19. Counting of military service rendered before civil employment:
(1) A Government servant who is re-employed in a civil service or
post before attaining the age of superannuation and who, before such reemployment,
had rendered regular military service after attaining the age of
eighteen years, may, on his regular appointment to a civil service or post, opt
either-
(a) to continue to draw the military pension or retain gratuity
received on discharge from military service, in which case his
former military service shall not count as qualifying service, or (b) to refund the pension or gratuity and count the previous military
service as qualifying service, in which case the service so
allowed to count shall be restricted to a service, within or outside
the employees unit or department in India or elsewhere, which
is paid from the Consolidated Fund of India or for which
pensionary contribution has been received by the Government.
(2)(a) The option under sub-rule (a) shall be exercised within six
months of the date of issue of the order of regular appointment
to a civil service or post on re-employment, or if the Government
servant is on leave on that day, within three months of his return
from leave, whichever is later.
(b) If no option is exercised within the period referred to in clause
(a), the Government servant shall be deemed to have opted
for clause (a) of sub-rule (1).
(3)(a) A Government servant who opts for clause (b) of sub-rule (I)
shall be required to refund the pension, bonus or gratuity
received in respect of his earlier military service, in monthly
instalments not exceeding thirty-six in number, the first
instalment beginning from the month following the month in
which he exercised the option.
(b) The right to count previous service as qualifying service shall
not revive until the whole amount has been refunded.
(4) In the case of a Government servant who, having elected to
refund the pension, bonus or gratuity, dies before the entire
amount is refunded the unrefunded amount of pension or
gratuity shall be adjusted against the death-cum-retirement
gratuity which may become payable to his family.
(5) When an order is passed under this rule allowing previous
regular military service to count as part of the service qualifying
for civil pension, the order shall be deemed to include the
condonation of interruption in service, if any, in the military
service and between the military and civil services. Verification of previous Military Service of Ex-Soldiers employed
in the Civil Department.
Ruling
Civil authorities employing ex-service commissioned officers and other
ranks should get their previous military service verified in consultation with
the Accountant-General and record is their service registers/history of services
as soon as possible after their regular appointment in the civil posts. For this
purpose the civil authorities should address the following authorities for
obtaining the certificate of verification of military service in the form given in
Appendix (A) below, with suitable modifications to suit their requirements.
Commissioned Officers:
(a) Ex-Army Officers:
(i) Non-Medical Officers : Adjutant General’s Branch (Org-3 New Delhi (RR&C) (D), Army Headquarters,
(ii) Medical Officers : MPRS(O)(NE)Medical Directorate, Army Head-Quarters, New Delhi
(b) Ex-Naval Officers : Personnel Services Directorate (Naval Appointments), Naval Headquarters, New Delhi
(c) Ex-Air Force Officers : Directorate of Personnel (Officers) (PO2), Air Headquarters, New Delhi Non-Commissioned Officers: (a) JCOs, OR & : The respective record office as NCSE of the Indian indicated in the Discharge Certificate Army of the individual concerned. (b) CPO, Petty Officers and : The Captain, Naval Barracks (Drafting Sailors of the Navy Office), Bombay. (c) MWOs, WOs, NCos : Directorate of Personnel (Airmen) & Airmen of the Air Air Head Quarters, New Delhi. Force
Commissioned Officers:
(a) Ex-Army Officers:
(i) Non-Medical Officers : Adjutant General’s Branch (Org-3 New Delhi (RR&C) (D), Army Headquarters,
(ii) Medical Officers : MPRS(O)(NE)Medical Directorate, Army Head-Quarters, New Delhi
(b) Ex-Naval Officers : Personnel Services Directorate (Naval Appointments), Naval Headquarters, New Delhi
(c) Ex-Air Force Officers : Directorate of Personnel (Officers) (PO2), Air Headquarters, New Delhi Non-Commissioned Officers: (a) JCOs, OR & : The respective record office as NCSE of the Indian indicated in the Discharge Certificate Army of the individual concerned. (b) CPO, Petty Officers and : The Captain, Naval Barracks (Drafting Sailors of the Navy Office), Bombay. (c) MWOs, WOs, NCos : Directorate of Personnel (Airmen) & Airmen of the Air Air Head Quarters, New Delhi. Force