Government Servant Retirement Rules PDF

Summary

This document outlines the rules and regulations for retirement of government servants, encompassing various categories of employees and specialists, including those in teaching and nursing positions. It details age-based retirement stipulations and provisions for extensions in certain cases of public interest.

Full Transcript

**F.R. 56:** (a) Except as otherwise provided in this rule, every Government\ servant shall retire from service on the afternoon of the last day of the month\ in which he attains the age of sixty years:\ Provided that a Government servant whose date of birth is the first of a month\ shall retire fro...

**F.R. 56:** (a) Except as otherwise provided in this rule, every Government\ servant shall retire from service on the afternoon of the last day of the month\ in which he attains the age of sixty years:\ Provided that a Government servant whose date of birth is the first of a month\ shall retire from service on the afternoon of the last day of the preceding\ month on attaining the age of sixty years.\ Provided further that a Government servant who has attained the age of fifty\ eight years on or before the first day of May, 1998 and is on extension in\ service, shall retire from the service on expiry of his extended period of\ service.\ or on the expiry of any further extension in service granted by the Central\ Government in public interest, provided that no such extension in service shall\ be granted beyond the age of 60 years.\ (b) A workman who is governed by these rules shall retire from service on the\ afternoon of the last day of the month in which he attains the age of\ sixty years.\ **Note:** In this Clause, a workman means a highly skilled, skilled, semiskilled,\ or unskilled artisan employed on a monthly rate of pay in an industrial or\ work-charged establishment.\ (bb) The age of superannuation in respect of specialists included in the\ Teaching, Non-Teaching and Public Health sub-cadres of Central Health\ Service shall be 62 years.\ Provided that for the specialists included in the Teaching sub-cadres of the\ Central Health Service who are engaged only in teaching activities and not\ occupying administrative positions, the age of superannuation shall be sixty\ five years:\ Provided further that such specialists of the Teaching sub-cadre of Central\ Health Service who are occupying administrative positions shall have the\ option of seeking appointment to the teaching positions in case they wish to\ continue in service up to sixty-five years.\ **(bbb)** The age of superannuation in respect of nursing teaching faculty with M.Sc. in Nursing in the Central Government Nursing Institutions shall be 65\ years subject to the condition that they continue to function as faculty\ members after the age of 60 years. \(d) No Government servant shall be granted extension in service beyond the\ age of retirement of sixty years:\ Provided that a Government servant dealing with budget work or working as\ a full-time member of a Committee which is to be wound up within a short\ period of time may be granted extension of service for a period not exceeding\ three months in public interest;\ Provided further that a specialist in medical or scientific fields may be granted\ extension of service up to the age of sixty-two years, if such extension is in\ public interest and the grounds for such extension are recorded in writing:\ Provided also that an eminent scientist of international stature may be granted\ extension of service up to the age of 64 years, if such extension is in public\ interest and the grounds for such extension are recorded in writing.\ Provided also that notwithstanding anything contained in any rule, the\ Central Government may, if considered necessary in public interest so to do,\ give extension in service to a Cabinet Secretary in the Central Government for\ such period or periods as it may deem proper subject to the condition that his\ total term as such Cabinet Secretary does not exceed four years.\ Provided also that the Central Government may, if considers necessary in\ public interest so to do, give extension in service to the Defence Secretary,\ Foreign Secretary, Home Secretary, Director, Intelligence Bureau, Secretary,\ Research and Analysis Wing and Director, Central Bureau of Investigation, in\ the Central Government for such period or periods as it may deem proper, on\ a case-to-case basis, subject to the condition that the total term of such\ Secretaries or Directors, as the case may be, who are given such extension in\ service under this rule does not exceed two years.\ Provided also that notwithstanding anything contained in the fifth proviso,\ the Central Government may, if considers it necessary, in public interest, so to\ do, give an extension in service for a further period not exceeding three\ months beyond the said period of two years to the Home Secretary and the\ Defence Secretary.\ Provided also that, the Central Government may, if considered necessary in\ public interest so to do, give extension of service to the Secretary, Department\ of Space and the Secretary, Department of Atomic Energy, for such period or periods as it may deem \'proper subject to a maximum age of 66 years.\ Provided also that the Appropriate Authority shall have the right to terminate\ the extension of service before the expiry \'of such extension by giving a notice\ in writing of not less than three months in the case of a permanent or a quasi\ permanent Government servant, or, of one month in the case of a temporary\ Government servant, or pay and allowances in lieu of such notice. **(i)** A Military Officer in a Civil Department shall cease to be in civil\ employment on the date he attains the age of sixty years.