In a case of this kind, where an officer who has been duly granted a pension is subsequently reemployed, the Treasury practice is as follows. If the officer on reemployment attains a higher rate of salary than that on which he retired, the first pension is cancelled, and the ultimate pension is, subject to the usual conditions, calculated on the final emolument and the total length of service, though the whole had been as continuous.
If, on the other hand, the salary received during the second period of service is lower than the first, on the basis of which he was previously retired, the old pension is revived on ultimate retirement, and a separate pension is awarded, based on the length of the later service, and on later emoluments.
4. In the present case, the officer was reemployed at the same rate of pay as he had previously received, but not at a higher rate. He had drawn his pension for three years when he first retired. This average salary was less than that drawn prior to retirement. On the other hand, in respect of the addition of free quarters, which was not enjoyed during the latter service, practically made up his total emoluments to a higher amount than that in respect of which he is now retired.
I am of opinion that he should be allowed to draw his former pension.