Re-employed pensioner in receipt of invalid/compensation pension entitled to option under Rule 18 on rendering not less than/expected to complete twenty (now ten) years' temporary service in re-employed post.

Re-employed pensioner in receipt of invalid/compensation pension entitled to option under Rule 18 on rendering not less than/expected to complete twenty (now ten) years' temporary service in re-employed post. - According to Rule 10 (1-B) of CCS (TS) Rules, 1965, a Government servant who on his retirement from service on attaining the age of superannuation or on his being declared to be permanently incapacitated for further service by the appropriate medical authority after he has rendered temporary service of not less than 20 (now 10) years, shall be brought within the purview of the CCS (Pension) Rules, 1972 and the condition of holding a pensionable post in a substantive capacity shall be dispensed with in his case. Footnote * - Now Central Civil Services (Commutation of Pension) Rules, 1981 2. Cases can occur where a permanent Government servant who has been granted invalid pension under Rule 38 or compensation pension on abolition of permanent post under Rule 39 of the CCS (Pension) Rules, 1972, at a comparatively younger age, is re-employed subsequently and after rendering temporary service of not less than 20 (now 10) years is either declared to be permanently incapacitated for further service, or finally retires from service on attaining the age of superannuation. Such a servant will become eligible to earn a second pension in respect of his temporary service. A question arises whether such a person will be eligible to exercise the option available to a re-employed pensioner under sub-rule (1) of Rule 18 of the CCS (Pension) Rules, 1972, which is to be exercised by a re-employed pensioner within three months of his confirmation in a permanent post. The exercise of such option enables him either - (a) to continue to draw the pension (or to retain the gratuity sanctioned for earlier service) in which case his former service shall not count as qualifying service ; or 1/30/2019 CHAPTER http://persmin.nic.in/pension/rules/pencomp3.htm#Commencement%20of%20qualifying%20service 15/54 (b) to cease to draw his pension and refund the pension and pensionary equivalent of retirement benefits already drawn, in which case the previous service will count as qualifying service. The condition of holding a post in a substantive capacity for the purpose of eligibility to pension having been relaxed in the case of a Government servant retiring on superannuation pension or on being declared to be permanently incapacitated for further service, after rendering temporary service of not less than 20 (now 10) years, the said condition may also be deemed to be relaxed for the purpose of bringing such a person within the ambit of Rule 18 of the CCS (Pension) Rules, 1972. Therefore a Government servant in receipt of invalid or compensation pension in respect of his earlier service, if subsequently re-employed in a pensionable post and retiring as aforesaid will be eligible to exercise option under sub-rule (1) of Rule 18 of the CCS (Pension) Rules, 1972. 3. Re-employed Government servants, who in respect of the second spell of their service have rendered 20 (now 10) years' temporary service before attaining the age of superannuation or who expect to complete 20 (now 10) years' service at the time of attaining the age of superannuation, shall be eligible to exercise option under sub-rule (1) of Rule 18 of the CCS (Pension) Rules, 1972. If such a Government servant after exercising the option but before attaining the age of superannuation, ceases to be in service for any reason, the option exercised shall be treated as null and void. If the Government servant concerned opts for the alternative (a) of sub-rule (1) of Rule 18 ibid, i.e., to continue to draw the pension (or to retain the gratuity) sanctioned for his earlier service, he shall continue to draw pension for the earlier service in addition to the pension earned for the second spell of service. If he opts for the alternative (b) of sub-rule (1) of Rule 18 ibid, i.e., to cease to draw the pension or refund the gratuity, including the retirement gratuity, if any, as the case may be, and to opt to count the previous service as qualifying service, he will draw only one pension based on the sum total of his previous qualifying service and the subsequent spell of service. The amount of pension including gratuity, if any, to be refunded by the Government servant, shall be determined by the Head of Office in accordance with the provisions of Clause (b) of sub-rule (1) of Rule 18 of the CCS (Pension) Rules, 1972. 4. The option referred to in the preceding paragraph may be exercised at the time of completing the application for pension in the form prescribed for the purpose (Form 5), i.e., about eight months prior to attaining the age of superannuation. if no option is exercised within the aforesaid period, the Government servant concerned shall be deemed to have opted for the alternative (a) of sub-rule (1) of Rule 18 of the CCS (Pension) Rules, 1972, in which case he will draw pensions for both spells of service separately. 5. The provisions of paragraphs 2, 3 and 4 above shall also apply to a military pensioner who is re-employed in a civil service or civil post and completes not less than 20 (now 10) years' temporary service before attaining the age of superannuation. Such a pensioner will exercise option under Rule 19 of the CCS (Pension) Rules, 1972, in the right of the position stated in paragraphs 2,3 and 4 above. [G.I., Dept. of Per. & A.R., O.M. No. 38/5/81-Pension Unit, dated the 5th March, 1982.]