Section 61 in The Orissa Municipal Employees' Pension Rules, 1989
61.
(1)The initial pay on re-employment shall be fixed at the minimum of the prescribed pay scalp for the post in which an individual is re-employed.In cases where concerned Council considers that the fixation of initial pay of the re-employed employee at the minimum of the prescribed pay scale will cause undue hardship the pay may be fixed at the higher stage by allowing one increment for each year of service which the employee rendered before retirement in a post not lower than that in which he is re-employed with prior approval of the Director.Explanation. - Comparison of posts for the above-mentioned purpose should normally be on the basis of scale of pay but where such comparison results in hardship in individual cases, comparison may also be made with reference to the duties and responsibilities attached to the posts irrespective of scale of pay.(2)(a)In addition to the pay as fixed under Sub-rule (1), the employee may be permitted to draw separately any pension sanctioned to him and to retain any other form of retirement benefits for which he is eligible, such as, gratuity, commuted value of pension, provided that the total amount of initial pay as admissible under the said sub-rule plus the gross amount of pension, and/or the pension equivalent of other forms of retirement benefits does not exceed-(i)the pay he drew before his retirement, or(ii)Rs. 3,000 whichever is less.(b)In all cases where either of these limits is exceeded the pension and other retirement benefits may be paid in full and necessary adjustment may be made in the re-employment pay so as to ensure that total of the reemployment pay plus pensionary benefits is within the prescribed limit. In such cases, the re-employment pay may be fixed, below the minimum of the time-scale in which the employee is re-employed.Exception 1. - In case of posts for which persons with the requisite qualifications and experience are not available the restriction that initial pay on re-employment plus pension and/or pension equivalent of other retirement benefits should not exceed the last pay drawn, may be relaxed by the Director to the extent indicated below :(i)initial pay on re-employment plus gross pension and/or pension equivalent of other retirement benefits should not exceed the pay last drawn before retirement by more than rupees two hundred and fifty;(ii)the above concession will be admissible only where the employee has retired on a superannuation pension.Exception 2. - In case of persons retiring before attaining the age of 58 years where the pension plus pension equivalent of other retirement benefits do not exceed Rs. 50 per month the amount may be ignored for the purpose of fixation of pay under this rule.Explanation 1. - Pay last drawn before retirement means pay last drawn in terms of Rule 435 (ii) of the Orissa Municipal Rules, 1953. If the reemployed employee was on leave or on deputation at the time of retirement, his pre-retirement pay for the purpose of this rule shall be taken at what it would have been had he not been on leave or on deputation provided the Chairman certifies that he would have continued to hold the pest but for his proceeding on leave or on deputation.Explanation 2. - In this rule pension does not include family pension sanctioned under Chapter-VII.(3)In case where the minimum pay of the post in which the pensioner is re-employed is more than the pay last drawn before retirement, the employee concerned may be allowed the minimum of the prescribed pay scale of the post less pension and/or the pension equivalent of other forms of retirement benefits.(4)(a)Once the initial pay of a re-employed pensioner has been fixed he may be allowed to draw normal increments in the time-scale of the post to which he is appointed provided that the pay and gross pension and/or pension equivalent of the other retirement benefits taken together do not at any time exceed Rs. 3,000 per month. Where after the pay is fixed at the minimum or any higher stage, it is reduced below the minimum of any higher stage on account of adjustment under Clause (b) of Sub-rule (2) increase in pay may be allowed after each year of service at the rates of increments admissible as if the pay had been fixed at the minimum or the higher stage, as the case may be.(b)He may be allowed special pay over and above the pay fixed under these rules, if he was not in receipt of a special pay immediately prior to retirement or was drawing a special pay which has not been treated as preretirement pay, for the purpose of fixation of pay under this rule. In other cases, the special pay may not be granted except on special grounds. In all cases where a special pay is sanctioned to a re-employed pensioner the re-employment pay plus gross pensions and/or pension equivalent of other retirement benefits, if any, plus the special pay taken together shall not exceed the limits specified in Sub-rule (2). Where, a special pay is sanctioned as a percentage of the basic pay, the percentage will be calculated on the basis of the pay as fixed on re-employment.(5)A person who is re-employed while on refused leave, may, at his option, avail of the period of refused leave or part thereof concurrently with his re-employment but his re-employment pay, during the period of refused leave so availed of should be fixed under Sub-rules (1) and (2). The service rendered by him during refused leave shall count for increment subject to the provisions of Sub-rule (4).
