Section 36 in The M.P. Civil Services (Pension) Rules, 1976
36. Compensation pension.
(1)If a Government servant is selected for discharge owing to the abolition of his post, he shall, unless he is appointed to another post the conditions of which are deemed by the authority competent to discharge him, to be at least equal to those of his own, have the option,-(a)of taking compensation pension to which he may be entitled for the service he had rendered, or(b)of accepting another appointment on such pay as may be offered and continuing to count his previous service for pension.(2)(a)(i)Notice of at least three months shall be given to a Government servant in permanent employment before his services are dispensed with on the abolition of his permanent post.(ii)Notice of at least one month shall be given to a Government servant in temporary employment before his service are dispensed with on abolition of his temporary post or permanent post in which he was officiating without having been against any permanent post.(b)Where notice as provided in clause (a) is not given and the Government servant has not been provided with other employment on the date on which his services are dispensed with, the authority competent to dispense with his services may sanction the payment of a sum not exceeding the pay and allowances for the period by which the notice actually given to him falls short of the required period.(c)Neither compensation pension shall be payable for the period in respect of which he received pay and allowances in lieu of notice, nor such period shall qualify for pension.(3)In case a Government servant is granted pay and allowances for the period by which the notice given to him falls short of required period and he is re-employed before the expiry of the period for which he has received pay and allowances, he shall refund the pay and allowances so received for the period following his re-employment.(4)If a Government servant who is entitled to compensation pension accepts instead another appointment under the Government and subsequently becomes entitled to receive a pension of any class, the amount of such pension shall not be less than the compensation pension which he could have claimed if he had not accepted the appointment.
