Section 18 in Rajasthan Civil Services (Pension) Rules, 1996
18. Counting of pre-retirement civil service in the case of re-employed Government servants.
(1)A Government servant who, having retired on compensation pension or invalid pension or compensation gratuity or invalid gratuity, is re-employed and appointed substantively to a service or post to which these rules apply, may exercise option either -(a)to continue to draw the pension or retain the gratuity sanctioned for his earlier service, in which case his former service shall not count as qualifying service, or(b)to cease to draw his pension and refund -(i)the pension already drawn,(ii)the value received for the commutation of a part of pension, and(iii)the amount of retirement gratuity including service gratuity, if any, and count the previous service as qualifying service:Provided that -(i)the pension drawn prior to the date of 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 shall be refunded by him,(iii)the element of commuted part of pension, if any, which was taken in to account for fixation of his pay shall be set off against the amount of 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 by which pay of the Government servant was reduced on initial re-employment, and the expression "which was not taken into account" shall be construed accordingly.(2)(a)The authority issuing the order of substantive appointment to a 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, or 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).(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)In the case of a Government servant who opts for clause (a) of sub rule (1), the pension or gratuity admissible for his subsequent service is subject to the limitation, that service gratuity, or the capital value of pension and retirement gratuity, if any, shall not be greater than the difference between the value of pension and retirement gratuity, if any, that would be admissible at the time of the Government servant's final retirement if the two periods of service were combined and the value of retirement benefits already granted to him for the previous service.Note. - The capital value of pension shall be calculated in accordance with the table prescribed by the Government under the Rajasthan Civil Services Pension (Commutation) Rules applicable at the time of second or final retirement.(4)(a)A Government servant who opts for clause (b) of sub rule (1) shall be required to refund the gratuity received in respect of his earlier 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.(5)In the case of a Government servant, who, having elected to refund the gratuity, dies before the entire amount is refunded, the amount of un-refunded gratuity shall be adjusted against the death gratuity which may become payable to his family.Government of Rajasthan's DecisionThe provisions of above rule shall also be applicable in case of :-(i)Persons appointed as probationers against permanent posts,(ii)Persons recruited through Rajasthan Public Service Commission for appointment on temporary posts within their purview,(iii)Persons recruited strictly in accordance with Service Rules in case of temporary posts outside the purview of the Rajasthan Public Service Commission.Action under sub rule (2) (a) shall be taken by the appointing authority simultaneously with the appointment order.
