20. Counting of war service rendered before Civil employment:
(1) A Government servant who, prior to his appointment in a civil service or post against war reserved or other permanent vacancy which arose for direct recruitment before the 1st January, 1948, had rendered satisfactory paid whole-time, enlisted or commissioned war service in the Armed Forces of India or in similar forces of a Commonwealth country during the period from the 3rd September, 1939 to the 1st April, 1946, which did not earn a service pension under the military rules, shall be allowed to count such service, including all kinds of leave on full rates of pay and sick leave taken during such service, as qualifying service, subject to the following conditions, namely:- (a) in the case of a service or post in respect of which a minimum age is fixed for recruitment, no war service rendered below that age shall count as qualifying service; (b) no contribution towards or share of pension earned as a result of counting war service rendered in a force of a Commonwealth country shall be claimed from the Government of that country; (c) no refund of bonus or gratuity [except service gratuity] in respect of war service shall be demanded from the Government servant concerned.(2) War service rendered by a Government servant who was appointed substantively to a civil service or post against vacancies which arose after the 31st December, 1947, shall, subject to the conditions specified in sub-rule [1], be treated as provided in Rule 19. Note 1 :- [1] In respect of war service candidates appointed permanently to civil posts against vacancies arising after the 31st December, 1947 “War Service” rendered during the last war by itself, or in conjunction with other military service, shall be allowed to count towards civil pension in full. The grant of the concession is subject to the following conditions:- (i) The officer concerned should not have earned a pension under the military rules in respect of the service in question; (ii) In the case of service or posts in respect of which a minimum age is fixed for recruitment, no military or war service rendered below that age shall be allowed to count for pensions; (iii) “War Service” rendered in the Armed Forces of India and rendered in similar forces of a Commonwealth country shall be allowed to count alike for pension and no contribution towards, or share of, a pension earned as a result of this concession shall be claimed from the foreign Government concerned; (iv) No refund of bonus or gratuity paid in respect of his ‘War Service’ shall be demanded from the officer concerned. If, however, the officer has been granted any retirement gratuity for service covering both the War and post-war periods such gratuity shall be refundable. Where the amount of service gratuity received on account of War/Military Service is not refunded in the manner prescribed in the rules, simple interest at the rates applicable on Government loans from time to time are leviable on the late refund of service gratuity. The interest in respect of persons who entered Government service before 25th July, 1973, after War/Military service shall be levied from 25th July, 1973 to the date of refund to the Government and in case where the entry into Government service after War/Military service is subsequent to 25th July, 1973, interest as above shall be levied from the date of drawal of gratuity from the Military authorities to the date of refund of the gratuity to Government. (v) The break if any between the military/war service and the civil service shall be treated as automatically condoned provided the period of the break does not exceed one year. Breaks exceeding one year but not exceeding three years may also be condoned, in exceptional cases, under special orders of Government. (2) The service rendered by persons during World War II in the Civil Defence Department shall also be treated as “War Service” for the purpose of this note. The service in Civil Defence Department shall mean only the service rendered in the Civil Defence Department (including Air Raid Precaution Service and Civil Labour Units) of the Composite Madras State Government, i.e., areas which constituted Madras State as on 30th September, 1953. The provisions in Rule 20 of these Rules and the note shall not apply to the service rendered in the Civil Defence Department (including Air Raid Precaution Service and Service in Civil Labour Units) of the Central and other State Governments. The benefit of counting of service in Civil Defence Organisations will apply to all persons who have retired and who are still in service. Note 2:- The question of counting non-regular military (purely temporary) service which was not rendered in conjunction with war service in the Army, Navy and Air Force towards Civil Pension has been considered and it has been decided that such service, if continuous, will count in full towards civil pension if it is followed without interruptions by appointment to or eventual confirmation in a pensionable post in Civil Service. The grant of this concession is subject to the following conditions:- (i) The officer concerned should not have earned a pension under the Military Rules in respect of the service in question; (ii) In the case of services or posts in respect of which a minimum age is fixed for recruitment, no military service rendered below that age shall be allowed to count for pension; and (iii) If the officer has been granted any retirement gratuity in respect of such service, such gratuity shall be refundable. It has also been decided that the above concession can be allowed even in cases where there are interruptions