Section 20 in The Orissa Local Fund Service (Pension) Rules, 1980
20.
(1)Service rendered by an employee belonging to one of the classes mentioned in Explanation 2 below after attaining the age of 18 years, which is pensionable, under military rules, but which terminates before he attains the age of superannuation, may at his option be allowed to count, when followed by service qualifying for pension under these rules as part of service; provided that any bonus, gratuity or pension received on discharge from military service shall be refunded in such number of monthly instalments not normally exceeding 36 and beginning from such date, as in each case the Government may decide. Service so allowed to count shall, however, be restricted to service within or outside the employee's unit or Department in India or elsewhere, which has been paid for from the Consolidated Fund of Orissa or for which a Pensionary contribution has been received by the Government. The option referred to above should be exercised within a period of three months from the date of confirmation on the civil side.Explanation 1 - An officer, ex-sailor or ex-Chairman will not be brought under the operation of this rule as a matter of course. Each case will be decided on its merits, e.g., there may be cases in which it may be open to a claimant for pension, to add military service during the Great war to former non-pensionable service in the army in order to claim the benefit of a military pension. In such cases it may be to the advantage of the claimant that he should not be brought under the operation of this rule. The bearing of paragraph 574 of the Pay and Allowance Regulations of Army in India, Part II on the position of soldiers of the Indian Army who re-entered during the Great war, deserves consideration in this connection.Explanation 2 - This rule applies to Commissioned Officers, Junior Commissioned Officers, Warrant Officers, non-Commissioned Officers and other enrolled personnel of the army, and the corresponding categories of the Navy and Air Force. It also applies to personnel of the Frontier Constabulary and Militaria, non-Combatant Departmental and regimental employees and followers of the supplemental service and Warrant Officers and Departmental Officers of the Commission and Assistant Classes.Explanation 3 - To be eligible for the concession in this rule, the individual concerned should take his discharge from the Army, or Air Forces within 12 months of the date of his confirmation in the appointment pensionable under these rules. This limit may, in special cases, be relaxed by the Government.Explanation 4 - Employees in the Military Police have the option of counting service under any other rules in those Regulations which would give them a similar or more liberal concession.Explanation 5 - Employees who were in service in an appointment pensionable under these rules on the 22nd February, 1921 are eligible to count service under the rules which were in force before the date where these rules are more advantageous to them.Explanation 6 - Any person who was on other rank, an airman or sailor may, on being permanently appointed to a post in Civil Police Force or in the Jail Department under Civil Government be allowed at the discretion of the head of the administration to count-(a)in full his former colour service ; and(b)half the period of his service in the Reserve, in the Army or Air Force or Navy, as the case may be, for the grant of civil pension under the provisions of this rule.(2)Employees who prior to their appointment had rendered satisfactory paid whole-time established or commissioned "War Service" between the 3rd September, 1939 and the 1st April, 1946 in the Armed Forces of India or similar forces of a Common Wealth country which did not earn a service pension under the Military, Naval or Air Force Rules shall be allowed to count such "War Service" including all kinds of leave on full rates of pay and sick leave taken during such service for the purpose of pension under these rules subject to the following conditions, namely ;(a)Only completed years of said "War Service" shall be allowed to count;(b)In the case of services in which a minimum age is fixed for recruitment, no war service rendered below that age shall be allowed to count for pension and in the case of services or posts in which no minimum age is fixed, no portion of "War Service" rendered before attaining the age of 18 shall be allowed to count for pension;(c)"War Service" rendered in the Armed Forces of India or in similar forces of a Common Wealth country shall be allowed to count alike for pension, no contribution towards pension or share of a pension earned as a result of this concession being claimed from the foreign Government;(d)No refund of bonus or gratuity paid to the employee in respect of such war service shall be demanded from the employee. If however, the officer has been granted any retirement gratuity or service covering both the post-war and war period, such gratuity shall be refundable.Explanation - For the purpose of this rule, the service rendered by petition during the period between 3rd September, 1939 to 1st April, 1946. In Civil Defence Departments shall also be treated as "War Service" ;Provided that the concerned Council shall decide the matters involving in this rule with the approval of the State Government.
