Medial Board or Special Board, as the case may be directs that
his age for the purpose of commutation shall be assumed to be greater than his actual age, the
applicant may withdraw his application by written notice despatched within a period of two
weeks from the date on which he receives intimation of the finding after Medical Authority
and of the revised sum payable on communication. The Pension Sanctioning Authority shall
communicate the adverse medical report and revised sum payable as commuted value.
(11) If the applicant does not withdraw in writing his application within the said period of two
weeks, he shall be deemed to have accepted the revised sum offered.
(12) The pensioner who applied for commutation of pension within one year from the date of
his retirement shall not be subjected to medical examination for the purpose of payment of
commuted value of pension, provided this benefit shall not be admissible to the persons
retired cn ground of invalidation. Application for commutation of pension without medical
examination shall be made after the date of retirement and the commutation shall become
absolute, that is, the retired pension shall become absolute, that is, the retired person shall
become entitled to receive the commuted value of pension on the date on which his
application is received by the Competent Authority. A pensioner who has applied for
commutation of pension without medical examination shall have no option to withdraw his
application. Persons retired on ground of invalidation and those have applied for commutation
of pension after one year from the date of retirement shall be subjected to medical
examination. Such persons shall become entitled to receive the commuted value of pension on
the basis of next birth day following the date on which the medical authority signs the medical
certificate.
(13) In case of application for commutation of pension from a pensioner drawing invalid
pension, the Medical Board shall, after examination in the manner as stated above, record his
opinion in Part III of Form 11.
(14) The Medical Authority examining a pensioner applying for commutation of pension shall
be competent to charge fee at rates as prescribed by the State Government in the Health
Department.
Note. -The commuted portion of pension shall be restored to a pensioner after completion of 15
years from the date of retirement, irrespective of the date of commutation.
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CHAPTER VI
Miscellaneous
39. Transfer of pensionary benefit from one Treasury of India to another
(1) A pensioner settled outside the State of West Bengal can make an application to Director of
Pension, Provident Fund and Group Insurance, West Bengal showing sufficient cause to allow
transfer of payment from one Treasury in the Stale of West Bengal to another Treasury in
other States or Union Territories in duplicate in Form 20:
Provided that if a pensioner or family pensioner prefers payment of his pensionary benefit
outside West Bengal he may submit application to the Director of Pension, Provident Fund and
Group Insurance in duplicate in Form 21.
(2) The Director of Pension, Provident Fund and Group Insurance shall countersign and
forward the same to the Accountant General (A&E), West Bengal for issuing Special Seal
Authority to the concerned Accountant General for payment of pensioner benefits outside
West Bengal as per application under sub-rule (1).
(3) If the Pensioner or Family Pensioner prefers on a date subsequent to the first drawal of
Pensionary benefit from a Treasury in West Bengal or Pension Disbursement Office Kolkata to
draw the Pensionary benefits from a Treasury outside West Bengal he shall submit an
application in forms specified in eighth schedule before the concerned Treasury in West
Bengal or Pension Disbursement Office, Kolkata. On all the cases, recent duly attested Joint or
Single photographs, fresh specimen signature or Left Thumb Impression, are to be collected
by the respective Treasury Officer(s) or Pension Disbursement Office (PDO), Kolkata.
(4) On receipt of such application from the Pensioner or Family Pensioner the Treasury in
West Bengal or Pension Disbursement Office. Kolkata shall forward the application in Form 22
with both halves of the Pension Payment Order with last payment certificate embodied
thereon and photographs, specimen signatures etc. to the Director of Pension and Provident
Fund and Group Insurance, West Bengal for necessary authentication and placement before
the Accountant General (A&E), West Bengal for issuing specimen seal authority to the
concerned Accountant General outside West Bengal.
