Death cum Retirement Benefit Scheme

MEMORANDUM
No. 136-Edn. , Dated: 15.05.1985
1. The Second Pay Commission, set up by the Government of West Bengal in terms of Finance Department Resolution No. 9716-F, dated, 16.11.77 made recommendations for allowing retirement benefits to the teaching and non-teaching employees of different educational institutions.
2. After careful consideration of the recommendations, the Governor is pleased to direct that retirement benefits at the rates described in the West Bengal Recognised Non-Government Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1981 enclosed as Annexure-I will be admissible to all wholetime approved teaching and non-teaching employees of the non — Government / Sponsored / Aided Institutions as shown in Statement — I. who were in active service on or after 1.4.81 to the following conditions. Persons who retired from service prior to 1.4.81 will not get these benefits.
3. (a) Same as provided in para 5(a) of this Memo. Persons recruited on or after 1.4.81 will automatically be governed by this West Bengal Recognised Non-Government Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1981.
(b) Persons who were in service on 1.4.81 will have an option, either
(i) to continue to be governed by the existing rules governing retirement benefits, or
(ii) to come under the West Bengal Recognised Non-Government Educational Institution Employees (Death-cum-Retirement) Scheme. 1981.
4. (a) Persons willing to come under clause 3 (b)(ii) and opting for the benefit of pension-cum gratuity shall apply in writing to the head of the Institution / Organisation stating that he / she is willing to refund to Government the employer’s share of contribution together with interest accrued thereon, credited against his / her Contributory Provident Fund Account and that his / her own share of contribution with interest thereon transferred to the General Provident Fund Account. The Head of the Institution / Organisation will take necessary action and intimate the Director after transferring the amount. The Head of the Institution / Organisation will maintain the General Provident fund / Contributory Provident Fund Account as the case may be. The entire fund relating to Contributory Provident Fund will be made available to the Director, the employers’ share with interest would be credited to the Revenue head of Government and the employee’s share will be credited to his newly opened General Provident Fund Account.
The amount of employers’ share of contribution to the General Provident Fund together with interest required to be refunded or actually refunded shall have to be recorded in an appropriate space in the Service Book under proper attestation.
The Director or any Government Officer authorised by him will attest the entry in the Service Book. The period of contribution to Contributory Provident Fund should also be recorded in the Service Book.
(b) Some persons have already drawn the employer’s share of contribution together with interest accrued thereon and are not able to refund the same in cash. In order to enable them to avail themselves of the benefit of pension etc. in such cases, the employer’s share of contribution together with interest accrued thereon should be refunded with interest at 5% simple on the amount actually drawn, calculated from the date of drawal of the said amount to the date of refund / adjustment, and the said amount should be adjusted against the amount of gratuity reported admissible. If there is some amount still remaining due, it should be adjusted against the amount of arrear pension to be paid to such employees of Non-Government / Sponsored/ Aided Institutions, as shown in Statement-I and thereafter, if necessary, by non-payment of pension till recovery of the total amount to be refunded.
The date of drawal, the amount of employers’ share together with interest thereon should be recorded in the Service Book and the same should be attested by the Director or any Government Officer authorised by him after due verification. After full recovery of the dues including interest, the incumbents may be allowed their monthly pension. The incumbents concerned will have to give a written undertaking to the effect that they have no objection to such recovery in a form prescribed for this purpose in consultation with the Legal Remembrancer West Bengal A model form for such declaration will be forwarded to the directors in due course. The following paragraph should be added to the pension sanctioning memo:
“The pensioner having already drawn an amount of Rs. …….. (in words) only from the Contributory Provident Fund and / or gratuity, if any, the amount along with simple interest 5% p.a. from the date of of drawal of the Contributory Provident Fund money and / or gratuity to the date of deposit / adjustment has been recovered” at his / her own request, from his / her monthly pension for the period from ……… to and the pensioner may be allowed to draw a pension of Rs. ……………(in words) only for the month of …………… of the year ………… and thereafter @ Rs. …………………………. (in words) per month only as sanctioned in para ……………………. of the memo.”
