Haryana Civil Services (Pension) Rules, 2016
No: -- Dated: Dec, 08 2017
HARYANA CIVIL SERVICES (PENSION) RULES
In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, the Governor of Haryana hereby makes the following rules, regulating the terms and conditions of service of Government employees of the State of Haryana:-
Chapter - I
Preliminary
1. Short title and commencement:-
(1) These rules may be called the Haryana Civil Services (Pension) Rules, 2016.
(2) These rules shall come into force from the date of its publication in the official gazette.
2. Extent of application:- Except as otherwise provided, these rules shall apply to all Government employees appointed to a post on regular basis on or before the 31st December, 2005 in any Department under Haryana Government.
Note 1:- The Speaker of the Legislative Assembly has agreed under clause (3) article 187 of the Constitution that until a law is made by the Legislature of the State under clause (2) of article 187 of the Constitution or rules are framed by the Governor in consultation with the Speaker of the Legislative Assembly under clause (3) of article 187 of the Constitution of India, these rules and amendments thereof, if any, after prior consent of the Speaker, shall apply to the secretarial staff of the Haryana Legislative Assembly.
Note 2:- The Chairman, Haryana Public Service Commission, has agreed to the application of these rules as amended from time to time, in the case of officers and employees of the Haryana Public Service Commission
Note 3:- If any doubt arises as to whether these rules apply to any person or not, the decision shall lie with the Finance Department.
3. Right and privilege under any law:- Unless otherwise provided in these rules or in the terms and conditions offered at the time of appointment and accepted by the person, nothing in these rules shall operate to deprive any person of any right or privilege to which he is entitled by or under any law.
4. Regulation of claims to pension or family pension:- Any claim to pension or family pension shall be regulated by the provisions of the rules in force at the time when a Government employee is retired, discharged or allowed to resign from service or dies, as the case may be.
5. Special provisions, if any, inconsistent with these rules:- When in the opinion of the competent authority, special provisions inconsistent with these rules are required with reference to any particular post or any conditions of service, that authority may, notwithstanding anything otherwise contained in these rules, and subject to the provisions of clause (2) of article 310 of the Constitution of India, provide in the terms and conditions of appointment of the person appointed to such post for any matter in respect of which in the opinion of that authority special provisions are required to be made. Provided that where no special provision has been made in respect of any matter in the terms and conditions of appointment, provisions of these rules shall apply.
6. Power to interpret, amend and relax:- The power to interpret, change, amend, relax and removal of doubt of these rules shall lie with the Finance Department.
Note 1:- Communications regarding the interpretation and alteration of these rules shall be addressed to the Finance Department through the Administrative Department concerned.
Note 2:- Where the Finance Department is satisfied that the operation of any of these rules regulating the conditions of service of Government employees or any class of such Government employees, causes undue hardship in any particular case, it may by order dispense with or relax the requirements of that rule to such extent and subject to such conditions, as it may consider necessary for dealing with the case in a just and equitable manner.
7. Repeal:- The rules contained in Punjab Civil Services Rules, Volume II are hereby repealed. Anything done or any action taken under rules so repealed, shall be deemed to have been done or taken under the corresponding provisions of Haryana Civil Services (Pension) Rules, 2016.