Pension Rule No.34: Counting Of Military Service Rendered Before Employment On The Railway

34. Counting Of Military Service Rendered Before Employment On The Railway:-

(1)   A railway servant who is re-employed in a railway service or post before attaining the age of superannuation and who, before such re-employment, had rendered military service, may, on his confirmation in a railway service or post, opt either—

[Authority: RBE No.251/2004, No.F(E)III/2004/PN1/21 (Amendment), 7.12.2004]

(a)   To continue to draw the military pension or retain gratuity received on discharge from military service, in which case his former military services shall not count as qualifying service; or

(b)   To cease to draw his pension and refund,—

(i)    The pension already drawn;

(ii)    The value received for the commutation of a part of military pension; and

(iii) The amount of death-cum-retirement gratuity including service gratuity, if any, and count 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:

Provided that—.

(i)    The pension drawn prior to the date of re-employment shall not be required to be refunded;

(ii)    The element of pension which was ignored for fixation of his pay including the element of pension which was not taken into account for fixation of pay on re-employment shall be refunded by him;

(iii)   The element of pension equivalent of gratuity including the element of commuted part of pension, if any, which was taken into account for fixation of pay shall be set off against the amount of death-cum-retirement gratuity and the commuted value of pension and the balance, it any, shall be refunded by him.

Explanation- In the proviso to this sub-rule, the expression Which Was Taken In To Account means the amount of pension including the pension equivalent of gratuity by which the pay of the railway servant was reduced on initial re-employment and the expression Which Was Not Taken In To Account shall be construed accordingly.

(2) (a)     The authority issuing the order of substantive appointment to a railway service or post referred to in sub-rule (1) shall along with such order require in writing the railway servant to exercise his option under that sub-rule within three months of the date of issue of such order or if he is on leave on that data within three months of his return from leave, which-ever is later and also bring to his notice the provisions of clause (b) of that sub-rule.

(b)   If no option is exercised within the period ‘referred to in clause (a), the railway servant shall be deemed to have opted for clause (a) of sub-rule (1).

(3) (a)     A railway servant who opts for clause (b) of sub-rule (1) shall be required to refund the pension, bonus or gratuity received in respect of his earlier military service, in monthly installment not exceeding thirty six in number, the first installment beginning from the month following the month in which he exercised such 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 where a railway servant who, having elected to refund the pension, bonus or gratuity, dies before the entire amount is refunded, the un-refunded amount of pension or gratuity shall be adjusted against the death-cum-retirement gratuity which may become payable to such deceased’s family.

(5)   When an order is passed under this rule allowing previous 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 railway services.