(5) On the receipt of both copies of P.P.O. (one copy for Treasury and other is incumbent’s
copy) with application in duplicate and the photographs, specimen signatures etc. from the
concerned Treasury or Pension Disbursement Office under sub-rule (4), the Director of
Pension, Provident Fund and Group Insurance, shall cancel both halves of P.P.O. and forward
the same to the Accountant General (A&E), West Bengal along with the single or joint
photographs, fresh specimen signature etc. and a fresh Descriptive Rolls of such Pensioners or
Family Pensioners for issue of Special Authority. The Director shall also send specimen
signature of the Audit Officer or Director. Pension, Provident Fund & group insurance. West
Bengal to the Accountant General (A&E), West Bengal. While sending both halves of P.P.O. to
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the Accountant General (A&E), West Bengal for issuance of Special Seal Authority in respect of
the first payment, the following documents are required to be submitted by The Director of
Pension, Provident Fund and Group Insurance, namely: -
(a) Last Pay Certificate;
(b) sanction of pension;
(c) amount of pension or gratuity or commuted value of pension;
(d) amount commuted and amount reduced pension;
(e) date of restoration of normal pension after commutation;
(f) name of family pensioner:
(g) date of birth in case of minor:
(h) nomination for life time arrear.
(6) While sending transfer cases to the Accountant General (A&E), West Bengal the Director of
Pension, Provident Fund And Group Insurance being the Pension Payment Order issuing
Authority is also required to get the Pension Payment Order cancelled and fresh Pension
Payment Order prepared with last payment certificates for issuance of Special Seal Authority.
In the matter of issuance of Special Seal Authority, the Accountant General (A & E), Wesl
Bengal shall act as an interface between the Director of Pension and Provident Fund and
Group Insurance, West Bengal and other States.
(7) In the cases of revision of pension the Director of Pension and Provident Fund and Group
Insurance, West Bengal shall issue revised authority as per the scheme with the counter
signature and send the same to the Accountant General (A&E), West Bengal for issuing Special
Seal Authority. In the case of Revision or Relief in pension the Director of Pension and
Provident Fund and Group Insurance shall send copy of the order granting relief of pension at
revised rates to the Accountant General (A&E), West Bengal for issue authority for payment of
relief at revised rate to the pension drawing person from other States.
(8) The pensioners or family pensioners desirous of drawing pension from outside this State
shall furnish to the concerned pension disbursing authority necessary certificates or
documents like life certificate, non-employment certificate etc. as and when required by the
said authority.
(9) Regarding accounting procedure, the amount paid by the other State Governments shall
initially be booked under ‘'8793-Inter-State Suspense Accounts with Government of West
Bengal.
(10) On receipt of clearance by R.B.I. Nagpur the same is to be kept under “8658-Suspense
Account-110-CAO RBI Suspense” as debit. On receipt of the vouchers and details from the
concerned Accountant General the amount is to be debited finally under “2071 -01 -109 -NP-
001 -V-04".
40. Application of West Bengal Service Rules
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In all matters not expressly provided for by these rules, the rules specified in the West Bengal
Service (Death-cum-Retirement Benefit) Rules, 1971 shall, in so far as they are not
inconsistent with these rules and with the Act, shall apply to the employees mutatis mutandis
subject to approval of the Government of West Bengal in the Finance Department.
41. Interpretation
If any question arises on any matter or matters relating to the interpretations to these rules, it
shall be referred to the State Government and the decision of the Slate Government thereon
shall be final.
42. Relaxation
Nothing in these rules shall be construed to limit or abridge the power of the State
Government in School Education Department to dispense with or relax with requirement of
any provisions of these rules to such extent and subject to such condition as may be
considered necessary.
43. Repeal and savings
(1) The provisions of West Bengal Recognized Non-Government Educational Institution
Employees (Death-cum-Retirement) Scheme 1981, as applicable to teachers of Primary
Schools, along with notifications, memorandum and orders published earlier relating to the
eligibility, application, admissibility of the benefits under the aforesaid West Bengal
Recognized Non-Government Educational Institution Employees (Death-cum-Retirement)
Scheme, 1981 shall be deemed to have been repealed in so far as they are repugnant to the
matters covered by these rules:
Provided that such repeal shall not affect the previous operation of die said scheme, notifications
and orders or anything done or any action taken thereunder and the benefits already granted on
the basis of the scheme, notifications, orders in force prior to coming into effect of these rules
shall not in any way be adversely affected.
(2) The Forms appended to these rules shall replace the relevant existing Forms.