between the non-regular military/ purely temporary service and the civil service provided such interruptions are condoned. For condonation of such interruptions the following conditions should be fulfilled. (1) Service preceding the interruption should not be of less than five years’ duration and in cases where there are two or more interruptions, the total service, pensionary benefits in respect of which will be lost if the interruptions are not condoned, should not be less than five years; and (2) The interruption should not be more than of one year’s duration. In cases where there are two or more interruptions, the total of the periods of all interruptions that are condoned should not exceed one year. In such cases the pensionary liability in respect of the military service shall be borne by the Defence Authorities and the Government servant shall be required to refund the service gratuity, if any, received by him in respect of the military service rendered by him, before he is allowed to count that service towards Civil Pension. Note (3):- A question has arisen as to whether the Enlisted/ Commissoned Military Service which is shown as non-pensionable/war time engagement by the Defence Authorities in the certificates of verification of military service, should count towards Civil Pension in the case of persons who are permanently appointed to civil posts. The position is that in the Defence Services there are no non-pensionable establishment and the service officers/ personnel are either on regular or non-regular terms. Those who are on regular terms are entitled to pension/gratuity after rendering the prescribed period of service and others who are not on regular terms are entitled to gratuity as admissible under the rules/orders in accordance with which they are engaged. Non-regular military service when followed by service on regular terms counts for military pension. In the circumstances, the service which is shown as non-pensionable/war time engagement is in fact non-regular (purely temporary) military service including war service and will be allowed to count towards Civil Pension in terms of Notes (1) and (2) above, as the case may be. The pensionary charges in respect of war service in such cases shall be borne by the Civil Authorities and those in respect of military service (other than war service) shall be borne by the Defence Authorities as indicated in Note 6 below. Note (4):- The question whether the term “Pension under the military rules” mentioned in Notes (1) and (2) includes the disability pension also has been examined. The position is that wherever the disability pension includes service elements, this element has to be surrendered, before the war/military service is allowed to count towards Civil Pension. In cases where the Government servant gets disability pension after he becomes eligible for ordinary pension also and that element of ordinary pension is included in the disability pension, he is not eligible to count war/military service towards civil pensions. Note (5):- The exact scope of the term “bonus” occurring in Note (1) above has been examined and it is clarified that the underlying idea behind waiving the recovery of the bonus or gratuity received in respect of war service in order to allow such service being counted towards civil pension subsequently under certain conditions laid down in that note is that the bonus/ gratuity which was paid by the Defence Authorities to their employees (enrolled combatant personnel/non-enrolled combatant personnel) in respect of war service rendered in the Armed Forces during World War II was not of the nature of any retirement or terminal benefit, but was a reward for serving in the war, awarded with a view to providing an incentive for the temporary employees to join the Armed Forces. As such war bonus has no relation to the bonus paid under the unified scale of pay scheme to persons serving on the Civil side or on the Defence side in a Civilian capacity, the entire amount of the latter kind of bonus shall have to be refunded in all cases, where the temporary employee is subsequently allowed to count the temporary service for pension. Note(6):- The question of allocation of pensionary charges between Civil and Defence Authorities has been examined and it has been decided that the charges in respect of war service (3rd September, 1939 to 31st March, 1946) should be borne by the Civil Authorities as in the cases covered by Rule 20 and the charges in respect of military service (other than war service) should be borne by the Defence Authorities in accordance with para 12 of Part IV of Appendix 3 to the Andhra Pradesh Account Code, Volume I. The general question is that where a period of war/military service is allowed to count towards civil pension any gratuity paid in lieu thereof is required to be refunded has been examined and it has been decided that the amount of gratuity should be refunded has been examined and it has been decided that the amount of gratuity should be refunded and credited to the authorities who will bear the pensionary liability for the period of service allowed to be counted towards pension. The pensionary liability for the period of war service devolves on the Civil Authorities and that for military service (other than war service) devolves on the Defence Authorities. The retirement gratuity in respect of service covering the war period should therefore be refunded and credited to the Civil Authorities and the retirement gratuity in respect of military service (other than the service, covering war period) should be refunded and credited to the Defence Authorities. The procedure should be followed