ANDHRA PRADESH REVISED PENSION RULES, 1980 (As ... - APHB

R - 52
135
exceeding the maximum pension which would have been admissible on the
basis of qualifying service up to the date of retirement of the Government
servant, or if he was under suspension on the date of retirement, up to the
date immediately preceding the date on which he was placed under
suspension.
(b) The provisional pension shall be paid by the Audit Officer/Head of
Office during the period commencing from the date of retirement to the date
on which, upon the conclusion of the departmental or judicial proceedings,
final orders are passed by the competent authority.
1 [(c) No gratuity shall be paid to the Government servant until the
conclusion of the departmental or judicial proceedings and issue of final orders
:
Provided that where departmental proceedings have been instituted
under Rule 9 of Andhra Pradesh Civil Services (Control Classification and
Appeal) Rules, 1991, for imposing any of the penalties specified in clauses
(i), (ii) and (iv) of Rule 9 of the said rules, except the cases falling under subrule
(2) of Rule 22 of the said rules, the payment of gratuity shall be authorised
to be paid to the Government servant.]
2 [Provided further that not withstanding anything contained in clauses
(a), (b) and (c) of sub-rule (1) above, where a conclusion has been reached
that a portion of pension only should be with held or with drawn and the
retirement gratuity remains uneffected in the contemplated final orders, the
retirement gratuity can be released upto 80%]
(2) Payment of provisional pension made under sub-rule (1) shall be
adjusted against final retirement benefits sanctioned to such Government
servant upon conclusion of such proceedings 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.
*(3) Nothing contained in this rule shall prejudice the operation of Rule
6 when final pension is sanctioned upon the conclusion of the departmental
or judicial proceedings.
1. Sub clause (c) was substituted by G.O.Ms.No.302, Fin. & Plg. (FW:Pen.I) Dept., dt. 30.8.1994.
2. Further proviso under clause (c) of sub-rule (1) of Rule 52 was introduced by
G.O.Ms.No.227, Fin & Plg (FW.Pen-I) Dept., dt. 10-10-95
* The rule 6 referred in sub-rule (3) is however omitted by G.O.Ms.90 F&P (FW.Pen-I) Dept.,
dt. 25-5-98 w.e.f. 25-5-98.