(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 - [Rule 15.(1)(b) substituted and Proviso with Explanation added - G.O.Ms.No.246, Finance (BG-1IJ) Department, dated 19-4-1982.](i)the pension already drawn, and(ii)the value received for the commutation of part of pension, and(iii)the amount of death-cum-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 on re-employment shall be refunded by him;(iii)the element of pension equivalent of gratuity including the element of commuted part of pension, if any, which was taken into account for fixation of his 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 the pension equivalent of gratuity 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.] [Rule 12(4) added - G.O.Ms.No.38, Finance (Pension) Department, dated 13-01-1995 with effect from 22nd July 1982.]
