(a) the highest pensionable emoluments enjoyed or
drawn by him; or
(b)
the notional highest pensionable emoluments
deemed to have been enjoyed or drawn by him in
the course of his service,
whichever is the greater:
Provided that where an officer is granted in respect
of some period of his service under the Government or in
other public service both a gratuity and a pension, the
amount of such pension shall be deemed for the purposes of
this subsection to be
(a) where the option to commute any part of a pension
in return for the payment of a commuted pension
gratuity has been exercised, the amount of
pension if that option had not been exercised; or
(b) in all other cases, four-thirds of its actual
amount.
(4) For the purposes of subsections (1), (2) and (3),
the highest pensionable emoluments enjoyed or drawn by an
officer or the notional highest pensionable emoluments
deemed to have been enjoyed by him shall be determined in
accordance with regulation 16 of the regulations.
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