Section 5 in Tamil Nadu State Election Commissioner (Conditions of Service) Rules, 1994
5. Cessation of Government service.
- [(1)] [Rule 5 was re-numbered as sub-rule (1) of rule 5 and sub-rules (2) to (5) were inserted by the G.O. Ms. No. 216, Rural Development (C1), dated the 7th December 1994.] Any person who, on the date of his appointment as Commissioner was holding a post under the Central or State Government shall be deemed to have retired from such post with effect on and from the date on which he joins duty as Commissioner:Provided that Commissioner who, on the date of his appointment as such was in the service of or held a post under Central or State Government may opt within a period of six months from the date of appointment to the Commission to count the service as Commissioner for the purposes of pension and other retirement benefits under the Rules applicable to the service or post to which he belonged immediately before his appointment as the Commissioner. The option once exercised shall be final:Provided further that in the event of such an option being exercised, the Commissioner shall be entitled to get his pension and retirement benefits as aforesaid only when he finally lays down his office as the Commissioner.(2)[] [Rule 5 was re-numbered as sub-rule (1) of rule 5 and sub-rules (2) to (5) were inserted by the G.O. Ms. No. 216, Rural Development (C1), dated the 7th December 1994.] Any person, who, on the date of his appointment as Commissioner was in the service of the Government of India or the Government of the State shall, at his option to be exercised within a period of six months from the date of his appointment, be entitled to draw his pension and other retirement benefits under the Rules applicable to the service to which he belonged with effect from the date of his appointment as Commissioner:Provided that, in such an event, his pay as Commissioner shall be reduced by an amount equivalent to the gross pension (including any portion of the pension which may have been commuted) and the pension equivalent or other retirement benefits and he shall be entitled to draw his pension and other retirement benefits separately:Provided further that the pension equivalent to Death-cum-Retirement Gratuity shall not be deducted from the pay.(3)[] [Rule 5 was re-numbered as sub-rule (1) of rule 5 and sub-rules (2) to (5) were inserted by the G.O. Ms. No. 216, Rural Development (C1), dated the 7th December 1994.] The Commissioner who at the time of his appointment as such, was in the service of the Central or the State Government, if he does not exercise the option mentioned in sub-rule (2), shall count his service as Commissioner for pension and retirement benefits under the Rules applicable to the service which he belonged immediately before such appointment.(4)[] [Rule 5 was re-numbered as sub-rule (1) of rule 5 and sub-rules (2) to (5) were inserted by the G.O. Ms. No. 216, Rural Development (C1), dated the 7th December 1994.] A person who has retired from service under the Government of Tamil Nadu or any other body wholly or substantially owned or controlled by the Government and who is in receipt of, or has become entitled to receive, any retirement benefits by way of pension, gratuity, payment from any contributory provident fund or otherwise, shall when appointed as Commissioner, be eligible to count his service and pay as such benefits taking his previous service into account and to have the pension and other retirement benefits refixed on demitting office as such Commissioner and to draw the pension and retirement benefits as may become admissible less the amount of gratuity already drawn.(5)[] [Rule 5 was re-numbered as sub-rule (1) of rule 5 and sub-rules (2) to (5) were inserted by the G.O. Ms. No. 216, Rural Development (C1), dated the 7th December 1994.] The General Provident Fund (Tamil Nadu) Rules, as amended from time to time, shall apply to the Commissioner, if he is admitted to the said Fund at his option. The authorities competent to grant advances to the Commissioner from the accounts standing to his credit shall be the Governor:Provided that the Commissioner who on the date of his appointment was in the service of the Central or the State Government and who had been admitted to the benefits of any other Provident Fund may, instead, be allowed to continue to subscribe to that Fund in accordance with the Rules or Regulations applicable to that fund, until he reaches the date on which he must compulsorily retire from service in accordance with the Rules of his service. If the Commissioner exercises his option for subscribing to the General Provident Fund, his accumulated balance in his original Provident Fund, including the Government's contribution, if any, shall be transferred to the said Funds.