(c) The period of service for which contribution towards Contributory Provident Fund was not paid by the employer will also be taken account as qualifying service tor pensionary benefits.
5. (a) The existing employees appointed prior to 1.4.81 shall be required to opt within 90 days from the date of issue of this Scheme amongst the Non-Government / Sponsored / Aided Institutions for either of the two retirement benefits mentioned in para 3 (b) above and also opt within the same period which of the benefits referred to in para 4 of the West Bengal Recognised Non-Government Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1981, they intend to elect. Those who were appointed on 1.4.81 or after but before the circulation of the Scheme, shall also opt for the benefit referred to in para 4 of the Scheme within the same period. The employee who would be appointed after the circulation of the Scheme shall, however, opt for the said benefit at the time of their appointment. In case of the employees who may be on leave on the date of circulation of this order, the time limit of 90 days will count from the date of their return from the leave. Option once exercised, is final.
(b) The employees who were covered by Scheme but already ceased to be in employment except on the ground of dismissal, may also opt for either or the two retirement benefits and their claim for retirement benefit would be settled according to the provisions of the Scheme subject to the condition that any amount drawn by them from their respective employers on account of retirement benefits as per rules in force at the material time shall be adjusted against the retirement benefits as may be admissible under this Scheme.
The option to be exercised by the employees shall be in the enclosed form.
(c) If any employee does not opt or fail to opt within prescribed time limit, the pensionary benefits as admissible prior to 1.4.81 would be to applicable to their ease.
6. In case of an employee who dies on or after 1.4.81 but before issue of this order and before exercising an option, the pension sanctioning authority will allow the more advantages of 3 (b) (i) or 3 (b) (ii) to him / her.
7. The employee who is covered by this Scheme but who has retired from service, otherwise than on invalid pension prior to issue of this order, will be eligible to commute a portion of his pension without medical examination, provided he applies within one year from the date of publication of this Scheme. The amount of commuted value of pension in such cases will be calculated at the rate corresponding to the age on the date of receipt of the application for communication by the sanctioning authority.
8. The amount which is required to be refunded to Government shall be credited to the head “066-Contributions and recoveries towards pension and other retirement benefits-II-Other receipts-Other items” in the State Budget.
9. The charge on account of payment of Pension including Family Pension-cum-Gratuity under the above mentioned scheme will be debited to the head “266-Pension and other retirement benefits-X-Pension to Employees of State aided Educational Institutions—
(a) Pension to Employees of Primary Schools-Pensions.
(b) Pension to Employees of Secondary Schools-Pensions.
(c) Pension to Employees of other Educational Institutions / Organisations / Pensions”, the opening of the head under (c) above is hereby sanctioned.
Necessary fund under the above heads will be provided in due course.
The expenditure will initially be met from Contingency Fund of the State and these transferred to Consolidated Fund under the Major head-‘266-Pension etc.’
10. The Accountant General, West Bengal and the Pay & Accounts Officer, Calcutta Pay & Accounts Officer, and the Director of Pension, Provident Fund and Group Insurance, West Bengal are being informed.
11. The Government Order No. 437-Edn.(S.E) dt. 9.8.82 is hereby cancelled.
12. This order issues with the concurrence of the Finance Department vide their U.O. No. 318/Gr. J. dated 7.1.85.
By order of the Governor
Sd/- M. M. Sinha Roy
Deputy Secretary

Dear nemo,
I would like to request you if you could attach the G.O. intact in pdf. In that way print out of the G.O. could be placed for any official purpose.

