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State of Odisha - Section

Section 43 in The Orissa Municipal Employees' Pension Rules, 1989

43.

(1)The term "pay" means the pay which the employee was receiving immediately before his retirement within the meaning of Clause (t) of Rule 2 and includes additional pay grants under Rule 96 of the Orissa Service Code :Provided that in case of employees who retired on or after 30th September, 1977 it shall include such amount of Dearness Pay as determined by the order of Government from time to time.
(2)The term "average" pay means the average calculated upon the last ten months of service subject to the provisions of Sub-rules (3) and (4).
(3)If, during the last ten months of service, an employee has been absented himself from duty on leave with allowances or having been suspended has been reinstated without forfeiture of service, his pay for the purpose of ascertaining the average shall be taken what they would have been, had he not been absent from duty or suspended; provided that an increment failing due during such leave shall be taken into account where it is certified by the competent authority that the employee would have continued to hold the post but for his proceeding on leave.
(4)If, during the last ten months of his service, an employee has been absented himself from duty on leave without allowances or suspended under such circumstances that the period of suspension does not amount as service, the periods so passed are to be disregarded in the calculation of the average, an equal period before ten months being included.
(5)The following allowances are not treated as pay for the purpose of pension :