\ (j) Notwithstanding anything contained in this rule, the Appropriate Authority\ shall, if it is of the opinion that it is in the public interest so to do, have the\ absolute right to retire any Government servant by giving him notice of not\ less than three months in writing or three months\' pay and allowances in lieu\ of such notice:\ (i) If he is, in Group \'A\' or Group \'B\' service or post in a substantive, quasi\ permanent or temporary capacity and had entered Government service before\ attaining the age of 35 years, after he has attained the age of 50 years;\ (ii) in any other case after he has attained the age of fifty-five years;\ (jj) (i) If on a review of the case either on a representation from the\ Government servant retired prematurely or otherwise, it is decided to reinstate\ the Government servant in service, the authority ordering reinstatement may\ regulate the intervening period between the date of premature retirement and\ the date of reinstatement by the grant of leave of the kind due and admissible,\ including extraordinary leave, or by treating it as dies non depending upon the\ facts and circumstances of the case:\ Provided that the intervening period shall be treated as a period spent on duty\ for all purposes including pay and allowances, if it is specifically held by the\ authority ordering reinstatement that the premature retirement was itself not\ justified in the circumstances of the case, or, if the order of premature\ retirement is set aside by a Court of Law.\ (ii) Where the order of premature retirement is set aside by a Court of Law\ with specific directions in regard to regulation ofthe period between the date\ of premature retirement and the date of reinstatement and no further appeal is\ proposed to be filed, the aforesaid period shall be regulated in accordance with\ the directions of the Court. \(k) (1) Any Government servant may, by giving notice of not less than three\ months in writing to the appropriate authority, retire from service after he has\ attained the age of fifty years, if he is in Group\' A\' or Group \'B\' service or post,\ (and had entered Government service before attaining the age ofthirty-five\ years), and in all other cases after he has attained the age of fifty-five years:\ Provided that\ (a) Not printed (Since Clause (e) has been Deleted).\ (b) nothing in the clause shall also apply to a Government servant,\ including scientist or technical expert who (i) is on assignment under\ the Indian Technical and Economic Co-operation (ITEC) Programme of\ the Ministry of External Affairs and other aid Programmes,(ii) is posted\ abroad in a foreign-based office of a Ministry I Department and (iit)\ goes on a specific contract assignment to a foreign Government unless,\ after having been transferred to India, he has resumed the charge of the\ post in India and served for a period of not less than one year; and\ (c) it shall be open to theAppropriateAuthority to withhold permission to\ a Government servant, who seeks to retire under this clause, if\ (i) the Government servant is under suspension: or\ (ii) a charge-sheet has been issued and the disciplinary proceedings are\ pending; or\ (iii) if judicial proceedings on charges which may amount to grave\ misconduct, are pending.\ **Explanation:** For the purpose ofthis clause,judicial proceedings shall be\ deemed to be pending, if a complaint or report of a police officer, of which the\ Magistrate takes cognizance, has been made or filed in a criminal proceedings;\ **(I-A)(a)** A Government servant referred to in sub-clause (1) may make a\ request in writing to the Appointing Authority to accept notice of less than\ three months giving reasons therefor;\ **(b)** On receipt ora request under sub-clause (I-A) (a), the Appointing Authority\ may consider such request 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 Government servant shall not apply for commutation of a\ part of his pension before the expiry of the period of notice of three months**.\ 2)** A Government servant, who has elected to retire under this rule and has\ given the necessary intimation to that effect to the Appointing Authority, shall\ be precluded from withdrawing his election subsequently except with the specific approval of such authority:\ Provided thatthe rcq uest for withdrawal shall be within the intended date of\ his retirement.\ (l) Notwithstanding anything contained in Clause (j), the Appropriate\ Authority shall, if it is of the opinion that it is in the public interest to do so,\ have the absolute right to retire a Government servant in Class III service or\ post who is not governed by any pension rules, after he has completed thirty\ years\' service by giving him notice of not less than three months in writing or\ three months\' pay and allowances in lieu of such notice.\ (m) A Government servant in Group \'C\' post who is not governed by any\ pension rules, may, by giving notice of not less than three months in writing to\ the Appropriate Authority, retire from service after he has completed thirty\ years service;\ Provided that it shall be open to the Appropriate Authority to withhold\ permission to a Government servant, who seeks to retire proceedings (should\ be \'if);\ (i) the Government servant is under suspension; or\ (ii) a charge-sheet has been issued and the disciplinary proceedings are\ pending; or\ (iii) if judicial proceedings on charges which may amount to grave\ misconduct, are pending.\ **Explanation:** For the purpose of this clause, judicial proceedings shall\ be deemed to be pending, if a complaint or report of a police officer, of which\ the Magistrate takes cognizance, has been made or filed in a criminal\ proceedings;

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