defence services regulations pension regulations for the army

39(ii). Individual against whom disciplinary/judicialproceedings are pending on the date of retirement/discharge-(1). If the individual is exonerated of all chargesand where the gratuity is paid on the conclusion ofsuch proceedings, the payment of gratuity shall bedeemed to have fallen due on the date following thedate of retirement/discharge.(2). Where the disciplinary/judicial proceedingsare dropped on account of death of the individualduring the pendency of disciplinary/judicialproceedings, the payment of gratuity shall be deemedto have fallen due on the date following the date ofdeath(3). Where the individual is not fully exoneratedon the conclusion of disciplinary/judicial proceedingsand where the competent authority decide to allowpayment of gratuity, in such case, the payment ofgratuity shall be deemed to have fallen due on thedate of issue of orders by the competent authority forpayment of gratuity(iii). On retirement/discharge other than innormal course:-In case an individual is released/retired/dischargedon compassionate grounds or, personal reasons or,discharged in pursuance of Government policy orinvalided out of service or called upon to retire,cashiered, dismissed, removed from service ordischarged under Army Act, the payment of gratuity,if delayed beyond 6 months from the date ofrelease/retirement/discharge/invalidment,(iv). On death of the individual while in service:-Where the payment of death gratuity is delayedbeyond 6 months from the date of death.If the payment of gratuity has beenauthorised after 3 months from the date ofhis retirement/discharge, interest may beallowed beyond the period of 3 monthsfrom the date of retirement/discharge.If the payment of gratuity has been delayed,interest may be allowed for the period ofdelay beyond 3 months from the date ofdeath.If the payment of gratuity is delayed in suchcases, interest shall be payable for theperiod of delay beyond 3 months from thedate of issue of the above mentioned ordersby the competent authority.Interest may be paid for the period of delaybeyond 6 months from the date ofrelease/retirement/ discharge/ invalidment.For those cashiered/dismissed/ removedfrom service, the period of six months shallreckon from the date of issue of the ordersof the competent authority releasing to grantof gratuityInterest may be paid for the period of delaybeyond 6 months from the date of death. ifin any case the payment of death gratuity isheld up on account of more than oneclaimant taking his claim to the same, suchcase shall not automatically qualify forpayment of interest under these Regulations.Such case may be examined on the merit byMinistry of Defence, in consultation withthe Principal Controller of DefenceAccounts (Pensions).Pension Regulations for the Army, Part II (2008)