in all cases where war/military service is allowed to count towards Civil Pension. Note (7):- Leave taken during war/military service shall count as service for civil pension to the extent to which such leave will count as service for the purpose of pension if the officer concerned had been a temporary employee throughout. Note (8):- The following categories of service will be treated as “War Service” for purpose of Rule 20 and the Notes thereunder:- (a) Service of any kind in a unit or formation for service overseas or in any operational areas; (b) Service in India under military, munitions or stores authorities with a liability to service overseas or in any operational area; (c) All other service involving subjection to Naval, Military or Air Force Law; (d) A period of training with a military unit or formation involving liability to serve overseas or in any operational area; (e) Service in any Civil Defence Organisation specified in this behalf by the Central or the State Government. (f) (i) Any service connected with the prosecution of the war which a person is required to undertake by a competent authority under the provisions of any law for the time being in force; and (ii) Such other service as may hereafter be declared as war service for the purpose of this definition. Only whole time service in any of the kinds specified above will be recognised as war service. Note(9):- The service rendered in the Indian National Army by persons of the following categories shall be treated as War Service for the purpose of counting it towards Civil Pension under Rule 20 and the Notes thereunder:- (i) Persons who were holding civil posts before joining the Indian National Army and have been reinstated in the same posts; (ii) persons who were holding civil posts or were members of the regular Indian Armed Forces before joining the Indian National Army and have been re-employed in some other civil posts; (iii) Persons who joined the Indian National Army from the general public or from the Armed Forces and have subsequently been absorbed in civil posts. The service in the Indian National Army shall be admitted on the basis of a certificate issued by the administrative authorities to the effect that the claim is genuine and correct. The administrative authorities shall give such certificates after verification of documents or collateral evidence etc., produced by the persons concerned. In the case of persons belonging to category (iii) the production of adequate proof like documents relating to their enrolment in the Indian National Army should be insisted upon along with the collateral evidence for their having been in that Army. Note (10):- The service rendered in the Civil Defence Department should be verified with reference to the entries in the service books of the individuals concerned and the discharge certificate produced by them
(1) A Government servant who, prior to his appointment in a civil service or post against war reserved or other permanent vacancy which arose for direct recruitment before the 1st January, 1948, had rendered satisfactory paid whole-time, enlisted or commissioned war service in the Armed Forces of India or in similar forces of a Commonwealth country during the period from the 3rd September, 1939 to the 1st April, 1946, which did not earn a service pension under the military rules, shall be allowed to count such service, including all kinds of leave on full rates of pay and sick leave taken during such service, as qualifying service, subject to the following conditions, namely:- (a) in the case of a service or post in respect of which a minimum age is fixed for recruitment, no war service rendered below that age shall count as qualifying service; (b) no contribution towards or share of pension earned as a result of counting war service rendered in a force of a Commonwealth country shall be claimed from the Government of that country; (c) no refund of bonus or gratuity [except service gratuity] in respect of war service shall be demanded from the Government servant concerned.(2) War service rendered by a Government servant who was appointed substantively to a civil service or post against vacancies which arose after the 31st December, 1947, shall, subject to the conditions specified in sub-rule [1], be treated as provided in Rule 19. Note 1 :- [1] In respect of war service candidates appointed permanently to civil posts against vacancies arising after the 31st December, 1947 “War Service” rendered during the last war by itself, or in conjunction with other military service, shall be allowed to count towards civil pension in full. The grant of the concession is subject to the following conditions:- (i) The officer concerned should not have earned a pension under the military rules in respect of the service in question; (ii) In the case of service or posts in respect of which a minimum age is fixed for recruitment, no military or war service rendered below that age shall be allowed to count for pensions; (iii) “War Service” rendered in the Armed Forces of India and rendered in similar forces of a Commonwealth country shall be allowed to count alike for pension and no contribution towards, or share of, a pension earned as a result of this concession shall be claimed from the foreign Government concerned; (iv) No refund of bonus or gratuity paid in respect of his ‘War Service’ shall be demanded from the officer concerned. If, however, the officer has been granted any retirement gratuity for service covering both the War and post-war periods such gratuity shall be refundable. Where the amount of service gratuity received on account of War/Military Service is not refunded