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
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