KCSR-chpter-XX "Remployment of Pentioner"

ವಿ.ಸೂ : ಇಲ್ಲಿ ಪಡೆಯುವ ಮಾಹಿತಿಗೆ ನೀವು ಲಂಚ ಕೊಡಬೇಕಾಗಿಲ್ಲ. ಕೊನೇಪಕ್ಷ ಕಾಮೆಂಟ್ /ಸಲಹೆ /ರೇಟಿಂಗ್  ಕೊಡೊ ಸೌಜನ್ಯವನ್ನಾದರೂ ತೋರಿಸಿ. ಈ ಮಾಹಿತಿ ಉಪಯುಕ್ತವೇ ಎಂಬ ಬಗ್ಗೆ ಲೇಖನದ ಕೊನೆಯಲ್ಲಿರುವ ಚೆಕ್ ಬಾಕ್ಷ್ ನಲ್ಲಿ ಕ್ಲಿಕ್ ಮಾಡಿ) Karnataka Journal of Pulic Administartion  ಕರ್ನಾಟಕ ಆಡಳಿತ ದರ್ಪಣ


CHAPTER XX
RE-EMPLOYMENT OF PENSIONERS
SECTION II - GENERAL RULES
303.(a) No Government servant may retire with the view ofbeing re-employed, and drawing pension in addition to pay, whether in Government service or in the service of any Local Fund.
(b) When a person who was formerly in Government employ is re-employed, whether temporarily or permanently in Government service or in the service of a Local Authority, it shall be incumbent on him to declare the amount of any gratuity, bonus or pension received by him on retirement. The authority re-appointing him shall ‘specifically state in the order of reappointment whether any deduction is to be made from pension or salary as required by the rules of this Chapter and shall communicate a copy of the order to the Audit Officer.
Note - 1. The principle of this Rule applies in the case ofcontinued employment on retirement from Government service. The amount of the pension to be declared is that sanctioned originally i.e., it shall be inclusive of any amount that may have been commuted.
Note-2. The above provisions shall also apply to persons who were formerly in the Civil or Military employment of theGovernment of India or any State Government and re-employed in Karnataka State Service after retirement.
1[304(1) If a pensioner who, immediately before his retirement was a gazetted Government servant, wishes to accept any commercial employment before the expiry of two years from the date of his retirement, he shall obtain the previous sanction ofthe Government to such acceptance.]
Provided that a Government servant who was permitted by the Government to take up a particular form of commercial employment during his leave preparatory to retirement or during refused leave shall not be required to obtain subsequent permission for his continuance in such employment after retirement.
(2) subject to the provisions of sub-rule (3), the Governmentmay, by order in writing, on an application in the form annexed to this rule made by a pensioner, grant, subject to such conditions, if any, as it may deem necessary; permission or refuse, for reasons to be recorded in the order permission, to
1. Substituted by No. FD 14 SRS 77 dated 22-3- 1979 (wef 5-4-1979). such pensioner to take up the commercial employment specified inthe application.
(3) In granting or refusing permission under sub-rule (2) toa pensioner for taking up any commercial employment, theGovernment shall have regard to the following factors namely;
(a) In nature of the employment proposed to be taken upand the antecedents of the employer;
(b) Whether his duties in the employment which heproposes to take up might be such as to bring him into conflict withGovernment;
(c) Whether the pensioner while in service had any suchdealing with the employer under whom he proposes to seekemployment as might afford a reasonable basis for the suspicionthat such pensioner had shown favours to such employer;
(d) Whether the duties of the commercial employmentproposed involve liaison or contract work with Governmentdepartments;
(e) Whether his commercial duties will be such that hisprevious official position or knowledge or experience underGovernment could be used to give the proposed employer an unfairadvantage;
(f) the emoluments offered by the proposed employer; and
(g) any other relevant factor.
