(1) In this rule unless the context otherwise requires:
(a) 'Service includes. - 3 ()
(ii) spent on duty as Chairman or Member or both of the Commission;
time time spent on duty by the Chairman or a Menmber in the performance of such other function as he may at the request of the Governor undertake to discharge, (i) joining timne on transfer to the office of the Chairman or Member from a post or an office under the Union or a State; and
(iv) one month or the number of days totally taken whichever is - less of each period of leave on full allowances.
Existing
(b) 'Service Pension' in relation to the Chairman or a Member who before or at the date of appointment as such was in the service of the Union or of a State means the pension admissible to him under the rules of the service of which he was a Member. (2) Subject to the provisions of these rules, pension shall be payable to the Chairman or a Member only if he has completed not less than two years of service. No pension shall be payable to the Chairman or a Member on his removal from service. If the Chairman or a Member, who has completed two years of service or more, takes voluntary retirement from his office and such voluntary retirement is accepted by the Government, he shall be entitled to the pension as admissible under these rules.
(3) The pension under these rules shall be payable to the Chairman or a Member for life.
(4) The annual pension payable to the Chairman or a Member of the Commission on his relinquishing charge shall be as follows: -
(a) In the case of Chairman Rs. 60,788/- per half year of service subject to a maximum of Rs. 6,07,875/- per year if he has completed 5 years of service.
(b} In case of Member other than Chairman Ks, 48,262/- per half year of service subject to a maximum of Rs. 4,82,620/- per year if he has completed 5 years of service.
Proposed for amendment Existing sub rule 6(4)b shall be read as 6(4)X6)i) and proposed for insertion of new sub rule at 6(4),(bX(i) Insertion of new subrule at 6(4)(b)(ii)
(b)(ii) Non official persons appointed as Chairman and Members shall receive pension, duly adding 20half years of weightage to their sèrvice subject to the limit of half of the last pay drawn at the time of retirement.
(c) Ifa Member or Chairman has completed less than 5 years of service the pension is to be calculated at the rate of Rs. 48,262/- or Rs. 60,788/ respectively for each completed half year of service. For calculating a half year service, a period of 3 to 6 months is to be taken as one half year and below 3 months is to be omitted for calculation of pension.
Provided that the Chairman or the Member shall be entitled to an additional quantum of pension in accordance with the following scale. - Pensioner Age From 80 years to less than 85 years From 85 years to less than 90 years From 90 years to less than 95 years From 95 years to less than l00 years More than 100 years Additional quantum of pension 20% of basic pension 30% of basic pension 40% of basic pension 50% of basic pension 100% of basic pension
(d) In the case of a person who has rendered service as Member and also Chairman and if the total period of service is more than two years he shall be entitled for payment of pension in the post last held by him before relinquishing charge.
(e) As and when pension payable to a High Court Judge under the First Schedule of Part 1, Rule 2 of the High Court Judges (Conditions of service) Act, 1954 is revised, corresponding half yearly service pension revision should be made for Chairman and Members of the Commission by the State Government by suitably amending the rules.
Existing
(5) The pension payable under sub-rule (4) shall not be commuted.
(6) The authority competent to grant pension to the Chairman and Members shall be the Governor of Karnataka.
(7) Where the Chairman or a Member of the Commission dies while in service after having rendered not less than one year of continuous service, the rate of family pension calculated at the rate of 60% of the pension admissible to him on the date of his death shall be payable to the persor or persons entitled thereto for a period of 7 years or for a period upto the date on which the Chairman or Member would have attained the age of 72 years had he survived, whichever is earlier and thereafter at the rate of half of the family pension so admissible Family pension is payable to persons nominated by the Chairman or Member or to the legal heir if no nomination is made.
Proposed for amendment
(7) Where the Chairman or a member of the Commission dies while in service after having rendered not less than one year of continuous service, or dies after retirement from service, the rate offamily pension is regulated as follows:
a) In case of death while in service, family pension calculated at the rate of 60% of the pension admissible on the date of his death shall be payable to the person or persons entitled thereto for a period of 7 years or for a period up to the date on which the Chairman or member would have attained the age of 72 years, had he survived, whichever is earlier and thereafter at the rate of half of the family pension so admissible.
(b)Where the Chairman or a member of the Commission dies after retirement from service, the family pension calculated at the rate of 30% of the pension admissible on the date of his retirement shall be payable to the person or persons entitled thereto.
(c)Family pension is payable to persons is payable to persons nominated by Chairman or Member or to the legal heir if no nomination is made.
Provided that the family of the Chairman or the Member shall be entitled to an additional quantum of family pension in accordance with the following scale. - Family Pensioner Age From 80 years to less than 85 years From 85 years to less than 90 years From 90 years to less than 95 years From 95 years to less than 100 years More than 100 years
(8) the Pension and family pension shall be payable at the end of each month at the rate of 'hth of the pension allowed per annum.
Additional pension 20% of family pension 30% of family pension 40% of family pension 50% of family pension 100% of family pension