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KSRs Part III, Chap.IV, Section V, R.56 to 56A; Retiring Pension PDF Print E-mail
Friday, 29 February 2008 19:03

CHAPTER   IV
SECTION V – R.56 to 56A; Retiring Pension

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Rules                                                                                                                References                     
56                                    

A retiring pension is granted to an employee who retires voluntarily after 20 years of qualifying service subject to the following conditions:-

                                        

 
 (i) 

He shall give notice in writing to the appointing authority or the pension sanctioning authority of his intention to retire at least three months before the date on which he wishes to retire:

 

 
  

Provided that the employee may make a request in writing to the appointing authority to accept notice of less than three months giving reasons therefor.  On receipt of such request the appointing authority may consider it for the curtailment of the period of notice of three months on merits and if it is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience the appointing authority may relax the requirement of notice of three months on the condition that the employee shall not apply for commutation of a part of his pension before the expiry of the period of notice of three months.

 
 

[G.O.(P)786/81/Edn., dated 19/11/1981]

 (ii) 

If the retirement of the employee takes place while on leave not due, the retirement shall be effective from the date of commencement of leave and the leave salary paid, if any, shall be recovered either from the death-cum-Retirement Gratuity payable to him or otherwise;

 

 
 (iii) 

The person retiring voluntarily should make sure before applying for retirement that he has put in 20 years of qualifying service.  The rounding of qualifying service prescribed in rule 57 is not permissible at this stage;

 
 
 (iv) 

Voluntary retirement of an employee shall become effective on the grant of permission to retire by the authority competent to make appointment to the post:

 
 
  

Provided that where the authority competent to make appointment to the post does not refuse to grant permission for retirement before the date on which the employee wishes to retire specified in the notice under clause (i), the retirement shall become effective from the date specified in the notice;

 
 
 (v) 

Permission to retire shall be given in all cases except those in which disciplinary proceedings are pending for imposition of a major penalty or the disciplinary authority, having regard to the circumstances of the cases is of the view that the imposition of the penalty of removal or dismissal from service would be warranted or in which prosecution is contemplated or may have been launched in a Court of Law against the officer;

 
 
 (vi)  

Cases in which permission cannot be given by the appointing authority shall be referred to Government intimating the fact to the person concerned, before the date specified in the notice as the date on which the employee desires to retire; 

 
 (vii) 

The actual periods of qualifying service as on the intended date of retirement of the Government Servant shall be increased by a period not exceeding 5 years subject to the conditions that the total qualifying service after allowing the weightage shall not exceed 30 years in cases of retirements prior to 1/7/1978 and 33 years in respect of retirements occurring on or after 1/7/1978 and the weightage shall not exceed the difference between the age of superannuation and that as on the date on which the voluntary retirement becomes effective.  Fraction, if any, in the qualifying service so arrived at shall be rounded to the nearest completed year, that is, fraction of less than half year shall be ignored and half year and above shall be rounded to the next completed year;

 
 
 (viii) 

No notional fixation of pay shall be permissible on the basis of the qualifying service as increased under clause (vii);

 
 (ix) 

The amount of pension granted for the qualifying service as increased under clause (vii) shall be subject to the provisions of rules 2,3 and 59;

 
 
 (x) 

Government Servant shall be permitted to encash the leave at credit as on the date of request for voluntary retirement and / or to enter on eligible leave due (except leave not due) [* and Commuted leave] after applying   for voluntary retirement.  His salary for the period of admissible leave shall be calculated on the basis of the pay drawn by him immediately prior to the commencement of leave:

 

*Omitted

[G.O.(P)No.617/98/Fin.

Dated 10-2-1998]

(Takes effect from 26th May 1987)

 (xi) 

This rule shall not apply to an employee who seeks voluntary retirement from Government service for being absorbed permanently in an autonomous body or a public sector undertaking.

 
 *Note:-

Government may also require an employee to retire any time after he has completed 30 years qualifying service provided that the appropriate authority shall give, in this behalf a notice in writing to the employee, at least three months before the date on which he is required to retire or three months pay and allowances in lieu of such notice.

This amendment takes effect on and from                   26/6/1978.
[G.O.(P)258/81/Fin., dated 29th April 1981]
 

 

*Omitted

[G.O.(P)No.614/98/Fin. Dated 10-2-1998]

   

GOVERNMENT DECISION

 
  

(i)                As the Government servant concerned will retire immediately on payment of pay and allowances in lieu of notice, he would be entitled to pension from the date of such retirement and the pension shall not be deferred till after the expiry of the period of three months for which he is paid pay and allowances.  In other words, pay and allowances given in lieu of the notice period would be in addition to pension for the said period.

 

 [G.O.(P)31/83/Fin. Dated 12-1-83.

 
  

(ii)                The Government Servants who are given pay and allowances in lieu of the notice period are entitled to House Rent Allowance and other allowances at the rates at which they were drawing the allowances immediately before retirement subject to the certificates prescribed in the relevant rules for the purpose of grant of such allowances.