(4) Where the Government grants the permission appliedfor subject to any conditions or refuses such permission, theapplicant may, within thirty days of the receipt of the order of theGovernment to that effect, make a representation against any suchconditions or refusal and the Government may make such ordersthereon as it deems fit;
Provided that no order other than an order cancelling ormodifying such condition or granting such permission without anyconditions shall be made under this sub-rule without giving thepensioner making the representation an opportunity to show causeagainst the order proposed to be made.
(5) If any pensioner takes up any commercial employmentat anytime before the expiry of two years from the dateof his retirement without the prior permission of theGovernment or commits a breach of any condition subject to which permission to take up any commercial employment has been granted to him under this rule, it shall be competent for the Government to declare by order in writing and for reasons to be recorded therein that he shall not be entitled to the whole or such part of the pension and for such period as may be specified in the order;
Provided that no such order shall be made without giving the pensioner concerned an opportunity of showing cause against such declaration:
Provided further that in making any order under this sub-rule, the Government shall have regard to the following factors, namely:-
(i) the financial circumstances of the pensioner concerned,.
(ii) the nature of, and the emoluments from, the commercialemployment taken up by the pensioner concerned; and
(iii) any other relevant factor.
(6) Every order passed by the Government under this ruleshall be communicated to the pensioner concerned.
(7) In this rules:-
(a) the expression ‘commercial employment’ means:-
(i) an employment in any capacity including that of an agent,under a company, co-operative society, firm or individual engaged in trading, commercial, industrial, financial or professional business and includes also a directorship of such company and partnership of such firm but does not include employment under a body corporate, wholly or substantially owned or controlled by the Government.
(ii) setting up practice either independently or as a partnerof a firm, as adviser or consultant in matters in respect of which the pensioner-
(A) has no professional qualifications and the matters Inrespect of which the practice is to be set up or carried on, are relatable to his official knowledge or experience, or
(B) has professional qualifications but the matters in respectof which such practice is to be set up as are likely to give his clients an unfair advantage by reason of his previous official position, or
(iii) has to under take work involving liaison or contact withthe offices or officers of the Government: .
Explanation:- For the purposes of this clause ‘employment under a co-operative society’ includes the holding of any office, whether elective or otherwise, such as that of President. Chairman, Manager, Secretary, Treasurer and the like, by whatever name called in such society.
(b) the expression ‘date of retirement’, in relation to aGovernment servant re-employed after retirement, without any break, either in the same or in another Class I or Class II post under the Government or in any other equivalent post under any other State Government or Central Government, means the date on which such Government servant finally ceases to be so reemployed in Government service.
ANNEXURE
Form of Application for Permission to accept Commercial Employment within a Period of two years after retirement.
1. Name of the officer (in block letters)
2. Date of retirement.
3. Particulars of the Department/Offices in which the officer served during the last five years preceding retirement (with duration)

Name of
Post held
Duration
Department/Office




From
To




4.Post held at the time of retirement and period for which held.
5.Pay scale of the post and the pay drawn by the officer at the time of retirement.
6.Pensionary benefits.
Pension sanctioned (Commutation, if Gratuity, if any
any should be mentioned)


7. Details regarding commercial employment proposed tobe taken up:
(a) Name of the Firm/Company/Co-operative Society, etc.
(b) Whether the official had during his official career, any dealings with the firm/etc.
(c) Duration and nature of the official dealings with the firm.
(d) Name of job/post offered,
(e) Whether post was advertised, if not how was offer made.
(f) Description of the duties of the job/post.
(g) Does it involve liaison/contact work with Governmentdepartments.
(h) Remuneration offered for post/job.
8. Any information which the applicant desires to furnish insupport of his request.
Station: Date: Signature of the Officer.
305. (a) Employment under a Government outside the State after retirement:- A. pensioner who wishes to accept any employment under a Government outside the State, should obtain the prior sanction of Government. No pension shall be payable to a pensioner who accepts such an employment without the previous sanction of Government in respect of any period for which he is so employed or such longer period as Government may direct.
