Section 17 in The M.P. Civil Services (Pension) Rules, 1976
17. Counting of pre-retirement civil service in the case of re-employed Government servants.
(1)A Government servant who, having retired on compensation pension or invalid pension or compensation gratuity or invalid gratuity, is re-employed and appointed 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 or refund the gratuity, including the death-cum-retirement gratuity, and pension intermediately drawn, if any, as the case may be, and count his previous service including the period between the date of retirement and re-employment,(c)In cases of allocated Government servant from former Vindhya Pradesh and Bhopal States who were discharged on account of retrenchment from Part 'C' States before 1-11-56 and have opted to count their previous service, only the period before such retirement (excluding period of un-employment) shall count towards pension with re-employed service on refund of gratuity/ death-cum-retirement gratuity and on ceasing to draw pension. Pension intermediately drawn in such cases shall not be required to be refunded. The amount of gratuity shall be refunded to the Government of India who will bear proportionate pensionary liability for the service prior to retrenchment.Note. - Clause (c) applies to the cases of those Government servants only who were re-employed and have refunded pensionary benefits, if any, before 14-7-1970.(2)(a)The authority issuing the order of appointment to a service or post as is referred to in sub-rule (1) shall along with such order require in writing the Government servant to exercise the option under sub-rule (1) within three months of the date of issue of such order, or if he is on leave on that day, within three months of his return from leave whichever is later and also bring to his notice the provision of clause (b).(b)If no option is exercised within the period referred to in clause (a), the Government servant shall be deemed to have opted for clause (a) of sub-rule (1).(3)In the cases of a Government servant who opts for clause (a) of sub-rule (1) the pension or gratuity admissible for his subsequent service is subject to the limitation, that service gratuity or the capital value of the pension and death-cum-retirement gratuity, if any, shall not be greater than the difference between the value of the pension and death-cum-retirement gratuity, if any, that would be admissible at the time of Government servant final retirement if two periods of service were combined and the value of retirement benefits already granted to him for the previous service.Note. - The capital value of pension shall be calculated in accordance with the Table prescribed under the [Madhya Pradesh Civil Services (Commutation of Pension) Rules, 1996] [Substituted by Notification No. B-25-10-95-PWC-IV, dated 21-8-1996 (w.e.f. 6-2-1995).] as applicable at the time of the second or final retirement.(4)(a)A Government servant who opts for clause (b) of sub-rule (1) shall be required to refund the gratuity received in respect of his earlier service, in monthly instalments not exceeding thirty-six in number, the first instalment beginning from the month following the month in which he exercised the option.(b)The right to count previous service as qualifying service shall not revive until the whole amount has been refunded.(5)In the case of a Government servant, who, having elected to refund the gratuity, dies before the entire amount is refunded, the amount of un-refunded gratuity shall be adjusted against the death-cum-retirement gratuity which may become payable to his nominee/legal heirs.
