Rule 35 — CCS

35. Pension on absorption in or under a State Government.- (1) A Government servant, who has been permitted to be absorbed in a service or post in or under a State Government, shall be deemed to have retired from service under the Central Government from the date of such absorption and, subject to sub-rule (6), he shall be eligible, on such absorption, to receive pension or service gratuity, as the case may be, and retirement gratuity on the basis of the qualifying service and emoluments on the date of absorption in accordance with rule 44 and rule 45:

Provided that on retirement from the State Government, the total amount of gratuity in respect of the service rendered under the Government and the service rendered in the State Government shall not exceed the amount that would have been admissible had the Government servant continued in the Central Government service and retired on the same pay which he drew on retirement from the State Government.

(2) The date of absorption shall be

(i) in case a Government employee joins a State Government on immediate absorption basis, the date on which he actually joins that Government. For this purpose, immediate absorption would mean acceptance of a technical resignation of a Government servant from Central Government service to enable him to take up an appointment in the State Government, for which he had applied with proper permission;

(ii) in case a Government employee initially joins a State Government on deputation, the date from which his unqualified resignation is accepted by the Central Government. (3) In the case of a Government employee who joins a State Government on immediate absorption basis, the relieving order shall be issued in the Format 5 which, shall indicate the period within which the Government servant shall join the State Government:

Provided that this period may be extended by the relieving authority for reasons beyond the control of the Government servant, which shall be recorded in writing.

(4) The period between the date of relief and the date of joining in the State Government may be regularised by grant of leave due and, if no such leave is due, the period may be regularised by grant of extraordinary leave.

(5) The relieving authority, before processing the case for sanction of retirement benefits, will ascertain the date of joining by the Government servant in the State Government and accept the resignation of the Government servant from the date preceding the date of joining.

(6) Where a pension scheme similar to the pension scheme under these rules exists in the State Government in which a Government servant is absorbed, he shall be entitled to exercise option either,-

(a) to receive retirement benefits for the service rendered under the Central Government in accordance with sub-rule (1); or

(b) to count the service rendered under the Central Government in that State Government. (7) Where a Government servant is absorbed in a State Government and exercises an option under clause

(b) of subrule (6), on retirement from the State Government, the payment of pension and gratuity for the entire service, including the service rendered in the Central Government, shall be made by that Government and no liability of proportionate pension shall be borne by the Central Government.