(b) A Government servant permitted to take up a particularform of employment under a Government outside the State during his leave preparatory to retirement, shall not be required to obtain subsequent permission for his continuance in such employment after retirement.
(c) The term ‘employment under a Government outside the State’ shall include employment under any Government other than the Government of Karnataka or under a Local Authority or Corporation or any other Institution or organisation which functions under the supervision or control of a Government outside the State, 1[though such employment is at a place situated within the State.]
1. Inserted by No. FD 17 SRS 76 dated 12-1-1979 (wef 25-1-1979).
(d) The following certificate shall invariably be furnished Inthe Pension voucher form by all Pensioners who Immediately before retirement were holding appointments under Government:
“I declare that I have not accepted any employment under a Government outside the State.”
OR
“I declare that I have accepted employment under Government outside the State after obtaining the previous sanction of Government.”
306. The attention of every Government servant who is employed should be especially called to the provisions of this Chapter by the authority re-employing him, and whenever he becomes aware of such an appointment, by the Audit Officer: but the failure of such authority to do this will not be admitted as a ground for condoning any breach of the Rules contained in this Chapter.
307. A Government servant who has obtained a compensation gratuity, if re-employed in qualifying service, may either retain his gratuity in which case his former service will not count for future pension, or refund it and count his former service.
308. The intention to refund must be stated immediately on re-employment; but the refund may be made by monthly instalments of not less than one-third of the Government servants’ Pay and also not less than the whole gratuity divided by the number of months which have elapsed since the end of the service for which the gratuity was given. The right to count previous service does not revive till the whole amount is refunded.
309.(a) A Government servant who has obtained compensation pension, if re-employed, may retain his pension in addition to his pay, provided that, if he is re-employed in a Government establishment or in an establishment paid from a Local Fund, the Pension shall remain wholly or partly in abeyance, if the sum total of the pension and the pay on re-employment exceeds the pay in the appointment on abolition of which the pension was given
Note -1. Once the amount of pension has been fixed in conformity with the above condition, the Government servant shall be entitled to receive the benefits of increments in his new
scale or promotion to another scale or post without a further corresponding reduction in pension nor shall the amount of pension so fixed be varied during leave.
Note -2. When a Government servant not holding a substantive post is retrenched owing to reduction of establishment, he shall, on re-appointment, be started at the minimum of the grade pay of the post to which he is appointed. He will however count the previous service rendered as a regularly appointed candidate.
(b) If his re-employment is in qualifying service he may eitherretain his pension (subject to the proviso above stated), in which case his former service will not count for future pension or cease to draw any part of his pension and count his previous service. Pension immediately drawn need not be refunded.
Note - A Government servant counts his previous service under clause (b), if on re-employment his pension remains wholly in abeyance under the proviso to clause (a).
310. In the case of a section-writer or press servant who is re-employed, the pay of the appointment abolished is taken at the average earnings of the last six months of employment.
311. If a Government servant does not, within three months from the date of his re-employment, exercise the option conceded by Rule 309 of ceasing to draw pension and counting his former service, he may not thereafter do so without the permission of Government.
312. There is no bar to the re-employment of a Government servant who has regained health after obtaining invalid pension, or if a Government servant is invalidated as being incapacitated for employment in a particular branch of the service to his reemployment in some other branch of the service. The rule in such a case as to refunding gratuity, drawing pension, and counting service, is the same as in the case of re-employment after Compensation pension.
313.1[(a) Pensioners in receipt of superannuation or retiring pensions shall not ordinarily be re-employed in service paid from the Consolidated Fund of the State or a Local Fund. In case of necessity, which should be on strong public grounds, such pensioners may be re-employed or the term of their re-emloyment extended with the sanction of Government in each
1. Amended by No. FD 3 SRS 62 dated 10-1-1962.
case. Government may delegate this power to the Major Heads ofDepartments specified in Appendix I, subject to such conditions asthey may deem fit.]
