Section 18 in The M.P. Civil Services (Pension) Rules, 1976
18. Counting of military service rendered before civil employment.
(1)A Government servant who is re-employed in a civil service or post before attaining the age of superannuation and who, before such re-employment, had rendered regular military service after attaining the age of eighteen years, may, on his appointment in a civil service or post, opt either:-(a)to continue to draw the military pension or retain gratuity received on discharge from military service, in which case his former military service shall not count as qualifying service; or(b)[ to cease to draw his pension or, refund the gratuity including death-cum-retirement gratuity, if any, and account the 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 employee's 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 of India and the pension intermediately drawn shall not be required to be refunded but the element of pension which was not taken into account for fixation of pay on re-employment shall be refunded to the Defence Department of the Government of India] [Substituted by Notification No. FB-6-1-77-N-II-IV, dated 28-9-1977 (w.e.f. 1-6-1976).].(2)(a)The authority issuing order of substantive appointment to a civil service or post as is referred to in sub-rule (1) shall along with such order require in writing the Government servant to exercise the option under that sub-rule within three months of the date of issue of such order, if he is on leave on that day, within three months of his return from leave, whichever is later and also bring to his notice the provisions of clause (b).Note. - The case of persons who were in pensionable civil service on 7-7-69 and applied for counting of their Army Service for purpose of civil pension before 7-10-69 may also be considered under this rule.(b)If no option is exercised within the period referred to in clause (a), the Government servant shall be deemed to have opted for clause (a) of sub-rule (1).(3)(a)A Government servant who opts for clause (b) of sub-rule (1) shall be required to refund the pension or gratuity received in respect of his earlier military service, in monthly instalments not exceeding thirty-six in number, the first instalment beginning from the month following the month in which he exercised the 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 of a Government-servant who, having elected to refund the pension 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 his family.(5)When an order is passed under this rule by the Government allowing previous regular 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 civil service, but the period of interruption shall not qualify for civil pension.
