17. Counting of war service rendered before civil employment.
- A Government Servant, who prior to his appointment in a Civil service or post against war reserve or other permanent vacancy which arose for direct recruitment before the 1st January 1948, had rendered satisfactory paid whole-time, enlisted or commissioned war service in the Armed Forces of India or in similar forces of a Commonwealth Country during the period from the 3rd September 1939 to the 1st April 1946, which did not earn a service pension under the military rules, shall be allowed to count such service, including all kinds of leave on full rates of pay and sick leave taken during such service, as qualifying service, subject to the following conditions, namely:-(i)Completed years of the said war service shall be allowed to count up to maximum of five years.(ii)In the case of services/post 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/ posts in which no minimum age is fixed, no portion of war service, rendered before attaining the age of eighteen years shall be allowed to count for pension.(iii)"War service" rendered in the Armed Forces of India and rendered in similar forces of Commonwealth Country shall be allowed to count alike for pension; no contribution towards or share of a pension earned as a result of this concession being claimed from the foreign Government concerned; and(iv)No refund of bonus or gratuity paid to the employees in respect of such war service shall be demanded from the employees.Note 1. - The provisions contained in clause (1) shall not apply to 'war service' followed by civil service without break which is allowed to be counted in full towards civil pension in the case of persons who retire or die on or after the 1st July 1960,Note 2. - The condition of completed years of 'war service' laid down in clause (1) Shall not apply in the case of persons who had retired or died or may retire or die on or after the 1st July 1960, and had a break between their "war service" and civil service. In such cases, the "war service" including the fraction of a year (up to and inclusive of five years service) shall be added to the subsequent civil service. The resultant fractions of a year equal to six months and above shall be, treated as a completed six monthly period, fraction of a six monthly period, if any being omitted.Note 3. - The service rendered by persons during World War II in the Civil Defence Department shall also be treated as "war service".Note 4. - (i) Where the benefit of added years of service under rule 27 is admissible, war / military service rendered after the completion of thirty years of age will be counted towards civil pension.(ii)For the purpose of rule 27 the length of service should not include the war / military service counted under this rule.Note 5. - The terms 'war reserved' or 'other' vacancies referred to in this rule should be deemed to refer to vacancies arising in the permanent cadre.Note 6. - In respect of cases falling within the scope of this rule the Heads of Departments should record the periods of military service claimed by [non-self drawing Government servants] [Rule 17 in Note 6, for the words 'non-gazetted officers' and 'Gazetted officers', the words 'non-self drawing Government servants' and 'self drawing Government servants' respectively substituted - G.O.Ms.No.118, Finance (Pension) Department, dated 14-03-1997.] under their control in their service books after verifying the period of military service by reference to the Controller of Defence Accounts concerned and after they are accepted by the Accountant-General. Military Services of [Self drawing Government servants] [Rule 17 in Note 6, for the words 'non-gazetted officers' and 'Gazetted officers', the words 'non-self drawing Government servants' and 'self drawing Government servants' respectively substituted - G.O.Ms.No.118, Finance (Pension) Department, dated 14-03-1997.] should after verification by the Controller of Defence Accounts be submitted to Government through the Accountant-General for approval.The service rendered in the Civil Defence Department should be got verified with reference to the entries in the service books of the individuals concerned and the discharge certificate produced by them.Note 7. - In respect of 'war service' candidates appointed permanently to civil posts against vacancies arising after the 31st December 1947, 'war service' rendered during the last war by itself or in conjunction with other military services shall be allowed to count towards civil pension. The concession will also be subject to the following conditions:-(i)The officer concerned should not have earned a pension under the military rules in'respect of the services in question ;(ii)In the case of .services or posts in respect of which minimum age is fixed for recruitment, no military or war services rendered below that age shall be allowed to count for pension;(iii)'War services' rendered in the Armed Forces of India and rendered in similar Forces of a Commonwealth Country shall be allowed to count alike for pension and no contribution towards or share of a pension earned as a result of the concession shall be claimed from the foreign Government concerned;(iv)No refund of .bonus or gratuity paid in respect of his, 'war service' shall be demanded from the officer concerned. If, however, the officer has been granted any retirement gratuity for service covering both the war and post-war period, such gratuity shall be refundable. Also, if any portion of the