(b) The pay to be allowed on re-employment is subject tothe following conditions all of which must be satisfied:-
(i) Pay on re-employment plus pension (including pensionequivalent of death-cum-retirement gratuity or gratuity in lieu ofpension) should not exceed the substantive pay in a permanentpost but not pay in a temporary post drawn before retirement or theofficiating pay in cases where the[officiating post has been heldfor not less than one year immediately prior to retirement.
3[Note - 1 The personal pay granted during the fixation ofinitial pay on or after 1st January 1957, in the new scales of payand on account of the grant of stagnation increments thereaftershould be treated as forming part of the substantive or officiating pay, as the case may be, of the Government servant concerned forthe purpose of this sub-clause. The condition prescribed in subclause (iii) of this Rule should also be deemed to have been relaxedin such cases]
4[Note -2 In the case of re-employed pensioners retiredprior to 1st January, 1961, the pay drawn before retirement shall,for the purpose of this Rule, include a portion of the DearnessAllowances drawn by them prior to retirement not exceeding theamount noted below.
Portion of
Dearness
Allowance
counting as
part of pay
Rs.
1. When the Basic pay last drawn did not exceed Rs.80 25
2. When it exceeded Rs.80 but did not exceed Rs. l00 30
3. do 100 do 150 35
4. do 150 do 250 40
5. do 250 do 300 45
6. do 300 do 500 50
7. do 500 do 800 55
8. do 800 do 854 54 to Rs. 1 (that is on amount which with the basic Pay would make up Rs. 855)
1. Amended by No. FD 64 SRS 61 dated 17-11-1962.
2. Substituted by No. FD 78 SRS 66 dated 29-12-1966.
3. Inserted by No. FD 144 SRS 60 dated 29-4-1961. (wef 29-4-1961).
4. Inserted by No. FD 17 SRS 62 dated 28-3-1962. (wef 1-1-1961).
1[Note - 3. In the case of a Government Servant who has officiated continuously in more than one post in different grades immediately prior to his retirement, the pay which he would have drawn in the post which would have been held by him for more than a year but for his promotion to a higher post or posts shall be taken as officiating pay for determining the pay admissible on reemployment.]
2 [Note - 4. In the case of persons retiring from service before attaining the age of 55 years and re-employed under the State Government on or after Ist July 1964, the pension as shown below shall be ignored in following their pay on re-employment;
(a) In the case of pension not exceeding Rs. 50 permensem, the actual pension;
(b) In other cases, the first Rs. 3[125] of the pension.
In the case of persons who were re-employed prior to 1st July 1964 but continued on re-employment on 1st July 1964. pay may be fixed on 1st July 1964 on the basis of these provisions as if they have been re-employed for the first time from Ist July 1964.]
4[Note - 5. In the cases of Government servants who retired on or after 1st November 1968 and who have been re-employed. the pay drawn immediately before their retirement, shall for purposes of Rule 313 (b) (i) of the Karnataka Civil Services Rules, include.
(a) Where the retirement has taken place on or after 1stJanuary 1968 but before Ist April 1974 the portion of dearness allowance treated as additional basic pay in G.O. No. FD 25 SRP (1) 71 dated 29th January 1971:
(b)(i) Where the retirement has taken place on or after 1st April 1974 but before 1st January 1977 the dearness allowance as on 1st April 1973 sanctioned in G.O. No. FD 19 SRP (2) 73 dated 22nd June 1973 and ordered as counting for pension in G.O. FD 2 SRP (3) 74. dated 29th March 1974.
(ii) Where the Government servant has elected to retainthe scales of pay applicable to him as on 31st December 1976
1. Inserted by No. FD 44 SRS 67 dated 7-7-1967 (wef 1-4-1958 and also applicable to cases arising on or after 1-9- 1957).
