Section 16 in The Khadi And Village Industries Commission Employees (Pension) Regulations, 1984
16. Counting of per-retirement service under the Commission in the case of re-employed employee of the Commission.
(1)An employee of the Commission who, having retired on compensation pension or invalid pension or compensation gratuity or invalid gratuity, is re-employed and appointed substantively to a post under Commission to which these regulations 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(i)the pension already drawn,(ii)the value received for the commutation of a 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 under Commission 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 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 employee of the Commission was reduced on initial re-employment, and the expression 'which was not taken into account' shall be construed accordingly.(2)(a)The authority issuing the order of substantive appointment to a post under Commission as referred to in sub-regulation (1) shall alongwith such order require in writing the employee of the Commission to exercise the option under that sub-regulation within three months of the date of issue of such order, or if he is on leave on that day, within 3 months of his return from leave, whichever is later and also bring to his notice the provisions of clause (b).(b)If no option is exercised within the period referred to in clause (a), the employee of the Commission shall be deemed to have opted for clause (a) of sub-regulation (1).(3)In the case of an employee of the Commission who opts for clause (a) of sub-regulation (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 the death-cum-retirement gratuity, if any, that would be admissible at the time of the employee's final retirement if the 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 of communication value applicable at the time of the second or final retirement and as determined in accordance with Regulation 86.(4)(a)An employee of the Commission who opts for clause (b) of sub-regulation (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 an employee of the Commission 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 family.