CHAPTER II
Definitions
5. In this Scheme unless there is anything repugnant in the subject or context —
(a) (i) “Affiliated / Approved” means recognised by the West Bengal Board of Secondary Education / West Bengal Madrasha Education Board / Dist. School Boards / West Bengal Council of Higher Secondary Education / District Inspector of Schools/ Director of Public Instruction / Director of School Education/ Director of Technical Education / Director of Library Services as the case may be—
(ii) “Approved teaching and non-teaching employees” means “employees of recognised educational Institution whose services have been approved by the authorities referred to in sub-para 5 (a) (i) above or by any officer / officer authorised by them.”
(b) “Educational Institution” means Institutions approved affiliated by the West Bengal Board of Secondary Education / West Bengal Council of Higher Secondary Education / Director of Technical Education, West Bengal / Director of Library Services, West Bengal / West Bengal Madrasha Education Board / District School Board / Director of Public Instruction / Director of School Education and whose pay and allowances are borne by the State Government.
(c) “West Bengal Board of Secondary Education” means the West Bengal Board of Secondary Education established under the West Bengal Secondary Education Act, 1963.
(d) “West Bengal Council of Higher Secondary Education” means the West Bengal Council of Higher Secondary Education, established under the West Bengal Higher Secondary Council Act, 1972.
(e) “District School Board” means the Board established under the Bengal Rural Primary Education Act. 1930.
(f) “West Bengal Madrasha Education Board” means the West Bengal Madrasha Education Board Established under G.O. No. 211-Edn.(M) dt. 2.2.73.
(g) “Director” means (1) Director of Public Instruction, West Bengal (2) Director of School Education, West Bengal (3) Director of Technical Education, West Bengal (4) Director of Library Services. West Bengal.
(h) “Basic Pay” means the pay which is drawn by an employee, monthly and which corresponds to a, stage in the time scale of pay attached to the post held by him.
(i) “Competent authority” means the appointing authority and also the Director and the State Government in the Education Department as the case may be.
(j) “Pension sanctioning authority” means the Director or any Officers) authorised by Government in this behalf.
(k) “Employee” means a teaching or a non-teaching staff of an educational institution, the appointment of whom has duly been approved by the Director or an Officer authorised by him or the authorities referred to in Sub-para 5(a)(i).
(l) “State Government” means the Government of West Bengal.
(m) “Leave” means any kind of leave admissible to an employee under the rules applicable to him.
(n) “Service Book” means the document which contains the record of service of an employee, as prescribed under Government Order No 804-Edn. (S) dt. 9.10.70 and No. 1980-Edn. (S) dt. 15.12.71.
(o) “Pension” except when the term “Pension” is used in contra distinction to gratuity, pension includes gratuity.
(p) “Emoulment” means the emoluments which the employee was receiving immediately before his retirement and includes (I) Basic Pay, (II) Personal pay, (III) Special pay, (IV) Dearness Pay. “Pay” means the amount of remuneration drawn monthly by an employee as the pay which has been sanctioned for the post held be him substantively or in an officiating capacity. Personal Pay means additional Pay granted to an employee.
(i) to save him from loss of pay due to revision or reduction of pay otherwise than as a disciplinary measure; and
(ii) in exceptional circumstances on other personal consideration;
(iii) Dearness pay.
Note: If an employee before his retirement or death, has been absent from duty on leave with allowances, his emoluments for the purpose of calculating pensionable service, gratuity and / or death — cum — retirement gratuity should be taken at what they would have been had he not been absent from duty. Provided that this amount of pension and / or gratuity is not increased on account of increase in pay not actually drawn and that the benefit of higher officiating or temporary pay is given only, if it is certified that he would have continued to hold the higher officiating or temporary appointment but for his proceeding on leave.
Provided that if the emoluments which count towards pension, are increased from a specified date with financial benefit from a subsequent date such portion of emoluments though not actually drawn will form part of emoluments for the purpose of pension and gratuity. “Dearness Pay” means such portion of Dearness Allowance as has been declared by Government as Dearness pay.
(q) “Average emoluments” means average calculated upon the last ten months of service immediately proceeding the date of retirement up to 31.8.82. From 1.9.82 average emoluments means last emoluments drawn at the time of retirement.
