Respected Experts,
One of my relatives, who is having many ailments, wants to apply for medical invalidation out of service.
I'm reproducing the related rules of CCS Pension rules, 2021
238. Invalid pension
(1) Invalid pension may be granted if a Government servant retires from the service on account of any bodily or mental infirmity which permanently incapacitates him for the service.
(2) A Government servant applying for an invalid pension shall submit a medical certificate of incapacity from the following medical authority, namely :-
(a)a Medical Board in the case of a Gazetted Government servant and of a non-gazetted Government servant whose pay, as defined in Rule 9 (21) of the Fundamental Rules, exceeds 3[Two thousand and two hundred rupees] per mensem ;
(b)Civil Surgeon or a District Medical Officer or Medical Officer of equivalent status in other cases.
NOTE 1. - No medical certificate of incapacity for service may be granted unless the applicant produces a letter to show that the Head of his Office or Department is aware of the intention of the applicant to appear before the medical authority. The medical authority shall also be supplied by the Head of the Office or Department in which the applicant is employed with a statement of what appears from official records to be the age of the applicant. If a service book is being maintained for the applicant, the age recorded therein should be reported.
NOTE 2. - A lady doctor shall be included as a member of the Medical Board when a woman candidate is to be examined.
(3) The form of the Medical Certificate to be granted by the medical authority specified in sub-rule (2) shall be as in Form 23.
(4) Where the medical authority referred to in sub-rule (2) has declared a Government servant fit for further service of less laborious character than that which he had been doing, he should, provided he is willing to be so employed, be employed on lower post and if there be no means of employing him even on a lower post, he may be admitted to invalid pension.
I request the legal experts the above sub rule No. 4 may kindly be clarified. If the employee is medicaly fit and should be given less laborious work as prescribed by the Medical Board and what if he is not willing to be employed in the lower post, will he be given invalid pension?
Thanks in advance
