Premature retirement of Central Government employees - option to revert to lower post in lieu of premature retirement - Orders Issued on 04.08.1989
Government of India
Ministry of Personnel, & Pensions
Department of Personnel &. Training
New Delhi, the 04.08.1989
Subject: Premature retirement of central Government employees option to revert to lower post in lieu of premature retirement.
The undersigned is directed to refer to Clause. (j) of Rule 56 of' the Fundamental Rules,- which inter-aliaa gives an absolute right- to the Government to retire a Government employee by giving him a notice of not 3.ess than' 3 Months in writing -or 3 months. pay. And allowances in- lieu thereof, if it .is considered necessary to do so. in the Public interest: if 'he is in a pinup Al or Group 'BE' beryl ce cr. post in a substantive, quasi permanent or temporary. capacity or int a. Group re post or service in a substantive capacity but holding a Group Al or Group 'EP post or service in an officiating capacity 'and has entered the service. before attaining the age of 35 years, after he has attained the age of 50 years. The proviso to the- rule made it obligatory on tha part, of the Government to offer a lower post to the Government employee 'who' is in a Group 'C' post -or service in a substantive. capacity but is: holding a Group 'A' or Group SI past or service. in officiating capacity, if he is not found fit to continue in service in the higher post. in the light of various judicial pronouncements, the; said -rule has been emended vide notificaticn 1226 date:I ;the. 27th May, 1969 wherein the aforesaid proviso. haw been- deleted
2. Tha existing. in Stru et the procedure and to be fallowed for reviewing the cases for 'premature retirement of central Government: employees, as contained in this Department's 0.M No. 25013/14/77.4stt.A dated 5.1.713. and 2S013/4/784dated 941.713, provide that if during review, a Government employee .is found to be ineffective and, therefore, not fit to continue in the post which he! is holding, his fine s s/camp et to continue in the next lower post, from' Which he had been promoted, -should be .considered. Case the appropriate authority. Cane s to, the acclaim that the employee. could be 'retained in the next lower post from which. he was promoted, a notice in the form should be in pursuant served cp him retiring him from service of the provisions of the relevant rule,
Simultaneously, it may be explained to covering letter that his continuance in service beyond the ace of 50/55 years or after ,completion of Years of qualifying service, as the case may be, could lie considered, if he is willing to revert to thee lower licit held by him previously the case .: he indicates, his willingness to work in the lower post and gives a written for being so reverted, list - noisomely. be Withdrawn and he May be reverted and calcined in the lower post. The instructions also provide that such an employee would be eligible for consideration for promotion it that hers, and incidence with the n oral rules, after has put in a period of two years subsequent service in the lower post,
3 In the 11 of the amendment - arrived out to PR 56(j) the it foresaid instructions have been re4tewea and it has _ n aa been decided, In desolation with the Strff Side, that if a Government : is not found fit to continue in the post which he holding either grounds of ineffectiveness in the or because of doubtful. integrity, he Shall be retired fort ? with from the service under regarding grant a the relevant rules. The provision an gratin to revert to the not lower post from which he was promoted accordingly stand rescinded.
4. In so far as the persons serving .in the Indian Audit &, Accounts Department are cicerone, these orders have been issued in consultation with the Comptroller to Auditor General of India
5. Ministry of finance etc. are requested to bring the above decision to the of all the appropriate authorities concerned under their control.
DEPUTY SECRTARY TO THE GOVT. OF INDIA