16. Counting of military service rendered before civil employment.
(1)A Government servant who is re-employed in a civil service or post before attaining the age of superannuation and who, before such re-employment, had rendered military service after attaining the age of eighteen years, may opt either -(a)to continue to draw the military pension or retain gratuity received on discharge from military service, in which case his former military service shall not count as qualifying service; or(b)to cease to draw his pension and refund -(i)the pension already drawn, and(ii)the value received for the commutation of a part of military pension, and(iii)the amount of death-cum-retirement gratuity including service gratuity, [if any along with interest at the rate of six per cent from the date of rejoining by such Government Servant in the Civil Service or post] [Rule 16(1)(b)(iii) for the expression 'if any' substituted -G.O.Ms.No.845, Finance (Pension) Department, dated 07-11-1995 with effect from 12th February 1995.], and count previous military service as qualifying service, in which case the service as allowed to count shall be restricted to a service within or outside the employee's unit or department in India or elsewhere, which is paid from the Consolidated Fund of India or for which pensionary contribution has been received by the Government:Provided that -(i)the pension drawn prior to the date or 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 pay of pension if any, which was taken into account for fixation of 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 pension equivalent of gratuity by which the pay of the Government servant was reduced on initial re-employment and the expression "which was not taken into account shall be construed accordingly."(2)[ (a) A Government servant who is re-employed in a civil service or post, as referred to in sub-rule (1), shall be allowed to exercise the option under that sub-rule within a period of one year from the date of joining of such Government servant in the civil service or post.Provided that a re-employed military personnel in the civil service or post prior to the 13th February 1995 shall also be allowed to exercise option under sub-rule (1) within a period of six months from the date of the 13th February 1995 for counting his military service as qualifying service along with civil service or post subject to the provisions of clause (a) of sub-rule (3).] [Rule 16(2)(a) substituted and Proviso added - G.O.Ms.No,S45, Finance (Pension) Department, dated 07-11-19951995 with effect from 13th February 1995.](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)[ (a) A Government servant who opts for clause (b) of sub-rule (1) shall be required to refund the amount of pension or gratuity, if any, received in respect of his earlier military service along with interest at the rate of six per cent from the date of rejoining by such Government servant in the civil service or post 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.] [Rule 16(3)(a) substituted - G.O.Ms.No.845, Finance (Pension) Department, dated 07-11-1995 with effect from 13th February 1995.](b)The right to count previous service as qualifying service shall not revive until the whole amount has been refunded.(4)In the case of Government servant who, having elected to refund the pension or gratuity, dies before the entire amount is refunded, the unrefunded amount of pension or gratuity shall be adjusted against the death-cum-retirement gratuity which may become payable to his family.(5)When an order is passed under this rule allowing previous military service to count as part of the service qualifying for civil pension, .tha order shall be deemed to include the condemnation of interruption in service, if any, in the military service and between the military and civil service. -(1)In future the previous military service of ex-soldiers employed in the Civil Department should be verified by reference to the Defence Accounts Department as the responsibility for the verification of such service devolves on that department instead of either from the information contained in the discharge certificates of exsoldiers or by reference to the officer-in-charge of the Regimental records of the Regimental district concerned.(2)Head of Departments and other officers responsible for the record of service of ex-military men subsequently absorbed in civil employments under them should evolve that pay particulars of such men are obtained from the Audit Officers of the Defence Department concerned, i.e., Controller of Defence Accounts, or Field Controller of Defence Accounts as and when they are entertained in civil employment. On no account should references to the military authorizes be postponed till the individuals retire from the civil employment, since the records connected with such matters will be preserved only for a period of 12 years and no reply can be furnished by them for want of pay particulars.