(r) “Governing Body / Managing Committee / Administrator / Ad-hoc Committee” means the body or person charged with the management of the affairs of an Educational Institution duly recognised by the Competent Authority.
(s) “Family” includes the following relatives of an employee namely— (1) For the purpose of a death gratuity
(i) wife in the case of a male employee
(ii) husband in the case of a female employee
(iii) sons including step sons
(iv) unmarried and widowed daughters including step daughters
(v) adopted sons / daughters
(vi) brothers below the age of 18 years and unmarried or widowed sisters
(vii) father
(viii) mother.
(2) For the purpose of family Pension—
(i) wife in the case of a male employee
(ii) husband in the case of a female employee
(iii) minor sons including adopted sons
(iv) unmarried minor daughters including adopted daughters
(v) dependant parents.
Note: Adopted or marriage after retirement will not be recognised for the purpose of family pension.
(i) “Age of superannuation” is the age on attaining of which an employee must retire compulsorily and should be sixty completed years of his age provided that in the case of an employee of an educational institution who was in service on 31st March, 1981 and did not opt for the revised pay scales, introduced with effect from 1.4.81, the age of superannuation should be such age as prescribed under rules / orders, governing his service.
(ii) The employees who would get extension of service as per conditions laid down in para 6 of the government Order No. 372-Edn. 31.7.81 read with Government Order No. 497 (5)-Edn. dt. 13.12.83, will retire on the terms and conditions laid down therein or any order subsequent order / orders.

CHAPTER III
6. Service Record — The full record of an employee’s service rendered in different educational institutions from the date of first entry into regular service till the date of retirement shall be maintained by the institutions in the Service Book.
7. Service qualifying for pension—
(a) except for compensation gratuity, the service rendered by an employee before the completion of the age of 18 years shall not qualify for pension,
(b) continuous service of a wholetime approved employee in any educational institution, shall count as qualifying service,
(c) war service rendered between 3rd September, 1939 and 1st April. 1946 by an employee shall count as qualifying for pension under this Scheme provided the employee concerned was absorbed as an employee on or before 1st January, 1984 and the service would have otherwise qualified for pension,
(d) service rendered before partition, i.e. during the period up to 14th August, 1947, by an employee in any affiliated institutions in areas included in East Pakistan (now Bangladesh) shall qualify for pension and the period of break from the date of leaving the institutions in East Pakistan (now Bangladesh) and the date of appointment in any institution in West Bengal is to be treated as automatically condoned. Affiliation of a school will be verified on the basis of documentary evidence. In the absence of documentary evidence, contemporary evidence duly signed by Director or any Officer authorised by him, will be accepted.
Service rendered by an employee under Government if any will count towards pension. The service in an institution before its recognition will not count.
(e) (i) The Head of an institution in which an employee is serving or has served shall open a Service Book for such employee and record his service therein. In the case of an employee having previous services in some other institutions, the Head of the Institution opening the Service Book shall record his previous services on the basis of certificates and other relevant documents obtained from the institutions where the employee was previously employed and shall keep these certificates and documents relied upon pasted in the Service Book at an appropriate space or otherwise ensure retention of documents along with the Service Book. Where the past service of an employee cannot be clearly established by producing certificates from that institution such collateral evidence as may be collected from contemporaries having personal knowledge of the services of the employees may be accepted if the same is countersigned by District authorities. If the services of any employee whose service before the 15th August, 1947 in an institution or in a school which is now in East Pakistan (Bangladesh) cannot be established by documentary evidence, the employee shall file a written statement on plain paper stating that he had in fact rendered that period of service and shall at the foot of the statement make and subscribe a declaration as to the truth of that statement and shall in support of such declaration produce all documentary evidence and furnish all information which is in his power to produce or furnish. The authority competent to sanction pension to that employee shall after taking into consideration the facts in the written statement and the evidence produce and the information furnished by the employee in support of the said period of service, if satisfied admit that portion of service as having been rendered for the purpose of calculating pension of that employee. But services in East Pakistan or Bangladesh after the 14th August, 1947 shall not be taken into account in calculating the pension admissible. In the case of the Head of the Institution the Service Book shall be opened and maintained by the Head of the Institution, who shall, get the Service Book countersigned by the Director of Education or any officer authorised by him. The service of an employee shall be verified annually by the Head of the Institution and in the case of the Head of the Institution by the Director or any officer authorised by him with reference to the acquittance rolls and other relevant records and a certificate of such verification shall be recorded in the Service Book under the dated signature of the verifying authority.