services is allowed to count towards civil pension under rule 16 of the rules the provision in Note 13 below in regard to refund of gratuity shall mutatis mutandis apply ; and(v)[ The approved military / war service shall be counted as qualifying service along with civil service without any condonation of the break irrespective of the duration of break between the two period of service. The break of interruption itself shall under no circumstances be reckoned as qualifying service for pension. [Rule 17, Note-7, Item (v) substituted - G.O.Ms.No.845, Finance (Pension) Department, dated 07-11-1995 with effect from 1st January 1979.]Provided that the arrears for the eligible pensioners under this condition shall be payable with effect from the 10th October, 1990.] [Rule 11(2) added and Rule 11 renumbered as 12 (1) - G.O.Ms.No.283, Finance (Pension) Department, dated 15-4-1996.]In the case of a person who has break in his military/war ' service, the period of break for this purpose shall be calculated from the date of discharge from the military / war service in the last spell and the previous spell / spells shall also be counted for civil person subject to the fulfillment of the other conditions for counting war / military service,Explanation 1. - The benefits of the concession in this note are also applicable to persons who were initially recruited against temporary vacancies which arose prior to 1st January 1948 but made permanent subsequently provided all other conditions relating to counting of war service towards civil pension are satisfied in their cases.Explanation 2. - In a case where the disability pension includes service element, this element shall be surrendered, before the war/military service is allowed to count towards civil pension.In a case where a Government servant gets disability pension after he becomes eligible for ordinary pension also and that element or ordinary pension is included in the disability pension, he is not eligible to count war/military service towards civil pension in terms of this note.Note 8. - In a case where an officer is entitled in respect of the 'war service' rendered between the 3rd September 1939 and the 1st April 1946 to the concession under rule 17, he may either avail himself of the concession under Note (3) above in respect of the whole of his military service including 'war service' or count the service rendered during the war period for civil pension under this rule as the case may be, and the remaining service rendered before or after the war period to the extent of one half of the service. If however in the later case, the officer concerned has rendered any military service permissible under the military rules and satisfying the conditions laid down in Rule 16 before or after the war period, but did not cam a pension by his 'war service' in conjunction with his military service, in provisions in Note 13 below shall mutatis mutandis apply.Note 9. - A Civil employee to whom the provisions of this rule apply, who enlisted for service during World War II and who left the Army on demobilisation at the end of that war, is entitled subject to the conditions in the rule to count such military service for Civil pension irrespective of whether it was pensionable or not under the Military Rules. Such title is, of course subject to the proviso that a military pension has not as a matter of fact been earned in respect of it in conjunction with other military service rendered before or after the War.Note 10. - In respect of the 'war service' candidates who retired or died or may retire or die on or after 1st July 1960 continuous war/military service shall count in full towards Civil Pension if such service is followed without interruption by appointment to and eventual confirmation in a pensionable post in Civil Service. This concession will be subject to the following conditions:-(i)The Officer concerned should not have earned a pension under the military rule in respect of the service in question;(ii)In the case of services or posts in respect of which a minimum age is fixed for recruitment no military or war service rendered below that age shall be allowed to count for pension;(iii)'War Service' rendered in the Armed Forces of India and rendered in similar Force of Commonwealth Country shall be allowed to count alike for pension and no contribution towards, or share of, a pension earned as result of this concession shall be claimed from the foreign Government concerned; and(iv)No refund of bonus or gratuity paid in respect of his 'war service' shall be demanded from the officer concerned. If, however, the Officer has been granted any retirement gratuity for service covering both the war and post war period, such gratuity shall be refundable.The provisions in this Rule and that in Notes 7 and 8 of this Rules shall continue to apply in the case of Tamil Nadu Government servants who retired or died before 1st July 1960 and also in the case of those who retired or died or may retire or die on or after that date if there was a break between war/military service and civil service.The service rendered by persons during World War II in the Civil Defence Department and in the Civil Pioneer Force Civil Labour Unit shall also be treated as 'war service' for the purpose of this Note.Explanation 1. - The service in the Civil Defence Department shall mean only the service rendered in the Civil Defence Department (including A.R.P. Service) of the Composite Madras State Government, i.e., areas which constituted Madras