in the manner prescribed in the rules, simple interest at the rates applicable on Government loans from time to time are leviable on the late refund of service gratuity. The interest in respect of persons who entered Government service before 25th July, 1973, after War/Military service shall be levied from 25th July, 1973 to the date of refund to the Government and in case where the entry into Government service after War/Military service is subsequent to 25th July, 1973, interest as above shall be levied from the date of drawal of gratuity from the Military authorities to the date of refund of the gratuity to Government. (v) The break if any between the military/war service and the civil service shall be treated as automatically condoned provided the period of the break does not exceed one year. Breaks exceeding one year but not exceeding three years may also be condoned, in exceptional cases, under special orders of Government. (2) The service rendered by persons during World War II in the Civil Defence Department shall also be treated as “War Service” for the purpose of this note. The service in Civil Defence Department shall mean only the service rendered in the Civil Defence Department (including Air Raid Precaution Service and Civil Labour Units) of the Composite Madras State Government, i.e., areas which constituted Madras State as on 30th September, 1953. The provisions in Rule 20 of these Rules and the note shall not apply to the service rendered in the Civil Defence Department (including Air Raid Precaution Service and Service in Civil Labour Units) of the Central and other State Governments. The benefit of counting of service in Civil Defence Organisations will apply to all persons who have retired and who are still in service. Note 2:- The question of counting non-regular military (purely temporary) service which was not rendered in conjunction with war service in the Army, Navy and Air Force towards Civil Pension has been considered and it has been decided that such service, if continuous, will count in full towards civil pension if it is followed without interruptions by appointment to or eventual confirmation in a pensionable post in Civil Service. The grant of this concession is subject to the following conditions:- (i) The officer concerned should not have earned a pension under the Military Rules in respect of the service in question; (ii) In the case of services or posts in respect of which a minimum age is fixed for recruitment, no military service rendered below that age shall be allowed to count for pension; and (iii) If the officer has been granted any retirement gratuity in respect of such service, such gratuity shall be refundable. It has also been decided that the above concession can be allowed even in cases where there are interruptions between the non-regular military/ purely temporary service and the civil service provided such interruptions are condoned. For condonation of such interruptions the following conditions should be fulfilled. (1) Service preceding the interruption should not be of less than five years’ duration and in cases where there are two or more interruptions, the total service, pensionary benefits in respect of which will be lost if the interruptions are not condoned, should not be less than five years; and (2) The interruption should not be more than of one year’s duration. In cases where there are two or more interruptions, the total of the periods of all interruptions that are condoned should not exceed one year. In such cases the pensionary liability in respect of the military service shall be borne by the Defence Authorities and the Government servant shall be required to refund the service gratuity, if any, received by him in respect of the military service rendered by him, before he is allowed to count that service towards Civil Pension. Note (3):- A question has arisen as to whether the Enlisted/ Commissoned Military Service which is shown as non-pensionable/war time engagement by the Defence Authorities in the certificates of verification of military service, should count towards Civil Pension in the case of persons who are permanently appointed to civil posts. The position is that in the Defence Services there are no non-pensionable establishment and the service officers/ personnel are either on regular or non-regular terms. Those who are on regular terms are entitled to pension/gratuity after rendering the prescribed period of service and others who are not on regular terms are entitled to gratuity as admissible under the rules/orders in accordance with which they are engaged. Non-regular military service when followed by service on regular terms counts for military pension. In the circumstances, the service which is shown as non-pensionable/war time engagement is in fact non-regular (purely temporary) military service including war service and will be allowed to count towards Civil Pension in terms of Notes (1) and (2) above, as the case may be. The pensionary charges in respect of war service in such cases shall be borne by the Civil Authorities and those in respect of military service (other than war service) shall be borne by the Defence Authorities as indicated in Note 6 below. Note (4):- The question whether the term “Pension under the military rules” mentioned in Notes (1) and (2) includes the disability pension also has been examined. The position is that wherever the disability pension includes service elements, this element has to be surrendered, before the war/military service is allowed to count towards Civil Pension. In cases where the Government servant gets disability pension after he becomes eligible for ordinary