(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 military service after attaining the age of eighteen years, may 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 and refund -(i)the pension already drawn, and(ii)the value received for the commutation of a part of military pension, and(iii)the amount of death-cum-retirement gratuity including service gratuity, [if any along with interest at the rate of six per cent from the date of rejoining by such Government Servant in the Civil Service or post] [Rule 16(1)(b)(iii) for the expression 'if any' substituted -G.O.Ms.No.845, Finance (Pension) Department, dated 07-11-1995 with effect from 12th February 1995.], and count previous military service as qualifying service, in which case the service as 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:Provided that -(i)the pension drawn prior to the date or re-employment shall not be required to be refunded;(ii)the element of pension which was ignored for fixation of his pay including the element of pension which was not taken into account for fixation of pay on re-employment shall be refunded by him;(iii)the element of pension equivalent of gratuity including the element of commuted pay of pension if any, which was taken into account for fixation of pay shall be set off against the amount of death-cum-retirement gratuity and the commuted value of pension and the balance, if any, shall be refunded by him.Explanation. - In this clause, the expression 'which was taken into account' means the amount of pension including pension equivalent of gratuity by which the pay of the Government servant was reduced on initial re-employment and the expression "which was not taken into account shall be construed accordingly."
