18. Counting of pre-retirement civil service in the case of reemployed
Government servants:-
(1) A Government servant who, having retired on compensation pension or invalid pension or compensation gratuity or invalid gratuity, is reemployed and appointed regularly to a service or post to which these rules apply, may exercise option either- (a) to continue to draw the pension or retain the gratuity sanctioned for his earlier service, in which case his former service shall not count as qualifying service, or (b) to cease to draw his pension or refund gratuity, including the retirement gratuity, if any, as the case may be, and count his previous service as qualifying service in which case the pension intermediately drawn shall not be required to be refunded. (2) (a) The option under sub-rule (1) shall be exercised within three months of the date of issue of the order of regular appointment to a 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) In the case of a Government servant who opts for clause (a) of sub-rule (1) the pension or gratuity admissible for his subsequent service is subject to the limitation that service gratuity or the capital value of the pension and retirement gratuity, if any, shall not be greater than the difference between the value of the pension and retirement gratuity, if any, that would be admissible at the time of the Government servant’s final retirement if the two periods of service were combined and the value of retirement benefits already granted to him for the previous service. Note:- The capital value of pension shall be calculated in accordance with the table prescribed by the State Government under the Civil Pension (Commutation) Rules applicable at the time of the second or final retirement. (4) (a) A Government servant who opts for clause (b) of sub-rule (1) shall be required to refund the gratuity received in respect of his earlier service, in monthly instalments not exceeding thirtysix 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. (5) In the case of a Government servant, who, having elected to refund the gratuity, dies before the entire amount is refunded, the amount of unrefunded gratuity shall be adjusted against the retirement gratuity which may become payable to his family.
(1) A Government servant who, having retired on compensation pension or invalid pension or compensation gratuity or invalid gratuity, is reemployed and appointed regularly to a service or post to which these rules apply, may exercise option either- (a) to continue to draw the pension or retain the gratuity sanctioned for his earlier service, in which case his former service shall not count as qualifying service, or (b) to cease to draw his pension or refund gratuity, including the retirement gratuity, if any, as the case may be, and count his previous service as qualifying service in which case the pension intermediately drawn shall not be required to be refunded. (2) (a) The option under sub-rule (1) shall be exercised within three months of the date of issue of the order of regular appointment to a 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) In the case of a Government servant who opts for clause (a) of sub-rule (1) the pension or gratuity admissible for his subsequent service is subject to the limitation that service gratuity or the capital value of the pension and retirement gratuity, if any, shall not be greater than the difference between the value of the pension and retirement gratuity, if any, that would be admissible at the time of the Government servant’s final retirement if the two periods of service were combined and the value of retirement benefits already granted to him for the previous service. Note:- The capital value of pension shall be calculated in accordance with the table prescribed by the State Government under the Civil Pension (Commutation) Rules applicable at the time of the second or final retirement. (4) (a) A Government servant who opts for clause (b) of sub-rule (1) shall be required to refund the gratuity received in respect of his earlier service, in monthly instalments not exceeding thirtysix 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. (5) In the case of a Government servant, who, having elected to refund the gratuity, dies before the entire amount is refunded, the amount of unrefunded gratuity shall be adjusted against the retirement gratuity which may become payable to his family.