pension also and that element of ordinary pension is included in the disability pension, he is not eligible to count war/military service towards civil pensions. Note (5):- The exact scope of the term “bonus” occurring in Note (1) above has been examined and it is clarified that the underlying idea behind waiving the recovery of the bonus or gratuity received in respect of war service in order to allow such service being counted towards civil pension subsequently under certain conditions laid down in that note is that the bonus/ gratuity which was paid by the Defence Authorities to their employees (enrolled combatant personnel/non-enrolled combatant personnel) in respect of war service rendered in the Armed Forces during World War II was not of the nature of any retirement or terminal benefit, but was a reward for serving in the war, awarded with a view to providing an incentive for the temporary employees to join the Armed Forces. As such war bonus has no relation to the bonus paid under the unified scale of pay scheme to persons serving on the Civil side or on the Defence side in a Civilian capacity, the entire amount of the latter kind of bonus shall have to be refunded in all cases, where the temporary employee is subsequently allowed to count the temporary service for pension. Note(6):- The question of allocation of pensionary charges between Civil and Defence Authorities has been examined and it has been decided that the charges in respect of war service (3rd September, 1939 to 31st March, 1946) should be borne by the Civil Authorities as in the cases covered by Rule 20 and the charges in respect of military service (other than war service) should be borne by the Defence Authorities in accordance with para 12 of Part IV of Appendix 3 to the Andhra Pradesh Account Code, Volume I. The general question is that where a period of war/military service is allowed to count towards civil pension any gratuity paid in lieu thereof is required to be refunded has been examined and it has been decided that the amount of gratuity should be refunded has been examined and it has been decided that the amount of gratuity should be refunded and credited to the authorities who will bear the pensionary liability for the period of service allowed to be counted towards pension. The pensionary liability for the period of war service devolves on the Civil Authorities and that for military service (other than war service) devolves on the Defence Authorities. The retirement gratuity in respect of service covering the war period should therefore be refunded and credited to the Civil Authorities and the retirement gratuity in respect of military service (other than the service, covering war period) should be refunded and credited to the Defence Authorities. The procedure should be followed in all cases where war/military service is allowed to count towards Civil Pension. Note (7):- Leave taken during war/military service shall count as service for civil pension to the extent to which such leave will count as service for the purpose of pension if the officer concerned had been a temporary employee throughout. Note (8):- The following categories of service will be treated as “War Service” for purpose of Rule 20 and the Notes thereunder:- (a) Service of any kind in a unit or formation for service overseas or in any operational areas; (b) Service in India under military, munitions or stores authorities with a liability to service overseas or in any operational area; (c) All other service involving subjection to Naval, Military or Air Force Law; (d) A period of training with a military unit or formation involving liability to serve overseas or in any operational area; (e) Service in any Civil Defence Organisation specified in this behalf by the Central or the State Government. (f) (i) Any service connected with the prosecution of the war which a person is required to undertake by a competent authority under the provisions of any law for the time being in force; and (ii) Such other service as may hereafter be declared as war service for the purpose of this definition. Only whole time service in any of the kinds specified above will be recognised as war service. Note(9):- The service rendered in the Indian National Army by persons of the following categories shall be treated as War Service for the purpose of counting it towards Civil Pension under Rule 20 and the Notes thereunder:- (i) Persons who were holding civil posts before joining the Indian National Army and have been reinstated in the same posts; (ii) persons who were holding civil posts or were members of the regular Indian Armed Forces before joining the Indian National Army and have been re-employed in some other civil posts; (iii) Persons who joined the Indian National Army from the general public or from the Armed Forces and have subsequently been absorbed in civil posts. The service in the Indian National Army shall be admitted on the basis of a certificate issued by the administrative authorities to the effect that the claim is genuine and correct. The administrative authorities shall give such certificates after verification of documents or collateral evidence etc., produced by the persons concerned. In the case of persons belonging to category (iii) the production of adequate proof like documents relating to their enrolment in the Indian National Army should be insisted upon along with the collateral evidence for their having been in that Army. Note (10):- The service rendered in the Civil Defence Department should be verified with reference to the entries in the service books of the individuals concerned and the discharge certificate produced by them