12. Conditions subject to which service qualifies.
(1)The service of a Government servant shall not qualify for pension unless his duties and pay are , regulated by the Government or under conditions determined by the Government.(2)For the purposes of sub-rule (1) the expression "service" means service under the Government and paid by the Government from the Consolidated Fund of the State, or a local fund administered by that Government but does not include service in a non-pensionable establishment unless such service is treated as qualifying service by that Government.(3)Temporary Central Government servants on deputation to the State, on getting absorbed under this Government will be allowed to count the period of continuous temporary service under the Central Government immediately preceding the service under this Government for purpose of pensionary benefits admissible under the rules of this Government. The pensionary liability will be shared between the Central and this Government on the basis of length of qualifying service rendered under each of them. This benefit will not be allowed to those who secure jobs under this Government on their own volition in response to advertisements or circulars including those by the Tamil Nadu Public Service Commission. -(4)[ (a) Temporary Central Government Servant who has been appointed under the State Government Service shall be allowed to count their qualifying service rendered under the Central Government Service for the grant of pension by the Government from where he eventually retires in the following two categories, namely:-(i)Person who having been retrenched from the service of the Central Government, secures employment under the State Government either with or without interruption of service from the date of retrenchment; and(ii)Person who while holding temporary post under the Central Government applies for the post under the State Government, through proper channel or with proper permission of the administrative authority concerned.(b)The pensionary liability will be shared between the Central and State Government on the basis of length of qualifying service rendered under the respective Government.][Provided that when a Government Servant retires on Or after the 15th April, 1987, the liability for pension including gratuity will be borne in full by the Central Government or the State Government under which the Government Servant is permanently absorbed at the time of retirement.] [Proviso to Rule 12(4) added - G.O.Ms.No.39, Finance (Pension) Department, dated 13-01-1995 with effect from 1st April 1987.](5)[ (a) Temporary Local Body employee or State Government servant who has been appointed under the State Government service or under any Local Body, as the case may be, shall be allowed to count his qualifying service rendered under the respective Local Body or the State Government service, as the case may be, for the grant of pension by the State Government or-Local Body from where he eventually retires in respect of the following two categories, namely(i)Person who having been retrenched from the service of the Local Body or State Government, secures employment under the State Government or Local Body, as the case may be, either with or without interruption of service from the date of retrenchment; and(ii)Person who, while holding temporary post under the State Government or Local Body applies for a post under any Local Body or State Government, as the case may be, through proper channel or with proper permission of the administrative authority concerned.(b)The pensionary liability shall be shared between the respective Local Body and the Government, as the case may be, on the basis of length of qualifying service rendered under each of them.Provided that when a person retires on or after the 1st April 1987, the liability for pension including gratuity shall be borne in full by the respective Local Body or the State Government, as the case may be, under which such person has been permanently absorbed at the time of retirement.] [Rule 12(5) and Proviso added - G.O.Ms.No.558, Finance (Pension) Department, dated 10-07-1995 with effect from 22nd July 1982]
