44. Regulation of pay in case of re-employed Government pensioner.
(1)The authority Competent to fix the pay and allowances of the Post in which a pensioner is re-employed shall determine whether the pension shall be held wholly or partly in abeyance. If pension is drawn wholly or in part, such authority shall take the amount of such pension into account in fixing the pay to be allowed to him.Explanation. - Where the employment is in a service paid from local fund, the authority determining whether the pension shall be wholly or partly held in abeyance shall be either:-(i)the authority administering the local fund, if so empowered by the Government by special or general orders in this behalf; or(ii)in any other case, the Government or such other authority as the Government may prescribe.Note. - Rules relating to the re-employment of superannuation of retiring pensioners do not apply to post in hereditary village officers.(2)No retired personnel should be re-employed without specific orders of Government.(3)Sub-rule (2) shall not apply to the re-employment in posts bome on the contingent establishment but it will apply to re-employment in posts bome on the work charged establishment. The principles governing the fixation of pay laid down in sub-rule (4) will, however, apply to re-employment in posts borne on contingent establishment as well as work charged establishment. In cases where the post of reemployment carries a fixed pay, that fixed pay will be taken as "the maximum of the post" referred to in sub-rule (4). In the cases of re-employment in posts paid from contingencies and of unskilled labourers where the pension exceeds the pay (proper) of the post, the re-employed person may, at the discretion of the appointing authority, be permitted to receive in addition to the pay of the post, a portion of their pension not exceeding half. They may also be allowed dearness allowance calculated on the total of the pension drawn and the pay on re-employment and other allowances attached to the post but not the temporary, increase in pension, which will be held in abeyance during the period of the re-employment.(4)(i)The general principle governing the fixation of pay of a re-employed pensioner in the same or similar post is to allow him to draw his pension in full and in addition such pay as will bring his total emoluments up to the rate of pay drawn by him on the date of his retirement.(ii)In the cases of re-employment in a higher post where the minimum pay of the post is more than the pay last drawn the pensioner may be allowed to minimum pay of the post, less pension and pension equivalent of other retirement benefits.(iii)In the case, however, of a pensioner re-employed in a lower post, his pay plus pension during re-employment should be limited to the pay drawn by him at the time of retirement or to the maximum of the post in which he is re-employed whichever is less.(iv)A re-employed pensioner may in addition, be allowed to draw the special pay attached to the post in which he is re-employed.(v)Technical personnel who are re-employed in the Survey Department may be allowed the basic initial pay of the posts to which they are appointed in addition to their pension.(vi)[ Normal increments shall be sanctioned to the Government pensioners who are re-employed in the time scale of pay of the post to which he is appointed as if the pay had been fixed at the minimum or the higher stage, as the case may be (i.e. before an adjustment on account of pension and pension equivalent of other retirement benefits is made) subject to the condition that the pay and gross pension or pension equivalent of other retirement benefits taken together do not at any time exceed Rs.26,000/- per month.] [Rule 44(4)(vi) added - G.O.Ms,No.604, Finance (Pension) Department, dated03-12-2003.](5)In the case of persons who retire on gratuity under the Tamil Nadu Retiring and Invalid Gratuities (Non-Pensionable Establishment) Rules, 1941, the gratuity rules relating to Public Works, Work Shops, the Transport Department, etc., and are re-employed in posts the basic pay of which does not exceed Rs.80 per mensem, no deduction need be made from the pay on re-employment on account of the gratuity admissible to them. They will be allowed during re-employment the pay normally admissible to them without taking into consideration the fact of their having received a gratuity for their service prior to re-employment. The gratuity will be recovered if the subsequent service along with the previous services is to be reckoned for gratuity. The pension equivalent of the gratuity will, however, be taken into account in the case of others, i.e. in the case of those who retire on gratuity under the Tamil Nadu Retiring and Invalid Gratuities (Non-pensionable Establishment) Rules, 1941, the gratuity rules relating to public works, workshops, the Transport Department, etc and are re-employed in posts the basic pay of which exceeds Rs.80 per mensem, their pay on re-employment will be such as together with the pension equivalent of the gratuity (calculated by adopting the table of commuted value of civil pensions) will not exceed the pay last drawn by them while in services of the maximum of the post of re-employment, whichever is less. The term "Basic" pay used above should, in the case of posts carrying time scales of pay be taken as the actual as the pay allowed to the re-employed Government servant (before deduction of the pension equivalent).(6)When a Government servant governed by the Contributory Provident Fund is re-employed in the same or a similar post, his pay will be so fixed that such pay together with the pension equivalent of the Government contribution and interest thereon credited to his provident fund shall not exceed the pay last drawn by him before retirement the pension equivalent being calculated by adopting the table of commuted value of civil pensions. In the case of pensioners, who are borne on the Contributory Provident Fund cum Pension System, the pay on re-employment will be reduced not only by the pension admissible to them but also by the pension equivalent of the Government contribution and interest thereon credited to their provident fund in lieu of half the regular pension.(7)In the case of those retired from the service of the Corporation of Madias and re-employed under Government in the Medical and Public Health Departments, the pay on re-employment will be such as together with their pension, pension equivalent of the gratuity pension equivalent of the contributions with interest therein credited to their provident fund will not exceed (he pay last drawn by them or the maximum of the post of re-employment whichever is less. Those who retired from the service of other local funds will on re-employment under Government in the Medical and Public Health Departments be allowed the minimum of the scale of post of re-employment according to their qualification in addition to any retirement benefit admissible to than from the local fund.The Universities of die Tamil Nadu State are not "Local Funds" within the meaning of the rules.A retired Government servant appointed as the Vice-Chancellor of a University in the Tamil Nadu State may continue to draw his full pension in addition to his salary as Vice-Chancellor.