(ii) Service rendered in other States shall not count as qualifying service. Services rendered in territories which have since been merged in West Bengal and service rendered in East Pakistan now Bangladesh up to 14.8.1947 shall however, count towards pension.
(iii) Approved temporary service including approved service on leave or deputation vacancy in one or more institutions shall count towards pension subject to fulfilment of other conditions for grant of pensions.
Fractions of a year equal to six months and above shall be treated as a completed six monthly period for the purpose of calculation of any pension under this Scheme.
(iv) Upon any condition which it may think fit to impose. Government may condone a deficiency of six months in the qualifying service of the employees of non-Government / Sponsored / Aided Educational Institutions / Organisations.
Note: The deficiency should not be condoned with a view to make up the minimum prescribed qualifying service for the purpose of death gratuity or family pension. In other cases power should be restricted to the employees drawing pay not exceeding Rs. 425.00 per month at the time of retirement on invalid or compensation pension.
(f) All periods of authorised leave other than extra-ordinary leave without pay shall count as qualifying service.
Extra-ordinary leave granted on medical certificate, shall however, count as qualifying service.
Provided that in the case of extra-ordinary leave other than extraordinary leave granted on medical certificate, the appointing authority may, at the time of granting such leave, allow the period of that leave to count as qualifying service if such leave is granted to an employee—
(i) due to his inability to join or rejoin duty on account of civil commotion, or,
(ii) for prosecuting higher scientific and technical studies.
(g) Period of suspension followed by reinstatement shall count as qualifying service provided it is treated as duty, otherwise it shall not count as qualifying service.
(h) The period of break in service even though condoned shall not count as qualifying service.
(i) Break in qualifying service of an employee for a period exceeding 12 months shall entail forfeiture of his past service unless this break is condoned by the competent authority (i.e. Director or any officer authorised by him). Break in service not exceeding 12 months would be treated as automatically condoned.
Note: Before sanctioning any condonation, the following condition is required to be fulfilled, namely (a) the interruption has been caused by reasons beyond the control of the employee concerned.
(j) The period of the break in service of an employee between the date of dismissal or removal and the date of reinstatement shall not count as qualifying service unless such period is treated as duty or leave other than extra-ordinary leave by a specific order of the authority which passed the order of reinstatement.
(k) Resignation tendered by an employee or his dismissal or removal entail forfeiture of past service—-provided that resignation of an employee for taking another appointment under any educational institution with proper permission shall not entail forfeiture of past service
(l) Vacations shall count as qualifying service provided as employees is paid for that period and further provided that he is present on both the closing date and the re-opening date and if on leave on either of the dates, the absence is regularised by sanction of leave by the competent authority.
(m) Qualifying service for pension shall be counted up to the age of superannuation or the date preceding the date of voluntary retirement. The period of service rendered, on approved extension, after attaining the age of superannuation shall also be considered as qualifying service.
Note: For the purpose of this Scheme, the date of superannuation shall be reckoned from the date of birth on the basis of the Madhyamik/Higher Secondary/ Matriculation/School Final Pass Certificate or other equivalent Pass Certificate. In the case of those employees whose date of birth entered in the Service Book on the basis of an affidavit shall be taken into account for the purpose of determining the date of superannuation.
(n) Period of absence under duress as per Government Order No. 1071-Edn. (S) dated 19.8.77 and Government Order No. 477-End.(S) dated 18.6.80 and also of subsequent orders, if any, shall count as qualifying service.
