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ANDHRA PRADESH REVISED PENSION RULES, 1980 (As ... - APHB

ANDHRA PRADESH REVISED PENSION RULES, 1980 (As ... - APHB

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R - 20<br />

It has also been decided that the above concession can be allowed<br />

even in cases where there are interruptions between the non-regular military/<br />

purely temporary service and the civil service provided such interruptions are<br />

condoned. For condonation of such interruptions the following conditions<br />

should be fulfilled.<br />

(1) Service preceding the interruption should not be of less than<br />

five years’ duration and in cases where there are two or more<br />

interruptions, the total service, pensionary benefits in respect<br />

of which will be lost if the interruptions are not condoned, should<br />

not be less than five years; and<br />

(2) The interruption should not be more than of one year’s duration.<br />

In cases where there are two or more interruptions, the total of<br />

the periods of all interruptions that are condoned should not<br />

exceed one year.<br />

In such cases the pensionary liability in respect of the military service<br />

shall be borne by the Defence Authorities and the Government servant shall<br />

be required to refund the service gratuity, if any, received by him in respect of<br />

the military service rendered by him, before he is allowed to count that service<br />

towards Civil Pension.<br />

Note (3):- A question has arisen as to whether the Enlisted/<br />

Commissoned Military Service which is shown as non-pensionable/war time<br />

engagement by the Defence Authorities in the certificates of verification of<br />

military service, should count towards Civil Pension in the case of persons<br />

who are permanently appointed to civil posts. The position is that in the Defence<br />

Services there are no non-pensionable establishment and the service officers/<br />

personnel are either on regular or non-regular terms. Those who are on regular<br />

terms are entitled to pension/gratuity after rendering the prescribed period of<br />

service and others who are not on regular terms are entitled to gratuity as<br />

admissible under the rules/orders in accordance with which they are engaged.<br />

Non-regular military service when followed by service on regular terms counts<br />

for military pension. In the circumstances, the service which is shown as<br />

non-pensionable/war time engagement is in fact non-regular (purely temporary)<br />

military service including war service and will be allowed to count towards<br />

Civil Pension in terms of Notes (1) and (2) above, as the case may be. The<br />

pensionary charges in respect of war service in such cases shall be borne by<br />

the Civil Authorities and those in respect of military service (other than war<br />

service) shall be borne by the Defence Authorities as indicated in Note 6<br />

below.<br />

40

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