2. Inserted by No. FD 51 SRS 64 dated 24-11-1967.
3. Substituted by No. FD 63 SRS 78 dated 12-1-1979 (wef 25-11-1978).
4. Inserted by No. FD 104 SRS 76 dated 21-12-1978 (wef 15-4-1978).
according to the proviso to rule 5 of the Karnataka Civil Services (Revised Pay) Rules 1976 and the retirement takes place while he held such scale, the dearness allowance as on Ist April 1973 sanctioned In G.O. No. FD 19 SRP (2) 73 dated 22nd June 1973 and ordered as counting for pension in G.O. No. FD 2 SRP (3) 74. dated 29th March 1974.]
1 [xxx]
(iii) Pay on re-employment. plus pension (including pensionequivalent of death-cum-retirement gratuity or gratuity in lieu of pension) should not exceed the maximum of the time-scale of the post in which the Government servant is re-employed.
(iv) 2[Special allowance] can be drawn in addition to pay on re-employment provided (1) the total of pension and pay on reemployment plus 2[Special allowance] is restricted to the substantive pay last drawn or officiating pay last drawn 2[where such officiating pay has been drawn for not less than one year immediately prior to retirement] plus 2[Special allowance] last drawn, and (2) the 2[Special allowance] is attached to the post in which he is re-employed.
3[Note - If any 2[Special allowance] is granted to a Government servant on re-employment without attaching it to the post, such 2[Special allowance]y may be allowed to be drawn in addition to the pay fixed under this clause. If at the time of retirement the Government servant was in receipt of a 2[Special allowance] not attached to the post, only such portion of the 2[Special allowance] as has been counted for purpose of pension shall be taken into account in determining the pay last drawn prior to retirement provided such 2[Special allowance] was drawn continuously for atleast one year before retirement.]
4[(bb) The pay of pensioners re-employed on contract basis shall be governed by special orders of Government.]
Instructions:
It has been represented to Government by some of the Officers who have been appointed on contract basis, that the Accountant-General is not authorising them to draw Dearness Allowance at the admissible rates because the terms of contract do not provide for the payment of any Dearness Allowance in
1. Deleted by No. FD 44 SRS 67 dated 7-7-1967 (wef 1-4-1958 and also applicable to cases arising on or after 1-9-1957.
2. Substitued by No. FD 7 SRA 99 dated 29.4.2000 (wef 1.4.1998)
3. Amended by No. FD 64 SRS 61 dated 17-11-1962.
4. Inserted by No. FD 63 SRS 62 dated 7-8-1962
certain cases. It is the intention of the Government that the Dearness Allowance at the rates admissible from time to time to regularGovernment servants may be allowed also to officers reemployed on contract basis. Government therefore, direct that in all such cases, whether or not the terms of contract specifically provide forthe payment of Dearness and other Compensatory Allowances thesame may be allowed at the rates sanctioned to GovernmentServants from time to time, to the contract officers in addition to the pay fixed in the terms of contract. (G.O. No. FD 57 SRS 67 dated5th May 1967).
(c) Once the pay on re-employment is fixed, theGovernment servant shall be entitled to receive the benefits of increments even though the total of pension, including pensionequivalent of death-cum-retirement gratuity or gratuity in lieu ofpension, and pay, exceeds the substantive pay (officiating pay orpay in a temporary post if he is re-employed) in the same postdrawn before retirement, but it should not exceed the maximum of the time-scale of the post in which he is re-employed.
(d) Where on re-employment, pension is not held inabeyance, increments accruing after re-employment should bebased on the consolidated pay i.e., pay on re-employment pluspension (including pension equivalent of death-cum-retirementgratuity or gratuity in lieu of pension).
314. A pensioner of any class may, with the sanction of Government be employed without loss of pension provided that theemployment is bona fide temporary, lasting for not more than a year.
315. The fixation of pay on re-employment of pensionersdrawing part-time allowances may be regulated according to theprinciples enunciated in Rule 313: the officer may be permitted toretain his pension subject to the condition that his part-timeallowance on reemployment plus pension shall not exceed the payat the time of retirement.
