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

R - 55, 56
140
1 [Members of the State Higher Judicial Service who retired on
superannuation at the prescribed age between 1st April, 1978 and 28th
October, 1979 and are governed by the All India Services (Death-cum-
Retirement Benefits) Rules, 1958, shall continue to be governed for the
purposes of pension, retirement gratuity and family pension by the rules by
which they were governed as on 31st March 1978, except that the quantum
of pension, retirement gratuity and family pension shall be at the rates given
in this part of these rules.]
56. (a) Option :-
A Government servant to whom these rules apply and who holds a
pensionable post under Government on 31st March, 1978 on regular basis
and is governed by the CSRs/HCS Rs/RPRs.1951/LP Rs.1961 or the benefits
of drawing pension under the old Pension Rules, under CS Rs./HCS Rs.
reduced by the pension equivalent of retirement gratuity admissible under
APLP Rs.1961 and receives in lieu of this reduction the retirement
gratuity under APLPRs.1961 as the case may be, and APFP Rules of 1964
shall exercise an option to continue under the Pension Rules by which he is
governed on 31st March, 1978 or to come over to the rules by which he is
governed on 31st March, 1978 as modified by these rules in part II of Revised
Pension Rules of 1980 within three months from the date of receipt of intimation
from the Head of Office/Department to exercise the option.
The option shall be exercised in the appended form. Government
servants failing to opt shall be deemed to have elected to continue to remain
in the Pension Rules by which they were governed on 31st March, 1978.
(b) In the case of Government servants who died while in service/after
retirement between 1st April, 1978 and 28th October, 1979 the eligible member
(s) of the family of the deceased shall be entitled to exercise option as per
sub-clause (a) of this rule within three months from the date of receipt of
intimation from the Head of Office/Department to exercise the option. Where
such option is not exercised by the eligible member (s) of the family of the
deceased Government servant, within the period specified above, the
pensionary benefits which may be most beneficial to the heirs under the
pension rules, applicable to the Government servant on the date of retirement/
death shall be applied and pensionary benefits sanctioned accordingly.
1. This para was added by G.O.Ms.No.105, Finance and Planning (FW.Pen.I)Department,
dated 19.3.1983 with effect from 1.4.1978.