(o) Date of retirement: When an employee is required to retire on attaining a specific age, the date on which he attains that age, shall be recknoned as a non-working day and the employee shall retire with effect from and including that day.
N.B.: If the date of retirement of a superannuated employees falls on any date other than the first day of the month he/she will be allowed to retire on the last day of the month (afternoon).

CHAPTER V
Rate of Pensions
16. (i) The amount of pension shall be determined in accordance with the following slabs:

Note: ‘Average amount reckonable for pension’ means Basic pay and Dearness pay and Special Pay, if any, and the portion of Additional Dearness Allowance that has been allowed to count for the purpose of pension but has not yet been declared as Dearness Pay.
Note: The amount of pension arrived at on the basis of the above slabs will be related to the maximum qualifying service for 33 years. For those employees, who at the time of retirement have rendered qualifying service of 10 years or more but less than 33 years, the amount of their pension will be such proportion of the maximum admissible pension as the qualifying services rendered by them bears to the maximum qualifying services of 33 years.
In no case the maximum monthly pension will exceed Rs. 1,500/-. (ii) In addition to pension as above, an employee is entitled to relief as admissible to the State Government pensioners from time to time. Relief will be payable to the pensioners with effect from 1.11.82 and prior to that date i.e. during 1.4.81 to 31.10.82 only the ad-hoc increase @ Rs. 15/- per month will be admissible. The relief will also by payable on Family Pension. The conditions fo admissibility and rate of relief in pension shall be the same as one and will be applicable to State Government Employees.
17. The amount of pension payable monthly shall be expressed in whole of a rupee and where the pension calculated according to this scheme contains a fraction of rupee, it shall be rounded off to the next higher rupee, provided that the maximum annual pension prescribed above shall not be increased thereby.
18. A pension admissible to an employee shall be fixed and paid in rupee and in India.
19. (1) The full pension admissible under this Scheme is not to given as a matter of course or unless the services rendered has really been approved by the competent authority.
(2) If the service has not been thoroughly satisfactory, the authority sanctioning the pension should make such reduction in the amount as in thinks proper.
Proper that in cases where the authority sanctioning pension is other than the appointing authority, no order regarding reduction of the amount of pension shall be made without the approval of the appointing authority.
Note: No pension shall be liable to seizure, attachment or sequestration by process of Court in India at the instance of the creditor for any demand against the pensioner.
(3) The measure in the reduction in the amount of pension under this Scheme should be the extent by which the employee’s service as a whole has failed to reach a throughly satisfactory standard, and any attempt to equate the amount of reduction with the amount of loss caused to the Institutions is incorrect.
(4) The service of an employee against whom a charge of corruption has been proved whether in a specific case or by any presumption based on recorded facts cannot be considered to be thoroughly satisfactory within the meaning of this Scheme. Any action under this Scheme should, however, be taken only after a charge of corruption has been proved.
(5) Final pension, gratuity etc. shall not be sanctioned to an employee against whom department/judicial proceedings have been instituted/ continued. In case of misconduct of the pensioner, the pension sanctioning authority has the power to withhold pension or reduce the pension.
Where any department or judicial proceeding is instituted or where a departmental proceeding is continued against an employee who has retired on attaining the ‘age of compulsory retirement or otherwise, he shall be paid during the period commencing from the date of his retirement to the date on which, upon conclusion of such proceeding final orders are passed, a provisional pension not exceeding the maximum pension which would have been admissible on the basis of his qualifying services upto the date of retirement, or if he was under suspension on the date of retirement upto the date immediately proceeding the date on which he was placed on 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 thereon. Payment of this provisional pension shall be adjusted against the final retirement benefits sanctioned to such employee upon 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.
Note: The grant of pension under this sub-para shall not prejudice the operation of sub-para 2 when final pension is sanctioned upon conclusion of the proceeding.