316.(a) In the case of a pensioner who is re-employed inGovernment service or in the service of a Local Authority, and who commuted a portion of his pension after such re-employment, theamount of pension which the pensioner is entitled to draw underthe rules in this section shall be amount to which he would have been entitled had there been no commutation. less the amount commuted.
(b) In the case of a pensioner, a portion of whose pension has been commuted before re-employment, the original amount of the pension should be taken Into consideration in fixing the total receipts during re-employment or continued employment and not merely the un-commuted pension.
(c) In the case of a re-employed pensioner whose pensionis held wholly in abeyance during such re-employment and who commutes a portion of his pension during this period, his pay during re-employment shall be reduced by the amount of pension commuted with effect from the date on which the commutation becomes absolute. In the case of a pensioner whose pension is held partly in abeyance during such re-employment, and who, during this period, commutes a portion of his pension in excess of the portion actually drawn, his pay during re-employment shall be reduced, with effect from the date on which the commutation becomes absolute by an amount representing the difference between the portion of pension commuted and the portion of pension drawn until the commutation.
317. Retirement under the Contributory Provident Fund Scheme:- When a Government servant governed by the Contributory Provident Fund Rules is re-employed in the same or a similar post under Government or in an establishment paid from a Local Fund, his pay should be so fixed that such pay together with the pension equivalent of the Government contribution and Interest thereon credited to this Provident Fund shall not exceed the pay last drawn by him before retirement, the ‘Pension Equivalent’ being calculated by adopting the table of commuted value of pension.
Note - The pension equivalent in these cases will be calculated on the basis of the age of the officer on the date of final retirement from service. If, however, the age on the date of retirement falls between two whole number of years the pension equivalent may be calculated on the basis of the age on the next birth-day.
SECTION II - PENSION FOR NEW SERVICE
318. A Government servant who, having been discharged with a pension is subsequently re-employed may not count his new service for a separate pension. Pension if any, is admissible only for the new service combined with the old the whole being counted as one service.
319.(1) If a Government servant who has obtained a Compensation or Invalid pension is re-employed in pensionable service and retains the pension, the pension or gratuity
admissible for his subsequent service is subject to the following limitation namely, that the gratuity or the capital value of the pension shall not be greater than the difference between the value of the pension that would be admissible at the time of the Government servant’s final retirement, if the two periods of service were combined, and the value of the pension already granted for the previous service.
1[(2) Where, a person in receipt of minimum pension from the Government of India has been appointed as a direct recruit, in accordance with the rules of recruitment, in the State Civil Service,-
(a) the pension admissible to him on his retirement fromservice shall be calculated in accordance with the provisions of these rules but shall not be subject to the minimum pension prescribed by or under these rules,
(b) the family pension admissible to his family in the eventof his death, shall be calculated in accordance with the provisions of these rules or the Karnataka Government Servants (Family Pension) Rules, 1964, if applicable, but shall not be subject to the minimum family pension prescribed by or under the said rules.
320.(a) If a gratuity received for the earlier service has not been refunded, gratuity or pension as the case may be allowed of the subsequent service on condition that the amount of such gratuity or the present value of such pension calculated according to the table of commuted value of pensions plus the amount of the previous gratuity shall not exceed the amount of gratuity or the present value of the pension that would have been admissible had the gratuity received for earlier service been refunded.
(b) If the amount of such gratuity or the present value ofsuch pension, plus the amount of the previous gratuity, exceeds the amount of gratuity or the present value of the pension that would have been admissible if the gratuity received for the earlier service had been refunded, the excess must be disallowed.
1. Inserted by No. FD 3 SRS 79 dated 8-2-1980 (wef 21-2-1980)
  ಕೃಪೆ :Karnataka Journal of Pulic Administartion  ಕರ್ನಾಟಕ ಆಡಳಿತ ದರ್ಪಣ