 
 
  

(iii)            The payment of pay and allowances in lieu of the notice period should be made simultaneously with the order of retirement.

 
 
  

(iv)            The pay and allowances to be given in lieu of the notice period would be the pay and allowances, drawn by him immediately before retirement.  Since he would stand retired immediately on payment of pay and allowances, the question of taking into consideration the date of increment does not arise.

 
 
  

(v)                The three months’ pay and allowances given in lieu of notice are “Salary” and therefore, income tax is required to be deducted.

 
 
   

(vi)                The Government servant would stand retired immediately on payment of three months’ pay and allowances in lieu of the notice period and will not be in service thereafter.  Therefore, the question of counting any period subsequent to the date of such retirement for purposes of pension etc., does not arise.

 
**56 (A)   

At any time after a Government employee has completed thirty years of qualifying service, he may be required by the appointing authority to retire in the public interest, provided that the appointing authority shall give in this behalf, a notice in writing to the Government Servant at least 3 months before the date on which he is required to retire in the public interest or 3 months pay and allowances in lieu of such notice.

 

**[G.O.(P)

No.614/98/Fin.

Dated 10-02-1998] 
  

Note:-  In order that the powers vested in the appointing authority are exercised fairly and impartially and not arbitrarily the following guidelines must be followed.

 
 
 (1) 

The criteria, to be followed by the appointing authority are:-

 
 
   

(a)               Government employees whose integrity is doubtful will be retired.

 

(b)             Government employees who are found to be ineffective will also be retired.  The basic consideration in identifying such employee shall be the fitness/competence of the employee to continue in the post, which he is holding.  If he is not found fit to continue in his present post, his fitness/competence to continue in the lower post from where he had been previously promoted, shall be considered.

 

(c)              While the entire service record of an officer shall be considered for the purpose, no employee shall be retired on grounds of ineffectiveness if his service during the preceding 5 years or where he has been promoted to a higher post during that 5 years period, his service in the higher post has been satisfactory.

 

(d)             No employee shall ordinarily be retired on ground of ineffectiveness if in any event; he would be retiring on superannuation within a period of 1 year from the date of consideration of his case.

 
 (2) 

Where it is proposed to (retire a Government Servant) in exercise of the powers conferred by this rule, the appointing authority shall record its opinion in the file that it has formed its opinion and that it is necessary to retire the Government Servant in pursuance of the above rule, in public interest such opinion shall not arbitrary or based on collateral grounds.

 
 
 (3) 

The rules relating to premature retirement shall not be used,

 

(a)         To retire on grounds of specific acts of misconduct, as a short cut to initiating formal disciplinary proceedings or

 

(b)        For reduction of surplus staff or as a measure of effecting general economy without following the rules and instructions relating to retirement.

 

 
 (4) 

(a)        In case the appointing authority comes to the conclusion that the officer is not fit for being retained in the present post, but could be retained in the next lower post from which he was promoted, a notice shall be served in such a case on the employee retiring him from service in pursuance of the provision of the relevant rule.  Simultaneously it may be explained to him in a covering letter that his continuance in service after the completion of 30 years of service could be considered if he is willing to be reverted to the lower post, held by him previously.  In case he indicates his willingness to work in the lower post and gives a written request for being so reverted, he may be retained in service and continued in the lower post.

 

(b)       Employees who seek reversion to lower posts in lieu of premature retirement shall be made eligible for consideration for promotion after they have put in a service of two years in the lower post along with others in accordance with the normal rules by the D.P.C. or other selecting authority on the basis of subsequent records in the lower post.

 
 
 (5)

Procedure for consideration of representation:

 

(i)          A Government employee who has been served with a notice/order of premature retirement under the provision mentioned above, may submit a representation within three weeks from the date of service such notice/order.

 

(ii)        On receipt of the representation the appointing authority should examine the same to see whether it contains any new facts or any new aspect of a fact already known, but which was not taken into account at the time of issue of notice/order of premature retirement.  After this examination, the case shall be placed within 3 months from the date of receipt of such representation before Government for final decision.

 
 
   

RULING No 1

 
  

The power to retire an employee under this rule is exercisable by the authority competent to fill the appointment held by the employee.  But orders permitting an employee to retire after twenty years qualifying service or orders requiring an employee to retire after thirty years qualifying service should as a rule not be issued until after the fact that the employee has indeed completed the required qualifying service has been verified in consultation with the Accountant General.

 
   

RULING No.2

 
  

An employee who has elected to retire under this rule and has given necessary intimation to that effect to the competent authority, shall be precluded from withdrawing his election subsequently except with the sanction of the Government under the recommendation of the authority competent to fill the appointment, provided his request for withdrawal is made within the intended date of his retirement.

 
 
  

 

   
   

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Last Updated on Monday, 03 March 2008 19:57