THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

120. A Government servant in foreign service may not elect to withhold contribution andto forfeit the right to count as duty in Government service the time spent in foreign employ.The contribution paid on his behalf maintains his claim to pension, or pension and leavesalary as the case may be, in accordance with the rules of the service of which he is amember. *In respect of all cases where the absorption is made as per the terms andconditions prescribed by Government by issuing separate specific orders whereby thepersons who are on deputation are allowed to be absorbed with retrospective effect in thePublic Sector Undertakings or Boards, the refund of leave salary and pension contribution tothe foreign employer for the period construed as deputation earlier shall be given effect to.The amount paid by way of pension contribution @ by the Public Sector Undertakings/boardsin respect of the absorbed Government servants, during the period from the date of absorptionto the date of issue of orders of absorption shall be refunded to the concerned Public SectorUndertakings/Boards. **In cases where the pension contribution, are remitted in excess of thedemand by the foreign employer, the Heads of Department concerned should draw a bill forexcess amount and pay it to the foreign employer.*[G.O. Ms. No. 327, P & AR (PR. Special), dt. 16-9-91 w.e.f. 21-3-1980.]**[G.O. Ms. No. 1100, P & AR (FR. III), dt. 15-12-1987 w.e.f. 19-1-1987.]@ [G.O. Ms. No. 312, P & AR (FR. SPL), dt. 30-8-91 w.e.f. 5th January 1983.]121. A Government servant transferred to foreign service other than the United NationsOrganisations and the developing countries in Asia, Africa and Latin America may not, withoutthe sanction of Government accept a pension or gratuity from his foreign employer in respectof such service.121-A. A Government servant transferred to foreign service in the united NationsOrganisations and the developing countries in Asia. Africa and latin America may accept theretirement benefit from his foreign employer in respect of such service subject to the followingconditions:-(1) (i) A Government servant transferred to foreign service in the United NationsOrganisations for a period of five years or more shall be allowed option either to avail himselfof the retirement benefits as admissible under the rules of such Organisations and to excludesuch service from the qualifying service for calculation of pension under the rules ofGovernment applicable to him or to pay the pension contribution to Government for the periodof his foreign service and to count such service as qualifying service for calculation ofpension under the rules of Government applicable to him.(ii) If the Government servant opts to avail himself of the retirement benefits under therules of the United Nations organisations as in sub-clause (i), such retirement benefits shall bereceived by him in Indian Rupee.(iii) A Government servant, who is transferred to foreign service in the United NationsOrganisations for a period of one year or more but less than five years and who is not entitledto the retirement benefits under the rules of the said organisations, shall pay pensioncontribution to Government at the rates prescribed under rule 116. On the conclusion offoreign service he shall be allowed to receive from his foreign employer the withdrawalbenefits as admissible under rules of the said Organisations.(iv) The retirement benefits shall not be paid concurrently with the salary from theGovernment to a Government servant who rejoins duty in Government service on theconclusion of foreign service but it shall be credited to the revenues of Government underintimation to the Pay and Accounts Officer/Accountant-General in the case of Group A andGroup B government servants and to the heads of Departments in the case of others, so that anote could be kept in the Service records/Service books of the Government servant concernedof the amount received from the United Nations Organisations. The amount so credited shallbe paid to the Government servant concerned, along with other pensionary benefits when hefinally retires from Government service.(2) A Government servant transferred to foreign service in the developing countries in Asia,Africa and Latin America shall be allowed to receive from his foreign employer concerned thegratuity payable to him on the conclusion of foreign service. The above gratuity shall not175