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

R - 39
1 [(5) The sanction of compensation pension under this rule shall
be subject to Rule 45]
39. Compulsory retirement pension :-
(1) A Government servant compulsorily retired from service as a penalty
may be granted, by the authority competent to impose such penalty, pension
or gratuity or both at a rate not less than two thirds and not more than full
invalid pension or gratuity or both admissible to him on the date of his
compulsory retirement.
(2) Whenever in the case of a Government servant the Government
passes an order (whether original, appellate or in exercise of
power of review) awarding a pension less than the full invalid
pension admissible under these rules, the Andhra Pradesh
Service Commission shall be consulted before such order is
passed.
Explanation :-In this sub-rule, the expression “pension” includes gratuity.
2 [(3) A pension granted or awarded under sub-rule (1) or, as the case
may be, under sub-rule (2), shall be subject to Rule 45.]
Executive Instructions
Extending the benefit of commutation of pension on compulsory
retirement :
A government servant compulsory retired from service as a penalty
and granted Compulsory retirement pension under Rule 39 A.P.R.P.Rs,
1980 may commute a fraction of compulsory retirement pension as per rules
in vogue after Medical Examination by the competent authority. The orders
shall come in to force w.e.f 17-4-2001. And shall apply to those who retired
and granted compulsory retirement pension on or after 17-4-2001.
[G.O.Ms.No. 133, F & P (FW PSC) Dept. dt. 17-4-2001]
1. Added by G.O.Ms.No.178 F & P (FW.Pen-I) Department. dt. 22-10-1997, w.e.f. 29-10-1979.
2.Sub-rule (3) of Rule 39 was substituted by G.O.Ms.No. 178, F&P (FW.Pen.I) Dept, dt 22-10-
97 w.e.f. 29-10-79. The earlier sub-rule was as follows :
“A pension granted or awarded under sub-rule (1) or, as the case may be, under subrule
(2), shall not be less than the limit specified in sub-rule (5) of rule 45”.
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