Dear Sir,
No. I did not surrender my pension and gratuity from defence side while joining in Central Govt..
For more clarity I am , an extract of Rule 18 is appended below : (Note)
3. Re-employed Government servants, who in respect of the second spell of their service have rendered 20 (now 10) years' temporary service before attaining the age of superannuation or who expect to complete 20 (now 10) years' service at the time of attaining the age of superannuation, shall be eligible to exercise option under sub-rule (1) of Rule 18 of the CCS (Pension) Rules, 1972. If such a Government servant after exercising the option but before attaining the age of superannuation, ceases to be in service for any reason, the option exercised shall be treated as null and void. If the Government servant concerned opts for the alternative (a) of sub-rule (1) of Rule 18 ibid, i.e., to continue to draw the pension (or to retain the gratuity) sanctioned for his earlier service, he shall continue to draw pension for the earlier service in addition to the pension earned for the second spell of service. If he opts for the alternative (b) of sub-rule (1) of Rule 18 ibid, i.e., to cease to draw the pension or refund the gratuity, including the retirement gratuity, if any, as the case may be, and to opt to count the previous service as qualifying service, he will draw only one pension based on the sum total of his previous qualifying service and the subsequent spell of service. The amount of pension including gratuity, if any, to be refunded by the Government servant, shall be determined by the Head of Office in accordance with the provisions of Clause (b) of sub-rule (1) of Rule 18 of the CCS (Pension) Rules, 1972.
4. The option referred to in the preceding paragraph may be exercised at the time of completing the application for pension in the form prescribed for the purpose (Form 5), i.e., about eight months prior to attaining the age of superannuation. if no option is exercised within the aforesaid period, the Government servant concerned shall be deemed to have opted for the alternative (a) of sub-rule (1) of Rule 18 of the CCS (Pension) Rules, 1972, in which case he will draw pensions for both spells of service separately.
5. The provisions of paragraphs 2, 3 and 4 above shall also apply to a military pensioner who is re-employed in a civil service or civil post and completes not less than 20 (now 10) years' temporary service before attaining the age of superannuation. Such a pensioner will exercise option under Rule 19 of the CCS (Pension) Rules, 1972, in the right of the position stated in paragraphs 2,3 and 4 above.
[G.I., Dept. of Per. & A.R., O.M. No. 38/5/81-Pension Unit, dated the 5th March, 1982.]
I would request all the Senior Legal Officers to kindly advise me whether I am eligible for pension as per Rule 18 and 19 of pension rules 1972.
Thanks and Regards,
PSP