Premature retirement of Central Government employees - Orders Issued On 04.08.1989

No, 25013/11/87-Estt.(A)

Government of India

Ministry of Personnel, P.G. & Pensions

Department of Personnel & Training

New Delhi, the 04.08.1989

OFFICE MEMORADNUM

Subject: Premature retirement of central Government employees option to revert to lager 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 less 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 Group (A) or Group '131 Service or post in a substantive, gue.si-permanent or temporary capacity or in a Group ICI post or service in a substantive capacity but holding a Group A, or Group 'B' 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 the part of the Government to offer a lower post to the Government employee who is in e. Group 'C' post or service in a substantive capacity but is holding a Group ' AI or Group 1B, post or service in officiating Capacity/ if he is not found fit to continue in service in the higher pest In the light of various judicial pronouncements, the said rule has been amended vide notification S.O 1226 da-ted the nth Mal', 1909 wherein the aforesaid proviso has been deleted.

2, The existing instructions din the procedure and guidelines to be followed for reviewing the cases for premature retirement of Central Government employees, as contained in this Department' s 0.M. No. 25013/14/77-Estt,A dated 5.1.70 and 25013/4/78-dated 9.8.78, 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 fitness/competence to con-tenue in the next lower post, from which he had been promoted, should be considered. In case the appropriate authority comes to the conclusion that the employee could be retained in the next lower post from which he was promo-ted, a notice in the prescribed form should be served on him retiring him from service in pursuance of the provisions of the relevant rule.

Simultaneously, it may be explained to him covering letter that his continuance in service beyond the age of 50/55 years or after ,completion of 30 years of qualifying service, as the case may be, could be considered, if he is willing to revert to the, lower post held by him previous. In case he indicates. his willing-less to work in the lower post and gives a written request. f or being so reverted, the notice may, be withdrawn and he May be reverted and continued in the lower post. The instructions also provide that such an employee would be eligible for consideration for promotion along with the others, and in accordance with the normal rules, after e has put in a period of two years subsequent service in the lower post.

3. In the light of the amendment Carried out to FR 56 (j) the aforesaid instructions have been issued and it has have been decided in Consultation with The Staff Side, that if a Government servant is not found fit It o c eat inure in the post with he is holding either on grounds of ineffectiveness or because of doubtful integrity, he Shell be retired fort-with from the service under the -relevant rules. The/Provision regarding grant of nation to revert. to the next lower post from which he was promoted accordingly stand rescinded.

4. Audit In so far as the persons serving in the Indian & Accounts Department. are concerned, these orders have been issued in Consultation with the Comptroller &- Auditor General of India.

5. Ministry of Finance etc. are requested. to bring the above decision to the notice of all the appropriate authorities concerned under their control.

(K. SARKAR)

DEPUTY SECRETARY TO THE GOVT OF INDIA