Section 38 in Rajasthan Civil Services (Pension) Rules, 1996
38. Compensation Pension.
(1)If a Government servant is selected for discharge owing to the abolition of his permanent post, he shall, unless he is appointed to another post the conditions of which are deemed by the authority competent to discharge him to be at least equal of those of his own, have the option -(a)of taking any compensation pension or gratuity to which he may be entitled for the service he had rendered, or(b)of accepting another appointment on such pay as may be offered and continuing to count his previous service for pension.(2)(a)Notice of at least three months shall be given to a Government servant in permanent employment before his services are dispensed with on the abolition of his permanent post.(b)Where notice of at least three months is not given and the Government servant has not been provided with other employment on the date on which his services are dispensed with, the authority competent to dispense with his services may sanction the payment of a sum not exceeding the pay and allowances for the period by which the notice actually given to him falls short of three months.(c)No compensation pension shall be payable for the period in respect of which he receives his pay and allowances in lieu of notice.(3)In case a Government servant is granted pay and allowances for the period by which the notice given to him falls short of three months and he is re-employed before the expiry of the period for which he has received pay and allowances he shall refund the pay and allowances so received for the period following his re-employment.(4)If a Government servant who is entitled to compensation pension accepts instead another appointment under the Government and subsequently becomes entitled to receive a pension of any class, the amount of such pension shall not be less than the compensation pension which he could have claimed if he had not accepted the appointment.Notes. - 1. If a Government servant is transferred to a non-qualifying appointment in the interest of public service and under the orders of a competent authority, he is entitled to a compensation pension if discharged on abolition of that non-qualifying appointment.
