Section 8 in All India Services (Death-Cum-Retirement Benefits) Rules, 1958
8. Qualifying service.
(1)Unless provided otherwise in these rules, qualifying service of a member of the Service for purposes of these Rules begins from the date of his substantive appointment to the Service:Provided that in the case of a member of the Service appointed initially on probation the period of probation shall also count as qualifying service.(2)Any period of service under the Central or a State Government rendered by a member of the Service prior to his appointment to the Service shall count as qualifying service under these rules to the extent to which such service would have counted as qualifying service for pension under the rules applicable to him prior to his appointment to the Service provided that the service is otherwise continuous.[Provided that temporary or officiating service, followed without interruption by confirmation in the same or another post, shall count in full as qualifying service except in respect of periods of temporary or officiating service in non-pensionable establishment.] [Substituted vide MHA Notification No. 29/7/60-AIS(II) dated 31.12.1962.]Explanation. - For the purposes of this rule-(1)Leave of any kind or suspension followed by reinstatement does not constitute a break.(2)Service under a State Government includes the service rendered before migration into India as a result of the partition in States which have since become part of Pakistan; breaks in service, if any, caused at the time of such migration due to reasons beyond the control of the member of the service may be condoned by the State Government but the period of break or breaks will be ignored in determining the total length of qualifying service.(2A)[ The period of service rendered under an autonomous body, wholly or substantially owned or controlled by the Central Government and taken over by it, by a member of the service who left the service of that body at any time prior to its take-over by the Central Government and who later on joined Government Service with or without break, shall count as qualifying service for pension under these rules to the extent and subject to the conditions under which such service is counted as qualifying service for pension under the Central Civil Service (Pension) Rules, 1972 or under any orders issued by the Central Government in this behalf.] [Inserted/Substituted vide Notification No. 25011/41/80-AIS(II) dated 15.5.81 (GSR No. 705 dated 1.8.81).](3)[- ] [Omitted vide MHA Notification No. 29/81/66-AIS(II)-A dated 20.6.68.](4)A member of the Service who rendered war/military service, before his appointment to an all India Service shall count that service as qualifying service to the extent to which such service is counted as qualifying for pensions under the Central Civil Services (Pension) Rules, 1972 or under any orders that might be issued by the Central Government in this behalf.(a)[ A member of the Service who, prior to his appointment to the Service, held a post in the General Administrative Reserve or a post under Government on a contract basis, shall have the option to count the period of his service in such post in full as qualifying for pension under these Rules. Provided that such service is otherwise continuous and that he did not draw inflated rates of pay by reason of the absence of retirement benefits.] [Substituted vide MHA Notification No. 29/7/60-AIS(II) dated 31.12.62.](b)The option under clause (a) shall be exercised within a period of three months from the 31st December, 1962 or within three months from the date of appointment to the Service, whichever is later. The option, once exercised; shall be treated as final.(c)Where a member of the Service exercises the option to count his previous service in the General Administrative Reserve or on contract basis, the amount of Government contributions with interest thereon standing to his credit in any contributory provident fund to which he might have been admitted shall be [surrendered] [Substituted vide DP &AR Notification No. 13/4/71-AIS(II) dated 11.1.72.] and credited to the consolidated funds of the Constituent States, in such proportion as may be prescribed by the Joint Cadre Authority) while the amount of his own subscriptions to that fund, if not already withdrawn, together with interest thereon, shall be transferred to his account in the All India Service Provident Fund.Provided that in a case where the Government contributions have already been paid to the member of the Service, he shall be required to refund them with interest from the date of payment to the date of final refund in a suitable number of instalments, to be prescribed by the State Government.(6)[ A member of the Service who prior to his appointment to the Service held a post under Government carrying contributory provident fund benefits shall have the option to count as qualifying service the whole of the period of his service in such a post during which he actually subscribed to the contributory provident fund.] [Substituted vide MHA Notification No. 29/7/60-AIS(II) dated 31.12.62.]The option under this sub-rule shall be exercised within a period of three months from the 31st December, 1962 or within three months of appointment to the Service, whichever is later. The option once exercised shall be final.Where a member of the Service exercises the option, the amount of Government contribution together with interest thereon standing to his credit in that fund shall be surrendered and [credited to the Consolidated fund of the State on whose cadre he is borne while the amount of his own subscriptions to that fund if not already withdrawn, together with interest thereon, shall be transferred to his account in the All India Services Provident Fund:] [Substituted vide DP &AR Notification No. 13/4/71-AIS(II) dated 11.1.72][Provided that in a case where the Government contributions have already been paid to the member of the Service, he shall be required to refund them with interest in a suitable number of installments to be prescribed by the State Government.] [Substituted vide MHA Notification No.29/7/60-AIS(II) dated 31.12.62.](7)Foreign service rendered by a member of the Service shall count as qualifying service provided that contributions towards the cost of retirement benefits of the member of the Service, at such rates as the Central Government may prescribe from time to time have been paid either by the foreign employer, or, failing that, by the member of the Service himself, in respect of the entire period of foreign service, unless the payment of contributions have been waived by Government.(8)'Authorised Joining Time' availed of by a member of the Service shall count as qualifying service.(8A)[ A member of the Service, who had participated in the national movement and who entered Government service by availing himself of the concession of relaxation of age in terms of the Ministry of Home Affairs office memoranda No. 15/21/48-Ests, dated the 29th November 1948 and No. 6/1/51-NGS, dated the 14th February, 1951 or corresponding orders, if any, issued by the State Government in this regard, shall be allowed to add to his qualifying service, only for superannuation pension purpose, a period not exceeding one-forth of the length of his service or the actual period by which his age at the time of recruitment exceeds 25 years, a period of 5 years, whichever is the least.] [Inserted vide DP&AR Notification No. 25011/21/76 AIS(II) dated 21.4.77 (GSR No.579 dated 21.4.77)](9)[ The qualifying service shall be calculated in six monthly periods. A fraction of less than three months shall not be taken into account and any period between three months and six months shall be treated as six monthly period in calculating the total qualifying service.] [Substituted vide DP&AR Notification No. 25011/9/83-AIS(II) dated 14.9.83 (GSR No. 712 dated 1.10.83)][Note - A member of the service who was not entitled to receive the Government's share of the contribution in the Contributory Provident Fund in respect of any service rendered prior to his appointment to the Service, on the ground that he did not put in the minimum period of service under the rules of the said Fund, shall be deemed to have opted for counting that service as qualifying for pension under sub-rules (5) or (6) of this rule. But the Government's contribution to the Contributory Provident Fund, together with interest accrued thereon shall be transferred to the accounts of the State on whose cadre he is borne and that State shall bear the pensionary liability for the said service.] [Added vide MHA Notification No.29/64/64-AIS(II) dated 13.08.1965]