State as on 30th September 1953. The provisions in this Rule and that in this Note shall not apply to the service rendered in the Civil Defence Department (including A.R.P. Service) of the Central and other State Governments.Explanation 2. - The whole time service of any of the kinds specified below . shall be recognised as war service(a)Service in any kind in a unit or formation for service overseas or in any operational areas;(b)Service in India under military, munitions or store authorities with a liability to serve overseas or in any operational area:(c)All other service involving subjects to naval, military or air force law:(d)A period of training with a military unit or formation involving liability to serve overseas or in any operational areas;(e)Service in any civil defence organisation specified in this behalf by the Central or the State Government; and(f)(i)Any service connected with the prosecution of the war which a person is required to undertake by a competent authority under the provisions of any law for the time being in force; and(ii)Such other service as may here after be declared as war service for the purpose of this definition.The benefit of counting war service other than that in Civil Defence Organisation as defined above will apply only to those who retire or die on or after 4th March 1966. The benefit of counting of service in Civil Defence Organisation will apply to all persons who had already retired and who are still in service.Note 11. - Continuous military (non-regular / purely temporary) service not rendered in conjunction with war service in the Army, Navy and Air Force will count in fill towards Civil pension if such service is followed without interruption by appointment to and eventual confirmation in a pensionable post in civil service. The grant of this concession is subject to the following condition:-(i)The officer concerned should not have earned a pension under the military rules in respect of the service in question.(ii)In the case of services or posts in respect of which a minimum age is fixed for recruitment, no military service rendered, below that age shall be allowed to count for pension.If the Officer has been granted any retirement gratuity in respect of such service, such gratuity shall be refundable.Explanation. - Interruption between the military (non-regular or purely temporary) service and Civil Service shall be condoned under special orders of Government. In such cases the liability in respect of military service shall be borne by the defence authorities and the Government servant shall be required to refund the service gratuity, if, any received by him in respect of the military service rendered by him, before he is allowed to count that service towards civil pension.Note 12. - The gratuity refundable under this rule should be credited to the authorities who will bear the pensionary liability for the period of service allowed to be counted towards pension. As the pensionary liability or war service devolves on Tamil Nadu Government and that for the military service (other than war Service) on the Defence authorities the retirement gratuity in respect of service covering war period shall be refunded and credited to the Tamil Nadu Government and the retirement gratuity in respect of military services (other than service covering war period) shall be refunded and credited to Defence authorities.Note 13. - (i) In the case of a civil employee who had rendered satisfactory paid military service during the war period in addition to military service pensionable under the military rules before or after war service but who did earn a pension by his war service in conjunction with his other military service, that portion of the military service which was rendered before or after the war service should be dealt with in accordance with the provisions of rule 16. The war service portion (i.e. the period of service rendered between 3rd September 1939 and 1st April 1946) should, however, be dealt with under Rule 16 or 17 whichever may be more advantageous to the officer concerned. So far as the period from 3rd September 1939 to 1st April 1946 is concerned, the officer should be allowed, an option between the application of the one or other rule, subject to the limitation prescribed in the respective rules. If the war service is counted under rule 16, the whole of it will count, but if under Rule 17 only completed six monthly periods of service up to a maximum of 5 years; and in the later case the residue of war service cannot then be counted under Rule 16. The option should be based on the assumption that Government would give the maximum benefit permissible under Rule 16.(ii)If the entire military service including war service is dealt with under Rule 16, the whole of the gratuity received in lieu of pension (but not that portion given as a reward for war service) should be refunded by the officer concerned. If, however, the portion which was war service is dealt with under Rule 17 and the rest of the military service before or after war under rule 16 the amount of gratuity which the officer will refund in respect of the latter portion should bear the same proportion to the total amount of gratuity received in lieu of pension as the period dealt with under Rule 16 bear to the total period of military service including the period of war service.(iii)For the purposes of the above instructions, it is immaterial whether or not there was a break between the war service and the other military service.
