Section 61(2) in The Orissa Municipal Employees' Pension Rules, 1989
(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.
